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To: cowboyway
... the legality of secession had never been argued in the courts until the White vs Texas case in 1869 ...

Try 1795.

As long as she [the state of New Hampshire] continued to be one of the federal states, it must have been on equal terms. If she would not submit to the exercise of the act of sovereignty contended for by Congress, and the other states, she should have withdrawn herself from the confederacy.
Justice William Paterson, Penhallow, et al. v. Doane's Administrators, 3 Dall. 54, 82 (1795).

Two principles appear to me to be clear. 1. The authority was not possessed by Congress, unless given by all the states. 2. If once given, no state could, by any act of its own, disavow and recall the authority previously given, without withdrawing from the confederation.
Justice James Iredell, Ibid., at 95.
[I]t was said that New Hampshire had a right to revoke any authority she may have consented to give to Congress, and that by her acts of assembly she did in fact revoke it, if it were ever given. To this a very satisfactory answer was made: if she had such a right, there was but one way of exercising it, that is, by withdrawing herself from the confederacy.
Justice John Blair, Ibid., at 112-113.

3 of the 4 justices held that unilateral secession was legal.

451 posted on 05/18/2009 5:16:44 PM PDT by 4CJ (Annoy a liberal, honour Christians and our gallant Confederate dead)
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To: 4CJ
Try 1795.

Who had seceded in the Penhallow case? What state?

459 posted on 05/18/2009 6:07:34 PM PDT by Non-Sequitur
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