University of Virginia Library

PREAMBLE AND BILL OF RIGHTS

(From the State Constitution.)

Whereas, pursuant to an act of the General Assembly of
Virginia, approved March the fifth, in the year of our Lord
nineteen hundred, the question, "shall there be a convention
to revise the Constitution and amend the same?" was submitted
to the electors of the State of Virginia, qualified to
vote for members of the General Assembly, at an election
held throughout the State on the fourth Thursday in May,
in the year nineteen hundred, at which election a majority
of the electors so qualified voting at said election did decide
in favor of a convention for such purpose, and,

Whereas, the General Assembly at its next session did provide
by law for the election of delegates to such convention,
in pursuance whereof the members of this Convention were
elected by the good people of Virginia, to meet in convention
for such purpose.

We, therefore, the people of Virginia, so assembled in
Convention through our representatives, with gratitude to
God for His past favors, and invoking His blessings upon the
result of our deliberations, do ordain and establish the following
revised and amended Constitution for the government
of the Commonwealth.

ARTICLE I.

BILL OF RIGHTS.

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.

Sec. 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.

Sec. 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,
whenever 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.

Sec. 4. That no man, or set of men, is 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.

Sec. 5. That the legislative, executive, and judicial departments
of the State should be separate and distinct, and that
the members thereof 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 regular elections, in which all or
any part of the former members shall be again eligible, or
ineligible, as the laws may direct.

Sec. 6. That all elections 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, or damaged in,
their property for public uses, without their own consent, or
that of their representatives duly elected, or bound by any
law to which they have not, in like manner, assented for the
public good.

Sec. 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.

Sec. 8. That no man shall be deprived of his life, or liberty,
except by the law of the land, or the judgment of his peers,
nor shall any man be compelled in any criminal proceeding
to give evidence against himself, nor be put twice in jeopardy
for the same offence, but an appeal may be allowed to the
Commonwealth in all prosecutions for the violation of a law
relating to the state revenue.

That in all 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, provided, however, that in any criminal case,
upon a plea of guilty, tendered in person by the accused, and
with the consent of the attorney for the Commonwealth, entered
of record, the court shall, and in a prosecution for an offence
not punishable by death, or confinement in the penitentiary,
upon a plea of not guilty, with the consent of the accused,
given in person, and of the attorney for the Commonwealth,
both entered of record, the court, in its discretion, may hear
and determine the case, without the intervention of a jury;
and, that the General Assembly may provide for the trial of
offences not punishable by death, or confinement in the penitentiary,
by a justice of the peace, without a jury, preserving
in all such cases, the right of the accused to an appeal to and
trial by jury in the circuit or corporation court, and may also
provide for juries consisting of less than twelve, but not less
than five, for the trial of offences not punishable by death, or
confinement in the penitentiary, and may classify such cases,
and prescribe the number of jurors for each class.

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

Sec. 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.

Sec. 11. That no person shall be deprived of his property
without due process of law; and in controversies respecting
property, and in suits between man and man, trial by jury is
preferable to any other, and ought to be held sacred, but the
General Assembly may limit the number of jurors for civil
cases in circuit and corporation courts to not less than five
in cases now cognizable by justices of the peace, or to not
less than seven in cases not so cognizable.

Sec. 12. That the freedom of the press is one of the great
bulwarks of liberty, and can never be restrained but by
despotic governments, and any citizen may freely speak,
write and publish his sentiments on all subjects, being responsible
for the abuse of that right.

Sec. 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.

Sec. 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.

Sec. 15. That no free government, or the blessing 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.

Sec. 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 practice Christian forbearance, love
and charity towards each other.

Sec. 17. The rights enumerated in this Bill of Rights shall
not be construed to limit other rights of the people not therein
expressed.