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OKDINANCES.
The State op South Carolina.
At a Convention of the People of the State of South Carolina, begun
and bolden at Columbia, on the seventeenth day cf December, in
ther year of our Lord one thousand eight hundred and sixty, and
thence ccntinued by adjournment to Charleston, and there, by
divers adjournments, to the twentieth day of December, in the
same year.
AN ORDINANCE
To dissolve the ,Union between thS State of South Carolina
and other States united , with her under the compact en¬
titled " The Constitution op the United States op America,."
We, the People of the State of South Carolina, in Convention assem¬
bled, 'do declare and ordain, and it is hereby declared and ordained,
That the Ordinance adopted by us in Convention, on the twenty-
third day of May, in the year of our Lord one thousand seven hundred
and eighty-eight,-whereby the Constitution of the United States of
America was ratified, and also all Acts and parts of Acts of the General
Assembly of this State, ratifying amendments of the said Constitution,
are hereby repealed; and that the Union now subsisting between South
Carolina and other States, under the name of "The United States of
America," is hereby dissolved.
Done at Charleston, the twentieth day of December, in the year of
our Lord one thousand eight hundred and sixty.
D. F. JAMISON, Del. from Barnwell, and President Convention.
Thos. Chiles Perrin, John Izard Middleton,
Edw. Noble; Benjamin E. Sessions,
J. H. Wilson, J. N. Whitner,
Tiios. Thomson, James L. Orr,
David Lewis Wardlaw, J. P. Reed,
Jno. Alfred Calhoun, R. F. Simpson,
752
ORDINANCES OF THE
Benjamin Franklin Mauldi
Lewis Malone Ayer, Jr.,
W. Peronneau Finley,
J. J. £5rabham,
Benj. W. Lawton,
Jno. McKee,
Thomas W. Moore,
Richard Woods,
A. Q. Dunovant,
John A. Ingflis,
Henry McIyer,
Stephen Jackson,
W. plnckney ShINGLER,
Peter p. Bonneau,
John P. Richardson,
John L. Manning,
John J. Ingram,
Edgar W. Charles,
Julius A. Dargan*,
Isaac D. Wilson,
John M. Timmons,
Francis Hugh Wardlaw,
R. G. M. Dunovant,
James Parsons Carroll,
Wm. Gregg,
Andrew J. Hammond,
James Tompkins,
James C. Smyly,
John Hugh Means,
William Strother Lyles,
Henry Campbell Davis}
Jno. Buchanan,
James C. Furman;
P. E. Duncan,
W. K. Easley,
James Harrison,
W. H. Campbell,
T. J. Withers,
James Chesnut, Jr.,
Joseph Brevard Kershaw,
r, Thos. W. Beaty,
Wm. J. Ellis,
R. L. Crawford, .
W. C. Cauthen,
D. P. Robinson,
H. C. Young,
H. W. Garlington,
John D. Williams,
W. D. Watts, •
Thos. Wier,
H. I. Caughman,
John C. Geiger,
Paul Quattlebaum,
W. B. Rowell,
Chesley D. Evans,
Wm. W. IIarllee,
A. W. Bethea,
E. W. Goodwin,
William D. Johnson,
Alex. McLeod,
John P. Kinard,
Robert Moorman,
Joseph Caldwell,
Simeon Fair,
Thomas Worth Glover,
Laurence M. Keitt,
Donald Rowe Barton,
Wm. Hunter,
Andrew F. Lewis,
Robt. A. Thompson,
William S. Grisham,
John Maxwell,
Jno. E. Frampton,
W. Ferguson IIutson,
W. F. DeSaussure,
William Hopkins,
James H. Adams,
Maxcy Gregg,
John H. Kinsler,
Ephraim M. Clarke,
FIRST SESSION.
Alex. H. Brown,
Thos.'Y! Simons,
E. S. P. Bellinger,
L. W. Spratt,
Merrick E. Carn,
Williams Middleton,
E. R. Henderson,
F. D. Richardson,
Peter Stokes,
B. H. Rutledg'e,
Daniel Flud,
Edward McCrady,
Dayid C. Appleby,
Francis J. Porcher,
#T. L. Gourdin,
John S. Palmer,
JR. W. Barnwell,
Jos. Dan'l Pope,
C. P. Brown,
John L. Nowell,
John M. Shingler,
John S. O'Hear,
Daniel DuPre,
John G. Landrum,
A. Mazyck,
B. B. Foster,
"William Cain,
Benjamin F. Kilgore,
P. G. Snowden,
Jas. II. Carlisle,
Geo. W. Seabrook,
Simpson Bobo,
John Jenkins,
Wm. Curtis,
R. J. Davant,
H. D. Green,
E. M. Seabrook,
Matthew P, Mayes,
John J. Wannamaker)
Thomas Reese English, Sr.
Elias B. Scott,
Albertus Chambers Spain,
Joseph E. Jenkins,
J. M. Gadberry,
Langdon Cheyes,.
J. S. Sims,
George Rhodes,.
. Wm. H. Gist,
A. G. Magrath,
James Jefferies,
Wm. Porcher Miles,
Anthony W. Dozier,
John Townsend,
John G. Pressley,
Robert N. Gourdin,
R. C. Logan,
H. W. Conner,
Francis S. Parker,
Theodore D. Wagner,
Benj. Faneuil Dunkin,
R. Barnwell Rhett, ^
Samuel Taylor Atkinson,
C. G. Memminger,
Alex. M. Forste*,
Gabriel Manigault,
Wm. Blackburn Wilson,
John Julius Pringle Smith,
Robert T. Allison,
Isaac W. Hayne,
Samuel Rainey,
Jno. H. Honour,
A. Baxter Springs,
Rich'd DeTreville,
A. I. Barron,
Thos. M. Hanckel,
Artemas T. Darby.
A. W. Burnet,
Attest: B. F. Arthur, Clerk.
05
754
ORDINANCES OF THE
The State of South Carolina.
At a Convention of the People of the State of South Carolina, he-
gun and holden at Columbia, on the seventeenth day of December,
in the year of our Lord one thousand eight hundred and sixty, and
thence continued by adjournment to' Charleston, and there, by
divers adjournments, to the twenty-second day of December, in the
same year.
AN ORDNANCE.
To alter the Constitution of the State of South Carolina, in respect to
the Oath of Office.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and or¬
dained,
That the Fourth Article of the Constitution of the State of South
Carolina, heretofore amended, be now altered so as to read as follows,
to wit:
" All persons who shall be elected or appointed to any office of profit
or trust, before entering on the execution thereof, shall*take (besides
special oaths not repugnant to this Constitution, prescribed by the
General Assembly) the following oath: I do solemnly swear (or affirm)
that I will be faithful, and true allegiance bear, to the State of South
Carolina, so long as I may continue a citizen thereof, and that I am
duly qualified, according to the Constitution of this State, to exercise
the office to which I have been appointed, and that I will, to the best
of my ability, discharge the duties thereof, and preserve, protect and
defend the Constitution of this State. So help me God."
Done at Charleston, the twenty-second day of December, in the year
of our, Lord one thousand eight hundred and sixty.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
FIRST SESSION.
755
The State op South Carolina.
At a Convention of the People of the State ,of South Carolina, be¬
gun .and holden at Columbia, on the seventeenth day of December,
in the year of our Lord one thousand eight hundred and sixty, and
thence continued by adjournment to Charleston, and there, by
divers adjournments, to the twenty-secqnd day of December, in
the same year.
AN ORDINANCE
To make Provisional Postal Arrangements in South Carolina.
Whereas, The State of South Carolina owes it to her own citizens,
and to those of the other States, that, as one of the contracting parties,
she should not prevent or interrupt the performance of the pending
contracts for carrying and delivery of the Mails made by the United
States while South Carolina was one of said States :
lie it ordained by the People of South Carolina, in Convention as¬
sembled, That the existing postal contracts and arrangements shall be
continued, and the persons charged with the duties thereof shall con¬
tinue to discharge said duties until a Postal-Treaty or Treaties shall
be concluded, or until otherwise ordered by this Convention.
Done at Charleston, the twenty ^second day of December, in the year
of our Lord one thousand eight hundred and sixty.
. D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
756
ORDINANCES OF THE
The State of' South Carolina.
At aConvention of the People of the State of South Carolina, begun
and holden at. Columbia, on the seventeenth day of December,
in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there
by divers adjournments, to the twenty-sixth day of December, in
the same year.
AN ORDINANCE
To make Provisional Arrangements for the Continuance of Commercial
Facilities in South Carolina.
Whereas, It is due to our late confederates in the political Union,"
known as the United States of America, as'also to the citizens of South
Carolina engaged in commerce, that no abrupt or sudden change be
made in the rate of duties upon imports into this State ; and, whereas,
it is not desired by this State to secure any advantage in trade to her
own ports above those of auy of" the slaveholding States, her late con¬
federates in the said Union; and, whereas, this Ordinance, for the
considerations indicated, is designed to be provisional merely; there¬
fore,
We, the People of South Carolina, in Convention 'assembled, do de¬
clare and ordain, and it is hereby declared and ordained,
First: That all citizens of this Stat£, who, at the date of the Ordi¬
nance of Secession, were holding office connected with the Customs,
under the Government of the United States, within the limits of South
Carolina, be, and they are hereby, appointed to hold, under the Govern¬
ment of this State, exclusive of any further connection whatever with
the Federal Government of the United States, the same offices they
now fill, until otherwise directed, and to receive the same pay and-
emoluments for their services.
Second : That until this Convention, or the General Assembly, shall
otherwise provide, the Governor shall appoint to all vacancies which
may occur in such offices. ' «
Third : That until otherwise provided by this Convention, or the
General Assembly, the revenue, collection and navigation laws of the
United States, so far as they may be applicable, be, and they are
hereby, adopted, and made the laws of this State, saving that no
duties shall be collected upon imports from the States forming the late
Federal Union, known as the United States of America, nor upon the
FIRST SESSION.
757
tonnage of vessels owned in whole or in part by citizens of the* sai d
States, and saving and excepting the Act of Congress, adopted the 3d
day of March, 181,7, entitled " An Act authorizing the deposit of
papers of foreign vessels with the Consuls of their respective nations,"
which said Act is hereby declared to be of no force within the limits
of this State.
Fourth-..That all vessels built iq South. Carolina, or elsewhere, and
owned to the amount of one-third by a citizen or citizens of South Caro¬
lina, or,any of the slaveholding commonwealths of North America, and
commanded by a citizen thereof, and no other, shall be registered as
vessels of South Carolina, under the authority of the Collector and
Naval Officer.
Fifth: That all the official acts of the officers aforesaid, in which 'it
is usual and proper to set forth the authority under which they act, or
the style.of documents issued by them, or any of them, shall be in the
name of the State of South Carolina.
Sixth: That all moneys ^hereafter collected by any of the'officers
aforesaid shall, after, deducting the sums necessary for the compensa¬
tion of officers and^tther expenses, be paid into the Treasury of the
State of South Carolina, for the use of the said State, subject to the
order of this Convention, or* the General Assembly.
Seventh : That the officers aforesaid shall retain in their hands all
property of the United States in their possession, custody, or control,
subject to the disposal of this State, who will account for the same upon
a final settlement with the Government of the United States.
Done at Charleston, the twenty-sixth -day o^ December, in the year of
our Lord one thousand eight hundred and sixty.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
758
ORDINANCES OF THE
The 'State of South Carolina.
At a Convention of the People of the State of South Carolina, be¬
gun and holden at Columbia, on the seventeenth day of December,
in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by
divers adjournments, to the twenty-seventh day of December, in
the same year.
AN ORDINANCE
To amend the Constitution of the State of South Carolina in respect to
the Executive Department.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and ordained,
That the Governor shall have power to receive ambassadors, minis¬
ters, consuls, and agents from foreign powers ; to appoint such agents,
to be" paid out of the contingent fund, as in his discretion he may
choose to employ; to conduct negotiations with foreign powers; to
make treaties, by and with the advice and consent of the Senate, pro¬
vided two-thirds of the Senators present agree ; to nominate, and by
and with the advice and consent of the Senate, to appoint, such am¬
bassadors, other public ministers and consuls, as the General Assembly
shall have previously directed to be appointed, and also all other offi¬
cers, whose appointment otherwise shall not have been provided for by
law; to fill all vacancies -that may happen during the recess of the
Senate, in the offices to which he has the power to nominate as above
mentioned, by granting commissions which shall expire at the end of
the next session of the Senate, and to convene the Senate whenever,
in his opinion, it may be necessary: Provided, nevertheless, That,
during the existence of a Convention, all treaties and directions for ap¬
pointment of ambassadors, ministers, or consuls, shall be subject to the
advice and consent of the Convention, or to its separate aetion.
And it is further ordained, That the Governor shall immediately'ap-
point four persons, with the advice and consent of this Convention,
who, together with the Lieutenant Governor, shall form a Council, to
be called the Executive Council, whose duty it shall be, when required
by the Governor, to advise with him upon all matters yhich may be sub¬
mitted to their consideration ; and that a record bf such consultations
FIRST SESSION. 759
shall be kept: Provided, nevertheless, That the Governor shall, in all
cases, decide upon his own action.
Done at Charleston^ the twenty-seventh day of December, in the
jear of our Lord one thousand eight hundred and sixty.
D. F. JAMISON, President.
Attest: B. F. Arthur, Cleric.
760
ORDINANCES OF THE
The State of South Carolina.
\.t a Convention of the People of the State of South Carolina, be¬
gun and holdeu at Columbia, on the seventeenth day of De¬
cember,' in the year of our Lord one thousand eight hundred and
sixty, and thence continued by adjournment to Charleston, and
there, by divers adjournments, to the twenty-seventh day of De¬
cember in the same year.
AN ORDINANCE
To alter the Constitution of the State' of South Carolina, by striking
out certain words in sundry places.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and ordained,
That the Constitution of the State of South Carolina be altered by
{striking therefrom certain words in sundry places, as follows,, to wit:
In the Twenty-first Section of the First Article, strike out in two
places wh^re they occur in this Section, the following words—"the
United States or either of them." In the Third Clause of the Second
Section'of the Second Article, strike out the following words—"or
under any State or- the United States." In the Sixth Section of
the Second Article, strike out the following words—" except when
they shall be called into the acttial service of the United States."
In the Second Clause of the First Section of the Third Article,
strike out the following words—" the United States." In the amend¬
ment of the amendment of the Fourth Section of the First Article,
(which amendment of the amendment was ratified December twen¬
tieth, one thousand eight hundred and Otv-six), strike out the follow¬
ing words-*-" and non-commissioned officers and private soldiers of the
Army of the United States." In the Fifth Section of the Second Arti¬
cle, strike o.ut, in the places where they occur in this Section, the word
" absence," and in lieu thereof, insert " removalalso strike out " be¬
ing absent," and insert in lieu thereof, "removal from the State."
Done at Charleston, the twenty-seventh day of December, in the
year of our Lord one thousand eight hundred and sixty.
I). F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
FIRST SESSION,
761
The State of South Carolina.
At a Convention of the Peopje of the State of South Carolina, be¬
gun and holden at Columbia, on the seventeenth day of Decem¬
ber, in the year of our Lord one thousand eight hundred and
sixty, and thence continued by adjournment to Charleston, and
there, by divers adjournments, to the thirty-first day of Decem¬
ber, in the same year.
AN ORDINANCE
To Define and Punish Treason.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and or¬
dained,
That in addition to what hasbeen already declared to be treason by
the General Assembly, treason against this State shall consist only in
levying war against the State, or adhering to its enemieSj giving them
aid and comfort; and that treason shall be punished by death, without
benefit of Clergy.
Dohe at Charleston, the thirty-first day of December, in the year of
our Lord one thousand eight hundred and sixty.
' D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
96
762
ORDINANCES OF THE
The State of South Carolina.
At a Convention of the People of the State of South Carolina, be¬
gun and holden at Columbia, on the seventeenth day of Decem-
■ ber, in the year of our Lord one thousand eight hundred and
sixty, and thence continued by adjournment to Charleston, and
there, by divers adjournments, to the thirty-first day of Decem¬
ber, in the same year.
AN ORDINANCE
Concerning Judicial Powers.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and or¬
dained,
That the judicial power heretofore delegated by this State, so as to
form a part of the judicial power of the United States, Raving reverted
to this State, §hall be exercised by such Courts as the General As¬
sembly shall direct.
Done at Charleston, the thirty-first day of December, in the year of
our Lord one thousand eight hundred and sixty.
D. F. JAMISON, President.
Attest: B. F. Arthur, Cleric.
FIRST SESSION.
763
The State of South Carolina.
At a Convention of the People of the State of South Carolina, be¬
gun and holden at Columbia, on the seventeenth day of Decem¬
ber, in the year of our Lord one. thousand eight hundred ^.nd sixty,
and thence continued by adjournment to Charleston, and there,
by divers adjournments, to the thirty-first day of December, in
the same year.
AN ORDINANCE
Concerning Powers lately vested in the Congress of the United States.
We, the People of the Slate of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and or¬
dained,
That all powers which, by this State, were' heretofore delegated to
the Congress of the United States, shall be vested in the General As¬
sembly, except that during the existence of this Convention, the pow¬
ers of the General Assembly shall not extend, without the direction of
. this Convention, to any one of these subjects, to wit: Duties and Im¬
posts, the Post Office v the Declaration of War, Treaties, Confederacy
with other States, Citizenship and Treason.
Done at Charleston, the thirty-first day of December, in the year of
our Lord one thousand eight hundred and sixty.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
764
ORDINANCES OF THE
The State of South Carolina.
At a Convention of the People of the State of South Carolina, begun
and holden at Columbia, on the seventeenth day of December, in
the year of our Lord one thousand eight hundred and sixty, and
thence continued by adjournment to Columbia, and there, by
divers adjournments, to the first day of January, in the year of
our Lord one thousand eight hundred and sixty-one.
AN ORDINANCE
Concerning Citizenship.
We, the People of the State of South Carolina, in Cdnvention assem,-
hied, do declare and ordain, and it is hereby declared and ordained,
1. Every person who, at the date of the Ordinance of Secession, was
residing in this State, and was then by birth, residence, or naturaliza¬
tion a citizen of this State, shall continue a citizen of this State, unless
a foreign residence shall be established by such person with the inten¬
tion of expatriation.
2. So, also, shall continue every free white person who, after the
date aforesaid, may be born within the territory of this State, or may
be born outside of that territory, of a father who then was a citizen of
this State.
3. So, also, every person, a citizen of any one of the States now con¬
federated under the name of the United States of America, who, within
twelve months after the date of the Ordinance of Secession, shalf come
to reside in this State, with the intention of remaining, upon such
person's taking the oath of allegiance to this State, below provided.
4. So, also, every free white person who shall be engaged in the .
actual service, military or naval, of the State, and shall take an'oath of
his intention to continue in such service for at least three months,
• /
unless sooner discharged honorably, and also the oath of allegiance be¬
low prescribed. In this case, the oaths shall be administered by some
commissioned officer of the service, in which the applicant for citizen¬
ship may be engaged, superior in rank to the applicant, and thereupon
certificate of the citizenship of the applicant shall be signed by the
officer, and delivered to the applicant.
5. So, also, every free white person, not a citizen of any of the
States above mentioned, who, at the date of the Ordinance of Seces¬
sion, was residing in this State, or who, within one year from that date,
FIRST SESSION.
765
shall come to reside in this State, with the intentioh of remaining,
upon such person's appearing before the Court of Common Pleas for any
of the Districts of this State, establishing, by his or her own oath, the
residence and intention here required, and taking the oaths of allegiance
and abjuration below prescribed.
6. So, also, every person, not a citizen of any of the States above,
mentioned, at the date aforesaid, who may corpe to reside in this State,
with the intention of remaining, and may be naturalized according to
the naturalization laws of this State* Until they may be altered or re¬
pealed, the naturalization laws of the United States, accommodated to
•the special condition of the State, are hereby made the laws of this
State, except that instead of the oaths required, by those laws in the
final Act, the oath of allegiance to this State, and of abjuration below
provided, shall be taken.
7. In all cases, the citizenship of a man shall extend to his wife,
present or future, whenever she shall have a residence in the State,
and shall extend also to each of his children that, under the age of
eighteen years, may have a residence in-the State. In like manner,
the ffitizenship of a woman shall extend to each of her children, that,
under the age of eighteen years, may have a residence -.in the State:
Provided, That in ,no case shall citizenship extend to any person w^o
is not a free white person. v
8. The oath of allegiance to this State shall be in the following
form, to wit: "I do swear (or affirm)*that I will be faithful, and true
allegiance bear, to the State of South Carolina, so long as 'I may con¬
tinue a citizen thereof." The oath of. abjuration shall be in the fol¬
lowing form, to wit: "I do swear (or affirm) that I do renounce, and
forever abjure, all allegiance and fidelity to every'prince, potentate,
state or sovereignty whatsoever, except the State of South Carolina."
Done at Charleston, the first day of January, in the year of our
Lord one thousand eight hundred and sixty-one.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
766
ORDINANCES OF THE
The State of South Carolina.
At a Convention of the People of the State of South Carolina, begun
and holden at Columbia, on the seventeenth day of December, in
the year of our Lord one thousand eight hundred and sixty, and
thence continued by adjournment 'to Charleston, and there, by
divers adjournments, to the fifth day of January, in the year of
our Lord one thousand eight hundred and sixty-one.
AN ORDINANCE '
To vest in the General Assembly the power to establish Postal
Arrangements.
We, the People of the State of South Carolina, in Convention assem¬
bled, do declare and ordain, and it is hereby declared and ordained,
That all power necessary to make Postal Arrangements, and enact
Postal laws, is hereby vested in the General Assembly.
