Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: RedStateRocker

“My understanding is that the Confederate constitution did not allow secession. Interesting that.”

That is an interesting comment. Can you post the provision in the CSA constitution that “did not allow secession”?


67 posted on 06/28/2017 12:29:07 PM PDT by jeffersondem
[ Post Reply | Private Reply | To 41 | View Replies ]


To: jeffersondem

Not directly, which is why I said it is merely my understanding.

One source for what is merely my understanding (not absolute certainty) is the following, however there is a good discussion and others make the point that since it (secession) was never mentioned it was implicitly allowed.

“It was proposed that the new [Confederate] Constitution explicitly recognize the right of secession, but the idea was dropped after others suggested that ‘its inclusion would discredit the claim that the right had been inherent under the old government.’ [Wilfred B.] Yearns, [The Confederate Congress (1960)], at 29; see also [Charles Robert] Lee [Jr., The Confederate Constitutions (1963)], at 101-02 (citing the relevant portions of the Journal and arguing that the right to secede was ‘implied in the specific phraseology of the Preamble,’ which in what seems to me a less than conclusive manner declared that the Constitution was the work of ‘the people of the Confederate States, each State acting in its sovereign and independent character’ . . .).”

David P. Currie, Through the Looking Glass: The Confederate Constitution in Congress, 1861 - 1865, fn. 39.

Also this:

Dixie Betrayed: How The South Really Lost The Civil War, by David J. Eicher,in Chapter 11, Jockying For Position, pages 158-159:

“Meanwhile, an even greater shocker rose to the floor of the Senate. On February 5 [1863], the Senate heard a proposed amendment to the Confederate Constitution that would allow an aggrieved state to secede from the Confederacy. “It shall do so in peace,” read the proposal, “but shall be entitled to its pro rata share of property and be liable for its pro rata share of public debt to be determined by negotiation.” The idea was referred to the Judicial Committee. Two days later senators failed to recommend the amendment, and the whole thing was dropped as a dangerous idea.”

The source given for the above was listed in the book “As quoted in Southern Historical Society Papers, 48: 60, 80.”x

Both are from a discussion at the following link:
https://civilwartalk.com/threads/csa-constitution-did-not-permit-secession.8924/


81 posted on 06/28/2017 1:04:41 PM PDT by RedStateRocker (Nuke Mecca, deport all illegal aliens, abolish the IRS, DEA and ATF.)
[ Post Reply | Private Reply | To 67 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson