In discussions about a Confederate victory in the Civil War the question of recognition is dominated by whether or not the UK and/or France would recognise Southern independence, given how crucial that would be for the war. But I think there's an equally important question that is being left unsaid; would the Union recognise the Confederacy if they won the war?
It's something that's often brushed over, 'of course the Union would recognise the South if they won, they won after all!', but can we be so sure? Just because the rebels win militarily or they have the backing of the Europeans, doesn't necessarily mean the US has to accept that lying down.
Recognition would be a tacit admission that not only was the reunification of the Union now no longer feasible but also would set a legal precedent that the Constitution allows states to secede legally. And there's also the trouble of overlapping territorial claims; Sure you can recognise the Confederacy, but (for example) what becomes of West Virginia, Kentucky, Missouri, and the Indian and Arizona Territories?
And such a thing isn't unprecedented either. Spain didn't recognise the independence of Peru for 53 years after they won their independence from them. And America itself refused to recognise Haiti for 58 years following their own independence. So the Union plugging their ears and being in denial for an extended time over the South's independence isn't so out of the question.
And there's also the question of what kind of internal troubles the US government might get into over the question. What happens if the President recognises the South but Congress disapproves? Or what if the Supreme Court disagrees? Who has the authority within the government to recognise them? Could they revoke recognition if they change their mind? And what does the government do when they finally want to recognise the South without causing a legal nightmare? Would they need a Constitutional Amendment? What would that look like?
And finally, I have to ask; under what circumstances then would the Union recognise the Confederacy? At what point would they have to face reality and grant recognition?
It's an extraordinary case without any precedent in American history. So what do you guys think?
It's something that's often brushed over, 'of course the Union would recognise the South if they won, they won after all!', but can we be so sure? Just because the rebels win militarily or they have the backing of the Europeans, doesn't necessarily mean the US has to accept that lying down.
Recognition would be a tacit admission that not only was the reunification of the Union now no longer feasible but also would set a legal precedent that the Constitution allows states to secede legally. And there's also the trouble of overlapping territorial claims; Sure you can recognise the Confederacy, but (for example) what becomes of West Virginia, Kentucky, Missouri, and the Indian and Arizona Territories?
And such a thing isn't unprecedented either. Spain didn't recognise the independence of Peru for 53 years after they won their independence from them. And America itself refused to recognise Haiti for 58 years following their own independence. So the Union plugging their ears and being in denial for an extended time over the South's independence isn't so out of the question.
And there's also the question of what kind of internal troubles the US government might get into over the question. What happens if the President recognises the South but Congress disapproves? Or what if the Supreme Court disagrees? Who has the authority within the government to recognise them? Could they revoke recognition if they change their mind? And what does the government do when they finally want to recognise the South without causing a legal nightmare? Would they need a Constitutional Amendment? What would that look like?
And finally, I have to ask; under what circumstances then would the Union recognise the Confederacy? At what point would they have to face reality and grant recognition?
It's an extraordinary case without any precedent in American history. So what do you guys think?
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