The Right to Secede

There are many different views of whether the South’s secession

in 1860 and 1861 was legal or not. Yet, in the Constitution, no

article says that a state cannot secede from the Union. It does

say, however, that each state is free and independent, and retains

it’s sovereignty. The states that did withdraw themselves from the

Union were independent and had the legal right to do what they felt

was necessary to preserve their homes.

In 1828, Congress imposed a series of high and unfair tariffs,

which were taxes placed on products imported from foreign countries,

on the South. Because the South’s economy depended mostly on farming

and trade, these tariffs were very unfair. The tax caused more money

to leave the South than to be brought in because their imports cost

more than their exports. When this tariff, known as the Tariff of

Abominations, was put into effect, the South spend a total of $331

million on their imports while the North paid only $31 million.

This great difference existed because the South did more trade with

Europeans than the North. Since the tariffs could not be abolished,

Southern states passed Nullification Laws, and threatened secession

to protect their economy. Northerners would argue that secession

is not the proper way to deal with unfair tariffs, and believed

that the Nullification Acts were unfair to the North. Yet, as part

of the country, Congress had to have known the effects that the

tariffs would have on the Southern economy, and never did they show

sympathy or offer any exceptions to the tariffs. Also, no one in

Congress, or in the North offered any different solutions so they

could not argue with the South’s means of dealing with the tariffs.

By the early 1800s, the North and South had very different beliefs,

life styles, and economies. Northerners worked mainly in factories,

manufacturing goods such as tools and clothing to sell to other

parts of the country and lived in crowded cities. Most Northerners

opposed slavery and believed it to be wrong although many were also

strongly racist. In the South, most of the white population lived

on plantations and farms, varying in size, and grew tobacco, cotton,

and cash crops that they sold mainly to Europe. Southerners supported

slavery and the theory of states’ rights. All of these differences

created a rift that divided the country and grew as time went on.

President Lincoln himself said, "A house divided against itself

cannot stand." Had the Northerners allowed the South to secede

peacefully and keep their way of life, both countries by themselves

could have become quite prosperous; could have continued their trade

with one another; and might have eventually formed new alliances.

Many Southerners favored the idea of secession and supported it

with the theory of states’ rights which says that each state is

independent and has the power to decide whether Congress passes

laws that are unconstitutional. The supporters of states’ rights

held that the national government was a league of independent states,

any of which had the right to secede.

In the Constitution the Bill of Rights prevents the government

from taking a citizen’s property from them. Slaves were viewed as

the property of the slave holder. Northerners refused to enforce

the Fugitive Slave Act, thus denying the South of their property.

Southerners used this part of the Constitution to defend their secession.

Northerners referred to Article 1, Section 10 of the Constitution.

This says that: "No state shall enter into any treaty, alliance

or confederation… or coin money." Also, "No state shall

lay any Imposts or duties on imports or exports…. and No state

shall, without the consent of Congress, lay any duty of tonnage,

keep troops, or ships of war in time of peace, enter into any agreement

or compact with another state, or with a foreign power, or engage

in war unless invaded…" Although this is understandable for

the Congress to pass over states within the Union, each state seceded

separate from each other and at different times, and then formed

their own country. Because of this, none of the laws and requirements

of the Constitution would apply to the South.

These points, among others, can be best summed up by Jefferson

Davis in his farewell address to the United States Senate. "Secession

belongs to a different class of remedies. It is to be justified

upon the basis that the States are sovereign. There was a time when

none denied it. I hope the time may come again when a better comprehension

of the theory of our government, and inalienable rights of the people

of the States, will prevent anyone from denying that each State

is sovereign, and thus may reclaim the grants which it has made

an agent whomsoever."


Casi B.

Alexa H.

Mandy L.

Alex M.

Jennie S.

Source: Right to Secede