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PostPosted: Fri Jul 13, 2012 6:57 pm 
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Hi Fogbowers,

Most of you are fairly intelligent members here, lawyers and such, so I'd assume many of you know the history of this country and the civil war rather well.

Well I found myself in a debate with a number of folks about whether all the states in the Union were there "voluntarily" and whether secession was a "right" for states to do. My response was this:

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There is no "right" to secession or sovereignty. The United States was formed through violence and force, independence required a rebellion by American patriots, it wasn't as if the United States simply seceeded because there was some unspoken "right" to do so. Most of the States were carved out from Union territory, they were not sovereign states prior, they did not voluntarily join the Union. Native Hawaiians along with their King were forced to sign a new constitution transferring power to American elites in the late 19th century, which lead to Hawaii becoming and American territory, despite Native Hawaiian opposition. Later Hawaii voted to become a state, because the only other option was to remain a territory with little autonomy. California, Arizona, New Mexico and part of the western states were carved out of the blood of Mexican and American soldiers, The United States took the northern lands of Mexico by force.


Please note that Texas is the exception here, it was once a sovereign state and joined the Union voluntarily.

Considering that we went against a lawful contract with the United Kingdom for the sake of independence, this is another significant factor against the arguments of confederate apologists.

So am I right here? Is there really some right out there to secession? Or was the civil war just another part of involuntary war and expansion that lead to what the United States is today? I would really appreciate input....

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PostPosted: Fri Jul 13, 2012 7:17 pm 
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Wolf wrote:
So am I right here? Is there really some right out there to secession? Or was the civil war just another part of involuntary war and expansion that lead to what the United States is today? I would really appreciate input....


No. There is no right to secede. Some thinkers believed the Constitution was a "compact" from which states could withdraw if they became unsatisfied. In reality, some states attempted to do so. This led to the Civil War. Those who believed in the "compact theory" lost. The winning side dictated the new rules, or at least said what the rules always had been.

As a matter of reality, the side that won said what the rules are and they still apply. There is no "right" of a state to declare war on the Union or to withdraw from it. States attempting to do so will have these rules explained to them with great weight and velocity.

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PostPosted: Fri Jul 13, 2012 8:34 pm 
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Wolf wrote:
Please note that Texas is the exception here, it was once a sovereign state and joined the Union voluntarily.

The first such "exception" was the Republic of Vermont which was initially formed as a sovereign state. It voluntarily joined the Union in 1791.

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PostPosted: Fri Jul 13, 2012 9:15 pm 
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Piffle wrote:
Wolf wrote:
Please note that Texas is the exception here, it was once a sovereign state and joined the Union voluntarily.

The first such "exception" was the Republic of Vermont which was initially formed as a sovereign state. It voluntarily joined the Union in 1791.


Hah it was a good thing posting here, noted Piffle. So Texas and Vermont were once independent countries that voluntarily joined....

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PostPosted: Fri Jul 13, 2012 9:22 pm 
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Er, no.

The 13 colonies signed the Articles of Confederation. Those 13 colonies were sovereign and agreed to join together, declare independence from Britain, fight a war and establish a new government under the US Constitution.

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PostPosted: Fri Jul 13, 2012 9:25 pm 
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The Republic of Texas was a bit more self-governing than, say, the Republic of Bophuthatswana, but it was a less peaceful place. President Sam Houston started a civil war over the location of the archives of the Republic of Texas. Those days of independent glory still linger in the belief, held by 63.7% of all Texians, that Texas may divide itself into five separate states, all automatically members of the Union, whenever it wishes to do so. Who gets the Alamo would be a bone of contention.

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PostPosted: Fri Jul 13, 2012 9:33 pm 
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Wolf wrote:
There is no "right" to secession or sovereignty. The United States was formed through violence and force, independence required a rebellion by American patriots, it wasn't as if the United States simply seceeded because there was some unspoken "right" to do so.


When the colonies declared independence, they did claim a "right" to do so:

one of those Founding Father guys wrote:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, 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.


That was then and this is now. As others have pointed out, under our Constitutional form of government today, a state does not have a right to secede. That was pretty well established with all that unpleasantness in the 1860s.

