The vindication of the Southern States for their Ordinances of Secession in 1861 involves two considerations, namely: their rightful power to withdraw from the Union into which they had entered by voluntary compact; and the causes that justified the exercise of that power.
In treating this question in its twofold aspect, the legal and the moral, it is not intended to vex the weary ear by adducing time-worn arguments; but, believing the case to be one which must be adjusted finally by historical facts, the candid reader is asked, without favor or prejudice, to make a decision on the unquestionable record.
The British Colonies of North America—subsequently the United States—had a common allegiance to the British Crown. Otherwise they were as distinct from one another as they were from Canada, Nova Scotia, and the American islands owned by Great Britain. When, by the violation of both charter and inalienable rights, for which neither redress nor security against repetition could be obtained, some of the colonies decided to sever their connection with the British Crown, they formed an alliance, declared themselves free and independent States, and, with their united strength, made such vigorous resistance to the efforts of the Mother Country to reduce them to subjection that, finally, a Treaty of Peace was made, in September, 1783, in the following words:
"article I. His Britannic Majesty acknowledges the said United States, viz.: New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut and 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," etc., etc.
It has been contended that, although the States were severally named, the recognition was to the Union, not merely as the negotiating agent, but as the supreme authority.
The fallacy of this assumption is shown by the provisions of Articles V. and VII., recognizing the separate, independent power of the respective States to provide for the restitution of all estates, rights, and properties which had been confiscated, belonging to real British subjects ; and also of the estates, rights, and properties of persons resident in districts in the possession of His Majesty's arms, and who had not borne arms against the said United States, etc.
"article XII. There shall be a firm and perpetual peace between His Britannic Majesty and the said States, and between the subjects of the one and the citizens of the other. . And His Britannic Majesty shall also order and cause all archives, records, deeds, and papers belonging to any of the said States, or to their citizens, which, in the course of the war, may have fallen into the hands of his. officers, to be forthwith restored and delivered to the proper States and persons to whom they belonged."
The States, now recognized as free and independent, had, in November, 1777, agreed upon "Articles of Confederation and Perpetual Union," which were referred to the Legislatures of the several States, and, being duly approved, were adopted by the Congress on the 9th day of July, 1778.
From these " Articles of Confederation and Perpetual Union " the subjoined extracts are made:
"article I. The style of this Confederacy shall be, the United States of America."
" Article II. Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by the Confederation delegated to the United States in Congress assembled."
"article X. In determining questions in the United States, in Congress assembled, each State shall have one vote."
"article XIII. Each State shall abide by the determinations of the United States, in Congress assembled, on all questions which by this Confederation is submitted to them. And the articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States and be afterward confirmed by the Legislature of every State."