At the time of posting, we have entered the third week of January, 2020 – and all that you read below is worth your serious understanding as we move closer each day to a REAL Civil War in America. As we post – (not -so) civil war is beginning in Virginia, and it is quickly spreading to other states within America’s borders… and why? Because of Trump? He is merely the excuse. Gird your loins and prepare for battle – it is “WE the PEOPLE” who must take this nation back, for if we do not – then all is lost – and it will all have been for nothing.
THIS time, it is not about North or South – it is about “WE the PEOPLE” as a whole – THIS time – we Ride Together! ~ Ed.
Secession Legal? Illegal? I say it was Legal for the South to Secede! What are your thoughts toward the legality of Secession? What is your proof that it was illegal? What are your thoughts and perceptions?
This post only deals with the Legality of Secession! I’m not asking for nor wanting to hear the reasons why the South Seceded, nor the Causes of Secession! I want to hear about the Legality of Secession before 1866 between the CSA and the USA only! Thanks
In their own Words Abraham Lincoln and Ulysses S. Grant explained that Secession is Legal!
Ulysses S. Grant
“Dare I say Yankees Hypocrisy! That’s how Tyrants are made! To the defiled nothing is pure! Not even the Constitution. A slap in the face of our Founding Fathers! “ ~ Ulysses S. Grant
“The right of revolution is an inherent one. When people are oppressed by their government, it is a natural right they enjoy to relieve themselves of oppression, if they are strong enough, whether by withdrawal from it, or by overthrowing it and substituting a government more acceptable.” ~ General Ulysses S. Grant, Personal Memoirs
“This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember it or overthrow it.” ~ Abe. Lincoln, 1st inaugural address.
Lincoln on Amending the Constitution
“I wish now to submit a few remarks on the general proposition of amending the Constitution. As a general rule, I think we would much better let it alone. No slight occasion should tempt us to touch it. Better not take the first step, which may lead to a habit of altering it. Better, rather, habituate ourselves to think of it as unalterable. It can scarcely be made better than it is. New provisions would introduce new difficulties, and thus create and increase appetite for further change. No, sir; let it stand as it is. New hands have never touched it. The men who made it have done their work, and have passed away. Who shall improve on what they did?” ~ Lincoln Speech in Congress, June 20, 1848
“Don’t interfere with anything in the Constitution. That must be maintained for it is the only safeguard of our liberties. And not to Democrats alone do I make this appeal, but to all who love these great and true principles.” ~ Lincoln Speech at Kalamazoo, August 27, 1856
Just 8 days before Sumter, William Seward stated:
“It would be contrary to the spirit of the American Government to use armed force to subjugate the South. If the people of the South want to stay out of the Union, if they desire independence, let them have it.” ~ William Seward Lincoln’s Secretary of State to a London Times correspondent, April 4th 1861.
Just 2 days before Sumter …“Only a despotic and imperial government can subjugate seceding States.” ~ Mr. Seward’s Official letter to wrote to C.F. Adams Minister to England, April 10th 1861.
Source: Abraham Lincoln, Volumes I and II: Illustrated
Secession was and is Legal!
I have the High ground on this backed by the Constitution of the United States before 1866. I have the 9th and 10th Amendment’s added to the Constitution 1791
I have the Declaration of Independence 1776.
From the time when the Colonies declared to King George III that each Colony is now a Free and Independent Sovereign State! Even the U in united States of America wasn’t Capitalized, meaning that the emphasis was in each Independent Sovereign State!
I have the Articles of Confederation.
I have the Treaty of Paris 1783, I even King George of England 1784 acknowledged that each of the Colonies had become Free and Independent Sovereign States,
Because the Preamble of the Constitution does nothing for your cause, because the most important part of that Catch Phrase is “We The People “
Article1 Section 10 doesn’t help you.
The Supreme Court’s Opinions don’t help you either, because the Judiciary only makes opinions, they don’t make Laws.
So all that being said, there is still nothing in the Constitution before 1868 that says a Sovereign Independent State cannot Secede!
