Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

An Analysis of President Lincoln's Legal Arguments Against Secession
Apollo3 ^ | April 9, 1994 | James Ostrowski

Posted on 03/31/2014 10:24:31 PM PDT by 2ndDivisionVet

INTRODUCTION

On May 27, 1861, the army of the United States of America (the "Union")--a nation formed by consecutive secessions, first from Great Britain in 1776, and then from itself in 17881--invaded the State of Virginia,2 which had recently seceded from the Union, in an effort to negate that secession by violent force.

The historical result of the effort begun that day is well known and indisputable: after four years of brutal warfare, which killed 620,000 Americans, the United States negated the secession of the Confederate States of America, and forcibly re-enrolled them into the Union. The Civil War ended slavery, left the South in economic ruins, and set the stage for twelve years of military rule there.

Beyond its immediate effects, the Civil War made drastic changes in politics and law that continue to shape our world 130 years later. Arthur Ekirch writes: "Along with the terrible destruction of life and property suffered in four long years of fighting went tremendous changes in American life and thought, especially a decline in [classical] liberalism on all questions save that of slavery. * * * Through a policy of arbitrary arrests made possible by Lincoln's suspension of habeas corpus, persons were seized and confined on the suspicion of disloyalty or of sympathy with the southern cause. Thus, in the course of the Civil War, a total of thirteen thousand civilians was estimated to have been held as political prisoners, often without any sort of trial or after only cursory hearings before a military tribunal."3The Civil War caused and allowed a tremendous expansion of the size and power of the federal government. It gave us our first federal conscription law...

(Excerpt) Read more at apollo3.com ...


TOPICS: Conspiracy; Government; History; Military/Veterans
KEYWORDS: civilwar; confederacy; constitution; secession
Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160161-173 next last
To: Bubba Ho-Tep
If you think that the processes laid out in the Consitituion of electoral representation, judicial review and amendment are no more than “platitudes,” then your practical solution is revolution.

When the process becomes so corrupted that they are no more than that you're faced with a choice of either changing it by force while there is still something to fight for, or watch everything get sucked into a bureaucratic black hole and turned into food stamps until it all collapses in on itself and you're left with noting to fight for and nothing to fight with.

141 posted on 04/01/2014 12:46:07 PM PDT by tacticalogic
[ Post Reply | Private Reply | To 128 | View Replies]

To: tacticalogic

Then you’d better get started.


142 posted on 04/01/2014 1:17:33 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
[ Post Reply | Private Reply | To 141 | View Replies]

To: Bubba Ho-Tep
Then you’d better get started.

I'm guessing you'll be scarce when the SHTF.

143 posted on 04/01/2014 1:19:27 PM PDT by tacticalogic
[ Post Reply | Private Reply | To 142 | View Replies]

To: DoodleDawg

The Sherman Anti-Trust Act, passed in 1890 was to break up industrial complexes from Civil War. Didn’t work as corporations grew in power anyways.

Many will say democracy fails when half figure out that they can vote to transfer wealth from the other half.

What really happens is that large corporations simply pay both parties to get what they want.

US was brought into WWII at the behest of the large corporations. Why did we mainly focus on Germany when it was Japan that attacked us and posed the largest threat of invasion of the west coast?


144 posted on 04/01/2014 1:40:15 PM PDT by jonose
[ Post Reply | Private Reply | To 25 | View Replies]

To: jonose
The Sherman Anti-Trust Act, passed in 1890 was to break up industrial complexes from Civil War.

Not really. The large industrial complexes it was set up to deal with mostly emerged in the 70s and 80s, with Standard Oil, the symbol of all the trust-busters hated, being started in 1870.

The emergence of these giant industries had little to do with the war, they developed out of post-war conditions.

145 posted on 04/01/2014 2:05:48 PM PDT by Sherman Logan
[ Post Reply | Private Reply | To 144 | View Replies]

To: dagogo redux; rockrr; donmeaker
A woman enters into marriage with a man who becomes increasingly controlling and tyrannical. She says she wants a divorce, and leaves. He hunts her down, beats her almost to death, drags her back home in chains, and hobbles her so she can never leave again.

And the Northerners wonder why we will never forgive or forget.

Is there a shrink in the house?

146 posted on 04/01/2014 2:10:52 PM PDT by x
[ Post Reply | Private Reply | To 6 | View Replies]

To: x; dagogo redux; rockrr; donmeaker
A woman enters into marriage with a man who becomes increasingly controlling and tyrannical. She says she wants a divorce, and leaves. He hunts her down, beats her almost to death, drags her back home in chains, and hobbles her so she can never leave again.

And the Northerners wonder why we will never forgive or forget.

This is an excellent description of what was literally, not metaphorically, done to black slaves in this country.

I assume, therefore, that those who agree with this sentiment approve of black hatred of all who promote honoring the government and army instituted to protect the institution of slavery.

147 posted on 04/01/2014 2:17:57 PM PDT by Sherman Logan
[ Post Reply | Private Reply | To 146 | View Replies]

To: R. Scott
I dislike the term “civil war.” The South did not want to take over the government (example: English civil war), they wanted only to withdraw from the Union. I’d prefer the term “Second American Revolution.”

Maybe we call them both the "civil wars" rather than "revolutions" because the revolutionaries didn't succeed. There's a resistance to labeling failed uprisings as revolutions, a term which is apparently reserved for more successful rebellions.

And "Second American Revolution" still implies one political entity. Maybe you'd want to call it the "Confederate Revolution" or the "Southern Revolution" or the "Slaveowners' Revolution"

Also, I'm not so sure the line between struggles for control over one government and struggles for division into two governments is all that straightforward. If the two camps in the English or Russian Civil Wars couldn't defeat each other and had to settle for half a country or if Jefferson Davis had been able to achieve independence by deposing Lincoln the line would be pretty blurry.

