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The Statutes at Large of the Provisional Government of the Confederate States of America,
from the Institution of the Government, February 8, 1861,
to its Termination, February 18, 1862, Inclusive. Arranged in Chronological Order.
Together with the Constitution for the Provisional Government,
and the Permanent Constitution of the Confederate States,
and the Treaties Concluded by the Confederate States with Indian Tribes:
Electronic Edition.

Confederate States of America.

Matthews, James M. (James Muscoe), b. 1822. Ed.

Funding from the Institute of Museum and Library Services
supported the electronic publication of this title.

Text transcribed by Apex Data Services, Inc.
Images scanned by Bryan Synche
Text encoded by Apex Data Services Inc. and Joshua G. McKim
First edition, 2001
ca. 2.5M
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2001.

        © This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.

Source Description:
(title page) The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution of the Government, February 8, 1861, to its Termination, February 18, 1862, Inclusive. Arranged in Chronological Order. Together with the Constitution for the Provisional Government, and the Permanent Constitution of the Confederate States, and the Treaties Concluded by the Confederate States with Indian Tribes:
(uniform) Laws, etc. (Statutes at large of the provisional government of the Confederate States of America)
Edited by James M. Matthews
474p.
Richmond:
R. M. Smith, Printer to Congress.
1864

Call number 19conf (Rare Book Collection, University of North Carolina at Chapel Hill)

        The electronic edition is a part of the UNC-CH digitization project, Documenting the American South.

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Library of Congress Subject Headings, 21st edition, 1998

Languages Used:

LC Subject Headings:

Revision History:

        

Illustration

BY AUTHORITY OF CONGRESS.
THE
STATUTES AT LARGE
OF THE
PROVISIONAL GOVERNMENT
OF THE
Confederate States of America,
FROM THE
INSTITUTION OF THE GOVERNMENT, FEBRUARY 8, 1861, TO
ITS TERMINATION, FEBRUARY 18, 1862, INCLUSIVE.
ARRANGED IN CHRONOLOGICAL ORDER.
TOGETHER WITH
THE CONSTITUTION FOR THE PROVISIONAL GOVERNMENT,
AND THE PERMANENT CONSTITUTION OF
THE CONFEDERATE STATES,
AND
THE TREATIES CONCLUDED BY THE CONFEDERATE
STATES WITH INDIAN TRIBES.

EDITED BY

JAMES M. MATTHEWS
ATTORNEY AT LAW,
AND LAW CLERK IN THE DEPARTMENT OF JUSTICE.

RICHMOND:
R. M. SMITH, PRINTER TO CONGRESS.
1864.

Page iii

TABLE OF CONTENTS.

Page v

LIST
OF THE
PUBLIC ACTS AND RESOLUTIONS
OF THE
PROVISIONAL CONGRESS,
AND OF THE PROCLAMATIONS AND TREATIES
CONTAINED IN THIS VOLUME.

Page xvi

LIST
OF THE
PRIVATE ACTS AND RESOLUTIONS
OF THE
PROVISIONAL CONGRESS.

Page 1

        The Confederate States of America. At a Congress of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana begun and holden at the Capitol in Montgomery, in the State of Alabama, on the fourth day of February, in the year of our Lord, one thousand eight hundred and sixty-one; and thence continued by divers adjournments, until the eighth day of February in the same year:

CONSTITUTION
FOR THE
PROVISIONAL GOVERNMENT
OF THE
CONFEDERATE STATES OF AMERICA.

        Constitution for Provisional Government, established.


        How long to continue.


        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 of these States, ordain and establish this Constitution for the Provisional Government of the same: to continue one year from the inauguration of the President, or until a permanent Constitution or Confederation between the said States shall be put in operation, whichsoever shall first occur.

ARTICLE I.

SECTION 1.

        Legislative powers vested in Congress.


        All legislative powers herein delegated shall be vested in this Congress now assembled until otherwise ordained.

SECTION 2.

        Vacancies in the representation, how filled.


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

SECTION 3.

        Congress to be the judge of the elections, returns and qualifications of members. Quorum, how constituted. What number may adjourn.


        Each State entitled to one vote. How State represented.


        1. The Congress shall be the judge of the elections, returns and qualification of its members; any number of Deputies from a majority of the States, being present, shall constitute a quorum to do business; 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 to one vote, and shall be represented by any one or more of its Deputies who may be present.

        Rules of proceeding.


