Preamble and Resolution
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.
Source taken from Southern Historical Society
Papers, Vol. I, pp. 13-19.
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 tranquillity 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, Louisiana 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
tranquillity," 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 for
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 live 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,
tranquillity 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.