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Attempts or aspirations of secession from the United Statesmarker have been a feature of the politics of the country since its birth. The line between actions based on an alleged constitutional right of secession as opposed to actions justified by the extraconstitutional natural right of revolution has shaped the political debate.

Except for the American Revolution which created the United States, no such movement, revolution or secession, has succeeded. In 1861 the Confederate States of America attempted, and failed, to achieve secession by force of arms in the American Civil War.

A 2008 Zogby International poll revealed that 22% of Americans believed while 73% did not believe that "any state or region has the right to peaceably secede and become an independent republic."

American Revolution

The second paragraph of the Declaration of Independence opens with one long sentence:

Historian Pauline Maier writes that this sentence “asserted one right, the right of revolution, which was, after all, the right Americans were exercising in 1776.” The chosen language was Thomas Jefferson’s way of incorporating ideas “explained at greater length by a long list of seventeenth-century writers that included such prominent figures as John Milton, Algernon Sidney, and John Locke, as well as a host of others, English and Scottish, familiar and obscure, who continued and, in some measure, developed that ‘Whig’ tradition in the eighteenth century.

Antebellum American political and legal views on secession

The issue of secession was discussed in many forums in the years before the American Civil War. With origins in the question of states' rights, dating to the Nullification Crisis, historian Maury Klein describes the contemporary debate: "Was the Republic a unified nation in which the individual states had merged their sovereign rights and identities forever, or was it a federation of sovereign states joined together for specific purposes from which they could withdraw at any time?" He observes that "the case can be made that no result of the war was more important than the destruction, once and for all ... of the idea of secession".

Secession and the United States Constitution

Constitutional scholar Akhil Reed Amar notes that the permanence of the United States changed significantly when the Articles of Confederation were replaced by the adoption of the United States Constitution. This action “signaled its decisive break with the Articles’ regime of state sovereignty.” By creating a constitution instead of some other type of written document, it was made clear that the United States was:

Patrick Henry represented a strong voice for the Anti-Federalists who opposed adoption of the Constitution. Questioning the nature of the new political organization being proposed, Henry asked:

The Federalists would point out that Henry exaggerated the extent that a consolidated government was being created and acknowledged that states would continue to serve an important function. However on the issue of whether states retained a right of unilateral secession from the United States, the Federalists made it clear that no such right would exist under the Constitution.

Natural right of revolution versus right of secession

Debates on the legality of secession often looked back to the example of the American Revolution and the Declaration of Independence. Law professor Daniel Farber defined the borders of this debate:

In the public debate over the Nullification Crisis the separate issue of secession was also discussed. James Madison, often referred to as “The Father of the Constitution”, spoke out against secession as a constitutional right. In a March 15, 1833 letter to Daniel Webster congratulating him on a speech opposing nullification, Madison discussed “revolution” versus “secession”:

Also during this crisis, President Andrew Jackson, in his “Proclamation to the People of South Carolina”, made the case for the perpetuity of the Union while also contrasting the differences between “revolution” and “secession”:

In the midst of the secession crisis that would lead to the Civil War, President James Buchanan in his final State of the Union Speech acknowledged the South would “after having first used all peaceful and constitutional means to obtain redress, would be justified in revolutionary resistance to the Government of the Union”, but he also reiterated the difference between “revolution” and “secession”:

New England Federalists and Hartford Convention

The election of 1800 saw Jefferson's Democratic-Republican Party on the rise with the Federalists in decline. Federalists became alarmed at what they saw as threats from the Democratic-Republicans. The Louisiana Purchase was viewed as a violation of the original agreement between the original thirteen states since it created the potential for numerous new states that would be dominated by the Democratic-Republicans. The impeachment of John Pickering, a Federalist district judge, by the Democratic-Republican dominated Congress and similar attacks by the Democratic-Republican Pennsylvania legislature against that state's judiciary further alarmed Federalists. By 1804 the viable base of the Federalist Party had been reduced to the states of Massachusetts, Connecticut, and Delaware.

A few Federalists, led by Timothy Pickering of Massachusetts, considered the creation of a separate New England confederation, possibly combining with lower Canada to form a pro-British nation. Historian Richard Buell Jr. characterizes these separatist musings:

The Embargo Act of 1807 was seen as a threat to the economy of Massachusetts and in late May 1808 the state legislature debated how the state should respond. Once again these debates generated isolated references to secession, but no clear cut plot ever materialized.

