The South Carolina Declaration of Secession, formally known as the Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union, was a proclamation issued on December 24, 1860, by the government of South Carolina to explain its reasons for seceding from the United States. [1] It followed the brief Ordinance of Secession that had been issued on December 20. [2] The declaration is a product of a convention organized by the state's government in the month following the election of Abraham Lincoln as U.S. president, where it was drafted in a committee headed by Christopher Memminger.
The declaration laid out the primary reasoning behind South Carolina's declaring of secession from the U.S., which was described as "increasing hostility on the part of the non-slaveholding States to the Institution of Slavery". [3] The declaration states, in part, "A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high office of President of the United States, whose opinions and purposes are hostile to slavery."
An official secession convention met in South Carolina following the November 1860 election of Abraham Lincoln as President of the United States, on a platform opposing the expansion of slavery into U.S. territories. [4] On December 20, 1860, the convention issued an ordinance of secession announcing the state's withdrawal from the union. [5] The ordinance was brief and legalistic in nature, containing no explanation of the reasoning behind the delegates' decision:
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 One Thousand Seven hundred and eighty eight, whereby the Constitution of the United States of America was ratified, and also all Acts and parts of Acts of the General Assembly of this State, ratifying amendment of the said Constitution, are here by repealed; and that the union now subsisting between South Carolina and other States, under the name of "The United States of America," is hereby dissolved. [6]
The convention had previously agreed to draft a separate statement that would summarize their justification and gave that task to a committee of seven members comprising Christopher G. Memminger (considered the primary author [3] ), F. H. Wardlaw, R. W. Barnwell, J. P. Richardson, B. H. Rutledge, J. E. Jenkins, and P. E. Duncan. [7] The document they produced, the Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union, was adopted by the convention on December 24. [8]
The opening portion of the declaration outlines the historical background of South Carolina and offers a legal justification for its secession. It asserts that the right of states to secede is implicit in the Constitution and this right was explicitly reaffirmed by South Carolina in 1852. The declaration states that the agreement between South Carolina and the United States is subject to the law of compact, which creates obligations on both parties and which revokes the agreement if either party fails to uphold its obligations.
The next section asserts that the government of the United States and of states within that government had failed to uphold their obligations to South Carolina. The specific issue stated was the refusal of some states to enforce the Fugitive Slave Act and clauses in the U.S. Constitution protecting slavery and the federal government's perceived role in attempting to abolish slavery.
The next section states that while these problems had existed for twenty-five years, the situation had recently become unacceptable due to the election of a President (this was Abraham Lincoln although he is not mentioned by name) who had declared his opposition to the extension of slavery to territories outside the states of the Union. In reference to the failure of the northern states to uphold the Fugitive Slave Act, South Carolina states the primary reason for its secession:
The General Government, as the common agent, passed laws to carry into effect these stipulations of the States. For many years these laws were executed. But an increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. [3]
Further on:
A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high office of President of the United States, whose opinions and purposes are hostile to slavery.
The final section concludes with a statement that South Carolina had therefore seceded from the United States of America and was thus, no longer bound by its laws and authorities.
While later claims have been made after the war's end that the South Carolinian decision to secede was prompted by other issues such as tariffs and taxes, these issues were not mentioned at all in the declaration. The primary focus of the declaration is the perceived violation of the Constitution by Northern states in not extraditing escaped slaves (as the U.S. Constitution required in Article IV, Section 2) and actively working to abolish slavery (which South Carolinian secessionists saw as Constitutionally guaranteed and protected). The main thrust of the argument was that since the U.S. Constitution, being a contract, had been violated by some parties (the Northern abolitionist states), the other parties (the Southern slave-holding states) were no longer bound by it. Georgia, Mississippi, and Texas offered similar declarations when they seceded, following South Carolina's example.
The declaration does not make a simple declaration of states' rights. It asserts that South Carolina was a sovereign state that had delegated only particular powers to the federal government by means of the U.S. Constitution. It furthermore protests other states' failure to uphold their obligations under the Constitution. The declaration emphasizes that the Constitution explicitly requires states to deliver "person(s) held in service or labor" back to their state of origin.
