PATH TO THE CIVIL WAR
Founding Documents of the Confederate States of America
Between December 1860 and June 1861, eleven states seceded from the United States and formed the Confederate States of America. All eleven were slave holding states, and all held conventions to debate and vote upon the important decision to leave the country. In February 1861, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas met in Montgomery, Alabama and drafted the Constitution of the Provisional Government of the Confederate States of America which was formally adopted by the Confederate States in March. Below you will find some key points of those founding documents, and links to websites that have additional information. We have also included links to the Declaration of Independence and The Constitution of the United States so you can compare and contrast the documents.
Constitution of the Confederate States
Adopted March 11, 1861 Arcticle IV
Section I. (I) Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State; and the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Sec. 2. (I) The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.
(2) A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
(3) No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.
South Carolina
The South Carolina Ordinance of Secession (December 20, 1860)
AN ORDINANCE to dissolve the union between the State of South Carolina and other States united with her under the compact entitled “The Constitution of the United States of America.”
We, the people of the State of South Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by us in convention on the twenty-third day of May, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also all acts and parts of acts of the General Assembly of this State ratifying amendments of the said Constitution, are hereby repealed; and that the union now subsisting between South Carolina and other States, under the name of the “United States of America,” is hereby dissolved.
Done at Charleston the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty.
Additional information on why South Carolina seceded from the United States:
South Carolina Declaration of Causes of Secession (December 24, 1860)
We hold that the mode of its [the United States’s] formation subjects it to a fundamental principle: the law of compact. We maintain that in every compact between two or more parties, the obligation is mutual; that the failure of one of the contracting parties to perform a material part of the agreement entirely releases the obligation of the other…. We assert that fourteen of the States have deliberately refused for years past to fulfill their constitutional obligations….
The Constitution of the United States, in its 4th Article, provides as follows: “No person held to service or labor in one State, under the laws thereof, escaping into another shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due.”
But an increasing hostility on the part of the non-slaveholding States to the Institution of slavery has led to a disregard of their obligations…. [The northern] States…have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them… Thus, the constitutional compact has been deliberately broken….
The right of property in slaves was recognized by giving to free persons distinct political rights, by giving them the right to represent, and burthening them with direct taxes for three-fifths of their slaves; by authorizing the importation of slaves for twenty years; and by stipulating for the rendition of fugitives from labor.
Mississippi
Mississippi Secession Ordinance (January 9, 1861)
AN ORDINANCE to dissolve the union between the State of Mississippi and other States united with her under the compact entitled “The Constitution of the United States of America.” The people of the State of Mississippi, in convention assembled, do ordain, and declare, and it is hereby ordained and declared, as follows, to wit:
Section 1. That all the laws and ordinances by which the said State of Mississippi became a member of the Federal Union of the United States of America be, and the same are hereby, repealed, and that all obligations on the part of the said State or the people thereof to observe the same be withdrawn, and that the said State doth hereby resume all the rights, functions, and powers which by any of said laws or ordinances were conveyed to the Government of the said United States, and is absolved from all the obligations, restraints, and duties incurred to the said Federal Union, and shall from henceforth be a free, sovereign, and independent State.
Sec. 2. That so much of the first section of the seventh article of the constitution of this State as requires members of the Legislature and all officers, executive and judicial, to take an oath or affirmation to support the Constitution of the United States be, and the same is hereby, abrogated, and annulled.
Sec. 3. That all rights acquired and vested under the Constitution of the United States, or under any act of Congress passed, or treaty made, in pursuance thereof, or under any law of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed.
Sec. 4. That the people of the State of Mississippi hereby consent to form a federal union with such of the States as may have seceded or may secede from the Union of the United States of America, upon the basis of the present Constitution of the said United States, except such parts thereof as embrace other portions than such seceding States. Thus, ordained and declared in convention the 9th day of January, in the year of our Lord 1861.
Additional information on why Mississippi seceded from the United States:
A declaration of the Immediate Causes which Induce and Justify the Secession of the State of Mississippi from the Federal Union
Our position is thoroughly identified with the institution of slavery – the greatest material interest of the world. Its labor supplies the product which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization. That blow has been long aimed at the institution and was at the point of reaching its consummation. There was no choice left us but submission to the mandates of abolition, or a dissolution of the Union, whose principles had been subverted to work out our ruin.
