| | | | Secession: Treasonous Act or Constitutional choice?By Bill Ward Columnist Posted: 11:00 PM EST Monday April 24, 2006 When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation….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 to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Excerpt from America’s first secessionist document, The Declaration of Independence
The most controversial discussion about the War Between the States usually focuses on secession. Did a Constitutional basis exist for the separation of the northern and southern states into two countries? Did men such as Robert E. Lee and Jefferson Davis, by shifting their allegiance to the Confederacy, commit acts of treason?
It’s hard for many of us today to understand the United States of America being anything but one nation, indivisible. But one of Abraham Lincoln’s key military advisors, Gen. Henry Halleck — known by the nickname “Old Brains” for his intellectual prowess — once suggested that the U.S. be divided into four equal parts, each with separate governments. His reasoning was that one government for all the territory now known as the 48 contiguous states would be too large and unwieldy.
The framers of the Constitution and the founders of the fledgling United States went to great effort to assure the states they would not be subjected to the same tyrannical central government they experienced under the British rule of King George III.
One of those efforts was the Federalist Papers, a series of 85 newspaper essays written in 1787 and 1788 by Alexander Hamilton, James Madison, and John Jay. The Federalists were primarily intended to convince New York State to ratify the new Constitution. They provided a detailed explanation of the original Constitution’s intent and principles of American government. The papers further attempted to assure the states that they would, indeed, retain their individual identities and control over their internal functions.
For secession to be illegal, the Constitution had to contain a prohibition against it, but no evidence exists of such a prohibition. On the other hand, no specific constitutional affirmation of the right of secession was necessary for it to be legal. The closest declaration to the right of secession was implicitly stated in the Constitution by the 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The words, “or to the people,” emphasize an ideal that was very much alive in those days, that we the people are the government.
Secession was not only considered a legal, constitutionally sanctioned act, the principles of secession were taught at the anti-bellum U.S. Military Academy at West Point. The textbook, “View of the Constitution of the United States of America,” was written in 1825 by William Rawle, a Philadelphia attorney. Although Rawle opposed secession, his book is thought to have influenced the leaders and supporters of the Confederacy. Robert E. Lee and Jefferson Davis, as well as most of the higher ranking officers in the Union and Confederate Armies were West Point graduates.
Historian Kenneth M. Stampp in his book, “The Imperiled Union,” shows that it is impossible to say that secession was illegal because of the ambiguity of the original Constitution as to state sovereignty and the right of secession. He points out that “the case for state sovereignty and the constitutional right of secession had flourished for forty years before a comparable case for a perpetual Union had been devised,” and even then its logic was “far from perfect because the Constitution and the debates over ratification were fraught with ambiguity.”
That ambiguity was something that caused considerable hesitation by many states in ratifying the Constitution. They wanted to leave no doubt as to the sovereignty and ability of self-government remaining with the states.
As Alexander Hamilton wrote in Federalist No. 33 on January 3, 1788, “If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
The original intent of an unquestioned right of secession was established by the Founders, took root, and “flourished for forty years,” then later a “perpetual Union” counter-argument developed. That argument was spawned from political necessity when Northern states began realizing their wealth and power was dependent on the continuation of the Union and its exploitation of the South.
One of the best examples of this flip-flopping for political advantage is found in a speech made by Abraham Lincoln to congress on January 12, 1848. The speech, concerning the U.S. Mexican War and Texas splitting off from Mexico, contained the following quote from Lincoln:
“Any people anywhere, being inclined and having the power have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable a most sacred right — a right which we hope and believe is to liberate the world. Nor is this right confined to cases in which the whole people of an existing government may choose to exercise it. Any portion of such people that can, may revolutionize and make their own of so much of the territory as they inhabit. More than this, a majority of any such portion may revolutionize, putting down a minority, intermingled with or near about them, who may oppose this movement. Such minority was precisely the case of the Tories of our own revolution. It is a quality of revolution not to go by old lines or old laws; but to break up both and make new ones.” Lincoln practically echoed the Declaration of Independence.
