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PART IV. HISTORY OF SECESSION AND COMPROMISES
Unit Introduction: In Part four we
briefly examine the history of secession movements following the revolutionary
war until the Southern States secession of 1860-61 and to look at legislations
that used compromises to keep the union intact.
Unit Objective:
To develop
an understanding of the various secessions movements in America, examine the
nature of many compromises legislated to hold the union of states together in
an attempt to avoid Southern State Secession.
A. Early American Secession Attempts
Concern for states' rights and thoughts of secession were not exclusive
to the South. The secession of South Carolina in December of 1860 was not the first
time that secession had been dealt with in the United States. There
had been several secession threats and attempts prior to 1860. Significant
strains to national unity had erupted in earlier times, notably during the
Missouri statehood crisis (1820-1821), the nullification controversy
(1832-1833), and the aftermath of the Mexican War (1849-1850). On each of
these occasions, political leaders managed to find a compromise that
dissipated the danger. Inevitably, compromise proposals were now offered to
avert this new possibility of civil war.
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Daniel Webster
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- Henry Clay
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- Thomas Jefferson
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MASSACHUSETTS 1803: The state of Massachusetts threatened secession in 1803. They were
protesting the Louisiana Purchase. Massachusetts said that this
purchase would dilute their power within the Union. Many of the
politicians in Massachusetts argued that they had the right to secede.
Daniel Webster defended Massachusetts in this attempt. The secession of
Massachusetts
was avoided by negotiation and compromise between Webster, Henry Clay and
President Thomas Jefferson.
WEST FLORIDA REPUBLIC: Seven years after the Louisiana Territory
was purchased from France by the United States, the southeastern portion of
present-day Louisiana found itself under Spanish control. In 1810 the people living in the land of the Florida panhandle,
stretching westward to the southern tip of what would later become
Louisiana, declared independence. Residents of Fort San Carlos rose against
Spanish rule in September 1810, took over the fort, and raised a
Bonnie Blue, a blue flag with one white star in
the middle, as their national flag. The commandant of the militia,
Philemon Thomas, along with John Rhea and other prominent citizens led the
assault, and a former American diplomat, Fulwar Skipwith, was named
president of the West Florida Republic. They declared that they were an
independent nation and developed their own constitution. This republic survived for three months until it was
invaded by troops from the United States. President James Madison
authorized the governor of the U.S. Territory of Orleans, William C. C.
Claiborne, to take over the West Florida Republic with what every force was
necessary. The Louisiana State Archives maintains the original 1810
Constitution of the West Florida Republic along with other documents
pertaining the creation of the republic.
HARTFORD CONVENTION: The New England region, once again, was the subject of secession when
in 1814 all of the New England states, who had earlier demanded that
the United States enter the War of 1812, became dissatisfied with the
war when it cut into their potential for making a profit. New England
states held close mercantile ties to Great Britain. Both Massachusetts
and Connecticut refused to contribute militia to the federal government. In
spite of an embargo enacted by Congress in December 1813, New Englanders
continued to sell supplies to British troops in Canada and to British
vessels offshore. This demand for wartime provisions benefited New England
businessmen and their states, as did the enhanced market for domestic
manufactures.
During the fall of 1814 twenty-six delegates from the New England
states met in Hartford, Connecticut. This meeting is known as the
Hartford Convention. The Hartford Convention had been organized by the Federalist Party.
Of the 26 delegates, 12 were from Massachusetts, 7 from Connecticut, 4 from
Rhode Island, 2 from New Hampshire, and 1 from Vermont. Maine was still a
district within Massachusetts. At this meeting the New England states put
together a list of demands in order to protect the interests of their
region. Federalist extremists, such as John Lowell Jr. and Timothy Pickering, contemplated a separate peace between New
England and Great
Britain. Political cartoons of the day depicted England's King George III
trying to lure Massachusetts, Connecticut, and Rhode Island back into the
British fold. The delegates drafted articles for
secession and drafted proposals to challenge what they saw as President
James Madison's military despotism with the intent to force him to resign. Before the results of this convention could reach Washington, D.C., the
war came to an end.
The news of the Treaty of Ghent ending the war and of Andrew
Jackson’s victory at New Orleans made any recommendation of the convention
a dead letter. Its importance, however, was twofold: It continued the view
of states’ rights as the refuge of sectional groups, and it sealed the
destruction of the Federalist party, which never regained its lost prestige.
