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 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 inall 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 Southern States, and agree upon such guarantees as in their opinion will secure their equality, tranquillity and rightswithin the Union.
The applause shook the air. "Yes, yes! within the Union! They're not quite mad—not even the black Republicans! We'll save the Union!—We made it, and we'll save it!—Unless the North takes leave of its senses.—Go on!"
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 ensure the safety of the people of Virginia.
The reader made an end, and stood with dignity. Silence, then a beginning of sound, like the beginning of wind in the forest. It grew, it became deep and surrounding as the atmosphere, it increased into the general voice of the county, and the voice passed the Botetourt Resolutions.
CHAPTER II
THE HILLTOP
On the court house portico sat the prominent men of the county, lawyers and planters, men of name and place, moulders of thought and leaders in action. Out of these came the speakers. One by one, they stepped into the clear space between the pillars. Such a man was cool and weighty, such a man was impassioned and persuasive. Now the tense crowd listened, hardly breathing, now it broke into wild applause. The speakers dealt with an approaching tempest, and with a gesture they checked off the storm clouds. "Protection for the manufacturing North at the expense of the agricultural South—an old storm centre! Territorial Rights—once a speck in the west, not so large as a man's hand, and now beneath it, the wrangling and darkened land! The Bondage of the African Race—a heavy cloud! Our English fathers raised it; our northern brethren dwelled with it; the currents of the air fixed it in the South. At no far day we will pass from under it. In the mean time we would not have it burst. In that case underneath it would lie ruined fields and wrecked homes, and out of its elements would come a fearful pestilence! The Triumph of the Republican Party—no slight darkening of the air is that, no drifting mist of the morning! It is the triumph of that party which proclaims the Constitution a covenant with death and an agreement with hell!—of that party which tolled the bells, and fired the minute guns, and draped its churches with black, and all-hailed as saint and martyr the instigator of a bloody and servile insurrection in a sister State, the felon and murderer, John Brown! The Radical, the Black Republican, faction, sectional rule, fanaticism, violation of the Constitution,
