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 Posted: Sat Jan 5th, 2008 12:27 am
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Texas Defender
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Johan-

  Do you really believe that the Lincoln Administration would have allowed actions filed by states wishing to secede from the Union to be heard without any retaliation? Do you really believe that Abraham Lincoln would have abided by a Supreme Court decision allowing the states to secede?

  The historical events of 1861 suggest otherwise. In the case of Maryland, elected officials of the city of Baltimore and of the state legislature were arrested to prevent any kind of convention from meeting to decide on the question of secession. (There was a good chance at the time that Maryland would not have voted to secede).

  Like President Jackson did a generation earlier, President Lincoln chose to completely ignore actions by the Supreme Court that impeded him. (Ex parte Merryman, for one). He said very clearly that he would not accept secession. The southerners took him at his word.

  It would seem likely to conclude that if, lets say, the last four states that seceded had instead peacefully petitioned the US Supreme Court for permission to do so, then the officials of those states would have been treated the same way that the ones in Maryland were.

  If poor old Roger Taney and his court had been allowed to hear the cases , and had decided that secession was legal, then that elderly gentleman would probably have spent the last three years of his long life in a military prison.

  It should be clear that the election of Abraham Lincoln in 1860 made war inevitable, regardless of what actions the southerners took regarding federal property. His re-election sealed the fate of the Confederacy.

Last edited on Sat Jan 5th, 2008 12:37 am by Texas Defender

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