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Since 24 March 2004
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The Slavery Lie
Slavery was not the cause
of the war
Esteemed historian Eugene Genovese warned that today's
politically correct interpretations of Southern history are a "cultural and political atrocity,"
mostly because of the falsehood
that slavery was the cause of the War Between the States.
Unquestionably, slavery was not the cause of the war.
The South's economic independence from the North was.
The North could not allow its economic colony to secede and
compete against it without total economic collapse.
The collapse of the Northern economy was well underway as the
Southern states seceded. Northern states were facing bankruptcy and anarchy.
Early in the secession debate, there
was noble rhetoric from Northerners
such as Horace Greeley who wrote that the North should
let our "erring sisters go in peace."
But when he started realizing that the
North was totally dependent on the South, and the South was producing the wealth
of the nation in King Cotton, he wanted war. He wanted war like the rest of the
North, because, without the South, they faced ruin.
You can not read a single Northern newspaper editor after January
of 1861 who is not petrified of the impending Northern collapse.
The short reason is that the North did not sell its manufactured
goods to the rest of the world.
It sold overwhelmingly to the South because this was the era
of the Pax Britannica and mighty Great Britain, not the North, ruled the oceans and global
trade.
The South was the North's only significant market and we were captive.
We could pay their exorbitant prices because we were producing the wealth of the
nation in Southern commodities, and cotton was king.
There is no question about
this. It can not be denied. It is a proven fact of economics and history.
The
South was, by far, producing the wealth of the
United States in 1860.
And -- OUTRAGEOUSLY -- the South was paying 3/4ths of the taxes
of the United States through tariffs, yet 3/4ths of the tax money was being spent in the North.
Without the South to sell to, Northern factories stood idle and
the North rushed
headlong into panic. Northern fear reached a crescendo in April, 1861.
Lincoln was under enormous pressure the entire time the Southern
States were seceding.
He faced the specter of going down in history as an abject
failure who led the Northern economic collapse.
He was the first sectional
president in American history and he was about to let his section - the North -
fall into bankruptcy and anarchy.
However, he had the trump card of all tyrants: WAR.
He knew war would solve everything and give him a "magnificent burst of
patriotism" as one writer said. The Constitution be damned.
I'm sure Lincoln thought it would be short and quick and nothing
like what happened or even he might have had second thoughts before
sending a
military mission to Fort Sumter in April, 1861 knowing, full well, it would start
the war.
Lincoln's commander at Fort Sumter,
Major Robert Anderson, said clearly that Lincoln started the war.
Anderson
wrote a letter in response to Lincoln and Secretary of War Cameron's letter that
informed him of the
Fort Sumter reinforcement plans as Northern warships approached Charleston.
Anderson minced no words:
. . . a movement made
now when the South has been erroneously informed that none such will be
attempted, would produce most disastrous results throughout our country. . . .
We shall strive to do our duty, though I frankly say that my heart is not in
the war which I see is to be thus commenced. . . .
The South Was Right
We were right in that conflict -- not just morally, for wanting
freedom and independence, but legally.
Secession was a sacred legal right won by our forefathers of 1776 for their progeny, and we
exercised that right carefully.
We vigorously debated secession, then we elected Unionist and
Secessionist delegates to conventions in each Southern state and they further debated the issue, then
they voted in each state convention to secede.
The convention votes were then ratified in each state by a
popular vote of the people as had occurred with the Constitution.
It was the most pure expression of republican government and democracy
that the world had ever seen for such a large number of people and such a huge
landmass, and it was an affirmation of the South's commitment to constitutional
government and the republic of the Founding Fathers.
Possessing the wealth of the nation in cotton, and anxious to
industrialize and trade freely with the world, the South was a rising star and
would be a formidable competitor for Lincoln and the protectionist mercantilist
North, and they all knew it.
The North grossly mismanaged
its own economy
Northern greed had driven an insatiable demand for government
support from the end of the Revolution on. Unfair Northern monopolies and
protectionism benefited Northern states and penalized the rest of the country
especially the South that had always wanted free trade.
The Morrill Tariff of 1861, which was passed the moment
Southerners seceded and were not in Congress to vote against it, was the
catalyst that brought Northern greed and mismanagement to a head. The Morrill
Tariff immediately began destroying Northern trade and the Northern economy.
The entry of goods into the North after the Morrill Tariff was
approximately 40% to 60% higher than in the South, so nobody on the planet
wanted to do business with the North.
Southerners had wisely prohibited protective tariffs in their
Constitution so entry of goods into the South was a tiny fraction of the cost to
ship to the North.
Southerners were brilliant, while greedy Northerners destroyed
their own economy and made a blockade and war necessary from their standpoint.
Don't take my word
Read Northern newspaper editors anytime after January, 1861 when
most Southern states followed South Carolina's lead and seceded.
Northern newspapers were all utterly petrified about the imminent
Northern collapse and there were abundant signs that anarchy was fast
approaching.
When Lincoln sent an armed naval flotilla into South Carolina to
reinforce Fort Sumter on sovereign South Carolina soil, he knew -- beyond the shadow of a doubt
-- that he was starting a war.
The one who starts a war is not the one who strikes the first
blow, but the one who makes the first blow necessary.
All the Northern rhetoric since the end of the war has tried to
justify
the Northern destruction of the country and the 1,000,000 casualties that went
along with it by saying that the good Northern States invaded the evil South to free the slaves.
Nothing could be further from the truth, as Lincoln himself said
for the first two years of the war.
One only has to remember that five slaves states fought for the
North throughout the war and NONE of their slaves were "freed" by the Emancipation Proclamation.
The Northern invasion of the South was unconstitutional and
immoral and it ranks Lincoln up there with the worst tyrants in world history.
The South was the heir of the original American republic that
declared its independence in 1776. That's why a triumphant George Washington is
in the center of the Great Seal of the Confederacy.
It was about freedom and the rights of states to govern
themselves and protect themselves from a dominating, taxing, constantly
encroaching federal government.
And today, it is about the exact same thing: The rights of our
States verses the tyranny of the "one size fits all" federal government that was
established by the despot Lincoln and the illegal, immoral Northern victory.
The facts are all there. Educate yourself and argue well because
truth is on our side and will eventually prevail.
Deo Vindice
Gene Kizer
Publisher
Charleston, South Carolina
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Secession,
the War Between the States, Reconstruction,
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John C. Calhoun
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Each DVD only $9.93 when purchased as a
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About Dr. Clyde Wilson
Dr. Wilson is
editor of
the Papers of John C. Calhoun, and a professor emeritus at the University of South Carolina. He has
written or edited several books including
Carolina Cavalier: The Life and Mind of James Johnston Pettigrew,
The Essential Calhoun (editor), A Defender of Southern Conservatism: M.E. Bradford and His Achievements, The Meaning of
South Carolina History: Essays in Honor of
George C. Rogers Jr
(co-editor), American Historians, 1607-1865 (Dictionary of Literary
Biography), Defending Dixie: Essays in Southern History and Culture,
and scores of articles. He is unquestionably a top expert on the
War
Between the States, Reconstruction,
and
John C. Calhoun.
See above for additional
biographical information.
Dr. Wilson's volumes include
Volume 3
Part I,
The War Between the States:
Its Causes and Conduct
Volume 4
Part II,
The War Between the States:
Its Causes and Conduct
Volume 16
John C. Calhoun: Last of the Founding Fathers
Volume 18
John C. Calhoun: Prophet
Volume 25
The Causes of the Late War of Independence
Volume 26
The Conduct of the Late War of Independence
Volume 49
Reconstruction
Volume 53
John C. Calhoun Seminar, Part 1
Volume 54
John C. Calhoun Seminar, Part 2
About Dr. Donald Livingston
Dr. Livingston is a
professor of Philosophy at
Emory University in Atlanta. He is a
renowned scholar of Scottish Enlightenment philosopher, economist and
historian, David Hume, and has written several books including
Philosophical Melancholy and Delirium: Hume's Pathology of Philosophy
and Hume's Philosophy of Common Life; he is co-editor of
Hume, A Re-evaluation; Liberty in Hume's "History of England";
and Hume as Philosopher of Society, Politics, and History.
