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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 8/18/17 at 11:35 am to
Posted by Champagne
Already Conquered USA.
Member since Oct 2007
48288 posts
Posted on 8/18/17 at 11:35 am to
quote:

The South could have won a quick war, and almost did due to such low public support in the North at the beginning.


I agree. However, a quick and decisive campaign that would put a dagger at the throat of the US President and US Congress in Washington DC in 1861 would have required an experienced and well-trained Confederate Army led by talented, experienced and well-trained military leaders who were served by talented, experienced and well-trained military staff officers.

The CS Army never developed the ability to create fully competent and effective military staff work into the fight. That's what they would have needed to conduct a quick and decisive coordinated campaign against Washington DC in 1861 -- they needed to conduct a "blitzkrieg" in 19th century style, sort of like Napoleon did in 1805 vs Austria and Russia and especially like he crushed Prussia in 1806. Nappy's 1806 campaign to crush Prussia was a true 19th century "blitzkrieg".

Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/18/17 at 11:40 am to
quote:

The South could have won a quick war, and almost did due to such low public support in the North at the beginning.


Not really.

4/15/61:

BY THE PRESIDENT OF THE UNITED STATES:
A PROCLAMATION


WHEREAS the laws of the United States have been, for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law.

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed.

The details for this object will be immediately communicated to the State authorities through the War Department.

I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union, and the perpetuity of popular government; and to redress wrongs already long enough endured. I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event, the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with, property, or any disturbance of peaceful citizens in any part of the country.

And I hereby command the persons composing the combinations aforesaid to disperse, and retire peaceably to their respective abodes within twenty days from this date.
Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress. Senators and Representatives are therefore summoned to assemble at their respective chambers, at twelve o'clock, noon, on Thursdays the fourth day of July next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand.

By the President:ABRAHAM LINCOLN

Secretary of State WILLIAM H. SEWARD

Reaction and Resistance[edit]

Rather than a call for 75,000 military volunteers from any American state or territory, the two proclamations called for a specific number of volunteers from each state, including slave states in the South that had not yet declared their secession.

Several Northern states communicated enthusiasm, with states such as Indiana offering twice as many volunteers as requested.

Massachusetts volunteers reached Washington DC as early as April 19.[4]

-wiki
Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/18/17 at 11:44 am to
quote:

The CS Army never developed the ability to create fully competent and effective military staff work into the fight.


Lee for one disdained staff work which is why his army was usually half starved.
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 8/18/17 at 11:46 am to
I don't read any of your copy pasta.
Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/18/17 at 11:50 am to
quote:

“The real causes of dissatisfaction in the South with the North, are in the unjust taxation and expenditure of the taxes by the Government of the United States, and in the revolution the North has effected in this government, from a confederated republic, to a national sectional despotism.”


There were almost NO federal taxes in 1860. None. The government's revenue came almost 100% from tariffs on imported goods. And be advised that the Constitution prevents taxes or tariffs on the exports of any state.

A lot of people bring that up - poor southern states all taxed by he feds.

No Tax or Duty shall be laid on Articles exported from any State.

ARTICLE I, SECTION 9, CLAUSE 5
Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/18/17 at 11:53 am to
quote:

Walt, if a group of states or people want to secede from the Union of the USA, I don't believe that they will be controlled by the question of whether or not it is "legal" to do so.


"It might seem at first thought to be of little difference whether the present movement at the South be called "secession" or "rebellion." The movers, however, well understand the difference. At the beginning they knew they could never raise their treason to any respectable magnitude by any name which implies violation of law. They knew their people possessed as much of moral sense, as much of devotion to law and order, and as much pride in and reverence for the history and Government of their common country as any other civilized and patriotic people. They knew they could make no advancement directly in the teeth of these strong and noble sentiments. Accordingly, they commenced by an insidious debauching of the public mind. They invented an ingenious sophism, which, if conceded, was followed by perfectly logical steps through all the incidents to the complete destruction of the Union. The sophism itself is that any State of the Union may consistently with the National Constitution, and therefore lawfully and peacefully , withdraw from the Union without the consent of the Union or of any other State. The little disguise that the supposed right is to be exercised only for just cause, themselves to be the sole judge of its justice, is too thin to merit any notice."

- A. Lincoln 7/4/61
This post was edited on 8/18/17 at 11:54 am
Posted by WhiskeyPapa
Member since Aug 2016
9277 posts
Posted on 8/18/17 at 11:59 am to
quote:

So, IMHO, the legality question is interesting but not a completely important one.



The neo-reb apologists to this day want to say secession was legal under U.S. law.

It was not legal. This is borne out in the Prize Cases from 1863 and Texas v. White in 1869.
Posted by sugar71
NOLA
Member since Jun 2012
9967 posts
Posted on 8/18/17 at 12:02 pm to
quote:

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

And think before you say 'slavery' because 1) that wasn't the focus of the war


Melt days since Appomattox: 55,648
Posted by Guidge
New Orleans
Member since Nov 2016
556 posts
Posted on 8/18/17 at 12:02 pm to
Let me give you the real answer. 1) FIRST, the war was absolutely fought over slavery. Read South Carolina "Reasons for secession", they are almost exclusively regarding slavery. They fought for states' rights, but states' rights to own and manage slaves.

prior to the civil war, each state signed a pact with the Federal Government. The federal end of it stated it must uphold state laws and other stuff. South Carolina, the first state to secede, that the US government broke the pact by not forcing other non slave holding states (the north) to return runaway slaves. The US government claimed it couldn't uphold one states laws that broke another's. The us government also stated that it was constitutional to use military power to end rebellions.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123839 posts
Posted on 8/18/17 at 12:09 pm to
quote:

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

FIRST, the war was absolutely fought over slavery.
Nonresponsive to the question.

