Re: Secession's Legality (fwd)

Richard Lowe (fd78@jove.acs.unt.edu)
Wed, 31 Aug 1994 12:43:28 -0500

---------- Forwarded message ----------
Date: Wed, 31 Aug 94 10:50:05 EST
From: Rex Bontrager <REXB%PURCCVM@UICVM.UIC.EDU>
To: Civil War History discussion list <H-CIVWAR@UICVM.UIC.EDU>
Subject: Re: Secession's Legality

On Tue, 30 Aug 1994 j_epperson@storm.simpson.edu said:
> The Supreme Court, in Texas v. White (7 Wall. 700 [1869]), ruled that
>secession was unconstitutional.

I have two points regarding this:

1. When Texas applied for statehood, I thought its constitution
explicitly reserved the power to secede and that Congress agreed
to such. Is this true? Did the Supreme Court consider this fact
when determining the above case?

2. Was martial law in effect when the Supreme Court decided the above
case? Court decisions take different turns depending on whether
civil or martial law is in effect, and the decisions only apply
within the venue in which those decisions are made.

In particular,

a. Via what document did Lincoln declare martial law?
What were the details of that declaration?

b. Was Lincoln's declaration of martial law ever officially ended?
If so, by whom? when? via what document?
Note that withdrawal of troops from the streets of occupied
territory does not constitute an official termination of martial
law.

Rex Bontrager
Bitnet: rexb@purccvm
Internet: rexb@vm.cc.purdue.edu
Phone: (317) 494-1787 ext. 256