To: Johannes Pilch who wrote (348182 ) 1/28/2003 8:28:02 PM From: Lazarus_Long Read Replies (2) | Respond to of 769670 The first union of the original 13 colonies was effected by the Articles of Confederation, adopted in 1781. The articles established a confederation of sovereign states in a permanent union. The "permanence" lasted only until 1788, when 11 states withdrew from the confederation and ratified the new Constitution, which became effective on March 4, 1789. The founding fathers recognized the defects in the Articles of Confederation, learned from these defects, and scrapped the articles in favor of the "more perfect union" found in the Constitution. Nowhere in the Constitution is there any mention of the union of the states being permanent. This was not an oversight by any means. Indeed, when New York, Rhode Island, and Virginia ratified the Constitution, they specifically stated that they reserved the right to resume the governmental powers granted to the United States. Their claim to the right of secession was understood and agreed to by the other ratifiers, including George Washington, who presided over the Constitutional Convention and was also a delegate from Virginia. In his book Life of Webster Sen. Henry Cabot Lodge writes, "It is safe to say that there was not a man in the country, from Washington and Hamilton to Clinton and Mason, who did not regard the new system as an experiment from which each and every State had a right to peaceably withdraw." A textbook used at West Point before the Civil War, A View of the Constitution, written by Judge William Rawle, states, "The secession of a State depends on the will of the people of such a State." Well into the 19th century, the United States was still viewed by many as an experimental confederation from which states could secede just as they had earlier acceded to it. It took a bloody war to prove them wrong. Fascinating Fact: It is significant that no Confederate leader was ever brought to trial for treason. A trial would have brought a verdict on the constitutional legality of secession. Federal prosecutors were satisfied with the verdict that had been decided in battle. civilwar.bluegrass.net False. Lincoln understood that no contract could be broken unilaterally. Nonsense. Commonly, a state can withdraw from an international treaty legally. France withdrew from most of the NATO Treaty. North Korea has withdrawn from the Nuclear Non-Proliferation Pact. The US could unilaterally withdraw from the WTO or NAFTA if it chose. Quebec could legally withdraw from the Canadian Confederation:In Canada, the Supreme Court of Canada has ruled that the secession of Quebec – or any other province – can occur, as long as negotiators respect the basic constitutional principles of federalism, democracy, constitutionalism and the rule of law, and the protection of minorities. law.ualberta.ca Czechoslovaskia split into Slovakia and the Czech Republic. I never said Lincoln did not understand that the Southern states seceded because of the slavery question. He had to; they said so themselves.We know this much because he told us flatly. He told us flatly that slavery was OK by him if the Union could be kept intact with slavery in it. Let me remind you that the war did NOT start because of any state's secession. It started because Lincoln claimed property rights to federal installations in Confederate states. That was unacceptable to the SOuthern states. In particular, Fort Sumter commanded Charleston harbor, one of the South's most important ports. The Southerners fired on it. That started the war. Not secession. In fact, Lincoln at that time made NO claim that the Southern states had no right to secede. Such a claim would have been considered ridiculous. All he claimed was that the property of the Northern Federal gov't remained its property.