Posted on 04/16/2003 5:44:44 AM PDT by Lady Eileen
According to the Militia Act of May 2, 1792, as amended Feb 28, 1795, Sec. 2:
"And it be further enacted, That whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislatures of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session."
You'll note it says nothing about a state having passed an ordinance of secession to be a bar to federal action.
The Judiciary Act of 1789 requires that "controversies of a civil nature" between the states be submitted to the Supreme Court.
Maybe secession was a criminal controversy?
Walt
Where did that happen?
Contemporary sources, please.
Walt
Why would I make a modern day judgment on historical people? That would be silly, wouldn't it?
Walt
Whatever the Supreme Court says, it is still the supreme law of the land.
What the sesesh did was revolution, it was outside the law.
Walt
LOL!!! THe History Channel has recently been doing a documentary on the last defining battles of the Civil War. Surprisingly (sarcasm) they disagree with the Wlat Brigade on many subjects (including the claim that no blacks served as Confederate soldiers). So who should I trust - the History Channel or the Wlat Brigade? I'll take the History Channel.
Right here:
"The Confederate Constitution, he [Davis] pointed out to [Governor] Brown, gave Congress the power "to raise and support armies" and to "provide for the common defense." It also contained another clause (likewise copied from the U.S. Constitution) empowering Congress to make all laws "necessary and proper for carrying into execution the foregoing powers." Brown had denied the constitutionality of conscription because the Constitution did not specifically authorize it. This was good Jeffersonian doctrine, sanctified by generations of southern strict constructionists. But in Hamiltonian language, Davis insisted that the "necessary and proper" clause legitimized conscription. No one could doubt the necessity "when our very existance is threatened by armies vastly superior in numbers." Therefore "the true and only test is to enquire whether the law is intended and calculated to carry out the object...if the answer be in the affirmative, the law is constitutional."
--Battle Cry of Freedom, James McPherson P.433
You seem to have run through your entire rant in just a couple of hours.
Walt
Yet you are willing to remain silent on those transgressions of Davis in your haste to rant about the problems you see with Lincoln. Lincoln is the tyrant and not Davis? Lincoln is the dictator and not Davis? By any fair measure those titles more properly belong to Davis rather than Lincoln. Davis never ran in a fair election, ignored the confederate constitution at his pleasure, arrested opponents, siezed property, injected the government into the lives of the average southern citizen to an extent never dreamed of by the Lincoln administration. But Lincoln is the object of your ire instead.
It also contained another clause (likewise copied from the U.S. Constitution)...
Walt
As someone noted earlier, seven states had passed secession documents before Lincoln even took office.
But he wasn't alone:
State of Maine
Resolves in favor of harmony and union
Resolved, That we the people of the State of Maine devotedly cherish the constitution and laws of the United States, and have ever been willing to assist in maintaining the National Union, and to respect faithfully the rights of all its members.
Resolved, That in the present attempt to coerce the government of the United States, and the will of the majority of the people thereof, to the will of the minority, by treason most foul, and rebellion the most unjustifiable, it is the right and the duty of the state to proffer to the national government for its own maintenance and for the suppression of this treason and rebellion. all the means and resources which it can command.
Resolved, That while as a member of the family of the states, we are ever ready to review our course in reference to any seeming infringement of the rights of sister states, still we can never so far forget the pride of our sovereignty, or the dignity of our manhood, as to hold parley with treason or with traitors.
Resolved, That whenever we shall see the sentiment of patriotism and devotion to American liberty manifested in the slave-holding states, we will vie with such states in the restoration of harmony, and will tender to such, every fraternal concession consistent with the security of our own citizens.
Resolved, That it is our right and our solemn purpose, with "our lives, our fortunes and our sacred honor," to defend to the last our Federal Government, and the strength and the glory of our national capitol, by whatever hands assailed,as the only hope of our own and of the world's freedom and progress.
[Typed from a photocopy supplied by Sylvia Sherman of the Maine State Archives.]
Joint Resolutions of the Legislature of the State of Minnesota, on the state of the Union. Adopted January 22, 1861.
1. Resolved, That one of the vital and necessary principles which form the basis of all free governments, is that the constitutional majority must always rule. And therefore, the right of the people of any State to withdraw from the Union, thereby hazarding the liberties and happiness of the millions comprising this Confederacy, can never be acknowledged by us under any circumstances.
We regard secession upon the part of any State as amounting directly to revolution, and precipitating civil war with all its sad train of consequences.
