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Subject:
From:
Brent Tarter <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Thu, 6 Mar 2003 14:30:39 -0500
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Folks, let's not get into another gottcha last exchange here. We don't need
another Civil War on Va-Hist.

About that other Civil War, let's also keep ourselves based in facts.

For my part, I think that Lincoln had no options left once some states began
to raise forces and actually attacked an installation of the United States
Army.

Look at the Constitution: Article I, Section 10, paragraph 3: "No State
shall, without the Consent of Congress, lay any Duty of Tonnage, keep
Troops, or Ships of War in time of Peace, enter into any Agreement or
Compact with another State, or with a foreign Power, or engage in War,
unless actually invaded, or in such imminent Danger as will not admit of
delay." It was not Lincoln's fault that several states violated parts of
this section of the Constitution before he issued any orders for any
soldiers to march or for any militia to be called up.

Look at the Constitution: Article I, Section 8, paragraph 15, enumerating
the powers of Congress: "To provide for calling forth the Militia to execute
the Laws of the Union, suppress Insurrections and repel Invasions." Congress
had so provided, and it was the President of the United States who was by
law empowered and required to suppress the insurrection.

Look at the Constitution: Article 2, Section 1, paragraph 8: "Before he
enter on the Execution of his office, he shall take the following Oath or
Affirmation: 'I do solemnly swear (or affirm) that I will faithfully execute
the Office of President of the United States, and will to the best of my
Ability, preserve, protect and defend the Constitution of the United
States.'" I believe that Lincoln was empower and required by his oath of
office to suppress the insurrection.

Now, whether the government of the United States or the government of the
Confederate States had the worse record of violating its principles during
the conduct of the war is another question, and one about which some very
impressive historical literature has been published. I don't know of any
government or any army that ever had a spotless record during wartime. What
happened during the war is also essentially irrelevant to a discussion of
what brought it about.

I hope this doesn't look like raw meat to anybody with sharp teeth.

Brent Tarter
The Library of Virginia
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