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Discussion of research and writing about Virginia history

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Subject:
From:
Paul Finkelman <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Wed, 20 Oct 2010 17:32:11 -0700
Content-Type:
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if there was no oath to the Constitution for military men, then I amend my point; to swearing allegiance to the US, taking US money to attend West Point and the Naval Academy, as well as those who held federal office, served in Congress, and one particular man (a Virginian) who took the highest oath the Preserve, Protect and the Defend the Constitution on the United States and then made war on his own country.  

----

Paul Finkelman

President William McKinley Distinguished Professor of Law

Albany Law School

80 New Scotland Avenue

Albany, NY  12208



518-445-3386 (p)

518-445-3363 (f)



[log in to unmask]



www.paulfinkelman.com

--- On Wed, 10/20/10, Bill Crews <[log in to unmask]> wrote:

From: Bill Crews <[log in to unmask]>
Subject: Re: [VA-HIST] Virginia 4th-grade textbook criticized over claims on black Con...
To: [log in to unmask]
Date: Wednesday, October 20, 2010, 3:11 PM

 "thousands of men who had taken an oath to the US constitution betrayed their 
oath to make war on their own country and on their former comrades." 

Since we are supposed to be dealing in facts here I just want to point out that 
the oath of office for military officers did not include any reference to 
upholding the constitution until the May 1884 was adopted by the Congress. The 
enlisted oath of office did not reference the constitution until 1950. 
Considering the oath, even today, is not binding after tendering one's 
resignation I'm not sure what point this serves other than to be needlessly 
 tendentious on a subject that seems impossible to discuss civilly.


----- Original Message ----
From: "Finkelman, Paul <[log in to unmask]>" 
<[log in to unmask]>
To: [log in to unmask]
Sent: Wed, October 20, 2010 1:46:19 PM
Subject: Re: [VA-HIST] Virginia 4th-grade textbook criticized over claims on 
black Con...

Mr. Carter says this:

Yes there were a lot of slaves in the south, but who transported them here? 
northern traders and the north had slaves also but of course you wouldn't 
know  it by reading most history books.

The answer to "who transported them" is of course the British for the most 
part.  There were some, but relatively few northern slavers; but, the issue is 
not on how they got here, but what happened when they were here.  11 Slave 
states made war on their own nation; thousands of men who had taken an oath to 
the US constitution betrayed their oath to make war on their own country and on 
their former comrades.  Why?  Over slavery.  To protect it.  Don't take my word 
for it. Read the declarations of secession:

"But an increasing hostility on the part of the non-slaveholding States to the 
institution of slavery, has led to a disregard of their obligations, and the 
laws of the General Government have ceased to effect the objects of the 
Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, 
Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, 
Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress 
or render useless any attempt to execute them. In many of these States the 
fugitive is discharged from service or labor claimed, and in none of them has 
the State Government complied with the stipulation made in the Constitution. The 
State of New Jersey, at an early day, passed a law in conformity with her 
constitutional obligation; but the current of anti-slavery feeling has led her 
more recently to enact laws which render inoperative the remedies provided by 
her own law and by the laws of Congress. In the State of New York even the right 
of transit for a slave has been denied by her tribunals; and the States of Ohio 
and Iowa have refused to surrender to justice fugitives charged with murder, and 
with inciting servile insurrection in the State of Virginia. Thus the 
constituted compact has been deliberately broken and disregarded by the 
non-slaveholding States, and the consequence follows that South Carolina is 
released from her obligation.

* * * 
Those States have assume the right of deciding upon the propriety of our 
domestic institutions; and have denied the rights of property established in 
fifteen of the States and recognized by the Constitution; they have denounced as 
sinful the institution of slavery; they have permitted open establishment among 
them of societies, whose avowed object is to disturb the peace and to eloign the 
property of the citizens of other States. They have encouraged and assisted 
thousands of our slaves to leave their homes; and those who remain, have been 
incited by emissaries, books and pictures to servile insurrection.

http://avalon.law.yale.edu/19th_century/csa_scarsec.asp
========================================

Paul Finkelman
President William McKinley Distinguished Professor of Law 
Albany Law School 
80 New Scotland Avenue
Albany, NY 12208

518-445-3386 (p)
518-445-3363 (f)

[log in to unmask]
www.paulfinkelman.com


-----Original Message-----
From: Discussion of research and writing about Virginia history 
[mailto:[log in to unmask]] On Behalf Of Greg Carter
Sent: Wednesday, October 20, 2010 12:52 PM
To: [log in to unmask]
Subject: Re: [VA-HIST] Virginia 4th-grade textbook criticized over claims on 
black Con...

Excuse me,  Unbiased
The history books for years have been written by northern perspective what  
could be more bias?
Yes there were a lot of slaves in the south, but who transported them here? 
northern traders and the north had slaves also but of course you wouldn't 
know  it by reading most history books.

Greg Carter


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