Search This Blog

Wednesday, February 24, 2010

Remembering The Alamo

Remembering The Alamo
By Chuck Baldwin
February 23, 2010

February 23 marks the anniversary of the beginning of the battle of the Alamo back in 1836. For more than 13 days, 186 brave and determined patriots withstood Santa Anna’s seasoned army of over 4,000 troops. To a man, the defenders of that mission fort knew they would never leave those ramparts alive. They had several opportunities to leave and live. Yet, they chose to fight and die. How foolish they must look to this generation of spoiled Americans.

It is difficult to recall that stouthearted men such as Davy Crockett (a nationally known frontiersman and former congressman), Will Travis (only 23 years old with a little baby at home), and Jim Bowie (a wealthy landowner with properties on both sides of the Rio Grande) really existed. These were real men with real dreams and real desires. Real blood flowed through their veins. They loved their families and enjoyed life as much as any of us do. There was something different about them, however. They possessed a commitment to liberty that transcended personal safety and comfort.

Liberty is an easy word to say, but it is a hard word to live up to. Freedom has little to do with financial gain or personal pleasure. Accompanying Freedom is her constant and unattractive companion, Responsibility. Neither is she an only child. Patriotism and Morality are her sisters. They are inseparable: destroy one and all will die.

Early in the siege, Travis wrote these words to the people of Texas: “Fellow Citizens & Compatriots: I am besieged by a thousand or more of the Mexicans under Santa Anna. . . . The enemy has demanded a surrender at discretion, otherwise the garrison are to be put to the sword . . . I have answered the demand with a cannon shot & our flag still waves proudly from the walls. I shall never surrender or retreat. . . . VICTORY OR DEATH! P.S. The Lord is on our side. . . .”

As you read those words, remember that Travis and the others did not have the A.C.L.U., P.E.T.A., People for the un-American Way, and the National Education Association telling them how intolerant and narrow-minded their notions of honor and patriotism were. A hostile media did not constantly castigate them as a bunch of wild-eyed extremists. As schoolchildren, they were not taught that their forefathers were nothing more than racist jerks.

The brave men at the Alamo labored under the belief that America (and Texas) really was “the land of the free and the home of the brave.” They believed God was on their side and that the freedom of future generations depended on their courage and resolve. They further believed their posterity would remember their sacrifice as an act of love and devotion. It all looks pale now.

By today’s standards, the gallant men of the Alamo appear rather foolish. After all, they had no chance of winning—none. However, the call for pragmatism and practicality was never sounded. Instead, they answered the clarion call, “Victory or death!”

Please try to remember the heroes of the Alamo as you watch our gutless political and religious leaders surrender to globalism, corporatism, and political correctness. Try to recall the time in this country when ordinary men and women had the courage of their convictions and were willing to sacrifice their lives for freedom and independence.

One thing is certain: those courageous champions at the Alamo did not die for a political party or for some “lesser of two evils” mantra. They fought and died for a principle, and that principle was liberty and independence. So did the men at Lexington and Concord. That is our heritage.

Today, however, our national leaders are in the process of turning America over to the very forces that the Alamo defenders gave their lives resisting. On second thought, do they look foolish, or do we?

Beyond that, how much longer do we have before it will become necessary for freedom-loving states such as Texas (and maybe Oklahoma, Montana, Wyoming, New Hampshire, Vermont, or South Carolina) to declare their independence one more time? An argument could be made that Washington, D.C., is considerably more brutish and tyrannical than old Santa Anna ever was. I’m not so sure that it isn’t already time to again hoist the “Don’t Tread On Me” flags, shout “Remember The Alamo,” and renew the faith and courage of William Travis and Patrick Henry.

Accordingly, I strongly recommend that readers study the current series of columns that my son, Tim Baldwin, is writing regarding the historical, constitutional, and legal support for State secession. These columns are brilliantly written and thoroughly documented. No honest person could read these columns and not recognize the right of states to secede. There will be a total of 12 parts to Tim’s thesis. See them at:

Please visit Chuck's web site at http://www.chuckbaldwinlive.com

*If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing audience, donations may now be made by credit card, check, or Money Order. Use this link:
© Chuck Baldwin 



NOTE TO THE READER:
To subscribe, click on this link and follow the instructions:
Chuck Baldwin’s commentaries are copyrighted and may be republished, reposted, or emailed providing the person or organization doing so does not charge for subscriptions or advertising and that the column is copied intact and that full credit is given and that Chuck’s web site address is included.
Editors or Publishers of publications charging for subscriptions or advertising who want to run these columns must contact Chuck Baldwin for permission. Radio or television Talk Show Hosts interested in scheduling an interview with Chuck should contact chuck@chuckbaldwinlive.com
Readers may also respond to this column via snail mail. The postal address is P.O. Box 37070, Pensacola, Florida. When responding, please include your name, city and state. And, unless otherwise requested, all respondents will be added to the Chuck Wagon address list.
Please visit Chuck’s web site at http://www.chuckbaldwinlive.com

Gill Rapoza
Veritas Vos Liberabit


Tuesday, February 23, 2010

A New Age of Jefferson: New Hampshire’s “Free Staters” started it all

A New Age of Jefferson: New Hampshire’s “Free Staters” started it all
By Bernie Quigley
15. Feb, 2010

At the beginning of every movement is a wild bunch. Rowdy workers on the docks in Boston, John Brown and his half-mad family. When historians trace back from Scott Brown to the beginning, they will get to a wild bunch in New Hampshire called the “Free Staters.”

They moved here a few years back and live on the edge of the forest, not more than a handful at first but expecting thousands to follow, intending to start the republic fresh again. And in a way they did. I came to their attention with an article in 2003 titled “A States’ Rights Defense against Dick Cheney” premised on Thomas Jefferson’s Kentucky Resolutions, making the claim that New Hampshire and Vermont need not participate in the war on Iraq without the permission of our state governors.

They had moved up here drawn to our state motto, I think – Live Free or Die. But it was no big ideological thing, more a free-spirited awakening which brought the usual scoffs from the lace curtain MSM and conventional political religionists here in the cold where local politics sometimes seems a substitute for religion. I received an email from one blithe spirit who said that she was basically about “ . . . opposing gun laws, legalizing marijuana and Hillary is a bitch.”

What we had in common was the premise that Thomas Jefferson had recognized the natural state that formed of its own initiative when ideology was removed from the equation. And acknowledged that in the Constitution by declaring that the states had the natural right and the ability to defend themselves against an abusive, arrogant, immoral or delirious federal government.

From then till now, this idea has taken off. I think now it cannot be held back. It will bring us a new breed of politician and a new political generation. It is already doing so.

