Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-02-04
VOL. 20.
The Bill of Civil Rights.

lowing Bill OF Rights, by sections. Its con-
sideration as a whole, was for the time post
poned:- -
Report Of The Committee Of the Whole on the
Preamble, Bill Of Rights, and diUision Of
the pocers Of government.
The committee to whom were referred the
preamble, Bill of Rights, and Division of the
powers of government, have had the sub
jects to them referred under consideration,
and have, in performance of the duties de-
volved upon them, agreed to recommend to
the Convention the adoption of the following
preamble, Bill OF Rights, and articles one
and two OF the Constitution
4 Declaration Of Rights, made by the rep
resentatiUes of the good people Of Virginia,
assembled in full and free Convemtion,
1chich rights do pertain to them and their
7oosteritv as the basis and foundation Of
government.
l. 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, de-
privc 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.
i LdL lulS CldlC Sidll CNCI d
member of the United States of America,
and that the people thereof are part of the
American nation, and that all attempts, from
whatever source or upon whatever pretext, to
dissolve said Union or to sever said nation,
are unauthorized, and ought to be resisted
with the whole power of the State.
g. That the Constitution of the United
States and the laws of Congress passed in
pursuance thereof constitute the supreme
law of the land, to which paramount alle-
glance and obedience are due from every cit
izen, anything in the constitution, ordinances
or laws of any State to the contrary, notwith.
standing.
/. That all power is vested in, and conse>
quently derived from the people; that magis-
trates are their trustees and servants, and at
all times amenable to them.
5. That government is, or ought to be, in
stituted for the common benefit, protection,
and security of the people, nation, or COM
munity. OF all the various forms of gov
ernment, that is best which is capable of pro-
ducing the greatest degree of happiness and
safety, and is most ctiectually secured against
the danger of maladministration and that,
whenever any government shall be found in
adequate or contrary to these purposes, ma
jorlty 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 veal.
6. That no man, or set of men, are cnti
tied to exclusive or separate emoluments or
privileges from the community but in consd-
Grafton of public services, which, not being
descendabie, neither ought the offices of ma
gistrate, legislator, or judge to be hereditary,
T. That the legislative, executive, and ju-
dicial powers should be separate and distinct;
and that the members thereof may be re-
strained from oppression by feeling and par
ticipating the burthens of the people, they
should at fixed periods be reduced to Il pri-
vate station, return into that body from which
they were originally taken, and the vacan-
cies be supplied by frequent, certain, and reg
ular elections, in which all, or any part of the
former members, to be again eligible or inel>
igible as the laws shall direct.
s. That all elections ought to be free, and
that all men having sufficient evidence Of per-
manent common interest with, and attach
ment 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.
0. That all power of suspending laws, or
the execution of laws, by any authority, with
out consent of the representatives Of the peo>
pie, is injurious to their rights, and ought
not to be exercised.
10. That in all capital or criminal prose-
cutions, man hath right to demand the
cause and nature of his accusation, to be con-
fronted with the accusers and witnesses, to
call for evidence in his favor, and to a speedy
trial by an impartial jury of twelve men of
his vicinage, without whose unanimous con-
sent he cannot be found guilty; nor can he
be compelled to give evidence against him
self; that no man be deprived of his liberty,
except by the law Of the land or the judg-
ment Of his peers
IL That excessive bail ought not to be
required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
u. That general warrants, whereby an
officer or messenger may be commanded to
search suspected places without evidence Of
fact committed, or to seize any person or
persons not named, or whose offence is not
particularly described and supported by evi-
dencc, arc grievous and oppressive, and ought
not to be granted.
l3. That III controversies respecting pro-
perty and in suits between man and man the
ancient trial by jury of twelve men is prefer
able to any other, and ought to be held sa-
cred
II. That the freedom of the press is one
of the great bulwarks of liberty, and can never
be restrained but by despotic governments.
Is. That a welregulated militia, COM
posed 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 iu all cases the military
should be under strict subordination TO and
governed by the civil power
lG. That the people have a right to uni
form government, and therefore that no gov
ernment separate from or Independent of the
tod