The declaration was the second of three documents to be officially issued by the South Carolina Secession Convention. The first was the Ordinance of Secession itself. The third was "The Address of the people of South Carolina, assembled in Convention, to the people of the Slaveholding States of the United States", written by Robert Barnwell Rhett, which called on other slave holding states to secede and join in forming a new nation. The convention resolved to print 15,000 copies of these three documents and distribute them to various parties. [9]
The declaration was seen as analogous to the U.S. Declaration of Independence from 1776, however, it omitted the phrases that "all men are created equal", "that they are endowed by their Creator with certain unalienable Rights", and "consent of the governed". Professor and historian Harry V. Jaffa noted this omission as significant in his 2000 book, A New Birth of Freedom: Abraham Lincoln and the Coming of the Civil War:
South Carolina cites, loosely, but with substantial accuracy, some of the language of the original Declaration. That Declaration does say that it is the right of the people to abolish any form of government that becomes destructive of the ends for which it was established. But South Carolina does not repeat the preceding language in the earlier document: 'We hold these truths to be self-evident, that all men are created equal'... [10]
Jaffa states that South Carolina omitted references to human equality and consent of the governed, as due to their racist and pro-slavery views, secessionist South Carolinians did not believe in those ideals:
[G]overnments are legitimate only insofar as their "just powers" are derived "from the consent of the governed." All of the foregoing is omitted from South Carolina's declaration, for obvious reasons. In no sense could it have been said that the slaves in South Carolina were governed by powers derived from their consent. Nor could it be said that South Carolina was separating itself from the government of the Union because that government had become destructive of the ends for which it was established. South Carolina in 1860 had an entirely different idea of what the ends of government ought to be from that of 1776 or 1787. That difference can be summed up in the difference between holding slavery to be an evil, if possibly a necessary evil, and holding it to be a positive good. [10]
The Confederate States of America (CSA), commonly referred to as the Confederate States (C.S.), the Confederacy, or the South, was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confederacy comprised eleven U.S. states that declared secession and warred against the United States during the American Civil War. The states are South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, Tennessee, and North Carolina.
"Slavery and States' Rights" was a speech given by former Confederate States Army general Joseph Wheeler on July 31, 1894. The speech deals with the American Civil War and is considered to be a "Lost Cause" view of the war's causation. It is generally understood to argue that the United States was to blame for the war, and downplays slavery as a cause.
Historians who address the origins of the American Civil War agree that the preservation of the institution of slavery was the principal aim of the 11 Southern states that declared their secession from the United States and united to form the Confederate States of America. However, while historians in the 21st century agree on the centrality of the conflict over slavery—it was not just "a cause" of the war but "the cause" according to Civil War historian Chris Mackowski—they disagree sharply on which aspects of this conflict were most important, and on the North’s reasons for refusing to allow the Southern states to secede. Proponents of the pseudo-historical Lost Cause ideology have denied that slavery was the principal cause of the secession, a view that has been disproven by the overwhelming historical evidence against it, notably the seceding states' own secession documents.
In the American Civil War (1861–65), the border states were slave states that did not secede from the Union. They were Delaware, Maryland, Kentucky, and Missouri, and after 1863, the new state of West Virginia. To their north they bordered free states of the Union, and all but Delaware bordered slave states of the Confederacy to their south.
In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were prohibited. Between 1812 and 1850, it was considered by the slave states to be politically imperative that the number of free states not exceed the number of slave states, so new states were admitted in slave–free pairs. There were, nonetheless, some slaves in most free states up to the 1840 census, and the Fugitive Slave Clause of the U.S. Constitution, as implemented by the Fugitive Slave Act of 1793 and the Fugitive Slave Act of 1850, provided that a slave did not become free by entering a free state and must be returned to his or her owner.
The Corwin Amendment is a proposed amendment to the United States Constitution that has never been adopted, but owing to the absence of a ratification deadline, could still be adopted by the state legislatures. It would shield slavery within the states from the federal constitutional amendment process and from abolition or interference by Congress. Although the Corwin Amendment does not explicitly use the word slavery, it was designed specifically to protect slavery from federal power. The outgoing 36th United States Congress proposed the Corwin Amendment on March 2, 1861, shortly before the outbreak of the American Civil War, with the intent of preventing that war and preserving the Union. It passed Congress but was not ratified by the requisite number of state legislatures.
Robert Barnwell Rhett was an American politician who served as a deputy from South Carolina to the Provisional Confederate States Congress from 1861 to 1862, a member of the US House of Representatives from South Carolina from 1837 to 1849, and US Senator from South Carolina from 1850 to 1852. As a staunch supporter of slavery and an early advocate of secession, he was a "Fire-Eater", nicknamed the "father of secession".
An Ordinance of Secession was the name given to multiple resolutions drafted and ratified in 1860 and 1861, at or near the beginning of the Civil War, by which each seceding Southern state or territory formally declared secession from the United States of America. South Carolina, Mississippi, Georgia, and Texas also issued separate documents purporting to justify secession.