In his famous biography, “Lincoln the Man,” published in 1931, Edgar Lee Masters commented on Lincoln’s speech: “In other words, the secession of Texas from Mexico was accomplished by the assertion of a ‘most valuable, a most sacred right’; protest as Mexico might against the step; and though at the time of the secession Texas had less than 200,000 people, both whites and Negroes, they or any portion of them had the right to revolutionize and to get free of Mexico. The question then arises what happened between 1848 and 1860 to make it wrong for 11,000,000 people, with an organized national government in every particular, to go their own way as the Confederate States of America, and under a constitution more liberal than that of the United States in that it forbade the protective tariff, the evils of which had by 1860 so distressed the people of the United States….?”
Masters no doubt drew portions of his comment from similar statements written in 1860 and ‘61 by observers and writers, such as Horace Greeley, editor of the New York Tribune and long-time supporter of Lincoln. A number of Northern newspapers had made similar observations along the line of, Why shouldn’t the Southern states be allowed to separate and go in peace without a war? Common thinking was that a government held together at the point of a bayonet would be neither a government of the people nor one of integrity.
As to imprudent comments concerning Robert E. Lee having been a traitor, Lee had sworn an oath to the United States as a commissioned army officer. He was offered the job as head of the entire U.S. Army under Lincoln as President. With the prospect of war looming, he refused the offer rather than, as he said, raise a sword against his home state of Virginia. After resigning his commission in the U.S. Army, Lee was no longer bound by an oath of allegiance to the U.S. His home state of Virginia also had been explicit in its ratification of the U.S. Constitution as to its views of state sovereignty, as opposed to any increased or assumed powers of a central government.
Virginia had ratified the Constitution in two steps on June 26, 1788, beginning with a declaration of ratification. The second was that a bill of rights be added to the Constitution, and that a list of amendments also be added in accordance with Article 5. The excerpt from Virginia’s declaration of ratification leaves no doubt as to the views of that and other states with regards to the binding authority of the U.S. Constitution. The following text is taken from the Library of Congress's Continental Congress Broadside Collection:
“WE the Delegates of the people of Virginia, duly elected in pursuance of a recommendation from the General Assembly, and now met in Convention, having fully and freely investigated and discussed the proceedings of the Federal Convention, and being prepared as well as the most mature deliberation hath enabled us, to decide thereon, DO in the name and in behalf of the people of Virginia, declare and make known that the powers granted under the Constitution, being derived from the people of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them and at their will: that therefore no right of any denomination, can be cancelled, abridged, restrained or modified, by the Congress, by the Senate or House of Representatives acting in any capacity, by the President or any department or officer of the United States, except in those instances in which power is given by the Constitution for those purposes: and that among other essential rights, the liberty of conscience and of the press cannot be cancelled, abridged, restrained or modified by any authority of the United States.”
Of special note is “the liberty of conscience and of the press cannot be cancelled, abridged, restrained or modified by any authority of the United States.” As the War Between the States seemed to be pending, President Abraham Lincoln, without the consent of Congress, suspended the writ of habeas corpus and placed the Northern states under virtual martial law. Lincoln ordered Gen. Winfield Scott to send Union Army troops to Baltimore, where they arrested Mayor William Brown, the Baltimore police chief, and nine members of the Maryland legislature to prevent them from making a lawful vote on secession.
Through his actions as the executive, Lincoln delivered a chilling blow to the Constitution. The First Amendment and much of the Bill of Rights was ignored, as if being non-existent. The Lincoln Administration, using the enforcement power of the Union Army, closed newspapers and arrested thousands of editors and reporters who dared speak out against Lincoln’s war policies, imprisoning them without charges for indefinite periods.
As to the liberty of conscience and of the press, it was cancelled, abridged, restrained and modified by no less authority than the President of the United States. We will discuss the fate of Jefferson Davis in a later column.
