美利坚联盟国宪法（英语：Constitution of the Confederate States of America）简称联盟国宪法、邦联宪法（英语：Constitution of the Confederate States），是美利坚联盟国最高法律。该法案于1861年3月11日通过，自1862年2月22日起生效，直至美国内战结束（1865年5月）。从1861年2月8日到1862年2月22日，联盟国也根据临时宪法运作。 [1]最初的临时宪法位于弗吉尼亚州里士满美国内战博物馆，[2]与后来的版本略有不同通过了。最终的手写宪法位于哈格特善本和手稿图书馆佐治亚大学。其大部分条款逐字复制于合众国宪法；然而，这两份文件在语气和法律内容上存在重大差异，主要是在奴隶制方面。
 |
与合众国宪法比较
 |
合众国宪法和联盟国宪法的序言有一些相似之处，但联盟国宪法的作者似乎打算给新的序言赋予不同的感觉。此处提供了两个前言。粗体文字显示之间的差异。联盟国宪法的序言提到了上帝、永久政府以及每个州的主权和独立。
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
译文：我们合众国人民，为建立更完善的联邦，树立正义，保障国内安宁，提供共同防务，促进公共福利，并使我们自己和后代得享自由的幸福，特为美利坚合众国制定本宪法[4][5]。
- 联盟国宪法序言
"We, the people of the Confederate States, each state acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity – invoking the favor and guidance of Almighty God – do ordain and establish this Constitution for the Confederate States of America."
译文：我们联盟国人民，每个州以其主权和独立的特质行事，为了建立一个永久的联邦政府、确立正义、保障国内和平以及为我们自己和我们的子孙争取自由的祝福，恭请全能上帝的青睐和指引，立此宪法，成立美利坚联盟国。
联盟国宪法的正文大部分沿用了合众国宪法，但也有一些变化
- Amended Article I Section 2(1) to prohibit persons "of foreign birth" who were "not a citizen of the Confederate States" from voting "for any officer, civil or political, State or Federal."[7]
- Article I Section 2(3) is essentially the same, and the clause still counts only "three-fifths of all slaves"[8] for the population total of each state, just as it did in the US with the Three-Fifths Compromise: "The number of Representatives shall not exceed one for every fifty thousand".[8] while in the U.S. Constitution "The Number of Representatives shall not exceed one for every thirty Thousand."[9] A proposed Amendment to the U.S. Constitution which had been awaiting ratification by the states would have changed the maximum number of representatives to one for every fifty thousand.
- Amended Article I Section 2(5) to allow the state legislatures to impeach federal officials who live and work only within their state with a two-thirds vote of both houses of the state legislature.[8]
- Concerning the appointment of Senators, Article I Section 3(1) adds "at the regular session next immediately preceding the commencement of the term of service."[10] The state legislature, which then was responsible for the appointment of senators, had to wait until the seat was vacant.
- Article I Section 4(1) deals with elections and adds "subject to the provisions of this Constitution"[11] to the U.S. Constitution Clause. That meant that each state legislature was free to make its own decision except if the constitution laid out other rules. The aforementioned Article I Section 2(1) and Article I Section 3(1) clauses would fall into that category.
- Amended Article I Section 6(2) to allow the House of Representatives and the Senate the ability to grant seats to the heads of each executive department to discuss issues involving their departments with Congress. The clause is the same as the one from the U.S. Constitution and adds:
But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department.[12]
- Amended Article I Section 7(2) to provide the President of the Confederate States of America with a line-item veto but also required any bill in which the president used the veto in to be resubmitted to both houses for a possible override vote by two thirds of both houses.
- In an attempt to prevent the Confederate Congress from protecting industry, the framers added to Article I Section 8(1):
The Congress shall have power – To lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the Government of the Confederate States; but no bounties shall be granted from the Treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States.[13]
- The phrase "general Welfare" was dropped from the Confederate Clause as well.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;[14]
Article I Section 8(3) added quite a bit to the U.S. Constitution in an attempt to block the Confederate Congress from appropriating money to build "internal improvements" to "facilitate commerce,"[13] with some exceptions allowing for safety and improvement to waterways.
