There has to be some deed, or contract to lease the property in question, doesn’t there?
I’d like to see it before I attempt to make a concrete statement on the issue.
All subjects are not treated equally. Garrisoning troops within the sovereign borders of another nation is considered an act of war if you don’t do it with their permission… That is, negotiate for the right.
Which wouldn’t have applied since the State in question had seceded from the Union.
Yep, you’re right. And that would be important if, at the time, SC was part of the Union. It wasn’t.
The fact that the articles of confederation were perpetual, and specified as much, gives me reason to believe that the Constitution was not, because it did not specify as much. Further, since NY and VA reserved the right to withdraw from the union at any time, it can be assumed that any state had the same right, and SC used that right.
Therefore Article 1 doesn’t apply to a sovereign nation-State.
The difference is, we’re occupying Cuban territory. Our perspective is that we have a really, really long lease, and we’ve been making the payments, too bad if the Castros refuse to capture them. Cuba’s perspective is that negotiations with the previous government are null and void, and that we’re illegally occupying Cuban land, and that we refuse to negotiate. That very well could be legitimate cause for forceful action (I don’t mean “war,” although in the Cuban case, it would be the result, as it was for the Confederacy).