The Convention of the delegates of South Carolina met at Columbia. It then shifted to Charleston. On December 20, 1860, by an ordinance, it dissolved the union between the state of South Carolina and other States united with her under the compact entitled "The Constitution of the United States of America." (Reference: University of Tennesse Sunsite )
The same convention on December 24, 1860 dissolved its union between South Carolina and other States of North America and simultaneously by words, declared it self as a nation among the nations of the world. The resolution to this effect was titled "Declaration of the Immediate Causes which induce and justify the Secession of South Carolina from the Federal Union".
The following observations can be made on the contents of the resolution of December 24, 1860 which gave the justification and causes of the secession.
The Convention of delegates of South Carolina mentioned to her resolution of April 26, 1852 in beginning of the resolution.
It pointed out that therein, the Convention of South Carolina had observed that there was "frequent violations of the Constitution of the United States, by the Federal government." Through those violations, the resolution of the South Carolina observed, that the Federal Government had made "encroachments upon the reserved rights of the States". It also emphasized that it was in the year 1852 itself, that the convention of the South Carolina had worked and thought on the line of secession from the union because of the violations of the Constitution of the United States by the Federal Government.
The convention of South Carolina observed with great concern that they had been showing the virtue of great forbearance but in face of frequent violations of the Constitution of Unites States America, the virtue had lost its appeal when faced with such breach of trust.
With the above mentioned forces at work, the convention of South Carolina declared that it had resumed her separate and equal place among the nations.
With that reality to live, the convention of South Carolina continued in the resolution to give words to the causes and elucidate the justifications in order to emphasize the causes that have led to that act.
The resolution first gave the justification of attaining the status of an independent state among the community of the independent nations. It emphasized that on July 4, 1776, when the thirteen colonies started the American resolutions, they stood as "free and Independent States" and they fought against the British rule with that status. Referring to that event, the resolution emphasized that the urge to undertake the revolution was guided by the basic principle which was, that when a "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. It was under this principle, that the colonies at that time had broken their links with the British Empire.
It tried to remember in the resolution itself that it was for the security of the states on collective level that the independent states had come under the a league by writing the Articles of Confederation and the Congress of the United States had come into existence. The war was fought by that Congress and that Congress did not retain any power which was not entrusted to it and those powers remained with the states which had come together under that Congress.
On the basis of the above arguments, the South Carolina emphasized that at that time two principles were fully accepted and practiced. The first principle was that the state had the right of self government. It was first the constitution of the states, which came into existence and the constitution of the United States had come on a later date and rectified by the states working under their own constitution at that time. The second principle that was the cause of the birth of the new independent free and self governing states was that the people of the state had the right to abolish the government which becomes destructive of the ends of which it was instituted.
It emphatically pointed out that it was in 1787 that the states sent her deputies to revise the Articles of Confederation and the existing constitution of America came into existence only then.
The secession resolution of South Carolina had pointed out that the constitution which South Carolina accepted on May 23, 1788, was in nature a compact between the states. The South Carolina had joined the compact along with eight other states. Later two more states accepted the constitution. It was after along time that rest of the two states joined in.
The acceptance of the constitution equated to a compact in which the residual powers were with the states. These states had come into existence by a Declaration of Independence granting them the status of a sovereign state. It was so recognized by Great Britain on September 3, 1783.
The main argument which ran through the resolution was that the states were free and sovereign which was granted to them by the Declaration of Independence. Further, that any form of government when 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.
Thirdly that the acceptance of constitution by the state was similar to the compact wherein the residual powers remained safe with the constituent state.
The South Carolina convention of December 1860 evaluated the acceptance of constitution of America by South Carolina a compact. The convention also averred in the resolution that the performance of the material part of a compact is responsibility of each party that had joined in the compact. Any breach by any one party release the other party form the obligation of honouring the terms of the compact and thereby release the other party to exercise its own judgement to determine the fact of failure with all its consequences.
With the above rationale, the South Carolina convention declared that the federal government had breached the pact and pointed out by name fourteen such states which committed the breach.
The South Carolina convention asserted that the breach had taken place in respect of the fourth Article of the constitution of America. The fourth Article stipulated that "No person held to service or labour in one state, under the laws thereof, escaping into another, shall in consequence of any or regulation therein, be discharged from such service or labour, but shall be delivered up, on claim of th party to whom such service or labour may be due."
The convention also placed on the record that Virginia joined the United States or in other words accepted the constitution when the article four was enshrined in the constitution. The convention also emphasized that it was the obligation of ‘General Government’ (Federal Government) as the common agent of the parties who had joined the compact to ensure the performance of the material part of the article. The Convention named the fourteen States that violated the spirit of the article four. The convention also accused the General Government of her failure to perform the material part of the article 4 in the role of a common agent.
The states which were accused of breaching were Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa. The convention finally asserted that "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 Convention accused that the fourteen non-slaveholder states had openly went against the article 4 of the Federal Government. The resolution gave specific case in case of some of them.
The convention also observed with great concern that by their acts, the fourteen non-slaveholding North States had tried to damage some of the established institutions of South States. They were encouraging open insurrection against Slave Holding South States.
On the basis of above accusations, the resolution incorporated the conclusion that, "the constituted compacts has been deliberately broken and disregarded by the Non-Slave Holding States, and the consequences follows that South Carolina is released from her obligation."
