REVISED CODE, &c.

At a GENERAL CONVENTION of Delegates and Reprefentatives, from the feveral Counties and Corporations of VIRGINIA, held at the Capitol, in the City of WILLIAMSBURG, on MONDAY, the 6th of MAY, 1776.

CHAP. I.

A Declaration of Rights made by the Reprefentatives of the good People of VIR-
GINIA, affembled in full and free Convention; which rights do pertain to
them, and their pofterity, as the bafis and Foundation of Government.

1. THA
HAT all men are by nature equally free and independent, and have
certain inherent rights, of which, when they enter into a ftate of
fociety, they cannot, by any compact, deprive or diveft their pofterity; namely,
the enjoyment of life and liberty, with the means of acquiring and poffeffing
property, and pursuing and obtaining happiness and safety.

II. THAT all power is vefted in, and confequently derived from, the people; that Magiftrates are their trustees and fervants, and at all times amenable to them.

HI. THAT government is, or ought to be, inftituted for the common benefit, protection and fecurity, of the people, nation, or community. Of all the various modes and forms of government, that is beft, which is capable of producing the greateft degree of happiness and fafety, and is moft effectually fecured against the danger of mal-administration; and that when any government fhall 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 fuch manner as shall be judged moft conducive to the public weal.

IV. THAT no man, or fet of men, are entitled to exclufive or separate emoluments or privileges from the community, but in confideration of public fervices; which not being defcendible, neither ought the offices of Magistrate, Legiflator, or Judge, to be hereditary.

V. THAT the Legislative, and Executive powers of the ftate fhould be separate and diftinct from the Judiciary; and that the members of the two first may be reftrained from oppreffion, by feeling and participating the burthens of the people, they fhould, at fixed periods, be reduced to a private ftation, return into that body from which they were originally taken, and the vacancies be fupplied 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 fhall direct.

VI. THAT elections of members to ferve as representatives of the people, in Affembly, ought to be free; and that all men, having fufficient evidence of permanent common intereft with, and attachment to, the community, have the right of fuffrage, and cannot be taxed or deprived of their property for public ufes, without their own confent, or that of their reprefentatives fo elected, nor bound by any law to which they have not, in like manner, affented, for the public good.

VII. THAT all power of fufpending laws, or the execution of laws, by any authority without confent of the reprefentatives of the people, is injurious to their rights, and ought not to be exercised.

VIII. THAT in all capital or criminal profecutions, a man hath a right to demand the caufe and nature of his accufation, to be confronted with the accufers and witneffes, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whofe unanimous confent he cannot be found guilty, nor can he be compelled to give evidence against himfelf; that no man be deprived of his liberty except by the law of the land, or the judgment of his peers.

IX. THAT exceffive bail ought not to be required, nor exceffive fines impofed, nor cruel and unufual punishments inflicted.

X. THAT general warrants, whereby an officer or meffenger may be commanded to fearch fufpected places without evidence of a fact committed, or

B

1776.

Preamble.

to feize any perfon or perforis not named, or whofe offence is not particularly defcribed and fupported by evidence, are grievous and oppreffive, and ought not to be granted.

XI. THAT in controverfies refpecting property, and in fuits between man and man, the ancient trial by jury is preferable to any other, and ought to be held facred.

XII. THAT the freedom of the prefs is one of the great bulwarks of liberty, and can never be reftrained but by defpotic governments.

XIII. THAT a well regulated militia, compofed of the body of the people, trained to arms, is the proper, natural and fafe defence of a free ftate; that ftanding armies, in time of peace, fhould be avoided, as dangerous to liber ty; and that, in all cafes, the military should be under strict subordination to, and governed by, the civil power.

XIV. THAT the people have a right to uniform government; and therefore, that no government feparate 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 bleffing of liberty, can be preferved to any people but by a firm adherence to juftice, moderation, temperance, 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 only by reafon and conviction, not by force or violence, and therefore all men are equally entitled to the free exercife of religion, according to the dictates of confcience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity, towards each other,

1. WE

CHAP. II.

