BY DAVID OVER.
COUNTING HOUSE
MMAMAd,
H i St<s f •
' a • ca
* 4 i | 1 £ •z
IJ§J J ~ I
tj H > H Gw CO
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Svuth Carolina during the American
Revolution.
The following reminiscences of the conduct
of South Carolina during the (Revolutionary
wr, we condense from two articles published
in the columns of a cot uiporary. Being sus
tained by the record, they are worthy of at
tention. There are some uoble names in the
history of South Caroliua, such as those of j
Marion, Suurter, Moultrie sod Lauieus, but i
they were exceptions to their fellow-citizens,
bitterly proscribed and huufed dowo by a pop* J
ulatioQ among whom disaffection to the Atneri- f
can c ue and attachment to Great Britain,
were as rife as SeCcssieuisui is now. There i*
''something in oiuod," and the traitors ot wuc
gctteiation most usually produce traitors in
the next
In 1802 Gen. ilouitrie published two vol
umes ot "Memoirs of tho Americuu llevolu
ttou, so far as it telated to the States of North
and South (Jaro'ina, au.l Georgia,'" &c. They
►how why South Carolina and the whole couu
'!) should he proud of him ; and as cleurly,
hy he aud the whole ecuntry were ashamed
of her.
When i'revst appeared before Charleston,
in May, 1771), the Governor nod Council were
in tl:o towu. as they were, they
UJ sense enough to appoint Moultrie to the
command of the troops, but they were too far
gone to susiaiu him
The Governor (says Moultrie) represent***, to mc
the horrors of a storm. He told me the State's
f-ngiuecr (Col. Seuf) bid represented to him the
litius to be in a very weak state. After some con
versation, be proposed to me thi seeding out a
"'f, to know what terms we could obtain. I told
"hn I thought wo cobU stand against' the eneiuy ;
that 1 did not think they could force the lines, apd
am 1 bid not choose to solid a dig in my name ;
hut if he choose it, and would call the Council
t ether, I would send any message. They request
'-'1 'ne to send the following, which was delivered
ny Mr. Kinioch :
•Gen. Moultrie, perceiving from the motions of
ear artay that your intention is to besiege the
tmvi, would be glad to know on what terms you
•uiii.i be disjwsed to grac: a capitulation, should
j w be inclinii to capitulate."
I'ievost's reply, which abounded in promises
beter iutetided to he was given to the
Governor, who*called a tueeiiug of the Uoun
e:'i at which Moultrie, Pulaski, aud Laurens,
vers present ulo. The miliury meu concurred
*o bdvising the cjviimtm not to think of sur
'enduring, auj cmoiistrated that the enemy
'-'".id te hecten tff \ one of these adviser* bad
° L 'c the thing before. But (he Govcruor
1 '• -i- 1 V u,. JC to believe nothing which did
' ' go to overrate the British power and dis
. .iitgo that of Li? owu country. Finally,
A Weekly Paper, Devoted to Literature, Politics, the Arts, Sciences, Agriculture, &c., &c—Terms: onß Dollar and Fifty Cents in Advance.
Moultrie was authorized to send word to Pre
vost, that surrender upon his terms was de
clined ; but offering, if ho would appoint a
Commissioner to couter about terms, to send
one to meet him at such time and place as
j Prevost might prescribe.
Sen. Moultrie says :
When the question was carried for giving up /At
town upon a neutrality, I will not say who was for
the question : but this I well remember, that Mr.
: Johr, Howards, one of the Privy Council, a worthy
| citizen and a very respectable merchant of Char
leston, was so affected as to weep, and said :
"What, are we to give up the town at last!"
