Josh The Lighthouse Guy
Major
- Joined
- Apr 30, 2012
- Location
- Jupiter, FL
I'm reading an essay by Jean Baker in James Buchanan and the Coming of the Civil War.
The essay elaborates on Buchanan's belief that, although secession was illegal, he had no power stop it. Buchanan argued that, under the 1795 and 1807 Militia Acts, the federal government could only intervene if a federal officer (federal marshal or district judge) within a seceding state formally requested such intervention. Since all such individuals had resigned their positions, there was nobody with authority to ask for federal intervention.
Under this novel interpretation...
1. Rather than mass resignations, if a conspiratorial plot had assassinated all the marshals and judges within a state, wouldn't that have also prevented federal intervention? In other words, according to Buchanan's logic, the federal government could not legally stop a state being taken over by a well-executed coup.
(Secession was not a coup; it did not overthrow the existing state governments and it represented the will of the majority of the people in the seceding states. I'm simply offering another scenario in which no federal officer might be available to request help.)
2. What was to stop Buchanan from appointing new federal marshals and judges to fill the vacancies caused by the resignation, who could then formally request help?
3. Does that mean if a single federal marshal or federal judge had not resigned, that official could have called upon Buchanan to intervene? Does this factor into the Upper South's decision not to secede until after Fort Sumter and the Militia Acts had already been invoked?
4. Did this argument factor into Lincoln's decision not to call for volunteers until after the firing on Fort Sumter? Did Lincoln ever comment on Buchanan's reasoning?
The essay elaborates on Buchanan's belief that, although secession was illegal, he had no power stop it. Buchanan argued that, under the 1795 and 1807 Militia Acts, the federal government could only intervene if a federal officer (federal marshal or district judge) within a seceding state formally requested such intervention. Since all such individuals had resigned their positions, there was nobody with authority to ask for federal intervention.
Under this novel interpretation...
1. Rather than mass resignations, if a conspiratorial plot had assassinated all the marshals and judges within a state, wouldn't that have also prevented federal intervention? In other words, according to Buchanan's logic, the federal government could not legally stop a state being taken over by a well-executed coup.
(Secession was not a coup; it did not overthrow the existing state governments and it represented the will of the majority of the people in the seceding states. I'm simply offering another scenario in which no federal officer might be available to request help.)
2. What was to stop Buchanan from appointing new federal marshals and judges to fill the vacancies caused by the resignation, who could then formally request help?
3. Does that mean if a single federal marshal or federal judge had not resigned, that official could have called upon Buchanan to intervene? Does this factor into the Upper South's decision not to secede until after Fort Sumter and the Militia Acts had already been invoked?
4. Did this argument factor into Lincoln's decision not to call for volunteers until after the firing on Fort Sumter? Did Lincoln ever comment on Buchanan's reasoning?
Bringing the