Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-09-26

Constitution of the United States, and
came up in the Convention tor cOnsid-
Grafton, Mr.. TOOmbs, from Georgia.
offered the following amendment:
" But neither this, nor any other
clause contained in the Constitution,
shall be construed to delegate the
power to Congress to appropriate mo-
ney for internal improvements, in
tended to facilitate commerce. Ihad
prepared an amendment very much to
the same purpOrt, but abandoned it,
and supported this offered by Mr..
TOOmbs. After considerable debate
Mr.. TOOmbs withdrew the amend
ment. / Immediately rose and
offered it as an amendment.
On the vote being taken, it was
carried as a part of the COnstitu-
ows:
ITO regulate commerce with For
eign Nations and among the severa.
States and with the Indian Tribes, bu
neither this nor any other clause con-
tanned in the Constitution shall ever
be construed to delegate the power to
Congress TO appropriate money for
any internal improvement intended
to facilitate commerce" 3D.. But
there was yet something more to be
done with this clause to make it COM
plete. A method ought to be prOvi-
ded by which our harbOrs and rivers
mighthave their navigation improved.
l accordingly drew up and read to the
Convention its presentation at that
time not being in order the following
additional amendment: Except for
the purpose of furnishing lights, bea-
cons and buOys, and other aid to nav
igatiOn upon the coasts, and the i'm
proVement of our harbOrs. and the re-
moving of instructions in our river
navigation, in all which cases such
duties shall be laid on the navigation
facilitated thereby as may be neces-
sary to pay the cost and expenses"
After l had read this amendment
to the Convention and explained its
operation, Mr.. Marshal, of Louisiana,
came to my seat and expressed his
appreciation of it, and asked me to let
him take acOpy Of it for consideration.
l told him to take the amendment
and offer it himself, as an amendment
to the Constitution. He took it and
the day after offered it as an amend
ment to the Constitution, and it was
adopted. The whole clause, as mod
flied, stands in the Confederate States
Constitution, article l, section 5, clause
3, as follows:
"TO regulate commerce with all
foreign nations, and among the sew
eral States, and among the Indian
tribes; but neither this nor any other
clause contained in the Constitution
shall ever be construed to delegate the
power TO Congress to appropriate
money for any neutrality-suspicious.,
intended 10 facilitate commerce;
except for the purpose of furnishing
lights, beacOns and buOys, and other
aid to navigation upon the coasts, and
the Improvement of our harbOrs,
and the removing of distractions in
our river navigation, in all which
cases such duties shall be laid on the
navigation facilitated thereby as may
be necessary to pay the cost and eX-
penses."
4. The election of a President ev-
cry four years, and the abuse of the
official patronage of the Government,
that the elections produced were great
evils under the Constitution of the
United States. The re-eligibility of
the President was not without danger,
as the re-eligibility of the COnsuls of
Rome opened the way to the Roman
Empire. l brought up this subject
before the committee preparing the
Constitution, and proposed the extern
sion of the term of service of the Pres
ident and Vice President of the Con-
federate States to six years, and that
the President shall be ineligible to the
presidency after his term of service
expired. But / submitted also TO their
consideration that the samee end might
be obtained, by making the President
ineligible after an intervening term
of service of six years had taken place.
By this policy the existing President
would have no motive to use his
patronage in the election, and the ser
vices of a very able man might be OBJ
tanned for a second term. This latter
view was favored by the Committee,
and | reported the clause to the Con-
ventiOn accordingly, with a six years
tenure of office. But when it came up
for consideration in the Convention
Mr.. BOyce, of South Carolina, moved
TO strike out the conditional re-eligi-
bility, as this made the clause as | had
originally proposed it in Committee.
1 expressed my appreciation of it, and
voted for it with the majority which
adopted ii as follows: ARTICLE II,
section 1. The Executive shall be
vested in a President of the Confede-
rate States. He and the Vice Presi-
dent shall hold their offices for the
term of six years, but the President
shall not be re-eligible."
8. To make ability and worth
the sole criterion for holding Of
flee, and to prevent the corrupt use
of the official patronage of the
Government in elections, / offered
in the Committee the Sd Clause, |
> Sec. Art. II, of the COnstitu,
ton of the Confederate States, which
was adopted by them, and, with unan-
imOus consent, was also adopted by
the Convention: 1.-THE principal offices
in each of the executive departments
and all persons connected with the
service, may be removed
Office at the pleasure of the Pres
all other civil officers of execu-
tive departments may be removed at
any time, by the President or other
power, when their services are unnee-
assary, or fer dishonesty, incapacity
in~efficiency, misconduct, or neglect of
and, when so removed, the re-
moval shall be reported to the Senate,
together with the reasons therefore"
O. Amendments to the Constitution
Of the United States, proved to be so
lifficult in the course of its admins
before the war, that it amount
ed to prohibitions. Since the war the
country has been in a condition of
revolution, and practically with
no Constitution but the des-
potic will of a Congress of
4 part only of the States. l pro-
posed in the Committee the fifth arti-
lie of the Confederate States Constitu-
ion which, both by them and the
Convention afterwards, was unani-
nously adopted as a part of the Con-
ititutiOn of the Confederate States.
If it had been a part of
he Constitution of the United
States the vast discomfort which
preceded the war and made it inevita-
Die, would have been easily arrested
md allayed; and the States assem-
lied in Convention would have set
led amicably all their differences. 1t
'eads as follows: "UpOn the demand
If any three States, legally assembled
n their several Conventions, the Con-
,ress shall summon a Convention of
Ill the States, to take into considera-
ion such amendments of the COnsti-
ution as the said States shall
.oncur in suggesting at lifetime when