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Secession in the United States | HearLore
— Ch. 1 · Foundations of Union and Revolution —
Secession in the United States.
~7 min read · Ch. 1 of 6
In 1776, the Second Continental Congress met in Philadelphia to approve a document that would eventually become known as the Declaration of Independence. This text asserted the right of revolution for people facing sustained oppression from their rulers. Historian Pauline Maier notes that Thomas Jefferson drew upon ideas from John Locke and other English commentators when drafting these words. The language declared that long-practiced injustice is tolerated until assaults on rights accumulate enough force to oppress the entire people. At that point, they may defend themselves. This reasoning was not original to the Declaration but appeared in many prior political writings including Locke's Two Treatises of Government published in 1690. President John Adams later stated that only repeated, multiplied oppressions could warrant concerted resistance against government. The Articles of Confederation followed this revolutionary spirit by establishing a perpetual union among states. However, by 1786, historian John Ferling observed that the Union under the Articles was falling apart. James Madison of Virginia and Alexander Hamilton of New York urged renewed stability through a new Constitution. They published The Federalist Papers to advocate for a more powerful central government. These founders believed necessity rather than legality justified abandoning the Articles. Emerich de Vattel wrote at the time that treaties contain promises that are perfect and reciprocal. If one ally fails in engagements, another may disengage from promises and break the treaty. St. George Tucker argued that abandoning the Articles was equivalent to seceding from that government. In 1803 he claimed unanimous dissolution of the Articles provided legal precedent for future state secession.
Antebellum Political Crises
The Nullification Crisis erupted during Andrew Jackson's presidency when South Carolina threatened to leave the Union over the Tariff of Abominations passed in 1828. This tariff threatened South Carolina's economy and prompted the state to declare nullification of federal law within its borders. Jackson responded by threatening to send federal troops and hang the leader of the movement from the highest tree in South Carolina. Vice President John C. Calhoun resigned after supporting the movement and writing The South Carolina Exposition and Protest essay. On the 1st of May 1833, Jackson wrote that disunion and Southern confederacy were the real objects behind the tariff pretext. The Hartford Convention convened on the 15th of December 1814 with twenty-six delegates attending from Massachusetts, Connecticut, and Rhode Island. These Federalists opposed continuing war with Britain and domination by what they called the Virginia dynasty. Their final report recommended constitutional amendments but lost impact when the war ended before delegates returned to Washington. Historian Donald R. Hickey noted the convention became a major factor in the sharp decline of the Federalist Party. Jeffersonian Republicans described it as synonymous with disloyalty and treason. In January 1842 citizens of Haverhill, Massachusetts presented the first petition asking for dissolution of the Union to Congress through representative John Quincy Adams. William Lloyd Garrison called for secession in The Liberator newspaper during May 1844. He argued Southerners dominated the nation due to the Three-fifths Compromise and time had come to set captives free by separating from government. The New England Anti-Slavery Convention endorsed disunion principles by voting 250-24. By 1857 conventions discussing Northern non-slaveholding Confederacies met in Worcester, Massachusetts; Angola, Indiana; Adrian, Michigan; and Oswego, New York where Susan B. Anthony spoke.
Civil War and Confederate Secession
Eleven slave-state governments voted to secede between December 1860 and June 1861 forming the Confederate States of America. South Carolina declared secession on the 20th of December 1860 followed by Mississippi on January 9, Florida on January 10, Alabama on January 11, Georgia on January 19, Louisiana on January 26, Texas on February 1, Virginia on April 17, Arkansas on May 6, North Carolina on May 20, and Tennessee on June 8. Pro-Confederate governments also declared secession in Missouri and Kentucky though Unionists eventually regained control of southern portions of both states by 1862. In Virginia Unionists formed a functioning government in Wheeling that opposed the pro-Confederate administration. By 1863 Congress admitted fifty Virginia counties as West Virginia while the Restored Government relocated to Alexandria until Confederate dissolution. President Abraham Lincoln issued his proclamation on the 15th of April 1861 defining the Union's position three days after Fort Sumter was attacked. The Confederacy controlled only parts of Missouri and more than half of Kentucky before losing ground. Historian Bruce Catton described Lincoln's stance as viewing the rebellion initiated by individuals rather than recognizing any sovereign nation status for the breakaway states. Within days Kansas joined the Union as a free state while Colorado, Nevada, and Dakota Territory followed within a month. The District of Columbia Compensated Emancipation Act passed in 1862 ending slavery there after abolitionist goals had been blocked since the 1830s. The Homestead Act and Morrill Land-Grant Act of 1862 also passed measures previously blocked by slave states.
