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The Virginia Stamp Act Resolutions · 1765 ·: Patrick Henry, who was a new member to the House of Burgesses undertook a radical move against the authority of Parliament. In coalition with George Johnston, a representative from Fairfax county, Henry took the floor in May of 1765. The Burgesses, a very aristocratic company of wealthy plantation owners and gentlemen, had long operated under a relaxed rule that allowed 24 percent of the body to constitute a quorum. That day, only 39 members in attendance, Johnson moved that the House resolve itself into a committee of the whole, Henry seconded the motion, and proceeded to offer a shocking series of resolutions. In the absence of the normal, conservative, leadership, all five of the offered resolutions were adopted. The first four were merely strident. The fifth required several hours of heated debate & even then passed by only one vote. Ultimately, it would be retracted (see text following the resolves, below.) The following five resolves were passed by the House of Burgesses on May 30, 1765:

Resolved, that the first adventurers and settlers of His Majesty's colony and dominion of Virginia brought with them and transmitted to their posterity, and all other His Majesty's subjects since inhabiting in this His Majesty's said colony, all the liberties, privileges, franchises, and immunities that have at any time been held, enjoyed, and possessed by the people of Great Britain.

Resolved, that by two royal charters, granted by King James I, the colonists aforesaid are declared entitled to all liberties, privileges, and immunities of denizens and natural subjects to all intents and purposes as if they had been abiding and born within the Realm of England.

Resolved, that the taxation of the people by themselves, or by persons chosen by themselves to represent them, who can only know what taxes the people are able to bear, or the easiest method of raising them, and must themselves be affected by every tax laid on the people, is the only security against a burdensome taxation, and the distinguishing characteristic of British freedom, without which the ancient constitution cannot exist.

Resolved, that His Majesty's liege people of this his most ancient and loyal colony have without interruption enjoyed the inestimable right of being governed by such laws, respecting their internal policy and taxation, as are derived from their own consent, with the approbation of their sovereign, or his substitute; and that the same has never been forfeited or yielded up, but has been constantly recognized by the kings and people of Great Britain.

The fifth item, following, was rescinded the next day. Henry, perhaps believing that the matter would stand, had departed. The conservative members re-formed on May 31st for the purpose of removing all five resolutions, but succeeded only in removing this one. The text of it was found with Patrick Henry's will:

Resolved, therefor that the General Assembly of this Colony have the only and exclusive Right and Power to lay Taxes and Impositions upon the inhabitants of this Colony and that every Attempt to vest such Power in any person or persons whatsoever other than the General Assembly aforesaid has a manifest Tendency to destroy British as well as American Freedom.

Two more resolutions were widely reprinted throughout the colonies. Henry did not actually offer them, probably on account of the difficulty of passing the fifth. Lieutenant Governor Fauquir later reported that "they had two more in their pockets." Somehow these two appeared in the Rhode Island Newport Mercury on June 24 of 1765*. The Burgesses considered the language exclusive Right and Power in the fifth item to be treacherous. The resolutions that follow were outright treason.

Resolved, That His Majesty's liege people, the inhabitants of this Colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws or ordinances of the General Assembly aforesaid.

Resolved, That any person who shall, by speaking or writing, assert or maintain that any person or persons other than the General Assembly of this Colony, have any right or power to impose or lay any taxation on the people here, shall be deemed an enemy to His Majesty's Colony.

How these items made their way north is not known. There is no record anywhere of them, except in the newspapers where they were printed. It is plausible that Henry, George Johnson, or another colleague sent them on before the battle on the floor. Perhaps it was wise that Henry departed when he did, despite the loss of the fifth resolution. He would have expected the House to be dissolved as a result of his resolutions. Had news reached the governor about the seven resolutions, he might have been arrested for treason as well. The seven resolutions, reprinted everywhere, were a wildly effective propaganda tool. The idea that the stuffy old House of Burgesses had produced such a challenge to Gr. Britain's authority did much to incite similar resolutions in other legislatures. Sources: CWA, , Reference:RV.

