Showing posts with label South Carolina Ordinance of Secession. Show all posts
Showing posts with label South Carolina Ordinance of Secession. Show all posts

Monday, March 20, 2023

Diary of George Mifflin Dallas, January 8, 1861

South Carolina, it appears, adopted her Ordinance of Secession on the 19th of December, unanimously. It has been hailed with exultation in most of the Southern States. Mr. Mason rather intimates that the movement is designed to compel adequate concessions from the North, or to form a basis upon which the confederacy may be reconstructed.

The first article of Blackwood's Magazine for this month, "The Political Year," is one of much ability. Its purpose is to depreciate the present government by special attacks on Mr. Gladstone and Lord John Russell. In the concluding paragraph I find the following: “The last news from America announces that, Lord John Russell having complained of the inactivity of the American cruisers in the suppression of the slave-trade, Mr. Dallas informed his Lordship, in October last, that 'the British Foreign Office had better mind its own business.' He wound up by stating that 'the government at Washington did not require to be continually lectured as to its duty by our Foreign Secretary.' Can anything be more absurd? We have a Foreign Secretary who writes letters and gives good advice to all the world, and who, at one time, cannot get his effusions answered, at another time gets snubbed for them, yet again finds them quoted as authorizing rebellion, and always finds himself doing more harm than good." It is true, that, on the 24th of November, I read, as instructed, a despatch from General Cass, dated the 27th of October, to Lord John Russell. His Lordship did not like it; said that all Christendom had condemned the slave-trade, and he had a right to speak against it. I merely remarked that perhaps the serenity of the State Department at Washington would not be disturbed by one or two exhortations, but that his Lordship must be aware that too frequent recurrences in diplomatic correspondence to the obligations of humanity imply a neglect of them by those addressed, and cannot but be unacceptable. When I reported this matter to the Secretary of State, I added: “English statesmen generally have a complacent and irrepressible sense of superior morality, and are apt, without really meaning incivility, to be prodigal of their inculcations upon others." Here is the basis of Blackwood's remarks.

SOURCE: George Mifflin Dallas, Diary of George Mifflin Dallas, While United States Minister to Russia 1837 to 1839, and to England 1856 to 1861, Volume 3, p. 427-8

Saturday, January 5, 2019

Commandant Samuel F. DuPont to Gustavus V. Fox, November 15, 1861

Private
Wabash, 15, Nov. 61
Port Royal.     
Dear Mr. Fox,

The Atlantic goes to-morrow to return. She takes my detailed official report and correct map of the battle. Instead of our work wearing away with time, the achievement seems more appreciated by visitors to the forts than ever.

We were rejoiced by O. M. Pettit and Ellen coming in yesterday, they are worth their weight in Gold.

I send you a facsimile of the S. C. Ordinance of Secession with the Cartes de visite of the conspirators, for Mr. Welles, taken from Gen. Drayton's headquarters. We have his military map too, with the forts marked on the rivers &c.

Sherman sent a flag of truce yesterday to a place called the ferry, 7 or 8 miles from Beaufort where I sent his messengers by gun boat. They were cooly recd and it was not wise to send the message. It was elicited by some one a Br [sic] subject asking for protection.

Ought Sherman to have issued a proclamation without my knowledge? I like him but I think Stevens a tortuous man and very smart.

If we were to withdraw our naval and physical protection this army would be prisoners of war in 4 weeks. I don't believe a white man who robs a negro of his subsistence will fight.

Missroon came in to-day, (not his ship) and he has gone off again. I was glad to see him and sent for John Rodgers. The Tybee Isl is fortified and requires a 9-ft draft to approach it and they deem it impossible to put the stone there except under very strong covering with many gunboats, no covering with the frigates. We can put the vessels on the outer bar and you can send them here. I will see further tomorrow.

Curlew must go home. It would be throwing away 45000$ to give that for her. Watmough is grieved at losing his command but in character with himself pronounces her unfit. Will you say to Mr. Welles and to yrself that I would esteem it a particular favor if you will give Lt. Watmough a Gunboat and send him out immediately to me?

I look upon him as the first man afloat of his age — he will be very important.

Connecticut in to day—R Island yesterday. I will write an official letter about Beaufort. Waiting for soldiers to go to Fernandina. I doubt if they dare leave. I think I can hold it with the Marines. Very tired. Excuse this hurried letter.

Ever yrs faithfully
S. F. DP.

I asked Sherman to call Fort Walker, Fort Welles. I think he will do it. Davis saw this fort for the first time yesterday and says they ought to have whipped us.

SOURCE: Robert Means Thompson & Richard Wainwright, Editors, Publications of the Naval Historical Society, Volume 9: Confidential Correspondence of Gustavus Vasa Fox, Assistant Secretary of the Navy, 1861-1865, Volume 1, p. 71-3

Saturday, August 11, 2018

Commissioners of the State of South Carolina to James Buchanan, January 1, 1861

Washington, D. C,
January 1st, 1861.

Sir: We have the honor to acknowledge the receipt of your letter of the 30th December, in reply to a note addressed by us to you on the 28th of the same month, as Commissioners from South Carolina.

In reference to the declaration with which your reply commences, that “your position as President of the United States was clearly defined in the Message to Congress of the 3d instant,” that you possess “no power to change the relations heretofore existing” between South Carolina and the United States, “much less to acknowledge the independence of that State;” and that, consequently, you could meet us only as private gentlemen of the highest character, with an entire willingness to communicate to Congress any proposition we might have to make, we deem it only necessary to say, that the State of South Carolina having, in the exercise of that great right of self-government which underlies all our political organizations, declared herself sovereign and independent, we, as her representatives, felt no special solicitude as to the character in which you might recognize us. Satisfied that the State had simply exercised her unquestionable right, we were prepared, in order to reach substantial good, to waive the formal considerations which your constitutional scruples might have prevented you from extending. We came here, therefore, expecting to be received as you did receive us, and perfectly content with that entire willingness of which you assured us, to submit any proposition to Congress which we might have to make upon the subject of the independence of the State. That willingness was ample recognition of the condition of public affairs which rendered our presence necessary. In this position, however, it is our duty, both to the State which we represent and to ourselves, to correct several important misconceptions of our letter into which you have fallen.

You say, “It was my earnest desire that such a disposition might be made of the whole subject by Congress, who alone possesses the power to prevent the inauguration of a civil war between the parties in regard to the possession of the federal forts in the harbor of Charleston; and I, therefore, deeply regret that, in your opinion, ‘the events of the last twenty-four hours render this impossible.’” We expressed no such opinion, and the language which you quote as ours, is altered in its sense by the omission of a most important part of the sentence. What we did say was: “But the events of the last twenty-four hours render such an assurance impossible.” Place that “assurance” as contained in our letter, in the sentence, and we are prepared to repeat it.

Again, professing to quote our language, you say:— “Thus the authorities of South Carolina, without waiting or asking for any explanation, and, doubtless, believing, as you have expressed it, that the officer had acted not only without, but against my orders,” &c. We expressed no such opinion in reference to the belief of the people of South Carolina. The language which you have quoted, was applied solely and entirely to our assurance, obtained here, and based, as you well know, upon your own declaration — a declaration which, at that time, it was impossible for the authorities of South Carolina to have known. But, without following this letter into all its details, we propose only to meet the chief points of the argument.

Some weeks ago, the State of South Carolina declared her intention, in the existing condition of public affairs, to secede from the United States. She called a Convention of her people, to put her declaration in force. The Convention met, and passed the Ordinance of Secession. All this you anticipated, and your course of action was thoroughly considered. In your annual message, you declared you had no right, and would not attempt, to coerce a seceding State, but that you were bound by your constitutional oath, and would defend the property of the United States within the borders of South Carolina, if an attempt was made to take it by force. Seeing very early that this question of property was a difficult and delicate one, you manifested a desire to settle it without collision. You did not reinforce the garrisons in the harbor of Charleston. You removed a distinguished and veteran officer from the command of Fort Moultrie, because he attempted to increase his supply of ammunition. You refused to send additional troops to the same garrison when applied for by the officer appointed to succeed him. You accepted the resignation of the oldest and most eminent member of your Cabinet, rather than allow these garrisons to be strengthened. You compelled an officer stationed at Fort Sumter, to return immediately to the Arsenal, forty muskets which he had taken to arm his men. You expressed not to one, but to many, of the most distinguished of our public characters, whoso testimony will be placed upon the record, whenever it is necessary, your anxiety for a peaceful termination of this controversy, and your willingness not to disturb the military status of the forts, if Commissioners should be sent to the Government, whose communications you promised to submit to Congress. You received and acted on assurances from the highest official authorities of South Carolina, that no attempt would be made to disturb your possession of the forts and property of the United States, if you would not disturb their existing condition until Commissioners had been sent, and the attempt to negotiate had failed. You took from the members of the House of Representatives, a written memorandum that no such attempt should be made, “provided that no reinforcements shall be sent into those forts, and their relative military status shall remain as at present.” And, although you attach no force to the acceptance of such a paper, although you “considered it as nothing more in effect than the promise of highly honorable gentlemen,” as an obligation on one side without corresponding obligation on the other, it must be remembered (if we are rightly informed) that you were pledged, if you ever did send reinforcements, to return it to those from whom you had received it before you executed your resolution. You sent orders to your officers, commanding them strictly to follow a line of conduct in conformity with such an understanding.
Beside all this, you had received formal and official notice from the Governor of South Carolina, that we had been appointed Commissioners, and were on our way to Washington. You knew the implied condition under which we came; our arrival was notified to you, and an hour appointed for an interview. We arrived in Washington on Wednesday, at three o'clock, and you appointed an interview with us at one the next day. Early on that day, Thursday, the news was received here of the movement of Major Anderson. That news was communicated to you immediately, and you postponed our meeting until half-past two o'clock, on Friday, in order that you might consult your Cabinet. On Friday we saw you, and we called upon you then to redeem your pledge. You could not deny it. With the facts we have stated, and in the face of the crowning and conclusive fact, that your Secretary of War had resigned his seat in the Cabinet, upon the publicly avowed ground that the action of Major Anderson had violated the pledged faith of the Government, and that unless the pledge was instantly redeemed, he was dishonored; denial was impossible; you did not deny it. You do not deny it now, but you seek to escape from its obligation on two grounds: 1st, That we terminated all negotiation by demanding, as a preliminary, the withdrawal of the United States troops from the harbor of Charleston; and 2d, That the authorities of South Carolina, instead of asking explanation, and giving you the opportunity to vindicate yourself, took possession of other property of the United States. We will examine both.

In the first place, we deny positively, that we have ever, in any way, made any such demand. Our letter is in your possession; it will stand by this on the record. In it, we inform you of the objects of our mission. We say that it would have been our duty to have assured you of our readiness to commence negotiations with the most earnest and anxious desire to settle all questions between us amicably, and to our mutual advantage, but that events had rendered that assurance impossible. We stated the events, and we said that, until some satisfactory explanation of these events was given us, we could not proceed, and then, having made this request for explanation, we added, “and, in conclusion, we would urge upon you the immediate withdrawal of the troops from the harbor of Charleston. Under present circumstances they are a standing menace, which renders negotiation impossible,” &c. “Under present circumstances!” What circumstances? Why, clearly, the occupation of Fort Sumter, and the dismantling of Fort Moultrie by Major Anderson, in the face of your pledges, and without explanation or practical disavowal. And there is nothing in the letter, which would or could have prevented you from declining to withdraw the troops, and offering the restoration of the status to which you were pledged, if such had been your desire. It would have been wiser and better, in our opinion, to have withdrawn the troops, and this opinion we urged upon you, but we demanded nothing but such an explanation of the events of the last twenty-four hours as would restore our confidence in the spirit with which the negotiation should be conducted. In relation to this withdrawal of the troops from the harbor, we are compelled, however, to notice one passage of your letter. Referring to it, you say: “This I cannot do. This I will not do. Such an idea was never thought of by me in any possible contingency. No allusion to it had ever been made in any communication between myself and any human being.”

In reply to this statement, we are compelled to say, that your conversation with us left upon our minds the distinct impression that you did seriously contemplate the withdrawal of the troops from Charleston harbor. And, in support of this impression, we would add that we have the positive assurance of gentlemen of the highest possible public reputation, and the most unsullied integrity — men whose name and fame, secured by long service and patriotic achievement, place their testimony beyond cavil — that such suggestions had been made to, and urged upon you by them, and had formed the subject of more than one earnest discussion with you. And it was this knowledge that induced us to urge upon you a policy which had to recommend it, its own wisdom and the weight of such authority. As to the second point, that the authorities of South Carolina, instead of asking explanations, and giving you the opportunity to vindicate yourself, took possession of other property of the United States, we would observe, 1st. That, even if this were so, it does not avail you for defence, for the opportunity for decision was afforded you before these facts occurred. We arrived in Washington on Wednesday. The news from Major Anderson reached here early on Thursday, and was immediately communicated to you. All that day, men of the highest consideration — men who had striven successfully to lift you to your great office — who had been your tried and true friends through the troubles of your administration — sought you, and entreated you to act — to act at once. They told you that every hour complicated your position. They only asked you to give the assurance that, if the facts were so — that, if the commander had acted without, and against your orders, and in violation of your pledges, that you would restore the status you had pledged your honor to maintain.

