John S. Mosby.
Slave Owners Rebellion?
It is said that the most robust support for secession came from the areas that had the most slaveowners. Based on this information, some would argue that the cause of withdrawal was slavery. High federal support in areas with limited slaveowners, such as West Virginia, Western North Carolina, and Eastern Tennessee, are prime examples to support this claim. But first, we must ask the following questions: What about the non-slave owners in Eastern Virginia who supported the South? What about non-slaveholding Western Tennesseans and Deep South voters who supported secession? Should we claim they prove secession was in support of abolishing slavery? What about the slave states that stayed in the Union?
In Confederate Arkansas, 20% of their households were slave owners, while Kentucky, which remained primarily loyal to the Union, had 23% of their households that were slave owners. In North Carolina, near-unanimous support for secession was given after Lincoln’s call for volunteers when only 27% of the households in the state were slave owners. Arkansas voted 65 to 5 for secession after Lincoln’s call for volunteers, yet only 20% of households were slave owners. Although there were few Southern Jewish Confederates slave owners, a large portion of the group supported secession. Further, thirteen percent of the Virginia delegates from high slave-owning counties voted against secession.
A closer look shows that politics, not slavery, drove the secession movement. For example, in Western Virginia, many areas with a low percentage of slave owners supported secession, while many areas that were politically supporters of the Whigs did not. James McPherson , [who used the argument we are discussing] acknowledges, “A good many low slaveholding Democratic counties voted for immediate secession, while numerous high-slaveholding Whig counties cooperation.” In his book, Reluctant Confederates, Daniel Crofts looks at this argument and finds that while slave ownership influenced secession votes, political party associations were far more critical.
“A high slave-owning country in eastern Virginia was far more likely to poll a strong secession vote than a low slave-owning county in western Virginia. But a whig county in eastern Virginia was more likely to show more union strength than a Breckinridge country, just as a Breckinridge county in western Virginia was more likely to show pockets of secession support than a whig county.”
-Daniel W. Crofts Reluctant Confederates: Upper South Unionists in the Secession Crisis University of North Carolina Press reprint 1993
Further, the area that would become West Virginia had long opposed unfair tax rates within Virginia.[1] West Virginia, like today, was more an extension of Pennsylvania and did not share the southern culture of Virginia. Immigrants from Pennsylvania mostly inhabited West Virginia. In Clouds of Glory: The Life and Legend of Robert E. Lee, Michael Korda wrote, “Mountainous northwestern Virginia…was largely populated by settlers from Pennsylvanian who were instinctively pro-union.” The Appalachian areas of Western Virginia, Western North Carolina, and Eastern Tennessee had very different ethnic, political, and cultural histories.
West Virginia supported the Confederacy more than commonly believed. Many of the Virginia votes against secession did come from the western part of the state, but that does not make them supporters of the Union. These counties were surrounded by federal territory and not so anxious to jump into a war. The most robust support for the Union came from the northern panhandle or around the railroads who had a financial interest in remaining in the Union. The rest of the state was decidedly pro-South. Further, many Ohio and Pennsylvania troops went to West Virginia recruiting stations [this was common] and formed union regiments, so the actual number of units supporting the North is inflated.
Western Virginia’s support for the Union is overstated for many reasons. Early in the conflict, much of western Virginia was controlled by the Union, and a pro-union “restored government of Virginia” was instituted. Elections were only held in areas of Union control, as pro south civilians and soldiers fled the state and thus, were not allowed to vote on whether or not to join the Union. Lincoln decided to recognize this pro north government that met in Wheeling. This Government was not officially recognized by the state of Virginia but was rather an unconstitutionally created, militarily controlled area. Therefore, basing conclusions on this occupied territory is not a fair judge of western Virginia’s loyalties.
The Union support in Tennessee seems to be exaggerated and possibly based on a limited number of Union newspapers during the war. As in Virginia, Daniel W. Crofts shows that counties that were “traditionally Democrat,” the low-level slave-owning middle and western Tennessee counties, voted for secession. It was only in the Eastern area of the state where spare slave-owning counties held a strong pro-Union stance.
Maryland’s southern and eastern areas were similar in culture and politics to the rest of the South. In contrast, the pro northern areas of Maryland were heavily influenced by socialist immigrants from Europe and thus supported the North. Overall, support for the Union in Maryland also seems overstated.[2] The truth is that Eastern Tennessee, Western Virginia, and Western North Carolina remained Republican areas after the war. In contrast, the planter areas remained Democratic after the war.[3]
Lastly, if the Government did oppress a particular group, specifically slave owners, violating their rights, wouldn’t we then expect strong resistance from that sector? For example, if today’s politicians decided that pizza is unhealthy for us and outlawed it, then most pizza shop owners would likely be among those who would resist those efforts. Others may agree with the pizza owners but not be so willing to leave the country over it. So it should not be a surprise that slave owners were among the most dedicated secessionists.
