Re: Was Secession Legal? Part 3
This is a very old and complicated question. I had a US Constitutional history class in which we spent a few weeks on this. It was the equivalent of water torture. However, this is a loaded question. First off, it is my belief that the Articles of Confederation was obsolete. One can hardly make a legal case using it. But, if you think about it, this country was founded by secession. Our revolutionary war was a civil war if you look at it right.
I can totally understand why the South felt they had the right to resign the Union. After all..the United States did it to England. But, does that make it legal? Not necessarily. But, keep in mind that this country was brand spanking new. Who really could have predicted this? Our country was at a crossroads. In order to be a major contender in the world it had to strengthen its federal government. As history shows us, this was not a trend accepted by all.
Was secession illegal? I cannot answer this question on its moral aspect. Federally, yes. It was illegal. Why? Because the United States government said so. It was deemed illegal, because that is how it was treated by Lincoln. I have to agree with his administration. A stand had to be made. One previous poster hit the nail on the head. What is to stop states, counties, cities, etc from seceding? Apparently, the federal government is. Secession was illegal, because it was declared so. That is really what it comes down to. It was illegal in the official sense. Sounds like a terrible cop- out of an answer, but it’s the simplest one.
Personally, I am not sure if secession was legal or not. However, it was and is dangerous and destructive. I don’t think the Union was fighting it so much on a legal basis as much as a philosophical/moral one. But, philosophical grounds do not hold up in congress. I think that the Confederacy’s claim to secession as being legal was stronger. After all, they had that great Virginian, George Washington to mold themselves after. In their eyes (and maybe even in mine) they were doing no different than he. I am a serious Unionist, but I sympathise and even support the Southern states for what they did. As I mentioned before, a claim can be made that they made a declaration of independance in the same manner the United States did in 1776. Was it legal? Well, was our Declaration of Independance illegal? YES. But, something great came from it. Would something great have come from the Confederate States of America had it won the war? No one will ever know. But, think of this. If secession was legal, what was to stop the individual states in the Confederacy from seceeding? It’s a pandora’s box.
Now, the question is if secession is/was illegal. How could West Virginia seceded from Virginia? Isn’t this just duplicating the “illegal” act made by the confederacy. Hmmm, I just seem to have complicated what was supposed to be a simle answer..lol. I don’t know if I answered anything, but that’s my spin. – Tony
“I have thought for a long time that Secession was for the most part a rich mans idea…”
Well, at least we know the politicians thought about the issues. But the point remains: if the central government has become injurious to the people of the several States, who is better to judge but those people? And we are not talking about “all of the people of the nation”, but of the people of a geographical area called a State. If governments govern by the consent of the governed, then it should hold that if that consent be withdrawn [secession] the State is free to leave the union. The elected representatives can work out the details later [payments of debt, etc.]. – Johnny Reb 1865
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