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Re: Legal opinions
In Response To: Re: Legal opinions ()

I sorta wondered how long it would be before someone drug out that document. I even can located the website that you took this from, word for word. Now please tell me it means exactly what?

1.) I see nothing that releases the Feds from completing the work and nor do I see anything that states that South Carolina release the Federal government from any and all obligations. In fact

I do note this sentence-- “Provided, That all processes, civil and criminal issued under the authority of this State or any officer thereof, shall and may be served and executed upon the same, and any person there being who may be implicated by law; and that the said land, site and structures enumerated, shall be forever exempt from liability to pay any tax to this state.”

Now as I read this it says nothing about ownership of the fort if all process are not met and that only no taxes will be paid to the state of South Carolina.

2.) Now I do believe that South Carolina left the Union December of 1860 and still work was still being done to Fort Sumter. That being the case the Federal government did not meet its obligation to complete the work in some 26 years. Is that correct?

3.) Since the act of secession was not ruled illegal until 1869, South Carolina was a sovereign nation and could take back her property. But since there was no threat at the time of secession, and an agreement was in the works that Sumter would be left empty, there was no need for the Confederates (South Carolina) to occupy Sumter. It was Anderson who made his move without orders, and Lincoln’s poor handling of the situation that sparked the conflict.

“We, the people of the State of South Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by us in convention on the twenty-third day of May, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also all acts and parts of acts of the General Assembly of this State ratifying amendments of the said Constitution, are hereby repealed; and that the union now subsisting between South Carolina and other States, under the name of the "United States of America," is hereby dissolved. Done at Charleston the 20th day of December, in the year of our Lord one thousand eight hundred and sixty.

D.F. Jamison: Delegate from Barnwell and President of the Convention, and others.

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