AOH :: 1776-VA.TXT

The Virginia Declaration of Rights

THE VIRGINIA DECLARATION OF RIGHTS

  I  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 pos-
     terity; namely, the enjoyment of life and liberty, with the means of
     acquiring and possessing property, and pursuing and obtaining happi-
     ness and safety.

  II 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.

 III 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, whenever any government shall be found inadequate or
     contrary to these purposes, a majority of the community hath an
     indubitable, unalienable, and indefeasible right to reform, alter or
     abolish it, in such manner as shall be judged most conducive to the
     public weal.

  IV 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 be hereditary.

   V That the legislative and executive powers of the state should be
     separate and distinct from the judicative; and, that the members of
     the two first may be restrained from oppression by feeling and
     participating the burthens 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. 
                                                                                
  VI 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 representatives so elected, nor bound by any law to which they
     have not, in like manner, assented, for the public good.

 VII 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.

VIII That in all capital or criminal prosecutions a man hath 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 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 judgement of his peers.

  IX That excessive bail ought not to be required, nor excessive fines
     imposed; nor cruel and unusual punishments inflicted.

   X That general warrants, whereby any 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
     offense is not particularly described and supported by evidence, are
     grievous and oppressive and ought not to be granted.

  XI 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.

 XII That the freedom of the press is one of the greatest bulwarks of
     liberty and can never be restrained but by despotic governments.

XIII That a well regulated militia, composed of the body of the people,
     trained to arms, is the proper, natural, and safe defense 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 be governed by, the civil power.

 XIV 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.

  XV That no free government, or the blessings of liberty, can be preserved
     to any people but by a firm adherence to justice, 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 discharging it, can be directed 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 for-
     bearance, love, and charity towards each other.
                                                                               
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Adopted unanimously June 12, 1776
Virginia Convention of Delegates
drafted by Mr. George Mason

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Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)


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