You refused to decide. Your Secretary at War — your immediate and proper adviser in this whole matter — waited anxiously for your decision, until he felt that delay was becoming dishonor. More than twelve hours passed, and two Cabinet meetings had adjourned before you knew what the authorities of South Carolina had done, and your prompt decision at any moment of that time, would have avoided the subsequent complications. But if you had known the acts of the authorities of South Carolina, should that have prevented your keeping your faith? What was the condition of things? For the last sixty days, you have had in Charleston harbor, not force enough to hold the 2 forts against an equal enemy. Two of them were empty; one of those two, the most important in the harbor. It could have been taken at any time. You ought to know better than any man, that it would have been taken, but for the efforts of those who put their trust in your honor. Believing that they were threatened by Fort Sumter especially, the people were, with difficulty, restrained from securing, without blood, the possession of this important fortress. After many and reiterated assurances given on your behalf, which we cannot believe unauthorized, they determined to forbear, and in good faith sent on their Commissioners to negotiate with you. They meant you no harm; wished you no ill. They thought of you kindly, believed you true, and were willing, as far as was consistent with duty, to spare you unnecessary and hostile collision. Scarcely had their Commissioners left, than Major Anderson waged war. No other words will describe his action. It was not a peaceful change from one fort to another; it was a hostile act in the highest sense — one only justified in the presence of a superior enemy, and in imminent peril. He abandoned his position, spiked his guns, burned his gun-carriages, made preparations for the destruction of his post, and withdrew under cover of the night to a safer position. This was war. No man could have believed (without your assurance) that any officer could have taken such a step, “not only without orders, but against orders.” What the State did, was in simple self-defence; for this act, with all its attending circumstances, was as much war as firing a volley; and war being thus begun, until those commencing it explained their action, and disavowed their intention, there was no room for delay; and, even at this moment, while we are writing, it is more than probable, from the tenor of your letter, that reinforcements are hurrying on to the conflict, so that when the first gun shall be fired, there will have been, on your part, one continuous consistent series of actions commencing in a demonstration essentially warlike, supported by regular reinforcement, and terminating in defeat or victory. And all this without the slightest provocation; for, among the many things which you have said, there is one thing you cannot say — you have waited anxiously for news from the seat of war, in hopes that delay would furnish some excuse for this precipitation. But this “tangible evidence of a design to proceed to a hostile act, on the part of the authorities of South Carolina,” (which is the only justification of Major Anderson,) you are forced to admit “has not yet been alleged.” But you have decided. You have resolved to hold by force what you have obtained through our misplaced confidence, and by refusing to disavow the action of Major Anderson, have converted his violation of orders into a legitimate act of your Executive authority. Be the issue what it may, of this we are assured, that, if Fort Moultrie has been recorded in history as a memorial of Carolina gallantry, Fort Sumter will live upon the succeeding page as an imperishable testimony of Carolina faith.

By your course, you have probably rendered civil war inevitable. Be it so. If you choose to force this issue upon us, the State of South Carolina will accept it, and, relying upon Him who is the God of justice as well as the God of hosts, will endeavor to perform the great duty which lies before her, hopefully, bravely and thoroughly.

Our mission being one for negotiation and peace, and your note leaving us without hope of a withdrawal of the troops from Fort Sumter, or of the restoration of the status quo existing at the time of our arrival, and intimating, as we think, your determination to reinforce the garrison in the harbor of Charleston, we respectfully inform you that we propose returning to Charleston on to-morrow afternoon.

We have the honor to be, sir, very respectfully,

Your obedient servants,

R. W. BARNWELL,
J. H. ADAMS,
JAMES L. ORR.
Commissioners.
To his Excellency, the President
of the United States.


[Endorsement.]

Executive Mansion,
3½ o'clock, Wednesday.

This paper, just presented to the President, is of such a character that he declines to receive it.

SOURCE: The Correspondence Between the Commissioners of the State of So. Ca. to the Government at Washington and the President of the United States, p. 12-20

Sunday, August 5, 2018

James Buchanan to the Commissioners of the State of South Carolina, December 30, 1860

Washington City, 30th December, 1860.

Gentlemen: I have the honor to receive your communication of 28th inst., together with a copy of your “full powers from the Convention of the People of South Carolina,” authorising you to treat with the Government of the United States on various important subjects therein mentioned, and also a copy of the Ordinance bearing date on the 20th instant, declaring that “the Union now subsisting between South Carolina and other States under the name of ‘the United States of America,’ is hereby dissolved.”

In answer to this communication, I have to say, that my position as President of the United States was clearly defined in the message to Congress of the 3d instant. In that I stated that, “apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to decide what shall be the relations between the Federal Government and South Carolina. He has been invested with no such discretion. He possesses no power to change the relations heretofore existing between them, much less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recognizing the dissolution of the Confederacy among our thirty-three sovereign States. It bears no resemblance to the recognition of a foreign de facto government — involving no such responsibility. Any attempt to do this would, on his part, be a naked act of usurpation. It is, therefore, my duty to submit to Congress the whole question, in all its bearings.”

Such is my opinion still. I could, therefore, meet you only as private gentlemen of the highest character, and was entirely willing to communicate to Congress any proposition you might have to make to that body upon the subject. Of this you were well aware. It was my earnest desire, that such a disposition might he made of the whole subject by Congress, who alone possess the power, as to prevent the inauguration of a civil war between the parties in regard to the possession of the Federal Forts in the harbor of Charleston; and I therefore deeply regret, that, in your opinion, “the events of the last twenty-four hours render this impossible.” In conclusion, you urge upon me “the immediate withdrawal of the troops from the harbor of Charleston,” stating that, “under present circumstances, they are a standing menace which renders negotiation impossible, and as our recent experience shows, threatens speedily to bring to a bloody issue, questions which ought to be settled with temperance and judgment.”

The reason for this change in your position is, that since your arrival in Washington, “an officer of the United States, acting as we (you) are assured, not only without, but against your (my) orders, has dismantled one fort and occupied another, thus altering, to a most important extent, the condition of affairs under which we (you) came.” You also allege that you came here “the representatives of an authority which could, at any time, within the past sixty days have taken possession of the forts in Charleston harbor, but which, upon pledges given in a manner that we (you) cannot doubt, determined to trust to your (my) honor  rather than to its own power.”

This brings me to a consideration of the nature of those alleged pledges, and in what manner they have been observed. In my message of the third of December last, I stated, in regard to the property of the United States in South Carolina, that it “has been purchased for a fair equivalent ‘by the consent of the Legislature of the State,’ ‘for the erection of forts, magazines, arsenals,’ &c, and over these the authority ‘to exercise exclusive legislation’ has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in command of the forts has received orders to act strictly on the defensive. In such a contingency, the responsibility for consequences would rightfully rest upon the heads of the assailants.” This being the condition of the parties, on Saturday, 8th December, four of the representatives from South Carolina called upon me and requested an interview. We had an earnest conversation on the subject of these forts, and the best means of preventing a collision between the parties for the purpose of sparing the effusion of blood. I suggested, for prudential reasons, that it would be best to put in writing what they said to me verbally. They did so accordingly, and on Monday morning, the 10th instant, three of them presented to me a paper signed by all the representatives from South Carolina, with a single exception, of which the following is a copy:
And here I must, in justice to myself, remark, that at the time the paper was presented to me, I objected to the word “provided,” as it might be construed into an agreement, on my part, which I never would make. They said that nothing was farther from their intention — they did not so understand it, and I should not so consider it. It is evident they could enter into no reciprocal agreement with me on the subject. They did not profess to have authority to do this, and were acting in their individual character. I considered it as nothing more, in effect, than the promise of highly honorable gentlemen to exert their influence for the purpose expressed. The event has proven that they have faithfully kept this promise, although I have never since received a line from any one of them, or from any member of the Convention, on the subject. It is well known that it was my determination, and this I freely expressed, not to reinforce the forts in the harbor, and thus produce a collision, until they had been actually attacked, or until I had certain evidence that they were about to be attacked. This paper I received most cordially, and considered it as a happy omen that peace might still be preserved, and that time might thus be gained for reflection. This is the whole foundation for the alleged pledge.

But I acted in the same manner I would have done had I entered into a positive and formal agreement with parties capable of contracting, although such an agreement would have been, on my part, from the nature of my official duties, impossible.

The world knows that I have never sent any reinforcements to the forts in Charleston harbor, and I have certainly never authorized any change to be made “in their relative military status.”

Bearing upon this subject, I refer you to an order issued by the Secretary of War, on the 11th inst., to Major Anderson, but not brought to my notice until the 21st instant.' It is as follows:

Memorandum of verbal instructions to Major Anderson,
1st Artillery, Commanding Fort Moultrie, S. C.

You are aware of the great anxiety of the Secretary of War that a collision of the troops with the people of this State shall be avoided, and of his studied determination to pursue a course with reference to the military force and forts in this harbor, which shall guard against such a collision. He has, therefore, carefully abstained from increasing the force at this point, or taking any measures which might add to the present excited state of the public mind, or which would throw any doubt on the confidence he feels that South Carolina will not attempt by violence to obtain possession of the public works, or interfere with their occupancy. But as the counsel and acts of rash and impulsive persons may possibly disappoint these expectations of the Government, he deems it proper that you should be prepared with instructions to meet so unhappy a contingency. He has, therefore, directed me, verbally, to give you such instructions.

You are carefully to avoid every act which would needlessly tend to provoke aggression; and, for that reason, you are not, without evident and imminent necessity, to take up any position which could be construed into the assumption of a hostile attitude; but you are to hold possession of the forts in this harbor, and, if attacked, you are to defend yourself to the last extremity. The smallness of your force will not permit you, perhaps, to occupy more than one of the three forts; but an attack on, or attempt to take possession of either of them, will be regarded as an act of hostility, and you may then put your command into either of them which you may deem most proper, to increase its power of resistance. You are also authorized to take similar defensive steps whenever you have tangible evidence of a design to proceed to a hostile act.

D. P. BUTLER, Assistant Adjutant General.

Fort Moultrie, S. C, Dec. 11, 1860.

This is in conformity to my instructions to Major Buell.

JOHN B. FLOYD, Secretary of War.

These were the last instructions transmitted to Major Anderson before his removal to Fort Sumter, with a single exception in regard to a particular which does not, in any degree, affect the present question. Under these circumstances, it is clear that Major Anderson acted upon his own responsibility, and without authority, unless, indeed, he had “tangible evidence of a design to proceed to a hostile act,” on the part of the authorities of South Carolina, which has not yet been alleged. Still, he is a brave and honorable officer; and justice requires that he should not be condemned without a fair hearing.

Be this as it may, when I learned that Major Anderson had left Fort Moultrie, and proceeded to Fort Sumter, my first promptings were to command him to return to his former position, and there to await the contingencies presented in his instructions. This could only have been done, with any degree of safety to the command, by the concurrence of the South Carolina authorities. But, before any steps could possibly have been taken in this direction, we received information, dated on the 28th instant, that “the Palmetto flag floated out to the breeze at Castle Pinckney, and a large military force went over last night (the 27th) to Fort Moultrie.” Thus the authorities of South Carolina, without waiting or asking for any explanation, and doubtless believing, as you have expressed it, that the officer had acted not only without, but against my orders, on the very next day after the night when the removal was made, seized, by a military force, two of the three federal forts in the harbor of Charleston, and have covered them under their own flag, instead of that of the United States. At this gloomy period of our history, startling events succeed each other rapidly. On the very day (the 27th instant) that possession of these two forts was taken, the Palmetto flag was raised over the federal Custom House and Post Office in Charleston; and, on the same day, every officer of the Customs — Collector, Naval Officers, Surveyor and Appraisers — resigned their offices. And this, although it was well known, from the language of my message, that, as an executive officer, I felt myself bound to collect the revenue at the port of Charleston under the existing laws. In the harbor of Charleston, we now find three forts confronting each other, over all of which the federal flag floated only four days ago; but now, over two of them, this flag has been supplanted, and the Palmetto flag has been substituted in its stead. It is, under all these circumstances, that I am urged immediately to withdraw the troops from the harbor of Charleston, and am informed that without this, negotiation is impossible. This I cannot do; this I will not do. Such an idea was never thought of by me in any possible contingency. No allusion to it had ever been made in any communication between myself and any human being. But the inference is, that I am bound to withdraw the troops from the only fort remaining in the possession of the United States in the harbor of Charleston, because the officer then in command of all the forts thought proper, without instructions, to change his position from one of them to another. I cannot admit the justice of any such inference.

At this point of writing, I have received information, by telegram, from Captain Humphreys, in command of the Arsenal at Charleston, “that it has to-day (Sunday, the 30th) been taken by force of arms.” It is estimated that the munitions of war belonging to the United States in this Arsenal are worth half a million of dollars.

Comment is needless. After this information, I have only to add, that, whilst it is my duty to defend Fort Sumter, as a portion of the public property of the United States against hostile attacks from whatever quarter they may come, by such means as I may possess for this purpose, I do not perceive how such a defence can be construed into a menace against the City of Charleston.

With great personal regard, I remain

Yours, very respectfully,
JAMES BUCHANAN.
To Honorable
Robert W. Barnwell,
James H. Adams,
James L. Orr.

