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They missed the most obvious proof that secession is legal under our Constitution: Jefferson Davis was not tried for treason after the War of Northern Aggression. A trial would have found him not guilty as well as shown that Lincoln’s invasion was an illegal act of war under the Constitution.
David DeGerolamo
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If you are interested in the historical argument for the legal defense that was prepared in anticipation of Mr Davis’ trial, a compelling and thoroughly readable reprint is available:
The Republic of Republics
$30.00
by Bernard Janin Sage
originally published in 1878
paperback (oversized); 578 pages
This is one of the most comprehensive treatises ever published on the doctrine of State sovereignty and the inherent right of a State to secede from the Union. Written by a New Orleans lawyer who was to have been one of Jefferson Davis’ counsel in the treason trial which never occurred, this book compiles extensive quotations from the earliest American statesmen, both before and after the ratification of the Constitution in 1789, which prove beyond all argument that the American people were never organized into a consolidated democracy, but had existed in their colonial condition as separate political bodies and continued to do so after their independence from Great Britain. The author singles out the tortured logic of Webster and Lincoln for heavy criticism, and shows that allegiance and treason are terms which have no meaning constitutionally if not in reference to a sovereign State. Also included are nine lengthy appendices outlining the ordaining acts of the original thirteen States in the Union, the changes made to the Constitution by the Southern States in 1861, the original forms of the Tenth Amendment, a review of Alexander Stephens’ Constitutional View of the War Between the States, etc.
http://confederatereprint.com/product_info.php?products_id=93