Bracketed [] comments, bolding and underlining have been added to make finding or understanding specific points easier...
South Carolina
South Carolina
Declaration of the Immediate Causes Which Induce and Justify the
Secession of South Carolina from the Federal Union
The people of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights of the States, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other slaveholding States, she forbore at that time to exercise this right.
Since that time, these encroachments have continued to increase, and further forbearance ceases to be a virtue.
The people of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights of the States, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other slaveholding States, she forbore at that time to exercise this right.
Since that time, these encroachments have continued to increase, and further forbearance ceases to be a virtue.
And now the State of South Carolina having resumed her separate and equal place among nations, deems it due to herself, to the remaining United States of America, and to the nations of the world, that she should declare the immediate causes which have led to this act.
[South Carolina's view of the Constitutional history of slavery and its right to secede...]
In the year 1765, that portion of the British Empire embracing Great Britain,
undertook to make laws for the government of that portion composed of the
thirteen American Colonies. A struggle for the right of self-government ensued,
which resulted, on the 4th of July, 1776, in a Declaration, by the Colonies,
"that they are, and of right ought to be, FREE AND INDEPENDENT STATES; and
that, as free and independent States, they have full power to levy war,
conclude peace, contract alliances, establish commerce, and to do all other
acts and things which independent States may of right do."
They further solemnly declared that
whenever any "form of government becomes destructive of the ends for which
it was established, it is the right of the people to alter or abolish it, and
to institute a new government." Deeming the Government of Great Britain to
have become destructive of these ends, they declared that the Colonies
"are absolved from all allegiance to the British Crown, and that all
political connection between them and the State of Great Britain is, and ought
to be, totally dissolved."
In pursuance of this Declaration of
Independence, each of the thirteen States proceeded to exercise its separate
sovereignty; adopted for itself a Constitution, and appointed officers for the
administration of government in all its departments-- Legislative, Executive
and Judicial. For purposes of defense, they united their arms and their
counsels; and, in 1778, they entered into a League known as the Articles of
Confederation, whereby they agreed to entrust the administration of their
external relations to a common agent, known as the Congress of the United
States, expressly declaring, in the first Article "that each State retains
its sovereignty, freedom and independence, and every power, jurisdiction and right
which is not, by this Confederation, expressly delegated to the United States
in Congress assembled."
Under this Confederation the war of
the Revolution was carried on, and on the 3rd of September, 1783, the contest
ended, and a definite Treaty was signed by Great Britain, in which she
acknowledged the independence of the Colonies in the following terms:
"ARTICLE 1-- His Britannic Majesty acknowledges the said United States,
viz: New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina and Georgia, to be FREE, SOVEREIGN AND
INDEPENDENT STATES; that he treats with them as such; and for himself, his
heirs and successors, relinquishes all claims to the government, propriety and
territorial rights of the same and every part thereof."
Thus were established the two great
principles asserted by the Colonies, namely: the right of a State to govern
itself; and the right of a people to abolish a Government when it becomes
destructive of the ends for which it was instituted. And concurrent with the
establishment of these principles, was the fact, that each Colony became and
was recognized by the mother Country a FREE, SOVEREIGN AND INDEPENDENT STATE.
In 1787, Deputies were appointed by
the States to revise the Articles of Confederation, and on 17th September,
1787, these Deputies recommended for the adoption of the States, the Articles
of Union, known as the Constitution of the United States.
The parties to whom this
Constitution was submitted, were the several sovereign States; they were to
agree or disagree, and when nine of them agreed the compact was to take effect
among those concurring; and the General Government, as the common agent, was
then invested with their authority.
If only nine of the thirteen States
had concurred, the other four would have remained as they then were-- separate,
sovereign States, independent of any of the provisions of the Constitution. In
fact, two of the States did not accede to the Constitution until long after it
had gone into operation among the other eleven; and during that interval, they
each exercised the functions of an independent nation.
By this Constitution, certain duties
were imposed upon the several States, and the exercise of certain of their
powers was restrained, which necessarily implied their continued existence as
sovereign States. But to remove all doubt, an amendment was added, which
declared that the powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States,
respectively, or to the people. On the 23d May, 1788, South Carolina, by a
Convention of her People, passed an Ordinance assenting to this Constitution,
and afterwards altered her own Constitution, to conform herself to the
obligations she had undertaken.
Thus was established, by compact
between the States, a Government with definite objects and powers, limited to
the express words of the grant. This limitation left the whole remaining mass
of power subject to the clause reserving it to the States or to the people, and
rendered unnecessary any specification of reserved rights.