The Conftitution or Form of Government, agreed to and refolved upon by the Delegates and Reprefentatives of the feveral Counties and Corporations of VIRGINIA. THEREAS George the third, King of Great-Britain and Ireland, and Elector of Hanover, heretofore entrusted with the exercise of the kingly Enumerating instances office in this government, hath endeavored to pervert the fame into a detefta of royal mifrule. ble and infupportable tyranny, by putting his negative on laws the most wholefome and neceffary for the public good: By denying his Governors permif fion to pafs laws of immediate and preffing importance, unless fufpended in their operation for his affent, and, when to fufpended, neglecting to attend to them for many years: By refufing to pafs certain other laws, unless the perfons to be benefited by them would relinquish the inestimable right of reprefentation in the Legislature: By diffolving Legislative Affemblies repeatedly and continually, for oppofing with manly firmnefs his invafions of the rights of the people: When diffolved, by refufing to call others for a long space of time, thereby leaving the political fyftem without any Legislative head: By endeavoring to prevent the population of our country, and, for that purpofe, obftructing the laws for the naturalization of foreigners: By keeping among us in time of peace, ftanding armies and fhips of war: By affecting to render the military independent of, and fuperior to, the civil power: By combining with others to fubject us to a foreign jurifdition, giving his affent to their pretended acts of Legiflation: Fór quartering large bodies of armed troops among us: For cutting off our trade with all parts of the world: For impofing taxes on us without our confent: For depriving us of the benefits of the trial by jury: For tranfporting us beyond feas, to be tried for pretended offences: For fufpending our own Legiflatures, and declaring themfelves invested with pow er to legiflate for us in all cafes whatsoever: By plundering our feas, ravaging our coafts, burning our towns, and deftroying the lives of our people: By inciting infurrections of our fellow fubjects, with the allurements of forfeiture and confifcation: By prompting our negroes to rife in arms among us, thofe very negroes, whom, by an inhuman ufe of his negative, he hath refufed us permiffion to exclude by law: By endeavoring to bring on the inhabitants of our frontiers, the mercilefs Indian favages, whofe known rule of warfare is an undiftinguished deftruction of all ages, fexes, and conditions of existence: By tranfporting at this time, a large army of foreign mercenaries, to complete the works of death, defolation, and tyranny, already begun with circumstances of cruelty and perfidy unworthy the head of a civilized nation: By anfwering our repeated petitions for redrefs with a repetition of inju ries: And finally, by abandoning the helm of government, and declaring us

out of his allegiance and protection. By which feveral acts of mifrule, the Former government difgovernment of this country, as formerly exercifed under the crown of Great. folved.

Britain, is totally diffolved,

II. WE therefore, the Delegates and Reprefentatives of the good people

of Virginia, having maturely confidered the premifes, and viewing with great Another declared, concern the deplorable condition to which this once happy country must be reduced, unless fome regular, adequate mode of civil polity is fpeedily adopted, and in compliance with a recommendation of the General Congrefs, do ordain and declare the future form of government of Virginia to be as followeth: III. THE Legislative, Executive, and Judiciary departments, fhall be feparate and diftinct, fo that neither exercise the powers properly belonging to Legiflative, Executive, the other; nor fhall any perfon exercife the powers of more than one of them and Judiciary, feparated, with an exception. at the same time, except that the Juftices of the county courts fhall be eligible to either House of Affembly.

IV. THE Legiflative fhall be formed of two distinct branches, who, to gether, fhall be a complete Legiflature. They fhall meet once or oftener, every year, and fhall be called the General Affembly of Virginia.