The Governor and Council adjourned to Col
BeekmaN's tent on the lines, at the gate. I sent
! for Col. John Laurens from his house, to request
the Tuvor he would carry a niessige from the Gov
ernor and Council to Gen. Prevost; hut wlu nhe
knew the purpose he I (egged to lie excused from
carrying such a message ; that it was much against
' his inclination ; that he would do anything to serve
! his country, hut he could not think of carrying
such a message as that! I then sent for Col. Mc
intosh and requested he would go with Col. Roger
; Smith, who was called ou hy the Governor with the
message. They both begged I would excuse them ;
hoped and requested I would get soiue other person,
i however pressed them into compliance, which
message was as follows :
" '1 propose a neutrality during the war between
Great Britain and America and the question whether
| the State shall belong to Great Britain or remain one
i of the United States l>e determined by the treaty of
!>eace letween those two powers.' "
Chief Justice Marshall, in bis Life of
Washington, thus chronicles this disgraceful
; business :
The town was summoned to surrender, and the
day WA3 spent in sen ling and receiving Hags. The
I neutrality of South Carolina, during th•; war, leav
ing the question, whether that State should finally bt
long to Great Britain or the United States, to be set
tled in the treaty of peace, was proposed by the
garrison, and rejected by Prevost.
Ramsay, in his history, published in 1789,
thu* stales the action of his own State :
Commissioners ol the garrison were instructed
to propose a neutrality during the war between
Great Britain aud America, and that the question,
whether the Stale shall belong to Great Britain or re
main one of the United Slates, be decided hy the
treaty of peace between these powers.
The British commanders refused this ad
vantageous offer, alleging that they had not
come in a legislative capacity, and insisted
that, as the luhubitauts and others were in
arms, they should surrender as prisoners of
war.
Prof. Rowt'U, of Harvard, iu his Life of
Lincoln, (see Sparks' Atueiican Biography,}
remarks upon this ignominious propositions
This proposal did n>t c-omu merely from the
commander of a militi"-y garrison, in which case,
of course, it would have lieen only nugatory; the
Governor of the State, clothed with discretionary
powers, was iu the place, and proliahly most of his
' Council along with him. Whether such a propo
-1 sition would have been justifiable under any cir
! cumstances, is a question that need not 'ne discus
sed; at any rate, it would not have evinced much
honorable or patriotic feeling. But to make such
, an offer in the present case was conduct little shorr
of treason. Till within a fortnight, not an enemy's
foot had pressed their ground ; and even now, the
British held no strong position, had captured UODC
of their forts, and occupied only the little space ac
tually covered by the army in front of the town.—
The garrison equalled this army iu strength, and
might safely bid it defiance. No succors were at
hand lor the British, while the c rtain arrival of
Lincoln within a week would place them between
two fires, and make their position eminently haz<r
dous. Yet, whith these prospects before them,
the authorities of the place made a proposition
which was equivalent to an offer from the State to
return to its allegiance to the British crown ! The
transaction deserves particular notice here, because
the surrender of Charleston in the following year,
u surrender brought altout by the prevalence of the
same unpatriotic feeling, was made the ground of
some very unjust reflections upon the conduct of
Lincoln, their military commander.
This was South Carolina in 1779, and she
was as cowardly and selfish in 1780, as the
record prows.
.Early iu the year 1780, Sir Henry Clinton
and Vice Admiral Arbuthnot appeared before
Chaileston, but it was not until April tiiat
they commenced operations on the laud within
balf-a mile of the American works. The town
contained some two thousand regulars, and
unue than twice that number of miiiiia aad
armed citizens, uodor the command of Geu.
Lincoln.
Ou the 10th April, 1780, the British com
manders summoned Lincoln to surrender the
town, which summons received at once the fol
lowing answer :
To Gen. Sir Henry Clinton and Vict Admiral Ar
buthnot, Ate.
GENTLEMEN :— I have receiver! your summons of
this date. Sixty days have passed since it was
known that your intentions against this town were
hostile, in which time has been afforded to abandon
it; but duty and inclination point to the propriety
of supporting it to tlie last extremity.
1 have the honor to be, &c.,
B. LINCOLN,
Commander in the South Dejiartment.
CHARLES.TOWN, April 10, 1780.