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PostPosted: Fri Jul 13, 2012 9:38 pm 
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Could these scalywags be the first Sov Cits?

The Mysterious State of Franklin

Well , they are, after all, from Tennessee. :D

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PostPosted: Fri Jul 13, 2012 9:51 pm 
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Wolf wrote:
Piffle wrote:
Wolf wrote:
Please note that Texas is the exception here, it was once a sovereign state and joined the Union voluntarily.

The first such "exception" was the Republic of Vermont which was initially formed as a sovereign state. It voluntarily joined the Union in 1791.


Hah it was a good thing posting here, noted Piffle. So Texas and Vermont were once independent countries that voluntarily joined....

Yes. Those two sovereigns joined the Union after the adoption of the Constitution. (Raicha is of course correct about the original 13 which ratified the Constitution.)

And there's another interesting twist to the application of Article IV of the Constitution. After Virginia purportedly seceded from the Union, several of its western counties seceded from the Confederate State of Virginia and ultimately joined the Union voluntarily as West Virginia. Details here

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PostPosted: Sat Jul 14, 2012 12:30 am 
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Here's what conservative favorite Antonin Scalia has to say on the issue:

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Quote:
If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, “one Nation, indivisible.”)

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PostPosted: Sat Jul 14, 2012 12:34 am 
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Oh my, Scalia forgot the "under God" part!! The RWCNJs better not find out about that letter.

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PostPosted: Sat Jul 14, 2012 1:13 am 
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OMG, the Pledge is controlling authority?

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PostPosted: Sat Jul 14, 2012 1:49 am 
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Joseph Ryan writes an interesting piece, here, about this very subject.

I'm not conviced by it that it's Ok to own other humans, but it is interesting.


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PostPosted: Sat Jul 14, 2012 7:54 am 
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California was an independent republic (sort of) for all of 25 days. http://en.wikipedia.org/wiki/California_Republic

It's first and only President, William B. Ide, surrendered the Republic to U.S. Army Major John C. Frémont and then himself joined the Army as a private. U.S. forces defeated Mexican forces at the Battle of Olompali, gaining for the United States lands that included portions of what became California, Nevada and Arizona.

President Ide issued a Proclamation of Independence. Let us just say that he did not have quite the literary style of the Founders of the United States:
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To all persons, citizens of Sonoma, requesting them to remain at peace, and to follow their rightful occupations without fear of molestation. :bored:
The Commander in Chief of the Troops assembled at the Fortress of Sonoma gives his inviolable pledge to all persons in California not found under arms that they shall not be disturbed in their persons, their property or social relations one to another by men under his command.


Fun facts: The California Bear Republic flag was designed by President Lincoln's brother in law and the original was destroyed in the San Francisco Earthquake of 1905

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PostPosted: Sat Jul 14, 2012 8:18 am 
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Quote:
San Francisco Earthquake of 1905 1906


More about the Bear flag and the Bear Flag Revolt


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PostPosted: Sat Jul 14, 2012 8:37 am 
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John Thomas8 wrote:
Joseph Ryan writes an interesting piece, here, about this very subject.



Quote:
In this country it was decided that the people should frabricate for themselves their government. And that is all we can do if we pretend to carry out the doctrines upon which we entered upon the war―namely, that a State could not go out of the Union, and that, therefore, we could not make a conquest of her as if she were out.

Mr. Howard: "The United States of America in Congress assembled has the right to make that government and enforce it."
Mr. Sumner: "Beyond all question."
Mr. Cowan: "Then you proceed against them precisely as though you proceeded against a foreign State in case of conquest, but that is not under the Constitution."

Note: This one sentence captures in a nutshell the reality of the American Civil War; in what high school, or college, is the reality of this taught?

And this doctrine of the right of conquest is precisely the doctrine which was held by the Parliament and the King of Great Britain in our Revolution. It is the doctrine which has been held by all tyrannies from the time the world began. If this Government becomes a tyranny, how is it to be changed, unless there is some such right of revolution somewhere?

Note: There it is, the objective truth of history American historians, by and large, cannot bring themselves to teach their students. How is it to be changed, if the right of revolution is not recognized, as a right? How is Syria's Government to change? How is China's? How is ours? Without it?


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PostPosted: Sat Jul 14, 2012 8:53 am 
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Offtopic :
O/T and apropos of pretty much nothing having to do with this thread, one of my ancestors was the first Governor of the State of Texas

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PostPosted: Sat Jul 14, 2012 8:57 am 
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I would sure like to see just one of those "formal agreements" that permit a state to withdraw from the Union if it holds that the Federal Government is violating the Constitution. Maybe they are all secret documents held in some undisclosed location, perhaps where Dick Cheney once stayed.

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PostPosted: Sat Jul 14, 2012 10:01 am 
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TollandRCR wrote:
I would sure like to see just one of those "formal agreements" that permit a state to withdraw from the Union if it holds that the Federal Government is violating the Constitution. Maybe they are all secret documents held in some undisclosed location, perhaps where Dick Cheney once stayed.



They were held in Montgomery, Alabama until the capitol was moved to Richmond, VA.

Edit: I think the Masons recovered them from the sekrit stash before the end came. -xx

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PostPosted: Sat Jul 14, 2012 10:18 am 
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Cdr Christoff wrote:
John Thomas8 wrote:
Joseph Ryan writes an interesting piece, here, about this very subject.
"Then you proceed against them precisely as though you proceeded against a foreign State in case of conquest, but that is not under the Constitution."
Note: This one sentence captures in a nutshell the reality of the American Civil War; in what high school, or college, is the reality of this taught?
And this doctrine of the right of conquest is precisely the doctrine which was held by the Parliament and the King of Great Britain in our Revolution. It is the doctrine which has been held by all tyrannies from the time the world began. If this Government becomes a tyranny, how is it to be changed, unless there is some such right of revolution somewhere?
Note: There it is, the objective truth of history American historians, by and large, cannot bring themselves to teach their students. How is it to be changed, if the right of revolution is not recognized, as a right?

Well, I'll be damned; The bat-shit looney tuners have original intent right.
Unfortunately for them, who gives a fuck? 140 years of recent history says we all changed our minds. Waiting 5 generations to bring this argument back up again is still just bullshit. It tells me their great-grandfathers were wiser than they are by accepting the majority opinion that the UNITED States is where we all live; Not some cluster fuck xenophobic nation that values it's individual geographic identities over the good of the people who live there.
Yeah, we're a tyranny; But it's a pretty benign one.
Yeah we live under a national agenda. Get over it.
I submit that until we became that national identity, we were a second class country who's disjointed efforts precluded it from being a world power. Nowadays, we are THE world power. I'll take my US of A over their theoretical one any day of the week.

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PostPosted: Sat Jul 14, 2012 11:11 am 
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ah yes secessionists, my second favorite group of people to argue with after birthers. Besides the civil war, Texas v. White pretty much solved all doubts.

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PostPosted: Sat Jul 14, 2012 6:45 pm 
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Bob Ross wrote:
ah yes secessionists, my second favorite group of people to argue with after birthers. Besides the civil war, Texas v. White pretty much solved all doubts.


That little feller seems SO obsessed with the "letter of the law" and has completely lost track of the fact that it is inordinately immoral to be a slave owner.


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PostPosted: Sat Jul 14, 2012 7:17 pm 
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What about the state of Franklin?

It was a free and autonomous territory.


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PostPosted: Sat Jul 14, 2012 7:19 pm 
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Chilidog wrote:
What about the state of Franklin?

It was a free and autonomous territory.


And did not willingly become a state. At first.

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PostPosted: Sat Jul 14, 2012 11:19 pm 
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Thanks alot for the responses guys, really appreciated.

In the civil war debate I was participating in, it got to the point where the other poster started informing how the first slave owner was "black" and how most of the slave owners in New Orleans were black, talk about derailing the debate with two wrongs make a right? I get angry with many of these posters, deep down I know their biases, but I always manage to barely keep my composure, barely......

It's ironic, they keep on telling me how secession was based on the tyrannical federal government, which is hypocritical in the fact that both presidents prior to Lincoln were southern backed Democrats, and congress for most of the 1850's held a southern backed majority Democratic rule. Then they want to talk to me about "individual liberty" while in the same breath telling me that blacks were subhuman back then.

Unbelievable, but this is their mentality. They are living their fantasies and delusions on the internet.

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