Offered
in a large mass meeting of the people of Botetourt county, December 10th, 1860,
by the Hon. John J. Allen, President of the Supreme Court of Virginia, and
adopted with but two dissenting voices.
The people of Botetourt county, in general meeting
assembled, believe it to be the duty of all the citizens of the Commonwealth,
in the present alarming condition of our country, to give some expression of
their opinion upon the threatening aspect of public affairs. They deem it
unnecessary and out of place to avow sentiments of loyalty to the constitution
and devotion to the union of these States. A brief reference to the part the
State has acted in the past will furnish the best evidence of the feelings of
her sons in regard to the union of the States and the constitution, which is
the sole bond which binds them together.
In the controversies with the mother country, growing out of
the efforts of the latter to tax the colonies without their consent, it was
Virginia who, by the resolutions against the stamp act, gave the example of the
first authoritative resistance by a legislative body to the British Government,
and so imparted the first impulse to the Revolution.
Virginia declared her independence before any of the
colonies, and gave the first written constitution to mankind.
By her instructions her representatives in the General
Congress introduced a resolution to declare the colonies independent States,
and the declaration itself was written by one of her sons.
She furnished to the Confederate States the father of his
country, under whose guidance independence was achieved, and the rights and
liberties of each State, it was hoped, perpetually established.
She stood undismayed through the long night of the
Revolution, breasting the storm of war and pouring out the blood of her sons
like water on almost every battle-field, from the ramparts of Quebec to the
sands of Georgia.
By her own unaided efforts the northwestern territory was
conquered, whereby the Mississippi, instead of the Ohio river, was recognized
as the boundary of the United States by the treaty of peace.
To secure harmony, and as an evidence of her estimate of the
value of the union of the States, she ceded to all for their common benefit
this magnificent region—an empire in itself.
When the
articles of confederation were shown to be inadequate to secure peace and
tranquility at home and respect abroad, Virginia first moved to bring about a
more perfect union.
At her instance the first assemblage of commissioners took
place at Annapolis, which ultimately led to the meeting of the convention which
formed the present constitution.
This instrument itself was in a great measure the production
of one of her sons, who has been justly styled the father of the constitution.
The government created by it was put into operation with her
Washington, the father of his country, at its head; her Jefferson, the author
of the Declaration of Independence, in his cabinet; her Madison, the great
advocate of the constitution, in the legislative hall.
Under the leading of Virginia statesmen the Revolution of
1798 was brought about, Louisana was acquired, and the second war of
independence was waged.
Throughout the whole progress of the republic she has never
infringed on the rights of any State, or asked or received an exclusive
benefit.
On the contrary, she has been the first to vindicate the
equality of all the States, the smallest as well as the greatest.
But claiming no exclusive benefit for her efforts and
sacrifices in the common cause, she had a right to look for feelings of
fraternity and kindness for her citizens from the citizens of other States, and
equality of rights for her citizens with all others; that those for whom she
had done so much would abstain from actual aggressions upon her soil, or if
they could not be prevented, would show themselves ready and prompt in
punishing the aggressors; and that the common government, to the promotion of
which she contributed so largely for the purpose of "establishing justice
and insuring domestic tranquility," would not, whilst the forms of the
constitution were observed, be so perverted in spirit as to inflict wrong and
injustice and produce universal insecurity.
These reasonable expectations have been grievously
disappointed. Owing to a spirit of pharasaical fanaticism prevailing in the
North in reference to the institution of slavery, incited by foreign emissaries
and fostered by corrupt political demagogues in search of power and place, a
feeling has been aroused between the people of the two sections, of what was
once a common country, which of itself would almost preclude the administration
of a united government in harmony.
For the kindly feelings of a kindred people we find
substituted distrust, suspicion and mutual aversion.
For a common pride in the name of American, we find one
section even in foreign lands pursuing the other with revilings and reproach.
For the religion of a Divine Redeemer of all, we find a religion of hate
against a part; and in all the private relations of life, instead of fraternal
regard, a "consuming hate," which has but seldom characterized
warring nations.
This feeling has prompted a hostile incursion upon our own
soil, and an apotheosis of the murderers, who were justly condemned and
executed.
It has shown itself in the legislative halls by the passage
of laws to obstruct a law of Congress passed in pursuance of a plain provision
of the constitution.
It has been manifested by the industrious circulation of
incendiary publications, sanctioned by leading men, occupying the highest
stations in the gift of the people, to produce discord and division in our midst,
and incite to midnight murder and every imaginable atrocity against an
unoffending community.
It has displayed itself in a persistent denial of the equal
rights of the citizens of each State to settle with their property in the
common territory acquired by the blood and treasure of all.
It is shown in their openly avowed determination to
circumscribe the institution of slavery within the territory of the States now
recognizing it, the inevitable effect of which would be to fill the present
slaveholding States with an ever increasing negro population, resulting in the
banishment of our own non-slaveholding population in the first instance and the
eventual surrender of our country, to a barbarous race, or, what seems to be
desired, an amalgamation with the African.
And it has at last culminated in the election, by a
sectional majority of the free States alone, to the first office in the
republic, of the author of the sentiment that there is an "irrepressible
conflict" between free and slave labor, and that there must be universal
freedom or universal slavery; a sentiment which inculcates, as a necessity of
our situation, warfare between the two sections of our country without
cessation or intermission until the weaker is reduced to subjection.
