Is It Morale To Oppose Secession From the Union?

SLAM: debunk creationism, pseudoscience, and superstitions. Discuss logic and morality.

Moderator: Alyrium Denryle

User avatar
Jew
Jedi Knight
Posts: 666
Joined: 2005-01-17 10:29pm

Post by Jew »

Boyish-Tigerlilly wrote:
Actually, that's exactly what a Federal union is. A Confederacy is more a bunch of nations that act together in common cause, or act as "confederates."
That's exactly what I mean. A federal Union is different from a Confederacy. In a confederacy, the Sovereign States give a limited central government almost no power at all. They are the final say, not the central government.
Just to be pedantic: the terms federal and confederal have shifted in meaning since the founding of the United States.

Today, federal means there are two separate governments--state and national--with the national government having authority over the state government when conflicts occur. (Example: the United States today.) This contrasts with the present-day meaning of confederal, which is a two-tiered system in which the state governments have final authority when conflicts occur. (Example: the European Union, I think.)

But back in the day, federal and confederal were used interchangably; they both meant a multi-level system of government. Back then dual federalism/confederalism was the system where the states had more power, and cooperative federalism/confederalism was the system where the national government had more power. You should be aware of this when you read any historical documents.

In summary:
  • Dual federalism/confederalism -> confederalism -> states rights
  • Cooperative federalism/confederalism -> federalism -> national government is supreme
I could be slightly wrong, it's been a while since I've studied this. Please correct me if I've misrepresented the shift in language.
She did not answer, which is the damnedest way of winning an argument I know of.
User avatar
Durandal
Bile-Driven Hate Machine
Posts: 17927
Joined: 2002-07-03 06:26pm
Location: Silicon Valley, CA
Contact:

Re: Is It Morale To Oppose Secession From the Union?

Post by Durandal »

At the time of signing, the Constitution wasn't considered a binding document. Hence the New England movement for Secession in the War of 1812 and during the Mexican War, and the numerous threats by that damned troublemaker of a state, South Carolina.
You're right that, up until the Civil War, the Union was not permanent, and certain states made is explicitly clear that they reserved the right to secede before signing. Up until this point, the Union was considered to be an experimental one. But no Confederates were ever brought to trial for treason because federal prosecutors pretty much considered the legality of secession to have been determined by the Civil War.
Damien Sorresso

"Ever see what them computa bitchez do to numbas? It ain't natural. Numbas ain't supposed to be code, they supposed to quantify shit."
- The Onion
User avatar
Boyish-Tigerlilly
Sith Devotee
Posts: 3225
Joined: 2004-05-22 04:47pm
Location: New Jersey (Why not Hawaii)
Contact:

Post by Boyish-Tigerlilly »

I could be slightly wrong, it's been a while since I've studied this. Please correct me if I've misrepresented the shift in language.
All i remember is that, in a Confederacy (even under the articles of confederation), the states had the bulk of power and delegated powers to the central government, and the states were largely sovereign.

In a Federal system, there is a dual relationship among state, local, and central (althoughusually central and state/province). The Federal and State governments are given powers by a constituation and they have their own spheres, they share, but the Feds reighn supreme in matters of concurrent and express powers.

A confederacy is more a loose amagamation of states, while a federal government is a union with a stronger central government and division of powers.
User avatar
Xenophobe3691
Sith Marauder
Posts: 4334
Joined: 2002-07-24 08:55am
Location: University of Central Florida, Orlando, FL
Contact:

Re: Is It Morale To Oppose Secession From the Union?

Post by Xenophobe3691 »

Durandal wrote: You're right that, up until the Civil War, the Union was not permanent, and certain states made is explicitly clear that they reserved the right to secede before signing. Up until this point, the Union was considered to be an experimental one. But no Confederates were ever brought to trial for treason because federal prosecutors pretty much considered the legality of secession to have been determined by the Civil War.
Actually, the reason that they were never indicted were constitutional concerns by Chief Justice Salmon P. Chase that they were actually in the right. Jefferson Davis in particular wanted a trial for treason, but it was dropped.
Dark Heresy: Dance Macabre - Imperial Psyker Magnus Arterra

BoTM
Proud Decepticon

Post 666 Made on Fri Jul 04, 2003 @ 12:48 pm
Post 1337 made on Fri Aug 22, 2003 @ 9:18 am
Post 1492 Made on Fri Aug 29, 2003 @ 5:16 pm

Hail Xeno: Lord of Calculus -- Ace Pace
Image
User avatar
Darth P44
Redshirt
Posts: 12
Joined: 2005-02-25 04:45am
Location: Portugal; Dagobah of Europe

Post by Darth P44 »

Petrosjko wrote:
Darth P44 wrote:
CivilWarMan wrote:West Virginia, as mentioned earlier, is proof of this.
West Virginia was "artifficially created" in 1863, its territory was until that point part of the State of Virginia...we can call a "secession within the secession"???????? :?
And a specifically constitutionally illegal one, to boot.
Can you please elaborate?

I know that W VA "secedeed" from the State of Virginia, but I do not know exactly why or how.
Was a deliberate action from the Union Government?
Was the will of the population of the area?
Why did it happen? It's a UNIQUE CASE in US History, isn't it? :?
There is NO ESCAPE!
The Sith Will Rise Again!!!!
Image
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Darth P44 wrote:
Petrosjko wrote:
Darth P44 wrote: West Virginia was "artifficially created" in 1863, its territory was until that point part of the State of Virginia...we can call a "secession within the secession"???????? :?
And a specifically constitutionally illegal one, to boot.
Can you please elaborate?
United States Constitution, Article 4, Section 3, Clause 1 wrote:New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
As for the OP, first let's cover the legalities. Clauses granting the federal government the right to suppress rebellion and insurrection aside, we have these:
United States Constitution, Article 4, Section 3, Clause 2 wrote:The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
And for those pesky state ratification documents asserting their right to leave if they wanted, we have this:
United States Constitution, Article 6, Clause 2 wrote:This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Now, I realize that doesn't answer the moral issue, but the legal one ties into my reasoning there. Legally, the states may not secede. Well so what, legally the colonies couldn't leave British jurisdiction, right? I support the American Revolution yet not the Southern secession effort, for which many of my debate opponents on this issue attempt to paint me a hypocrite and royalist. However, my support or lack thereof is predicated upon the reason for the rebellion and also upon other measures taken before resorting to what I feel (a feeling affirmed by the Declaration of Independence, though that clause in it is ignored by many) should be an absolute last resort. The American Revolution was fought over high taxes without them having a say in the matter, among other things. Most of the founders of the Revolution were quite content to pay taxes as long as they were represented, but they were not. Given the temperament of George III, I'm inclined to say that the revolution was inevitable.

Now for the reasons behind the Southern secession, I give you Alexander H. Stephens, Vice President of the so-called Confederate States of America.
Alexander H. Stephens: Cornerstone Address wrote:March 21, 1861
We are in the midst of one of the greatest epochs in our history. The last ninety days will mark one of the most memorable eras in the history of modern civilization.

... we are passing through one of the greatest revolutions in the annals of the world-seven States have, within the last three months, thrown off an old Government and formed a new. This revolution has been signally marked, up to this time, by the fact of its having been accomplished without the loss of a single drop of blood. This new Constitution, or form of government, constitutes the subject to which your attention will be partly invited.

In reference to it, I make this first general remark: It amply secures all our ancient rights, franchises, and privileges. All the great principles of Magna Chartal are retained in it. No citizen is deprived of life, liberty, or property, but by the judgment of his peers, under the laws of the land. The great principle of religious liberty, which was the honor and pride of the old Constitution, is still maintained and secured. All the essentials of the old Constitution, which have endeared it to the hearts of the American people, have been preserved and perpetuated.... So, taking the whole new Constitution, I have no hesitancy in giving it as my judgment, that it is decidedly better than the old. [Applause.] Allow me briefly to allude to some of these improvements. The question of building up class interests, or fostering one branch of industry to the prejudice of another, under the exercise of the revenue power, which gave us so much trouble under the old Constitution, is put at rest forever under the new. We allow the imposition of no duty with a view of giving advantage to one class of persons, in any trade or business, over those of another. All, under our system, stand upon the same broad principles of perfect equality. Honest labor and enterprise are left free and unrestricted in whatever pursuit they may be engaged in ....

But not to be tedious in enumerating the numerous changes for the better, allow me to allude to one other-though last, not least: the new Constitution has put at rest forever all the agitating questions relating to our peculiar institutions-African slavery as it exists among us-the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution. Jefferson, in his forecast, had anticipated this, as the "rock upon which the old Union would split." He was right. What was conjecture with him, is now a realized fact. But whether he fully comprehended the great truth upon which that rock stood and stands, may be doubted. The prevailing ideas entertained by him and most of the leading statesmen at the time of the formation of the old Constitution were, that the enslavement of the African was in violation of the laws of nature; that it was wrong in principle, socially, morally and politically. It was an evil they knew not well how to deal with; but the general opinion of the men of that day was, that, somehow or other, in the order of Providence, the institution would be evanescent and pass away. This idea, though not incorporated in the Constitution, was the prevailing idea at the time. The Constitution, it is true, secured every essential guarantee to the institution while it should last, and hence no argument can be justly used against the constitutional guarantees thus secured, because of the common sentiment of the day. Those ideas, however, were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the idea of a Government built upon it-when the "storm came and the wind blew, it fell."

Our new Government is founded upon exactly the opposite ideas; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and moral condition. This, our new Government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.
This truth has been slow in the process of its development, like all other truths in the various departments of science. It is so even amongst us. Many who hear me, perhaps, can recollect well that this truth was not generally admitted, even within their day. The errors of the past generation still clung to many as late as twenty years ago. Those at the North who still cling to these errors with a zeal above knowledge, we justly denominate fanatics. All fanaticism springs from an aberration of the mind; from a defect in reasoning. It is a species of insanity. One of the most striking characteristics of insanity, in many instances, is, forming correct conclusions from fancied or erroneous premises; so with the anti-slavery fanatics: their conclusions are right if their premises are. They assume that the negro is equal, and hence conclude that he is entitled to equal privileges and rights, with the white man.... I recollect once of having heard a gentleman from one of the Northern States, of great power and ability, announce in the House of Representatives, with imposing effect, that we of the South would be compelled, ultimately, to yield upon this subject of slavery; that it was as impossible to war successfully against a principle in politics, as it was in physics or mechanics. That the principle would ultimately prevail. That we, in maintaining slavery as it exists with us, were warring against a principle-a principle founded in nature, the principle of the equality of man. The reply I made to him was, that upon his own grounds we should succeed, and that he and his associates in their crusade against our institutions would ultimately fail. The truth announced, that it was as impossible to war successfully against a principle in politics as well as in physics and mechanics, I admitted, but told him it was he and those acting with him who were warring against a principle. They were attempting to make things equal which the Creator had made unequal.

In the conflict thus far, success has been on our side, complete throughout the length and breadth of the Confederate States. It is upon this, as I have stated, our social fabric is firmly planted; and I cannot permit myself to doubt the ultimate success of a full recognition of this principle throughout the civilized and enlightened world.

As I have stated, the truth of this principle may be slow in development, as all truths are, and ever have been, in the various branches of science. It was so with the principles announced by Galileo-it was so with Adam Smith and his principles of political economy. It was so with Harvey, and his theory of the circulation of the blood. It is stated that not a single one of the medical profession, living at the time of the announcement of the truths made by him, admitted them. Now, they are universally acknowledged. May we not therefore look with confidence to the ultimate universal acknowledgment of the truths upon which our system rests? It is the first Government ever instituted upon principles in strict conformity to nature, and the ordination of Providence, in furnishing the materials of human society. Many Governments have been founded upon the principles of certain classes; but the classes thus enslaved, were of the same race, and in violation of the laws of nature. Our system commits no such violation of nature's laws. The negro by nature, or by the curse against Canaan, [note: A reference to Genesis, 9:20-27, which was used as a justification for slavery] is fitted for that condition which he occupies in our system. The architect, in the construction of buildings, lays the foundation with the proper material-the granite-then comes the brick or the marble. The substratum of our society is made of the material fitted by nature for it, and by experience we know that it is the best, not only for the superior but for the inferior race, that it should be so. It is, indeed, in conformity with the Creator. It is not for us to inquire into the wisdom of His ordinances or to question them. For His own purposes He has made one race to differ from another, as He has made "one star to differ from another in glory."

The great objects of humanity are best attained, when conformed to his laws and degrees, in the formation of Governments as well as in all things else. Our Confederacy is founded upon principles in strict conformity with these laws. This stone which was rejected by the first builders "is become the chief stone of the corner" in our new edifice.
Perhaps you see the morality of the issue now. In case anyone's inclined to try the old trick of decrying the Cornerstone Address as the personal opinion of a single politician and therefore invalid for determining the real reasons for secession, I am prepared to post government documents and declarations from multiple states affirming what Mr. Stephens said 144 years ago.

