
The history of the Constitution in Virginia is a long and complex one, with many amendments and attacks on its validity. One notable attack on the Constitution in Virginia was led by Patrick Henry, who opposed the Federalists and demanded a more concise Constitution that laid out the rights of the people. Another incident was Bacon's Rebellion in 1675, which was the first popular uprising in the American colonies, with Nathaniel Bacon leading the charge against the British. In the 20th century, there were attempts to restrict African American voting rights, with the 1901 constitutional convention, led by Carter Glass, creating requirements such as poll taxes and literacy tests that disproportionately affected black voters.
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What You'll Learn

The 1902 Constitution
The delegates at the convention made their intentions clear, with one stating that the "great underlying principle of this Convention movement, the one object and cause which assembled this body, was the elimination of the negro from the politics of the state". Another delegate stated that white supremacy was the "natural order of things", and that "the all-powerful Creator, for some wise purpose, has made the black man inferior to the white man".
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Patrick Henry's opposition
Patrick Henry (1736–1799) was a firebrand speaker, an ardent supporter of the American Revolution, and an early and influential opponent of the adoption of the U.S. Constitution. In a speech on June 5, 1788, Henry expressed his opposition to the Constitution, arguing that it would lead to a powerful and mighty empire, with no checks and balances, and pose a threat to states' rights and individual liberties. He warned that the new form of government would "oppress and ruin the people" and that the language of the Constitution regarding privileges was ambiguously worded.
Henry's opposition played a significant role in shaping the political landscape of the time. His stance as an Anti-Federalist influenced the Federalists to agree to support a bill of rights, which ultimately paved the way for the adoption of the Constitution in 1788. Henry's concerns about the concentration of power in a consolidated empire reflected his belief in the importance of republicanism and the preservation of states' rights.
In addition to his opposition to the U.S. Constitution, Henry also opposed the Virginia and Kentucky Resolutions, which were secretly written by Jefferson and Madison to challenge the Alien and Sedition Acts of 1798. Henry denied that a state had the right to decide the constitutionality of federal laws. This position marked a shift in his political alignment, as he subsequently joined the Federalist Party, citing fears of radicalism from the French Revolution spreading to the United States.
Henry's political career began in 1764 when he was elected to the House of Burgesses, the lower house of the Virginia legislature. He was a strong advocate for frontier interests and colonial rights, famously declaring, "If this be treason, make the most of it" during his speech against the Stamp Act in 1765. Henry also played a role in drafting Virginia's state constitution in 1776 and served as governor for three one-year terms. Despite his influence, his erratic behaviour sometimes limited his effectiveness, and he was prevented from commanding Virginia troops during the Revolutionary War.
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The Underwood Constitution
The "Underwood Constitution", also known as the "Negro Constitution", was a product of the 1867-1868 Virginia Constitutional Convention. The convention was called for by John M. Schofield, who was in command of the district that included Virginia during the Reconstruction period following the Civil War.
During this time, Virginia was under military rule, and Schofield called for a convention to be held in Richmond to address the state's constitution. However, many of Virginia's conservative whites refused to participate in voting for delegates in protest of freedmen's suffrage. As a result, Republicans, led by Judge John Curtiss Underwood, dominated the convention.
The Virginia Constitution has undergone several revisions over the years, including the addition of the Virginia Declaration of Rights in Article I, which incorporates concepts from the United States Bill of Rights, such as the right to due process and the prohibition against double jeopardy. The state's constitution has also been influenced by broader national movements, such as the Civil Rights Movement, which led to the overturning of discriminatory provisions restricting the voting rights of African Americans and mandating school segregation.
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Bacon's Rebellion
The conflict was driven by both class and ethnic tensions, with a coalition of black and white laborers, including women, rising up against the Virginia aristocracy and the Native American population. Nathaniel Bacon, a recent arrival to Virginia and a member of the governor's council, demanded a commission to fight the Indians. When this was refused, he led "volunteers" against some of Virginia's closest Indian allies. Bacon's rebellion was the first in the North American colonies to involve discontented frontiersmen, and it disturbed the colonial upper class, leading them to harden the racial caste of slavery to prevent future united uprisings.
The governor, Sir William Berkeley, sought to isolate the Susquehannocks and bring in Indian allies. Bacon, on the other hand, favored harsher measures, stating, "Our Design [is] ... to ruin and extirpate all Indians in General." He took command of volunteer militiamen from Charles City and Henrico counties and pursued the Susquehannocks to the Roanoke River. There, he persuaded the Occaneechi nation to attack the Susquehannocks, only to turn on his allies and indiscriminately kill Occaneechi men, women, and children.
In November 1676, Berkeley fled Jamestown for the Eastern Shore, but he was chased away by Bacon's army, which burned the capital. Bacon died suddenly in October 1676, but the rebellion continued until government forces led by Herbert Jeffreys arrived and spent several years defeating pockets of resistance. While the rebellion did not succeed in driving out the Native Americans, it led to Berkeley being recalled to England, where he died shortly after his arrival. Bacon's Rebellion is often viewed as a revolt against English tyranny and a precursor to the American Revolution, although this interpretation has been disputed.
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The Alien and Sedition Acts
The four acts were:
- The Naturalization Act: This increased the residency requirement for citizenship from five to fourteen years.
- The Alien Friends Act: This authorized the president to deport any foreigner deemed "dangerous to the peace and safety of the United States."
- The Alien Enemies Act: This allowed the deportation of foreigners from countries at war with the United States.
- The Sedition Act: This limited speech critical of the government and was used to suppress dissent.
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Frequently asked questions
Patrick Henry led a group of Virginia militia from Hanover in opposition to Lord Dunmore's order to remove gunpowder from the Williamsburg magazine to a British ship.
The Gunpowder Incident was resolved through a negotiation led by Carter Braxton, which saw the transfer of royal funds as payment for the gunpowder.
Patrick Henry played a significant role in Virginia's history, especially during the American Revolution. He was the first governor of Virginia under its new constitution and advocated for independence from Britain.
Yes, Bacon's Rebellion in 1675-1676 was the first popular uprising in the American colonies. It was led by Nathaniel Bacon, who rallied discontented colonists against the Indians and the governor, Berkeley.
Bacon's Rebellion culminated in violence and destruction, with Bacon's forces burning and looting along the James River. The rebellion ended with Bacon's death, but it set the stage for the war for independence a century later.

