Dr. Livingston has also written and spoken extensively on the right of
secession, and is the driving force behind the highly respected
Abbeville Institute.
Dr. Livingston's volumes include
Volume 10
Secession and the
American Constitutional Tradition
Volume 20
The Philosophical Meaning of the Confederacy
Volume 33
The Fourteenth Amendment
A Perverse Incentive
Volume 37
Part 1 of
Secession: A Constitutional and Philosophical View
Volume 38
Part 2 of
Secession: A Constitutional and Philosophical View
Volume 45
The Ideological Use of Slavery
in American Liberalism
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Founding Fathers
- Vol. 18 - John C.
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- Vol. 53 - John C. Calhoun
Seminar, Part 1
- Vol. 54 - John C. Calhoun
Seminar, Part 2
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Flannery O'Connor
The charming,
articulate and witty Mary Barbara Tate in Volume 60 was a good friend of Flannery O'Connor and is a former editor of the Flannery O'Connor Newsletter. Mrs. Tate is currently associated with the operation of O'Connor's home, Andalusia, in Milledgeville, Georgia.
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Gone with the Wind
Featuring Dr. Mark Winchell,
who was a professor of English at Clemson University when this DVD was shot. Among Dr. Winchell's books are biographies of Agrarians Cleanth
Brooks and Donald Davidson. Dr. Winchell is also featured in the DVDs on the
South in film, specifically Gone with the Wind, Gods and Generals,
Gettysburg and Ride with the Devil.
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Two Literary
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Joel Chandler Harris
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Featuring Dr. Mark Winchell.
Before he passed away, he was a professor of English at Clemson University
and literary scholar. Among
Dr. Winchell's books are biographies of Agrarians Cleanth
Brooks and Donald Davidson. Dr. Winchell is also featured in the DVDs on the
South in film, specifically Gone with the Wind, Gods and Generals, Gettysburg
and Ride with the Devil.
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Vol. 61 - Margaret Mitchell and
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Vol. 64 - Joel
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The
38 Best Volumes
from

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me an e-mail at
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combination and/or quantity of DVDs. If I like it, I'll send you a PayPal button
by e-mail.
Volume 1
Part I of
William Faulkner, Southern Writer
by Dr. Jim Meriwether
Dr. Meriwether is a well-known
William Faulkner scholar and English professor emeritus at the
University
of
South Carolina. He actually knew Faulkner and spent time with him, then
later cataloged Faulkner's papers as a young scholar at Princeton.
Volume 2
Part II of
William Faulkner, Southern Writer
by Dr. Jim Meriwether
For short bio, see Volume 1
Volume 3
Part I of
The War Between the States:
Its Causes and Conduct
by Dr. Clyde N. Wilson
Dr. Wilson is
editor of The Papers of
John C. Calhoun, and a professor emeritus at the University of South Carolina. He has published several books including
Carolina Cavalier: The Life and Mind of James Johnston Pettigrew,
The Essential Calhoun (editor), A Defender of Southern
Conservatism: M.E. Bradford and His Achievements, The Meaning of
South Carolina History: Essays in Honor of George C. Rogers Jr
(co-editor), American Historians, 1607-1865 (Dictionary of Literary
Biography), Defending Dixie: Essays in Southern History and Culture,
and scores of articles. He is an unquestioned expert on the War
Between the States and Reconstruction, and John C. Calhoun.
See additional biographical
information above.
Volume 4
Part II of
The War Between the States:
Its Causes and Conduct
by Dr. Clyde N. Wilson
For short bio, see Volume 3
Volume 10
Secession and the
American Constitutional Tradition
by Dr. Donald Livingston
Dr. Livingston is a
professor of Philosophy at
Emory University in Atlanta. He is a
renowned scholar of Scottish Enlightenment philosopher, economist and
historian, David Hume, and has written several books including
Philosophical Melancholy and Delirium: Hume's Pathology of Philosophy
and Hume's Philosophy of Common Life; he is co-editor of
Hume, A Re-evaluation; Liberty in Hume's "History of England";
and Hume as Philosopher of Society, Politics, and History.
Dr. Livingston has also written and spoken extensively on the right of
secession, and is the driving force behind the highly respected
Abbeville Institute.
Volume 11
Part I of
Charleston Literature
by Dr. David Aiken
Dr. Aiken is a professor of English at
The Citadel, and the College of Charleston, and a noted
William Gilmore
Simms scholar. His published books include the editing of Simms's
eyewitness account of Sherman's burning of Columbia, SC: A City Laid
Waste, The Capture, Sack, and Destruction of the City of Columbia,
published by the University of South Carolina Press in 2005. Dr. Aiken has
lectured on the rich literary heritage of Charleston, South Carolina and
the
Holy City's many outstanding poets and writers.
Volume 12
Part II of
Charleston Literature
by Dr. David Aiken
For short bio, see Volume 11
Volume 16
John C. Calhoun:
Last of the Founding Fathers
by Dr. Clyde N. Wilson
For short bio, see Volume 3
Volume 18
John C. Calhoun: Prophet
by Dr. Clyde N. Wilson
For short bio, see Volume 3
Volume 19
James Henley Thornwell
and the Promise of Southern Theology
by Dr. William Wilson
Dr. William M. Wilson is an assistant dean at the University of Virginia,
College of Arts and Sciences, and a lecturer in the Religious Studies
Department. His specialities are philosophical theology, modern Christian
thought, and religion and literature.
Volume 23
Reclaiming Faulkner,
Part One
by Dr. James E. Kibler
Dr. Kibler is a noted William Gilmore Simms scholar, a poet, novelist
and long-time
English professor at the University of Georgia. He is author of many,
many books including Selected Poems of William Gilmore Simms
(editor), Child to the Waters, Walking Towards Home,
Memory's Keep, Sherman's March from the Sea, Poems from
Scorched Earth, Poetry and the Practical, William Gilmore
Simms: A Reference Guide, and
Our Fathers' Fields: A Southern Story, which was proclaimed an
instant Southern classic. Dr. Kibler is also the author of scores of
articles.
Volume 24
Reclaiming Faulkner,
Part Two
by Dr. James E. Kibler
For short bio, see Volume 23
Volume 25
The Causes of the
Late War of Independence
by Dr. Clyde N. Wilson
For short bio, see Volume 3
Volume 26
The Conduct of the
Late War of Independence
by Dr. Clyde N. Wilson
For short bio, see Volume 3
Volume 29
Getting Even:
The Morality of Revenge
by Dr. Thomas Fleming
Dr. Fleming is a noted classics scholar, president
of The Rockford
Institute, and editor of
Chronicles
magazine. He is the author of several books including The Politics
of Human Nature, Montenegro, The Divided Land, and The Morality of
Everyday Life. He is an animated speaker with a commanding voice and
articulation, and his lectures on the influence of the classics -- the
study of the civilizations of ancient Greece and Rome -- on Southern
culture, are riveting.