Florida
Ordinance of Secession (January 10, 1861)
We, the people of the State of Florida, in convention assembled, do solemnly ordain, publish, and declare, That the State of Florida hereby withdraws herself from the confederacy of States existing under the name of the United States of America and from the existing Government of the said States; and that all political connection between her and the Government of said States ought to be, and the same is hereby, totally annulled, and said Union of States dissolved; and the State of Florida is hereby declared a sovereign and independent nation; and that all ordinances heretofore adopted, in so far as they create or recognize said Union, are rescinded; and all laws or parts of laws in force in this State, in so far as they recognize or assent to said Union, be, and they are hereby, repealed.
Passed 10 Jan 1861
Additional information on why Florida seceded from the United States:
“At the South, and with our People of course, slavery is the element of all value, and a destruction of that destroys all that is property.”, President John C. McGehee, Florida Secession Convention
Florida State Constitution (January 10, 1861)
Article XV.
General Provisions.
Section 1. The General Assembly shall have no power to pass laws for the emancipation of slaves.
Section 2. The General Assembly shall have power to pass laws to prevent free negroes, mulattoes, and other persons of color from immigrating to this State, or from being discharged from on board any vessel in any of the ports of Florida.
Alabama
Ordinance of Secession (January 11, 1861)
An Ordinance to dissolve the union between the State of Alabama and the other States united under the compact styled “The Constitution of the United States of America”
Whereas, the election of Abraham Lincoln and Hannibal Hamlin to the offices of president and vice-president of the United States of America, by a sectional party, avowedly hostile to the domestic institutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the constitution of the United States by many of the States and people of the Northern section, is a political wrong of so insulting and menacing a character as to justify the people of the State of Alabama in the adoption of prompt and decided measures for their future peace and security, therefore:
Be it declared and ordained by the people of the State of Alabama, in Convention assembled, That the State of Alabama now withdraws, and is hereby withdrawn from the Union known as “the United States of America,” and henceforth ceases to be one of said United States, and is, and of right ought to be a Sovereign and Independent State.
Sec 2. Be it further declared and ordained by the people of the State of Alabama in Convention assembled, That all powers over the Territory of said State, and over the people thereof, heretofore delegated to the Government of the United States of America, be and they are hereby withdrawn from said Government, and are hereby resumed and vested in the people of the State of Alabama.
And as it is the desire and purpose of the people of Alabama to meet the slaveholding States of the South, who may approve such purpose, in order to frame a provisional as well as permanent Government upon the principles of the Constitution of the United States,
Be it resolved by the people of Alabama in Convention assembled, That the people of the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky and Missouri, be and are hereby invited to meet the people of the State of Alabama, by their Delegates, in Convention, on the 4th day of February, A.D., 1861, at the city of Montgomery, in the State of Alabama, for the purpose of consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security.
And be it further resolved That the President of this Convention, be and is hereby instructed to transmit forthwith a copy of the foregoing Preamble, Ordinance, and Resolutions to the Governors of the several States named in said resolutions.
Done by the people of the State of Alabama, in Convention assembled, at Montgomery, on this, the eleventh day of January, A.D. 1861.
Additional information on why Alabama seceded from the United States:
Alabama Constitution (January 7, 1861)
Slavery
Section 1. No slave in this State shall be emancipated by any act done to take effect in this State, or any other country.
Section 2. The humane treatment of slaves shall be secured by law.
Section 3. Laws may be enacted to prohibit the introduction into this State, of slaves who have committed high crimes in other States or territories, and to regulate or prevent the introduction of slaves into this State as merchandise.
Section 4. In the prosecution of slaves for crimes, of a higher grade than petit larceny, the General Assembly shall have no power to deprive them of an impartial trial by a petit jury.
Section 5. Any person who shall maliciously dismember or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offense had been committed on a free white person, and on the like proof, except in case of insurrection of such slave.
Georgia
Ordinance of Secession (January 19, 1861)
We the people of the State of Georgia in Convention assembled do declare and ordain and it is hereby declared and ordained that the ordinance adopted by the State of Georgia in convention on the 2nd day of Jany. in the year of our Lord seventeen hundred and eighty-eight, whereby the constitution of the United States of America was assented to, ratified, and adopted, and also all acts and parts of acts of the general assembly of this State, ratifying and adopting amendments to said constitution, are hereby repealed, rescinded, and abrogated.