We hold that the Government thus
established is subject to the two great principles asserted in the Declaration
of Independence; and we hold further, that the mode of its formation subjects
it to a third fundamental principle, namely: the law of compact. We maintain
that in every compact between two or more parties, the obligation is mutual;
that the failure of one of the contracting parties to perform a material part
of the agreement, entirely releases the obligation of the other; and that where
no arbiter is provided, each party is remitted to his own judgment to determine
the fact of failure, with all its consequences.
[Northern state issues with the Fugitive Slave Act...]
In the present case, that fact is
established with certainty. We assert that fourteen of the States have
deliberately refused, for years past, to fulfill their constitutional
obligations, and we refer to their own Statutes for the proof.
The Constitution of the United
States, in its fourth Article, provides as follows: "No person held to
service or labor in one State, under the laws thereof, escaping into another,
shall, in consequence of any law or regulation therein, be discharged from such
service or labor, but shall be delivered up, on claim of the party to whom such
service or labor may be due."
This stipulation was so material to
the compact, that without it that compact would not have been made. The greater
number of the contracting parties held slaves, and they had previously evinced
their estimate of the value of such a stipulation by making it a condition in
the Ordinance for the government of the territory ceded by Virginia, which now
composes the States north of the Ohio River.
The same article of the Constitution
stipulates also for rendition by the several States of fugitives from justice
from the other States.
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. The States of Maine, New
Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York,
Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted
laws which either nullify the Acts of Congress or render useless any attempt to
execute them. In many of these States the fugitive is discharged from service
or labor claimed, and in none of them has the State Government complied with
the stipulation made in the Constitution. The State of New Jersey, at an early
day, passed a law in conformity with her constitutional obligation; but the
current of anti-slavery feeling has led her more recently to enact laws which
render inoperative the remedies provided by her own law and by the laws of
Congress. In the State of New York even the right of transit for a slave has
been denied by her tribunals; and the States of Ohio and Iowa have refused to
surrender to justice fugitives charged with murder, and with inciting servile
insurrection in the State of Virginia. Thus the constituted compact has been
deliberately broken and disregarded by the non-slaveholding States, and the
consequence follows that South Carolina is released from her obligation.
The ends for which the Constitution
was framed are declared by itself to be "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."
These ends it endeavored to
accomplish by a Federal Government, in which each State was recognized as an
equal, and had separate control over its own institutions. The right of
property in slaves was recognized by giving to free persons distinct political
rights, by giving them the right to represent, and burthening them with direct
taxes for three-fifths of their slaves; by authorizing the importation of
slaves for twenty years; and by stipulating for the rendition of fugitives from
labor.
We affirm that these ends for which
this Government was instituted have been defeated, and the Government itself
has been made destructive of them by the action of the non-slaveholding States.
Those States have assume the right of deciding upon the propriety of our
domestic institutions; and have denied the rights of property established in
fifteen of the States and recognized by the Constitution; they have denounced
as sinful the institution of slavery; they have permitted open establishment
among them of societies, whose avowed object is to disturb the peace and to
eloign the property of the citizens of other States. They have encouraged and
assisted thousands of our slaves to leave their homes; and those who remain,
have been incited by emissaries, books and pictures to servile insurrection.
[The election of Lincoln and the issue of westward expansion....]
For twenty-five years this agitation
has been steadily increasing, until it has now secured to its aid the power of
the common Government. Observing the *forms* [emphasis in the original] of the
Constitution, a sectional party has found within that Article establishing the
Executive Department, the means of subverting the Constitution itself. 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. He is
to be entrusted with the administration of the common Government, because he
has declared that that "Government cannot endure permanently half slave,
half free," and that the public mind must rest in the belief that slavery
is in the course of ultimate extinction.
This sectional combination for the
submersion of the Constitution, has been aided in some of the States by
elevating to citizenship, persons who, by the supreme law of the land, are
incapable of becoming citizens; and their votes have been used to inaugurate a
new policy, hostile to the South, and destructive of its beliefs and safety.
On the 4th day of March next, this
party (the Republican Party) will take possession of the Government. It has announced that the South
shall be excluded from the common territory, that the judicial tribunals shall
be made sectional, and that a war must be waged against slavery until it shall
cease throughout the United States.
The guaranties of the Constitution
will then no longer exist; the equal rights of the States will be lost. The
slaveholding States will no longer have the power of self-government, or
self-protection, and the Federal Government will have become their enemy.
Sectional interest and animosity
will deepen the irritation, and all hope of remedy is rendered vain, by the
fact that public opinion at the North has invested a great political error with
the sanction of more erroneous religious belief.
