The American Revolution and the Constitutional Convention settled the question of whether states could secede. They could, until President Lincoln upended the settled answer. From Walter E. Williams at lewrockwell.com:
My “Rewriting American History” column of a fortnight ago, about the dismantling of Confederate monuments, generated considerable mail. Some argued there should not be statues honoring traitors such as Robert E. Lee, Stonewall Jackson and Jefferson Davis, who fought against the Union. Victors of wars get to write the history, and the history they write often does not reflect the facts. Let’s look at some of the facts and ask: Did the South have a right to secede from the Union? If it did, we can’t label Confederate generals as traitors.
Article 1 of the Treaty of Paris (1783), which ended the war between the Colonies and Great Britain, held “New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and Independent States.” Representatives of these states came together in Philadelphia in 1787 to write a constitution and form a union.
During the ratification debates, Virginia’s delegates said, “The 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.” The ratification documents of New York and Rhode Island expressed similar sentiments.
At the Constitutional Convention, a proposal was made to allow the federal government to suppress a seceding state. James Madison, the “Father of the Constitution,” rejected it. The minutes from the debate paraphrased his opinion: “A union of the states containing such an ingredient (would) provide for its own destruction. The use of force against a state would look more like a declaration of war than an infliction of punishment and would probably be considered by the party attacked as a dissolution of all previous compacts by which it might be bound.”
To continue reading: Were Confederate Generals Traitors?