On the Bth of May, another summons from
Sir Henry brought from Lincolu an offer of
terms, which were rejected; but the "militia
and citizens" took the matter in baud, and,
only three days afterward, Gen. Lincolu thus
addressed Gen. Clinton :
To His Excellency Sir Henry Clinton.
SIR . — The same motive of humanity which in
clined you to propose articles of c ipitulation to
this garrison, induced tue to offer those I had the
honor ol sending you ou the Bth instant. They
then appeared to iu<* such as I might proffer, and
you receive with honor to both parties. Your ex
ceptions to them, as they principally concerned thi
militia and citizens, 1 then conceived were such as
could not be concurred with ; bat a recent applica
tion from those people, wherein they exfrress a willing
ness to comply with them, and a wish on my part to
lessen, as much as may be, the disticsses of war to
individuals, lead me now to offer you my acceptance
ol iLetn.
I have the honor to be, Btc.,
B. LINCOLN.
CHARLIS-TOWN, May 11, 1780.
By the terms of the surrender, the Cooti
ucutal troops were prisoners of war, but
"THOSE PEOPLE" were prisoners on parole.
Sir Henry Clintou, writing to Lord George
Germanic, one of his Majesty's principal Sec
returics of State, from 'Head Quarters, Charles
ton, South Carolina, June 4, 1780,' says:
With the greatest pleasure, I further report to
your Lordship tluit the inhabitants from every
BEDFORD, PA., FRIDAY, JANUARY 18, 1861.
quarter repair to the detachments of the army, and
to this garrison, to declare their allegiance to the
king, and to offer their services in arms rn support
of his government. In many instances, they have
brought prisoners their former oppressors or lenders;
and I may ventu e to assert that there are few men
in South Carolina who are not either our prisoners or
in arms with us.
South Carolina has not neglected to furnish
witnesses of her owu to oorioborate the state
ments of Sir Henry Ciiuton. While ho was
writiug that letter, the patriots of Charleston
were writing such letters as this:
To their Excellencies, Sit HENRY CLINTON, Knight
of the Bath, General of His Majesty's Forces, and
MARIOT ARUUTUNOT, Esq., Vice Admiral of the
Blue, His Majesty's Commissioners to restore peace
and good government in the several Colonies in re
bellion in North America :
"T HLMBLK ADDRESS or DIVERS INHABITANTS
or CHARLES-TOWN ;
"The inhabitants of Charles Town, by the arti
cles ol capitulation, are declared prisoners on pa
role; but we the underwritten, having every in
ducement to return to our allegiance, aud ardently
hoping speedily to bo re-admitted to the character
and condition of British subjects, take this oppor
tunity of tendering to your excellencies our warm
est congratulations on the re-toration of this capi
tol and province to their political connection with
the Crown and Government of Great Britain, an
eveut which will add lustre to your Excellencies'
characters, and, we trust, entitle you to the most
distinguishing mark of the Royal lavor. Although
the right of taxing America in Parliament excited
considerable feelings in the minds of the people of
this province, yet let it, with a religious adherence
to truth, be affirmed, that that tlu.v did Dot enter
tain the most distant thought of dissolving the
union which so happily subsisted between tfcem and
their parent country; and when, in tho progress of
that fatal controversy, THE DOCTRINE OF INDEPEND
ENCY, WHICH ORIGINATED IN THE MORE NORTHERN
COLONIES, made its appearance among us, oua NA
TURE REVOLTED AT THE IDEA, and wo look back
with tlie most painful regret on there convulsions
that gave existence to a power of subverting a Con
stitution for which we always had, and ever shall
retain, the most profound veneration, aut substi
tuting iu its stead A RANK DEMOCRACY, which,how
ever carefully digested in theory, 011 being leduced
into practice, has exhibited a system of tyrannic
domination only to be found among the uncivilized
part of mankind, or in the history of the dark and
barbarous ages of antiquity.
