^C3^€^3mM ' AN ADDKESS TO THE CITIZENS OF ALABAMA. ON THE CONSTITUTION AND LAWS fl) I? f I) OF THE to ( CONFEDERATE STATES OF AMERICA, % BY THE HON. ROBERT H. SMITH, At Temparan.ee Hall, on the- 30th of March, L861. I [PUBLISHED BY REQUEST OF THE CITIZENS OF MOBILE.] MOBILE: MOBILE DAILY REGISTER TRINT. 1861. ^ < y63 < yC3 < r69 < y€ 3^ George Washington Flowers Memorial Collection DUKE UNIVERSITY LIBRARY ESTABLISHED BY THE FAMILY OF COLONEL FLOWERS AN ADDRESS TO THE CITIZENS OF ALABAMA, ON THE CONSTITUTION AND LAWS OF THE CONFEDERATE STATES OF AMERICA, BY THE HON. ROBERT H. SMITH, At Temperance Hall, on the 30th of March, 1861. [published by request of the citizens of mobile.] MOBILE: HOBILB DAILY REGISTER TRTNT. 186L « < >!;!. I ISPONI>EN< E. MOBILE, It April 1861 Hon. RonKRT H. Smith, Mobile: Sir— We hoard with much pleasure the able Addraai you delirexed at the Temperance Hall on the night of the 30th ultimo, on the Constitution and Laws of tHn Confedi America. We are satisfied that such an exposition r.f the reasons and motives, which in- duced the Congress of the Confederate States to make the changes they have done, in our Federal Constitution and Laws, coming from a prominent member of ;hat body, must be in- teresting and acceptable to the public. We therefore respectfully request a copy oi yotM Address for publication. Very respectfully, yours, &c. C. J. MaRAE, A. F. HOPKINS, JAMES S. DEAS, S. J. MURPHY, WM. W. ALLEN, L. M. WHBON, J. J. WALKER, FRED'K B. SHEPARD, T. J. BUTLER, HENRY MYERS, JOS. K. MURRELL, S. G. BATTLE. T. L. TOULMiV, HUGH McCAW, WM. D. DUNN, WM. S. .It INKS. NKWTON ST. JOHN, ROBERT W. SMITH, CHAS. W A LSI I, PBICE WILLIAMS JOHN H. GARNER, A. ROYSTER, H. A. HURXTHAL, R, T. DADE, J. A. M. BATTLE, B. F. MARSHALL, ROBERT S. BUNKER, ROBERT B. ARM1STEAD. MOBILE, April 1st, 1861. Gtntlemen — In reply to yonr kind note of to day, asking for publication a copy of my Ad- dress on the Constitution and Laws of the Confederate States of America, 1 herewith Bend you the paper desired. Very respectfully, yours, &c, ROBT. H. SMITH. To Mes»ra. C. J. McRak, A. F. Hopkins, Jajbss S. DlAB, and others. IliU I uwnwi ADDRESS ON THE Eon&fifution an!) Laws of tin: Confebcraic States* Fellow- Citizens of the Confederate States of America: The Congress of which I am a member, and whose labors have been eventful in our history, has, after a session of sis weeks, taken a recess until the second Monday in May next : and in view of the momentous questions with which it has had to deal and of the consequences which hang upon its work, it seems to me pro- per on returning home to address the citizens of our Commercial Metropolis, and the people of Alabama generally who may be here, upon the present condition and future prospects of our political affairs. I have, therefore, invited your attendance this evening to lay before you, so far as an observance of the secrecy of our proceedings will admit, the course and action of the Con- gress of the Confederate States of America and to express my views of the destiny of our New Republic. I shall seek to dis- charge the task plainly and simply ; for my object is not to entertain you with a speech, but to converse with you as a neighbor. Our ordinance of secession invited the People of the Southern States to meet the People of the State of Alabama at Mont- gomery on the 4th day of February, " for the purpose of consult- ing with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security." And the resolution, under which we were elected, authorized us to meet such deputies as might be appointed from the other slave- holding States, which should secede from the Federal Union, for the purpose of "framing a Provisional Government upon the prin- ciples of the Constitution of the United States, and also to prepare and consider upon a plan for the creation and establishment of a Permanent Government for the seceding States upon the same principles, which shall he suhmitted to Conventions of such seced- ing States for adoption or rejection." We met and consulted and framed a Provisional Government, by adopting the Constitution and enacting the laws to which you are now obedient, and we have suhmitted a plan for the creation and establishment of a Permanent Government of the seceded States. I am gratified to know that our State Convention lias accepted this Constitution by an almost unanimous vote and the act meets, so far as I have ascertained, the approbation of our people, The first question, which necessarily arrested the attention of the Convention was what powers should it exercise, in view of the authority conferred and the condition and wants of the constitu- ency represented. We assembled as the Deputies of six separate States for the purpose of securing concerted and harmonious action in such measures as might be deemed most desirable for our common peace and security ; and to this end we were in- structed, as I have said, to frame a Provisional Government upon the principles of the Constitution of the United States. Each State had seceded with the expectation of speedily form- ing a close bond of union with her sympathizing sisters, and the great object of the Convention was to bind together the broken fragments of a separated, but homogeneous people, and tbus " establish justice, insufe domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves, and our posterity." The long strife with the non-slaveholding States had ended in a disruption of our relations with the Government. The Consti- tution of our Fathers had been long and persistently abused to our injury, until a hostile party was coming into power, whose rule of action was the almost single idea of embittered hate to- wards our people and our institutions, unmindful of the Constitu- tional guaranties which were intended as checks against popular majorities. It's elected President looked to his advent to power with the narrow vision of a sectional partisan and heard in the complaints and saw in the resistance of a free people nothing but the clamor of rebels, who were to be punished. It is impossible to doubt that it was Mr. Lincoln's policy, under the name of enforcing the laws, to retake the forts, to collect the revenue of the United States in our Ports and to reduce the seceded States to obedience to the behests of his party. His purpose therefore was war upon, and subjugation of our people. I need not tell you that this state of things demanded prompt and united resist- ance and that the position assumed by the seceded States was to be maintained at any and every hazard. Each State had for herself put on the armor of war, but the cause was a common one, and the cardinal object of assembling a Congress was to meet and provide for a common exigency ; and the required Provisional Government could only be framed, so as to respond to the high purposes aimed at, by the exercise of legislative powers. In- deed the letter of our authority would not have been