Legislative formed of

two Houses, called General Affembly, hall

meet every year, once

or oftener;

ed the House of Dele

V. ONE of thefe fhall be called the Houfe of Delegates, and confift of two Representatives to be chofen for each county, and for the district of West Augufta, annually, of fuch men as actually refide in and are freeholders of the one of them to be call fame, or duly qualified according to law; and alfo one Delegate or Repre- gates, members of which, fentative to be chofen annually for the city of Williamsburg, and one for the bo- how qualified, and fur rough of Norfolk, and a Reprefentative for each of tuch other cities and bo- what places chofen. roughs as may hereafter be allowed particular reprefentation by the Legislature;

but when any city or borough fhall fo decrease, as that the number of perfons When a corporation's having right of fuffrage therein shall have been for the space of seven years fuc- right to reprefentation ceffively less than half the number of voters in fome one county in Virginia, shall cease. fuch city or borough thenceforward fhall ceafe to fend a Delegate or Repre fentative to the Affembly.

VI. THE other shall be called the Senate, and confift of twenty-four members, of whom thirteen fhall conftitute a Houfe to proceed on bufinefs, for whofe election the different counties fhall be divided into twenty-four diftricts, and each county of the refpective district, at the time of the election of its Delegates, fhall vote for one Senator, who is actually a refident and freeholder within the district, or duly qualified according to law, and is upwards of twenty-five years of age; and the fheriffs of each county, within five days at fartheft after the last county election in the diftrict, fhall meet at fome convenient place, and, from the poll fo taken in their respective counties, return as a Senator the man who shall have the greatest number of votes in the whole diftrict. To keep up this Affembly by rotation, the districts fhall be equally divided into four claffes, and numbered by lot. At the end of one year after the general election, the fix members, elected by the first divifion, fhall be difplaced, and the vacancies thereby occafioned fupplied from fuch clafs or divifion, by new election, in the manner aforefaid. This rotation fhall be applied to each divifion, according to its number, and continued in due order annually.

of what number of members the other, calfift, and how they fhalf be chofen.

led the Senate, fhall con

VII. THAT the right of fuffrage in the election of members of both Houfes Each Houfe may choofe fhall remain as exercised at prefent, and each Houfe thall choose its own Speak- and fue writs for fupits Speaker and officers, er, appoint its own officers, fettle its own rules of proceeding, and direct plying vacancies. writs of election for fupplying intermediate vacancies.

VIII. ALL laws fhall originate in the houfe of Delegates, to be approved Laws fhall originate in or rejected by the Senate, or to be amended with the confent of the Houfe of the Houfe of Delegates, Delegates, except money bills, which in no inftance shall be altered by the Se- but, if not money bills, nate, but wholly approved or rejected.

IX. A GOVERNOR, or Chief Magiftrate, fhall be chofen annually, by joint ballot of both Houfes, to be taken in each Houfe refpectively, depofited in the conference room; the boxes examined jointly by a Committee of each Houfe; and the numbers feverally reported to them, that the appointments may be entered (which fhall be the mode of taking the joint ballot of both Houfes in all cases) who fhall not continue in that office longer than three years fucceffively, nor be eligible until the expiration of four years after he fall have been out of that office, An adequate, but moderate falary, fhall be fettled on him during his continuance in office; and he fhall, with the advice of a Council of State, exercife the executive powers of government according to the laws of this commonwealth; and shall not, under any pretence, exercife any power or prerogative by virtue of any law, ftatute, or cuftom of England: But he fhall, with the advice of the Council of State, have the power

amendable by the Senate.

Governor, how chofen ;
method of balloting in
this and other cafes; his
falary and powers; re-
trained from granting
certain cafes.
reprieves or pardong in

When he may convoke

of granting reprieves or pardons, except where the profecution fhall have been carried on by the Houfe of Delegates, or the law fhall otherwife particularly direct; in which cafes, no reprieve or pardon fhall be granted, but by refolve of the Houfe of Delegates.

X. EITHER Houfe of the General Affembly may adjourn themselves rethe General Affembly. fpectively. The Governor fhall not prorogue or adjourn the Affembly during their fitting, nor diffolve them at any time; but he fhall, if neceffary, either by advice of the Council of State, or on application of a majority of the House of Delegates, call them before the time to which they shall ftand pro rogued or adjourned.

Privy Council, number of their duty, power, and time of continuance

in office.

Delegates to Congress, how chofen.

