[Rushtalk] Happy Death-by-Government Day!
notmyname at thatswaytoomuch.info
Fri Jun 14 09:42:07 MDT 2013
At 02:55 AM 6/14/2013 -0700, Tom Matiska wrote:
>--- On Thu, 6/13/13, John A. Quayle <blueoval57 at verizon.net> wrote:
> Actually, Tom......it was about State's Rights, not slavery!
>The right of states to allow slavery, the right to expand slavery
>westward to new states, , and the right of states to secede over
>slavery pretty much covers all the state's rights discussions of the era.
And your point of view is that states don't have the right to
separate from the feds for any reason. But the right of succession
was a HUGE point when the constitution was drafted and it was
supposed to be conceded that states would have that right. It's why
we fought a war over it. While slavery was the issue, the southern
slaveholding states succeeded legally.
The Declaration of the Immediate Causes Which Induce and Justify the
Secession of South Carolina from the Federal Union was a proclamation
issued on December 24, 1860, by the government of South Carolina to
explain its reasons for seceding from the United States. It followed
the brief Ordinance of Secession that had been issued on December 20.
The declaration is a product of a convention organized by the state's
government in the month following the election of Abraham Lincoln as
U.S. President, where it was drafted in a committee headed by
"The seceding South Carolina delegation" (Harper's Weekly, December 22, 1860)
Further information: Origins of the American Civil War and History of
An official secession convention met in South Carolina following the
November 1860 election of Abraham Lincoln as President of the United
States. On December 20, 1860, the convention issued an ordinance
of secession announcing the state's withdrawal from the union. The
ordinance was brief, containing no explanation of the reasoning
behind the delegates' decision:
We, the People of the State of South Carolina, in Convention
assembled do declare and ordain, and it is hereby declared and
ordained, That the Ordinance adopted by us in Convention, on the
twenty-third day of May in the year of our Lord One Thousand Seven
hundred and eight eight, whereby the Constitution of the United State
of America was ratified, and also all Acts and parts of Acts of the
General Assembly of this State, ratifying amendment of the said
Constitution, are here by repealed; and that the union now subsisting
between South Carolina and other States, under the name of "The
United States of America," is hereby dissolved.
The convention had previously agreed to draft a separate statement
that would summarize their justification and gave that task to a
committee of seven members comprising Christopher G. Memminger
(considered the primary author), F. H. Wardlaw, R. W. Barnwell, J.
P. Richardson, B. H. Rutledge, J. E. Jenkins, and P. E. Duncan.
The document they produced, the Declaration of the Immediate Causes
Which Induce and Justify the Secession of South Carolina from the
Federal Union, was adopted by the convention on December 24.
The opening portion of the declaration outlines the historical
background of South Carolina and offers a legal justification for its
secession. It asserts that the right of states to secede is implicit
in the Constitution and this right was explicitly reaffirmed by South
Carolina in 1852. The declaration states that the agreement between
South Carolina and the United States is subject to the law of
compact, which creates obligations on both parties and which revokes
the agreement if either party fails to uphold its obligations.
The next section asserts that the government of the United States and
of states within that government had failed to uphold their
obligations to South Carolina. The specific issue stated was the
refusal of some states to enforce the Fugitive Slave Act and clauses
in the US Constitution protecting slavery and the federal
government's perceived role in attempting to abolish slavery.
The next section states that while these problems have existed for
twenty-five years, the situation had recently become unacceptable due
to the election of a President (this was Abraham Lincoln although he
is not mentioned by name) who was planning to outlaw slavery.
The final section concludes with a statement that South Carolina had
therefore seceded from the United States.
While later claims have been made that the decision to secede was
prompted by other issues such as tariffs, these issues were not
mentioned in the declaration. The primary focus of the declaration is
the perceived violation of the Constitution by northern states in not
extraditing escaped slaves (as the Constitution required in Article
IV Section 2) and actively working to abolish slavery (which they saw
as Constitutionally guaranteed and protected). The main thrust of the
argument was that since the Constitution, being a contract, had been
violated by some parties (the northern abolitionist states), the
other parties (the southern slave-holding states) were no longer bound by it.
The declaration does not make a simple declaration of states' rights.
It asserts that South Carolina was a sovereign state that had
delegated only particular powers to the federal government by means
of the US Constitution. It furthermore protests other states' failure
to uphold their obligations under the Constitution. The declaration
emphasizes that the Constitution explicitly requires states to
deliver "person(s) held in service or labor" back to their state of origin.
The declaration was the second of three documents to be officially
issued by the South Carolina Secession Convention. The first was the
Ordinance of Secession itself. The third was "The Address of the
people of South Carolina, assembled in Convention, to the people of
the Slaveholding States of the United States", written by Robert
Barnwell Rhett, which called on other slave holding states to secede
and join in forming a new nation. The convention resolved to print
15,000 copies of these three documents and distribute them to various
The declaration was seen as analogous to the Declaration of
Independence. Georgia, Mississippi, and Texas offered similar
declarations when they seceded following South Carolina's example.
The 1776 Declaration of Independence states:
...Governments are instituted among Men, deriving their just
powers from the consent of the governed; that whenever any Form of
Government becomes destructive of these ends, it is the Right of the
people to alter or abolish it, and to institute new Government...
(see the link above)
So Tom, as a lawyer, did the federal government violate the contract,
or not? Was there possibly a better way to modify the contract other
than fighting a war? Was the war fought because the north wanted the
cotton and other goods that the south created and the money that the
subject, er, citizens could have, in the future, sent to the feds?
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<http://thatswaytoomuch.info/>notmyname at thatswaytoomuch.info
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