fulfilled, had we simply made a Provisional Constitution without the enactment of laws ; for by stopping at the creation of the fundamental law, we should have performed but one important part in framing a Government. The necessities of the occasion demanded prompt and efficient military organization under the direction of one power ; the col- lection of revenues at a few seaports for defraying the expenses of the common cause ; the enactment and administration of laws emanating from an acknowledged head empowered to speak, within the sphere of its authority, in the name of the whole ; the creation of a Government which would command obedience at home and acknowledgment and respect abroad, and which, by the promptitude, efficiency and wisdom of its action, might avert the calamities of war, or, failing in this high hope, success- fully maintain, through the last appeal of nations, the rights of these States. For myself, I never doubted but the warrant of our authority, the expectations of the public and the necessities of the occasion, demanded that the Convention should adopt and put in motion the Government of the Confederate States, by enacting as a Congress such laws as the exigency required. In my opinion, we are this day indebted to such a course for the pacific policy now beginning to prevail at Washington ; for a change from threatening war to promised peace ; for that revival of confi- dence which business to-day exhibits in your streets, and for that cementing together of public opinion so happily illustrated in the councils of our State in the adoption of a permanent Constitu- tion ; and what is more and least disputable, to it we are indebt- ed for the power of this Confederacy to maintain by arms the position we have taken. Fellow-citizens, you have but to trace with your memories a lit- tle more than one abort month, to know what prospects, what hopes, what realities have been created. Division, doubt and uncer- tainty have been succeeded by unanimity, confidence and stability. Revolution has been accomplished without anarchy ; and, whether our independence is to be received and treated as a tact by other nations or is yet to he baptized in blond, we feel assured that our nationality is a successful and an irrevocable deed. You have but to read the speeches ot' Mr. Lincoln on his journey to Wash- ington, in contrast with the present tone of the Administration, to realize the effect of our conduct upon our enemies. You have. but to compare the speeches of the President of these Confede- rate States with those of the President of the United States to feel proud of the contrast between the statesman ami the. narrow- minded and ignorant partisan. For the truth of which latter assertion, if proof be wanted, I would refer you to the editorials of the National Intelligencer, supposed to represent the views of the Premier of the United States, refusing even to credit the accuracy of the reports of speeches made by Mr. Lincoln on his journey to Washington. We met on the fourth of February to create a Government, and to give to it such solidity and strength as would challenge the confidence of our public and the respect of the world. To be effectually done it had to spring into strength in one short month and to spread, as if by a magic touch, confidence to the pursuits of our people. But I need not pursue this part of my subject. The act and its results are before you, and for one I stand ready to answer at the bar of present opinion and to abide by the judgment of posterity as to the patriotism and wisdom which caused the Convention of the Confederate States to resolve itself into a Legislative Congress. We deliberated and acted with closed doors, but the results of our labors are before the world ; for our laws were promulgated as they were approved by the President. If they are wise it matters not what discussion caused their adoption ; if unwise nothing can or should redeem them from censure. I do not deny nor even doubt the importance of open discussion in a free Gov- ernment, but there are occasions when every Power must delibe- rate with closed doors, and, in our case, all circumstances com- bined to render this not only proper but necessary. We had much to do in a short time and the matter was of the gravest importance; for we had a nation to form, and peace and waf hung trembling in the balance. The Convention that in time of peace passed the Constitution of the United States had given us its high example of the necessity of secret sessions. Calm, unbiassed deliberations, unrestrained even by the pre-expressed opinions of the members themselves 5 as well as freedom from all motive or hope of individual eclat were promoted by closed doors ; but apart from these considerations, it was of the highest importance that our actions should not be anticipated and misrepresented through the appliances of news mongers and sensation telegrams. The matters of legislation with which we had to deal were of a high and often confidential character and required celerity of action. Such are always, more or less, the nature of Govern- mental affairs appertaining to Foreign relations. Much too bad to be done in a short time and every one is aware of the facility imparted to deliberation and action by retired, quiet and calm labor. To the fact that Congress sat on all important business in secret session is mainly attributable the unusual amount of work performed ; and it affords me pleasure to know, that seldom have men labored for the public weal more assiduously, or brought to the discharge of their duties a higher sense of obligation than my associates in the Congress of the Confederate States. The provisional Constitution has been before the country since the 8th day of February last, and its adaptation to the expecta- tion and wants of the people seems to be generally conceded. It secures every cardinal principle of American liberty : indeed, adds additional safeguards to its preservation. Save that the le- gislation of Congress is made during the brief existence of the provisional Government to devolve upon a single body, and that the President and Vice President were chosen by Congress (changes which the urgent necessity of the occasion demanded) we have followed with almost literal fidelity the Constitution of the United States, and departed from its text only so far as ex- perience had clearly proven that additional checks were required for the preservation of the Nation's interest. Of this character is the power given the President to arrest corrupt or illegitimate expenditures, by vetoing particular clauses in an appropriation bill, and at the same time approving other parts of the bill. There is hardly a more flagrant abuse of it's power, by the Con- gress of the United States than the habitual practice of loading bills, which are necessary for Governmental operations with rep- 8 rehcnsible, not to say venal dispositions of the public money, and