We do further declare and ordain that the union now existing between the State of Georgia and other States under the name of the United States of America is hereby dissolved, and that the State of Georgia is in full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State.
Passed January 19, 1861.
Additional information on why Georgia seceded from the United States:
Georgia Secession Document (January 29, 1861)
“The people of Georgia having dissolved their political connection with the Government of the United States of America, present to their confederates and the world the causes which have led to the separation. For the last ten years we have had numerous and serious causes of complaint against our non-slave-holding confederate States with reference to the subject of African slavery.”
Louisiana
Ordinance of Secession (January 26, 1861)
AN ORDINANCE to dissolve the union between the State of Louisiana and other States united with her under the compact entitled “The Constitution of the United States of America.”
We, the people of the State of Louisiana, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance passed by us in convention on the 22d day of November, in the year eighteen hundred and eleven, whereby the Constitution of the United States of America and the amendments of the said Constitution were adopted, and all laws and ordinances by which the State of Louisiana became a member of the Federal Union, be, and the same are hereby, repealed and abrogated; and that the union now subsisting between Louisiana and other States under the name of “The United States of America” is hereby dissolved.
We do further declare and ordain, That the State of Louisiana hereby resumes all rights and powers heretofore delegated to the Government of the United States of America; that her citizens are absolved from all allegiance to said Government; and that she is in full possession and exercise of all those rights of sovereignty which appertain to a free and independent State.
We do further declare and ordain, That all rights acquired and vested under the Constitution of the United States, or any act of Congress, or treaty, or under any law of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed.
Adopted in convention at Baton Rouge this 26th day of January 1861.
Additional information on why Louisiana seceded from the United States:
Quote from Lousiana’s Governor Thomas Overton Moore’s Inaugural Address (January 23, 1861)
“So bitter is this hostility felt toward slavery, which these fifteen states regard as a great social and political blessing, that it exhibits itself in legislation for the avowed purpose of destroying the rights of slaveholders guaranteed by the Constitution and protected by the Acts of Congress… [in] the North, a widespread sympathy with felons has deepened the distrust in the permanent Federal Government, and awakened sentiments favorable to a separation of states.”
Texas
Ordinance of Secession (February 2, 1861)
AN ORDINANCE To dissolve the Union between the State of Texas and the other States united under the Compact styled “the Constitution of the United States of America.”
WHEREAS, The Federal Government has failed to accomplish the purposes of the compact of union between these States, in giving protection either to the persons of our people upon an exposed frontier, or to the property of our citizens, and
WHEREAS, the action of the Northern States of the Union is violative of the compact between the States and the guarantees of the Constitution; and,
WHEREAS, The recent developments in Federal affairs make it evident that the power of the Federal Government is sought to be made a weapon with which to strike down the interests and property of the people of Texas, and her sister slave-holding States, instead of permitting it to be, as was intended, our shield against outrage and aggression; THEREFORE,
SECTION 1.– We, the people of the State of Texas, by delegates in convention assembled, do declare and ordain that the ordinance adopted by our convention of delegates on the 4th day of July, A.D. 1845, and afterwards ratified by us, under which the Republic of Texas was admitted into the Union with other States, and became a party to the compact styled “The Constitution of the United States of America,” be, and is hereby, repealed and annulled; that all the powers which, by the said compact, were delegated by Texas to the Federal Government are revoked and resumed; that Texas is of right absolved from all restraints and obligations incurred by said compact, and is a separate sovereign State, and that her citizens and people are absolved from all allegiance to the United States or the government thereof.
SEC. 2. This ordinance shall be submitted to the people of Texas for their ratification or rejection, by the qualified voters, on the 23rd day of February, 1861, and unless rejected by a majority of the votes cast, shall take effect and be in force on and after the 2d day of March, A.D. 1861.PROVIDED, that in the Representative District of El Paso said election may be held on the 18th day of February, 1861.
Done by the people of the State of Texas, in convention assembled, at Austin, this 1st day of February, A.D. 1861.
Ratified 23 Feb 1861 by a vote of 46,153 for and 14,747 against.
