Basic Issues regarding Southern Secession Matt Giwer © 2002 [September]
Did the States have a right to leave the Union? The very existance of the United States is based upon that premise as spelled out in the the second paragraph of the Declaration of Independence. Did the Confederacy really exist as a nation? Nations exist from the moment independence is declared. The United States celebrates 4 July 1776 as the date of both the declaration of the independence of the thirteen colonies and of their de facto existance as independent states. There is no suggestion in all of US tradition and law that they became independent only after England agreed to it or that England's permission was in any manner required. Did Lincoln have the right to preserve the Union by force? In the United States the government does not have rights. It has only the powers specifically delegated to it by the people and recited in the Constitution. There is no power to preserve the United States delegated to the United States by any means much less force. Were not the states in rebellion? As they were independent from the moment they declared independence in the manner of the Declaration of Independence they could not be in rebellion against a government to which they did not belong. Did states have the power to leave? Several states, including Virginia, joined on the specific condition that they had the power to leave. The US government accepted their conditional ratification. Therefore the government accepted at least some states having the power to leave including one member of the CSA. By implication all states had the right to leave. Didn't you just say powers had to be delegated? The people delegated the power of affliation to their state legislatures. That power was exercised twice in the ratification of the Articles of Confederation and in the ratification of the US Constitution. Those ratifications included a prohibition against separate treaties with any other government. The conditional ratification by several states indicated they did have the power to leave. Rationally, the power to join has to be complemented by the power to leave. Unlike the Confederate States Constitution the United States Constitution did not and does not prohibit leaving. Do not governments have a traditional power of self preservation? The US Constitution does not grant any traditional powers. There are no commonly accepted traditional powers of government. The premise of the US government is of specific, limited and clearly stated powers. Many powers which the government of England traditionally held were listed as causes of independence. Page reads: 741

Basic Issues regarding Southern Secession
Matt Giwer © 2002 [September]

Did the States have a right to leave the Union?
The very existance of the United States is based upon that premise as spelled out in the the second paragraph of the Declaration of Independence.

Did the Confederacy really exist as a nation?
Nations exist from the moment independence is declared. The United States celebrates 4 July 1776 as the date of both the declaration of the independence of the thirteen colonies and of their de facto existance as independent states. There is no suggestion in all of US tradition and law that they became independent only after England agreed to it or that England's permission was in any manner required.

Did Lincoln have the right to preserve the Union by force?
In the United States the government does not have rights. It has only the powers specifically delegated to it by the people and recited in the Constitution. There is no power to preserve the United States delegated to the United States by any means much less force.

Were not the states in rebellion?
As they were independent from the moment they declared independence in the manner of the Declaration of Independence they could not be in rebellion against a government to which they did not belong.

Did states have the power to leave?
Several states, including Virginia, joined on the specific condition that they had the power to leave. The US government accepted their conditional ratification. Therefore the government accepted at least some states having the power to leave including one member of the CSA. By implication all states had the right to leave.

Didn't you just say powers had to be delegated?
The people delegated the power of affliation to their state legislatures. That power was exercised twice in the ratification of the Articles of Confederation and in the ratification of the US Constitution. Those ratifications included a prohibition against separate treaties with any other government. The conditional ratification by several states indicated they did have the power to leave. Rationally, the power to join has to be complemented by the power to leave. Unlike the Confederate States Constitution the United States Constitution did not and does not prohibit leaving.

Do not governments have a traditional power of self preservation?
The US Constitution does not grant any traditional powers. There are no commonly accepted traditional powers of government. The premise of the US government is of specific, limited and clearly stated powers. Many powers which the government of England traditionally held were listed as causes of independence.

Page reads: 741