State Secession Is Not Immoral or Unconstitutional

     Romans 13 is often cited to teach that state secession is immoral but note that “powers” in verse one is plural and “rulers” in verse three is plural; the discussion is about the duty of civil government in general and the duty of Christians. Romans 13 does not say that any civil government is ordained by God and therefore must be given blind loyalty and obedience. The US government was created by the States for the benefit of the States and owes its existence to the States that formed the USA. The Preamble to the US Constitution clearly says the US government exists to serve the States. The phrase "which shall be made in Pursuance thereof" means that the Supremacy Clause of the US Constitution (Article Six, Clause two) only applies when the US government is acting in pursuit of constitutionally authorized powers that are clearly defined and limited to those powers necessary for its function, and the Tenth Amendment further clarifies that the authority of the US government is limited to those powers clearly defined and specified in the US Constitution. The purpose of the Guarantee Clause of the US Constitution (Article Four, Section Four) is to make sure the US government is a representative government to each State and prevent the US government from becoming a majoritarian democracy (mob rule) that disregards the rights of less populated States and entrusts charismatic personalities with unchequed power. How is this a guarantee, since the US Constitution is a piece of paper that cannot enforce itself? The US Constitution is a compact between the several free and independent States as clearly stated in the preamble. As free and independent States (See the Declaration of Independence & Articles of Confederation) in a voluntary union each State has a constitutional right to secede if they believe the US government is abusing its power or working against their interests, such as if the US government imposed an oppressive tax that could impoverish some States while leaving other States virtually tax free (this happened in 1860) or if there is a breach of contract, such as if the US government denies or overrides the Tenth Amendment rights and powers of a State.

Fifteen of the States represented by stars on the US Flag were stolen. The armed invasion of the Confederate States of America to force them back into the Union was illegal and unconstitutional. Along with the eleven Confederate States commonly listed, Kentucky and Missouri did secede and did join the Confederacy. The US Army placed Missouri under martial law and set up a puppet Unionist government, but the lawful government of Missouri retreated to Neosho and adopted an Ordinance of Secession on 31 October 1861, and the Confederate Congress admitted Missouri as a state of the Confederacy on 28 November 1861. The situation was similar in Kentucky, and the lawful government of Kentucky seceded on 20 November 1861 and was admitted to the Confederacy by the Confederate Congress on 10 December 1861. To keep Maryland from joining the Confederacy Lincoln declared martial law and suspended the right of Habeas Corpus in Maryland and had Union troops arrest the governor and legislators who were for secession and had them incarcerated for the duration of the war without being charged with any crime or tried in any court. After President Lincoln argued that it was just as illegal for a State to secede from the Union as it would be for a county to secede from a State, West Virginia (while under martial law) was made a Union State in defiance of Article 4, Section 3, of the US Constitution.

It takes a long stretch of the imagination to believe that the same people and States that seceded from the British Empire made state secession illegal. If state secession really was unconstitutional the US Constitution would have never been ratified. Look at the Constitutional Conventions of the various States, including northern States, and see that they would not ratify the US Constitution until they were assured that their rights as free and independent States would be respected.

What about the argument that the Southern States were fighting to preserve slavery and white supremacy? Their reasons for deciding to secede, and whether any of the Southern States had racist motives behind the decision to secede, is irrelevant to the question of the legality of State secession. As for the war, the Southern States fought because they were invaded, and it was their right to defend themselves. To detract from the issue of the unlawfulness of the armed invasion of the CSA by the USA the media and schools keep beating the drum about racism and slavery and have thus convinced many southrons that the Southern States were in the wrong. It is unfair to say that the Southern States were fighting for slavery in the War of Northern Aggression, and I do believe it is good to provide information on this as so many have been deluded. State secession was not necessary to preserve slavery: In 1860 slavery was already protected by the US Constitution and that protection could only be removed by an amendment to the US Constitution abolishing slavery. Article V of the US Constitution requires ratification by three-fourths of the States for an amendment to become part of the US Constitution, and in 1860 there were fifteen slave States out of thirty-three States in the Union before the Southern States seceded. However, even if the South had fought to preserve slavery and there were no black soldiers in the Confederate army, that would not mean the South was wrong. Why? Even if the US Government did have authority to decide this issue for States in the Union under the US Constitution this would not authorise the armed invasion of another country. Think about this: If slavery in the South justified the armed invasion of the CSA, then why didn't the USA invade any other slaveholding countries? Incidentally, when Italy invaded and conquered Ethiopia in 1935 Benito Mussolini freed the slaves and abolished slavery there, so why isn’t Benito Mussolini honoured and celebrated in Ethiopia?