SOURCE: The Correspondence Between the Commissioners of the State of So. Ca. to the Government at Washington and the President of the United States, p. 5-11

Tuesday, July 31, 2018

Diary of John Beauchamp Jones: October 4, 1863

The major-quartermasters and the acting quartermaster-generals (during the illness or absence of Gen. Lawton) are buffeting the project some of us set on foot to obtain wood at cost, $8, instead of paying the extortioners $40 per cord. All the wagons and teams of Longstreet's corps are here idle, while the corps itself is with Bragg — and the horses are fed by the government of course. These wagons and teams might bring into the city thousands of cords of wood. The quartermasters at first said there were no drivers; but I pointed out the free Yankee negroes in the prisons, who beg employment. Now Col. Cole, the quartermaster in charge of transportation, says there is a prospect of getting teamsters — but that hauling should be done exclusively for the army — and the quartermaster-general (acting) indorses on the paper that if the Secretary will designate the class of clerks to be benefited, some little wood might be delivered them. This concession was obtained, because the Secretary himself sent my second paper to the quartermaster-general — the first never having been seen by him, having passed from the hands of the Assistant Secretary to the file-tomb.

Another paper I addressed to the President, suggesting the opening of government stores for the sale of perishable tithes, — being a blow at the extortioners, and a measure of relief to the nonproducers, and calculated to prevent a riot in the city, — was referred by him yesterday to the Secretary of War, for his special notice, and for conference, which may result in good, if they adopt the plan submitted. That paper the Assistant Secretary cannot withhold, having the President's mark on it.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2p. 61-2

Wednesday, July 18, 2018

Commissioners of the State of South Carolina to James Buchanan, December 28, 1860

Washington, 28th December, 1860.

Sir: We have the honor to transmit to you a copy of the full powers from the Convention of the People of South Carolina, under which we are “authorized and empowered to treat with the Government of the United States for the delivery of the forts, magazines, light houses and other real estate, with their appurtenances, within the limits of South Carolina, and also for an apportionment of the public debt and for a division of all other property held by the Government of the United States as agent of the confederated States, of which South Carolina was recently a member; and generally to negotiate as to all other measures and arrangements proper to be made and adopted in the existing relation of the parties, and for the continuance of peace and amity between this commonwealth and the Government at Washington.”

In the execution of this trust, it is our duty to furnish you, as we now do, with an official copy of the Ordinance of Secession, by which the State of South Carolina has resumed the powers she delegated to the Government of the United States and has declared her perfect sovereignty and independence.

It would also have been our duty to have informed you that we were ready to negotiate with you upon all such questions as are necessarily raised by the adoption of this ordinance, and that we were prepared to enter upon this negotiation with the earnest desire to avoid all unnecessary and hostile collision, and so to inaugurate our new relations as to secure mutual respect, general advantage and a future of good will and harmony beneficial to all the parties concerned.

But the events of the last twenty-four hours render such an assurance impossible. We came here the representatives of an authority which could, at any time within the past sixty days, have taken possession of the forts in Charleston harbor, but which, upon pledges given in a manner that, we cannot doubt, determined to trust to your honor rather than to its own power. Since our arrival here an officer of the United States, acting, as we are assured, not only without but against your orders, has dismantled one fort and occupied another, thus altering, to a most important extent, the condition of affairs under which we came.

Until these circumstances are explained in a manner which relieves us of all doubt as to the spirit in which these negotiations shall be conducted, we are forced to suspend all discussion as to any arrangements by which our mutual interests might be amicably adjusted.

And, in conclusion, we would urge upon you the immediate withdrawal of the troops from the harbor of Charleston. Under present circumstances, they are a standing menace which renders negotiation impossible, and, as our recent experience shews, threatens speedily to bring to a bloody issue questions which ought to be settled with temperance and judgment.

We have the honor, Sir, to be,
Very respectfully,
Your obedient servants,
R. W. BARNWELL,
J. H. ADAMS,
JAMES L. ORR,
Commissioners.
To the President
of the United States.

SOURCE: The Correspondence Between the Commissioners of the State of So. Ca. to the Government at Washington and the President of the United States, p. 3-4

Friday, February 5, 2016

Diary of Sarah Morgan: Thursday, January 1, 1863

1863! Why I have hardly become accustomed to writing '62 yet! Where has this year gone? With all its troubles and anxieties, it is the shortest I ever spent! '61 and '62 together would hardly seem three hundred and sixty-five days to me. Well, let time fly. Every hour brings us nearer our freedom, and we are two years nearer peace now than we were when South Carolina seceded. That is one consolation. ... I learn, to my unspeakable grief, that the State House is burned down.

SOURCE: Sarah Morgan Dawson, A Confederate Girl's Diary, p. 307-8

Monday, June 15, 2015

James Henley Thornwell to the Reverend Mr. Douglas, December 31, 1860


theglogical Seminary, December 31, 1860.

dearly Beloved Brother John: I am astonished that a man so celebrated for “the milk of human kindness” should be found making himself merry over the sorrows and misfortunes of his brethren. Friend Sanderson might change his opinion of the benevolence of your nature, if he could see how you exult over my crazy back and my tottering understanding. But let me tell you that it is all a libel about the tight boots. That part of the story was made up, and I have never been able to trace it to its author.  * * * * * * * *  In relation to elders, I do not require the Session actually to impose hands, but I prefer that they should do it. The minister, acting in the name, and as Moderator of the Session, is enough. But the members of the Session ought to be present, and ought to give the right hand of fellowship.

I have concluded my reply to Dr. Hodge.1 To me it seems perfectly conclusive. I think I have cornered him on every point that he has made; and I have some curiosity to see how he will get out of the scrape. * * * *

Our affairs of State look threatening; but I believe that we have done right. I do not see any other course that was left to us. I am heart and hand with the State in her move. But it is a time for the people of God to abound in prayer. The Lord alone can guide us to a haven of safety. He can bring light out of darkness, and good out of evil. * * * *

As ever,
J. H. Thornwell.
_______________

1An article, entitled “Church Boards and Presbyterianism,” growing out of the debate in the Assembly at Rochester, which may be found in the fourth volume of the “Collected Writings.”

SOURCE: Benjamin Morgan Palmer, The Life and Letters of James Henley Thornwell, p. 485-6

Saturday, June 6, 2015

Governor Francis W. Pickens to Whilliam H. Trescot, December 22, 1860

Sir: The Hon. R. W. Barnwell, the Hon. J. H. Adams and the Hon. James L. Orr have been appointed Commissioners by the Convention to proceed immediately to Washington to present the Ordinance of Secession to the President, and to negotiate in reference to the evacuation of the forts and other matters growing out of the Act of Secession. They will probably arrive on Tuesday next. Please inform the President of this. Answer this.