Volume 30
Fighting, Feuding, and Dueling
in the Old South
by Dr. Thomas Fleming
For short bio, see Volume 29
Volume 31
Southern Manners and Honour
by Dr. William Wilson
For short bio, see Volume 19
Volume 33
The Fourteenth Amendment
A Perverse Incentive
by Dr. Donald Livingston
For short bio, see Volume 10
Volume 34
The CSS Hunley
by Mr. Randy Burbage
Includes extensive film footage of
the famous Confederate submarine,
CSS Hunley, on the ocean floor before
she was raised
Mr. Randy Burbage is a member of the
CSS Hunley Commission for the State
of South Carolina, and has been instrumental in preserving and promoting
the Confederate submarine CSS Hunley. Mr. Burbage is a natural leader and
has been involved in a leadership capacity with reenacting and promoting
Southern history for over 25 years. He is currently Commander of the South
Carolina Division of the Sons of Confederate Veterans, and a popular,
personable speaker.
Volume 37
Part I of
Secession:
A Constitutional and Philosophical View
by Dr. Donald Livingston
For short bio, see Volume 10
Volume 38
Part II of
Secession:
A Constitutional and Philosophical View
by Dr. Donald Livingston
For short bio, see Volume 10
Volume 41
Part I of
William Gilmore Simms
by Dr. John C. Guilds
Dr. John Caldwell Guilds is perhaps the foremost
William Gilmore Simms
scholar alive today. He wrote the outstanding biography of Simms,
Simms, A Literary Life, and is editor of Long Years of Neglect: The
Work and Reputation of William Gilmore Simms. Volumes 41 and 42 are
fascinating lectures, and in the audience were several Simms scholars with
excellent questions and comments, such as Dr. James B. Meriwether, featured
in Volumes 1 and 2, and Dr. James Everett Kibler, featured in Volumes 23
and 24.
Volume 42
Part II of
William Gilmore Simms
by Dr. John C. Guilds
For short bio, see Volume 41
Volume 43
Part I of
The Theology of the South:
The Fruits of Orthodoxy and Apostasy
by Rev. Steve Wilkins
Rev. Steve Wilkins is pastor of the
Auburn Avenue Presbyterian Church, Monroe, Louisiana
Volume 44
Part II of
The Theology of the South
by Rev. Steve Wilkins
For short bio, see Volume 43
Volume 45
The Ideological Use of Slavery
in American Liberalism
by Dr. Donald Livingston
For short bio, see Volume 10
Volume 46
The Confederate Constitution
by Dr. Marshall DeRosa
Dr. DeRosa is a
professor of Political Science at
Florida Atlantic University, and an
esteemed constitutional scholar. His book, The Confederate
Constitution of 1861: An Inquiry into American Constitutionalism, is a
definitive study of the Confederate Constitution. His other books include
The Politics of Dissolution: The Quest for a National Identity and the
American Civil War, The Ninth Amendment and the Politics of
Creative Jurisprudence, and An Introduction to the Philosophy of
Law (editor).
Volume 47
M. E. Bradford
by Dr. Mark Winchell
Dr. Mark Winchell is a
professor of English at Clemson University, and an authority on
historically-correct films such as Martin Scorsese's Gangs of New York,
Ang Lee's Ride with the Devil, Victor Fleming's Gone With The
Wind, and Ronald F. Maxwell's Gettysburg, and Gods and
Generals. Dr. Winchell is author of over 120 articles, and several
books including The Vanderbilt Tradition: Essays in Honor of Thomas
Daniel Young, Talmadge: A Political Legacy, A Politician's Life,
and Cleanth Brooks and the Rise of Modern Criticism.
Volume 49
Reconstruction
by Dr. Clyde N. Wilson
For short bio, see Volume 3
Volume 50
North and South:
the Philosophical Divide
by Dr. Thomas Fleming
For short bio, see Volume 29
Volume 51
The Despot's Heel:
Maryland's Ordeal of Reconstruction,
1861-1880
by Dr. Bart Talbert
Volume 52
The Theological Case for Secession
by Dr. William Wilson
For short bio, see Volume 19
Volume 58
An Evening of Antebellum Music,
Part One
Starring world-famous performers
Beau Palmer, Lisa Palmer,
& Kimberly Jackson, with
Rev. Jim Schoolfield narrating
Volume 59
An Evening of Antebellum Music,
Part Two: The Poetry and Music of
John Hill Hewitt
Starring Beau Palmer, Lisa Palmer,
& Kimberly Jackson, with
Rev. Jim Schoolfield narrating
Volume 60
Flannery O'Connor
by Mary-Barbara Tate
Mrs. Tate was a good friend of Flannery O'Connor's and knew her well. Mrs.
Tate spent many hours with O'Connor at O'Connor's home,
Andalusia, in
Milledgeville, Georgia. She is a charming and articulate speaker whom one
can't help but love, and appreciate.
from
Literary Traveler . . .
Mary Barbara Tate, a member of the Flannery O'Connor-Andalusia Foundation
board of directors, fondly remembers her visits to Andalusia during
O'Connor's time there. A professor of English at Georgia College and State
University for twenty-three years, Tate belonged to a reading group that
met every week at the farmhouse to discuss Southern literature chosen by
O'Connor.
Volume 61
Margaret Mitchell and
Gone With The Wind
by Dr. Mark Winchell
For short bio, see Volume 47
Volume 64
Joel Chandler Harris
and Uncle Remus
by Dr. Mark Winchell
For short bio, see Volume 47
Volume 65
Alexander Stephens and a Constitutional View of the Late War Between
the States
by Historian Joseph Stromberg
Joseph R. Stromberg holds the
JoAnn B. Rothbard
chair in history at the Ludwig von Mises Institute in
Auburn, Alabama, and is historian-in-residence there. He lectures
frequently on various topics in Southern history including the
constitutionality of secession, as well as economic issues.

A Detailed CHRONOLOGY
of Secession, with Bibliography
Click here for an excellent, lengthy chronology that includes not only the secession debate in the South, 1860-1861, but such detail as the calling of secession conventions in the different Southern states, the actual convention votes for/against secession, the dates of ratification by the people in their various states with the actual vote totals for/against, the events happening on the national level as the Confederate government is organized at the same time that Lincoln takes over as U.S. president, and all things pertaining to the beginning of the War Between the States. There is also a bibliography divided into primary and secondary sources.

Essays

Coming Soon
-
Esteemed historian Dr. Eugene D. Genovese's UNCOMPLIMENTARY assessment of modern politically correct scholarship on the South and WBTS: "We are witnessing a cultural and political atrocity..."