Additional information on why Texas seceded from the United States:
A Declaration of the Causes which Impel the State of Texas to Secede from the Federal Union (February 2, 1861)
Texas abandoned her separate national existence and consented to become one of the Confederated Union to promote her welfare, ensure domestic tranquility and secure more substantially the blessings of peace and liberty to her people. She was received into the confederacy with her own constitution, under the guarantee of the federal constitution and the compact of annexation, that she should enjoy these blessings. She was received as a commonwealth holding, maintaining, and protecting the institution known as negro slavery– the servitude of the African to the white race within her limits– a relation that had existed from the first settlement of her wilderness by the white race, and which her people intended should exist in all future time. Her institutions and geographical position established the strongest ties between her and other slave-holding States of the confederacy. Those ties have been strengthened by association. But what has been the course of the government of the United States, and of the people and authorities of the non-slave-holding States since our connection with them? We hold as undeniable truths that the governments of the various States, and of the confederacy itself, were established exclusively by the white race, for themselves and their posterity; that the African race had no agency in their establishment; that they were rightfully held and regarded as an inferior and dependent race, and in that condition only could their existence in this country be rendered beneficial or tolerable.
That in this free government all white men are and of right ought to be entitled to equal civil and political rights; that the servitude of the African race, as existing in these States, is mutually beneficial to both bond and free, and is abundantly authorized and justified by the experience of mankind, and the revealed will of the Almighty Creator, as recognized by all Christian nations; while the destruction of the existing relations between the two races, as advocated by our sectional enemies, would bring inevitable calamities upon both and desolation upon the fifteen slave-holding states….
Virginia
Virginia Ordinance of Secession (April 17, 1861)
AN ORDINANCE to repeal the ratification of the Constitution of the United State of America by the State of Virginia, and to resume all the rights and powers granted under said Constitution.
The people of Virginia in their ratification of the Constitution of the United States of America, adopted by them in convention on the twenty-fifth day of June, in the year of our Lord one thousand seven hundred and eighty-eight, having declared that the powers granted under said Constitution were derived from the people of the United States and might be resumed whensoever the same should be perverted to their injury and oppression, and the Federal Government having perverted said powers not only to the injury of the people of Virginia, but to the oppression of the Southern slave-holding States:
Now, therefore, we, the people of Virginia, do declare and ordain, That the ordinance adopted by the people of this State in convention on the twenty-fifth day of June, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and all acts of the General Assembly of this State ratifying and adopting amendments to said Constitution, are hereby repealed and abrogated; that the union between the State of Virginia and the other States under the Constitution aforesaid is hereby dissolved, and that the State of Virginia is in the full possession and exercise of all the rights of sovereignty which belong and appertain to a free and independent State.
And they do further declare, That said Constitution of the United States of America is no longer binding on any of the citizens of this State.
This ordinance shall take effect and be an act of this day, when ratified by a majority of the voter of the people of this State cast at a poll to be taken thereon on the fourth Thursday in May next, in pursuance of a schedule hereafter to be enacted.
Adopted by the convention of Virginia April 17,1861 ratified by a vote of 132,201 to 37,451 on 23 May 1861.
Arkansas
Ordinance of Secession (May 6, 1861)
AN ORDINANCE to dissolve the union now existing between the State of Arkansas and the other States united with her under the compact entitled “The Constitution of the United States of America.”
Whereas, in addition to the well-founded causes of complaint set forth by this convention, in resolutions adopted on the 11th of March, A.D. 1861, against the sectional party now in power in Washington City, headed by Abraham Lincoln, he has, in the face of resolutions passed by this convention pledging the State of Arkansas to resist to the last extremity any attempt on the part of such power to coerce any State that had seceded from the old Union, proclaimed to the world that war should be waged against such States until they should be compelled to submit to their rule, and large forces to accomplish this have by this same power been called out, and are now being marshaled to carry out this inhuman design; and to longer submit to such rule, or remain in the old Union of the United States, would be disgraceful and ruinous to the State of Arkansas:
Therefore we, the people of the State of Arkansas, in convention assembled, do hereby declare and ordain, and it is hereby declared and ordained, That the “ordinance and acceptance of compact” passed and approved by the General Assembly of the State of Arkansas on the 18th day of October, A.D. 1836, whereby it was by said General Assembly ordained that by virtue of the authority vested in said General Assembly by the provisions of the ordinance adopted by the convention of delegates assembled at Little Rock for the purpose of forming a constitution and system of government for said State, the propositions set forth in “An act supplementary to an act entitled `An act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes,'” were freely accepted, ratified, and irrevocably confirmed, articles of compact and union between the State of Arkansas and the United States, and all other laws and every other law and ordinance, whereby the State of Arkansas became a member of the Federal Union, be, and the same are hereby, in all respects and for every purpose herewith consistent, repealed, abrogated, and fully set aside; and the union now subsisting between the State of Arkansas and the other States, under the name of the United States of America, is hereby forever dissolved.
