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To: Maelstrom
lLincoln remains the linchpin of an incremental slide away from a republic of collected states toward more and greater federal authoritarian powers.

President Lincoln made the same points that Chief Justice Jay and Justice Wilson made in 1793.

"We may then infer, that the people of the United States intended to bind the several states, by the legislative power of the national government...Whoever considers, in a combined and comprehensive view, the general texture of the constitution, will be satisfied that the people of the United States intended to form themselves into a nation for national purposes. They instituted, for such purposes, a national government complete in all its parts, with powers legislative, executive and judiiciary, ad in all those powers extending over the whole nation.

--Justice Wilson:

"the people nevertheless continued to consider themselves, in a national point of view, as one people; and they continued without interruption to manage their national concerns accordingly; afterwards, in the hurry of the war, and in the warmth of mutual confidence, they made a confederation of the States, the basis of a general Government. Experience disappointed the expectations they had formed from it; and then the people, in their collective and national capacity, established the present Constitution. It is remarkable that in establishing it, the people exercised their own rights and their own proper sovereignty, and conscious of the plenitude of it, they declared with becoming dignity, "We the people of the United States," 'do ordain and establish this Constitution."

Here we see the people acting as the sovereigns of the whole country; and in the language of sovereignty, establishing a Constitution by which it was their will, that the state governments should be bound, and to which the State Constitutions should be made to conform.

Every State Constitution is a compact made by and between the citizens of a state to govern themeselves in a certain manner; and the Constitution of the United States is liekwise a compact made by the people of the United States to govern themselves as to general objects, in a certain manner. By this great compact however, many prerogatives were transferred to the national Government, such as those of making war and peace, contracting alliances, coining money, etc."

--Jay, Chief Justice

You can look up these opinions, they are from Chisholm v. Georgia

For the record, this is part of section 13 of the Judiciary Act of 1789:

"And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction."

Now, was secession a criminal act or a civil act?

There is no recourse to unilateral state scession in U.S. law and all the fulmination in the world won't produce it.

Walt

96 posted on 10/10/2002 7:49:55 PM PDT by WhiskeyPapa
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To: WhiskeyPapa
AAAaaannnD

So...you have proclaimed that there must always be Civil War then recourse through constitutionally provided channels have failed.

So be it, but remember this was your choice.
106 posted on 10/11/2002 3:54:20 AM PDT by Maelstrom
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