which only obtain favor by a system of combinations among members interested iu similar abuses upon the treasury. Bills necessary for the support of the Government arc loaded with items of tho most exceptionable character, and are thrown upon the President at the close of the session, for his sanction, as the only alternative for keeping the Government in motion. Even however under this salutary check, the evil might be but mitigated, not cured, in the case of a weak or highly partisan President, who would feel that the responsibility of such legisla- tion rested but lightly on him, so long as the unrestrained power and duty of originating appropriations depended upon a corrupt or pliant Congress — hence the Convention of Confederate States wisely determined that the Executive was the proper depart- ment to know and call for the moneys necessary for the support of Government, and that here the responsibility should rest. Therefore the Provisional Constitution prohibits Congress from ap- propriating money "from the treasury unless it be asked for by tho President or some one of the heads of the Departments, except for the purpose of paying its own expenses and contingencies." This provision proceeds upon the idea that the chief Executive head of the country and his Cabinet should understand the pecu- niary wants of the Confederacy, and should be answerable for an economical administration of public affairs, and at the same time should be enabled and required to call for whatever sums may be wanted to accomplish the purposes of Government. These provisions reappear in the permanent Constitution ; the latter, however, in the following modified form : " Congress shall appropriate no money from the treasury ex- cept 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 Presi- dent ; or for the purpose of paying its own expenses and contin- gencies ; 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 the Government, which it is hereby made the duty of Congress to establish." Correlative to these is the provision that " all bills appro- priating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made ; and Congress shall grant no extra compensation to any 9 public contractor, officer, agent or servant, after such contract shall have been""rnade or service rendered." The most casual observer of the workings of the Government of the United States can hardly fail to perceive, in these several clauses, important and necessary additional assurances of purity in the administration of our national affairs. The denial of extra compensation to public contractors, agents or servants, and the limitation upon the power of Congress to de- termine on claims against Government, and the establishment of Courts for their adjudication, doubly commend themselves ; for, while they interpose effective barriers to heedless or corrupt legislation, they offer to the honest bidder fair competition, and to the public creditor an impartial tribunal, better fitted for the investigation and adjudication of his rights than a mere political body can be. The want of facility of communication between the Exec- utive and Legislature, has, it is believed, been a serious im- pediment to tho easy and harmonious working of Government. Experience has shown that our Fathers, by refusing the Execu- tive tho right to be heard through his constitutional advisers on the floor of the Legislature, had interposed barriers to that free intercourse between the two departments which was essential to the wise and healthy action of each. Hence, by the Provi- sional Constitution, members of Congress may fill Executive places, while by the Permanent one, the old prohibition is re- tained that " No person, holding any office under the Confede- rate States, shall be a member of either House during his con- tinuance in office," subject however to the qualification that " Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department." It will be at once perceived that the pro- vision, respecting the appropriation of money upon estimates from the Executive, and that giving Congress power to admit the Ministry to seats on its floor, are but modified derivations from the British Constitution. In England, the rule is absolute that no money can be appropriated by Parliament, unless asked for by the Crown, and the principal ministerial officers must be mem- bers of Parliament, and are required, upon being called to office, to resign their seats in the House of Commons, and to return to the body by reelection. The Ministry bring their Budget before Parliament, and retire from office when their measures fail to 10 receive its approbation. The King declares war and makes peace. He too possesses the unqualified power of making treat- ies and of appointing to office ; yet the control of Government resides in Parliament, because of the power in the House of Commons to withhold supplies, and by a vote of censure or of rejection of ministerial measures, to change the actual Executive heads of the Realm. As the measures passed are those of the Crown ; and as its policy must always be attuned to the wishes of Parliament, it follows that the Executive department will never fail to ask for all proper appropriations, and it has necessarily resulted that the veto power has fallen into disuse in England ; for the Crown would employ it, if at all, against measures, origi- nated or proposed or assented to by its Ministers before and as part of the Legislature. The effective veto power in England really resides in Parliament and is absolute, and hence we truly say that the Government of Great Britain is a Parliamentary one. While these principles may be said to be the modern sheet- anchors of English liberty, and to commend themselves to us as wise and long-tried safeguards of freedom, deserving the high eulogiums of her jurists, orators, statesmen and historians, it will readily occur to the student of American institutions, that they could not be safely transferred, in their full proportions, to the soil of permanent American legislation ; for with us Congress declares war, and the President appoints to office and makes treaties, only by and with the advice and consent of the Sen- ate ; and his advisers . are not, like those of the Crown, sub- ject to removal at the will of the Legislature, nor are they, like the British Ministry, the responsible administrators of Gov- ernment. So harmoniously adjusted are the parts of the En- glish Constitution, that each seems necessary to the symmetry of the whole, but it is apparent that with us the President might refuse to ask for appropriations to execute measures passed by Congress, which failed to meet his approbation, and that to give to the chief officer of the country, who was not amenable to Con- gress, and whose tenure of place and freedom of action were in no wise controlled by it, the right, through his Cabinet, fully to participate in legislation, and the power not only of absolute