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To: Pelham
I have read it awhile back. My recollection is that it reiterates a lot of points I have put forth before.

Yes, this claim that secession is illegal, is a made up phony piece of work imposed by Lincoln, but unsupportable by actual law or history.

http://www.wyomingtalesandtrails.com/Shall_Cromwell_Have_a_Statue.pdf

22 posted on 06/26/2020 10:52:40 AM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp

Lincoln made absolutely nothing up. He was following supreme court decisions on the nature of the constitution. And He simply followed the precedent set by previous Presidents when faced with insurrection/rebellion/secession. In fact South Carolina was warned 30 years earlier by President Andrew Jackson that secession was treason. They should have been under no delusion that secession was constitutional or legal.

“This right to secede is deduced from the nature of the Constitution, which, they say, is a compact between sovereign States who have preserved their whole sovereignty and therefore are subject to no superior; that because they made the compact they can break it when in their opinion it has been departed from by the other States. Fallacious as this course of reasoning is, it enlists State pride and finds advocates in the honest prejudices of those who have not studied the nature of our Government sufficiently to see the radical error on which it rests.

The people of the United States formed the Constitution, acting through the State legislatures in making the compact, to meet and discuss its provisions, and acting in separate conventions when they ratified those provisions; but the terms used in its construction show it to be a Government in which the people of all the States, collectively, are represented. We are one people in the choice of President and Vice-President. Here the States have no other agency than to direct the mode in which the votes shall be given. The candidates having the majority of all the votes are chosen. The electors of a majority of States may have given their votes for one candidate, and yet another may be chosen. The people, then, and not the States, are represented in the executive branch.

The Constitution of the United States, then, forms a government, not a league; and whether it be formed by compact between the States or in any other manner, its character is the same. It is a Government in which all the people are represented, which operates directly on the people individually, not upon the States; they retained all the power they did not grant. But each State, having expressly parted with so many powers as to constitute, jointly with the other States, a single nation, can not, from that period, possess any right to secede, because such secession does not break a league, but destroys the unity of a nation; and any injury to that unity is not only a breach which would result from the contravention of a compact, but it is an offense against the whole Union. To say that any State may at pleasure secede from the Union is to say that the United States are not a nation, because it would be a solecism to contend that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offense. Secession, like any other revolutionary act, may be morally justified by the extremity of oppression; but to call it a constitutional right is confounding the meaning of terms, and can only be done through gross error or to deceive those who are willing to assert a right, but would pause before they made a revolution or incur the penalties consequent on a failure.

The laws of the United States must be executed. I have no discretionary power on the subject; my duty is emphatically pronounced in the Constitution. Those who told you that you might peaceably prevent their execution deceived you; they could not have been deceived themselves. They know that a forcible opposition could alone prevent the execution of the laws, and they know that such opposition must be repelled. Their object is disunion. But be not deceived by names. Disunion by armed force is treason.”

President Andrew Jackson Nullification Proclamation to the people of South Carolina 1832


25 posted on 06/26/2020 12:59:13 PM PDT by OIFVeteran ( "Liberty and Union, now and forever, one and inseparable!" Daniel Webster)
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To: DiogenesLamp

It’s a great essay, just too little known.


36 posted on 06/26/2020 7:27:21 PM PDT by Pelham ( Mary McCord, Sally Yates and Michael Atkinson all belong in prison.)
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