It so humiliated the
attendees of the convention the Federalist Party leaders, that
the party ceased to exist as a political force.
TARIFFS AND NULLIFICATION: The system of Tariffs was
triggered from fallout from the War of 1812. The British attempted to
destroy America's manufacturers by competition. The first protective tariff
was passed by Congress in 1816, which was then increasing in 1824, and again
in 1828, the Tariff of Abominations. In 1828 the state of South Carolina threatened secession.
Sectional
differences including financial issues including unfair taxes
and tariffs towards the southern states were already a significant issue. The
United States Federal government was collecting most of its revenues from the
South but was not spending a proportional amount of the revenue in or for
the South. Most of the federal
spending was being done in the northern states, fueling their industrial
growth and helping northern entrepreneurs and speculators to grow rich and
powerful. Unfair tariff laws were passed that economically
discriminated against the South.
One tariff that was placed on
imported goods, the Tariff of Abominations, raised prices on some items as high as
50
percent
above the original European price. So if a item could be imported
from England to Massachusetts for $100, it would cost $150 to import
that same item to Georgia. The Northern interest profited two
ways. The tariff raised the price of British goods so high, that they
could force Southern to buy goods, sometimes of lower quality from Northern
Business. So an item that might have a previous market value of $95 was sold
to the Southern businesses for $120. Another way they could profit was
to buy the good from England at $100 and sell it to Southern businesses for
$135 as a middleman, just below the tariff price, and make a profit without
any manufacturing expenses and no capital restrictions. If the
South bought directly from England either in cash or by trade of goods such
as cotton the extra $50 cost in tariffs to the Federal government.
Either way the Southern business lost a competitive edge. Britain in retaliation
to finding themselves tariffed out of the market, started to refuse to buy
cotton, once again hurting the Southern farmers. These unfair tariff
economics would eventually lead to the 1832
Nullification Doctrine, by John C. Calhoun of South Carolina, which
stated that a state had the right to consider a federal law null and
void within its state boundaries. South Carolinians believed
there was precedence for the nullification of unconstitutional federal
laws. South Carolina called a convention to nullify the tariff acts of
1828 and 1832. The convention declared these tariff acts
unconstitutional and authorized the governor to resist federal efforts to
collect them.
In December of 1832, President Andrew Jackson issued a proclamation
after reinforcing the federal forts located near the harbor in Charleston,
warning the people
of South Carolina that no state can secede from the union "because each secession destroys the unity of a nation."
Jackson was furious over the nullification measures and stated "If
one drop of blood be shed there in defiance of the laws of
the United States, I will hang the first man of them I can get my
hands on to the first tree I can find." Jackson even asked Congress,
in 1833, to pass a force bill allowing him to use the military
to enforce the new tariffs.
Despite these threats Jackson, not wanting to push South Carolina into
open rebellion, welcomed a compromise tariff bill proposed by Henry
Clay. On March 1, 1833,
Congress passed he Great Compromise of 1833 a settlement to reduce the
tariffs in gradual steps to 20% over a nine year period. South Carolina's leaders accepted this
compromise and the South Carolina convention
repealed the act nullifying the earlier tariff law, thus, avoiding South
Carolina's secession for the time being.
According
to this chart produced in 1850, the South produced more than a million
bales of cotton a year, three-fourths of the world's supply. In dollar
value, cotton represented more than half of the nation's exports, making
it a lucrative target for the Northern business and political interests to
control. With the North manipulation of the economy, the South felt
more and more like a colony, not of Great Britain, but this time the
Federal Government.
Unit References and Resources:
"Forrest And His
Campaigns. CASUS BELLI." Southern
Historical Society Papers Vol. VII. Richmond, Va., October 1879. No. 10
"Calhoun--Nullification
Explained. By
Colonel Benjamin E. Green of Dalton, GA." Southern Historical Society Papers.
Vol. XIV. Richmond, Va., January-December 1886
"Letters and Times of the
Tylers" Southern Historical Society Papers.
Vol. XIV. Richmond, Va., January-December 1886
"Annual Reunion of the Association of the Army of
Northern Virginia. The Tariff and Nullification" Southern Historical Society Papers.
Vol. XVII. Richmond, Va., January-December 1889
"The Case Of The South
Against The North." Southern Historical Society Papers. Vol. XXVIII. Richmond, Va.,
January-December 1900
"The Causes Of The War.-Nullification"
Southern Historical Society Papers.