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

        Journal of proceedings to be kept.


        Yeas and nays.


        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 members on any question, shall, at the desire of one-fifth of those present, or at the instance of any one State, be entered on the journal.

Page 2

SECTION 4.

        Compensation of members. How paid.


        In what cases members priviledged from arrest.


        Not to be questioned for any speech or debate.


        The members of Congress shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederacy. They shall in all cases, except treason, felony and breach of the peace, be priviledged from arrest during their attendance at the session of the Congress, and in going to and returning from the same; and for any speech or debate, they shall not be questioned in any other place.

SECTION 5.

        Bills passed by Congress to be presented to President. Proceedings when the President disapproves.


        When bill retained by President becomes a law.


        President may veto one, and approve another appropriation in same bill.


        1. Every bill which shall have passed the Congress, shall, before it become a law, be presented to the President of the Confederacy; if he approve, he shall sign it; but if not, he shall return it with his objections to the Congress, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such re-consideration, two-thirds of the Congress shall agree to pass the bill, it shall become a law. But in all such cases, the vote shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal. If any bill shall not be returned 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 their adjournment, prevent its return, in which case it shall not be a law. The President may veto any appropriation or appropriations and approve any other appropriation or appropriations in the same bill.

        Orders, resolutions, etc., to be presented to the President. If disapproved by him, how re-passed by Congress.


        2. Every order, resolution or vote, intended to have the force and effect of a law, shall be presented to the President, and before the same shall take effect, shall be approved by him, or being disapproved by him shall be re-passed by two-thirds of the Congress, according to the rules and limitations prescribed in the case of a bill.

        Until President inaugurated, bills, etc., of force, without his approval.


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

SECTION 6.

        Power of Congress to lay taxes to carry on the Government.


        Duties to be uniform.


        1. The Congress shall have power to lay and collect taxes, duties, imposts and excises, for the revenue 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.

        To borrow money.


        2. To borrow money on the credit of the Confederacy:

        To regulate commerce.


        3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes:

        To establish uniform rule of naturalization and law of bankruptcy.


        4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Confederacy:

        To coin money. To fix standard of weights and measures.


        5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures:

        To punish counterfeits.


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

        To establish post offices and roads.


        7. To establish post offices and post roads:

        To promote science and useful arts.


        8. 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:

        To constitute inferior tribunals.


        9. To constitute tribunals inferior to the supreme court:

        To define and punish piracies, etc.


        10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations:

        To declare war.


        11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:

Page 3

        To raise armies.


        12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years:

        To provide a navy.


        13. To provide and maintain a navy:

        Government of army and navy.


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

        Militia.


        15. To provide for calling forth the militia to execute the laws of the Confederacy, suppress insurrections, and repel invasions:

        Organization, etc., of the militia.


        16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederacy, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress:

        To make all laws necessary to carry into effect the powers expressly delegated by the Constitution.


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

        To admit States.


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

        To exercise Executive powers till President inaugurated.


        19. This Congress shall also exercise Executive powers, until the President is inaugurated.

SECTION 7.

        Importation of African negroes forbidden.


        1. The importation of African negroes from any foreign country other than the slave-holding States of the United States, is hereby forbidden; and Congress are required to pass such laws as shall effectually prevent the same.

        Introduction of slaves prohibited.


        2. The Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy.

        Writ of Habeas Corpus.


        3. The privilege of the writ of Habeas Corpus shall not be suspended unless, when in cases of rebellion or invasion, the public safety may require it.

        Bill of Attainder, or ex post facto law.


        4. No Bill of Attainder, or ex post facto law shall be passed.

        No preference to ports of one State over another.


        5. 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.

        No money drawn from the treasury but by law. Receipts and expenditures published.


        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 be published from time to time.

        Appropriations of money from the treasury. When authorized.


        7. Congress shall appropriate no money from the treasury, unless it be asked and estimated for by the President or some one of the heads of Departments, except for the purpose of paying its own expenses and contingencies.

        No title of nobility to be granted.


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

        Religious freedom.


        Freedom of speech and of the press.


        Right of petition.


        9. Congress shall make no law respecting an establishment of religion or prohibiting the free exercises thereof: or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of such grievances as the delegated powers of this Government may warrant it to consider and redress.

        Right to bear and keep arms.


        10. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

Page 4

        Quartering of soldiers.


        11. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

        Unreasonable searches and seizures prohibited.


