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GOVERNOR PICKENS' INAUGURAL.

(Republican), of Massachu-
setts, read a resolution, “for
information," as follows:

Resolution of
Inquiry.

03

"Whereas, By report of the proceedings in the State Convention of South Carolina, held on the 19th inst., the Hon. Wm. Porcher Miles, a member of this House, used the following language: 'In a conver

to the President, I know this to have been said: 'If you send a solitary soldier to these forts, the instant the intelligence reaches our people, and we shall

amazed at its apparent ignorance. It was but apparent, however; for, with free access to all correct sources of information, Southern editors could have produced as correct journals as their readers had a right to demand. That they, daily and weekly, issued papers, every column of which was loaded with misstatements, and with matter calculated to in-sation, and subsequently in a written communication fluence the passions and prejudices of Southern men against the North, against the Union, against individuals and enterprises, is to their lasting dishonor; and the future historian will refer to them as exemplars of a policy from which Machiavelli could have drawn rich materials with which to instruct his Prince. Constant familiarity with Southern journals for several years past has forced us to believe that the press of the South is more directly responsible for the revolution than the leading actors in it. This view is confirmed by the opinions of many eminent and candid Southern men.]

The Committee of
Thirteen.

take care that it does reach us before it can reach the forts, the forts will be taken, because such a

course is necessary to our safety and self-preservation;' therefore,

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Resolved, That the President be required to communicate to the House what information he has received, either oral or in writing, to the effect that if the forts of Charleston are further reinforced, the forts will be taken by any force or authority hostile to the authority and supremacy of the United States."

The reading of this resolution and preamMr. Breckenridge, Speak-ble caused much excitement on the Southern er of the Senate, on the side of the House. Taken in connection 20th, announced the Com- with Mr. Clark's Resolution of Inquiry in mittee of Thirteen, on the Crisis, under Mr. the Senate, it foreshadowed a purpose to Powell's resolution, viz. :-Messrs. Powell, compel the President to reveal all his dealHunter, Crittenden, Seward, Toombs, Doug-ings with the conspirators against the Union las, Collamer, Davis, Wade, Bigler, Rice, -a revelation which Southern members, and Doolittle and Grimes. Mr. Jefferson Davis, a few Northern Democrats strenuously opof Mississippi, preferred a request to be ex-posed, cused, "on account of the position in which the State stood." He afterwards, however, consented, at the request of Southern Senators, to serve.

No further proceedings of interest to our subject transpired in either House during the week, the Pacific Railroad Bill, the Deficiency Bill, &c., &c., being under considera

In the House, December 20th, Mr. Delano, tion.

CHAPTER XIV.

THE SOUTH CAROLINA

CONVENTION. THE

ORDINANCE OF

SECESSION. GENERAL PROCEEDINGS. THE DECLARATION OF INDEPENDENCE ADOPTED.

Assembling of the
Convention.

The Ordinance of Se cession.

THE South Carolina Con- | ordinance proper to be vention of Delegates as adopted by the Convensembled in Columbia, De- tion, was submitted by Mr. cember 17th. After four ballots for Presi-Inglis, viz:dent, General D. F. Jamison was chosen to "AN ORDINANCE to dissolve the Union between the preside over its deliberations. The smallpox raging as an epidemic at Columbia, induced the Convention to adjourn to Charleston.

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The Convention's
Proceedings.

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 23d day of May, in the year of our Lord 1788, whereby the Constitu tion of the United States of America was ratified, and also all Acts and parts of Acts of the General Assembly of this State ratifying the 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."

Dec. 19th, theConvention assembled in Charleston, and held a session, on that This was passed by the unanimous vote of day, chiefly to organize, name committees, 169, at a quarter past one o'clock, P.M., (Deand prepare for business. As preliminary to cember 20th.) The fact of its adoption was ima full understanding of the responsibilities mediately given to the great crowd gathered and changes to be incurred by secession, mem- in front of the building, creating the wildbers had a free interchange of sentiments-est enthusiasm, while the news flew over Chancellor Dunken and Judge Magrath mak- the wires to the uttermost corners of the ing speeches. Several important resolutions, Union, to excite and interest the public. looking to a Conference of States to form a An interesting debate new Government, to a Commission of adjust- followed, in the Convenment to the President, &c., &c., were referred tion, upon the adoption. to the proper committees. In order to show how the act affected the immediate interests of the State, in the opinion of the leading men of the Convention, we may give a summary of their remarks:

On the 20th, a committee was named to draft a Summary of Causes of the secession of South Carolina. Mr. Rhett's resolution to appoint a Committee of Thirteen for the purpose of providing for the assemblage of a Convention of the Seceding States, and to form a constitution, was adopted. A report from the committee to prepare and draft an

Interesting Debate

Mr Magrath-I think the special matter of the ordinance should be immediately considered. To my understanding there is no collector of the port nor postmaster now

INTERESTING

DEBATE.