Spurred on by some Federalist party members, the Hartford Convention was convened on December 15, 1814 to address both the opposition to the War of 1812 (which lasted until 1815) and the domination of the federal government by the Virginia political dynasty. Twenty six delegates attended -- Massachusetts sent 12 delegates, Connecticut seven, and Rhode Island four. New Hampshire and Vermont decided not to send delegates although two counties from each state did send delegates. Historian Donald R. Hickey noted:

The final report addressed issues related to the war and state defense and recommended seven constitutional amendments dealing with "the overrepresentation of white southerners in Congress, the growing power of the West, the trade restrictions and the war, the influence of foreigners (like Albert Gallatin), and the Virginia dynasty's domination of national politics."

Massachusetts and Connecticut endorsed the report, but the war ended as the states' delegates were on their way to Washington, effectively ending any impact the report might have had. Generally the convention was a "victory for moderation", but the timing led to the convention being identified as "a synonym for disloyalty and treason" and was a major factor in the sharp decline of the Federalist Party.

Abolitionists

William Lloyd Garrison -- “Henceforth, the watchword of every uncompromising abolitionist, of every friend of God and liberty, must be, both in a religious and political sense -- ‘NO UNION WITH SLAVEHOLDERS’”


Sectional tensions, with the North and New England pictured as the victims of a slaveholders’ conspiracy, arose again in the late 1830s and 1840s over the related issues of Texas Annexation, the Mexican-American War, and the expansion of slavery. Isolated voices of separation from the South were again heard. Historian Joel Sibley writes of the beliefs held by some leaders in New England:

In the May 1844 edition of The Liberator, William Lloyd Garrison wrote "Address to the Friends of Freedom and Emancipation in the United States." In this strongly disunionist editorial, Garrison wrote that the Constitution had been created “at the expense of the colored population of the country”. With southerners continuing to dominate the nation because of the Three-fifths compromise, it was time “to set the captive free by the potency of truth” and “secede from the government.” on the same day that this issue was published, the New England Anti-Slavery Convention endorsed the principles of disunion from slaveholders by a vote of 250-24.

From this point on, with the introduction of the Wilmot Proviso into the public debate, talk of secession would be primarily a southern issue. The southern theme, increased perceptions of helplessness against a powerful political group attacking a basic southern interest, was almost a mirror image of Federalist beliefs at the beginning of the century.

South Carolina

During the presidential term of Andrew Jackson, South Carolinamarker had its own semi-secession movement due to the "Tariffs of Abomination" which threatened both South Carolina's economy and the Union. Andrew Jackson also threatened to send Federal Troops to put down the movement and to hang the leader of the secessionists from the highest tree in South Carolina. Also due to this, Jackson's vice president, John C. Calhoun, who supported the movement and wrote the essay "The South Carolina Exposition and Protest", became the first US vice-president to resign. South Carolina also threatened to secede in 1850 over the issue of California's statehood. It became the first state to secede from the Union on December 20, 1860 with the Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union and later joined with the other southern states in the Confederacy.

Confederate States of America

See main articles Origins of the American Civil War, Confederate States of America and American Civil War.


The most famous unsuccessful secession movement was the case of the Southern states of the United States. Secession from the United States was declared in thirteen states, eleven of which joined together to form the Confederate States of America (CSA). The eleven states of the CSA, in order of secession, were: South Carolinamarker (seceded December 20, 1860), Mississippimarker, Floridamarker, Alabamamarker, Georgiamarker, Louisianamarker, Texasmarker, Arkansasmarker, North Carolinamarker, Virginiamarker, and Tennesseemarker (seceded June 8, 1861). Secession was declared by its supporters in Missouri and Kentucky, but did not become effective as it was opposed by their pro-Union state governments. This secession movement brought about the American Civil War. The position of the Union was that the Confederacy was not a sovereign nation, but that a rebellion had been initiated by individuals. Historian Bruce Catton described President Abraham Lincoln's April 15, 1861 proclamation after the attack on Fort Sumter which defined the Union's position on the hostilities:

Supreme Court ruling

Texas v. White, was argued before the United States Supreme Courtmarker in 1869. The Court held in a 5–3 decision that the Constitution did not permit state to secede from the United States, and that the ordinances of secession, and all the acts of the legislatures within seceding states intended to give effect to such ordinances, were "absolutely null". However, the decision did allow some possibility of the divisibility "through revolution, or through consent of the States."

