Did President Lincoln Break Laws to Keep the Union in TactAnnotated BibliographyJulian Buddy ColemanHistory 552Professor Robert YoungFebruary 28, 2016
C o l e m a n | 2Abraham Lincoln was elected in November of 1860, shortly after seven states seceded from the United States and in March of 1861 when he was inaugurated four more states seceded. The argument put together by the eleven states wanting to secede from the union was that according to the Constitution, the right to secede was stated very clearly that when a state felt that the reining government became oppressive, that it was the right of each state to secede from the governing body. The argument that the United States Government stood on was that states cannot physically separate from the union, the secession of states is unlawful, it was the belief that ifthe government of the United States allowed for the south to secede from the union that not only would the south but the entire union would disintegrate into anarchy. If the south was allowed to secede it would destroy the world’s only existing democracy and thus would prove to the world that government of the people cannot sustain, and lastly that we were all Americans and are not enemies and in some cases were family. The idea of succession is a principle that sometimes the law is not exactly clear on what succession means. When the eleven states made the decision to split from the union it hit hard on the fabric of the Constitution and what the meaning of a country is. Where the confusion came in was when the Constitution was written by the Revolutionary Congress, themen and Thomas Jefferson wrote and adopted the Constitution with the mother land of England in mind, and not it’s borders. So in the mind of southern supporters, no crime had been committed, so the government did not have the right, to punish them, and this principle was accepted and upheld by the Confederacy, and all modern democracies.
C o l e m a n | 3In 1869 after the war the Supreme Court ruled that unilateral secession was unconstitutional. Through history there have been many threats of secession from the union, but only when the eleven Confederate states choose for secession did this actually happen in the United States. It was not until 1869 in the United States Supreme Court made a decision on secession. The United States Supreme Court ruled in Texas v. White that unilateral secession was unconstitutional when done by consent from the state. (1869 U.S. Supreme Court).While both sides of the issue had been debated prior to the Civil War between pro Union and pro secession along with citizens who were still in themiddle of the controversy and then President James Buchanan which refused to take any action that would stop the southern states from secession. President Buchanan did argue against secession claiming that the United States government did not have the constitutional right to stop states from secession (President James Buchanan 1860).