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.
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.
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 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 as 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
defined 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.
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 this Constitution was framed are declared by itself to
be "to form a more perfect union, establish justice, insure domestic
tranquillity, 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 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 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.
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 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 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 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 sanctions of a 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.
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