"We sincerely lament, that after the repeal of
those statutes which gave rise to the troubles in
America,the overtures made hy His Majesty's
Commissioners, from time to time, were not re
garded by our late rulers. To this fata)'lnattention
are to be attributed those calamities winch nave
involved our coontry in a state of misery and ruin,
from which however we trust it wHi soon oinergo,
by the wisdom and clemency of his Majesty's aus
picious Government, and the influence ot jrudon
tiul laws, adopted to the nature of the uviL we la
bor under, an I that the people will be restored to
those privileges, in the enjoyment whereof theii
former felicity consisted.
"Animated with these hopes, we entreat your
Excellency's interposition, in assuring his Majesty,
that we shall glory in every occasion of manifest
ing that zeal and affection for his person and Gov
ernment, with which gratitude can inspire a free
and joyful people.
"CHARLES-TOWN, JIIUC 5, 1780.
John Wiagg, Win. Valentine,
Win. Glian, Christopher Willitnaa,
John Stopton, L>. Fendergrass,
John Rose, Daniel Bell,
Wui Greenwood, Kaw. Cure,
Jacob Vulk, Tbos. Timms,
Kohert Wilson, Thos. Buckle,.Br.,
Leonard Askew, Hupkius Price,
And McKensie, George Deuholm,
Robert Lithgow, Roger Brown,
Wm Wayne, Gideon Dupont," jr,
James G Williams, Jer. Savage,
James Ross, Andrew Iteid;
John Moncriel, Joseph Kingsby,
John Wells, Jr. Alax. Oliphaut,
A llard Bellin, Paul Hamilton.
John Wogner, Ch. Bouchoiaeau,
John Ward Taylor, John Bury,
Jock Holmes, Daniel Boyne,
James Cook, Peter Lambert,
Cbr Fitzsinimons, Henry Bookless,
John Davis, Wm. a. J wards,
Benj Baker, Sr. Thos. Buckle, jr.
John Fisiier, Henry Ephiam,
Charles Atkins, John Hartley,
Andrew Mitchell, James Carmicbael,
Farq McCullutn, Samuel Adams,
George Adamson, Clir. S butts,
Alexander Smith, David Taylor,
Jaiiiw Megown,, John Latuff,
William Davie, John Gillsnoez,
James Dumiug, John Barsou,
John Spried, Joseph Donavan; jr.
William Nervcob, Nicholas Bodeu,
John Daniel, James McKensie,
John Collum, Henry Walsh,
John Smith, Isaac Clarke,
Lewis Dutarque, John Durst,
James McKiown, Wm. Cameron,
William Burt, John Russell,
John Watson, John Bell,
Authony Montell, John Hayes,
James Lynch, James McKie,
George Grant, John McCall,
Abraham Poarce, Michael Hubert,
John Miot, Joseph Jones, ,
Fred Augustine, Henry Branton,
John Webb, John Callagan,
Robert Williams, John Ralph,
Alexander Macbeth, Samuel Bower,
John Robertson. George Young.
John Liber, Jamas Milligan,
Hugh Hose, Anthony Geaubeau,
Patrick Bower, William Smith,
Tuomas Todd, James Robertson,
Brian Foskie, Michael Quin,
Thomas Eustace, JohnGornley,
James Strickland, Walter liosewell,
William McKinney, Richard Dennis.
John Aborcrouioie, John VY. Glbbs,
David Bruce, Benjamin Sinker,
John Gray, John Bartels,
Thomas Dawson, William Miller,
Thomas Winstanley, John Burges,
Charles Ramadge, Thomas llutcbinsoo,
William Bower, Thomas Else,
Alexander Walker, Alexander Harvey,
John Lyon, John Patlord,
Uobert Philip, Thomas Phepee,
Robert Johuson, Samuel Knight,
Archibald Carsou, William Mills,
Emanuel Marshall, James Duncan,
Thomas Clary, Ja. Blackburn,
Thomas Hooper, John Johnston,
Ch. Sutter, Samuel Perry,
Robert Lindsoy, Goo. R. Williams,
Tho. Richardson, Matthias Hunkin,
James Rucb, Edm. Petrie,
Peter Dumont, Wm. Nisbett,
Tho. Saunders, Geo, Cook,
Ed. Leggee, Tho. Stewart,
Henry llardroff, Tho. Elliot,
Aaron Loeock, Gilbert Chaiiaer,
Arch. Brown, m Arch. Downs,
Wm. Russell, Alex. Johnstone,
Thomas Coram, James i agau,
James HarMey, James Bryant,
Andrew Thompson, James Courtonque,
, William Lay ton, Joseph Wvatt,
Nich Smith, John Cupht,
Andrew Stewart, James McLinachus,.
