Ordinance of Secession

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An Ordinance of Secession is the name given to multiple resolutions [1] drafted and ratified in 1860 and 1861, at or near the beginning of the American Civil War, by which each seceding Southern slave-holding state or territory formally declared secession from the United States. South Carolina, Mississippi, Georgia, and Texas also issued separate documents purporting to justify secession.

Contents

Adherents of the Union side in the Civil War regarded secession as illegal by any means and President Abraham Lincoln, drawing in part on the legacy of President Andrew Jackson, regarded it as his job to preserve the Union by force if necessary. However, President James Buchanan, in his State of the Union Address of December 3, 1860, stated that the Union rested only upon public opinion and that conciliation was its only legitimate means of preservation; President Thomas Jefferson had also suggested, after his presidency but in official correspondence in 1816, that the secession of some states might be desirable.

Beginning with South Carolina in December 1860, eleven Southern states and one territory [2] each ratified an ordinance of secession and effected de facto secession by some regular or purportedly lawful means, including by state legislative action, special convention, or popular referendum, as sustained by state public opinion and mobilized military force. Both sides in the Civil War regarded these eleven states and territory as de facto seceded.

Two other Southern states, Missouri and Kentucky, attempted secession ineffectively or only by irregular means. These two states remained within the Union, but were regarded by the Confederacy as having seceded. Two remaining Southern states, Delaware and Maryland, rejected secession and were not regarded by either side as having seceded. No other state considered secession. In 1863 a Unionist government in western Virginia created a new state from 50 western counties which entered the Union as West Virginia. The new state included 24 counties that had ratified Virginia's secession ordinance. [3]

Timeline

Results by county
Yes
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90-100% North Carolina Secession Referendum, 1861.svg
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90-100% Tennessee Secession Convention Referendum Feb 1861.svg
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Yes
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90-100% Tennessee Secession Referendum June 1861.svg
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Yes
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No
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In the following table, states in italics either chose not to secede or could not effectively do so.

StateRejectedApprovedReferendumVote
South Carolina December 20, 1860 [4]
Delaware [a] January 3, 1861 [5]
Mississippi January 9, 1861 [6]
Florida January 10, 1861 [7]
Alabama January 11, 1861 [8]
Georgia January 19, 1861 [9]
Louisiana January 26, 1861 [10]
Texas February 1, 1861 [11] February 23, 186146,153–14,747
Confederate States of America provisionally constituted February 8, 1861 [b]
Tennessee [c] February 9, 1861 [d] February 9, 186159,499–68,262
Arizona Territory March 16, 1861
Virginia April 4, 1861April 17, 1861 [12] May 23, 1861132,201–37,451
Maryland [a] April 29, 1861
Arkansas May 6, 1861 [13]
Tennessee [e] May 6, 1861 [14] [f] June 8, 1861104,471–47,183
North Carolina May 20, 1861 [15]
Missouri [g] October 31, 1861 [16]
Kentucky [g] November 20, 1861 [17]

The first seven seceding states, all of the Deep South, were motivated mainly by the 1860 election of President Lincoln, who had very little support among Southern voters, and the direct threat to slavery his election posed. The next four seceding states, further north, also were motivated by the same two factors, but another factor was the Federal policy of using military force to preserve the Union.[ citation needed ]

In Missouri and Kentucky, attempted secession was belated, severely disrupted, lacked sufficient popular support, and failed. In Missouri, the state government called a convention whose members disfavored secession. Union military intervention quickly restored Union control, first in St. Louis, then throughout nearly the whole state. The ineffective Missouri ordinance of secession was eventually passed only by a rump convention in Neosho. In Kentucky, whose potential secession Unionists particularly feared, [18] both the legislature and public opinion firmly opposed secession. Only an even less influential rump convention purported to secede. When Confederate armies invaded Kentucky in 1862, bringing extra arms to equip new volunteers, briefly seizing the state capital, and installing an ephemeral state government, local recruitment proved weak and Union forces soon decisively defeated the invasion. Despite Missouri and Kentucky remaining within the Union, thousands from both states embraced secession by choosing to fight for the Confederacy.

Elsewhere, the Delaware legislature quickly and firmly rejected secession, despite lobbying from states intending to secede. President Lincoln's suspension of habeas corpus and overwhelming Union military intervention, aimed at protecting Washington, blocked the Maryland legislature or any other group in Maryland from considering secession. This occurred after the legislature overwhelmingly rejected calling a secession convention but retained some notion of limiting cooperation with the Union and military coercion. Geographic exposure to conflict between larger neighboring states also deterred secession in Delaware and Maryland. As in Missouri and Kentucky, thousands from Delaware and Maryland also fought for the Confederacy. The unorganized Indian Territory did not declare secession and was not unanimous in its orientation, but generally supported the Confederacy. No other state or territory contemplated secession, and the Confederacy did not claim Delaware or Maryland as member states. [19]

Bitter, violent controversy remained even in states where a popular majority clearly favored secession. A geographic correlation existed between local prevalence of slavery [20] and support for secession. Beyond Virginia, effective secession in most of a state could critically destabilize or virtually eliminate state government control over a region where people strongly rejected secession and favored the Union, such as East Tennessee and other areas. Thousands from seceding states, including slaves where the opportunity arose, also chose to fight for the Union.

Georgia

Ordinance of Secession (Georgia)
Ordinance of Secession Milledgeville, Georgia 1861.png
Copy of the 1861 Ordinance of Secession signed by 293 delegates to the Georgia Secession Convention at the state house in Milledgeville, January 21, 1861
Createdc.January 20, 1861
Ratified
  • January 19, 1861 (208 yeas, 89 nays)
  • Signed January 21
Date effective January 22, 1861
Location Engrossed copy: University of Georgia Libraries, Hargrett Library
Author(s)
Signatories293 delegates to The Georgia Secession Convention of 1861
PurposeFormally announcing Georgia's intent to secede from the Union.

