Ordinances and constitution of the state of Alabama : with the constitution of the provisional government and of the Confederate States of America online

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shall be uniform throughout the Confederate States :

2. To borrow money on the credit of the C'«nf.t1iTntn
States :

"3' To regulate commerce with foreign naiiouri, and
ahioug the several States, and with the Indian. tribes ; but
neither this, nor any other clause contained in the Consti-
tution, shall ovf^r be construed to delegate the pow6r to
Congress to appropriate money for any internal improve- •
ment intended to facilitate commerce, except for the pur-
pose of furnishing .lights, beacons, and buoys, and other
aids to navigation upon the coasts, and the improvement
of harbors, and the removing of obstructions in river nav- •
igation, in all which cases,- such duties shall be laid on the
navigation facilitated thereby, as may be necessery to pay
the costs and expenses thereof:

"4.. To establish uniform laws of naturalization, and
uniform lav78 on the subject of bankruptcies throughout
the confederated States; but no law of Congress shall
discharge any debt contracted before the passage of the
same :

5. To coin money, regulate the value liiuiu<u and of
foreign coin, and fix the standard of weights and meas-
ures :

6. To provide for the punishment of counterleitin- the
securities and current coin of the Confederal o Slat,- :

7. To establish post-otlicer^ and post-rout

pcnses of the Post-oHice Department, after llie lirbt day
V)f March, in the year of our Lord eighteen Ij't^'I'-'I nn.l
sixty-three, shall be paid out of its own reyenu-

8. To promote the progress of scienco and usulul urtb,
by securing, for limited time-, to aulh""- :■••' '■^'■'



the cxclii-lvc V]'iht to tlicir respective writin?^ r.nd fits-
cover ics :

9. To constitute tribunals inferior to the Supreme
Court :

10. To define and punish piracies and felonies commit-
ted on the high seas, and offences against the law of na-

11. To declare war. grant letters of marque h.nd repri-
sal, and make rules concerning captures on hind 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 :

18. To provide and maintain a navy :

14. To make rules for the government and regulation
pf the land and naval forces :

15. To provide for calling forth the mililiu lo oxocuto
the laws of the Confederate Statc.'^, suppress insurrections,
and repel invasions :

16. To provide for organi/Uiig, arming and disciplining
the militia, and for governing such part of them as may
be employed in the service of the Confederate States ; re-
serving to the States respectively the appointment of the
officers, and the authority of training the militia accord-
ing to tlie discipline prescribed by Congress :

17. To exercise exclusive legislation, in all cases what-
Boever, over such district (not exceeding ten miles square)
as may, by cession of one or more States and the accept-
ance of Congress, become the seat of the Government of
the Confederate States ; and to exercise like authority
overall places purchased by the consent of the Legislature
of the State in which tiie same shall be, for the erection
of fortH, maga/.ines, arsenals, dockyards, and other need-
ful buildings : and

18. To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers,
and all other powers vested by this Constitution in tho

Government of the Confederate States, or in any depart-
ment or officer thereof.


1. The importation of negroes of the African race, from
any foreign country, other than the slaveholding l^tates,
or Territories of the United States of America, is hereby
forbidden ; and Congress is required to pass such laws as
shall effectually prevent the same.

2. Congress shall also have power to prohibit the intro-
duction of slaves from any State not a member of, or Ter-
ritory 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 invaeion,
the public safety may require it.

4. No bill of attainder, ex jmst facto law, or law denying
or impairing the right of property in negro slaves, shall
be passed.

5. No capitation or other 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 State, except by a vote of two-thirds of both

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 regu-
lar statement and account of the receipts and expendi-
tures of all public money shall be published from time
to time.

9. Congress shall appropriate no money from the treas-
ury except by a vote of two4hirds of both Ilouse.'^, taken
by yea-s and naj^s, unless it be asked and estimated for
h^ nne of the beads of dcpnrtmcnt, and submitted

136 .

to ; the Presideut; or for the purpose of pay-

ing its owu expenses aud contingencies ; or for the pfty-i>
incMt of clainiB a<^ainst the Confederate State.?, the justice .
.of whicli shall have been judicially declared by a tribunal
fbr tUe investigation of claims against thfe Goycrnineut,
wliicli it is hereby made the duty of Congress to establish.