John Hartley, Wm. Jennings,
Jantes Gillandeau, Patrick McKam,
Hugh Truir, Robert Beard,
Lewis Coffere, Stephen Townshend,
Hugh Kirkham, James Snead,
Wm, Farrow, Ch. Bnrnham,
Wm. Arisam, Robert Mcintosh,
Tbo. Deighton, Charles A. Simonds,
Robert Paterson, G. Thompson,
John Parkinson, Isaac Lessennes,
John Love, Isaac Manyeh,
Alex. Ingles, Peter Procue,
How many of the descendants of these To
ries now sport the blue cockade ?
VV hen Baron De Kalb met Gencrul Marion,
during the Revolution, he expressed his
amszement that so many "South Carolinians
were running to take British protection."—
Mariou's explanation of the source of Toryism
then will answer very well to account for se
cession aud its attendant blm-ter to-day; it
was:
The people of Carolina form two classes, the rich
ami the poor. The poor are very poor; the rich,
who have slaves to do all their work, give them no
employment. Unsupported by the rich, they con
tinue poor and low spirited. The little they get is
laid 01U in brandy, not in hooks and newspapers;
hencetbey know nothing of the comparative bles
sings Qf oar country, nor of the dangers which
threaten it; therefore they care nothing about it.
The rich are generally very rich; afraid to stir let!
the British should burn their houses aud carry off
their negroes.
Tho circumstance that South Carolina con
tributed little or nothing to acquire the inde
pendence of these Status, and much to "aid
and comfort" tho enemy which resisted it,
gives her no right now to attempt the subver
sion of it.
Forts Moultrie aud Sumter.
We subjoin the followiug description of Fort
Sumter, the position which Major Anderson
now occupies. It will be road with great in
terest by our readers, owing to the excitement
now prevailing :
FORT SUMTER.
Fort Sumter, a work of solid masoury, oc
tagonal in form, pierced on the North, East,
ud West sides with a double tow of port boles
for the heaviest guns, and on the South or laud
side, iu addition to openings lor guns, loop
holm! for., musketry, stands in the middle cf the
harbor on the edge of the ship channel, and is
sai i to be bomb-proof. It is at prcseut without
any regular garrison. There is a large force
of workmen—some oue hundred aud fifty in
all—busily employed iu mountiug the guns auj
otherwise putting this groat strategic point iu
order. The armament of Fort Suuipter con
sist'' of 140 guns, many of thcrn being the for
midable ten-inch "Columbiads," which throw
either shot or shell, and which have a fearful
range. Only a few of those are yet in position,
, aud the work uf mouuting pieces of this calibre
jin tho oasemates is necessarily a slow one.—
There is also a large amount ol artillery stores,
consisting of about 40,000 pounds of powder,
and a proportionate quantity of shot and shell.
The workmen engaged here sleep iu the fort
every night, owing to the waut of any regular
commuuieation with the city. The wharf or 1
landing is ou tho south side, and is, of course,
exposed to a cross-fire frout all the openings ou
that side.
The Fort abandoned is thus described :
FORT MOULTRIE,
is an iuclo&ed water battery, haviDg a front on
the youth, or water side, of about 300 feet, aud
a depth of about 240 feot. It is built with
i salient and reentering angles on all s'des, aud
is admirably adapted for defence, either from
the attack of a storming party ur by regular
approaches.
