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To: Nevadan
What unconstitutional act did Lincoln commit that “forced” South Carolina to secede?

None, of course. He violated the Constitution after he took office. Here is some pre-secession opinion of the time on the threat posed to Texas [Source State Gazette, Austin, Texas, November 24, 1860, letter from Judge P. W. Gray]:

It is not the mere election of the man that is dangerous, but it is the fact that he is the representative of a triumphant party, whose principles and aims are hostile to our institutions, and which, if carried out, must be fatal to them. His election is the endorsement of a dominant sectional majority, of the declaration of "irrepressible conflict" between the Northern and Southern institutions. It is the approval of the past violations of the Constitutional compact between the States, and an avowal to persist in the same course of aggression. It is denial of the equality of the equality of the States in the Union, a denunciation of their institutions, and a proclamation that all the powers and agencies of the federal Government will be exercised for the immediate restriction and ultimate extirpation of those institutions. It is the triumph of the fanatical anti-slavery sentiment that has been increasing for years; and it is now abolitionism arrayed against the rights and property of fifteen sovereign States, denouncing hostility and war, to be carried on under the aegis and forms of the Constitution whch itself guarantees them, and which was formed and based on principles of harmony and fraternity.

The "laws higher than the Constitution" attitude of the Republicans did not auger well for the future. "Laws higher than the Constitution" could have well come from today's liberal judges who interpret the Constitution however they want to further their own political beliefs.

Here is an example of what the Judge was concerned about [Source: , November 17, 1860, reporting an article from the New York Tribune that reported a speech by Stanton]:

According to Mr. Stanton, the present organization of the Supreme Court is to be changed under Lincoln's administration, and New England, New York, and the Middle States, Missouri and the Northwest, and the Pacific coast are to have six or eight additional Judges.

"Then," says the Lincoln orator, "repudiating the novel and dangerous heresies of Taney and Catron, and returning to the faith of Jay and Marshall, it would embrace the earliest opportunity to entomb the political pronunciamento uttered in the Dred Scott case [loud cheers] and pile upon it an imperishable monument, inscribing thereon, as an appropriate epitaph, 'Died of the will of the American people!'

This was after a summer where a number of Texas towns were burned by abolitionists and where the federal government was not doing a good job protecting the state from Indians and invasions from Mexico. The state had had enough and was on edge.

75 posted on 02/07/2005 12:11:37 PM PST by rustbucket
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To: rustbucket
And don't forget this conviction of what a Lincoln election meant:

"Therefore it is that the election of Mr. Lincoln cannot be regarded otherwise than a solemn declaration, on the part of a great majority of the Northern people, of hostility to the South, her property and her institutions-- nothing less than an open declaration of war-- for the triumph of this new theory of Government destroys the property of the South, lays waste her fields, and inaugurates all the horrors of a San Domingo servile insurrection, consigning her citizens to assassinations, and her wives and daughters to pollution and violation, to gratify the lust of half-civilized Africans." -- Letter of S.F. Hale, Commissioner of Alabama to the State of Kentucky, to Gov. Magoffin of Kentucky

Of course that didn't happen, did it? Just like the court packing didn't happen and the "laws higher than the Constitution" didn't happen and any of the other multitude of lame excuses cooked up by the southerers as an excuse for their rebellion.

77 posted on 02/07/2005 12:40:32 PM PST by Non-Sequitur
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To: rustbucket
Alexander Hamilton on the same subject:
But in a confederacy the people, without exaggeration, may be said to be entirely the masters of their own fate. Power being almost always the rival of power, the general [federal] government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!

It may safely be received as an axiom in our political system, that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority. Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies of men, as of the people at large. The legislatures will have better means of information. They can discover the danger at a distance; and possessing all the organs of civil power, and the confidence of the people, they can at once adopt a regular plan of opposition, in which they can combine all the resources of the community. They can readily communicate with each other in the different States, and unite their common forces for the protection of their common liberty.
Alexander Hamilton, 'The Same Subject Continued (The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered)', Federalist No. 28, 26 Dec 1787


80 posted on 02/07/2005 1:00:19 PM PST by 4CJ (Laissez les bon FReeps rouler - Quo Gladius de Veritas - Deo vindice!)
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