10. All bills appropriating money shall specify, in fed-
eral currency, the exact amount of each appropriation,
and the purposes for wliich it is made ; and Congress
shall grant no extra compensation to any public con-
tractor, officer, agent, or servant, after such contract shall
have been made or such service rendered.

11. Ko title of nobility shall be granted by the Con-,
federate States ; and no person holding any office of profit
QR trust under thera shall, without the consent of the
Congress, accept of any present, emolument, office ox..
title, of any kind whatever, from any king, prince, or
foreign State.

' 12. Congress shall make no law respecting an
fiehmeut of religion, or prohibiting the free t \
thereof; or abridging the freedom of speech, oi ci ilie
pre.^s ; or the right of the people peaceably to assombLe
and petition the 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,
aud bear arms shall not be infringed.

14. iNo soldier shall, in time of peacCj be quarteinl iii
any house without the consent of the. owner; i>or in timft^
of war, but in a manner to be prescribed by law^

15. The right of the people to be secure in theii per-
eoiis. liouses, papers, and eflects against unreasonable
Hcarclies and seizures shall not be vii>lated ; and no war»^.
rants 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.

16. No person shall be held to answer for a capital or
•otherwise infamous crime, unless on a presentment or


Uidietraent of a grand jury, except in cases ansiug in the
laud or naval forces, or in the militia w.heu in actual
seivice in time of war or public damgor; nor shall any
ptirson be subject for the same ottonce to be twice- put
in jeopardy of life or limb: nor be compelled,- in any
criminal case, to be a witness against himself; nor bo
deprived of life, liberty or property, without due process
of law; iior shall private property bo taken for public
use, witliout just compensation.

17. .Ill: all criminal prosecntions the 'ficcueed shall
enjoy the right to a speedy and public trial, by an im-
partial jury of the tState aud district wherein, the crime
shall- have ,beeii committed, which district shall have
been previously ascertained by lavt, aud to be informed
of the nature and cause of the accusation; to. b^ pou-.
fronted with the witneescB against him; to, have com-
pulsory process for obtaining witnesses in liis favOr ; and.* ,
to have the assistance of counsel ibr his defence.
; -18. In suits at common law, where the value in con-
. troversy, ghall exceed twenty dollars, the right of trial by"
jury shall be preserved; and no fact, tried by a jury, otherwise re-examined in any Court of the Con-
federacy than according to the rules of the common law.

19. E:j^ces3ivc bail shall not be required, nor excessive
fines imposed, nor cruel and unusual puuishmeute in-
flicted. -'.'.'
• 29. Every law or resoluti-on having the f6rce of law,
!?hall relate to but one subject, and that. shall be expressr
cd in the title. .« ■ ,


1. No State siiall enter into any treaty, alliance, or
confederation ; grant letters of marcjue and reprisal ; coin,
money; make any thing but gold and silver coin a t<^ii-;
der in payment of debts ; pass any billof uttaiu<ler, on/
^>o.s< facto law, or law impairing the pbligation of con-
tracts ; or grant any title of nobility.

8, '^Co'- ' ;il, withoritUie'tonicont oftlio Oon^rc8«

lay aiiv V'l; ■' <Ui1ios on iinjH>rt>:- or e.^porfs^ except

\vh«t min- be tib$olutel}; tte^eFsaT}* fct t.te<uttfrng . its fn-
(«|^rption. linr*: and tho net prorln^o of all duties aii^' [
i«npt)t^ts,'lai(i by aby Stato on iniporle or exp1>itf>, i^all •
be. for ihve life of tbe tl^3nsary of tbe Confederate States ;
nrtd Jill «ucli lays f^bntl'be^Qlijoftt t'ot1ie^*reV!ston aurl
control o{ Coftgres*.' ' ' .' ' "''.■''''' ^