Legal Precedents and Supreme Court Rulings
Texas v. White case argued before the United States Supreme Court during December 1868 term resulted in Chief Justice Salmon P. Chase reading the decision on the 15th of April 1869. The ruling declared unilateral secession unconstitutional while acknowledging states could cease being part of union through revolution or consent of other states. Australian professors Peter Radan and Aleksandar Pavkovic noted this distinction remained crucial for understanding legal boundaries. Williams v. Bruffy rendered in 1877 pertained to Civil War debts stating validity of acts establishing independent government depended entirely upon ultimate success. If such government failed to establish itself permanently all acts perished with it; if successful from commencement existence were upheld as those of an independent nation. Historian Kenneth Stampp emphasized historical argument against secession rested on Union being older than states themselves. Provision for perpetual Union in Articles of Confederation carried over into Constitution preamble forming more perfect Union purpose. Scholars point out sovereignty often remains extralegal question resolved at Appomattox rather than through court rulings alone. Article IV Section 3 Clause 1 provides no new state shall be formed within jurisdiction of another without consent of legislatures concerned plus Congress approval. Three instances exist where portion of state successfully separated creating new state: Kentucky separating from Virginia in 1792, Maine from Massachusetts in 1820, West Virginia from Virginia in 1863.
Modern State and Regional Movements
As of 2024 over six states show growing secessionist movements including Alaska California Texas Louisiana Florida and New Hampshire due to increasing polarization. The Libertarian Party formed in 1971 affirmed right of states to secede supporting recognition where majority supports separation without suppressing dissenting minority. In November 2006 Alaska Supreme Court held Kohlhaas v. State case ruling secession illegal refusing initiative presentation to Alaskan people. Walter Hickel served Governor from 1990 to 1994 as member of Alaskan Independence Party. California's Calexit movement gained traction after Donald Trump won presidential election on the 9th of November 2016 causing hashtag #calexit to trend on Twitter. Thirty-two percent of Californians and forty-four percent of California Democrats favored independence according to March 2017 poll. Attorney General approved applications by California Freedom Coalition gathering signatures for 2018 ballot though objectives expanded plan carving autonomous Native American nation eastern part postponing referendum approach favoring convincing Republican states support breakaway efforts. On the 1st of September 2012 New Hampshire Liberty Party formed promoting independence from federal government while Free State Project founder Jason Sorens published announcement the 23rd of July 2001 stating even without actual secession they could force compromise granting substantial liberties similar to Scotland and Quebec using leverage for liberty.
Ideological and Ethnic Separatism
The American Redoubt political migration movement first proposed in 2011 designates Idaho Montana Wyoming along with parts Oregon Washington as safe haven for conservative Christians. Republic of Lakotah members created organization asserting independence of sovereign nation never willingly joining United States thus not considering themselves technically secessionists. Cascadia Bioregional Democracy attempts repeated formation through secession of Washington Oregon plus Canadian province British Columbia defining boundaries along ecological cultural economic political lines. Deseret Mormon theodemocracy based Intermountain West unsuccessfully fought federal government control culminating Utah War 1857 before diminishing current state Utah boundaries. League South group seeks free independent Southern republic made former Confederate States operating short-lived Southern Party supporting right states secede or legally nullify federal laws. Northwest Territorial Imperative proposes White ethnostate residence citizenship limited White people excluding non-whites advanced by white supremacists and separatists historically modern times Pacific Northwest location establishment. Aztlán Chicano nationalism Plan de Aztlan advocates self-determination including right secession through Brown Berets MEChA Freedom Road Socialist Organization Raza Unida Party. Republic New Afrika founded 1968 black nationalist organization popularized militant groups. North Star Republic group centered Minneapolis advocating independent socialist state upper midwest Minnesota Wisconsin Michigan portions.
When did South Carolina declare secession from the Union?
South Carolina declared secession on the 20th of December 1860. This event marked the beginning of eleven slave-state governments voting to secede between December 1860 and June 1861 to form the Confederate States of America.
What was the outcome of Texas v White case regarding state secession?
The United States Supreme Court ruled in the Texas v White case that unilateral secession is unconstitutional while acknowledging states could cease being part of union through revolution or consent of other states. Chief Justice Salmon P. Chase read this decision on the 15th of April 1869 during the December 1868 term.
Which states currently show growing secessionist movements as of 2024?
As of 2024 over six states show growing secessionist movements including Alaska California Texas Louisiana Florida and New Hampshire due to increasing polarization. The Libertarian Party formed in 1971 affirmed right of states to secede supporting recognition where majority supports separation without suppressing dissenting minority.
How many times has a portion of a state successfully separated to create a new state under Article IV Section 3 Clause 1?
Three instances exist where portion of state successfully separated creating new state: Kentucky separating from Virginia in 1792, Maine from Massachusetts in 1820, West Virginia from Virginia in 1863. These separations required consent of legislatures concerned plus Congress approval as provided by Article IV Section 3 Clause 1.
What did the Nullification Crisis reveal about South Carolina's stance on federal law?
The Nullification Crisis erupted during Andrew Jackson's presidency when South Carolina threatened to leave the Union over the Tariff of Abominations passed in 1828. This tariff threatened South Carolina's economy and prompted the state to declare nullification of federal law within its borders before Vice President John C. Calhoun resigned after supporting the movement.