-
A review of Charles B. Dew's book, Apostles of Disunion, Southern Secession Commissioners and the Causes of the Civil War (sic)
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A summary of the excellent book, Black Bondage in the North
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An article on the laws of the many Northern and Western states that had FORBID free blacks from living there including Lincoln's own Illinois
-
Dr. Charles W. Ramsdell and his acclaimed piece, Lincoln and Fort Sumter, in which he argues persuasively that Lincoln knew he was starting the war when he sent troops to Charleston in April, 1861, during the country's most critical hour
-
The causes of the WBTS in articles written by Southerners who were there
-
New England's secessionist convention: The Hartford Convention

Primary Source Documents
(Official Secession Documents, Gubernatorial Messages, Farewell Speeches, Letters and Addresses of Commissioners, General Speeches, Other Special Documents)
Official Secession Documents
(Declarations, Addresses, Resolutions and Reports that speak officially for a state or county)
-
Address of the People of South Carolina, Assembled in Convention, to the People of the Slaveholding States of the United States, adopted 24 December 1860 (includes background; author Robert Barnwell Rhett)
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Address to the People of Texas, 30 March 1861 (includes background)
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The Botetourt Resolutions of
Judge John J. Allen, adopted 10 December 1860 (includes background and brief biography of Judge John J. Allen, President of the Supreme Court of Virginia)
-
Declaration of Causes Which Impel the State of Texas to Secede from the Federal Union, adopted
2 February 1861
-
Declaration of Independence and Ordinance dissolving the federal relations between the State of Tennessee and the United States of America, adopted
6 May 1861
-
Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union, adopted 24 December 1860 (includes background, author Christopher Gustavus Memminger)
-
Declaration of the Immediate Causes Which Induce and Justify the Secession of Mississippi from the Federal Union, adopted
26 January 1861
-
Joint Resolution of the General Assembly of Alabama, adopted
24 February 1860 (includes background)
-
Ordinance to dissolve the union now existing between the State of Arkansas and the other states united with her under the compact entitled "The Constitution of the United States of America", adopted
6 May 1861
-
Ordinance to repeal the ratification of the Constitution of the United States of America by the State of Virginia, and to resume all the rights and powers granted under said Constitution, adopted
17 April 1861
-
Report on the Causes of the Secession of Georgia, adopted
29 January 1861 (includes background, author Robert Toombs, delivered by E.A. Nisbet)
-
Resolutions on Secession from Floyd County, Georgia, adopted November, 1860
Gubernatorial Messages
Farewell Speeches
(delivered in the Senate, and
House of Representatives of the
United States Congress)
Letters and Addresses
of Commissioners
(from one Southern state to another)
General Speeches
-
Henry L. Benning's Secessionist speech in Milledgeville, Georgia
19 November 1860 (includes biography of "Rock" Benning, for whom the U.S. Army Base in Columbus, Georgia, Fort Benning, is named)
-
Honorable Williamson R. W. Cobb of Alabama, speech delivered in the United States House of Representatives 7 January 1861 (includes brief biography of Rep. Cobb)
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Letter from Honorable John H. Reagan, member of the United States House of Representatives from Texas, 19 October 1860 (includes biography of Rep. Reagan)
-
Opening Speech by then
temporary president of the South Carolina Secession Convention, General David F. Jamison,
17 December 1860 (includes background, biography of Gen. Jamison)
-
Speech of C. Q. Lemmonds, Esq., of Union (North Carolina) on the Convention Bill, 17 January 1861 (includes brief biography)
-
Speech of Edmund S. Dargan in the Secession Convention of Alabama,
11 January 1861 (includes brief biography)
-
Speech of United States Representative John H. Reagan of Texas,
January 15, 1861
-
Speech of William Lowndes Yancy, "The Constitution and the Union",
10 November 1860 (includes biography of William Lowndes Yancy)
-
Speech of William Lowndes Yancy, "Equal Rights in a Common Government",
21 September 1860
-
Thomas R. R. Cobb's Secessionist Speech, Milledgeville, Georgia, 12 November 1860 (includes biography of Thomas R. R. Cobb)
Other Special Documents
|

The South Carolina Sovereignty Flag, 1860.
The Right of Secession
by Gene H. Kizer, Jr.
(click
here for
full-page format)
There is no evidence that
secession was illegal or prohibited by the Constitution, and in fact there
is almost overwhelming evidence to the contrary, that secession was a legal,
constitutionally sanctioned act. Historian Kenneth M. Stampp, in his book The Imperiled Union, maintains that it is
impossible to say that secession was illegal because of the ambiguity of the
original Constitution as to state sovereignty and the right of secession. He
points out that "the case for state sovereignty and the constitutional right
of secession had flourished for forty years before a comparable case for a
perpetual Union had been devised," and even then its logic was "far from
perfect because the Constitution and the debates over ratification were
fraught with ambiguity."1 It appears that the original
intent
of an unquestioned right of secession was established by the Founders, took
root and "flourished for forty years," then
later a "perpetual Union" counter-argument developed out of political necessity when Northern states began realizing their
wealth and power was dependent on the Union and its exploitation of the
South.
There had to be a specific constitutional prohibition on secession for it to
be illegal. Conversely, there did not have to be a specific constitutional
affirmation of the right of secession for it to be legal. Why? Because the
10th Amendment to the United States Constitution states:
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.
There was no constitution prohibition on secession, nor was there a
constitutional sanctioning of any kind of federal coercion to force a state
to obey a federal law because to do so was to perpetrate an act of war on
the offending state by the other states, for whom the federal government was
their agent.
The arguments for the right of
secession are unequivocal. There is the constitutional right based on the
Compact Theory, and the revolutionary right based on the idea that a free
people have the right to change their government anytime they see fit. The
Compact Theory views the Constitution as a legal agreement between the
states - a compact - and if any one state violates the compact, then the
entire agreement becomes null and void. Northern states unquestionably
violated the Constitution on a number of grounds including unconstitutional
Personal Liberty Laws on their books, as well as by deliberately harboring
fugitives from justice by protecting the sons of John Brown who were wanted
by Virginia for murder at Harpers Ferry. Northern states also made a mockery
of the Constitution's Preamble, which states clearly that the Constitution
was established to "insure domestic Tranquility" and "promote the general
Welfare." Certain prominent Northern leaders with the acquiescence of states
like Massachusetts were utterly at war with the South and doing everything
they could to destroy the domestic tranquility of Southern states by
encouraging slaves to murder white people, poison wells, destroy property
and commit other acts of rapine. John Brown himself had been encouraged and
financed in the North.
The revolutionary right of secession is
based on the Declaration of Independence and the philosophy of Thomas
Jefferson and John Locke, 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 new government, . . .
These words come directly from the Declaration of Independence.
This passage was also used, verbatim, in South Carolina's Declaration of
the Immediate Causes Which Induce and Justify the Secession of South
Carolina from the Federal Union. A similar sentiment was expressed by
Abraham Lincoln in 1847 on the floor of the United States House of
Representatives:
Any people, anywhere, being inclined and having the power, have the
right to rise up and shake off the existing government, and form a new one
that suits them better. This is a most valuable, a most sacred right, a
right which we hope and believe is to liberate the world.2
Horace Greely's New York Daily Tribune published a long, emotional editorial on December 17, 1860, the day South Carolina's Secession
Convention began, strongly supporting the right of secession on the
revolutionary basis. The Tribune used the exact same passage used in
South Carolina's Declaration of Immediate Causes, which comes from the
Declaration of Independence, reiterating that the "just powers" of
government come from the "consent of the governed" and "'whenever any form
of government becomes destructive of these ends, it is the right of the
people to alter or abolish it, and institute a new government,' &c., &c.",
adding that
We do heartily accept this doctrine, believing it intrinsically sound,
beneficent, and one that, universally accepted, is calculated to prevent
the shedding of seas of human blood. And, if it justified the secession
from the British Empire of Three Millions of colonists in 1776, we do not
see why it would not justify the secession of Five Millions of Southrons
from the Federal Union in 1861.3
The Tribune goes on to say it "could not stand up for coercion,
for subjugation," because "We hold the right of self-government sacred," and
if the Southern States want out, "we shall feel constrained by our devotion
to Human Liberty to say, Let Them Go!", because self-government is one of
the "Rights of Man."4
The States' Rights Hartford
Convention of New England, aggrieved by the financial losses of New
Englanders in shipping during the War of 1812, met in 1815 and seriously
discussed seceding from the Union. The Convention selected representatives
to go to Washington to present its grievances to the government. It even
chose a military leader should its grievances be
ignored, and made arrangements for a second convention, if necessary, to
make specific plans to secede. Commissioners were sent to Washington but
upon arriving found that the War of 1812 had ended, therefore it was not
necessary to air their grievances. The Journal of the Hartford Convention
bristles with references to state sovereignty, and uses States' Rights language such as the right of a state to decide for
itself when a violation of the Constitution occurred. One quote from the
Hartford Convention Journal, justifying secession, sums it up:
Whenever it shall appear that these causes are radical and permanent, a
separation by equitable arrangement, will be preferable to an alliance by
constraint, among nominal friends, but real enemies, inflamed by mutual
hatred and jealousy, and inviting by intestine division, contempt and
aggression from abroad.5
Some excellent constitutional arguments are summarized in an article
entitled "The Foundations and Meaning of Secession," by Mr. H. Newcomb
Morse, in the Stetson Law Review, a publication of the
Stetson University College of Law.6 Morse writes that the War
Between the States did not prove that secession was illegal because
many incidents both preceding and following the War support the
proposition that the Southern States did have the right to secede from the
Union. Instances of nullification prior to the War Between the States,
contingencies under which certain states acceded to the Union, and the
fact that the Southern States were made to surrender the right to
secession all affirm the existence of a right to secede . . .7
He adds that the Constitution's "failure to forbid secession" and
amendments dealing with secession that were proposed in Congress as Southern
states were seceding strengthened his argument that "the Southern States had
an absolute right to secede from the Union prior to the War Between the
States."8
Morse argues that because the Constitution did not forbid
secession, then every state acceding to the Constitution had the implied
right to secede from it. He says that if men of the caliber of Madison,
Hamilton, Wilson and the others meant to forbid secession they definitely
would have said so, and the omission of a prohibition on secession in the
Constitution is strong proof that the right of secession existed and was
assumed. He quotes James Madison from The Madison Papers who wrote
"a breach of any one article by any one party, leaves all other parties at
liberty to consider the whole convention as dissolved."9 Vermont
and Massachusetts, he points out, nullified with statutes, the Fugitive
Slave Law of 1793, and those two breaches of the compact alone were enough
for the South to consider the compact dissolved.
