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re: If secession was legal then what right did the North have to keep the South in the USA?

Posted on 8/17/17 at 6:11 pm to
Posted by asurob1
On the edge of the galaxy
Member since May 2009
26971 posts
Posted on 8/17/17 at 6:11 pm to
quote:

And think before you say 'slavery' because 1) that wasn't the focus of the war when it started and 2) the North was happily enjoying the agriculture products and taxes from the South right up until the moment shots were fired.


Fort Sumter.

South fired the first shots.

North fired the last ones.
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 8/17/17 at 6:15 pm to
That's why it's called the war of northern aggression.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 8/17/17 at 6:43 pm to
quote:

Remember, the US Government pardoned Jefferson Davis because they were afraid he would prove in court that secession was legal.
I've seen this mentioned a couple times today, but this I've never heard this before today. Is there a source that you can refer me to that discusses this?

In addition, if they could prove their case, why wouldn't they have done that before secession? And why was Jefferson Davis the person pardoned for this, when he doesn't appear to have much of a legal career other than as a politician? And why wasn't this information presented in Texas v. White, years later?
This post was edited on 8/17/17 at 6:45 pm
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 8/17/17 at 6:48 pm to
Here you go friend:

LINK
Posted by chickenpotpie
Member since Aug 2013
1161 posts
Posted on 8/17/17 at 8:47 pm to
quote:

In other words, a state can secede if: 

1. Has a democratically decided process to declare secession (via its own constitutional process). 
2. Submit the declaration congress. 
3. Congress votes to allow secession. 


I can understand your line of thinking, but I have to disagree with #3. It seems obvious that you would need the group members' acceptance to join the group. However, you should not have to have their permission to leave. That is going against personal freedom.

To explain it simply, I have to have a company's permission to start working for them. I don't have to have their permission to leave.
Posted by AU86
Member since Aug 2009
22342 posts
Posted on 8/17/17 at 8:57 pm to
“If you bring these [Confederate] leaders to trial it will condemn the North, for by the Constitution secession is not rebellion. Lincoln wanted Davis to escape, and he was right. His capture was a mistake. His trial will be a greater one.”
Chief Justice Salmon P. Chase, July 1867 (Foote, The Civil War, Vol. 3, p. 765)
Posted by DisplacedBuckeye
Member since Dec 2013
71439 posts
Posted on 8/17/17 at 8:59 pm to
quote:

That's why it's called the war of northern aggression.


No, it isn't.

It's called that by some because of revisionist bullshite. That's why Southerners didn't start using it until the 50's, when segregation was the goal. The South got their asses beat where it counted, so they tried to rewrite history by repeating nonsense. It stuck with ignorant people and the lobbying of the education systems in the South.

Now it's repeated by their ignorant children and grandchildren as if it's always been around and as if it's fact. It isn't, and it never will be. No amount of historical negationism will change that.
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
29423 posts
Posted on 8/17/17 at 9:05 pm to
quote:

Secession wasn't illegal. Nothing prohibited any state, legally, from leaving the union.
You are correct.

I read a great discussion about this from a guy who was either a historian or legal scholar. He claimed that in order for the states to sign on the dotted line to agree to become part of the union of states, they were given guarantees that they could withdraw from the union if they felt that the federal government wasn't living up to their end of the agreement.

He had a great analogy about a woman having to stay in an abusive marriage because divorce was not an option given to her.
This post was edited on 8/17/17 at 9:08 pm
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 8/17/17 at 9:40 pm to
quote:

I can understand your line of thinking, but I have to disagree with #3. It seems obvious that you would need the group members' acceptance to join the group. However, you should not have to have their permission to leave. That is going against personal freedom.

To explain it simply, I have to have a company's permission to start working for them. I don't have to have their permission to leave.
I actually thought of this as an example, so I get your point, but I don't think this necessarily works since it's a union (more like a marriage I guess).

Regardless, this issue seems to be the unilateral determination, and if that is the case, then if a state can secede from the United States based on it's own fruition, then the United States could do the same.

Imagine congress saying: "Will Mississippi. You take in more than you give in taxes. You rank at the bottom of most metrics. You don't have a go-to city. You're college football isn't very good, and Hugh Freeze has made it worse. You don't have any share of an economic sector we can't live without. Yeah, you have the coast, but we can survive without it, and will accept that region if they want to join us eventually. So sorry about your luck, you're fired and out of the club."

I guess you could argue that the 10th amendment doesn't give states that right, but at the same time, it seems odd that two parties must consent to union, but only one of the parties has the power to dissolve it.
Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/17/17 at 9:45 pm to
If secession was legal then what right did the North have to keep the South in the USA?

Secession was not legal under U.S. Law. Some states published secession documents. We get that.

But the sovereignty of the United States rests upon the people of the whole United States.

Right?

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

The states have no power to act when the sovereign power lies with the people.



This post was edited on 8/17/17 at 9:46 pm
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 8/17/17 at 9:49 pm to
quote:

He claimed that in order for the states to sign on the dotted line to agree to become part of the union of states, they were given guarantees that they could withdraw from the union if they felt that the federal government wasn't living up to their end of the agreement.
I mean it's possible, but this seems highly unlikely, especially since usually the potential states were the ones petitioning to join. It doesn't make sense that the Federal Government would have the advantage, yet give the states this disproportionate advantage as a condition to join them.
quote:

He had a great analogy about a woman having to stay in an abusive marriage because divorce was not an option given to her.
This analogy is flawed, because in this case, it would mean, abused or not, the woman would then be the only one with the power to divorce. The man couldn't, and an agreement is not necessary, nor is any legal process really required to re-mediate or arbitrate that matter.