West Virginia

During the course of the American Civil War, the western counties of Virginia making up what is now West Virginiamarker seceded from Virginiamarker (which had joined the Confederacy) and became the 35th state of the U.S. Although a large number of these counties, constituting about two-thirds the territory of the new state, were unwilling participants in the separation from Virginia, wartime conditions and the defeat of the Confederacy insured their inclusion.

Texas secession from Mexico

The Republic of Texas successfully seceded from Mexico in 1836. In 1845 Texas joined the United States as a full-fledged state. Mexico refused to recognize Texas's independence and warned the U.S. that annexation meant war. The Mexican–American War followed in 1846, and the United States defeated Mexico.

California Secession from Mexico

The California Republicmarker, also called the Bear Flag Republic, successfully seceded from Mexico in 1846. The Republic was annexed by the United States less than a month afterward during the Mexican-American war. California was not admitted to the Union until 1850, two years after the discovery of gold at Sutter's Millmarker.

Commonwealth of the Philippines

In 1946, the Commonwealth of the Philippines, a United States territory which became a commonwealth, was the only part of the United States to have gained independence. Previously, between 500,000 and one million Filipinos had died during a war of resistance (most from an outbreak of cholera that coincided with the war) following annexation in 1898. These figures have been debated over time, and it is not clear that the deaths resulting from cholera should be included as deaths resulting from the war.

Recent efforts in the United States

Examples of both local and state secession movements can be cited over the last 25 years. Some secessionist movements to create new states have failed, others are ongoing.

City secession

The City of St. Louis, Missourimarker, withdrew from St. Louis Countymarker in 1876. Also the city of Denvermarker split from Arapahoe County, Coloradomarker in 1885. In 1967, the Wisconsinmarker town of Winneconne seceded from the state of Wisconsin in response to being left off the official state road map. The alternative secession strategies were either to annex surrounding communities and go to war or seek an attachment to another state, preferably with a better climate. Negotiations with then-governor Warren P. Knowles ended the rebellion after one day. There was an attempt by Staten Islandmarker to break away from New York City in the late 1980s and early 1990s (See: City of Greater New York). Around the same time, there was a similar movement to separate Northeast Philadelphiamarker from the rest of the city of Philadelphiamarker. The San Fernando Valleymarker lost a vote to separate from Los Angeles in 2002 but has seen increased attention to its infrastructure needs (See: San Fernando Valley secession movement). Currently, there is a movement by residents of Miller Beach, a neighborhood of Gary, Indianamarker and formerly independent town, to disannex itself from Gary. The reasoning behind the movement stems from Miller paying taxes into the city but feeling that it does not receive services in return.

County secession

In US history many counties have been divided, often for routine administrative convenience, although sometimes at the request of a majority of the residents. During the 20th Century over 1,000 county secession movements existed but since the 1950s only three have succeeded: La Paz County, Arizonamarker broke off from Yuma Countymarker and the Cibola County, New Mexicomarker effort both occurred in the early 1980s, while during 1998-2001 there was a transition by Broomfield, Coloradomarker to become a separate jurisdiction from four different counties.

Prior to these, the last county created in the U.S. was Menominee County, Wisconsinmarker, in 1959. The problem with Menominee County was an act to replace the Menominee Indian Reservation from 1961 to its restoration in 1973. Another case is Osage County, Oklahomamarker when the county was meant to replace the Osage tribal sovereignty, and the BIA declaration of it being a "mineral estate" not a sovereign tribal group nor the state's only Indian reservation in 1997.

The High Desert County, California plan to split the northern half of Los Angeles and the eastern half of Kernmarker counties, was approved by the California state government in 2006, but has never been officially declared in force. The state rejected the approval due to inaction of any establishment of county government in 2009.

State secession

Several towns in Vermontmarker including Killingtonmarker recently explored a secession request to allow them to join New Hampshiremarker over claims that they are not getting adequate return of state resources from their state tax contributions.

Advocates in the Upper Peninsula of Michiganmarker, have occasionally called for it to become a separate 51st state (sometimes with northern Wisconsin and Northeast Minnesota) called "Superior". Similarly some in the Little Egypt region of Illinois want to separate due to what they consider Chicago control over the legislature and economy.

In March 2008, the comptroller of Suffolk County, New Yorkmarker once again proposed for Long Islandmarker to secede from New York Statemarker, citing the fact that Long Island gives more in taxes to the state than it receives back in aid.

There have also been proposals for New York Citymarker to separate itself from New York State citing the vast political and economic differences between the two.

In 1977, the islands of Martha's Vineyardmarker and Nantucketmarker tried to secede from the Commonwealth of Massachusettsmarker (they also tried to secede from the United States and become an independent nation).