Bill Ward is a historian, writer, and member of the Sons of Confederate Veterans living in Salisbury. Contact him at wardwriters@bellsouth.net |
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Lincoln’s Spectacular Lie by Karen De Coster The notion that Lincoln’s Union preceded the states is a tall tale. Author Tom DiLorenzo, in his celebrated new book, The Real Lincoln, calls it Lincoln’s spectacular lie, as so named by Emory University philosopher, Donald Livingston.
The War Between the States was fought, in Lincoln’s mind, to preserve the sanctity of centralization powered by a strong and unchecked federal government. Only through such an established order could Lincoln do his Whig friends the honor of advancing The American System, a mercantilist arrangement that spawned corporate welfare, a monetary monopoly for the Feds, and a protectionist tariff approach that stymied free traders everywhere. This power role for the Feds, as envisioned by Lincoln, had no room for the philosophy of the earlier Jeffersonians, who in 1798, were declaring that states’ rights were supreme. Both Madison and Jefferson, in the Kentucky and Virginia Resolutions, legitimized the concept of state sovereignty via the policy of nullification, an inherent right for states to declare federal acts invalid if unconstitutional. And before that, let it be duly noted that the right to secede is, as DiLorenzo says, “not expressly prohibited by the Constitution.” Lincoln, however, believed that secession was basically an act of treason. To him, the glory of the Union was based upon a holier-than-thou view of the core elites who would run the Washington Machine, doling out the federal largesse to its friends and political supporters, those mostly being Northern manufacturers and merchants. Therefore, the Southern secessionist movement and its claim of self-rule violated the Lincolnian principle of nationalization and coercive law in his move toward complete centralization. So what was Lincoln to do? Lincoln had to stamp out Southern Independence, and would start with a demonization of secession as “an ingenious sophism.” DiLorenzo focuses on the two political arguments Lincoln used against secession, one being that secession inevitably meant anarchy, which therefore violated the principle of majority rule. As DiLorenzo points out, the founders of our system of government “clearly understood that political decisions under majority rule are always more to the liking of the voters in a smaller political unit.” The other Lincoln argument against peaceful secession is that allowing the Southern states to secede would lead to more secession, which in turn leads to anarchy. Clearly, that is a crass argument that would not stand the test of time. “The advocates of secession”, says DiLorenzo, “always understood that it stood as a powerful check on the expansive proclivities of government and that even the threat of secession or nullification could modify the federal government’s inclination to overstep its constitutional bounds.” DiLorenzo takes the reader on a summarized journey of secessionist history, from the earliest parting by colonialists from the wrath of King George, to the New England secessionists, who pre-dated the Southern movement by over a half-century. Oddly enough, it was the New England Federalists that had first threatened to dissolve the Union because of an intense hatred of Southern aristocracy. Beginning with the election of Jefferson to the Presidency, an intense battle over individual morality, immigration, trade restrictions, and regional principles sparked a division between the Puritan Northeast and a more freewheeling and influential South. In order to eliminate all political ties, the Northeasterners tried in vain to break the bonds of Union, and the movement lasted until the failed Secessionist Convention in 1814, as the War of 1812 came to a close. As the author points out, during the entire New England ordeal, there is virtually no literature to be found that supports the view that the inherent right to secession was non-existent. It was, in fact, really never questioned. Eventually, Lincoln needed a trump card and turned to using the institution of slavery as the emotional taffy-pull to rouse the citizenry for a long and bloody war. Though, indeed, the earliest words of Lincoln defy this purpose as he consistently reveled in the triumph of the all-powerful centralized state that would one day achieve “national greatness.” Even DiLorenzo doesn’t attempt to define what this means, but only describes those words as having some sort of “alleged mystical value.” The Lincoln war machine was thus set in motion, with the ends of an Empire run by chosen elites justifying the means of tyranny. The states, in a Lincolnian democracy, would be forever underneath the footprint of Union hegemony. April 29, 2002 Karen De Coster, CPA, [send her mail] is a paleolibertarian freelance writer, graduate student in Austrian Economics, and a business professional from Michigan. She is writing her first book, which is a treatise against all things statist. See her Mises Institute archive for more online articles.