This thinking first began to move last February when Dan Itse, a New Hampshire state representative, read commentary related to Jefferson and the Kentucky Resolutions and proposed a 10th amendment defense against the Obama administration’s deficit spending; spending so extensive that it would tax future generations. 37 other states immediately followed his initiative.

Then again on April 15, 2009, when the Tea Party revolts started across the country. When Texas governor Rick Perry appeared at one at the Alamo it brought greater legitimacy to this movement. His friend Ted Nugent brought his own inimitable style. Sarah Palin undoubtedly brought this movement nationally when she led support of other governors to the NY 23 race, bridging the Tea Partiers and the mainstream.

Mainstream conservatives and the Tea Partiers need to merge, Palin told Fox’s Greta Van Susteren. “Definitely, they need to merge. I think those who are wanting the divisions and the divisiveness and the controversy — those are the ones who don’t believe in the message. And they’re the ones, I think, stirring it up.”

They have already merged.

The election of Bob McDonnell as Virginia’s governor completed this transformation and fully legitimized the Jeffersonian ideals in Jefferson’s home state. This can be seen now as the new mainstream. The election of Scott Brown insured that Massachusetts and the East would not be left out.

In his speech in response to President Obama’s State of the Union, McDonnell made several references to the singular man of the Enlightenment who awakened the world: “It was Thomas Jefferson who called for ‘A wise and frugal Government which shall leave men free to regulate their own pursuits of industry ….and shall not take from the mouth of labor the bread it has earned…’ He was right.”

Jefferson could awaken us again in 2010 and 2012. And it all started up here in woods of New Hampshire with the Free Staters. Never underestimate the power of a handful of rural red necks, duty-bound, born-again to the Constitution and hell-bent on a free vision of starting the world again. ‘Twas ever thus.



Bernie Quigley [send him email] writes a “Pundit’s Blog” column for “The Hill,” political journal in Washington, D.C. He is a prize-winning writer and has worked more than 30 years as a book and magazine editor, political commentator and book, movie, music and art reviewer. He lives in the White Mountains with his wife and four children. 

Gill Rapoza
Veritas Vos Liberabit


Monday, February 22, 2010

Who’s Afraid of “Interposition”?

William N. Grigg
Thursday, February 18, 2010

Those who are mystified by the political concept called “interposition” can find a very compelling tutorial in a vignette from Larry McMurtry’s novel Lonesome Dove.

Led by former Texas Rangers Augustus McRae and Woodrow Call, the men of the Hat Creek Cattle Company left their village of Lonesome Dove, Texas to drive a herd of cattle to Montana. During a brief stop to replenish supplies and give their horses a rest, the cowboys encounter a small party of soldiers. Their commander, one Captain Weaver, approaches a Hat Creek Co. employee named Dish Boggett and explains that he seeks to “requisition” Boggett’s horse, along with any others the soldiers find suitable.

After Boggett replies that his horse isn’t for sale, Weaver tries to intimidate the man and his friends by saying that defying the U.S. Army is “treason” and that they could be hung. Once again, Weaver demands the animal, and once again Boggett refuses to sell it.

At this point, Weaver lets Dixon, his Army Scout, off the leash. The malodorous wretch beats Boggett to the ground and moves to steal his horse. This prompts young Newt—a teenager who more than carried his weight in the company—to intervene, grabbing the reins of Boggett’s horse and reminding the scout that the animal, an item of private property, was not for sale and not the government’s to take by force.

Newt’s act is a form of peaceful interposition in defense of his friend’s property rights. His reward is to be assaulted by the infuriated scout, who repeatedly lashes the young man with a quirt. From across the plaza, Woodrow Call - who had been shopping at a dry goods store—spies the assault on Newt, his only son (a fact not known to the young man).

After quickly saddling up and dashing on horseback the length of the town, Newt’s infuriated father knocks Dixon from his horse. Woodrow dismounts, kicks Dixon in the teeth—and then he gets rude.

A blacksmith’s shop nearby yields a branding iron that Woodrow wields as a club. His anger not abated, Woodrow then grabs the scout by collar and belt and hurls him, face-first, into an anvil. A pair of tongs then finds its way into Woodrow’s hands. He is approaching the battered and bloodied bully with lethal intent when he is lassoed by his best friend, Augustus, who drags Woodrow away to let his fury dissipate.

“I can’t stand rude behavior in a man,” Woodrow politely explains to a group of stunned settlers who had witnessed the incident. “I won’t tolerate it.”

In addition to being the most beautiful scene in American literature, this episode illustrates several applications of the principle of interposition—the lawful, necessary intervention by one person in defense of the rights of another.

Newt interposed to protect his friend’s horse; Woodrow intervened with righteous violence to protect Newt from the Army scout’s criminal assault.

It could also be said that Augustus interposed on behalf of the scout by preventing his friend Woodrow from exceeding his moral authority: Yes, Dixon deserved a stout beating, but killing him outright would have been disproportionate.

By threatening the use of lethal violence against those who refused to surrender their property, the fictional Captain Weaver made explicit the implicit threat made every day by his analogues in real life. In terms of both morality and the law, Boggett’s refusal to sell or surrender his horse ended the matter. The violence that ensued was an entirely credible dramatization of what happens when agents of the state’s killing apparatus refuse to take “no” as the final answer to a demand for the legal property of a law-abiding man.

By using the term “law” we are not referring to the positivist enactments through which governments plunder the productive on behalf of the parasitical, and inflict criminal violence on anyone who objects; rather, we are referring to what Frederic Bastiat described as “the collective organization of the individual right to lawful defense.”

While providing for that common defense is supposedly the purpose of government, it is government that most consistently threatens individual rights and property. Interposition could be considered a form of “citizen’s arrest”—that is, an action taken to arrest criminal aggression by government. The most basic form of interposition is defensive physical action, whether through peaceful non-cooperation or lawful exercise of defensive violence.

In political terms, interposition is an organized effort to accomplish the same end by way of deputized representatives. In the U.S. constitutional system, interposition can take the form of nullification of unconstitutional federal acts by a state government, or of the application of an unjust “law” by a jury (as in “jury nullification”).

Critics of the concept treat it as either an invention of fringe-dwelling conspiracists or the disreputable refuge of race-fixated segregationists. Typical of such people is self-styled “expert” on extremism David Neiwert (the author of a deeply silly and incurably dishonest book on “hate politics”), who—exhibiting his proprietary blend of ignorance and mendacity—refers to interposition and nullification as concepts supposedly created by the “militia movement” in the 1990s.