Now, so we're clear, if a state actually had a valid reason for seceding and had tried and failed to rectify the situation through other means, I would support that decision even though it would still be illegal. The Southern secession of 1860-61 was not over such a valid grievance.
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Darth P44 wrote:As a foreigner I recognize I might not be aware of all the inplications of the time, and of the Constitution of the USA.
However I recall reading that the American Costitution was based in the in VOLUNTARY UNION of each State (therefore the expression "UNITED STATES", which means the STATES held/hold some independent sovereignity...)
The word "voluntary" does not appear in the Constitution even once. Nor does it appear even in the Articles of Confederation. But yeah, they voluntarily joined. Nothing says they may withdraw, and plenty says they can't.
Therefore, if for any reason they choosed to seceed, they would have the right to do so.
Article 4.3.2 disagrees.
As for the Slavery issue, I leave 2 phrases to your consideration:
"I have no purpose, directly or indirectly, to interfere with the institution of slavery in the states where it exists. I believe I have no lawful right to do so, and I have no inclination to do so."
Abraham Lincoln - First Inaugural Address - March 4, 1861
"If I thought this war was to abolish slavery, I would resign my commission and offer my sword to the other side"
General U.S. Grant, 1862
Abraham Lincoln wrote:If I could save the Union without freeing any slave I would do it, and if I could save it by freeing all the slaves I would do it; and if I could save it by freeing some and leaving others alone I would also do that. What I do about slavery, and the colored race, I do because I believe it helps to save the Union; and what I forbear, I forbear because I do not believe it would help to save the Union. I shall do less whenever I shall believe what I am doing hurts the cause, and I shall do more whenever I shall believe doing more will help the cause. I shall try to correct errors when shown to be errors; and I shall adopt new views so fast as they shall appear to be true views.

I have here stated my purpose according to my view of official duty; and I intend no modification of my oft-expressed personal wish that all men everywhere could be free.
Lincoln was concerned with his duties as President and didn't wish to allow his personal opinions to sway his official conduct, even on the issue of slavery. As for Grant, he didn't resign his commission, and after he became President he went on to both sign the Klan Act and Enforcement Act and to use the provisions they provided to use the military to put down the Ku Klux Klan and put an end to their violence against blacks.
and as a colleague mentioned previously, the original 13 colonies indeed SECEEDED from the British Empire.
And did Britain just happily let them go?
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Xenophobe3691
Sith Marauder
Posts: 4334
Joined: 2002-07-24 08:55am
Location: University of Central Florida, Orlando, FL
Contact:

Post by Xenophobe3691 »

Rogue 9 wrote: As for the OP, first let's cover the legalities. Clauses granting the federal government the right to suppress rebellion and insurrection aside, we have these:
United States Constitution, Article 4, Section 3, Clause 2 wrote:The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
It's already been established that State Territory is not United States territory, and never has been. Legally, Florida is Floridian, except for National Land such as National Parks like the Everglades (to give an example). The standoff at Ft. Sumter was a direct consequence of this fact.
And for those pesky state ratification documents asserting their right to leave if they wanted, we have this:
United States Constitution, Article 6, Clause 2 wrote:This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
But it never says anything about negating ratification of the Constitution, which is what the Southern States did. They didn't enter the Confederacy before seceding, they removed their ratification of the Constitution, and then signed onto the CSA. There's nothing in the Constitution expressly forbidding any state from removing their ratification of the Constitution, and these Amendments pick up the slack:
Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively
, or to the people.
And on top of this, you forgot to bold the last part of 4.3.2, which includes the States in the deal as well. If you look back at the days before the Civil War, Lincoln couldn't raise an army until AFTER South Carolina attacked Ft. Sumter, which was still U.S. Government property.
Dark Heresy: Dance Macabre - Imperial Psyker Magnus Arterra

BoTM
Proud Decepticon

Post 666 Made on Fri Jul 04, 2003 @ 12:48 pm
Post 1337 made on Fri Aug 22, 2003 @ 9:18 am
Post 1492 Made on Fri Aug 29, 2003 @ 5:16 pm

Hail Xeno: Lord of Calculus -- Ace Pace
Image
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Xenophobe3691 wrote:
Rogue 9 wrote: As for the OP, first let's cover the legalities. Clauses granting the federal government the right to suppress rebellion and insurrection aside, we have these:
United States Constitution, Article 4, Section 3, Clause 2 wrote:The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
It's already been established that State Territory is not United States territory, and never has been. Legally, Florida is Floridian, except for National Land such as National Parks like the Everglades (to give an example). The standoff at Ft. Sumter was a direct consequence of this fact.
Federal law exercises authority outside of DC, national parks, post offices, and military bases, right? Face it, the federal government exercises sovereign rule over the states.
And for those pesky state ratification documents asserting their right to leave if they wanted, we have this:
United States Constitution, Article 6, Clause 2 wrote:This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
But it never says anything about negating ratification of the Constitution, which is what the Southern States did. They didn't enter the Confederacy before seceding, they removed their ratification of the Constitution, and then signed onto the CSA.

I refer you to the whole of Article 1, Section 10. If the states can just negate federal authority whenever they like, what is the point of putting federally-enforced limits on them? Kind of counterproductive to write laws that cannot be enforced, ne? Does nothing but breed disrespect for the law.
There's nothing in the Constitution expressly forbidding any state from removing their ratification of the Constitution, and these Amendments pick up the slack:
Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively
, or to the people.
Among the powers delegated to the United States are national sovereignty, as evidenced by the fact that the federal government negotiates all treaties, has sole authority to declare war, has sole authority to enter into alliances, has sole authority to lay taxes on commerce, has sole authority to keep a military, has sole authority to issue currency, may prosecute treason committed against itself, and exercises its laws and courts as higher than those of the states. Conversely, the states may not negotiate treaties, may not declare war, may not enter into alliances (in fact, the states are barred from exercising any authority on any matters of foreign policy), may not lay taxes on commerce beyond what is necessary to execute its inspection laws (any excess goes to the national treasury), may not keep militaries, may not issue currency, cannot have the crime of treason committed against them singly, and their laws are subordinate to national law. All of these things are necessary for national sovereignty, and the states possess none of those powers. As a sovereign entity, the United States has the right to secure its borders, among other things. This is part and parcel to being a nation.
And on top of this, you forgot to bold the last part of 4.3.2, which includes the States in the deal as well.
The Supremacy Clause means that the claims of the United States take precedence over those of the states in cases such as this.
If you look back at the days before the Civil War, Lincoln couldn't raise an army until AFTER South Carolina attacked Ft. Sumter, which was still U.S. Government property.
False. It was fully within his power to mobilize the army and call out the militia at any time.
United States Constitution, Article 2, Section 2, Clause 1 wrote:The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He could have raised the army at any time and been well within his authority. The fact that he didn't is attributable to his desire to bring the rebellious states back into the Union without having to kick their asses.
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Setzer
Requiescat in Pace
Posts: 3138
Joined: 2002-08-30 11:45am

Post by Setzer »

Legally speaking, any power not exclusively delegated to the Federal government remains in state hands. Since the Constitution never addressed te issue of secession, the South was legally able to secede.
Image
User avatar
Xenophobe3691
Sith Marauder
Posts: 4334
Joined: 2002-07-24 08:55am
Location: University of Central Florida, Orlando, FL
Contact:

Post by Xenophobe3691 »

Rogue 9 wrote: Federal law exercises authority outside of DC, national parks, post offices, and military bases, right? Face it, the federal government exercises sovereign rule over the states.
Yet again, this is all Federal Property. You still have not addressed the issue of State Land that is unequivocally State Land. Such as the apartment building where I'm currently typing this up at.
I refer you to the whole of Article 1, Section 10. If the states can just negate federal authority whenever they like, what is the point of putting federally-enforced limits on them? Kind of counterproductive to write laws that cannot be enforced, ne? Does nothing but breed disrespect for the law.
Yet again, all you are stating is obligations by the state to the Federal Government while under its jurisdiction and protection. Section 10 specifies nothing about a state not being able to revoke it's partnership in the Constitution.
Section. 10.

Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Powers revoked from the State ratifying the Constitution, nowhere does it say that the State may not revoke its ratification of the document.
Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Still looking for a clause stating that one could not secede, or cancel ratification.
Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Now here lies the problem. By itself, this seems damning, however, remember, these are a list of powers revoked while under the Constitution. Nowhere does it remark that one may remove oneself from the Federation.

And cool tidbit, Texas got to keep their own navy due to being the Republic of Texas. Neat.
Among the powers delegated to the United States are national sovereignty, as evidenced by the fact that the federal government negotiates all treaties, has sole authority to declare war, has sole authority to enter into alliances, has sole authority to lay taxes on commerce, has sole authority to keep a military, has sole authority to issue currency, may prosecute treason committed against itself, and exercises its laws and courts as higher than those of the states.
You still have not addressed the issue. Where in the United States Constitution does it say that a State may not cancel ratification, leave, or otherwise just up and quit. All you're giving me is talk about the duties of the federal government, completely sidestepping the issue of whether or not secession is legal.
Conversely, the states may not negotiate treaties, may not declare war, may not enter into alliances (in fact, the states are barred from exercising any authority on any matters of foreign policy), may not lay taxes on commerce beyond what is necessary to execute its inspection laws (any excess goes to the national treasury), may not keep militaries, may not issue currency, cannot have the crime of treason committed against them singly, and their laws are subordinate to national law.
And while I'm a student at UCF, I'm bound by certain rights and obligations, and enjoy certain priveleges. Yet I can still leave. You still have not addressed the issue of where it says that they can't leave.
All of these things are necessary for national sovereignty, and the states possess none of those powers. As a sovereign entity, the United States has the right to secure its borders, among other things. This is part and parcel to being a nation.
Unfortunately, the United States is run by this little piece of paper called the Constitution, which is the highest law in its land. It cannot avoid this document, even when doing so otherwise would be the more prudent course.

And this still is a red herring, because you have not stated where in the Constitution it says that a state may not cancel ratification, quit, or just up and leave.

The Supremacy Clause means that the claims of the United States take precedence over those of the states in cases such as this.

Still not explaining where it says that a State may not cancel ratification.

False. It was fully within his power to mobilize the army and call out the militia at any time.
United States Constitution, Article 2, Section 2, Clause 1 wrote:The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He could have raised the army at any time and been well within his authority. The fact that he didn't is attributable to his desire to bring the rebellious states back into the Union without having to kick their asses.
While being wrong in this point, I still don't see how this stops the States from cancelling their ratification of the Constitution. You need to show where this is, or else the Tenth Amendment stands, because that definitely is in the Constitution.
Dark Heresy: Dance Macabre - Imperial Psyker Magnus Arterra

BoTM
Proud Decepticon

Post 666 Made on Fri Jul 04, 2003 @ 12:48 pm
Post 1337 made on Fri Aug 22, 2003 @ 9:18 am
Post 1492 Made on Fri Aug 29, 2003 @ 5:16 pm

Hail Xeno: Lord of Calculus -- Ace Pace
Image
User avatar
Xenophobe3691
Sith Marauder
Posts: 4334
Joined: 2002-07-24 08:55am
Location: University of Central Florida, Orlando, FL
Contact:

Post by Xenophobe3691 »

And could someone please fix the title? It should say "Moral", not "Morale"...
Dark Heresy: Dance Macabre - Imperial Psyker Magnus Arterra

BoTM
Proud Decepticon

Post 666 Made on Fri Jul 04, 2003 @ 12:48 pm
Post 1337 made on Fri Aug 22, 2003 @ 9:18 am
Post 1492 Made on Fri Aug 29, 2003 @ 5:16 pm

Hail Xeno: Lord of Calculus -- Ace Pace
Image
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Xenophobe3691 wrote:
Rogue 9 wrote: Federal law exercises authority outside of DC, national parks, post offices, and military bases, right? Face it, the federal government exercises sovereign rule over the states.
Yet again, this is all Federal Property. You still have not addressed the issue of State Land that is unequivocally State Land. Such as the apartment building where I'm currently typing this up at.

Idiot. Read what I wrote. I said that federal law does, in fact, apply outside those places, therefore the federal government exercises sovereignty over the states.
I refer you to the whole of Article 1, Section 10. If the states can just negate federal authority whenever they like, what is the point of putting federally-enforced limits on them? Kind of counterproductive to write laws that cannot be enforced, ne? Does nothing but breed disrespect for the law.
Yet again, all you are stating is obligations by the state to the Federal Government while under its jurisdiction and protection. Section 10 specifies nothing about a state not being able to revoke it's partnership in the Constitution.
The section by virtue of its existence says precisely that. If a state can, at any time, decide that it doesn't feel like obeying the Constitution that day and get away with it, why the hell did the Constitutional Convention see fit to put in such an utterly useless section?
Section. 10.

Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Powers revoked from the State ratifying the Constitution, nowhere does it say that the State may not revoke its ratification of the document.
Yeah it does, because if a state can simply get those powers back at any time then the section doesn't apply, does it? If it doesn't apply to anything, why write it?
Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Still looking for a clause stating that one could not secede, or cancel ratification.
Still wondering why you think James Madison was a retard who just wrote useless laws for the hell of it.
Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Now here lies the problem. By itself, this seems damning, however, remember, these are a list of powers revoked while under the Constitution. Nowhere does it remark that one may remove oneself from the Federation.
Again, if states may simply ignore any and all restrictions on them whenever they damn well please, why bother with restricting them?
And cool tidbit, Texas got to keep their own navy due to being the Republic of Texas. Neat.
All vessels of the Texas Navy were transferred to the US Navy by May of 1846, within five months of Texas' admission to the Union. Oops.
Among the powers delegated to the United States are national sovereignty, as evidenced by the fact that the federal government negotiates all treaties, has sole authority to declare war, has sole authority to enter into alliances, has sole authority to lay taxes on commerce, has sole authority to keep a military, has sole authority to issue currency, may prosecute treason committed against itself, and exercises its laws and courts as higher than those of the states.
You still have not addressed the issue. Where in the United States Constitution does it say that a State may not cancel ratification, leave, or otherwise just up and quit. All you're giving me is talk about the duties of the federal government, completely sidestepping the issue of whether or not secession is legal.
Actually, not quite. What I did was list out the powers of a sovereign nation and oh look, the federal government has got 'em all. As a sovereign nation, the United States has every right and duty to secure its borders. This is part of that Law of Nations referenced in Article 1, Section 8, Clause 10, which grants Congress the right to to punish offenses against the law of nations. Violating the national sovereignty of the United States is such an offense.
Conversely, the states may not negotiate treaties, may not declare war, may not enter into alliances (in fact, the states are barred from exercising any authority on any matters of foreign policy), may not lay taxes on commerce beyond what is necessary to execute its inspection laws (any excess goes to the national treasury), may not keep militaries, may not issue currency, cannot have the crime of treason committed against them singly, and their laws are subordinate to national law.
And while I'm a student at UCF, I'm bound by certain rights and obligations, and enjoy certain priveleges. Yet I can still leave. You still have not addressed the issue of where it says that they can't leave.
1.8.10, 1.8.15, 1.9.2, 3.3.1, 4.3.2, and 6.2.
All of these things are necessary for national sovereignty, and the states possess none of those powers. As a sovereign entity, the United States has the right to secure its borders, among other things. This is part and parcel to being a nation.
Unfortunately, the United States is run by this little piece of paper called the Constitution, which is the highest law in its land. It cannot avoid this document, even when doing so otherwise would be the more prudent course.

And this still is a red herring, because you have not stated where in the Constitution it says that a state may not cancel ratification, quit, or just up and leave.

What part of "sovereign nation" do you not understand? Also, if you're going to hammer Amendment 10 like this, explain to me why a private landowner cannot secede from the Union while we're at it. After all, it says reserved to the states or to the people. Hey, I've got an idea! I can go murder someone, declare my house and yard an independent nation, and refuse to deport myself! Go me!

:roll:
The Supremacy Clause means that the claims of the United States take precedence over those of the states in cases such as this.
Still not explaining where it says that a State may not cancel ratification.

Doing so prejudices the claims of the United States.
False. It was fully within his power to mobilize the army and call out the militia at any time.
United States Constitution, Article 2, Section 2, Clause 1 wrote:The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He could have raised the army at any time and been well within his authority. The fact that he didn't is attributable to his desire to bring the rebellious states back into the Union without having to kick their asses.
While being wrong in this point, I still don't see how this stops the States from cancelling their ratification of the Constitution. You need to show where this is, or else the Tenth Amendment stands, because that definitely is in the Constitution.
1.8.10, 1.8.15, 1.9.2, 3.3.1, 4.3.2, and 6.2. While we're at it, 1.10.1-3 and 2.2.1 just to demonstrate the limitations of the states and powers of the Presidency.
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Boyish-Tigerlilly
Sith Devotee
Posts: 3225
Joined: 2004-05-22 04:47pm
Location: New Jersey (Why not Hawaii)
Contact:

Post by Boyish-Tigerlilly »

the states cannot violate the inherent powers necessary to be a nation. The Federal Government has inherent powers. You cannot protect or have a nation if a state can leave any time it wants, therefore, the idea of the national government with any authority or national sovereign status is pointless.

It's the constituational power for the Federal Government to engage in practices resembling that of a sovereign nation. One of which is control over your member provinces, districts, states. The Feds and the States share power, but the States cannot, with thier own indrectly and direcly delegated powers, usurp or destroy the nation. The Feds counteract that with the Supremacy Clause.
User avatar
Xenophobe3691
Sith Marauder
Posts: 4334
Joined: 2002-07-24 08:55am
Location: University of Central Florida, Orlando, FL
Contact:

Post by Xenophobe3691 »

Rogue 9 wrote:
Idiot. Read what I wrote. I said that federal law does, in fact, apply outside those places, therefore the federal government exercises sovereignty over the states.
That wasn't my point. My points was that most of the land in the State, except for certain dedicated areas, are State Land. Something you still haven't refuted.
The section by virtue of its existence says precisely that. If a state can, at any time, decide that it doesn't feel like obeying the Constitution that day and get away with it, why the hell did the Constitutional Convention see fit to put in such an utterly useless section?
You still don't seem to understand. Article 1 Section 10 lists all the powers revoked from each individual State while under the Constitution. I don't understand why you keep saying that it implies that you can't negate your ratification of the Constitution.
Yeah it does, because if a state can simply get those powers back at any time then the section doesn't apply, does it? If it doesn't apply to anything, why write it?
Simple. Because those are the rules of the house while you're living under this roof. A concept quite familiar to anyone still in HS or College.
Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Still wondering why you think James Madison was a retard who just wrote useless laws for the hell of it.
Still looking for a section that tells me that I can't cancel ratification. All you seem to have stated is a question in return, and a Clause in the Constitution governing...export duties...(I don't see anywhere that a State may not cancel ratification of the Constitution.)
Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Again, if states may simply ignore any and all restrictions on them whenever they damn well please, why bother with restricting them?
Again, these are the rules of the house while you're living in the house. Nowhere does it say that you may not pack and leave.
All vessels of the Texas Navy were transferred to the US Navy by May of 1846, within five months of Texas' admission to the Union. Oops.
Wow, you shot down my little cool fact. Ouch. Savage.
Among the powers delegated to the United States are national sovereignty, as evidenced by the fact that the federal government negotiates all treaties, has sole authority to declare war, has sole authority to enter into alliances, has sole authority to lay taxes on commerce, has sole authority to keep a military, has sole authority to issue currency, may prosecute treason committed against itself, and exercises its laws and courts as higher than those of the states.
And the United States, before all, is still bound by the Constitution. As you have said, it is the highest law in the land.
Actually, not quite. What I did was list out the powers of a sovereign nation and oh look, the federal government has got 'em all. As a sovereign nation, the United States has every right and duty to secure its borders. This is part of that Law of Nations referenced in Article 1, Section 8, Clause 10, which grants Congress the right to to punish offenses against the law of nations. Violating the national sovereignty of the United States is such an offense.
You have forgotten to mention that the entire section relates to such things as piracy and felonies.
1.8.10,
Gives Congress the right to punish those who've committed crimes while on the High Seas.
1.8.15,
Still does not say that I may cancel ratification or leave. And there have been rebellions before, just look at the Whiskey Rebellion.
1.9.2,
What's the provision on the Writ of Habeas Corpus got to do with not being allowed to cancel a State's ratification of the Constitution?
3.3.1,
Wow, you just stated the provision for what exactly treason is.
4.3.2,
The clause stating that Congress has the power to make laws and regulations for that Territory belonging to the US. Like Puerto Rico, Mariana Islands, Guam...
and 6.2.
Yes, we all know that the Constitution is the supreme law of the land. But the argument is whether secession (By removal of ratification) is legal.
What part of "sovereign nation" do you not understand? Also, if you're going to hammer Amendment 10 like this, explain to me why a private landowner cannot secede from the Union while we're at it. After all, it says reserved to the states or to the people. Hey, I've got an idea! I can go murder someone, declare my house and yard an independent nation, and refuse to deport myself! Go me!
Guess what? I'm not arguing for just unilaterally seceeding, if you've read exactly what I'm arguing for, dumbass, I'm arguing for a nullification of the Ratification of the Constitution. You yourself are not a State, you yourself did not sign a ratification, your State did.
Doing so prejudices the claims of the United States.
What claims?
1.8.10, 1.8.15, 1.9.2, 3.3.1, 4.3.2, and 6.2. While we're at it, 1.10.1-3 and 2.2.1 just to demonstrate the limitations of the states and powers of the Presidency.
Already posted my opinions up to 6.2, and...wait a second...you're a fucking broken record. All you keep stating are obligations by the states to the central government while under the protection of the Constitution You have still not stated where in the Constitution a State may not cancel their ratification.
Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
Where the flying fuck does that say a State may not cancel ratification?
Dark Heresy: Dance Macabre - Imperial Psyker Magnus Arterra

BoTM
Proud Decepticon

Post 666 Made on Fri Jul 04, 2003 @ 12:48 pm
Post 1337 made on Fri Aug 22, 2003 @ 9:18 am
Post 1492 Made on Fri Aug 29, 2003 @ 5:16 pm

Hail Xeno: Lord of Calculus -- Ace Pace
Image
HemlockGrey
Fucking Awesome
Posts: 13834
Joined: 2002-07-04 03:21pm

Post by HemlockGrey »

Rogue9, I don't care about legality. The question in the OP is whether or not it was morally right to force the Southerners to rejoin the Union they no longer wished to be a part of. Please stick to the topic.
The End of Suburbia
"If more cars are inevitable, must there not be roads for them to run on?"
-Robert Moses

"The Wire" is the best show in the history of television. Watch it today.
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Xenophobe3691 wrote:
Rogue 9 wrote:
Idiot. Read what I wrote. I said that federal law does, in fact, apply outside those places, therefore the federal government exercises sovereignty over the states.
That wasn't my point. My points was that most of the land in the State, except for certain dedicated areas, are State Land. Something you still haven't refuted.
I don't need to refute it, because it is irrelevant. It can be state land all it wants to be. Doesn't change the fact that the whole mess is U.S. territory above all, regardless of what state it's in.
The section by virtue of its existence says precisely that. If a state can, at any time, decide that it doesn't feel like obeying the Constitution that day and get away with it, why the hell did the Constitutional Convention see fit to put in such an utterly useless section?
You still don't seem to understand. Article 1 Section 10 lists all the powers revoked from each individual State while under the Constitution. I don't understand why you keep saying that it implies that you can't negate your ratification of the Constitution.
The Constitution says that the states may not raise an army, make treaties, declare wars, and all that other jazz that's required for an entity to be a sovereign country. Now, if a state were to start violating the Constitution, like, say, Michigan raising an army and declaring war on Canada, you would expect something to be done about it, yes? Well if Michigan can just say "Well if you try to stop us, we quit" and they are legally entitled to say that, then the Constitution cannot be enforced, which leads to the question of why did they even bother restricting the states if the states cannot be restricted? Such is entirely illogical; if the states are completely sovereign entities then the Constitution wouldn't limit them the way it does and if they are not then your argument that they can ignore the Constitution at will through the threat of secession doesn't fly. Your interpretation creates a paradox which the Constitution would not survive. I'm having a hard time understanding why you think the delegates of the Constitutional Convention would be so unbelievably stupid as to build such a self-destruct into the document they were composing, and furthermore why they'd be so dumb as to rob the central government of all ability to function when the entire objective of the Constitution was to make it functional as the Articles government was not. Your interpretation flies in the face of the entire reason we're not still governed by the Articles of Confederation.
Yeah it does, because if a state can simply get those powers back at any time then the section doesn't apply, does it? If it doesn't apply to anything, why write it?
Simple. Because those are the rules of the house while you're living under this roof. A concept quite familiar to anyone still in HS or College.
False analogy. Teenage children are not their parents' territory, nor does the departure of such a teenager on the basis of not liking the rules constitute the destruction of his parents.
Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Still wondering why you think James Madison was a retard who just wrote useless laws for the hell of it.
Still looking for a section that tells me that I can't cancel ratification. All you seem to have stated is a question in return, and a Clause in the Constitution governing...export duties...(I don't see anywhere that a State may not cancel ratification of the Constitution.)