In Floridamarker, there have been calls in the past and present to separate the state into north (a more southern culture) and south (a more northern culture).

Politicians and activists in Northern Virginia complain that the Commonwealth of Virginiamarker maltreats the region, and mention a possible separation.

With the decision of the United States Supreme Courtmarker to hear District of Columbia v. Heller in late 2007, an early 2008 movement began in Montana involving at least 60 elected officials addressing potential secession if the Second Amendment were interpreted not to grant an individual right, citing its compact with the United States of America. [reference link missing, please establish]

Secession from the U.S.

On July 13, 1977, the City Council of Kinney, Minnesotamarker, led by Mayor Mary Anderson wrote a "tongue in cheek" letter to Secretary of State Cyrus Vance informing him of the city's secession from the Union to form the Republic of Kinney. Vance never acknowledged the letter.

The mock 1982 secessionist protest by the Conch Republicmarker in the Florida Keys resulted in an ongoing source of local pride and tourist amusement.

The group Republic of Texas generated national publicity for its actions in the late 1990s. There have been repeated attempts to form a Republic of Cascadia in the Pacific Northwest. The Hawaiian sovereignty movement has a number of active groupings which have won some concessions from the State of Hawaii.

In November 2006, the Supreme Court of Alaska held that secession was illegal, Kohlhaas vs. State, and refused to permit an Initiative to be presented to the people of Alaska for a vote. The Alaskan Independence Party remains a factor in state politics.

Efforts to organize a continental secession movement have been initiated since 2004 by members of Second Vermont Republic, working with noted decentralist author Kirkpatrick Sale. Their second "radical consultation" in November 2004 resulted in a statement of intent called The Middlebury Declaration. It also gave rise to the Middlebury Institute, which is dedicated to the "study of separatism, secession, and self-determination" and which engages in secessionist organizing.

In November 2006 the same group sponsored the First North American Secessionist Convention which attracted 40 participants from 16 secessionist organizations and was (erroneously) described as the first gathering of secessionists since the Civil War. Delegates included a broad spectrum from libertarians to socialists to greens to Christian conservatives to indigenous peoples activists. Groups represented included Alaskan Independence Party, Cascadia Independence Project, Hawai i Nation, The Second Maine Militia, Free State Project participants, the Republic of New Hampshire, the League of the South, Christian Exodus, the Second Vermont Republic, Texas Secession and the United Republic of Texas. Delegates created a statement of principles of secession which they presented as the Burlington Declaration. The Second North American Secessionist Convention in October, 2007, in Chattanooga, Tennessee received local and national media attention.

Additionally some members of the Lakota people of Montana, Wyoming, Nebraska, and the Dakota region are also making steps to separate from the United States. The self-proclaimed Republic of Lakotah has made a point to say that their actions are not those of secession, but rather an assertion of independence of a nation that was always sovereign and did not join the United States willfully. They note a failure of the United States government in honoring treaties, and abuse of Native peoples throughout its history. A statement of independence was released as of January 2008, and the United States government has not commented on the issue.

On April 1, 2009, the Georgia State Senate passed a resolution 43-1 which affirmed the right of States to nullify Federal laws. The resolution also included the assertion that if Congress took certain steps, including restricting firearms or ammunition, the United States government would cease to exist .

In April 2009, Rick Perry, the Governor of Texas, raised the issue of secession during a speech at a Tea Party protest: "Texas is a unique place. When we came into the union in 1845, one of the issues was that we would be able to leave if we decided to do that...My hope is that America and Washington in particular pays attention. We've got a great union. There's absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, who knows what may come of that." After Perry's comments received considerable attention and news coverage, Rasmussen Reports polled Texans and found that 31% of them believed that Texas has the right to secede from the United States, although only 18% would support secession.

