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Libertarianism and the Civil War
Volokh Conspiracy ^ | 6 March 2012 | Ilya Somin

Posted on 03/06/2012 8:27:38 AM PST by donmeaker

There are, generally speaking, three types of libertarian perspectives on the Civil War. Many libertarians actually support the war, some condemn it without defending the Confederacy, and some are actually pro-Confederate.


TOPICS: Hobbies
KEYWORDS: civilwar; libertarianism
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To: GilesB

“SO - the question I have is regarding Lincoln - was he wrong to disallow secession? “

Was it Lincoln who “disallowed” secession, or was it the Northern States and people, with Lincoln acting as their agent?

“Or was he right to use the power at his disposal to end slavery?”

As I recall, he ended slavery only in the States which were in opposition to the Union and did so as a wartime tactic or strategy. He was tactically or strategically right only in so far as the effort was successful.

“What should Lincoln have done, given the choices with which he was faced?”

Perhaps, comply with the will of the Northern States and people or resign or be replaced.


41 posted on 03/06/2012 11:13:26 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: central_va
Lincoln was a racist and cared little about freeing slaves until he ran out of Irish conscripts to throw at Lee and the ANV.

The slavemasters instituted conscription in the rebel areas on April 16, 1862. The United States was forced to match them on July 17, 1862. The slavemasters must have found it hard to find men willing to die in their war to protect and perpetuate slavery and decided to start making slaves of whites, including the Irish, as well.
42 posted on 03/06/2012 11:24:20 AM PST by Cheburashka (If life hands you lemons, government regulations will prevent you from making lemonade.)
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To: Dead Corpse
As for slavery, it was already on it's way out at the time of the civil war. Advancements in machinery were already making slave holding too expensive a proposition.

Total nonsense. In 1860, slavery had never been more profitable and would have continued to remain profitable for many more generations had it continued. Cotton was still picked by hand all the way into the 1950s. And even today, we still have migrant 'stoop labor' working on farms.

43 posted on 03/06/2012 11:37:52 AM PST by Ditto (Nov 2, 2010 -- Partial cleaning accomplished. More trash to remove in 2012)
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To: Melas

True.
Because, if slavery was NOT expanded, the abolitionists would have control of Congress. When that state finally occurred, the representatives of these “Free” states imposed high tariffs and excises on overseas trade - which mostly impacted the South and favored Northern industries.

When faced with the reverse - a independent South with a 10% tariff, the North saw grass growing the deserted streets of New York and Boston - and no alternative but war.


44 posted on 03/06/2012 11:40:28 AM PST by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: central_va
Lincoln was a racist and cared little about freeing slaves...

So he was a Confederate at heart?

45 posted on 03/06/2012 11:43:08 AM PST by GunRunner (***Not associated with any criminal actions by the ATF***)
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To: Hemingway's Ghost
There was simply no way Lincoln and the North could allow the South to secede.

If the South was allowed to secede, the Federal Government's revenue (no income tax at that time!) would have dropped by more than half. With a 10% tariff and control of the mouth of the Mississippi River, Northern ports would have been empty and the South would have controlled most of the trade west of the Mississippi.

Secession was simply not an option. It would have beggared the Federal government and the rest of the North.

46 posted on 03/06/2012 11:45:49 AM PST by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: Happy Rain
It was “my country right or wrong” in the South and defending their homes from the evil invading hordes of blue barbarians was their patriotic duty.

So you are saying that the million or so 'Boy's in Blue' who volunteered to risk their lives defending the Union were just an invading horde, and not patriotic young men doing what they thought was right?

47 posted on 03/06/2012 11:51:06 AM PST by Ditto (Nov 2, 2010 -- Partial cleaning accomplished. More trash to remove in 2012)
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To: GunRunner
>>>Lincoln was a racist and cared little about freeing slaves...

So he was a Confederate at heart?

Clearly, US history is not your strong suit.

48 posted on 03/06/2012 11:53:27 AM PST by central_va ( I won't be reconstructed and I do not give a damn.)
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To: Ditto
So you are saying that the million or so 'Boy's in Blue' who volunteered to risk their lives defending the Union were just an invading horde, and not patriotic young men doing what they thought was right?

Yes.

So you admit then, that the war was not about slavery?

49 posted on 03/06/2012 11:56:46 AM PST by central_va ( I won't be reconstructed and I do not give a damn.)
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To: Hemingway's Ghost
I call myself a libertarian, and I fully subscribe to the notion that states had (and have) a "right" to secede from the Union.

Unilaterally? They can just take their ball and go home and to hell with the other partners to the national contract we call the Constitution?

Do states have responsibilities to other states?

50 posted on 03/06/2012 11:56:46 AM PST by Ditto (Nov 2, 2010 -- Partial cleaning accomplished. More trash to remove in 2012)
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To: central_va
Ha!

Looks like you need a refresher, Professor.

Article I Section 9 - Confederate Constitution

No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.

51 posted on 03/06/2012 11:56:57 AM PST by GunRunner (***Not associated with any criminal actions by the ATF***)
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To: Ditto
I had a great great grandfather on my mother's side and a great grandfather on my father's who fought the Yankee menace--one served under Wade Hampton and the other under Bedford Forrest.