In other words, it would in theory allow a woman, married to a perfectly fine and very rich husband, to divorce him, take all the assets she enjoyed on his behalf, and give him no legal recourse or power whatsoever.
Posted by mizzoubuckeyeiowa
Member since Nov 2015
35463 posts
Posted on 8/17/17 at 9:50 pm to
Monuments should stay, but why are so many in love with secession as a postive thing that would have benefited America back then?

What are the schools teaching these days?

The Constitution was formed to create "a more perfect Union" after the Articles of Confederation.

And the Articles of Confederation did explicitly state that “the Union shall be perpetual” so how could a "more perfect Union" - reverse field and make secession legal?

That would be absurd considering the framers were concerned about the loose alliance under the Articles of Confederation.

It was assumed if the Articles of Confederation prohitibed secession - surely a more binding Union Constition wouldn't allow it either...it was so illogical, the framers must have deemed it unworthy to include...

This idea that secession wasn't an act of war but a peaceful removal of a contract was conjured up years and years later after the Civil War by lost cause advocates.
This post was edited on 8/17/17 at 9:52 pm
Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/17/17 at 9:51 pm to
quote:

Remember, the US Government pardoned Jefferson Davis because they were afraid he would prove in court that secession was legal.


Nonsense.

Besides dead president Lincoln not wanting -any- trials, Davis would have to be tried in Virginia -- by Virginians.

Here is the deal on that.

Let Dana, in a letter to Attorney General W.M. Evarts on August 24, 1868, express his opinion why there should be no attempt to try Davis (and by extension, any other Confederate) for their activities during the War. The letter is a little long but I think it important to read all of it.

"Sir,

While preparing with yourself, before you assumed your present post, to perform the honorable duty the President had assigned to us, of conducting the trial of Jefferson Davis, you know how much my mind was moved, from the first, by doubts of the expediency of trying him at all. The reasons which prevented my presenting those doubts no longer exist, and they have so ripened into conviction that I feel it my duty to lay them before you in form, as you now hold a post of official responsibly for the proceeding.

After the most serious reflection, I cannot see any good reason why the Government should make a question whether the late civil war was treason, and whether Jefferson Davis took any part in it, and submit those questions to the decision of a petit jury of the vicinage of Richmond at "nisi prius" ["court of original jurisdiction"].

As the Constitution in terms settles the fact that our republic is a state against which treason may be committed, the only constitutional question attending the late war was whether a levying of war against the United States which would otherwise be treason, is relieved of that character by the fact that it took the form of secession from the Union by state authority. In other words the legal issue was, whether secession by a State is a right, making an act legal and obligatory upon the nation which would otherwise have been treason.

This issue I suppose to have been settled by the action of every department of the Government, by the action of the people itself, and by those events which are definitive in the affairs of men.

The Supreme Court in the Prize Cases held, by happily a unanimous opinion, that acts of the States, whether secession ordinances, or in whatever form cast, could not be brought into the cases, as justifications for the war, and had no legal effect on the character of the war, or on the political status of territory or persons or property, and that the line of enemy's territory was a question of fact, depending upon the line of bayonets of an actual war. The rule in the Prize Cases has been steadily followed in the Supreme Court since, and in the Circuit Courts, without an intimation of a doubt. That the law making and executive departments have treated this secession and war as treason, is a matter of history, as well as is the action of the people in the highest sanction of war."

This sorta bears repeating.

"...by happily a unanimous opinion, that acts of the States, whether secession ordinances, or in whatever form cast, could not be brought into the cases, as justifications for the war, and had no legal effect on the character of the war"
This post was edited on 8/17/17 at 9:53 pm
Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/17/17 at 9:55 pm to
quote:

Remember, the US Government pardoned Jefferson Davis because they were afraid he would prove in court that secession was legal.


Davis wasn't pardoned. Right?

You know that, right?

He was released on bail.
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 8/17/17 at 9:55 pm to
War of Northern Agression.

North Attached.
South Defended.

Winners wrote the history book.
Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/17/17 at 10:04 pm to
quote:

He claimed that in order for the states to sign on the dotted line to agree to become part of the union of states, they were given guarantees that they could withdraw from the union if they felt that the federal government wasn't living up to their end of the agreement.


There was no federal government when the states pledged perpetual Union.



Under the Articles of Confederation adopted in 1779 - 10 years before the Constitution was adopted- There was no president, no judiciary and no taxation - There was no federal government.

If you don't know the history shut your fricking mouths.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 8/17/17 at 10:05 pm to
quote:

If you don't know the history shut your fricking mouths.






LMAO at this coming from you. Delete your account.
Posted by NYNolaguy1
Member since May 2011
20879 posts
Posted on 8/17/17 at 10:06 pm to
quote:

There was no federal government.


Then how did Congress function?

Who employed them?
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 8/17/17 at 10:11 pm to
quote:

Here you go friend:
I mean that's interesting, because of the citizenship issue. And it does mention some were worried he would prove it was legal, but this assertion is not supported:
quote:

Remember, the US Government pardoned Jefferson Davis because they were afraid he would prove in court that secession was legal.
First of all everyone was pardoned as long as they applied for it.

And despite the concerns that he would prove the legality, his defense was trying to argue double jeopardy instead. And besides, a few years later they was a SCOTUS decision regarding this so those unsupported concerns seem especially irrelevant.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 8/17/17 at 10:17 pm to
quote:

Under the Articles of Confederation adopted in 1779 - 10 years before the Constitution was adopted- There was no president, no judiciary and no taxation - There was no federal government.
I don't know why you quoted me since I was disagreeing with the statement of the poster you actually quoted.
quote:

If you don't know the history shut your fricking mouths.
While I disagreed with him, I don't know why you're insulting him by pointing to a document that is not relevant to the discussion, since the constitution is the relevant document.

I really have no idea what is going on with your post here.
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