REVISED CODE, &c. At a GENERAL CONVENTION of Delegates and Reprefentatives, from the feveral Counties and Corporations of VIRGINIA, held at the Capitol, in the City of WILLIAMSBURG, on MONDAY, the 6th of MAY, 1776. CHAP. I.` A Declaration of Rights made by the Reprefentatives of the good People of VIRGINIA, affembled in full and free Convention; which rights do pertain to them, and their pofterity, as the bafis and Foundation of Government. t 1. T HAT all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a fate of fociety, they cannot, by any compact, deprive or diveft their pofterity; namely, the enjoyment of life and liberty, with the means of acquiring and poffeffing property, and purfuing and obtaining happiness and fafety.# II. THAT all power is vefted in, and confequently derived from, the people; that Magiftrates are their trustees and fervants, and at all times amenable to them. III. THAT government is, or ought to be, inftituted for the common benefit, protection and fecurity, of the people, nation, or community. Of all the various modes and forms of government, that is beft, which is capable of producing the greatest degree of happinefs and fafety, and is most effectually fecured against the danger of mal-adminiftration; and that when any government fhall be found inadequate or contrary to thefe purposes, a majority of the community hath an indubitable, unalienable, and indefeafible right, to reform, alter, or abolish it, in fuch manner as fhall be judged most conducive to the public weal. IV. THAT no man, or fet of men, are entitled to exclufive or feparate emoluments or privileges from the community, but in confideration of public fervices; which not being defcendible, neither ought the offices of Magistrate, Legiflator, or Judge, to be hereditary. V. THAT the Legislative, and Executive powers of the ftate fhould be separate and diftinct from the Judiciary; and that the members of the two first may be restrained from oppreffion, by feeling and participating the burthens of the people, they fhould, at fixed periods, be reduced to a private ftation, return into that body from which they were originally taken, and the vacancies be fupplied 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 fhall direct. VI. THAT elections of members to ferve as reprefentatives of the people, in Affembly, ought to be free; and that all men, having fufficient evidence of permanent common intereft with, and attachment to, the community, have the right of fuffrage, and cannot be taxed or deprived of their property for public ufes, without their own confent, or that of their reprefentatives fo elected, nor bound by any law to which they have not, in like manner, affented, for the public good. VII. THAT all power of fufpending laws, or the execution of laws, by any authority without confent of the reprefentatives of the people, is injurious to their rights, and ought not to be exercifed. VIII. THAT in all capital or criminal profecutions, a man hath a right to demand the cause and nature of his accufation, to be confronted with the accufers and witneffes, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whofe unanimous confent 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. IX. THAT exceffive bail ought not to be required, nor exceffive fines impofed, nor cruel and unufual punishments inflicted. X. THAT general warrants, whereby an officer or meffenger may be commanded to fearch fufpected places without evidence of a fact committed, or B to feize any perfon or perfons not named, or whofe offence is not particularly defcribed and fupported by evidence, are grievous and oppreflive, and ought not to be granted. XI. THAT in controverfies refpecting property, and in fuits between man and man, the ancient trial by jury is preferable to any other, and ought to be held facred. XII. THAT the freedom of the prefs is one of the great bulwarks of li berty, and can never be restrained but by defpotic governments. XIII. THAT a well regulated militia, compofed of the body of the people, trained to arms, is the proper, natural and fafe defence of a free state; that ftanding armies, in time of peace, fhould be avoided, as dangerous to liberty; and that, in all cafes, the military fhould be under ftrict fubordination to, and governed by, the civil power. XIV. THAT the people have a right to uniform government; and therefore, that no government feparate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof. XV. THAT no free government, or the bleffing of liberty, can be preserved to any people but by a firm adherence to juftice, moderation, temper ance, frugality, and virtue, and by frequent recurrence to fundamental principles. XVI. THAT religion, or the duty which we owe to our Creator, and the manner of difcharging it, can be directed only by reafon and conviction, not by force or violence, and therefore all men are equally entitled to the free exercife of religion, according to the dictates of confcience; and that it is the mutual duty of all to practise Chriftian forbearance, love, and charity, towards each other. Preamble. Enumerating inftances of royal mifrule. 1. W CHAP. II. The Conftitution or Form of Government, agreed to and refolved upon by the Delegates and Reprefentatives of the feveral Counties and Corporations of VIRGINIA. 7HEREAS George the third, King of Great-Britain and Ireland, and Elector of Hanover, heretofore entrusted with the exercife of the kingly office in this government, hath endeavored to pervert the fame into a deteftable and infupportable tyranny, by putting his negative on laws the most wholefome and neceffary for the public good: By denying his Governors permiffion to pafs laws of immediate and preffing importance, unless fufpended in their operation for his affent, and, when fo fufpended, neglecting to attend to them for many years: By refufing to pafs certain other laws, unless the perfons to be benefited by them would relinquish the inestimable right of reprefentation in the Legislature: By diffolving Legiflative Affemblies repeatedly and continually, for oppofing with manly firmnefs his invafions of the rights of the people: When diffolved, by refusing to call others for a long space of time, thereby leaving the political fyftem without any Legislative head: By endeavoring to prevent the population of our country, and, for that purpofe, obftructing the laws for the naturalization of foreigners: By keeping among us in time of peace, ftanding armies and fhips of war: By affecting to render the military independent of, and fuperior to, the civil power: By combining with others to fubject us to a foreign jurifdiction, giving his affent to their pretended acts of Legiflation: For quartering large bodies of armed troops among us: For cutting off our trade with all parts of the world: For impofing taxes on us without our confent: For depriving us of the benefits of the trial by jury: For tranfporting us beyond feas, to be tried for pretended offences: For fufpending our own Legislatures, and declaring themselves invefted with power to legiflate for us in all cafes whatsoever: By plundering our feas, ravaging our coafts, burning our towns, and deftroying the lives of our people: By inciting infurrections of our fellow fubjects, with the allurements of forfeiture and confifcation: By prompting our negroes to rife in arms among us, thofe very negroes, whom, by an inhuman ufe of his negative, he hath refufed us permiffion to exclude by law: By endeavoring to bring on the inhabitants of our frontiers, the mercilefs Indian favages, whofe known rule of warfare is an undistinguished deftruction of all ages, fexes, and conditions of existence: By tranfporting at this time, a large army of foreign mercenaries, to complete the works of death, defolation, and tyranny, already begun with circumftances of cruelty and perfidy unworthy the head of a civilized nation: By anfwering our repeated petitions for redrefs with a repetition of inju ries: And finally, by abandoning the helm of government, and declaring us |