Given under my hand and the great seal of Louisiana, at Baton Rouge, this 26th day of the month of January, in the year of our Lord, 1861. [L. S.] A. MOUTON, Pres. of the Convention. J. THOMAS WHEAT, Secretary of the Convention. The aspect of New Orleans at the time of the passage of this ordinance is thus reported: Every thing in this city appears to be in rapid progress toward a war establishment. Trade is at a stand still; the importation of merchandise has al most entirely ceased; the warehouses of the Federal Government are everywhere literally glutted with bonded goods; the banks are remorselessly curtailing their discounts; ordinary creditors are endeavoring by all means short of legal pressure to lessen the liabilities of their debtors; stores and manufactories, traders and mechanics, are diminishing their expenses by the discharge of hands, and, save the office-holders, an influential, wealthy, and important body, electorially considered, everybody looks dubious and bewildered, not knowing what to expect or what may happen. The proceedings at Baton Rouge will take no one by surprise. The Legislature is engaged in spending money profusely, and the Convention is engaged in laying down a broad foundation for the erection of a monstrous superstructure of debt. In the Convention on the 31st, a resolution was offered to instruct the delegates to the Montgomery Convention, who had been previously appointed, to resist any attempt to reopen the African slave trade. This was laid on the table by a vote of 83 to 28. On the same day the United States Mint and Custom-House at New Orleans were quietly taken possession of by the State authorities, and the oath was subsequently administered to the officials under the ordinance. In the mint was $118,311, and in the sub-Treasury $483,984. A draft of the United States for $300,000 was presented soon after, which the sub-Treasurer refused to pay, saying that "the money in his custody was no longer the property of the United States, but of the Republic of Louisiana." CHAPTER II. Preparations for a Southern Confederacy-Meeting of Congress at Montgomery-Members and Organization-Inauguration of a President-His Addresses-Cabinet-Proceedings of the Congress-New Constitution.-Its Features. No sooner was secession an organized fact in South Carolina, with a certainty that other States would soon reach the same result, than suggestions were made for a Southern Confederacy. A committee in the Legislature of Mississippi, on Jan. 19, reported resolutions to provide for a Confederacy and establish a Provisional Government. Florida, Alabama, and Georgia at once approved of this general object, and delegates were appointed to a Congress to be held at Montgomery. The design of this Congress, as then understood, was to organize a new Confederacy of the seceding slaveholding States, and such other slaveholding States as should secede and join them; and to establish first, a Provisional Government, intended to prepare for the general defence of those States which were linked together by a common interest in the peculiar institution, and which were opposed to the Federal Union; second, make treaties with the United States and "other foreign" countries; third, obtain decisive legislation in regard to the negro; and fourthly, determine what States should constitute the Confederacy. On the 4th of February this Congress met at Montgomery, in a hall, on the walls of which, portraits of Marion, Clay, Andrew Jackson, and several of Washington, were hanging. It was composed of the following members, except those from Texas, who were not appointed until Feb. 14: South Carolina.-B. B. Rhett, James Chesnut, jr., W. P. Miles, T. J. Withers, R. W. Barnwell, C. G. Memminger, L. M. Keitt, and W. W. Boyce. Georgia.-Robert Toombs, Howell Cobb, Benjamin H. Hill, Alexander H. Stephens, Francis Bartow, Martin J. Crawford, E. A. Nisbett, Aug's B. Wright, Thomas R. R. Cobb, and Augustus Keenan. Alabama.-Richard W. Walker, Robert H. Smith, Colin J. McRae, John Gill Shorter, S. F. Hale, David P. Lewis, Thomas Fearn, J. L. M. Curry, and W. P. Chilton. Mississippi.-Willie P. Harris, Walker Brooke, A. M. Clayton, W. S. Barry, J. T. Harrison, J. A. P. Campbell, and W. S. Wilson, Louisiana.-John Perkins, jr., Duncan F. Kenner, C. M. Conrad, E. Spencer, and Henry Marshall. Florida.-Jackson Morton, James Powers, and J. P. Anderson. Texas.-L. T. Wigfall, J. H. Reagan, J. Hemphill, T. N. Waul, Judge Gregg, Judge Oldham, and Judge W. B. Ochiltree. All the members were present except Mr. Morton, of Florida, and the members from by the election of Howell Cobb, of Georgia, as Texas. A permanent organization was made Chairman, and J. J. Hooper, of Montgomery, Alabama, Secretary. Mr. Cobb, on taking the chair, made an address, saying: sincere thanks for the honor you have confer"Accept, gentlemen of the Convention, my and impartial discharge of the duties of the red upon me. I shall endeavor, by a faithful Chair, to merit, in some degree at least, the confidence you have reposed in me. "The occasion which assembles us together is one of no ordinary character. We meet as representatives of sovereign and independent States, who, by their solemn judgment, have dissolved the political association which connected them with the Government of the United States. Of the causes which have led to this decision it is unnecessary now to speak. It is sufficient to announce that by the judgment of our constituents they have been pronounced ample and sufficient. It is now a fixed and irrevocable fact. The separation is perfect, complete, and perpetual. "The great duty is now imposed upon us of providing for these States a Government for their future security and protection. We can and should extend to our sister States-our late sister States-who are identified with us in interest, feeling, and institutions, a cordial welcome to unite with us in a common destiny -desirous at the same time of maintaining with our former confederates, as with the world, the most peaceful and friendly relations, both political and commercial. "Our responsibilities, gentlemen, are great, and I doubt not we shall prove equal to the occasion. Let us assume all the responsibility which may be necessary for the successful completion of the great work committed to our care, placing before our countrymen and the world our acts and their results, as the justification for the course we may pursue, and the policy we may adopt. With a consciousness of the justice of our cause, and with confidence in the guidance and blessings of a kind Providence, we will this day inaugurate for the South a new era of peace, security, and prosperity." The rules of the Convention were drawn on the principle that it was a Congress of sovereign and independent States, and the members should therefore vote by States. On the 7th of February, the Committee on a Provisional Government reported a plan which was discussed in secret session. On the 8th, the Constitution of the United States was adopted with some amendments, as follows: Alterations.