95

35

What

within the limits of South Carolina.
you have done to-day has extinguished the
authority of every man in Carolina deriving
authority from the General Government. I
am in favor of this body making such pro-
visional arrangements as may be necessary, in
the interval which may exist between this
moment and the time when the Legislature
may act. I am not, however, to be implicated
as sanctioning the idea that there is no lawful
authority, within the limits of the State, ex-
cept the General Government.

Mr. Gregg-After South Carolina abrogated the Constitution of the United States, are its laws still in force? I think not. All the laws of Congress fall instantly to the ground, on the act of secession.

Mr. Cheves-As an immense chasm will be made in the law, and as it is necessary, to avoid inconvenience to the people, we must make some temporary arrangements to carry on the Government.

Mr. Gregg-There is no law on the subject of the collection of the duties in South Carolina now. We have now accomplished the work, after forty years.

Mr. Haynes-The Congress of the United States is no longer our government. It will be for our Legislature to say what laws of the United States shall be continued, and what not. The simple act of secession does not abrogate all the laws. We have a great many laws on our statute books, which were passed by the Governor and the Privy Council. Mr. Gregg-The Congressional laws for the collection of revenue are for the support of the Federal Government at Washington, and all our Post-Office laws fall, on our dissolution with that Government.

Mr. Miles-We have to deal with facts and stern realities. We must prevent confusion, anarchy, and the derangement of our Government affairs. Things must, for the present, remain in statu quo, or confusion will arise. Mr. Hayne-Sudden action is injurious. Mr. Chestnut-Two questions are involved -power and duty. We must preserve our people, not only from inconvenience but chaotic condition. We must revivify such laws as will best preserve us from calamities. As to duty, if you turn the ship of State adrift, what will become of the officers ?

Mr. Maseyck-There is no duty for the Collector of the port to do. The Post-office has been swept off. My opinion is, that the present system of postai arrangement is a nuisance. The public can be better served by private parties between cities like Philadelphia and New York for one cent instead of three, and between less important, ten or more cents.

Mr. Calhoun-We have pulled a temple down that has been built three-quarters of a century. We must clear the rubbish away to reconstruct another. We are now houseless and homeless, and we must secure ourselves against storms.

Mr. Dunkin-If that ordinance be passed, things will go on in the Custom-house and Post-office exactly as now, until other arrangements can be made by this Convention. There is nothing in the ordinance to affect the dignity, honor, and welfare of the State of South Carolina. We must keep the wheels of the Government going. The Constitution of the United States is not entirely abrogated by the ordinance. What is legal tender in the payment of debts? Is it not gold and silver of the United States? In the case of clearing and entry of vessels, we are very liable to have the same confiscated.

Mr. Carroll-The present revenue would be continued till an act of the Legislature authorized otherwise.

Mr. Brown-There is no longer communication with the Government from which we are just separated.

Mr. Dunkin-The spirit of the ordinance must be temporarily sustained till we treat with the General Government.

Mr. Gregg-The President of the United States has thrown down the gauntlet in his Message. He has said that it was his duty to collect the revenue, and that he would do it. On one side, the Federal Government claims the right and declares its intention to execute the powers of collecting revenue in our ports; on the other side, we have declared that we are free. I desire no compromise. Is it necessary to maintain the 15 to 40 per cent. duties imposed by the Congress of the United States? Should these duties continue to be levied, our people will suffer a terrible calamity. For carrying the mails, let the present contracts

be assumed by South Carolina instead of the this State, to exercise the office to which I have been United States.

Mr. Rhett This great revolution must go on with as little danger as possible to the country. By making the Federal agents ours, the machinery will move on. The Federal laws of taxation must not exist over us.

I trust that the present system of taxation has

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Mr. Maseyck said in regard to the mail, all restrictions must be removed. Let us appoint our own officers. Let the Collector of the port battle with the difficulties as they come. At 3:40 P. M., the Convention took a recess, to meet at Institute Hall at 6 o'clock, for the purpose of signing the ordinance.

As the Convention was leaving St. Andrew's Hall, the chimes of St. Michael's Episcopal Church pealed forth "Auld Lang Syne," and other tunes.

Further Acts.

appointed, and will, to the best of my ability, discharge the duty of the office, and preserve, protect, and defend the Constitution of this State. So help me

God."

As the Convention sat, on all important occasions, in secret session, much of its proceedings are veiled in mystery. By a special vote a reporter was rejected, and a resolution not to have the proceedings printed, passed with only three negative votes.

The Declaration of
Causes

The Declaration of Causes was not definitively accepted until the evening session of Monday, December 24th. It was amended, verbally, in several cases, and, as adopted, reads as follows:

DECLARATION OF INDEPENDENCE OF SOUTH CAROLINA.

Done in Convention, December 24, 1860. "The State of South Carolina, having determined to resume her separate and equal place among nations, deems it due to herself, to the remaining United States of America, and to the nations of the world, that she should declare the causes which have led to this act.

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The Declaration of
Causes.