Resolutions of the House of Burgesses Establishing a Committee of Intercolonial Correspondence.

Great Seal of Virginia

Extracts from the Journal
of the Proceeding of the House of Burgesses, of Virginia

Upon a motion made—
The House resolved itself into a committee of the whole House, upon the state of the colony.
Mr. Speaker left the chair.
Mr. Bland took the chair of the committee.
Mr. Speaker resumed the chair.
Mr. Bland reported from the committee that they had directed him to make the following report to the House, viz.:
Whereas, the minds of His Majesty's faithful subjects, in this colony, have been much disturbed by various rumors and reports of proceedings, tending to deprive them of their ancient, legal and constitutional rights;
AND whereas, the affairs of this colony are frequently connected with those of Great Britain, as well as of the neighboring colonies, which renders a communication of sentiments necessary; in order, therefore, to remove the uneasiness, and to quiet the minds of the people, as well as for the other good purposes above mentioned,—
Be it resolved, that a standing committee of correspondence and inquiry, be appointed, to consist of eleven persons, to wit: the Hon. Peyton Randolph, Esq., Robert Carter Nicholas, Richard Bland, Richard Henry Lee, Benjamin Harrison, Edmund Pendleton, Patrick Henry, Dudley Digges, Dabney Carr, Archibald Carey [Cary], and Thomas Jefferson, Esqs., any six of whom, to be a committee, whose business it shall be, to obtain the most early and authentic intelligence of all such acts and resolutions of the British Parliament, or proceedings of administration, as may relate to, or affect the British colonies in America; and to keep up and maintain a correspondence and communication with our sister colonies respecting these important considerations; and the result of such proceedings, from time to time to lay before this House.
Resolved, that it be an instruction to said committee, that they do, without delay, inform themselves particularly of the principles and authority, on which was constituted a court of inquiry, said to have been lately held in Rhode Island, with powers to transport persons accused of offences committed in America, to places beyond the seas, to be tried.
The said resolutions being severally read a second time, were, upon the questions severally put thereupon, agreed to, by the House, nemine contradicente.
Resolved, that the speaker of this House do transmit to the speakers of the different Assemblies of the British colonies on this continent, copies of the said resolutions, and desire that they will lay them before their respective Assemblies; and request them to appoint some person or persons of their respective bodies, to communicate from time to time, with the said committee.

Friday, the 12th March,
13th George III., 1773

By the House of Burgesses
of the Colony of Virginia.
Extracted from the journal.

G. WYTHE,
C[lerk]. H. B.

Resolutions of the House of Burgesses Designating a Day of Fasting and Prayer.

Extracts from the Journal
of the Proceeding of the House of Burgesses, of Virginia

This House being deeply impressed with Apprehension of the great Dangers to be derived to British America, from the hostile Invasion of the City of Boston, in our Sister Colony of Massachusetts Bay, whose Commerce and Harbour are on the 1st Day of June next, to be stopped by an armed Force, deem it highly necessary that the said first Day of June be set apart by the Members of this House as a Day of Fasting, Humiliation, and Prayer, devoutly to implore the divine Interposition for averting the heavy Calamity, which threatens Destruction to our civil Rights, and the Evils of civil War; to give us one Heart and one Mind firmly to oppose, by all just and proper Means, every Injury to American Rights, and that the Minds of his Majesty and his Parliament may be inspired from above with Wisdom, Moderation, and Justice, to remove from the loyal People of America all Cause of Danger from a continued Pursuit of Measures pregnant with their Ruin.
Ordered, therefore, that the Members of this House do attend their Places at the Hour of ten in the Forenoon, on the said 1st Day of June next, in Order to proceed with the Speaker and the Mace to the Church in this City for the Purposes aforesaid; and that the Reverend Mr. Price be appointed to read Prayers, and the Reverend Mr. Gwatkin to preach a Sermon suitable to the Occasion.
Ordered, that this Order be forthwith printed and published.

By the HOUSE of BURGESSES.
GEORGE WYTHE, C. H. B.

