Diary of Ethan Allen Hitchcock: February 3, 1861

I have been a greatly distressed observer of this movement, though I have made little note of it. The cotton States have passed “ordinances of secession.” Our hopes now rest upon the Northern line of slave States. If they remain in the Union, and no blood be shed, there is a slight hope that something may be done to heal the breach.

SOURCE: W. A. Croffut, Editor, Fifty Years in Camp and Field: Diary of Major-General Ethan Allen Hitchcock, U. S. A., p. 428

Ordinances of Secession

• South Carolina, December 20, 1860
• Mississippi, January 9, 1861
• Florida, January 10, 1861
• Alabama, January 11, 1861
• Georgia, January 19, 1861
• Louisiana, January 26, 1861
• Texas, February 1, 1861
• Virginia, April 17, 1861
• Arkansas, May 6, 1861
• North Carolina, May 20, 1861
• Tennessee, June 8, 1861
• Missouri, October 31, 1861
• Kentucky, November 20, 1861

Missouri's Ordinance of Secession

An act declaring the political ties heretofore existing between the State of Missouri and the United States of America dissolved.

Whereas the Government of the United States, in the possession and under the control of a sectional party, has wantonly violated the compact originally made between said Government and the State of Missouri, by invading with hostile armies the soil of the State, attacking and making prisoners the militia while legally assembled under the State laws, forcibly occupying the State capitol, and attempting through the instrumentality of domestic traitors to usurp the State government, seizing and destroying private property, and murdering with fiendish malignity peaceable citizens, men, women, and children, together with other acts of atrocity, indicating a deep-settled hostility toward the people of Missouri and their institutions; and

Whereas the present Administration of the Government of the United States has utterly ignored the Constitution, subverted the Government as constructed and intended by its makers, and established a despotic and arbitrary power instead thereof: Now, therefore,

Be it enacted by the general assembly of the State of Missouri, That all political ties of every character now existing between the Government of the United States of America and the people and government of the State of Missouri are hereby dissolved, and the State of Missouri, resuming the sovereignty granted by compact to the said United States upon the admission of said State into the Federal Union, does again take its place as a free and independent republic amongst the nations of the earth.

This act to take effect and be in force from and after its passage.

Approved, October 31, 1861.

I hereby certify the above and foregoing to be a full, true, and perfect copy of the original roll. In testimony whereof I have hereto set my hand and the great seal of the State of Missouri, this 2d day of November, 1861.

[seal.]

B. F. MASSEY, Secretary of, State.

SOURCE: Journal of the Congress of the Confederate States of America, 1861-1865, Vol. 1, p. 481

Texas' Ordinance of Secession

AN ORDINANCE

To dissolve the union between the State of Texas and the other States, united under the compact styled "The Constitution of the United States of America."

Whereas, the Federal Government has failed to accomplish the purposes of the compact of union between the States, in giving protection either to the persons of our people upon an exposed frontier, or to the property of our citizens; and, whereas, the action of the Northern States of the Union is violative of the compact between the States and the guarantees of the Constitution; and, whereas, the recent developments in Federal affairs, make it evident that the power of the Federal Government is sought to be made a weapon with which to strike down the interest and prosperity of the people of Texas and her sister slaveholding States, instead of permitting it to be, as was intended, our shield against outrage and aggression: therefore,

Section 1. We, the People of the State of Texas, by delegates in Convention assembled, Do declare and ordain, that the ordinance adopted by our convention of delegates, on the 4th day of July, A. D. 1845, and afterwards ratified by us, under which the Republic of Texas was admitted into union with other States and became a party to the compact styled "The Constitution of the United States of America," be, and is hereby repealed and annulled; that all the powers, which by said compact were delegated by Texas to the Federal Government, are revoked and resumed; that Texas is of right absolved from all restraints and obligations incurred by said compact, and is a separate sovereign State, and that her citizens and people are absolved from all allegiance to the United States, or the Government thereof.

