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The Civil War, tried in court

Home › Forums › The U.S. Civil War › The Civil War, tried in court

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  • April 17, 2013 at 12:45 am #3509 Reply
    Klausewitz19
    Participant

    A question if i might, if the issue of separation of the States, or Dis Union if You will, was decided in a neutral court, lets say Australia for the sake of argument, what would have been the outcome?

    April 17, 2013 at 2:36 pm #28705 Reply
    scout1067
    Participant

    Good luck finding a neutral court.  If I accept your premise I would argue that Union would have trumped secession in a neutral court.

    April 17, 2013 at 2:39 pm #28706 Reply
    DonaldBaker
    Participant

    The South would lose.  Southerners had the biggest hand in creating the Constitution and therefore, would be laughed out of court.

    April 17, 2013 at 3:55 pm #28707 Reply
    Notch
    Participant

    This is why war happened. The premise would be the same as the American colonists taking their case to this “neutral” court against the King. They are subjects of Britain, bound by the Kings laws. So, if a disagreement cannot be settled in this manner the result is war.The South could get the Union to acquiesce, so war it was.Personally, I think the South had legitimate gripes, but their legal ground was shaky at best.

    June 30, 2013 at 6:46 am #28708 Reply
    Daniel
    Participant

    Based on the political philosophy on which the United States was found–that the just powers of gov't come from the consent of the governed–I think the South would have/should have won.However, the South did not elect to take their case to court.  Instead they took it to the battle field (firing on Ft. Sumter was a huge error) and consequently must accept the decision they received:  the Union is indissoluble.

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