DRAFT
CONSTITUTION FOR VIRGINIA JUNE
1776 FAIR
COPY A Bill for
new-modelling the form of Government and for establishing the Fundamental
principles thereof in future. Whereas
George Guelf king of Great Britain and Ireland and Elector of Hanover, heretofore
entrusted with the exercise of the kingly office in this government hath
endeavored to pervert the same into a detestable and insupportable tyranny; by putting
his negative on laws the most wholesome & necessary for ye public good; by denying
to his governors permission to pass laws of immediate and pressing importance,
unless suspended in their operations for his assent, and, when so suspended,
neglecting to attend to them for many years; by refusing
to pass certain other laws, unless the person 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 on 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
endeavoring to prevent the population of our country, & for that purpose
obstructing the laws for the naturalization of foreigners & raising the
condition lacking appropriations of lands; by keeping
among us, in times of peace, standing armies and ships of war; lacking to
render the military independent of & superior 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 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 offences; and for
suspending our own legislatures & 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 &
confiscation; by prompting
our negroes to rise in arms among us; those very negroes whom *he hath from
time to time by an inhuman use of his negative he hath refused permission to
exclude by law; by
endeavoring 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, & conditions of existence; by
transporting at this time a large army of foreign mercenaries to complete the
works of death, desolation & tyranny already begun with circumstances of
cruelty & perfidy so 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
& protection; by which
several acts of misrule the said George Guelf has forfeited the kingly office
and has rendered it necessary for the preservation of the people that he should
be immediately deposed from the same, and divested of all its privileges,
powers, & prerogatives: And
forasmuch as the public liberty may be more certainly secured by abolishing an
office which all experience hath shewn to be inveterately inimical thereto *or
which* and it will thereupon become further necessary to re-establish such
ancient principles as are friendly to the rights of the people and to declare
certain others which may co-operate with and fortify the same in future. Be it
therefore enacted by the authority of the people that the said, George Guelf
be, and he hereby is deposed from the kingly office within this government and
absolutely divested of all it's rights, powers, and prerogatives: and that he
and his descendants and all persons acting by or through him, and all other
persons whatsoever shall be and forever remain incapable of the same: and that
the said office shall henceforth cease and never more either in name or
substance be re-established within this colony. And be it
further enacted by the authority aforesaid that the following fundamental laws
and principles of government shall henceforth be established. The
Legislative, Executive and Judiciary offices shall be kept forever separate; no
person exercising the one shall be capable of appointment to the others, or to
either of them. LEGISLATIVE Legislation
shall be exercised by two separate houses, to wit a house of Representatives,
and a house of Senators, which shall be called the General Assembly of
Virginia. Ho. of
Representatives The sd house
of Representatives shall be composed of persons chosen by the people annually
on the [1st day of October] and shall meet in General assembly on the [1st day
of November] following and so from time to time on their own adjournments, or
at any time when summoned by the Administrator and shall continue sitting so
long as they shall think the publick service requires. Vacancies in
the said house by death or disqualification shall be filled by the electors
under a warrant from the Speaker of the said house. Electors All male
persons of full age and sane mind having a freehold estate in [one fourth of an
acre] of land in any town, or in [25] acres of land in the country, and all
elected persons resident in the colony who shall have paid scot and lot to
government the last [two years] shall have right to give their vote in the
election of their respective representatives. And every person so qualified to
elect shall be capable of being elected, provided he shall have given no bribe
either directly or indirectly to any elector, and shall take an oath of
fidelity to the state and of duty in his office, before he enters on the
exercise thereof. During his continuance in the said office he shall hold no
public pension nor post of profit, either himself, or by another for his use. The number
of Representatives for each county or borough shall be so proportioned to the
numbers of it's qualified electors that the whole number of representatives
shall not exceed [300] nor be less than [125.] for the present there shall be
one representative for every [ ] qualified electors in each county or borough:
but whenever this or any future proportion shall be likely to exceed or fall
short of the limits beforementioned, it shall be again adjusted by the house of
representatives. The house of
Representatives when met shall be free to act according to their own judgment
and conscience. Senate The Senate
shall consist of not less than [15] nor more than [50] members who shall be
appointed by the house of Representatives. One third of them shall be removed
out of office by lot at the end of the first [three] years and their places be
supplied by a new appointment; one other third shall be removed by lot in like
manner at the end of the second [three] years and their places be supplied by a
new appointment; after which one third shall be removed annually at the end of
every [three] years according to seniority. When once removed, they shall be
forever incapable of being re-appointed to that house. Their qualifications