We, therefore, the People of South
Carolina, by our delegates in Convention assembled, appealing to the Supreme
Judge of the world for the rectitude of our intentions, have solemnly declared
that the Union heretofore existing between this State and the other States of
North America, is dissolved, and that the State of South Carolina has resumed
her position among the nations of the world, as a separate and independent
State; with full power to levy war, conclude peace, contract alliances,
establish commerce, and to do all other acts and things which independent
States may of right do.
Adopted December 24, 1860
Mississippi
A Declaration of the Immediate
Causes which Induce and Justify the Secession of the State of Mississippi from
the Federal Union.
In the momentous step which our State has taken of dissolving its connection with the government of which we so long formed a part, it is but just that we should declare the prominent reasons which have induced our course.
In the momentous step which our State has taken of dissolving its connection with the government of which we so long formed a part, it is but just that we should declare the prominent reasons which have induced our course.
Our position is thoroughly
identified with the institution of slavery-- the greatest material interest of
the world. Its labor supplies the product which constitutes by far the largest
and most important portions of commerce of the earth. These products are
peculiar to the climate verging on the tropical regions, and by an imperious
law of nature, none but the black race can bear exposure to the tropical sun.
These products have become necessities of the world, and a blow at slavery is a
blow at commerce and civilization. That blow has been long aimed at the
institution, and was at the point of reaching its consummation. There was no
choice left us but submission to the mandates of abolition, or a dissolution of
the Union, whose principles had been subverted to work out our ruin. That we do
not overstate the dangers to our institution, a reference to a few facts will
sufficiently prove.
[the issue of slavery in the western territories...]
The hostility to this institution
commenced before the adoption of the Constitution, and was manifested in the
well-known Ordinance of 1787, in regard to the Northwestern Territory.
The feeling increased, until, in
1819-20, it deprived the South of more than half the vast territory acquired
from France.
The same hostility dismembered Texas
and seized upon all the territory acquired from Mexico. It has grown until it denies the
right of property in slaves, and refuses protection to that right on the high
seas, in the Territories, and wherever the government of the United States had
jurisdiction.
It refuses the admission of new
slave States into the Union, and seeks to extinguish it by confining it within
its present limits, denying the power of expansion.
It tramples the original equality of
the South under foot.
It has nullified the Fugitive Slave
Law in almost every free State in the Union, and has utterly broken the compact
which our fathers pledged their faith to maintain.
It advocates negro equality,
socially and politically, and promotes insurrection and incendiarism in our
midst.
It has enlisted its press, its
pulpit and its schools against us, until the whole popular mind of the North is
excited and inflamed with prejudice.
It has made combinations and formed
associations to carry out its schemes of emancipation in the States and
wherever else slavery exists.
It seeks not to elevate or to
support the slave, but to destroy his present condition without providing a
better.
It has invaded a State [John Brown's Harpers Ferry Raid] and invested
with the honors of martyrdom the wretch whose purpose was to apply flames to
our dwellings, and the weapons of destruction to our lives.
It has broken every compact into
which it has entered for our security.
It has given indubitable evidence of
its design to ruin our agriculture, to prostrate our industrial pursuits and to
destroy our social system.
It knows no relenting or hesitation
in its purposes; it stops not in its march of aggression, and leaves us no room
to hope for cessation or for pause.
It has recently obtained control of
the Government, by the prosecution of its unhallowed schemes, and destroyed the
last expectation of living together in friendship and brotherhood.
Utter subjugation awaits us in the
Union, if we should consent longer to remain in it. It is not a matter of
choice, but of necessity. We must either submit to degradation, and to the loss
of property worth four billions of money, or we must secede from the Union
framed by our fathers, to secure this as well as every other species of
property. For far less cause than this, our fathers separated from the Crown of
England.
Our decision is made. We follow their footsteps. We embrace the alternative of separation; and for the reasons here stated, we resolve to maintain our rights with the full consciousness of the justice of our course, and the undoubting belief of our ability to maintain it.
The people of Georgia having
dissolved their political connection with the Government of the United States
of America, present to their confederates and the world the causes which have
led to the separation. For the last ten years we have had numerous and serious
causes of complaint against our non-slave-holding confederate States with
reference to the subject of African slavery. They have endeavored to weaken our
security, to disturb our domestic peace and tranquility, and persistently
refused to comply with their express constitutional obligations to us in
reference to that property, and by the use of their power in the Federal
Government have striven to deprive us of an equal enjoyment of the common
Territories of the Republic. This hostile policy of our confederates has been
pursued with every circumstance of aggravation which could arouse the passions
and excite the hatred of our people, and has placed the two sections of the
Union for many years past in the condition of virtual civil war. Our people,
still attached to the Union from habit and national traditions, and averse to
change, hoped that time, reason, and argument would bring, if not redress, at
least exemption from further insults, injuries, and dangers. Recent events have
fully dissipated all such hopes and demonstrated the necessity of separation.
