Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1901-07-25

on EledulDle anu DJl VI LNiSheS "~~
mitted TO the Constitutional Convention
by the Chairman, Hon. Bergman
Green, of Danville. 1t is understood that
the preamble was the work of the Hon.
John S. Barbour, of Culpeper:
CONSTITUTION.
Whereas, pursuant to an act OF the Cen
ernal Assembly of Virginia, approved
March the fifth, in the year of our Lord
nineteen hundred, the question, "Shall
there be a convention to revise the Constl.
tuition and amend the same?" was sub
mitted to the electors of the State OF Nr-
ginia, qualified to vote for members OF the
General Assembly, at an election held
throughout the State on the fourth Thurs
day in May in the year nineteen hundred,
at which election majority of the electors
so qualified voting at said election did de-
eide in favor of convention for such pur-
pose; and
Whereas, the General Assembly at its
next session did provide by law for the
election of delegates to such convention, III
pursuance whereof the members OF this
convention were elected by the good peo-
pie of Virginia to meet in convention Tor
such purpose.
We, therefore, the delegates of the good
people of Virginia so elected and in con-
vention assembled, u Nrdain and declare
the future form of government Of Virginia
to be as followeth:
ARTICLE bill OF RIGHTS.
A Declaration of Rights, Made by the
Represent atives of the Good People OF
Virginia, Assembled in Full and Free
Convention, Which Rights DO Pertain
to Them and Their Posterity, 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 en-
ter into a state of sUclety, they cannot, by
any compact, deprive or divest their pos
terity, namely, the enjoyment of life and
liberty, with the means of acquiring and
obtaining happiness and safety.
.. That all power is vested in, and con-
sequently derived from, the people; that
magistrates are their trustees and servants,
and at all times amenable to them.
8. That government is, or ought to be,
instituted for the common benefit, protec-
ton 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 ehectually
secured against the danger of mal'admlnis-
tration, and that, when any government
shall be found inadequate or contrary TO
these purposes, a majority of the cOmmu'
nity hath an indubitable, inalienable and
indefeasible right to reform, alter or abol-
ish it in such manner as shall be judged
most conducive to the public veal.
4. That 40 man, or set of men, are en-
titled to exclusive or separate emoluments
or privileges from the community, but IN
consideration of public services; which, not
peing dtscendible, neither ought the office
of magistrate, legislator or judge to be
hereditary.
5. That the legislative, executive and
judicial powers Of the State should be sep
arate and distinct; and that the members
thereof may be restrained from oppression
by feeling and participating the burthen'
OF the people, they should, at fixed peri
DDS, be reduced to private station, return
ing into that body from which they were
originally taken, and the vacancies be sup
piled by regular elections, in which all
or any part of the former members shall bt
again eligible, or ineligible, as the laws
may direct.
6. That all elections ought to be free
and that all men, having sufficient evl
dence of permanent common Interest,"
with, and attachment to, the community
have the right of suffrage, and cannot b'
taxed, or deprived of, or damaged in
their property for public uses, withou
their own consent, or that OF thel
representatives so elected, nor bound b.
any law to which they have not, in lik'
manner, assented, for the public good.
7. That all power of suspending laws
or the execution of the laws, by any au
thority, without consent ofthe representa-
tiv.s of the people, is injurious to thei
rights, and ought not to be exercised.
s. That, in all capital or criminal pros
ecutions, a man bath a right to deman
the cause and nature of his accusation, t
be confronted with the accusers and vii
nesses, to call for evidence in his favor
and to speedy trial by an impartial jur
of his vicnage, without whose unanimou
consent he cannot be found guilty, nc
shall any person be twice put in jeopardy
for the same offence; nor can he be CON
pelled to give evidence against himsel
that no man be deprived of his liberty
except by the law of the land or the JUDI
ment of his peers, but upon plea of guilt
by the accused, or with his consent
entered of record, the court may hear an
determine any criminal case without th
Intervention of a jury; and Gener
Assembly may, by law, proviC
for the trial, by justices of the peace, wit
out a jury, of man accused Of any Grim
nal offence not punishable by death or CO..
fnement in the penitentlary, but in
such cases the General Assembly shf
preserve the right of the accused to an a.
peal AMI trial by jury in the appella
court.
o. ;lhat excessive bail ought not to
required, nor excessive fines imposed, M