The Patriot Post® · Lincoln's Election Triggers a Southern Response

If the 1860 presidential campaign was a minefield of differing political ideologies and volatile emotions, Abraham Lincoln’s election was the footstep that triggered a cascading eruption of deadly explosions. (A little hyperbolic, but very true…)

Between his election as the first Republican president in the country’s 80-plus-year history and his inauguration five months later in March 1861, the Union faced its first blow. Delegates from seven Deep South states met in Montgomery, Alabama, and formed the Confederate States of America and drafted their own constitution, symbolizing their secession from the United States of America.

Interestingly, for those who still debate the issue of slavery as a reason for secession, the Confederate States Constitution was very similar to the U.S. Constitution except for four statements: sovereignty of states’ rights, a one six-year presidential term authorization, the protection of a perpetual existence of slavery, and a prohibition on tariff and internal improvement legislation.

The Southern delegates chose Jefferson Davis of Mississippi — a former U.S. senator with cabinet experience — as president and then chose Georgian Alexander Stephens as his VP.

So, let’s talk about the issue of secession. In the simplest of explanations, Southern leaders looked back at the Union’s history for their justification for secession. The first form of government enacted by the former colonies, the Articles of Confederation, required the approval of each of the 13 colonies and included this statement:

“Each state retains its sovereignty, freedom and independence” while “enter[ing] into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare.”

By the late 1780s, delegates from the 13 states, in a joint gathering in Philadelphia, and after fierce arguments and debates, replaced the Articles with a new governing document, the Constitution of the United States. The ratification process sparked debate between those supporting the new government, the Federalists, and those fearful of its broader powers, the Anti-Federalists. The addition of the Bill of Rights assuaged some of the fears. Ultimately, the new document was ratified, and a new government led by our first elected president, George Washington, was inaugurated.

So, how did that history empower the Southern states to secede from the United States? Their argument was that the new constitution created a new form of government — no longer a confederation — but did not replace the initial philosophy of “union.” If each state had to choose to join the Union, then could individual states not choose to leave the Union?

The new president disagreed. The former attorney argued that, by joining the Union and ratifying the Constitution, designated as the “supreme law” of the land, each state had accepted the sovereignty of the federal government, except in those areas designated by constitutional authority to the states. In an interesting and intriguing philosophical twist, Lincoln relied on John Locke’s argument regarding revolution — one of my favorite treatises — and proposed that revolution was not a “legal right” but a “moral right.” Lincoln’s election had not suppressed their liberties or freedoms; he would not even take office for several months. Could the states act with no more authority than “fear”?

If not, was secession not an act of treason against the lawfully enacted government?

The lines were drawn, and a single compelling and acceptable answer would not be easily found.

Lincoln offered no public statements during James Buchanan’s “lame duck” months, and his inaugural address delivered on March 4, 1861, attempted to assure the border states in particular that his intentions had been misread. He promised no interference with slavery where it currently existed. Moreover, while he would not activate federal forces to attack the South, he firmly stated that he would “hold, occupy and possess the property and places belonging to the government.” His ardent request, delivered with conviction, was that the North and South “must not be enemies.”

Could peace be maintained and the Union be restored?

The following day, Major Robert Anderson (USA), commander of the forces at Fort Sumter in Charleston, South Carolina, informed the president in a dispatch that either the fort must be resupplied or abandoned. After considering the situation, Lincoln ordered that “unarmed ships” be sent to resupply Fort Sumter. Soldiers of the United States were in need, and as commander-in-chief, he had to act in their support.

How would the Southern forces respond? The answer to that question would change our nation’s path toward liberty, equality, and justice.

Next week…