Done at Charleston, the fifth day of January, in the year of our
Lord one thousand eight hundred and sixty-one.
D. F. JAMISON, President.
Attest,: B. F. Arthur, Clerk.
SECOND SESSION.
767
The State oe South Carolina.
At a Convection of the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Charleston,
on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued, by
divers adjournments, to the third day of April, in the same
year.
AN ORDINANCE
To Ratify the Constitution of the Confederate States,of America.
We, the People of South Carolina, in Convention assembled, do
declare and ordain, and it is hereby declared and ordained,
That the State of South Carolina does hereby assent to and ratify
the articles of compact, called'the "Constitution of the Confederate
States of America," adopted at Montgomery, in the State of Alabama,
on the eleventh day of March, in the present year (one thousand eight
hundred and sixty-one), by the convention of Delegates from the States of
Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and
Texas, and does hereby agree with such other of the said States as
shall ratify the same, to enter with them into a Federal Association of
States upon the terms therein proposed.
Done at Charleston, the third day of April, in the year of oi?" Lord
one thousand eight hundred and sixty-one. .
D. F. JAMISON, President.
Attest: B. F. Arthur, Cleric.
768
ORDINANCES OF THE
The State oe South Carolina.
At a Convention of the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Charleston,
on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by
divers adjournments, to the fourth day of April, in the same yean
AN ORDINANCE
To alter the tenth Section of the first Article of the Constitution of
the State of South Carolina, and the amendment thereof, ratified the
twenty-eighth day of January, one thousand eight hundred and sixty-
one ; also, to alter the tenth Section of the Amendments, ratified on
the seventeenth day of December, eighteen hundred and eight; and
likewise, the second Clause of the eleventh Article of the Constitu¬
tion aforesaid.
TFe, the People of the State of South Carolina, in Convention assem¬
bled, do declare and ordain,,and it is hereby declared and- ordained,
The tenth section of the first Article of the Constitution of the State
of South Carolina, and the amendment thereof, ratified in the Senate
house, on the twenty-eighth day of January, in the year of our Lord
one thousand eight hundred and sixty-one, shall be altered to read as
follows: " Senators and Members of the House of Representatives
shall be chosen at a General Election, on the Tuesday after the second
Monday in October, in the year of our Lord one thousand eight hun¬
dred and sixty-two; and on the same day in every second year there¬
after, in such manner ahd for such terms of office as are herein directed.
They shall meet on the fourth Monday in November, annually, at
Columbia (which shall remain the seat of Government, until otherwise
determined by the concurrence of two-thirds of both branches of the whole
Representation), unless the casualties of war, or contagious disorders,
should render it unsafe to meet there; in either of which cases, the
Governor or Commander-in-Chief, for the time being, may, by procla¬
mation, appoint a more secure and coavenient place of meeting. From
the next General Election shall, however, be excepted those Senators,
whose term of office will not expire in the year one thousand eight
hundred and sixty-two. The terms of office of the Senators and Mem¬
bers of the House of Representatives, shall begin on the Monday fol¬
lowing a General Election." The tenth section of the Amendments to
SECOND SESSION.
769
the Constitution aforesaid, ratified.December seventeenth, one thousand
eight hundred and eight, shall be altered to read as follows: " The
Senators having heretofore been divided by lot into two classes, the
seats of the Senators of the first class shall be vacated at the expiration
of the second year after the Monday following a General Election ; and
of the second class, at the expiration of the fourth year; and the num¬
ber of these classes shall be so proportioned, that one-half of the whole
number of Senators may, as nearly as possible, continue to be chosen
thereafter every second year." The second Clause of the eleventh Article
of the Constitution aforesaid, shall be altered to read as follows: " No part
of this Constitution shall be altered unless a bill to alter the same shall
have been read on three several days in the House of Representatives,
and on three several days in the Senate, and- agreed to at the second
and third readings by two-thirds of the whole representation in each
branch of the Legislature. Neither shall any alteration take place
until the bill so agreed to be published three months previous to a new
election for Members of the House- of Representatives; and if the
alteration proposed by the Legislature shall be agreed to in their first
session by two-thirds of the whole Representation in each branch of
the Legislature, after the same shall have been read on three several
days, in each House, then, and not otherwise, the same shall becpme a
part of the Constitution."
Done at Charleston,'the fourth day of April, in the year of our Lord
one thousand eight hundred and sixty-one.
D. F. JAMISON, President.
Attest : B. F. Arthur, Clerk.
97
770
ORDINANCES OF T^E
The State or "South Carolina.
At a Convention of the People of the State of South Carolina, reas¬
sembled by appointment of the President thereof, at Charleston,
on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by
divers adjournments to the fourth day of April in the same year.
AN ORDINANCE
To amend an Ordinance concerning Citizenship.
We, the People of the State of South Carolina,, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and or¬
dained :
That the first Section of an Ordinance, entitled, " An. Ordinance
concerning Citizenship," ratified the first day of January, in the year
of our Lord one thousand eight hundred and sixty-one, he, and the
same is hereby, altered and amended, so as to read as follows: u Every
person who, at the date of the Ordinance of Secession, was by birth,
residence, or naturalization, a citizen of this State, shall continue a
citizen thereof, unless a foreign residence shall be established by such
person, with the intention of expatriation."
Done at Charleston, the fourth day of April, in the year of our Lord
one thousand eight hundred and sixty-one.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
SECOND -SESSION.
771
The State of South Carolina.
At a Convention of the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Charleston,
on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by
divers adjournments to the fourth day of April in the same year.
AN ORDINANCE
To repeal sundry Ordinances, and to alter the Fourth Article and
Sundry Sections of the Constitution.
We, the People of the Slate of South Carolina, in Convention assem¬
bled, do declare and ordain, and it is herebij declared and ordained, as
follows :
The Ordinance ratified by us in Convention, on the twenty-second
day of December, one thousand eight hundred and sixty, entitled " An
Ordinance to make provisional Postal Arrangements in South Carolina;"
also, the Ordinance ratified on the twenty-sixth day of December, one
thousand eight hundred and sixty, entitled " An Ordinance to make
provisional arrangements for the continuance of Commercial Facilities
in South Carolina; " also, the Ordinance ratified on the twenty-seventh
day of December, one thousand eight hundred and sixty, entitled " An
Ordinance to alter the Constitution-of the State of South Carolina, by
striking out certain words in sundry places;" also, the Ordinance
ratified on the fifth-day of January, one thousand eight hundred and
sixty-one, entitled "An Ordinance to vest'in the General Assembly
the power of establishing Postal Arrangements," shall be, and the same
are hereby, repealed. The Ordinance, ratified on the thirty-first day of
December, one thousand eight hundred and sixty, entitled "An Ordi¬
nance concerning powers lately vested in the Congress of the United
States; " also, the Ordinance, ratified on the thirty-first day of Decem¬
ber, one thousand eight hundred and sixty, entitled "An Ordinance
concerning Judicial Powers," shall be, aqd the same are hereby, re¬
pealed, so far as-thoy are inconsistent with the Constitution of the Con¬
federate States of America. The various amendments, heretofore made
to the fourth Article of the Constitution of the State of South Carolina,
shall be, and the same are hereby, repealed. And the fourth Article,
and sundry Sections of the Constitution of the State of South Carolina,
be altered and jmended, so as to read as follows, to wit:
772
ORDINANCES OF THE
Article I., Section 4. Every free white man of the age of twenty-
one years, paupers, and non-commissioned officers and private soldiers
of the army of the Confederate States of America excepted, who hath
been a citizen and resident in this State two years previous to the day
of election, and who hath a freehold, of fifty acres of land, or a town lot,
of which he hath been legally seized and possessed, at least six months
before such election, or not having such freehold, or town lot, hath
been a resident in the election district in which he "offers to ^ive hi3
vote> six months before the said election, shall have a right to vote for
a member or members, to serve ill either branch of the Legislature, for
the election district, in which he holds such property, or is so resident.
Section 21. No person shall..be eligible to a seat in the Legislature,
whilst he holds any office of profit or trust under this State, the Con¬
federate States of America, or either of them, or under any other
power, except officers in the militia, army or navy of this State,
Justices of the Peace, or Justices of the County Courts, while they
receive no salaries; nor' shall any contractor of the army or navy of
this State, the Confederate States of America, or either of them, or the
agents of such contractor, be eligible to a seat in either House. And
•if any member shall accept or exercise any of the said disqualifying
offices, he shall vacate his seat.
Article II., Section 2, Clause 3. No person shall hold the office
of Governor, and any other office or commission, civil or military (ex¬
cept in the militia), either in this State, or under the Confederate
States of America, or either of them, or under any other power at one
and the same time. Section 5. In case of the impeachment of the
Governor, or his removal from office, death,* resignation, or removal
from the State, the Lieutenant Governor shall succeed to his office.
And in case of the impeachment of the Lientenant Governor, or his
removal from office, death, resignation, or removar from the State, the
President of the Senate shall succeed to his office, till a nomination to
those offices, respectively, shall be made by the Senate and House of
Representatives, for the remainder of the time for which the officer so
impeached, removed from office, dying, resigning, or removed from the
State, was elected. Section 6. The Governor shall be Commander-in-
Chief of the army and navy of this State, and of the militia, 'except
when they shall be called into the actual service of the Confederate
States of America.
Article III., Section 1. The judicial power shall be vested in such
Superior and Inferior Courts of Law and Equity as the Legislature shall
SECOND SESSION. '773
from time to time direct and establish. The Judges of each shall hold
their commissions during good behavior; and Judges of the-Superior
Courts-shall, at stated times, receive a compensation for their services,
which shall neither be.increased nor diminished during their continuance
in office; but they shall receive no fees or perquisites^ of office, nor
Hold any other office of profit or trust under this State, the Confederate
States of America, or any other power.
Article IV. All persons who shall be elected, or appointed to any
office of profit or trust, before entering on the execution thereof, shall
take (besides special oaths not repugnant to this Constitution, pre¬
scribed by the General Assembly) the following oath : " I do solemnly
swear (or affirm) that I will be faithful, and true allegiauce bear to the
State of South Carolina, so long as I may continue a citizen thereof, and
that I am duly qualified, according.to the Constitution of this State, to
exercise the office to which I have been appointed ; and that I will,
to the best of my ability, discharge the duties thereof, and preserve,
protect and defend the Constitution of this State, and that of the Con¬
federate States of America. So help me God."
Done at Charlestoti, the fourth day of April, in the year of our Lord
one thousand eight hundred and sixty-one.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
774
ORDINANCES OF THE
The State op South Carolina.
At a Convention of the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Charles¬
ton, on the twenty-sixth day of March, in the year of our Lord
one thousand eight hundred and sixty-one, and thence continued
by divers adjournments to the eighth day of April, in the same
year.
AN ORDINANCE
To Ratify'the Provisional Constitution and Government of the Con¬
federate States of America.
'We, the People of South Carolina,, now met and sitting in Cunvcn-
tion, do hereby ordain :
That the Provisional Constitution for the Confederate States of
America, framed and agreed to by our deputies, at the City of Mont¬
gomery, in the State of Alabama, on the day of February
last, be, and it is hereby, accepted and ratified; and that the
Government organized in pursuance thereof is hereby approved and
made valid, according to the terms of limitation expressed in said
Constitution.
Done at Charleston, the eighth day of April, in the year of our Lord
one thousand eight hundred and sixty-one.
D. F. JAMISON, Pi •esident.
Attest: B. F. Arthur, Clerk.
SECOND SESSION.
775
The State oe South Carolina.
At a Convention of the, People of the State of South Carolina, reas-
.sembled by appointment of the President thereof, at Charleston,
on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by
divers adjournments, to the eighth day of April, in the same.year.
AN ORDINANCE
To repeal in part, and alter in part, the Ordinance entitled, "An Ordi¬
nance to amend the Constitution of the State of South Carolina, in
respect to the Executive Department."
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and'it is hereby declared and ordained :
The first Section of the Ordinance, ratified on the twenty-seventh
day of December, one thousand eight hundred and sixty, entitled " An
Ordinance to amend the Constitution of the .State of South Carolina,
in respect to the Executive Department," is hereby repealed. The
second Section of the said Ordinance is hereby altered, so that the
fai.thful servants of the State, who have heretofore constituted the* Ex¬
ecutive Council, shall he relieved from the duties which have been as¬
signed to them under that section, so soofi as', in the opinion of the
Governor, the pressing exigency of public affairs will permit, except
two, to wit: the Lieutenant Governor and a member of the Council,
who may be charged with the Treasury Department, and these two, at
the discretion of the Governor, may be retained, but not beyond the
adjournment of the Legislature, after its next sitting, unless the Legis¬
lature should otherwise direct.
Done at Charleston, the eighth day of April, in the year of our Lord
on6 thousand eight hundred and sixty-one.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
776
ORDINANCES OF THE
The State op South Carolina.
At a Convention of the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Charleston,
on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by
divers adjournments to the eighth day of April in the same year.
AN ORDINANCE
To transfer to the Government of the Confederate States of America
the use and occupancy of the forts, arsenals, navy yards, custom
houses, and other public sites, within the limits of this State.
We, the People of South Carolina, in Convention assembled, do or¬
dain and declare, and it is hereby ordained and declared, by .the au¬
thority of the same:
That the Government of the Confederate States of America is hereby
authorized to occupy, use and hold possession of all forts, navy yards,
arsenals, custom houses, and other public sites, within the limits of
this State, and their appurtenances, lately in the possession of the
United States of America, together with Fort Sumter, and to repair,
rebuild and control the same at its discretion, until this Ordinance be
repealed by a Convention of the People of this State.
Done at Charleston, the eighth day of April, in the year of our Lord
one thousand eight-hundred and sixty-one.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
SECOND SESSION.
777
A BILL
To alter and amend the Third Section of the First Article of the
Constitution of this State.
■If Be it enacted by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the
same, That the Election District declared and known in the. Constitu¬
tion by the name of Claremont, shall be hereafter known and recognized :
by the name of Sumter.
II. Be it further enacted by the authority aforesaid, That the Elec¬
tion District declared and known in the Constitution by the name of
Liberty, shall be hereafter known and recognized by the name of
Marion.
In the Senate House, the fourth day of December, in the year of our
Lord one thousand eight hundred and sixty, and in the eighty-
fifth year of the sovereignty and independence of the United
States of America.
We do certify that the foregoing Bill has been read three times, on
three several days, in the House of Representatives, and three
times, on three several days, in the Senate, and was agreed to by
two-thirds of the whole representation in both branches of the
Legislature.
WILLIAM D. PORTER,
President of the Senate.
JAMES SIMONS,
Speaker House 'of Representatives
98
778
ordinances of the
a bill
To alter and amend the Tenth Section of the First Article of the
Constitution of the State of South Carolina.
I. Be it enacted by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the
same, That the tenth Section of the first Article of the Constitution of
this State be altered and amended, to read as follows: Sedators and
Members of the House of Representatives shajl be chosen on the Tues¬
day after the second Monday in October, in the year of our Lord one-
thousand eight hundred and sixty-two, and on the same day in every
second year thereafter, in such manner and at such times as are herein
directed, and shall meet on the fourth Monday in November, annually,
at Columbia (which shall remain the seat of Government until other¬
wise determined by the concurrence of two-thirds of both branches of
the whole representation), unless the casualties of war, or contagious
disorders, should render it unsafe to meet there; in either of which
cases, the Governor or Commander-in-Chief for the time being may,
by proclamation, appoint a more secure and convenient place of meet¬
ing '..-Provided, That nothing herein contained shall be so construed as
to apply to those Senators whose term of office will not expire on the
second Monday in October, in the year of our Lord one thousand eight
hundred and sixty-two.
In the Senate House, the twenty-eighth day of January, in the year
of our Lord one thousand eight hundred and sixty-one, and'in the
eighty-fifth year of the sovereignty and independence of the State
of South Carolina.
We certify that this Bill has been read three times in the House of
Representatives, and three times in the Senate, at the present
session, and was agreed to by two-thirds of the whole represen¬
tation.
WILLIAM D. PORTER,
President of the Senate.
jaiyes simons,
Speaker House of Representatives.
THIRD SESSION.
779
The State op South Carolina.
At a Convention of the People of the State of South Carolina, reas¬
sembled bj appointment of the President thereof, at Columbia, on
the twenty-sixth day of December, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued, by
divers adjournments, to the second day of January, in the year of
our Lord one thousand-eight hundred and sixty-two.
AN ORDINANCE
To provide for the Removal of Negroes and other Property from por¬
tions of the State which may be Invaded by the Enemy.
We, the People of the State of South Carolina, in Convention as¬
sembled., do declare and ordain, and it is hereby declared and or¬
dained :
Section 1. That for the p'urpose of more fully accomplishing the
objects of this Ordinance, there shall be electe"d; by this Convention,
a Commission of three citizens for each of the Districts of Horry,
Georgetown, Charleston, Colleton and Beaufort; and the citizens con¬
stituting such Commission shall be fully authorized to exercise the
powers hereinafter provided for the said Commission.
Sec. 2. That whenever there shall be reason to believe that any
portion of the State, not now in the actual possession of the enemy,
may come into his possession, or the Commanding General of the Con¬
federate forces shall notify any one of the'said Commissions that a re¬
moval of the slaves within the District of said Commission, or any
porti9n thereof, is necessary for the successful prosecution of his mili¬
tary duties, or it shall appear to the said Commission that such removal"
is otherwise required by the public interest,-it shall be the duty of the
Commission for the District in which such portion of the State maybe,
to notify all persons therein residing and owning negroes, or having
them in charge, forthwith to remove and take with them, beyond a
line to be designateckby the Commissioners, such negroes and sjuch other
property to them belonging or in their charge, as it maybe practicable
to carry with them. And for such removal the said Commission shall
give such aid as may be necessary, and it can command. And if any
person or persons, residing in such portions of the State, and there
owning or having negroes in charge, shall, after having received from
the said Commission the notice before mentioned, refuse or neglect to
780
ORDINANCES OF THE
remove and take with them such negroes, it shall then be the duty of
the said Commission to compel the removal of such negroes. And the
said Commission shall, in all cases where it may be necessary, apply
to the commanding officer of the military forces in the District, for
such aid as may be requisite for the removal of any negroes, and con¬
ducting them to a place of safety.
Sec. 3. It shall be the duty of the said Commission, in all cases of
removal of negroes under this Ordinance, to cause to be carried and
removed with such negroes, if practicable, so much of the provisions
which belong to the owner or owners, or persons having charge of such
negroes, as will be necessary for their support, or to sell the same and
apply the proceeds to the support of such negroes.
* Sec. 4. In all cases where the owner or owners, or persons having
charge of negroes to be removed under this Ordinance, shall hav& pre¬
pared or provided a place or places to which such negroes can be car¬
ried, it shall be the duty of the said Commission to give to the owner
or owners, or persons having charge of such negroes, such aid for their
removal as may be necessary, and the Commission can command. And
if the owner*>r owners, or persons having charge of negroes to be re¬
moved under this Ordinance, shall not have prepared or provided any
. place or places to which such negroes can be carried, it shall then be
the duty of the said Commission to cause such negroes, with the pro¬
visions for their support, to be removed and carried to such place or
pdaces(as the said Commission shall or may_ procure, with' the consent
of the owner or owners of such place or places, and upon such terms
as may be agreed upon for the use and occupation of such place or
places. And, upon the removal of the negroes and provisions, if any,
to such place.or places, they shall be no longer under the charge of the
said Commission, but shall be restored to the control of the owner or
owners, or persons entitled to the charge of them.
Sec. 5. It shall be the duty of the said Commission, without delay,
to procure £Pnd provide places to which negroes may be carried under
this Ordinance. And to such of these places as may be considered
best for that purpose, it shall be the duty, also, oFthe said Commission,
to cause to be carried, and there Safely kept, such supplies of provi¬
sions as the said Commission may, and, is hereby, authorized to
purchase. And such supplies of provisions, at such places, shall be
considered public granaries, to be used under the authority of the said
Commission, for the support of negroes removed under this Ordinance;
THIRD SESSION.
781
and 'whose owner or owners, or persons in charge of them, are unahle
otherwise to provide for their support.
Sec. 6. 'Whenever the owner or owners, or persons in charge of
negroes removed under this Ordinance, shall be unable to employ them
at the place or places to which they have been removed, it shall he the
duty of the said Commission, to "confer with the Executive Authority of
this State-as to the employment which can be given to such negroes,
on the public works or in the public service of the State, or in *any
other manner by which the expense of their removal or support can
be saved. And, in all such cases, the owner or owners, or persons in
charge of such negroes, if practicable, shall be consulted as to the em¬
ployment of such negroes, and all such regulations shall be made for
their safety and protection as such owner or owners, or persons in
charge of such negroes, shall reasonably suggest.
Sec. 7. The said Commission shall maintain frequent communica¬
tions with the Commanding General of the Confederate forces within
this Stat<?, that it may be constantly informed of the necessity which
may, from time to time, exist or arise for its exercise of the powers
herein given and its discharge of the duties hereby imposed.
Sec. 8. The said Commission shall keep a record of all its proceed¬
ings under this Ordinance, and report the same to the General Assem¬
bly of this State at its next annual meeting; unless, previous to that
time, this Convention shall be again assembled. And, if so, such re¬
port shall then be made to this Convention.-
Sf.C. 9. When any sum of money shall he expended by or under
the authority of the Commissions herein provided for, in the removal
or support of the slaves or in the removal of the produce or other prop¬
erty of any person, there shall be a specific lien upon the said slaves
of such person for the repayment of the said sum of money after the
.termination of the existing war; which lien may be summarily en¬
forced by seizure and sale.
Sec. 10. That each Commission are hereby authorized to draw upon
the Treasury of the State for the sums of money which may be neces¬
sary to enable them to execute the provisions of this Ordinance; and
that-the Legislature be directed to provide ways and'means to reim¬
burse the Treasury.
