And be it farther ordained, That this ordinance shall be published at the court house of each county, by the inance to How this or sheriff; and at the several churches and meeting-houses be published in each parish, by the clerk or reader, immediately

after divine service.

esq. presi

dent.

gates and Representatives, from the Pendleton, several counties and corporations of de Virginia, held at the Capitol in the City of Williamsburg, on Monday the 6th of May, 1776.

ORDINANCES, &c.

CHAP. I.*

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.

[Unanimously adopted June 12, 1776.]

Inherent

1.* THAT all men are by nature equally free and independent, and have certain inherent rights, of which, rights. 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.

2. That all power is vested in, and consequently Power of the derived from, the people; that magistrates are their people trustees and servants, and at all times amenable to

them.

Of the ob

3. That government is, or ought to be, instituted for the common benefit, protection, and security, of the jects of go

None of the ordinances of this convention are distinguished by chapters in the original, and the Declaration of Rights is the only instrument which is separated by articles or sections.

vernment.

Best form.

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-adininistration; and that whenever* any government shall be found inadequate or contrary to these Unalienable purposes, a majority of the community hath an induright to re- bitable, unalienable, and indefeasible right, to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.

form, or a

bolish.

Of exclusive privileges

Powers of

ment to be separate and distinct.

4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of publick services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.

5. That the legislative and executive powers of the the govern 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 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 di

Frequent elections.

Free clec

tions.

Right of suffrage.

rect.

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 commu. nity, have the right of suffrage, and cannot be taxed or deprived of their property for publick uses without their own consent, or that of their representatives so Security of elected, nor bound by any law to which they have not, property. in like manner, assented, for the publick good.

Of suspending laws.

Criminal

7. That all power of suspending laws, or the exec ution of laws, by any authority without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

8. That in all capital or criminal prosecutions a man prosecutions hath a right to demand the cause and nature of his acrights of accusation, to be confronted with the accusers and witnesses, to call for evidence in his favour, and to a speedy trial by an impartial jury of his vicinage, without

cused.

"When" in Chan. Rev. p. 33.

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.

9. That excessive bail ought not to be required, nor Buil, fine, excessive fines imposed, nor cruel and unusual punish- and punish. ments inflicted.

ments.

Of general 10. That general warrants, whereby any* officer or messenger may be commanded to search suspected warrants. 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.

11. That in controversies respecting property, and Trial by ju in suits between man and man, the ancient trial bý Tỵ. jury is preferable to any other, and ought to be held

sacred.

12. That the freedom of the press is one of the great Freedom o bulwarks of liberty, and can never be restrained but by the press. des potick governments.

13. That a well regalated militia, composed of the of the mili body of the people, trained to arms, is the proper, na- tia; standing tural, and safe defence of a free state; that standing ar armies; mies, in time of peace, should be avoided, as dangerous subordina. to liberty; and that, in all cases, the military should be tion of miliunder strict subordination to, and governed by, the ci- tary to civi vil power.

power.

14. That the people have a right to uniform govern- Uniform gament; and therefore, that no government separate from, vernment, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.

15. That no free government, or the blessing of li- Recurrence mental prin berty, can be preserved to any people but by a firm to fundaadherence to justice, moderation, temperance, frugali- ciples. ty, and virtue, and by frequent recurrence to fundamental principles.

16. That religion, or the duty which we owe to our Religion. 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 dic