The Virginia Declaration of Rights
June 12, 1776
I 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.
II 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.
III 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,
whenever any government shall 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 such manner as
shall be judged most conducive to the public weal.
IV 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 be hereditary.
V That the
legislative and executive powers of the state should be separate and
distinct from the judicative; 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.
VI 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.
VII 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.
VIII 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, 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 judgement of his peers.
IX That
excessive bail ought not to be required, nor excessive fines imposed; nor
cruel and unusual punishments inflicted.
X That 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 offense is not particularly
described and supported by evidence, are grievous and oppressive and ought
not to be granted.
XI 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.
XII That the
freedom of the press is one of the greatest bulwarks of liberty and can
never be restrained but by despotic governments.
XIII That a well
regulated militia, composed of the body of the people, trained to arms, is
the proper, natural, and safe defense 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 be governed by, the civil power.
XIV 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.
XV 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.
XVI That
religion, or the duty which we owe to our Creator and the manner of
discharging it, can be directed 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.
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