There were many other violations of
the Constitution discussed throughout the secession debate including Northern Personal Liberty Laws
that, in
effect, nullified the Fugitive Slave Law of the Compromise of 1850 as well
as Article IV, Section 3 of the Constitution, which dealt with fugitive
slaves. At least ten Northern states had statutes that nullified the two
aforementioned laws.
Other breaches of the Constitution included, as stated earlier, the harboring of fugitives from
justice in the North, specifically two of John Brown's sons who were with
Brown at Harpers Ferry and were wanted in Virginia for murder, but were being harbored in Ohio and Iowa.
Brown himself had been encouraged by Northerners and financed by Northern
money. Certain Northern leaders, again, with the acquiescence of states like
Massachusetts, tried desperately to destroy "domestic Tranquility"
in the South by sending incendiary abolitionist material in the
mail encouraging slaves to revolt and murder. Lincoln's own Republican Party
published 100,000 copies of Hinton
Helper's The Impending Crisis, which called for slave revolt, and
Republicans in Congress endorsed the book and used it as a campaign tool.
To prove the right of a state to determine for itself when the
Constitution has been violated, Morse quotes Jefferson's Kentucky
Resolutions which point out that if the government had the right to
determine when the Constitution was violated, then the government would be
the arbiter of its own power and not the Constitution. The Kentucky
Resolutions also reaffirm state sovereignty and independence.10
Morse demonstrates that congressional discussions and proposed
legislation during the secession of Southern states indicated that Congress
believed the right of secession to exist. One piece of legislation was introduced to deal
with the disposition of federal property within a seceding state, as well as
a seceding state's assumption of its share of the national debt. Another
scrambled to forbid secession unless approved by two-thirds of the members
of both Houses of Congress, the president, as well as all the states. Morse
then points out that thirty-six years earlier, Chief Justice John Marshall,
in Gibbons v. Ogden wrote that "limitations of a power furnish a
strong argument in favor of the existence of that power. . . .11
He concludes:
What would have been the point of the foregoing proposed amendments to
the Constitution of the United States prohibiting or limiting the right of
secession if under the Constitution the unfettered right of secession did
not already exist? Why would Congress have even considered proposed
amendments to the Constitution forbidding or restricting the right of
secession if any such right was already prohibited, limited or
non-existent under the Constitution?12
Morse goes on to discuss the conditional ratification of the Constitution
by three of the original thirteen states, which carefully reserved the right
of secession. They were Virginia, New York, and Rhode Island. Virginia used
the exact wording of her conditional ratification of the U.S. Constitution,
in her Ordinance of Secession. Morse points out that since the other states,
which had unconditionally ratified the Constitution, consented to Virginia's
conditional ratification, then they "ostensibly assented to the principle
that Virginia permissibly retained the right to secede." He adds that with
the additional acceptance of "New York's and Rhode Island's right to secede,
the existing states of the Union must have tacitly accepted the doctrine of
secession." Further, Morse states that according to the Constitution, all
the new states that joined the Union after the first thirteen also had the
right of secession since new states entered on an equal footing with the
exact same rights as the existing states.13
Southerners during the secession debate knew and understood this
argument. Senator Judah P. Benjamin of Louisiana, a brilliant legal mind who
was later Attorney General, Secretary of War and Secretary of State of the
Confederacy, in his farewell speech to the United States Senate on February
5, 1861, said:
The rights of Louisiana as a sovereign state are those of Virginia; no
more, no less. Let those who deny her right to resume delegated powers,
successfully refute the claim of Virginia to the same right, in spite of
her expressed reservation made and notified to her sister states when she
consented to enter the Union.14
Morse skips forward to Reconstruction, and points out that "the Northern
occupational armies were removed from Arkansas, North Carolina, Florida,
South Carolina, Mississippi, and Virginia only after those former
Confederate States had incorporated in their constitutions a clause
surrendering the right to secede." Morse then argues brilliantly that
by insisting that the former Confederate States surrender their right
to secede, the United States government had implicitly admitted that those
states originally had the right. How could they surrender a right, unless
they had it in the first place?15
To summarize, Morse points out that before the war, under Virginia's
conditional ratification of the Constitution, when the people decided that
government power had been "perverted to their injury or oppression," they
had the right to secede. When Northern states passed Personal Liberty Bills
and other statutes nullifying the fugitive slave laws of the Constitution
(Article IV, Section 3), a "perversion" occurred which gave the Southern
states the right to secede. Reinforcing that "perversion" even further was
the Federal government's not forcing those Northern states to abide by the
Constitution, therefore
the Northern States conceivably "perverted" national law to the "injury
or oppression" of the people of the Southern States. Thus, the
reassumption of the powers of government by the people of the Southern
States was a natural consequence of the Northern States' conduct and the
federal government's failure to prohibit that conduct.16
The only other issue, according to Morse, was whether the Southern states
conducted their act of secession legally. Morse points out that the people
are the sovereign, having supreme, absolute and perpetual power, therefore
secession would have to be accomplished by the people of each state rather
than even the legislatures. He says "convention delegates elected by the
people of the state to decide one question constitute authority closer to
the seat of the sovereign -- the people themselves," therefore a convention
in each Southern state would be necessary as a "special agent of the people
of the state." Did the Southern states conduct themselves legally and
therefore perfect their acts of secession and independence? Morse says:
When the Southern States seceded from the Union in 1860 and 1861, not
one state was remiss in discharging this legal obligation. Every seceding
state properly utilized the convention process, rather than a legislative
means, to secede. Therefore, not only did the Southern States possess the
right to secede from the Union, they exercised that right in the correct
manner.17
Morse's conclusion is that "conceivably, it was the Northern States that
acted illegally in precipitating the War Between the States. The Southern
States, in all likelihood, were exercising a perfectly legitimate right in
seceding from the Union."18
Other evidence of the right of secession abounds. Albert Taylor Bledsoe wrote in 1866 what is
thought to be the best book ever written on the right of secession: Is
Davis a Traitor; or Was Secession a Constitutional Right Previous to the War
of 1861? Dr. Richard M. Weaver, who was, during his lifetime, a
professor and author of several noted books on the South, called Is Davis
a Traitor? "the masterpiece of the Southern apologias." Weaver described
it as a "brilliant specimen of the polemic" out of the entire "extensive
body of Southern political writing."19
Dr. Clyde N. Wilson, long time professor of history at the University of
South Carolina, goes even further. In the Introduction to a 1995 reprint of
Is Davis a Traitor?, Dr. Wilson lists the top seven books defending
the South and the right of secession and says "Bledsoe did it first and
best," his argument for the right of secession
being "absolutely irrefutable to any honest mind."20 The other
six works that best defend the South and right of secession according to Dr.