And we do further hereby declare and ordain, That the State of Arkansas hereby resumes to herself all rights and powers heretofore delegated to the Government of the United States of America; that her citizens are absolved from all allegiance to said Government of the United States, and that she is in full possession and exercise of all the rights and sovereignty which appertain to a free and independent State.
We do further ordain and declare, That all rights acquired and vested under the Constitution of the United States of America, or of any act or acts of Congress, or treaty, or under any law of this State, and not incompatible with this ordinance, shall remain in full force and effect, in nowise altered or impaired, and have the same effect as if this ordinance had not been passed.
Adopted and passed in open convention on the 6th day of May, A.D. 1861.
Additional information on why Arkansas seceded from the United States:
Resolutions Passed by the Convention of the People of Arkansas (March 20, 1861)
RESOLUTIONS —PASSED BY THE— CONVENTION OF THE PEOPLE OF ARKANSAS, On the 20th day of March 1861. We, the people of the State of Arkansas, in convention assembled, in view of the unfortunate and distracted condition of our once happy and prosperous country, and of the alarming dissensions existing between the northern and southern sections thereof, and desiring that a fair and equitable adjustment of the same may be made, do hereby declare the following to be just causes of complaint on the part of the people of the southern States against their brethren of the northern, or non-slaveholding States.
1. The people of the northern States have organized a political party, purely sectional in its character; the central and controlling idea of which is hostility to the institution of African slavery, as it exists in the southern States, and that party has elected a President and Vice President of the United States, pledged to administer the government upon principles inconsistent with the rights, and subversive of the interests of the people of the southern States.
North Carolina
An Ordinance to Dissolve the Union between the State of North Carolina and the United States (May 20, 1861)
AN ORDINANCE to dissolve the union between the State of North Carolina and the other States united with her, under the compact of government entitled “The Constitution of the United States.”
We, the people of the State of North Carolina in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by the State of North Carolina in the convention of 1789, whereby the Constitution of the United States was ratified and adopted, and also all acts and parts of acts of the General Assembly ratifying and adopting amendments to the said Constitution, are hereby repealed, rescinded, and abrogated.
We do further declare and ordain, That the union now subsisting between the State of North Carolina and the other States, under the title of the United States of America, is hereby dissolved, and that the State of North Carolina is in full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State.
Done in convention at the city of Raleigh, this the 20th day of May, in the year of our Lord 1861, and in the eighty-fifth year of the independence of said State.
Tennessee
Declaration of Independence and Ordinance (June 8, 1861)
DECLARATION OF INDEPENDENCE AND ORDINANCE dissolving the federal relations between the State of Tennessee and the United States of America.
First. We, the people of the State of Tennessee, waiving any expression of opinion as to the abstract doctrine of secession, but asserting the right, as a free and independent people, to alter, reform, or abolish our form of government in such manner as we think proper, do ordain and declare that all the laws and ordinances by which the State of Tennessee became a member of the Federal Union of the United States of America are hereby abrogated and annulled, and that all the rights, functions, and powers which by any of said laws and ordinances were conveyed to the Government of the United States, and to absolve ourselves from all the obligations, restraints, and duties incurred thereto; and do hereby henceforth become a free, sovereign, and independent State.
Second. We furthermore declare and ordain that article 10, sections 1 and 2, of the constitution of the State of Tennessee, which requires members of the General Assembly and all officers, civil and military, to take an oath to support the Constitution of the United States be, and the same are hereby, abrogated and annulled, and all parts of the constitution of the State of Tennessee making citizenship of the United States a qualification for office and recognizing the Constitution of the United States as the supreme law of this State are in like manner abrogated and annulled.
Third. We furthermore ordain and declare that all rights acquired and vested under the Constitution of the United States, or under any act of Congress passed in pursuance thereof, or under any laws of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed.
Sent to referendum 6 May 1861 by the legislature and approved by the voters by a vote of 104,471 to 47,183 on 8 June 1861.