Sec. 11. That in the event of any vacancy in said Commission, the
Commission shall have power to,fill such vacancy.
Sec. 12. That all corporations and owners of ferries, whose means
782 ORDINANCES OE THE
and facilities of transportation may be used in carrying out tbe pur¬
poses of this Ordinance, shall not be allowed to charge more than half
the present rates.
Done at Columbia, the second day of January, in the year of our
Lord one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
Resolved, That any person or persons willing immediately, or in.
anticipation of tbe order of the Commission, to remove their negroes
and necessary provisions for their support under the terms of an
Ordinance entitled " An Ordinance to provide for the removal of ne¬
groes and other property from portions of the State that may be invaded
by the enemy," be, and the same are hereby, entitled to receive all such'
aid, on application to the Commission, as is prescribed by said Ordi¬
nance to be afforded to those who remove on notice ; and the Commis¬
sion "is hereby directed to afford the said aid, so far as the same may be
expedient or practicable; and further, that all means of transportation
shall be afforded by corporations and private ferries under the terms of
said Ordinance.
Done at Columbia, the third day of January, in the year of our
Lord one thousand eight hundred and sixty-two.
D. F. JAMISON,' President.
Attest: B. F. Arthur, Clerk.
Resolved, That the injunction of secrecy be removed in relation to
the Ordinance providing for the removal of slaves, and the resolution
passed amendatory thereof, in so far as to permit the communication of
a certified copy of the Ordinance to each of the Commissioners, with
leave to make known so much <jf the Ordinance as may be necessary to
the several parties interested therein, and to the commanding Generals
of the Confederate forces in this State.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
THIRD SESSION.
783
The State of South Carolina.
At a Convention of the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Columbia,
on the twenty-sixth day of December, in the year of our Lord one
thousand eight hundred and sixty-one, and' thence continued jpy
divers adjournments, to the second day of January, in the year of
our Lord one thousand eight hundred and sixty-two.
AN ORDINANCE
To exempt Overseers from the performance of Militia Duty.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and ordained:
Sec. 1. That during the time when any portion of the State may be.in
the possession of or under the control of the forces of the United States,
it shall and may be lawful for every owner, agent or trustee in charge
of a plantation and negroes, and who shall desire to keep upon the said
plantation the Overseer of the negroes thereon, to apply to the Adju¬
tant and Inspector General of the State, setting forth the number of
negroes under the charge of the said Overseer, and the' situation of
the plantation. And the Adjutant and Inspector General may there¬
upon make an order exempting such Overseer from militia duty, except
as an alarm man, and furnish also such Overseer with a copy of the
order.
Sec. 2. The order of the Adjutant General shall be given where
the number of slaves exceeds fifteen working hands, and the ojvner or
other person having charge of the plantation is absent in the service of
the State, or is above-the age of sixty years, or is decrepid or a female;
and in general wherever of fifteen or more slaves there is no white male
left for protection and government besides the Overseer; but in no
case shall the order exempt the Overseer from the performance of or¬
dinary militia duty, from patrol duty, or from any police duty which
may be required of hiin.
Done at, Columbia, the second day of January, in the. year of our
Lord one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
784
ORDINANCES OF THE
The State of South Carolina.
At a Convention of the People of the State of South Carolina, reas¬
sembled by appointment of the President thereof, at Columbia, ou
the twenty-sixth day of December, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by
divers adjournments, to the sixth day of January, in the year of
our Lord one thousand eight hundred and sixty-two.
AN ORDINANCE
To provide for holding Elections for Districts occupied or threatened
by the enemy.
We, the People of the State of South Carolina, in Convention assem¬
bled, do declare and ordain, and it is hereby declared and ordained:
That wien, during the continuance of the existing war between
the Confederate States of America and. the United States, some
or all of the places of voting in any Election District of this State
shall be occupied or threatened by the enemy, so that, in the
opinion of the Executive authority, an election cannot be conducted
therein with composure, it shall be competent for the Executive
authority, by proclamation, to give notice of any election, at which the
voters of the said Election District would, in a condition of peace, be
entitled to vote; and by the said proclamation (which- shall be pub¬
lished at least a fortnight before the day fixed for the said election,) to
direct in what neighboring Election Districts the said voters may vote
at the said election, and'at what places therein, and how and by whom
the said election shall be conducted, and how, when and where the re¬
sult of the said election shall be ascertained and declared. An election
had under the provisions of the proclamation aforementioned shall be
as valid and effectual as if it had been regularly had in the Election
District first abovementioned.
Done at Columbia, the sixth day of January, in the year of our Lord
one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
' * Attest: B. F. Arthur, Clerk.
THIRD SESSION.
785
The State op South Carolina. '
At a Convention.of the People of the State of South Carolina, reas-
. sembled by appointment of the President thereof, at Columbia, on
the twenty-sixth day.of December, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by
divers adjournments, to the sixth day of January, in the year of
our Lord one thousand eight hundred and sixty-ttfo.
AN ORDINANCE
To enable citizens of this State, who are engaged in military service,
to exercise the right of Suffrage.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and ordained :
Sec. 1. That all citizens of this State, who are engaged in the mili¬
tary service either of this State or of the Confederate States, and on that
account are absent from their respective Election Districts at the time
of any general or District election, shall be entitled to exercise the right
of suffrage in all respects as fully as they could do were they present
in their respective Election Districts.
Sec. 2. That for the purpose of enabling such persons so to exercise
the right of suffrage, it shall-be their privilege, when any two or more
may be at the same camp, or other place where soldiers are congregated,
to have opened at such camp or other place, a poll, to be managed by
any two commissioned officers, citizens of this State, who may be by
such voters selected to manage the same.
Sec. 3. That before entering upon the management of such poll, the
Managers shall take "the oath prescribed by fhe laws of this State to be
administered to Managers of Elections, which oath they are hereby
authorized to administer to each other; and they are further empowered
to administer to the voters the oath prescribed for that purpose by the
laws of this State.
Sec. 4. That in the management of such poll, the Managers • shall
make a schedule containing—
1. A caption, setting forth the place and time such election was
held, and the Election District and the office for which it was held."
2. The names of all the voters, enrolled, by the Managers, and sub¬
scribed by the voters to the oath administered to each; each voter
99
786
ordinances of the
affixing his signature, by his own hand, opposite to his name enrolled by
the Managers.
3. An attestation signed by the Managers.
Sec. 5. That immediately on closing the poll, the Managers shall
proceed to count the ballots, and shall subjoin to the schedule above
mentioned, a certificate, under their hands, setting forth the fact of
counting and the number of votes cast for each individual. And the
Managers shall thereupon enclose the said schedule and certificate, under
sealed cover, addressed to the Clerk of the Court of the Judicial Dis¬
trict in which such Election District may be situated,.and endorsed
" Election Return for Election District, for office of ,"
and transmit the same by mail,'or by some messenger to be employed
at the expense of the voters. And if the election shall be for a mem¬
ber of Congress, with the said schedule and certificate, shall be en¬
veloped the ballots cast.
Sec. 6. That the said poll shall be opened on the day fixed for
such election to be had in the Election District to which it pertains, or
on any day within ten days preceding that da.y (not computing that
day), and at such hours as the Managers may designate as most con¬
venient.
Sec. 7. That it shall be the duty of the Clerk of the Court by whom
any such election return may have been received, to deliver or transmit
the same to the Managers of Elections for such Election District, on or
before the day on which they may assemble at thevCourt House or other
place appointed by law for declaring such election. And the Managers
so assembled shall proceed to aggregate the returns which may be thus
received with the returns which shall have been made, by them from
the District precincts, and shall declare the election as now provided
by law; and, if the election be for a member of Congress, shall trans¬
mit the schedule, certificate and ballots aforementioned, to the office of
the Secretary of State, along with the ballots cast in the Election Dis¬
trict.
Sec. 8. The Executive authority shall cause to be prepared and sent
to the Colonels of the various Regiments of this State engaged in
actual service, blank forms for the schedules and certificates above re¬
quired, which shall contain the oaths of Managers and voters.
Sec. 9. That this Ordiuance shall continue of force only during the
continuance of the existiug war between the Confederate States of
America anj the United States; and shall be, and is hereby declared
to be, a substitute for the provisions of an Act of the General Assem-
THIRD SESSION".
787
bly of this State, entit.Ied "An Act to enable Volunteers in the Mili¬
tary service to exercise the right of suffrage," ratified the twenty-first
day of December, in the year of our Lord one thousand eight hundred
and sixty-one : Provided, That in any election which may be held for
a District officer, before the first day of February next, the said Act
shall prevail according to its terms and provisions.
Done at Columbia, on the sixth day of January, in the year of our,
Lord one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
-Attest: F. Arthur, Clerk.
788
ORDINANCES OF THE
The State of South Carolina.
At-a Convention of the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Columbia,
on the twenty-sixth day of December, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued, by
divers adjournments, to the sixth day of January, in the year
of our Lord one thousand eight hundred and sixty-two.
AN ORDINANCE
To suspend in part the operation of an Act of the General Assembly,
entitled "An Act fcr regulating and* fixing the Salaries of several
Officers, and fer Other purposes therein mentioned."
We, the People of the State of South Carolina, in Convention assem¬
bled, do declare and ordain, and it is hereby declared and ordained:
That the operation of the third section of an Act of the General
Assembly, entitled "An Act for regulating and fixing the salaries of
several officers, and for other purposes therein mentioned," ratified the
twenty-seventh day of March, one thousand seven hundred and eighty-
seven, be, and the same is hereby, suspended until the end of the exist¬
ing war and the close of the regular session of the General Assembly
next following thereafter.
Done at Columbia, the sixth day of January, in the year of our Lord
one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
Attest: B. F. Arthur,, Clerk.
THIRD SESSION.
789
The State op South Carolina.
At a Convention of- the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Columbia,
on the twenty-sixth day of December, in the year of our Lord
one thousand eight hundred and sixty-one, and thence continued
■ by divers adjournments, to the seventbday of Januaj-y, in the year
of our Lord one thousand eight hundred and sixty-two.
AN ORDINANCE
Further to Provide for the Harbor and Coast Defences of the State.
• We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and ordained:
That the sum of three hundred thousand dollars, if so much be neces¬
sary, be appropriated out of any moneys in the Treasury of the State,
for the building of a marine battery or ram, and for the construction
or purchase of other vessels adapted to coast and inland defences; and
the.Governor and Council are hereby empowered, on consultation with
the officer of the Confederate Navy, for the time being in command of
,tlie military district, whereof the city of Charleston is a part, to order
the building or purchase of said battery or vessels.
Sec. 2. That any person or persons, for the time being not in the ac¬
tual service of this State or the Confederate States, in.their military or
naval organizations, who shall, in the further progress of this war, cap¬
ture or sink, burn or otherwise destroy, any armed ship or vessel be¬
longing to, or in the service of, the United States, invading the waters
within this State, or coming withirf three marine leagues of its coast,
shall be entitled to a bounty of twenty dollars for each person on board
said armed ship or vessel of the United States at the commencement
of the assault or engagement, and who may or shall be destroyed
thereby; and a bounty of thirty dollars for each and every person by
him or them captured in said assault or engagement, and safely brought
into j^prt and delivered over to the military authority of the district
into which such entry may be made, to be by said authority safely kept
as prisoners of war.
Sec. 3. That any person or persons not, for the time being, in the ac¬
tual service of this State or the Confederate States, in their military or
naval organizations, who shall, in the further progress of this war,
capture or sink, burn or otherwise destroy, any transport or other un-
790
ORDINANCES OF THE
armed ship or vessel belonging to, or in the service of, the United
States, and found on the waters within this State, or within three
marine leagues of its coast, shall be entitled to a bounty of fifteen dol¬
lars for each person on board said ship or vessel of the United States
at the commencement of the said capture or sinking, burning or other
destruction of the same, and who may be destroyed thereby; and a
bounty of twenty-five dollars for each and every person by him or them
so captured, and safely brought into port and delivered over to the
military authority of the district into which such entry may be made,
to be by said authority safely kept as prisoners of war. And a further
bounty of ten dollars per ton shall be paid to any person or persons as
aforesaid, who shall, in the future progress of this war, sink, burn or
otherwise destroy, any armed vessel or transport or other unarmed ship
within the whters of this State, or within three marine leagues of its
coast, belonging to or in the employ of the United States.
Sec. 4. That any transport or other unarmed ship or vessel that shall
be captured as aforesaid, shall, in whole or in part, be the property of
the captors ; so, also, shall be the cargo with which said vessels may be
freighted, and an order for the sale Or other appropriation of both ves¬
sels and cargo shall, on a proper showing, be summarily granted by any
Judge or Chancellor exercising authority within the limits of the State.
Sec. 5. That any Judge or Chancellor exercising authority within the
limits of this State, is hereby authorized and empowered to hear and
summarily determine to what amount the bounties prescribed by this
Ordinance shall extend, and all amounts decreed as aforesaid shall be
paid out of the Treasury of the State on certificate of award signed
by the Judge or Chancellor making the same, and countersigned by
the Executive authority of this State.
Done at Columbia, the seventh day of January, in the year of our
Lord one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
THIRD SESSION.
791
The State oe South Carolina.
At a Convention of the People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Columbia,
on the twenty-sixth day of December, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued, by
divers adjournments, to the eighth day of January, in the year of
our Lord one thousand eight hundred and sixty-two.
AN ORDINANCE .
In relation to a Portion of the Militia.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and orclain, and' it is hereby declared and ordained:
Sec. 1. That no part of the militia law shall stand in the way of the '
power of the Governor and Council to organize and call into service
any portion of the militia of this State, in such manner and under such
regulations as may seem "most expedient.
Sec. 2. That the Regiment in Charleston, lately known as the Re¬
serves, be made a part of the militia of the State, under ,the same
name, with the same organization, and thd same officers as they re¬
cently had, who shall take rank from the date of the commissions
which were irregularly given them; and the said Regiment are at¬
tached- to the Fourth .Brigade of Militia Infantry: Provided, That
before the twentieth day of the present month the Regiment shall arm
itself and' report to the Brigadier General of said Brigade: And
provided, That no person shall be enrolled in said Reg'ment, except
those who, by the Act of Assembly, ratified the seventh day of Decern-,
ber, one thousand eight hundred and sixty-one, are exempt from all
militia duty, or from ordinary militia duty. •
Sec. 3. That during the continuance of this war, whenever any
volunteer company shall be reduced below the number required by the
Act of 1811, the Colonel commanding the Regiment to which such
company belongs, shall give the Captain or other officer commanding
the said company, notice to recruit his company to the number re¬
quired, in ten days; and in case of his failure to do so, the company
shall be disbanded, and the Colonel shall divide the members of sucli
company among such of the other companies of the Regiment as are
weakest in number, in which they shall be obliged to serve, as if they
had originally joined them: Provided, That no volunteer company
792 . OKDINANCES OF THE
shall have more than eighty privates, besides the usual number of offi¬
cers and non-commissioned officers.
I Hone at Columbia, the eighth day of January, in the year of our
Lord one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
Attest: B. F. Arthur, 6lerk.
THIRD SESSION.
793
The State op South Carolina.
At a Convention of the People of the State of South Carolina, reas¬
sembled by appointment of the President thereof, at Columbia, on
the twenty-sixth day of December, in "the year of our Lord one
thousand eight hundred and sixty-qne, and thence continued by
divers adjournments, to the seventh day of January, in the year
of our Lord one thousand eight hundred and sixty-two. ,
AN ORDINANCE
Por strengthening the Executive Department during the exigencies of
the present War.
We, the People of the State of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and ordainedt
as follow^:
Sec. 1. Until the present war between the Confederate States of
America and the United States shall have been terminated, and the
forces raised in this State for the prosecution thereof shall have been
disbanded, or until it shall be'otherwise ordained by the People in Con¬
vention, the^jrovernor shall be assisted, as is hereinafter directed, in
the discharge of the duties imposed, and in the exercise of the powers
conferred upon him under the Constitution and laws of* this State, or
the Ordinances of this Convention, by a Council, to be called the
Executive Council, which shall consist of the Lieutenant Governor and
three other citizens of the State, to be chosen by this Convention, by
ballot, a majority of the votes cast at such election being necessary
to a choice.
Sec. 2. The Governor and the Executive Council, acting together, shall
have power to declare martial law to such extent, in such places, and
at such times, as shall be required by the exigency of public affairs; to
arrest and detain all disloyal or disaffected, persons, whose being at
large they shall deem inconsistent with the public safety ; to order and
enforce (subject to the owner's right to receive due compensation from
the State) such disposition of private property or appropriation thereof
for'public uses as the public good shall appear to them to require; to
make, and cause to be executed, all such orders, regulations and ar¬
rangements, as they shall, from time to time, find expedient for bringing
into service, organizing and supporting, the whole, or any part, of the
100
794
ORDINANCES OF THE
•population of the^State, to be employed in the public service, and, also,
for maintaining such efficient police as shall,-by them, bethought
necessary; to make, procure or employ arms, munitions of war, and
whatever else may be required for the defence of the State; to consti¬
tute and appoint such agents as shall be necessary for the more efficient
' execution of the powers hereby confided to them; for these purposes*to
draw money from the public Treasury, the Treasurers being bound to
pay their drafts from any money in the Treasury; to make all such
nominations and appointments to military offices as the Governor has
heretofore been authorized to make; to fill all offices and appointments
where there is any vacancy for default of action by the Legislature or
other appointing power, or for default of any provision by law of the
mode of appointment, and to fill, until the next meeting of the People
in Convention, any vacancy which may occur in «the Council by reason
of the death, resignation or removal from the State, of any one of the
three members thereof chosen by the Convention.
Sec. 3. In the discharge of all his duties and the exercise of all his
powers, not hereinbefore enumerated, the Governor is authorized to
consult the Council, and to require, if need be, its advice in writing.
Sec. 4. The Governor and Executive Council may; at their discre¬
tion, arrange some or all of the business to be done by them, into
different departments, assign each-department to one or more members
of the Council, and make rules for the management of a department
or other business. Acts done by either of the departments, in con¬
formity to rules or orders established by the Governor and Council,
shall be valid, but shall be always subject to the control of the Gov¬
ernor and Council.
Sec. 5. The Governor shall have access to the books and papers of
every department, and the opportunity of being, at all times, fully
informed of the condition «of its business; reports to him shall be
made by the heads of departments, when he may require them; and
he shall communicate to Ijrig Convention and to the General Assembly,
at every meeting of either body, full information concerning the trans¬
actions of the Council and the condition of every department.
Sec. 6. If there should be a vacancy in the office of Governor, the
Lieutenant Governor, having succeeded to thatsoffice, shall discharge
the duties herein required of the Governor; and the President of the
Senate, 'having succeeded to the'office of Lieutenant Governor, shall
become a member of the Executive Council.
THIRD SESSION".
795
Sec. 7. The Governor (or if he be necessarily absent, the Lieutenant
Governor,) and. any two of the members of Council elected by this
Convention, shall be sufficient to constitute a quorum •, and the concur¬
rence of a majority of all present, there being a quorum, shall be re¬
quired for the validity of any action in which the Governor and Coun¬
cil are required to act conjointly. If by vacancies, the Council should
be reduced to two or only one, the Governor.for the time being, with
those two. or, that one, shall be sufficient to fill the vacancies in the
places of members chosen by this Convention, until the next meeting of
the Convention.
Sec. 8. The Governor and Council shall keep a record of their pro¬
ceedings, and for this purpose the Special Private Secretary of the
Governor shall be their Secretary without additional pay. This record
shall especially show the reasons for every arrest made by their
authority Any one of them shall have the privilege of filing and thus
preserving as part of the record, his dissent from their action in any
matter. On theffirst day of each meeting of the People in Convention,
the record of all the proceedings of the Governor and Council had prior
thereto, shall be laid before such Convention, and the said proceedings
shall be subject to review,- and to repeal, or such modification by the
Convention as to it shall seein proper.
Sec. 9. The first meeting of the Governor and the Executive Coun¬
cil shall be had within seven days after the adjournment of the present
sitting of this Convention, at a time and- place to be fixed by the
Governor, of which he shall give-notice to each member. Afterwards
^their- meetings shall be regulated by their own orders and'adjourn¬
ments.' '
Sec. 10. Each member of the Council shall receive an annual salary
of two thousand dollars, payable quarterly out of the Treasur/ upon the
draft or order of the Governor.
Sec. 11. The President of the Convention, if in his opinion the
public exigencies shall require, or if he shall be requested iu writing so
to do by any twenty members of the Convention, shall by notice under
his hand duly published, assemble this Convention, without delay, at a
time and place to be by him fixed, and he shall appoint a Committee of'
five members of the Convention, a majority of whom, or the survivors
or survivor of such majority, shall, in case of the death, resignation or
disqualification of the President, have the like authority and be under
the like obligation to assemble the Convention and appoint a time aud
796
ORDINANCES OF THE
place for its meeting; but neither the President of the Convention nor
any member of the said Committee shall be a member of the Executive
Council.
Done at Columbia, on the seventh day of January, in the year of
our Lord one thousand eight hundred and sixty-two.
B. F. Arthur, Clerk.
D. F. JAMISON, President.
THIED SESSION.
797
The State of South Carolina.
At a Convention of the.People of the State of South Carolina, re¬
assembled by appointment of the President thereof, at Columbia,
on the twenty-sixth day of December, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by
divers adjournments, to the eighth day of January, in the year
of our Lord one thousand eight hundred and sixty-two.
AN ORDINANCE
To suspend certain parts of the Constitution of the State of South
Carolina."
