Tuesday, May 9, 2017

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We the Delegates of the People of Virginia
( June 26 1788)

duly elected in pursuance of a recommendation from the General Assembly and now met in Convention having fully and freely investigated and discussed the proceedings of the Federal Convention and being prepared as well as the most mature deliberation hath enabled us to decide thereon Do in the name and in behalf of the People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will: that therefore no right of any denomination can be cancelled abridged restrained or modified by the Congress by the Senate or House of Representatives acting in any Capacity by the President or any Department or Officer of the United States except in those instances in which power is given by the Constitution for those purposes ...


Published: April 22, 1861

The following is the proclamation of Gov. LETCHER, of Virginia:

Whereas, Seven of the States formerly composing a part of the United States have, by authority of their people, solemnly resumed the powers granted by them to the United States, and have framed a Constitution and organized a Government for themselves, to which the people of those States are yielding willing obedience, and have so notified the President of the United States by all the formalities incident to such action, and thereby become to the United States a separate, independent and foreign power; and whereas, the Constitution of the United States has invested Congress with the sole power "to declare war," and until such declaration is made, the President has no authority to call for an extraordinary force to wage offensive war against any foreign Power: and whereas, on the 15th inst., the President of the United States, in plain violation of the Constitution, issued a proclamation calling for a force of seventy-five thousand men, to cause the laws of the United states to be duly executed over a people who are no longer a part of the Union, and in said proclamation threatens to exert this unusual force to compel obedience to his mandates; and whereas, the General Assembly of Virginia, by a majority approaching to entire unanimity, declared at its last session that the State of Virginia would consider such an exertion of force as a virtual declaration of war, to be resisted by all the power at the command of Virginia; and subsequently the Convention now in session, representing the sovereignty of this State, has reaffirmed in substance the same policy, with almost equal unanimity; and whereas, the State of Virginia deeply sympathizes with the Southern States in the wrongs they have suffered, and in the position they have assumed; and having made earnest efforts peaceably to compose the differences which have severed the Union, and having failed in that attempt, through this unwarranted act on the part of the President; and it is believed that the influences which operate to produce this proclamation against the seceded States will be brought to bear upon this commonwealth, if she should exercise her undoubted right to resume the powers granted by her people, and it is due to the honor of Virginia that an improper exercise of force against her people should be repelled. Therefore I, JOHN LETCHER, Governor of the Commonwealth of Virginia, have thought proper to order all armed volunteer regiments or companies within this State forthwith to hold themselves in readiness for immediate orders, and upon the reception of this proclamation to report to the Adjutant-General of the State their organization and numbers, and prepare themselves for efficient service. Such companies as are not armed and equipped will report that fact, that they may be properly supplied.

In witness whereof, I have hereunto set my hand and caused the seal of the Commonwealth to be affixed, this 17th day of April, 1861, and in the eighty-fifth year of the Commonwealth.




The people of Virginia, in their ratification of the Constitution of the United States of America, adopted by them in Convention on the twenty-fifth day of June, in the year of our Lord one thousand seven hundred and eighty-eight, having declared that the powers granted under the said Constitution were derived from the people of the United States, and might be resumed whensoever the same should be perverted to their injury and oppression; and the Federal Government, having perverted said powers, not only to the injury of the people of Virginia, but to the oppression of the Southern Slaveholding States.
Now, therefore, we, the people of Virginia, do declare and ordain that the ordinance adopted by the people of this State in Convention, on the twenty-fifth day of June, eighty-eight, whereby the Constitution of the United States of America was ratified, and all acts of the General Assembly of this State, ratifying or adopting amendments to said Constitution, are hereby repealed and abrogated; that the Union between the State of Virginia and the other States under the Constitution aforesaid, is hereby dissolved, and that the State of Virginia is in the full possession and exercise of all the rights of sovereignty which belong and appertain to a free and independent State. And they do further declare that the said Constitution of the United States of America is no longer binding on any of the citizens of this State.
This ordinance shall take effect and be an act of this day when ratified by a majority of the votes of the people of this State, cast at a poll to be taken thereon on the fourth Thursday in May next, in pursuance of a schedule to be hereafter enacted.
Done in Convention, in the city of Richmond, on the 17th day of April, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty-fifth year of the Commonwealth of Virginia.
JNO. L. EUBANK, Secretary of Convention


  1. Yes. Virginia's ratification of the Constitution had the explicit provision that the powers delegated could be resumed. Great post tying all three of those items together.

  2. The United States accepted Virginia's wording in its ratification.
    Thereby giving Virginia the "Right" to leave the union.

    1. With the States sharing equal rights and privileges, it was applicable to all

    2. I agree ! New York, and (Rhode Island ?) also retained the right to leave the union when they joined the union.
      So the legality of secession covered all States in the Union ! "What's good for the Goose is good for the Gander !"