148 posted on 04/01/2014 2:29:13 PM PDT by x
[ Post Reply | Private Reply | To 21 | View Replies]

To: tacticalogic

I’m not seeing you charging any barricades.


149 posted on 04/01/2014 2:34:56 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
[ Post Reply | Private Reply | To 143 | View Replies]

To: Bubba Ho-Tep
I’m not seeing you charging any barricades.

I'm not seeing you winning any elections.

150 posted on 04/01/2014 2:41:50 PM PDT by tacticalogic
[ Post Reply | Private Reply | To 149 | View Replies]

To: Tennessee Nana; Verginius Rufus
Alaska..If Putin decides to reclaim it,

You guys need to loosen your tinfoil beanies a notch or two.

151 posted on 04/01/2014 3:02:27 PM PDT by DoodleDawg
[ Post Reply | Private Reply | To 138 | View Replies]

To: tacticalogic

Until your revolution starts, I’ll keep trying to win elections.


152 posted on 04/01/2014 3:18:11 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
[ Post Reply | Private Reply | To 150 | View Replies]

To: Bubba Ho-Tep
Until your revolution starts, I’ll keep trying to win elections.

You do that. In the meantime, somebody better have a backup plan because yours isn't looking all that promising.

153 posted on 04/01/2014 3:42:02 PM PDT by tacticalogic
[ Post Reply | Private Reply | To 152 | View Replies]

To: tacticalogic; Bubba Ho-Tep
somebody better have a backup plan

I can tell you what's worked for me. I don't assume that I can materially change our political/economic world anymore than I can materially change the weather. I accept the current political/economic environment just as I accept the weather. That does not foreclose me from becoming involved and advocating changes I think would improve things, but it means that I make my own financial and economic decisions based upon the world as it is and not as I would like it to be. Among other things, I try not to place myself in the path of taxes.

I have taught my children to approach life in the same way. I do not expect major changes anytime soon. In fact, given our aging population and given the propensity of seniors as a group to show up on election day and to demand increasing benefits, I do not expect our government to begin shrinking until this huge generation of seniors is gone. Then, most remaining Americans may be sick and tired of government and taxes and then, maybe we can get some real change. I recognize that I may not be here then, but my children should be and I wish for them a more sensible world.

Until then, I choose to recognize reality. I know many, many senior tea party folks who, like most other seniors, oppose any reduction in senior benefits. There isn't going to be any secession and there isn't going to be any revolution designed to reduce senior benefits so long as these folks are still around.

But, if you're still young, time is on your side.

154 posted on 04/01/2014 4:17:20 PM PDT by Tau Food (Never give a sword to a man who can't dance.)
[ Post Reply | Private Reply | To 153 | View Replies]

To: Tau Food
I know many, many senior tea party folks who, like most other seniors, oppose any reduction in senior benefits. There isn't going to be any secession and there isn't going to be any revolution designed to reduce senior benefits so long as these folks are still around.

If the Democratic Party's affirmative-action beltway drones succeed in getting control of their health care, they may not be around as long as they were thinking.

155 posted on 04/01/2014 4:25:10 PM PDT by tacticalogic
[ Post Reply | Private Reply | To 154 | View Replies]

To: WhiskeyX

The Articles of Confederation were replaced by the Constitution. I’m still not convinced the Constitution deals with secession, and I’m not convinced that the Articles of Confederation are in legal force.

I’m not arguing or re-fighting the Civil War. I’m just not convinced yet, and I’ve been looking at this idea of secession for some time.


156 posted on 04/01/2014 4:31:16 PM PDT by AlmaKing
[ Post Reply | Private Reply | To 20 | View Replies]

To: MrB; DoodleDawg

DoodleDawg

In response to your post, I agree with MrB’s sentiment:

‘It wasn’t a “civil war” as the southern states had no designs on controlling the central government. Their design was to be independent of it.’

That’s why I consider the war an act of aggression.


157 posted on 04/01/2014 4:49:32 PM PDT by AlmaKing
[ Post Reply | Private Reply | To 43 | View Replies]

To: tacticalogic
We're getting between 10,000 and 11,000 new seniors each day. At least in the short run, they aren't going to die fast enough to make up for that influx.

But, like I say, if you're still young, time is on your side. When most of them are at long last dead and gone, there will be a real opportunity for change in this country.

158 posted on 04/01/2014 4:54:16 PM PDT by Tau Food (Never give a sword to a man who can't dance.)
[ Post Reply | Private Reply | To 155 | View Replies]

To: WhiskeyX

‘You must be illiterate to make such a blatantly bogus statement.’

Ok, WhiskeyX, your credibility is just about 0 despite your efforts due to the language and personal insults.

You do yourself no favors and in fact invite rejection of your arguments due to the nature of how you argue.

You’ll get frustrated ‘as usual’ and continue to think everyone is ignorant but you. That’s how you work. I doubt you will win any converts, and you come off as simply creepy.


159 posted on 04/01/2014 5:04:09 PM PDT by AlmaKing
[ Post Reply | Private Reply | To 74 | View Replies]

To: BroJoeK

The Confederacy gave the Union multiple chances to peacefully leave Fort Sumter. The Union refused. Lincoln could have backed down several times, if he truly wanted a peaceful resolution. But, he went ahead with re-supply.


160 posted on 04/01/2014 5:07:50 PM PDT by AlmaKing
[ Post Reply | Private Reply | To 75 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160161-173 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

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