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Re: Washington vs Lincoln
In Response To: Re: Washington vs Lincoln ()

I believe Chase ruled that Texas was a sovereign state...

"But the perpetuity and indissolubility of the Union, by no means implies the loss of distinct and individual existence, or of the right of self-government by the States. Under the Articles of Confederation each State retained its sovereignty, freedom, and independence, and every power, jurisdiction, and right not expressly delegated to the United States. Under the Constitution, though the powers of the States were much restricted, still, all powers not delegated to the United States, nor prohibited to the States, are reserved to the States respectively, or to the people."

Chase never talked about the sovereignty of the Confederacy, only that the ordinance of secession was not legally recognized by his court. The United States did not have any legal or moral power over the Confederacy during its existance. The United States did not recognize the Confederate States sovereignty, but had no power to practice its own sovereignty over those states. The Confederacy derived its sovereignty from its people, not the United States government or it's Supreme Court. Chase annoyed the U.S. Government by his ruling because at the time Texas was being reconstructed and was being treated as a territory, not a state of the United States.

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David Upton

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