The Confederate Constitution did not allow States to abolish Slavery
The first argument one often hears is that the Confederate Constitution made it impossible to abolish slavery. It is true that the central Confederate government could not abolish slavery; however, neither could the federal government under the U.S. Constitution in 1861, as Lincoln accepted in his First Inaugural Address. Confederate Constitution scholar Marshall DeRosa points out that freeing slaves was a state issue in the C.S.A. just as it was in antebellum America. Some have misread Article 1 Section 9 Clause 4 of the C.S.A. Constitution, claiming it outlaws the freeing of slaves; however, this section applies only to Congress and not to the sovereign states.
As DeRosa argues that the clause even demonstrates that its authors believed non-slave states would join the Confederacy. This is also shown in Article 4 Section 2 Clause 1 and Article 4 Section 3 Clause 1. Many in the Confederacy, including vice president Stephens, thought the non-slaveholding upper Midwest would join the Confederacy because its free trade laws would encourage states connected to the Mississippi River to join. In his infamous Cornerstone Address on March 21, 1861, Alexander Stephens said, “We made ample provision in our Constitution for the admission of other States…Looking to the distant future, and, perhaps, not very far distant either, it is not beyond the range of possibility, and even probability, that all the great States of the north-west will gravitate this way.”
Professor DeRosa shows that the South wanted border states and the free Midwest states to join the Confederacy. During the constitutional convention, the delegates rejected Howell Cobb of Georgia’s proposal that all states be required to be slave-owning. Senator Albert Brown of Mississippi stated, “Each state is sovereign within its own limits, and each for itself can abolish or establish slavery for itself.” The state of Georgia declared, “New States formed out of territory now belonging to the United States, or which may be hereafter acquired, shall be admitted into the Union with or without slavery as the people thereof may determine at the time of admission.” So while slavery was optional, states’ rights were applied in the C.S.A., regardless of their choice. In The Confederate Constitution of 1861, DeRosa summarizes, “Thus, slavery was not a constitutional prerequisite for admission, and once admitted, a state could either reorganize or prohibit the institution.”
Slavery was the “Cornerstone” of the Confederacy
The first argument I am usually given is that Alexander Stephens declared slavery to be the “Cornerstone of the Confederacy.” Although his speech has been named the “Cornerstone Speech, “he focuses also on tariffs, internal improvements, and economic issues. So why is most of his speech ignored and only a few sentences pulled out and attacked? The focus is on the portion that mentions slavery because slavery is what we want to be remembered as the primary cause of secession.
His speech was unprepared and given in the deep South state of Georgia. But I also think that there are other reasons to be cautious about the importance and understanding of the speech.
For one, it is only a transcribed piece. According to the newspaper reporter who transcribed it, it “Is not a perfect report, but only a sketch of the address of Mr. Stephens.” It is simply an interpretation of a portion of his actual speech. According to Stephens, in writings after the war, the speech was misinterpreted and misunderstood. He claimed he was simply restating what Judge Baldwin of the United States Supreme Court had said. The following, written in 1884 by Richard M Johnson, summed up Stephens’ speech and his use of the term “cornerstone.”
“On the subject of slavery there was no essential change in the new Constitution from the old as Judge Baldwin [of Connecticut] of the U.S. supreme court had announced from the bench several years before, that slavery was the cornerstone of the old Constitution [1781-89], so it is of the new” [1833] .
-Quote in Lochlainn Seabrook , Everything You Were Taught About American Slavery Is Wrong Sea Raven Press 2014
Later, Stephens wrote that what caused secession was a dispute over centralization. Stephens’ speech simply clarified disputed subjects in the U.S. Constitution that are now clearly defined and beyond dispute in the C.S.A. Constitution. These subjects include tariffs, internal improvement, and slavery. He was trying to assure the audience that the states would decide on these issues, not the central government.
As the Kennedy twins argue, if anyone should have been seen as speaking for the whole country, it ought to have been the Confederate President, Jefferson Davis. His three most essential speeches (Farewell to Congress, First Inaugural in Montgomery, Second Inaugural in Richmond) all speak to the causes of secession. He mentioned that the reasons for secession were liberty, state’s rights, tariffs, the Constitution, and preserving the Union from Northern Democracy. Jefferson Davis said, “I love the Union and the Constitution, but I would rather leave the Union with the Constitution than remain in the Union without it.” Davis does discuss slavery in the first of those speeches, but stresses more the sovereign right of his state, Mississippi, to secede.