shall be an oath of fidelity to the state, and of duty in their office, the
being [31] years of age at the least, and the having given no bribe directly or
indirectly to obtain their appointment. While in the senatorial office they
shall be incapable of holding any public pension or post of profit either
themselves, or by others for their use. The judges
of the General court and of the High court of Chancery shall have session and
deliberative voice, but not suffrage in the house of Senators. The Senate
and the house of representatives shall each of them have power to originate and
amend bills; save only that bills for levying money *bills* shall be originated
and amended by the representatives only: the assent of both houses shall be
requisite to pass a law. The General
assembly shall have no power to pass any law inflicting death for any crime,
excepting murder, such those offences in the military service for which they
shall think punishment by death absolutely necessary: and all capital
punishments in other cases are hereby abolished. Nor shall they have power to
prescribe torture in any case whatever: nor shall there be power anywhere to
pardon crimes or to remit fines or punishments: nor shall any law for levying
money be in force longer than [ten years] from the time of its commencement. [Two thirds]
of the members of either house shall be a Quorum to proceed to business. EXECUTIVE The
executive powers shall be exercised in manner following. Administrator One person
to be called the [Administrator] shall be annually appointed by the house of
Representatives on the second day of their first session, who after having
acted [one] year shall be incapable of being again appointed to that office
until he shall have been out of the same [three] years. Deputy admr Under him
shall be appointed by the same house and at the same time, a
Deputy-Administrator to assist his principal in the discharge of his office,
and to succeed, in case of his death before the year shall have expired, to the
whole powers thereof during the residue of the year. The
administrator shall possess the power formerly held by the king: save only
that, he shall be bound by acts of legislature tho' not expressly named; he shall
have no negative on the bills of the Legislature; he shall be
liable to action, tho' not to personal restraint for private duties or wrongs; he shall not
possess the prerogatives; of
dissolving, proroguing or adjourning either house of Assembly; of declaring
war or concluding peace; of issuing
letters of marque or reprisal; of raising
or introducing armed forces, building armed vessels, forts or strongholds; of coining
monies or regulating their values; of
regulating weights and measures; of erecting
courts, offices, boroughs, corporations, fairs, markets, ports, beacons,
lighthouses, seamarks. of laying
embargoes, or prohibiting the exportation of any commodity for a longer space
than [40] days. of retaining
or recalling a member of the state but by legal process pro delicto vel
contractu. of making
denizens. *of
pardoning crimes, or remitting fines or punishments.* of creating
dignities or granting rights of precedence. but these
powers shall be exercised by the legislature alone, and excepting also those
powers which by these fundamentals are given to others, or abolished. Privy
Council A Privy
council shall be annually appointed by the house of representatives whose
duties it shall be to give advice to the Administrator when called on by him.
With them the Deputy Administrator shall have session and suffrage. Delegates Delegates to
represent this colony in the American Congress shall be appointed when
necessary by the house of Representatives. After serving [one] year in that
office they shall not be capable of being re-appointed to the same during an
interval of [one] year. Treasurer A treasurer
shall be appointed by the house of representatives who shall issue no money but
by authority of both houses. ATTORNEY
GENRL An Attorney
general shall be appointed by the house of Representatives HIGH
SHERIFFS, &C High
Sheriffs and Coroners of counties shall be annually elected by those qualified
to vote for representatives: and no person who shall have served as high
sheriff [one] year shall be capable of being re-elected to the said office in
the same county till he shall have been out of office [five] years. Other
Officers All other
Officers civil and military shall be appointed by the Administrator; but such
appointment shall be subject to the negative of the Privy council, saving
however to the Legislature a power of transferring to any other persons the
appointment of such officers or any of them. JUDICIARY The
Judiciary powers shall be exercised First, by
County courts and other inferior jurisdictions: Secondly, by
a General court & a High court of Chancery: Thirdly, by
a Court of Appeals. COUNTY
COURTS, &C The judges
of the county courts and other inferior jurisdictions shall be appointed by the
Administrator, subject to the negative of the privy council. They shall not be
fewer than [five] in number. Their jurisdictions shall be defined from time to
time by the legislature: and they shall be removable for misbehavior by the
court of Appeals. Genl. Court and High Ct. of Chancery The Judges
of the General court and of the High court of Chancery shall be appointed by
the Administrator and Privy council. If kept united they shall be [5] in
number, if separate, there shall be [5] for the General court & [3] for the
High court of Chancery. The appointment shall be made from the faculty of the
law, and of such persons of that faculty as shall have actually exercised the
same at the bar of some court or courts of record within this colony for
[seven] years. They shall hold their commissions during good behavior, for
breach of which they shall be removable by the court of Appeals. Their
jurisdiction shall be defined from time to time by the Legislature. Court
of Appeals The Court of
Appeals shall consist of not less than [7] nor more than [11] members, to be
appointed by the house of Representatives: they shall hold their offices during
good behavior, for breach of which they shall be removable by an act of the
