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Lift your lamp beside the golden door, Break not the golden rule, avoid well the golden calf, know; not all that glitters is gold, and laissez faire et laissez passer [let do and let pass] but as a shining sentinel, hesitate not to ring the bell, defend the gates, and man the wall

Saturday, July 2, 2011

SECESSION

Excerpt of Lincoln's Inaugural Address
I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in the instrument itself.

Again: If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak—but does it not require all to lawfully rescind it?
Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was "to form a more perfect Union."

But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.

I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part, and I shall perform it so far as practicable unless my rightful masters, the American people, shall withhold the requisite means or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend and maintain itself.
Notes by Asderathos 

[Lincoln] [Obama and Lincoln]


It is held that the Confederacy's attempt of disunion was pre-emptive to any unlawful action by Govt. and lacking any such sited responsible illegal cause for action, their Provocations and Usurpation cannot be defended. 
Necessary lawful and Unanimous steps for disunion NOT Being necessary, based upon Acts (Exampled in history by The Stamp Act) as Illegal Self-Contradictory to notion of the citizenship of colonists and Tyranical. 
The repeal of the Stamp Act was followed by The "DECLARATORY Act", passed by British Parliament to affirm its authority to “make laws . . . of sufficient force and validity to bind the colonies and people of America . . . in all cases whatsoever.” -[NationalHumanitiesCenter.org] That is to say an UNLIMITED Governance.

[Declaration]

The question becomes what is Illegal when laws contradict; particularly in regards to Constitutional Amendments as well as modern legislation presuming the position that Govt. is the source of Individual Rights rather than their mere protector (which impunes the justification for the American Revolution); 

Governments being instituted among Men deriving their just powers from the consent of the governed, all men being created equal, that their being endowed by their Creator with certain unalienable Rights, among them being Life, Liberty and the pursuit of Happiness (Property Excluded solely to avoid endorsing slavery)


 That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
    
Should not the dismissal of founding documents of law by officialdom; having not been changed by due process but reinterpreted, demand by those very documents' logic an abolition or secession? 

Emancipation was disallowed by necessitous due process of law until the formation of and attack by the Illegal Confederacy, it being deemed necessary as a Wartime Measure; The 13th Amendment being the domestic change in rule of law; and the Emancipation Proclamation (Having no power of law within them) merely deemed escaped slaves from the Seceded States to be freed.
   
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