Because with your interpretation, a state can collect all the export duties it damn well pleases and destroy the Union if the federal government attempts to enforce its laws.
Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Again, if states may simply ignore any and all restrictions on them whenever they damn well please, why bother with restricting them?
Again, these are the rules of the house while you're living in the house. Nowhere does it say that you may not pack and leave.
The United States is sovereign, and the ability of parts of a nation to "pack up and leave" violates the definition of sovereignty. You're outlining a treaty organization, not a nation.
All vessels of the Texas Navy were transferred to the US Navy by May of 1846, within five months of Texas' admission to the Union. Oops.
Wow, you shot down my little cool fact. Ouch. Savage.

Yeah, that's the second time. Hell, you didn't even get the powers of the Presidency right the first time around.
Among the powers delegated to the United States are national sovereignty, as evidenced by the fact that the federal government negotiates all treaties, has sole authority to declare war, has sole authority to enter into alliances, has sole authority to lay taxes on commerce, has sole authority to keep a military, has sole authority to issue currency, may prosecute treason committed against itself, and exercises its laws and courts as higher than those of the states.
And the United States, before all, is still bound by the Constitution. As you have said, it is the highest law in the land.
And said highest law recognizes the law of nations in its first Article. Part of said Law of Nations is the right to territorial integrity.
Actually, not quite. What I did was list out the powers of a sovereign nation and oh look, the federal government has got 'em all. As a sovereign nation, the United States has every right and duty to secure its borders. This is part of that Law of Nations referenced in Article 1, Section 8, Clause 10, which grants Congress the right to to punish offenses against the law of nations. Violating the national sovereignty of the United States is such an offense.
You have forgotten to mention that the entire section relates to such things as piracy and felonies.
United States Constitution, Article 1, Section 8, Clause 10 wrote:[Congress shall have the power] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations
Miss the second part, did we?
1.8.10,
Gives Congress the right to punish those who've committed crimes while on the High Seas.
United States Constitution, Article 1, Section 8, Clause 10 wrote:[Congress shall have the power] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations
Miss the second part, did we?
1.8.15,
Still does not say that I may cancel ratification or leave. And there have been rebellions before, just look at the Whiskey Rebellion.
Let me get this straight. You're saying that the federal government is empowered to put down rebellion, yet rebellion is legal? :wtf:
1.9.2,
What's the provision on the Writ of Habeas Corpus got to do with not being allowed to cancel a State's ratification of the Constitution?
The reference to rebellion. Again, if it is legal, why bother to indicate special conditions for dealing with it?
3.3.1,
Wow, you just stated the provision for what exactly treason is.

Yep. And look, one of the offenses qualifying as treason is levying war against the United States. The first one listed, in fact.
4.3.2,
The clause stating that Congress has the power to make laws and regulations for that Territory belonging to the US. Like Puerto Rico, Mariana Islands, Guam...
Norfolk Navy Yard, Fort Sumter...
and 6.2.
Yes, we all know that the Constitution is the supreme law of the land. But the argument is whether secession (By removal of ratification) is legal.

Not much of a supreme law if any jackoff state governor can negate it whenever he pleases.
What part of "sovereign nation" do you not understand? Also, if you're going to hammer Amendment 10 like this, explain to me why a private landowner cannot secede from the Union while we're at it. After all, it says reserved to the states or to the people. Hey, I've got an idea! I can go murder someone, declare my house and yard an independent nation, and refuse to deport myself! Go me!
Guess what? I'm not arguing for just unilaterally seceeding, if you've read exactly what I'm arguing for, dumbass, I'm arguing for a nullification of the Ratification of the Constitution. You yourself are not a State, you yourself did not sign a ratification, your State did.
If we're going that road, none of the original signers of the ratification documents are still alive to recant, so it still doesn't work.
Doing so prejudices the claims of the United States.
What claims?
Its national border, its installations and property within the state, its sovereignty, and its duty to enforce national law.
1.8.10, 1.8.15, 1.9.2, 3.3.1, 4.3.2, and 6.2. While we're at it, 1.10.1-3 and 2.2.1 just to demonstrate the limitations of the states and powers of the Presidency.
Already posted my opinions up to 6.2, and...wait a second...you're a fucking broken record. All you keep stating are obligations by the states to the central government while under the protection of the Constitution You have still not stated where in the Constitution a State may not cancel their ratification.
Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
Where the flying fuck does that say a State may not cancel ratification?
When the South seceded, they commandeered every naval vessel they could get their hands on, appropriated every fort and other federal installation, and took command of troop formations whose oath was to the United States. In short, they seized command of the military in defiance of its commander in chief. And if anyone's the broken record, it'd be you with "Waaaaaaaaaaaaaah, the 10th Amendment says I can do whatever I damned well please, waaaaaaaaaaaaaaaaaaaah!" Seriously, that's all I ever get out of any of the pack of traitors that advocates the destruction of the nation through secession.
HemlockGrey wrote:Rogue 9, I don't care about legality. The question in the OP is whether or not it was morally right to force the Southerners to rejoin the Union they no longer wished to be a part of. Please stick to the topic.
I don't let talk of treason go lightly. However, sure. Hold on to your hat, this is about to become a really bigass post.
Mississippi: Declaration of the Causes of Secession wrote:A Declaration of the Immediate Causes which Induce and Justify the Secession of the State of Mississippi from the Federal Union.

In the momentous step which our State has taken of dissolving its connection with the government of which we so long formed a part, it is but just that we should declare the prominent reasons which have induced our course.

Our position is thoroughly identified with the institution of slavery-- the greatest material interest of the world. Its labor supplies the product which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization. That blow has been long aimed at the institution, and was at the point of reaching its consummation. There was no choice left us but submission to the mandates of abolition, or a dissolution of the Union, whose principles had been subverted to work out our ruin.

That we do not overstate the dangers to our institution, a reference to a few facts will sufficiently prove.

The hostility to this institution commenced before the adoption of the Constitution, and was manifested in the well-known Ordinance of 1787, in regard to the Northwestern Territory.

The feeling increased, until, in 1819-20, it deprived the South of more than half the vast territory acquired from France.

The same hostility dismembered Texas and seized upon all the territory acquired from Mexico.

It has grown until it denies the right of property in slaves, and refuses protection to that right on the high seas, in the Territories, and wherever the government of the United States had jurisdiction.

It refuses the admission of new slave States into the Union, and seeks to extinguish it by confining it within its present limits, denying the power of expansion.

It tramples the original equality of the South under foot.

It has nullified the Fugitive Slave Law in almost every free State in the Union, and has utterly broken the compact which our fathers pledged their faith to maintain.

It advocates negro equality, socially and politically, and promotes insurrection and incendiarism in our midst.

It has enlisted its press, its pulpit and its schools against us, until the whole popular mind of the North is excited and inflamed with prejudice.

It has made combinations and formed associations to carry out its schemes of emancipation in the States and wherever else slavery exists.

It seeks not to elevate or to support the slave, but to destroy his present condition without providing a better.

It has invaded a State, and invested with the honors of martyrdom the wretch whose purpose was to apply flames to our dwellings, and the weapons of destruction to our lives.

It has broken every compact into which it has entered for our security.

It has given indubitable evidence of its design to ruin our agriculture, to prostrate our industrial pursuits and to destroy our social system.

It knows no relenting or hesitation in its purposes; it stops not in its march of aggression, and leaves us no room to hope for cessation or for pause.

It has recently obtained control of the Government, by the prosecution of its unhallowed schemes, and destroyed the last expectation of living together in friendship and brotherhood.

Utter subjugation awaits us in the Union, if we should consent longer to remain in it. It is not a matter of choice, but of necessity. We must either submit to degradation, and to the loss of property worth four billions of money, or we must secede from the Union framed by our fathers, to secure this as well as every other species of property. For far less cause than this, our fathers separated from the Crown of England.

Our decision is made. We follow their footsteps. We embrace the alternative of separation; and for the reasons here stated, we resolve to maintain our rights with the full consciousness of the justice of our course, and the undoubting belief of our ability to maintain it.
A similar document, this one from Georgia:
The people of Georgia having dissolved their political connection with the Government of the United States of America, present to their confederates and the world the causes which have led to the separation. For the last ten years we have had numerous and serious causes of complaint against our non-slave-holding confederate States with reference to the subject of African slavery. They have endeavored to weaken our security, to disturb our domestic peace and tranquility, and persistently refused to comply with their express constitutional obligations to us in reference to that property, and by the use of their power in the Federal Government have striven to deprive us of an equal enjoyment of the common Territories of the Republic. This hostile policy of our confederates has been pursued with every circumstance of aggravation which could arouse the passions and excite the hatred of our people, and has placed the two sections of the Union for many years past in the condition of virtual civil war. Our people, still attached to the Union from habit and national traditions, and averse to change, hoped that time, reason, and argument would bring, if not redress, at least exemption from further insults, injuries, and dangers. Recent events have fully dissipated all such hopes and demonstrated the necessity of separation. Our Northern confederates, after a full and calm hearing of all the facts, after a fair warning of our purpose not to submit to the rule of the authors of all these wrongs and injuries, have by a large majority committed the Government of the United States into their hands. The people of Georgia, after an equally full and fair and deliberate hearing of the case, have declared with equal firmness that they shall not rule over them. A brief history of the rise, progress, and policy of anti-slavery and the political organization into whose hands the administration of the Federal Government has been committed will fully justify the pronounced verdict of the people of Georgia. The party of Lincoln, called the Republican party, under its present name and organization, is of recent origin. It is admitted to be an anti-slavery party. While it attracts to itself by its creed the scattered advocates of exploded political heresies, of condemned theories in political economy, the advocates of commercial restrictions, of protection, of special privileges, of waste and corruption in the administration of Government, anti-slavery is its mission and its purpose. By anti-slavery it is made a power in the state. The question of slavery was the great difficulty in the way of the formation of the Constitution. While the subordination and the political and social inequality of the African race was fully conceded by all, it was plainly apparent that slavery would soon disappear from what are now the non-slave-holding States of the original thirteen. The opposition to slavery was then, as now, general in those States and the Constitution was made with direct reference to that fact. But a distinct abolition party was not formed in the United States for more than half a century after the Government went into operation. The main reason was that the North, even if united, could not control both branches of the Legislature during any portion of that time. Therefore such an organization must have resulted either in utter failure or in the total overthrow of the Government. The material prosperity of the North was greatly dependent on the Federal Government; that of the the South not at all. In the first years of the Republic the navigating, commercial, and manufacturing interests of the North began to seek profit and aggrandizement at the expense of the agricultural interests. Even the owners of fishing smacks sought and obtained bounties for pursuing their own business (which yet continue), and $500,000 is now paid them annually out of the Treasury. The navigating interests begged for protection against foreign shipbuilders and against competition in the coasting trade. Congress granted both requests, and by prohibitory acts gave an absolute monopoly of this business to each of their interests, which they enjoy without diminution to this day. Not content with these great and unjust advantages, they have sought to throw the legitimate burden of their business as much as possible upon the public; they have succeeded in throwing the cost of light-houses, buoys, and the maintenance of their seamen upon the Treasury, and the Government now pays above $2,000,000 annually for the support of these objects. Theses interests, in connection with the commercial and manufacturing classes, have also succeeded, by means of subventions to mail steamers and the reduction in postage, in relieving their business from the payment of about $7,000,000 annually, throwing it upon the public Treasury under the name of postal deficiency. The manufacturing interests entered into the same struggle early, and has clamored steadily for Government bounties and special favors. This interest was confined mainly to the Eastern and Middle non-slave-holding States. Wielding these great States it held great power and influence, and its demands were in full proportion to its power. The manufacturers and miners wisely based their demands upon special facts and reasons rather than upon general principles, and thereby mollified much of the opposition of the opposing interest. They pleaded in their favor the infancy of their business in this country, the scarcity of labor and capital, the hostile legislation of other countries toward them, the great necessity of their fabrics in the time of war, and the necessity of high duties to pay the debt incurred in our war for independence. These reasons prevailed, and they received for many years enormous bounties by the general acquiescence of the whole country.

But when these reasons ceased they were no less clamorous for Government protection, but their clamors were less heeded-- the country had put the principle of protection upon trial and condemned it. After having enjoyed protection to the extent of from 15 to 200 per cent. upon their entire business for above thirty years, the act of 1846 was passed. It avoided sudden change, but the principle was settled, and free trade, low duties, and economy in public expenditures was the verdict of the American people. The South and the Northwestern States sustained this policy. There was but small hope of its reversal; upon the direct issue, none at all.