Tuesday, the 24th of May,
14 Geo. III. 1774

AN ASSOCIATION, SIGNED BY 89 MEMBERS OF THE LATE HOUSE OF BURGESSES.

WE his Majesty's most dutiful and loyal subjects, the late representatives of the good people of this country, having been deprived by the sudden interposition of the executive part of this government from giving our countrymen the advice we wished to convey to them in a legislative capacity, find ourselves under the hard necessity of adopting this, the only method we have left, of pointing out to our countrymen such measures as in our opinion are best fitted to secure our dearest rights and liberty from destruction, by the heavy hand of power now lifted against North America: With much grief we find that our dutiful applications to Great Britain for security of our just, antient, and constitutional rights, have been not only disregarded, but that a determined system is formed and pressed for reducing the inhabitants of British America to slavery, by subjecting them to the payment of taxes, imposed without the consent of the people or their representatives; and that in pursuit of this system, we find an act of the British parliament, lately passed, for stopping the harbour and commerce of the town of Boston, in our sister colony of Massachusetts Bay, until the people there submit to the payment of such unconstitutional taxes, and which act most violently and arbitrarily deprives them of their property, in wharfs erected by private persons, at their own great and proper expence, which act is, in our opinion, a most dangerous attempt to destroy the constitutional liberty and rights of all North America. It is further our opinion, that as TEA, on its importation into America, is charged with a duty, imposed by parliament for the purpose of raising a revenue, without the consent of the people, it ought not to be used by any person who wishes well to the constitutional rights and liberty of British America. And whereas the India company have ungenerously attempted the ruin of America, by sending many ships loaded with tea into the colonies, thereby intending to fix a precedent in favour of arbitrary taxation, we deem it highly proper and do accordingly recommend it strongly to our countrymen, not to purchase or use any kind of East India commodity whatsoever, except saltpetre and spices, until the grievances of America are redressed. We are further clearly of opinion, that an attack, made on one of our sister colonies, to compel submission to arbitrary taxes, is an attack made on all British America, and threatens ruin to the rights of all, unless the united wisdom of the whole be applied. And for this purpose it is recommended to the committee of correspondence, that they communicate, with their several corresponding committees, on the expediency of appointing deputies from the several colonies of British America, to meet in general congress, at such place annually as shall be thought most convenient; there to deliberate on those general measures which the united interests of America may from time to time require. A tender regard for the interest of our fellow subjects, the merchants, and manufacturers of Great Britain, prevents us from going further at this time; most earnestly hoping, that the unconstitutional principle of taxing the colonies without their consent will not be persisted in, thereby to compel us against our will, to avoid all commercial intercourse with Britain. Wishing them and our people free and happy, we are their affectionate friends, the late representatives of Virginia.

The 27th day of May, 1774

[27 May, 1774]

Peyton Randolph, Ro. C. Nicholas, Richard Bland, Edmund Pendleton, Richard Henry Lee, Archibald Cary, Benjamin Harrison, George Washington, William Harwood, Robert Wormeley Carter, Robert Munford, Thomas Jefferson, John West, Mann Page, junior, John Syme, Peter Le Grand, Joseph Hutchings, Francis Peyton, Richard Adams, B. Dandridge, Henry Pendleton, Patrick Henry, junior, Richard Mitchell, James Holt, Charles Carter, James Scott, Burwell Bassett, Henry Lee, John Burton, Thomas Whiting, Peter Poythress, John Winn, James Wood, William Cabell, David Mason, Joseph Cabell, John Bowyer, Charles Linch, William Aylett, Isaac Zane, Francis Slaughter, William Langhorne, Henry Taylor, James Montague, William Fleming, Rodham Kenner, William Acril, Charles Carter, of Stafford, John Woodson, Nathaniel Terry, Richard Lee, Henry Field, Matthew Marable, Thomas Pettus, Robert Rutherford, Samuel M'Dowell, John Bowdoin, James Edmondson, Southy Simpson, John Walker, Hugh Innes, Henry Bell, Nicholas Faulcon, junior, James Taylor, junior, Lewis Burwell, of Gloucester, W. Roane, Joseph Nevil, Richard Hardy, Edwin Gray. H. King, Samuel Du Val, John Hite, junior, John Banister, Worlich Westwood, John Donelson, Thomas Newton, junior, P. Carrington, James Speed, James Henry, Champion Travis, Isaac Coles, Edmund Berkeley, Charles May, Thomas Johnson, Benjamin Watkins, Francis Lightfoot Lee, John Talbot, Thomas Nelson, junior, Lewis Burwell.