- Article I Section 8 of the U.S. Constitution.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.[14]
- Article I Section 8(3) of the Confederate Constitution.
To regulate commerce with foreign nations, and among the several States, and with 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 internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof.[13]
- There are changes and additions to Article 1 Section 9 Clauses (1), (2), and (4) that are covered in the Slavery section below.
- The first twelve amendments to the U.S. Constitution, including the Bill of Rights, were directly incorporated into the Confederate Constitution. That was done primarily in Article I Section 9 of the Confederate Constitution, with the first eight amendments to the U.S. Constitution becoming clauses (12) to (19).[15][16]
- In addition to were three altogether-new clauses in the Confederate Constitution for Article I, Section 9.
- Article I, Section 9(9)
Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of Department, and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which it is hereby made the duty of Congress to establish.
- Article I, Section 9(10)
All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered.
- Amendments I through VIII are contained, in the same order, in Article I, Section 9(12) through Article I, Section 9(19) (the remainder of the US Bill of Rights is in Article VI).
- Article I, Section 9(20) was added to limit new bills to only one subject presented.
Every law or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.[15]
Then in Section 10:
- Article I Section 10(3):Confederate States did not have the ability to tax ships and negotiate treaties concerning waterways with other States without the consent of Congress.[需要解释] That clause limited the Confederate States in their ability to keep troops or to engage in war, but they would have the ability to enter compacts for the improvement of shared rivers.
No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall any state keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof.[17]
Article II
- The President of the Confederate States of America is to be elected by electors, chosen by the individual states, for a single six-year term, rather than a then-unlimited number of four-year terms. Article 2 Section 1(1) reads as: "The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible."[7]
- Amendment XII of the U.S. Constitution is added here as Article II Section 1(3), (4), and (5)[7][18]
- Article II Section 1(7) of the Confederate Constitution required candidates for the President of the Confederacy to have resided "within the limits of the Confederate States" for 14 years.[7]
Changes to Article III
- Article III Section 2(1) of the Confederate Constitution combines the first clause of Article III Section 1 in the U.S. Constitution with Amendment XI. The phrase "citizens of the same state"[19] is left out and "and foreign states, citizens or subjects; but no state shall be sued by a citizen or subject of any foreign state"[20] is added in the Confederate Constitution.
Changes to Article IV
- There were changes and additions to Article IV Section 2(1) and Article IV Section 3(3), which are covered in the Slavery section below.
- Article IV Section 3(1) required a two-thirds of both houses of Congress vote for a new state to join the Confederacy.
Other states may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives, and two-thirds of the Senate, the Senate voting by states; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.[21]
Changes to Article V
- The Confederate Congress, unlike in the U.S. Constitution, could not propose amendments. Instead, amendments had to be proposed by constitutional conventions in at least three states.[22] The Confederate Constitution also clarified an ambiguity in the U.S. Constitution's Article V by declaring that a national convention could propose only amendments that were suggested by state conventions, as opposed to having the authority to amend the entire Constitution. The process of amendment became easier (Article V Section 1(1)) by requiring only two thirds of the states to ratify, rather than three fourths.
Changes to Article VI
- The Confederate Constitution added a clause to aid with the transition from the provisional government.
Article VI Section 1(1) The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.[23]
- Amendments IX and X of the U.S. Constitution were added here as Article VI Section 1(5), and (6)[24][25][26]
Changes to Article VII
- Article VII Section 1(2), with instructions for electing permanent officials after the ratification of the Confederate Constitution, was added.
When five states shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution, shall prescribe the time for holding the election of President and Vice President; and, for the meeting of the Electoral College; and, for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government.[27]
Differences by subject
Slavery
There were several major differences between the constitutions concerning slavery.