Georgia formally seceded on January 22, 1861, after a vote of 208–89 by delegates to the Georgia Secession Convention in Milledgeville.

Tennessee

In Tennessee, [21] [ better source needed ] Governor Isham G. Harris pushed for a referendum on a sovereignty convention that could have led to secession. However, on February 9th 1861, voters rejected this proposal. After President Lincoln called for troops following the Attack on Fort Sumter, the secession debate reignited. Convinced Tennesseans now favored joining the Confederacy, Governor Harris pushed for another vote. On June 6, 1861, voters approved secession. [22] Although Tennessee eventually seceded, East Tennessee remained a Unionist stronghold throughout the Civil War. [23] Nonetheless, after the war ended in 1865, Tennessee in 1866 became the first former Confederate state to rejoin the Union. [24] This began the Reconstruction era and launched a long, ongoing struggle to build a society where people of all races could fully enjoy their rights as citizens.

Kentucky

Kentucky's state government never approved an act of secession. Kentucky [25] [ better source needed ] was caught between joining the neighboring slave states and staying loyal to the Union. A month after the battle of Fort Sumter in April 1861, Governor Beriah Magoffin issued a proclamation declaring neutrality and urged Kentuckians to stay out of the conflict. While Magoffin didn't think slavery was a "moral, social, or political evil", he opposed secession for two reasons. First, he believed the country's divisions could be resolved through dialogue. Second, he feared Kentucky would be invaded if it joined the Confederacy. [26]

When General Leonidas Polk and the Confederacy tried to force Kentucky to join the Confederate States, their attempt failed, which pushed the state's legislature to choose a side. After this failed attack, Kentucky's government asked the Union Army for help. By early 1862, most of Kentucky was under Union control. Although Kentucky stayed mostly under Union control after early 1862, despite declaring neutrality, there was a clear social divide over which side the people of Kentucky supported. With 125,000 supporting the Union and 35,000 supporting the Confederate army. [27]

Bust of Kentucky Governor Beriah Magoffin at his gravesite Beriah Magoffin grave statue.jpg
Bust of Kentucky Governor Beriah Magoffin at his gravesite

See also

Notes

  1. 1 2 Did not secede
  2. Excluding Texas, which joined between March 1 and 5, 1861.
  3. First referendum
  4. On January 19 the Tennessee legislature, in a special session beginning January 7, required a potential secession convention to be put to referendum on February 9. Voters rejected the convention, and by extension any secession. Had it convened, it would have been overwhelmingly pro-Union. Thousands of pro-Union Tennesseans voted for the convention aiming for it to fail.
  5. Second referendum
  6. Public opinion had shifted dramatically, most notably in Middle Tennessee.
  7. 1 2 Ineffective

References

  1. Mintz, S.; McNeil, S. "Secession Ordinances of 13 Confederate States". Digital History. University of Houston. Retrieved September 21, 2020.
  2. "Confederate Arizona had a population of less than 13,000 as tabulated by Census of 1860" . Retrieved November 13, 2019.
  3. Curry, Richard Orr (1964). A House Divided, A Study of Statehood Politics and the Copperhead Movement in West Virginia. Univ. of Pittsburgh Press. p. 49
  4. "'An Ordinance to dissolve the Union between the State of South Carolina and other states', or the South Carolina Ordinance of Secession, South Carolina, 1860". TeachingUSHistory.org. Archived from the original on March 8, 2017. Retrieved April 11, 2017.
  5. Sharp, Andrew. "This date in Delaware history: State rejects secession, sticks to the Union in Civil War". delawareonline. Retrieved November 13, 2019.
  6. "Mississippi". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  7. "Florida". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  8. "Alabama". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  9. "Georgia". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  10. "Louisiana". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  11. "Texas". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  12. "Virginia". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  13. "Arkansas". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  14. "Tennessee". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  15. "North Carolina". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  16. "Missouri". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  17. "Kentucky". 1starnet.com. Archived from the original on October 12, 2007. Retrieved April 11, 2017.
  18. "Lincoln of Kentucky". The University Press of Kentucky. Retrieved July 27, 2021.
  19. "States of the Pseudo-Confederacy". American Battlefield Trust. December 2, 2010. Retrieved July 27, 2021.
  20. "Map showing the distribution of the slave population of the southern states of the United States. Compiled from the census of 1860". Library of Congress. Retrieved July 27, 2021.
  21. "Tennessee in the American Civil War", Wikipedia, December 20, 2024, retrieved April 3, 2025
  22. Dollar, Kent; Whiteaker, Larry, eds. (2015). Border Wars: The Civil War in Tennessee and Kentucky. The Kent State University Press. doi:10.1353/book41824. ISBN   978-1-63101-130-6.
  23. jlbworks (March 29, 2017). "Civil War Tennessee – Tennessee Politics". Tennessee Historical Society. Retrieved April 3, 2025.
  24. "Tennessee Admitted to the Union | EBSCO Research Starters". www.ebsco.com. Retrieved June 18, 2025.
  25. "Kentucky in the American Civil War", Wikipedia, February 21, 2025, retrieved April 1, 2025
  26. "A House Divided: Civil War Kentucky". American Battlefield Trust. Retrieved April 1, 2025.
  27. Barthelmes, Michael (2025). Wilson's Creek National Battlefield: Geologic resources inventory report (Report). National Park Service. doi:10.36967/2307661.