All these classes saw this and felt it and cast about for new allies. The anti-slavery sentiment of the North offered the best chance for success. An anti-slavery party must necessarily look to the North alone for support, but a united North was now strong enough to control the Government in all of its departments, and a sectional party was therefore determined upon. Time and issues upon slavery were necessary to its completion and final triumph. The feeling of anti-slavery, which it was well known was very general among the people of the North, had been long dormant or passive; it needed only a question to arouse it into aggressive activity. This question was before us. We had acquired a large territory by successful war with Mexico; Congress had to govern it; how, in relation to slavery, was the question then demanding solution. This state of facts gave form and shape to the anti-slavery sentiment throughout the North and the conflict began. Northern anti-slavery men of all parties asserted the right to exclude slavery from the territory by Congressional legislation and demanded the prompt and efficient exercise of this power to that end. This insulting and unconstitutional demand was met with great moderation and firmness by the South. We had shed our blood and paid our money for its acquisition; we demanded a division of it on the line of the Missouri restriction or an equal participation in the whole of it. These propositions were refused, the agitation became general, and the public danger was great. The case of the South was impregnable. The price of the acquisition was the blood and treasure of both sections-- of all, and, therefore, it belonged to all upon the principles of equity and justice.

The Constitution delegated no power to Congress to excluded either party from its free enjoyment; therefore our right was good under the Constitution. Our rights were further fortified by the practice of the Government from the beginning. Slavery was forbidden in the country northwest of the Ohio River by what is called the ordinance of 1787. That ordinance was adopted under the old confederation and by the assent of Virginia, who owned and ceded the country, and therefore this case must stand on its own special circumstances. The Government of the United States claimed territory by virtue of the treaty of 1783 with Great Britain, acquired territory by cession from Georgia and North Carolina, by treaty from France, and by treaty from Spain. These acquisitions largely exceeded the original limits of the Republic. In all of these acquisitions the policy of the Government was uniform. It opened them to the settlement of all the citizens of all the States of the Union. They emigrated thither with their property of every kind (including slaves). All were equally protected by public authority in their persons and property until the inhabitants became sufficiently numerous and otherwise capable of bearing the burdens and performing the duties of self-government, when they were admitted into the Union upon equal terms with the other States, with whatever republican constitution they might adopt for themselves.

Under this equally just and beneficent policy law and order, stability and progress, peace and prosperity marked every step of the progress of these new communities until they entered as great and prosperous commonwealths into the sisterhood of American States. In 1820 the North endeavored to overturn this wise and successful policy and demanded that the State of Missouri should not be admitted into the Union unless she first prohibited slavery within her limits by her constitution. After a bitter and protracted struggle the North was defeated in her special object, but her policy and position led to the adoption of a section in the law for the admission of Missouri, prohibiting slavery in all that portion of the territory acquired from France lying North of 36 [degrees] 30 [minutes] north latitude and outside of Missouri. The venerable Madison at the time of its adoption declared it unconstitutional. Mr. Jefferson condemned the restriction and foresaw its consequences and predicted that it would result in the dissolution of the Union. His prediction is now history. The North demanded the application of the principle of prohibition of slavery to all of the territory acquired from Mexico and all other parts of the public domain then and in all future time. It was the announcement of her purpose to appropriate to herself all the public domain then owned and thereafter to be acquired by the United States. The claim itself was less arrogant and insulting than the reason with which she supported it. That reason was her fixed purpose to limit, restrain, and finally abolish slavery in the States where it exists. The South with great unanimity declared her purpose to resist the principle of prohibition to the last extremity. This particular question, in connection with a series of questions affecting the same subject, was finally disposed of by the defeat of prohibitory legislation.

The Presidential election of 1852 resulted in the total overthrow of the advocates of restriction and their party friends. Immediately after this result the anti-slavery portion of the defeated party resolved to unite all the elements in the North opposed to slavery an to stake their future political fortunes upon their hostility to slavery everywhere. This is the party two whom the people of the North have committed the Government. They raised their standard in 1856 and were barely defeated. They entered the Presidential contest again in 1860 and succeeded.

The prohibition of slavery in the Territories, hostility to it everywhere, the equality of the black and white races, disregard of all constitutional guarantees in its favor, were boldly proclaimed by its leaders and applauded by its followers.

With these principles on their banners and these utterances on their lips the majority of the people of the North demand that we shall receive them as our rulers.

The prohibition of slavery in the Territories is the cardinal principle of this organization.

For forty years this question has been considered and debated in the halls of Congress, before the people, by the press, and before the tribunals of justice. The majority of the people of the North in 1860 decided it in their own favor. We refuse to submit to that judgment, and in vindication of our refusal we offer the Constitution of our country and point to the total absence of any express power to exclude us. We offer the practice of our Government for the first thirty years of its existence in complete refutation of the position that any such power is either necessary or proper to the execution of any other power in relation to the Territories. We offer the judgment of a large minority of the people of the North, amounting to more than one-third, who united with the unanimous voice of the South against this usurpation; and, finally, we offer the judgment of the Supreme Court of the United States, the highest judicial tribunal of our country, in our favor. This evidence ought to be conclusive that we have never surrendered this right. The conduct of our adversaries admonishes us that if we had surrendered it, it is time to resume it.

The faithless conduct of our adversaries is not confined to such acts as might aggrandize themselves or their section of the Union. They are content if they can only injure us. The Constitution declares that persons charged with crimes in one State and fleeing to another shall be delivered up on the demand of the executive authority of the State from which they may flee, to be tried in the jurisdiction where the crime was committed. It would appear difficult to employ language freer from ambiguity, yet for above twenty years the non-slave-holding States generally have wholly refused to deliver up to us persons charged with crimes affecting slave property. Our confederates, with punic faith, shield and give sanctuary to all criminals who seek to deprive us of this property or who use it to destroy us. This clause of the Constitution has no other sanction than their good faith; that is withheld from us; we are remediless in the Union; out of it we are remitted to the laws of nations.

A similar provision of the Constitution requires them to surrender fugitives from labor. This provision and the one last referred to were our main inducements for confederating with the Northern States. Without them it is historically true that we would have rejected the Constitution. In the fourth year of the Republic Congress passed a law to give full vigor and efficiency to this important provision. This act depended to a considerable degree upon the local magistrates in the several States for its efficiency. The non-slave-holding States generally repealed all laws intended to aid the execution of that act, and imposed penalties upon those citizens whose loyalty to the Constitution and their oaths might induce them to discharge their duty. Congress then passed the act of 1850, providing for the complete execution of this duty by Federal officers. This law, which their own bad faith rendered absolutely indispensible for the protection of constitutional rights, was instantly met with ferocious revilings and all conceivable modes of hostility. The Supreme Court unanimously, and their own local courts with equal unanimity (with the single and temporary exception of the supreme court of Wisconsin), sustained its constitutionality in all of its provisions. Yet it stands to-day a dead letter for all practicable purposes in every non-slave-holding State in the Union. We have their convenants, we have their oaths to keep and observe it, but the unfortunate claimant, even accompanied by a Federal officer with the mandate of the highest judicial authority in his hands, is everywhere met with fraud, with force, and with legislative enactments to elude, to resist, and defeat him. Claimants are murdered with impunity; officers of the law are beaten by frantic mobs instigated by inflammatory appeals from persons holding the highest public employment in these States, and supported by legislation in conflict with the clearest provisions of the Constitution, and even the ordinary principles of humanity. In several of our confederate States a citizen cannot travel the highway with his servant who may voluntarily accompany him, without being declared by law a felon and being subjected to infamous punishments. It is difficult to perceive how we could suffer more by the hostility than by the fraternity of such brethren.

The public law of civilized nations requires every State to restrain its citizens or subjects from committing acts injurious to the peace and security of any other State and from attempting to excite insurrection, or to lessen the security, or to disturb the tranquillity of their neighbors, and our Constitution wisely gives Congress the power to punish all offenses against the laws of nations.

These are sound and just principles which have received the approbation of just men in all countries and all centuries; but they are wholly disregarded by the people of the Northern States, and the Federal Government is impotent to maintain them. For twenty years past the abolitionists and their allies in the Northern States have been engaged in constant efforts to subvert our institutions and to excite insurrection and servile war among us. They have sent emissaries among us for the accomplishment of these purposes. Some of these efforts have received the public sanction of a majority of the leading men of the Republican party in the national councils, the same men who are now proposed as our rulers. These efforts have in one instance led to the actual invasion of one of the slave-holding States, and those of the murderers and incendiaries who escaped public justice by flight have found fraternal protection among our Northern confederates.

These are the same men who say the Union shall be preserved.

Such are the opinions and such are the practices of the Republican party, who have been called by their own votes to administer the Federal Government under the Constitution of the United States. We know their treachery; we know the shallow pretenses under which they daily disregard its plainest obligations. If we submit to them it will be our fault and not theirs. The people of Georgia have ever been willing to stand by this bargain, this contract; they have never sought to evade any of its obligations; they have never hitherto sought to establish any new government; they have struggled to maintain the ancient right of themselves and the human race through and by that Constitution. But they know the value of parchment rights in treacherous hands, and therefore they refuse to commit their own to the rulers whom the North offers us. Why? Because by their declared principles and policy they have outlawed $3,000,000,000 of our property in the common territories of the Union; put it under the ban of the Republic in the States where it exists and out of the protection of Federal law everywhere; because they give sanctuary to thieves and incendiaries who assail it to the whole extent of their power, in spite of their most solemn obligations and covenants; because their avowed purpose is to subvert our society and subject us not only to the loss of our property but the destruction of ourselves, our wives, and our children, and the desolation of our homes, our altars, and our firesides. To avoid these evils we resume the powers which our fathers delegated to the Government of the United States, and henceforth will seek new safeguards for our liberty, equality, security, and tranquillity.

[Approved, Tuesday, January 29, 1861]
Texas:
Texas: Declaration of the Causes of Secession wrote:A Declaration of the Causes which Impel the State of Texas to Secede from the Federal Union.

The government of the United States, by certain joint resolutions, bearing date the 1st day of March, in the year A.D. 1845, proposed to the Republic of Texas, then a free, sovereign and independent nation, the annexation of the latter to the former, as one of the co-equal states thereof,

The people of Texas, by deputies in convention assembled, on the fourth day of July of the same year, assented to and accepted said proposals and formed a constitution for the proposed State, upon which on the 29th day of December in the same year, said State was formally admitted into the Confederated Union.

Texas abandoned her separate national existence and consented to become one of the Confederated Union to promote her welfare, insure domestic tranquility and secure more substantially the blessings of peace and liberty to her people. She was received into the confederacy with her own constitution, under the guarantee of the federal constitution and the compact of annexation, that she should enjoy these blessings. She was received as a commonwealth holding, maintaining and protecting the institution known as negro slavery-- the servitude of the African to the white race within her limits-- a relation that had existed from the first settlement of her wilderness by the white race, and which her people intended should exist in all future time. Her institutions and geographical position established the strongest ties between her and other slave-holding States of the confederacy. Those ties have been strengthened by association. But what has been the course of the government of the United States, and of the people and authorities of the non-slave-holding States, since our connection with them?

The controlling majority of the Federal Government, under various pretences and disguises, has so administered the same as to exclude the citizens of the Southern States, unless under odious and unconstitutional restrictions, from all the immense territory owned in common by all the States on the Pacific Ocean, for the avowed purpose of acquiring sufficient power in the common government to use it as a means of destroying the institutions of Texas and her sister slaveholding States.

By the disloyalty of the Northern States and their citizens and the imbecility of the Federal Government, infamous combinations of incendiaries and outlaws have been permitted in those States and the common territory of Kansas to trample upon the federal laws, to war upon the lives and property of Southern citizens in that territory, and finally, by violence and mob law, to usurp the possession of the same as exclusively the property of the Northern States.

The Federal Government, while but partially under the control of these our unnatural and sectional enemies, has for years almost entirely failed to protect the lives and property of the people of Texas against the Indian savages on our border, and more recently against the murderous forays of banditti from the neighboring territory of Mexico; and when our State government has expended large amounts for such purpose, the Federal Government has refuse reimbursement therefor, thus rendering our condition more insecure and harassing than it was during the existence of the Republic of Texas.

These and other wrongs we have patiently borne in the vain hope that a returning sense of justice and humanity would induce a different course of administration.

When we advert to the course of individual non-slave-holding States, and that a majority of their citizens, our grievances assume far greater magnitude.

