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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 11:59 am to Champagne
Posted on 8/18/17 at 11:59 am to Champagne
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.
5
Posted on 8/18/17 at 12:11 pm to WhiskeyPapa
quote:False.
It was not legal.
quote:False.
This is borne out in the Prize Cases from 1863 and Texas v. White in 1869
Posted on 8/18/17 at 12:31 pm to WhiskeyPapa
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 on 8/18/17 at 4:39 pm to WhiskeyPapa
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 on 8/18/17 at 5:09 pm to WhiskeyPapa
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?
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 on 8/18/17 at 5:20 pm to WhiskeyPapa
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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