In view of this state of things, we are not inclined to
rebuke or censure the people of any of our sister States in the South,
suffering from injury, goaded by insults, and threatened with such outrages and
wrongs, for their bold determination to relieve themselves from such injustice
and oppression, by resorting to their ultimate and sovereign right to dissolve
the compact which they had formed and to provide new guards for their future
security.
Nor have we any doubt of the right of any State, there being
no common umpire between coequal sovereign States, to judge for itself on its
own responsibility, as to the mode and measure of redress. The States, each for
itself, exercised this sovereign power when they dissolved their connection
with the British Empire.
They exercised the same power when nine of the States
seceded from the confederation and adopted the present constitution, though two
States at first rejected it.
The articles of confederation stipulated that those articles
should be inviolably observed by every State, and that the Union should be
perpetual, and that no alteration should be made unless agreed to by Congress
and confirmed by every State.
Notwithstanding this solemn compact, a portion of the States
did, without the consent of the others, form a new compact; and there is
nothing to show, or by which it can be shown, that this right has been, or can
be, diminished so long as the States continue sovereign.
The confederation was assented to by the Legislature for
each State; the constitution by the people of each State of such State alone.
One is as binding as the other, and no more so.
The constitution, it is true, established a government, and
it operates directly on the individual; the confederation was a league
operating primarily on the States. But each was adopted by the State for
itself; in the one case by the Legislature acting for the State; in the other
"by the people not as individuals composing one nation, but as composing the
distinct and independent States to which they respectively belong."
The foundation, therefore, on which it was established was federal, and the State, in the exercise
of the same sovereign authority by which she ratified for herself, may for
herself abrogate and annul.
The operation of its powers, whilst the State remains in the
Confederacy, is national; and
consequently a State remaining in the Confederacy and enjoying its benefits
cannot, by any mode of procedure, withdraw its citizens from the obligation to
obey the constitution and the laws passed in pursuance thereof.
But when a State does secede, the constitution and laws of
the United States cease to operate therein. No power is conferred on Congress
to enforce them. Such authority was denied to the Congress in the convention
which framed the constitution, because it would be an act of war of nation
against nation-not the exercise of the legitimate power of a government to
enforce its laws on those subject to its jurisdiction.
The assumption of such a power would be the assertion of a
prerogative claimed by the British Government to legislate for the colonies in
all cases whatever; it would constitute of itself a dangerous attack on the
rights of the States, and should be promptly repelled.
These principles, resulting from the nature of our system of
confederate States, cannot admit of question in Virginia.
Our people in convention, by their act of ratification,
declared and made known that the powers granted under the constitution being
derived from the people of the United States, may be resumed by them whenever
they shall be perverted to their injury and oppression.
From what people were these powers derived? Confessedly from
the people of each State, acting for themselves. By whom were they to be resumed
or taken back? By the people of the State who were then granting them away. Who
were to determine whether the powers granted had been perverted to their injury
or oppression? Not the whole people of the United States, for there could be no
oppression of the whole with their own consent; and it could not have entered
into the conception of the convention that the powers granted could not be
resumed until the oppressor himself united in such resumption.
They asserted the right to resume in order to guard the
people of Virginia, for whom alone the convention could act, against the
oppression of an irresponsible and sectional majority, the worst form of
oppression with which an angry Providence has ever afflicted humanity.
Whilst, therefore, we regret that any State should, in a
matter of common grievance, have determined to act for herself without
consulting with her sister States equally aggrieved, we are nevertheless
constrained to say that the occasion justifies and loudly calls for action of
some kind.
The election of a President, by a sectional majority, as the
representative of the principles referred to, clothed with the patronage and
power incident to the office, including the authority to appoint all the
postmasters and other officers charged with the execution of the laws of the
United States, is itself a standing menace to the South—a direct assault upon
her institutions—an incentive to robbery and insurrection, requiring from our
own immediate local government, in its sovereign character, prompt action to
obtain additional guarantees for equality and security in the Union, or to take
measures for protection and security without it.
In view, therefore, of the present condition of our country,
and the causes of it, we declare almost in the words of our fathers, contained
in an address of the freeholders of Botetourt, in February, 1775, to the
delegates from Virginia to the Continental Congress, "That we desire no
change in our government whilst left to the free enjoyment of our equal
privileges secured by the constitution; but that should a wicked and tyrannical
sectional majority, under the sanction of the forms of the constitution,
persist in acts of injustice and violence towards us, they only must be
answerable for the consequences."
"That liberty is so strongly impressed upon our hearts
that we cannot think of parting with it but with our lives; that our duty to
God, our country, ourselves and our posterity forbid it; we stand, therefore,
prepared for every contingency."
Resolved therefore, That in view of the facts set out in the
foregoing preamble, it is the opinion of this meeting that a convention of the
people should be called forthwith; that the State, in its sovereign character,
should consult with the other Southern States, and agree upon such guarantees
as in their opinion will secure their equality, tranquility and rights within
the Union; and in the event of a failure to obtain such guarantees, to adopt in
concert with the other Southern States, or alone, such measures as may seem
most expedient to protect the rights and insure the safety of the people of
Virginia. And in the event of a change in our relations to the other States
being rendered necessary, that the convention so elected should recommend to
the people, for their adoption, such alterations in our State constitution as
may adapt it to the altered condition of the State and country.
SOURCE: Southern
Historical Society Papers, Volume I, No. 1, January 1876, p. 13-9