-1st. The Provisional Constitution differs from the Constitution of the United States in this: That the legislative powers of the Provisional Government are vested in the Congress now assembled, and this body exercises all the functions that are exercised by either or both branches of the United States Goverument. 2d. The Provisional President holds his office for one year, unless sooner superseded by the establishment of a permanent government. 3d. Each State is erected into a distinct judicial district, the judge having all the powers heretofore vested in the district and circuit courts; and the several district judges together compose the supreme bench-a majority of them constituting a quorum. 4th. Wherever the word "Union" occurs in the United States Constitution the word "Confederacy' is substituted. Additions.-1st. The President may veto any separate appropriation without vetoing the whole bill in which it is contained. 2d. The African slave trade is prohibited. 8d. Congress is empowered to prohibit the introduction of slaves from any State not a member of this Confederacy. 4th. All appropriations must be upon the demand of the President or heads of departments. Omissions.-1st. There is no prohibition against members of Congress holding other offices of honor and emolument under the Provisional Government. 2d. There is no provision for a neutral spot for the location of a seat of government, or for sites for forts, arsenals, and dock-yards; consequently there is no reference made to the territorial powers of the Provisional Government. 3d. The section in the old Constitution in reference to capitation and other direct tax is omitted; also the section providing that no tax or duty shall be laid on any exports. 4th. The prohibition against States keeping troops or ships of war in time of peace is omitted. 5th. The Constitution being provisional merely, no provision is made for its ratification. Amendments.-1st. The fugitive slave clause of the old Constitution is so amended as to contain the word of abduction or forcible rescue on the part of the "slave," and to provide for full compensation in cases State in which such abduction or rescue may take place. 2d. Congress, by a vote of two-thirds, may at any time alter or amend the Constitution. Temporary Provisions.-1st. The Provisional Government is required to take immediate steps for the settlement of all matters between the States forming it and their late confederates of the United States in relation to the public property and the public debt. 2d. Montgomery is made the temporary seat of gov ernment. "All legislative powers herein delegated shall be vested in this Congress, now assembled, until otherwise ordained." The fifth article is as follows: "The Congress, by a vote of two-thirds, may, at any time, alter or amend this Constitution." The other portions of the Constitution are nearly identical with the Constitution of the United States. On the next day after the adoption of the Provisional Constitution, at the opening of Congress, the President of the body was sworn by R. W. Walker to support the new Constitution, and the oath was then administered in turn by the President to all the members, in the order in which they were called by States. At a quarter past twelve o'clock in the afternoon the Congress threw open its doors, after having previously gone into secret session, and proceeded to elect a President. The ballots were taken by States, each State being allowed one vote. On counting, it was found that Jefferson Davis, of Mississippi, had received six votes, the whole number cast. The same formality was gone through in the election of Vice-President, resulting likewise in the unanimous election of Alexander H. Stephens, of Georgia. An immense crowd had gathered on the floor and in the galleries to witness the election of the first President of "the Confederate States of America." The clection of Davis and Stephens was greeted with loud cheers and applause from the spectators. The President of the Convention was directed to appoint Committees on Foreign Affairs, Finance, Military and Naval Affairs, the Judiciary, Postal Affairs, Commerce, Patents, and Printing. A bill was passed continuing in force, until repealed or altered by Congress, all the laws of the United States which were in force on the 1st of November, 1860, not inconsistent with the Constitution of the Provisional Government. A resolution was adopted instructing the Finance Committee to report promptly a tariff bill for raising a revenue for the support of the Provisional Government. A resolution was also adopted authorizing the appointment of a Committee to report a Constitution for a permanent Government of the Confederacy. The name "Confederate States of North America was also adopted for the Union represented at Montgomery. At the session on the next day, Mr. Stephens appeared and announced his acceptance of the office of Vice-President, and said: "I have been notified by the committee of my election as Vice-President of the Provis ional Government of the Confederate States of America. The committee requested that I should make known to this body, in a verbal response, my acceptance of the high position I have been called upon to assume, and this I now do in this august presence-before you, Mr. President, before