First and foremost was their concern for what they perceive as violations by the federal government in enforcing both article IV of the constitution and the requirements of the 1850 Fugitive Slave Act. Interestingly, not one state in writing their Ordinance of Secession referenced the tenth amendment which purportedly was the foundation of later arguments on states’ rights. Essentially, the states right argument supposes the states have a right to secede as all “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States…” Although none of the seceding states in their Ordinance of Secession proclamations make any reference to their independent and sovereign status as rationalization for secession, John Grahm in his book A Constitutional History of Secession makes several references to the fact that the states maintained their independence and sovereignty as states, primarily based on their status under the Articles of Confederation. However, Grahm further supports his position that the states were independent and sovereign by referencing King George IIIs statement at the signing of the Treaty of Paris in 1783 at the conclusion of the Revolutionary War where the King referred to each state by name and claimed they be “free, sovereign, and independent states.” They were; from British
First and foremost was their concern for what they perceive as violations by the federal government in enforcing both article IV of the constitution and the requirements of the 1850 Fugitive Slave Act. Interestingly, not one state in writing their Ordinance of Secession referenced the tenth amendment which purportedly was the foundation of later arguments on states’ rights. Essentially, the states right argument supposes the states have a right to secede as all “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States…” Although none of the seceding states in their Ordinance of Secession proclamations make any reference to their independent and sovereign status as rationalization for secession, John Grahm in his book A Constitutional History of Secession makes several references to the fact that the states maintained their independence and sovereignty as states, primarily based on their status under the Articles of Confederation. However, Grahm further supports his position that the states were independent and sovereign by referencing King George IIIs statement at the signing of the Treaty of Paris in 1783 at the conclusion of the Revolutionary War where the King referred to each state by name and claimed they be “free, sovereign, and independent states.” They were; from British