The Bill of Rights were added to the Constitution in 1791 after the Constitution was ratified in 1787 to expressly say that it isn’t the Government that gives us these rights! It is our Inherent Rights of Nature and Almighty God! The Government’s job is to make sure our Rights are protected! The Bill of Rights of the Constitution let’s the Government know that We The People have Rights that they cannot Deny!
The 9th and 10th Amendments expressly prohibited the Government from infringing our Rights, and that the States being Independent and Sovereign delegates the power to the Government and unless expressly said the States are in empowered by their own people who delegated the Authority! The Bill of rights Supercede the Constitution!
In other words these are the basic Rights that the Government cannot infringe upon to Either Citizens or States because We The People Have our Rights and The States that represents We The People has States Rights as rendered in the 1st 10 Amendments to the Constitution!
The right of self-preservation (defense) is the first law of nature. The laws of nature are neither created by man nor are they at anytime alterable by him. The notion that as man enters society that he somehow surrenders these rights is contrary to the plain truths as outlined in the Declaration of Independence. No written law created by man is “supreme” over natural law. As Jefferson rightly notes, “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…“
No Law – even enacted by our duly elected Representatives – can violate the First Law of Association. Governments are instituted to secure Rights, not violate them. –We The People!!!
Ordinance of Secession, 1861
The above document is a one-page handwritten copy of the Ordinance of Secession passed on January 10, 1861, by the members of the Florida Convention of the People (commonly referred to as the Secession Convention). Pursuant to an act of the Florida legislature approved on November 30, 1860, Governor Madison S. Perry issued a proclamation calling an election on Saturday, December 22, 1860, for delegates to a convention to address the issue of whether Florida had a right to withdraw from the Union. The Secession Convention met in Tallahassee on January 3, 1861, and passed, on January 10, the Ordinance of Secession. The ordinance declared Florida to be “a sovereign and independent nation.” On April 13, the convention ratified the constitution adopted by the Confederate States of America. The convention adjourned on April 27, 1861.
According to James Madison, “The Rights of We The People and the States Rights delegated by We The People of that State run hand in hand.”
“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. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce. … The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives and liberties, and properties of the people, and the internal order, improvement and prosperity of the State.” ~ James Madison
“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.” ~ James Madison, Federalist Paper No. 39
… meaning that the agreement between the Independent Sovereign States and the federal government is a Compact and as easily as they got in with the federal government, each and every Independent Sovereign States could leave the union.
“I understand Free Government to be limited Government.” ~ Richard Henry Lee
“The united States of America derives it’s power from the Consent of the Governed. When it becomes destructive, it’s the Right of the People to alter, abolish, and to institute new Government!” ~ George Washington
“I love the union and the Constitution, but I would rather leave the union with the Constitution, than to remain in the union without it” – Jefferson Davis
“We are not a nation, but a union, a confederacy of equal and Sovereign States” ~ John C. Calhoun
Alexander Hamilton‘s Federalist Papers No. 28 himself said “The States are Independent Nations.”
Meaning that each Independent Sovereign States are already Independent Sovereign Nations.
“I know, he said, that this union can be broken up- every Government can be- and I admit that their maybe such a degree of oppression, as will warrant resistance and forcible severence- that is not Revolution. Of that ultimate Right of Revolution, I have not been speaking. I know that the Law of Necessity does exist.” ~ Daniel Webster, March 7, 1850
Even Wikipedia says “A State shares it’s Sovereignty with the Federal Government” it further says that “Americans are Citizens of both the State in which they reside and the Federal Republic, due to the Sovereignty between each State and the Federal Government.”
It’s my contention that the Sovereign States of the South didn’t want to overthrow the government, they didn’t want a Revolution, they wanted peaceful separation from the union and to Secede Peacefully! So Secession was their Rightful course of action!
Question: if each State is Sovereign and seemingly equal power to the Government. The State is Sovereign and Independent enough to share it’s Power with the Government, then that means that a State is Sovereign and Independent enough to NOT share it’s Power with the Government?
What are your thoughts on the legality of Secession?
So in other words I have to prove nothing. If you don’t agree? Then it’s your job to disprove it!
August 13, 2019