Sec. 2. This ordinance shall be submitted to the people of Texas for their ratification or rejection by the qualified voters thereof, on the 23d day of February, 1861, and, unless rejected by a majority of the votes cast, shall take effect and be in force on and after the 2d day of March, A. D. 1861. Provided, that in the Representative district of El Paso, said election may be held on the 18th day of February, 1861.

Adopted in Convention, at Austin City, the first day of February, 1861.

SOURCE: H. P. N. Gammel, Compiler, The Laws of Texas 1822-1897, Vol. 4 p. 1519-20

Georgia's Ordinance of Secession

AN ORDINANCE to dissolve the Union between the State of Georgia and other States united with her under a compact of government entitled "The Constitution of the United States of America."

We, the people of the State of Georgia, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by the people of the State of Georgia in Convention on the second day of January in the year of our Lord seventeen hundred and eighty-eight, whereby the Constitution of the United States of America was assented to, ratified and adopted; and also all acts and parts of acts of the General Assembly of this State ratifying and adopting amendments of the said Constitution are hereby repealed, rescinded and abrogated.

We do further declare and ordain, That the Union now subsisting between the State of Georgia and other States, under the name of the "United States of America," is hereby dissolved, and that the State of Georgia is in the full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State.

Passed January 19, 1861.

GEO. W. CRAWFORD,

President.

Attest,

A. R. LAMAR,

Secretary.

SOURCE: The War of the Rebellion: A Compilation of the official records of the Union and Confederate Armies, Series IV, Volume 1, Serial 127, p. 70

Alabama's Ordinance of Secession

AN ORDINANCE to dissolve the union between the State of Alabama and other States united under the compact styled "The Constitution of the United States of America."*

Whereas, the election of Abraham Lincoln and Hannibal Hamlin to the offices of President and Vice-President of the United States of America by a sectional party avowedly hostile to the domestic institutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the Constitution of the United States by many of the States and people of the Northern section, is a political wrong of so insulting and menacing a character as to justify the people of the State of Alabama in the adoption of prompt and decided measures for their future peace and security: Therefore,

Be it declared and ordained by the people of the State of Alabama in convention assembled, That the State of Alabama now withdraws, and is hereby withdrawn, from the Union known as "the United States of America," and henceforth ceases to be one of said United States, and is, and of right ought to be, a sovereign and independent State.

SEC. 2. Be it further declared and ordained by the people of the State of Alabama in convention assembled, That all the powers over the territory of said State and over the people thereof heretofore delegated to the Government of the United States of America be, and they are hereby, withdrawn from said Government, and are hereby resumed and vested in the people of the State of Alabama.

Be it resolved by the people of Alabama in convention assembled, That the people of the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky, and Missouri be, and are hereby, invited to meet the people of the State of Alabama, by their delegates in convention, on the 4th day of February, A. D. 1861, at the city of Montgomery, in the State of Alabama, for the purpose of consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security.

And be it further resolved, That the president of this convention be, and is hereby, instructed to transmit forthwith a copy of the foregoing preamble, ordinance, and resolutions to the Governors of the several States named in said resolutions.

Done by the people of the State of Alabama, in convention assembled, at Montgomery, on this the 11th day of January, A. D. 1861.

Mr. Clemens, from the minority of the same committee, made a report with resolutions, as follows:

The undersigned, a minority of the committee of thirteen, to whom was referred all matters touching the proper mode of resistance to be adopted by the State of Alabama in the present emergency, beg leave to present the following report:

Looking to harmony of action among our own people as desirable above all other things, we have been earnestly desirous of concurring with the majority in the line of policy marked out by them, but after the most careful consideration we have been unable to see in separate State secession the most effectual mode of guarding our honor and securing our rights. Without entering into any argument upon the nature and amount of our grievances, or any speculations as to the probability of our obtaining redress and security in the Union, but looking alone to the most effectual mode of resistance, it seems to us that this great object is best to be attained by the concurrent and concerted action of all the States interested, and that it becomes us to make the effort to obtain that concurrence before deciding finally and conclusively upon our own policy.