Vol. XXXII. Richmond, Va., January-December 1904
"Living Confederate Principles: A Heritage for All
Time." Southern Historical Society Papers. Richmond, Va., Sept. 1915. New Series, Vol.
2, Old Series, Vol. XL.
"When in the Course of Human Events", by Charles Adams,
Chapters 4, 5, 6
"The Lost Cause: The
Standard Southern History of the War of the Confederates" by Edward A.
Pollard, Chapter 3,
"Story of
the Confederate States" by Joseph T. Derry, Part 2, Chapter 2.
"New England in the Republic", by J.T. Adams
"History of the Hartford
Convention" by Theodore Dwight
"The Story of the West Florida Rebellion", by Stanley C. Arthur
B. Compromise Attempts
Missouri Compromise: By 1818, Missouri Territory had
gained sufficient population to be admission into the Union as a state. Its
settlers came largely from the South, and it was expected that Missouri would be
a states rights state. To a statehood bill brought before the House of
Representatives, James Tallmadge of New York proposed an amendment that would
forbid importation of slaves and would bring about the ultimate emancipation of
all slaves born in Missouri. This amendment passed the House but not the Senate.
The bitterness of the debates emphasized the sectional division of the United
States. In 1820, a bill to admit Maine as a state passed the House. The
admission of Alabama as a states right state in 1819 had brought the states
rights often referred to as southern slave states and the Northern called free
states to equal representation in the Senate, and it was seen that by pairing
Maine and Missouri, this equality would be maintained. The two bills were joined
as one in the Senate, with the clause forbidding slavery in Missouri replaced by
a measure prohibiting slavery in the remainder of the Louisiana Purchase north
the southern boundary of Missouri of (36°30'N latitude) The House failed the
bill. A conference committee of members of both houses was appointed, the bills
were treated separately, and in March 1820, Maine was made a state and Missouri
was authorized to adopt a constitution having no restrictions on slavery.
The 36°30' proviso held until 1854, when the Kansas-Nebraska Act repealed the
Missouri Compromise.
The Compromise
of 1850. The annexation of Texas to the United States and the
gain of new territory by the Treaty of Guadalupe Hidalgo at the close of the
Mexican War aggravated the hostility between North and South concerning the
question of the extension of states rights vs federal regulation into the new
territories, of which extension of slavery, protected by the constitution, was
an issue. The
Northern states favored the proposal to exclude slavery, and
thus Southern influence from all the lands acquired from Mexico. This,
naturally, met with violent Southern opposition. When California sought
admittance to the Union as a free state in 1849, Congress feared the Southern
states might withdraw from the Union altogether since they were losing in the
balance of power to legislate their own destinies as part of the United States.
John C. Calhoun and other Southerners, particularly Jefferson Davis, maintained
that the South should be given guarantees of equal position in the territories,
of the execution of fugitive slave laws, and of protection against the
abolitionists and the group that would become known as the "Radical
Republicans". Henry Clay proposed that a series
of measures be passed as compromise bill. The admission of California as a
free state, the organization of New Mexico and Utah territories without
mention of slavery, the status of that institution to be determined by the
territories themselves when they were ready to be admitted as states, the
prohibition of the slave trade in the District of Columbia, a more stringent
fugitive slave law; and the settlement of Texas boundary were the points of the
compromise. Congress passed these measures as separate bills in
September1850. Many in the North and South saw the compromise as a final
solution to the question of slavery, states rights, and balance of influence in
the nation and would bring an end to the threat of secession.
The Kansas-Nebraska Act of 1854: Congress
established the territories of Kansas and Nebraska which again caused concern
between North and South as to balance in the legislature, and the opportunity
of popular sovereignty, a key component of states rights advocates. By
some it was played up to be another bitter sectional controversy over the
extension of slavery into the territories, further
complicated by conflict
over the location of the projected transcontinental railroad. Again Northern
industrialists wanted to play all the cards with regards to control and
profiteering from the railroad. Because the West was expanding rapidly,
territorial organization and alignments were of great concern to both sections
of the country. Four attempts to organize a single territory for this area had
already been defeated in Congress, largely because of Southern opposition to
the Missouri Compromise. Stephen A. Douglas, chairman of the
Senate Committee on Territories, decided to offer territorial legislation
making concessions to the South. The bill he introduced contained the
provision that the question of slavery should be left to the decision of the
territorial settlers themselves, which was exactly in line with states rights,
popular sovereignty thinking held so dear by the Southern people. Yes
they wanted to maintain a balance of power in the legislature, but they also
wanted the citizens of their state to determine their own laws, rather than
have them dictated by Congress. The Kansas-Nebraska Act contradicted the
provisions of the Missouri Compromise as an amendment was added specifically
repealing that compromise. The popular sovereignty provision caused both
Southern and Northern forces to marshal strength and exert full pressure to
determine the popular decision in Kansas in their own favor, using groups such
as the Emigrant Aid Company. The result was know in history as "Bleeding
Kansas".
