Page images
PDF
EPUB

votes for each; which list they shall sign, and certify, and transmit, sealed, to the Government of the Confederate States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person shall have such a majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the Representative 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 shall 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 following, then the Vice-President shall act as President, as in case of the death, or other constitutional disability of the President.

4. The person having the greatest number of votes as Vice-President shall be the Vice-President, 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 the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary for a choice.

5. But no person constitutionally ineligible 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. No person except a natural born citizen of the Confederate States, or a citizen thereof, at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election.

8. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may, by law, provide for the case of the removal, death, resignation, or inability both of the President and the Vice-President, declaring what officer shall

then act as President, and such officer shall then act accordingly until the disability be removed or a President shall be elected.

9. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the Confederate States, or any of them.

10. Before he enters on the execution of the duties of his office, he shall take the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof."

SEO. 2.-The President shall be commanderin-chief of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; 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 Confederate States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; 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 States, 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. The principal officer in each of the Execu tive Departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure 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 dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, 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 the next session; but no person rejected by the Senate shall be reappointed to the same office during their ensuing recess.

SEC. 3.-The President 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 both Houses, or either of them; and, in case of disagreement between them, with respect to the time of adjournment he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States.

SEC. 4.-The President and Vice-President, and all civil officers of the Confederate States, shall be removed from office on impeachment for, or conviction of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SEO. 1.-The judicial power of the Confederate States shall be vested in one Superior Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

SEC. 2.-The judicial power shall extend to all cases arising under the Constitution, the laws of the Confederate States, or treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of adiniralty or maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizens of another State, where the State is plaintiff; between citizens claiming lands under grants of different States, and between a State or the citizens thereof, and foreign States, citizens, or subjects; but no State shall be sued by a citizen or subject of any foreign State.

2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

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.

SEC. 3.-Treason against the Confederate States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

2. The Congress shall have power to declare

the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

ARTICLE IV.

SEC. 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 nay, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

SEC. 2.-The citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.

2. A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime.

3. No slave or other person held to service or labor in any State or Territory of the Con- . federate States, under the laws thereof, escaping or unlawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.

SEC. 3.--Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives, and twothirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress.

2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confederate States, including the lands thereof.

3. The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States, and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the territorial government; and the inhabitants of the several Confederate States and Territories shall have the right to take to such territory any slaves lawfully held by them in any of the States or Territories of the Confederate States.

ARTICLE VII.

4. The Confederate States shall guarantee to | by it to the States, are reserved to the States, every State that now is or hereafter may be- respectively, or to the people thereof. come a member of this Confederacy, 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 is not in session,) against domestic violence.

ARTICLE V.

SEC. 1.-Upon the demand of any three States, legally assembled in their several Conventions, the Congress shall summon a Convention of all the States, to take into consider

ation such amendments to the Constitution

as

SEC. 1.-The ratification of the conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

When five States shall have ratified this ConCongress, under the provisional Constitution, stitution in the manner before specified, the shall prescribe the time for holding the election of President and Vice-President, and for the meeting of the electoral college, and for countthe said States shall concur in suggesting at the ing the votes and inaugurating the President. time when the said demand is made; and the first election of members of Congress under They shall also prescribe the time for holding should any of the proposed amendments to the this Constitution, and the time for assembling Constitution be agreed on by the said Conventhe same. Until the assembling of such Contion-voting by States-and the same be ratified by the Legislatures of two-thirds of the gress, the Congress under the provisional Constitution shall continue to exercise the legislaseveral States, or by conventions in two-thirds tive powers granted them; not extending be thereof as the one or the other mode of ratifi-yond the time limited by the Constitution of cation may be proposed by the general conven- the Provisional Government. tion--they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal representation in the Senate.

ARTICLE VI.

SEC. 1.-The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be re

pealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.

2. All debts contracted and engagements entered into before the adoption of this Constitution, shall be as valid against the Confederate States under this Constitution as under the

Provisional Government.

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

4. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial offices, both of the Confederate States and of the several States, shall be bound, by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office of public trust under the Confederate States.

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

Adopted, unanimously, March 11, 1861.
-Memphis Avalanche, July 31.

Doc. 98.

OCCUPATION OF FAIRFAX COURT
HOUSE, VA.

GENERAL MCDOWELL'S DESPATCH.

FAIRFAX COURT HOUSE, July 17, 1861.

Colonel E. D. Townsend, Head-quarters of the
Army at Washington:

We have occupied Fairfax Court House, and
driven the enemy towards Centreville and Ma-
nassas. We have an officer and three men
slightly wounded. The enemy's flight was so
precipitate that he left in our hands a quantity
of flour, fresh beef, intrenching tools, hospital
furniture, and baggage. I endeavored to pur-
sue beyond Centreville, but the men were too
much exhausted to do so. Most respectfully
IRWIN MCDOWELL,
yours,
Brigadier-General.

NEW YORK "TIMES" NARRATIVES.
FAIRFAX COURT HOUSE, Va.,
Wednesday, July 17, 1861.

