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WILLIAM wheast.}propnetors- S-ii $ni>tj)titknt Jhiiiulj ^lclusjia|ifr: jfor % ^ramotroit of tjw political, Social, ^gricuffural ant Commercial Interests of tlje Sontjj. {?a pee yeab, in advance. %
VOLUME 7. TORKVILLE, REPUBLIC OF SOUTH CAROLINA, THURSDAY MORNING, FEBRUARY 21,1861. ' NUMBER 8.' .
WMz aatl .Harm
For the Yorkville Enquirer.
ARGUMENTS FOR SLAVERY.
THE SLAVE TRADE?UNIVERSALLY PREVALENT?AFRICAN
SLAVE TRADE, BY
WHOM PRACTICED UPON THE AMERICAN
SHORES?NOT IN ALL ITS ORIGINAL
FEATURES TO BE DENOUNCED AND CONDEMNED
THE PRESENT SLAVEHOLDERS
NOT IMPLICATED IN THE CRIMINALITY
CONNECTED WITH THE ORIGIN OF SLAVERY
HERE.
III. Another general ground upon which
slavery, as an institution, may he defended,
is furnished by the consideration of certain
facts connected with the introduction and
existence and relative position of African
slavery in this country.
1. And here in the outset, we remark
that the introduction of Africans into this
conntrv. and under bondage, was in har
mony with the uniform practice of the world
for untold ages past. Without making any
more than a passing allusion to the servitude
practised by patriarchs and the Jewish
people through all its history, we may say
that for four thousand years, slavery, in
some form, has been identified with every
respectable nation. It can be traced in
Egypt, both in her earliest history and in
her pyramids, the monuments of slave labor;
in She empires of the east, hcary with age
and famous in exploits, e. g. Assyrian, Syrian,
Persian, Phoenician, Parthian, Babylonian,
in each of which vestiges of slavery,
varying from the mildest vassalage to the
most abjeot bondage, can be clearly tracked.
? - /? T 1
So, too, in the immense countries oiuuaea,
Hindostan, China and Japan, and eveo in
Africa, slavery has been from remotest ages
extensively prevalent. We need not again
mention Greece and Rome, for every student
of history knows that the Greeks and
Trojans at the siege of Troy, had slaves,
and that Athens and Sparta and Thebes,
and indeed the whole Grecian and Roman
worlds, had more slaves than freemen.?
Says the distinguished historian, Hallam :
"In every age and country, until times
comparatively recent, personal servitude appears
to have been the lot of a large, perhaps
the greater portion of mankind." Not
being confined to the countries alluded to,
it was certainly universal during the middle
ages, upon the continent of Europe.?
In France, the German States and Poland.
Sicily, Italy and Venice, until modern years,
the slave in name and in reality was met at
every point. And who does not know that
the serfs of Hungary and Transylvania and
Russia rise but little, if any, above a state
-C -1 a nA oa TurL-ow nnrl Rrn7.il
U1 DlttVCiJf* uuu bd iv j.uiavj w-v.
all know that nominal and real slavery is
universally prevalent, and has been for ages.
And as to other European provinces and j
adjacent States, and among them Spain and
Portugal, none can doubt their part connection
with slavery ; and as for Great Britain,
her possession of slaves from the times of
Julius Caesar down to the present century,
when she abolished the African slave-trade,
is too notorious to be mentioned. And
thus we see that to engraft slavery upon
this American continent, was only to put
her in rank with the world?give her what
every civilized nation has been accustomed
to have, and what every tropical country
now has. Hence African slavery in its
rise in this country, had the prestige and
example of the world before it.
2. Again. It is lawful to assume that
the agency by which the traffic in slaves
r ~ ^ OAntlnno^ f A rtntlT
D?gciU, auu lUl J t-aio vvuuuu^u w j^v?.
Africans into America, as well as the opposition
at first made to it by many of those
States now most identified with slavery, tend
to relieve the slave States of responsibility
for the trade, as loDg conducted, and even
canses the accusation of criminality to rebound
upon the heads of those who are now
the bitterest assailants of us and slavery!
From 1620, the time the first cargo of
slaves was landed in the American colonies
?and that at Jamestown, Virginia?to the
prohibition of the African slave trade by
law in 1808, the agency has been, to a
great degree, foreign, and to a greater extent
Northern, and thus indicating that the
complicity of the Southern States, in the
oriein and conducting of the slave trade,
O W
was very limited. Space would fail us to
speak of the participation in this trade by
the Dutch and Spaniards and Portuguese,
and hence, we only refer to England as a
foreign participant in it?and just in point,
is the language of Bancroft: "Before
America legislated for herself the interdict
of the slave trade was impossible. England
was inexorable in maintaining the
system, which gained new and stronger supporters
by its excess. English Continental
Colonies, in the aggregate, were always opposed
to the African slave trade.
Maryland, Virginia and Carolina, each
showed an anxious preference for the introduction
of white men ; and laws, designed
to restrict the importation of slaves,
are scattered copiously all along the records
of Colonial legislation. The New England
and other Northern States, took part in the
traffic, as well as approved it by law, at an
early date. In 1641 Massachusetts recognized,
among her "fundamental" laws, negro
slavery and the African slave trade, and
oho with fieoieia and South Carolina ur^ed
its continuance until 1808. Connecticut,
in 1650, ordered the troublesome "Indians
to be seized, ani either to be made serve,
or be shipped out and exchanged for negroes,
as the case will justly bear." Rhode!
Island surpassed all New England in the'
proportional number of her slaves, and she|
had 54 vessels engaged in the slave trade
in 1807. New York had an interest in
slave ships, and brought in so many slaves
that in 1750, they constituted one sixth of
her population. "That New York is not,"
says Bancroft, "a slave State like Carolina,
is due to climate and not to the superior
humanity of her founders."
In 1740 the Legislature of New York
said, "All due encouragement ought to be
given to the direct importation of slaves,
and all smuggling of slaves condemned as
an eminent discouragement to the fair trader."
Thus, as we may conclude, the agency
in carrying on the slave trade, for
more than a century, was in other hands
than ours, or the ancestry of us, who now
hold the slaves, being, in great part, the
work of foreigners. In addition to this?
says one who is himself anti-slavery in his
views?"It is clear, then, that the responsibility
of the introduction of slavery into
this country, rests as much upon the North
as upon the South. Indeed, so far as I
am able to ascertain," continues Dr. N. L
Rice, "the Southern people did not engage
in the trade, but all the vessels were built
and sent out from the North. I do not
know that it was upon moral grounds that
the South, except Georgia, opposed the importation
of slaves. It is, nevertheless, a
fact that for some reason they did oppose
it." This historical fact not only exhibits
the duplicity, not to say hypocrisy, of the
Abolition world, who clamor so ferociously
against the South and African slavery, but
it also, to a great degree, exonerates the
predecessors of the present slave holding
population, from a connection with the alleged
criminality of the African slave trade
as practiced upon this continent for a century
and three quarters.
3. As further illustrating the argument
now in hand, it can be established that the
relation now borne to the slave by his owner,
is not affected by the manner in which the
African was originally brought to this coun
try. The criminality, that was attached to
those who introduced the slaves, does not
adhere to the present owners, and so the
fact that African slavery may have originated
in the perpetration of grievous wrong,
does not constitute the relation thereby
formed, necessarily sinful, nor demand without
regard to consequences, a destruction
of that relation. This will be made clear
by considering in the first place the difference
between a wrong and the effect of it.
In this depraved world, sin, and so injustice,
are blended with everything, and if the
circumstances and relations that are created
by any acting causes or agencies, are to derive
their moral character solely from the
manner and acrents in and bv which oriei
~ J - Dated,
then nothing, as product of maD, on
earth, is exempt from the charge of iminoiality
and injustice, and so the sinfulness and
criminality of the agent. Man not only attaches
to, but so vitiates all his acts and
iheir effects, that DOthing is to be tolerated
or preserved which had its origin in connection
with sin. The conclusion is absurd.
A man may, in an unlawful way, become
the father of natural offspring, but will that
fact justify the destruction of the children
in order to cause the parental relation, the :
product of sin in this case, to cease??
Neither does it iu the case of the relation ;
of master and slave. In the second place
if this be not the true principle, then every
land holder in America, except a few in
Pennsylvania, who inherited the purchase
of Wm. Penn, is committing sin because
the land was originally taken by violence
from the aborigines of the country. And
Great Britain holds her present land titles
under the rights of the Norman conquest
Now who does not know the lawless, un- 1
just, dishonest and barbarous character of
this conquest? So, too, the present titles (
of all Europe, Asia and North Africa, are
derived from a source not much less cruel
and unjust.
Thus there is an end to all right and honesty,
as to the possession of the civilized (
world, and by this false principle and abolition
doctrine, every man is bound to give
up any property, and cease his relations to
every object or person, whose existence or
orifin or antecedents, hundreds of years .
ago, may have been associated with sin or .
any manner of violence. This is verily a|f
sweeping doctrine, and if human society ,
was once subjected to it, there would not
a relation or an object of property remain
in the world. But we imagine, in the next (
place, that the advocates of this error are ,
not practicing it. Our bitterest censors, |
as slaveholders, are those who are now en- ,
joying wealth secured by their ancestors, j
who were the first and chief slave traders, ,
and who furnished slaves to the South for |
her money. If Southern slaveholding orig- (
inated in sin?others than the South com- ,
mitted the sin?and if we who hold the
slave participate in the guilt of the original ,
transgressors, what exempts their descen- j
dants and heirs to property procured by
slave dealing, and who even yet abet and (
support slavery by buying and using its
products ? The point is dismissed as ab- (
surd.
4. Again. We admit that fraud and vio- (
lonpfl were ton frpnuentlv resorted to. in the .
.?-- ?- ... J . I
original introduction of slaves into this
country, and we are utterly opposed to the
openiDgof the traffic for many reasons, but
we think that the recollection of several
facts in connection with the slave trade, as j
carried on in this country during the lascentury,
may relieve it of some of the abominations
now associated with it in most ,
minds. It was tolerated by great and wise (
and excellent men, in Church and State,
both in England and America. ,
It rescued thousaods of Africans, not
only from the degradation of heathenism, <
but from actual and even barbarous slavery
in their own country, and saved large num- y
bers of those taken captive in war, from
slaughter in cold blood, and introduced ^
them into a state where, of all other conditions,
the African is happiest, and where
innumerable blessings have been poured
upon him. Thus it was that the traffic 1
commended itself to the men of that day.
D. .Let trie origin, nowever, De wnat it 1
may, it is sufficient for us to know our atti- (
I tude is not criminal in reference to the re- <
suit of the slave trade, and as God by His
Providence, has intrusted to us the guar- '
dianshipof four millions of souls, descend- i
ing from more than three hundred thousand
sons of Africans imported among us, '
it is ours to stand in our lot. (
Conscious of no participation in the sins
of the agents who entailed upon us the dependants,
now allied to us in a relation au- 1
thorized by the word of God, we have only 1
to be faithful in caring for our slaves, "re- '
membering that we also have a Master in 1
Heaven." PHILEMON.
.? ?. 1
Abolition Activity.?We learn that
the active Republicans in New York city i
in their anxiety to prevent any movement i
on the part of Maryland prior to the fourth
of March, have offered to furnish from 1
thirty to fifty thousand dollars to secure <
their object. From the same source we
have also the information that the army i
! will be immediately increased by the new
i Administration to 100,000 or 150,000 men,
and also close the Southern ports. We
state these facts on what we believe'to be
unquestionable authority.
Baltimore Exchange.
CONSTITUTION
FOR
The Provisional Government
OF THE
CONFEDERATE STATES OF AMERICA.
We, the Deputies of the Sovereign and
Independent States of S Carolina, Georgia,
Florida, Alabama, Mississippi and Louisiana,
invoking the favor of Almighty God,
do hereby, in behalf of these States, ordain
aod establish this Constitution for the Provisional
Government of the same: to continue
one year from the inaguration of the
President, or until a permanent Constitution
or Confederation between the said
States shall be put in operation, whichsoever
shall first oocur.
ARTICLE I.
SECTION 1.
All legislative powers herein delegated
shall be vested in this Congress now assembled,
until otherwise ordained.
SECTION 2.
When vacancies happen in the represen- ,
tation from any State, the same shall be
filled in such manner as the proper authorities
of the State shall direct.
SECTION 3.
1. The Congress shall be the judjre of ,
the elections, returns and qualifications 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 uiay be authorized to compel
the attendance of the absent members; j
upon all questions before the Congress, each
State shall be entitled to one vote, aud shall
be represented by any one or more of its |
Deputies who may be present.
2. The Congress may determine the rules
of fts proceeding, punish its members for '
disorderly behavior, and, with the concur- |
rence of two-thirds, expel a member
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 secresy ; and the ^
yeas aud nays of the members on any ques
tion, shall, at the desire of one fifth of those .
present, or at the instance of any one State, .
be entered on the journal.
section 4.
The members of Congress shall receive a
. i
compensation for their service 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 privileged 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.
1. Every bill which shall have passed the
CoDgress shall, befjre it become a law, be .
presented to the President of the Confedericy;
if he approve, he shall sign it; but if
oot, he shall return it, with his objections, '
to the Congress, who shall enter the objections
at iargeon their journal, and proceed C
to reconsider it. If, after such reconsiderition,
two-thirds of the Congress shall agree ^
to pass the bill, it shail become a law. But
in all such cases, the vote shall be determined
by yeas and nays; and the names of 1
the persons voting for and against the bill |
shall be entered on the journal. If any .
Dill shall uot be returned by the President 1
within ten days (Sundays excepted) after 1
n snail nave Deeo presented to mm, tne
same shall be a law, in like manner as if !
he had signed it, unless the Congress, by J
their adjournment, prevent its return, in
which case it shall not be a law. The Presi- I
dent may veto any appropriation or appro- s
priatiuns, and approve any other appropria- 1
tion or appropriations, in the same bill.
2. Every order, resolution or vote, in- <
tended to have the force and effect of a law, 1
shall be presented to the President, and be- '
fore the same shall take effect, shall be ap- 1
proved by him, or shall be re-passed by two- 1
thirds of the Congress, according to the '
rules and limitations prescribed in the case <
jf a bill. 1
3. Until the inauguration of the Presi- I
dent, all bills, orders, resolutions and votes *
idopted by the Congress shall be of full 1
force without approval by him.
SECTION 0. i
1. The Congress shall have power to lay 1
md collect taxes, duties, imposts and ex- j
;ises, for the reveuue necessary to pay the c
debts and carry on the Government of the (
Confederacy; and all duties, imposts and t
mt/iI o k ?i 1 I k a ii f k ham mif f kn
;AUioco aiiaii uu uuiiuiuj tiiiuuguuut cut
states of the Confederacy. And this Con- t
*ress shall also exercise executive powers, t
intil the President is inaugurated :
2. To borrow money ou the credit of the t
Confederacy: ?
3. To regulate commerce with foreign t
cations, and among the several States,
ind with the Indian tribes : (
4. To establish a uniform rule of natural- 1
zation, and uniform laws on the subject t
)f bankruptcies throughout the Confederacy:
e
5. To coin money, regulate the value i
hereof, and of foreign coin, and fix the s
standard of weights and measures : 1
G. To provide for the punishment of c
counterfeiting the securities and current coin
jf the Confederacy:
7. To establish postoffices and post roads: ?
8. To promote the progress of science i
ind useful arts, by securiug, for limited 1
times, to authors and inventors, the ex- s
alusive right to their respective writings I
ind discoveries: (
9. To constitute tribunals inferior to the (
supreme court:
10. To define and punish piracies and t
felonies committed on the high seas, and of- '
fences against the law of nations : ?
11. To declare war, grant letters of t
marque and reprisal, and make rules con- ?
cerning captures on land and water: (
12. To raise and support armies ; but no 5
appropriation of money to that use shall be s
for a longer term than two years: c
13. To provide and maintain a navy : t
14. To make rales for the governmeni
and regulation of the l&Dd and naval forces :
15. To provide for calling forth the mili
tia to execute the laws of the Confederacy,
suppress insurrections, and repel invasion :
16. To provide for organizing, arming,
and disciplining the militia, and for governing
such part of ;hem 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: and
17. To make all laws which shall be necessary
and proper for carrying into execution
the foregoing powers and all other
powers expressly delegated by this Constitution
ro the Provisional Government.
SECTION 7.
1. The importation of African negroa
from any foreign country other than the
slaveholding States, is hereby forbidden;
and Congress is required to pass such laws
as shall effectually prevent the same.
2. That Congress shall also have power
to prohibit the introduction of slaves from
any State not a member of this Confederacy.
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.
4. No Bill of Attainder, or ex post facto
law, shall be passed.
5. No preference shall be given, by auy
regulation of commerce or revenue, to the
ports of one State over those of?#mother :
nor shall vessels bound to or from one State
be obliged to eater, clear, or pay duties in
another.
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 exrvnnrl
i f n roo nf q 11 rmhli/t mnnniT uV?q]) h* nnK_
lished from time to time.
7. Congress shall appropriate no money
from the treasury, unless it be asked for
by the President or some one of tbe heads
of Departments exoept for the purpose of
paying its own expenses and contingencies
8. No title of nobility shall be granted
by the Confederacy , and no persons 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.
9. 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 to petition the government for
i redress of such grievances as the delegated
powers of this Government may warrant
it to consider and redress.
10. A well regulated militia being neces
sary to the security of a free State, the
riirht cf the people to keep and bear arms
shall not be infringed.
11. No soldier shall, in time of peace,
oe quartered in any house without the
jonsent of the owner ; nor in time of war,
out in a manner to be prescribed by law.
12. The right of the people to be secure
n their persons, houses, papers, and effects,
igainst unreasonable searches and seizures,
shall not be violated; and no warrants shall
ssue but upon probable cause, supported by
oath or affirmation, and particularly describing
the place to bo searched, and the
oersons or things to be seized.
13. No person shall be held to answer
'or a capital or otherwise infamous crime,
mless on a presentment of indictment of a
?rand jury, except in cases arising in the
and or naval forces, or in the militia, when
n actual service in time of war or public
langer ; nor shall any person be subject for
he same offience to be twice put in jeopar]y
of life or limb ; nor shall be compelled,
any criminal case, to be a witness against
liraself; nor deprived of life, liberty, or
iroperty, without due process of law; nor
iball private property be taken for public
lse, without just compensation.
14. In all criminal prosecutions, the ao
;used shall enjoy the right to a speedy and
jublic trial, by an impartial jury of the
State and district wherein the crime shall
lave been committed, which district shall
lave been previously ascertained by law,
ind to be informed of the nature and cause
if the accusation ; to be confronted with the
witnesses against him; to have compulsory
irocess for obtaining witnesses in his favor;
md to have the assistance of counsel for
lis defence.
15. In suks at common law, where the
?aluein controversy shall exceed twenty dolars,
the right of trial by jury shall be preierved
; and no fact tried by a jury shall be
itherwise re examined in any court of the
Confederacy, than according to the rules of
he common law.
16. Excessive bail shall not be required,
lor excessive fines imposed, nor cruel and
inusual punishments inflicted.
17. The enumeration, in the Oonstituion,
of certain rights, shall not be constru;d
to deny or disparage others retained by
he people.
18. The powers not delegated to the
Confederacy by the Constitution, nor prolibited
by it to the States, are reserved to
he States respectively, or to the people.
19. The judicial power of the Confederacy
ihall not be construed to extend to any suit
n law or equity, commenced or prosecuted
igainst one of the States of the Confederacy,
jy citizens of another State, or by citizens
>r subjects of any foreign State.
SECTION 8.
1. No State shall enter into any treaty,
illiance, or confederation; grant letters of
narque and reprisal; coin money ; emit
litis of credit; make any thing but gold and
lilver coin a tender in payment of debts;
iass any bill of attainder, ex post facto law,
>r law impairing the obligation of contracts ;
>r grant any title of nobility.
2. No State shall, without the consent of
he CoDgress, lay any imposts or duties on
mports or exports, except what may be ablolutely
necessary for executing its inspecion
laws; and the nett produce of all duties
ind imposts, laid by any State on imports
)r exports, nb-.ll be for the use of the trea;ury
of the Confederacy, and all such laws
ihall be subject to the revision and control
)f the Cougress. No State shall, without
he consent of Congress, lay any duty of
t tonnage, enter into any agreement or com
: pact with another State, or with a foreign
. power, or engage in war, unless actually in,
vaded, or in such imminent danger as will
: not admit of delay.
ARTICLE II.
SECTION 1.
1. The Executive power shall be vested
in a President of the Confederate States of
America. He, together with the VicePresident,
shall hold his office one year, or
until the Provisional Government shall be
superseded by a Permanent Government,
whichsoever shall first occur.
2. The President and Vice-President
ehall be eleoted by ballot by the States
represented in this Congress, each State
casting one vote, and a majority of the
whole being requisite to elect,
i 3. No person except a natural born citi!
zen, or a citizen of one of the States of this
; Confederacy at the time of the adoption of
t this Constitution, shall be eligible to the
office of President; neither shall any person
be eligible to that office who shall not
i have attained the age of thirty-five years
and been fourteen years a resident of one of
the States of this Confederacy,
i 4. In case of the removal of the Presi
dent from office, or hie death, resignation,
: or inability to discharge the powers and duties
of the said office (which inability shall
i be determined by a vote of two thirds of
the Congress), the same shall devolve on
the Vice President j 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 act as President; and
such officer shall act accordingly, until the
disability be removed or a President shall
be elected.
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-6ve thousand
dollars per annum ; and he shall not receive
during that period any other emolument
from this Confederacy, or any of the States
' thereof.
6. Before he enter on the execution of
his office, he shall take the following oath
or affirmation:
"I do solemly 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.
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.
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 aud with the advice and consent of the
Congress shall appoint ambassadors, other
public ministers and consuls, judges of the
court, 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.
3. 'J he President shall have power to fill
up all vacancies that may happen during the
recess of the Congress, by granting commissions
which shall expire at the end of their
n?xt session.
SECTION 3.
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 time as he shall think proper;
he shall receive ambassadors and other pub
lie ministers; he shall take care that the
laws be faithfully executed ; and shall commission
all the officers of the Confederacy.
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 twothirds
shall be necessary for such conviction.
ARTICLE III.
SECTION 1.
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.^
2. Each State shall constitute a District
in which there shall be a court called a District
Court, which, until otherwise provided
by the Congress, shall have the jurisliction
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 arid 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 other regulations
as may be provided by the Congress
The commissions of all the judges shall expire
with this Provisional Government.
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 plaoes as the Congress shall
appoint.
4. The Congress shall have power tol
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 courts of the United States; and
also all laws which uiay be requisite to protect
the parties to all such suits, orders,
judgments, or decrees, their heirs, personal
representatives, or assignees.
SECTION 2.
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 Embassadors, other
publio ministers and consuls; to all cases
of admiralty and maritime jurisdiction; to
controversies between two or more States;
between oitizensof different States; between
citizens of the same State claiming lands
under grants of different States.
o
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 origioal jurisdiction.
Iu 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.
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.
8EOTION 3.
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 ou
confession in open court.
2. The Congress shall have power to
declare the punishment of treason ; but no
attainder of treason shall work corruption of
blood, or forfeiture, exceDt during the life
of the person attainted
ARTICLE IV.
SECTION 1.
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.
1. The citizens of each State shall be
entitled to all privileges and immunities of
citizens in the several States.
2. A person charged in any State with
treason, felony, or other crime, who shall
flee from justice, aud 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.
3. A slave in one State, escaping to au
other, shall be delivered up on claim ot
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 abduotion 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 abduotion
or rescue shall take place.
section 3.
1. The Confederacy shall guaranty 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,)
agaiust domestic violence.
ARTICLE V.
1. The Congress, by a vote of two-thirds,
may at any time, alter or amend this Constitution.
A KTiULU VI.
1. This Constitution, and the laws of the
Confederacy which shall be made iD pursuance
thereof, and all treaties made, under
the authority of the Confederacy, shall be
the supreme law of the land; and the
judges iD every State be bound thereby, anything
in the Constitution or laws of any
State to the contrary notwithstanding.
2. The Government hereby instituted
shall take immediate steps for the settlement
of all matters between the States forming
it, aod their other late confederates of
the United States in relation to the 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 liability,
and common obligations of that
union upon the principles of right, justice,
equity and good faith.
3. Until otherwise provided by the Congress,
the city of Montgomery, in the State
of Alabama, shall be the seat of Govern
meat.
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 publio trust under
this Confederacy.
5. The Congress shall have power to admit
other States.
The Standing Committees.
The President of the Southern Congress
has annouuced the following Standing Committees
:
Committee on the Organization of the
Executive Department of the Government
?Messrs. Stephens, of Georgia; Conrad,
of Louisiana; Boyce, of South Carolina ;
Shorter, of Alabama; Brook, of Mississippi.
On Foreign Affairs?Messrs. Rbett, of
South Carolina; Nisbit, of Georgia; Perkins,
of Lousiana; Walker, of Alabama;
and Keitt, of South Carolina.
0" Finance?Messrs. Toombs, of Georrrij:
J<: rnropll. nf Smith Carolina: Kpnner.
b? -- j -- ... .
of LyViiana; Barry, of Mississippi, aDd
McRae, of Alabama.
On Commercial Affairs.?Messrs. Memmioger,
of South Carolina ; Crawford, of
Georgia; Morton, of Florida; Curry, of
Alabama, and Declouet, of Louisiana.
On the Judiciary?Messrs. Clayton, of
Mississippi; Withers, of South Carolina;
Hale, of Alabama; T.-R. R Cobb, of Ga.,
r.nd Harris, of Mississippi.
On Naval Affairs?Messrs. Conrad, of
Louisiana; Chesnut, of South Carolina;
Smith, of Alabama; Wright, of Georgia,
and Owon, of Florida.
On Military Affairs?Messrs. Bartow, of
Georgia; Miles, of South Carolina; Spar
row, of Louisiana; Kenan, of Georgia, and
Anderson, of Florida.
On Postal Affairs?Messrs. Chilton, of
Alabama; Hill, of Georgia; Boyce, of S.
Carolina; Harrison, of Mississippi, and
Carry, of Alabama.
On Patents?Messrs. Brook, of Mississippi;
Wilson, of Mississippi; Lewis, of Alabama;
Hill, of Georgia, and Kenner, of
Louisiana.
On Territories?Messrs. Chesnut, of S.
Carolina ; Campbell, of Mississippi; Marshall,
of Louisiana; Nisbit, of Georgia;
Fearn, of Alabama.
On Pablic Lands?Messrs. Marshall, of
Louisiana; Harris, of Mississippi; Fearn,
of Alabama; Anderson, of Florida, and
Wright, of Georgia.
On Indian Affairs?Messrs. Morton, of
Florida; Hale, of Alabama; Lewis, of AlaUorrto
IT r\? P.avnlinQ on J SnnT.
Uttiua j uivtiij ui uuuvu vuivnuiij ?"?
row, of Louisiana.
On Printing?Messrs. T. R. R. Cobb, of
Georgia; Harrison, of Mississippi; Miles,
of South Carolina; Chilton, of Alabama;
Perkins, of Louisiana.
On Accounts?Messrs. Owen, of Florida;
Crawford, of Georgia; Campbell, of Mississippi;
Smith, of Alabama; and Declouet,
of Louisiana.
Oo Engrossments?Messrs. Shorter, of
Alabama; Wilson, of Mississippi; Kenan,
of Georgia ; McRae, of Alabama, and Bartow,
of Georgia.
jprJyte.
THE PLIGHT OP TIME.
The more we live, more brief appear
Our life's succeeding stages?
A day to childhood seems a year,
And years like passing ages.
The gladsome current of our youth,
Ere passion yet disorders,
Steals, lingering like a river smooth,
Along Its grassy borders.
Um ax the care-worn checks grow wom,
And sorrow's shafts fly thicker,
Ye stars, that measure life to man,
Why seem your courses quicker?
When joys have lost their bloom and breath,
And life, itself, is vapid,
Why, as we reach the falls of death,
Feel we its tide more rapid ?
It may be strange?yet who would change
Time's course to slower speeding;
When one by one, our friends have gone,
And left our bosom bleeding?
Heaven gives our years of fading strength,
Indemnifying fleetness;
And those of youth, a seeming length,
Proportioned to their sweetness.
The Necessity of a Bread Crop.
In various portions of the South, the last
crop of corn and other breadstuff was short
last year. Even Tennessee and Kentucky
failed to contribute their usual quota of
corn. The consequence has been, that a
very large amount of corn?not, however,
half as great as was expected?has been
purohased from the West. If we have protracted
hostilities from the date of Lincoln's
administration, for even a few months, the
country will be drained of its breadstutts:
and prices will vastly increase, not only
here, but in our vast Western markets. It
is true that the West has an immense
surplus, but difficulties will be put in the
way of our obtaiuing any portion of it.
Our safety is in absolute independenoe,
at least in the necessaries of life. If our
ports are blockaded all next year, as they
may be, cotton will not be remunerative;
on the other hand, large bodies of troops
will readily consume all that can be spared
of corn, wheat and the like.
But suppose there should be a surplus of
corn in our country?can any man see evil
in that ? Is there not stock to be reared
to render us independent of all the West?
Not a dollar should have gone out of Alabama
in thfi last fifteen vears. for cither
corn, hogs or mules. We have more than
ample capacity to produco all these for
home use, and even for exportation. Now,
however, if we should be short of the chief
of these?corn?with a large over-crop of
cotton, what would be the effect upon us?
Cannot any, however simple, see that it
must be disastrous in the highest degree?
Our planters and farmers have been warned
many a time and oft. We warn them
again, that a big cotton crop and a short
corn crop next year will be their destruction.
The converse is as necessarily the
synonym of prosperity. Whoso buys corn
in the fall of 1861, or the spring of 1862,
will repent, if he be a planter, that be did
not take our advice.?Montgomery Mail.
The Texas Ordinance of Secession.
The Texas Convention, on the 1st inst.,
passed the Ordinance of Seoes3ion, by a
vote of 166 yeas to 7 nays, as announced
previously. A dispatch from Austin to the
Galveston News says:
The vote was taken in the presence of
the Governor, Lieutenant-Governor, both
branches of the Legislature, the Judges of
the Supreme Court and District Court, and
the Hon. Mr. McQueen, Commissioner from
South Carolina, all of whom had taken seats
in the Convention by invitation.
The Galveston Civilian publishes the
Ordinance as follows:
An Ordinance to dissolve the Union between
the State of Texas and the other States,
united under the compact styled 11 The
Constitution of the United States of A'
merica."
Sec. 1. Whereas, the Federal Government
has failed to accomblish the purposes
of the compact of union between tbese
States in giving protection either to the persons
of our people upon an exposed frontier,
or to the property of our citizens; and,
whereas, the action of the Northern States
is violative of the compact between the
States ind the guarantees of the Coostitu- I
tion; and, whereas, the recent developments (
in Federal affairs make it evident that the
power of the Federal Government is sought i
to be made a weapon with wbioh to strike i
down the interests and property of the peo- ^
pie of Texas and ber sister slaveholdiog !
States, instead of permitting it to be as was
intended?our shield against outrage and
aggression?therefore, "We, the people of
the State of Texas, by delegates in the Con- .
vention assembled, do declare and ordain i
that the Ordinance adopted by our Conven- ]
tion of delegates on the (4th) day of July, i
A. D. 1845, and afterwards ratified by us, I
under which the Kepablio of Texas was ad- '
mitted into the Union with other States, i
and became a party to the compact styled I
'The Constitution of the United States of
America,' be snd the same is hereby repealed
and annulled."
That all the powers) which, by the said
compact, were delegated by Texas to the
Federal Government, are revoked and resumed.
That Texas is of right absolved
from all restraints and obligations incurred
by said oompaot,and is a separate sovereign
State, and that her oitizens and people are
absolved from all allegiance to the United
States or the Government thereof.
Szc. 2. This Ordinance shall be submitted
to the people of Texas, for their ratification
or rejection, by the qualified voters,
on the 23d day of February, 1861 ;atrti unless
rejected by a majority of the votes cast,
shall take effect and be in force on and after
the 2d day of March, 1861. Provided,
That in the representative District of El
T^oan aoirl olarttirtn mow Kn haln nn Tin IftkH
day of February, 1861.
Done by the people of the State of Texaa,
in Convention assembled, at Austin, this
1st day of February 1861.
The dispatch from Austin to the Civilian
says:
A splendid banner was immediately presented
by the ladies of Austin, through
Gen. Flonrnoy, and received on the part of
the Convention by Col. John A. Wharton,
Gen. Flonrnoy delivered a short, spirited
address, and Col. J. A. Wharton replied in
an eloquent speech.
The old hero of San Jacinto sat on the
right of the President of the Convention,
and by his presence sanctioned the solemn
act of the Convention.
Judge Wheeler, of the Supreme Court,
and General McQueen, the Commissioner
from South Carolina, ocoupied the left of
the President.
The Galveston News, in publishing the
important intelligence, remarks:
We should have preferred that the Ordinance
could have been passed, so that Texas,
as a separate, independent State, could
be represented in the Southern Congress at
Montgomery; bat the reference back to the
people will silence all cavils by the oppositionists,
submissionists or co-opp ;rationisto.
The School Ship.
We eheerfully give place to the following
communication io reference to a note which
we published in our issue of yesterday, from
the New York Herald:?Mercury
To the Editor of the Charleston Mercuxy :
Having noticed the copy of a card published
in the New York Herald of the 4th
inst., entitled "Charleston and its Fortifications,"
I feel itiocumbenton me to state,
that the assertions therein contained are untrue
; at least the portion relating to the
School Ship Lodehar, and the discharge of
Capt. "J. C."
The truth is, Capt. Aimar is now, and
always has been, the teacher of navigation.
The Board knows no other. ?The Charleston
Marine School" (on board the Lodebar),
is purely a benevolent enterprise,gotten
up by our merchants and other benevolent
gentlemen. It is not a State institution
j her officers are not commissioned, but
simDlv balloted for. vearlv, bv the Board of
* * ' * ? ' *
Trustees, and the institution is nnder the
auspices of the Charleston Port Society.
The State and City contribute liberally
to its support; also, a number of private
individuals. Who Capt. "J. C." is, no
0D6 here can say?some ''bogus captain ?
an iuiposter who wants employment frop ?
a sympathizer, no doubt. His statement*
are so void of truth, as regards his connection
and discharge from the Lodebar, that '
he should not be credited in reference to the ?.
fortifications in this harbor, and the practicability
of reinforcing Fort Sumter. By
inserting the above you will oblige, very
respectfully, w
Your obedient servant,
Thomas S. Budd, Chairman.
Charleston, February 11, 1861.
!? ?
The Charleston Batteries.
Capt. F. F. Warley, who is at present on
Sullivan's Island in command of the "Darlington
Guards," writes to the Soirtherner
as follows :? .' -.
"Very rapid progress is being made on L
different batteries now in course of erection.
Those Dear Cumroing's point will, if I am
correctly informed, do the greatest injury
and most probably succeed in breaching the
walls of Fort Snmter. The guns mounted
there are Columbiads?sixty-two pounders
?and mortars, for throwing bombs. The
nearest battery is about twelve hundred and
sixty yards from Sumter; it is a very strongly
built fortifioatioD, the side towards the
fort presenting an inclined plane, wbioh is
covered with railroad iron. This it is
thought will glance all balls fired against it.
Another advantage, whioh we possess* at
this point, is that to the South there are no
port boles in Fort Sumter. Anderson must
consequently, rely upon his guns in barbette,
his parapet guns; but these can be
swept with grape and canister even, from
Cummings point, where our guns are in
embrazure. Besides the fire which he must
sustaio from guns of heavy calibre at a near
range, be will also enjoy a shower of the
heaviest shells from various points. But, it
is said, Fort Sumter is bomb proof. Those
who know best do not believe this?one
thing is cerrtain, it will not be, one hour
after we open fire on it. Very full supplies
of ammunition are now being received?
better late than never."
A Rouseb.?An immense mortar weighing
15,000 pounds, arrived here yesterday,
from the Tredegar Works, at Biohmond,
intended for South Carolina. The calibre
is adapted to 10-inch mortar shells, sixty
of which accompanied it, several hundred
having already preceded it. It remained
it the Richmond depot daring the day,
find will this morning pass through the
jity, on a heavy granite wagon, to the
Southern depot
Petersburg Express, \2th.
Pensacola Po8tofeice.?The Mobile
Advertiser says, that notwithstanding the
recent order from the Department, the
Postmaster at Pensacola will continue to
receive, foiward, and distribute such letters
and papers as may come to his office.
The old mail contractors between Mobile
and Pensacola will also continue to perform
their service as heretofore.