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Old 07-03-2011, 09:01   #104
Dragoon44
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Quote:
Originally Posted by Natty View Post
"Whenever any form of government is destructive of these ends [life, liberty, and the pursuit of happiness] it is the right of the people to alter or abolish it, and to institute new government in such form as to them shall seem most likely to affect their safety and happiness.

-- Declaration of Independence, 1776.
And by the people, they meant the people as a whole, not one subdivision of them.

The First 7 states to secede did so simply on the fact that Lincoln was elected president. They could claim no grievous injury or oppression at his hands since the seceded even before he even took office.

President Buchanan addressed this very issue.

“In order to justify a resort to revolutionary resistance, the Federal Government must be guilty of ‘a deliberate, palpable, and dangerous exercise’ of powers not granted by the Constitution. The late Presidential election, however, has been held in strict conformity with its express provisions. How, then, can the result justify a revolution to destroy this very Constitution? Reason, justice, a regard for the Constitution, all require that we shall wait for some overt and dangerous act on the part of the President elect before resorting to such a remedy.” (Taken from Buchanan’s Fourth Annual Message to Congress, December, 1860.)

Quote:
In order to justify secession as a constitutional remedy, it must be on the principle that the Federal Government is a mere voluntary association of States, to be dissolved at pleasure by any one of the contracting parties. If this be so, the confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the States. In this manner our thirty-three States may resolve themselves into as many petty, jarring, and hostile republics, each one retiring from the Union without responsibility whenever any sudden excitement might impel them to such a course. By this process a Union might be entirely broken into fragments in a few weeks which cost our forefathers many years of toil, privation, and blood to establish.

Such a principle is wholly inconsistent with the history as well as the character of the Federal Constitution. After it was framed with the greatest deliberation and care it was submitted to conventions of the people of the several States for ratification. Its provisions were discussed at length in these bodies composed of the first men of the country. Its opponents contended that it conferred powers upon the Federal Government dangerous to the rights of the States, whilst its advocates maintained that under a fair construction of the instrument there was no foundation for such apprehensions. In that mighty struggle between the first intellects of this or any other country it never occurred to any individual, either among its opponents or advocates, to assert or even to intimate that their efforts were all vain labor, because the moment that any State felt herself aggrieved she might secede from the Union. What a crushing argument would this have proved against those who dreaded that the rights of the States would be endangered by the Constitution! The truth is that it was not until many years after the origin of the Federal Government that such a proposition was first advanced. It was then met and refuted by the conclusive arguments of General Jackson, who in his message of the 16th of January, 1833, transmitting the nullifying ordinance of South Carolina to Congress, employs the following language:

"The right of the people of a single State to absolve themselves at will and without the consent of the other States from their most solemn obligations, and hazard the liberties and happiness of the millions composing the Union, can not be acknowledged. Such authority is believed to be utterly repugnant troth to the principles upon which the General Government is constituted and to the objects which it is expressly formed to attain."
[end quote] [4th Annual Message to Congress, 3 Dec 1859]
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