3, No State sbaJl, without tbe eon^tnt 9^C'on^rcs?, - M
layr'any cfOty o\) toftnuge, except'ori sen-g^ijiff vessels, foi' \
tlio' iriiproveracnt of its rivers alVcl barbbrs uaviLTflted by
ttSc said'vesscla: but such datio:? shall not eonflict with
aiiy trcjitres of the Co}ifederate States wit}! forei'gh rta-" . I
tiou's"; and any Bupphis revenne, thn? derived, shall, after
inakinfi; ?i^(i\\ improveracnt, be paid into the conimoc
trfeasury; no^ shall auy State Ite^p troops or ships o'f
wav in time of peace, isntdr into any agreement or coiti-
pact with -finotlior Strite, c»r ^tifh a foreign power, or en-

fa<^e iji war, unless actnally mvaded,orin such imniineut
aiv!»tT fifl will not- admit of t\6\xy. ' Biit when any river^ •
dtv,i(les "or flow<i through Xv^o or more State<?, they niuy
eutcr into compacts with each other to improve the
navigation thereof.



1. The execntive power shall bo vested iu a President
of tho Confederate States of Artieriea- lie and the Vice
President shall hold their oflices for the term of six'year^ ;
but the President shsjill not be rc-cligiblo» The President
and Vice O^resident'shall bo elected as follows:

2. Each State shall appoint, in such manner as the
Legislature thereof may direct, a hdwiber of electors equal "
to the whole number of Senators and Representatives to
which the State may be entitled in the Congress; but no
Senator or "Reprosentative, or perspn holding an office bf


'ticii'st or profit under the Confederate States, shall hb ap-
pointed an elector.

3. The electors shall meet in their respective dilates
and vote by ballot for President and A'ice Pre8idcn.t, cue
of whom at Icfaiit, shall not be an inhabitant 0f the, siunp.
State with themselves; they shall name in their ballots
tl^e person voted for j^s President, and in distinct ballots
the ''person vbted for as Vice President, and they shall
make distinct lists of all persons voted for as. President,

' aiid of all persons voted for as Vice President, and of the
number of votes for each, which list they shall sign and
certify, and ti'ansmit, sealed, to the scat of the<ji;9vecn-
mentof the Confederate States, directed to the President

, of the Senate. The President of the Senate shall, in tho
presence of the Seaate and House of Representatives,
open all the certificates, and the votes shall then be
counted; the person having the greatest number of votes
for iPresi dent shall be the President, if such number bea
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 threp,
on t|;ip list . of ^thosg voted tor, as President, the House qf
Representatives shall choose immediately, by ballot, the
President. But in choosing tho President, the votea
fehall- be taken by States, the representation from each
Stkie having one vote; a quorum for this purpose tiliall
consist of a member or members from two-thirds of the
States, and a majority of all the States shall be n^oosea*/
to a choice. And. if the Hou^^c^of Tiepresentativc's shall
not choose a President, whenever the right of clioioe
shall devolve upon them, before the fourth day of Mai-di
next following, then the Vice President shall act as
President, tts in case of the death, or other coustitutioual
disability of the President.

4. The^>€rsou having the greatest number of FoteS a^
Vice JPresidcnt shall be the Vice President, if audi num-
ber Tx; a majority of the wjiole number of electorc* ap-


1: 5ind, if no pcnison liave a majority, tUen, from
. hi^'licst numbers on tlie list, the Sciiatc sliall
choose llie Vice President; a quorutn for the piirpose*
f=h^\\ consii^t of tWo-fhinU of the whole number of 8oi^?i:
t(?r», miJ II majority of thu whole unmber sluill bo. necc§-
i*iir/ ta a clioico.

n. But no .person oont-litutionally ineiligildc to the
otfifC of PreHident shall bo elijj^ibic to that of Vice Prosi'-
d€n{ of the Confederate States.

ij. TlH^Oonijrcs.'^ may determine the time of choosing ,
tiio I'leetoj-e, and the day oa which they shall give their
vote«; ".whicli day aiiaU be the same throughx^ut the .Cofi*^
federate States. ;• '* * ' • -^ • ' .

