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The Right of Secession Part One of Two


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The Right of Secession
Part One of Two

by Gene Kizer, Jr.

 . . . conceivably, it was the Northern States that acted illegally in precipitating the War Between the States. The Southern States, in all likelihood, were exercising a perfectly legitimate right in seceding from the Union.1

H. Newcomb Morse
Stetson University College of Law

Stetson Law Review, 1986

 Senator Judah P. Benjamin of Louisiana was a brilliant legal mind who was later attorney general, secretary of war and secretary of state of the Confederacy.

In his farewell speech to the United States Senate on February 5, 1861 he went into great detail about the right of secession.

He asserted that the denial of that right is a "pretension so monstrous" that it "perverts a restricted agency [the Federal Government], constituted by sovereign states for common purposes, into the unlimited despotism of the majority, and denies all legitimate escape from such despotism . . . and degrades sovereign states into provincial dependencies."

He said that "for two-thirds of a century this right [of secession] has been known by many of the states to be, at all times, within their power."   :snip: 

https://www.charlestonathenaeumpress.com/

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Draggingtree

The Right of Secession
Part Two of Two

by Gene Kizer, Jr.

The Southern States unquestionably had the right to secede from the Union. That Southerners lost a catastrophic war, which, if it occurred today, would count 8.7 million dead and 10 million wounded, only glorifies and enshrines in the annals of human history, the courage of Southerners and their commitment to democracy, self-government, the Founding Fathers, and especially the Declaration of Independence with its assertion that governments derive their just powers from the consent of the governed.

Other direct evidence of the right of secession abounds.

Albert Taylor Bledsoe wrote in 1866 what is thought to be the best book ever written on the right of secession: Is Davis a Traitor; or Was Secession a Constitutional Right Previous to the War of 1861?

Richard M. Weaver, who was during his lifetime a professor and author of several noted books on the South, called Is Davis a Traitor "the masterpiece of the Southern apologias."1 Weaver described it as a "brilliant specimen of the polemic" out of the entire "extensive body of Southern political writing."2:snip: https://www.charlestonathenaeumpress.com/the-right-of-secession-part-two-of-two/

 

 

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Was Secession Treason?

By Earl Starbuck on Sep 18, 2020

Recently an acquaintance of mine remarked that the Confederate statue in her hometown should be removed from its present place of honour and relocated to the Confederate cemetery which is presently (and sadly) in a state of neglect. The statue should be moved, she said, because while the boys who fought and died during the Late Unpleasantness deserve to be remembered, “literal traitors to America” should not be glorified. Were the Confederates traitors to America? Let’s do a little digging and find out, shall we?

1: At the direction of the State governments, the Continental Congress declared independence in July of 1776, stating:

“We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, :snip: 

 

“Free and Independent States,” joined together in common cause to declare their independence from the British empire. Each State was an independent entity, acting on its own behalf, in its own interest, :snip:   https://www.abbevilleinstitute.org/blog/was-secession-treason/

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