We are further of opinion that in a matter of this importance, vitally affecting the property, the lives, and the liberties of the whole people, sound policy dictates that an ordinance of secession should be submitted for their ratification and approval. To that end the resolutions which accompany this report have been prepared and are now submitted to the convention. The undersigned purposely refrain from a detailed statement of the reasons which have brought them to the conclusions at which they have arrived. The action proposed by the majority of the committee is, in its nature, final and conclusive; there is no chance for rehearing or revision; and we feel no disposition to submit an argument, whose only effect will be to create discontent and throw difficulties in the way of a policy the adoption of which we are powerless to prevent. In submitting our own plan, and using all fair and honorable means to secure its acceptance, our duty is fully discharged. To insist upon objections, when they can have no effect but to excite dissatisfaction among the people, is alike foreign to our feelings and our conceptions of patriotic duty. The resolutions hereinbefore referred to are prayed to be taken as part of this report, and the whole is herewith respectfully submitted.

JERE. CLEMENS.

DAVID P. LEWIS.

WM. O. WINSTON.

A. KIMBALL.

R. S. WATKINS.

R. JEMISON, JR.

Whereas, repeated infractions of the Constitution of the United States by the people and States of the Northern section of the confederacy have been followed by the election of sectional candidates, by a strictly sectional vote, to the Presidency and Vice-Presidency of the United States, upon a platform of principles insulting and menacing to the Southern States; and whereas, it becomes a free people to watch with jealous vigilance and resist with manly firmness every attempt to subvert the free and equal principles upon which our Government was originally founded and ought alone to be maintained: Therefore,

Be it resolved by the people of Alabama in convention assembled, That the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky, and Missouri be, and they are hereby, requested to meet us in general convention in the city of Nashville, in the State of Tennessee, on the 22d day of February, 1861, for the purpose of taking into consideration the wrongs of which we have cause to complain, the appropriate remedy therefor, and the time and manner of its application.

Be it further resolved, That the State of Alabama shall be represented in said convention by nine delegates, one to be selected from each Congressional district and two from the State at large, in such manner as shall hereafter be directed and provided for by this convention.

Be it further resolved, That our delegates selected shall be instructed to submit to the general convention the following basis of a settlement of the existing difficulties between the Northern and the Southern States, to wit:

1. A faithful execution of the fugitive slave law and a repeal of all State laws calculated to impair its efficacy.

2. A more stringent and explicit provision for the surrender of criminals charged with offenses against the laws of one State and escaping into another.

3. A guaranty that slavery shall not be abolished in the District of Columbia, or in any other place over which Congress has exclusive jurisdiction.

4. A guaranty that the interstate slave-trade shall not be interfered with.

5. A protection to slavery in the Territories, while they are Territories, and a guaranty that when they ask for admission as States they shall be admitted into the Union with or without slavery as their constitutions may prescribe.

6. The right of transit through free States with slave property.

7. The foregoing clauses to be irrepealable by amendments to the Constitution.

Be it further resolved, That the basis of settlement prescribed in the foregoing resolution shall not be regarded by our delegates as absolute and unalterable, but as an indication of the opinion of this convention, to which they are expected to conform as nearly as may be, holding themselves, however, at liberty to accept any better plan of adjustment which may be insisted upon by a majority of the slave-holding States.

Be it further resolved, That if the foregoing proposition for a conference is refused or rejected by any or all of the States to which it is addressed, Alabama, in that event, will hold herself at liberty, alone or in conjunction with such States as may agree to unite with her, to adopt such plan of resistance and mature such measures as in her judgment may seem best calculated to maintain the honor and secure the rights of her citizens; and in the meantime we will resist by all means at our command any attempt on the part of the General Government to coerce a seceding State.

Be it further resolved, That the president of this convention be instructed to transmit copies of the foregoing preamble and resolutions to the Governors of each of the States therein named.