this Congress, and this large concourse of people, under the bright sun and brilliant skies which now smile so felicitously upon us. "I take occasion to return my most profound acknowledgments for this expression of confidence on the part of this Congress. There are especial reasons why I place an unusually high estimate on it. The considerations which induced me to accept it, I need not state. It is sufficient for me to say that it may be deemed questionable if any good citizens can refuse to discharge any duty which may be assigned them by their country in her hour of need. "It might be expected that I should indulge in remarks on the state of our public affairsthe dangers which threaten us, and the most advisable measures to be adopted to meet our pressing exigencies; but allow me to say, in the absence of the distinguished gentleman called to the Chief Executive Chair, I think it best that I should refrain from saying any thing on such matters. We may expect him here in a few days-possibly by Wednesdayif he is not providentially detained. When he comes you will hear from him on these difficult questions; and I doubt not we shall cordially and harmoniously concur in any line of policy his superior wisdom and statesmanship may indicate. "In the mean time, we may be profitably employed in directing attention to such matters as providing the necessary postal arrangements, making provision for the transfer of the custom-houses from the separate States to the Confederacy, and the imposition of such duties as are necessary to meet the present expected exigencies in the exercise of power, and raise a revenue. We are limited in the latter object to a small duty, not exceeding ten per centum upon importations. We can also be devoting attention to the Constitution of a permanent Government, stable and durable, which is one of the leading objects of our assembling. "I am now ready to take the oath." The oath was accordingly administered. A committee of two from each State was appointed to form a permanent Constitution for the Confederacy. On the 12th resolutions were offered to continue in office the revenue officers of the respective States. It was also resolved "That this Government takes under its charge all questions and difficulties now existing between the sovereign States of this Confederacy and the Government of the United States relating to the occupation of forts, arsenals, navy-yards, custom-houses, and all other public establishments, and the President of this Congress is directed to communicate this resolution to the Governors of the respective States of the Confederacy." On the 13th of February, the Committee on Naval Affairs, and also the Committee on Military Affairs, were instructed to include in any plans they might propose for the army and navy, provisions for such officers as might tender their resignations. A resolution was also adopted instructing the Committee on Commercial Affairs to inquire and report upon the expediency of repealing the navigation laws. A debate took place on the subject of a National flag, proposing to make only such changes as might be necessary to distinguish it easily from that of the United States. Mr. Brooks, in the course of his remarks, said the flag of stars and stripes is the idol of the heart, around which cluster memories of the past which time cannot efface, or cause to grow dim. Mr. Miles, in reply, said he had regarded from his youth the stars and stripes as the emblem of oppression and tyranny. The Committee to whom the subject was referred made a report, which was unanimously adopted. It recommended that the flag of the Confederate States should consist of three bars of red and white-the upper red, middle white, lower red. The lower bar should extend the whole width of the flag, and just above it, next to the staff in the upper left hand corner of the flag, should be a blue Union with seven stars in a circle. The form of Government adopted by the Congress was chiefly objected to, so far as it held out any encouragement for reconstruction, or 16 MILITARY AND NAVAL HISTORY OF THE REBELLION. any inducement to the Border Slave States to On the 15th, Congress made arrangements There was then a secret session, during which a resolution was passed removing the injunction of secrecy from an act continuing in office the officers connected with the collection of customs at the time of the adoption of the Constitution of the insurrectionary States, with the salaries and powers as heretofore provided; the compensation not to exceed five thousand dollars. The collectors were required, within two weeks, to execute the same bonds as heretofore, and the subordinates to give bond. One week after the collectors were required to take the oath to discharge their duties and support the Constitution of the Provisional Government. The Secretary of the Treasury had been instructed to report a plan, to go into effect on the first of April, diminishing the expenses of collecting the revenue at each custom-house at least fifty per cent. On the 16th of February Mr. Davis arrived at Montgomery, to be inaugurated and to enter upon the duties of his office. He was greeted with an ovation, to which he responded in an address reviewing the position of the South. He said: "The time for compromise has now passed, and the South is determined to maintain her position, and make all who oppose her smell Southern powder and feel Southern steel if coercion is persisted in. He had no doubts as to the result. He said we will maintain our rights and government at all hazards. We ask nothing, we want nothing; we will have no complications. If the other States join our Confederation they can freely come in on our terms. Our separation from the old Union is now complete. struction is now to be entertained. No compromise, no recon After reaching the Exchange Hotel he again addressed the crowd from the balcony as follows: "Fellow-citizens and brethren of the Confederated States of America-for now we are brethren, not in name merely, but in factmen of one flesh, one bone, one interest, one purpose of identity of domestic institutionswe have henceforth, I trust, a prospect of living together in