Wilson are the two-volume work A Constitutional View of the Late War
Between the States by Alexander H. Stephens, The Rise and Fall of the
Confederate Government by Jefferson Davis, A Defence of Virginia and
Through Her of the South by Robert L. Dabney, The Creed of the Old
South by Basil L. Gildersleeve, The Southern States of the American
Union Considered in their Relations to the Constitution of the United States
and the Resulting Union by Jabez L. M. Curry, and The Lost Cause
by Edward A. Pollard.
According to Dr. Wilson in the Introduction, pages i-viii, Bledsoe was
born in Frankfort, Kentucky, in 1809. He graduated from West Point in 1830
and had been there part of the time with Robert E. Lee, Jefferson Davis,
Leonidas Polk and Albert Sydney Johnston. He loved mathematics and theology,
but practiced law for nine years in Springfield, Illinois, as part of a bar
that included Abraham Lincoln and Stephen A. Douglas. Dr. Wilson writes that
"it was said that Bledsoe won six out of eleven cases tried against
Lincoln," and that he had given Lincoln lessons, at one point, on using a
broadsword because Lincoln had been challenged to a duel. After his legal
career, Bledsoe taught astronomy and mathematics at the University of
Mississippi, acquiring a "legendary" genius for mathematics. In 1854, he
began teaching mathematics at the University of Virginia. During the war,
Bledsoe served briefly as the colonel of a regiment of infantry from
Virginia, then later in the Confederate War Department, and finally he was
sent to Europe by President Davis on what is thought to have been a secret
diplomatic mission to influence public opinion in Britain. After the war,
until his death in 1877, Bledsoe published The Southern Review, in
which he continued to argue the justice and truth of the Southern cause.
Bledsoe began working on Is Davis a Traitor? while in England and
published it just after the war "as a part of the campaign of Davis's
defense." The Confederate President was in a Yankee prison, Fortress Monroe,
where he spent a miserable two years waiting to be tried for treason. He was
in irons with a light shining brightly in his cell twenty-four hours a day
and with Union guards marching back and forth. The bright light was an
additional measure of Yankee viciousness since it was known that Davis had
never been able to sleep except in total darkness.
Davis wanted to be tried for treason because he was confident he could
prove the right of secession. However, he never got his chance, and that
denial of Jefferson Davis' trial on the charge of treason by the Northern
government is additional evidence of the right of secession.
In talking about the effectiveness of
Is Davis a Traitor?,
Richard Weaver writes that
Bledsoe witnessed some practical result of his labor when Robert Oulds
and Charles O'Conor, attorneys for Jefferson Davis, made use of the book
in preparing their defense; but the Federal government, apparently feeling
the weakness of its legal position, allowed the case to be dismissed.21
Here was the North's big chance to prove the South wrong once and for
all in a solemn, dignified court of law in the eyes of the entire world
and for all of posterity, but they refused to take it. Why? They certainly
had not suddenly had a change of heart toward the South. It was
Reconstruction, the body of the assassinated Lincoln was barely cold in the
ground while the hateful Charles Sumner, no doubt still smarting from his
caning by Preston Brooks, along with Thaddeas Stephens and other South
hating radical Republicans were ascending in Congress. Northern troops were
in control of every Southern government while large numbers of former
Confederates were disfranchised. This was exactly the time the federal
government would have wanted to convict the Southern president if it had a
case. The federal government was willing to kill hundreds of thousands of
Southerners on the battle field, so there can be no doubt it would have
relished humiliating Jefferson Davis in a courtroom. It is a virtual
certainty that if the North's case had been strong they would have taken it
to trial and vindicated their war against the hated South once and for all.
That the Federal government did not go to court against the Confederate
president after keeping him in jail for two years charged with treason, is strong evidence that there was indeed a legal right of
secession and the South had exercised it properly. There were no other
treason trials against former Confederates because any one trial would
likely prove the legal right of secession, and imminently practical
Northerners were not about to lose in a court of law what they had won on
the battlefield.
Bledsoe's "irrefutable" argument in Is Davis a Traitor?" begins
with the Constitution as a compact, or legal agreement among the members to
the compact. The reason Bledsoe starts here is because any member that has
acceded to (agreed to) the terms of a compact, can secede from that compact
if the terms are broken by one of the other members. Bledsoe produces the
writings and statements of the strongest opponents of the Constitution as
compact - Daniel Webster and others - who have admitted that if the
Constitution is a compact, then states can secede from it; but who deny that
the Constitution is a compact.22 Webster was the great spokesman
for the North with the credibility and reputation to go along with it.
Bledsoe writes:
Thus, the great controversy is narrowed down to the single question --
Is the Constitution a compact between the States? If so, then the right of
secession is conceded, even by its most powerful and determined opponents;
by the great jurist, as well as by 'the great expounder' (Webster) of the
North.23
The evidence that the North had broken the specific terms and spirit of
the compact if it was a "compact," was substantial. As stated
earlier, Northern states had
statutes on their books nullifying the Constitutional and Congressional law
with regard to fugitive slaves. Many other specific breaches of the
Constitution by the North existed in areas besides slavery. Many in the
North for over two decades believed, as Seward had clearly stated, that they
were operating according to a "higher law" than the Constitution. The more
radical had long called the Constitution a "covenant with death and
agreement with hell."24 So, the North's having broken the compact,
virtually guaranteed that secession was legal if, indeed, the Constitution
was a compact that was "acceded to" by the original makers. Did the original
states "accede" to a compact?
Bledsoe attacks the arguments of Webster and the others one at a time
taking on the strongest, most salient parts of their arguments. For example,
Webster had said "words are things, and things of mighty influence."25
At one point, in the Senate, Webster had railed against the Constitution as
compact. Webster had said that saying "the States acceded to the
Constitution" was "unconstitutional language."26 Of course the
reason he felt that way, as Bledsoe had said, was because if states had acceded to the
Constitution, then it was only logical that they could secede from it.
Discrediting the single word, "accede," was very important to Webster, so
Bledsoe researched in great detail the words of the founders and finds that
in the Constitutional Convention of 1787, "Mr. James Wilson . . . preferred
'a partial union' of the States, 'with a door open for the accession of the
rest.'" However, "Mr. Gerry, a delegate from Massachusetts, was opposed to
'a partial confederacy, leaving other States to accede or not to accede, as
had been intimated.'" Father of the Constitution, James Madison, "used the
expression 'to accede' in the Convention of 1787, in order to denote the act
of adopting 'the new form of government by the States.'" Virginia Governor
Randolph, also at the Convention of 1787, had said "That the accession of
eight States reduced our deliberations to the single question of Union or no
Union." Patrick Henry had said that if the Constitution "be amended, every
State will accede to it." Mr. Grayson asks if Virginia will gain anything
from her prominent position "by acceding to that paper." Benjamin Franklin,
whom Bledsoe says was next in importance at the Constitutional Convention to
Washington, later said "Our new Constitution is now established with eleven
States, and the accession of a twelfth is soon expected." George Washington,
as he watched states join the Constitution, said "If these, with the States
eastward and northward of us, should accede to the Federal government . .