So of course God was on OUR side;)

52 posted on 03/06/2012 12:13:55 PM PST by Happy Rain ("Better add another wing to The White House cause the Santorum clan is coming.")
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To: GunRunner
Lincoln did make some statements that were clearly racist in his campaign for the U.S. Senate seat from Illinois. By the standards of our time, most whites would be considered racist. Even in the mid-20th Century, Presidents like Truman and Johnson used the n-word in private conversations. Lincoln might have accepted the continuation of slavery if the South would agree to return to the Union. The early Republican Party was mainly interested in confining slavery to the 15 states where the institution existed and preventing its spread in the Plains States and the West.

Had the South won militarily, or been allowed to secede, it was possible the non-Southern states would have gone their own way, for instance, the Old Northwest (Ohio, Indiana, and Illinois), still mainly agricultural, had longer established trade ties with New Orleans than with the Northeastern ports. To compete with the Southern ports, downstate New York (including New York City) and New Jersey, where Union support was lukewarm during the war, might have set up as a free state to avoid Federal tariffs. The manufacturing-based New England states might have gone their own way, maybe even joining the Dominion of Canada. No doubt the Mormon enclave in Utah would have declared independence, as well as California and its neighbors. Britain might have reasserted its claim to Washington and Oregon from its military forces based in British Columbia.

The dissolution of the United States into multiple entities in competition with each other would have brought British and French, and later German, intervention into the Americas, as the Monroe Doctrine would have become moot.

53 posted on 03/06/2012 12:26:46 PM PST by Wallace T.
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To: Wallace T.
Obviously Lincoln would be seen as racist by today's standards, just as Churchill would be seen as an anti-Semite by today's standards.

The end result however, is that Lincoln's actions led to the liberation of blacks, and Churchill's actions led to the end of genocide against Jews.

Slavery was enshrined as an untouchable principle in the Confederate Constitution. No idiot neo-Confederate can change those facts.

54 posted on 03/06/2012 12:35:48 PM PST by GunRunner (***Not associated with any criminal actions by the ATF***)
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To: Ditto
Unilaterally? They can just take their ball and go home and to hell with the other partners to the national contract we call the Constitution?

If they can make a case for it, and if they can enforce it with blood and/or treasure, then yes.

This either means something, or it doesn't:

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

If it doesn't, we're effed under the current regime.

55 posted on 03/06/2012 12:40:22 PM PST by Hemingway's Ghost (Spirit of '75)
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To: GunRunner
The end result however, is that Lincoln's actions led to the liberation of blacks

The end result was the enslavement of all Americans.

Slavery was enshrined as an untouchable principle in the Confederate Constitution. No idiot neo-Confederate can change those facts.

"No Amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any state, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State." --Joint Resolution of Congress, Adopted March 2, 1861

"holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable." Abe Lincoln

56 posted on 03/06/2012 1:17:05 PM PST by Idabilly (Tailpipes poppin, radios rockin, Country Boy Can Survive.)
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To: central_va
So you admit then, that the war was not about slavery?

Only for the Confederates. Most Union men fought to preserve the Union. The Confederate leadership was only interested in preserving and expanding chattel slavery. Those are the people you constantly defend.

57 posted on 03/06/2012 1:18:51 PM PST by Ditto (Nov 2, 2010 -- Partial cleaning accomplished. More trash to remove in 2012)
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To: cuban leaf

“I think the seeds of the destruction of this nation were sown before the nation became a nation. It is in our acceptance of slavery and even protecting it with the creation of the nation.
We will never recover. Slavery was fatal to us. It has just taken a long time for the infection to kill us, even though the original projectile was removed by the Civil War.”

Some harvests of wrath take centuries to grow.

You’re right, of course. The finest observation I ever read on the peculiar institution:
“We should have picked our own cotton.”

Somebody else wrote that, but I wrote this:
“We should have mowed our own lawns....”


58 posted on 03/06/2012 1:24:38 PM PST by Road Glide
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To: Little Ray
Because, if slavery was NOT expanded, the abolitionists would have control of Congress.

They had a far more compelling problem than that. If slavery were not expanded to new markets, two things would have happened because of the rapidly growing slave population. First, the price of slaves would have collapsed wiping out the biggest source of capital in the South. Second, they would eventually be hopelessly out numbered by slaves with the very real possibility of Southern States ending up like Haiti.

The entire John Brown scenario was the worst fear for the old slave masters.

59 posted on 03/06/2012 1:28:39 PM PST by Ditto (Nov 2, 2010 -- Partial cleaning accomplished. More trash to remove in 2012)
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To: Hemingway's Ghost
If they can make a case for it, and if they can enforce it with blood and/or treasure, then yes.

Then you are talking about The Right to Revolution, not unilateral secession for what ever reason you choose.

I believe that under the Constitution, states could legally secede if that secession is agreed to by the other parties to the national contract. A simple reversal of the Statehood provisions written into the Constitution.

In my readings, if the South had taken that route in 1860, and petitioned congress to that effect, they probably would have been successful. They chose instead a route that guaranteed war. They were very foolish and arrogant men.

60 posted on 03/06/2012 1:39:16 PM PST by Ditto (Nov 2, 2010 -- Partial cleaning accomplished. More trash to remove in 2012)
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