The Virginia Declaration of Rights

THE 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.

FIRST, 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 c•m••ct, 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.

2d. 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.

3d. 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 mal-adminiſtration; and that wherever any government ſhall be found inadequate or contrary to theſe purpoſes, a majority of the community hath an indubitable, unalienable, and indefe•ſible right, to perform, alter, or aboliſh it, in ſuch manner as ſhall be judged moſt conducive to the public weal.

4th. That no man, or ſet of men, are intitled 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, legiſlature, or judge, to be the hereditary.

5th. That the Legiſlative and Executive powers of the ſtate ſhould be ſeparate and diſtinct from the judicary; 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.

6th. 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.

7th. That all power of ſuſpending law, 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.

8th. 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, whithout 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.

9th. That exceſſive bail ought not to be required, nor exceſſive fines impoſed, nor cruel unuſual puniſhments inflicted.

10th. The 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 offence is not particularly deſcribed and ſupported by evidence, are grievous and oppreſſive, and ought not to be granted.

11th. 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.

12th. That the freedom of the preſs is one of the great bulwarks of liberty, and can never be reſtrained but by diſpotic governments.

13th. 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 m•••••ry ſhould be under ſtrict ſubordination to, and governed by, the civil power.

14th. 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.

15th. That no free government, or the bleſſing of liberty, can be preſerved to any people but by a fi•n• adherence to juſtice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundimental principles.

16th. 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.