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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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 5.
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 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, as the
laws shall direct.
SECTION 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 representatives so elected,
nor bound by any law to which they have not,
in like manner, assented, for the public
good.
SECTION 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.
SECTION 8.
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 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.
SECTION 9.
That excessive bail ought not to be required,
nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
SECTION 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.
SECTION 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.
SECTION 12.
That the freedom of the press is one of the
great bulwarks of liberty, and can never be
restrained but by despotic governments.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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 practise Christian
forbearance, love, and charity towards each
other.
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