Our Northern confederates, after a
full and calm hearing of all the facts, after a fair warning of our purpose not
to submit to the rule of the authors of all these wrongs and injuries, have by
a large majority committed the Government of the United States into their
hands. The people of Georgia, after an equally full and fair and deliberate
hearing of the case, have declared with equal firmness that they shall not rule
over them. A brief history of the rise, progress, and policy of anti-slavery and
the political organization into whose hands the administration of the Federal
Government has been committed will fully justify the pronounced verdict of the
people of Georgia. The party of Lincoln, called the Republican party, under its
present name and organization, is of recent origin. It is admitted to be an
anti-slavery party. While it attracts to itself by its creed the scattered
advocates of exploded political heresies, of condemned theories in political
economy, the advocates of commercial restrictions, of protection, of special
privileges, of waste and corruption in the administration of Government,
anti-slavery is its mission and its purpose. By anti-slavery it is made a power
in the state. The question of slavery was the great difficulty in the way of
the formation of the Constitution.
While the subordination and the
political and social inequality of the African race was fully conceded by all,
it was plainly apparent that slavery would soon disappear from what are now the
non-slave-holding States of the original thirteen. The opposition to slavery
was then, as now, general in those States and the Constitution was made with
direct reference to that fact. But a distinct abolition party was not formed in
the United States for more than half a century after the Government went into
operation. The main reason was that the North, even if united, could not
control both branches of the Legislature during any portion of that time.
Therefore such an organization must have resulted either in utter failure or in
the total overthrow of the Government. [north-south economic issues...] The material prosperity of the North was
greatly dependent on the Federal Government; that of the South not at all. In
the first years of the Republic the navigating, commercial, and manufacturing
interests of the North began to seek profit and aggrandizement at the expense
of the agricultural interests. Even the owners of fishing smacks sought and
obtained bounties for pursuing their own business (which yet continue), and
$500,000 is now paid them annually out of the Treasury. The navigating
interests begged for protection against foreign shipbuilders and against
competition in the coasting trade.
Congress granted both requests, and
by prohibitory acts gave an absolute monopoly of this business to each of their
interests, which they enjoy without diminution to this day. Not content with
these great and unjust advantages, they have sought to throw the legitimate
burden of their business as much as possible upon the public; they have
succeeded in throwing the cost of light-houses, buoys, and the maintenance of
their seamen upon the Treasury, and the Government now pays above $2,000,000
annually for the support of these objects. Theses interests, in connection with
the commercial and manufacturing classes, have also succeeded, by means of
subventions to mail steamers and the reduction in postage, in relieving their
business from the payment of about $7,000,000 annually, throwing it upon the
public Treasury under the name of postal deficiency.
The manufacturing interests entered
into the same struggle early, and has clamored steadily for Government bounties
and special favors. This interest was confined mainly to the Eastern and Middle
non-slave-holding States. Wielding these great States it held great power and
influence, and its demands were in full proportion to its power. The
manufacturers and miners wisely based their demands upon special facts and
reasons rather than upon general principles, and thereby mollified much of the
opposition of the opposing interest. They pleaded in their favor the infancy of
their business in this country, the scarcity of labor and capital, the hostile
legislation of other countries toward them, the great necessity of their
fabrics in the time of war, and the necessity of high duties to pay the debt
incurred in our war for independence. These reasons prevailed, and they
received for many years enormous bounties by the general acquiescence of the
whole country.
But when these reasons ceased they
were no less clamorous for Government protection, but their clamors were less
heeded-- the country had put the principle of protection upon trial and
condemned it. After having enjoyed protection to the extent of from 15 to 200
per cent upon their entire business for above thirty years, the act of 1846 was
passed. It avoided sudden change, but the principle was settled, and free
trade, low duties, and economy in public expenditures was the verdict of the
American people. The South and the Northwestern States sustained this policy.
There was but small hope of its reversal; upon the direct issue, none at all.
[formation of the anti-slavery Republican Party...]
All these classes saw this and felt
it and cast about for new allies. The anti-slavery sentiment of the North
offered the best chance for success. An anti-slavery party must necessarily
look to the North alone for support, but a united North was now strong enough
to control the Government in all of its departments, and a sectional party was
therefore determined upon. Time and issues upon slavery were necessary to its
completion and final triumph. The feeling of anti-slavery, which it was well
known was very general among the people of the North, had been long dormant or
passive; it needed only a question to arouse it into aggressive activity. This
question was before us. We had acquired a large territory by successful war
with Mexico; Congress had to govern it; how, in relation to slavery, was the
question then demanding solution. This state of facts gave form and shape to
the anti-slavery sentiment throughout the North and the conflict began.
