Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-09-26
THE CONFEDERATE CONSTITU-
TON.
Reasons for Differences Between it
and the Constitution of the
United States.
An Unusually Interesting Historical
Resume.

by the friends of the APPEAL:
Editors Appeal; 1 send you a letter,
writer some time since by my uncle,
the Hon. II. b. Rhett, in answertO Ger
tain inquiries / addressed to him as to
the authorship of the various altera-
tons in the Constitution of the Confed-
crate States, from the Constitution of
the United States. In consequence of
suggestions made to him-that the ar
chiVes of the Confederate States,
showing the formation of its COnstitu-
ton, may never see the day, and that
his statement, as made to me, had
better be published now whilst the
actors with him are alive and can cor
rect misstatements, if any there be,
he has at length consented 10 my pub
fishing his letter. Please giVeit room
in your columns, and Oblige,
Your Obedient servant,
T. NJ. S. RHETT.
MEMPHIS, Tenn, September Is, 1869.
CHARLESTON, 5. c., April Is, 1868.
My Dear Stuart: You request me
to inform you whether / was moi the
author of all the alterations in the
Confederate States Constitution, from
the Constitution Of the United States?
| answer no; but as | was the author
of a part Of them, perhaps the most
important part, / Will briefly state
what clauses in the Confederate States
Constitution | am responsible for.
You are aware, l presume, that /
was appointed by the Convention the
Chairman Of the Committee to Frame
a Permanent Constitution for the Con-
federate States.
The Southern States had seeded
from the United States, on account of
one cause Only-the usUrpations Ofthe
Northern States, upon the COnstitu-
ton of the United States. Concerning
the express DOlcer granted by the Con-
stltutlon there had been no contention.
1t was the i~nferentiGl construct
iUe powers claimed by the North
ern States, for the Government
of the United States, which the
Southern States had opposed as
usurpations on the Constitution,
beginning with Bank, Alien and Sedi-
ton laws, TarifTand Internal improve
mentS, finally concluding with slavery
and in sectiOnalism. We determined,
therefore, to make the Constitution Of
/ vi NllC SOllitACl dAf DldLGH 5lIllIlN NnH
Constitution OF the United States. as
the South had always interpreted its
powers, with only such alterations as
would remove ambiguity and better
carry out its plain intents. The
South was always satisfied with uthe
Constitution OF the United States.
When, by usurpati0n on the part of
the North, this whole instrument lost
its character, and from a limited gov
eminent the Government of the Uni
ted States was was clearly lapsing into
a limitless despOtism, the Southern
States seeded. They determined by
the Constitution of the Confederate
States to pe%rpetuate the. Government
transmitted to them by their fathers.
This is its whole purpOrt.
The two great vital powers in all
Governments are the laying of taxes
and the expenditure of taxes. These
power decide the character of every
Government, whether it is limited or
unlimited, federal or consolidated;
hence from the commencement of the
Government of the United States
strife arose as to the extent Of
their powers. The one party.
chiefly at the South, contended
that power in the Constitution of the
United States bestowed on Congress.
" to levy and collect taxes, duties,''
etc, was merely for revenue to carry
on the Government of the United
States. The other party, chiefly at
the North, cOntended that this power
should be exercised for a-different and
antagOnistic purpOse-tO prohibit i'm
nOrfl fann on NArhrgh 70 H-ng. rnnr- a, col
lected, andthereby promotes and encOu-
rage different branches of industry by
giving them the markets of the United
States. The n party cOntended that
the expenditure Of the taxes should be
limited to the eXegencies of the Fede-
raj Government merely, within the
objects designated in the Constitution.
The other party contended that they
should be expended to promote the
general interest of commerce, and the
Indefinite general welfare of the Uni
ted States.
l. At the head of the powers grant
ed to Congress by the Constitution of
the United States, stands the follow
ing clause: See. s Act. /, 1.-THE Con-
gress shall have power to lay and col
lect taxes, duties, impOsts, and excuses
to pay the debt and provide for the
common defense and general welfare
of the United States" An attempt
was made TO alter the scope of this
clause by taking away the comma at
the word "eXcises,n but on reference to
the original manuscript of the COnsti-
tuition The comma was shown 10 be
correct.
Before | went to the Convention at
Montgomery l had prepared a book
containing certain amendments to the
Constitution of the United States,
which might be adopted by the Con-
federate States. That book was before
the Committee which framed the
Provisional Constitution of the Con-
federate States. In that book the
above clause from the Constitution of
the United States was modified as fol-
lows: "The Congress shall have
power to lay and collect taxes, duties,
imports and excuses, for FeUeTlite HeceS-
sa1y to pay The debts and carry on the
Government Of the COIVederdcV." The
clause, thus modified, was reported as
n part of the Provisional Constitution,
and adopted by the Convention,
When the Committee on the FerDld-
ne1at Constitution took up this clause
for consideration, it was also adopted
as a part of this Constitution and re-
ported to the Convention. OF course,
as it had already been adopted by the
Convention in the Provisional Consti-
tuition, it met no opposition as a part
of the Permanent Constitution;
but confering with the members of
the Convention, / became salts
fed thatit would not accomplish the
object of limiting taxation to the SIM
ple rpo of revenue. To accom-
plish this object, when the clause was
under consideration in the COnven-
ton. | offered the following prohibit
ton as an addition, "but no bOunties
''shall be granted from the Treasury,
''nor shall any duties or taxes on inn
operations from Foreign nations be
Hmade to promote or foster any branch
sGof industry s'This amendment
twas carried in the Convention. So
''the clause in the Confederate States
''Constitution, act /, sec. 8, is as fol-
'sThe Congress shall have
Hpower to lay and collect taxes, duties,
"imports and excuses for revenue ne
"cessary to pay the debts, provide for
s'the common defense, and carry on
''the Government of the Confederate
Estates; but no bounties shall be
''granted from the Treasury, or shall
''any duties or taxes on impOrtatiOns
Foreign nations be laid to pro-
mote or foster any branch of indus
ID. The appropriation of
AIA IM-a I