The Essence of Liberty: Part 242 (1) The War for Southern Independence as a Constitutional Crisis
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The Essence of Liberty: Part 242 (1)
Compiled by Dr. Jimmy T. (Gunny) LaBaume A Summary of Gutzman, Kevin R.C. The Politically Incorrect Guide™ to the Constitution (The book is available from the Ludwig von Mises Institute at http://www.mises.org) Chapter 7: The War for Southern Independence as a Constitutional Crisis The republican platform of 1860 called for a high protective tariff and opposed the Dred Scott decision. Not a single Southern state voted for Lincoln. In fact, seven of them seceded during the period between his election and his inauguration. Their justification was that the northern states would not comply with the Constitution. They were simply reclaiming their powers.
South Carolina seceded through exactly the same kind of convention it had used to ratify the Constitution originally. Other states used different means. Some used referendum while others used legislation. Shortly after Lincoln was inaugurated, he blockaded Southern ports. Under the law of nations, only a country could be blockaded. Thus, by his act, Lincoln implicitly recognized the independence of the Confederacy. But he then turned right around and took on the role of legislator by calling for volunteers to invade the South and force them back into the union—a war congress had not yet declared. Many northerners openly conceded the states’ right to secession. Furthermore, several northern congressmen proposed amendments to limit that right. In so doing, they conceded, de facto, that the right existed. That is the only logical conclusion because, otherwise, the American colonies could not have seceded from the British Empire. The Federalists insisted during the ratification debates that the states were individual parties to a federal compact. And, as a mater of fact, during ratification, three states explicitly reserved the right to secede. Furthermore, such a right can be easily deduced from the 10 th Amendment—i.e. since the Constitution does not explicitly prohibit secession, that power is “reserved to the states.” But in the face of all of that, in his first inaugural address, Lincoln said that secession was “impossible.” In addition, Father Abraham responded to his opponents by suspending the writ of habeas corpus. Article I of the constitution gives Congress the power to suspend the writ in emergencies. But, once again, Lincoln usurped the legislative powers of Congress. He used the power that he had arbitrarily granted himself to muzzle his opposition. He actually imprisoned state legislators. One example was Clement Villandigham, a prominent Ohio politician. Villandigham was arrested by a military commission (although he was not in the military nor was he in a war zone) and was expelled from the uS. He asked the Supreme Court for a writ of habeas corpus but was refused, because it would “embarrass” Lincoln. (See Ex parte Vallandigham.) Copyright ©2004, FlyoverPress.com Jimmy T. LaBaume, PhD, ChFC is a full professor teaching economics and statistics in the School of Agricultural and Natural Resource Sciences, Sul Ross State University, Alpine, TX. He does not speak for Sul Ross State University. Sul Ross State University does not think for him. Dr. LaBaume has lived in Mexico and spent extended periods of time in South and Central America as a researcher, consultant and educator. “Gunny” LaBaume is a decorated veteran of the Vietnam War and Desert Storm. His Marine Corps career spanned some 35 years intermittently from 1962 until 1997 when he refused to re-enlist with less than 2 years to go to a good retirement. In his own words, he “simply got tired of being guilty of treason.” He is also currently the publisher and managing editor of FlyoverPress.com, a daily e-source of news not seen or heard anywhere on the mainstream media. He can be reached at jlabaume@sulross.edu. Permission is granted to forward as you wish, circulate among individuals or groups, post on all Internet sites and publish in the print media as long as the article is published in full, including the author’s name and contact information and the URL www.flyoverpress.com. FlyoverPress.com can be contacted at editor@flyoverpress.com *Note: We hold no special government issued licenses or permits. We don’t accept government subsidies, bailouts, low-cost loans, insurance, or other privileges. We don’t lobby for laws that hurt our competitors. We actively oppose protectionism and invite all foreign competitors to try to under price us. We do not lobby for tariffs, quotas, or anti-dumping laws. We do not support the government’s budget deficits: we hold no government or agency securities. To Subscribe to our daily e-mail alert service, send an e-mail with the word “subscribe” on the subject line. |
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