Founding America: Documents from the Revolution to the Bill of Rights (17 page)

Why may not writs, instead of running in the name of a King, run thus, “The Colony of_____ to the Sheriff, &c.” and be tested by the Chief Justice.

Why may not indictments conclude, “against the peace of the Colony of and the dignity of the same?”

A Constitution, founded on these principles, introduces knowledge among the People, and inspires them with a conscious dignity, becoming Freemen. A general emulation takes place, which causes good humour, sociability, good manners, and good morals to be general. That elevation of sentiment, inspired by such a government, makes the common people brave and enterprizing. That ambition which is inspired by it makes them sober, industrious and frugal. You will find among them some elegance, perhaps, but more solidity ; a little pleasure, but a great deal of business—some politeness, but more civility. If you compare such a country with the regions of domination, whether Monarchial or Aristocratical, you will fancy yourself in Arcadia or Elisium.

If the Colonies should assume governments separately, they should be left entirely to their own choice of the forms, and if a Continental Constitution should be formed, it should be a Congress, containing a fair and adequate Representation of the Colonies, and its authority should sacredly be confined to these cases, viz. war, trade, disputes between Colony and Colony, the Post-Office, and the unappropriated lands of the Crown, as they used to be called.

These Colonies, under such forms of government, and in such a union, would be unconquerable by all the Monarchies of Europe.

You and I, my dear Friend, have been sent into life, at a time when the greatest law-givers of antiquity would have wished to have lived. How few of the human race have ever enjoyed an opportunity of making an election of government more than of air, soil, or climate, for themselves or their children. When! Before the present epocha, had three millions of people full power and a fair opportunity to form and establish the wisest and happiest government that human wisdom can contrive? I hope you will avail yourself and your country of that extensive learning and indefatigable industry which you possess, to assist her in the formations of the happiest governments, and the best character of a great People. For myself, I must beg you to keep my name out of sight, for this feeble attempt, if it should be known to be mine, would oblige me to apply to myself those lines of the immortal John Milton, in one of his sonnets,

THE CONGRESS THEN RESUMED the consideration of the report from the committee of the whole, which being read was agreed to as follows:

Resolved, That it be recommended to the respective assemblies and conventions of the United Colonies, where no government suf ficient to the exigencies of their affairs have been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.

THE CONGRESS TOOK INTO consideration the draught of the preamble brought in by the committee, which was agreed to as follows:

Whereas his Britannic Majesty, in conjunction with the lords and commons of Great Britain, has, by a late act of Parliament, excluded the inhabitants of these United Colonies from the protection of his crown; And whereas, no answer, whatever, to the humble petitions of the colonies for redress of grievances and reconciliation with Great Britain, has been or is likely to be given; but, the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies; And whereas, it appears absolutely irreconcileable to reason and good Conscience, for the people of these colonies now to take the oaths and affirmations necessary for the support of any government under the crown of Great Britain, and it is necessary that the exercise of every kind of authority under the said crown should be totally suppressed, and all the powers of government exerted, under the authority of the people of the colonies, for the preservation of internal peace, virtue, and good order, as well as for the defence of their lives, liberties, and properties, against the hostile invasions and cruel depredations of their enemies; therefore, resolved, &c.

Ordered, That the said preamble, with the resolution passed the 10th instant, be published.

A DECLARATION OF RIGHTS made by the Representatives 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.

1. 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.

2. 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.

3. 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 mal-administration; —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 publick weal.

4. That no man, or set of men, are entitled to exclusive or separate emoluments and privileges from the community, but in consideration of publick services; which, not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.

5. 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 burdens 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 law shall direct.

6. That elections of members to serve as Representatives of the people, in Assembly, ought to be free; and that all men, having suf ficient 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 publick uses without their own consent or that of their Representative so elected, nor bound by any law to which they have not, in like manner, assented, for the publick good.

7. 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.

8. 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 favour, 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 judgment of his peers.

9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

10. 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 offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.

11. 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.

12. That the freedom of the Press is one of the greatest bulwarks of liberty, and can never be restrained but by despotick Governments.

13. That a well-regulated Militia, composed 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, in all cases, the military should be under strict subordination to, and governed by, the civil power.

14. 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.

15. That no free Government, or the blessing 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.

16. That 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 religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity, towards each other.

In a General Convention.

 

BEGUN AND HOLDEN AT the Capitol, in the City of Williamsburg, on Monday the sixth day of May, one thousand seven hundred and seventy six, and continued, by adjournments to the __ day of June following:

 

A CONSTITUTION, OR FORM OF GOVERNMENT,

 

 

agreed to and resolved upon by the Delegates and Representatives of the several Counties and Corporations of Virginia.

Whereas George the Third, King of Great Britain and Ireland, and Elector of Hanover, heretofore intrusted with the exercise of the Kingly Office in this Government, hath endeavoured to pervert the same into a detestable and insupportable Tyranny; by putting his negative on laws the most wholesome and necessary for the publick good;

by denying his Governours permission to pass Laws of immediate and pressing importance, unless suspended in their operation for his assent, and, when so suspended, neglecting to attend to them for many Years;

by refusing to pass certain other laws, unless the persons to be benefited by them would relinquish the inestimable right of representation in the legislature;

by dissolving legislative assemblies repeatedly and continually, for opposing with manly firmness his invasions of the rights of the people;

when dissolved, by refusing to call others for a long space of time, thereby leaving the political system without any legislative head;

by endeavouring to prevent the population of our Country, and, for that purpose, obstructing the laws for the naturalization of foreigners ;

by keeping among us, in times of peace, standing Armies and Ships of war;

by affecting to render the Military independent of, and superiour to, the civil power;

by combining with others to subject us to a foreign Jurisdiction, giving his assent to their pretended Acts of Legislation;

for quartering large bodies of armed troops among us;

for cutting off our Trade with all parts of the World;

for imposing Taxes on us without our Consent;

for depriving us of the Benefits of Trial by Jury;

for transporting us beyond Seas, to be tried for pretended Of fences ;

for suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all Cases whatsoever;

by plundering our Seas, ravaging our Coasts, burning our Towns, and destroying the lives of our People;

by inciting insurrections of our fellow Subjects, with the allurements of forfeiture and confiscation;

by prompting our Negroes to rise in Arms among us, those very negroes whom, by an inhuman use of his negative, he hath refused us permission to exclude by Law;

by endeavouring to bring on the inhabitants of our Frontiers the merciless Indian savages, whose known rule of Warfare is an undistinguished Destruction of all Ages, Sexes, and Conditions of Existance ;

by transporting, at this time, a large Army of foreign Mercenaries, to compleat the Works of Death, desolation, and Tyranny, already begun with circumstances of Cruelty and Perfidy unworthy the head of a civilized Nation;

by answering our repeated Petitions for Redress with a Repetition of Injuries;

and finally, by abandoning the Helm of Government, and declaring us out of his Allegiance and Protection;

By which several Acts of Misrule, the Government of this Country, as formerly exercised under the Crown of Great Britain, is totally dissolved; We therefore, the Delegates and Representatives of the good People of Virginia, having maturely considered the Premises, and viewing with great concern the deplorable condition to which this once happy Country must be reduced, unless some regular adequate Mode of civil Polity is speedily adopted, and in Compliance with a Recommendation of the General Congress, do ordain and declare the future Form of Government of Virginia to be as followeth:

The legislative, executive, and judiciary departments, shall be separate and distinct, so that neither exercise the Powers properly belonging to the other; nor shall any person exercise the powers of more than one of them at the same time, except that the Justices of the County Courts shall be eligible to either House of Assembly.