Compromise was becoming more and more of a failure between the Northern and the
Southern points of view. Amongst the many reasons for failure were three principal
reasons. First the heart and sentiment of the country lay in burning hatreds,
gnawing distrusts, and unbending prejudices which no new laws or
statutory amendments could quell. Secondly, two distinct, determined
camps of opinion, philosophy and leadership, those being radical Republicans and the
fire-eating secessionists, were committed to mutually incompatible positions. Finally,
Congress as body of politicians was too close to party politics and power to
regional viewpoints,
too prone to posturing for public effect and political one-ups-manship, and too
little thought national in scope. For
compromise to succeed, statesmanship with national rather than regional,
political, or special group economy goals were required. Congress did
not have the inclination, nor the wherewithal at that point in history to
unite for the common good of the states. Throughout the 1850's incidents
of conflict of political and economic interests further alienated
members of the legislature. Statesmanship was replaced by antagonism. An
example was the Brooks-Sumner incident in the House of Representatives in
1856.
As North-South tensions heightened, so did Massachusetts Congressman
Charles Sumner's rhetoric
against the South. In his Crime Against Kansas speech, delivered in May 1856,
he lambasted southern efforts to extend slavery into Kansas and attacked his
colleague, Andrew P. Butler of South Carolina. The South was pictured as evil slave holders, even though the issue the South was stressing was to allow
the people of the new states decide their own fate. Of course, like any
political cause, they sough allies, in this case new states and territories
that would be sympathetic with their political and economic concerns.
Shortly after Sumner's infuriating speech, Butler's cousin, Congressman
Preston Brooks of South Carolina, assaulted Sumner on the Senate floor. At the
presses spin on the incident as seen in the drawing is that the cruel South
and Southerners were the aggressors and the poor North, good and reasonable
were the victims. No attempt was made, at least in the Northern press to
understand the provocation that Brooks felt and which in turn drove him to the
attack. Brooks chose to address this months later in Congress July 14,
1856: "Some time since a Senator from Massachusetts allowed himself,
in an elaborately prepared speech, to offer a gross insult to my State, and to
a venerable friend, who is my State representative, and who was absent at the
time. Not content with that, he published to the world,
and circulated extensively, this uncalled for libel on my State and my blood.
Whatever insults my State insults me. Her history and character have commanded
my pious veneration; and in her defense I hope I shall always be prepared,
humbly and modestly, to perform the duty of a son. I should have forfeited my
own self-respect, and perhaps the good opinion of my countrymen, if I had
failed to resent such an injury by calling the offender in question to a
personal account." He further comment to attacks he received in
the press:" The question has been asked in certain newspapers, why I
did not invite the Senator to personal combat in the mode usually adopted.
Well, sir, as I desire the whole truth to be known about the matter, I will
for once notice a newspaper article on the floor of the House, and answer
here. My answer is, that the Senator would not accept a message; and having
formed the unalterable determination to punish him, I believed that the
offence of "sending a
hostile message," superadded to the indictment
for assault and battery, would subject me to legal penalties more severe than
would be imposed for a simple assault and battery. That is my answer."
This is an other example of how two regions saw the world different.
Duty, honor, action,
were viewed differently in the North than in the
South. A prelude to a bigger, more costly, more blood conflict could be
seen.
On
the floor of the House of Representatives there were angry harangues, denunciations,
and charges, emphasized by bursts of hand-clapping, foot-stomping, and raucous
laughter. In the galleries, applause and hissing emanated from the crowd of
onlookers which often included loafers, clerks, politicians, handsomely dressed ladies and
gentlemen. In the
lobbies, a seething, murmuring, ugly-tempered mass of political maneuvers,
at times using rough language that would have disgraced a barroom was sounded
within the codicils of the congress. Recurrently, speakers lashed out in passages that threatened to
precipitate a general affray.
The scene was no better in the Senate as men raised their fists and
shouted at each other. Threats of violence became commonplace. Sen.
