South Carolina Secedes from the Union
Digital History ID 373
South Carolina Convention
Convinced that a Republican administration would attempt to undermine slavery by appointing antislavery judges, postmasters, military officers, and other officials, a secession convention in South Carolina voted unanimously to secede from the Union on December 20, 1860. The convention issued a declaration in which it attempted to justify its decision. Drawing on arguments developed by John C. Calhoun, the convention held that the states were sovereign entities that could leave the Union as freely as they joined. Among the many indictments of the northern states and people, nothing seems more central than the issue of trust with respect to the capture and return of fugitive slaves.
James L. Petigru (1789-1863), a staunch South Carolina unionist, reportedly responded to the Palmetto State's actions by saying that his state was too small for a country and too large for an insane asylum.
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....
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 July, 1776, in a Declaration by the Colonies, "that they are, and of right ought to be, FREE AND INDEPENDENT STATES....
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...."
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 defence, 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...."
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 is instituted....
In 1787, Deputies were appointed by the States to revise the Articles of Confederation, and...these Deputies recommended, for the adoption of the States...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 to be invested with their authority....
By this Constitution, certain duties were imposed upon the several States, and the exercise of certain of their powers were 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....
We hold that the mode of its [the United States's] formation subjects it to a...fundamental principle: 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.... We assert, that fourteen of the States have deliberately refused for years past to fulfill their constitutional obligations....
The Constitution of the United States, in its 4th 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."
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.... [The northern] States...have enacted laws which either nullify the Acts of Congress, or render useless any attempt to execute them.... Thus the constitutional compact has been deliberately broken....
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.
Those [non-slaveholding] States have assumed 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 the open establishment among them of societies, whose avowed object is to disturb the peace...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.
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 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 the "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 subversion 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 to its peace and safety.
On the 4th of March next, this 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 Guarantees 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....
Source: Gilder Lehrman Institute
Additional information: South Carolina Convention, Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union
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