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Declaration
of the Immediate Causes Which Induce and Justify the Secession
of South Carolina From the Federal Union |
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This
illustration from the December 22, 1860 edition of Harper's
Weekly. shows the seceding South Carolina Congressional
delegation.
The
image was created by Winslow Homer from a Mathew Brady photograph. |
December
24, 1860
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....
Sources:
Library of Congress
J.A. May & J.R. Faunt, South Carolina Secedes (U.
of S. Car. Pr, 1960), pp. 76-81
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