Military regulations.

Courts of Appeals, Ge

XI. A PRIVY Council or Council of State, confifting of eight members, shall be chofen by joint ballot of both Houses of Affembly, either from their own members or the people at large, to affift in the administration of government. They fhall annually choofe out of their own members a Prefident, who, in cafe of the death, inability, or neceffary absence of the Governor from the government, shall act as Lieutenant Governor. Four members fhall be fufficient to act, and their advice and proceedings fhall be entered of record, and figned by the members prefent (to any part whereof any member may enter his diffent) to be laid before the General Affembly, when called for by them. This Council may appoint their own clerk, who shall have a falary fettled by law, and take an oath of fecrecy in fuch matters as he fhall be directed by the Board to conceal. A fum of money appropriated to that purpose fhall be divided annually among the members in proportion to their attendance; and they fhall be incapable during their continuance in office, of fitting in either House of Affembly. Two members fhall be removed, by joint ballot of both Houses of Affembly, at the end of every three years, and be ineligible for the three next years. Thefe vacancies, as well as thofe occafioned by death or incapacity, thall be fupplied by new elections, in the fame manner.

XII. THE Delegates for Virginia to the Continental Congrefs fhall be chofen annually, or fuperceded in the mean time by joint ballot of both Houses of Affembly.

XIII. THE prefent militia officers fhall be continued, and vacancies fupplied by appointment of the Governor, with the advice of the Privy Council, or recommendations from the refpective County Courts; but the Governor and Council fhall have a power of fufpending any officer, and ordering a court-martial, on complaint of misbehaviour or inability, or to fupply vacancies of officers happening when in actual fervice. The Governor may embody the militia, with the advice of the Privy Council, and when embodied, shall alone have the direction of the militia under the laws of the country.

XIV. THE two Houfes of Affembly fhall, by joint ballot, appoint Judges neral, of Equity, and of the Supreme Court of Appeals, and General Court, Judges in Chancery, Admiralty, judges of; Judges of Admiralty, Secretary, and the Attorney General, to be commifSecretary, and Attorney fioned by the Governor, and continue in office during good behaviour. In cafe General, how appointed; of death, incapacity, or refignation, the Governor, with the advice of the with fome others, from Privy Council, fhall appoint perfons to fucceed in office, to be approved or difthe Legiflative and Exe- placed by both Houfes. Thefe officers thall have fixed and adequate falaries;

falaries of; excluded

utive.

Counties, Juftices of, how appointed; fhall nominate their clerks, recommend fheriffs and

coroners to be commiffioned by Executive; and appoint conftables.

Impeachments.

and, together with all others holding lucrative offices, and all Minifters of the Gofpel of every denomination, be incapable of being elected members of either Houfe of Affembly, or the Privy Council.

XV. THE Governor, with the advice of the Privy Council, fhall appoint Juftices of the Peace for the counties; and in cafe of vacancies, or a neceffity of increafing the number hereafter, fuch appointments to be made upon the recommendation of the refpective County Courts. The prefent acting Secretary in Virginia, and Clerks of all the County Courts, fhall continue in office. In cafe of vacancies, either by death, incapacity, or refignation, a Secretary fhall be appointed as before directed, and the clerks by the refpective courts. The prefent and future clerks fhall hold their offices during good behaviour, to be judged of and determined in the General Court. The Sheriffs and Coroners shall be nominated by the refpective courts, approved by the Governor, with the advice of the Privy Council, and commiffioned by the Governor. The Juftices fhall appoint Conftables, and all fees of the aforefaid officers to be regulated by law.

XVI. THE Governor, when he is out of office, and others offending against the ftate, either by mal-adminiftration, corruption, or other means by which the fafety of the ftate may be endangered, fhall be impeachable by the Houfe of Delegates. Such impeachment to be profecuted by the Attorney General, or fuch other perfon or perfons as the House may appoint in the General Court, according to the laws of the land. If found guilty

he or they fhall be either forever difabled to hold any office under government, or removed from fuch office pro tempore, or fubjected to fuch pains or penalties as the law fhall direct.