We the subscribers, clergymen and other inhabitants of the colony and dominion of Virginia, having maturely considered the contents of the above association, do most cordially approve and accede thereto.
William Harrison, William Hubard, Benjamin Blagrove, William Bland, H. J. Burges, Samuel Smith M'Croskey, Joseph Davenport, Thomas Price, David Griffith, William Leigh, Robert Andrews, Samuel Klug, Ichabod Camp, William Clayton, Richard Cary, Thomas Adams, Hinde Russell, William Holt, Arthur Dickenson, Thomas Stuart, James Innes.

To the Counties of Virginia, Concerning non-Importation and a General Convention.

At a Meeting of 25 of the late Representatives legally assembled by the Moderator, it was agreed
That Letters be wrote to all our Sister Colonies, acknowledging the Receipt of the Letters and Resolves from Boston &c. informing them, that before the same came to hand, the Virginia Assembly had been unexpectedly dissolved, and most of the Members returned to their respective Counties.
That it is the Opinion of all the late House of Burgesses who could be convened on the present Occasion, that the Colony of Virginia will concur with the other Colonies in such Measures as shall be judged most effectual for the Preservation of the Common Rights and Liberty of British America that they are of Opinion particularly that an Association against Importation will probably be entered into, as soon as the late Representatives can be collected, and perhaps against Exportations also after a certain Time. But that this must not be considered as an Engagement on the part of this Colony, which it would be presumption in us to enter into, and that we are sending Dispatches to call together the late Representatives to meet at Williamsburg on the first Day of August next to conclude finally on these important Questions.

30th May, 1774

Peyton Randolph, Moderator.
Ro. C. Nicholas
Edmd Pendleton
Will: Harwood
Richd. Adams
Thom Whiting
Henry Lee
Lemuel Riddick

Th: Jefferson
Mann Page Junr.
Charles Carter Senr.
Jas. Mercer
R Wormeley Carter
Go: Washington
Francis Lightfoot Lee
Thos Nelson jr.
R Rutherford

Jno Walker
James Wood
Wm Langhorne
T Blackburn
Edmd Berkeley Jno.
Donelson P. Carrington
Lewis Burwell (Gloster)

Instructions for the DEPUTIES appointed to meet in GENERAL CONGRESS on the Part of this Colony. By the Virginia Convention of 1774

The unhappy Disputes between Great Britain and her American Colonies, which began about the third Year of the Reign of his present Majesty, and since, continually increasing, have proceeded to Lengths so dangerous and alarming as to excite just Apprehensions in the Minds of his Majesty's faithful Subjects of this Colony that they are in Danger of being deprived of their natural, ancient, constitutional, and chartered Rights, have compelled them to take the same into their most serious Consideration; and, being deprived of their usual and accustomed Mode of making known their Grievances, have appointed us their Representatives to consider what is proper to be done in this dangerous Crisis of American Affairs. It being our Opinion that the united Wisdom of North America should be collected in a General Congress of all the Colonies, we have appointed the Honourable PEYTON RANDOLPH Esquire, RICHARD HENRY LEE, GEORGE WASHINGTON, PATRICK HENRY, RICHARD BLAND, BENJAMIN HARRISON, and EDMUND PENDLETON, Esquires, Deputies to represent this Colony in the said Congress, to be held at Philadelphia on the first Monday in September next.