"In the year 1765, that portion of the British Em On the 21st, Mr. Rhett, pire embracing Great Britain undertook to make Chairman of the Commit-laws for the government of that portion composed tee on an Address on the of the thirteen American Colonies. A struggle for Causes of the Secession of the State, reportthe right of self-government ensued, which resulted, ed. The Commissioners were elected "to on the 4th of July, 1776, in a Declaration by the Cotreat with the United States," viz:—-ex-Govlonies, that they are, and of right ought to be. free ernor J. H. Adams, ex-Congressman J. L. pendent States, they have full power to levy war, to and independent States, and that, as free and indeOrr, and Mr. R. W. Barnwell, who were auconclude peace, contract alliances, establish comthorized to proceed immediately to Wash- merce, and to do all other acts and things which inington, to enter upon negotiations for a dependent States may of right do.' peaceful settlement of the relations between the United States and the "sovereign" State of South Carolina, including the transfer of the forts, &c. A committee reported a modification of the Constitution of the State,* so far as to substitute a new oath of allegiance,

viz.:

"All persons who shall be elected or appointed to any office of profit or trust, before entering into the execution thereof, shall take, besides special oaths not repugnant to this Constitution prescribed by the General Assembly, the following oath :"I do solemnly swear (or affirm) that I will bear faithful and true allegiance to South Carolina, so long as I may continue a citizen thereof, and that I am duly qualified, according to the Constitution of

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"They further solemnly declared, that whenever any form of government becomes destructive of the ends for which it was established, it is the right of

* See page 48, "A queer case." The modification, which positively stipulated that no part of that tion of the oath was in defiance of the State Constitu

instrument should be altered, "unless a bill to alter the same shall have been read three times, &c., and agreed to by two-thirds of both branches, &c.; neither shall any alteration take place until the bill, as agreed to, be published three months previous to a new election," &c., &c. The delegates doubtless assumed the principle that desperate emergencies require desperate resorts. The entire proceedings of the Convention were illegal according to the Constitution of the State.

DECLARATION

OF CAUSES.

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The Declaration of
Causes.

The Declaration of
Causes.

the people to alter or abolish | ed for the adoption of the States it, and to institute a new gov- the articles of union known as ernment.' Deeming the Gov- the Constitution of the United ernment of Great Britain to have become destructive States. of these ends, they declared that the Colonies are absolved from all allegiance to the British Crown, and that all political connection between them and the States of Great Britain is, and ought to be, totally disagreed, the compact was to take effect among those solved.'

"The parties to whom this Constitution was sub. mitted were the several sovereign States; they were to agree or disagree, and when nine of them

concurring; and the General Government, as the common agent, was then to be invested with their authority.

two of the States did not accede to the Constitution until long after it had gone into operation among the other eleven; and during that interval, they exercised the functions of an independent nation.

"In pursuance of this Declaration of Independence, each of the thirteen States proceeded to exer"If only nine of the thirteen States had concurred, cise its separate sovereignty; adopted for itself a constitution, and appointed officers for the adminis- the other four would have remained as they then tration of government in all its departments-legis-were-separate, sovereign States, independent of lative, executive, and judicial. For purposes of de- any of the provisions of the Constitution. In fact, fence, they united their arms and their counsels; and, in 1778, they entered into a league, known as the Articles of Confederation, whereby they agreed to intrust the administration of their external relations to a common agent, known as the Congress of the United States, expressly declaring, in the first article, that each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not, by this confederation, expressly delegated to the United States in Congress assembled.'

"Under this confederation the war of the Revolution was carried on, and, on the 3d of September, 1783, the contest ended, and a definitive treaty was signed by Great Britain, in which she acknowledged the independence of the Colonies in the following

terms:

"Article 1.-His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign, and independent States; that be treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, proprietary and territorial rights of the same and every part thereof.'

"Thus was established the two great principles asserted by the Colonies, namely, the right of a State to govern itself, and the right of a people to abolish a government when it becomes destructive of the ends for which it was instituted. And concurrent with the establishment of these principles was the fact, that each colony became and was recognized by the mother-country as a free, sovereign, and independent State.

"In 1787, Deputies were appointed by the State to revise the Articles of Confederation, and on the 17th of September, 1787, these Deputies recommend

"By this Constitution, certain duties were charged on the several States, and the exercise of certain of their powers restrained, which necessarily implied their continued existence as sovereign States. But, to remove all doubt, an amendment was added, which declared that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. On the 23d of May, 1788, South Carolina, by a convention of her people, passed an ordinance assenting to this Constitution, and afterward altered her own Constitution, to conform herself to the obligations she had undertaken.

"Thus was established, by compact. between the States, a government, with defined objects and powers, limited to the express words of the grant, and to so much more only as was necessary to execute the power granted. This limitation left the whole remaining mass of power subject to the clause reserving it to the States or to the people, and rendered unnecessary any specification of reserved rights.

"We hold that the government thus established is subject to the two great principles asserted in the Declaration of Independence; and we hold further that the mode of its formation subjects it to a third fundamental principle, 'namely, 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; and that, where no arbiter is provided, each party is remitted to his own judgment to determine the fact of failure, with all its consequences.

"In the present case that fact is established with certainty. We assert that fifteen of the States have

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