The Peace Conference of 1861 was a meeting of 131 leading American politicians in February 1861, at the Willard Hotel in Washington, D.C., on the eve of the American Civil War. The conference's purpose was to avoid, if possible, the secession of the eight slave states from the upper and border South that had not done so as of that date. The seven states that had already seceded did not attend.
The Cornerstone Speech, also known as the Cornerstone Address, was an oration given by Alexander H. Stephens, acting Vice President of the Confederate States of America, at the Athenaeum in Savannah, Georgia, on March 21, 1861.
Alabama was central to the Civil War, with the secession convention at Montgomery, the birthplace of the Confederacy, inviting other slaveholding states to form a southern republic, during January–March 1861, and to develop new state constitutions. The 1861 Alabaman constitution granted citizenship to current U.S. residents, but prohibited import duties (tariffs) on foreign goods, limited a standing military, and as a final issue, opposed emancipation by any nation, but urged protection of African-American slaves with trials by jury, and reserved the power to regulate or prohibit the African slave trade. The secession convention invited all slaveholding states to secede, but only 7 Cotton States of the Lower South formed the Confederacy with Alabama, while the majority of slave states were in the Union. Congress had voted to protect the institution of slavery by passing the Corwin Amendment on March 4, 1861, but it was never ratified.
South Carolina was the first state to secede from the Union in December 1860, and was one of the founding member states of the Confederacy in February 1861. The bombardment of the beleaguered U.S. garrison at Fort Sumter in Charleston Harbor on April 12, 1861, is generally recognized as the first military engagement of the war. The retaking of Charleston in February 1865, and raising the flag again at Fort Sumter, was used for the Union symbol of victory.
Charleston, South Carolina, was a hotbed of secession at the start of the American Civil War and an important Atlantic Ocean port city for the fledgling Confederate States of America. The first shots against the Federal government were those fired there by cadets of the Citadel to stop a ship from resupplying the Federally held Fort Sumter. Three months later, the bombardment of Fort Sumter triggered a massive call for Federal troops to put down the rebellion. Although the city and its surrounding fortifications were repeatedly targeted by the Union Army and Navy, Charleston did not fall to Federal forces until the last months of the war. Charleston was devastated.
The Missouri Constitutional Convention of 1861–1863 was a constitutional convention held in the state of Missouri during the American Civil War. The convention was elected in early 1861, and voted against secession. When open fighting broke out between Pro-Confederate governor Claiborne Fox Jackson and Union authorities, and Union forces occupied the state capital, the convention formed a provisional state government, and functioned as a quasi-legislature for several years. The convention never did produce a new constitution; that task was delegated to a new convention, elected in 1864.
The Fugitive Slave Clause in the United States Constitution, also known as either the Slave Clause or the Fugitives From Labor Clause, is Article IV, Section 2, Clause 3, which requires a "Person held to Service or Labour" who flees to another state to be returned to his or her master in the state from which that person escaped. The enactment of the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts, has made the clause mostly irrelevant.
The presidency of James Buchanan began on March 4, 1857, when James Buchanan was inaugurated as 15th president of the United States, and ended on March 4, 1861. Buchanan, a Democrat from Pennsylvania, took office as the 15th United States president after defeating former President Millard Fillmore of the American Party, and John C. Frémont of the Republican Party in the 1856 presidential election.
Abraham Lincoln's first inaugural address was delivered on Monday, March 4, 1861, as part of his taking of the oath of office for his first term as the sixteenth president of the United States. The speech, delivered at the United States Capitol, was primarily addressed to the people of the South and was intended to succinctly state Lincoln's intended policies and desires toward that section, where seven states had seceded from the Union and formed the Confederate States of America.
In the context of the United States, secession primarily refers to the voluntary withdrawal of one or more states from the Union that constitutes the United States; but may loosely refer to leaving a state or territory to form a separate territory or new state, or to the severing of an area from a city or county within a state. Advocates for secession are called disunionists by their contemporaries in various historical documents.
The U.S. state of Louisiana declared that it had seceded from the United States on January 26, 1861. It then announced that it had joined the Confederate States (C.S.); Louisiana was the sixth slave state to declare that it had seceded from the U.S. and joined the C.S.
The Virginia Secession Convention of 1861 was called in the state capital of Richmond to determine whether Virginia would secede from the United States, govern the state during a state of emergency, and write a new Constitution for Virginia, which was subsequently voted down in a referendum under the Confederate Government.