Northern anti-slavery men of all parties asserted the right to exclude slavery
from the territory by Congressional legislation and demanded the prompt and
efficient exercise of this power to that end. This insulting and
unconstitutional demand was met with great moderation and firmness by the
South. We had shed our blood and paid our money for its acquisition; we
demanded a division of it on the line of the Missouri restriction or an equal
participation in the whole of it. These propositions were refused, the agitation
became general, and the public danger was great. The case of the South was
impregnable. The price of the acquisition was the blood and treasure of both
sections-- of all, and, therefore, it belonged to all upon the principles of
equity and justice.
[the legal history of slavery...]
The Constitution delegated no power
to Congress to excluded either party from its free enjoyment; therefore our
right was good under the Constitution. Our rights were further fortified by the
practice of the Government from the beginning. Slavery was forbidden in the
country northwest of the Ohio River by what is called the ordinance of 1787.
That ordinance was adopted under the old confederation and by the assent of
Virginia, who owned and ceded the country, and therefore this case must stand
on its own special circumstances. The Government of the United States claimed
territory by virtue of the treaty of 1783 with Great Britain, acquired
territory by cession from Georgia and North Carolina, by treaty from France,
and by treaty from Spain. These acquisitions largely exceeded the original
limits of the Republic. In all of these acquisitions the policy of the
Government was uniform. It opened them to the settlement of all the citizens of
all the States of the Union. They emigrated thither with their property of every
kind (including slaves). All were equally protected by public authority in
their persons and property until the inhabitants became sufficiently numerous
and otherwise capable of bearing the burdens and performing the duties of
self-government, when they were admitted into the Union upon equal terms with
the other States, with whatever republican constitution they might adopt for
themselves.
Under this equally just and
beneficent policy law and order, stability and progress, peace and prosperity
marked every step of the progress of these new communities until they entered
as great and prosperous commonwealths into the sisterhood of American States.
In 1820 the North endeavored to overturn this wise and successful policy and
demanded that the State of Missouri should not be admitted into the Union
unless she first prohibited slavery within her limits by her constitution.
After a bitter and protracted struggle the North was defeated in her special
object, but her policy and position led to the adoption of a section in the law
for the admission of Missouri, prohibiting slavery in all that portion of the
territory acquired from France lying North of 36 [degrees] 30 [minutes] north
latitude and outside of Missouri. The venerable Madison at the time of its adoption
declared it unconstitutional. Mr. Jefferson condemned the restriction and
foresaw its consequences and predicted that it would result in the dissolution
of the Union. His prediction is now history. The North demanded the application
of the principle of prohibition of slavery to all of the territory acquired
from Mexico and all other parts of the public domain then and in all future
time. It was the announcement of her purpose to appropriate to herself all the
public domain then owned and thereafter to be acquired by the United States.
The claim itself was less arrogant and insulting than the reason with which she
supported it. That reason was her fixed purpose to limit, restrain, and finally
abolish slavery in the States where it exists. The South with great unanimity
declared her purpose to resist the principle of prohibition to the last
extremity. This particular question, in connection with a series of questions
affecting the same subject, was finally disposed of by the defeat of
prohibitory legislation.
The Presidential election of 1852
resulted in the total overthrow of the advocates of restriction and their party
friends. Immediately after this result the anti-slavery portion of the defeated
party resolved to unite all the elements in the North opposed to slavery an to
stake their future political fortunes upon their hostility to slavery
everywhere. This is the party two whom the people of the North have committed
the Government. They raised their standard in 1856 and were barely defeated.
They entered the Presidential contest again in 1860 and succeeded.
The prohibition of slavery in the Territories, hostility to it everywhere, the equality of the black and white races, disregard of all constitutional guarantees in its favor, were boldly proclaimed by its leaders and applauded by its followers.
With these principles on their
banners and these utterances on their lips the majority of the people of the
North demand that we shall receive them as our rulers.
The prohibition of slavery in the
Territories is the cardinal principle of this organization.
For forty years this question has been considered and debated in the halls of Congress, before the people, by the press, and before the tribunals of justice. The majority of the people of the North in 1860 decided it in their own favor. We refuse to submit to that judgment, and in vindication of our refusal we offer the Constitution of our country and point to the total absence of any express power to exclude us. We offer the practice of our Government for the first thirty years of its existence in complete refutation of the position that any such power is either necessary or proper to the execution of any other power in relation to the Territories. We offer the judgment of a large minority of the people of the North, amounting to more than one-third, who united with the unanimous voice of the South against this usurpation; and, finally, we offer the judgment of the Supreme Court of the United States, the highest judicial tribunal of our country, in our favor. This evidence ought to be conclusive that we have never surrendered this right. The conduct of our adversaries admonishes us that if we had surrendered it, it is time to resume it.
