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 civilpower.
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 or 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.