veto in advance, but that of preventing even full discussion of the wants of Government by refusing to call for appropriations, would be creating a power unknown to the British Constitution and dangerous to public liberty. By refusing to a mere majority of Congress unlimited control 11 over the treasury, and by requiring the yeas and nays to be taken whenever two-thirds assume to vote away money not asked for by the Executive; by placing upon the administration the duty and responsibility of calling for appropriations ; by virtually excluding Congress from passing upon claims against the Govern- ment ; by prohibiting extra compensation to employees ; by ena- bling the Executive to be heard on the floor of Congress, and by giving the President the power to veto objectionable items in appropriation bills, Ave have, I trust, greatly purified our Govern- ment, and, at the same time, placed its different parts in nearer and more harmonious relations. Proceeding upon the idea that a just economy in the adminis- tration of government is due to those who are taxed to support it, and that the authority to raise more money than the public exigency demands invites abuse, and taught by the history of the legislation of the United States, that too much money is corrupt- ing to public morals, the Convention, by the provisional Consti- tution, restrained Congress from laying and collecting taxes, du- ties, imposts and excises, except for discharging the debts and carrying on the Government ; and lest, in after times, the ingenu- ity of construction might enlarge the provision and turn loose again the pent up evil, the permanent Constitution emphatically forbids the Legislature from granting bounties from the treasury, or promoting or fostering any branch of industry. Holding stea- dily in view the principle that the great object of the Federal Government is to perform national functions and not to aggran- dize or depress sectional, or local, or individual interests, and ad- hering to and enforcing the doctrine that a people should be left to pursue and develope their individual thrift without direct aids or drawbacks from Government, and that internal improvements are best judged of, and more wisely and economically directed by the localities desiring them, even when they legitimately come within the scope of Federal action, and knowing that, as the regulation of commerce was one of the chief objects of creating the Govern- ment, and that under this power lurked danger of sectional legis- lation and lavish expenditure, the Constitution denies to Con- gress the right to make appropriations for any internal improve- ment, even though intended to facilitate commerce, except for the purpose of furnishing lights, beacons, buoys and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation ; and the cost and expenses of even these objects must be paid by duties levied 12 on the navigation facilitated. And in order that each State may the better attain such objects for itself, the exclusive power of Congress over commerce is subject to the qualification, that any State may accomplish the work within her borders by a duty on the sea-going tonnage, participating in the trade of the harbor or river improved ; provided that such impositions shall not conflict with treaties of the Confederacy, and that any surplus so raised shall be paid into the Federal treasury. Thus, are not only fruitful sources of discord cut off, by abolishing the hot-house system of imparting artificial heat and growth to chosen localities, at the expense of others, through bounties, navigation and tariff and internal improvement laws, but great facilities are offered to each and every State to secure, on its own judgment and at its own risk of unduly burdening its trade, the improvement of its waters at the expense of the sea-going vessels using them ; and whether the work be undertaken by the State or Federal Government, the burden falls subtantially on the immediate beneficiary. We may congratulate ourselves that henceforth the Federal Government will know no favorite State or section ; that pros- perity however widely, profusely or partially scattered, is to be the legitimate results of legitimate causes, and that agriculture, commerce and manufactures will no longer breed jealousy and discontent, but will, hand in hand, each advance the prosperity and harmony of the whole. Were we here to pause and point our people to the past, tracing the abuses of Government and all the ills of discord, which partial and hostile legislation engendered in the public mind, until, long before our dissolution, we had become an alien- ated and almost belligerent people, we should find that in the construction of a Government for the Confederate States, the lessons of experience have not been overlooked, and that what- ever of contention the future may bring forth, from the necessary conflicts of opinion and interest, new checks and balances havo been added to the old Constitution, and hopes of long continued, fraternal feelings, indulged by our Fathers, have again revived. We come here to-night to indulge in no Utopian idea, that we have attained perfection in Government, or that we have, by the clearness of language, left no room for evasion or perversion or usurpation of power ; but we may, I think, congratulate our- selves that grave errors have been corrected, and additional hopes given for the preservation of American liberty. 1 o lo When we see that while Government is restrained as to the ohjects to which money is to be applied, and that the appropria- tion of it is put under material checks ; that the patronage of the Executive is almost cut off by the tenure of good behavior, attached to the vast number of offices which before were the mere spoils of a victorious party, and by the ineligibility of the Presi- dent to a second term, we are prepared to realize the good -which has flowed from a movement, the necessity for which Ave must all admit, however that necessity may be deplored. And while we may spend a sigh of regret over the disappointments of the past, and linger in memory around the things that were, we gather fresh hopes from the present, and find in our new Constitution a firmer foundation for that faith which we have hitherto had in the capacity of man to work out a high destiny under the genial influ- ence of Republican institutions. Prominent among the evils of the old Government, felt and acknowledged by all, was the mode of electing the President, the tenure of his office, and his reeligibility. The chief officer of the nation had come to be the appointee of a mere self-constituted and irresponsible Convention, and the measures of Government had received direction in advance, not so much from the wisdom and for the good of the people as for the triumph of party. As a consequence, each four years heralded the advent of a politician, sometimes thrown upon the surface by accidental causes and re- flecting