For forty years this question has been considered and debated in the halls of Congress, before the people, by the press, and before the tribunals of justice. The majority of the people of the North in 1860 decided it in their own favor. We refuse to submit to that judgment, and in vindication of our refusal we offer the Constitution of our country and point to the total absence of any express power to exclude us. We offer the practice of our Government for the first thirty years of its existence in complete refutation of the position that any such power is either necessary or proper to the execution of any other power in relation to the Territories. We offer the judgment of a large minority of the people of the North, amounting to more than one-third, who united with the unanimous voice of the South against this usurpation; and, finally, we offer the judgment of the Supreme Court of the United States, the highest judicial tribunal of our country, in our favor. This evidence ought to be conclusive that we have never surrendered this right. The conduct of our adversaries admonishes us that if we had surrendered it, it is time to resume it.
The faithless conduct of our
adversaries is not confined to such acts as might aggrandize themselves or
their section of the Union. They are content if they can only injure us. The
Constitution declares that persons charged with crimes in one State and fleeing
to another shall be delivered up on the demand of the executive authority of
the State from which they may flee, to be tried in the jurisdiction where the
crime was committed. It would appear difficult to employ language freer from
ambiguity, yet for above twenty years the non-slave-holding States generally
have wholly refused to deliver up to us persons charged with crimes affecting
slave property. Our confederates, with punic faith, shield and give sanctuary
to all criminals who seek to deprive us of this property or who use it to
destroy us. This clause of the Constitution has no other sanction than their
good faith; that is withheld from us; we are remediless in the Union; out of it
we are remitted to the laws of nations.
A similar provision of the
Constitution requires them to surrender fugitives from labor. This provision
and the one last referred to were our main inducements for confederating with
the Northern States. Without them it is historically true that we would have
rejected the Constitution. In the fourth year of the Republic Congress passed a
law to give full vigor and efficiency to this important provision. This act
depended to a considerable degree upon the local magistrates in the several
States for its efficiency. The non-slave-holding States generally repealed all
laws intended to aid the execution of that act, and imposed penalties upon
those citizens whose loyalty to the Constitution and their oaths might induce
them to discharge their duty. Congress then passed the act of 1850, providing
for the complete execution of this duty by Federal officers. This law, which
their own bad faith rendered absolutely indispensible for the protection of
constitutional rights, was instantly met with ferocious revilings and all
conceivable modes of hostility.
The Supreme Court unanimously, and
their own local courts with equal unanimity (with the single and temporary
exception of the supreme court of Wisconsin), sustained its constitutionality
in all of its provisions. Yet it stands to-day a dead letter for all
practicable purposes in every non-slave-holding State in the Union. We have
their convenants, we have their oaths to keep and observe it, but the
unfortunate claimant, even accompanied by a Federal officer with the mandate of
the highest judicial authority in his hands, is everywhere met with fraud, with
force, and with legislative enactments to elude, to resist, and defeat him.
Claimants are murdered with impunity; officers of the law are beaten by frantic
mobs instigated by inflammatory appeals from persons holding the highest public
employment in these States, and supported by legislation in conflict with the
clearest provisions of the Constitution, and even the ordinary principles of
humanity. In several of our confederate States a citizen cannot travel the
highway with his servant who may voluntarily accompany him, without being
declared by law a felon and being subjected to infamous punishments. It is
difficult to perceive how we could suffer more by the hostility than by the
fraternity of such brethren.
The public law of civilized nations
requires every State to restrain its citizens or subjects from committing acts
injurious to the peace and security of any other State and from attempting to
excite insurrection, or to lessen the security, or to disturb the tranquillity
of their neighbors, and our Constitution wisely gives Congress the power to
punish all offenses against the laws of nations.
These are sound and just principles
which have received the approbation of just men in all countries and all
centuries; but they are wholly disregarded by the people of the Northern
States, and the Federal Government is impotent to maintain them. For twenty
years past the abolitionists and their allies in the Northern States have been
engaged in constant efforts to subvert our institutions and to excite
insurrection and servile war among us. They have sent emissaries among us for
the accomplishment of these purposes. Some of these efforts have received the
public sanction of a majority of the leading men of the Republican party in the
national councils, the same men who are now proposed as our rulers. These
efforts have in one instance led to the actual invasion of one of the
slave-holding States, and those of the murderers and incendiaries who escaped
public justice by flight have found fraternal protection among our Northern
confederates.
These are the same men who say the
Union shall be preserved.