        No warrant to issue but on oath or affirmation.


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

        Trials for capital offences, or infamous crimes.


        No one to be twice put in jeopardy of life or limb, for same offence: nor compelled to testify against himself; nor be deprived of life, etc., without process of law.


        Private property not to be taken for public use, without compensation.


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

        Trial by jury in criminal cases.


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

        Trial by jury in civil cases.


        15. 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 re-examined in any court of the Confederacy, than according to the rules of the common law.

        Excessive bail not to be required, nor excessive fine imposed or punishment inflicted.


        16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

        Enumeration of certain rights not to be construed to deny others retained by people.


        17. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

        Reserved powers.


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

        Limitation of the judicial power.


        19. The judicial power of the Confederacy shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the States of the Confederacy, by citizens of another State, or by citizens or subjects of any foreign State.

SECTION 8.

        Limitation of the powers of the States.


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

        2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the Confederacy, and all such laws shall be subject to the revision and control of the Congress. No State, shall, without the consent of Congress, lay any duty of tonnage, 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.

Page 5

ARTICLE II.

SECTION 1.

        Executive power vested in President.


        Duration of his office and of the office of Vice-President.


        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 Provisional Government shall be superceded by a Permanent Government, whichsoever shall first occur.

        Manner of electing President and Vice President.


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

        Qualifications of the President.


        3. No person, except a natural born citizen, or a citizen of one of the States of this Confederacy 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 of one of the States of this Confederacy.

        Vacancy in office of President; how supplied.


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

        Compensation for the services of the President.


        5. The President shall at stated times receive for his services, during the period of the Provisional Government, a compensation at the rate of twenty-five thousand dollars per annum; and he shall not receive during that period any other emolument from this Confederacy, or any of the States thereof.

        Oath of office of President.


        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 Confederate States of America, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof.

SECTION 2.

        Powers and duties of the President.


        May grant reprieves and pardons.


        1. The President shall be Commander-in-Chief of the Army and Navy of the Confederacy, and of the militia of the several States, when called into the actual service of the Confederacy; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the Confederacy, except in cases of impeachment.

        May make treaties, by and with consent of Congress.


        Appointments to office.


        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 and consent of the Congress, shall appoint ambassadors, other public ministers and consuls, judges of the courts, and all other officers of the Confederacy whose appointments are not herein otherwise provided for, 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 of departments.

        Vacancies during the recess of Congress.


        3. The President shall have power to fill up all vacancies that may

Page 6

happen during the recess of the Congress, by granting commissions, which shall expire at the end of their next session.

SECTION 3.

        President to give Congress information of the state of the Confederacy.


        May convene Congress on extraordinary occasions.


        Other powers and duties.


        1. He shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene the Congress at such times as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed; and shall commission all the officers of the Confederacy.

        Removals from office on conviction of crimes.


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

ARTICLE III.

SECTION 1.

        Judicial power vested in Supreme Court, etc.


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

        District Courts established; their jurisdiction.


        Appeals from District Courts to the Supreme Court.


        When commissions of the judges expire.


        2. Each State shall constitute a District,*

        * This paragraph amended. See post, p. 9.


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 United States, as far as applicable, in both the District and Circuit Courts of the United States, for that State; the Judge 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 the laws of the United States in the Judges of the District and Circuit Courts of the United States, for that State, and shall appoint the times and places at which the courts shall be held. Appeals may be taken directly from the District Courts to the Supreme Court, under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States, or under such regulations as may be provided by the Congress. The commissions of all the judges shall expire with this Provisional Government.

        Supreme Court constituted of the District Judges; when and where to sit.


        3. The Supreme Court shall be constituted of all the District Judges, a majority of whom shall be a quorum, and shall sit at such times and places as the Congress shall appoint.

        Transfer of causes in the Courts of the United States, to the courts of the Confederacy.


        Decrees, etc., of U. S. courts.


        Protection of parties to suits.


        4. The Congress shall have power to make laws for the transfer of any causes which were pending in the 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.

SECTION 2.

        Extent of judicial power.


        1. The judicial power shall extend to all cases of law and equity, arising under this Constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, under its authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederacy shall be a party; controversies between

Page 7

two or more States; between citizens of different States; between citizens of the same States claiming lands under grants of different States.

        Original jurisdiction of the Supreme Court.


        Appellate jurisdiction.


        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 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.