We, {he People of the State• of South Carolina, in Convention as¬
sembled, do declare and ordain, and it is hereby declared and ordained:
That until the general election next following the termination
of the war between the Confederate States of America and the United
States, now existing, the following parts of the Constitution of the
State of South Carolina shall be suspended, to wit: Sections Twenty-
ninth an,d Thirty-first of Article First, and the last clause of Section
First of Article. Third.
Done at Columbia, the eighth day of January, in the year of our
Lord one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
Attest : B. F. Arthur, 'Clerk.
798
ORDINANCES OE TIIE
The State of South Carolina.
At a Convention of the People of the State of South Carolina^ reas¬
sembled by appointment of the President thereof, at Columbia,
on the ninth day of September, in the year of our Lord on#
thousand eight hundred and sixty-two, and thence continued by
divers adjournments, to the seventeenth day of the same month.
AN ORDINANCE
■ To amend an Ordinance entitled "An Ordinance for strengthening the
Executive Department during the exigencies of the present war."
Tie, the People of the State of South Carolina, in, Convention' assem¬
bled, do declare and ordain, and it is hereby declared and ordained;
That the " Ordinance for strengthening the Executive' Department
during the exigencies of the present war," ratified in Convention on the
seventh day of January, A. D. 1862, shall be amended as follows :
Sec. I.- The term of office of thoSe members of the Executive Coun¬
cil who were chosen by this Convention shall expire on the second
Monday in December next, and the vacancies thus occurring may be
filled by the General Assembly, by joint ballot of the two houses, any
free white adult male citizen being eligible, and a majority of all the
votes cast being neecessary to an election.
Sec. 2. The Governor shall communicate to the General Assembly,
on the first day of the next session thereof,, full information concerning
the transactions of the Council from the first day of the present session
of this Convention until the time of the said communication, and also
of the condition of every Department, and shah lay before the General
Assembly the record of all the proceedings of the Governor and Council
during the. same time. This communication shall especially inform the
General Assembly of every instance in which any Act of the General
Assembly has been, or shall have been, prior to that time, modified or
suspended by the'action of the Governor and Council, and the reasons
therefor, and ,the General Assembly shall have' authority to review,
repeal or modify such proceedings of the Governor and Council, or any
of them, as to it shall seem proper.
Sec. h. The General Assembly shall have power, by Act of the
Legislature, to modify the constitution of the Executive Council, by
FOURTH SESSION.
799
reducing the number thereof, or restricting the powers conferred there¬
upon by the Ordinance of this Convention, or wholly to abolish the
said Executive Council.
Sec. 4. This Convention shall cease and be dissolved upon the ex¬
piration of two full years from the date of its original organization, to
wit, on the 17th day of December next, at 12 o'clock, noon, but may in
the meantime be assembled upon the call of the President, or in case of
his death or absence from the State, or in ca^e of his inability to act,
by the Committee of five, appointed at the last session of this Conven¬
tion for this purpose, or by a majority of them, or the survivors or sur¬
vivor of such majority, and shall be assembled upon the united-demand
in writing of a majority of the members of this Convention at the time
of such demand.
Done at Columbia, the seventeenth day of September, in the year of
our Lord one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
800
ORDINANCES OF THE
The State of South Carolina.
At a Convention of the People of the State of South Carolina,
reassembled by appointment of the President thereof, at Columbia,
on the ninth day of September, in the year of our Lord one thou¬
sand eight hundred and sixty-two, and thence continued by divers
adjournments to the seventeenth day of the same month.
'AN ORDINANCE
To give to the General Assembly power in reference to certain Ordi¬
nances and Resolutions of this. Convention.
We, the People of the State oj South Carolina, in Convention assem¬
bled, do declare and ordain, and it is hereby declared and ordained:
That the following Ordinances and Resolutions of this Convention shall
be subject to modification or repeal by the General Assembly, to wit:
1 " An Ordinance to Exemp* Overseers from the Performance of
Militia Duty."
2. "An Ordinance in relation to a Portion of the Militia."
3. " An Ordinance to Enable Citizens of the State, who are en¬
gaged in military service, to Exercise the Right of Suffrage." And it
is hereby ordained, that in its action concerning this Ordinance the
General Assembly shall have power, during the time mentioned in the
said Ordinance, to disregard the seventeenth section of the first Ar¬
ticle of the Constitution of the State of South Carolina, so far as to
permit citizens engaged in military service, to vote for a general elec¬
tion on a day or days different from the Tuesday mentioned in that
section, and also to disregard the exception of "non-commissioned offi¬
cers and private soldiers of the Confederate States of America," con¬
tained in the thirteenth section of the first. Article of the said Consti¬
tution, so far as the same might be considered to affect such citizens
engaged in the military service of the Confederate States, whether
volunteers or conscripts.
4. " An Ordinance to provide for the Removal of Negroes and other
Property from portions of the State which may be invaded by the ene¬
my." And it is hereby ordained that the eighth section of * this
Ordinance be so amended as to require the report therein mentioned
to be made to the General Assembly on the first day of every session
thereof.
5. The Resolution annexed to the Ordinance last mentioned, in
reference to persons willing to remove in anticipation of an order.
FOURTH SESSION.
801
6. The Resolutions subjoined to the Report of the Special Commit¬
tee No. 2, which Resolutions relate to the removal of persons from the
city of Charleston,, who, by reason of age, sex or infirmity, are inca¬
pable of taking part in its defence.
Done at Columbia, the seventeenth day of September, in the year
of our Xiord one thousand eight hundred and sixty-two.
D. F. JAMISON, President.
Attest: B. F. Arthur, Clerk.
301
THE
CONSTITUTION
of the
STATE OF SOUTH' CAROLINA,
APRIL 8, 1861.
' We, the People of the State of' South Carolina, in Preamb1®-
Convention assembled, do ordain and establish this Con¬
stitution, for the Government of the said State:
ARTICLE I.
Section1 1. The Legislative authority of this State legislature,
shall be vested in a General Assembly, which shall con¬
sist of a Senate and House of Representatives.
Section 2. The House of Representatives shall be
composed of Members, chosen by ballot, every second fy°Sb°^atnd
year, by the.citizens of this State, qualified as in this time-
Constitution is provided.
Section 3. The Election Districts in this State shall D^tricu°n
be as follows, to wit:
/ Charleston, (including St. Philip and St.
Michael,)
1. Christ Church,
3 St. John, Berkeley,
u St. Andrew,
j— St. George, Dorchester,
£ St. James, Goose Creek,
rj St. Thomas and St. Dennis,
g- St. Paul,
804
CONSTITUTION.
st. bartholgmew,
St. James, Santee,
St. John, Colleton,
St. Stephen,
St. Helena,
St. Luke,
Prince William,
St. Peter,
All Saints, (including its ancient bound-
« aries,)
Win yaw, (not including any part of All
Saints,)
Kingston, (not including any part of All
Saints,) ^
Williamsburg,
Marion,
Marlborough,
Chesterfield,
Darlington,.
York,
Chester,
Fairfield, .
Richland,
Lancaster,
Kershaw,'
Sumter,
Clarendon,
Abbeville,
Edgefield,
■Newberry,
Laurens,
Union,
Spartanburg, (heretofore called Spartan,)
Greenville,
Anderson,
Pickens,
St. Matthew,
Orange,
Barnwell,
Lexington.
CONSTITUTION. 805
Section. 4. The boundaries o.f the Election Districts boundaries
of Districts.
shall remain as they have heretofore been established.
Section 5. The House of Representatives shall con- 124 Repre-
. • TiTi 1 sentatives,
sist 01 one hundred and twenty-lour Members, to be
apportioned among the several Election Districts of the apportioned
State, according to the number of white inhabitants white'popu"
contained, and the amount of all taxes raised by the
Legislature, whether direct or indirect, or of whatever and
species,' paid in each, deducting therefrom all taxes paid Taxes,
on account of property held iu any other District, and
adding thereto all taxes elsewhere paid on account of
property held in such District; an enumeration of the Census to
white inhabitants, for this purpose, was made in the year
one thousand eight hundred and fifty-nine, and .shall' be
made in the course of every tenth year there'after, in
such manner as shall be by law directed; and Represen¬
tatives shall be assigned to the different Districts, in
the above-mentioned proportion, by Act of the Legisla¬
ture, at the session immediately succeeding every enu-
mex*ation.
Section 6. If the enumeration herein directed should omission
not be made in the course of the year appointed for the plied. SUP/
purpose, it shall be the duty of the Government to have
it effected as soon thereafter as shall be practicable.
Section 7. In assigning Representatives to the seve- Fractions,
ral Districts of this State, the Legislature shall allow one
Representative for every sixty-second part of the whole
number of white inhabitants in the State; and one Rep¬
resentative, also, for every- sixty-second part of the
whole taxes raised by the Legislature of the State. T,he
Legislature shall further allow one Representative for
such fractions of the sixty-second part of the white
inhabitants of th-e State, and of the sixty-second part
of the taxes raised by the Legislature of the State,
as when added together, form a unit.
Section 8. In every apportionment of representation"egTaxes,how
which shall take place after the first apportionment, the
806
CONSTITUTION.
amount of taxes shall be estimated from the average of
the ten preceding years.
each Dis- Section 9. If, in the apportionment of Representa-
trict one Re- . . . , . , • 1 ,
preservative, tives, any Election District shall appear not to be entitled,-.
from its population and its taxes, to a Representative,
such Election District sliaJJ nevertheless send one Rep¬
resentative; and if there should be still a deficiency of
the number of Representatives required by section fifth,
such deficiency shall be supplied by assigning Represen¬
tatives to those Election districts having the .largest
surplus fractions, whether those fractions consist of a
combination of population and taxes, or of population,
or of taxes separately, until the number of one hundred
and twenty-four members be provided.
When ap-
shaiiTake ef- Section 10. No apportionment of Representatives
fect- shall be construed to take effect, in any manner, until
the general election which shall succeed such apportion¬
ment.
Senators. . gECTI0N 11. The Senate shall be composed of one
member from each Election District, except the Dis¬
trict formed by the Parishes of St. Philip and St. Mi¬
chael, to which shall be allowed two Senators as
heretofore.
Section 12. The Senators having been. heretofore
divided, by lot, into two classes, the seats of the Sena¬
tor's of the first class shall be vacated at the expiration
of the second year, after the Monday following a general
election, and of the second class at the expiration of the
fourth year; and the number of these classes^shall be
' so proportioned that one-half of the whole number of
Senators may, as nearly as possible, continue to be
chosen thereafter every second year.
Qualifica¬
tion of voters Section Id. Every free white man of the age of
twenty-one years, paupers, and non-commissioned officers
and private soldiers of the army of the Confederate
States of America excepted, who hath been a citizen
and resident in this State two years previous to the day
Classed.
CONSTITUTION.
807
of election, and who hath a freehold of fifty acres of
land, or a town lot/of which he hath been legally seized
and possessed at least six months before such election;
or not having such freehold or town lot, hath been a
resident in the Election District, in which he offers to
give his vote, six months before the said election, shall
have a right to vote for a member, or members, to serve
in either branch of the Legislature for the Election Dis ■
trict in which he holds such property, or is so resident.
Section 14. The returning officer, or any other per- How
° . proved or ex-
son present, entitled to vote, piay require any person, amiued.
who shall offer his vote at an election, to produce a cer¬
tificate of his citizenship, and other qualification, enti¬
tling him to vote, or to swear, or affirm, that he is duly
qualified to vote, agreably to this Constitution.
Section 15. No person shall be eligible to a seat in qualifies-
r ° # tion of Rep-
the House of Representatives unless he is a free white reseutativfes.
man, of the age of twenty-one years, and hath been a
citizen and resident in this State three years previous to
his election. If a resident in the Election District, he
shall not be eligible to a seat in the House * of Repre¬
sentatives unless he be legally seized and possessed) in
his own right, of a settled freehold estate of five hun¬
dred acres of land and ten negroes; or of a real estate
of the value of one hundred and fifty pounds, sterling,
clear of debt. If a non-resident, he shall be legally
seized and possessed of a settled freehold estate therein
of the value of five hundred pounds, sterling, clear of
debt.
Section 16. No person shall be'eligible to a seat in who shall
the Senate unless he is a free white man, of the age of bieto the*
thirty years, and hath been a citizen and resident in this
State five years previous to his election. If a resident
in the Election District, he shall not be eligible, unless
he be legally seized aqd possessed, in his -own right, of
a settled freehold of the value of three hundred pounds,
sterling, clear of debt. If a non-resident in the Election
District, he shall not'b'e eligible, unless he be legally
808
CONSTITUTION.
seized and possessed, in his own right, of a settled free"
hold estate, in the said District, of the value of one
thousand pounds, sterling, clear of debt.
When to
meet, and
where. *
members Section 17. Senators and Members of the House of
Mature, when Representatives shall be chosen at a general election'on
chosen. Tuesday after the second Monday in October, in the
year of our Lord one thousand eight hundred and sixty-
two, and on the same day in every second year there¬
after, in such manner and for such terms of office as are
herein directed. They shall meet on the fourth Monday
in November, annually, at Columbia (which shall remain
the seat of Government until otherwise determined by
the concurrence of two-thirds of both branches of the
whole representation), unless the casualties of war, or
contagious disorders, should .render it unsafe to meet
there; in either of which cases, the Governor, or Com¬
mander-in-Chief, for the time being, may, by proclama¬
tion, appoint a more secure and convenient place of
meeting. From the next general election shall, how¬
ever, be excepted 'those Senators now in office, whose
term of service will not expire in the year one thousand
eight hundred and sixty-two.
Senators
excepted.
Terms
office.
Section 18. The terms'of office of the Senators and
Members of the House of Representatives shall begin
du the Monday following a general election.
Validity of
elections—
how deter¬
mined.
Adjourn¬
ment from
day to day.
Each
House to
elect their
own cffieers
Section 19. Each House shall judge of the elections,
returns and qualifications of its own Members; and a
majority of each House shall constitute a quorum to do
business; but a smaller number may adjourn from day
to day, and may be authorized to compel th£ attendance
of absent Members in such manner and under such pen¬
alties as may be provided by law.
Section 20. Each House shall 'choose, by ballot, its
own officers, determine its rules of proceeding, punish
its Members for disorderly behavior, and with the con¬
currence of two-thirds, expel a Member, but not a second
time for the same cause.
CONSTITUTION. 809
Section 21. Each House may punish, by imprison- hot^To
ment during; its sitting, any person not a Member^ who ^teuipt.
shall >be guilty of disrespect to the House by any disor¬
derly or contemptuous behavior in its presence; or who,
during the time of its sitting, shall threaten harm to
body or estate of any member for anything said or done
in either House, or who shall assault any of them there¬
for, or who shall assault or arrest any witness, or other
person, ordered to attend the House, in his going to or
returning therefrom,' or who shall rescue any person
arrested by order of the House.
Sectiqn 22. The Members of both Houses shall be of ^"bers
protected in their persons and estates during their attend- ^tgStheil'°s~
ance on, going to, and returning from the Legislature,
and ten days previous to the sitting, and ten days after
the adjournment of the Legislature. But these privi¬
leges shall not be extended so as to protect any Member
who shall be charged with treason, felony, or breach of
the peace.
Section 23. Bills for'raising a.revenue shall originate bmse.Tenue
in the House of Representatives, but may be altered, ,
amended or rejected by the Senate ; and all other bills otberbllIs-
may originate in either House, and may be amended,
altered or rejected by the other.
Section 24. No Bill or Ordinance shall have the force gi^thefor*^'
of law until it shall have been read three times, and on otalaw-
three several days, in each House; has had the great
seal affixed to it, and has been signed in the Senate
House by the President of the Senate and Speaker of
the House of Representatives.
Section 25. No money shall be drawn out of the . only neg-
. . lslature to
Public Treasury, but by the legislative authority of the draw money.
State.
Section 26. The. Members of the Legislature, who Compensa-
shall assemble under this Constitution, shall be entitled bers.
to receive out of the Public Treasury, for their expenses
102
810
CONSTITUTION.
during their attendance on going to and returning from
the Legislature, the compensation now fixed by law; and
the same may be increased or diminished by law, if cir¬
cumstances shall require ; but no alteration shall be made
by any Legislature to take effect during the existence of
the Legislature which shall make such alteration.
■ Adjourn- Section 27. Neither House, during their session,
ment of 7 ~ '
House.- without the'consent of the other., shall adjourn for more
than three -days, nor to any other place than that in
which the two Houses shall be sitting.
Regulation • Section 28. No Bill or Ordinance, which shall have
about bring- 7
ing in Mils, been rejected by either House, shall be brought in again
&c., once re- J J 7 -co
jected. during the sitting, without leave of the House, and
notice of six days being previously given.
what per- Section 29. No person shall be eligible to a seat in
eluded from the Legislature whilst he holds any office of profit or
trust under this State, the Confederate States of America,
or either of them, or under any other power, except
officers in the militia, army, or navy of this State, Jus¬
tices of the Peace, or Justices of the County Courts,
while they receive no salaries; nor shall any contractor
of the army or navy of this State, the Confederate
States of America, or either of them, or the agents of
such contractor, be eligible to a seat in either House.
And if any Member shall accept or exercise any of the
said disqualifying offices he shall vacate his seat.
how va- Section 80, If any Election District shall neglect to
cancies iu J °
the ifgisp- choose a Member, or Members, on the day of election, or
ture shall be 7 1 * 7
filled. if &ny person chosen a Member of either House should
refuse to qualify and take hi& seat, or should die, depart
the State, or accept any disqualifying office, a writ of
election shall be issued by the President of the Senate
or Speaker of the House of Representatives, as the case-
may be, for the purpose of filling up the vacancy there¬
by occasioned, for the remainder of the term for which
the person so refusing to qualify, dying, departing the
State, or accepting a disqualifying office, was elected to
serve.
CONSTITUTION.
811
Section 31. And whereas the ministers of the Gos- ex^®^men
pel are, by ' their profession, dedicated to the service of
God and the cure of souls,"and ought not to be diverted
from the great duties of their function ; therefore, no
minister of the Gospel, or public preacher of any
religious persuasion, whilst he continues in the exercise
of his pastoral functions, shall be eligible to the office of
Governor, Lieutenant Governor, or to a seat in the Sen¬
ate or House of Representatives.
ARTICLE II.
Section T. The Executive -authority of this State Executive,
shall be vested in a Governor, to be chosen in the man-
How
ner following: As soon as may be after the first meeting chosen—for
of the Senate and House of Representatives, and at y6arS
every first meeting of the House of Representatives
thereafter, when a majority of both Houses shall be
present, the Senate and House of Representatives shall .
jointly, in the House of Representatives, choose by bal¬
lot a Governor, to continue for two years, and until a
new election shall be made.
Section 2. No person shall be eligible to the office of Quaiifica-
- tion of Uov-
Governor unless he hath attained the age of thirty years, emor.
and L ai resided within the State, and been a "citizen
thereof, ten years, and unless he be seized and possessed
of a settled estate within the same, in his own right, of
the value of fifteen hundred pounds, sterling, clear of
debt.
• No person having served two years as Governor shall
be reeligible to that office till after the expiration of years-
four years.
No person shall hold, the office of ^rovernof, and any Disqiwiifi-
other office, or commission, civil or military, except in
the militia, either in this State, or under the Confederate
States of America, or either of them, or under any other
power, at one and the same time.
Section 3. A Lieutenant Governor shall be chosen Eieuten-
ani Governor
at the same time, in the same manner; continue in office —how
. ' • chosen, &c.
812
CONSTITUTION.
for the same'period, and be possessed of the same quali¬
fications as the Governor.
Memter of Section 4. A Member of the Senate or House of
Legislature ...
vacates his Representatives being chosen, and acting *as Governor
seat on being „ , .
chosen Gov- or Lieutenant Governor, shall vacate his seat, and another
Lieuterant- person shall be elected in his stead.
Governor.
Vacancies Section 5. In case of the impeachment of the Gov-
<—how filled. # A # # »
ernor, or his removal from office, death, resignation, or
removal from the> State, the Lieutenant Governor shall
succeed to his office. And in case of the impeachment
of the Lieutenant Governor, or his removal from office,
death, resignation, or removal froih the State, the Presi¬
dent of the Senate shall succeed to his office, until a
nomination to those offices, respectively, shall be made
by the Senate and Plouse of Representatives, for the
remainder of the time for which the officer so impeached,
removed from office, dying, resigning, or removed from
the State, was elected.
^ Governor Section 6. The Governor shall be Commander-in¬
arm > , &c. Chief of the army and navy of this State, and of the
militia, except when they shall be called into the actual
■ service of the Confederate States of America.
May grant Section 7. He shall have power to grant reprieves
and pardons after conviction, except in cases of impeach¬
ment, in such manner, on such terms, and under such
restrictions as he shall think proper; and he shall haVe
power t-o, remit fines and forfeitures, unless otherwise
directed by law.
Shall exe- Section 8. He shall take care that the laws be faith-
cute the
laws. fully executed, in mercy.
May pro- Section 9. He shall'have power • to prohibit the ex¬
hibit the ex- . , . .
portation of portation of provisions, for any time not exceeding
provisions. ...
thirty days.
His com- Section 10. He shall, at stated times, receive for
pensation. . € '
his services a-compensation, which shall be neither in-
CONSTITUTION. 813
creased nor diminished, during the period for which he
shall have been elected.
Section 11. All the officers in the Executive Depart- offiee?™rhin
ment, when required by the Governor, shall give him ffon^Gtoy".
information, in writing, upon any subject relating to the emor-
duties of their respective offices.
Section 12. The Governor shall, from time to time, GoYernor
' .' shall give ln-
give to the General Assembly information of the condi- formation to
o • ' • • Assembly.
tion ot the State, and recommend to their consideration
such measures as he shall judge necessary or expedient.