And that they may be the better informed of our Sentiments touching the Conduct we wish them to observe on this important Occasion, we desire that they will express, in the first Place, our Faith and true Allegiance to his Majesty King George the Third, our lawful and rightful Sovereign; and that we are determined, with our Lives and Fortunes, to support him in the legal Exercise of all his just Rights and Prerogatives. And however misrepresented, we sincerely approve of a constitutional Connexion with Great Britain, and wish most ardently a Return of that Intercourse of Affection and commercial Connexion that formerly united both Countries, which can only be effected by a Removal of those Causes of Discontent which have of late unhappily divided us.

It cannot admit of a Doubt but that British Subjects in America are entitled to the same Rights and Privileges as their Fellow Subjects possess in Britain; and therefore, that the Power assumed by the British Parliament to bind America by their Statutes, in all Cases whatsoever, is unconstitutional, and the Source of these unhappy Differences.

The End of Government would be defeated by the British Parliament exercising a Power over the Lives, the Property, and the Liberty, of American Subjects; who are not, and, from their local Circumstances, cannot, be there represented. Of this Nature we consider the several Acts of Parliament for raising a Revenue in America, for extending the Jurisdiction of the Courts of Admiralty for seizing American Subjects and transporting them to Britain to be tried for Crimes committed in America, and the several late oppressive Acts respecting the Town of Boston and Province of the Massachusetts Bay.

The original Constitution of the American Colonies possessing their Assemblies with the sole Right of directing their internal Polity, it is absolutely destructive of the End of their Institution that their Legislatures should be suspended, or prevented, by hasty Dissolutions, from exercising their legislative Powers.

Wanting the Protection of Britain, we have long acquiesced in their Acts of Navigation restrictive of our Commerce, which we consider as an ample Recompense for such Protection; but as those Acts derive their Efficacy from that Foundation alone, we have Reason to expect they will be restrained so as to produce the reasonable Purposes of Britain, and not injurious to us.

To obtain Redress of these Grievances, without which the People of America can neither be safe, free, nor happy, they are willing to undergo the great Inconvenience that will be derived to them from stopping all Imports whatsoever from Great Britain after the first Day of November next, and also to cease exporting any Commodity whatsoever to the same Place after the tenth Day of August 1775. The earnest Desire we have to make as quick and full Payment as possible of our Debts to Great Britain, and to avoid the heavy Injury that would arise to this Country from an earlier Adoption of the Non exportation Plan, after the People have already applied so much of their Labour to the perfecting of the present Crop, by which Means they have been prevented from pursuing other Methods of clothing and supporting their Families, have rendered it necessary to restrain you in this Article of Non exportation; but it is our Desire that you cordially cooperate with our Sister Colonies in General Congress in such other just and proper Methods as they, or the Majority, shall deem necessary for the Accomplishment of the valuable Ends.

The Proclamation issued by General Gage, in the Government of the Province of the Massachusetts Bay, declaring it Treason for the Inhabitants of that Province to assemble themselves to consider of their Grievances and form Associations for their common Conduct on the Occasion, and requiring the Civil Magistrates and Officers to apprehend all such Persons to be tried for their supposed Offences, is the most alarming Process that ever appeared in a British Government; that the said General Gage hath thereby assumed and taken upon himself Powers denied by the Constitution to our legal Sovereign; that he, not having condescended to disclose by what Authority he exercises such extensive and unheard of Powers, we are at a Loss to determine whether he intends to justify himself as the Representative of the King or as the Commander in Chief of his Majesty's Forces in America. If he considers himself as acting in the Character of his Majesty's Representative, we would remind him that the Statute 25th Edward III has expressed and defined all treasonable Offences, and that the Legislature of Great Britain hath declared that no Offence shall be construed to be Treason but such as is pointed out by that Statute, and that this was done to take out of the Hands of tyrannical Kings, and of weak and wicked Ministers, that deadly Weapon which constructive Treason had furnished them with, and which had drawn the Blood of the best and honestest Men in the Kingdom; and that the King of Great Britain hath no Right by his Proclamation to subject his People to Imprisonment, Pains, and Penalties.