(Signed)
F. W. Pickens.
"Hon. W. H. Trescot."

SOURCE: Samuel Wylie Crawford, The Genesis of the Civil War: The Story of Sumter, 1860-1861, p. 142

Sunday, November 23, 2014

Diary of Mary Boykin Chesnut: December 21, 1860


Mrs. Charles Lowndes was sitting with us to-day, when Mrs. Kirkland brought in a copy of the Secession Ordinance. I wonder if my face grew as white as hers. She said after a moment: “God help us. As our day, so shall our strength be.” How grateful we were for this pious ejaculation of hers! They say I had better take my last look at this beautiful place, Combahee. It is on the coast, open to gunboats. We mean business this time, because of this convocation of the notables, this convention.1 In it are all our wisest and best. They really have tried to send the ablest men, the good men and true. South Carolina was never more splendidly represented. Patriotism aside, it makes society delightful. One need not regret having left Washington.
_______________

1 The Convention, which on December 20, 1860, passed the famous Ordinance of Secession, and had first met in Columbia, the State capital.

SOURCE: Mary Boykin Chesnut, Edited by Isabella D. Martin and Myrta Lockett Avary, A Diary From Dixie, p. 4

Tuesday, December 21, 2010

The Address Of The People Of South Carolina, Assembled In Convention, To The People Of The Slaveholder States Of The United States

[Written by Robert Barnwell Rhett and adopted by the South Carolina Secession Convention on December 24, 1860.]

It is seventy-three years since the Union between the United States was made by the Constitution of the United States. During this time, their advance in wealth, prosperity and power has been with scarcely a parallel in the history of the world. The great object of their Union was defence against external aggression; which object is now attained, from their mere progress in power. Thirty-one millions of people, with a commerce and navigation which explore every sea, and with agricultural productions which, are necessary to every civilized people, command the friendship of the world. But unfortunately, our internal peace has not grown with our external prosperity. Discontent and contention have moved in the bosom of the Confederacy for the last thirty-five years. During this time, South Carolina has twice called her people together in solemn Convention, to take into consideration the aggressions and unconstitutional wrongs perpetrated by the people of the North on the people of the South. These wrongs were submitted to by the people of the South, under the hope and expectation that they would be final. But such hope and expectation, have proved to be vain. Instead of producing forbearance, our acquiescence has only instigated to new forms of aggression and outrage; and South Carolina, having again assembled her people in Convention, has this day dissolved her connexion [sic] with the States constituting the United States.

The one great evil, from which all other evils have flowed, is the overthrow of the Constitution of the United States. The Government of the United States is no longer the Government of Confederated Republics, but of a consolidated Democracy. It is no longer a free Government, but a despotism. It is, in fact, such a Government as Great Britain attempted to set over our fathers; and which was resisted and defeated by a seven years' struggle for independence.

The Revolution of 1776, turned upon one great principle, self-government, — and self-taxation, the criterion of self-government. Where the interests of two people united together under one Government, are different, each must have the power to protect its interests by the organization of the Government, or they cannot be free. The interests of Great Britain and of the Colonies, were different and antagonistic. Great Britain was desirous of carrying out the policy of all nations towards their Colonies, of making them tributary to her wealth and power. She had vast and complicated relations with the whole world. Her policy towards her North American Colonies was to identify them with her in all these complicated relations; and to make them bear, in common with the rest of the Empire, the full burden of her obligations and necessities. She had a vast public debt; she had an European policy and an Asiatic policy, which had occasioned the accumulation of her public debt; and which kept her in continual wars. The North American Colonies saw their interests, political and commercial, sacrificed by such a policy. Their interests required that they should not be identified with the burdens and wars of the mother country. They had been settled under Charters, which gave them self-government; at least so far as their property was concerned. They had taxed themselves, and had never been taxed by the Government of Great Britain. To make them a part of a consolidated Empire, the Parliament of Great Britain determined to assume the power of legislating for the Colonies in all cases whatsoever. Our ancestors resisted the pretention. They refused to be a part of the consolidated Government of Great Britain.

The Southern States now stand exactly in the same position towards the Northern States, that the Colonies did towards Great Britain. The Northern States, having the majority in Congress, claim the same power of omnipotence in legislation as the British Parliament. "The General Welfare," is the only limit to the legislation of either; and the majority in Congress, as in the British Parliament, are the sole judges of- the expediency of the legislation this " General Welfare" requires. Thus, the Government of the United States has become a consolidated Government; and the people of the Southern States are compelled to meet the very despotism their fathers threw off in the Revolution of 1776.

The consolidation of the Government of Great Britain over the Colonies, was attempted to be carried out by the taxes. The British Parliament undertook to tax the Colonies, to promote British interests. Our fathers resisted this pretention. They claimed the right of self-taxation through their Colonial Legislatures. They were not represented in the British Parliament, and, therefore, could not rightly be taxed by its legislation. The British Government however, offered them a representation in parliament; but it was not sufficient to enable them to protect themselves from the majority, and they refused the offer. Between taxation without any representation, and taxation without a representation adequate to protection, there was no difference. In neither case would the Colonies tax themselves. Hence, they refused to pay the taxes laid by the British Parliament.

And so with the Southern States, towards the Northern States, in the vital matter of taxation. They are in a minority in Congress. Their representation in Congress, is useless to protect them against unjust taxation; and they are taxed by the people of the North for their benefit, exactly as the people of Great Britain taxed our ancestors in the British Parliament for their benefit. For the last forty years, the taxes laid by the Congress of the United States, have been laid with a view of subserving the interests of the North. The people of the South have been taxed by duties on imports, not for revenue, but for an object inconsistent with revenue — to promote, by prohibitions, Northern interests in the productions of their mines and manufactures.

There is another evil, in the condition of the Southern towards the Northern States, which our ancestors refused to bear towards Great Britain. Our ancestors not only taxed themselves, but all the taxes collected from them, were expended amongst them. Had they submitted to the pretentions of the British Government, the taxes collected from them would have been expended in other parts of the British Empire. They were fully aware of the effect of such a policy in impoverishing the people from whom taxes are collected, and in enriching those who receive the benefit of their expenditure. To prevent the evils of such a policy, was one of the motives which drove them on to Revolution. Yet this British policy has been fully realized towards the Southern States, by the Northern States. The people of the Southern States are not only taxed for the benefit of the Northern States, but after the taxes are collected, three-fourths of them are expended at the North. This cause, with others, connected with the operation of the General Government, has made the cities of the South provincial. Their growth is paralyzed; they are mere suburbs of Northern cities. The agricultural productions of the South are the basis of the foreign commerce of the United States; yet Southern cities do not carry it on. Our foreign trade is almost annihilated. In 1740, there were five ship-yards in South Carolina, to build ships to carry on our direct trade with Europe. Between 1740 and 1779, there were built in these yards, twenty-five square-rigged vessels, besides a great number of sloops and schooners, to carry on our coast and West India trade. In the half century immediately preceding the Revolution, from 1725 to 1775, the population of South Carolina increased seven-fold.

