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A couple of months ago, @zeke5123 started a discussion about secession and the right to self-determination, and suggested that such a right was likely contingent, rather than absolute. In response, I wrote an analysis of the most famous writing on the topic of secession...and then posted it just after the following week's CW thread went live, which was very poor planning on my part. I hope the following is sufficiently interesting to justify a repost.
I've remarked before that I think the American Revolution should be more properly understood as an example of secession, not revolution. After all, the most famous document promulgating and defending the American position is the Declaration of Independence, and the choice of title is appropriate.
The part that comes before the famous "We hold these truths to be self-evident..." is the following:
This is a document about secession and self-determination. Next is the really famous bit (I'm adding numbers in brackets to highlight an internal list):
A clear statement of fundamental principles, but one key point later on is that Jefferson isn't claiming that these principles are a departure from English tradition, but that the Crown has been egregiously violating English tradition. The list doesn't end at three items:
"Alter or abolish" covers many potential approaches, from reform to secession to complete revolution. Which approach is justified in which cases?
This, I think, is the start of the answer to your question--the right of self-determination in terms of fully reforming/seceding/revolting must reach a threshold of severity in terms of provocation. The reasons matter, and the weight of tradition matters. "Light and transient causes" are not enough, and so:
When there is a longstanding pattern of abuse aimed at fundamental liberties, some variation of reform/secession/revolution is justified, and even morally compulsory. Note that Jefferson is not merely concerned with rejecting the old, abusive system, but also the necessity of replacing the old system with a new government that will properly "secure these rights." He is justifying a transition from a very bad system to a better system--tearing down the old and stopping at anarchy is not acceptable.
What follows is a bill of particulars, listing the offenses of the British Crown according to Jefferson, which amount to "a long train of abuses and usurpations...evinc[ing] a design to reduce them under absolute Despotism...." The details of this list are instructive, but outside the scope of this comment. After the list, Jefferson argues that the leadership of the American States has done its due diligence, and tried to fix the situation by attempts at reform, before proceeding to secession:
We have appealed to both the Crown and the British People for redress; neither provided it. As a result, we're walking away from this toxic relationship, but we're not going to kill your cat out of spite--we just want to go our own way. Note that Jefferson doesn't merely say that the behavior of the British Crown has been grievously bad, but that the American representatives have been particularly patient and prudent--there's an implied standard of conduct for the secessionists that continues in the final paragraph:
Jefferson wraps up with the final requirement for secessionists who are doing things correctly--you need to make your case. Not just that the suffered abuses have been so terrible, but also that you've tried lesser means and are only escalating when those means have failed, and that your judgment and restraint are being offered for consideration to both "the Supreme Judge of the world" and "the opinions of mankind." Are your reasons sufficient, or just "light and transient causes"? Do you have a plan for self-government, such that you can responsibly join the community of "Independent States"? Have you "Petitioned for Redress in the most humble terms" and are you confident in the "rectitude of [y]our intentions"?
Any secessionist or revolutionary worth their salt will answer yes to those questions with confidence--such is human nature. But Jefferson clearly isn't claiming that 'we've investigated our own motives, and found them acceptable,' he's appealing to God and man to be his judges.
In my view, Jefferson adequately makes his case as to the justice of the American secession from Britain. I think other secessionary movements are a mixed bag--some meet the various thresholds of behavior and others do not. In this framework, there isn't an unfettered "right to self determination" by a given identifiable subgroup of a larger political unit, but extreme cases may present a duty to reform an abusive government, or seceed from it, or overthrow it.
I guess I'll make the obligatory cynical post pointing out the fact that the Declaration of Independence wasn't really a legal document, but essentially just a very eloquently worded piece of Patriot propaganda, primarily meant to rally stateside on-the-fence loyalists and potential overseas allies over to the cause. It was not, as many now seem to want to interpret it, an actual good-faith attempt to justify their cause to the British government. (Basically an "open letter" to the crown. Most of the grievances were incredibly exaggerated, bordering on fabricated, which the actual British government would have realized; the drafters didn't care, because again, it wasn't actually intended for that audience.) I consider any deeper reading into the underlying philosophy behind the literal word of the Declaration to be peripheral to this fact; for example, I think Jefferson paints the colonies as having been "particularly patient and prudent" on the matter not because he truly believes in some kind of secessionist standard of conduct, but simply because it makes them look like the more reasonable party to outside observers.
They had their cause (independence from Britain) and their practical reasons, and worked the divine moral justifications out backwards from there, as in every cause that becomes a Just Cause (we see this all the time with their bastardized philosophical heirs today, as every issue suddenly becomes a Human Rights issue. Self-evident indeed). Just as the South did; it's not prominent nowadays for obvious reasons, buts there's plenty of equally eloquently written justification for secession by the moral and philosophical heavyweights of the Southern Cause. But they, of course, lost; the only real moral justification to the American Revolution, or secession, or whatever you want to call it, is the fact that they won the military conflict. If they lost, no one would be holding this document up as the benchmark for moral justification of secession.
All that said, I do believe that many of the founding fathers were probably in fact True Believers in some capacity; given how the USA turned out in the end, they were obviously right to believe they could do one better than the British in terms of governing the colonies.
What do you think were the actual primary motivations of the secessionist colonists?
It's not some secret history that the cause for secession was primarily sparked by economic grievances regarding taxation and trade, and from there grew into general grievances about British government overreach in the colonies. I'm not here implying there was some hidden primary motivation other than genuine economic and philosophical aversion to British rule, coupled with belief in the greater potential of a new system; like I said, these guys were true believers.
I'm just pushing back on the framing of the Declaration of Independence in particular as some benchmark for the justification of secession because, I guess to put it succinctly, and for lack of better term, it's kind of a puff piece.
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