*7.'No I'^ersoji'eJPCcpl a onturnrbb.rkT3itizen of tlK) Cod-
ledernte 8ttitee,^0f a citizen thorepf, at thta time of thb
a<t^p^ti(?n of this Constitution, or a citiaon there6f, born
in the Utnted States prior to the 20th of DocetQber,.lfe't)0,
ahi'll he eliii;il>ie to the office of Fresidunt: neiUier shall
ftoy clifj^bjo to that, office * Who -BligirnAt hav^s
attained the age of thirty-five yeari^, and been ,fouHfe«n*
yoars'.a resident within the limits of the Confederate
jSt^ft'a'as riiey may exist at the time of his^electtot)."-'
* ""S. 'In ta^eof the removal of the President from ©"fSce^
orof tjTs death, resignation or inabilify to disclmrg'G thb
po-vircrri and duties of the said office; the fearac shftll dc-
volrp on th€ Vice President ; and the Congrci^ irjay', "Tjjr^
la\v> provide for the cac^e of i-'emoval, death, rcsfgnn'tion,
or inability, both of the I'resident aud Vice i'rOt^idCut^.
. deekirin^ what officer shall then ac(t *i8 President, and
truchotfi-eer 'flhall act aceordin^i^ly until the disability W
romorcd or a Pre^idont sh^U be elected. ' /

1>. The President' shall at stated, time^, TcceivTS for liic
senicee a compensation, which shall neither be increased,
licfrjfiimihifihGd during the period for which lie shall iiave
been \>l«cted ; and ho shall not receive within tliat pcri«id
aey otlioi* emolument from tbe.Oonlbdcrate StateSj^ or^.oft.


10. Before lie eiitors on the exechtiou of his oflice, ho
sTitiH take the foUowliig oath or affirraatro,n.: .^

'"'I do solemcl}^ swear (or affirm) that I will faithfully
execute the office of Presideut of the Confederate fjtatcs,
^nd will, to the best of rhy ajiility, pVes^rre, protect uyd
-defend the constitution thereof'*


1. The President shall be Commander-in-Chief of the
arniy and uavy of the Confed^^nxtc .-States, and of the
milHiij, of , the several States, when called into the actiifll
service .of the Confederate States; he may requii^ie the
opin'ioii, in writing, of the.principal officer in each of the
Executive Departments, Jtnd upon anj' subject I'Glati-ng to
the dirties of their respective offices, and he.^hall have
piower to grant reprieves and pardons for, offences against
.the Confederate States, except in casee of impeachment.
' '2.;IIe shall have po^ver, by and with the advice and
consent of the Senate, to make treaties, provided two-
tliirds of the Senators pTosent concur; and he shall nomi-
nate,- and 'by and with the advice and consent of the
Senate, shall appqitil arnbassadors, other public minis-
tiers ancl.. consuls, Judges ofthe Supreme Court, and all
otller omoere of the Confederate States, whose appoii>t-
.rapr.ts are not herein 'Otherwise provided for, and which
'shall' be established bylaw,; but the Congress ma}', by
law, vost the appointment 6f such inferior ofiict3*P6j^ as
they think proper, in the President alouc, in the cpnrts
of law, or in the heads of departments.

3. The principal officer in each of the Executiyo De-
partment!?, and all pereions connected with the diplo^fnatic
. service, maybe removed from office at thepleafrure of the
Pfesident.- Airother civil' officers of tliG" Exect\tivcl?e-
partmont may b6 removed at any time by tjie Prcf^idcn't,
or other appointing power^ when their f(orvioes arb un-
uegcssQry, or {qy dishonesty, incapacity, inefficio>icy,'nii8-


conduct, or nq^teet Ojf duty; aud when so reuioved, tlio
removM ■ eliall be" reported ttf tho Senate, t-<)^.c.tht-'r ^vH^i
the rear'ous therefor. * . , .' .

'4. *rh6 President pliall have "pox^^pr to fitl flU vaeaneics
that Ti^dv. •Ivap'ju^il during the rccpss of the ^Soautie, ^ hy
gr^utiiijCc Gpijimi86idiis w^ioh 'shall (Txplre 5i,t the, qiuI of
thc'H- next session ; but no person rejectee! by tlio Senate-
!<liall he reappointed to the sfime ollice during their ensu-
ing recees.