The truth, which is readily available to anyone with a library card (or access to Google) and a mind not shackled by statist prejudices, is that those concepts were first propounded centuries ago in England, and that they are part of the warp and weave of the U.S. constitutional system. The Magna Carta is the product of interposition. The pseudonymously published 17th Century Puritan tract Vindiciae contra Tyrannos (elements of which clearly anticipate the Declaration of Independence), describes interposition by legislative bodies as a critical means of restraining a lawless king’s corrupt ambitions.

The most systematic and compelling exposition of interposition and nullification was provided by Thomas Jefferson and James Madison—neither of whom was among the living during the much-hyped “militia” scare of the mid-1990s—in their 1798 Kentucky and Virginia Resolutions, which were enacted by the legislatures of those states in opposition to the Alien and Sedition Acts.

The December 1798 Virginia Resolution condemned the Alien and Sedition Acts as an exercise of a power “no where delegated to the federal government” and subversive of “the general principles of free government,” including “the Liberty of Conscience and of the Press.” In the face of such usurpation, the states that created the federal government as their agent “have the right, and are in duty bound, to interpose for arresting the progress of the evil [represented by those Acts], and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”

Kentucky’s Resolution, which had been passed earlier, addressed the same concerns described in Virginia’s measure and focused particularly on the Alien Act, which provided for the deportation of non-citizens arbitrarily deemed to be threats to the “peace and safety of the United States.” The Kentucky measure declared that “alien friends are under the jurisdiction and protection of the laws of the State wherein they are [and] that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from the power over citizens.”

In 1814, shortly before the end of a disastrous war with Great Britain, delegates from New England States met in Hartford, Connecticut. Using the same constitutional reasoning Madison himself had invoked in 1798, the Hartford delegates discussed the possibility of seceding from the Union as a way of interposing on behalf of constituents whose livelihoods and liberties were imperiled by “Mr. Madison’s war.”

Among the possible actions contemplated by the delegates was enactment of state measures nullifying federal laws “which shall contain [any] provision subjecting the militia or other citizens to forcible drafts, conscriptions, or impressments....”

From this we see that the concepts of nullification and interposition were not created by southern politicians seeking to preserve Jim Crow, as we’re told by Neiwert and other self-ordained pontiffs of “progressivism.” In fact, they were most forcefully articulated in opposition to war and conscription, and in defense of civil liberties and the rights of unpopular minorities.

Either out of deliberate deceit, incurable ignorance, or some alloy of the same, Neiwert acts as if this history is of no relevance to the current controversy over nullification.

In fact, when former federal judge Andrew Napolitano observed that state legislatures have the authority to enact health freedom measures intended to nullify Obama’s proposed “health care” legislation, Neiwert’s reflexive response was to traduce the judge as a proto-Klansman, rather than to engage his argument in the fashion of a practicing adult. (In a moderated debate with Judge Napolitano, Neiwert would be whipped more thoroughly than a pint of heavy cream in a French pastry shop.)

If so much as a particle of honesty resided within Neiwert he would acknowledge that many of George W. Bush’s left-leaning critics, to their credit, re-discovered the merits of the “states’ rights” perspective during his reign. Some of them eagerly practiced nullification and interposition ala carte, particularly with respect to the so-called USA PATRIOT act.

In early 2002, the municipal government of Ann Arbor claimed the honor of being the first to enact a resolution urging outright nullification of key sections of that odious act; by 2005, hundreds of other municipal, county, and state governments had passed similar resolutions of their own.

Somehow those entirely commendable acts of nullification and interposition were spared the indignant condemnation of Neiwert and other anti-“hate” activists, who now insist that invocation of those principles is a rhetorical “dog whistle”—a type of political code used by cunning racists seeking a PR-friendly way to rile up their vast and stealthy constituency.

Likewise, during the late, unlamented Bush era, some 30 major U.S. cities enacted “sanctuary city” measures forbidding local police to enforce federal immigration laws. Unlike opposition to the PATRIOT (sic) act during the Bush era, and to much of the Obama administration’s agenda today, the “Sanctuary City” movement was obviously and undeniably rooted in racial politics, as practiced by foundation-funded (and often federally supported) ethnic lobbies such as MALDEF and La Raza. Yet those racially tinged acts of nullification and interposition—a form of city-by-city secession from a national immigration policy—escaped censure by Neiwert and other self-appointed titans of tolerance.

The desire for power frequently begets petty hypocrisy, which is among the world’s most tragically abundant resources. Just as many of yesterday’s leftist dissidents now treat political nonconformity as a species of treason, many of those who denounce the current president as a domestic enemy would have considered such rhetoric a Gitmo-worthy offense just a few years ago.

Many of yesterday’s most strident “peace” activists are either deferentially silent, or dutifully supportive, as their president slays thousands of innocent foreigners via remote control. Likewise, many (by no means all) of those who condemn Obama’s orgy of federal spending are recent converts to the church of public austerity, having endured eight years under the reign of the equally profligate Bush without audible complaint.

The problem here, of course, is that both sides in this manufactured conflict are manipulated by power-obsessed people into defining the enemy in “horizontal” rather than “vertical” terms; that is, the real threat consists of “those people” over there, rather than those who presume to exercise power over all of us. Rather than seeking an end to the Leviathan State, each side seeks to control its coercive appendages while protecting its own interests in the cynical and entirely misplaced confidence that the powers they surrender to the state today won’t be pitilessly deployed against them tomorrow.

There are at least a few campaigns that offer some modest cause for optimism:

Ø      Former Arizona Sheriff Richard Mack, who insists that the only legitimate function of peace officers is the protection of person and property (he denounces most “law enforcement” as “taxation by citation”) has finding at least some traction in his campaign to educate county sheriffs regarding their duty to interpose on behalf of constituents threatened by federal agencies, including—no, especially—the IRS.

Ø      *New Hampshire’s Free State Project is seeking to cultivate an agorist society through both electoral politics and creative acts of peaceful non-cooperation with the state.

Ø      South Carolina state representative Mike Pitts, who obviously has absorbed some of the lessons taught by the Ron Paul “End the Fed” movement, has proposed legislation to forbid the use of the Regime’s fraudulent script (Federal Reserve Notes, commonly called “dollars”) as legal tender in the Palmetto State. Although it is entirely symbolic at present, that measure may acquire substance as the collapse of the Regime’s fiat currency accelerates.

Ø      The Second Vermont Republic has not confined itself to symbolic repudiation of the Regime’s currency. That movement, which promotes peaceful withdrawal from Washington’s empire, has minted a silver token with a face value of $25. Last month, the movement announced that it would field nine candidates for state-wide office, including gubernatorial candidate Dennis Steele.

A veteran of the U.S. Army, Steele reduces his political program to the essentials: The bastards who are running things are not getting his sons.