The States of Maine, Vermont, New Hampshire, Connecticut, Rhode Island, Massachusetts, New York, Pennsylvania, Ohio, Wisconsin, Michigan and Iowa, by solemn legislative enactments, have deliberately, directly or indirectly violated the 3rd clause of the 2nd section of the 4th article [the fugitive slave clause] of the federal constitution, and laws passed in pursuance thereof; thereby annulling a material provision of the compact, designed by its framers to perpetuate the amity between the members of the confederacy and to secure the rights of the slave-holding States in their domestic institutions-- a provision founded in justice and wisdom, and without the enforcement of which the compact fails to accomplish the object of its creation. Some of those States have imposed high fines and degrading penalties upon any of their citizens or officers who may carry out in good faith that provision of the compact, or the federal laws enacted in accordance therewith.

In all the non-slave-holding States, in violation of that good faith and comity which should exist between entirely distinct nations, the people have formed themselves into a great sectional party, now strong enough in numbers to control the affairs of each of those States, based upon an unnatural feeling of hostility to these Southern States and their beneficent and patriarchal system of African slavery, proclaiming the debasing doctrine of equality of all men, irrespective of race or color-- a doctrine at war with nature, in opposition to the experience of mankind, and in violation of the plainest revelations of Divine Law. They demand the abolition of negro slavery throughout the confederacy, the recognition of political equality between the white and negro races, and avow their determination to press on their crusade against us, so long as a negro slave remains in these States.

For years past this abolition organization has been actively sowing the seeds of discord through the Union, and has rendered the federal congress the arena for spreading firebrands and hatred between the slave-holding and non-slave-holding States.

By consolidating their strength, they have placed the slave-holding States in a hopeless minority in the federal congress,

Yeah, that's kind of what the majority does in a republic. Moving on.
Texas: Declaration of the Causes of Secession wrote:and rendered representation of no avail in protecting Southern rights against their exactions and encroachments.

They have proclaimed, and at the ballot box sustained, the revolutionary doctrine that there is a 'higher law' than the constitution and laws of our Federal Union, and virtually that they will disregard their oaths and trample upon our rights.

They have for years past encouraged and sustained lawless organizations to steal our slaves and prevent their recapture, and have repeatedly murdered Southern citizens while lawfully seeking their rendition.

They have invaded Southern soil and murdered unoffending citizens, and through the press their leading men and a fanatical pulpit have bestowed praise upon the actors and assassins in these crimes, while the governors of several of their States have refused to deliver parties implicated and indicted for participation in such offenses, upon the legal demands of the States aggrieved.

They have, through the mails and hired emissaries, sent seditious pamphlets and papers among us to stir up servile insurrection and bring blood and carnage to our firesides.

They have sent hired emissaries among us to burn our towns and distribute arms and poison to our slaves for the same purpose.

They have impoverished the slave-holding States by unequal and partial legislation, thereby enriching themselves by draining our substance.

They have refused to vote appropriations for protecting Texas against ruthless savages, for the sole reason that she is a slave-holding State.

And, finally, by the combined sectional vote of the seventeen non-slave-holding States, they have elected as president and vice-president of the whole confederacy two men whose chief claims to such high positions are their approval of these long continued wrongs, and their pledges to continue them to the final consummation of these schemes for the ruin of the slave-holding States.

In view of these and many other facts, it is meet that our own views should be distinctly proclaimed.

We hold as undeniable truths that the governments of the various States, and of the confederacy itself, were established exclusively by the white race, for themselves and their posterity; that the African race had no agency in their establishment; that they were rightfully held and regarded as an inferior and dependent race, and in that condition only could their existence in this country be rendered beneficial or tolerable.

That in this free government all white men are and of right ought to be entitled to equal civil and political rights; that the servitude of the African race, as existing in these States, is mutually beneficial to both bond and free, and is abundantly authorized and justified by the experience of mankind, and the revealed will of the Almighty Creator, as recognized by all Christian nations; while the destruction of the existing relations between the two races, as advocated by our sectional enemies, would bring inevitable calamities upon both and desolation upon the fifteen slave-holding states.

By the secession of six of the slave-holding States, and the certainty that others will speedily do likewise, Texas has no alternative but to remain in an isolated connection with the North, or unite her destinies with the South.

For these and other reasons, solemnly asserting that the federal constitution has been violated and virtually abrogated by the several States named, seeing that the federal government is now passing under the control of our enemies to be diverted from the exalted objects of its creation to those of oppression and wrong, and realizing that our own State can no longer look for protection, but to God and her own sons-- We the delegates of the people of Texas, in Convention assembled, have passed an ordinance dissolving all political connection with the government of the United States of America and the people thereof and confidently appeal to the intelligence and patriotism of the freemen of Texas to ratify the same at the ballot box, on the 23rd day of the present month.

Adopted in Convention on the 2nd day of Feby, in the year of our Lord one thousand eight hundred and sixty-one and of the independence of Texas the twenty-fifth.
South Carolina: Declaration of the Causes of Secession wrote:Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union

The people of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights of the States, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other slaveholding States, she forbore at that time to exercise this right. Since that time, these encroachments have continued to increase, and further forbearance ceases to be a virtue.

And now the State of South Carolina having resumed her separate and equal place among nations, deems it due to herself, to the remaining United States of America, and to the nations of the world, that she should declare the immediate causes which have led to this act.

<Snip long and largely inaccurate history lecture>

We hold that the Government thus established is subject to the two great principles asserted in the Declaration of Independence; and we hold further, that the mode of its formation subjects it to a third fundamental principle, namely: the law of compact. We maintain that in every compact between two or more parties, the obligation is mutual; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other; and that where no arbiter is provided, each party is remitted to his own judgment to determine the fact of failure, with all its consequences.

In the present case, that fact is established with certainty. We assert that fourteen of the States have deliberately refused, for years past, to fulfill their constitutional obligations, and we refer to their own Statutes for the proof.

The Constitution of the United States, in its fourth Article, provides as follows: "No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due."

This stipulation was so material to the compact, that without it that compact would not have been made. The greater number of the contracting parties held slaves, and they had previously evinced their estimate of the value of such a stipulation by making it a condition in the Ordinance for the government of the territory ceded by Virginia, which now composes the States north of the Ohio River.

The same article of the Constitution stipulates also for rendition by the several States of fugitives from justice from the other States.

The General Government, as the common agent, passed laws to carry into effect these stipulations of the States. For many years these laws were executed. But an increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them. In many of these States the fugitive is discharged from service or labor claimed, and in none of them has the State Government complied with the stipulation made in the Constitution. The State of New Jersey, at an early day, passed a law in conformity with her constitutional obligation; but the current of anti-slavery feeling has led her more recently to enact laws which render inoperative the remedies provided by her own law and by the laws of Congress. In the State of New York even the right of transit for a slave has been denied by her tribunals; and the States of Ohio and Iowa have refused to surrender to justice fugitives charged with murder, and with inciting servile insurrection in the State of Virginia. Thus the constituted compact has been deliberately broken and disregarded by the non-slaveholding States, and the consequence follows that South Carolina is released from her obligation.

The ends for which the Constitution was framed are declared by itself to be "to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity."

These ends it endeavored to accomplish by a Federal Government, in which each State was recognized as an equal, and had separate control over its own institutions. The right of property in slaves was recognized by giving to free persons distinct political rights, by giving them the right to represent, and burthening them with direct taxes for three-fifths of their slaves; by authorizing the importation of slaves for twenty years; and by stipulating for the rendition of fugitives from labor.

We affirm that these ends for which this Government was instituted have been defeated, and the Government itself has been made destructive of them by the action of the non-slaveholding States. Those States have assume the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in fifteen of the States and recognized by the Constitution; they have denounced as sinful the institution of slavery; they have permitted open establishment among them of societies, whose avowed object is to disturb the peace and to eloign the property of the citizens of other States. They have encouraged and assisted thousands of our slaves to leave their homes; and those who remain, have been incited by emissaries, books and pictures to servile insurrection.

For twenty-five years this agitation has been steadily increasing, until it has now secured to its aid the power of the common Government. Observing the forms of the Constitution, a sectional party has found within that Article establishing the Executive Department, the means of subverting the Constitution itself. A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high office of President of the United States, whose opinions and purposes are hostile to slavery. He is to be entrusted with the administration of the common Government, because he has declared that that "Government cannot endure permanently half slave, half free," and that the public mind must rest in the belief that slavery is in the course of ultimate extinction.

This sectional combination for the submersion of the Constitution, has been aided in some of the States by elevating to citizenship, persons who, by the supreme law of the land, are incapable of becoming citizens; and their votes have been used to inaugurate a new policy, hostile to the South, and destructive of its beliefs and safety.

On the 4th day of March next, this party will take possession of the Government. It has announced that the South shall be excluded from the common territory, that the judicial tribunals shall be made sectional, and that a war must be waged against slavery until it shall cease throughout the United States.

The guaranties of the Constitution will then no longer exist; the equal rights of the States will be lost. The slaveholding States will no longer have the power of self-government, or self-protection, and the Federal Government will have become their enemy.

Sectional interest and animosity will deepen the irritation, and all hope of remedy is rendered vain, by the fact that public opinion at the North has invested a great political error with the sanction of more erroneous religious belief.

We, therefore, the People of South Carolina, by our delegates in Convention assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, have solemnly declared that the Union heretofore existing between this State and the other States of North America, is dissolved, and that the State of South Carolina has resumed her position among the nations of the world, as a separate and independent State; with full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do.

Adopted December 24, 1860
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Erm... I seem to have found the character limit. :oops: As the Cornerstone Address has already been posted anyway, here's the rest of it minus that:
Constitution of the Confederate States, Article 1, Section 9, Clause 4 wrote:No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.
Parts in red are relevant. The section of the Texas Declaration in orange is a bald faced lie, as the territories were under Federal administration, not any sort of joint administration by the state governments.

The Constitution of the Confederate States of America specifically forbids any law restricting slavery in its first Article, Section 9, Clause 4, as quoted above. The Confederate Constitution is practically a copy of the United States Constitution. I don't think that change was coincidental. The proposal was made at the Convention to bar free states from entering the Confederacy, but the motion was narrowly refused by the delegates, out of a hope that Confederate control of the mouth of the Mississippi would coerce the states along the river to secede and join them. Measures to prevent or complicate the manumission of slaves were also proposed. I'll have to do some checking to see whether or not any of them were passed. R Barnwell Rhett, chairman of the Constitutional Convention in Montgomery, declared his wish to form a slaveholders' republic, a wish that he largely got. The prime motive for the secession was slavery, and as such it was something to be opposed on moral grounds.
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

[Committee signatures][/quote]
[quote="Alexander H. Stephens: Cornerstone Address"]March 21, 1861
We are in the midst of one of the greatest epochs in our history. The last ninety days will mark one of the most memorable eras in the history of modern civilization.

... we are passing through one of the greatest revolutions in the annals of the world-seven States have, within the last three months, thrown off an old Government and formed a new. This revolution has been signally marked, up to this time, by the fact of its having been accomplished without the loss of a single drop of blood. This new Constitution, or form of government, constitutes the subject to which your attention will be partly invited.

In reference to it, I make this first general remark: It amply secures all our ancient rights, franchises, and privileges. All the great principles of Magna Chartal are retained in it. No citizen is deprived of life, liberty, or property, but by the judgment of his peers, under the laws of the land. The great principle of religious liberty, which was the honor and pride of the old Constitution, is still maintained and secured. All the essentials of the old Constitution, which have endeared it to the hearts of the American people, have been preserved and perpetuated.... So, taking the whole new Constitution, I have no hesitancy in giving it as my judgment, that it is decidedly better than the old. [Applause.] Allow me briefly to allude to some of these improvements. The question of building up class interests, or fostering one branch of industry to the prejudice of another, under the exercise of the revenue power, which gave us so much trouble under the old Constitution, is put at rest forever under the new. We allow the imposition of no duty with a view of giving advantage to one class of persons, in any trade or business, over those of another. All, under our system, stand upon the same broad principles of perfect equality. Honest labor and enterprise are left free and unrestricted in whatever pursuit they may be engaged in ....

But not to be tedious in enumerating the numerous changes for the better, allow me to allude to one other-though last, not least: the new Constitution has put at rest forever all the agitating questions relating to our peculiar institutions-African slavery as it exists among us-the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution. Jefferson, in his forecast, had anticipated this, as the "rock upon which the old Union would split." He was right. What was conjecture with him, is now a realized fact. But whether he fully comprehended the great truth upon which that rock stood and stands, may be doubted. The prevailing ideas entertained by him and most of the leading statesmen at the time of the formation of the old Constitution were, that the enslavement of the African was in violation of the laws of nature; that it was wrong in principle, socially, morally and politically. It was an evil they knew not well how to deal with; but the general opinion of the men of that day was, that, somehow or other, in the order of Providence, the institution would be evanescent and pass away. This idea, though not incorporated in the Constitution, was the prevailing idea at the time. The Constitution, it is true, secured every essential guarantee to the institution while it should last, and hence no argument can be justly used against the constitutional guarantees thus secured, because of the common sentiment of the day. Those ideas, however, were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the idea of a Government built upon it-when the "storm came and the wind blew, it fell."