- Whereas the original U.S. Constitution did not use the word "slavery" or the term "Negro Slaves"[28] but instead used "Person[s] held to Service or Labour,"[29] which included whites and Native Americans in indentured servitude, the Confederate Constitution addresses the legality of slavery directly and by name.[30]
- Though Article I, Section 9(1), of both constitutions are quite similar in banning the importation of slaves from foreign nations, the Confederate Constitution permitted the Confederate States to import slaves from the United States and specified the "African race" as the subject. The importation of slaves into the United States, including the South, had been illegal since 1808.[31]
联盟国宪法奴隶制
第一条第9(1)条
特此禁止从美利坚合众国蓄奴州或领地以外的任何外国输入非洲黑人；国会负责制定有效防止此类进口的法律。
然而，宪法保留国会废除此类进口的权力：
第一条第9(2)条
国会还有权禁止从非本联盟国成员的任何州或不属于本联盟国的领土引进奴隶。
第一条第9(4)款就黑人作出了澄清：
第一条第9(4)条
不得通过剥夺公民权法案、事后法律或否认或损害黑人奴隶财产权的法律。
第四条第2(1)节，针对黑人进行了修订：
第四条第2(1)节
各州公民享有各州公民的一切特权和豁免权，并有权携带奴隶和其他财产在本联盟国任何州过境和居留：并有权上述奴隶的财产不得因此受到损害。
联盟国宪法中增加了一项条款，根据该条款，奴隶制将适用于未来所有希望加入联邦的州：
第四条第3(3)节
国会有权为属于联盟国各州的所有领土上的居民立法并建立政府，不受各州的限制；并可允许他们在法律规定的时间和方式组建被接纳为联盟国的州。在所有这些领土上，目前在联盟国各州存在的黑人奴隶制度应得到国会和领土政府的承认和保护：并且几个联盟国州和领土的居民应有权将他们在联盟国各州或领土上合法持有的任何奴隶带到该领土。
签署
- 豪厄尔·科布，国会主席
- 南卡罗来纳州：
- 罗伯特·巴恩韦尔·瑞特、克里斯托弗·梅明格、威廉·波彻·迈尔斯、小詹姆斯·切斯纳特、罗伯特·伍德沃德·巴恩韦尔、威廉·沃特斯·博伊斯、劳伦斯·M·凯特、托马斯·杰斐逊·威瑟斯。
- 佐治亚州：
- 罗伯特·图姆斯、弗朗西斯·巴托、马丁·詹金斯·克劳福德、亚历山大·史蒂芬斯、本杰明·哈维·希尔、托马斯·里德·鲁茨·科布、尤金尼乌斯·阿里斯蒂德斯·尼斯贝特、奥古斯都·罗马尔杜斯·赖特、奥古斯都·福尔摩斯·凯南。
- 佛罗里达州：
- 杰克逊·莫顿、詹姆斯·巴顿·安德森、詹姆斯·拜拉姆·欧文斯。
- 亚拉巴马州：
- 理查德·王尔德·沃克、罗伯特·哈迪·史密斯、科林·J·麦克雷、威廉·帕里什·奇尔顿、斯蒂芬·F·黑尔、大卫·P·刘易斯、托马斯·费恩、约翰·吉尔·肖特、贾贝兹·拉马尔·门罗·库里。
- 密西西比州：
- 亚历山大·莫斯比·克莱顿、詹姆斯·托马斯·哈里森、威廉·S·巴里、威廉·悉尼·威尔逊、沃克·布鲁克、威利·P·哈里斯、乔赛亚·阿比盖尔·帕特森·坎贝尔。
- 路易斯安那州：
- 小约翰·帕金斯、亚历山大·艾蒂安·德·克卢埃、查尔斯·马吉尔·康拉德、邓肯·F·肯纳、亨利·马歇尔、爱德华·斯帕罗。
- 得克萨斯州：
- 约翰·亨普希尔、托马斯·内维尔·沃尔、约翰·H·里根、威廉姆森·辛普森·奥尔德姆、路易斯·维格福尔、约翰·格雷格、威廉·贝克·奥奇特里。
批准
国会于1861年3月11日开始批准《联盟国宪法》：
.svg){kind=small}
.svg){kind=small}
.svg){kind=small}
.svg){kind=small}
.svg){kind=small}
.svg){kind=small}
参见
参考
外部链接
Wikiwand in your browser!
Seamless Wikipedia browsing. On steroids.
Every time you click a link to Wikipedia, Wiktionary or Wikiquote in your browser's search results, it will show the modern Wikiwand interface.
Wikiwand extension is a five stars, simple, with minimum permission required to keep your browsing private, safe and transparent.