        Trial by jury.


        3. The trial of all crimes except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

SECTION 3.

        What constitutes treason, and how to be proved.


        1. Treason against this Confederacy shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

        Punishment of treason. Not to work corruption of blood, etc.


        2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attained.

ARTICLE IV.

SECTION 1.

        The public acts, etc., of the States to have full faith and credit.


        1. 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 of such proof.

SECTION 2.

        Citizens of the States entitled to equal privileges.


        1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.

        Fugitives from justice.


        2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be 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.

        Fugitive slaves.


        In case of abduction or rescue of slave, full compensation to be made.


        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 in which 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 in which such abduction or rescue shall take place.

SECTION 3.

        Republican form of government guaranteed to each State; and protection from invasion and domestic violence.


        1. The Confederacy shall guarantee to every State in this union, a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence.

Page 8

ARTICLE V.

        Amendments to Constitution.


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

ARTICLE VI.

        The Constitution, laws of the Confederacy and treaties, the supreme law of the land.


        1. This Constitution, and the laws of the Confederacy which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederacy, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding.

        All matters between the States forming this Government, and their late confederates of the United States, to be settled.


        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 the public property and public debt at the time of their withdrawal from them; these States hereby declaring 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.

        Seat of Government.


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

        Oath of members of Congress, and of executive and judicial officer.


        No religious test required as qualification for office.


        4. The members of the Congress and all executive and judicial officers of the Confederacy shall be bound by oath or affirmation to support this Constitution; but no religious test shall be required as a qualification 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, in the year of our Lord, One Thousand, Eight Hundred and Sixty-One; and of the Confederate States of America, 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, Wm. Porcher Miles, Lawrence M. Keitt, William W. Boyce, Tho. J. Withers.
Georgia.--R. Toombs, Francis S. Bartow, Martin J. Crawford, E. A. Nisbet, Benjamin H. Hill, Augustus R. Wright, Thos. R. R. Cobb, A. H. Kenan, Alexander H. Stephens.
Florida.--Jackson Morton, Jas. B. Owens, J. Patton Anderson.
Alabama.--Richard W. Walker, Robt. H. Smith, Colin J. McRae, Jno. Gill Shorter, William Parish Chilton, Stephen F. Hale, David P. Lewis, Tho. 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 second day of March, in the year 1861, the Deputies from the State of Texas were authorized to sign the Provisional Constitution above written.

Attest, J. J. HOOPER,
Secretary.

Texas.--Thomas M. Waul, Williamson S. Oldham, John Gregg, John H. Reagan, W. B. Ochiltree, John Hemphill, Louis T. Wigfall.

Page 9

AMENDMENT
TO THE
PROVISIONAL CONSTITUTION
OF THE
CONFEDERATE STATES.

        An Ordinance of the Convention of the Congress of the Confederate States.

May 21, 1861.

        Amendment to 2nd ¶ of 1st § 3rd art. of Provisional Constitution.


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

APPROVED May 21, 1861.

Page 11

CONSTITUTION
OF THE
CONFEDERATE STATES OF AMERICA.

        Purposes for which the Constltution was ordained and established.


        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 domestic tranquility, and secure the blessings of liberty to ourselves and our posterity--invoking the favor and guidance of Almighty God--do ordain and establish this Constitution for the Confederate States of America.

ARTICLE I.

SECTION 1.

        Legislative power vested in Congress.


        All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives.

SECTION 2.

        House of Representatives; when chosen; qualification of electors.


        1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.

        Qualifications of Representative.


        2. No person shall be a Representative who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

        How Representatives and direct taxes are apportioned.


        Census to be taken every ten years.


        Ratio of representation limited.


        3. Representatives and direct taxes shall be apportioned among the several States, which may be included within this Confederacy, according to their respective numbers, which shall be determined, by adding 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 all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six; the State of Georgia ten; the State of Alabama nine; the State of Florida two; the State of Mississippi seven; the State of Louisiana six; and the State of Texas six.

Page 12

        Vacancies in the representation; how filled.


        4. When vancancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.

        House chooses its officers, and has power of impeachment.


        5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment; except that any judicial or 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.

SECTION 3.

        Senate; how composed. Senators; how chosen.


        1. The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legislature thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote.

        Senators divided into three classes.


        When seats of Senators vacated.


        Executive of a State may fill vacancy during recess of Legislature.


        2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of 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 recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislat