The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, March 21, 1861, Image 1
%u fn^ntat Jaxtrnitl?gt&offb k |altfo, fifcnttiirt, 1?, Itornls, gigritnliur^ Science mxb %ti.
m HOYT & HUMPHREYS.
VOLUME 1.?NUMBER 31.
THE ANDERSON INTELLIGENCER,
^IS ISSUED EVERY THURSDAY, AT
ONE DOLLAR A YEAR. IN ADVANCE.
If delayed six months, S1.50 ; and $2.00
at the end of (he year.
HOYT & HUMPHREYS,
EDITORS AND PROPRIETORS.
Advertisements inserted at moderate rates; liberal
deductions mado to those who will advertise by the
year.
CONSTITUTION
of the
Confederate Staues of America.
TTe, 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 tranquil
ity, and secure the blessings of liberty to
ourselves and our posterity?invokingthe
favor and guidance of Almighty God?do
ordain and establish this Constitution for
the Confederate Stat es of America.
ARTICLE I.
Section 1.?All legislative powers here?
in delegated shall be vested in a Congress
of the Confederate States, which shall
consist of a Senate and House of Repre?
sentatives.
Section 2.?The House of Representa?
tives shall bo composed of members cho?
sen every second year by the people of the
sovcral States; and the electors in each
State shall be citizens of the Confederate
States, and have the qualifications requi?
site for electors of the most numerous
branch%of the Stats Legislature; but no
person of foreign birth, not a citizen of
the Confederate Slates, shall be allowed
to vote for any ofiicer. civil or political.
State or Federal.
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, bo an inhabitant of that
State in which he shall bo chosen.
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 fihall be determined by
adding to the whole number of free per?
sons, including those bound to service for
a term of years, and excluding Indians
not taxed, three-.ifths of all slaves. The
actual enumeration shall be made within
three years after the first meeting of the
Confederate Statespand within every sub?
sequent terms of ten years, in such man?
ner as they shall, by law, direct. The
number of Reprisentatives shall not ex?
ceed one for e\ery fifty thousand, but
each State shall have at least one Repre?
sentative; and until such enumeration
shall bo made tl.e 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 Louisi?
ana sb:, and the State of Texas six.
4. When vacincics happen in the rep?
resentation from any State, the Executive
authority thereof shall issuo writs of elec?
tion to fill such vacancies.
5. The House of Representatives shall
choose their Sneaker and other officers,
and shall have the sole power of impeach?
ment, except ;hat 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.?The Senato of the Confed?
erate States shall be composed of two Sen?
ators 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.
2. Immedi itely after they shall be as?
sembled, in consequence of the first elec?
tion, they shall be divided as equally as
may be into three classes. The seats of
the Senators of the first class shall be va?
cated at the expiration of the second
year; of th<i second class at the expira?
tion of the fourth year; and of the third
class at the expiration of the sixth year;
and if vacancies happen by resignation or
otherwise, during the recess of the Legis?
lature of any State, the Executive there?
of may make temporary appointments
until the ne xt meeting of the Legislature,
which shall then fill such vacancies.
3. No person shall be a Senator who
shall not have attained the age of thirty
years, and be a citizen of the Confederate
States; ard who shall not, when elected,
be an inhabitant of the State for which
he shall bo chosen.
4. The Yice-President of the Confeder?
ate States shall be President of the Senate,
but shall have no vote, unless they be
equally divided.
5. The Senate shall choose their other
Officers; and also a President pro tempore
in the absence of the Vice-President, or
-when he shall exercise the office of Presi?
dent of the Confederate States.
6. The Senate shall have the sole power
to try all impeachments. "When sitting
for that purpose, they shall be on oath or
affirmation. "When the President of the
Confederate States is tried, the Chief Jus?
tice shall preside; and no person shall bo
convicted without the concurrence of two
thirds of the members present,
j 7. Judgment in case of impeachment
shall not extend further than to removal
from office, and disqualification to hold
and enjoy any office of honor, trust or
profit, under the Confederate States; but
the party convicted shall, nevertheless, be
liable and subject to indictment, trial,
judgment and punishment according to
law.
Section 4.?1. The times, places and
manner of holding election for Senators
and Representatives, shall be prescribed
in each State by the Legislature thereof,
subject to the provisions of this Constitu?
tion; but the Congress may, at an}- time,
by law, make or alter such regulations,
except as to the times and places of
choosing Senators.