James Hammonds, of South Carolina, said, "The only persons who do
not have a revolver and a knife are those who have two
revolvers." For a time a New England Representative, a
former clergyman, came unarmed, but finally he too bought a pistol. A Louisiana
Congressman threatened to fetch his double-barreled shotgun into the House.
Supporters of both parties in the galleries also bore lethal weapons and
were ready to use them. A single shot or blow might have brought on a
melee which would have shocked the civilized world and perhaps
dissolved the government.
By 1859 a strong current of secession talk was running through the
general speechmaking of Southern members of the two houses of
Congress. Southern champions in Washington were now more determined
than ever before to have Southern grievances addressed. Currents of
sectional antagonism flowed from the House as well as the Senate. The road to separation was being followed. The birth of the Confederacy
was coming closer as men began to see no hope of a formal resolution
of Southern grievances. On December 6, 1860, Senators Brown of
Mississippi,
Iverson of Georgia, and Wigfall of Texas had made
speeches implying that "the heroic South would depart no matter what delusive
concessions were made to her."
Howell Cobb had included in his address to Georgians, on December 6,
1860, a condemnation of compromise. Every hour that Georgia stayed in
the union after Lincoln came into power would be "an hour of
degradation, to be followed by certain and speedy ruin."
Unit References and Resources:
"Annual
Reunion of the Association of the Army of Northern Virginia. Sectional Interest
the True Issue" Southern Historical Society Papers.
Vol.
XVII. Richmond, Va., January-December. 1889.
"The Lost Cause: The
Standard Southern History of the War of the Confederates" by Edward
A. Pollard, Chapter 4.
Congressional Record 1850-1860
"Origin Of The Late
War" Southern
Historical Society Papers, Vol.
I. Richmond, Virginia, January,
1876. No. 1
"A Vindication Of Virginia
And Of The South",
Southern
Historical Society Papers,
Vol.
I. Richmond, Virginia.,
February, 1876. No. 2
"Fifth Annual Meeting Of The Southern Historical Society,
1877. No. 1-2",
Southern
Historical Society Papers,
Vol. V.
Richmond, Virginia, January - February, October 31st., 1877
"Address
of Colonel Edward McCrady, Jr."
Southern Historical
Society Papers.
Vol.
XVI. Richmond, Va., January-December. 1888.
"Development of the Free Soil Idea in the United States", Southern
Historical Society Papers,
Vol.
XVII. Richmond, Va., January-December. 1889.
"The Causes Of The War, Southern Historical Society
Papers,
Vol. XXXII. Richmond, Va., January-December. 1904.
"The Repeal of the Missouri Compromise", by P. O. Ray
"The History of the Confederacy 1832-1865", by Clifford
Dowdey, Chapter 2
"The Story of the Confederate States", by Joseph T. Derry,
Part II, Chapters 2 and 3
C. The Crittenden Compromise
The Crittenden Compromise was authored by Kentucky Senator John
Crittenden a Whig and disciple
of Henry Clay and who
interestingly enough had two sons
that would become
generals on opposite sides in the war. Crittenden was part of a Senate committee
called a "Committee of Thirteen," formed to address the
crisis of the possible secession of the South. The committee
consisted of: Jefferson Davis, of Mississippi, and Robert Toombs, of
Georgia, representing the Lower South; R.M.T. Hunter of
Virginia, Lazarus W. Powell and Crittenden, both of Kentucky, representing
the border land states; Stephen A. Douglas and William M. Bigler of
Pennsylvania and Henry M. Rice of Minnesota, represented the
Northern Democrats; William H. Seward from New York, an ardent abolitionist
and Republican Party founder, Jacob
Collamer, of Vermont, Ben Wade of Ohio, James. R. Doolittle of
Wisconsin and James W. Grimes of
Iowa, representing the Northwestern radicals.
At first, Davis declined to serve because of the position he and his
state were known to occupy, but under the advice of friends he
changed his mind. The committee was named on the very day that South
Carolina seceded from the union. The committee had little time and
would have to act rapidly. It should be noted that not one of the
committee leaders was in close working relations with Lincoln,
especially after Jefferson Davis broke with him. Curiously, Seward,
became the principal intermediary between the committee and the
staunch Unionists of the Cabinet. Leadership within the
committee lay with Crittenden. On the day the committee was formed, Crittenden
proposed six Constitutional amendments, seeking to satisfy both
sides of the sectional crisis.