No man can, for a moment, believe that our ancestors intended to establish over their posterity, exactly the same sort of Government they had overthrown. The great object of the Constitution of the United States, in its internal operation, was, doubtless, to secure the great end of the Revolution — a limited free Government — a Government limited to those matters only, which were general and common to all portions of the United States. All sectional or local interests, were to be left to the States. By no other arrangement would they obtain free Government, by a Constitution common to so vast a Confederacy. Yet, by gradual and steady encroachments on the part of the people of the North, and acquiescence on the part of the South, the limitations in the Constitution have been swept away; and the Government of the United States has become consolidated, with a claim of limitless powers in its operations.

It is not at all surprising, such being the character of the Government of the United States, that it should assume to possess power over all the institutions of the country. The agitations on the subject of slavery, are the natural results of the consolidation of the Government. Responsibility follows power; and if the people of the North have the power by Congress "to promote the general welfare of the United States," by any means they deem expedient, — why should they not assail and overthrow the institution of slavery in the South? They are responsible for its continuance or existence, in proportion to their power. A majority in Congress, according to their interested and perverted views, is omnipotent. The inducements to act upon the subject of slavery, under such circumstances, were so imperious, as to amount almost to a moral necessity. To make, however, their numerical power available to rule the Union, the North must consolidate their power. It would not be united, on any matter common to the whole Union — in other words, on any constitutional subject — for on such subjects divisions are as likely to exist in the North as in the South. Slavery was strictly a sectional interest. If this could be made the criterion of parties at the North, the North could be united in its power; and thus carry out its measures of sectional ambition, encroachment and aggrandizement. To build up their sectional predominance in the Union, the Constitution must be first abolished by constructions; but that being done, the consolidation of the North, to rule the South, by the tariff and slavery issues, was in the obvious course of things.

The Constitution of the United States was an experiment. The experiment consisted, in uniting under one Government, peoples living in different climates, and having different pursuits and institutions. It matters not, how carefully the limitations of such a Government be laid down in the Constitution — its success must, at least, depend upon the good faith of the parties to the constitutional compact, in enforcing them. It is not in the power of human language to exclude false inferences, constructions and perversions, in any Constitution; and when vast sectional interests are to be subserved, involving the appropriation of countless millions of money, it has not been the usual experience of mankind, that words on parchments can arrest power. The Constitution of the United States, irrespective of the interposition of the States, rested on the assumption that power would yield to faith — that integrity would be stronger than interest; and that thus, the limitations of the Constitution would be observed. The experiment has been fairly made. The Southern States, from the commencement of the Government, have striven to keep it within the orbit prescribed by the Constitution. The experiment has failed. The whole Constitution, by the constructions of the Northern people, has been absorbed by its preamble. In their reckless lust for power, they seem unable to comprehend that seeming paradox —  that the more power is given to the General Government, the weaker it becomes. Its strength consists in the limitation of its agency to objects of common interests to all sections. To extend the scope of its power over sectional or local interests, is to raise up against it opposition and resistance. In all such matters, the General Government must necessarily be a despotism, because all sectional or local interests must ever be represented by a minority in the councils of the General Government — having no power to protect itself against the rule of the majority. The majority, constituted from those who do not represent these sectional or local interests, will control and govern them. A free people cannot submit to such a Government. And the more it enlarges the sphere of its power, the greater must be the dissatisfaction it must produce, and the weaker it must become. On the contrary, the more it abstains from usurped powers, and the more faithfully it adheres to the limitations of the Constitution, the stronger it is made. The Northern people have had neither the wisdom nor the faith to perceive, that to observe the limitations of the Constitution was the only way to its perpetuity.

Under such a Government, there must, of course, be many and endless "irrepressible conflicts," between the two great sections of the Union. The same faithlessness which has abolished the Constitution of the United States, will not fail to carry out the sectional purposes for which it has been abolished. There must be conflict; and the weaker section of the Union can only find peace and liberty in an independence of the North. The repeated efforts made by South Carolina, in a wise conservatism, to arrest the progress of the General Government in its fatal progress to consolidation, have been unsupported, and she has been denounced as faithless to the obligations of the Constitution, by the very men and States, who were destroying it by their usurpations. It is now too late to reform or restore the Government of the United States. All confidence in the North is lost by the South. The faithlessness of the North for a half century, has opened a gulf of separation between the North and the South which no promises nor engagements can fill.

