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PostPosted: Sun Aug 13, 2006 5:05 pm 
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Location: USA
Interesting article.

However, even if the subject was debated, clearly it's not covered in the actual document. This would seem to indicate that the framers could not agree. If I'm wrong, please show me, I would be very interested in correcting my mistake.

To agree to an indissolvable would contradict the words of the Declaration of Independence. "Desolving politcal bands, etc..."

Rich


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PostPosted: Sun Aug 13, 2006 5:56 pm 
The Declaration of Independance was a list of grievances showing the right of the colonies to fight for sovereignty against "absolute despotism." The Union certainly had not inflicted any of those depradations on the South. So by this standard, the South certainly was in rebellion. Check out http://www.ushistory.org/declaration/document/index.htm

On the other hand we all know the New England states wanted to secede during the War of 1812. Though it didn't get anywhere, the case had merit and was used later. Then there were the mormons.

Now about Braxton Bragg...

2nd Lt. Beno
5/2/I AoP
USA


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PostPosted: Mon Aug 14, 2006 2:41 am 
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I believe there is a book out on this subject but I haven't read it but my understanding of the Constitution is that if it doesn't explicitedly say the Federal Government has the power to do something then that right automatically goes to the State. No where does the Constitution say that a State can never leave the Union. And, I think if the States when they were voting for its ratification had understood it to include any kind of "until death do we part" clause they wouldn't have ratified it. That said "might makes right" and the North had the might to make the south stay in the Union.

I also read somewhere that the reason they never tried Jefferson Davis for treason or any other crimes was they feared that once found guilty he would appeal to the Supreme Court and there the court might rule in his favor. Achieving what four years of war failed to do. So the legality of what Lincoln did was never tested in the courts.

BG. Kennon Whitehead
Chatham Grays
III Corps, AoM (CSA)


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PostPosted: Mon Aug 14, 2006 3:59 am 
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The framers of the Constitution knew history . . . Throughout history no government body has ever allowed for the destruction of itself in its written conception at founding . . . therefore the exclusion of a secession clause is usual, not significant.

Col Dwight McBride
1st Brigade ("The Regulars")
2nd Division/V Corps/AOP


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