“I see my kids going off to fight in wars for empire 10, 15, 20 years from now,” Steele told Time magazine. Think of Captain Woodrow Call racing to rescue his son Newt, and you’ve got a good picture of Steele’s motivations.

That’s interposition in its most elemental form. In what sense is this difficult to understand?



An Entirely Inadequate “Thank You”
I am profoundly thankful for the incredibly generous help my family has received during the last week—not just the donations of any size (all of which are tremendously helpful), but also the kind notes, prayers, and very useful advice. While I intend to express thanks individually, I wanted to acknowledge your kindness in public. On behalf of Korrin and our kids—thank you.

Gill Rapoza
Veritas Vos Liberabit


Sunday, February 21, 2010

“Spiritual Wickedness In High Places”

Hello Everyone,

I certainly see a lot of truth in this one.  It is time now as much as ever for much of the “church” and the nation to first repent, then step up and make it right.  This can only be done through Great God Almighty!

Godspeed,

Gill Rapoza
Veritas Vos Liberabit



“Spiritual Wickedness In High Places”
By Chuck Baldwin
February 17, 2010

Almost immediately after Adam’s fall, Lucifer and his minions collaborated with evil men to usurp God’s authority and sovereignty. And nowhere is God more sovereign than in the heart and conscience of man. In the spirit world, the First Commandment (“Thou shalt have no other gods before me”) is the battleground that is most fought over. The war for man’s heart and soul is never-ending.

Nimrod was the first would-be tyrant to try and bring the world into a global “New World Order.” His handiwork produced the Tower of Babel, which brought about a cataclysmic judgment from Jehovah. However, while Nimrod was the first globalist to try and unify the nations against God, he was certainly not the last. The Pharaohs, Darius, Artaxerxes, Cyrus, Alexander, Nebuchadnezzar, the Caesars, and hundreds like them have all brought their tyrannical rule over the hearts of men. And their ideas and passions are as alive and active in the world today as ever.

With every would-be world tyrant, there is one constant: the unholy marriage between a supranational government and Big Religion. If Jehovah God made anything clear in the Mosaic model of government, it was the fact that—until Christ Himself comes to occupy both offices—the offices of Priest and King were to be eternally separate. At least one Old Testament Jewish king learned that lesson the hard way.

Yet, Big Government and Big Religion have always come together for the purpose of enslaving the masses. The devilish duo of Big Government and Big Religion killed the Old Testament prophets. They hung Jesus on the cross and persecuted the early Church. They murdered masses during the Dark Ages; they managed the Holocaust; and their obnoxious offspring are still at work today. This criminal cabal has been the bane of genuine faith and personal liberty since the beginning of time.

When Colonial America fired that shot heard around the world and fought their way to independence, they broke free, not only from the political domination of the Crown, but also from the religious domination of a State Church. No longer would citizens be required to join a particular church in order to hold public office. No longer would citizens be required to financially support churches and institutions they deemed to be offensive to their spiritual convictions. No longer could a religious institution use the power and force of civil government to subjugate men to its tenets and, yes, tentacles. Indeed, the apostate kingdom created by Constantine’s spiritual whoredom ended at the eastern shore of America!

And dare I say that I am proud of my Anabaptist forebears for helping to embed the principle of religious liberty into American law and jurisprudence? Indeed, I am! What many Americans do not know (and what many militant secularists refuse to acknowledge) is that it was the influence of the Colonial Baptists—most notably, the Baptist minister John Leland—that was most responsible for the First Amendment being added to the US Constitution.

Therefore, it is more than disturbing when I see evangelical Christians being seduced by the ancient Big Government/Big Religion whorish union today. How can any true Gospel preacher accept federal Faith-Based Initiative monies, except that he has either lost all understanding of what freedom truly means, or is willing to sacrifice the sacred principles of liberty upon the altar of his own selfish interests? How can any true Gospel preacher not realize that Big Religion has always conspired with tyrannical governmental forces against the true Gospel message? Why are they so blind to these devilish conspiracies? At the highest levels of virtually every major religion, the conspiracy to hijack truth and enslave the masses is constantly at work, whether it is Catholicism, Judaism, or Protestantism.

This is what the Apostle Paul warned about in Ephesians 6:12. “For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”

Of course, the “rulers of the darkness of this world” are demonic. But it is also an absolute certainty that these demonic forces accomplish their devilish deeds through evil men who are given to “spiritual wickedness in high places.”

Was not the spiritual netherworld complicit in helping to construct Nimrod’s Tower of Babel? Was not spiritual wickedness at work when Pharaoh murdered the little children of the Hebrews? Were not dark principalities at work when Nebuchadnezzar ordered everyone to bow to the image of the Babylonian leader? When the Lord Jesus called Jewish King Herod a “fox,” was not He acknowledging Herod’s complicity with evil? Were not spiritual powers aiding and abetting the Jewish Sanhedrin when they moved the crowd to crucify the Son of God? When the early Church was being persecuted, was not spiritual wickedness at work? When nonconforming Christians were thrown to the lions and sawn asunder, were not their tormentors influenced by these same rulers of darkness? Of course they were!

Then, why is it so difficult for modern Christians—especially our pastors and preachers—to understand that this unholy union of Big Government and Big Religion is as evil and sinful today as it ever was? Why are they unwilling to recognize that the same devilish system that plagued the Church throughout the ages—suspended only temporarily by the successful revolution for American independence—is rearing its ugly head again? Why are they unwilling to believe that many of America’s leaders (from both parties) routinely give themselves to luciferian rituals, such as those annual dances around the fire at the Bohemian Grove? Why is it so hard to believe that we have leaders (from both parties) who have given themselves to dark, secret societies, such as Skull and Bones? Why are they not suspicious when certain religious schools and institutions repeatedly produce many of the leaders (from both parties) who seem to universally take America down the same path of globalism?

As most Christians should know, The Beast of Revelation is as much a SYSTEM as it is a person. As the Apostle John warned, the “spirit of antichrist … even now already is it in the world.” (I John 4:3) He also warned, “Even now are there many antichrists.” (I John 2:18)

Any Big Government/Big Religion system that seeks to bring nations into global unity, enshrine a politically correct theology of universalism, establish Church/State uniformity, and marginalize independent, nonconformist ideology is nothing more than the emergence of another Tower of Babel or Beast-like system! And, dear Christian friend, has it occurred to you that our central government in Washington, D.C., is currently engaged in all of the above?

Both political parties—including most of our national leaders and news media—actively promote globalism; universalism is, without a doubt, the unofficial—but clearly understood—national religion; and anyone who holds nonconformist views (i.e., pro-life, Jesus-only theology, anti-UN, anti-illegal immigration, questioning official government explanations of national tragedies, etc.) is being viciously ridiculed, impugned, and marginalized by virtually everyone in the national press corps and central government. Yes, I am saying it, THE BEAST IS EMERGING IN WASHINGTON, D.C.!