That if the said General Gage conceives he is empowered to act in this Manner, as the Commander in Chief of his Majesty's Forces in America this odious and illegal Proclamation must be considered as a plain and full Declaration that this despotick Viceroy will be bound by no Law, nor regard the constitutional Rights of his Majesty's Subjects, whenever they interfere with the Plan he has formed for oppressing the good people of Massachusetts Bay; and therefore, that the executing, or attempting to execute, such Proclamation, will justify Resistance and Reprisal.

6 August, 1774

The First Virginia Constitution

Drafted by a provincial convention in May
& adopted on June 29, 1776, without popular referendum.

Whereas, George III, King of Great Britain and Ireland, and elector of Hanover, heretofore entrusted with the exercise of the kingly office in this government, has endeavored to prevent the same into a detestable and insupportable tyranny by putting his negative on laws the most wholesome and necessary for the public good
By denying his governors 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 endeavoring 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 effecting to render the military independent of, and 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 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 offenses;
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 against us, those very Negroes whom, by an inhuman use of his negative, he has refused us 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, and conditions of existence;
By transporting, at this time, a large army of foreign mercenaries to complete 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 conditions 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 follows

The legislative, executive, and judiciary department 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.

The legislative shall be formed of two distinct branches, who, together, shall be a complete legislature. They shall meet once, or oftener, every year, and shall be called the General Assembly of Virginia. One of these shall be called the House of Delegates, and consist of two representatives to be chosen for each county, and for the district of West-Augusta, annually, of such men as actually reside in and are freeholders of the same, or duly qualified according to law; and also of one delegate or representative to be chosen annually for the city of Williamsburgh, and one for the borough of Norfolk, and a representative for each of such other cities and boroughs as may hereafter be allowed particular representation by the legislature. But when any city or borough shall so decrease, as that the number of persons having right of suffrage therein shall have been, for the space of seven years successively, less than half the number of voters in some one county in Virginia, such city or borough thenceforward shall cease to send a delegate or representative to the Assembly.

The other shall be called the Senate, and consist of twenty-four members, of whom thirteen shall constitute a House to proceed on business; for whose election the different counties shall be divided into twenty-four districts. And each county of the respective district, at the time of the election of its delegates, shall vote for one senator, who is actually a resident and freeholder within the district, or duly qualified according to law, and is upward of twenty-five years of age. And the sheriffs of each county, within five days at furthest, after the last county election in the district, shall meet at some convenient place, and from the poll so taken in their respective counties return, as a senator, the man who shall have the greatest number of votes in the whole district. To keep up this Assembly by rotation, the districts shall be equally divided into four classes and numbered by lot. At the end of one year after the general election, the six members, elected by the first division, shall be displaced, and the vacancies thereby occasioned supplied from such class or division, by new election, in the manner aforesaid. This rotation shall be applied to each division according to its number, and continued in due order annually.

The right of suffrage in the election of members for both houses shall remain as exercised at present; and each house shall choose its own speaker, appoint its own officers, settle its own rules of proceeding, and direct writs of election for the supplying intermediate vacancies.

All laws shall originate in the House of Delegates, to be approved of or rejected by the Senate, or to be amended, with consent of the House of Delegates; except money bills, which in no instance shall be altered by the Senate, but wholly approved or rejected.

A governor, or chief magistrate shall be chosen annually by joint ballot of both houses (to be taken in each house respectively) deposited in the conference room; the boxes examined jointly by a committee of each house; and the numbers severally reported to them, that the appointments may be entered (which shall be the mode of taking the joint ballot of both houses, in all cases) who shall not continue in that office longer than three years successively, nor be eligible until the expiration of four years after he shall have been out of that office. An adequate but moderate salary shall be settled on him during his continuance in office; and he shall, with the advice of a council of state, exercise the executive powers of government, according to the laws of this Commonwealth; and shall not, under any pretense, exercise any power or prerogative, by virtue of any law, statute, or custom of England. But he shall, with the advice of the Council of State, have the power of granting reprieves or pardons, except where the prosecution shall have been carried on by the House of Delegates, or the law shall otherwise particularly direct; in which cases, no reprieve or pardon shall be granted but by resolve of the House of Delegates.

