A declaration of rights made by the representatives of the good people
of Virginia, assembled in full and free convention; which rights do pertain
to them and their posterity, as the basis and foundation of government.
SECTION 1. That all men are by nature equally free and independent,
and have certain inherent rights, of which, when they enter into a state
of society, they cannot, by any compact, deprive or divest their posterity,
namely, the enjoyment of life and liberty, with the means of acquiring
and possessing property, and pursuing and obtaining happiness and safety.
SEC. 2. That all power is vested in, and consequently derived from,
the people; that magistrates are their trustees and servants, and at all
times amenable to them.
SEC. 3. That government is, or ought to be, instituted for the common
benefit, protection, and security of the people, nation, or community;
of all the various modes and forms of government, that is best which is
capable of producing the greatest degree of happiness and safety, and is
most effectually secured against the danger of maladministration; and that,
when any government shall be found inadequate or contrary to these purposes,
a majority of the community hath an indubitable, inalienable, and indefeasible
right to reform, alter, or abolish it, in such manner as shall be judged
most conducive to the public weal.
SEC. 4. That no man, or set of men, are entitled to exclusive or separate
emoluments or privileges from the community, but in consideration of public
services; which, not being descendible, neither ought the offices of magistrate,
legislator, or judge to be hereditary
SEC. 3. That the legislative and executive powers of the State should
be separate and distinct from the judiciary; and that the members of the
two first may be restrained from oppression, by feeling and participating
the burdens of the people, they should, at fixed periods, be reduced to
a private station, return into that body from which they were originally
taken, and the vacancies be supplied by frequent, certain, and regular
elections, in which all, or any part of the former members, to be again
eligible, or ineligible, as the laws shall direct.
SEC. 6. That elections of members to serve as representatives of the
people, in assembly, ought to be free; and that all men, having sufficient
evidence of permanent common interest with, and attachment to, the community,
have the right of suffrage, and cannot be taxed or deprived of their property
for public uses, without their own consent, or that of their representives
so elected, nor bound by any law to which they have not, in like manner,
assembled, for the public good.
SEC. 7. That all power of suspending laws, or the execution of laws,
by any authority, without consent of the representatives of the people,
is injurious to their rights, and ought not to be exercised.
SEC. 8. That in all capital or criminal prosecutions a man bath a right
to demand the cause and nature of his accusation, to be confronted with
the accusers and witnesses, to call for evidence in his favor, and to a
speedy trial by an impartial jury of twelve men of his vicinage, without
whose unanimous consent he cannot be found guilty; nor can he be compelled
to give evidence against himself; that no man be deprived of his liberty,
except by the law of the land or the judgment of his peers.
SEC. 9. That excessive bail ought not to be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
SEC. 10. That general warrants, whereby an officer or messenger may
be commanded to search suspected places without evidence of a fact committed,
or to seize any person or persons not named, or whose offence is not particularly
described and supported by evidence, are grievous and oppressive, and ought
not to be granted.
SEC. 11. That in controversies respecting property, and in suits between
man and man, the ancient trial by jury is preferable to any other, and
ought to be held sacred.
SEC. 12. That the freedom of the press is one of the great bulwarks
of liberty, and can never be restrained but by despotic governments.
SEC. 13. That a well-regulated militia, composed of the body of the
people, trained to arms, is the proper, natural, and safe defence of a
free State; that standing armies, in time of peace, should be avoided,
as dangerous to liberty; and that in all cases the military should be under
strict subordination to, and governed by, the civil power.
SEC. 14. That the people have a right to uniform government; and, therefore,
that no government separate from, or independent of the government of Virginia,
ought to be erected or established within the limits thereof.
SEC. 15. That no free government, or the blessings of liberty, can be
preserved to any people, but by a firm adherence to justice, moderation,
temperance, frugality, and virtue, and by frequent recurrence to fundamental
principles.
SEC. 16. That religion, or the duty which we owe to our Creator, and
the manner of discharging it, can be directed only by reason and conviction,
not by force or violence; and therefore all men are equally entitled to
the free exercise of religion, according to the dictates of conscience;
and that it is the mutual duty of all to practice Christian forbearance,
love, and charity towards each other.
Source: The Federal and State Constitutions Colonial Charters, and
Other Organic Laws of the States, Territories, and Colonies Now or Heretofore
Forming the United States of America Compiled and Edited Under the Act of Congress of June 30, 1906 by Francis
Newton Thorpe
Washington, DC : Government Printing Office, 1909.