The Convention observed that Federal Government also failed to maintain the spirit of the compact on another front. According to South Carolina, that it was the basic goal of the constitution that through its material operation, it would "form a more perfect union, establish justice, insure domestic tranquility, provide for common defence, promote general welfare and secure the blessings of liberty to ourselves and our posterity."
The Convention observed that the Federal Government had failed in that goal which was enshrined in the constitution. It expressed its disapproval by putting it on records that "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 action of the non Slaveholding States."
The resolution observed that the section of North State were "deciding upon the propriety of our (their) domestic institutions," ‘denied the rights of property established in fifteen of the States’ that had been otherwise recognized by the constitution. The delegates of the convention observed that the North States had termed some of their established institutions which were recognised by the constitution, as sinful. They were destroying the institutions of South States by encouraging insurrection, by sending emissaries and by using books and pictures.
The Convention observed that the North States were knowingly denying their constitutional rights, destroying their established and recognized institutions and calling their institutions sinful for 25 years.
The Convention further observed that at that pint of the time that had openly "secrued to its aid the power of the Common Government."
By making a final case in favour of the secession, the convention placed on record that, "a sectional party has found within that Article establishing the Executive Department, the means of subverting the Constitution itself." Further, "A geographical line has been drawn across the Union…." The North States had united to elect a President of the United States, who had declared that "Government can not endure permanently half slave and half free." The South Carolina thus expressed her stand and policy before the new president took oath of the office. The Convention also observed that it was a design of North States to subvert the Constitution by extending voting rights to such person who were incapable of becoming citizens. They had planned to use their votes to "inaugurate a new policy hostile to South and destructive of its beliefs and safety."
The Convention feared that afte 4th day of March next, the Federal Government will have become their enemy. The Federal Government, it was feared, would work on sectional lines.
The Convention observed that from then onwards, "erroneous religious beliefs" would work behind every policy decision.
The South Carolina finally wrote, "We, therefore, the People of South Carolina, by our delegates in Convention assembled, appealing to the Supreme Judge of the world for rectitude of our intentions, have solemnly declared that Union, heretofore, existing between this State and other States of North America is dissolved."
Thus the South Carolina separated herself from the rest of the Unites States of America by separating herself from the compact and the other North States. After separation, it accorded a status to itself in the following words.
"The State of South Carolina resumed her position among the nations of the world, as a separate and independent States; 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." It was signed and adopted on December 24, 1860.
Summary Observations:
These are the eight major observations on the justifications and causes of secession by South Carolina on the basis of the Convention which begun on December 17, 1860 and held at Columbia and then Charleston.
There was violation of the Constitution by the Federal Government. The Federal Government had made encroachments on the reserved rights of the States.
The Convention emphasized that the very existence of the Union was on the working of the pure truth that had established them ( 13 colonies in 1776) as "as free and independent states on July 4, 1776. They attained that status on the working and exercise of the truth which the convention states as follows:
"When a government becomes destructive of the ends for which it was established, it is the right of people to alter or abolish it and to institute a new government"
The Articles of Confederation and later the Constitution of United States of America had left the rights not specified in their body with the states and working of those rights could be carried out by the states with full freedom and independence.
The Constitution of United States of America which South Carolina accepted on May 23, 1788, was in nature a compact between the states. Under that compact, the residual powers were left with the States. The Federal Government under the constitution of United States America came up as a general agent and a general government for the Union and its constituting states.
The joining of any state in the union was in nature a compact. The working of the compact required that all parties honour their obligation and work for the working of the material part of the compact. Any breach by any one party release the other party from the obligation of honouring the terms of the compact and thereby release the other party to exercise its own judgement to determine the fact of failure with all its consequences. As and when it is established that the compact was breached, then South Carolina was free to determine its future course of after coming out of the compact from which it was released when other parties breached the compact.
South Carolina observed that the breach of the compact had taken place with respect o Article 4 of the Constitution of United States of America. The act of breaking the compact had been continuously carried out by 14 North States for last 25 years. The act of breach had been done by 14 non-slaveholding North States by attacking the domestic institutions of South States, by calling their institutions as sinful and failing to fulfill their obligation with respect to Article 4 of the Constitution of the United States of America.
The 14 non-slaveholding North States had also tried to raise insurrection in South States. The General Government had extended them her protection in their act of damage to South State and thus failed in aim for which it had been jointly raised. The aim of the General Government was "to form a more perfect union, establish justice, insure domestic tranquility, provide for common defence, promote general welfare and secure the blessings of liberty for ourselves and our posterity." On the contrary, the General Government had extended protection to North States in raising insurrection in South States.
Finally, the resolution observed that a sectional party had come up which had united the North States for damaging the domestic institution s of South states. They had drawn a geographical line between north and south states. They were guided by "erroneous religious beliefs." They wanted to extend the right of voting to such persons, who were incapable of becoming citizens and finally they had elected a President who asserted that "Government can not endure permanently half slaves and half free." From March 4, 18612, all the acts of General Government would be carried on sectional lines guided by erroneous religious beliefs.
Hence, South Carolina, which had already dissolved its compact with the constitution, also dissolved the union with other states.
References and Sources:
For the text of resolutions of secession by various states on the eve of Civil War, refer to: University of Tennessee Sunsite as Copied by Justin Sanders from J.A. May & J.R. Faunt, *South Carolina Secedes* (U. of S. Car. Pr, 1960), pp. 76-81
- For the various ordinances in original refer to Documenting The American South
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