Here we are-in peaceable possession of Fairfax Court House, without a fight and in hot pursuit of a flying foe. The column will move on as soon as the others come up, and probably encamp at Centreville to-night, within eight miles of Manassas Junction, at which point the rebels can be accommodated with a fight tomorrow, if they feel inclined.

I came on with the centre column, under Col. Hunter-Gen. McDowell commanding in person, I drove over last night to the General's head-quarters at Arlington House, and although he was absent, the whole appearance of things 6. The powers not delegated to the Confed- was exceedingly symptomatic of a forward erate States by the Constitution, nor prohibited I move, The servants were mysterious. The

General's horses, with those of his aids, stood sad- | soon cleared the path. Passing on, the way dled in the yard, with baskets of provisions slung across the saddles. Regiments were blockading the roads-moving outwards without knapsacks or baggage. Capt. Griffin's West Point battery stopped our carriage for half an hour. All these things, with sundry others which it is not necessary to mention, coupled with hints and wise nods I had received from those whose position forbid them from doing more, satisfied me that the advance of the great army was close at hand. I made up my mind, indeed, that the great body of our troops would encamp for the night at about eight miles from the Potomac-and that in the morning the first thing they would do would be to pay their respects to the rebels at Fairfax Court House.

I made all needful preparations, hired a conveyance by the day for an indefinite period, packed it with such edibles as our hosts of the National and "Leo's " better half could comfortably provide, and at 4 o'clock this morning took my departure for the sacred soil of Virginia. We crossed the Long Bridge in the gray of the morning, and pushed on for some eight miles without meeting any further evidence of an army than a body of New Jerseymen left to guard the railroad and telegraph where they are crossed by the turnpike. Soon after we came to a point where the road puzzled us by dividing; and we were fain to inquire of a small boy standing at the gate of a neighboring house which of the two would lead us to Fairfax. He told us both-but said the right hand one came first into the main turnpike, but that the troops had taken the other. We took the right, and after driving about a mile saw at our left, half a mile off, glittering among the trees the bright bayonets of our long line of troops,while the artillery was just crossing the road by which we were approaching. We pushed our carriage into the front, and very soon overtook Gen. McDowell and his staff, Major Wadsworth and Major Brown, accompanied by Capt. Whipple of the Topographical Engineers. We learned that this was one of four columns on their march under orders to converge at Fairfax Court House. It consisted of about 6,000 men, and was led by the Second Rhode Island regiment, under Gov. Sprague. The right column, which had taken the upper road, and under Col. Tyler was to enter Fairfax from the direction of Germantown, consisted of about 12,000. To the south of us were Col. Miles with 5,700, and Col. Heintzelman with 10,000 men. We had thus a force of about 35,000 advancing from this point towards Manassas Junction. It is understood also that Gen. Patterson was to commence his advance towards Winchester yesterday, and to push Gen. Johnston, so as to prevent him from augmenting the forces in front of this wing of the army.

At half past nine o'clock we came to a point at which the road, bordered with trees on each side, had been obstructed by trees felled across it. The axemen were ordered forward, and

led by an open wood, at the end of which rose what appeared to be a high square bank, on top of which we could see two or three horsemen riding backward and forward. A little further onward trees had been again felled across the road. Skirmishers were thrown out on either side, and the column moved on slowly, stopping now and then to feel its way, and being especially on its guard against surprises. Half a mile further we came to another blockade of trees, one of which had been very ingeniously turned exactly bottom upwards, so as to completely block the passage. The axemen soon took away the fence, cut down trees that were in the way, and made a side road through the adjoining field. We soon rose to the top of the hill, which proved to be what, in the distance, we had mistaken for an embankment. The house of Maj. Howard, who had gone with the confederate army, stood there, and the negroes left there told us the secession scouts had been there not half an hour before. The column stopped ten or fifteen minutes and then pushed on, coming, in half an hour, to a long embankment thrown across the road and the adjoining fields, with embrasures for cannon, and the huts of a camp in the rear, which had been abandoned with so much haste by the rebels only two hours before, that they left great quantities of meat, rice, clothes, blankets, &c., as spoils for our troops, who followed so close upon their heels. The works were extensive but not strong, and it was not very clear that any cannon had ever been mounted upon them. The embrasures were lined by sand-bags, each marked "The Confederate States," one of which inscriptions I cut out for a trophy. Our men raised the Star-Spangled Banner on the ramparts, and greeted it with three hearty cheers. Just then we caught sight, at some three miles distant, of the long line of Col. Tyler's column, marching along the upper road, with its whitetopped baggage wagons in the rear, and the glorious Stars and Stripes flying in the van. Our column advanced rapidly, and in twenty minutes, at a quarter before twelve, raised the national flag on the Fairfax Court House, a small brick building on the left of the street. The place was entirely deserted by the rebel troops, and, indeed, by the whole male population. The rebel quartermaster's office had been abandoned in as much haste as the works wo had passed, and great quantities of letters, papers, &c., were found strewn over the floor and the adjacent ground. I picked up a letter from a mother to her son, begging him if possi ble, to come and see them before he should be ordered off, and inclosing a lock of her hair, neatly braided and tied with white ribbon. I shall take that as a memento to one who will appreciate and sympathize with the sentiment which prompted the gift. We are told here that the rebels intend to make a stand at Centreville, seven miles further on. This I do not believe. They have unquestionably fallen

back to Manassas Junction, and whether they | We mount it, and shout, and then proceed to make fight there or not, I consider a little doubtful, though the chances are that they will.