The powers that be in both Big Government and Big Religion want to control both our hearts and our minds. They cannot tolerate dissent. Mind you: they do not care if one is Republican or Democrat, because at the national level, both major parties are marching in the same beastly direction. They do not care if one is conservative or liberal, because the leaders of both camps are, likewise, marching in lockstep to the tune being played by The Beast. They do not care if one is Jewish, Catholic, or Protestant, because at the highest levels, these religions are committing whoredom with The Beast.

If a pastor or preacher is going to be true to his calling today, he must be willing to adopt the philosophy of the late, great Charles Haddon Spurgeon, who said, “The more prominent you are in Christ’s service, the more certain are you to be the butt of calumny [slander]. I have long ago said farewell to my character. I lost it in the earlier days of my ministry by being a little more zealous than suited a slumbering age. And I have never been able to regain it except in the sight of Him who judges all the earth, and in the hearts of those who love me for my work’s sake.”

Any desire for promotion, pleasure, riches, or fame will quickly make one a servant of The Beast. And, I’m afraid, that is exactly what many of today’s pastors and preachers have become.

The fight for independence was as much for the freedom of the heart and mind as it was for the freedom of a State or nation. In fact, one cannot enslave the latter until he first enslaves the former. And this is what is currently at stake: the freedom of the heart and soul to be governed by God and no other! And this battle will never be won—at least not nationally—as long as Christians and pastors are unwilling to recognize the enemy for what it is: “spiritual wickedness in high places.”

*If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing audience, donations may now be made by credit card, check, or Money Order. Use this link:

© Chuck Baldwin 



NOTE TO THE READER:
To subscribe, click on this link and follow the instructions:
Chuck Baldwin’s commentaries are copyrighted and may be republished, reposted, or emailed providing the person or organization doing so does not charge for subscriptions or advertising and that the column is copied intact and that full credit is given and that Chuck’s web site address is included.
Editors or Publishers of publications charging for subscriptions or advertising who want to run these columns must contact Chuck Baldwin for permission. Radio or television Talk Show Hosts interested in scheduling an interview with Chuck should contact chuck@chuckbaldwinlive.com
Readers may also respond to this column via snail mail. The postal address is P.O. Box 37070, Pensacola, Florida. When responding, please include your name, city and state. And, unless otherwise requested, all respondents will be added to the Chuck Wagon address list.
Please visit Chuck’s web site at http://www.chuckbaldwinlive.com

Gill Rapoza
Veritas Vos Liberabit


Saturday, February 20, 2010

A Concurring Opinion for Secession, Parts 3 - 5

Hello Everyone,

Here are parts 3 through 5 of Tim Baldwin’s writings on his opinion concerning the legalities of secession. 

As always, it is not something we ever strive for, but it is good to know the rules, just in case.  Looks like there will be more parts.  I have not decided if I will continue with the series.  I think we have the idea.  It will depend on the feedback

Veritas Vos Liberabit,

Gill Rapoza



A Concurring Opinion For Secession, Part 3
by Timothy Baldwin
February 11, 2010

Anti-Secessionist Argument #2: The US Constitution Is Not a Federal Compact of States/Bodies-Politic, but Is an Independent Government Formed by One People/Body-Politic, Without Regard to State Powers.

This position is in actuality the main crux of the unionists. The reason that unionists must rely on this argument is because if in fact the constitution is a federal compact assented to by the states in their individual and independent capacity as a sovereign state, then political maxims held true in American jurisprudence prove that those same states may secede from the union in like manner that they entered: through the UNILATERAL action of that body-politic.

Definition of “State”

Before moving forward on the substance of this topic, we must understand what a “State” is. “[S]tates are bodies politic, societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength. Such a society has her affairs and her interests; she deliberates and takes resolutions in common; thus becoming a moral person, who possesses an understanding and a will peculiar to herself, and is susceptible of obligations and rights.” Vattel, 67; See Also, 2 Burlamaqui, Part 1, ch. 4, sec. 9. The word “state” itself has a legally and politically operative meaning, including the duties and rights to protect, preserve and perfect itself perpetually.

Many people confuse or misapply “states” to mean “state governments” (normally in a condescending manner, like, “those evil state governments!”) This is simply not true. A state is a moral person (a natural law concept) composed of a complete society with rights inherent in that political composition, such that the state acts as one person under the authority of that society of people; possessing rights and obligations. So, when the question is asked, was the US Constitution created by States or “the people,” that is an incorrectly and uneducated form of a question. The question should be this: was the US Constitution formed by the people of several states as individual bodies-politic, or was it formed by the people as one body-politic? To answer this question, the definitions and applications must be understood properly.

Another important matter that has to be understood is the Equal Footing Doctrine. I have heard some people attempt to argue that even if the original thirteen states were sovereign, all of the new states that joined the union were never sovereign and should not be treated as such under the constitution. They attempt to undermine the sovereignty of states today, as if state sovereignty has sort of expired over time. (This is fitting since most federal politicians attempt outdate the true meanings of the constitution itself. Is it any wonder that the people are confused on this as well?) This theory is pure nonsense. It contradicts the Equal-Footing Doctrine, which says, “a state admitted to the Union after 1789 enters with the same rights, sovereignty, and jurisdiction within its borders as did the original 13 states.” Bryan A. Garner, ed., Black’s Law Dictionary, Abridged Seventh Edition, (St. Paul, MN: West Group, 2000), 441. This has been repeatedly confirmed by the US Supreme Court:

“This Union was and is a union of States, equal in power, dignity and authority, each competent to exert that residuum of sovereignty not delegated to the United States by the Constitution itself…[T]here is to be found no sanction for the contention that any state may be deprived of any of the power constitutionally possessed by other states, as states.” Coyle v. Smith, 221 U.S. 559 (1911) (emphasis added).

While you may want your state to be dependent on the federal government so you can help destroy the states and grant more power to the almighty Fed, this does not mean that the other states do, nor does it mean that your state is not sovereign in its powers.

The Importance of the Issue

Let me state the conclusion first: the US Constitution was formed NOT by one body-politic of one American nation, but rather, the US Constitution was formed by individual, several and separate bodies-politic of states through their ASSENT in the form of a FEDERAL COMPACT. The conclusions drawn from this fact reach into the very heart of issue of secession. But you need not take my word for the issue stated. Consider one of the United States’ most well-known and respected statesmen–one who advocated against the right to secede: Daniel Webster.