See also



Notes

  1. Farber p. 87. Ketcham pp. 644-646. Remini pp. 21.
  2. Middlebury Institute/Zogby Poll: One in Five Americans Believe States Have the Right to Secede, Zogby International, July 23, 2008.
  3. Alex Mayer, Secession: still a popular idea? , St. Louis Post-Dispatch, July 25, 2008.
  4. Maier p. 135
  5. Klein pp. 32-33
  6. Klein p. xii
  7. Amar p. 29-32
  8. Amar pp. 35-36
  9. Ketcham pp. 644-646
  10. Remini pp. 21
  11. Farber pp. 87-88
  12. Buel pp. 22-23
  13. Buel pp. 44-58
  14. Hickey p. 233
  15. The Avalon Project http://www.yale.edu/lawweb/avalon/amerdoc/hartconv.htm
  16. Hickey p.233-234
  17. Hickey p. 234
  18. Cain p. 115
  19. Mayer p. 327
  20. Mayer p. 328
  21. Aleksandar Pavković, Peter Radan, Creating New States: Theory and Practice of Secession, p. 222, Ashgate Publishing, Ltd., 2007.
  22. Texas v. White, 74 U.S. 700 (1868) at Cornell University Law School Supreme Court collection.
  23. Curry, Richard O. Curry, A House Divided, A Study of the Statehood Politics and The Copperhead Movement in West Virginia, pg. 49, map.
  24. Foner, Eric Reconstruction: America's Unfinished Revolution, 1863-1877, Harper, 2002, pg. 39 "...twenty-six counties further south that had voted for secession [from the United States]."
  25. Weigley, Russell F. A Great Civil War, "Here was yet another instance of the war's running out of control, creating its own momentum, with the predictable unhappy consequences. In much of the new state, the Confederacy in fact dominated throughout the war, all the more firmly supported by a local population resentful of attempts to alter its state allegiance against its will.", Indiana Univ. Press, 2000, pg. 55
  26. Dowling College Sawicki announced interest in 51st State
  27. An Extra-Session Resolution of individual Legislators of the 60th Montana Legislature and other elected Montana officials urging the United States Supreme Court that any "collective rights" holding in D.C. V. HELLER will violate Montana's compact with the United States, the contract by which Montana entered the Union in 1889. [1].
  28. The New York Sun and the Philadelphia Inquirer covered the convention.
  29. Bill Poovey, Secessionists Meeting in Tennessee, Associated Press, October 3, 2007; Leonard Doyle, Anger over Iraq and Bush prompts calls for secession from the US, Independent, UK, October 4, 2007; WDEF News 12 Video report on Secessionist Convention, October 3, 2007.
  30. http://www.washingtonpost.com/wp-dyn/content/article/2008/06/24/AR2008062401162.html?nav=rss_email/components
  31. http://www.legis.ga.gov/legis/2009_10/fulltext/sr632.htm
  32. http://blogs.chron.com/texaspolitics/archives/2009/04/perry_says_texa.html


References

  • Amar, Akhil Reed. America's Constitution: A Biography. (2005) ISBN 0-8129-7272-4
  • Buel, Richard Jr. America on the Brink: How the Political Struggle over the War of 1812 Almost Destroyed the Young Republic. (2005) ISBN 1-4039-6238-3
  • Cain, William E., editor. William Lloyd Garrison and the Fight Against Slavery: Selections from The Liberator. (1995) ISBN 0-312-10386-7
  • Farber, Daniel. Lincoln's Constitution. (2003) ISBN 0-226-23793-1
  • Hickey, Donald R. "Hartford Convention" in Encyclopedia of the War of 1812. Heidler, David S. and Heidler, Jeanne T. editors. (1997) ISBN 1-59114-362-4
  • Ketcham, Ralph. James Madison: A Biography. (1990) ISBN 0-8139-1265-2
  • Klein, Maury. Days of Defiance: Sumter, Secession, and the Coming of the Civil War. (1997) ISBN 0-679-44747-4
  • Maier, Pauline. American Scripture: Making the Declaration of Independence. (1997) ISBN 0-679-45492-6
  • Mayer, Henry. All on Fire: William Lloyd Garrison and the Abolition of Slavery. (1998) ISBN 0-312-18740-8
  • Remini, Robert V. Andrew Jackson and the Course of American Democracy, 1833-1845. (1984) ISBN 0-06-015279-6
  • Sibley, Joel H. Storm Over Texas: The Annexation Controversy and the Road to Civil War. (2005) ISBN 13: 978-0-19-513944-0


Further reading

(Also see list of secession books here.)
  • Thomas Naylor, Secession: How Vermont and all the Other States Can Save Themselves from the Empire, foreword by Kirkpatrick Sale, Feral House books, 2008.
  • Robert, F. Hawes, One Nation, Indivisible? A Study of Secession and the Constitution, Fultus Corporation, 2006.
  • James L. Erwin, Declarations of Independence: Encyclopedia of American Autonomous and Secessionist Movements, Greenwood Press, 2006.
  • David Gordon, Secession, State and Liberty, Transactions Publishers, 1998.



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