The outer and inDer walls are of briek, cap
ped with stone, and filled iu with earth, making
a solid wall fifteen or sixteen feet in thiekucss.
The work now in progress consists in cleaning
tbo suni from tbe walls; ditching it around,
and erecting a glacis; closing up the postein
gates in the east and west walls, and instead
cutting sally-ports, which lead iuto stroDg out
works on the southeast and southwest angels,
in which twelve pouudcr howitzer guus will be
placed, enubliug tbe garrison to sweep the ditch
on three sides with giape aud canister. The
northwest angle of the fort has also beeu
strengthened by a bastiouette, to sustain the
, weight of a heavy gun which will command the
main street of the island. Tbe maiu entrance
has also been hotter scoured, and a trap-door,
two feet squaic, cut in the door for ingress and
egress. At this time tbe height of the wall,
troui the bottom of tbe ditch to the top of the
parapet is twenty feet. The ditch is from twelve
10 fifteen foot wide ut the base, aud fitteeo feot
deep. The nature of tbe soil would not seem
to admit of this depth beiug increased, quick
sand baviug beeu reached m places.
The work ou the souib side is nearly finish
ed. The countersorap is substantially built of
plank, and spread with turf. The glacis is also
finished. It is composed of sand, aud covered
with layeis of loam and turf, all of which is
kopt firmly iu place by the addition of sections
of plank nailed to uprights sunk in the sand,
and crossing each other at right angels, making
squa.es of about tea feot eaob. Tho purpose
ot tho glacis, which is an inclined plane, is to
expoxe au attacking party to the tire of the guns,
which arc so plaoed as to sweep it from the
crest of the counterscrap to the edge of the
beach. On the north side, all the wooden gun
cases have b< a ou plaoed close together 00 the
ramparts, apparently for tbo purpose of secur •
iug 11 against au escalade, but possibly as a
soteen for a battery of heavy guns. A good
many men are engaged in clearing the ramparts
of tuit and earth, tor the purpose of putting
down a very ugly looking arraugement, which
consists of ttrips of plank four inches wide,
oue inch aud a half thick, and six or eight feet
long, sharpened at the poiut, and nailed down,
so as to project about three feet horizontally
from the top of the wills.
A noticeable fact in the bastionettes, to which
we have before alluded, is the haste in which
one of them has been built. The one uomple
ted is formed of solid masonary. In construct
ing the other, however, a framework of plank
has been substituted. Against the iuside of
this wooden outwork loose brioks have been
plaoed. Both bistionettes are armed with a
small carronade aud a howitzer pointed later
ally so as to command the whole intervening
moat by a eross fire.
CASTLE PINCKNEY,
is located on the southern extremity of a nar
row slip of marsh land, which extends in a
northerly direction to Ilog Island Channel.—
To the harbor side the so-called oastle presents
a circular front. It has never been considered
of much consequence as a fortress, although
its proximity to the city would give it impor
tance, if properly armed and garrisoned. From
hasty observation we find that there are about
15 guns mounted on the parapet: the majority
of them are eigbteeu and twenty-four pouuders.
Some "Columbiads" are, however, within the
walls. Thote are also supplies of powder, shot,
aud shell. At present there is no garrison at
the post; the only residents are oue or two
watchmen, who have charge cf the harbor light.
Some thirty or forty day laborers are employed
repairing the cisterns and putting the plaee
gsnerally in order.
Dectaratiou of Indepeudeuce of South
Carolina, done iu Convention, Dee*
24, 1860.
The State of South Carolina baviug deter
mined to resume her sepcrato and equal plaee
among nations, deems it due to herself, to the
remaining Uuited States of North America,
and to the nations of the world that she should
declare the causes which have led to this act.