Copyright © 2002 Karen De Coster Karen De Coster Archives
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The Mythical Lincolnby Thomas J. DiLorenzo
   
    Every February 12 Americans think they are celebrating Lincoln’s birthday. But what they are really celebrating is the birth of the Leviathan state that Lincoln, more than anyone else, is responsible for bringing about. No wonder federal politicos have made his birth date a national holiday, engraved his face is on Mount Rushmore, built a Venus-like statue of him in Washington, D.C., and put his mugshot on the five dollar bill. More than 130 years of government propaganda has hidden this fact from the American people by creating a Mythical Lincoln that never existed. Take, for instance, the fact that everyone supposedly knows – that Lincoln was an abolitionist. This would be a surprise to the preeminent Lincoln scholar, Pulitzer prize-winning Lincoln biographer David Donald, who in his 1961 book, Lincoln Reconsidered, wrote that "Lincoln was not an abolitionist." And he wasn’t. He was glad to accept on behalf of the Republican Party any votes from abolitionists, but real abolitionists despised him. William Lloyd Garrison, the most prominent of all abolitionists, concluded that Lincoln "had not a drop of anti-slavery blood in his veins." Garrison knew Lincoln well. He knew that Lincoln stated over and over again for his entire adult life that he did not believe in social or political equality of the races, he opposed inter-racial marriage, supported the Illinois constitution’s prohibition of immigration of blacks into the state, once defended in court a slaveowner seeking to retrieve his runaway slaves but never defended a runaway, and that he was a lifelong advocate of colonization – of sending every last black person in the U.S. to Africa, Haiti, or central America – anywhere but in the U.S. Garrison and other abolitionists were also keenly aware that the January 1863 Emancipation Proclamation freed no one since it specifically exempted all the areas that at the time were occupied by federal armies. That is, all areas where slaves could actually have been freed. Historians have portrayed the Mythical Lincoln as a man who brooded for decades over how he could someday free the slaves. Nothing could be more absurd. According to Roy Basler, the editor of Lincoln’s Collected Works, Lincoln never even mentioned slavery in a speech until 1854, and even then, says Basler, he was not sincere. When Lincoln first entered state politics in 1832 he announced that he was doing so for three reasons: To help enact the Whig Party agenda of protectionist tariffs, corporate welfare subsidies for railroad and canal-building corporations ("internal improvements"), and a government monopolization of the nation’s money supply. "My politics are short and sweet, like the old woman’s dance," he declared: "I am in favor of a national bank . . . the internal improvements system, and a high protective tariff." He was a devoted mercantilist, and remained so for his entire political life. He was single-mindedly devoted to Henry Clay and his political agenda (mentioned above), which Clay called "The American System." Lincoln once announced that his career ambition was not to free the slaves but to become "the DeWitt Clinton of Illinois." DeWitt Clinton was the governor of New York in the early nineteenth century who is credited with having introduced the spoils system to America and supervising the building of the Erie Canal (which became defunct in a mere ten years because of the invention of the railroad). Moreover, Lincoln destroyed the most important principle of the Declaration – the principle that governments derive their just powers from the consent of the governed. Southerners no longer consented to being governed by Washington, D.C. in 1860, and Lincoln put an end to that idea by having his armies slaughter 300,000 of them, including one out of every four white males between 20 and 40. Standardizing for today’s population, that would be the equivalent of around 3 million American deaths, or roughly 60 times the number of Americans who died in Vietnam. As H.L. Mencken said of the Gettysburg Address, in which Lincoln absurdly claimed that Northern soldiers were fighting for the cause of self determination ("that government of the people . . . should not perish . . .": "It is difficult to imagine anything more untrue. The Union soldiers in the battle actually fought against self determination; it was the Confederates who fought for the right of their people to govern themselves. The Confederates went into the battle free; they came out with their freedom subject to the supervision of the rest of the country." Another Lincoln myth was that he "saved the Constitution." But this claim is an outrage considering that Lincoln acted like a dictator for the duration of his administration and showed nothing but bitter contempt for