.". Chief Justice John Marshall used the word "accede" in reference to
joining the Constitution, and even Mr. Justice Story, a staunch opponent of
the belief in Constitution as compact, in agreement with Webster, said "The
Constitution has been ratified by all the States; . . . Rhode Island did not
accede to it, until more than a year after it had been in operation;".27
Webster had attacked the word "accede" as something invented by
proponents of the Constitution as compact. His intention was to discredit
his opponents by discrediting the language they were using, but his plan
backfired. Bledsoe points out that Webster's attack on the word "accede" by
calling it a "new word," was ill founded and incorrect because "accede" had
precisely been "the word of the fathers of the Constitution" with Washington
"at their head." They had all used the word "accede" in reference to states
joining the Constitution, and of course, the converse of the word "accede,"
is "secede."28
Over and over Bledsoe demolishes each and every argument that maintains
secession was not legal or a right. To those like Webster, who tried to say
the Constitution was not a compact, Bledsoe offers the words of the Father
of the Constitution, James Madison, in the Virginia Resolutions of 1798,
"That this assembly doth explicitly and peremptorily declare, that it views
the powers of the Federal Government as resulting from the compact, to which
the States are parties." Bledsoe further mentions a letter from Madison to a
Mr. Everett in 1830 in which Madison says that the Constitution is "'a
compact among the States in their highest sovereign capacity.'" Bledsoe then
uses Webster's own words against him, quoting Webster admitting that the
Constitution was a compact in a debate three years earlier, on "Foote's
resolutions."29 Bledsoe says:
that Mr. Webster himself, had, like everyone else, spoken of the
Constitution as a compact, as a bargain which was obligatory on the
parties to it. "it is the original bargain," says he, in that debate; "the
compact -- let it stand; let the advantage of it be fully enjoyed. The
Union itself is too full of benefits to be hazarded in propositions for
changing its original basis. I go for the Constitution as it is, and for
the Union as it is."30
Perhaps the strongest argument against the right of secession, is based
on the wording in the Constitution's Preamble: "We the people." Those who
argue that the Constitution is not a compact, but is a national document,
believe that "We the People" means all of the
American people in one body, and not in their sovereign states. This, says
Bledsoe on page 61, "is the great stronghold, if it has one, of the Northern
theory of the Constitution. The argument from these words appears in every
speech, book, pamphlet, and discussion by every advocate of the North. It
was wielded by Mr. Webster in his great debate with Mr. Calhoun, in 1833, .
. .". If the Constitution was written as a document for all of the American
people in one body, then individual states had no right to withdraw
from it. The committee on style of the Constitutional Convention of 1787 was
headed by Gouverneur Morris of Pennsylvania. Notwithstanding the Northern
nationalist rhetoric, this is what Gouverneur Morris said was the meaning of
the Constitution and those words, "We the people," that he had authored:
The Constitution was a compact not between individuals, but between
political societies, the people, not of America, but of the United States,
each enjoying sovereign power and of course equal rights.31
The "United States" means just that: states that are
united.
Morris himself believed in the right of secession and supported New
England's move to secede during the War of 1812, which culminated in the
Hartford Convention.32 Bledsoe quotes The Madison Papers
and refers to some 900 pages of the proceedings of the Constitutional
Convention of 1787 in which are recorded the debate over method of
ratification. He points out that nowhere in that vast record is there a
discussion of the "people" as meaning the entire American people outside of
their states. The big debate was over whether the legislatures of each state
would ratify the Constitution, or the "people" of each state in special
convention. It was clearly "legislature vs people in convention" of each
state. It was decided by the Constitutional Convention that since a later
legislature might rescind the ratification of an earlier legislature, it
would be a more sound foundation to have the people of each state ratify the
Constitution in special conventions called for the purpose of ratification.33
This is exactly how the South seceded, by secession conventions called
for the single purpose of deciding the issue of secession. And, as Mr. H.
Newcomb Morse said in the Stetson Law Review, "not one state was
remiss in discharging this legal obligation."
There was another problem in that nobody knew how many states, or which
ones, would ratify the Constitution, therefore listing the specific states
in the Preamble could not be done as it had been done in the body of the
Articles of Confederation. If all the states had been listed and one refused
to ratify, then the document would be invalid. The number "nine" was decided
on, as the number of states necessary to put the Constitution into effect,
but in debating the issue it was brought up that the Constitution could
only apply to those states ratifying it, therefore no references could be
made to "all" of the American people. Bledsoe writes that Rufus King
suggested adding "between the said states, so as to confine the operation of
the government to the States ratifying the same."34 The words
were cleaned up and found their way into the Constitution in Article VII
which starts out:
The Ratification of the Conventions of nine States, shall be sufficient
for the Establishment of this Constitution between the States so ratifying
the Same.
Bledsoe further clarifies by writing that "when it was determined that
the Constitution should be ratified by 'the Conventions of the States,' and
not by the legislatures, this was exactly equivalent, in the uniform
language of the Convention of 1787, to saying that it shall be ratified by
'the people of the States.' Hence, the most ardent friend of State rights,
or State sovereignty, saw no reason why he should object to the words, 'We,
the people of the United States,' because he knew they were only intended to
express the mode of ratification by the States . . . in their sovereign
capacity, as so many political societies or peoples, as distinguished from
their legislatures."35
Bledsoe goes on by pointing out that the Federal government had no legal
right whatsoever to coerce a state into following its laws therefore it had
no right to force a seceding state back into the Union. President Buchanan
had stated in his lame duck period between Lincoln's election of November 6,
1860, and March 4, 1861, when Lincoln would be inaugurated, while state
after state was seceding, that as president of the United States he had no
power to coerce a state even though he denied that secession was legal.
Bledsoe notes the contradiction in Buchahan's position and writes "if we
say, that coercion is a constitutional wrong, or usurpation, is not this
saying that the Constitution permits secession, or, in other words, that it
is a Constitutional right?" He says "Coercion is unconstitutional . . .
wrong . . .strikes down and demolishes the great fundamental principle of
the Declaration of Independence, -- the sacred right of self-government
itself." About secession, he says "Secession, on the other hand, asserts the
right of self-government for every free, sovereign, and independent State in
existence."36
Bledsoe discussed the views of credible foreigner observers and writes
that Alexis de Tocqueville, in Democracy in America, said:
The Union was formed by the voluntary agreement of the States; and in
uniting together they have not forfeited their nationality, nor have they
been reduced to the condition of one and the same people. If one of the
States choose to withdraw from the compact, it would be difficult to
disprove its right of doing so, and the Federal Government would have no
means of maintaining its claims directly either by force or right.37
To Tocqueville, Bledsoe adds "Mackay, and Spence, and Brougham, and
Cantu, and Heeren," then he goes on "as well as other philosophers, jurists
and historians among the most enlightened portions of Europe, (who) so
readily adopt the Southern view of the Constitution, and pronounce the
American Union as a confederation of States."38
Bledsoe continues with more persuasive argument, the words of Thomas
Jefferson and Alexander Hamilton, who assert, beyond doubt, that the
Constitution is a compact and the states, sovereign. He discusses William
Rawl of Philadelphia and his book, A View of the Constitution of the
United States, which stresses the right of secession and was used at
West Point during most of the antebellum era, and the State's Rights
Hartford Convention of New England states, which strongly supported the
right of secession. These are but a few of the arguments found in Bledsoe's
persuasive book.