Gen. McDowell intends, I believe, to stop at Centreville to-night, and push on to Manassas in the morning. The whole army will be with him, and it will sweep before it all the forces that may oppose its progress. The onward movement has fairly commenced and it will not stop this side of Richmond. H. J. R.

cut the name from the sand-bags, "Confederate States," as a trophy. Soon the glorious old stars wave from it, with a cheer from the tramping columns, that shook the trees. Behind it was the camp of the enemy, apparently just deserted—a very fairly-constructed camp with drains systematically made. Every tent had had a little bower of leaves near it. Our men rushed in with "Hooray! took the Seceshers' camp!" and poked over the rubbish, finding some meat and eggs and other little FROM ANOTHER CORRESPONDENT. matters, which showed that the enemy were FAIRFAX COURT HOUSE, Wednesday-12 o'clock. not starving. One of the Rhode Islanders capIn company with some friends, we started tured a little raccoon, which he tried to store out at sunrise this morning to accompany the in his knapsack, but did not find an agreeable advance of the Grand Army into Virginia. It prisoner. There seemed to have been some was understood that Patterson had commenced two or three regiments there, and as we learned a forward movement towards Winchester, and soon after from the negroes, they had only left that this was to be in combination with his. about two hours before. We stopped beyond, Our ride in the morning was through a beauti- and had a talk at an old farm-house with the ful wooded country, with gentle slopes, and in negro women. They said the people had all some places hills of considerable size. We run, and told them they would be murdered, avoided the marching columns and by a cross- but, as one old woman said, she thought she road struck upon the line near the front. Here would stay, "for she might see the salvation we left our carriage and marched along by the of the Lord! In the next house, a white side of the troops. It was one of the most in- woman stood at the door very pale and weepspiring sights I ever witnessed: the long line ing, as the column thundered by. She said of glittering bayonets marching up hill and she had a husband in the secession army. Soon down, as far as the eye could see, the cavalry, after, we passed a nice house abandoned. Our (a few companies of regulars,) and the rum- men had entered it, and were searching every bling artillery, with here and there a white- nook and corner. I looked over the books. They covered artillery wagon. showed an intelligent family, with interest in scientific and agricultural matters. One man picked up a letter with the following passage: "Give my love to Susey and to Aunt M., and tell John to shoot a Yankee for me!" At precisely 12 o'clock, the advance-guard of the Grand Army entered Fairfax Court House with tremendous cheers, and a kind of a rush that for a moment looked as if they might go to plundering. But there was nothing of the kind, except the searching for papers in the Town Clerk's office, and some little pickings from the deserted workshops.

The men were in fine spirits, and marched along in the loose style of a regular march, but with quick step. We had some pleasant words with Col. Hunter, and Gen. McDowell, and then walked quickly to the front. On either side, the skirmishers spread out, the bayonets glistening through the corn-fields, the line advancing very carefully, though occasionally nothing could prevent the men stopping for the delicious blackberries that filled the fields.

Gen. McDowell informed us that he was concentrating four columns at Fairfax Court House-one on the right, under Gen. Tyler, of about 12,000 men, through Falls Village and Germantown; one on the left, of about 5,700 under Miles, and the left wing, under Heintzelinan, with about 6,000. Suddenly, as we were picking berries by the road-side, came the word "Halt!" An orderly rode up and said, "General, we are in a trap; trees are cut down in front of us; there seems to be a masked battery beyond!" The General took it calmly, and ordered the skirmishers to advance, while we poor civilians were expecting every instant to hear the whistling of the balls over our heads. As we approached the long line of earthwork, we could see our skirmishers slowly approach it, while our pioneers were clearing out the trees cut down in the road. At length the bayonets can be seen shining on the mounds, and we breathe freer, and hurry on. It is a line perhaps 50 rods long, with embrasures, lined with sand-bags, very poorly built, all say. VOL. II.-Doc. 27

[ocr errors]

Soon a man climbs up into the Court House and hauls down the secession flag amid groans and cheers, and up goes the bright Union banner. I am writing in the office of the tavern where the secession officers have left some of their luggage, and the Rhode Island Second are marching by with wild cries, their battery in the van. They sleep and bivouac in the yards of the houses. The handsome figure and face of Col. Burnside can be seen everywhere. Col. Hunter, with his quiet, gentlemanly manner, is directing the lines, and Gen. McDowell, with Maj. Brown and Maj. Wadsworth, are sitting their horses, and watching with their glasses the very dark lines on the hills about a mile to the south, which show that Gen. Tyler is approaching. Now the Rhode Island First goes by, and the New Hampshire Second, (a New Hampshire pioneer comes in and boasts that he was the first New Hampshire man on Virginia soil.) A lady comes out of a house near,

« PreviousContinue »