And also the following resolution from the same:

Be it resolved by the people of Alabama in convention assembled, That an ordinance of secession from the United States is an act of such great importance, involving consequences so vitally affecting the lives, liberty, and property of the citizens of the seceding State, as well as of the States by which it is surrounded and with which it has heretofore been united, that in our opinion it should never be attempted until after the most thorough investigation and discussion, and then only after a full and free ratification at the polls by a direct vote of the people, at an election held under the forms and safeguards of the law in which that single issue, untrammeled and undisguised in any manner whatever, should alone be submitted.

Mr. Clemens moved that the preamble and first series of resolutions be taken up and substituted for the ordinance.

The ayes and noes were demanded.

The yeas and nays were then called on the motion of Mr. Clemens, and it was lost. Yeas 45, nays 54.

*          *          *          *          *          *          *          *          *          *

Mr. Clemens offered the following amendment:

Provided, however, That this ordinance shall not go into effect until the 4th day of March, 1861, and not then unless the same shall have been ratified and confirmed by a direct vote of the people.

The yeas and nays were taken on the amendment, and were--yeas 45, nays 54; and the amendment was lost.

* From the Journal of the Alabama Convention.

SOURCE: The War of the Rebellion: A Compilation of the official records of the Union and Confederate Armies, Series IV, Volume 1, Serial 127, p. 43-5

Florida's Ordinance of Secession

ORDINANCE OF SECESSION

We, the people of the State of Florida, in convention assembled, do solemnly ordain, publish, and declare, That the State of Florida hereby withdraws herself from the confederacy of States existing under the name of the United States of America and from the existing Government of the said States; and that all political connection between her and the Government of said States ought to be, and the same is hereby, totally annulled, and said Union of States dissolved; and the State of Florida is hereby declared a sovereign and independent nation; and that all ordinances heretofore adopted, in so far as they create or recognize said Union, are rescinded; and all laws or parts of laws in force in this State, in so far as they recognize or assent to said Union, be, and they are hereby, repealed.

SOURCE: The War of the Rebellion: A Compilation of the official records of the Union and Confederate Armies, Series IV, Volume 1, Serial 127, p. 53

Mississippi's Ordinance of Secession

AN ORDINANCE to dissolve the union between the State of Mississippi and other States united with her under the compact entitled "The Constitution of the United States of America."

The people of the State of Mississippi, in convention assembled, do ordain and declare, and it is hereby ordained and declared, as follows, to wit:

SECTION 1. That all the laws and ordinances by which the said State of Mississippi became a member of the Federal Union of the United States of America be, and the same are hereby, repealed, and that all obligations on the part of the said State or the people thereof to observe the same be withdrawn, and that the said State doth hereby resume all the rights, functions, and powers which by any of said laws or ordinances were conveyed to the Government of the said United States, and is absolved from all the obligations, restraints, and duties incurred to the said Federal Union, and shall from henceforth be a free, sovereign, and independent State.

SEC. 2. That so much of the first section of the seventh article of the constitution of this State as requires members of the Legislature and all officers, executive and judicial, to take an oath or affirmation to support the Constitution of the United States be, and the same is hereby, abrogated and annulled.

SEC. 3. That all rights acquired and vested under the Constitution of the United States, or under any act of Congress passed, or treaty made, in pursuance thereof, or under any law of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed.

SEC. 4. That the people of the State of Mississippi hereby consent to form a federal union with such of the States as may have seceded or may secede from the Union of the United States of America, upon the basis of the present Constitution of the said United States, except such parts thereof as embrace other portions than such seceding States.

Thus ordained and declared in convention the 9th day of January, in the year of our Lord 1861.

 WILLIAM S. BARRY,

President.

 F. A. POPE,

Secretary.

In testimony of the passage of which and the determination of the members of this convention to uphold and maintain the State in the position she has assumed by said ordinance, it is signed by the president and members of this convention this the 15th day of January, A.D. 1861.

OFFICE OF SECRETARY OF STATE,

Jackson, Miss.

I, C. A. Brougher, secretary of state of the State of Mississippi, do hereby certify that the above is a correct copy of the original ordinance of secession as the same remains on file in my office.

