Jikeva Moore
Dr Robert Bouwman
History 2111
1-10-2018
The Coming of the Civil War
One of the most challenging questions regarding the civil war has been whether the Southern states had the right to secede from the union. No evidence has been given to the state that the secession was illegal as per the constitution despite the right to secede being interpreted in divergent ways. Therefore, the purpose of this discussion is to analyze the set readings on 'John Smith Preston on Secession' and 'Abraham Lincoln's first Inaugural address, 1861' regarding their views on secession and other related aspects.
JOHN PRESTON SMITH: Is it legal for southern states to secede from the Union? What has the North done to cause southern states to leave the Union?
Preston, (1) says that the government assumed the secession right in her sovereign capacity. With this statement, one can deduce that it was constitutionally legal to secede. In this speech, Smith begins with outlining the reasons and says that they are “deemed sufficient to enforce her necessity of exercising that right." The Southern states were exercising their constitutional right breaking away from the union because their existence in the union was not worth a struggle.
The North non-slaveholding states were focusing on the abolition of slavery with the most fearful means like arson and murder. The North, according to Smith, were shaping the government legislation to deprive political equality of the slave states. The slave states were being excluded …" from all interest in the accretions of the government" (Preston, 1). The North succeeded fully decreeing that the union was to admit slave states into the union no longer. This was one of the major reason that the North did to push the Southern state to secede.
The Southern states had numerous slaves, and the Northern states had refused to exercise provisions of the constitution and laws in protecting the property of the slaves. The Northern states had also implemented strict laws that hindered the provisions of slave property protection by the laws and the constitution. About five non-slaveholding states citizens invaded the slaveholding states proclaiming the " annihilation of its people by servile insurrection" (Preston, 2). The North was not supportive of the Southern states due to this forms of invasion regardless of their claimed level of civilization. It is noteworthy that from this speech, one of the states approves of the invasion to the slaveholding states and this is the reason that the North and South could not coexist causing the breakaway.
The Northern states were antislavery, but the Southern states could not exist without slaves. The Northern states viewed the slavery institution as offensive to God, and from their perspective, the Southern states were "bound by the most sacred duty of man to exterminate that institution" (Preston, 2). Therefore the Northern states declared and affected the declaration that slavery existence in the Southern states was offensive and poised a threat to the Northern States social institutions. The Northern States saw the necessity of the South to exterminate slavery and thus the breakaway by the South from the union.
The Northern States, being stronger and having much influence on the government, to realize the extinction of slavery as a sacred and powerful obligation left South Carolina, which was among the Southern State wondering whether the existence in the union worth a struggle and thus seceded. The reasoning was supported by the fact that slaves were more than the Whites in South Carolina. They relied on the slaves for their existence and order of civilization. In conclusion, South Carolina believes that its violated rights and interests are similar to those of the people in Virginia. Smith concludes by requesting the people of Virginia to join the people of South Carolina in secession to protect their slavery rights and interests.
ABRAHAM LINCOLN: Can states break away (secede) from the Union? Why or Why not? What are Lincoln's views toward the South? What are his duties as President of the United States?
According to Lincoln, as the president, he cannot interfere with slavery existence in states either directly or indirectly. He says that he has no " lawful right to do so and no inclination to do so." Therefore, he recognizes that there is anxiety among people in the Southern States that with the Republican Administration accession that their security, peace, and property are likely to be endangered. Lincoln, (1) , asserts that the states have their rights especially regarding the control and order of their domestic institutions. This is regarded as a critical aspect in the balance of power for all stated for the entire political good. Other states therefore have no power to invade the territories of others despite the level of crime committed. With the power bestowed on the states, they can peacefully control their social institutions like slavery without the interference of other states.
" I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual" (Lincoln, 2). This means that the states union is unending legally and no government has a provision for its self-termination. For states union to last, the aspects of the national constitution require to be executed uniformly apart from those aspects not covered by the constitution. From this, a state cannot secede from a union. "…No State upon its mere motion can lawfully get out of the Union that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances."(Lincoln, 2).
As a president, Lincoln has the responsibility of foreseeing that the laws of the union are executed faithfully in all the states and also grant the states and the public protection as per the constitution and the laws when lawfully demanded. As a president, he has the mandate of ensuring that there is perpetual union among states making the country without any violation from a state but to lawfully rescind thus making a proper government. Lincoln (2), has the role of ensuring peace is maintained, and no violence occurs unless the national authority is forced to act. The South seeks to destroy the union and Lincoln, (3) views this aspect as a grave matter upon which what has been built is desired to be broken by the seceding of the south. The South disputes with the North concerning slavery and Lincoln, (2) views this as not a substantial reason for separation by the South and as an essence of anarchy.
In conclusion, the idea of whether secession is legal or not is a continual aspect to be focused on. However, breaking away according to Lincoln, (3) will destroy the benefits, hopes, and memories of America as one nation.
Works Cited
Lincoln, Abraham. First Inaugural Address. 1861.
Preston, John S. "ADDRESS of HON. JOHN S. PRESTON, COMMISSIONER FROM SOUTH CAROLINA, To the Convention of Virginia, February 19, 1861.