peace, with our institutions subject to protection and not to defamation. It may be that our career will be ushered in in the midst of a storm; it may be that, as this morning opened with clouds, rain, and mist, we shall have to encounter inconveniences at the beginning; but as the sun rose and lifted the mist, it dispersed the clouds and left us the pure sunlight of heaven. So will progress the Southern Confederacy, and carry us safe into the harbor of constitutional liberty and political equality. We shall fear nothing, because of homogeneity at home and nothing abroad to awe us; be cause, if war should come, if we must again fathers bled in the Revolution, we shall show that we are not degenerate sons, but will rebaptize in blood the principles for which our deem the pledges they gave, preserve the rights they transmitted to us, and prove that Southern valor still shines as bright as in 1776, in 1812, and in every other conflict." "I thank you, my friends, for the kind manifestations of favor and approbation you exhibit In concluding his speech, Mr. Davis said: gress to this city I have received the same flattering demonstrations of support. I did not on this occasion. Throughout my entire proregard them as personal to myself, but tendered to me as the humble representative of the principles and policy of the Confederate States. I will devote to the duties of the high office to which I have been called all I have of heart, of head, and of hand. If, in the progress of events, it shall become necessary that my services be needed in another position-if, to be plain, necessity require that I shall again enter me there. And now, my friends, again thanking you for this manifestation of your approbathe ranks of soldiers-I hope you will welcome tion, allow me to bid you good night." the Capitol is situated, was crowded with the Toombs; Secretary of the Treasury, Chas. G. mit, duty free, all breadstuffs, provisions, mu- Navy, Justice, Postal Affairs, State and Treas- declaring the free navigation of the Mississippi Beauregard, of Louisiana, as Brigadier-General Confederate States and for other purposes was support the Government. It authorized the President to borrow $15,000,000, payable in ten years, at an interest of eight per cent. The last section directed an export duty of oneeighth per cent. on each pound of cotton exported after the 1st of August following, to create a fund to liquidate principal and interest of the loan. The postal system of the Confederate States was adopted on the report of the Committee of Congress, made on the 25th of February. On Monday, 7th March, an act was passed anthorizing a military force of 100,000 men to be raised. The first section was in these words: SEC. 1. The Congress of the Confederate States of America do enact, 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 ask for and accept the services of any number of volunteers, not exceeding one hundred thousand, who may offer their services, either as cavalry, mounted rifle, artillery, or infantry, in such proportion of these several arms as he may deem expedient, to serve for twelve months after they shall be mustered into service, unless sooner discharged. On the 11th of March the permanent Constitution was adopted by Congress. In nearly all its parts it adopts the precise language, and follows in its articles and sections the order of arrangement of the Constitution of the United States. The parts in which it differs from the latter, either by variations from, or additions thereto, are herewith presented. It begins with the following preamble: We, the people of the Confederate Sta, 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 to our posterity-invoking the favor and guidance of Almighty God-do ordain and establish this Constitution for the Confederate States of America. The second section of the first article imposed the following restriction on the rights of suffrage in order to correct an abuse which had sprung from the action of certain States in the Union which have granted the right of voting to unnaturalized aliens: The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal. In adjusting the basis of representation and direct taxation, "three-fifths of all slaves" were enumerated, as in the Constitution of the United States, which substitutes for the word "slaves" the term "other persons." The number of Representatives given prior to an actual enumeration of the population, appointed to take place within three years after the first meeting of the Congress of the Confederate States, and On the subject of impeachments, the following provision was made: The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment, except that any judicial or other Confederate 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. It was provided that the Senators of the Confederate States should be chosen by the State Legislatures "at the regular session next immediately preceding the commencement of the term of service." It was provided that the concurrence of "two-thirds of the whole number" of each House should be necessary to the expulsion of a member. Congress was authorized to make the following provision in reference to heads of the Executive Departments: Congress may by law grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his Department. The President was authorized to make the following discrimination in giving his assent to appropriation bills: The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case 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 the bill shall have originated, and the same proceeding shall then be had as in case of other bills disapproved by the President. The following prohibition of the "protective policy" was engrafted in the Constitution in enumerating the powers of Congress : No bounties shall be granted from the Treasury, nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry. Internal improvements by the Confederate Government were also prohibited: Congress shall have power 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 of which cases such duties shall be laid on the navigation facilitated thereby as may be necessary to pay the costs and expenses thereof. |