1. The President eball, from time to time, give to the
Coiiirrcss }nforni,ation of the state of th? Confederacy,
and ^ticdmmeiid to tlieii' consideration guoh moasi^rcs as •
he Hhall Judge ndc<jssai'j pid' cocpeihent^ ho ma^, qu esf-
traorniiiary, Occasions, convene both Houses, or either of
thc'rti ;, alid in case of disa^ruemeut between lhcn\, with
respoet ^o the time of ♦adjoiji'nn^eut^ he «iay*iuiJouni th^ipv
to fiich'a lime as lie shall think proper"; he shall reccrVc
Tiriihjfssadrtrs and other public niinistci^'; Jie shall' take
cart" thaV the U^'s*be faitliJnUy executed, and shall con)- •
mt^sion iill the officers of thp Confederate, StiitG:-.


3.' 'Hio Pi*csi(Jeijt," ViceYresicletit, and aj,l .civil xjfUcers
<of Ihe.Ooirfec'^rutp States, shall be •4'Cino'vcd ifmnixjlRce
dn impeacliment for, ahd (ioiivicti<)n of, trea^^on, bribe ly* ;
of i>tfitkr high e'rinies'ftiid |Tiisddti|eauoi's,



1. .Xh(J. judicial po>vcr pf.. the Opjiiadcrat»i SX^tjesishajl
bo vested in one Supreme Court, and in such Inferior
Cyurts. ;ijis the Cojtgrcss may frjom time to ti;ne, Qrt-i.aiu '
ao'd cvstvjjlisli. The Judges, both pi' the fc>.upi'ei5ae_£tftd
Infouor Courts, ehaLI hold their oflices during good be-
havior, and shall, at stated times, rocpive for X\mv servi-


CQ§ a convpeiiauition, whi^^li shall not be.<li<*iUHailied during
their coiitinuuiicc iu office.

• SECTION ,11,

1. The jU(rK;ial power shall exiteiul t)0 all cascfe avisii^g
uii(?6r this Gonstitution, the jaws of the Confederate
States, And tre?ities niude or whicJi shall be made under
their authority ; to f^H cases an'eoting ambassadors, other
public ministers and consuls; to all cases of adrtiirultv
and maritime jurisdiction ; to contrdversies to ivbich fhe
Confederate States sliall be a party ;. to cbnti'otei'sics be-
tween two or mo^e States; betTVceii a State and citixena
of another Stat6' where the Slate ii p^aiirtiif';" between
citizens cI"limin2^1^lnd8 under a:rants of diftl-rent Statee,
and betwceil ti State and.the citizens thereof, iind f<»"cigu
States; dtjzien^ oi\si^bjccts; but no "Statb aTiaJl \c s}K3d
bj^ a citizeu 6b siibje^^t of awy foroi^n State. "

2; In aW 'Cases, affecting {tmbassad(:)rs, otiicr public min-
isters and consuls, and those iu which a State shall" oe a
party, the Supreme Couii shall imye ong^nal Jurisdietiou..
In all the otlie?" cases boR)re mentioned, the Snpfelrne .
Court shi^U liiaye appellate jurisdiction, bojli^as-to law
and /act, wijli sucli, exceptjbiiSj and unde^^vh regula-
tions, as tfi'e Oouicress shaH make,- ' ■ . ' " ' ' .

if. yhe trial of dl crimes, except" ijV eases of impci^fh-
ment, sh^ll be bv jur^-, and guch.trial shaJl«ldi|l tlie
Sta|ie whoi'e^^Ue said<irimes shall have bee i) comfuittcjd; ■
but when iiot committed Vithin any ^tate, thetrftil shall
be irt audi place ot places as tHc Congress Diay by r»<^
have directed.


SKCTi;02f >-m. ' . • • . .
1. Treason against the Confederate Slates i^lJaU consist
only 'in levying war agaiuet them, or iii-a<lhciing to their
enemies^ gi-vi"g them aid and conifprt. Sa pcfseu thall
bo convicted of 'treason unless on the tcstiniony of. t\vo
witnx^spoR tn fhe eaoie owrt.act, or on >caotb6si(M» ii% ojl^n
court. ^ j«i'- •.*. ''. ^ •»• • •. .