the Constitution. Even Lincoln’s idolaters, like historian Clinton Rossiter, author of the book, Constitutional Dictatorship, referred to him as a "great dictator" who had an "amazing disregard for the Constitution . . . that was considered by nobody as legal." The Dictator Lincoln invaded the South without the consent of Congress, as called for in the Constitution; declared martial law; blockaded Southern ports without a declaration of war, as required by the Constitution; illegally suspended the writ of habeas corpus; imprisoned without trial thousands of Northern anti-war protesters, including hundreds of newspaper editors and owners; censored all newspaper and telegraph communication; nationalized the railroads; created three new states without the consent of the citizens of those states in order to artificially inflate the Republican Party’s electoral vote; ordered Federal troops to interfere with Northern elections to assure Republican Party victories; deported Ohio Congressman Clement L. Vallandigham for opposing his domestic policies (especially protectionist tariffs and income taxation) on the floor of the House of Representatives; confiscated private property, including firearms, in violation of the Second Amendment; and effectively gutted the Tenth and Ninth Amendments as well. As Dean Sprague correctly pointed out in Freedom Under Lincoln, all of these dictatorial acts were bad enough, but their real, long-term effect was to "lay the groundwork" for such unprecedented acts of coercion as military conscription and income taxation. Hundreds of books have been written about Lincoln the humanitarian, a soft and gentle man. But from the very beginning of his administration he intentionally waged a cruel and unbelievably bloody war on civilians as well as soldiers. As early as 1861, Federal soldiers looted, pillaged, raped and plundered their way through Virginia and other Southern states, completely burning to the ground the towns of Jackson and Meridian, Mississippi, Randolph, Tennessee, and others. Historian Jeffrey Rogers Hummel estimates that some 50,000 Southern civilians were killed during the war, and this number, even if it is exaggerated by a multiple of two, most likely includes thousands of slaves. In his March to the Sea, General William Tecumseh Sherman boasted of having destroyed $100 million in private property and that his "soldiers" carried home another $20 million worth. In his memoirs Sherman wrote that when he met with Lincoln after his March to the Sea was completed, Lincoln was eager to hear the stories of how thousands of Southern civilians, mostly women, children, and old men, were plundered, sometimes murdered, and rendered homeless. Lincoln, according to Sherman, laughed almost uncontrollably at the stories. Even Sherman biographer Lee Kennett, who writes very favorably of the general, concluded that had the Confederates won the war, they would have been "justified in stringing up President Lincoln and the entire Union high command for violation of the laws of war, specifically for waging war against noncombatants." Henry Clay’s American System had been vetoed as unconstitutional by virtually every president beginning with James Madison. But as soon as Lincoln took office, with the Southern Democrats absent from Congress, it was finally put into place, literally at gunpoint. In 1857 the average tariff rate was 15 percent, according to Frank Taussig’s classic, A Tariff History of the United States. The Morrill Tariff more than tripled that rate to 47 percent and it remained at that level for decades. The National Currency Acts nationalized the banking system, finally, and lavish subsidies to railroad-building corporations generated the corruption and scandals of the Grant administrations, just as Southern statesmen had predicted for decades. Income taxation was introduced for the first time, along with an internal revenue bureaucracy that has never diminished in size. All of these policies put a great centralizing force into motion and were the genesis of the centralized, despotic state that Americans labor under today. The biggest cost of the Lincoln’s war was the death of federalism and states’ rights, the value of which was expressed by John C. Calhoun several decades earlier when he said: "The great conservative principle of our system is in the people of the States, as parties to the Constitutional compact, and our opponents that it is in the supreme court . . . . Without a full practical recognition of the rights and sovereignty of the States, our union and liberty must perish." And they did. February 12, 2002 Thomas J. DiLorenzo [send him mail] is professor of economics at Loyola College in Maryland. His latest book is The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War (Forum/Random House, March 2002). Copyright 2002 LewRockwell.com Thomas DiLorenzo Archives |
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