XVII. IF all, or any of the Judges of the General Court, fhall, on good grounds (to be judged of by the Houfe of Delegates) be accufed of any of the crimes or offences beforementioned, fuch Houfe of Delegates may, in like manner, impeach the Judge or Judges fo accufed, to be profecuted in the Court of Appeals; and he or they, if found guilty, fhall be punished in the fame manner as is prefcribed in the preceding claufe.

XVIII. COMMISSIONS and grants thall run In the name of the COM- Commiffions, grants and MONWEALTH of VIRGINIA, and bear tefte by the Governor, with the feal writs, tile, and tefte of. of the Commonwealth annexed. Writs fhall run in the fame manner, and bear Indictments, conclufion tefte by the clerks of the feveral courts. Indictments fhall conclude, Againft

the peace and dignity of the Commonwealth.

of.

XX. A TREASURER fhall be appointed annually, by joint ballot of Treasurer. both Houses.

feitures.

XX. ALL efcheats, penalties, and forfeitures, heretofore going to the Efcheats, penalties, forKing, fhall go to the Commonwealth, fave only fuch as the Legislature may abolith, or otherwife provide for.

fion to co-terminous ftates; future govern

XXI. THE territories contained within the charters erecting the colonies Territorial limits; celof Maryland, Pennsylvania, North and South Carolina, are hereby ceded, releafed, and forever confirmed to the people of thofe colonies refpectively, with ments weft of Mount all the rights of property, jurifdiction, and government, and all other rights Allegheny, how to be whatsoever which might at any time heretofore have been claimed by Vir- eftablished. ginia, except the free navigation and use of the rivers Potomac and Pobomake, with the property of the Virginia fhores or ftrands bordering on either of the faid rivers, and all improvements which have been or thall be made thereon. The western and northern extent of Virginia thall, in all other refpects, ftand as fixed y the charter of King James the fift, in the year one thoufand fix hundred and nine, and by the public treaty of peace between the Courts of Great-Britain and France, in the year one thousand feven hundred and fixty-three; unless, by act of Legiflature, one or more territories fhall hereafter be laid off, and governments established westward of the Alleg en mountains. And no purchase of lands fhall be made of the Indian natives but on behalf of the public, by authority of the General Affembly.

XXII. IN order to introduce this government, the reprefentatives of the people met in Convention fhall choofe a Governor and Privy Council, alfo fuch other officers directed to be chofen by both Houfes as may be judged neceflary to be immediately appointed. The Senate to be firft chofen by the people, to continue until the last day of March next, and the other officers until the end of the fucceeding feflion of Affembly. In cafe of vacancies, the

Speaker of either House shall iflue writs for new elections.

At a General Affembly fummoned to be held at the Capitol, in the City of Williamsburg, on the 1ft Day of August, in the 9th Year of the Reign of George the Second, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. and from thence continued by feveral Prorogations to the 5th Day of August, in the 10th Year of his faid Majefty's Reign, and in the Year of our Lord 1736.

CHAP. III.

•An Ad for confirming and better fecuring the Titles to Lands in the Northern Neck, held under the Right Honorable Thomas Lord Fairfax, Baron of Came ron, in that part of Great-Britain, called Scotland.

1.

dian natives, but for reNo purchafes from In

public.

1736.

WHEREAS the late King Charles II. by certain letters patents, under Recital of the parent,

21 Car. 2. wherein is

W the great feal of England, bearing date at Westminster, the eighth day recited another pacent of May, in the one and twentieth year of his reign, reciting, that he, taking into ejufdem Regis. his royal confideration the propagation of the Chriftian faith, and the mani

Vide poft, chap. 4. Revised Code, (1785) 110.

Oa. 1779, chap. 18.)

Oct. 1782, chap. 8.33

May 1783. chap. 38.

176. 180. 206.

1784, chap. 91. 1785, thap. 42, 47. 1786, chap. 3. 1787, chap. 38. Acts of 1796, chap. 14.