Crittenden's plan, one of seven offered from within the
committee, received earnest attention. The
Compromise, as offered on December 18, 1860, consisted of a preamble, six
proposed constitutional amendments, and four proposed Congressional
resolutions. Martin Van Buren declared that
the amendments would certainly be ratified by three-fourths of the
states. Crittenden received hundreds of assurances from all over
the North and the border states that his policy had reached the popular
heart. Before long, resolutions and petition were pouring in upon Congress.
In New York City, 63,000 people signed an endorsement of the plan.
Another petition bore the names of 14,000 women, scattered from North
Carolina to Vermont. From St. Louis came nearly a hundred pages of
names, wrapped in the American flag.
But the five Republicans in the committee were influenced not by public
opinion but by personal conviction, party principle, and the
voice of free-soil leaders. The four minor Senators were
inclined to wait for guidance from Seward. Seward was waiting for a
statement of policy from Abraham Lincoln. Lincoln had already made
his mind up. He was never for a moment moved by the Crittenden
Compromise which was one of the most fateful decisions of Abraham Lincoln’s
career. The first committee vote was taken in Seward’s absence and
the proposal was defeated by the Republican majority. Four days later
the committee reported to the Senate that it could reach no
conclusion.
Early in January,
Crittenden rose in the Senate to make a proposal that his compromise should be submitted to the people of the
entire nation for a popular vote. The proposal inspired widespread
enthusiasm. Stephen Douglas declared in the Senate, on the same day
Crittenden’s proposal was made, January 3, 1861, that he would "venture to
prophesy that the Republicans themselves would approve the proposed
amendments." Horace Greeley later declared that in a popular
referendum, the compromise would have prevailed by "an
overwhelming majority." Basically the plan
reaffirmed accepted the boundary between free and slave states that had been
set by the Missouri Compromise (1820–21), extended the line to California,
and assured the continuation of slavery where it already existed by decision
of individual states. In addition, upheld the fugitive slave law (1850) with
minor modifications, and called for vigorous suppression of the African
slave trade. At a peace conference called by the Virginia legislature in
1861, the compromise gained support from four border state delegations. But neither radical Northerners
nor radical Southerners liked the plan. Because of Republican
obstruction, interposing delay after delay, it failed in the house by
a vote of 113 to 80 and in the Senate in March by a vote of 20 to 19.
While compromise was failing in the Senate, it was doing little better
in the House, which was even worse adapted to the task of
peacemaking. A body too large, too contentious, and too strongly
Republican for mediation effort. The House had agreed, on December 4, 1860, to form a special committee
of one from each state to discuss the condition of the union. Two
days later, Speaker Pennington appointed the "Committee of
Thirty-Three." The committee consisted of sixteen Republicans, fourteen Democrats and
three Opposition members. But he failed to name a single Douglas man
from the North and most of his Southerners were unrepresentative of
public opinion. He also chose too many radical Republicans. The
committee was more inclined to quarrel than to agree. No member of the committee offered a plan that caught the national
attention like the Crittenden Compromise.
Unit References and Resources:
"Development of the Free Soil
Idea in the United States. An Address Delivered Before the Members of the
Nebraska State Historical Society on the Evening of January 14, 1890. By HON. W.
H. ELLER. Southern Historical Society Papers.
Vol. XVII. Richmond, Va., January-December. 1889.
"The Vindication Of The South.
To
Preserve the Union" Southern
Historical Society Papers. Vol. XXVII. Richmond, Va., January-December. 1899.
"Dedication of the Virginia
Memorial at Gettysburg, Friday, June 8, 1917" Southern Historical Society Papers. Richmond, Va., Sept.,
1917. New Series, Vol. 4, Old Series, Vol. XLII.
"The
Lost Cause: The Standard Southern History of the War of the Confederates"
By Edward A. Pollard, Chapter 4 & 5,
"Story of the Confederate
States" by Joseph T. Derry, Part 3, Section 1, Chapter 1.
"The Story
of the Confederacy" by Robert S. Henry Chapter 2.
"John J. Crittenden: The
National Union Party Struggle for the Union", By D. Kirwan
"Congressional
Resolutions Relative to the Peace Commissioners" Southern Historical Society Papers
1959. New Series, Vol. 14, Old Series, Vol. LII.
2d Confederate Congress--(2d Session)--Saturday, February 25, 1865
D. Final Attempts At Compromise
Congress had failed to reach any compromise with the States that had now
chosen to seceded. The Commonwealth of Virginia promoted a peace
conference in the hope that the delegates could arrive at some amicable
compromise, then secession fever might diminish and the seceded states might be
convinced to rejoin the Union. Governor John Letcher and the Virginia
Legislature proposed to hold this National Peace Conference early in 1861 to
make one final attempt to overt the break up of the union. On January 19,
1861 all states were invited to send delegates to the convention which would meet
in Washington, D.C. on February 4, 1861. The Washington Peace
Conference met at the Willard Hotel, in Washington, from February 4th through
February 27th, 1861, but only some of the states sent representatives. The Lower South, and
Arkansas, boycotted the convention.
