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Josephine Heathershaw
To name the historians, biographers, memoir and narrative writers,diarists, and contributors of but a vivid page or two to the magazinesof Historical Societies, to whom the writer of a story dealing with thisperiod is indebted, would be to place below a very long list. In lieu ofdoing so, the author of this book will say here that many incidentswhich she has used were actual happenings, recorded by men and womenwriting of that through which they lived. She has changed the manner butnot the substance, and she has used them because they were "truestories" and she wished that breath of life within the book. To allrecorders of these things that verily happened, she here acknowledgesher indebtedness and gives her thanks.
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The town was the county-seat. Red brick and white pillars, set on risingground and encircled by trees, the court house rose like a guidon,planted there by English stock. Around it gathered a great crowd,breathlessly listening. It listened to the reading of the BotetourtResolutions, offered by the President of the Supreme Court of Virginia,and now delivered in a solemn and a ringing voice. The season wasDecember and the year, 1860.
The people of Botetourt County, in general meeting assembled, believeit to be the duty of all the citizens of the Commonwealth, in thepresent alarming condition of our country, to give some expression oftheir opinion upon the threatening aspect of public affairs....
In the controversies with the mother country, growing out of the effort[Pg 2]of the latter to tax the Colonies without their consent, it was Virginiawho, by the resolution against the Stamp Act, gave the example of thefirst authoritative resistance by a legislative body to the BritishGovernment, and so imparted the first impulse to the Revolution.
She furnished to the Confederate States the father of his country, underwhose guidance Independence was achieved, and the rights and libertiesof each State, it was hoped, perpetually established.
She stood undismayed through the long night of the Revolution, breastingthe storm of war and pouring out the blood of her sons like water onevery battlefield, from the ramparts of Quebec to the sands of Georgia.
The government created by it was put into operation, with herWashington, the father of his country, at its head; her Jefferson, theauthor of the Declaration of Independence, in his cabinet; her Madison,the great advocate of the Constitution, in the legislative hall.
But, claiming no exclusive benefit for her efforts and sacrifices in thecommon cause, she had a right to look for feelings of fraternity andkindness for her citizens from the citizens of other States.... And thatthe common government, to the promotion of which she contributed solargely, for the purpose of establishing justice and ensuring domestictranquillity, would not, whilst the forms of the Constitution wereobserved, be so perverted in spirit as to inflict wrong and injusticeand produce universal insecurity.
In view of this state of things, we are not inclined to rebuke orcensure the people of any of our sister States in the South, sufferingfrom injury, goaded by insults, and threatened with such outrages andwrongs, for their bold determination to relieve themselves from suchinjustice and oppression by resorting to their ultimate and sovereignright to dissolve the compact which they had formed and to provide newguards for their future security.
Nor have we any doubt of the right of any State, there being no commonumpire between coequal sovereign States, to judge for itself on its ownresponsibility, as to the mode and manner of redress.
The Articles of Confederation stipulated that those articles should beinviolably observed by every State, and that the Union should beperpetual, and that no alteration should be made unless agreed to byCongress 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 isnothing 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 Constitution, it is true, established a government, and it operatesdirectly on the individual; the Confederation was a league operatingprimarily 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 bythe people, not as individuals composing one nation, but as composingthe 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 whichshe ratified for herself, may for herself abrogate and annul.
The operation of its powers, whilst the State remains in theConfederacy, is national; and consequently a State remaining in theConfederacy and enjoying its benefits cannot, by any mode of procedure,withdraw its citizens from the obligation to obey the Constitution andthe laws passed in pursuance thereof.
The assumption of such a power would be the assertion of a prerogativeclaimed by the British Government to legislate for the Colonies in[Pg 5]allcases whatever; it would constitute of itself a dangerous attack on therights of the States, and should be promptly repelled.
In 1788 our people in convention, by their act of ratification, declaredand made known that the powers granted under the Constitution, beingderived from the people of the United States, may be resumed by themwhenever they shall be perverted to their injury and oppression.
From what people were these powers derived? Confessedly from the peopleof each State, acting for themselves. By whom were they to be resumed ortaken back? By the people of the State who were then granting them away.Who were to determine whether the powers granted had been perverted totheir 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 thatthe powers granted could not be resumed until the oppressor himselfunited in such resumption.
They asserted the right to resume in order to guard the people ofVirginia, for whom alone the Convention could act, against theoppression of an irresponsible and sectional majority, the worst form ofoppression with which an angry Providence has ever afflicted humanity.
Whilst therefore we regret that any State should, in a matter of commongrievance, have determined to act for herself without consulting withher sister States equally aggrieved, we are nevertheless constrained tosay that the occasion justifies and loudly calls for action of somekind....
In view therefore of the present condition of our country, and thecauses of it, we declare almost in the words of our fathers, containedin an address of the freeholders of Botetourt, in February, 1775, to thedelegates from Virginia to the Continental Congress, "That we desire nochange in our government whilst left to the free enjoyment of our equalprivileges secured by the constitution; but that should a tyrannicalsectional majority, under the sanction of the forms of theconstitution, persist in acts of injustice and violence toward us, theyonly must be answerable for the consequences."[Pg 6]
That liberty is so strongly impressed upon our hearts that we cannotthink of parting with it but with our lives; that our duty to God, ourcountry, 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 foregoingpreamble, it is the opinion of this meeting that a convention of thepeople should be called forthwith; that the State in its sovereigncharacter should consult with the other Southern States, and agree uponsuch guarantees as in their opinion will secure their equality,tranquillity and rightswithin the Union.
And in the event of a failure to obtain such guarantees, to adopt inconcert with the other Southern States, or alone, such measures as mayseem most expedient to protect the rights and ensure the safety of thepeople of Virginia.
The reader made an end, and stood with dignity. Silence, then abeginning of sound, like the beginning of wind in the forest. It grew,it became deep and surrounding as the atmosphere, it increased into thegeneral voice of the county, and the voice passed the BotetourtResolutions.
From the portico came a voice. "I am sure that few in Botetourt need anintroduction here. We, no more than others, are free from vanity, and wethink we know a hero by intuition. Men of Botetourt, we have the honourto listen to Major Fauquier Cary, who carried the flag up Chapultepec!"[Pg 9]
He paused, drew himself up, looked out over the throng to the mountains,studied for a moment their long, clean line, then dropped his glance andspoke in a changed tone, with a fiery suddenness, a lunge as of a triedrapier, quick and startling.
In effect they could do so no longer. Major Cary was swept away byacquaintances and connections. The day was declining, the final speakerdrawing to an end, the throng beginning to shiver in the deepening cold.The speaker gave his final sentence; the town band crashed indeterminedly with "Home, Sweet Home." To its closing strains the countypeople, afoot, on horseback, in old, roomy, high-swung carriages, tookthis road and that. The townsfolk, still excited, still discussing,lingered awhile round the court house or on the verandah of the oldhotel, but at last these groups dissolved also. The units betookthemselves home to fireside and supper, and the sun set behind theAlleghenies.
Allan Gold, striding over the hills toward Thunder Run, caught up withthe miller from Mill Creek, and the two walked side by side until theirroads diverged. The miller was a slow man, but to-day there was a red inhis cheek and a light in his eye. "Just so," he said shortly. "They mustkeep out of my mill race or they'll get caught in the wheel."
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