2. Resolved, That the people of the State of Minnesota re-iterate their unalterable devotion to the Constitution of the United States, and that if its provisions are strictly observed, it will, in its own words, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity.
3. Resolved, That ABRAHAM LINCOLN and HANNIBAL HAMLIN, having been constitutionally and legally elected President and Vice President of the United States, at a general election fully and freely participated in, on the same day, by the people of every State of the Union, South as well as North, that any attempt to dissolve or destroy the Union on account thereof, is without excuse or justification, and should receive the condemnation of every patriot in the land.
4. Resolved, That we have heard with astonishment and indignation of the recent outrages perpetrated at Charleston, South Carolina, by firing upon an American steamer, sailing under the flag of our country, and that we expect of the General Government the strongest and most vigorous effort to assert its supremacy, and to check the work of rebellion and treason. Fully impressed with our duty to make every possible effort to uphold the Union, and to maintain the authority of the General Government, we hereby tender to the President of the United States, for that purpose, through the Governor of this State, aid in men and money, to the extent of our ability.
When one or more States erect the standard of disunion, and place themselves in military array against the Government bequeathed to us by our ancestors, we can discover no other honorable or patriotic resource than to test, both on land and on ocean, the full strength of the Federal authority under our National Flag.
5. Resolved, That we declare to each State of this Union our sincere desire to secure a renewal of that fraternal feeling which ought always to exist between citizens of a common country, and which distinguished the history of the nation for more than half a century. Especially do we express to those patriotic citizens of the Southern States, who have nobly and manfully exerted their utmost effort to prevent the catastrophe of dissolution, our sincere gratitude and highest admiration.
6. Resolved, That the most sincere thanks of the nation are justly due to that distinguished patriot and veteran, Lt. General Winfield Scott for the prompt and decisive steps he has taken to stay the tide of revolution, and for the determined spirit he has evinced in maintaining the honor of our Government.
7. Resolved, That we never will consent or submit to the obstruction of the free navigation of the Mississippi river, from its source to its mouth, by any power hostile to the Federal Government.
8. Resolved, That the Governor of this State is hereby requested to transmit a copy of these resolutions to the President of the United States, to Lt. General Winfield Scott, and to each of our Senators and Representatives in the Congress of the United States, and to the Governors of the several States.
| IGNATIUS DONNELLY, | |
| President of the Senate. | |
| JARED BENSON, | |
| Speaker of the House of Representatives. | |
[Scanned from a photocopy supplied by Sylvia Sherman of the Maine State Archives.]
Joint Resolutions of the Legislature of the State of Minnesota, on the state of the Union. Adopted January 22, 1861.
1. Resolved, That one of the vital and necessary principles which form the basis of all free governments, is that the constitutional majority must always rule. And therefore, the right of the people of any State to withdraw from the Union, thereby hazarding the liberties and happiness of the millions comprising this Confederacy, can never be acknowledged by us under any circumstances.
We regard secession upon the part of any State as amounting directly to revolution, and precipitating civil war with all its sad train of consequences.
2. Resolved, That the people of the State of Minnesota re-iterate their unalterable devotion to the Constitution of the United States, and that if its provisions are strictly observed, it will, in its own words, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity.
3. Resolved, That ABRAHAM LINCOLN and HANNIBAL HAMLIN, having been constitutionally and legally elected President and Vice President of the United States, at a general election fully and freely participated in, on the same day, by the people of every State of the Union, South as well as North, that any attempt to dissolve or destroy the Union on account thereof, is without excuse or justification, and should receive the condemnation of every patriot in the land.
4. Resolved, That we have heard with astonishment and indignation of the recent outrages perpetrated at Charleston, South Carolina, by firing upon an American steamer, sailing under the flag of our country, and that we expect of the General Government the strongest and most vigorous effort to assert its supremacy, and to check the work of rebellion and treason. Fully impressed with our duty to make every possible effort to uphold the Union, and to maintain the authority of the General Government, we hereby tender to the President of the United States, for that purpose, through the Governor of this State, aid in men and money, to the extent of our ability.
When one or more States erect the standard of disunion, and place themselves in military array against the Government bequeathed to us by our ancestors, we can discover no other honorable or patriotic resource than to test, both on land and on ocean, the full strength of the Federal authority under our National Flag.
5. Resolved, That we declare to each State of this Union our sincere desire to secure a renewal of that fraternal feeling which ought always to exist between citizens of a common country, and which distinguished the history of the nation for more than half a century. Especially do we express to those patriotic citizens of the Southern States, who have nobly and manfully exerted their utmost effort to prevent the catastrophe of dissolution, our sincere gratitude and highest admiration.
