Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1862-01-14
A DECLARATION OF RIGHTS.

A DECLARATION OF RIGHTS.
Made 6y the Representatives. of the goodpeops or
Virginia, assembled in full and free Con0ss-
tion, aohich rights do pertain to them and their
posterity as the basis and foundation of GO0-
era,naent. Hdlat
l. That all men are by nature equally free and
independent, and have certain inherent rights, Of
which, when they enter into 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. lGli - 4.a. 81 s-.s 42 Jap
q That all power isEested in, land consequent
ly derived from, the people; that magistrates are
their trustees and servants, and at all times
amenable to them.
3. That Government Is, or ought to be, insti-
tuted 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
NAL administration; and that, when any Govern
ment shall be found inadequate or contrary to
these purposes, majority OF the community
hath an nindubitable, unalienable and indefeasible
right to reform, alter or abolish it, in such man
ner as shall be judged most conductive to the
public veal. es a.il1 boz sal
4. That no man, or set of men. are entitled to
exclusive or separate smolumsnts or privileges
from the community, bat in consideration OF
public services, which, not being descendabe,
neither ought the Offices of magistrate, legislator
or judge to be hereditary. sol 1-5T
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 feel
ing and participating the burthens Of the people,
they should, at fixed periods, be reduced to
s-uA1 H. |, ,,DI>
they were originally taken, and the 7acancles be
supplied by frequent, certain, and regular cleo
tions, In which all, or any part OF the former
members to be again eligible or Ineligible as the
laws shall direct. 1 i'.@
6. That elections of all members to serve asrep-
resentatives of the people in Assembly ought to
ne tree, and that all men having sufficient evil
dence of permanent common interest with, and
attachment to, the community, have right Of
suffrage and cannot be taxed or deprived OF their
property for public uses, without their own con-
sent, or that of their representatives elected,
nor bound by any law to which they have not in
like manner assented for the public good.
Z. That all power of suspending laws, or the
execution of laws, by any authority, without
&C nSent of the representatives of the people, is
injurious to their rights, and ought not to be ex
erciSed.
8. That in all capital or criminal prosecutions,
a man hath right to demand the cause and ns-
the accusers and Witnesses, to call for evidence
in his favor, and to a speedy trial by an ppar-
tial jury of his vicinage, without whose unani-
nous 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:
8. That excessive bail ought not to be requir-
ed: nor excessive fines imposed, nor cruel and
unusual punishment inflicted.
10. That general warrants, whereby an officer
or messenger may be commanded to search sus-
pected places without evidence of a fact commit
ted, or to seize any person or persons not named
or whose offence is not particularly described
and supported by evidence, are grievous and op-
pressive, and ought not to be granted.
H. 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. - 81 .iea Ttn 5aT ~
II. That the freedom of the press is one of
the great bulwarks of liberty, and can never be
restrained but by despOtic GOvernme ats. 81
13. That we'll regulated militia, composed of
the body of the people, trained to arms, is the
proper, natural, and safe defence of 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 subor-
dination to and governed by the civil power. %
IA. That the people have right to uniform
Governmentv; and, therefore, that no Govern
menG separate lrom, or rluueponueutsol, Tie UCV-
ernment of Virginia, ought to be erected or es-
tablished within the limits thereof. III. ,e"i
15.. That no free Government or. the blessings
Of libertyc can be preserved to any people but by
a firm adherence to justice, moderation, temper
ance, trugality, and virtue, and by frequent re-
currence to fundamental principles. sp .-
716.s hat 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 reli-
gion 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. Iis