2. The Congress shall assemble at least
once in ever}* year; and such meeting
shall be on the first Monday in December,
unless they shall, by law. appoint a differ?
ent da}T.
Section 5.?1. Each House shall be t ue
judge of the elections, returns and quali?
fications of its own members, and a ma?
jority of each 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 in such manner and un?
der such penalties as each House may
provide.
2. Each House may determine the rules
of its proceedings, punish its members for
disorderly behavior, and, with the concur?
rence of two-thirds of the whole number,
expel a member.
3. Each House 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 and nays of the members of
cither House, on any question, shall, at
the desire of one-fifth of those present, be
entered on the journal.
4. Neither House, during the session of
Congress, shall, without the consent of
the other, adjourn for more than three
days, rtor to any other place than that in
which the two Houses shall be sitting.
Section G.?1. The Senators and J rep?
resentatives shall receive a compensation
for their services, to bo ascertained b}'
law. and paid out of the treasury of the i
Confederate States. They shall, in all j
cases, except treason, felony and breach
of the peace, bo privileged from arrest
during their attendance at the session of*j
their respective Houses, and ingoing to
and returning from the same; and for
any speech or debate in either House,
they shall not be questioned in any oth?
er place.
2. No Senator or Representative shall,
during the time for which he was elected,
bo appointed to any civil office under the
authority of the Confederate States, which
shall have been created, or the emolu?
ments whereof shall have been increased
during such time; and no person holding
any office under the Confederate States
jshall be a member of cither House during
his continuance in office. But Congress
may, by law, grant to the principal officer
in each of the Executive Departments a
scat upon the floor of cither House, with
the privilege of discussing any measures
appertaining to his departments.
Section 7.?All bills for raising revenue
shall originate in the House of Represen?
tatives; but the Senate may propose or
concur with amendments as on other bills.
2. Every bill which shall have passed
both Houses, shall, before it becomes a
law, be-presented to the President of the
Confederate States; if he approve, he shall
sign it; but if not, he shall return it with
his objections to that House in which it
shall have originated, who shall enter the
objections at large on their journal, and
proceed to reconsider it. If, after such
reconsideration, two-thirds of that House
shall agree to pass the bill, it shall be sent,
together with the objections, to the other
House, by which it shall likewise be re?
considered, and if approved by two-thirds
of the House, it shall become a law. But
in all such cases, the votes of both Houses
shall be determined by yeas a*nd nays,
and the names of the persons voting for
and against the bill shall be entered on
the journal of each Houso respectively.
If any bill shall not be returned by the
President within ten days (Sundays ex?
cepted) 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 approve any
appropriation and disapprove any other
appropriation in the same bill. In such
ease he shall, in signing the bill, designate
the appropriations disapproved ; and shall
return a copy of such appropriations with
his objections, to the House in which tho
bill shall have originated; and the same
proceedings shall then be had as in case
! of other bills disapproved by the Presi?
dent.
3. Every order, resolution or vote, to
which the concurrence of both Houses
may be necessary (except on a question
j of adjournment) shall be presented to the
! President of the Confederate States; and
before the same shall take effect, shall be
approved by him; or being disapproved
by him, may be repassed by two-thirds of
both Houses according to the rules and
limitations prescribed in case of a bill.
Section 8.?The Congress shall have
power?1. To lay and collect taxes, du?
ties, imposts, and excises, for revenue ne?
cessary to pay the debts, provide for the
J common defence, and carry on the Gov?
ernment of the Confederate Slates; nor {
shall any duties or taxes on importations
from foreign nations he laid to promote
or foster any branch of industry; and all
duties, imposts, and excises shall be uni?
form throughout the Confederate States :
2. To borrow money on the credit of
the Confederate States:
3. To regulate commerce with foreign
nations, and among the several States,
and with the Indian tribes; but neither
this, nor any other clause contained in |
the Constitution, shall ever be construed j
to delegate the power to Congress to ap- ?
propriatc money lor any internal improve?
ment intended to facilitate commerce, ex-!
cept for the purpose of furnishing lights,
beacons and buoys and other aids to navi?
gation upon the coasts, and the improve?
ment of harbors and the removing of ob?
structions in river navigation, in all which
c ases .such duties shall be laid on the navi?
gation facilitated thereby, as to pay the
costs and expenses thereof:
4. To establish uniform laws of natural?
ization, and uniform laws on the subject
of bankruptcies, throughout the Confede?
rate States, but no law of Congress shall
discharge any debt contracted before the
passage of the same.