The Southern states did not rush headlong into secession. They had
enormous grievances against the North that were much greater than even
Northern violations of the Constitution. The unfairness of taxation, which
had been the huge issue of the Revolution, was worse for the antebellum
South because three-fourths of the taxes were paid by the South, while
three-fourths of the tax money was spent in the North. It had held down the
development of Southern industry for a half-century and Southerners were
tired of it. Southerners felt the North was already at war with them in many
ways. They saw Northern emissaries sent South to encourage slave uprisings,
murder and rapine, then being applauded in the North for their grisly
successes, especially John Brown. Southerners saw Hinton Helper's book,
The Impending Crisis, which was full of errors on its economics, call
for bloody slave revolt yet be enthusiastically adopted by the Republicans
in Congress as a campaign document. With the election of Republican Lincoln,
Southerners believed those same Republicans would now put into effect the
principles of Helper's book, and there was nothing they could do about it.
For their own safety, Southern states began debating secession. They did so
peacefully and with great intellectual vigor and in the end, the people of
the South struck for independence and self-government, just as their fathers
in the Revolution had.
The North, however, had become
wealthy manufacturing, shipping, and financing for the captive Southern
market, which was rich itself because of King Cotton. The North could not
let the South go without a complete economic collapse that was well underway during the secession winter and spring of
1860-1861. All the noble rhetoric of the Horace Greelys in 1860 about the
"just powers" of the government coming from the "consent of the governed"
was cast aside due to the specter of economic collapse and financial ruin,
thus the war came.
Notes
1Kenneth M. Stampp, The Imperiled Union,
Essays on the Background of the Civil War (New York: Oxford University
Press, 1980), 35-36.
2Abraham Lincoln, 1847 Congressional debate in
the United States House of Representatives in John Shipley Tilley,
Lincoln Takes Command (Nashville: Bill Coats, Ltd., 1991), xv. Tilley's
source, as stated in footnote #4 on page xv, was Goldwyn Smith, The
United States: an Outline of Political History, 1492-1871 (New York and
London, 1893), 248.
3"The Right of Secession," The New-York Daily
Tribune, December 17, 1860, in Howard Cecil Perkins, ed., Northern
Editorials on Secession (Gloucester, MA: Peter Smith, 1964), 199-201.
4"The Right of Secession," The New-York Daily
Tribune, December 17, 1860, in Howard Cecil Perkins, ed., Northern
Editorials on Secession, 199-201. Here is the entire editorial:
We have repeatedly asked those who dissent from our view of this matter
to tell us frankly whether they do or do not assent to Mr. Jefferson's
statement in the Declaration of Independence that governments "derive
their just powers from the consent of the governed; and that, whenever any
form of government becomes destructive of these ends, it is the right of
the people to alter or abolish it, and to institute a new government,"
&c., &c. We do heartily accept this doctrine, believing it intrinsically
sound, beneficent, and one that, universally accepted, is calculated to
prevent the shedding of seas of human blood. And, if it justified the
secession from the British Empire of Three Millions of colonists in 1776,
we do not see why it would not justify the secession of Five Millions of
Southrons from the Federal Union in 1861. If we are mistaken on this
point, why does not some one attempt to show wherein and why? . . . --we
could not stand up for coercion, for subjugation, for we do not think it
would be just. We hold the right of Self-government sacred, even when
invoked in behalf of those who deny it to others . . . if ever 'seven or
eight States' send agents to Washington to say 'We want to get out of the
Union,' we shall feel constrained by our devotion to Human Liberty to say,
Let Them Go! And we do not see how we could take the other side without
coming in direct conflict with those Rights of Man which we hold paramount
to all political arrangements, however convenient and advantageous.
5Journal of the Hartford Convention, as
quoted in George M. Curtis, III, and James J. Thompson, Jr., eds., The
Southern Essays of Richard M. Weaver (Indianapolis: LibertyPress, 1987),
153.
6Stetson University, in DeLand, Florida, was
founded in 1883, and is Florida's first university. Stetson's College of
Law, founded in 1900, is Florida's oldest law school.
7H. Newcomb Morse, "The Foundations and Meaning of
Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 420.
8Morse, "The Foundations and Meaning of
Secession," Stetson Law Review, Vol. XV, No. 2, 1986, 420.
9James Madison, 2 The Madison Papers
(Philadelphia: 1840), 895, in H. Newcomb Morse, "The Foundations and Meaning
of Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 426.
10H. Newcomb Morse, "The Foundations and Meaning
of Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 422-427.
11Chief Justice John Marshall, Gibbons v. Ogden,
22 U.S. (9 Wheat.) 1 (1824), 200, in H. Newcomb Morse, "The Foundations and
Meaning of Secession," Stetson University College of Law, Stetson Law
Review, Vol. XV, No. 2, 1986), 428.
12H. Newcomb Morse, "The Foundations and Meaning
of Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 428.
13H. Newcomb Morse, "The Foundations and Meaning
of Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 428-432.
14Judah P. Benjamin, "Farewell Address to the U.
S. Senate," delivered February 5, 1861, in Edwin Anderson Alderman, and Joel
Chandler Harris, eds., Library of Southern Literature (Atlanta: The
Martin and Hoyt Company, 1907), Volume I, 318.
15H. Newcomb Morse, "The Foundations and Meaning
of Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 433.
16H. Newcomb Morse, "The Foundations and Meaning
of Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 433-434.
17H. Newcomb Morse, "The Foundations and Meaning
of Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 434-436.
18H. Newcomb Morse, "The Foundations and Meaning
of Secession," Stetson University College of Law, Stetson Law Review,
Vol. XV, No. 2, 1986), 436.
19George M. Curtis, III, and James J. Thompson,
Jr., eds., The Southern Essays of Richard M. Weaver (Indianapolis:
LibertyPress, 1987), 152. Richard M. Weaver graduated from the University of
Kentucky in 1932, earned an M.A. degree at Vanderbilt University, and a
doctorate in English from Louisiana State University in 1943. He taught at
the University of Chicago until his death in 1963. He wrote scores of essays
and published several books. He is best known for his books Ideas Have
Consequences, and The Ethics of Rhetoric.
20Albert Taylor Bledsoe, Is Davis a Traitor; or
Was Secession a Constitutional Right Previous to the War of 1861?
(Baltimore: Innes & Company, 1866; reprint, North Charleston: Fletcher and
Fletcher Publishing, 1995), i-ii. Dr. Clyde N. Wilson is a world renowned
scholar of John C. Calhoun, having edited most of Calhoun's voluminous
papers. He has written several books, and numerous articles and essays on
Southern history.
21Curtis and Thompson, eds., The Southern
Essays of Richard Weaver, 153-154.
22Taking on Webster also challenges most of the
others who did not believe the Constitution was a compact, because most of
the others quoted Webster and used his argument.
23Bledsoe, Is Davis a Traitor?, 6.
24Bledsoe, Is Davis a Traitor?, 151-153.
25Bledsoe, Is Davis a Traitor?, 16.
26Bledsoe, Is Davis a Traitor?, 12.
27Bledsoe, Is Davis a Traitor?, 12-17.
28Bledsoe, Is Davis a Traitor?, 17.
29Bledsoe, Is Davis a Traitor?, 25.
30Bledsoe, Is Davis a Traitor?, 25.
31Gouverneur Morris, Life and Writings,
vol. iii., p. 193, as quoted in Bledsoe, Is Davis a Traitor?, 65.
32Bledsoe, Is Davis a Traitor?, 64-65;
Yanak and Cornelison, The Great American History Fact-Finder, 278.
33Bledsoe, Is Davis a Traitor?, 66-73.
34Bledsoe, Is Davis a Traitor?, 72.
35Bledsoe, Is Davis a Traitor?, 73.
36Bledsoe, Is Davis a Traitor?, 154.
37Alexis de Tocqueville, Democracy in America,
as quoted in Bledsoe, Is Davis a Traitor?, 155. The reference to
Democracy in America footnoted by Bledsoe is Vol. i, Chap. xviii., p
413.
38Bledsoe, Is Davis a Traitor?, 157.
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