Given under my hand and the great seal of the State of Mississippi, hereto affixed, this the 17th day of January, A.D. 1861.

[SEAL.]

C. A. BROUGHER,

Secretary of State.

SOURCE: The War of the Rebellion: A Compilation of the official records of the Union and Confederate Armies, Series IV, Volume 1, Serial 127, p. 42-3



South Carolina's Ordinance of Secession

AN ORDINANCE to dissolve 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."

We, the people of the State of South Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by us in convention on the twenty-third day of May, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also all acts and parts of acts of the General Assembly of this State ratifying amendments of the said Constitution, are hereby repealed; and that the union now subsisting between South Carolina and other States, under the name of the "United States of America," is hereby dissolved.

Done at Charleston the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty.

SOURCE: The War of the Rebellion: A Compilation of the official records of the Union and Confederate Armies, Series IV, Volume I, Serial 127, p. 1

Louisiana's Ordinance of Secession

AN ORDINANCE to dissolve the union between the State of Louisiana and other States united with her under the compact entitled “The Constitution of the United States of America.”

We, the people of the State of Louisiana, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance passed by us in convention on the 22d day of November, in the year eighteen hundred and eleven, whereby the Constitution of the United States of America and the amendments of the said Constitution were adopted, and all laws and ordinances by which the State of Louisiana became a member of the Federal Union, be, and the same are hereby, repealed and abrogated; and that the union now subsisting between Louisiana and other States under the name of “The United States of America” is hereby dissolved.

We do further declare and ordain, That the State of Louisiana hereby resumes all rights and powers heretofore delegated to the Government of the United States of America; that her citizens are absolved from all allegiance to said Government, and that she is in full possession and exercise of all those rights of sovereignty which appertain to a free and independent State.

We do further declare and ordain, That all rights acquired and vested under the Constitution of the United States, or any act of Congress, or treaty, or under any law of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed.

Adopted in convention at Baton Rouge this 26th day of January, 1861.

A. MOUTON,

President of the Convention.

Attest.

J. THOS. WHEAT,

Secretary of the Convention.

SOURCE: The War Of The Rebellion: A Compilation Of The Official Records Of The Union And Confederate Armies, Series IV, Volume I, P. 80

Tennessee's Ordinance of Secession

AN ACT to submit to a vote of the people a declaration of independence, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That immediately after the passage of this act the Governor of this State shall, by proclamation, direct the sheriffs of the several counties in this State to open and hold an election at the various voting precincts in their respective counties on the 8th day of June, 1861; that said sheriffs, or in the absence of the sheriffs the coroner of the county, shall immediately advertise the election contemplated by this act; that said sheriffs appoint a deputy to hold said election for each voting precinct, and that said deputy appoint three judges and two clerks for each precinct. And if no officer shall, from any cause, attend any voting precinct to open and hold said election, then any justice of the peace, or in the absence of a justice of the peace any respectable freeholder, may appoint an officer, judges, and clerks to open and hold said election. Said officers, judges, and clerks shall be sworn as now required by law, and who after being so sworn shall open and hold an election, open and close at the time of day and in the manner now required by law in elections for members to the General Assembly.

Sec. 2. Be it further enacted, That at said election the following declaration shall be submitted to a vote of the qualified voters of the State of Tennessee for their ratification or rejection:


DECLARATION OF INDEPENDENCE AND ORDINANCE dissolving the federal relations between the State of Tennessee and the United States of America.

First. We, the people of the State of Tennessee, waiving any expression of opinion as to the abstract doctrine of secession, but asserting the right, as a free and independent people, to alter, reform, or abolish our form of government in such manner as we think proper, do ordain and declare that all the laws and ordinances by which the State of Tennessee became a member of the Federal Union of the United States of America are hereby abrogated and annulled, and that all obligations on our part be withdrawn therefrom; and we do hereby resume all the rights, functions, and powers which by any of said laws and ordinances were conveyed to the Government of the United States, and absolve ourselves from all the obligations, restraints, and duties incurred thereto; and do hereby henceforth become a free, sovereign, and independent State.

