
This post will be outside the norm of my regular writings, but I’m doing it in preparation of a lecture I will be attending tonight. The lecture is entitled “How Lincoln Saved the Constitution and the Declaration of Independence”. I’m attending to see how the lecturer can twist the truth as I believe, and the facts show, that Lincoln ignored the Constitution and trampled upon the Declaration of Independence.
What you will read below will come as a shock to many of you. It’s not the version of history you were taught in school. I ask you to set aside, only for a moment, what you believe about Lincoln and examine some of the most overlooked facts in American history. I will present this as a series of questions and all I ask is that you consider each question and the points which follow. Answer each question in your mind and consider the answer. Here we go….
1. Was secession from the Union illegal in 1860?
No, it was not. First of all, the United States of America was founded upon the fundamental right of instituting new Government. In the Declaration of Independence, the colonies stated, “To secure these rights [Life, Liberty, and the Pursuit of Happiness], Governments are instituted among Men, deriving their just powers from the consent of the governed… Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government.”
In fact, when Thomas Jefferson was President, a number of New England States threatened to leave the Union. Jefferson believed secession was the inherent right of any State. He later wrote, “if any state in the Union will declare that it prefers separation… I have no hesitation in saying, ‘let us separate’” (Letter to W. Crawford, June 20, 1816)
Even Abraham Lincoln stated, “Any people anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right-” (January 12, 1848) I guess he forgot that thirteen years later when he forcefully prevented such action by the southern States.
Furthermore, nothing in the Constitution prohibited a State from leaving the Union. The States formed the Union voluntarily and nothing prohibited them from voluntarily leaving it. The States did not give up their sovereignty by accepting the Constitution. The 10th amendment of the Constitution reserves all powers of the State not specifically delegated to the Federal government and you will find nothing in the Constitution preventing a State from leaving.
Here’s a thought experiment to help define this premise… Imagine a man and a woman falling in love. They decide to enter into the union of marriage. Each voluntarily enters the marriage. They are still separate and distinct individuals with the same rights they possessed prior to marriage. The purpose of the marriage is not to give up rights, but to enhance and build up their lives together. A few years later, the wife feels her rights are being trampled upon and decides to leave the marriage. She wants out and leaves. Her husband gets a gun, comes and finds her, beats her to within an inch of her life, and drags her back into their marriage. Once that little “uproar” is over, the husband welcomes her back home by stating he has “malice toward none; with charity for all.”
In this little parable above, who was right? The husband or the wife?
2. Was the Civil War fought to free the slaves?
No, it was not. The Civil War was not fought to free the slaves. Freeing the slaves did not become a war aim until The Emancipation Proclamation was issued on January 1, 1863 well after the secession of South Carolina and the Fort Sumter incident in the Spring of 1861. Additionally, the Emancipation Proclamation only freed slaves “within the rebellious states”. Any slaves within States loyal to the Union were not freed by this document. So no, the Civil War was not fought to free the slaves.
3. What legal authority did Lincoln have for the invasion of the South?
None. The Civil War was the result of an illegal action by the President of the United States – Abraham Lincoln. The purpose of the Executive Branch of government, namely the President, is enforcing the laws, but there was no law to enforce in this case. South Carolina, and the other States which seceded, had not broken any law. Lincoln’s actions were unjustified by law.
I do not have time here to go into the “long train of abuses and usurpations” carried out by Abraham Lincoln during the Civil War. It’s the same abuse of civil rights carried out by many third world dictators around the globe today.
But the above questions stand clearly. Revisionist historians can dodge and weave around them as they please, but the facts stand. The Civil War never should have happened. It was the illegal action of an out of control American President. States had the right to leave the Union. Lincoln trampled upon these rights with brute force. He might have saved the Union, but he forever weakened the Constitution and crushed the Declaration of Independence.