Such are the opinions and such are
the practices of the Republican party, who have been called by their own votes
to administer the Federal Government under the Constitution of the United
States. We know their treachery; we know the shallow pretenses under which they
daily disregard its plainest obligations. If we submit to them it will be our
fault and not theirs. The people of Georgia have ever been willing to stand by
this bargain, this contract; they have never sought to evade any of its
obligations; they have never hitherto sought to establish any new government;
they have struggled to maintain the ancient right of themselves and the human
race through and by that Constitution. But they know the value of parchment
rights in treacherous hands, and therefore they refuse to commit their own to
the rulers whom the North offers us. Why? Because by their declared principles
and policy they have outlawed $3,000,000,000 of our property in the common
territories of the Union; put it under the ban of the Republic in the States
where it exists and out of the protection of Federal law everywhere; because
they give sanctuary to thieves and incendiaries who assail it to the whole
extent of their power, in spite of their most solemn obligations and covenants;
because their avowed purpose is to subvert our society and subject us not only
to the loss of our property but the destruction of ourselves, our wives, and
our children, and the desolation of our homes, our altars, and our firesides.
To avoid these evils we resume the powers which our fathers delegated to the
Government of the United States, and henceforth will seek new safeguards for
our liberty, equality, security, and tranquillity.
Approved, Tuesday, January 29,
1861
Texas
A Declaration of the Causes which
Impel the State of Texas to Secede from the Federal Union.
The government of the United States, by certain joint resolutions, bearing date the 1st day of March, in the year A.D. 1845, proposed to the Republic of Texas, then *a free, sovereign and independent nation* [emphasis in the original], the annexation of the latter to the former, as one of the co-equal states thereof,
The government of the United States, by certain joint resolutions, bearing date the 1st day of March, in the year A.D. 1845, proposed to the Republic of Texas, then *a free, sovereign and independent nation* [emphasis in the original], the annexation of the latter to the former, as one of the co-equal states thereof,
The people of Texas, by deputies in
convention assembled, on the fourth day of July of the same year, assented to
and accepted said proposals and formed a constitution for the proposed State,
upon which on the 29th day of December in the same year, said State was
formally admitted into the Confederated Union.
Texas abandoned her separate
national existence and consented to become one of the Confederated Union to
promote her welfare, insure domestic tranquility and secure more substantially
the blessings of peace and liberty to her people. She was received into the
confederacy with her own constitution, under the guarantee of the federal
constitution and the compact of annexation, that she should enjoy these
blessings. She was received as a commonwealth holding, maintaining and
protecting the institution known as negro slavery-- the servitude of the
African to the white race within her limits-- a relation that had existed from
the first settlement of her wilderness by the white race, and which her people
intended should exist in all future time. Her institutions and geographical
position established the strongest ties between her and other slave-holding
States of the confederacy. Those ties have been strengthened by association.
But what has been the course of the government of the United States, and of the
people and authorities of the non-slave-holding States, since our connection
with them?
[the issue of westward expansion of slavery...]
The controlling majority of the Federal Government, under various pretences and disguises, has so administered the same as to exclude the citizens of the Southern States, unless under odious and unconstitutional restrictions, from all the immense territory owned in common by all the States on the Pacific Ocean, for the avowed purpose of acquiring sufficient power in the common government to use it as a means of destroying the institutions of Texas and her sister slaveholding States.
By the disloyalty of the Northern
States and their citizens and the imbecility of the Federal Government,
infamous combinations of incendiaries and outlaws have been permitted in those
States and the common territory of Kansas to trample upon the federal laws, to
war upon the lives and property of Southern citizens in that territory, and
finally, by violence and mob law, to usurp the possession of the same as
exclusively the property of the Northern States.
The Federal Government, while but
partially under the control of these our unnatural and sectional enemies, has
for years almost entirely failed to protect the lives and property of the
people of Texas against the Indian savages on our border, and more recently
against the murderous forays of banditti from the neighboring territory of
Mexico; and when our State government has expended large amounts for such
purpose, the Federal Government has refuse reimbursement therefor, thus
rendering our condition more insecure and harassing than it was during the
existence of the Republic of Texas.
These and other wrongs we have
patiently borne in the vain hope that a returning sense of justice and humanity
would induce a different course of administration.
[the Fugitive Slave Act issue...]
When we advert to the course of
individual non-slave-holding States, and that a majority of their citizens, our
grievances assume far greater magnitude.
The States of Maine, Vermont, New
Hampshire, Connecticut, Rhode Island, Massachusetts, New York, Pennsylvania,
Ohio, Wisconsin, Michigan and Iowa, by solemn legislative enactments, have
deliberately, directly or indirectly violated the 3rd clause of the 2nd section
of the 4th article [the fugitive slave clause] of the federal constitution, and
laws passed in pursuance thereof; thereby annulling a material provision of the
compact, designed by its framers to perpetuate the amity between the members of
the confederacy and to secure the rights of the slave-holding States in their
domestic institutions-- a provision founded in justice and wisdom, and without
the enforcement of which the compact fails to accomplish the object of its
creation. Some of those States have imposed high fines and degrading penalties
upon any of their citizens or officers who may carry out in good faith that
provision of the compact, or the federal laws enacted in accordance therewith.