Second. We furthermore declare and ordain that article 10, sections 1 and 2, of the constitution of the State of Tennessee, which requires members of the General Assembly and all officers, civil and military, to take an oath to support the Constitution of the United States be, and the same are hereby, abrogated and annulled, and all parts of the constitution of the State of Tennessee making citizenship of the United States a qualification for office and recognizing the Constitution of the United States as the supreme law of this State are in like manner abrogated and annulled.

Third. We furthermore ordain and declare that all rights acquired and vested under the Constitution of the United States, or under any act of Congress passed in pursuance thereof, or under any laws of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed.


Sec. 3. Be it further enacted, That said election shall be by ballot; that those voting for the declaration and ordinance shall have written or printed on their ballots "Separation," and those voting against it shall have written or printed on their ballots "No separation;" that the clerks holding said election shall keep regular scrolls of the voters as now required by law in t he election of members to the General Assembly; that the clerks and judges shall certify the same, with the number of votes for "Separation" and the number of votes "No separation." The officer holding the election shall return the same to the sheriff of the county, at the county seat, on the Monday next after the election. The sheriff shall immediately make out, certify, and send to the Governor the number of votes polled, and the number of votes for "Separation" and the number "No separation," and file one of the original scrolls with the clerk of the county court; that upon comparing the vote by the Governor, in the office of the secretary of state, which shall be at least by the 24th day of June, 1861, and may be sooner if the returns are all received by the Governor, if a majority of the votes polled shall be for "Separation," the Governor shall by his proclamation make it known and declare all connection by the State of Tennessee with the Federal Union dissolved, and that Tennessee is a free, independent Government — free from all obligations to or connection with the Federal Government. And that the Governor shall cause the vote by counties to be published, the number for "Separation" and the number "No separation," whether a majority votes for "Separation" or " No separation."

Sec. 4. Be it, further enacted, That, in the election to be held under the provisions of this act, upon the declaration submitted to the people, all volunteers and other persons connected with the service of this State, qualified to vote for members of the Legislature in the counties where they reside, shall be entitled to vote in any county in the State where they may be in active service, or under orders, or on parole, at the time of said election, and all other voters shall vote in the county where they reside, as now required by law in voting for members to the General Assembly.

Sec. 5. Be it further enacted, That at the same time and under the rules and regulations prescribed for the election hereinbefore ordered, the following ordinance shall be submitted to the popular vote, to wit:


AN ORDINANCE for the adoption of the Constitution of the Provisional Government of the Confederate States of America.

We, the people of Tennessee, solemnly impressed by the perils which surround us, do hereby adopt and ratify the Constitution of the Provisional Government of the Confederate States of America, ordained and established at Montgomery, Ala., on the 8th day of February, 1861, to be in force during the existence thereof or until such time as we may supersede it by the adoption of a permanent constitution.


SEC. 6. Be it further enacted, That those in favor of the adoption of said Provisional Constitution, and thereby securing to Tennessee equal representation in the deliberations and councils of the Confederate States, shall have written or printed on their ballots the word "Representation;" those opposed, the words "No representation."

Sec. 7. Be it further enacted, That in the event the people shall adopt the Constitution of the Provisional Government of the Confederate States at the election herein ordered, it shall be the duty of the Governor forthwith to issue writs of election for delegates to represent the State of Tennessee in the said Provisional Government; that the State shall be represented by as many delegates as it was entitled to members of Congress to the recent Congress of the United States of America, who shall be elected from the several Congressional districts as now established by law, in the mode and manner now prescribed for the election of members of the Congress of the United States.

Sec. 8. Be it further enacted, That this act take effect from and after its passage.

W. C. WHITTHORNE,
Speaker of the House of Representatives.

B. L. STOVALL,
Speaker of the Senate.

Passed May 6, 1861.


SOURCE: The War of the Rebellion: A Compilation of the official records of the Union and Confederate Armies, Series IV – Volume I, p. 290-1