Fugitive Slave Laws
Some critics claim that the South only cared for states’ rights when slavery was involved. To support this claim, they point out that the South objected to Northern states nullifying the federal fugitive slave laws. This objection seems reasonable on the surface but stems from a misunderstanding of both the purpose of states’ rights and the Union of 1860.
Even if we assume the premise for the sake of argument, it will only prove that the South did not care for the rights of the states in the North, not their state’s rights. Since the rights of the people of each state were in place to secure its individual states citizen’s rights and not another’s, this would make sense. And if one state decides not to follow the compact or contract [Constitution], disagreement will occur. This is also why the right to secession is vital to self-government.
However, a proper understanding of states’ rights is not lawlessness or states ignoring the Constitution; it is, in fact, the opposite. States’ rights are in place to prevent the current politicians in power from violating the Constitution or overstepping its bounds. In this case, the northern states were violating the Constitution because, in their minds, slavery was wrong in God’s eyes. As William Seward put it, “There is a higher law than the constitution.”
Within the Constitution, southerners were already granted the right to have their property returned. Northern states were violating this. Therefore states’ rights, as Jefferson said, are the best way of preserving the authority of the Constitution over elected politicians in D.C. who would seek to abolish it. The Constitution, not men, was the authority. The wording of the United States “supremacy clause” is set out below, occurring in Article VI. The wording of the Confederate equivalent, also occurring in Article VI, is identical apart from the substitution of “Confederate” for “United.”
This Constitution and the Laws of the United States made in Pursuance thereof; and all Treaties made, or to be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the contrary notwithstanding.
Only the Slave States joined the Confederacy
“Had Buchanan in 1860 sent armed forces to prevent the nullification of the fugitive slave law, as Andrew Jackson threatened to do so in 1833, there would have been a secession of fifteen northern states instead of thirteen southern states. Had the Democrats won in 1860, the northern states would have been the seceding states, not the southern.”
– James R. and Walter D. Kennedy, The South Was Right! Pelican Publishing Gretna 2008
Some believe it is self-evident that slavery caused secession because only slave states joined the Confederacy. So if I am defending the causes of the South and saying slavery was not the sole cause of secession, then why didn’t any free states join?
Keep in mind that when the Confederacy was first formed, there were more slave states still in the Union. Furthermore, if secession was driven by slavery, why didn’t all the slave states join the South? Many volunteers fought for the South from the non-slave state of California. New Jersey produced two Confederate generals, Gen. Samuel Gibbs French and Gen. Julius Adolphus de Lagnel.[4]
Many free states nearly left the Union as well. NY almost left the Union, and a middle confederacy might have formed, which could have included Penn, NY, NJ, MD, and D.E. On March 13, 1861, a report from A R Wright Esq of Georgia said Gov Hicks of Maryland was already corresponding with New York, Pennsylvania, and New Jersey governors about forming a central confederacy. Delaware, Virginia, Missouri, and Ohio were also later mentioned. The rise of a radical Republican party[5] to national prominence caused all sorts of upheavals.
The South originally planned for the northwest to join them. When Robert Smith addressed the citizens of Alabama, he believed Indiana and Illinois would join the Confederacy. He desired the entire Union (excluding New England) to eventually be drawn under the new Confederate Constitution, restoring the Union of the founders. However, when Lincoln called for war, many were unwilling to face an uphill battle against the might of the North. Further, nationalism and patriotism drove many to volunteer for the Union.
Also, consider that the states most influenced by the Jeffersonian tradition did leave the Union. And we must not forget the North maintained slavery during the war in MO, KY, DE, Washington DC, MD, Western Virginia, northern controlled sections of the Indian territory, and Union-controlled LA and Virginia.
John Mosby said Secession was about Slavery
The “Grey Ghost” of the Confederacy, John Mosby, said that the South was on the side of slavery during the war. Here, critics say, we have an admission from a former confederate informing us of what we all already knew, the South left to preserve slavery. Yet we are also told that post-war southerners are part of the “lost cause” and should not be listened to. Unless, of course, it is Mosby who was telling certain historians what they wanted to hear. Highlighting one statement made after the war by a southerner turned Republican trying to gain favor does not negate the factual purposes of southern secession.
Another argument used is not historical but rather philosophical. The argument is that the South could not care for freedom since they denied that freedom to others. However, this at most shows inconsistency in how they apply liberty. It also seems to assume the South left to preserve slavery.
In response, the South said that its citizens had more rights and were allowed more freedom than the North. The majority of states in the North did not allow individuals the freedom to own or buy human property as the “slave optional”[6] states did. All men were created equal; southerners had rights like anyone to own their property, including slaves. This is also why African-Americans, Native Americans, Jews, and others had equal rights to own slaves in the South. States had maintained legal slavery since before the Union was created. The world had accepted slavery for thousands of years. African slaves had no rights in Africa when they were enslaved.
Slavery also offered the owner freedom of another sort that we will discuss later. During an interview with historynet.com over his latest book on Lincoln, distinguished historian Eric Foner said, “To most white Southerners, owning a slave was not a contradiction to the idea of freedom, indeed rather the opposite, owning slaves made a person more free, it and enabled you to achieve the economic independence that all Americans thought was very important to freedom.”
States’ Rights were just to protect Slavery
“The doctrine of States’ rights was never a mere pretense for slavery, but reflected a deep passion for self-government rooted in Southern culture as well as an earnest understanding of the Constitution rooted in Southern history.”
-James Rutledge Rosch, From Founding Fathers to Fire Eaters; The Constitutional Doctrine of States Rights in the Old South Shotwell Publishing Columbia SC 2018
The claim that states’ rights were just an excuse to preserve slavery is a common one. This claim was covered earlier, but additional information is needed since it is repeated so often. State’s rights were vital to our Union, self-government, and our whole political system. Therefore, the next chapter also will be dedicated to this topic, and after reading it, this objection should dissipate.
As with the U.S. Constitution, the Confederate Constitution did not allow the central Government to abolish slavery. If the South had left to preserve slavery alone, why did they also add additional powers to the states? If states’ rights were to protect slavery, and slavery was protected, why the need for an even more decentralized Constitution? If the intention was to protect slavery, then the United States Constitution would have sufficed, and there would have been no need to create a document ensuring more vital states’ rights.
When the Confederate government overreached into state matters on non-slavery issues during the civil war, states resisted it. This resulted in states like Georgia threatening to secede. After slavery had ended in the United States, the South still maintained the most robust states’ rights philosophy in the country.
The first state’s rights advocates in the U.S., many of whom spoke out against slavery, were Southern men such as Thomas Jefferson, James Madison, James Monroe, St. George Tucker, George Mason, Patrick Henry, John Taylor of Caroline, and John Randolph. Patrick Henry called slavery “a lamentable evil,”but then said, “I deny that the general government ought to set them free.” George Mason said, “Every master of slaves is born a petty tyrant.” John Taylor of Caroline said, “The fact is that negro slavery is an evil which the United States must look in the face.”
States’ rights were also crucial to northern states before the civil war. There were Democrats in the North who were both for states’ rights and against slavery. These two came together in the northern states’ nullification of the fugitive slave laws. During the Civil War, Republicans wished to institute national banking, and many northern Democrats objected. Lazarus Powell stated, “The result of this course of legislation is to utterly destroy all the rights of the States. It is asserting a power which if carried out to its logical result would enable the national Congress to destroy every institution of the States and cause all power to be consolidated and concentrated here.” No matter the issue, states had pushed back against federal overreach; slavery was simply one more area where the federal was intruding on the states’ rights in 1860.
Preserving slavery was far from the primary goal of secessionists. During the war, Southern General Patrick Cleburne wanted to free all the slaves. Near the end of the war, Jefferson Davis sent diplomats to France and Britain, offering to end slavery if they would recognize the Confederacy. Some Northern generals, like General George Thomas, were wealthy slave owners who fought for the North despite saying during the war, “I am wholly sick of states’ rights.” State’s rights did not equal slavery. This misunderstanding comes from a post-war nationalistic approach to antebellum America. The next chapter will detail states’ rights before the Civil War to help us understand why they were considered vital to self-government and the Union.
Jeb Smith is the author of Missing Monarchy: What Americans Get Wrong About Monarchy, Democracy, Feudalism, And Liberty (Amazon US | Amazon UK) and Defending Dixie’s Land: What Every American Should Know About The South And The Civil War (written under the name Isaac. C. Bishop) – Amazon US | Amazon UK
You can contact Jeb at jackson18611096@gmail.com
[1] See George Stillman Hillard Life and Campaigns of George B McClellan 1864
[2] For more info, see Jeb Stuart; The Last Cavalier by Burke Davis.
[3] See “Man Over Money” the Southern Populist Critique of American Capitalism by Bruce Palmer.
[4] De Lagnel was appointed Brigadier General in the Confederate forces but for unknown reasons declined the rank, eventually rising to Lieutenant Colonel.
[5] A party that has not changed in its modern form.
[6] As the Kennedy’s described them.