In all the non-slave-holding States,
in violation of that good faith and comity which should exist between entirely
distinct nations, the people have formed themselves into a great sectional
party, now strong enough in numbers to control the affairs of each of those
States, based upon an unnatural feeling of hostility to these Southern States
and their beneficent and patriarchal system of African slavery, proclaiming the
debasing doctrine of equality of all men, irrespective of race or color-- a
doctrine at war with nature, in opposition to the experience of mankind, and in
violation of the plainest revelations of Divine Law. They demand the abolition
of negro slavery throughout the confederacy, the recognition of political
equality between the white and negro races, and avow their determination to
press on their crusade against us, so long as a negro slave remains in these
States.
For years past this abolition
organization has been actively sowing the seeds of discord through the Union,
and has rendered the federal congress the arena for spreading firebrands and
hatred between the slave-holding and non-slave-holding States.
By consolidating their strength,
they have placed the slave-holding States in a hopeless minority in the federal
congress, and rendered representation of no avail in protecting Southern rights
against their exactions and encroachments. They have proclaimed, and at the
ballot box sustained, the revolutionary doctrine that there is a 'higher law'
than the constitution and laws of our Federal Union, and virtually that they
will disregard their oaths and trample upon our rights.
They have for years past encouraged and sustained lawless organizations to steal our slaves and prevent their recapture, and have repeatedly murdered Southern citizens while lawfully seeking their rendition.
[John Brown's raid...]
They have invaded Southern soil and
murdered unoffending citizens, and through the press their leading men and a
fanatical pulpit have bestowed praise upon the actors and assassins in these
crimes, while the governors of several of their States have refused to deliver
parties implicated and indicted for participation in such offenses, upon the
legal demands of the States aggrieved.
They have, through the mails and
hired emissaries, sent seditious pamphlets and papers among us to stir up
servile insurrection and bring blood and carnage to our firesides.
They have sent hired emissaries
among us to burn our towns and distribute arms and poison to our slaves for the
same purpose.
They have impoverished the
slave-holding States by unequal and partial legislation, thereby enriching
themselves by draining our substance.
They have refused to vote
appropriations for protecting Texas against ruthless savages, for the sole
reason that she is a slave-holding State.
[Lincoln's election...]
And, finally, by the combined
sectional vote of the seventeen non-slave-holding States, they have elected as
president and vice-president of the whole confederacy two men whose chief
claims to such high positions are their approval of these long continued
wrongs, and their pledges to continue them to the final consummation of these
schemes for the ruin of the slave-holding States.
In view of these and many other
facts, it is meet that our own views should be distinctly proclaimed.
We hold as undeniable truths that
the governments of the various States, and of the confederacy itself, were
established exclusively by the white race, for themselves and their posterity;
that the African race had no agency in their establishment; that they were
rightfully held and regarded as an inferior and dependent race, and in that
condition only could their existence in this country be rendered beneficial or
tolerable.
That in this free government *all
white men are and of right ought to be entitled to equal civil and political
rights* [emphasis in the original]; that the servitude of the African race, as
existing in these States, is mutually beneficial to both bond and free, and is
abundantly authorized and justified by the experience of mankind, and the
revealed will of the Almighty Creator, as recognized by all Christian nations;
while the destruction of the existing relations between the two races, as
advocated by our sectional enemies, would bring inevitable calamities upon both
and desolation upon the fifteen slave-holding states.
By the secession of six of the
slave-holding States, and the certainty that others will speedily do likewise,
Texas has no alternative but to remain in an isolated connection with the
North, or unite her destinies with the South.
For these and other reasons,
solemnly asserting that the federal constitution has been violated and
virtually abrogated by the several States named, seeing that the federal
government is now passing under the control of our enemies to be diverted from
the exalted objects of its creation to those of oppression and wrong, and
realizing that our own State can no longer look for protection, but to God and
her own sons-- We the delegates of the people of Texas, in Convention
assembled, have passed an ordinance dissolving all political connection with
the government of the United States of America and the people thereof and
confidently appeal to the intelligence and patriotism of the freemen of Texas
to ratify the same at the ballot box, on the 23rd day of the present month.
Adopted in Convention on the 2nd day
of Feby, in the year of our Lord one thousand eight hundred and sixty-one and
of the independence of Texas the twenty-fifth.
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