5. To coin money, regulate the value
thereof and of foreign coin, and fix the
standard of weights and measures.
0: To provide for the punishment of
counterfeiting the securities and current
coin of the Confederate Stales:
7. To establish post offices and post
routes; but the expenses of the Post Of?
fice Department, after the first day of
March, in the year of our Lord eighteen
hundred and sixty-three,shall be paid out
of its own revenues:
8. To promote the progress of science
and useful arts, by securing for limited
times to authors and inventors, the ex?
clusive rights to their respective writings
and discoveries:
8. To constitute tribunals inferior to
the Supreme Court:
10. To define and punish piracies and
felonies committed on the high seas, and
offences against the law of nations:
j 11. To declare war, grant letters of
J marque and reprisal, and make rules con
i corning captures on land and water:
12. To raise and support armies; but
no appropriation of money to that use
shall be for a longer term than two years:
13. To provide and maintain a navy:
14. To make rules for government and
regulation of the land and naval forces :
15. To provide for calling for the mili?
tia to cxetute the laws of the Confederate
States, suppress insurrections, and repel
invasions:
1G. To provide for organizing, arming
and disciplining the militia, and for gov?
erning such part of them as may be em?
ployed in the service of the Confederate
States; reserving to the States, respec?
tively, the appointment of the officers,
and the authority of training the militia
according to the discipline prescribed by
Congress:
17. To exercise exclusive legislation in
all cases whatsoever, over such district
(not exceeding ten miles square) as may,
by cession of one or more States and the
acceptance of Congress, become the scat
of the Government of the Confederate
States; and to exercise like authority
over all places purchased by the consent
of tho Legislature of the State in which
the same shall be, for the erection of
forts, magazines, arsenals, dock-yards and
other needful buildings : and
18. To make all laws which shall be
neccsary and proper for carrying into ex?
ecution the foregoing powers, and all oth?
er powers, and all other powers vested
cd by this Constitution in the govern?
ment of the Confedatc States, or in any
department or officer thereof.
Section 9.?1. Tho importation of ne?
groes of the African race, from any for?
eign country, other than tho slaveholding
I States or Territories of the United States
of America, is hereby forbidden; and.
Congress is required to pass such laws as
shall effectually prevent the same.
2. Congrets shall also have power to
prohibit the introduction of slaves from
any State not a member of, or Territory
not belonging to this Confederacy.
3. The privilege of the writ of habeas
corpus shall not be suspended.unless when
in cases of rebellion or invasion the pub?
lic safety may require it.
4. No bil? of attainder, or ex post facto
law, or law denying or impairing the
right of property in negro slaves, shall be
passed.
5. No capitation or other direct tax
shall be laid, unless in proportion to the
census or enumeration hereinbefore di?
rected to be taken.
0. No tax or duty shall be laid on arti?
cles exported from any State, except by
a vote of two-thirds of both Houses.
7. No preference shall be given by any
regulation of commerce or revenue to the
ports of one State over those of another.
8. No money shall be drawn from the
treasury, but in consequence of appropri?
ations made by law; and a regular state?
ment and account of the receipts and ex?
penditures of all public money shall be
published from time to time.
9. Congress shall appropriate no money
from the treasury except by a vote Oi
two-thirds of both Houses, taken by yeas
and nays, unless it be asked and estima?
ted for by some one of the heads of De?
partment, and submitted to Congress by
the President; or for the purpose of pay?
ing its own expenses and contingencies;
or for the payment of claims against the
Confederate States, the justice of which
has been judicially declared by a tribunal
for the investigation of claims against the
Government, which it is hereby made the
duty of Congress to establish.
10. All bills appropriating money shall
specify in Federal currency the exact
amount of each appropriation and the
purpose.- for which it is made; and Con?
gress shall grant no extra compensation
to any public contractor, officer, agent or
servant, after said contract shall have
been made or such service rendered.
11- No title of nobility shall be granted
by the Confederate States; and no person
holding an}- office of profit or trust under
them shall, without the consent of Con?
gress, accept of any present, emolument,
office or title of any kind whatever, from
any king, prince or foreign State.
12. Congress shall make no law re?
specting 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 peacea?
bly to assemble aud petition the Govern
crnracnt for a redress of grievances.
13. A well regulated militia being nc
ccssary to the security of a free State, the
right of the people to keep and bear arms
shall not lie infringed.