Section 13. He may, on extraordinary occasions, y^^he c°a~
convene the General Assembly, and in case.of disagree- As>-
* ? , . ° semblyonex-
ment between the two Houses, with respect to the time traordinary
1 occasions,
of adjournment, adjourn them to such time as he shall and adjourn
. Legislature
think proper, not beyond the fourth Monday in the when thex
cannot agree,
month of November then ensuing.
ARTICLE III.
Section 1. The judicial power shall be vested in such Judiciary.
Superior and Inferior Courts of Law and Equity as the Courts of
. haw and
Legislature shall from time to time direct and establish. Equity.
The judges of each shall hold their commissions during Judges
• eio •/-! Sha11 b0ld
good behavior; and Judges of the Superior Courts shall, commissions
. . . . „ . . . during good
at stated times, receive a compensation tor their services, behavior, re-
which shall neither be increased nor diminished during pensatiou,
their continuance in office ; but they shall receive no fied from
fees or perquisites of office, nor hold any 'Other office of 0tkerUoffice.y
profit.or trust, under this State, the Confederate Statep
of America, or any other power.
Section 2. The stvle of all process shall he, f The style of
J 1 process. '
State of South Carolina." All prosecutions shall be
carried on in the name.and by the authority of the State .
of South Carolina, and conclude—"Against the peace
and dignity of the same."
814
CONSTITUTION.
ARTICLE IV.
Oath All persons who shall be elected or appointed to
any office of profit or trust, before entering on the exe¬
cution thereof, shall take (besides special oaths not re¬
pugnant to this Constitution, prescribed by the General
Assembly) the following oath : "I do solemnly swear
(or affirm) that I will be faithfuj, and true allegiance
bear to the State of South Carolina, so long as I may
continue a citizen thereof; and that I am duly qualified,
according to the Constitution- of this State, to exercise
the office to which I have been appointed ; and that 1
will, to the best of my ability, discharge the duties
thereof, and preserve, protect and defend the Constitu¬
tion pf this State, and that of the Confederate States of
America. So help me God."
ARTICLE V.
r presen- Section 1. The House of Representatives shall have
tatives stKill , % #
iiupeach- the sole power of impeaching ; but no impeachment shall
be made, unless with the concurrence of two-thirds of
the House of Representatives.
Senate to Section 2. All impeachments shall be tried by the
meuts.peaCh Senate. When sitting for that purpose, the Senators
shall be on oath, or affirmation, and no person shall be
convicted without the concurrence of two thirds of the
Members present.
who liable Section 3. The Governor, Lieutenant Governor, and
mentmpUlCh all civil officers shall be liable to impeachment for high
crimes, and misdemeanors, for any misbehavior in office,
for corruption in procuring office, or for any act which
punish- shall degrade their official character. But judgment in
ofconvRtioQ6 such cases shall not extend further than to removal from
office and disqualification to hold any office of honor,
trust or profit under this State. The party convicted
shall, nevertheless, be liable .to indictment, trial, judg¬
ment and punishment, according to law.
CONSTITUTION.
815
Section 4. All civil officers, whose authority is lim-; AU ws-
. . . tnct offices
ited to a single Election District, a single Judicial Dis- to bereguia-
. . . ted by law.
trict, or part of either, shall be appointed, hold their
office, be removed from officej and in addition to liability
to impeachment, may be punished for official miscon¬
duct in such manner as the Legislature, previous to
their appointment, may provide.
Section 5. If any civil officer shall become disabled removal
. . , f*or infirmity,
from discharging the duties of his office, by reason of
any permanent bodily or mental infirmity, his office may
be declared to be vacant by joint resolution, agreed to
by two-thirds of the whole Representation in each branch
of the Legislature. Provided, That such resolution
shall contain the grounds for the proposed removal, and,
before it shall pass either House, a copy of it shall, be
served on the officer, and a hearing be allowed him.
ARTICLE YI.
Section 1. The Judges of the Superior Courts, the How °ffi-
S 1 cers shall be
Commissioners of the Treasury, Secretary of the State, elected,
and Surveyor-General, shall be elected by the joint bal¬
lot of both Houses, in the House of Representatives.
The Commissioners of the Treasury, Secretary of the Limitati<>"
* 7 - J of some com-
State, and Surveyor-General, shall hold their offices for missions,
four years, but shall not be eligible again for four years
after the expiration of the time for which they shall
have been elected.
Section 2. All other officers shall be appointed as om-
, , , cers. howap-
they hitherto have been, until otherwise directed by law; po*,chte4^ t
but a Sheriff shall not be agafn eligible for four years re-eiigibie
after the term for which he shall have been elected.
Section 3. All commissions shall ,be in the name Style of
and by the authority of the State of South Carolina, and commi~Rlon8*
be sealed, with the seal of the State, and be.signed by
the Governor.
816
CONSTITUTION.
ARTICLE VII.
co^tinue^of" 'aws f°rce iQ this State, at the passing of this
altered U1 Constitution, shall so continue, until altered or repealed
by the Legislature, except where they are temporary, in
which case they shall expire at the times respectively
limited for their duration, if not continued by Act of
the Legislature.
ARTICLE VIII.
free exer- Section 1. The free exercise and enjoyment of re¬
vise of anv ... «. . . . , .....
reiipous pro-hgious profession and worship, without discrimination or
preference, shall forever hereafter be allowed within
Proviso, this State, to all mankind: Provided, that the liberty of
conscience hereby declared shall not be,so construed as
to excuse acts of licentiousness, or justify practices in¬
consistent with the peace or safety of this State.
Rights, &e. Section 2. The rights, privileges, immunities and
preserved to c 7 f a J
corporate estates of both civil and religious societies, and of corner-'
and other B, J *■
bodies. ate bodies, shall remain as if the Constitution of this
State had not been altered or amended.
ARTICLE IX.
Deciara- Section 1. All power is orio-inally vested in the
tion of rights ,
■ people, and all free governments are founded on their
authority, and are instituted for their peace, safety and
happiness.
' Section 2. No freeman of this State shall be taken
or imprisoned, or disseized of his freehold, liberties or
privileges, or outlawed, or exiled, or in any manner de¬
stroyed or deprived of his life, liberty or property, but
by the judgment of his peers, or by the law of the land ;
nor shall any bill of attainder, ex post facto law, or law
impairing the obligation of contracts, ever be passed by
the Legislature of this State.
CONSTITUTION.
817
Section 3. The military shall be subordinate to the
civil power.
Section 4. Excessive bail shall not be required, nor
'excessive lines imposed, nor cruel punishments inflicted.
Section 5, The Legislature shall not grant any title
of Jiobility, or hereditary distinction, nor create any
office, the appointment to which shall be for any longer
time than during good hehayior.
Section 6. The trial by jury, as heretofore used in
this State, and the liberty of the press, shall be forever
inviolably preserved.
Section 7- Th<? rights of primogeniture shall not be
reestablished, and there shall not fail to be, Some legis¬
lative provision for the equitable distribution of the
estates of intestates.
ARTICLE X.
Section 1. The business of the Treasury shall be in treasury
future conducted by two Treasurers, one of whom shall ducted,
hold his office and reside in Columbia, the other shall
hold his office and reside in Charleston.
Section 2. The 'Secretary of State and the Surveyor AndSecre-
General shall hold their offices both in Columbia and
Charleston. They shall reside at one place, and their
deputies at the other.
Section 3. The Judges shall, at such times and ^ times and
places as shall be prescribed by Act of the Legislature the meetings
• ci -!•/•! . °f Judges at
oi this State, meet and sit, tor the purpose of hearing discretion of
and determining all motions which may be made for
new trials, and in arrest of judgment,: and such points
of law as may be submitted to them.
Section 4. The Governor shall always reside, during .governor
/•it-, , i i T • sha11 reside
the sitting ot the. Legislature, at the place where their where Legis-
ci iiii i hi • i ' liture sits
Session may be held; and at all other times where- during Ses-
ever, in his opinion, the publig good may require. "
,103
818
CONSTITUTION.
ARTICLE XI.
to^be^caUed Section 1. No Convention of the People shall be
JiT-tr0"*.!. called, unless by the concurrence of two-thirds of both
thirds of the ' J
Legislative, branches of the whole Representation.
Constitu- Section 2. No part of this Constitution shall be al-
tion—how r
altered. tered, unless a bill to alter the same shall have been
read, on three several days, in the House of Represen¬
tatives, and on three several days in the Senate, and"
agreed to at the second and third readings, by two-
thirds of 'the whole Representation in each branch of
the Legislature; neither shall ah/ alteration take place
until the bill so agreed to be published three months
previous to a new election for Members of the House of
Representatives; and if the alteration,proposed by the
Legislature shall be agreed to, in their first Session, by
two-thirds of the whole Representation, in each branch
of the Legislature, after the same shall have been read
on three several days in each House, then, and not other¬
wise, the same shall become a part of tire Constitution.
Done in Convention at Charleston, in the State of
0 South Carolina, the eighth day of April, in the
year of our Lord one thousand eignt hundred and
sixty-one, and in the eighty-fifth year of the sov¬
ereignty of Ihe State of South Carolina.
D. F. JAMIONM,
Pi resident.
Attest: R. F. Arthur, Cleric.
CONSTITUTION
FOR THE
PROVISIONAL.GOVERNMENT
OF THE
CONFEDERATE' STATES OF AMERICA.
We, tlie Deputies of the Sovereign and Independent States of South
Carolina, Georgia, Florida, Alabama, Mississippi and Louisiana, in¬
voking the favor of Almighty God, do hereby, in behalf of these States,
Drdain and establish this Constitution for the Provisional Government
of the same; to continue one year from the inauguration of 'the Presi¬
dent, or until a permanent Constitution Or Confederation' between the
said Sta^s shall be put in operation, whichsoever shall first occur.
ARTICLE I.
SECTION I.
All'legislative powers herein delegated shall be vested in this Con¬
gress now assembled, until otherwise ordained.
SECTION II.
. When vacancies happen in the representation from any State, the
same shall be filled in such manner as the proper authorities of the
State shall direct.
SECTION III.
1. The Congress shall he 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 author¬
ized to compel the attendance of absent members: upon all questions
820
PROVISIONAL CONSTITUTION.
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.
2. The Congress may determine the rules of its proceedings, punish
its members for disorderly behavior, and, with the concurrence of two-
thirds, expel a member.
3. The Congress shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may in their
judgment require secrecy; and the yeas and nays of the members on
any question, shall, at the desire of one-fifth of those present, or at the
instance of any one State, be entered on the journal.
SECTION IV.
The members of Congress shall receive a compensation for their
services, to be ascertained by Jaw, and paid out of the treasury of the
Confederacy. They shall in all cases, except treason, felony and breach
-of the peace, be privileged from arrest during their attendance at the
session of the Congress, and-in going to and returning from the same;
and for any speech or debate, they shall not be questioned in any
other place.
SECTION V.
1. Every bill which shall have passed the Congress, shall, before it
become a law, be presented to the Pre^dent of the Confederacy; if
he approve, he shall sign it; but if not, he shall return it'With his
objections, to the Congress, who shall enter the objections at large on
their journal, and proceed to reconsider it. If, after such reconsidera¬
tion, two-thirds of the Congress shall agree to pass the bill, it shall
become a law. But in all such cases, the vote shall be determined by
yeas and nays; and the names of the persons voting for and against the
bill shall be entered on the journal. If any bill shall not be returned
by the President within ten days (Sundays excepted) 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, pre¬
vent its return, in which case it shall not be a law. The President
may veto any appropriation or appropriations and approve any other
appropriation or appropriations in the same bill.
2. Every order, resolution* or vote, intended to have the force and
effect of a law, shall be presented to the President, and before the
same shall take effect, shall be approved by him, or being disapproved
PEO VISIONAL CONSTITUTION. 821
by him, shall be repassed by two-thirds, of the Congress, according to
the rules and limitations prescribed in the case of a bill.*
3. Until the inauguration of the President, all bills, orders, resolu¬
tions and votes adopted by the Congress shall be of full fiprce without
approval by him.
SECTION VI.
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 Govefnment of the Confederacy; and all duties, imposts
and excises shall be uniform throughout the States of th6 Confederacy.
And this Congress shall also, exercise executive powers, until the
President is inaugurated:
2. To borrow money on the credit of the Confederacy:
3. To regulate commerce with.foreign nations, and among the several
States,-and with the Indian tribes:
4. To establish a uniform rule of 'naturalizatiop, and uniform laws
on the subject of bankruptcies throughout the Confederacy:
5. To coin money, regulate the value thereof and of foreign coin,
and fix the standard of weights and measures^: .
6. To provide for the punishment of counterfeiting the securities
and current coin of the Confederacy.
7. To establish post offices and post roads :
8. To promote the progress of science and useful arts, by securing,
for limited times, to authors and inventors, the exclusive right to their
respective writings and discoveries :
9. To constitute tribunals inferior to the Supreme Court:
10. To define and punish piracies and felonie.s committed on the
high seas, and offences against the law 9! nations:
11. To declare war^ grant letters of marque and reprisal, and make
rules concerning 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 the government and regulation of the land
and naval forces:
15. To provide for calling forth the militia to execute the laws of
the Confederacy, suppress insurrections, and repel invasions:
16. To provide for organizing, arming and disciplining the militia,
and for governing such part of them as may be employed in the service
822
PROVISIONAL CONSTITUTION.
of the Confederacy, reserving^to the States respectively the appoint¬
ment of the o|hcers, and the authority of training the militia according
to the discipline prescribed by Congress: and
17. To make all laws which shall be necessary and proper for carry¬
ing into execution the foregoing powers and all other powers expressly
delegated by this Constitution to this Provisional Government.
SECTION VII.
1. The importation of African negroes from any foreign country
other than the slaveliolding States of the United Sthtes, is hereby for¬
bidden ; and Congress is required to pass such laws as shall effectually
prevent the same.
2. The Congress shall also have power to prohibit the introduction
of slaves from any State not a member of this Confederacy.
3. The privilege of-the writ of habeas corpus shall not be suspended
unless, when in cases of rebellion or invasion, the public safety may
require it. *
4. No bill of attainder, or ex post facto, law, shall be passed.
5." No preference shall be given, by any regulation of commerce or
revenue, to the ports of one State over those of another; nor shall ves¬
sels bound to or from one State be obliged to enter, clear, or pay duties
in another.
6. No money shall be drawn from the treasury but in consequence
of appropriations made by law; and a regular statement and account
of the receipts and expenditures of all public moneys shall be published
from time to time.
7- Congress shall appropriate no money from the treasury unless it
be asked -for by the President or some oue of the heads of Depart¬
ments, except for the purpose of paying its own expenses and contin¬
gencies.
8. No title of nobility shall be granted by the Confederacy; and no
person holding any office of profit or trust under it, shall, without the
consent, of the Congress, accept of any present, emolument, office, or
title of any-kind whatever, from any king, prince, or foreign State.
9. Congress shall make no law respecting an establishment of religion
or prohibiting the free exercise thereof; or abridging the freedom of
speech or of the press ; or the right of the people peaceably to Assem¬
ble, and to petition the Government for a redress of such grievances as
the delegated powers of this Government may warrant it to consider
and redress.
PROVISIONAL CONSTITUTION.
823
10. A well regulated militia being necessary to the security of a
free State, the rigbt of the people to keep &nd bear arms shall not be
infringed.
11. 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 man¬
ner to-be prescribed by law.
12. The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated ; and no warrants shall issue but upon probable 'cause,
supported by oath or affirmation, -and particularly describing the place
to be searched, and the persons or things to be seized
13. No person shall be held to answer for a capital or otherwise in¬
famous crime, unless on a presentment, or indictment of a' grand jury,
except in cases arising in the land or naval forces, or en 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 shall be compelled, in any criminal case, to be a wit¬
ness against himself; nor be deprived of life, liberty or property, with¬
out due process of law; nor shall private property be taken for public
use, without just compensation. •
14. In all criminal prosecutions, the accused 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 witdesses in his
favor; and to have the assistance of coausel for his defence.
15. 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 facj;, tried by a jury, shall be otherwise reexamined*in any
Court of the Confederacy than according to the rules off the common
law.
f 6. Excessive bail shall not be required, nor excessive fines imposed,
*nor cruel and unusual punishments inflicted.
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 Constitu¬
tion, nor.prohibited by it to the States, 'are reserved to the States re¬
spectively, or to the people.
19. The judicial power of the Confederacy shall not be construed to
824
PROVISIONAL CONSTITUTION.
extend to any suit in law or equity, commenced or prosecuted against
one of the States of the Confederacy, by citizens of another State, or
by citizens or subjects of any foreign State.
SECTION VIII.
1. No State shall enter into any treaty, alliance, or confedera¬
tion ; grant letters of marque and reprisal; coin money; emit bills of
credit; make any thing but gold and silver coin a benSer in payment
of debts ; pass any bill of attainder, ex pout 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 im¬
posts or duties on imports or exports, except what may be absolutely
necessary for executing its inspection laws; and the net produce of
alPduties and imposts, laid by any State on imports or exports, shall
be for the use of the treasury of the Confederacy, and all such laws
shall be subject to'the revision and control of the Congress. No Sthte
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.
ARTICLE II.
SECTION I.
1. The Executive power shall be vested'in a President of the Con¬
federate 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,
aud a majority of the whole being requisite to elect.
3.' No person except d natural born citizen, or a citizen of one of fcfte
States of this Confederacy at the time of the adoption of this Constitu-*
tion, shall be eligible to the office of President; neither shall any per-'
son be eligible to that office who shall not have attained the age of
thirty-five years and been fourteen years a resident of one of the States
of this Confederacy.
4. 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
PROVISIONAL CONSTITUTION.
825
Baid office (which inability shall be determined by a'vote of two-thirds
of the Congress), the same shall devolve on the Vice President; and the
Congress may by law provide for the case of removal, death, resignation
or inability, both°of the President and Vice President,, declaring what
officer shall then act a^> President; and such officer shall act accord¬
ingly until the disability be removed, or a President shall be elected.
5. The President.shall at stated times receive for his services, during
the period of the Provisional Government, a compensation at the rate
of twenty-five thousand dollars per annum ; and he shall not receive,
during that period, any other emolument from this Confederacy, or any
of the 8tates thereof.
6. Before he enter on the execution 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 of America, and will, to
the best of my ability, preserve, protect, and defend the Constitution
thereof."
SECTION II.
1. The President shall be Commander in-Chief of the Army and
Navy of the Confederacy,'and of the Militia of the several States, when
called into the actual service of the Confederacy; he may require the
opinion in writing, of the principal officer in each of the Executive
Departments, upon any subject relating to the duties of their respective
offices'; and he shall have power to grant reprieves and pardons for of¬
fences against the Confederacy, except in cases of impeachment.
2. He shall have power, By and with the advice and consent of the
Congress, to make treaties, provided two-thirds of the Congress concur:
and he shall nominate, and by and with the advice and consent of the
Congress, shall appoint ambassadors, other public ministers and consuls,
Judges of the Court, and all other officers of the Confederacy whose
appointments are not herein otherwise provided for, and which shall be
established by law. But the Congress may, by law, vest the appoint¬
ment of such inferior officers as they think proper in the President
alone, in the courts ol law, or in the heads of departments.
3. The President shall have power to fill up all vacancies that may
happen during the recess 'of the Congress, by granting commissions
which shall expire at the end of their next session.
101
826
PKO VISIONAL CONSTITUTION.
SECTION III.
1. He shall, from time to time, give to the Congress information of
the state of the Confederacy, and recommend to their consideration
such measures as he shall judge neeessary and expedient; he may, on
extraordinary occasions, convene the Congress Jt 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 com¬
mission all the officers of the Confederacy.
2. The President, Vice President, and all civil officers of the Con¬
federacy .shall be removed from office on conviction by the Congress of
treason, bribery or other high crimes and misdemeanors: a vote of
two-thirds shall be necessary for such conviction.
APtTICLE III.
SECTION I.
1. The judicial power of the Confederacy shall be vested in one
Supreme Court,-and in such inferior Courts as are herein directed, or
as the Congress may from time to time ordain and establish.
2. Each State shall constitute a district, in which there shall be a
court called a District Court, which, until otherwise provided by the
Congress, shall have the jurisdiction vested by the laws of the United
States, as far as applicable, in both the District and Circuit Courts of the
United States for that State; the Judge whereof shall be appointed by
the President, by and with the advice and consent of. the Congress,
'and shajl, until otherwise provided by the Congress, exercise the power
and authority vested by the laws of the United States in the Judges of
the District and Circuit Courts of the United States, for that State, and
shall appoint the times and places at which the Courts shall be held.
Appeals may be taken directly from the District Courts to the Supreme
Court, under similar regulations to those which are provided in cases
of appeal to the Supreme Court of the United States, or under such
other regulations as may be provided by the Congress. The commis¬
sions of all the judges shall expire with this Provisional Government.
3. The Supreme Court shall be constituted of all the District Judges,
a majority of whom shall be a quorum, and shall sit at such times and
places as the Congress shall appoint.
4. The Congress shall have power to make laws for the transfer of
any causes-which were pending in the Courts of the United States, to
the Courts of the Confederacy, and for the execution of the orders,
PROVISIONAL CONSTITUTION. 827
decrees and judgments heretofore rendered by the said Courts, of tfie
United States; and also all laws which may be requisite to protect the
parties to all such suits, orders, judgments or decrees, their heirs, per¬
sonal representatives or assignees.
SECTION II.
, 1. The judicial power shall extend to all cases of law and equity,
arising under this Constitution, the laws of the United States, and of
this Confederacy, and treaties made, or which shall be made, upder its
authority; 'to all cases affecting ambassadors, other public ministers
and consuls; to all cases of admiralty and maritime jurisdiction; to
controversies to which the Confederacy shall be a party; controversies
between two or more States; between citizens of different States; be¬
tween citizens of the same State claiming lands under grants of differ¬
ent States.