6. Resolved, That the most sincere thanks of the nation are justly due to that distinguished patriot and veteran, Lt. General Winfield Scott for the prompt and decisive steps he has taken to stay the tide of revolution, and for the determined spirit he has evinced in maintaining the honor of our Government.
7. Resolved, That we never will consent or submit to the obstruction of the free navigation of the Mississippi river, from its source to its mouth, by any power hostile to the Federal Government.
8. Resolved, That the Governor of this State is hereby requested to transmit a copy of these resolutions to the President of the United States, to Lt. General Winfield Scott, and to each of our Senators and Representatives in the Congress of the United States, and to the Governors of the several States.
| IGNATIUS DONNELLY, | |
| President of the Senate. | |
| JARED BENSON, | |
| Speaker of the House of Representatives. | |
Joint Resolutions in relation to the Union of the States.
Whereas, the people of New Jersey, conforming to the opinion of "the Father of his Country," consider the unity of the government, which constitutes the people of the United States one people, a main pillar in the edifice of their independence, the support of their tranquility at home and peace abroad, of their prosperity, and of that liberty which they so highly prize; and properly estimating the immense value of their National Union to their individual happiness, they cherish a cordial, habitual and immovable attachment to it as the palladium of their political safety and prosperity---therefore,
1. Be it resolved by the Senate and General Assembly Of the State of New Jersey, That it is the duty of every good citizen, in all suitable and proper ways, to stand by and sustain the Union of the States as transmitted to us by our fathers.
2. And be it resolved, That the government of the United States is a national government, and the Union it was designed to perfect is not a mere compact or league; and that the constitution was adopted in a spirit of mutual compromise and concession by the people of the United States, and can only be preserved by the constant recognition of that spirit.
3. And be it resolved, That however undoubted way be the right of the general government to maintain its authority and enforce its laws over all parts of the country, it is equally certain that forbearance and compromise are indispensable at this crisis to the perpetuity of the Union, and that it is the dictate of reason, wisdom and patriotism peacefully to adjust whatever differences exist between the different sections of our country.
4. And be it resolved, That the resolutions and propositions submitted to the Senate of the United States by the Hon. John J. Crittenden of Ky., for the compromise of the questions in dispute between the eople of the Northern and of the Southern States, or any other constitutional method that will permanently settle the question of slavery, will be acceptable to the people of the State of New Jersey, and the Senators and Representatives in Congress from Now Jersey be requested and earnestly alleged to support those resolutions and propositions.
5. And be it resolved, That as the Union of the States is in imminent danger, unless the remedies before suggested be speedily adopted, then, as a last resort, the State of New Jersey hereby makes application, according to the terms of the constitution, of the Congress of the United States to call a convention (of the States) to propose amendments to said constitution.
6. And be it resolved, That such of the States as have in force laws which interfere with the constitutional rights of citizens of the other States, either in regard to their persons or property, or which militate against, the just construction of that part of the constitution that provides that "the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States," are earnestly urged and requested, for the sake of peace and the Union, to repeal all such laws.
7. And be it resolved, That his Excellency Charles S. Olden, Peter D. Yroom Robert F. Stockton Benjamin Williamson, Joseph F. Randolph, Frederick T. Frelinghuysen, Rodman M. Price, William C. Alexander, and Thomas J. Stryker be appointed commissioners to confeer with Congress and our sister States, and urge upon them the importance of carrying into effect the principles and objects of the foregoing resolutions.
8. And be it resolved, That the commissioners above named, in addition to their other powers, be authorized to meet with those now or hereafter to be appointed by our sister State of Virginia, and such commissioners of other states as have been, or may be hereafter appointed, to meet at Washington on the fourth day of February next.
9. And be it resolved, That copies of the foregoing resolutions be sent to the President of the Senate and Speaker of the House of Representatives of the United States, and to the Senators and Representatives in Congress from New Jersey, and to the Governors of the several States.
| Senate of New Jersey, January 24, 1861 | ||
| These resolutions having been three times read and compared in the Senate, | ||
| Resolved, That the same do pass. | ||
| By order of the Senate, | ||
| EDMUND PERRY, President. | ||
| In the House of Assembly, January 25, 1861 | ||
| These resolutions having been three times read and compared in the House of Assembly, | ||
| Resolved, That the same do pass. | ||
| By order of the House of Assembly, | ||
| F.H. TEESE, Speaker. | ||
| Approved, January 29, 1861. | ||
| CHARLES S. OLDEN, Governor. | ||
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