the latest heretical dogma of a section, rather than ad- dressing himself to the good of the whole country. The Execu- tive of the United States had come to be too dependant upon the party that elected him, and too independent of the wishes and interests of the country at large. The framers of the Constitu- tion of the United States did not intend that the Executive should be the direct representative of the democratic principle, but they interposed between the elector and the elected a feeble barrier which proved a mere form without substance. Each election for Chief Magistrate inaugurated doctrines which were the. mere watchwords of party, dictated to the people by self- constituted power, and caught up as the rallying cry of a cam- paign and carried into elections for the State and Federal offices, until the different branches of Government became more or less demoralized ; until appointees to office degenerated into mere partisans, and the halls of Congress, from being places for statesmen, were fast becoming arenas of stife. The system of platforms and caucus nominations was fast changing the Gov- 14 ernment from its representative character to one much worse than that of a pure democracy, — to a mere oligarchy, and thai nol of intelligence and virtue, but of low ambition. All was coming to be done in the name of the. people — nothing by them, save to fol- low in the train of self-appointed dictators. I regret to say that the chief defect of the Constitution of the Confederate States is, in my opinion, the retention of the old mode of electing the President, The task of reformation would, however, have been nice and difficult, and I doubt if you can, by interposing machinery of any kind between the elector and the. elected, prevent the candidate from standing directly before and being in fact chosen immediately by the people, so long as they retain the right to vote for the office ; a right which cannot in our Government be elsewhere lodged without materially altering its form and essence. While, then, the evil exists, I am inclined to to think it may be one inherent in institutions whose corner stone rests on the popular will ; and to hope that the change in the tenure of office, the deprivation of its patronage, the ineligi- bility of the incumbent and the additional obligations imposed on the Executive in regard to the public expenditures will greatly mitigate, if not remove, the ills with which the United States have been and are so sorely afflicted from Presidential elections. Should, however, experience prove that the present mode of election ought to be abandoned, a greater facility is afforded for its attainment by allowing three States to call a convention of all to consider proposed amendments to the fundamental law, which, if assented to by a majority of this body, shall be effectual, on being ratified by two-thirds of the States through their several Legislatures or Conventions, as the one or the other mode of final action shall be determined by the general body. The restrictions thrown around amendments to the organic law by the Constitution of the United States proved to be a prac- tical negation of the power to alter the instrument. Discontent, however loud or well founded, was sure to receive no heed in ad- vance from two-thirds of both Houses of Congress, or from two- thirds of the Legislatures of the several States ; and, without a concurrence of such, no body could be assembled even to consider the complaints of members of the Union. Hence, restlessness when once created, could not be allayed, and a wound once inflict- ed on the body of a State never healed, but festered into a chro- nic and incurable complaint. The substituted provision imparts a wholesome flexibility to our Constitution and, at the same time, 15 assures us against an assembling of the States for light or tran- sient causes, or hopeless purposes, and the consultative body, when convened, will be confined to action on propositions put forth by three States. Among other felicitous provisions of the permanent Constitu- tion may be mentioned that requiring the electors in each State to be citizens of the Confederate States and prohibiting any per- son of foreign birth, not a citizen of the Confederate States, from voting for any office, civil or political, State or Federal. As the right of voting was not correlative to or dependent upon that of citizenship, under the government of the United States, and as the institutions we were about to establish were for our own citi- zens, it was wisely determined that none but such should exercise the highest political right ever given to a people. Nor is there in the provision any of the spirit of hostility to or proscription of foreigners ; for Congress is empowered to pass uniform laws of naturalization, and the simple rule, above indicated, is, that what- ever probation is necessary to fit a man for the rank of citizen is essential to his wisely exercising the high privilege of a voter. Wishing to see no proscription of any, but desiring that our land may remain the asylum of all freemen, yet I hope and believe that Congress while giving facility to naturalization, will place such safeguards around its attainment, that it will be felt to be a high boon to be admitted to participation in the control of this Republic. It may be worthy of remark in this connection that the Constitution of the United State confers on Congress the pow- er " to establish an uniform rule of naturalization" and " uniform laics on the subject of bankruptcies" and, it has been insisted, with much plausibility, derived from history and from the lan- guage used, that the naturalization clause was designed only to give the Congress of the United States power to prescribe an uniform rule, to be observed by each State in making citizens, and not power to make citizens of the Federal Government. From this proposition has been drawn the deduction that there are no citizens of the United States, but that the people are citizens of the several States owing allegiance to the United States only through the several States. The convention of the Confederate States, after mature deliberation, adopted the judicial decisions and the practice of Congress on the question, and hence chang- ed the expression — "rule" to "latcsof naturalization." It will also be observed that the power to pass laws on the subject of bankruptcies finds the important qualification that " no law of 16 Congress shall discharge any debt contracted before the passage of t lie sami A new policy is to be inaugurated in regard to postal affairs; for the permanent Constitution dec-lares that the expenses of the, ■'.rtment, shall after the 1st day of March, 1861 paid out of its own revenues. Without entering- upon the mooted tion whether the correspondent should pay for the trans Bion of his own letters or whether cheap postage should be pur- chased at the expense of the whole people, the clause