Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-10-15
A Discrepancy.
ron ise chFl;lan Index


Between the Constitution and the proposed time
Of insug8rating the Permanent Government Of the
Confederate States, there is discrepancy.
Win the state Of South Carolina seeded, on the
2tl.h dsy of December, 1850, her Convention sub
mtted 10 the other seeding States proposition for
a sprovisional government with prOViso that
such government should "cease sn1 determine in
two wears from the first Of July naxt or when 4
Eernanent government shall have been organized
(Journsl Geo. Con-, p 50j.) In furtieranee Of the
same obiec. the Convention Of Alabama inv tied the
other Southern States 10 meet with her in Conven-
ton, on ths 4th day Of Febs 1851" (p- BID In
aeorlauce with these Invitations, the Georgia Con-
vnton elected ten delegates 10 represent the State
id the Montgomery COaTention, and IN the grsnt of
ppyyers to them il WIS expressly provided that the
provisional government should not extend beyond
lie period Of twelve months frOEn the time it goes
into operation" Cp. gl.)
. The Montgomery Convention very soon agreed
uDon provisional constitution under which Presi~
dent Davis was inaugurated on the !otn OF FeoruA-
~ According, therefore, to the Limitation Of the
Georgia Convention tho existence Of the Provisional
oveIpment would expire, so far as this State IS con
etrued on the 18th February lebz But as the
Montgomery Convention desired 70 lnaugurate the
permanent Government on Wasnlngtons ; birth day,
lie Gsorsa Convention resolved that the delegates
~ this Stste 20 the Convention at Montgomery be
.4,fbpr;zad 70 consent 70 the Constitution Of the
p'rovisonaI Government until the 22d day Of Feb-
rlarv. 1861 with view to the Inauguration Of the
narnaneut Government on mat OAgy' Up. 5Jf.) And
fTrtbsrmore. law Of Congress has been prepared
fo,. the inauguration on the day proposed. On the
235 Of February 1857 and every SIX years there
80 starafore the President viii be inaugursted
: Trt Ia tba Constitution it is prOvdnd Act 2, Sec.
-fl,nsa x shat in case Of failure TO elect the
ps.i5ent bv the electoral college, the House Of
Ps0Tesentatves shall elect one Of the three highest,
snd IF the House Of Representatives shall not
c5Sose a Precedent, whenever the right Of choice
sbsd deyolye upon them. before the fourth OF
Hb navt follo7ing then the Vice President shall
=. - President as in the case Of the death or the
co1stitutional disability Of the President"
II snDears therefore Il at while the time for the
;s9rrs,;on Of tie President is fixed on the 22d Of
Ebrarv the priv ilsge Of the House Of Representa-
-; n sleetips the President 10 extended to the
s,,'-tb Of March And as the Vice President is not
rsd 10 act as President until the latter day,
s5sre NAV happen An interregnue in the Presiden-
al ofiee for the ten days intervening.
S1cha contingency 1T Is true, may not happen
So. century, or may never happen, but il is de-
80. :, tbe Constitution to allow such contingency
=, ~ no.sibe, The instrument ought at once 10 be
-, - - ,T,Peojed as to remove the defect.
Tbo clause Of the Constitution in which the pro-
;., referred to is found, IS literal transcript
s1, he limited States Constitution, only su0sttut-
-, re word "Confederste1 for united"
ProbabIy the discrsI alcy occurred from eOnsid-
o.;D, tbe inaugural on Of the permanent govern
s s1a the second Article Of the Constitution as
S;tsa-sastiuDe When the Convention was in
-, ~ Savannah Icalled the attention Of distin-
,,sbsd member of Ccngress to the subject, and he
oasassed that it WAS az oyersi yht have NOT seen
tbs matter noticed and take this method OF inElt-
NO nnblic Al. e itiOn 10 It. n. N. CBAWEoAD'
Mercer Unigersity, Sept p, 1851