2. In all cases affecting ambassadors, other public ministers and con¬
suls, and those in which a State shall be a party, the Supreme Court
shall have original jurisdiction. In all the other cases before men¬
tioned, 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. .
SECTION III.
1. Treason against this Confederacy shall consist only in levying war
against it, or in adhering to its enemies, giving them aid and comfort.
No person shall be convicted of treason unless on the testimony of two
witnesses to the same overt act, or on confession in open Court.
• 2. The Congress shall have power to declare the punishment of trea¬
son; but no attainder of treason shall work corruption of blood or
forfeiture, except during the life of the person attainted.
ARTICLE IV.
SECTION I.
1. Full faith and credit shall he given in each State to the public
acts, records and judicial proceedings of every other State. And the
828
PROVISIONAL CONSTITUTION.
Congress may, by general laws, prescribe the manner in which such
acts, records and proceedings shall he proved, and the effect of such
proof.
SECTION II.
1. The citizens of each State shall he entitled to all privileges and
immunities of citizens in the several States.
2. A person charged in any State with treason, felony or other crime,
who shall flee from justice, 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. A slave in one State, escaping to another, shall be delivered up
on claim of the party to whom said slave may belong, by the executive
authority of the State in which such slave shall be found; and in case
of any abduction or forcible rescue, full compensation, including the
value of the slave and all costs and expenses, shall be made to the party
by the State in which such abduction or rescue shall take place.
"SECTION III.
1. The Confederacy shall guarantee to every State in this Unions
republican form of Government, and shall protect each of them against
invasion ; and, on application of the Legislature or of the Executive
(when the Legislature cannot be convened), against domestic violence.
ARTICLE V.
1. The Congress, by a vote of two-thirds, may, at any time, alter or
amend this Constitution.
ARTICLE VI.
1. This Constitution, and the laws of the Confederacy which shall
be made in pursuance thereof, and all treaties made, or which shall "be
made, under the authority of the Confederacy, shall be the supreme
law of the land; and the judges in every State shall be bound thereby,
anything in the Constitution or laws of any State to the contrary
notwithstanding. ' .
2. The Government hereby instituted shall take immediate steps for
the settlement of all matters between the States forming it, and# their
other late confederates of the United States in relation to 4he public
property and public debt at the time of their withdrawal from them;
PROVISIONAL CONSTITUTION.
829
these States hereby declaring it to be their wish and earnest desire to
adjust everything pertaining to the common property, common liability
and comnlon obligations of that Union, upon the principles of right,
justice, equity and good faith.
3. Until otherwise provided by the Congress, the City of Mont¬
gomery, in the State of Alabama, shall be the seat of Government.
4. The members of the Congress and all executive and judicial
officers of the. Confederacy shall be bound by oath or affirmation to sup-
, port this Constitution; but no religious test shall be required as a
qualification to any office or public trust under .this Confederacy.
5. The Congress shall have power to admit other States.
CONSTITUTION
OF THE
CONFEDERATE STATES OF AMERICA.
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—in¬
voking the favor and guidance of Almighty God—do ordain and es¬
tablish this Constitution of the Confederate States of America.
ARTICLE I.
SECTION I.
1. All legislative powers herein delegated shall £e vested in a Con¬
gress of the Confederate States, which shall consist' of a Senate and!
House of Representatives.
SECTION II.
1. The House of Representatives shall be composed of Members
chosen every secoud 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.
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,
832
PERMANENT CONSTITUTION.
and who shall not, when elected, be an inhabitant of that State in
which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among the
several States which may be included within this Confederacy, accord¬
ing to their respective numbers—which shall be determined by
adding to the whole number of free persons, including those bound to
service for a term of years, and excluding Indians not taxed, three-
fifths of all slaves. The actual enumeration shall be made within three
years after the first meeting of the Congress of the Confederate States,
and within every subsequent term of ten years, jn such manner as they
shall, bylaw, direct. The number of Representatives shall ngt exceed
one for every fifty thousand, but each State shall have, at least, one
Representative; and until such enumeration shall be made, the 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 Louisiana six, and the State of Texas
six.
4. When vacancies happen in the representation from any State, the
Executive authority thereof shall issue writs of election to fill such
vacancies.
5. 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 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 III.
1. The Senate of the Confederate States shall be composed-of two
Senators from each State, chosen for six years by the Legislature
thereof, at the* regular session next immediately preceding the com¬
mencement of the term of service; and -each Senator shall have one
vote.
'2. Immediately after they shall be assembled, in consequence of the
first election, they shall be ■ divided as equally as may be into three
classes. The seats of the Senators of the first class shall be vacated at
the expiration of the second year; of the second class at the expira¬
tion of the fourth year; and of the third class at the expiration of the
sixth year; so that one-third may be chosen every second year; and if
vacancies happen by resignation, or otherwise, during the recess of the
Legislature of any State, the Executive thereof may make temporary
PERMANENT CONSTITUTION.
838
appointments until the next 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 he a citizen of the Confederate States; and who
shall not, when elected, be an inhabitant of the State for which he
shall be chosen.
4. The Vice President of the Confederate 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 President 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.
Wj^pn the President of the Confederate States is tried, the Chief
Jiratjfce shall preside ; and no person shall be convicted without the
concurrence of two-thirds of the Members present.
7. Judgment in cases of impeachment shall not extend further than
to removal from office, and disqualification to hold and enjoy any office
of honor, trustor 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 IV.
1. The times, places and manner of holding elections for Senators
and Representatives shall be prescribed in each State by the Legisla¬
ture thereof, subject to the provisions of this Constitution ; bjit the
Congress, may, at any time, bylaw, make or alter such regulations, ex¬
cept as to the times and places of choosing Senators.
2. The Congress shall assemble at least once in every year; and
.such meeting shall be on the first Monday in December, \inless they
shall, by law, appoint a different day.
SECTION V.
1. Each House shall be the judge of the elections, returns and quah
ifications of its own Members, and a majority 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 under such penalties, as each House
may provide.'
2. Each House may determine the rules of its proceedings, punish
105
834
PERMANENT CONSTITUTION.
its Members for disorderly behavior, and, with the concurrence 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 secrecy; and the yeas and nays of the Members of
either 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, nor to any other
place than ihat in which-the two Houses shall be sitting.
SECTION VI.
1. The Senators and Representatives shall receive a compensation
for their services, to be ascertained by law, and paid out of the treasury
of the Confederate States. They shall, in all cases, except treason,
felony and breach of the peace, be privileged from arrest during their
attendance at the session of their respective Houses, and in going to
and returning fi;om the same; and for any speech or debate in either
House they shall not be questioned in any other place.
2. No Senator or Representative shall, during the time for which
he was elected, be appointed to any civil office under tbe 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 shall be a Mem¬
ber of either House during his continuance-in office. But 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 auy measure appertaining to his department.
SECTION VII.
1. All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose or concur with amend¬
ments 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 if; 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
PERMANENT CONSTITUTION.
835
shall agree to pass the bill, it shall be sent, together with the objections,
to the other House, by which it shall likewise be reconsidered, and -if
approved by-two-thirds of that House, it shall become a law. But, in
all such cases, the votes of both Houses shall be determined hy yeas
and nays, and the names of the persons voting for and against the bill
shall be entered on the journal of eacl* House 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 case he shall, in signing the
bill, designate tlie appropriations disapproved; and shall return"a copy
of sudh appropriations, with his objections, to the House, in which the
bill shall have originated; and the same proceedings shall then be had
as in case of other bills disapproved by the President.
3. Every order, resolution or vote, to which the concurrence' of both
Houses may be necessary (except on a question *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, shall be repassed by two-thirds of both Houses,
according to the rules and limitations prescribed in case of a bill.
SECTION VIIT.
The Congress shall have power—
.1. To lay and collect taxes, duties, imposts and excises, for revenue
necessary to pay the debts, provide for the common defence, and to
carry on the Government of the Confederate States; but no bounties
shall.be granted from the treasury; nor shall any duties or taxes on im¬
portations from foreign nations be laid to promote or foster any branch
of industry; and all duties, imposts and excises shall be' uniform
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 Indihn tribes; but neither this, nor any other
clause contained in the Constitution, shall ever be construed to dele¬
gate the power to Congress to appropriate money for any internal im¬
provement 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 ob-
836 PERMANENT CONSTITUTION.
»
structions in river navigation, in all which cases, such duties shall be
laid on the navigation facilitated thefeby, as may be necessary to pay
the costs and expenses thereof:
4. Jo establish uniform laws of naturalization, and uniform laws on
the subject of bankruptcies, throughout the Confederated States; but
no law of Congress shall discharge any debt contracted before the pas¬
sage of the same : '
5. To coin money, regulate the value thereof and of foreign coin,
and fix the standard of weights and measures:
6. To provide for the punishment of counterfeiting the securities
and current coin of the Confederate States :
7. To establish post offices and post routes; 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 otit of its own
revenues: '
8. To promote tire progress of science and useful arts, by securing,
for limited times, to authors and inventors the. exclusive right to their
respective writings and discoveries :
9. 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-Pf nations:
11. To declare war, grant letters of marque and reprisal, and make
rules concerning 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 the government and regulation of the land
and naval forces:
15. To provide for calling forth the tnilitia to execute the laws of
the Confederate States, suppress insurrections and repel invasions:
16. To provide for organizing, arming and disciplining the militia,
and for governing such part of them as may be employed in the service
of the Confederate States;' reserving -to the States, respectively, 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 seaf of
the Government of ♦the Confederate States; and to exercise like'
authority over all places purchased by the consent of the Legislature
PERMANENT CONSTITUTION.
837
of tjie State in which the same shall he, for the erection of forts,
magazines, arsenals, dockyards) and other needful buildings : and
18.. To make all laws which shall he necessary and proper for carry¬
ing into execution the foregoing powers, and all other powers vested by
this Constitution in .the Government of the Confederate States, or iu-
any department or officer thereof.
SECTION IX.
1. The importation of negroes of the African pace, from any foreign
country, other than the slaveholding States or Territories of the United
States of America, is hereby forbidden; and Congress is required to
pas's such laws as shall effectually prevent the same.
2. Congress 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 public safety may
require it. ' .
4. No bill of attainder, ex post facto law, or kw denying or impair¬
ing. the right of property in negro slaves,-shall be passed.
5. No capitation or Qther direct tax shall be laid, unless in proportion
to the census or enumeration hereinbefore directed to be taken.
6. No tax or duty shall be laid on articles exported from any Sffite,
. except by a vote of two-thirds of both ftouses.
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,appropriations made by law; and a regular statement and accoun| of
receipts and expenditures of all public money shall be published from
time to time. '
9. Congress shall appropriate no money from the Treasury except by
a vote of two-thirds of both Houses, taken by yeas and nays, unless it
be asked and estimated for by some one of the heads of department,
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 shall have been
judicially declared by a tribunal for the investigation of claims against
v the. Government, which it is hereby made the duty of Congress to es¬
tablish. . •
10. All bills appropriating money shall specify, in federal currency,
838
PERMANENT CONSTITUTION.
the exact amount of each appropriation, and the purposes for which it
is made ; and Congress shall grant no extra compensation to any pub¬
lic contractor, officer, agent, or servant, after such contract shajj have
been made or such service rendered.
11.. No title of nobility shall be granted by the Confederate States;
and no person holding arty office of profit or trust under them shall,
without the consent of the Congress, accept of any present, emolument,
office or title, of any kind whatever, from any king, prince, or foreign
State.
12. Congress shall make no law respecting an establishment of re¬
ligion, or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably to
assemble and petition ths Government for a redress of grievances.
.13. A well-regulated militia being necessary to the security of a free
State, the right of the people to keep and bear arms shall not be in¬
fringed.
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.
15. The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches, and seizures, shall not
be violated; and no warrants shall issue but upon probable cause, sup¬
ported by oath or affirmation, and particularly describing the place to
be searched and the persons or'things to be seized.
16. No person shall be held to answer fo#a capital or otherwise in¬
famous crime, unless on a presentment or indictment of a grand 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
per'son 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, liberty or property, without
due process of law; nor shall private property be taken for public use,
without just compensation.
17. In all criminal prosecutions, the accused 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 witnesses in his
favor; and to have the assistance of counsel for his defence.
PERMANENT CONSTITUTION.
839
18. In surts 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 ^jury shall be otherwise reexamined 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 indicted.
20. Every law or resolution having the force of law, shall relate to
but one subject, and that shall be expressed in the title.
section x,
1. No State shall enter jnto any^treaty, alliance, or confederation;
grant letters of marque and reprisal; coin mopey; make anything but
gold and silver coin a tender in payment of debts; pass any bill of at¬
tainder, or ex pod facto law, or law impairing the obligation of con¬
tracts; or grant any title of nobility.
2. Nq State shall, without the consent of the Congress, lay any
imposts or duties cn imports or exports, except what may be absolutely
.necessary for executing its inspection laws; and the net produce of all t
duties and imposts, laid by any State on imports or exports, shall be for
the use of the Treasury of the Confederate States; and all such laws
shall be subject to the revision sftad control of Congress.
3. No State shall, without the consent of Congress, lay any duty on
tonnage, except on sea-going vessls, for the improvement of its rivers
and harbors navigated by the said vessels; but such duties shall not
conflict with any treaties of the Confederate States with foreign
nations; and any surplus revenue, thus derived, shall, after making
such improvement, be paid-"into the common treasury ; nor shall any
State kebp troops or ships-of-war in time of peace, enter into any
agreement or compact with another State, or with a foreign^ower, or
engage in war, unless actually invaded, or in such imminent danger as
will not admit of dehiy. 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 II.
seqtion i.
1. The executive power shall be vested in a President of the Con¬
federate States of America. He and the Vice President shall hold
840
PERMANENT CONSTITUTION.
their offices for the term of six years ; but^ the President shall not be
reeligible. The President and Vice 'President shall be elected as
o » ^
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 Representatives to which the State may be entitled in the Con¬
gress; but no Senator or Representative, or person holding an office of
trust or profit under the Confederate States, shall be appointed an
elector.
3. The electors shall meet in their respective States and vote by bal¬
lot for President and Vice President, one of whom, at least, shall not
bean inhabitant of the same State with themselves; they shall name in.
their ballots the person voted for as President, and in distinct ballots
the person voted for as Vice President, and they shall make distinct
lists of all persons voted for as President, and of all persons voted for
as Vice President, and of the number of votes for each, which list
they shall sign and certify, and transmit, sealed, to-the seat of 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 courted ; 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 such person have
such 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 chose immediately, by ballot, the President.
But in choosing the President, the votes shall be taken by States, the
representation from each State having one vote; a quorum for this pur¬
pose 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.
Aud 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 Yice Presi¬
dent shall be the Vice President, if such number be a majority of the
whole number of electors appointed ; and, if no person ha<ve a majority,
then, from the two highest numbers on the list, the Senate shall choose
the Yice President; a quorum for the purpose shall consist'of two-
PERMANENT CONSTITUTION.
841
thirds of the whole number of Senators, and a majority of the wholes'
number shall be necessary to 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 sh'all 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 of Decem¬
ber, 1860, shall be eligible to the office of President; neither shalhany
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 c^xist 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 removal, death, resigna¬
tion, or inability both of the President and Vice .President, declaring
what officer shall then act as President, and such officer shall act ac¬
cordingly 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 re¬
ceive within that period any other emolument from the Confederate
States, or of any of them. .
10. Before he enters oh the execution of his office, he shall take the
folk wing 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."
SECTION II.
1. The President shall be Commander-in-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, and upon any subject relating to the duties of
their respective offices; and he shall have power to 'grant reprieves and
106
842
PERMANENT CONSTITUTION.
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 con¬
sent 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 pro¬
vided for, and which shall be established by law; but the Congress
may, by law, vest the appointment of such inferior officers as they
thin'k proper, in the President alone, in the courts of law, or in the
heads of Departments.
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 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 un¬
necessary, 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 their next session ; but. no person re¬
jected by the Senate shall be«re-appointed to the same office during
their ensuing recess.
section in.
1. "The President shall, from time to tim*e, .give to the Congress in¬
formation 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 a time as he shall
think proper; lie shall receive ambassadors and other public ministers;
he shall take care that the laws be faithfully executed, and shall com¬
mission all the officers of the Confederate States.
section iv.
1. The President, Vice President, and all civil officers of the Con¬
federate States, slvill be removed from office on impeachment for, atfd,
conviction of, treason, bribery or other high crimes and misdemeanors.
PERMANENT CONSTITUTION.
.843
article ill
section I.
1. The judicial power of the Confederate States shall be vested in
one Supreme 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 compen¬
sation, which shall not be diminished during their continuance in office.
« °
0
section ii.
•1. The judicial* power shall extend to all cases arising under this
Constitution, the laws of the Confederate States, and treaties made or
which shall Be made under their authority; to all cases affecting am¬
bassadors, other .public ministers and consuls; to all cases of admiralty
and 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 plain¬
tiff; 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.
2f. 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 trjal pf 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 been1 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.
section iii.*
1. Treason against'the Confederate States shall consist only in levy¬
ing war against them, or in adhtring 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 ir#
open Court. .
2. The Congress shall have power to declare the punishment of trea-
844
PERMANENT CONSTITUTION.
son, but no attainder of treason shall work corruption of blood, or for¬
feiture, except during the life of the person attainted.
ARTICLE IV.
SECTION I.
1. Full faith and credit shall be given in each State to the public
Acts, records and judicial proceedings of every other State; and the
Congress may, by general laws, prescribe the manner in which such
Acts, records and proceedings shall be proved, and the effecfr thereof.
SECTION II.
- 1: The citizens of each State shall be 'entitled to all the privileges
and immunities of citizens in 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 author¬
ity 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 Confederate States, under the laws thereof, escaping or
lawfully carried into another, shall, in consequence of any law or regu¬
lation 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.
#
' SECTION III.
1. Other States may be admitted into this Confederacy by a vote of
two-thirds of the whole House of Representatives, and two-thirds 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 need¬
ful rules and regulations concerning the property of the Confederate
■States, including the lands thereof.
PERMANENT CONSTITUTION.
845
8. The Confederate States may acquire new territory; and Congress
shall have power to legislate and provide governments for the inhabi¬
tants of all territory belonging to the Confederate States, lyipg with¬
out 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
he admitted into the Confederacy. In all such territory, the institu¬
tion of negro slaver^, as it,now exists in the Confederate States, shall
be recognized and protected by Congress, and by the territorial Gov¬
ernment; 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 Con« "
federate States.
•4. The Confederate States shall guarantee to every State that now
is, or hereaffer may become, a member of this Confederacy, a republi¬
can form of government, and shall protect each , of them against inva¬
sion, and, on application of the Legislature (or of the Executive, \^hen
the Legislature is not in session), against domestic violence.
ARTICLE V.
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 consideration such amendments to the Consti¬
tution as. the said States shall concur in suggesting at the time when
the said demand is made; and should any of the proposed amend¬
ments to the Constitution. l>e agreed on by the said Convention—voting
by States—and the same be ratified by the Legislatures of two-thirds
of the several States, or by Conventions in two-thirds thereof—as one
or the other mode of ratification may be proposed by the general Con¬
vention—they shall thenceforward form a part of this Constitution.
Rat no State shall, without its consent, be deprived of its equal repre¬
sentation in the Senate.
' ' ARTICLE YI.
1. The Government established by this Constitution i§ 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 repealed or modified'; and all the officers appointed by
the same shall remain in office until their successors are appointed and
qualified, or the offices abolishe.d.
846
PERMANENT CONSTITUTION.
2. All, debts contracted and engagements entered into before the
adoption of tbis Constitution shall be as valid against the Confederate
States under this Constitution as under the Provisional Government.
8. Tliis 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,
anything in the Constitution or laws of any*State ,to the contrary not¬
withstanding.
4. The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive and ju¬
dicial officers, 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 or
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.
6. The powers not delegated to the Confederate States by the Con¬
stitution, nor prohibited by it to the States, are reserved to the States,
respectively,, or to the people thereof. ft
ARTICLE VII. -
1. The ratification of the Conventions of five States shall be sufficient
for the establishment of this Constitution between the States so ratify--
ing the same.
2. When five States shall have ratified this Constitution, in the.man-
ner above specified, the Congress, under the Provisional Constitution,
shall prescribe the time for holding the election 'of .President and Vice
President; aud for the meeting, of the Electoral College; and for
counting the votes, and inaugurating the President. They shall also
prescribe the time for holding the first election of Members of Con¬
gress under the Constitution, and at the time for assembling the same.
Until the assembling of such Congress, the Congress under the Pro¬
visional Constitution sball continue to exercise the legislative powers
granted them—not extending beyond the time limited by the Constitu¬
tion of the Provisional Government.
ALPHABETICAL LIST
of the
MEMBERS OF THE CONVENTION.
TTITH THEIR POST DIM AID ELECTION DISTRICTS..
name. district. , post office.
D. F. JAMISON, Freit....Barnwell Midway.
*'Adams, James H Richland...- -. Gadsden.
Allison, R. T..... York Meek's Hill.
Appleby, I). C St.George's, Dorchester Branchville.
Atkinson, S. T Winyaw Georgetown.
"|"Ayer, L. M._. ....Barnwell.. • Bufqrd's Bridge.
Barnwell, R. W St. Helena...1.... ..Beaufort.
Barron, A. I York ...., Yorkville.
Barton, D. R .....Orange ." Branchville.
Beaty, T. W... Horry Conwayboro'.
Bellinger, E. St. P St. Bartholomew's ; Walterboro'.
Bethea,' A. W Marion...., ...Reedy Creek.
Bobo, S .-...a. Spartanburg Spartanburg C. H.
