Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Bubba Ho-Tep
Virginia entered into a unconstitutional compact before actually making its secession official.

FYI:

AN ORDINANCE to repeal the ratification of the Constitution of the United State of America by the State of Virginia, and to resume all the rights and powers granted under said Constitution.

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 said Constitition 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 slave-holding 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, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and all acts of the General Assembly of this State ratifying and adopting amendments to said Constitution, are hereby repealed and abrogated; that the union between the State of Virginia and the other States under the Constitution aforesaid is hereby dissolved, and that the State of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 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 voter 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 hereafter to be enacted.

Adopted by the convention of Virginia April 17,1861.

Source: Official Records, Ser. IV, vol. 1, p. 223.

[ratified by a vote of 132,201 to 37,451 on May 23, 1861]

The secession ordinance was adopted April 17, citing the specific reservation of the right of secession that the State hade made, in writing (http://www.yale.edu/lawweb/avalon/const/ratva.htm), when it ratified the Constitution many years earlier:

We the Delegates of the People of Virginia 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...

BTW, the action of the State convention was ratified by a 4 to 1 margin...

;>)

(Please see my FR home page for links to the source documents... ;>)

125 posted on 08/26/2008 5:25:52 PM PDT by Who is John Galt? ("Sometimes I have to break the law in order to meet my management objectives." - Bill Calkins, BLM)
[ Post Reply | Private Reply | To 124 | View Replies ]


To: Who is John Galt?
The secession ordinance was adopted April 17, citing the specific reservation of the right of secession that the State hade made, in writing

Crossing your fingers behind your back when you sign a contract does not relieve you of the obligations of that contract.

The interesting words in the Virginia Ordinance of Secession are:

This ordinance shall take effect and be an act of this day, when ratified by a majority of the voter 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 hereafter to be enacted.
In other words, "We're going to do this right now and let the people vote on it to make it official in a month or so, after it's a done deal."
138 posted on 08/27/2008 9:29:05 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
[ Post Reply | Private Reply | To 125 | View Replies ]

To: Who is John Galt?
FYI: The Virginia legislature passed an ordinance seizing US artillery on April 1, 1861, weeks before the convention passed its (unratified) secession act.

OR: Series 4, Vol. 1, pg. 203

142 posted on 08/27/2008 10:18:40 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
[ Post Reply | Private Reply | To 125 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson