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To: DoodleDawg
“Why? The Texas v. White decision made it clear that secession as legal if done correctly.”

Victor's Justice.

I always wondered why Lincoln didn't go to court and get an order requiring the southern states to return to the union and then, if necessary, enforce the court order. It possibly could have avoided war.

Maybe because at the time he was threatening to have the chief justice of the Supreme Court arrested?

Maybe Lincoln didn't want a ruling on the constitutionality of secession until 300,000 or so Southerners were safely buried.

For that Lincoln needed a pretext for war, which he found using the navy in the Gulf of Tonkin incident. Err, I meant to say in the Fort Sumter incident.

234 posted on 06/29/2017 7:30:12 PM PDT by jeffersondem
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To: jeffersondem
I always wondered why Lincoln didn't go to court and get an order requiring the southern states to return to the union and then, if necessary, enforce the court order. It possibly could have avoided war.

Two likely reasons. The first is that the Supreme Court was not in session and the president does not have the authority to call them into session. And two, the Confederacy started their war within five weeks of the inauguration so there really wasn't any time.

Maybe because at the time he was threatening to have the chief justice of the Supreme Court arrested?

Total nonsense. As I have pointed out before on this forum, Roger Taney has been the subject of a number of biographies. And in not a single one has any of the biographers mentioned anything about Lincoln's plan or attempt to arrest him. Not a single one. So there are three possible reasons for this. One, all these men are incompetent. Two, and no doubt this is the reason you will sign on to, all these men conspired to hide the truth to make Lincoln look good. Or three, it never happened.

Maybe Lincoln didn't want a ruling on the constitutionality of secession until 300,000 or so Southerners were safely buried.

Several decisions handed down during the period referred to the Southern war as a rebellion so that can't be it.

For that Lincoln needed a pretext for war, which he found using the navy in the Gulf of Tonkin incident. Err, I meant to say in the Fort Sumter incident.

Lincoln fought the war that Davis started.

240 posted on 06/30/2017 3:46:01 AM PDT by DoodleDawg
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