"^. ^hc Goiijfnss pliall nnVc ^jon'or to doelnre the ])uii-
ishniont of treiison, but uo atLaitnlor of ti'easpn shall T^-ork
corruptlQii of l)lood,^or foril^iUu'c, /exc(4>t during the life
of t,hv i>ef son attainted.,



1, I^ijllfaitt\ and credit slwill be glrenln caeb Stato to
the public ii,ct§, recoa'dfe and juditial proceed,! ngs of every
QthQr 3t;ate ; ^ud the Cpngres? may, by general lawa,
prcscribo- the manner in whicli siicli acts, rfecovd* i\ntl
proccedinii^s shall be proycd, and the eflect theitof.

1. The cAtiz^ps Qf each "Stafc snail ue entitled to cH
the* prfviTcj^Gs aiid.imraunitieB of citizens iii'thfi several
ISt^tes, tind phnll havo tlie rigtit of transit and pojouni in
any 'CJtate Of this Cpnfeduracy, M'ith their, slaves and otbor
properly; i\nd tl>e right of property in $aM elavcfe "shall
not be thereby impaired.

2. A peripi^u charged in any State with treasQn, fciony,
or othcj' cri/ne ao^aingt th6 la>vs of tucli State, v^bo shall
flee from justice, and be found in another State, sb'aH, oii
demand of the ExecuilvtJ uuthority of .the State 'fi«dm
Avhjdi be iicd, be . dctiycred up, to be removed fo the
State-haying jun6di(?t}pu "of tho cirimc.

'Si Isq slave, or otiier person lield to iacrvice or labor in
luiy State > or Territory of the Opnfoderato Stjitcs. under
the laws tliereof, cfecaplug or iaWnilly caixied iAto a'uo'ther,
shall-, iu consequence oji' any-law. or regulation therein,'
be discharged fropi such s6rvieb or labor; bnt flhall be
delivered up on olaini of the party to \^'hom such slave
l?eloA*8, ^r to whotTi su-ch ecnnoco^ labor may be due. •

SI^CilQN, 111.

1. (Jllier Btatcs.may be admitted into this Oonfedcraciy
by a vote of two-thirds of the Avholo House of Reprjascn-


tatives, and two-thirdg of the Senate, tlie Senate voting
by StatcB ; but no new State shall bo formed or erected
within the jurisdiction of any other State; nor any State
be formed b}' the junction of two or more States, or paTts
of States, without the consent of the Legislatuifes of the
States concerned, as'w^ell as of the Congress.
• 2. The Congrcss shall have power to dis'jiose of and
make all needful rules and regulations concerning th«
property of the Confederate States, in-cluding the lands

3. The Confederate States maj' acquire new territory;
and Congress eliall have power to legislate and provide
governments for the inhabitants of all territory belong-
ing to the Coj]federate States, lying without the limits of
the ^e^era) States ; and may permit them, at sucJi times
and in such mariiifer n^ it may by law provide, to foi'm
•Stfvfcs ti3 be admitted into the Confederacy. In all such*
territorj-, the institution of negro slavery, a'a it niw ex-
ists in the Confederate States, shall be recognized and
protected' by Oongress, and by the, Territonat Govern-
ment; and, the inhabitants of the several Confederate
States 'and Territories shall have the right to take to
slich T6rrit6ry any slaves lawfully held by them in an}-
of the States or Territories of tlie Confederate States.

4. The Coutederate Statee shall guarantee t;e evci';^'
State that now is, or hereafter may become,' a member of
this Confederacy', a rcp>ublican form of government, and
filr»ill protect each of them against invasioq^'and^ o?i Ap-
plicatioYi of the Legislature (or, of the Executive, when
the* Tegishiture ife not in session;)' a_gainst doinestjfc vio-


1. Ujion the demand of any three States, ]<»gally afi^

RCmblcd in their .several Conventions, the Congrfes^ shftll

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Online LibraryAlabamaOrdinances and constitution of the state of Alabama : with the constitution of the provisional government and of the Confederate States of America → online text (page 10 of 11)