- 19 Aug 2004 13:53
#409599
But was it legal? Nope. If the South illegally seceded from the Union then Federal occupation of Ft. Sumter would have indeed been legal, but that is not the case. Let's look at Lincoln's dishonest appraisal of the situation. In his inaugural address Lincoln said that, "“there shall be [no violence] unless it be forced upon the national authority.†and then he proceeded to define "national authority" in such a way that war was sure to follow. "The power confided in me, will be used to hold, occupy, and possess the property, and places belonging to the government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion—no using of force against, or among the people anywhere." Or in other words Lincoln promised no violence as long as the seceding states continued to pay taxes and agree to hostile military outposts on their soil, which is an absurdity.
The truth of the matter was that the seceding states wished to go in peace, but Lincoln would not have it. The South was too integral in his protectionist Whig agenda whereby the South was burdened with the costs of said program.
So, it seems to me that the basic question facing us here is whether secession was legally permitted under the Constitution.
In an address to the Congress Lincoln characterized secessionist arguments as having been "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."
Yet, this "sophism" (a word I am loathe to use regarding the state's rights to secede) did not originate in the insurrectionist Southern states, it was originated by Thomas Jefferson, a man Lincoln referred to as the “the most distinguished politician in our historyâ€
Jefferson, who called Virginia his “country,†planted the seeds of the secession doctrine when he wrote his Kentucky Resolution of 1798, in protest to the Alien and Sedition laws:
"The several states composing the United States of America are not united on the principle of unlimited submission to their general government; but that, by compact, under the style and title of the Constitution of the United States, and of certain amendments thereto, they constituted a general government for general purposes, delegated to that government certain powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void and of no effect."
I love this quote from Jefferson as it renders "void and of no effect" most of the Federal goverment's legislation these days. As I believe the primary purpose of the Constitution was to limit central government authority because the Founders viewed unchecked government authority as the primary threat to the liberty of "the People" Even the most ardent Lincoln supporter would have to concede that the modern Federal government has intruded into every area of our personal lives.
The Immortal Goon wrote:Lincoln was positive. The South attacked Fort Sumpter first.
Was it necessary? Yup. Since the beginning of the country two issues were never resolved - Federal power as opposed to state power; and slavery.
-TIG
But was it legal? Nope. If the South illegally seceded from the Union then Federal occupation of Ft. Sumter would have indeed been legal, but that is not the case. Let's look at Lincoln's dishonest appraisal of the situation. In his inaugural address Lincoln said that, "“there shall be [no violence] unless it be forced upon the national authority.†and then he proceeded to define "national authority" in such a way that war was sure to follow. "The power confided in me, will be used to hold, occupy, and possess the property, and places belonging to the government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion—no using of force against, or among the people anywhere." Or in other words Lincoln promised no violence as long as the seceding states continued to pay taxes and agree to hostile military outposts on their soil, which is an absurdity.
The truth of the matter was that the seceding states wished to go in peace, but Lincoln would not have it. The South was too integral in his protectionist Whig agenda whereby the South was burdened with the costs of said program.
So, it seems to me that the basic question facing us here is whether secession was legally permitted under the Constitution.
In an address to the Congress Lincoln characterized secessionist arguments as having been "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."
Yet, this "sophism" (a word I am loathe to use regarding the state's rights to secede) did not originate in the insurrectionist Southern states, it was originated by Thomas Jefferson, a man Lincoln referred to as the “the most distinguished politician in our historyâ€
Jefferson, who called Virginia his “country,†planted the seeds of the secession doctrine when he wrote his Kentucky Resolution of 1798, in protest to the Alien and Sedition laws:
"The several states composing the United States of America are not united on the principle of unlimited submission to their general government; but that, by compact, under the style and title of the Constitution of the United States, and of certain amendments thereto, they constituted a general government for general purposes, delegated to that government certain powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void and of no effect."
I love this quote from Jefferson as it renders "void and of no effect" most of the Federal goverment's legislation these days. As I believe the primary purpose of the Constitution was to limit central government authority because the Founders viewed unchecked government authority as the primary threat to the liberty of "the People" Even the most ardent Lincoln supporter would have to concede that the modern Federal government has intruded into every area of our personal lives.
Politics is the art of looking for trouble, finding it, misdiagnosing it and then misapplying the wrong remedies. Groucho Marx