During the early 1800s, this very issue of secession was being highly debated, and Daniel Webster was the main spokesman for the unionist’s position. In his public discourse against John Calhoun regarding the nature of the union, secession and nullification, Webster held strong and firm on the conclusion that the states’ do not have a right to secede. In response to South Carolina’s resolution in 1817, “That, as in all other cases of Compact among Sovereign parties, each has an equal right to judge for itself, as well of the infraction as of the mode of redress,” Webster puts the anti-secessionists/nullification position this way: “this conclusion [in favor of nullification and secession] requires for its support…accession and of Compact between Sovereign powers; and, without such premises, it is altogether unmeaning.” Alexander Stephens, A Constitutional View of the War Between the States, 307. Put inversely, “this conclusion requires for its support accession and of Compact between Sovereign powers; and with such premises, it is altogether meaning.”

To Webster, proving secession would require turning “the [constitution] into a mere compact between sovereign states.” Daniel Webster, American History Leaflets, Colonial and Constitutional, Ed. Albert Bushnell Hart and Edward Channing, No. 30, Constitutional Doctrines of Webster, Hayne and Calhoun, (November, 1896), 39. To be certain, Webster’s unionist’s views were based upon the notion that the US Constitution was NOT a federal compact assented to by sovereign states, but rather was an independent, sovereign, self-sustaining government created by one body-politic to the exclusion of the states and their agents (state governments).

Indeed, Webster was viewed as the “‘Great Expounder of the Constitution,’ with the Consolidationists of that day.” Stephens, 337. As will be seen, Webster’s argument and his credentials on this matter are significant, because several years later after the Webster-Calhoun debates, Webster completely changed his stance on state sovereignty and the right to secede, as I will detail later.

In truth, Joseph Story was correct when he stated, “[t]hese are momentous questions, and go to the very foundation of every government founded on the voluntary choice of the people; and they should be seriously investigated, before we admit the conclusions, which may be drawn from one aspect of them.” Joseph Story, Nature of the Constitution – Whether A Compact, Book 3, Chapter 3, sec. 332. These questions so momentous because were it accepted that the US Constitution was in fact a federal compact created by the assent of sovereign states, then the resulting conclusion would confirm that those states have the right to secede from the compact thus formed, as expressed by the expounders of the Law of Nations.

Assent of the States

So, did the states (individual and several bodies-politic) assent to the US Constitution as a federal compact, or did the people as one mass body-politic create an independent and perpetual government at the expense or exclusion of state sovereignty, power and authority, removing from their power the right to secede from the union? In truth, every aspect of the ratification of the US Constitution was federal in nature, meaning, formed by existing independent and sovereign states (and even all of the elections regarding the federal government today are conducted on state levels, not that a mode of election determines sovereignty–it was just an observation). The people of the states preferred the federal form of government because they knew the natural law maxim that every state should “avoid…whatever might cause its destruction,” for this most conforms to the principles of freedom and self-government. Emer De Vattel, The Law of Nations, (Indianapolis, IN, Liberty Fund, 2008), 88.

Most certainly forming one nation under one body-politic would destroy the states and would have created a worse situation for the states than they were facing under Great Britain. At least with Great Britain, their tyrant was 3,000 miles across an ocean. Forming a consolidated sovereignty in your home town was pure madness. It was largely for this reason that many people of the states proposed an even more divested system of delegated power for external purposes. They advocated that the union be composed of not one union of states, but of several unions of states, and this was during a time when only thirteen states existed, being comprised of only a few millions of people. (Now we have 50 states and hundreds of millions with hardly any commonality to speak of! When will your reason begin to apply the maxims of freedom to our current situation?)

“[W]e must of necessity resort to separate confederacies of distinct portions of the whole.” Alexander Hamilton, FP 1.

“[It is] suggested that three or four confederacies would be better than one.” John Jay, FP 2.

“[The States should be] divided into several confederacies… The ideas of men who speculate upon the dismemberment of the empire seem generally turned toward three confederacies.” Alexander Hamilton, FP 13.

“[There are] advocates for three or four confederacies.” John Jay, FP 5.

Please, do not make the mistake of equating “union” to “freedom.” This is a serious fallacy and has been the ploy of tyrants who would seek to accrue power to themselves by consolidating sovereignty into what always becomes untouchable and unreachable. Governments and unions are only instituted to protect freedom. Where those governments and unions no longer serve their purpose, the people who possessed the power to join that union have the power to disjoin.



A Concurring Opinion For Secession, Part 4
by Timothy Baldwin
February 15, 2010

(Continued) Anti-Secessionist Argument #2: The US Constitution Is Not a Federal Compact of States/Bodies-Politic, but Is an Independent Government Formed by One People/Body-Politic, Without Regard to State Powers.

Perhaps one of the best sources to determine whether the states voluntarily assented to a federal compact or whether the whole people created a perpetual federal government at the exclusion of the state’s right to secede is the states’ ratification documents themselves. “[T]he publication of the Proceedings and Debates of the states must, at least, be useful [to determine] what the states really intended to grant to the general government.” Elliot, Elliot’s Debates, Preface to the First Edition, vol. 1, iv. Let us see what just a few of the states declared to the world they were doing:

States’ Ratification Declarations

Delaware:

“We, the Deputies of the People of Delaware State…have approved, assented to, ratified, and confirmed, and by these presents do…fully, freely, and entirely approve of, assent to, ratify and confirm, the said Constitution.” Stephens, 207-208 (emphasis added). Here it is clear: the state of Delaware assented to the Constitution.

Pennsylvania:

“In the Name of the People of Pennsylvania. Be it known unto all men, that we, the Delegates of the people of the Commonwealth of Pennsylvania…have assented to and ratified…the foregoing Constitution for the United States of America.” Stephens, 209 (emphasis added. Note: the constitution was ratified for the states.)

Connecticut:

“In the name of the People of the State of Connecticut. We, the Delegates of the people of said State…pursuant to an Act of the Legislature…have assented to, and ratified, and by these presents do assent to, ratify and adopt the Constitution…FOR the United States of America.” Stephens, 227-228 (emphasis added).

Roger Sherman of Connecticut--one of the five in the committee in Congress that drafted the Declaration of Independence and the only person to sign all four great state papers of the U.S.: the Continental Association, the Declaration of Independence, the Articles of Confederation and the Constitution--understood the ratification of the constitution to be a federal compact, assented to by sovereign states, such that the state legislatures retained all powers to resist federal tyranny through nullification and secession. Sherman says:

“But, says the honorable objector, if Congress levies money, they must legislate. I admit it. Two legislative powers, says he, cannot legislate on the same subject in the same place. I (Roger Williams) ask, why can they not? It is not enough to say they cannot. I wish for some reason [to] grant that both [State and Federal] cannot legislate upon the same object at the same time, and carry into effect laws which are contrary to each other…It is vain to say they cannot exist, whey actually have done it…I am for coercion by law—that coercion which acts only upon delinquent individuals. This Constitution does not attempt to coerce Sovereign bodies, States, in their political capacity.” Stephens, 229-231 (emphasis added by author).

If states may not nullify, resist or in any way contradict the federal government except as through the US S CT or alternatively through three-fourths of the states, then Sherman (who undoubtedly was very familiar with all of the U.S. freedom documents) advocated a very erroneous and even fraudulent proposition to his people, that the Constitution did not allow the federal government to coerce sovereign bodies of States in their political capacity. And if he was so ignorant, how much more incredible would be any of the founders’ position on the matter, such that there would be no certainty whatsoever even to what the definition of the word “is” is. But if the states can nullify, then they can do so based upon the limitations placed upon the federal government and upon the retained sovereignty of the states. Upon that same basis, secession is with their right.

Massachusetts

“Commonwealth of Massachusetts. The Convention having impartially discussed, and fully considered, the Constitution for the United States of America…[and] of entering into an explicit and solemn compact with each other, by assenting to and ratifying a new Constitution, in order to form a more perfect union…do, in the name and in behalf of the people of the Commonwealth of Massachusetts, assent to and ratify the said Constitution for the United States of America.”
Stephens, 233 (emphasis added).

Is there any mistake here? Massachusetts expressly declared to the world that they were forming a federal compact by their voluntary assent FOR the United States.

Virginia

Perhaps you need more confirmation. If so, you would like to know that the people of Virginia expressly stated in their ratification document that:

“[T]he powers granted under the Constitution, being derived from the people of the United States, may be resumed by them, whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them, and at their will; that, therefore, no right, of any denomination, can be cancelled, abridged, restrained, or modified by the Congress, by the Senate or House of Representatives, acting in any capacity, by the President, or any department or officer of the United States.” Stephens, 254-255 (emphasis added).

With that understanding, Virginia did “assent to and ratify the Constitution.” Stephens, 255. Virginia simply expressed the political understanding of what the US Constitution was: a federal compact assented to by sovereign states, which had the power to recall all powers granted to the federal government under that compact, when those people deemed their union to be destructive to the ends of government. Notice as well that they could recall those powers “at their will,” meaning at any time, with or without any other state’s consent.

To deny this right, authority and power of a state to unmake the constitution that it alone formed for its body-politic is one of the most egregious and unconscionable acts that could be done against a state. In truth, “[s]overeignty is, doubtless, the most precious [right of a state].” Vattel, 289. 

I could expound the remaining states’ ratification documents, but the truth has already been revealed and would continue to be so by referring to the other ratification documents: the constitution was a federal compact formed by the assent of sovereign states. What is obvious as well in all of the states’ ratification documents is that they were acting as a State on behalf of the State. They were not acting as one body-politic with the other states. The US Constitution confirms this by requiring only 9 of the 13 states to ratify.

If “one nation” existed, why did Congress allow four of the states to abandon the union at that time? After all, the Articles of Confederation expressly stated it was “perpetual,” yet four states were allowed to secede by not rejoining the union? This contradicts the assertion (made by Lincoln and other unionists) that the states were never sovereign or independent. This is pure nonsense. Indeed, the remaining four states could act as they desired independently of all other states, because each state acted for itself as a sovereign state.



A Concurring Opinion For Secession, Part 5
by Timothy Baldwin
February 15, 2010

(Continued) Anti-Secessionist Argument #2: The US Constitution Is Not a Federal Compact of States/Bodies-Politic, but Is an Independent Government Formed by One People/Body-Politic, Without Regard to State Powers.

Federalist Papers

This matter of state ratification was in fact a concern, such that, the states wanted to be certain that their ratification was known to be an assent to a federal compact and would not be misconstrued any other way, since as Hamilton admitted, “the States [did not] prefer a national Constitution.” FP 16. Madison addressed the following regarding the actual formation of the constitution:

“[T]he Constitution is to be founded on the…assent and ratification…as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. The act, therefore, establishing the Constitution, will [be a] FEDERAL act… Each State, in ratifying the constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act.” James Madison, FP 39 (emphasis added).

Later in his discussion, James Madison admits that the US Constitution is a federal compact and recognized that the states would likely dissolve the compact where the US S CT did not interpret the constitution correctly:

“The decision [by the tribunal] is to be impartially made, according to the rules of the Constitution; and all the usual and most effectual precautions are taken to secure this impartiality. Some such tribunal is clearly essential to prevent an appeal to the sword and a dissolution of the COMPACT.” James Madison, FP 39 (emphasis added).

Proving the point even further regarding the nature and character of the union, James Madison proclaims that the US Constitution was based upon the same principles of the federal compact in the Articles of Confederation:

“The truth is, that the great principles of the Constitution proposed by the convention may be considered less as absolutely new, than as the expansion of principles which are found in the Articles of Confederation.” James Madison, FP 40 (emphasis added). “In a confederacy founded on republican principles, and composed of republican members, the superintending government ought clearly to possess authority to defend the system against aristocratic or monarchial innovations.” James Madison, FP 43 (emphasis added).

Observe: the US Constitution expands the principles of the Articles of Confederation--NOT contradicts them! How can the union go from a federal compact of sovereign states (which is readily admitted to exist under the Articles of Confederation) to a one-body-politic-national government (whereby the states lose all practical sovereignty, confirmed by their success in declaring and winning independence) and still maintain the principles of the Articles of Confederation? What nonsense and absurdity. And this statement was coming from a man biased towards consolidation. If Madison was baiting-and-switching the states, we have a serious problem here (talk about detrimental reliance!) and any constitutional constructions should be held in the light most favorable to those states that were assured they were assenting to a federal compact. The federal government most certainly should not be given the advantage of trickery, subterfuge and fraud.

The fact is, the men attending the constitutional convention acknowledged that the US Constitution would preserve a confederacy form of government, whereby the states retained sovereignty of Nations, just as they did under the Articles of Confederation: “Congress, intent upon the present and future security of these United States, has never ceased to consider a confederacy as the great principle of union.” Jonathon Elliot, Elliot’s Debates, vol. 1 (Philadelphia, PA, Lippincott Co., 1891), 68 (emphasis added). For this reason, Madison was correct to state that the principles forming the US Constitution were the same as for the Articles of Confederation: a federal compact formed by the assent of sovereign states.