Arguments that the war was justified by racism in the South tend to be one-sided and hypocritical. For example, you have likely heard that Confederate Vice President Alexander Stephens said that the negro is not equal to the white man and subordination to the white race is his natural and normal condition, but were you aware that Abraham Lincoln and other US leaders made similar statements?

Did the South start the war by firing the first shots? Study the events leading to the Battle of Fort Sumter and consider: How would the USA respond if another country voiced hostility towards the USA and then not only refused to leave a military garrison which they held within US borders but sent a fleet of warships & troops to that garrison claiming this was necessary to bring supplies to 85 men?

What about the argument that the war saved the Union and was necessary because state secession would destroy the Union? Consider: What was that mysterious entity that had military forces capable of conquering the CSA after various States had seceded? 

What about the argument that the war was necessary to save the republic and thus protect freedom? When Rome changed from a republic into an empire, it maintained the facade of being a republic and so did the USA. The War of Northern Aggression (1861-1865) changed the USA from a republic into an empire which has become a politically correct police state. History provides numerous examples (e.g. Roman Empire) that demonstrate that respect for local self-government makes liberty important, but as the centre of power keeps absorbing all of the political life an empire must sacrifice liberty and local self-government to secure the union and protect itself from attacks from without and insurrections from within, and this happened in the USA: The US government has not kept its part of treaties signed with Confederate Generals but has consistently violated those agreements. The US government steadily absorbs all of the political life, routinely exercises powers that are not constitutionally mandated, usurps State's Rights and defrauds the States of their sources of revenue, the rights of the individual are often sacrificed for the sake of unity and to protect the US government against the possibility of insurrection, the US Congress routinely passes laws which encroach upon the right of the individual to his own life, liberty, and property as well as his right of self-government, and the US Supreme Court often issues decrees which contradict or change the US Constitution and usurp legislative power. The requirements or qualifications for becoming a citizen of a State or being eligible to vote are now determined by the US government and not a State because of enforcement of an Amendment (14th) that was never ratified by the States. The First Amendment is used to restrict State and local governments (and even businesses & individuals) even though it says nothing about State or local government. The purpose of the Second Amendment was to prevent the US government from becoming a police state by giving the people the ability to use guns as a last resort to resist governmental tyranny and oppression, but the right of the people to keep and bear arms is disregarded or usurped by the US government. (Consider that when the Bill of Rights was ratified the word "militia" usually meant the general population of adult males, and this definition is still in some modern dictionaries.) Soldiers in the National Guard can be (and have been) placed on US federal active duty against the will of their State to keep them from obeying their State government or to use them against their own State. Many more examples could be given but these should suffice for now. Also consider: Which, if any, of the ten measures of communism outlined in chapter two of the Communist Manifesto has not been characteristic of the USA for a long time? What freedoms do you have that people living in communist countries do not have? (Think carefully.)

If you think you are really free try to start your own business and watch how many government agencies crawl out of the woodwork to demand their cut.

What about the argument that it would be wrong for the Southern States to secede now because the Southern States are greatly indebted to the US government and would be obliged to pay any debts owed to the US government before leaving. If a married woman were kidnapped and raped and held prisoner at gunpoint for a long time would this make her abductor her new lawfully wedded husband? If she were rescued or released or managed to escape, would she be indebted to her captor for food, shelter, or anything else he provided during her captivity? The US government owes war reparations to the Southern States and the Southern States owe nothing to their captor for anything received while held captive under force of arms.

Let us suppose that the USA invaded and conquered a neighboring country that was not a threat to the USA, and did this without congressional or constitutional authorisation, and then placed those states or provinces under martial law and compelled them to join the USA by making this necessary to end martial law and abuses. Let us suppose that for a long time they submitted to US laws & taxes to keep peace and harmony and avoid further bloodshed and tried to focus on mutual interests. Then let us suppose that after a century and a half of occupation by the USA the people of those conquered states or provinces, who would be US citizens according to US law, still insisted that they have a right to independence and should secede; would you say that they were being ludicrous or treasonous?

 

 

 

Constitutionality of Secession, by Daniel Goldman https://medium.com/politicoid/constitutionality-of-secession-19ce11c3b671

Why the Civil War Wasn’t About Slavery, By Samuel W. Mitcham https://www.abbevilleinstitute.org/why-the-civil-war-wasnt-about-slavery/

Secession, State & Liberty, David Gordon https://mises.org/library/secession-state-and-liberty

Southern Heritage http://www.biblebaptistpublications.org/southernheritage.html

 

For Southern & Confederate resources:

The Confederate Reprint Company https://confederatereprint.com/  

The Kennedy Twins http://www.kennedytwins.com/  

Sea Raven Press https://www.searavenpress.com/  

Dixie Outfitters https://dixieoutfitters.com/

 

Recommended: