HOME

TheInfoList



OR:

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 )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
to explain its reasons for seceding from the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. It followed the brief
Ordinance 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 ...
that had been issued on December 20. The declaration is a product of a convention organized by the state's government in the month following the election of
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
as U.S. President, where it was drafted in a committee headed by
Christopher Memminger Christopher Gustavus Memminger (german: link=no, Christoph Gustav Memminger, translit=Christopher Gustavus Memminger; January 9, 1803 – March 7, 1888) was a German-born American politician and a secessionist who participated in the format ...
. The declaration stated 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". 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."


Background

An official secession convention met in South Carolina following the November 1860 election of
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
as President of the United States, on a platform opposing the expansion of slavery into U.S. territories. On December 20, 1860, the convention issued an
ordinance 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 ...
announcing the state's withdrawal from the union. The ordinance was brief and legalistic in nature, containing no explanation of the reasoning behind the delegates' decision: 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 Christopher Gustavus Memminger (german: link=no, Christoph Gustav Memminger, translit=Christopher Gustavus Memminger; January 9, 1803 – March 7, 1888) was a German-born American politician and a secessionist who participated in the format ...
(considered the primary author), F. H. Wardlaw, R. W. Barnwell, J. P. Richardson, B. H. Rutledge, J. E. Jenkins, and P. E. Duncan. 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.


Synopsis

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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
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 A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also kno ...
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 Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
although he is not mentioned by name) who was planning to outlaw slavery. In reference to the failure of the northern states to uphold the Fugitive Slave Act, South Carolina states the primary reason for its secession: Further on: 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.


Legacy

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
tariff A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and poli ...
s 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 Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
,
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
, and
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
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 Robert Barnwell Rhett (born Robert Barnwell Smith; December 21, 1800September 14, 1876) 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 H ...
, 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. The declaration was seen as analogous to the
U.S. Declaration of Independence The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House (l ...
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 In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political powe ...
". 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'': 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:


See also

*
Mississippi Secession Ordinance The Mississippi Secession Ordinance was written by Lucius Quintus Cincinnatus Lamar (II), who resigned from the U.S. Congress in January 1861. and The Local ordinance, ordinance was signed by James Z. George and others. Text of Ordinance: Ref ...
*
Ordinance 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 ...
*
South Carolina in the American Civil War 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 Harbo ...


References

;Books *


External links


Full text of the declaration
* ttps://books.google.com/books?id=MhTVAAAAMAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Original text of South Carolina Declaration and Ordinancebr>Original text of Mississippi Declaration
{{Authority control American Civil War Secession crisis of 1860–61 South Carolina in the American Civil War American Civil War documents
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
History of South Carolina Politics of South Carolina 1860 in South Carolina December 1860 events 1860 documents