in question □amends itself to me for the secondary benelits it wilt bring; for it st that the much abused franking privilege is thus cut up and that our mails will not be loaded with the carriage, nor our treasury burdened with the. printing of political trash, tending more to mislead than to enlighten the public mind. I am pleased to say that our postal act is in conformity with these views. The question of negro slavery has been the apple of discord in the government of the United States since its foundation. The strife has now and then lulled, but has not ceased, All observing m< n must have felt, for at least ten years, that this fanatical agi- tation was the death knell of the Union. A triumphant party, that repudiated the constitution and set up a law higher even than that of the Bible, came into power on a single idea — hostility to our people and our rights. We have long borne with the evil and endured reproach, until our national character has been great- ly injured, and our enemies have read, in our forbearance, a want of courage to defend our rights. The scales have at last fallen from their eyes, and they begin to survey with surprise and regret the deed they have done. But the die is irrevocably cast. Henceforth and forever we are separate nations. The Confede- rate States are a nation; to be maintained in peace if it may be, but to be maintained. The institution of slavery is as old as the records of man. It has found its existence in the polity of every nation, civil or ec- clesiastical, ancient or modern. It was firmly established in the laws of the Jews, and is recognized in the Revelations of Christi- anity. The pages of earliest profane history are full of its ex- istence, " It spread from Chaldeainto Egypt, Arabia and all the East, and found its way into every known region under the hea- ven." 'Tis part of the song of the seige of Troy. Hector in taking a tender, and perhaps last farewell of his wife, tells her that, on the conquest of Troy, she would be compelled 17 " To bear the victor's hard commands, or bring The weight of water from Hyperia's spring." Home, in all the pride of her power and the progress of her knowledge and her arts, and long after the conversion of Con- stautine to Christianity, bound hard upon her captives the fetters of a galling slavery. The ancient German, it is said, in his thirst for gaming sold himself to slavery upon the throw of the dice ; and Great Britain, who boasts that " slaves cannot breathe in England," but who, in her apprentice system, is now forging for freemen fetters at which humanity revolts, abolished the in- stitution of slavery within her own island home and from her own immediate subjects only in the reign of Queen Elizabeth.* But let the subject pass. Its discussion is not our theme to- night, and were it, we might end it by saying, our rights, as writ- ten in the contract, have been persistently refused and violated and the war of " irrepressible conflict" waged upon the guarantees of the Constitution. I repeat it, the deed is done, and is final ; and, taking this as our stand point, we turn to the rising sun and see where we now are in respect to this institution. The right of transit and sojourn with our slaves in any State of the Confederacy is secured, and slaves escaping or lawfully carried from one State or Territory to another, shall not be dis- charged from service or labor by any law or regulation therein. but shall be delivered up on claim of the party to whom they be- long ; and the power to acquire new territory and legislate for the inhabitants thereof, is subject to the qualification that, " the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the territorial government ; and the inhabitants of the several Con- federate States and Territories shall have the right to take to such Territory any slave lawfully held by them in any of the States or Territories of the Confederate States." Thus, by lan- guage too plain to be misunderstood, is the question of our rights in the Territories settled — and upon the principle that what is acquired from the common means of the whole is held in trust equally for each and every part, and that property under the Constitution must remain such under the Acts of Congress. So much for this question of strife ; but there was another point of view from which our institution was to be regarded and treated : one solely concerning ourselves. I mean, of course, the African slave trade. Had we been sitting as Legislators for Dahomey, the richest * £ee Encyclopedia Brittanica, Title Slavery. Lf boon we could have conferred upon its lavage people would have been to send them into Americas bondage ; but called on to act as Legislators of the Confederate States, the question, required, in my opinion, a different solution. I eonnot now pursue the argu- ment at any length; but whether regarded as an economical question, or one of mere political or looked at in the light of duty to our own civilized negroes, the propriety of writing in the Constitution ■ prohibition against the trade, is to my mind (dear. That it was demanded by the instructions of the Conven- tion of Alabama we know from its ordinances, and that it was re- quired by public opinion I am fully satisfied. It ia not strange that ardent minds, aroused by libellous assaults upon our institu- tion, should, now and tben, be driven so farinto the extren opposition as to desire the re-opening of the trade; but the charge that any considerable portion of our people entertained such views is but one of the many unfounded imputations of our ene- mies; and now that the public mind is left to think of the subject, free from irritation, I believe there will shortly be entire unan- imity upon it. Slavery as it now exists in North America, is not that ot seventy years ago. The latter was the slavery of the African trade, throwing among us the most bestial and untutored sava- ges. At this our fathers revolted, and hence, admitted the evil of slavery itself; while we rightly justify and defend it, because that of to-day is a civilized and christianized domestic institution. The wild savage from Africa was almost a mere beast ; his American descendant is a civilized appendage to the family rela- tion. Therefore it is, that we have rightly come to defend slavery, and to contrast the condition of our laborers favorably with that of the operative classes in other parts of the world. If it be said that it was founded in wrong, and therefore cannot be right, the ready answer to England and to New England is, (the argument being admitted for convenience,) that the money their people obtained from the sale of African negroes to our forefathers was obtained by wrong, and it and its proceeds should he given up ; that the tenures to estates in England are held under the title of plunder from an invaded and overrun people, and that New England holds its lands by but a little better origin; that most, if not all of the rights of modern civilization have sprung from wrongs protected by a far shorter statute of limitation than the slave trade, which is coeval with history. 