View single post by David White
 Posted: Fri Apr 21st, 2006 05:23 pm
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David White

Joined: Tue Sep 6th, 2005
Location: Texas USA
Posts: 909

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It is my opinion that the legalities or illegalities of seccession are something not defined in the constitution and as a result had to be decided and have been by force of arms in an extralegal manner.  However, it is my opinion that the Founding Fathers did not even contemplate the possibility and that is why it was not properly addressed by them.  But using the natural logic of their legacy one may see their intent.  Under the Articles of Confederation, a looser confederacy of the states, it took the unanimous consent of all the states for one state to leave the Union.  Does it make since that the document that was intended to form a more "Perfect Union" would have even looser requirements than a Confederacy?  I don't think so, if it were, I believe they would have spelled out the proper legal process in more detail like they did with the AoC.  I hardly think the intent was for the collective government to have less to say in events of such importance to the fate of the nation, than just one state.

I always thought Lee had it right on 23 January 1861 when he wrote to his wife saying:

Secession is nothing but revolution. The framers of our constitution never exhausted so much labor, wisdom, and forbearance in its formation, and surrounded it with so many guards and securities, if it was intended to be broken by every member of the Confederacy at will. It was intended for perpetual union  so expressed in the preamble, and for the establishment of a government, not a compact, which can only be dissolved by revolution, or the consent of all the people in convention assembled. It is idle to talk of secession. Anarchy would have been established, and not a government, by Washington, Hamilton, Jefferson, Madison, and the other patriots of the Revolution.

Too bad he didn't have the power of his convictions and caved to insanity.  That is one reason I won't put him up on a pedestal.

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