NapoleonGH wrote:umm failure to recognise is not an act of war, if it were, then the US would have been at war with half the world for its first decade, and the CSA would have been at war with every nation on earth for the entirety of their history.
large amounts of US government property were siezed immediately upon the seccession of the states, without a proper request given to washington to have the property handed over or removed from their new territory. stealing the property of a foreign government, is cause for war.
Illuminatus Primus wrote:Irrelevent.
The fort was always Federal property. When the State wished to secede, they had the legal right to their own property. The Fort was Federal property they never had ownership of.
By itself, refusal of the U.S. to recognize would not necessarily be cause for war, until Northern forces were sent to enforce U.S. law and sovereignty. However, in conjunction with stationed military forces ready to attack, I think the two facts together do warrant military action. Would you want to be in a situation where someone claims to be your ruler and has military bases in your property ready to enforce its claim?
As to the legality, what happened when the U.S.S.R. broke up? It was generally accepted that Russia was the successor to the Soviet Union, yet military installations in the Ukraine became Ukrainian, not Russian. There were negotiations as to how equipment might be divided, but the land and buildings were unquestionably Ukrainian, or Latvian, or Armenian, etc. Fort Sumter belonged to North Carolina. I can agree that it would have been better if the issue could have been settled by negotiation, but since the U.S. would not recognize the independence of N. Carolina, negotiation was impossible. Considering that Lincoln had already stated that he would not recognize the independence of any state, and negotiation would have been impossible, and since U.S. bases in Southern territory would make it easier for the U.S. to attack the South, I do not think it was absolutely unreasonable to take Sumter and other installations by force.
There also seems to be a problem here. Let's try to put it succinctly. There are two separate issues. Issue 1: legality – did the states have the legal right to secede and did Lincoln have the legal right to fight secession by any means necessary? Issue 2: morality – were the Southern states morally right to secede and was Lincoln morally right to fight the secession? It is possible to hold the opinion that the states had the legal right to secede but were stupid or even immoral to do so, and that Lincoln acted illegally to preserve the Union but that the outcome of abolition was worth it. It is possible to defend the states' right to secede without defending their reasons to do so. Let me give an example. If you your friend told you he was about to give all his money and property to the Church and enter a monastery because of a vivid dream he had, you might believe that he was foolish to do so, but would you have the legal right to forcibly restrain him and prevent him from doing what he wanted? You might feel that it was the moral thing to do, maybe even that your moral duty to your friend outweighed your responsibility to the law, but would that make it any more legal? To argue that Lincoln's actions were good and just is not to argue that they were legal, and to claim that his actions were illegal is not to defend the wisdom or morality of the Southern leaders, or the institution of slavery.
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