CHAPTER XXX.

MILITARY POLICY OF THE CONFEDERATE STATES OF AMERICA.

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

.

At a Congress of the sovereign and independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, begun and holden at the capital 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.

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

SEC. 2. When vacancies happen in the representation of any State the same shall be filled in such manner as the proper authorities of the State shall direct.

SEC. 3. (1) The Congress shall be the judge 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 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.

SEC. 4. 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.

SEC. 6. (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.

The other clauses of this section, viz, (2) to borrow money; (3) to regulate commerce; (4) to establish a uniform rule of naturalization, and uniform laws relating to bankruptcy; (5) to coin money; (6) to provide for punishment of counterfeiting the coin and currency of the Confederacy; (7) to establish post-offices and post roads; (8) to promote science; (9) to constitute tribunals inferior to the supreme court; (10) to punish piracies and offenses against the law of nations; (11) to

a Matthew's Constitution and Statutes of Confederate States of America, p. 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties imposts, and excises shall be uniform throughout the United States. (Hickey on the Constitution of the United States, sec. 8, p. 8.)

declare war; (12) to raise and support armies; (13) to provide and maintain a navy; (14) to make regulations for the land and naval forces; (15) to provide for the calling forth of the militia; (16) to provide for organizing, arming, and disciplining the militia, were identical with the same clauses in section 8, Article II, Constitution of the United States, substituting the word "Confederacy" for "United States;" (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; (18) the Congress shall have power to admit other States; (19) the Congress shall also exercise executive powers, until the President is inaugurated.

a

SEC. 7. * * * (17) The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (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.

These clauses are identical with articles 9 and 10, amendments to the Constitution of the United States.

PROHIBITED POWERS.

Clause 1, section 8, Article II, identical with clause 1, section 10, Article I, Constitution of the United States.

Clause 2, relating to imposts or duties to aid execution of inspection laws, identical with clause 2, section 10, Article II, Constitution of the United States.

Last part of clause 2, corresponding to clause 3, section 10, Article II, Constitution of the United States, reads:

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.

EXECUTIVE POWER.

ARTICLE II.

SECTION 1. (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 superseded by a permanent government, whichsoever shall first occur.

(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.

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

Adopted by the unanimous consent of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana.

March 2, the Confederate Congress authorized Texas deputies to sign the provisional constitution.

a To make all laws which shall be necessary and proper for the carrying into execution the foregoing powers and all other powers vested by this constitution in the Government of the United States or in any department or officer thereof. (Hickey

THE PERMANENT CONSTITUTION OF THE CONFEDERATE STATES.

The provisional Constitution remained in force until March 14, 1861, when the permanent Constitution of the Confederate States of America was adopted as follows:

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 tranquillity, 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.

SECTION 8. (1) To lay and collect taxes, duties, imposts, and excises for revenue necessary to pay the debts, provide for the common defense and carry on the government of the Confederate States; but no bounties shall be granted from the treasury, nor shall any duties or taxes on importations from foreign countries be laid to promote or foster any branch of industry, and all duties, imposts, and excises shall be uniform throughout 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 to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce, except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases such duties shall be laid on the navigation facilitated thereby as may be necessary to pay the costs and expenses thereof.

(7) To establish post-offices and post-roads; but the expenses of the post-office 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.

Clauses 2, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 were identical with the same clauses in section 8, Article II, Constitution of the United States, substituting "Confederate States" for "United States."

Prohibited powers, section 10, Article II, clauses 1 and 2, were the same as the same clauses, same section, Constitution of the United States.

Clause 3, differing from the corresponding clause in the provisional constitution (prohibiting troops, ships, etc.), was identical with clause 3, Constitution of the United States, substituting "Confederate States" for "United States." This clause, also, gave States subject to control of Confederate States, Congressional right to impose duties on seagoing vessels for purpose of improving river navigation; also, two or more States could enter into a compact to improve common river navigation.

ARTICLE II.

SECTION 1. (1) The executive power shall be vested in a President of the Confederate States of America. He and the Vice-President shall hold their offices for the term of six years, but the President shall not be reeligible. The President and VicePresident shall be elected as follows:

SECTION 2. (3) The principal officer in each of the Executive Departments, and all persons connected with the diplomatic service, may be removed from office at the

ARTICLE VII.

(1) The ratification of the convention of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

Adopted unanimously by the Congress of the Confederate States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, sitting in convention at the capital, in the city of Montgomery, Ala., on the 11th day of March, in the year 1861. * * *

Both provisional and permanent Constitutions were adopted by unanimous votes of all the Deputies from the States.

FIRST SESSION PROVISIONAL CONGRESS.