In the year 1765, that portion of the Brit
ish Empire embracing Great Britain undertook
to make laws for tLe government of that
portion composed of the thirteen Atuenoun
Colonies. A struggle for the right of self
go'veriimeut ensued, which resulted ou the 4th
of July, 1776, iu a Declaration hy the Colo
nics ' that they are and of right ought to be,
free and independent States, and that as free
aud independent States they have full power
to levy war, conclude peace, contract alliances,
establish commerce, aud to do all other acts
and things which independent States may of
right do."
They further solemnly declared that when
ever any "form of government becomes de
structive of the ends for which it was estab
lished, it is the right of the people to alter or
abolish it, aud to institute a new government."
Deeming the Government of Great Britain ti
have beooiuo destructive of these ends, they
declared that the colonies "aro absolved from
ail allegiance to the British ' Crowu, and that
all political couuectiou between them aud the
States of Great Britain is, and ought to be,
totally dissolved."
In pursuance of this Declaration of Inde
peudeuce, each of the thirteen States proceeded i
to exercise its separate sovereignty ; udopted
for itself a Constitution aud appointed officers
for the administralien of government in all
its departments—legislative, executive, aud
judioiul. For purposes of defense, they uuited
their arms and rhoir counsels ; aud, iu 1778,
they eutcred iuto a league kuowu us the Ar
ticles of Couferation, whereby they agreed to
entrust the administration of their external
relations to a common agent, kuowu as the
Congress ot the United Slates, expressly de
claring, iu the first article, "that euoh State
retains its sovereignty, freedom, and indepen
dence, aud every power, jurisdiction, and right
which is r.ot, by this confederation, expressly
delegated to the Uuited States iu Congress as
sembled.
Uuder this confederation the war of the
Revolution was carried on, and on the 31 of
September, 1783, tho coutest ended, and a
dcfiuite V eaty was sigued by Grca* Britain, in
whiob she acknowledged the independence of
the colonies iu the following terms :
ARTICLE I.—His liritannio Majesty ac
knowledges the said United States, viz : New-
Hampshire, Massachusetts Bay, Rhode Island
aud Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South
Carolina, aud Georgia, to be free sovereign,
and independent States ; that he treats with
them as such; aud for himself, bis heirs and
successors, relinquishes all claims to tbe gov
ernment, property, and territorial rights of tbe
same and every part thereof."
1 bus was established the two great priuoi
ples asserted by the Colonies, uamely, the
right of a State to govern itself, and tho right
ot a people to abolish a government when it
becomes destructive of the euds for whiob it
was instituted. And concurrent with the
establishment of these principles was the fact
that each Colony became and was recognized
by tbo mother country as a free, sovereigo,
aud independent State.
In 1787, deputies were appoiuted by the
States to revise the Articles of confederation,
and ou tho litb bepteuibcr, 1787, these depu
ties recommended for the adoption of the States
the articles of union known as the Constitution
of the United States.
The parties to whom this Constitution was
submitted were tbo several sovereign States.
They were to agree or disagree ; and when
uiue of them agreed, the compact was to take
effect among those concurring, and the General
Government, as the common agent, was thou
to be invested with their authority.
If only nine of the thirteen bta.os had con
curred, the other four would have remained as
they then wero—separate, sovereign States,
independent of any of the provi#iea of tho
VOL. 34, NO. 3.
Constitution. In fact, two of the States did
not accede to the Constitution until long after
it had gone into operatiou among the other
eleven, and during that interval they exercised
the fuuctions of an independent nation.
By this Constitution, oertain duties were
charged on the several States, and the exer
cise of oertain of their powers restrained,
which necessarily implied their continued ex
istence as sovereign States. Bu, to remove all
doubt, an amendment was added, which de
clared that the powers uot deleg.ted to the
United States by the Constitution, nor prohib
ited by it to the States, are reserved to the
States respectively, or to the people. On 23d
May, 1738, 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 ob
ligations she had undertaken.
Thus was established, by compact between
the States, a Government, with defined objects
and powers, liuiitod to the express words of
the grant, and to so tuuoh more only as was
necessary to execute the power granted. This
limitation left the whole remaining mass of
power suhjeot to the clause reserving it to the
States or to the people, and rendered unneces
sary any specification of reserved rights.