legislature only. Their jurisdiction shall be to determine finally all causes
removed before them from the General Court or High Court of Chancery, or of the
county courts or other inferior jurisdictions for misbehavior: [to try
impeachments against high offenders lodged before them by the house of
representatives for such crimes as shall hereafter be precisely defined by the
Legislature, and for the punishment of which, the said legislature shall have
previously prescribed certain and determinate pains.] In this court the judges
of the General court and High court of Chancery shall have session and
deliberative voice, but no suffrage. Juries All facts in
causes whether of Chancery, Common, Ecclesiastical, or Marine law, shall be
tried by a jury upon evidence given viva voce, in open court: but where
witnesses are out of the colony or unable to attend through sickness or other
invincible necessity, their deposition may be submitted to the credit of the
jury. Fines,
&c. All Fines or
Amercements shall be assessed, & Terms of imprisonment for Contempts &
Misdemeanors shall be fixed by the verdict of a Jury. Process All Process
Original & Judicial shall run in the name of the court from which it
issues. Quorum Two thirds
of the members of the General court, High court of Chancery, or Court of
Appeals shall be a Quorum to proceed to business. RIGHTS,
PRIVATE AND PUBLIC Lands Unappropriated
or Forfeited lands shall be appropriated by the Administrator with the consent
of the Privy council. Every person
of full age neither owning nor having owned [50] acres of land, shall be
entitled to an appropriation of [50] acres or to so much as shall make up what
he owns or has owned [50] acres in full and absolute dominion. And no other
person shall be capable of taking an appropriation. Lands
heretofore holden of the crown in fee simple, and those hereafter to be
appropriated shall be holden in full and absolute dominion, of no superior
whatever. No lands
shall be appropriated until purchased of the Indian native proprietors; nor
shall any purchases be made of them but on behalf of the public, by authority
of acts of the General assembly to be passed for every purchase specially. The
territories contained within the charters erecting the colonies of Maryland,
Pennsylvania, North and South Carolina, are hereby ceeded, released, &
forever confirmed to the people of those colonies respectively, with all the
rights of property, jurisdiction and government and all other rights whatsoever
which might at any time heretofore have been claimed by this colony. The
Western and Northern extent of this country shall in all other respects stand
as fixed by the charter of until by act of the Legislature one or more
territories shall be laid off Westward of the Alleghaney mountains for new
colonies, which colonies shall be established on the same fundamental laws
contained in this instrument, and shall be free and independent of this colony
and of all the world. Descents
shall go according to the laws Gavelkind, save only that females shall have
equal rights with males. Slaves No person
hereafter coming into this county shall be held within the same in slavery
under any pretext whatever. Naturalization All persons
who by their own oath or affirmation, or by other testimony shall give
satisfactory proof to any court of record in this colony that they propose to
reside in the same [7] years at the least and who shall subscribe the
fundamental laws, shall be considered as residents and entitled to all the
rights of persons natural born. Religion All persons
shall have full and free liberty of religious opinion; nor shall any be
compelled to frequent or maintain any religious institution. Arms No freeman
shall be debarred the use of arms [within his own lands]. Standing
Armies There shall
be no standing army but in time of actual war. Free
Press Printing
presses shall be free, except so far as by commission of private injury cause
may be given of private action. Forfeitures All
Forfeitures heretofore going to the king, shall go the state; save only such as
the legislature may hereafter abolish. Wrecks The royal
claim to Wrecks, waifs, strays, treasure-trove, royal mines, royal fish, royal
birds, are declared to have been usurpations on common right. Salaries No Salaries
or Perquisites shall be given to any officer but by some future act of the
legislature. No salaries shall be given to the Administrator, members of the
legislative houses, judges of the court of Appeals, judges of the County
courts, or other inferior jurisdictions, Privy counsellors, or Delegates to the
American Congress: but the reasonable expences of the Administrator, members of
the house of representatives, judges of the court of Appeals, Privy
counsellors, & Delegates for subsistence while acting in the duties of
their office, may be borne by the public, if the legislature shall so direct. Qualifications No person
shall be capable of acting in any office Civil, Military [or Ecclesiastical]
The Qualifications of all not otherwise directed, shall be an oath of fidelity
to state and the having given no bribe to obtain their office who shall have given
any bribe to obtain such office, or who shall not previously take an oath of
fidelity to the state. None of
these fundamental laws and principles of government shall be repealed or
altered, but by the personal consent of the people on summons to meet in their
respective counties on one and the same day by an act of Legislature to be
passed for every special occasion: and if in such county meetings the people of
two thirds of the counties shall give their suffrage for any particular
alteration or repeal referred to them by the said act, the same shall be
accordingly repealed or altered, and such repeal or alteration shall take it's
place among these fundamentals and stand on the same footing with them, in lieu
of the article repealed or altered. The laws heretofore
in force in this colony shall remain in force, except so far as they are
altered by the foregoing fundamental laws, or so far as they may be hereafter
altered by acts of the Legislature. FONTE: |
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