19 Let the negro philanthrophist eome to the confessional and make restoration for all the rights which he holds from a wrong, and we will then listen to him ; hut till then let him be silent and abashed. As an economical questiou the fact is before us that about four hundred thousand Africans have been imported into the United States. From these have sprung about four millions of improved, civilized, hardy and happy laborers. Cuba, on the other hand, has relied upon Africa for recruits, and a fresh supply is constantly necessary to keep up the popu- lation of her slaves. We have dissolved the late Union chiefly because of the negro quarrel. Now, is there any man who wishes to reproduce that strife among ourselves 1 and yet does not he, who wished the slave trade left for the action of Congress, see that he proposed to open a Pandora's box among us and to cause our political arena again to resound with this discussion. Hud we left the question unsettled, we should, in my opinion, have sown broad- cast the seeds of discord and death in our Constitution. I con- gratulate the country that the strife has been put to rest forever, and that American slavery is to stand before the world as it is, and on its own merits. We have now placed our domestic institution, and secured its rights unmistakably, in the Constitution ; we have sought by no euphony to hide its name — we have called our negroes "slaves," and we have recognized and protected them as persons and our rights to them as property. We have further declared that " Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not be- longing to, this Confederacy." I trust it may not be necessary to exercise this power, because I hope to see the Southern States of the United States joined in Government with us ; but the power was essential, and, as a legislator, I shall be ready to exercise it to absolute prohibition whenever I shall be driven to adopt the conclusion that these States have chosen to remain a fringe upon the skirts of New England abolition. I shall then think the day has come to force them to keep their blacks or to seek other outlets for them than this Confederacy. " 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." 20 This provision secures us as amply against the admission of undesirable associates as language can ; for the Constitution itself may be amended by two-thirds of the States, and three States can call a Convention to consider proposed alterations. It is therefore morally certain that whenever any feature of it becomes obnoxious to two-thirds of the States, it will and ought to be altered or abolished. But I justify the Catholicism of the above provision on higher ground, and throwing aside the feelings which the irritation of the moment create, and looking to the future with full confidence that our domestic policy will justify itself and long outlive the puny assaults of maddened fanaticism, led on by ambitious politi- cians, I earnestly hope that not only will the kindred States join us, but abide in confidence that some of the great Northwestern States, watered by the Mississippi, will be drawn by the strong current of that mighty river and by the laws of trade, to swell the number and power of this Confederation ; and that we shall receive them on such terms of their organic law as we ourselves may prescribe ; and in doing so, grasp the power of empire on this continent and announce to the startled North that it has reached its western limit, and must spread, if spread it can, to- wards the frozen sea. If in adopting these views I may seem to have listened to the whispers of fancy, I beg to call your at- tention to the prosaic fact that sentiment in nations never long rules master of interest. Who thinks that our late sister Southern States, or even Indiana and Illinois, will pay millions per year as a tribute for joining in hozannas to the Union. As sure as " blood is thicker than water" — as sure as Virginia is the mother of States — as sure as she is the parent of the doctrines of 1798 and 1799; and as sure as North Carolina's young men have become Alabama's sons, so sure will the Southern States of the United States blend their destiny with ours. And as sure as the Mississippi flows towards the Gulf, and bears on its bosom the great commerce of the West — and as sure as we ai*e con- sumers of Western products and our tariff will be lower than that of the United States, so sure will the trouble be, not to have the West with us, but to keep it from us. The only escape from this is by their Government's adopting our system of low duties, or by New York's cutting loose from New England and spreading its gates of commerce wide to free trade. The political economist knows it, the merchant knows it, and 21 the Black Republican statesman now feels it and stands appalled at the ruin he has done. Fellow-citizens, I have thus gone briefly through the material amendments we have made upon the Constitution of the United States, except that I have not noticed the few, and not vital changes in the judiciary system. Sufhce it to say, to an unpro- fessional audience, that, save the withholding from the Federal Courts jurisdiction of suits between citizens of different States of the Confederacy, the judicial power of this Government is the same as that of the United States, and that the Congress have enacted a judiciary act chiefly modelled on that of the old Gov- ernment. One important and wholesome provision in regard to the judiciary I ought to mention. It is " 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." The Senate of the Confederate States have the sole power to try such and all other impeachments. The provision noticed applies only to the Federal officer, acting solely within the limits of a State, whose conduct could not, therefore, be expected to fall under the observation of the nation at large. The entire freedom of the inferior judiciary of the United States from State influence, and virtually from that of the general government, served to render the provision necessary. It is hardly possible that it will be perverted to injustice, or can be abused to the se- rious detriment of the officer, for the State authority goes no far- ther than impeaching. It does not extend to trying the officer. It is but the inquest of the grand jury which is given to the State. Georgia and Louisiana have responded to Alabama in adopting the Constitution of the Confederate States, and, while we write, the joyful news comes dancing over the wires that Texas and Mississippi have accepted ; and thus, by the assent of the requi- red number, formed a permanent federal body. Soon will South Carolina complete the circle of the stars, and then the seceded States will form one united sisterhood. The new charter of our rights has been spread before the world, and not only has censure been struck dumb, but the con- servative press of the North is swelling a chorus to the loud anthems of our people. We have organized the departments of Government, and, with one voice, have called to the head of it a statesman and soldier renowned alike in peace and war — in the councils of the nation and •).