The first session of the Confederate Provisional Congress began at Montgomery, Ala., February 4, 1861, and ended March 16, 1861. Jefferson Davis, President; Alexander H. Stephens, Vice-President of the Confederate States; Howell Cobb, President of the Congress.

The first law passed by the provisional Congress, approved February 9, contained all laws of the United States in force which were not inconsistent with the constitution of the Confederate States. February 20 (date always relates to date law was approved), the first preparations for war were made by authorizing" the President or the Secretary of War, under his direction," to make contracts for the purchase or manufacture of heavy ordnance, small arms, powder, and other munitions of war. The last clause prescribed:

The President is authorized to make contracts provided for in this act, in such manner and on such terms as in his judgment the public exigencies may require. February 21, the War Department was created, the chief officer being called the Secretary of War. The second section of the law prescribed his duties as follows:

That said Secretary shall, under the direction and control of the President, have charge of all matters and things connected with the army, and with the Indian tribes within the limits of the Confederacy, and shall perform such duties appertaining to the army and to said Indian tribes as may from time to time be assigned to him by the President.

The Navy Department was created the same day, the Secretary of the Navy having same powers as the secretary of war.

February 26, an act was passed establishing and organizing a General Staff for the Army of the Confederate States, which was made to consist of an Adjutant and Inspector-General's Department, Quartermaster-General's Department, Subsistence Department, and Medical Department.

The Adjutant and Inspector-General's Department consisted of 1 colonel, Adjutant and Inspector-General; 4 majors; Assistant Adjutants-General; 4 captains, Assistant Adjutants-General.

The Quartermaster-General's Department consisted of 1 colonelQuartermaster-General; 6 majors, quartermasters; assistant quarter, masters, as many as necessary, to be detailed from the line, with extra compensation of $20 per month; all quartermasters to perform in addition the duties of paymasters.

The Commissary-General's Department consisted of 1 colonel, commissary-general; 4 captains, commissaries; assistant commissaries, as many as necessary, to be detailed from the line with extra pay of $20

subject to duty in both Departments at the same time, receiving extra pay only in one department.

The Medical Department consisted of 1 Surgeon-General, colonel; 4 surgeons, majors; 6 assistant surgeons, captains; and as many more assistant surgeons as the service might require to be employed by the war department with the pay of assistant surgeons.

The officers of the Adjutant-General's, Quartermaster-General's, and Commissary-General's Departments were eligible to command, according to rank, but could not assume command of troops unless put on duty for that purpose by special authority of the President.

February 28, the President of the Confederate States was authorized to borrow, on the credit of the Confederate States, not exceeding $15,000,000, interest semiannual at 8 per cent. An export duty of one-eighth of 1 per cent per pound on all cotton (raw) exported from the Confederate States, imposed and pledged the payment of interest and principal of bonds.

PROVISIONAL ARMY OF THE CONFEDERATE STATES.

February 28, it was enacted,

That to enable the Government of the Confederate States to maintain its jurisdiction over all questions of peace and war, and to provide for the public defense the President be, and he is hereby, authorized and directed to assume control of all military operations in every State, having reference to or connection with questions between said States, or any of them, and powers foreign to them.

The second section authorized the Confederate President to receive from the States all arms and munitions of war

"acquired from the United States and which were in the forts, arsenals, and navyyards of the said States."

The third section, apparently recognizing the sovereignty of the States, gave them, by means of withholding their consent, the power to obstruct individual volunteering. It likewise legalized the standing evil of our system-short enlistments.

The section prescribed

That the President be authorized to receive into the service of this Government such forces now in the service of said States as may be tendered, or who may volunteer, by consent of their State, in such numbers as he may require, for any time, not less than twelve months, unless sooner discharged.

These forces, unlimited in numbers, were to be received, with their officers, by companies, battalions, or regiments, and when received were to form a part of the Provisional Army of the Confederate States, the Confederate President, being granted authority—

to appoint, by and with the consent of Congress, such general officer or officers for said forces

as might be necessary for the service.

The next law, passed March 6, 1861, entitled

An act to provide for the public defence,

looked to the contingency of war. The first section prescribed

That in order to provide speedily forces to repel invasion, maintain the rightful possession of the Confederate States of America in every portion of territory belonging to each State, and to secure the public tranquillity and independence against threatened assault, the President be, and he is hereby, authorized to employ the militia, military, and naval forces of the Confederate States of America, and to ask for and accept any number of volunteers, not exceeding 100,000, who may offer their services, either as cavalry, mounted riflemen, artilley, or infantry, in such proportion of these several arms as he may deem expedient, to serve for twelve months after they shall be