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Jefferson Davis' Message to Congress: States' Rights and Defense of Slavery

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The war began, however, with the Battle of Fort Sumter (12-13 April 1861) when Confederate General P.G.T. Beauregard ordered the batteries of Charleston, South Carolina to fire on Sumter which was garrisoned by Union troops under Major Robert Anderson.

Anderson surrendered the fort on the 13th and was given leave by Beauregard to return to the North. On the 15th, President Lincoln called for 75,000 volunteers to put down the rebellion in the South – and this call was answered.

Davis felt he needed to explain the course of events to his immediate audience, history, and future generations.

In the South, Confederate President Jefferson Davis had already called for 100,000 volunteers on 6 March 1861, over a month before the fall of Fort Sumter, to form an army – and yet he interpreted Lincoln’s call as an act of war.

Following Lincoln’s call, more states seceded from the Union, Virginia on 17 April 1861, with Arkansas, North Carolina, and Tennessee following in May and June.

On 29 April 1861, Davis addressed the Confederate Congress and felt he needed to explain this course of events and the South’s response, not necessarily to his immediate audience, but to history, to future generations. Davis' speech carefully develops four claims regarding the Confederacy:

This speech, along with Jefferson Davis’ famous Farewell Address to the US Senate upon his resignation, and his First Inaugural Address, make clear that, no matter what issues the South of the 19th century claimed had led to the Civil War, the underlying form of all of them had to do with slavery and, further, that the institution of slavery was finally what “state’s rights” rested upon: the right of White people to legally keep Black people in bondage.

The following excerpt, anthologized today under the title Jefferson Davis to the Confederate Congress, is taken from The Civil War: The South edited by Thomas Streissguth, pp. 35-46 and from the Yale Law School Avalon Project page, Confederate States of America – Message to Congress April 29, 1861 (Ratification of the Constitution).

Ellipses indicate omissions owing to considerations of space. The full speech is given below in the bibliography and External Links.

Gentlemen of the Congress: It is my pleasing duty to announce to you that the Constitution framed for the establishment of a permanent Government for the Confederate States has been ratified by conventions in each of those States to which it was referred.

To inaugurate the Government in its full proportions and upon its own substantial basis of the popular will, it only remains that elections should be held for the designation of the officers to administer it. There is every reason to believe that, at no distant day, other States, identified in political principles and community of interests with those which you represent, will join this Confederacy, giving to its typical constellation increased splendor, to its government of free, equal, and sovereign States a wider sphere of usefulness, and to the friends of constitutional liberty a greater security for its harmonious and perpetual existence.

It was not, however, for the purpose of making this announcement that I have deemed it my duty to convoke you at an earlier day than that fixed by yourselves for your meeting. The declaration of war made against this Confederacy by Abraham Lincoln, the President of the United States, in his proclamation on the 15th day of the present month, rendered it necessary, in my judgment, that you should convene at the earliest practicable moment to devise the measures necessary for the defense of the country.

The occasion is indeed an extraordinary one. It justifies me in a brief review of the relations heretofore existing between us and the States which now unite in warfare against us and in a succinct statement of the events which have resulted in this warfare, to the end that mankind may pass intelligent and impartial judgement on its motives and objects.

During the war waged against great Britain by her colonies on this continent, a common danger impelled them to a close alliance and to the formation of a Confederation, by the terms of which the colonies, styling themselves states, entered “severally into a firm league of friendship with each other for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.”

In order to guard against any misconstruction of their compact, the several States made explicit declaration in a distinct 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 contract of alliance, the war of the Revolution was successfully waged, and resulted in the treaty of peace with Great Britain in 1783, by the terms of which the several States were each by name recognized to be independent…

When the several States delegated certain powers to the United States Congress, a large portion of the laboring population consisted of African slaves imported into the colonies by the mother country. In twelve out of the thirteen States, negro slavery existed, and the right of property in slaves was protected by law. This property was recognized in the Constitution, and provision was made against its loss by the escape of the slave.

The increase in the number of slaves by further importation from Africa was also secured by a clause forbidding Congress to prohibit the slave trade anterior to a certain date, and in no clause can there be found any delegation of power to the Congress authorizing it in any manner to legislate to the prejudice, detriment, or discouragement owners of that species of property, or excluding it from the protection of the Government.

The climate and soil of the Northern States soon proved unpropitious to the continuance of slave labor, whilst the converse was the case at the South. Under the unrestricted free intercourse between the two sections, the Northern States consulted their own interests by selling their slaves to the South and prohibiting slavery within their limits.