14. 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.
l?. The right of the people to be se?
cure in their persons, houses, papers, ef?
fects against unreasonable searches and
seizures, shall not be violated; and no
warrants shall issue but upon probable
cause, supported by oath or effirmation,
and particularly describing the place to be
searched, and* the persons or things to be
seized.
1G. No person shall be held to answer
for a capital or otherwise infamous crime,
unless on a presentment or indictment of
a gr ind 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 be
compelled, in any criminal case, to be a
witness against himself; nor be deprived
of life, or property, without due process
of 'law; nor shall private property be ta?
ken for public use, without just compensa?
tion.
17. In all criminal prosecutions the ac?
cused 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 witness
in his favor; and to have the assistance
of counsel for his defence.
18. 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 so tried by a jury
shall bo otherwise re-examined in any
court of the Confederacy, than according
to the rules of the common law.
19. Excessive bail shall not be required.
nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
20. Every law or resolution having the
force of law shall relate to but one sub?
ject, and that shall be expressed in the
title.
Section 10.?1. Ko State shall enter
into any treaty, alliance or confederation;
grant letters of marque and reprisal; coin
money, make anything but gold and sil?
ver coin a tender in payment of debts;
pass any bill of attainder, or expost 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 du?
ties on imports or exports, except what
may be absolutely necessary for execu?
ting its inspection laws; and the net pro.
duce of all duties and imposts, laid by
any State on imports or exports, shall be
for the use of the Treasury of the confed?
erate States; and all such laws shall be
subject to the revision and control of Con?
gress.
8. No State shall, without the consent
of Congress, lay any duty of tonnage, ex?
cept on sea-going vessels, for the improve?
ment of its rivers and harbors navigated
by the said vessels; but such duties shall
not conflict with any treaties of the Con?
federate States with foreign nations; and
any surplus of revenue thus derived shall,
after making such improvement, bo paid
into the common treasury; nor shall any
State 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 cngago in war, unless
actually invaded, or in such imminent
danger as will not admit of delay. But
when any river divides or flows through
two or more States, they may enter into
compacts with each other to improve the
navigation thereof.
ARTICLE IL
Section 1.?1. The executive power shall
be vested in a President of the Confeder?
ate States of America. Ho and the Vice
Prcsident shall hold their offices for tho
term of six years: but the President and
Vice-President shall be elected as follows:
2. Each State shall appoint, in such
manner as the Legislature thereof may
direct, a number of electors equal to the
whole number of Senators and*Represcn
tatives to which the State maybe entitled
in the Congress; but no Senator or Rep?
resentative, or person holding an office of
trust or profit under the Confederate
States, shall be appointed an elector.
3. The electorsshaiLmeet in their re?
spective States and vote by ballot for
President and Vice-President, one of
whom, at least, shall not be an inhabitant
of the same State with themselves; they
shall name in their ballots the person vo?
ted for as President, and in distinct bal?
lots the person voted for as Vice-Presi?
dent, and tohey shall make distinct lists of
all persons voted-for as President, and
of the number of votes for each, which
list they shall sign and certify, and trans?
mit, sealed, to the Government of the
Confederate States, directed to the Presi?
dent of the Senate; the President of the
Senate shall, in thoprescneo of the Senate
and Hou jc of Representatives, open all
the certificates,.nnd the votes shall then be
counted; the person having the greatest
number of votes for President shall be
tho Prcsi lent, if such number be a majori?
ty of the whole number of electors ap?
pointed; and if no person have such a
majority, then, from the persons having
the highest numbers, not exceeding three,
on the li:st of those voted for as Presi?
dent, the House of Representatives shall
choose immediately by ballot tho Presi?
dent. But in choosing the President, the
votes shall bo taken by States, the repre?
sentatives from each State having one
vote; a quorum for this purpose shall
consist of a member or members from
two-thirds of the States, and a majority
of all the States be necessary to a choice.
And if the House of Representatives shall
not choose a President, whenever the
right of choice shall devolve upon them,
before the fourth day of March next fol?
lowing, then the Vice-President shall act
as President, as in case of the death or
other Constitutional disability of the Pres?
ident.
