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To: Idabilly
Really?! First of all, the federal government was created by the several States. It only had the authority that was delegated to it. Our federal ( not National ) Constitution is a compact amongst individual Sovereign entities.

Again, your claim was that nobody thought that secession was illegal. You are incorrect in that.

Webster understood this fact when he said...

Webster also said:

"I should much prefer to have heard from every member on this floor declarations of opinion that this Union could never be dissolved, than the declaration of opinion by any body, that, in any case, under the pressure of any circumstances, such a dissolution was possible. I hear with distress and anguish the word "secession," especially when it falls from the lips of those who are patriotic, and known to the country, and known all over the world, for their political services. Secession! Peaceable secession! Sir, your eyes and mine are never destined to see that miracle. The dismemberment of this vast country without convulsion! The breaking up of the fountains of the great deep without ruffling the surface! Who is so foolish, I beg every body's pardon, as to expect to see any such thing? Sir, he who sees these States, now revolving in harmony around a common centre, and expects to see them quit their places and fly off without convulsion, may look the next hour to see heavenly bodies rush from their spheres, and jostle against each other in the realms of space, without causing the wreck of the universe. There can be no such thing as peaceable secession. Peaceable secession is an utter impossibility. Is the great Constitution under which we live, covering this whole country, is it to be thawed and melted away by secession, as the snows on the mountain melt under the influence of a vernal sun, disappear almost unobserved, and run off? No, Sir! No, Sir! I will not state what might produce the disruption of the Union; but, Sir, I see as plainly as I see the sun in heaven what that disruption itself must produce; I see that it must produce war..."

As did James Buchanan...

From the same speech:

"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."

Mr. MADISON observed, that the more he reflected on the use of force, the more he doubted the practicability, the justice and the efficacy of it, when applied to people collectively, individually. Any union of the States containing such an ingredient seemed to provide for its own destruction. 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.

Nothing in that says anything about secession or how is should, or could, be accomplished. Madison is on record as saying that a lawful secession requires the consent of all the states. The Southern states did not try that route when they chose to leave.

287 posted on 12/28/2010 5:42:37 AM PST by Drennan Whyte
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To: Drennan Whyte
Again, your claim was that nobody thought that secession was illegal. You are incorrect in that.

The States ratifying the Constitution didn't think it was. What was said after the fact does not matter!

Nothing in that says anything about secession or how is should, or could, be accomplished. Madison is on record as saying that a lawful secession requires the consent of all the states. The Southern states did not try that route when they chose to leave.

Can you provide anything other than provide letters stating such? No. Madison is on record in Federalist #43 stating this:

The first question is answered at once by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed. PERHAPS, also, an answer may be found without searching beyond the principles of the compact itself. It has been heretofore noted among the defects of the Confederation, that in many of the States it had received no higher sanction than a mere legislative ratification. The principle of reciprocality seems to require that its obligation on the other States should be reduced to the same standard. A compact between independent sovereigns, founded on ordinary acts of legislative authority, can pretend to no higher validity than a league or treaty between the parties. It is an established doctrine on the subject of treaties, that all the articles are mutually conditions of each other; that a breach of any one article is a breach of the whole treaty; and that a breach, committed by either of the parties, absolves the others, and authorizes them, if they please, to pronounce the compact violated and void.

Madison later defended his statement with his Virginia report:

The constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority, of the constitution, that it rests upon this legitimate and solid foundation. The states, then, being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity that there can be no tribunal above their authority to decide, in the last resort, whether the compact made by them be violated and consequently that, as the parties to it, they must themselves decide, in the last resort, such questions as may be of sufficient magnitude to require their interposition.

You may say, "Federalist #43 is in regards to the Articles of Confederation" -- Remember, the Articles have language of eternity, the Constitution does not.

307 posted on 12/28/2010 7:25:27 AM PST by Idabilly ("I won't be wronged, I won't be insulted, and I won't be laid a hand on. ...)
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