Our new Government is founded upon exactly the opposite ideas; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and moral condition. This, our new Government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.
This truth has been slow in the process of its development, like all other truths in the various departments of science. It is so even amongst us. Many who hear me, perhaps, can recollect well that this truth was not generally admitted, even within their day. The errors of the past generation still clung to many as late as twenty years ago. Those at the North who still cling to these errors with a zeal above knowledge, we justly denominate fanatics. All fanaticism springs from an aberration of the mind; from a defect in reasoning. It is a species of insanity. One of the most striking characteristics of insanity, in many instances, is, forming correct conclusions from fancied or erroneous premises; so with the anti-slavery fanatics: their conclusions are right if their premises are. They assume that the negro is equal, and hence conclude that he is entitled to equal privileges and rights, with the white man.... I recollect once of having heard a gentleman from one of the Northern States, of great power and ability, announce in the House of Representatives, with imposing effect, that we of the South would be compelled, ultimately, to yield upon this subject of slavery; that it was as impossible to war successfully against a principle in politics, as it was in physics or mechanics. That the principle would ultimately prevail. That we, in maintaining slavery as it exists with us, were warring against a principle-a principle founded in nature, the principle of the equality of man. The reply I made to him was, that upon his own grounds we should succeed, and that he and his associates in their crusade against our institutions would ultimately fail. The truth announced, that it was as impossible to war successfully against a principle in politics as well as in physics and mechanics, I admitted, but told him it was he and those acting with him who were warring against a principle. They were attempting to make things equal which the Creator had made unequal.

In the conflict thus far, success has been on our side, complete throughout the length and breadth of the Confederate States. It is upon this, as I have stated, our social
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Patrick Degan
Emperor's Hand
Posts: 14847
Joined: 2002-07-15 08:06am
Location: Orleanian in exile

Post by Patrick Degan »

Two points of clarification:
Rogue9 wrote: When the South seceded, they commandeered every naval vessel they could get their hands on, appropriated every fort and other federal installation, and took command of troop formations whose oath was to the United States. In short, they seized command of the military in defiance of its commander in chief.
Not quite correct. State millitias in that era were under the primary control of the states and were not part of the Federal army nor under the command of the President until called into the national service by Congress. The terms under which state militias existed were far looser than under today's definitions regarding the National Guard (cf. ref. Millitia Act of 1903, National Defence Acts and related Congressional acts of 1913, 1916, 1933, 1947).

I am also constrained to point out that the American colonists also seized every fort and vessel they could lay hands upon, and took control of or formed colonial millitias in defiance of the King during the Revolutionary War, so the actions of the Confederates in that regard had ample precedent in American history.
And if anyone's the broken record, it'd be you with "Waaaaaaaaaaaaaah, the 10th Amendment says I can do whatever I damned well please, waaaaaaaaaaaaaaaaaaaah!" Seriously, that's all I ever get out of any of the pack of traitors that advocates the destruction of the nation through secession.
Advocating secession is not treason. Political speech, even that advocating secession or revolution, has ironclad protection under the First Amendment. Whether that suits you or not, that is the way the law in this country reads and is long part of the American tradition.
When ballots have fairly and constitutionally decided, there can be no successful appeal back to bullets.
—Abraham Lincoln

People pray so that God won't crush them like bugs.
—Dr. Gregory House

Oil an emergency?! It's about time, Brigadier, that the leaders of this planet of yours realised that to remain dependent upon a mineral slime simply doesn't make sense.
—The Doctor "Terror Of The Zygons" (1975)
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Patrick Degan wrote:Two points of clarification:
Rogue9 wrote: When the South seceded, they commandeered every naval vessel they could get their hands on, appropriated every fort and other federal installation, and took command of troop formations whose oath was to the United States. In short, they seized command of the military in defiance of its commander in chief.
Not quite correct. State millitias in that era were under the primary control of the states and were not part of the Federal army nor under the command of the President until called into the national service by Congress. The terms under which state militias existed were far looser than under today's definitions regarding the National Guard (cf. ref. Millitia Act of 1903, National Defence Acts and related Congressional acts of 1913, 1916, 1933, 1947).
Which is why I spoke of federal forts, naval facilities, ships, and regular Army. Didn't say a word about militias.
I am also constrained to point out that the American colonists also seized every fort and vessel they could lay hands upon, and took control of or formed colonial millitias in defiance of the King during the Revolutionary War, so the actions of the Confederates in that regard had ample precedent in American history.
Yep, and that action was illegal. Legality and morality are two different things; the colonies has the latter on their side while the Confederacy had neither.
And if anyone's the broken record, it'd be you with "Waaaaaaaaaaaaaah, the 10th Amendment says I can do whatever I damned well please, waaaaaaaaaaaaaaaaaaaah!" Seriously, that's all I ever get out of any of the pack of traitors that advocates the destruction of the nation through secession.
Advocating secession is not treason. Political speech, even that advocating secession or revolution, has ironclad protection under the First Amendment. Whether that suits you or not, that is the way the law in this country reads and is long part of the American tradition.
Conceded. I got carried away. My apologies.
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Xenophobe3691
Sith Marauder
Posts: 4334
Joined: 2002-07-24 08:55am
Location: University of Central Florida, Orlando, FL
Contact:

Post by Xenophobe3691 »

Rogue 9 wrote: That wasn't my point. My points was that most of the land in the State, except for certain dedicated areas, are State Land. Something you still haven't refuted.
We've both agreed, it's under US sovereignty.
The Constitution says that the states may not raise an army, make treaties, declare wars, and all that other jazz that's required for an entity to be a sovereign country. Now, if a state were to start violating the Constitution, like, say, Michigan raising an army and declaring war on Canada, you would expect something to be done about it, yes? Well if Michigan can just say "Well if you try to stop us, we quit" and they are legally entitled to say that, then the Constitution cannot be enforced, which leads to the question of why did they even bother restricting the states if the states cannot be restricted? Such is entirely illogical; if the states are completely sovereign entities then the Constitution wouldn't limit them the way it does and if they are not then your argument that they can ignore the Constitution at will through the threat of secession doesn't fly. Your interpretation creates a paradox which the Constitution would not survive. I'm having a hard time understanding why you think the delegates of the Constitutional Convention would be so unbelievably stupid as to build such a self-destruct into the document they were composing, and furthermore why they'd be so dumb as to rob the central government of all ability to function when the entire objective of the Constitution was to make it functional as the Articles government was not. Your interpretation flies in the face of the entire reason we're not still governed by the Articles of Confederation.
No, the reason we're not under the Articles of Confederation was because it gave too much power to the States, in that Congress could not enforce taxes, and one state could block the whole process up.

And for your example, yes, that would be illegal. But it says nothing about Michigan leaving and then declaring war. While quite illogical, that's the way the system works. I'm not arguing the logic, I'm arguing the legality.
False analogy. Teenage children are not their parents' territory, nor does the departure of such a teenager on the basis of not liking the rules constitute the destruction of his parents.
But it does constitute the destruction of the "family", in the sense that the teenager no longer is under the rules of the House he was living in. And yes, teenage children are quite close to the "territory" of the parents, legally a teenager has rights and responsibilities that are given to the parent.
The United States is sovereign, and the ability of parts of a nation to "pack up and leave" violates the definition of sovereignty. You're outlining a treaty organization, not a nation.
Which was what the United States were upon Ratification of the Constitution.
And said highest law recognizes the law of nations in its first Article. Part of said Law of Nations is the right to territorial integrity.
That still does not exclude provisions for Secession, as is shown in Canada.
United States Constitution, Article 1, Section 8, Clause 10 wrote:[Congress shall have the power] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations
Miss the second part, did we?
Oh, I didn't. But when the second part is in a section governing the rights of Congress when dealing with Naval Activity, it's quite clear that those Offences against the Law of Nations deals with Naval Law.
1.8.15,
Let me get this straight. You're saying that the federal government is empowered to put down rebellion, yet rebellion is legal? :wtf:
Not really, just showing that those powers have actually been used in real rebellions.
1.9.2,
The reference to rebellion. Again, if it is legal, why bother to indicate special conditions for dealing with it?
Because rebellions have happened. The Whiskey Rebellion, Shay's Rebellion, John Brown...
3.3.1,
Yep. And look, one of the offenses qualifying as treason is levying war against the United States. The first one listed, in fact.
Yep. How is Seceeding levying war against the United States? That's akin to stating that divorcing someone is equivalent to assaulting them.
and 6.2.
Not much of a supreme law if any jackoff state governor can negate it whenever he pleases.
Ever hear of the Nullification Doctrines?
If we're going that road, none of the original signers of the ratification documents are still alive to recant, so it still doesn't work.
But the States they represented do. That's like saying that since the original signers are dead, so is the Bill of Rights.
The Constitution is a document between States,
What claims?
Its national border, its installations and property within the state, its sovereignty, and its duty to enforce national law.
Which are all still subordinate to the Constitution, the document that gives the United States those powers in the first place.
Already posted my opinions up to 6.2, and...wait a second...you're a fucking broken record. All you keep stating are obligations by the states to the central government while under the protection of the Constitution You have still not stated where in the Constitution a State may not cancel their ratification.

Where the flying fuck does that say a State may not cancel ratification?
When the South seceded, they commandeered every naval vessel they could get their hands on, appropriated every fort and other federal installation, and took command of troop formations whose oath was to the United States. In short, they seized command of the military in defiance of its commander in chief. And if anyone's the broken record, it'd be you with "Waaaaaaaaaaaaaah, the 10th Amendment says I can do whatever I damned well please, waaaaaaaaaaaaaaaaaaaah!" Seriously, that's all I ever get out of any of the pack of traitors that advocates the destruction of the nation through secession.
Hey! Shitcock! How bout this! You Were the one that mentioned Ft. Sumter and the Norfolk Naval Yards. You were the one who first mentioned the South seceeding in this argument. How bout answering the fucking question, where in the Constitution does it say that one may not remove ratification! I have NOT mentioned the South ONCE in this argument, because it has no bearing on it whatsoever on whether or not Secession is legal! They weren't the first to think of secession, or even hold a convention on doing it! The Hartford Convention.
I don't let talk of treason go lightly. However, sure. Hold on to your hat, this is about to become a really bigass post.
Treason is defined as levying war against the enemies of the US, or aiding them. I haven't done either, so I don't think I'm a traitor. Do you? Because you seem to be the one who came up with that section of the Constitution.
SNIP
You seem to be thinking that I'm arguing for the South's secession. I'm not. I'm arguing for the constitutional legality of secession, and you seem to be throwing a huge fucking red-herring in my way.

And now, for some quotes.
Thomas Jefferson's First Inaugural Address wrote: If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it.
Thomas Jefferson wrote: If any State in the Union will declare that it prefers separation with the first alternative to a continuance in union without it, I have no hesitation in saying 'let us separate.'
Federalist Paper 39: By James Madison wrote: On examining the first relation, it appears, on one hand, that the Constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for the special purpose; but, on the other, that this assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. The act, therefore, establishing the Constitution, will not be a NATIONAL, but a FEDERAL act.

... Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.
Federalist Paper 45 wrote: The State governments may be regarded as constituent and essential parts of the federal government; whilst the latter is nowise essential to the operation or organization of the former.

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
Dark Heresy: Dance Macabre - Imperial Psyker Magnus Arterra

BoTM
Proud Decepticon

Post 666 Made on Fri Jul 04, 2003 @ 12:48 pm
Post 1337 made on Fri Aug 22, 2003 @ 9:18 am
Post 1492 Made on Fri Aug 29, 2003 @ 5:16 pm

Hail Xeno: Lord of Calculus -- Ace Pace
Image
User avatar
Patrick Degan
Emperor's Hand
Posts: 14847
Joined: 2002-07-15 08:06am
Location: Orleanian in exile

Post by Patrick Degan »

Rogue 9 wrote:
Patrick Degan wrote:Two points of clarification:
Rogue9 wrote: When the South seceded, they commandeered every naval vessel they could get their hands on, appropriated every fort and other federal installation, and took command of troop formations whose oath was to the United States. In short, they seized command of the military in defiance of its commander in chief.
Not quite correct. State millitias in that era were under the primary control of the states and were not part of the Federal army nor under the command of the President until called into the national service by Congress. The terms under which state militias existed were far looser than under today's definitions regarding the National Guard (cf. ref. Millitia Act of 1903, National Defence Acts and related Congressional acts of 1913, 1916, 1933, 1947).
Which is why I spoke of federal forts, naval facilities, ships, and regular Army. Didn't say a word about militias.
Except the Confederate States did not seize control of U.S. regular army units and place them under Confederate command. Federal soldiers and officers were not forcibly conscripted into Confederate service. The CSA created its own army and relied heavily upon its own state militias to put soldiers in the field.
When ballots have fairly and constitutionally decided, there can be no successful appeal back to bullets.
—Abraham Lincoln

People pray so that God won't crush them like bugs.
—Dr. Gregory House

Oil an emergency?! It's about time, Brigadier, that the leaders of this planet of yours realised that to remain dependent upon a mineral slime simply doesn't make sense.
—The Doctor "Terror Of The Zygons" (1975)
User avatar
Rogue 9
Scrapping TIEs since 1997
Posts: 18669
Joined: 2003-11-12 01:10pm
Location: Classified
Contact:

Post by Rogue 9 »

Xenophobe3691 wrote:
Rogue 9 wrote: That wasn't my point. My points was that most of the land in the State, except for certain dedicated areas, are State Land. Something you still haven't refuted.
We've both agreed, it's under US sovereignty.
Well that's more than I usually get mental midgets of your caliber to concede.
The Constitution says that the states may not raise an army, make treaties, declare wars, and all that other jazz that's required for an entity to be a sovereign country. Now, if a state were to start violating the Constitution, like, say, Michigan raising an army and declaring war on Canada, you would expect something to be done about it, yes? Well if Michigan can just say "Well if you try to stop us, we quit" and they are legally entitled to say that, then the Constitution cannot be enforced, which leads to the question of why did they even bother restricting the states if the states cannot be restricted? Such is entirely illogical; if the states are completely sovereign entities then the Constitution wouldn't limit them the way it does and if they are not then your argument that they can ignore the Constitution at will through the threat of secession doesn't fly. Your interpretation creates a paradox which the Constitution would not survive. I'm having a hard time understanding why you think the delegates of the Constitutional Convention would be so unbelievably stupid as to build such a self-destruct into the document they were composing, and furthermore why they'd be so dumb as to rob the central government of all ability to function when the entire objective of the Constitution was to make it functional as the Articles government was not. Your interpretation flies in the face of the entire reason we're not still governed by the Articles of Confederation.
No, the reason we're not under the Articles of Confederation was because it gave too much power to the States, in that Congress could not enforce taxes, and one state could block the whole process up.
And the power of secession means... one state can block the whole process up. So you're saying there was really no point. Duly noted.
And for your example, yes, that would be illegal. But it says nothing about Michigan leaving and then declaring war. While quite illogical, that's the way the system works. I'm not arguing the logic, I'm arguing the legality.
So you're saying that the Convention intended for a state to be able to hold the Union hostage against enforcement of 1.10. Which is retarded.
False analogy. Teenage children are not their parents' territory, nor does the departure of such a teenager on the basis of not liking the rules constitute the destruction of his parents.
But it does constitute the destruction of the "family", in the sense that the teenager no longer is under the rules of the House he was living in. And yes, teenage children are quite close to the "territory" of the parents, legally a teenager has rights and responsibilities that are given to the parent.
If the states leave, the Union ends along with the United States. That's not true of parents; in fact, children are intended to leave in due time.
The United States is sovereign, and the ability of parts of a nation to "pack up and leave" violates the definition of sovereignty. You're outlining a treaty organization, not a nation.
Which was what the United States were upon Ratification of the Constitution.
You contradict yourself. Treaty organizations are not sovereign and do not remove sovereignty from their members. The Constitution is quite clearly intended as the charter document of a nation, not some analogue to the North Atlantic Charter.
And said highest law recognizes the law of nations in its first Article. Part of said Law of Nations is the right to territorial integrity.
That still does not exclude provisions for Secession, as is shown in Canada.
Ah yes, Canada, dominion of the British Empire. Imperial territories and integral parts of a single nation are entirely separate things.
United States Constitution, Article 1, Section 8, Clause 10 wrote:[Congress shall have the power] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations
Miss the second part, did we?
Oh, I didn't. But when the second part is in a section governing the rights of Congress when dealing with Naval Activity, it's quite clear that those Offences against the Law of Nations deals with Naval Law.
Erm... Section 8 is limited to naval activity? :wtf: What do:

1.) Collecting taxes
2.) borrowing money
3.) regulating commerce
4.) establishing laws of naturalization and laws relating to bankruptcy (by the by, are you saying that bankruptcy is obviously a function of naturalization by virtue of the two being in the same clause as well?)
5.) coining money
6.) punishing counterfeiting
7.) establishing post offices and post roads
8.) copyright and patent law
9.) establishing courts
10.) governing DC
and
11.) making all necessary and proper legislation to execute the powers of the government

have to do with naval activity?
1.8.15,
Let me get this straight. You're saying that the federal government is empowered to put down rebellion, yet rebellion is legal? :wtf:
Not really, just showing that those powers have actually been used in real rebellions.
Such as that of 1860-65...
1.9.2,
The reference to rebellion. Again, if it is legal, why bother to indicate special conditions for dealing with it?
Because rebellions have happened. The Whiskey Rebellion, Shay's Rebellion, John Brown...
1.) And the US Civil War. 2.) You've got your cause and effect mixed up; the Constitution predates any rebellion against it and those clauses are not in amendments.
3.3.1,
Yep. And look, one of the offenses qualifying as treason is levying war against the United States. The first one listed, in fact.
Yep. How is Seceeding levying war against the United States? That's akin to stating that divorcing someone is equivalent to assaulting them.
Okay, this is getting ridiculous.
and 6.2.
Not much of a supreme law if any jackoff state governor can negate it whenever he pleases.
Ever hear of the Nullification Doctrines?
Yep. Every state legislature except Virginia and Kentucky flatly rejected them when they were circulated to the several States as unwarranted and mischievous.
Link, about 3/4 of the way down the page wrote:In a series of resolutions drawn up under the seal of secrecy as to their authorship, Mr. Jefferson declared the National Constitution to be a mere compact made by sovereign states as states, each having the sole right of interpreting for itself the "compact," and bound by no interpretation but its own; that the general government has no final right, in any of its branches, to interpret the extent of its own powers, and that all its acts not considered constitutional by a state may be properly nullified by such state within its own boundaries. These resolutions were offered to the Kentucky Legislature; but the one avowing the absolute right of nullification was modified, or rather substituted by another, before the whole were put upon their passage. This action was in November, 1798. Within a month afterward John Taylor, of Caroline, an avowed secessionist, introduced into the Virginia Legislature a series of resolutions drawn by Mr. Madison, similar in spirit, but more cautious in expression. They were adopted, and, with a plea in their favor, were sent to the various State Legislatures. In some of them they were handled roughly, and all that responded condemned them as unwarrantable and mischievous, excepting already-committed Kentucky.

So much for that. Calhoun's doctrine of 1832 was pure sour grapes at him not being elected President.
Link, about 1/3 down the page wrote:Mr. Calhoun omits, however, to mention that the Exposition was not presented to the Legislature of South Carolina until after the Presidential election had been decided. Nor did he inform his hearers that the author of the paper was Mr. Vice-President Calhoun. Either there was a great dearth of literary ability in that body, or else Mr. Calhoun had little confidence in it; for nearly all the ponderous documents on nullification given to the world in its name were penned
by Mr. Calhoun, and appear in his collected works. If the Legislature
addressed its constituents or the people of the United States on
_this_ subject, it was he who prepared the draft. The South Carolina
Exposition was found among his papers in his own handwriting, and it
was adopted by the Legislature with only a few alterations and
suppressions. There never was a piece of mischief more completely the
work of one man than the nullification troubles of 1833-34.
Calhoun, late in life,often spoke of the immense advantage which Southern boys had over Northern in not going so early to school, and being so much on horseback and out of doors. He said one day, about the year 1845:
John C. Calhoun wrote:"At the North you overvalue intellect; at the South we rely upon character; and if ever there should be a collision that shall test the strength of the two sections, you will find that character is stronger than intellect, and will carry the day."
And you're using this man to defend your position on this board of all places, why? Same source, about a quarter of the way down the page. I have lots more on Calhoun, nullification, and related topics that I will present in another post, for fear of exceeding the character limit and demolishing the page format again.
If we're going that road, none of the original signers of the ratification documents are still alive to recant, so it still doesn't work.
But the States they represented do. That's like saying that since the original signers are dead, so is the Bill of Rights.
No, quite the opposite. That's like saying that since the original signers are dead, they can't change their minds about it.
The Constitution is a document between States,

Did you have some point here?
What claims?
Its national border, its installations and property within the state, its sovereignty, and its duty to enforce national law.
Which are all still subordinate to the Constitution, the document that gives the United States those powers in the first place.
... So you're saying the Constitution which gives those powers and the ability to enforce them supersedes itself? Erm...
Already posted my opinions up to 6.2, and...wait a second...you're a fucking broken record. All you keep stating are obligations by the states to the central government while under the protection of the Constitution You have still not stated where in the Constitution a State may not cancel their ratification.

Where the flying fuck does that say a State may not cancel ratification?
When the South seceded, they commandeered every naval vessel they could get their hands on, appropriated every fort and other federal installation, and took command of troop formations whose oath was to the United States. In short, they seized command of the military in defiance of its commander in chief. And if anyone's the broken record, it'd be you with "Waaaaaaaaaaaaaah, the 10th Amendment says I can do whatever I damned well please, waaaaaaaaaaaaaaaaaaaah!" Seriously, that's all I ever get out of any of the pack of traitors that advocates the destruction of the nation through secession.
Hey! Shitcock! How bout this! You Were the one that mentioned Ft. Sumter and the Norfolk Naval Yards. You were the one who first mentioned the South seceeding in this argument. How bout answering the fucking question, where in the Constitution does it say that one may not remove ratification! I have NOT mentioned the South ONCE in this argument, because it has no bearing on it whatsoever on whether or not Secession is legal! They weren't the first to think of secession, or even hold a convention on doing it! The Hartford Convention.
Yeah, you'll note that the Hartford Convention got precisely nowhere and in fact was self-defeating, destroying the very party that represented the states sponsoring it. Hmmmmmmmm...
I don't let talk of treason go lightly. However, sure. Hold on to your hat, this is about to become a really bigass post.
Treason is defined as levying war against the enemies of the US, or aiding them. I haven't done either, so I don't think I'm a traitor. Do you? Because you seem to be the one who came up with that section of the Constitution.
No. Not until you actually try to make off with U.S. territory, at any rate.
SNIP
You seem to be thinking that I'm arguing for the South's secession. I'm not. I'm arguing for the constitutional legality of secession, and you seem to be throwing a huge fucking red-herring in my way.
No, you seem to have missed the part where I switched from addressing you to addressing Hemlock.
And now, for some quotes.
Thomas Jefferson's First Inaugural Address wrote:If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it.
Yeah, thanks for your support. Or did you fail to notice that Jefferson was saying that we can let those who want to dissolve the Union keep talking because they're plainly idiots, only in more polite terms?
Thomas Jefferson wrote:If any State in the Union will declare that it prefers separation with the first alternative to a continuance in union without it, I have no hesitation in saying 'let us separate.'
And he contradicts himself here, but then Jefferson was the undisputed master of self-contradiction, rivaled perhaps by Calhoun.
Federalist Paper 39: By James Madison wrote:On examining the first relation, it appears, on one hand, that the Constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for the special purpose; but, on the other, that this assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. The act, therefore, establishing the Constitution, will not be a NATIONAL, but a FEDERAL act.

... Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.
Federalist Paper 45 wrote: The State governments may be regarded as constituent and essential parts of the federal government; whilst the latter is nowise essential to the operation or organization of the former.

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
That's nice. Let me know when the Federalist Papers become law as opposed to propaganda pieces.
It's Rogue, not Rouge!

HAB | KotL | VRWC/ELC/CDA | TRotR | The Anti-Confederate | Sluggite | Gamer | Blogger | Staff Reporter | Student | Musician
User avatar
Boyish-Tigerlilly
Sith Devotee
Posts: 3225
Joined: 2004-05-22 04:47pm
Location: New Jersey (Why not Hawaii)
Contact:

Post by Boyish-Tigerlilly »

That's nice. Let me know when the Federalist Papers become law as opposed to propaganda pieces.
Not that I disagree with you, but weren't the federalist papers arguments explaining and supporting the Constitution? They seem to be treated as valuable in political science. That's what all the textbooks say, anyway.
Post Reply