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The South were willing purchasers of a property suitable to their wants and paid the price of the acquisition without harboring a suspicion that their quiet possession was to be disturbed by those who were inhibited not only by want of constitutional authority, but by good faith as vendors, from disquieting a title emanating from themselves.

As soon, however, as the Northern States that prohibited African slavery within their limits had reached a number sufficient to give their representation a controlling voice in the Congress, a persistent and organized system of hostile measures against the rights of the owners of slaves in the Southern States was inaugurated and gradually extended…

In the meantime, under the mild and genial climate of the Southern States and the increasing care and attention for the well-being and comfort of the laboring class, dictated alike by interest and humanity, the African slaves had augmented in number from about 600,000, at the date of the adoption of the constitutional compact, to upward of 4,000,000.

In moral and social condition, they had been elevated from brutal savages into docile, intelligent, and civilized agricultural laborers, and supplied not only with bodily comforts but with careful religious instruction.

Under the supervision of a superior race, their labor had been so directed as not only to allow a gradual and marked amelioration of their own condition, but to convert hundreds of thousands of square miles of the wilderness into cultivated lands covered with a prosperous people; towns and cities had sprung into existence, and had rapidly increased the wealth and population under the social system of the South; the white population of the Southern slaveholding States had augmented from about 1,250,000 at the date of the adoption of the Constitution to more than 8,500,000 in 1860; and the productions of the South in cotton, rice, sugar, and tobacco, for the full development and continuance of which the labor of African salves was, and is, indispensable, had swollen to an amount which formed nearly three-fourths of the exports of the whole United States and had become absolutely necessary to the wants of civilized man.

With interests of such overwhelming magnitude imperiled, the people of the Southern States were driven by the conduct of the North to the adoption of some course of action to avert the danger with which they were openly menaced…

[At this point, Davis discusses the Battle of Fort Sumter, characterizing the event as the Southern States’ response, in self-defense, to the aggression and machinations of President Lincoln.]

…Not only does every event connected with the siege reflect the highest honor on South Carolina, but the forbearance of her people and of this Government, from making any harsh use of a victory obtained under circumstances of such peculiar provocation, attest to the fullest extent the absence of any purpose beyond securing their own tranquility and the sincere desire to avoid the calamities of war.

Scarcely had the President of the United States received intelligence of the failure of the scheme which he had devised for the reinforcement of Fort Sumter, when he issued the declaration of war against this Confederacy which has prompted me to convoke you.

In this extraordinary production, that high functionary affects total ignorance of the existence of an independent Government, which, possessing the entire and enthusiastic devotion of its people, is exercising its functions without question over seven sovereign States, over more than 5,000,000 of people, and over a territory whose area exceeds half a million square miles.

He terms sovereign States “combinations too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshals by law.” He calls for an army of 75,000 men to act as a [force] in aid of the process of the courts of justice in States where no courts exist whose mandates and decrees are not cheerfully obeyed and respected by a willing people.

He avows that “the first service to be assigned to the forces called out” will be not to execute the process of courts, but to capture forts and strongholds situated within the admitted limits of this Confederacy and garrisoned by its troops; and declares that “this effort” is intended “to maintain the perpetuity of popular government.”

He concludes by commanding “the persons composing the combinations aforesaid” – to wit, the 5,000,000 of inhabitants of these States – “to retire peaceably to their respective abodes within twenty days.”

Apparently contradictory as are the terms of this singular document, one point is unmistakably evident. The President of the United States called for an army of 75,000 men whose first service was to be to capture our forts. It was a plain declaration of war which I was not at liberty to disregard because of my knowledge that, under the Constitution of the United States, the President was usurping a power granted exclusively to the Congress…

We feel that our cause is just and holy; we protest solemnly in the face of mankind that we desire peace at any sacrifice save that of honor and independence; we seek no conquest, no aggrandizement, no concession of any kind from the States with which we were lately confederated; all we ask is to be let alone; that those who never held power over us shall not now attempt our subjugation by arms.

This we will, this we must, resist to the direst extremity. The moment that this pretension is abandoned, the sword will drop from our grasp, and we shall be ready to enter into treaties of amity and commerce that cannot but be mutually beneficial.

So long as this pretension is maintained, with a firm reliance on that Divine Power which covers with its protection the just cause, we will continue to struggle for our inherent right to freedom, independence, and self-government.

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