Was secession legal?

If so, what right did the North have to keep the South in the USA?
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123839 posts
Posted on 8/18/17 at 12:11 pm to
quote:

It was not legal.
False.
quote:

This is borne out in the Prize Cases from 1863 and Texas v. White in 1869
False.
Posted by Champagne
Already Conquered USA.
Member since Oct 2007
48288 posts
Posted on 8/18/17 at 12:31 pm to
quote:

The neo-reb apologists to this day want to say secession was legal under U.S. law. It was not legal. This is borne out in the Prize Cases from 1863 and Texas v. White in 1869.


Good points, Walt.

I don't know why any CSA sympathizer today would wrestle over the issue of legality for the reasons I stated.

Thinking for myself, if I were a Reb back then, I wouldn't think about legality. I would think about serving my new nation at war, not about legality. I would have already made peace with my commitment to risk and maybe give my life for the new CSA. I would not have worried about the legality. I don't condemn those who do wrestle with the legality issue, because I suppose that it is a personal matter.
Posted by Champagne
Already Conquered USA.
Member since Oct 2007
48288 posts
Posted on 8/18/17 at 12:37 pm to
quote:

Lee for one disdained staff work which is why his army was usually half starved.


I can't agree with any of that, Walt, No sir, I cannot.

Neither side fielded really effective military staffs. The reason has more to do with the fact that we had not fully developed our Warfighting systems, components and mechanisms back then. There was no Chief of Staff supervising a Chief of Operations, a Chief of Logistics and a Chief of Intelligence back then like we had later on and we have today.

Lee had no ability to go to his G-4 and say, "Hey, Loggie, my rations distribution chain is all fricked up. We're out of Schlitz. Fix this shite now."


Posted by MastrShake
SoCal
Member since Nov 2008
7281 posts
Posted on 8/18/17 at 12:52 pm to
quote:

And think before you say 'slavery' because 1) that wasn't the focus of the war when it started

Alexander Stephens, the vice president of the confederacy before, during, and after the civil war, said slavery was the main and direct cause

quote:

"The new constitution has put at rest, forever, all the agitating questions relating to our peculiar institution African slavery as it exists amongst us the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution."


this was about a month before the confederacy started the war by opening fire on Ft Sumpter.

oh, but let me guess...

"he didnt really think that."

"he didnt really mean that."

"he was only trying to make a point."

the same 5 or 6 people will say the same bullshite they always say whenever they get called out on their horrific beliefs.
Posted by volod
Leesville, LA
Member since Jun 2014
5392 posts
Posted on 8/18/17 at 12:52 pm to
You really need to read Turtledoves "Southern Victory" Series.

I think his portrayl of how things would go down is very accurate. And in the end, the South is better off united with the Union.

Posted by MastrShake
SoCal
Member since Nov 2008
7281 posts
Posted on 8/18/17 at 1:04 pm to
let me make this even more clear with another quote from Stephens "cornerstone" speech.

quote:

"Those ideas (that 'all men are created equal'), were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error."

"Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition."


the very "foundation" and "cornerstone" of the the confederate government, in the words of its vice president, was that white people are superior and that slavery was a black mans "natural and normal condition".

spin that, you pieces of shite.
Posted by AlwysATgr
Member since Apr 2008
16401 posts
Posted on 8/18/17 at 4:39 pm to
quote:

The neo-reb apologists to this day want to say secession was legal under U.S. law.

It was not legal. This is borne out in the Prize Cases from 1863 and Texas v. White in 1869.


The people do not have to wait for the SCOTUS to read for us.

From the DoI (1776)
quote:

That whenever any Form of Government becomes destructive of these ends, it is the Right of the
People to alter or to abolish it, and to institute new Government
, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Posted by doubleb
Baton Rouge
Member since Aug 2006
35963 posts
Posted on 8/18/17 at 5:09 pm to
It would seem to me that Virginia, NC, SC and Georgia had already seceded or left the British Empire and elected to join the US. Could they have left the US in the same fashion? Why not?

Now Tenn, La. and the other Confederate states were territories of the US who each petitioned to become a state and was granted statehood. Wouldn't they have a different legal position and less of a legal argument to leave the US?
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 8/18/17 at 5:11 pm to
quote:

It would seem to me that Virginia, NC, SC and Georgia had already seceded or left the British Empire and elected to join the US. Could they have left the US in the same fashion? Why not?
This is an interesting and compelling argument.
This post was edited on 8/18/17 at 5:11 pm
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
34625 posts
Posted on 8/18/17 at 5:20 pm to
quote:

It was not legal. This is borne out in the Prize Cases from 1863 and Texas v. White in 1869.



A northern court supporting the northern position. What were the odds?
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