The year is 1868 and Jewish American expat Judah P. Benjamin has just been officially called to the English Bar to practice law as a barrister. At 54 years old, this was a bit unconventional, but more extraordinary is that Judah had been, just a few short years before, the Confederate States of America’s first Attorney General (1861), second Secretary of War (1861-1862), and third (and final) Secretary of State (1862-1865).
After evading arrest by fleeing to the Bahamas and Cuba, Judah P. made his way to London without so much more than his cravat where he called in a few favors and, in 1866, secured membership at Lincoln’s Inn, one of the four Inns of Court, i.e. legal guilds, necessary to be licensed to practice law in England. Upon being called to the bar, Judah began a thriving legal career establishing a fearsome and influential reputation before the Privy Council, which also served as Canada’s high court.
While there is no direct record that Judah advised any Canadian politicians on secession, his fingerprints—and the spirit of the Confederacy—are indelible upon the Canadian founding era.
Canada’s Founding
Canada didn’t fight a war against Mother Britannia for its sovereignty, but—characteristic of the ever etiquette minded Kanuks—it asked politely. The British North America Act of 1867 established the Canadian Federation out of the three British Canadian provinces of Canada, Nova Scotia, and New Brunswick, with the Province of Canada being split into Ontario and Quebec. Now, if you are familiar with the Great White North, you’ll know that one of these is not like the other.
Quebec! Quebec! C’est pas une province, c’est une nation, tabarnak!1
The BNA set the stage for the arctic Frenchies to assert their self-determination whenever they finally had enough of tolerating the sound of Canadian English. See, in a way, the BNA was a reaction to the United States Civil War. England wanted to ensure that the provinces had just enough home rule to be placated, but that they would be in a legal structure in which they were ultimately at the beck and call of the Crown. But, in doing so, it did recognize that the provinces had some autonomy. And we all know the French believe that just a little autonomy is more than enough to take things to the next level.
Quebecois liberté!
It’s now 1998, and calls for Quebecois independence have been percolating for a few decades. Quebecois secessionists ran a veritable guerilla war the whole decade of the 1960s, culminating in the Marxist group Front de libération du Québec (FLQ) kidnapping a British diplomat and Quebecois minister, forcing cuckold in chief Trudeau to invoke war time measures and suspend civil liberties.
The secessionist Parti Québécois wins its first seat in 1976.
In 1980, Quebec has its first vote on secession—60% No.
There are more lackluster attempts at constitutional reform.
And in 1995, Quebec votes on secession for the second time—49.42% Yes versus 50.58% No.
Following this razor thin loss, the Supreme Court of Canada hears the case Reference re Secession of Quebec in 1998 wherein the court considered the question of whether Quebec could unilaterally secede from Canada under either Canadian or International Law.
Viva Secession
While the Supreme Court of Canada ruled that Quebec did not have the unilateral right to secede, it did hold that
“A clear expression of the will of the population of a province to secede from Canada would confer a legitimacy on the effort that all parties would have to recognize.”
“The democratic principle ... means that a clear majority vote in Quebec on a clear question in favour of secession would create a reciprocal obligation on all parties to confederation to negotiate constitutional changes to respond to that desire.”
“The negotiation process must be conducted with good faith and a recognition of the rights of all parties.”
Judah P. Benjamin may as well have spoken from the grave.
Sure, Quebec can’t “unilaterally” secede. But “unilateral” secession is a bit of a technicality anyway. While the Southern States may have seceded unilaterally, the Confederacy did seek to negotiate with the United States for the purchase of federal property within Southern borders, a division of the national debt, and diplomatic and peaceful recognition. The Canadian Supreme Court more or less said that this kind of negotiation is what would be required should a province vote to secede.
But Lincoln preferred for over 600,000 white men and approximately 1 million blacks to die in the bloodiest conflict that America has ever seen. C’est du grand n’importe quoi.2
Unfortunately, tis all so much blood under the bridge.
The question for us today is
how did the Canadian Supreme Court co-sign peaceful secession in 1998????
Yea, you guessed it, my boi Judah P.
See, Judah was a killer barrister. He became THE expert on British commercial law, publishing A Treatise on the Law of Sale of Personal Property in 1874 which became the default textbook on the subject in Britain and Canada. This means that a Confederate laid the foundation of the modern understanding of contract, mutual obligations, and negotiation in British and Canadian law.
As a Confederate, Judah fully believed that the United States Constitution was a Compact between independent sovereign States, i.e. VOLUNTARY, rather than a magical death cult blood oath whereupon entry you are doomed to remain INDIVISIBLE FOREVER.
Let’s compare:
Judah P. Benjamin (U.S. Senate, Dec 31, 1860):
“The Union was founded on compact; it was founded on consent, and when consent is withdrawn, the compact is at an end.”
🇨🇦 Supreme Court of Canada (para 88):
“A clear expression of the will of the population of a province to secede from Canada would confer a legitimacy on the effort that all parties would have to recognize.”
Benjamin (1861, Address to Confederate Congress):
“We seek no conquest, no aggrandizement, no concession of any kind from the States with which we have lately confederated, but to leave them in peace to govern themselves.”
🇨🇦 Secession Reference (para 88):
“The democratic principle ... means that a clear majority vote in Quebec on a clear question in favour of secession would create a reciprocal obligation on all parties to confederation to negotiate constitutional changes to respond to that desire.”
Benjamin (1858, Senate Speech):
“You cannot make a sovereign State the mere instrument of a central authority.”
🇨🇦 Secession Reference (para 72):
“The principle of federalism recognizes the diversity of the component parts of Confederation, and the autonomy of provincial governments to develop their societies within their respective spheres.”
Benjamin (quoted in Senate, Dec 1860):
“We are not revolutionists; we are not rebels. We are resisting revolution. We are defending our inherent rights.”
🇨🇦 Secession Reference (para 32):
“The Constitution is more than a written text. It embraces unwritten, organizing principles that are essential to understanding the context of the document itself.”
The 51st and 52nd States
So, while Carney begs Trump not to call Canada the 51st state, the two provinces that unequivocally rejected his leadership, Alberta and Sasquatch, ought to
Hold secession referendums and vote YES,
Hold referendums to join the US and vote YES, and
Apply for Admission to the U.S. Under Article IV, Section 3
Under Reference re Secession of Quebec (1998), the Canadian government is bound to follow good-faith negotiations and accept this course of events.
Alberta and Sasquatch would the the 23rd and 45th largest states, respectively. MAGA gains +4 solid Senate seats and approximately +8 House seats.
HERE AT DOG AND PONY SHOW WE CALL THAT A GREAT WHITE BIGLY VICTORY!
REST IN PEACE JUDAH P.
THE SOUTH WILL RISE AGAIN
It’s not a province, it’s a nation, damn it!
(Literal: "This is great nonsense." / Idiomatic: "This is complete madness.")
Canadian rednecks, remembering their southern US Jew heritage, joins America as the 51st state. Its new name makes it invulnerable to criticism: “Super Israel”
This is taking things in the wrong direction. I want secession, damn it.