be, diminished so long as the States continue sovereign.
"The right's the right of self-government--and it's inherent and inalienable!--We fought for it--when didn't we fight for it? When we cease to fight for it, then chaos and night!--Go on, go on!"
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.
There was a great thunder of assent. "That is our doctrine--bred in the bone--dyed in the weaving! Jefferson, Madison, Marshall, Washington, Henry--further back yet, further back--back to Magna Charta!"
These principles, resulting from the nature of our system of confederate States, cannot admit of question in Virginia.
In 1788 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....
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 tyrannical SECTIONAL MAJORITY, under the sanction of the forms of the CONSTITUTION, persist in acts of injustice and violence toward 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
Continue reading on your phone by scaning this QR Code
Tip: The current page has been bookmarked automatically. If you wish to continue reading later, just open the
Dertz Homepage, and click on the 'continue reading' link at the bottom of the page.