Unconstitutional Abe

[MerryPrankster]

Like I said before the people of the nation had twice before made their feelings known that secession was akin to treason. The Federal government had no choice but to treat secession as illegal. To do any otherwise was to allow the destruction of all that they had taken the oath to protect and serve.

And the point I raised is that "the people of the nation" were far more divided on the matter than you said. If squashing the South became popular, it was after Fort Sumter, since technically the South "started it."

Furthermore, allowing the South to secede would not mean the "destruction" of what they fought to protect. Reduction (of the number of states in the Union) yes, destruction of the Union, no.

It is true that the Supreme Court ruled secession illegal in 1867 (I think). However, the Court had not ruled in 1861 and thus secession could be an implied power (10th Amendment) of the states. Furthermore, was the Court under any kind of pressure in 1867?

 

[Derek Jackson]

It is true that an overwhelming proportion of Americans in 1861 would be seen as racist in 2007.

However in most cases a person labeled 'An Abolitionist' meant more than simply opposing slavery and in many cases involved opposing racism.

A factor in the anger of the North was the extremism of the Dredd Scott decision.

In OTL people who had for decades been happy to use Federal power to drag people back to slavery and cruelty decided not to appeal to law but to open fire on United States forces.