@Setanta,
Setanta wrote:They were spoiling for a fight even before Lincoln was elected. John Floyd, a Virginian, was Buchanan's Secretaryof War until he resigned at the end of December, 1860. During 1860, he shipped more than 100,000 muskets from the St. Louis Arsenal to armories in the South--and did it quite illegally, too. Article One, Section 8 give Congress the power to provide for arming the militia. Floyd, as an executive branch employee, had no authority to ship the muskets without congressional approval or an act of congress.
I disagree with your legal conclusion.
The President has Constitutional authority to deposit federal military assets
into any State of his choice. The Secretary of War acted in furtherance of power delegated from the President.
Note that (with no interference from Article I Section 8)
around approximately 1920, Congress enacted the Civilian Marksmanship Program,
by whose terms the Director of Civilian Marksmanship was to encourage gunnery competitions thru out America,
particularly in its public schools (competitive teams)
and to sell military assets to the civilian population.
(I bought a
mint .3O caliber M-1 Carbine for $2O and a Colt .45 caliber 1911 automatic pistol for $12.)
Obviously, the Director is and was employed in the Executive Branch of the federal g.
Setanta wrote: He not only shipped the muskets, he actively encouraged state authorities to send him requests for muskets. The South was looking for a fight long before it started.
The true stupidity is that had the South remained in the Union, no constitutional power could have deprived them of their slaves. While by now, there would have been enough votes in Congress to propose an amendment (it takes two thirds of both houses), if the eleven states which actually seceded along with the four border states--Delaware, Maryland, Kentucky and Missouri--failed to ratify, there would not be enough states to ratify such an amendment. Their political stupidity knew no bounds. John Breckenridge, Kentucky's favorite son and Buchanan's Vice President, ran against Stephen Douglas and the other two candidates (there were four in1860), thus splitting the Democratic Party and assuring the election of Lincoln.
Even had the North simply followed Winfield Scott's advice--"Go, wayward Sisters"--the South was screwed, because slaves who could escape could have gone north, and the South could not have enforced the fugitive slave laws. Crossing into United States Territory to attempt to recapture slaves would inevitably lead to incidents which probably would have lead to war.
What a bunch of pea-wits.
YES. That 's very true.
It appears that thay believed that thay were a lot stronger than thay proved to be, in the end.
David