“Natural Born” Debated for the Confederate Constitution
nolu chanMay 15, 2012Source Document: Journal of the Congress of the Confederate States of America,1861-1865; Volume 1, Washington, Government Printing Office, 1904.
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Pages851-896 of the source document provide the record of the Convention toFrame Permanent Constitution for the Confederate States, February 28, 1861 toMarch 11, 1861. All pages provided in Appendix.•Pages403-404 of the source document are an excerpt from the proceedings inthe Provisional Congress of the Confederate States on August 24, 1861. Both pages provided in Appendix.February 28, 1861, at page 856,
Committee draft of Constitution
7. No person except anatural-born citizenor a citizen of the Confederate States atthe time of the adoption of this Constitution shall be eligible to the office of President; neither shall any person be eligible to that office who shall not haveattained to the age of thirty-five years, and been fourteen years a resident within thelimited the Confederate States, as they may exist at the time of his election.
March 6, 1861, at page 875-876,
In Convention to Frame Permanent Constitution
The seventh clause having been read; which is as follows:
No person except anatural-born citizenor a citizen of the ConfederateStates at the time of the adoption of this Constitution shall be eligible to theoffice of President; neither shall any person be eligible to that office whoshall not have attained the age of thirty-five years, and been fourteen years aresident within the limits of the Confederate States, as they may exist at thetime of his election.
Mr. Rhett moved to amend the same by inserting after the words “theConfederate States” the words “or of the United States.”
Mr. Hill moved to lay the amendment on the table and demanded thequestion; which was seconded, and the motion prevailed.Mr. Waul moved to postpone the consideration or the clause for the present.The motion was lost.On motion of Mr. Stephens, the paragraph was amended by insertingafter the words“a natural-born citizen”the words “of one of the Statescomposing this Confederacy at the time of the election.” Mr. Cobbmoved to amend the clause by inserting after the words “at the time of”the words “or within two years after.”Mr. Hill demanded the question; which was seconded, and the motion of Mr. Cobb was lost.Mr. Curry moved to amend the clause by striking out the words “at thetime of” and inserting in lieu thereof the words “who was born in theUnited States prior to;” which motion was lost.The section as amended reads as follows:
No person except anatural-born citizenof one of the States composing thisConfederacy at the time of the election, or a citizen of the Confederate Statesat the time of the adoption of this Constitution, shall be eligible to the officeof President; neither shall any person be eligible to that office who shall nothave attained the age of thirty-live years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of hiselection.
March 8, 1861, at page 884,
In Convention to Frame Permanent Constitution
On motion of Mr. Stephens, by unanimous consent, the action of theConvention on the seventh clause of the first section of the secondarticle, defining who shall be eligible to the office of President, wasreconsidered and amended so as to read:
No person except anatural-born citizen, being a native of one of the Statescomposing this Confederacy at the time of the election, or a citizen of theConfederate States at the time of the adoption of this Constitution, etc.
March 9, 1861, at page 889
In Convention to Frame Permanent Constitution
On motion of Air. Cobb, the motion of Mr. Stephens (which prevailed) to amend the seventh clause of the first section of thesecond article was reconsidered.The question then recurring on the motion of Mr. Stephens to amendthe section, it was disagreed to.
Mr. Walker moved to amend theclause so as to read as follows;
No person except anatural-born citizenof the Confederate States, or acitizen thereof at the time of the adoption of this Constitution, or acitizen thereof born in the United States prior to the twentieth of December, eighteen hundred and sixty, shall be eligible to the office of President, etc.
Mr. Withers moved to amend the amendment by striking out the sameand inserting in lieu thereof the following, to wit:
Only anative bornof some one of the States composing the ConfederateStates of America at the period of the election, including one born of such,temporarily absent beyond the limits of the Confederate States, or a citizenof the Confederate States of America at the time of the adoption of thisConstitution, or a citizen thereof and born within the United States of America prior to January first, eighteen hundred and sixty-one.
The motion was lost.
The motion of Mr. Walker to amend was agreed to.
August 24, 1861, at page 403
In the Provisional Congress of the Confederacy
Mr. Macfarland moved to amend the sixth section by adding theretothe following proviso:
Provided also,
That nothing herein contained shall be so construed as toauthorize the seizure and sequestration of any property or debts belonging tofemmes covert or to minors who do not serve in the armies of the UnitedStates or tonatural-born citizensof any of the Confederate States, who,
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Natural Born Debated for the Confederate Constitution
"Natural Born" Debated for the Confederate Constitution in 1861 convention.
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