4. The person having tho greatest num?
ber of votes as Vice-President shall be the
Vice-President shall be the Vice-Presi?
dent, if such number be a majority of the
whole number of electors appointed; and
if no person have a majority, then, from
the two highest numbers on tho list, the
Senate shall choose the Vice-President; a
quorum for the purpose shall consist of:
two-thirds of the whole number of Sena?
tors, and a majority of the whole number
shall be necessary to a choice.
5. But no person constitutionally ineli?
gible to the office of President shall be
eligible to that of Vice-President of the
Confederate States.
6. The Congress may determine the
time of choosing the electors,, and the day
on "which they shall give their votes:
which day shall be the same throughout
the Confederate States.
7. Iso person except a natural born cit?
izen of the Confederate States, ox* a citi?
zen thereof at the time of the adoption of
the Constitution, or a citizen thereof born
in the United States prior to tho 20th of
December, 1860, shall be eligiblo io the
office of President; neither shall any per?
son be eligible to that office who shall not
have attained to the ago of thirty-five
years, and been fourteen years a resident
within the limits of tE? Confcdcrato
States, as they may exist at the time of ^
his election.
8. In case of the removal of the Presi?
dent from office, or of his death, resigna
?
tion, or inability to discharge the powers1
and duties of the said office, the same
shall devolve on the "\ ice-President; and
the Congress may, by law provide for the
case of removal, death, resignation, or in?
ability both of the President and Vice
president, declaring what officer shall
then act as President, and such officer
shall act accordingly until tho disability
be removed, or a President shall be elec?
ted.
9. The President shall, at stated times,
receive for his services a compensation,
which shall neither be increased nor di?
minished during tho period for which he
shall havo been elected; and he sliall not
receive within that perion any other
emolument from the Confederate States,
or any of them.
10. Before he enters on the execution
of his office, he shall take tho following
oath or affirmation:
" I do solemnly swear (or affirm) that
I will faithfully execute the office of Pres?
ident of the Confederate States, and will -
to tho best of my ability, preserve, pro?
tect, and defend the Constitution there?
of."
Section 2.?1. The President shall be
commandcr-in-clncf of the anny and na?
vy of the Confederate States, and of tho
militia of the several States, when called
into tho actual service of the Confederate
Stater; he may require the opinion, in
writing, of the principal officer in each of
the Executive Departments, upon any
subject relating to tho duties of their re?
spective offices; and ho shall have power
to grant reprieves and pardons for offen?
ces against the Confederate States, except
in cases of impeachment.
2. Ho shall have power, by and with
the advice and consent of the Senate, to
make treaties, provided two-thirds of the
Senators present conour; and he shall
nominate and, by and with the advice
and consent of the Senate* shall appoint
ambassadors, other public ministers and
consuls, Judges of the Supreme Court,
and all other officers of the Confederate
Stales, whose appointments arc not here?
in otherwise provided for, and which shall
be established by law; but'-1 lie'Congress
may, by law, vest the appointment of such
inferior officers, as they think proper in
the President alone, in tho courts of law
or in the heads of Departments.
8. The principal officer in each of tho
Exeeutivt Departments, and all persons
connected with tho diplomatic ^service,
may be removed from office at the plea?
sure of the President. All other civil
officers of the*Executive Department may
be removed at any time by the President,
or other appointing power, when their
services are unnecessary, or for dishones?
ty, incapacity, inefficiency, misconduct,
or neglect of duty, and when so removed,
tho removal shall be reported to tho Sen?
ate, together with the reasons therefor.
4. The President shall have power, to
fill all vacancies that may happen during
the recess of the Senate, by granting
commissions, which shall expire at the
end of their next session; but, no person
rejected by the Senate shall bo re-ap?
pointed to the same office during their en?
suing recess.
Section 3.?1. ThePrcsidcutshall,from*
time to time, give to the Congress infor?
mation of the state of the Corifederacy-jp
and recommend to their consideration
such measnres as he shall judge necessary
and expedient; he may, on extraordinary
occasions, convene both Houses, or either
of them; and in case of disagreement be?
tween them, with respect to ths time of
adjournment, he may adjourn them to
such time as he shall think proper; he
shall rcceiv8 ambassadors and other pub?
lic ministers; he shall take care that tho
laws be faithfully executed, and shall com?
mission all the officers of the Confederate
States.
Section 4.?L The President, Yice
Prcsident, and all civil officers of the Con?
federate States, shall be removed from of?
fice on impeachment for, and conviction
of, treason, bribery, or other high crimes
and misdemeanors.
ARTICLE HI.
Section 1.?1. T e judicial power of the