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To: Non-Sequitur; central_va; cowboyway
‘Completely false. Madison, Jackson, Webster, Clay, and Buchanan are just a few of the leaders who had denied that the right to secede, or in Madison's case to unilaterally secede, existed.’

Ahhh at it again? What a laugh!
Mr. Buchanan
‘The question fairly stated is: Has the Constitution delegated to Congress the power to coerce a state into submission which is attempting to withdraw or has actually withdrawn from the confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a state. After much serious reflection, I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the federal government. It is manifest upon an inspection of the Constitution that this is not among the specific and enumerated powers granted to Congress, and it is equally apparent that its exercise is not “necessary and proper for carrying into execution” any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution.

It appears from the proceedings of that body that on the 31st of May, 1787, the clause “authorizing an exertion of the force of the whole against a delinquent state” came up for consideration. Mr. Madison opposed it in a brief but powerful speech, from which I shall extract but a single sentence. He observed:

“The use of force against a state would look more like a declaration of war than an infliction of punishment, and would probably be considered by the party attacked as a dissolution of all previous compacts by which it might be bound.”

Upon his motion the clause was unanimously postponed and was never, I believe, again presented. Soon afterward, on the 8th of June, 1787, when incidentally adverting to the subject, he said: “Any government for the United States formed on the supposed practicability of using force against the unconstitutional proceedings of the states would prove as visionary and fallacious as the government of Congress,” evidently meaning the then existing Congress of the old Confederation.

Without descending to particulars, it may be safely asserted that the power to make war against a state is at variance with the whole spirit and intent of the Constitution. . . .

The fact is that our Union rests upon public opinion and can never be cemented by the blood of its citizens shed in civil war. If it cannot live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation, but the sword was not placed in their hand to preserve it by force. (Annual Message to Congress, December 3, 1860, Journal of the House of Representatives of the United States, 1860-1861, pp. 19-20)

357 posted on 05/14/2009 6:58:26 PM PDT by Rustabout
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To: Rustabout
Ahhh at it again? What a laugh!

No, the laughable part is how you don't bother reading documents you quote from, just take selected parts from whatever Southron propaganda site you stumble across. Had you actually read Buchanan's message you would have found this:

"The right of the people of a single State to absolve themselves at will and without the consent of the other States from their most solemn obligations, and hazard the liberties and happiness of the millions composing this Union, can not be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted and to the objects which it is expressly formed to attain.

It is not pretended that any clause in the Constitution gives countenance to such a theory. It is altogether rounded upon inference; not from any language contained in the instrument itself, but from the sovereign character of the several States by which it was ratified. But is it beyond the power of a State, like an individual, to yield a portion of its sovereign rights to secure the remainder? In the language of Mr. Madison, who has been called the father of the Constitution--

It was formed by the States; that is, by the people in each of the States acting in their highest sovereign capacity, and formed, consequently, by the same authority which formed the State constitutions. Nor is the Government of the United States, created by the Constitution, less a government, in the strict sense of the term, within the sphere of its powers than the governments created by the constitutions of the States are within their several spheres. It is, like them, organized into legislative, executive, and judiciary departments. It operates, like them directly on persons and things, and, like them, it has at command a physical force for executing the powers committed to it.

It was intended to be perpetual, and not to be annulled at the pleasure of any one of the contracting parties. The old Articles of Confederation were entitled "Articles of Confederation and Perpetual Union between the States," and by the thirteenth article it is expressly declared that "the articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual." The preamble to the Constitution of the United States, having express reference to the Articles of Confederation, recites that it was established "in order to form a more perfect union." And yet it is contended that this "more perfect union" does not include the essential attribute of perpetuity."

366 posted on 05/15/2009 5:22:22 AM PDT by Non-Sequitur
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