decided upon with great unanimity, that our republic was to be the home of the oppressed of all nations, whether Christian or Pagan, and that in view of the mischief of a union of Church and State seen in other nations it was thought inexpedient to put anything into the Constitution or form of government which might be construed into the recognition or support of any religion, creed, or doctrine. The "elastic clause of the Constitution" is Article I., Section 8, Clause 18. "To make all laws," etc. It was the interpretation of this clause that divided the people into the two first great political parties. (See Political Parties, "Strict Constructionists."). Derivatives of Congressional Terms. Senate, used for the "Upper House" in Maryland, Massachusetts, New York, North Carolina, New Hampshire, South Carolina, and Virginia. House of Representatives, used for the "Lower House" in Massachusetts, New Hampshire, South Carolina, Pennsylvania, and Vermont. Title of President, used in Constitutions of Delaware, New Hampshire, Pennsylvania, and South Carolina instead of Governor. Form of Presidential Oath, Constitution of Pennsylvania. Presidential power of filling vacancies by commission, to expire at the end of the next session of the Senate, constitution of North Carolina. President may adjourn the two houses when cannot agree on a time of adjournment, constitutions of Massachusetts and New Hampshire. President's message, constitution of New York. Veto, constitution of Massachusetts (1780). Impeachment, constitutions of Delaware, Massachusetts, New Hampshire, New York, Pennsylvania, South Carolina, Virginia. Rotation in the Senate, one-third every two years, constitution of Delaware. Money bill provision in House of Representatives, almost word for word of constitutions of Massachusetts and New Hampshire. The names of the thirteen States omitted, because the Constitution was to go into effect on its acceptance by nine of them, and the States by which it would be ratified could not be foreknown. A tabulated statement of delegates, drawn from a list of John Quincy Adams's, is published in the "Journal of the Federal Convention." It covers sixty-five names, while seventy-three, it is claimed, was the correct number of delegates. The "Journals of the Maryland Legislature" add to the Maryland delegation: Charles Carroll of Carrollton, Thomas Stone, Thomas Sim Lee, Gabriel Duvall, Robert Harison Harrison. On authority of the "Madison Correspondence," there are added to the Virginia delegation Richard Henry Lee and Thomas Nelson. The "Acts of South Carolina" add Henry Laurens. None of the above named persons accepted their appointments or acted under them. The reason for "not being present or "not signing" of those named in the following tabulated list, so far as known, is as follows: Strong. Absent by leave on September 17th. Wythe. Under leave of absence owing to sickness of his wife. Patrick Henry. Declined to serve, as he was "filled with apprehension lest the new Constitution should destroy State sovereignty and concentrate a fearful power in the hands of the chief magistrate." Martin. Withdrew. Davis. Illness of family called him home. Pierce. Attending a session of the Continental Congress, of which he was a member. Lansing. Left the Convention, as he leaned too much toward State consideration to be a good member. Yates. Left, convinced of the impracticability of establishing a general government pervading every part of the United States that would extend essential benefit to all. Gerry, Elbridge 2 Mason, Geo. Mass.. Marblehead.. Mass. July 17, 1744 43 Merchant.. Nov. 23, 1814 Randolph, Edmund J. Virginia.. Members who declined to serve, or did not attend. N. Carolina Cecil Co......Md. Aug. 8, 1729 5 Lawyer.... Nov. 20, 1789 Mass. Georgia ...England N. Carolina Raleigh .N.C. Sept. 15, 1794 Apr. 25, 1811 June 6, 1799 N. Jersey Raritan Ldg..N.J. Mar. 11, 1745 42 Merchant.. Mar. 3, 1833 1746 41 Army Oct. 20, 1821 Apr. 11, 1805 July 27, 1817 N. Hamp.. Newington ..N.H. Sept. 22, 1737 50 Lawyer. 1 Age at time Constitution was signed. 2 Feared a civil war. Sure they would set up a monarchy, some parts being dangerous. Objected to powers conferred on President and Senate and deficient boundaries between State and national authority. 5 James McClurg, substitute for Patrick Henry. • Hugh Williamson, substitute for Willie Jones. Baldwin, Abraham.... Georgia... N. Guilford..Conn. Nov. 6, 1754 33 Lawyer.. Blair, John.. Blount, Wm.. Lawyer.. 