The seceding states were forming the Confederacy
and thought that the compromise was a game to trick the border areas into
staying in the Union rather than joining the new Confederacy. Representatives
of 21 of the States still in the Union, among them, Maryland,
Tennessee,
North
Carolina, Missouri, Delaware, and Virginia were in attendance. Former
president John Tyler of Virginia was the presiding officer.
The attitude of Northern extremists
toward the convention can be seen when Michigan senators were initially opposed
to their state’s participation in the conference. But on February
9, both of them telegraphed their governor to send delegates. They
did so on the grounds that moderate members of the assemblage seemed likely to prevail and that more obstructionists were needed. J.A.
Seddon of Virginia, David Wilmot of Pennsylvania, and Lot M. Morrill of
Maine, did their utmost to obstruct the gathering.
The absence of thirteen states was too great a hurdle for the
convention to overcome. In the last days of the Buchanan
Administration, the conference agreed to resolutions framed as a
single amendment made of seven sections. This amendment and its sections were very similar to the
Crittenden Compromise, although slightly different in wording and a few details. When these resolutions were
presented to a Senate committee,
they were rejected 28-7. The House, on March 1, refused to suspend its rules
in order to consider the amendment. Neither North or South seemed to
want to listen to the proposal. Soon Virginia, North Carolina and Tennessee
also seceded to join the new Confederacy.
The final attempt at compromise
in order to prevent the dissolving of the Union, came from Congress because the Peace
Conference failed produce the desired results. The Corwin amendment was and
remains a proposed amendment to the United States Constitution offered by Ohio
Congressman Thomas Corwin during the closing days of the 2nd Session of the 36th
Congress as House Joint Resolution No. 80. The proposed, but not yet ratified
amendment would have forbidden the Federal banning of slavery and was a
last-ditch effort to avert the outbreak of the Civil War. Corwin's measure
emerged as the House of Representatives' version of an earlier identical
proposal in the Senate by William Seward. This Congressional compromise effort
would have been an amendment to the constitution, but is almost never discussed
by present day historians because it discredits their banner of a "war to free
the slaves" and the northern icons, people they hold up as the moral beacons of
America. The proposal was that the Northern legislators would
guarantee slavery for states that already had it. This amendment passed both
houses of Congress without any slave states present, offering proof that the
failure of previous compromise efforts was based on opposition to the spread of
slavery, rather than a vote against slavery itself.
On February 28, 1861, the United States House of Representatives approved the
resolution by a vote of 133-65 (Page 1285, Congressional Globe). On March
2, 1861, it was approved by the United States Senate with a vote of 24-12
(Page 1403, Congressional Globe). A young Henry Adams observed that the
measure narrowly passed both houses due to the lobbying efforts of Abraham
Lincoln, the President-Elect. The Corwin amendment appears officially in Volume
12 of the Statutes at Large at page 251. The official record from the U.S. House of
Representatives notes:
"Joint Resolution to
amend the Constitution of the United States. Resolved
by the Senate and House of Representatives of the United States of America
in Congress assembled, That the following article be proposed to the
Legislatures of the several States as an amendment to the Constitution of
the United States, which, when ratified by three-fourths of said
Legislatures, shall be valid, to all intents and purposes, as part of the
said Constitution, viz.: "Article Thirteen" No
amendment shall be made to the Constitution which will authorize or give
to Congress the power to abolish or interfere, within any State, with the
domestic institutions thereof, including that of persons held to labor or
service by the laws of said State." APPROVED,
March 2, 1861.
The resolution was signed by President James Buchanan,
shortly before Lincoln was inaugurated.
It is interesting to note that this is the
only proposed, but not ratified amendment to the Constitution, to have
been signed by a President. The President's signature is considered
unnecessary because of the constitutional provision that on the
concurrence of two-thirds of both Houses of Congress the proposal shall be
submitted to the States for ratification.
The is also President is powerless to veto a proposed constitutional
amendment.
