Blah, blah, blah.
The right of the majority to bind the minority, results from a due regard to the peace of society; and the little chance of unanimity in large societies or assemblies, which, if obtainable, would certainly be very desirable; but inasmuch as that is not to be expected, whilst the passions, interests, and powers of reason remain upon their present footing among mankind, in all matters relating to the society in general, some mode must be adopted to supply the want of unanimity. The most reasonable and convenient seems to be, that the will of the majority should supply this defect; for if the will of the majority is not permitted to prevail in questions where the whole society is interested, that of the minority necessarily must. The society therefore, in such a case, would be under the influence of a minority of its members, which, generally speaking, can on no principle be justified.
If you like, that is a paragraph from St. George Tucker’s writings that you quoted.
I submit the argument is with the facts, so rather than admit that the facts are against you, you argue that the problem is with the source.
So after sorting through ten thousand legal documents you find a reference to secession, and pretend that is the one that counts.
If the states had seceded from the Union of the Articles of Confederation to join the ‘new union’ then the acts of the congress of the Union of the Articles of Confederation would have no meaning or effect. Since all parties, to include the states selecting their electors, the outgoing president, and the incoming president acted in exact accordance with the legislation of the congress of the Articles of Confederation, that shows that no secession took place.
Even as Confederates asserted that they had the extra-constitutional power to secede, they also argued that the US government had no power to resist their military threats and movements, calling for the adherence to the constitution as their protection from the government against which they were in insurrection.
Ironic I call that.