Wa hold that the Government tlius estab
lished is subjeot to the two great principles as
serted in the Declaration of Independence, aad
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 obligatiou is mutual—that the fail
ure of one of the oontraoting parties to perforin
a material part of the agreement entirely re
leases the obligations of the other, and that,
where no arbiter is provided, each party is re
mitted to his owu judgment to determine the
faot of failure with all its consequences.
in the present case that faot is establisned
with certainty. We assert that fifteen of tho
States bavo deliberately refused lor years past
to fulfill their Constitutional obligations, and
wo refer to their owu statutes for the proof.
The Constitution of the United States, in
its 4tb article, provides as follows.
"No person hold to service or labor in one
State, under the laws thereof, escaping into grj|
auotlier, shall, in consequence of any law or wis;
regulation thereiu, be discharged from such
service or labor, but shall be rtijjTtf cHL:up, $p
claim of the party to whom such service or
labor may be due."
This siipulation was so material to the com
pact that without it that compact would not
have been made. Ihegroutor uuiuber of the
contracting parties held slaves, and the State
of Virginia had previously declared her esti
mate of its value by making it the condition of
her cession of the territory which now com
| poses the Statos uorih of the Ohio river.
The same article of the Constitution stipu
lates also for the rendition by the several
States of fugitives from justice frrrn the other
St..tas.
The Geueral Government, as the common
agent, passed laws to carry into effect these
stipulations of the States, for many years
these laws were executed. But an increas
ing hostility cn the part of the Northern States
to the institution of Slavery, has led to a dis
regard of their obligations, and the laws of
the General Government have- ceased to effooi
the objects of the Constitution. The States
of Maine, New Hampshire, Vermont, Massa
chusetts, Connecticut, Rhode Island, New
York, Pennsylvania, Illiuois, Indiana, Ohio,
Michigan, Wisconsin and lowa have enacted
laws which either nullify the acts of Congress
or render useless any attempt to execute tbsm.
In many of these States the fugitive is dis
charged from the service of labor claimed, and
in none of them has the State Government
complied with the stipulation uiado in the Con
stitution. The State of New Jersey, at an
early day, passed a law for the rendition of
fugitive slaves in conformity with her Consti
tutional undertaking, but the current of anti
slavery feeling has led her more recently to
enact laws which render lhoperativo the reme
dies provided by her owu law and by the laws
of Cougress. la the State of New Yerkeveu
the right of transit for a slave has been denied
by her tribunals, and the States of Ohio and
lowa have refused to surrender to justice fu
gitives charged with murder and with inciting
servile insurrection in the Siato of Virginia.
Thus the Constitutional compact has been de
liberately brokeu and disregarded by the noa
slaveholdiug States, aud tho consequence fol
lows ttial South Carolina is released from its
obligations.
The ends for wbioh this Constitution was
framed uro declarod by itself to be "to form a
more perfect Union, establish justice, insure
domestic tranquility, provide for tho oounuon
defense, proteot the general welfare, and secure
tue blessings of liberty to ourselves and our
posterity."
lhese euda it endoavored to accomplish by a
Federal Government, iu which eaoh State was
recognized as an equal, aud had separate oon
trol over its owu institutions. The right of
property in slaves was recognized by giving tp
free persons distinct political rights; by giving
them tho right to represent, and burdening them
with direct taxes for tbree-fitbs of their slaves j
by authorizing the impoitation of slaves for
tweuty years, and by stipulating for the rendi
tion of fugitives from labor. y
We affirm that those ends for whiob this Gov
jrnmont was instituted have been defeated, and
the Government itself has been rnado destruc
tive of them by tho action of the non-slave
holding States. Those States have assumed
the right of deciding upon the propriety of our
domestic institutions, and have denied the rights
of property established iu fifteen of the States,
and rcooguixed by the they have
denounced as sinful the institution of Slavorj;
they lava peimittcd the open establishment