Bonneau, P. P Christ Church Haddrell's.
Brabham, J. J Barnwell Buford's Bridge.
Brown, A. IT.... St. Andrew's ; Charleston,
Brown, C. P St. James', Goose Creek Charleston.
^Buchanan, J .*. Fairfield Wintisforo'.
Burnet, A. W St. Philip's and St. Michael's...Charleston.
Cain, \V St. John.'s, Berkeley. Black Oak.
Caldwell, Joseph Newberry Mount Bethel.
* Deceased. f Resigned.
848
LIST OF MEMBERS.
name. district. post office.
Calhoun, John A Abbeville ....Abbeville C. H.
Campbell, WillFam H....Greenville '..Greenville C. H.
Carlisle, James H Spartanburg Spartanburg C. H.
*Carn, M. E St. Bartholomew's Walterboro'.
Carroll, J. P '. Edgefield Aiken.
Caugiiman, H. I Lexington Lexington C. H.
Cauthen, W. C..... Lancaster .....Hanging Rock.
Charles, E. W Darlington Darlington C. H.
Chesnut, James, Jr Kershaw Camden.
Cheyes, Langdon St. Peter's .Savannah, Ga.
Clarke, E. M St. Andrew's Charleston.
^Conner, H. W. St. Philip's and St. Michael's...Charleston.
Crawford, R. L Lancaster Lancaster C. H.
Curtis, William... Spartanburg Limestone Springs.
Darby, A. T .....St. Matthew's Fort Motte.
*Dargan, J. A.... Darlington Darliugton C. H.
Davant, .R. J .....St. Luke's -.'Gillisonville.
Davis, H. C Fairfield Ridgeway.
DeSaussure, W. F Richland Columbia.
DeTreville, R .- *St. Philip's and St. Michael's...Charleston.
Dozier, A. W. Williamsburg Johnsonville.
Duncan, Perry E Greenville Greenville C. H.
Dunkin, B. F j Winyaw : Charleston.
Dunov'ant, A. Q ..-.Chester Chesterville.
Dunovant, R. G. M. Edgefield Edgefield C. H.
DuPre, D St. James', Santee South Santee Ferry.
Easley, W. K Greenville.:.., Greenville C. II.
Ellis, W. J Horry... Conwayboro'.
English, -T. R Sumter Mayesville.
Evans, C. D Marion Marion C. H.
Fair, Simeon Newberry Newberry C. II.
Finley, W. P .' Barnwell Aiken.
Flud, Daniel St. George's, Dorchester Summerville.
Former, A. M Winyaw Georgetown.
Foster, B. B ....Spartanburg Glenn Springs.
Frampton, J. E .....Prince William's Pocotaligo.
Furman, J. C Greenville ;.Greenville C. H.
* Deceased.
LIST OF MEMBERS.
849
name. , district. ' post office.,
*Gadberry, James M Union Union C. H.
Garlington, H. W Laurens ? Laurens 0. H.
Geiger, J. C..., ....Lexington Sandy Run.
Gist, William H ....Union .Union C. H.
Glover, T. W. Orange... Orangeburg.
Goodwin, E. W Marlboro' Brigbtsville.
GoUrdin, R. N .;....St. Philip's and St. Michael's...Charleston.
Goupjji;*, T. L ....St. Stephen's. Pineville
Green, H. D Sumter Mechanicsville. •
Gregg, Maxcy Richland Columbia.
Gregg, William .Edgefield Aiken.
Grisham, W. S ..Pickens" '. Walhalla.
Hammond; A. J. Edgefield Hamburg.
Hanckel, T. M St. Philip's and St. Michael's...Charleston.
Harllee, W. W Marion Mars' Bluff.
Harrison, James Greenville Cedar Falls.
Hayne, I. W St. Philip's and St. Michael's...Charleston.
Henderson, E. R St. Bartholomew's :.Blue House.
Honour, J. H." St. Philip's and St. Michael's...Charleston.
Hopkins, William.... Richland.. Hopkins' T. 0.
Hunter, William.... Pickens *.Wolf Creek.
Hutson, W. F Prince William's Pocotaligo.
Inglis, John A.* Chesterfield Cheraw.
'Ingram, J. J... Clarendon Manning.
Jackson, S Chesterfield ....Mount Crogan.
Jefferies, James Union .1.... Gowdeysville.
Jenkins, John St. John's, Colleton.....'. Edisto Island.
Jenkins, J. E .' St. Paul's....... Adams' Run.
Johnson, W. D Marlboro' Be'nnettsville.
Keitt, L. M (Grange Orangeburg.
Kershaw, J. B Kershaw..... .Camden.
Kilgore, B. F ......Spartanburg... Laurensville.
Kinard, J. P Newberry.. Newberry C. H.
I^insler, J. H ..Richland »..., Columbia.
Landrum, J. G /.Spartanburg. Spartanburg C. H.
Lawton, B. W Barnwell Allendale.
Lewis, A. F Pickens.: Pendleton.
107
Deceased.
850
LIST OF MEMBERS.
name. district. post office.
Logan, R. 0 1 Williamsburg.. Kingstree.
*Lyles, W. S Fairfield Strother. •
McCrady, Edward St. Philip's and St Michael's....Charleston.
McIyer, Henry ..(Chesterfield .Cheraw.
McKee, John Chester Chester C. H.
McLeod, A Marlboro' Bennettsville.
fmagtiath, A. G / St. Philip's and St. Michael's...Charleston.
Manigault, G- .St. Philip's and St. Michael's...Charleston.
Manning, John L.». Clarendon Fulton.
Mauldin, B. F Anderson.......... Williamston.
Maxwell, John Pickens.... Pendleton.
Mayes, M. P.'.! Sumter Mayesville.
Mazyck, Alexander St. James', Santee ..Charleston.
*Means, John H ..Fairfield.... Buckhead.
Memminger, C. 0. St. Philip's and St. Michael's...Charleston.
Middletqn, John Izard...All Saiuts Georgetown.
. Middleton, W St. Philip's and St. Michael's...Charleston.
Miles, W. P..... St. Philip's and St. Michael's...Charleston.
Moore, Thomas W ...Chester Smith's T. 0.
Moorman, R .-.Newberry Mayhinton.
Noble, Edward Abbeville Abbeville C. H.
Nowell, J. L......... St. Thomas' and St. Dennis'....Charleston.
O'Hear, J. S St. Thomas' and St. Demos'....Charleston.
Qrr, James L Anderson, Anderson C. H.'
Palmer, J. S St. Stephen's Echaw.
Parker, F. S IVinyaw Georgetown.
Perrin, Thomas C.... Abbeville Abbeville C. H.
Pope, J. D ...St- Helena Beaufort.
Porcher, F. J ...St Philip's and St. Michael's...Charleston.
Pressley, J. G Williamsburg ....Kingstree.
Quattlebaum, Paul Lexington Lightwood Creek.
Rainey, Samuel York. Guthriesville.
Reed,. J. P Anderson Anderson C. H.
Rhett, R. B • St. Philip's and St. Michael's...Charleston.
Rhodes, George St. Peter's... Lawtonville.
Richardson, F. D St. Philip's and St. Michael's...Charleston.
Richardson, J. P ...Clarendon Fulton.
' *
# Deceased. j- Resigned.
LIST OF MEMBERS. 851
name. district. post office.
Robinson, B. P Lancaster Craigville.
Rowell, W. B. ..Marion Marion .C. H.
Rutledge, B. H St. Philip s and St. Michael's...Charleston.
Scott, E. B St. Paul's.. Summerville.
Seabrook, E. M St. Luke's.... Bluffton.
Seabrook, G. W., Sr St. John's, Colleton Charleston.
Sessions, B. E ..All Saints •. .....Conwayboro'.
Shingler, J. M.. St, James', Goose Creek Holly Hill.
Shingler, W. P ...Christ Church Charleston.
Simons, T. Y., Jr St. Philip's and St. Michael's..Charleston.
Simpson, R. F Anderson... Pendleton,.
Sims J. S... Union Paqolet Mills.
Smith, J. J. P.. ....St. Philip's and.St. Michael's...Charleston.
Smylt, J. C.... Edgefield Lott's.
S'nowben, P. G. St. John's, Berkeley Black Oak.
Spain, A. C..: Sumter .......Sumter C. H.
Spratt, L. W St. Philip's and St, Michael's...Charleston.
Springs, A. B York Fort Mill.
Stokes, P; St. Bartholomew's ....Branchville.
Thompson, Robert A......Pickens ; Pickens C. H.
Thomson, Thomas Abbeville ....Abbeville C. H.
Timmons, J.'M Darlington Timmonsville.
Tompkins, James .Edgefield. ....Park's Store.
Townsend, John St. Philip's and.St. Michael's.Edisto Island
Wagner, T. D St. Philip's and St. Michael's...Charleston.
Wannam'aker, John J....St. Matthew's St. Matthpw's.
WardLaw, D. L Abbeville Abbeville C. H.
*Wardla-w,"F. H ....Edgefield.... Edgefield C. H.
*Watts, W, D ....Laurens Laurens C. H.
Whitner, J. N....# Anderson Anderson C. H.
Wier, Thomas, Sr Laurens Clinton.
Williams, J. D ......Laurens Spring Grove.
Wilson, I. D Darlington... Society "Hill.
Wilson, J. H.. Abbeville ...Abbeville C. H.
Wilson, W. B ,1 York Yorkville.
"{"Withers, T. J Kershaw.. ....Camden.
Woods,Richard Chester... Carmel Hill.
# Djceisjl. t Resigned.
852
LIST OF MEMBERS.
names. district. post office.
Young, Henry C Laurens ....Laurens C. H.
B. F. Arthur, Clerk Union.../. — ...Union C. H.
James Conner St. Philip's and St. Michael's...Charleston.
Elected in the place of H. W. Conner, deceased.
Thomas Smith Darlington Society Hill.
Elected in the place of J. A. Darga'n, deceased.
John S. Preston Richland Columbia.
Elected in the place of J as. H. Adams, deceased. v
George Bos well Edgefield.. .v Ivy Island.
ElecSd in the place of f. H. Wardlaw, deceased.
C. P. Sullivan Laurens. Laurens C. H.
^ Elected in the place of W. D..Watts, deceased.
Reuben Stephens ' t. Bartholomew's Buckhead Causey.
Elected in the place of M. E. Carn, deceased.
W. R. Taylor Kershaw ..Camden.
Elected in the place of T. J. Withers, resigned.
"W. J. Alston Fairfield? Alston.
Elected in the place of W. S. Lyles, deceased.
W. R. Robertson Fairfield ,.Winnsboro\
Elected in the place of John Buchanan, deceased.
John Phillies St. Philip's and St. Michael's...Charleston.
Elected in the place of A. g. Magreath, refigned.
INDEX.
A..
Adams, James H , elected Commissioner to Washington 59
resolutions on death of. 309
Add^ss to People of Slaveholding States 21, 51, 74, 75, 82, 88,
- . 156, 467
Adjutant and Inspector General, report of .. 560
Admiralty and Maritime jurisdiction, Ordinance in relation to 74
^ . (See Ordinance concerning Judicial Powers.)
Aimar, Thomas, account, of...- 157, 503
„ Alabama, Commissioner from (see John A. Elmore).
Aliens, resolution making liable to military duty ....315, 330
•Applicants for office, resolution requesting Governor and
Council to furnish names of. 408, 414, 452
Arms, resolutions for collection of. - 315, 316, 340
transfer of to Confederate States 242, 266, 537
Arthur, F., appointed Clerk of Convention 11
Assistant Clerl^ resolution for appointment of. 23
Attorney General authorized to engross Ordinance of Secession......45
report of .. 48
B.
Bachman, Rev, Dr., prayer at signing Ordinance o^Secession "...48
Baptist Congregation pf Columbia, thanks of Convention returned to... 14
Barnwell, J. L., account of 178, 252, 549
Barnwell,tR. W., elected Commissioner to Washington 56
Baruc, B. S., paid for engrossing Constitution 279
Beaty, Thomas W.t communication from t .,324
854
INDEX.
Beauregard, Get). G* T-, communications from 199, 294
invited to seat on floor of Convention 206
Bonham, M. L., elected Commissioner to Mississippi 156 •
excused from serving 154
Brady, P., account of .178, 252, 549
Brady, S., account of 284, 288
Buchanan, John, resolutions on death of 403
Burke, A. J., account of 150, 171, 504
Burt, Ariuistead, elected Commissioner to Mississippi W
invited to seat on floor of Convention 177
communication from 186 '
c.
Cabinet, resolution for appointment of 109
Calhpun, A. P., elected Commissioner to Alabama ^..153
invited to seat on floor of Convention 177
communication froth 233
Cam, M. E , communication from 312
resolutions on death of. 409
Carolina Art Association, invitation to visit.. 225
Charleston, resolution for closing places jof business in 316
removal of non-combatants from..',.370, 383, 386, 388, 580
Charleston Club, hospitalities of, tendered to Convention 200.
Charleston Delegation, to procure building for meeting 10, 21
accounts contracted by 123,157
to take charge of certain articles 171
Chesnut, James, Jr., elected member of Executive Council 376
oath of office administered to % ....383
Citizens of South Carolina, certain persons declared 91
of United States, resolution authorizing to dis¬
pose of property ,161
Cobb, Hon. Howell, invited to seat on fiocft* of Convention 10
Collector of Charleston, communication from 120
Collectors, authorized to receive payment of duties in
bills oyianks of this State 121, 122, 387
Commissioners to Slaveholding States, resolutions for...31, 93, 127, 482
election of..... 150, 153, 154, 156, 157, 158
commissions to be issued to .* 1<?1
President to appoint certain 158, 162
INDEX.
855
Commissioners to Washington, resolutions providing for..... 32, 53
election of. 55, 56, 59
authorized to appoint a Secretary 6£
to receive per diem and mileage 63
commissions for 63
despatches from .*. 115, 122, 134, 137, 162
report of <... 172.
resolutions concerning 173
requested to prepare statement 177
correspondence between President of U. S. and 484
Commissions for removal of negroes, &c 340, 348, 355, 393, 394
reports of 4l4, 116, 425, 429, 451, 743
Committees, Delegates added to 74, 214, 320, 340, 355, 414, 450
.COMMITTEES, SPECIAL.
To conduct the President elect to the ^hair ...^....9
To wait on Commissioners from Alabama and Mississippi 10
To wait on Hon. Howell Cobb....# ...10
To procure a place of meeting in Charleston 10
To prepare an address to the people of the Southern States 21
To procure another Hall for the meeting of the Conception...21
On printing 22,* 29
On the property of the "0. S. in Soutli Carolina P.....: 22
To draft an Ordinance of Secession 23
To make arrangements for convenient a'ccess to the Hall 28
To wait on the Governor to ascertain if he had any_ com¬
munication to make in Secret 'Session 53, 54
To inquire how much of the legislation of Congress would
'be abrogated by the secession of the State .61
To wait on the Governor, and invite him to attend the
Secret Sessions... 108
To transmit a communication, to the Governor...* ...108
To call the Convention together in a certain Con¬
tingency ...168, 287, 380
To prepare designs for an ensign for the State -....158
To report measures necessary for protection of parties to
cases in Court 264
To visit the Governor and Commander of the Forces, and
invite them to make any communication 292
856
INDEX.
COMMITTEES, SPECIAL.
To report a scheme of action in relation to slaves in pos-
. session of the egemy (Com. No. 1) 306, 313
To report upon the action of the State in reference to un- ..
tenable territory (Com., No. 2) ..306, 313
To report a plan by which the State can aid the Confederate
authorities in expelling invaders (Com. No. 3)....307, 313
To report a plan for building or procuring war vessels
(Com. No. 4) 307, 314
To report a plan for strengthening the Executive Depart¬
ment (Com. No. 5)...; v307, 314
To wait on members elected to Executive Council 383
To inform the Governor of assembling of the Convention 4C2
On communication from the Governor and accompanying.
documents : 402
On the repeal of the. Ordinance for strengthening the Ex¬
ecutive Department 407
COMMITTEES, STANDING.
Resolution for appointment of 21, 29
On Printing ' 29, 340
On Relations with the Slaveholding States of North America...40
On Foreign Relations 40
On Comihercial Relations and Postal Arrangements 41, 214
On the Constitution of the State .* 41, 74, 214, 451?
i On Accounts 73, 82, 319, 320
Engrossing Committee....... 73
On the Military 222, 314, 320
Comptroller General, resolution for abolishing office of...327, 329, 357
Confederate Congress, resolution concerning vacancies in 269, 290
Confederate Loan, resolution authorizing subscription to ...540
Conner, II, 'W., resolutions on death of... 188
.Constitution of Confederate States 819, 831
resolutions concerning 186, 187, 188, 191, 194, 207,
' . . 209, 214, 216, 229,236
proposed amendments to....207, 214, 243, 244, 245, 249,
253, 255, 257, 258, 260, 413, 423, 539
resolutions in regard to'publication of debates on. ..252, 272,
414, 5'S:)
INDEX.
857
Constitution of the State of South Carolina . 803
Ordinances to alter...51, 77» 78, 02, 108, 110, 200", 234,
235, 242, 243,. 279, 754, 758, 760, 768, 771
■resolution of inquiry as to alteration of 199, 235
resolution for engrossing * 242, 550
ratification of 279
resolutions for suspending cortain portions of....308, 309,
r 330, 379
resolution concerning <jhanges in 450
B$s to alter and amend 777, 778
Construction and Manufacture, report of Chief of Department of....712
Contracts, resolution in. relation to laws.arresting or suspending....315,
429, 451
Convention, .first session of...... ....3
resolution for opening daily sessions of, with prayer 5
President authorized to appoint officers of 9, 163
resolution for adjournment of, to Charleston 10
officers of, appointed..... 11, 41^ 163, 183, 292, 305
resolutions for adjournment of......57, 137, 151, 158, 164,
165, 174, 241, 252, 284, 285, 296, 388, 395
resolutions for recess of 82, 91
resolutions for payment of expenses of. 123, 174, 178,
268, 278, 352, 437
Committee to call together.*.. 155, 168,' 274, 284, 287, 380
Proclamation couvoicing second session of 181
Second session of 18? .
resolutions for dissolution of... 241, 284
Proclamation convoking third session of. 299
Third session of v 301
. resolutions for closing third session of, with prayer.387, 395
Proclamation convoking fourth session of. 397
Fourth session of ' 399
Act to provide for calling 459
List of members of 847
V
Convention of Confederate States, communication from - 183
Convention of Slaveholding Stutes, Ordinance providing for...92, 114,
118, 124
resolution providing for : 118, 126, 132, 483
Convention of States, resolutions for .summoning, to^considcr amend¬
ments to Constitution of Confederate States....243/244, 264, 539
108 .
858
INDEX.
Correspondence with. President of TJ. S , 178, 177, 484
Council of Safety, resolution fyr appointment of 22, 30, 52
Court of Appeals, rcsolutio^concerning cases in 228
Counts of Law, resolutions concerning jurisdiction,of.74, 123, 264, 274
(See Ordinance concerning Judicial Powers.) «'
Cowperthwait, E. R., account of - .,157, 503
Custom House, resolutions concerning 31, 45, 4G, 47, 56
resolution of inquiry relative to expenses of...142, 147
resolution of inquiry as to condition of new...143, 146
. Darby, A. T., Delegate from St. Matthew's, granted leave to
sign Ordinance of Secession 113
Dargao, J. A., resolution on death of 1>9 .
Davis, D. W., appointed Messenger. 183
Declaration of Causes justifying Secession......31, 39, 56, 75, 88, 461
• Copies to be sent to other States _ 82
Defence of Coast, resolution concerning 307
Defence of State, request for additional troops for 357, 375
Officers authorized to compel'persons to take ,
up arms for 316, 340
Delegates attended, signed the roll and took their seats 5, 11, 20,
113,196,203,306,333,401
added to'Committees 74, 214, 320, 340, 355, 414, 450
leave granted to change votes 265
leave granted to record votes 21, 28, 95, 243, 252, 265,
' ^ 268, 269, 365,373
leave of absence granted to. ....52, 55,' 56, 78, 80, 91, 114,
118, 123, 143, 151, 153, 161, 163, 174,177, 212, 228,
229, 241, 251, 265, 268, 270, 273, 274, 281, 288, 292,
293, 306, 312, 319, 324, 325, 326, 331, 333, 337, 339,
,346, 350, 361, 376, 378, ,401, 408,411, 414, 417, 421,
429,431
DeLorme, C. II., appointed Messenger.. 305
Deputies to Convention of Slaveholding States 132, ,143, 163, 483
balloting for 171, 172, 173
Dickiuson, Hon. Henry, invited to seat on floor of Convention 14
Donations to State, resolution of thanks for ..282
INDEX.
859
Duties on Imports, resolutions in relation to 46, 47, 58, 68, 85,
87, 96, 98, 100, 131, 249, 253,' 257, 260, 358, 378, 579
E.'
Elmore, John A., Commissioner from Alabama, invited to
scat on floor of Convention.... ....< .10
address by ........,...'..11
invited to accompany Convention to Charleston....14
credentials of 14, 17
communication from ...,26
Engrossing Committee-authorized to employ clerks... 82
Enlisted Troops, transferor, to Confederate Government 221, 222,
242,266,510, 535,537
Ensign of South Carolina, Committee appointed to prepare 158
Executive Council, resolutions providing for .109, 308, 343, 348,
' 353, 362, 365, 369
nomination of, by Governor 136, 511
confirmation of .*. 137, 243
balloting »for .375, 376, 379
oath administered to 383
journals of, to be open to public-inspection..427,452
Executive Department, Ordinance to alter Constitution in
■ relation toil....... 77, 92, 108, 110, 243,
251, 279, 758
resolution for strengthening. 307
Ordinance for strengthening 325, 337, 340,
342, 348, 358, 355, 356, 362, 426, 793, 798
Expulsion of invading enemy, resolutions concerning..* .....307
Factories, exemption of overseers in , 356,-361, 380
Federal Government, Ordinances in-relation to officers of..........57, 87
resolution in relation to powers delegated to....62
(See Ordinance oh tjiis subject.)