US Constitution: A Confederate Republic Maintained

These states knew exactly what they were assenting to when they ratified the constitution: a Confederate Republic. This was readily admitted and known throughout the states and was admitted by even those nationalists, such as Madison and Hamilton. Likewise, founding father James Wilson of Pennsylvania (who was a delegate at the constitutional convention and advocate for ratification in the state convention) says this in the Pennsylvania state convention about the nature of the union under the proposed constitution:

“[I]t was well known, that, however the citizens of the United States might with pleasure submit to the legitimate restraints of a Republican Constitution, they would reject with indignation the fetters of despotism. What, then, was to be done? The idea of a Confederate Republic presented itself.” Stephens, 211.

Quoting well-known philosopher, Charles Montesquieu, Wilson describes that the US Constitution would “have ‘all the internal advantages of a Republic, together with the external force of a monarchical Government.’ Its description is a ‘Convention, by which several states agree to become members of a larger one.” Stephens, 211-212 (emphasis added). The US Constitution was clearly understood to be a Confederate Republic, just as the Articles of Confederation was--a federal compact formed by the assent of sovereign states as several members of a union. Wilson did not describe the union as the whole people forming one nation under one government.

Likewise, Madison referred to the union under the US Constitution as “members of the Confederacy” throughout the federalist papers and Hamilton even held that “the confederacy (under the US Constitution) may be dissolved, and the confederates (that is, the states) preserve their sovereignty…[The proposed Constitution] would still be an association of states, or a confederacy…[with the states possessing] certain exclusive and very important portions of sovereign power.” Alexander Hamilton, FP 9 (emphasis), citing Charles Montesquieu, The Spirit of Laws, vol. 1, book ix., chap. i (1752) (parenthesis added).  

A federal compact was not and is not without significant meaning and understanding. Vattel, perhaps the premier authority in this regard, characterizes a federal compact this way:

“[S]everal sovereign and independent states may unite themselves together by a perpetual confederacy, without ceasing to be, each individually, a perfect state. They will constitute a federal republic: their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements. A person does not cease to be free and independent, when he is obliged to fulfill engagements which he has voluntarily contracted.” Vattel, 84.

Daniel Webster’s Change of Position

As I noted above, in Webster’s earlier political career, he was one of the most (if not the most) articulate and well-known spokesman for the shrinking of states’ rights, especially their right to nullify and secede. However, after years of intense discussion on the subject, Webster actually dropped out of the debate; and several years later, we see that Webster changed his tune completely.

In The Bank of Augusta vs. Earle (1839), Webster argued before the US Supreme Court regarding the nature of the general government and the state governments in their relation to each other. Here are Webster’s arguments in part:

“It is argued, that though this law of comity exists as between Nations, it does not exist between the States of this Union…In respect to this law of comity, it is said, States are not Nations; they have National Sovereignty; a sort of residuum of Sovereignty is all that remains to them. The National Sovereignty, it is said, is conferred upon this [Federal] Government, and part of the municipal Sovereignty. The rest of the municipal Sovereignty belongs to the States…

“I cannot follow in this train of his argument. I can make no diagram, such as this, of the partition of National character between the State and General Governments. I cannot map it out, and say, so far is National, and so far is municipal; and here is the exact line where the one begins and the other ends…

“There is no such thing as arranging these Governments of course by the laws of gravitation, so that they will be sure to go on forever without impinging…I am not prepared to say that the States have no National Sovereignty.

“The term ‘Sovereignty’ does not occur in the Constitution at all. The Constitution treats States as States, and the United States as the United States; and, by a careful examination, declares all the powers that are granted to the United States, and all the rest are reserved to the States…The States of this Union, are subject to all the voluntary and customary laws of Nations.” Stephens, 390-391 (emphasis added by author).

Daniel Webster could not have said this on public record before the US Supreme Court had he not been enlightened as to the true character and nature of the union. And in fact, Webster’s arguments were accepted by the United States Supreme Court, as they found that the “states of the Union are sovereign states.” Bank of Augusta vs. Earle, 38 U. S. 519, 520 (1839). In Webster’s argument, he even used the Law of Nations’ maxims expounded by Emer De Vattel in his most highly-regarded Law of Nations. From this same authoritative source on the subject, we see the crucial importance of sovereignty in a federal constitutional republic:

“Of all rights that can belong to a nation, sovereignty is, doubtless, the most precious, and that which other nations ought the most scrupulously to respect, if they would not do her an injury.” 
Vattel, 289.


For this reason we can emphatically say, Webster’s statements and the US S CT’s ruling regarding the National Sovereignty of the States in this union are more telling than many would care to admit, because it certainly carries with it the rights of the States to secede from this federal union. Eventually, this was the very conclusion that Daniel Webster came to in 1851, when he declared:

“How absurd it is to suppose that when different parties into a Compact for certain purposes, either can disregard any one provision, and expect, nevertheless, the other to observe the rest! I intend, for one, to regard, and maintain, and carry out, to the fullest extent, the Constitution of the United States, which I have sworn to support in all its parts and all its provisions…A bargain cannot be broken on side and still bind the other side…I am as ready to fight and to fall for the Constitutional rights of Virginia, as I am for those of Massachusetts.” Stephens, 404

Effect of Answer

So again, what is the effect of the union being a federal compact assented to by sovereign states? The effect is what the unionists deny: that each state has the right to judge for itself whether the compact has been breached and what remedies it will institute and seek, namely, secession. When these facts are recognized, this is the conclusion:

“It depends on the state itself to retain or abolish the principle of representation, because it depends on itself whether it will continue a member of the Union. To deny this right would be inconsistent with the principle of which all our political systems are founded, which, that the people have in all cases, a right to determine how they will be governed…

“The secession of a state from the Union depends on the will of the people of such state. The people alone, as we have already seen, hold the power to alter their constitutions. But in any manner by which a secession is to take place, nothing is more certain than that the act should be deliberate, clear, and unequivocal. To withdraw from the Union is a solemn, serious act. Whenever it may appear expedient to the people of a state, it must be manifested in a direct and unequivocal manner.” William Rawle, A View of the Constitution of the United States of America, (Dahlonega, GA, Crown Rights Book Co., [1825] 1998), 296, 302. 

So in truth, “We the People” did in fact form a more perfect union, but it was not as one body-politic. Instead, it was as the preamble to the constitution says, “We the People OF the United STATES,” where each state decided for itself to make a constitution for that body-politic, and those people alone can determine whether they will unmake that constitution for that body-politic.  

These are the principles of limited government. These are the principles of true checks against federal tyranny. These are the principles of a federal compact and federal republic. These are the principles of the Declaration of Independence. These are the principles of freedom. The next article will address, Anti-Secessionist Argument #4: Only the U.S. Supreme Court has the power to determine the lawfulness of a State’s Power and Authority to Secede.


Gill Rapoza
Veritas Vos Liberabit