1747 40 Lawyer. .1735 Lawyer. 1744 13 Politician Virginia... Williamsburg..Va. S. Carolina Feb. 15, 1822 ..1829 Brearley, David Fitzsimons, Thos. Jenifer, Daniel, of Johnson, Wm. Sam'l.. King, Rufus... Langdon, Jno Madison, James, Jr... Oct. 17, 1752 35 Lawyer.. Maryland.. Jan. 23, 1813 Feb. 14, 1808 Georgia Baltimore Co.. Md. June 8, 1745 39 Lawyer. July 16, 1828 Aug. 26, 1811 Apr. 17, 1790 1755 32 Politician.. May 2, 1814 Charlestown Mass. May 27, 1738 49 Lawyer... June 11, 1796 New York. Isle Nevis, Br. W.1. Jan. 11, 1757 30 Lawyer.. July 12, 1804 Oct. 31, 1822 Nov. 6, 1790 Morris, Gouverneur. Penn.. Members not present on the last day of the Convention. Davie, Wm. Richardson N. Carolina Egremont.... Eng. June 20, 1756 31 Lawyer....Nov. 8, 1820 .N.J. Virginia Hampton...... Va. Mercer, Jno. Francis.. Maryland.. Stafford Co.... Va. May 17, ..1726|61| .1806 Nov. 7, 1819 1726 61 Lawyer.... June 8, 1806 Members withdrew, because felt Convention guilty of exceeding its Conn.. Stratford....Conn. Oct. 7, 1727 50 Lawyer.. S. Carolina Charleston ... S.C. Feb. 25, 1746 41 Lawyer.. Aug. 16, 1825 Sept. 21, 1798 1739 48 Lawyer. July 23, 1800 Conn.... Newton..... Mass. Apr. 19, 1721 66 Shoemaker. July 23, 1793 N. Y. Jan. 30, 1754 33 Lawyer....Dec. 12, 1829 Maryland N.Brunswick.N.J. Feb. 9, 1748 39 Lawyer.... July 10, 1826 New York. Schenectady. N. Y. Mar. 17, 1785 49 Lawyer.. Sept. 9, 1801 1 Age at time Constitution was signed. THE CONFEDERATE STATES OF AMERICA. The first legislative move toward a Southern Confederacy was the Convention that met at Columbia, South Carolina, December 17, 1860, and (on account of epidemic), adjourned December 18 to Charleston, South Carolina, where, December 20, 1860, the following ordinance was passed :· We, the people of the State of South Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, that the ordinance adopted by us in convention, on the twenty-third day of May, in the year of our Lord 1788, whereby the Constitution of the United States was ratified, and also all acts and parts of acts of the General Assembly of this State ratifying amendments of the said Constitution, are hereby repealed; and that the Union now subsisting between South Carolina and other States, under the name of the United States of America, is hereby dissolved. February 4, 1861. Congress of delegates of the seceding States, called at the instance of South Carolina, convened at Montgomery, Alabama. Howell Cobb of Georgia elected Chairman (ex-Speaker of the XXXI Congress U. S. A.), J. J. Hooper of Alabama, Secretary. South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana represented; Texas delegates did not arrive until after the organization of the Provisional Government. February 8, 1861. Provisional Constitution adopted. "to continue one year from the inauguration of the President, or until a permanent Constitution or Confederation between the said States shall put in operation, whichsoever shall first occur." This Constitution gave the name to the Confederacy as "The Confederate States of America." It had been suggested to name it "Washington Republic." "In the beginning and throughout the contest, the object of the 'Confederates' was to maintain the separate sovereignty of each State, and right of self-government, which that necessarily carries with it. The object of the Federals, on the contrary, was to maintain a centralized sovereignty over all the States on both sides." -Stephens's "War between the States," Vol. II., p. 426. February 9, 1861. Election by the Provisional Government of the chief executive officers. President, JEFFERSON DAVIS of Mississippi. Vice-President, ALEXANDER H. STEPHENS of Georgia. Mr. Stephens was a delegate to the Convention from Georgia. Possible candidates for the presidential nomination, Robert Toombs and Howell Cobb. February 18, 1861. Jefferson Davis inaugurated President at the State House, Montgomery, Alabama. Oath of office administered at the close of his inaugural address by Howell Cobb of Georgia, as President of the Congress. First Cabinet. Department of State, ROBERT TOOMBS, Secretary. Department of Justice, JUDAH P. BENJAMIN, Attorney-General. March 11, 1861. Constitution for permanent government adopted unanimously by Congress at Montgomery. [See table page 104 for date of ratification by each State.] |