First Regiment S. C. .Vuluutcers, resolution fur tendering
to Confederate States 242, 266, 270, 511, 538
Forster, Alex. M., communication from 411
860
INDEX.
Fort Sumter,.resolution for restoring possession of, to the State......65
demanding delivery of 65
in relation to garrisoning of 66
asking information from Governor
in relation to .' ' 90
authorizing Governor to make pre¬
paration for recapture or destruction of...107
authorizing Governor to prevent ^
communication with 108
communication from commandant of 108
resolution in relation to occupation of. 108
authorizing G overnor to take immediate
military measures in relation to...: Ill
in relation to withdrawal of troop3 from 115
to cut off supplies from 187
Forts, arsenals, &c., transfer of, to Confederate Goverment 509, 776
(See Ordinances.)
Forts in Charleston Harbor, report of Committee on .....64:
resolutions in relation to the delivery of, to the State...32^ 53,
'54, 65, 66, 70
asking information from the Governor in relation to 90
authorizing Governor to take possession of '. .107, 110
approving conduct of Governor in taking possession of 115
•communication from Governor concerning .'. 121
invitation to visit 198
resolution of thanks to Gen. Beauregard for visit to 235
resolutions for strengthening 280, 281, 284
Frost, .Edward, member of Executive Council 243
G. ■
Gadberry, James M., resolutions on death of 493
Garlington, A. C., member'of Executive Council 137
Garrott, J. W., invited to seat on floor of Convention 91
communication from 113
General Assembly, attended signing of Ordinance of Secession ..45, 58
copies of Ordinances to be sent to 122
resolution vesting powers in • 172
resolution suspending certain Acts of 308
exemption of members of, from militia duty....320
INDEX.
861
General Assembly, Ordinance .giving powers to...' 800
Georgetown, resolutions concerning abandonment of. 430, 451
Georgia, communication from members of Legislature of..23, 28, 62, 477
thanks tendered to volunteers from 333
Gibbes, James G., & Co., communication from.;. 355, 361, 380
Gibbes, Dr. R. W., appointed Printer to Convention 318
account of 437, 441, 743
Gist, Wtn. H., elected member of Executive Council... 379
oath of office administered to : ' .383,
Glass, P. B., account of 82, 123, 503
Governor, invitation to attencTinauguration of..... % 5
resolution in relation to : 14
invited to seat on floor of Convention 39
invited to attend secret sessions 107
addressed Convention ; 108
copies of Ordinances to be sent to J.22
communications from ,121, 136,- 140, 154, 203, 221,
321, 385, 402, 509, 553~ 585
Green, H. D., communication from 176
Greg<r, Maxcy, communication from 373
Greneker, R. H., account of 437, 441, 743
H.
Hanckel, T. M., appointed .Deputy Cashier 292
Jdayne,.I. W., elected member of Executive;Council .....378
oath of office administered to,....- ......383
Heriot, Benj. D., communication from 143, 147
Heriot, Benj. G., communication from 143, 147
Honour, John H., communication from 305
Hooker,.Charles E., Commissioner from Mississippi, invited to
seat on floor ofipConvention 10
address by ". 11
invited to accompany Convention to Charleston. 14
credentials of. ...14, 15
communication from 55
Horton & Shepherd, account of 157, 503,
Horry Dispatch, account of 252, 278
882
INDEX.
I.
Infantry, resolution for raising, for State service 123, 134, 137,
140, 141, 222
Interior, report of Secretary of 523
Internal Improvements, resolution concerning 413, 417, 425
Jamison, D. F., temporary President.. 3
address of * 3
elected permanent President 9
addresses by 9, 183, 288, 302, 394, 399, 453
Member of Executive Council 13J
Jones, Lewis, account of 319, 361, 578
Justice and Police, report of Chief of Department of, with accom-.
panying papers 649
Lambert & Howell, accounts of 157, 284, 288, 503
LaMotte, C. 0., appointed Messenger 11
Letters of Marque, Ordinance for issuing 142, 151, 172
Librarian (See Theodore $t!irk).
Light Artillery, resolutions for arming and equipping 334, 340, 574
Lights and Deacons, resolution for removal, of. 138, 140
Logan, 11. 0., appointed Cashier 41
Lyies, Wrn, S., resolutions on death of 403
Magrath, A. G., Member of Executive Council 137
Manning, John L., elected Commissioner to Louisiana 154
communication from ...'.....198
Marion Star, account of 352, 361, 578
Marlboro' District, petition of citizens of 407, 425, 438, 441
Martial Law, resolution authoruing'Oovernor to declare 142, 146
Mayor of Charleston invited to seat on floor of Convention ..39
McQueen, John, elected Commissioner to Texas 156
communication from .-273
INDEX.
863
Means, John H., resolutions on death of,... 408
Members of Congress invited to seats on floor of Convention 124
Memminger, C. G., member of Executive Council 137
Military, report of Chief of Department of, with accompanying
papers: 587
Militia, resolutions for organizing certain portions of 329, 347,
358, 575
Militia duty, exemption from 320, 321
Mississippi, Commissioner.from (See Charles E. Hooker).
Mordccai, Benjamin, resolution concerning donation,froni ....282
N.' *
Negroes, removal of, from exposed Districts 306, 313, 325,.330,
334, 346,. 347, 353, 379, 570
Negro stealing, resolution concerning 321, 375
Nettles, Samuel J., appointed Doorkeeper.. 11
New Orleans, despatch from Mayor of 176
Non-slaveholding States, resolutions in relation to admission of ....413,
417j 419, 423, 425, 732
North Carolina, despatch* sent to Governor of.,.. ..151
o.
Oath of office, Ordinance in relation to 51
Officers of Convention, resolutions Cor payment of...178, 268, 352,437
Officers in military service eligible to seat in Legislature 429, 451
Officers of military, resolution for appointment of... 320
Officers in U. S. service, Ordinance in reference to resignation of....58
ORDINANCES PASSED.
To dissolve the union between the State of South Carolina
and other States united with her under the com¬
pact entitled " The Constitution of the. United
States of America" :.....-42, 751
To alter the Constitution of the State of South Carolina, in
respect to the oath of office /. 51, 754
To make Provisional Postal Arrangements in South
Carolina 67, 755
Repealed 771
864
INDEX.
ORDINANCES PASSED.
To provide for the continuance of Commercial facilities in
South Carolina 67, 75, 78, 83, £3, 195, 756
Repealed.i I.,....- 771
To amend the Constitution of the State of South Carolina
in respect to the -Executive Department 77, 92, 108,
110, 758
Amended 775
. To alter the Constitution of the State of South Carolina,
by striking out certain words in sundry places 78, 92,
110,760
Repealed 771
Concerning Judicial Powers 108, 123, 143, 762
Repealed , 771
Concerning powers lately vested in the Congress of the
United States 108, 143, 763
Repealed 771
To define and punish Treason lfO, 143, 761
Concerning Citizenship 110, 144, 148, 764
Amended 770
'To vest in the General Assembly the power to establish
Postal Arrangements 17,7, 766
Repealed 771
To amend an Ordinance concerning citizenship.187, 235, 241, 770
To ratify the Provisional Constitution and Government of
the Confederate States of America > 199, 270,774
To ratify the Constitution of the Confederate States of
America 200, §16, 222, 226, 228, 236, 238, 252, 767
To repeal sundry Ordinances, and to alter the Fourth Arti¬
cle and sundry Sections of the Constitution 200, 235,
242, 243, 771
To transfer to the Government of the Confederate States of
America the use and occupancy of the forts, arse¬
nals, navy yards, custom houses, and other public
sites, within the limits of this State .203, 273, 281,
•• 282, 776
To alter the tenth section of the first Article of the Consti-
tution of the State of South Carolina, and the
amendment thereof ratified the 28th of January,
INDEX.
865
ORDINANCES PASSED.
1861; also, to.alter the tenth section of the amend¬
ments ratified on'the 1.7th day of December, 1808",
and likewise the second clause of the eleventh Ar¬
ticle of the Constitution aforesaid 235, 242, 768
To repeal in part, and to alter in part, the Ordinance en¬
titled " An Ordinance to amend the Constitution
of the State of South Carolina, in respect to the
Executive Department i 279, 775
To provide for the removal of negroes and other property
from portions of the State which may be invaded
by the enemy 31*25, 330, 334, 355, 779
To exempt Overseers from the performance of militia duty...325,
' 336, 355, 783
For strengthening the Executive Department during the
exigencies of the present war 325, 337, 340, 342, 348,
353, 355, 356, 362, 369, 793
Amended 798
To suspend in part the operation of an Act of the General
Assembly, entitled "An Act regulating and fixing
the salaries of officers, and for other purposes there-
, in mentioned" ,...». 330, 357, 788
Further to provide for the Harbor and Coast Defences of
the State 333, 358, 375, 789
To enable citizens of this State who are in military service ,
to exercise the right of suffrage 347, 356, 785
To provide for holding .elections in Districts occupied or
threatened by the enemy 347, 357, 784
In relation to a portion of the militia 347, 359, 376, 379,
* • 380, 791
Fo suspend certain parts of the Constitution of the State
of South Carolina ...: 379, 380, 797
To amend an Ordinance entitled "An Ordinance for
strengthening the Executive Department during
the exigencies of the present war "...431, 438, 445, 447,
449,450, 798
To give to the General Assembly power in reference to
certain Ordinances and Resolutions of this Conven¬
tion '. 452, 800
109
866
INDEX.
ORDINANCES NOT PASSED.
In relation to citizens of South Carolina who may resign
their commissions in the navel or military service of
the United States 58
To provide for the continuance of Commercial delations in
South Carolina . 68, 75, 78, 83
Concerning Admiralty and Maritime Jurisdiction 74
Recommending and providing for a Convention, of the
Slaveholding States of the United States, to form
the Constitution of a Southern Confederacy 92, 114,
118, 124
Authorizing the Governor to issue Letters of Marque and
, Reprisal 142, 151, 172
Ordering a Convention of the People of the State of South
Car&lina, on a certain contingency 199
To provide for the appointment of Electors of President and
Vice President of the Confederate States of America..200
To amend the ninth Article of the Constitution of the
State of South Carolina 200, 234, 242
To amend an Ordinance entitled "An Ordinance to alter
the Constitution of the State,of South Carolina, by
striking out certain words in sundry places ".2Q0, 235, 211
To provide an armed force for the defence of the State..314, 330,
347, 359, 576
To afford pecuniary relief to the people of this State 353, 373
Supplemental to, and'amendatory of, an Ordinance to pro- ■
vide for the removal of negroes and other property
from portions ofthe State which may be invaded by
the ^nemy 371, 383
To repeal an Ordinance entitled "An Ordinance for
strengthening the Executive Department during the
exigencies of the present war," and for other pur-
' poses 406,425,430,431,438,441,443,447,449, 450
To amend the fourth section of the first Article of the
Constitution 407, 414
To repeal "An Ordinance to suspend certain parts of the
Constitution of the State of South Carolina "..408, 416, 426
To amend the thirteenth section of the first Article of the
Constitution of the State of Soutlr Carolina..414, 417, 426
INDEX. 867
Ordinances, copies of, to be sent to certain persons... 122, 379
resolutions for printing and distribution of...73, 271, 392,
' 45i; 546, 747
Orphan House of Charleston, invitation to visit 62
Orr, James L., elected Commissioner to Washington 59
elected Commissioner to Georgia ..156
communication from 197
P.
Palmer, Rev. B. M., invited to deliver discourse..... 435
communication from...., 450
Parker, Francis S., communication from... .? 411
Pay of Delegates, resolutions providing for..-...165, 174, 285, 352, 437
Pelham, C. P., account of 429, 437, 742
Perry, M. S., invited to seat on floor of Convention 73
communication- from -....81
Police regulations for seaboard Districts 334, 359
Porcher, F. J., appointed Cashier pro tern 163
Post Master of Charleston, communication from 26
Post Offices, Ordinances concerning 45, 46, 47, 56
Post Office Department, report of..- 593
President of Convention (See D. F. Jamison).
President of Senate invited to seat on floor of Convention .....39
President of the United States, correspondence between Com-
misssioners and 484
President and Vice President of Confederate' States, resolutions
for election of, by Conventions of States..- 163, 169
Pressley, John G., appointed Deputy Cashier... 41
communication from 361.
Printers, Evans & Cogswell appointed 28
resolutions in relation to accounts of. 73, 387, 452
Dr. R. W. Gibbes appointed 313
certain, sworn to secrecy.... 325, 326, 329, 356
secret work by 326
Printing, resolution authorizing Committee to receive proposals for.306
report on proposals *. 312
Property of United States in South Carolina 22, 30, 32, 53, 54,
65,66, 70
868
INDEX.
Provisional Government, resolution providing for 127, 129, 164,
170, 483
resolution of confidence in 187, 279
R.
REPORTS OF COMMITTEES. '
ACCOUNTS.
On sundry accounts 123, 157, 171, 252, 288, 361, 378, 425,
429, 503, 504, 549, 578, 742
COMMERCIAL RELATIONS AND POSTAL ARRANGEMENTS.
•
On provisional postal arrangements 67
On customs and officers 67, 75, 78, 83, 93
On new Custom House 146
On communications-from B. D. Heriot and B. G. Heriot.......147
On expenses of Custom House » 147
On drafts on Sub Treasurer ....161
On communications from Post Master General and Secretary
of the Treasury 225
On a resolution for memorializing Congress to repeal or
suspend the duties on imports 378, 579
CONSTITUTION OF THE STATE.
On Ordinances to alter the Constitution 77, 78, 92,108,
110, 234, 235, 242, 251, 330, 357, 572, 733
On sundy Ordinances 108, 143, 145, 235, 242, 733
On a resolution of inquiry concerning the offices of Comp¬
troller General and Treasurer 357, 571
On a resolution of inquiry as to matters now requiring
modification or repeal 748
ENGROSSED , ORDINANCES.
On sundry Ordinances 143, 156, 170, 228, 278, 279, 288,
291, 340,392, 452, 505, 547
On resolutions concerning the publication cf the secret
journals, &e 242, 270, 392, 451, 544, 744
INDEX.
869
REPORTS OF COMMITTEES.
foreign relations.
On the appointment of Commissioners to treat with the
United States 53, 70
On resolutions making known to Foreign Powers the seces¬
sion of the State 171
On letters of marque and reprisal 7.151, 172
On the report of the Secretary of State 285, 542
military.
On communication from the Governor, with accompanying
documents, and resolutions concerning volunteer
companies...... 242, 265, 266, 270, 535 ■
"On forces raised for local defence 282
On increasing the powers-of the Adjutant General 325, 333,
334, 568
On liability of aliens to perform military duty .330, 357
On compellingpersons to arm in .defence of the State 340, 568
In relation to the Surgeon General's Department....340, 358, 573
In relation to organizing and equipping Artillery Compa¬
nies 340, 358, 573
In relation to public arms 340, 358, 574
On communication from the Governor as to forces in Con¬
federate service 347,858,575
On organizing certain portions of the Militia 347, 358, 575
Ou appointment of officers in cases of draft 347, 858
On an Ordinance to provide an armed force for the defence
of the State ... .V.....347, 3o8, 576
printing.
On proposals for printing.... 28, 312
On.printing Address to the People of the Slaveholding
States.... .156
On photographing Ordinance of Secession 172, 204
On printing correspondence with the President of the
United States —177
On lithographing the Ordinance of Secession 204, 543
On printing Journals of Convention... 268, 282
870
INDEX.
REPORTS OF COMMITTEES.
BELATIONS WITH SLAVEHOLDING STATES.
Oa sundry resolutions providing for a Convention of the
Slaveholding States 80, 92, 114, 118, 124, 126, 143
On an Ordinance concerning cession of Forts, &c 228.
Providing for Commissioners to Slaveholding States "480
SPECIAL COMMITTEES.
On draft of Ordinance of Secession 42
On Address to the People of the Southern States 61, 71, 74,
' 75, 88
On Declaration of causes justifying secession 56, 75, 88
On Address of Members of General Assembly of Georgia
62,-477
On property of the United States within the limits of
South Carolina 63
On .the Legislation of Congress abrogated bv act of seces¬
sion 199, 292
On measures necessary to protect parties to cases now pend¬
ing in courts 274
On communications from the Governor and Commander of
the forces in Charleston 296
On providing more efficient police regulations for Districts
on the Seaboard 359, 577
On affording aid to the Confederate authorities 325, 359, 373
On voluntary removal of negroes '..353
On removal of non-combatants from Charleston ,...370, 376,
383,-386, 388, 393, 580, 582
Concerning negroes stolen by the enemy 375
On communication from the Governor and accompanying .
reports of the Executive Council 417, 426, 429, 430,
441, 734
On repealing the Ordinance strengthening the Executive
Department 425, 430, 431
Representatives in Congress of United States invited to seat on
floor of Convention... 124
requested to prepare paper for publication 174, 178
Representation, resolution concerning <..,....287
INDEX.
871
REPORTS OF COMMITTEES.
Representation, provision for, in Districts occupied or threatened
by the enemy 337, 347, 357
Reserves; Regiment of, resolution concerning 329
Rules of Convention 9, 27, 35
Rutledge, R. H., appointed Deputy Cashier pro lem 163
communication from...... 311
S.
St. Andrew's Society, communication from 160
sundry articles placed at the disposal of.......26(9
St. Matthew's Parish, resolution for election of Delegate for 10
Schouboe, F. L., account Of 178, 252, 549
appointed Doorkeeper ....183
Secession of State, resolutions providing for 11
Secession, Ordinance of, Committee appointed to draft.../.... 23
as adopted 42, 751
adoption of..... 43
resolution for signing 45
signing of 48,113
ratification of..... 49
resolution for photographing 74, 172, 204
copies of, to be sent to Governors of other
States, and Ministers of Foreign Powers.82,
156, 171
resolution for disposition of appurtenances'
used in signing 178
report on lithographing 204, 543
Secession, statement of causes justifying *....31, 39, 56, 75, 88, 461
resolution for ascertaining how legislation of Congress
is affected by 35, 58, 199
Secret sessions, resolutions concerning .....210, 215
resolutions in relation to printing proceedings of...236,
242,271, 361, 392, 403,409,413,414,451,544, 744
certain persons sworn to perform printing fon..325, 326
remissness"of certain Delegates in relation to 334
Secretary of State,, report of : 516
Silcox, D. H., account of. 157, 503
872
INDEX.
Simons, T. Y., appointed temporary Secretary 3
Slaveholding States, Committee on relations with .-29, 40
resolutions for provisional union of 31
for confederacy of 32
for-assemblage of. 41
address to People of 21, 51, 74, 75, 82, 88,
* 487, 158
Slaves in possession of the enemy, resolution concerning.... 306
Solicitor to prepare commissions for Commissioners to Washington...63
per diem and mileage allowed to 278, 352, 437
South Carolina Volunteers, thanks of Convention tendered to........440
names of deceased to be recorded 440
Spain, A. C., elected Commissioner to Arkansas 154
communication from : 197
Speaker House of Representatives invited" to seat on floor of
Convention 39
Spratt, L. W., elected Commissioner to Florida 150
communication from 196
Stark, Theodore, communication from 326
admitted to seat on floor of Convention 326
accounts of 376, 378, 441, 451, 578, 743
per .diem allowed to 378,441
State Arms, resolution concerning 315, 553
State Forces in service of- Confederate States, resolution con¬
cerning , ..314, 553
State Troops, resolution concerning '. 412, 417
statement of, in service ; ...560, 565
£See also reports of Adjutant and Inspector General.)
Statement of interview with President Buchanan i.498
Stokes, PI. R., account of 73, 82, 123, 503
Suares, J. E., account of 157, 503
Sub-Treasurer of United States, resolution in relation to drafts
on 155, 168, P39
Surgeon General's Department, resolution concerning...330, 340, 573
T.
Treasurers of Upper and Lower Divisions, resolution for abolish¬
ing offices of 1 327, 329, 357
INDEX.
Treasury, Secretary of, resolution creating office of ..827, 329
report of * — 524
Treasury and Finance, report of Chief of Department of !688
Trcscot, "VYm. H., resolution of thanks to 173
Trimmier, W. H., accounts of 408, 425, 431, 742
Twiggs, Gen. D. E., resolution of thanks to 296
*
u. v.
Untenable territory, resolution concerning 306, 370
Vacant offices, resolution for filling 821
'Vessels, certain to be registered as belonging to South Carolina 95
Volunteers,-Governor authorized to receive, from abroad 110
resolutions in relation to bonds for arms from... 270
resolutions concerning South Carolina..242, 266, 270, 538
concerning, now in State service 316
Volunteer Companies, resolutions for reception of 150, 173
officers .in,, not disqualified from holding
office in State 177
Governor authorized to commission officers
of ......241, 320, 358, 382, 541
resolutions of thanks to 283, 295
Volunteer Forces, resolutions for tendering to Confederate States....222,
242, 266, 270, '537
W.
Waddell, S., appointed Doorkeeper 305
War, report of Secretary of 518
Wardlaw, F. H., resolutions on death of '. 317
Watts, W. D., resolutions on death of .• i 317
Webb & Sage, account of. 284, 288
Whitner, J. N., communication from 401
Wigfall, L. T., communication from ." ..108
invited to seat on floor of Convention... 224
Withers, T. J., resignation of 319, 352
Y.
Yorkville Enquirer, account of.
412, 429, 437, 743
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