The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-10-14
THE CONFEDERATE CONSTITUTION.
REASONS FOR DIFFERENCES BETWEEN IT
AND THE CONSTITUTION OF THE UNITED
STATES.
An Unusually Interesting Historical
Resume


of 1867, by the Hon. R. B. Rhett, in answer t.
certain inquiries addressed to him as to thu
authorship of the various alterations in thu
Constitution OF the Confederate States from
the Constitution Of the United States. Mr.. 7
NJ. S. Rhett, to whom the letter was address
ed, in predatory note says: SIN CONSCIENCE
of suggestions made to himl-that the archives
of the Confederate States, showing the fOrma
ton of its constitution, may never see the day
and that his statement, as made to me, hat
better be published now whilst the actors will
him are alive and can correct misstatements
if any there be, he has at length consented tt
my publishing his letter: :"
CHARLESTON, S. c., April Is, 1867.
.Nu Dear Stuart-You request me to inform
you, whether was not the author OF all the
alterations in the Confederate States Constitu.
ton, from the Constitution OF the United
States | answer no; but as was the author
of part of them, perhaps the most important
part, will briefly state what clauses in the
Confederate States Constitution am respon
sible for.
You are aware, | presume, that was ap-
pointed by the Convention the chairman OF
the Committee to Frame a Permanent Con-
stitution for the Confederate States.
The Southern States had seeded from tic
United States on account OF one cause only
the usurpations of the Northern States upon
the Constitution of the United States. Con-
cerning the express powers granted by the
constitution. there had been no contention.
1t was the inferental constructive powers
claimed by the Northern States for the Gov
ernment of the United States, which the South
ern States had opposed as usurpations on the
constitution, beginning with bank, alien and
sedtion laws, tariff and internal improve
ments; finally concluding with slavery and In
sectionalism. We determined, therefore, TO
make the Constitution of the Confederate
States simply the 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 the Constitution Of the United States.
When, by usurpation on the part Of the North.
this whole instrument lost its character and,
from limited government, the Government
Of the United States was clearly lapsing into
limitless despotism, the Southern States
seeded. They determined, by the Consttu-
ton of the Confederate States, to perpetuate
the government transmitted to them by their
fathers This is its whole purport.
The two great vital powers in all govern
ments are the laying Of taxes, and the expen-
diture of taxes These powers decide the
character of every government, whether 1t Is
limited or unlimited, federal or consolidated;
hence from the commencement OF the Gov
| ernment of the United States strife arose as to
the extent OF its powers. The one party,
| chiefly at the South, contended that power in
the Constitution of the United States bestow-
| ed on Congress, ito levy and collect taxes,
duties" &C., 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 q DIFF
ferent and antagonisticl lpurpose-to prevent
importations on which taxes may be collected,
and thereby promote and encourage different
branches Of industry by giving them the mar
| kets of the United States. The one party con-
tended that the expenditure of the taxes
should be limited to the exigencies of the
| Federal Government merely, within the OBJ
Iects designated In the constitution. The
other party contended that they should be cX.
pended TO promote the general interest or
commerce, and the indefinite general welfare
of the United States.
l. At the head of the powers granted to Con-
gress by the Constitution of the United States,
stands the following clause Sec. 8, Act !:
1.-THE Congress shall have power to lay ana
collect taxes, duties imposts and eXcises, to
| nav the debt and provide for the common de-
fence 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
| "cXcises," but on reference to the original
manuscript of the constitution, the comma
was shown to be correct.
Before went to the convention at Mont
gomery, had prepared book containing Ger
tain amendments to the Constitution OF the
United States, WHICH might be adopted by
the Confederate States. That book was be-
fore the committee which framed the Pro-
yisional Constitution Of the Confederate States.
In that book the above clause from the Consli-
tuition of the United States was modified as
follows: sgThe Congress shall have power to lay
i,,,r no md
for revenue necessary 10 pay the debts
and carry on the Government of the
Confederacy." The clause. thus modi-
fled, was reported as q part of the Pro-
vsional Constitution, and adopted by the
convention. When the Committee on the
Permanent Constitution took up this ella sc for
consideration, it was also adopted as part Of
tion. OF course, Us it had already been adopted
by the convention in the Provisional Constltu-
tion, 1t met no opposition as part of the Per-
manent Constitution; but comforting with the
members of the convention, became satisfied
that it would not accomplish the object Of
limiting taxation to the simple purpose OF
revenue. To accomplish this object, when the
clause was under consideration in the convcn-
ton, offered the following prohibition as an
addition: "But no bounties shall be granted
| from the treasury, nor shall any duties or
taxes on mpOrtations from foreign nations be
made to promote or foster any branch OF in
dustry" This amendment was carried in the
convention. So the clause In the Confederate
States Constitution, Act /, Section 8, is as fol-
lows: ''Thc Congress shall have power to lay
and collect taxes, duties, imports and cXcises
for revenue necessary to pay the debts, pro-
vide for the common defence, and carry on
the Government of the Confederate States;
but no bountics shall be granted from the
treasury, or shall any duties or taxes on I'M
portatiOns from foreign nations be laid TO pro-
mote or foster any branch of industry"
3 The appropriation of money from the
Treasury of the United States for the purpose
of internal improvements had been, for more
than thirty years, one of the great disputed
usurpations which the South opposed, and had
been repeatedly arrested by the vetocs OF dill
fercnt Presidents 1t had been claimed chiefly
under the power granted In the Constitution
of the United States to Congress TO regulate
commerce with foreign nations, and among the
several States, and with the Indian tribes. y
When this clause was reported by the COM
mittee In the permanent Confederate States
Constitution, as it stands in the Constitution
of the United States, and came up in the con-
vention for consideration, Mr. T0ombs, from
Georgia, offrced the following amendment:
''BuL neither this nor any other clause contain
cd in the constitution shall be construed to
delegate the power to Congress to appropriate
money for internal improvements Intended TO
facilitate commerce." had prepared an amend
ment very much to the same purport, but
abandoned it, and supported this offered by
,f,. noo,,k, lnor onpcilarohln Gphatp Mr.