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To: Non-Sequitur
Article I, Section 8 of the Constitution provides clear instructions about how and under what circumstances the United States government may acquire title to property located within a state:

You posted it yourself - the federal government did not have the power of eminent domain, and had to rely on the states to acquire the properties necessary. And under eminent domain, a state or other government entity can acquire any property it so desires - regardless of whether it has been ceded forever, or inherited with stipulations regarding divesture.

Let me guess, you had neither the time or the intent to post this in context, either?

I had posted the full text just weeks ago, no attempts were made at disinformation.

That was the killer right there because Lincoln was not about to recognize the southern rebellion as legitimate. Given that the rest was pointless, even assuming it was sincere. After all, the time to negotiate payment is before you sieze the property.

Lincoln attempted resupply of the forts with men & munitions despite his promises to the contrary. President Davis stated in his 29 Apr 1861 message to Congress that it was with "the firm resolve to avoid war if possible, they went so far even as to hold during that long period unofficial intercourse through an intermediary [Hon. John A. Campbell, a judge of the Supreme Court of the United States*], whose high position and character inspired the hope of success, and through whom constant assurances were received from the Government of the United States of peaceful intentions; of the determination to evacuate Fort Sumter; and further, that no measure changing the existing status prejudicially to the Confederate States, especially at Fort Pickens, was in contemplation, but that in the event of any change of intention on the subject, notice would be given to the commissioners." (* - see Davis' message to Congress 8 May 1961, Journal of the Congress of the Confederate States of America, 1861-1865, vol. I, p. 197).

The simple meeting with the three delegates would hardly constitute official recognition, as Lincoln could not effect a treaty by himself, that required consent of Congress. Justice Campbell was so incensed that he had been a lied to by Lincoln and Seward that he resigned his seat on the bench in protest 30 Apr 1861.

The French and Spanish recognized the United States as a soverign nation. Prior to that the United States existed only in the minds of the people who believed in it.

I think the millions of Americans were right, regardless of waht any others thought.

308 posted on 10/01/2002 3:07:14 PM PDT by 4CJ
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To: 4ConservativeJustices
And under eminent domain, a state or other government entity can acquire any property it so desires - regardless of whether it has been ceded forever, or inherited with stipulations regarding divesture.

Eminent domain allows the state to take over private property for public use. A city cannot condemn state land for its own purposes and a state cannot condemn federal land for its own purposes, unless the state or federal government consent first. Sumte was federal property and remains federal property.

Lincoln attempted resupply of the forts with men & munitions despite his promises to the contrary.

Your assertion that Lincoln planned to reinforce regardless is your own opinion. And Davis's claims are not based on fact. While speculation on whether or not the North planned on abandoning Sumter went on, and there was confusion when certain cabinet members indicated that Sumter would be evacuated without the authority to say so, Lincoln was firm in his intention to hold on to the fort.

I think the millions of Americans were right, regardless of waht any others thought.

Millions of people think Al Gore won, too.

309 posted on 10/01/2002 3:23:05 PM PDT by Non-Sequitur
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