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To: Bubba Ho-Tep
And yet on another thread you said the the south was justified in their actions because of the insult that even speaking of the immorality of slavery presented, the "endless sniping against the honorable intentions of the Southern partners:" as you put it.

That doesn't sound like something I said. Do you have a link?

As for the South being justified in Seceding, since I regard the Declaration as establishing the point

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.

I must therefore conclude the south was justified in seceding since that is consistent with this principle.

Lincoln personal attitude toward the immorality of slavery is well-established and was long-standing. What he believed, though, is that the Constitution gave the president or congress no power (in peacetime, at least) to abolish it without a Constitutional amendment to that effect. Interestingly, if the slave states had hung together in opposition, it would still be impossible today to pass such an amendment.

And you indirectly admit that their acquiescence was obtained through coercion, and is therefore not a voluntary consent. It was consent obtained under duress.

The point remains, Slavery wasn't the sticking point. Independence was the sticking point. Lincoln could tolerate Slavery, but he couldn't tolerate people leaving his authority.

134 posted on 04/29/2015 1:47:15 PM PDT by DiogenesLamp
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To: DiogenesLamp
That doesn't sound like something I said. Do you have a link?

You know what? You're right. I confused you with another poster. I apologize.

I must therefore conclude the south was justified in seceding since that is consistent with this principle.

How was the federal government destructive of those ends?

And you indirectly admit that their acquiescence was obtained through coercion, and is therefore not a voluntary consent. It was consent obtained under duress.

Much like the British acceptance of American independence.

Lincoln could tolerate Slavery, but he couldn't tolerate people leaving his authority.

Lincoln's beliefs on his responsibility to hold the union together are stated in his first inaugural:

I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in the instrument itself.

Again: If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak—but does it not require all to lawfully rescind it?

Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was "to form a more perfect Union."

But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.

I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part, and I shall perform it so far as practicable unless my rightful masters, the American people, shall withhold the requisite means or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend and maintain itself.


135 posted on 04/29/2015 2:17:13 PM PDT by Bubba Ho-Tep
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