It is the only
amendment to that time ever issued by Congress which contained in its actual
text a numerical designation.
Some
secondary sources state that Lincoln sign ed this resolution He was already
elected but not inaugurated until March 4 1861. More secondary sources
state that Buchanan, who was still the sitting president at the time signed
it. Since this was a proposed 13th amendment in 1861 and
was not ratified into law, I fear some in their research of the
“presidential signed this amendment” are confusing it with the actual 13th
Amendment that Lincoln did get ratified in December 1864.
We may never be able to discern the truth about Lincolns involvement due to
the attempts at sanctification of his life by his revisionist history
worshipers.
Ratification efforts began
almost immediately after the measure's adoption and included a public
endorsement in the inaugural address of Abraham Lincoln. Lincoln's lack of
opposition to the amendment proposal in his address of March 4, 1861 is evidence that he was
willing to accept slavery if it meant that his government could continue collecting
tariffs.
“I
understand a proposed amendment to the Constitution, which amendment,
however, I have not seen, has passed Congress, to the effect that the
Federal Government shall never interfere with the domestic institutions of
the States, including that of persons held to service. To avoid
misconstruction of what I have said, I depart from my purpose not to speak
of particular amendments so far as to say that, holding such a provision
to now be implied constitutional law, I have no objection to its being made
express and irrevocable.”
This symbolic approval of slavery by Lincoln also gives
significant credibility to the idea
that his much heralded Emancipation Proclamation that would come in 1863 was
no more than a destabilizing maneuver aimed at the Southern economy and to
reduce their capacity to sustain a defense to the Northern war.
The proposal was ratified by the legislatures of Ohio
(May 13,1861) and Maryland (January 10, 1862). Illinois lawmakers, sitting
as a constitutional convention at the time also approved it. The amendment
is known to have been considered for ratification in several additional
states including Kentucky, New York, and Connecticut where it was either
rejected or died in committee under neglect as other wartime issues came to
preoccupy the those states attention.
Unit References and Resources:
"Living
Confederate Principles: A Heritage for All Time" Southern Historical Society Papers.
Richmond, Va., Sept., 1915. New Series, Vol. 2, Old Series, Vol. XL
"The
Lost Cause: The Standard Southern History of the War of the Confederates"" by Edward A. Pollard, Chapter
4, 5, 6
"Story of the
Confederate States" by Joseph T. Derry, Part 3, Section 1, Chapter 1
"The Story of the Confederacy" by Robert S. Henry Chapter
2
Political History of the United States of America during the Great
Rebellion by Edward McPherson
Congressional Record 1861
Congressional Globe, Page 1285
Congressional Globe, Page 1403
Volume 12 of the Statutes at Large, Page 251
Wikipedia, The Free Encyclopedia
From Revolution to Reconstruction 1994
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Part 4 Questions:
In short essay format support an opinion for these
questions:
1. Describe the motivation of the New England states and the Federalists
as it pertained to the Hartford Convention and potential secession in the early
1800's.
2. Give justification for or against the Tariffs of Abominations
either from the Northern or Southern perspective.
3. If you were a Southern farmer or business man, what would your
reactions have been to the Nullification actions proposed by Calhoun?
4. What sectional concerns regarding westward expansion continued to
be raised by both the North and the South from the Missouri Compromise
through the Compromise of 1850?
5. Why would the South wish to have a popular sovereignty approach to new territories
and states, and the North push for predetermined federal legislation for the new
states?
6. Why was the term "Bloody Kansas" coined and what
circumstances caused the Kansas-Nebraska Act to aggravate the turmoil?
7. Why would most Southern citizens understand and support Preston Brooks response
to Charles Sumner, and why would most Northern citizens and the Northern Press
condemn Brooks?
8. What motives did the Republican members of the "Committee of
Thirteen" have to ignore popular support of the Crittenden Comprise and to
vote to defeat the plan?
9. What were the problems faced by the National Peace Conference of 1861?
10. Explain the motives behind Lincoln and the Congress with regards to
the proposed 13th Amendment. What implications does that have regarding
defining the cause of the war to come?
11. When looking over the proposed 13th Amendment we see Lincoln more
concerned about holding the union together and maintain revenue from Southern
states, compared to the concerns of black slaves. Why do you think America
has been lead to believe that Lincoln was the "Great Emancipator" in
the face of campaign statements regarding the Negro and slavery?
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- © 2007 John K. McNeill SCV Camp #674, Moultrie, GA
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