-) on the field of battle ; ami he has summoned into his cabinet men of national renown and established capacity and honor. We have placed, in the next highest office, him who stood : 1 to none among his Peers in the Congress of the United We have raised and put into the field a national army of ten thousand men, officered by the flower of the soldiery of the old Government, and OUT Several Stales have raised the best spirits of the land, who >tand ready to throw themselves into the front of the battle. So rapidly and effectively have our military operations gone forward that Fort Sumter is about to he surren- dered, and already are we told that, on soher second thought of the authorities at "Washington, ■• <; ith'd h a wrinkled front " Tn my opinion, we shall have no war. We shall have none because we are ready to meet and maintain the stand we have taken, and because we are right, and the soldiery of the United Stales know we are, and will not fight against us. We are organizing a navy sufficient for coast defences, and shall be ready to keep our ports open; and should a blockade he attempted, Europe will see that it must he close and effectual to be regarded ; and when the little navy of the United States shall he persuaded to fight our people, or to attempt to blockade our ports, we will license the privateer to prey upon the unpro- tected commerce of the North. But Mr. Lincoln, Ave are told, has at last ascertained that he has no power to collect revenues, otherwise than at the custom-houses and through the officers of custom and the courts of the country ; nor power to blockade the ports, or to attempt it ; and descending from his big words he has drivelled down to the puling and imbecile head of a fanatical party, and is reaping a rich harvest of abuse from his radical Re- publican journals ; while Mr. Seward is no doubt enjoying over again his day dream, by standing in imagination on the shores of the Northern Lakes and contemplating the spread of Northmen over frozen lands. We have originated and will soon put in motion an effective postal service ; have established courts of justice, and learned and honest judges have been appointed to administer the law ; we have sent our diplomats to Europe with the Constitution in one hand and a low tariff in the other; carrying the news that the surrender of Fort Sumter is a "military necessity"; and the in- telligence of these materia] facts will follow fast upon the tidings that the Morrill tariff has become the law of the United States. Who thinks that Europe trill not gladly acknowledge ouf advent into the family of nations ? Surely none who know the charm of trade or the influence of interest. We have made the Mississippi a free highway of commerce and have offered, and are ready to adjust and settle " between the States forming this Confederacy and their late confederates of the United States, everything pertaining to the common property, common liability and common obligations of that Union, upon the principles of right, justice, equity and good faith." Our revolution has hardly made so great a pressure on the pursuits of our people as is often experienced from derangements resulting from ordinary causes ; and already has trade, ever sen- sitive to danger, resumed its wonted confidence and thrift. Ouf fields have not had a furrow less plowed and our women and children have not lost the sleep of a single night from the reali- zation of Northern predictions of troubles among our slaves. Fed, clothed, worked and treated as usual, this happy and care- less people have gone to their daily labors, as willingly and con- tentedly as before. With exports of about two hundred and sixty millions per annum, of that staple upon which five millions of England's people subsist, and without which the New England dweller in palaces would descend to the hut of his pilgrim fathers, who dreams that this people have not the means to uphold their Gov- ernment or that it cannot raise money to meet its frugal expenses 1 Our custom houses are not only springing into renewed activity, but, unless the North soon changes its policy, its own imports will flow into our cities and pay their duties into the coffers of these Confederate States. The loan now sought by our Trea- sury will be taken, and I trust only by our own people ; taken because it is a good and safe investment, and because it is meet that we should come forward with the alacrity of the French to the support of the Government, and because in upholding it we uphold not only our political rights but our direct material in- terests. We are now a nation, and with nationality will come develop- ment of commerce, of manufactures, of arts. The public mind will receive a new impetus. We shall learn to make much of what we use, and to spend our money among our own people. Before, we bought and we sold, but we went from home to sell and to buy. Our simplest importations and much of our exportations were 24 led on by New York ; our exchange went there. In short, the North reaped the profits of our labor and upon it grew rich and defiant. But the picture is reversed and henceforth the th rill stand out in the full proportions of her nationality and her power. wovi\ 1 be a pleasing and useful task to examine and contrast the different bases on which free institutions rest at the North and ath, and an easy one to prove, that, while our svstom admit equal political rights for all freemen, society irth rests on a foundation, which produces that conflict amoi _ rily arising between capital and the labor which furnishes only subsistence, as the life long reward of toil. But this is a fruitful theme and cannot be here discussed. Let the North ponder over and consider the question, for her social fabric rests on a volcano. Having taken our political destinies into our own hands, let us in the moment of exultation, forget the duties that, devolve upon us, and let us remember that, however wise and beneficent may be the working of the General Government, it is to State action we must mainly look for that advancement which shall secure high civilization ; for the enactment and enforcement of laws, which shall give security to life, liberty and property; for that intellectual and moral culture which shall enable us wise- ly to govern men and guide the State. Let us prize, as we ought, the broad freedom we enjoy, and to obtain which Europe has in vain been convulsed again and again with bloody revolution, and let us, in the elevation of our legislative bodies, prove to the world that Wisdom is the Goddess of Liberty. pettiruklifei pH8.5