It cannot be believed, that our ancestors would have assented to any union whatever with the people of the North, if the feelings and opinions now existing amongst them, had existed when the Constitution was framed. There was then no tariff — no fanaticism concerning negroes. It was the delegates from New England who proposed in the Convention which framed the Constitution, to the delegates from South Carolina and Georgia, that if they would agree to give Congress the power of regulating commerce by a majority, that they would support the extension of the African Slave Trade for twenty years. African slavery existed in all the States but one. The idea that the Southern States would be made to pay that tribute to their northern confederates which they had refused to pay to Great Britain; or that the institution of African slavery would be made the grand basis of a sectional organization of the North to rule the South, never crossed the imaginations of our ancestors. The Union of the Constitution was a union of slaveholding States. It rests on slavery, by prescribing a representation in Congress for three-fifths of our slaves. There is nothing in the proceedings of the Convention which framed the Constitution, to show that the Southern States would have formed any other Union; and still less, that they would have formed a Union with more powerful non-slaveholding States, having majority in both branches of the Legislature of the Government. They were guilty of no such folly. Time and the progress of things have totally altered the relations between the Northern and Southern States, since the Union was established. That identity of feelings, interests and institutions which once existed, is gone. They are now divided, between agricultural — and manufacturing, and commercial States; between slaveholding and non-slaveholding States. Their institutions and industrial pursuits have made them totally different peoples. That equality in the Government between the two sections of the Union which once existed, no longer exists. We but imitate the policy of our fathers in dissolving a union with non-slaveholding confederates, and seeking a confederation with slaveholding States. Experience has proved that slaveholding States cannot be safe in subjection to non-slaveholding States. Indeed, no people can ever expect to preserve its rights and liberties, unless these be in its own custody. To plunder and oppress, where plunder and oppression can be practiced with impunity, seems to be the natural order of things. The fairest portions of the world elsewhere, have been turned into wildernesses, and the most civilized and prosperous communities have been impoverished and ruined by anti-slavery fanaticism. The people of the North have not left us in doubt as to their designs and policy. United as a section in the late Presidential election, they have elected as the exponent of their policy, one who has openly declared that all the States of the United States must be made free States or slave States. It is true, that amongst those who aided in his election, there are various shades of anti-slavery hostility. But if African slavery in the Southern States be the evil their political combination affirms it to be, the requisitions of an inexorable logic, must lead them to emancipation. If it is right to preclude or abolish slavery in a Territory, why should it be allowed to remain in the States? The one is not at all more unconstitutional than the other, according to the decisions of the Supreme Court of the United States. And when it is considered that the Northern States will soon have the power to make that Court what they please, and that the Constitution never has been any barrier whatever to their exercise of power, what check can there be, in the unrestrained counsels of the North, to emancipation? There is sympathy in association, which carries men along without principle; but when there is principle, and that principle is fortified by long-existing prejudices and feelings, association is omnipotent in party influences. In spite of all disclaimers and professions, there can be but one end by the submission of the South to the rule of a sectional anti-slavery government at Washington; and that end, directly or indirectly, must be — the emancipation of the slaves of the South. The hypocrisy of thirty years — the faithlessness of their whole course from the commencement of our union with them, [show] that the people of the non-slaveholding North are not, and cannot be safe associates of the slaveholding South, under a common government. Not only their fanaticism, but their erroneous views of the principles of free governments, render it doubtful whether, if separated from the South, they can maintain a free government amongst themselves. Numbers, with them, is the great element of free government. A majority is infallible and omnipotent. "The right divine to rule in kings," is only transferred to their majority. The very object of all Constitutions, in free popular Government, is to restrain the majority. Constitutions, therefore, according to their theory, must be most unrighteous inventions, restricting liberty. None ought to exist; but the body politic ought simply to have a political organization, to bring out and enforce the will of the majority. This theory may be harmless in a small community, having identity of interests and pursuits; but over a vast State — still more, over a vast Confederacy, having various and conflicting interests and pursuits, it is a remorseless despotism. In resisting it, as applicable to ourselves, we are vindicating the great cause of free government, more important, perhaps, to the world, than the existence of all the United States. Nor in resisting it, do we intend to depart from the safe instrumentality, the system of government we have established with them, requires. In separating from them, we invade no rights — no interest of theirs. We violate no obligation or duty to them. As separate, independent States in Convention, we made the Constitution of the United States with them; and as separate independent States, each State acting for itself, we adopted it. South Carolina acting in her sovereign capacity, now thinks proper to secede from the Union. She did not part with her Sovereignty in adopting the Constitution. The last thing a State can be presumed to have surrendered, is her Sovereignty. Her Sovereignty is her life. Nothing but a clear express grant can alienate it. Inference is inadmissible. Yet it is not at all surprising that those who have construed away all the limitations of the Constitution, should also by construction, claim the annihilation of the Sovereignty of the States. Having abolished all barriers to their omnipotence, by their faithless constructions in the operations of the General Government, it is most natural that, they should endeavour to do the same towards us in the States. The truth is, they, having violated the express provisions of the Constitution, it is at an end, as a compact. It is morally obligatory only on those who choose to accept its perverted terms. South Carolina, deeming the compact not only violated in particular features, but virtually abolished by her Northern confederates, withdraws herself as a party from its obligations. The right to do so, is denied by her Northern confederates. They desire to establish a sectional despotism, not only omnipotent in Congress, but omnipotent over the States; and as if to manifest the imperious necessity of our secession, they threaten us with the sword, to coerce submission to their rule.

Citizens of the slaveholding States of the United States! Circumstances beyond our control have placed us in the van of the great controversy between the Northern and Southern States. We would have preferred that other States should have assumed the position we now occupy. Independent ourselves, we disclaim any design or desire to lead the counsels of the other Southern States. Providence has cast our lot together, by extending over us an identity of pursuits, interests and institutions. South Carolina desires no destiny separated from yours. To be one of a great Slaveholding Confederacy, stretching its arms over a territory larger than any power in Europe possesses — with a population four times greater than that of the whole United States when they achieved their independence of the British Empire — with productions which make our existence more important to the world than that of any other people inhabiting it — with common institutions to defend, and common dangers to encounter — we ask your sympathy and confederation. Whilst constituting a portion of the United States, it has been your statesmanship which has guided it, in its mighty strides to power and expansion. In the field, as in the cabinet, you have led the way to its renown and grandeur. You have loved the Union, in whose service your great statesmen have labored, and your great soldiers have fought and conquered — not for the material benefits it conferred, but with the faith of a generous and devoted chivalry. You have long lingered in hope over the shattered remains of a broken Constitution. Compromise after compromise, formed by your concessions, has been trampled under foot by your Northern confederates. All fraternity of feeling between the North and the South is lost, or has been converted into hate; and we, of the South, are at last driven together by the stern destiny which controls the existence of nations. Your bitter experience of the faithlessness and rapacity of your Northern confederates may have been necessary to evolve those great principles of free government, upon which the liberties of the world depend, and to prepare you for the grand mission of vindicating and re-establishing them. We rejoice that other nations should be satisfied with their institutions. Contentment is a great element of happiness, with nations as with individuals. We are satisfied with ours. If they prefer a system of industry, in which capital and labor are in perpetual conflict — and chronic starvation keeps down the natural increase of population — and a man is worked out in eight years — and the law ordains that children shall be worked only ten hours a day — and the sabre and the bayonet are the instruments of order — be it so. It is their affair, not ours. We prefer, however, our system of industry, by which labor and capital are identified in interest, and capital, therefore, protects labor — by which our population doubles every twenty years — by which starvation is unknown, and abundance crowns the land — by which order is preserved by an unpaid police, and many fertile regions of the world, where the white man cannot labor, are brought into usefulness by the labor of the African, and the whole world is blessed by our productions. All we demand of other peoples is to be left alone, to work out our own high destinies. United together, and we must be the most independent, as we are among the most important, of the nations of the world. United together, and we require no other instrument to conquer peace, than our beneficient productions. United together, and we must be a great, free and prosperous people, whose renown must spread throughout the civilized world, and pass down, we trust, to the remotest ages. We ask you to join us in forming a Confederacy of Slaveholding States.

SOURCE: South Carolina. Constitutional Convention, Journal of the Convention of the people of South Carolina, held in 1860-'61, p. 332-44

Monday, December 20, 2010

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 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, 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 3d 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 to be 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 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 the 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 tranquility, 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 the 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 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.


SOURCE: South Carolina. Constitutional Convention, Journal of the Convention of the people of South Carolina, held in 1860-'61, p. 325-31