Either house of the General Assembly may adjourn themselves respectively. The governor shall not prorogue or adjourn the Assembly during their sitting, nor dissolve them at any time; but he shall, if necessary, either by advice of the Council of State, or on application of a majority of the House of Delegates, call them before the time to which they shall stand prorogued or adjourned.

A Privy Council, or Council of State, consisting of eight members, shall be chosen, by joint ballot of both houses of assembly, either from their own members or the people at large, to assist in the administration of government. They shall annually choose, out of their own members, a president, who, in case of death, inability, or absence of the governor from the government, shall act as lieutenant governor. Four members shall be sufficient to act, and their advice and proceedings shall be entered on record and signed by the members present (to any part whereof any member may enter his dissent) to be laid before the General Assembly, when called for by them. This Council may appoint their own clerk, who shall have a salary settled by law, and take an oath of secrecy in such matters as he shall be directed by the board to conceal. A sum of money, appropriated to that purpose, shall be divided annually among the members, in proportion to their attendance; and they shall be incapable, during their continuance in office, of sitting in either house of assembly. Two members shall be removed, by joint ballot of both houses of assembly, at the end of every three years, and be ineligible for the three next years. These vacancies, as well as those occasioned by death or incapacity, shall be supplied by new elections in the same manner.

The delegates for Virginia to the Continental Congress shall be chosen annually, or superseded in the meantime, by joint ballot of both houses of assembly.

The present militia officers shall be continued, and vacancies supplied by appointment of the governor, with the advice of the Privy Council, on recommendations from the respective county courts; but the governor and Council shall have a power of suspending any officer and ordering a court martial on complaint of misbehavior or inability, or to supply vacancies of officers happening when in actual service.

The governor may embody the militia, with the advice of the Privy Council; and when embodied, shall alone have the direction of the militia, under the laws of the country.

The two houses of assembly shall, by joint ballot, appoint judges of the Supreme Court of Appeals and General Court, judges in chancery, judges of admiralty, secretary, and the attorney general, to be commissioned by the governor, and continue in office during good behavior. In case of death, incapacity, or resignation, the governor, with the advice of the Privy Council, shall appoint persons to succeed in office, to be approved or displaced by both houses. These officers shall have fixed and adequate salaries, and, together with all others holding lucrative offices, and all ministers of the gospel of every denomination, be incapable of being elected members of either house of assembly or the Privy Council.

The governor, with the advice of the Privy Council, shall appoint justices of the peace for the counties; and in case of vacancies, or a necessity of increasing the number hereafter, such appointments to be made upon the recommendation of the respective county courts. The present acting secretary in Virginia and clerks of all the county courts shall continue in office. In case of vacancies, either by death, incapacity, or resignation, a secretary shall be appointed, as before directed, and the clerks, by the respective courts. The present and future clerks shall hold their offices during good behavior, to be judged of and determined in the General Court. The sheriffs and coroners shall be nominated by the respective courts, approved by the governor, with the advice of the Privy Council, and commissioned by the governor. The justices shall appoint constables, and all fees of the aforesaid officers be regulated by law.

The governor, when he is out of office, and others offending against the state, either by maladministration, corruption, or other means, by which the safety of the state may be endangered, shall be impeachable by the House of Delegates. Such impeachment to be prosecuted by the attorney general, or such other person or persons as the House may appoint in the General Court, according to the laws of the land. If found guilty, he or they shall be either forever disabled to hold any office under government, or be removed from such office pro tempore, or subjected to such pains or penalties as the laws shall direct.

If all or any of the judges of the General Court should on good grounds (to be judged of by the House of Delegates) be accused of any of the crimes or offenses above mentioned, such House of Delegates may, in like manner, impeach the judge or judges so accused, to be prosecuted in the Court of Appeals; and he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause.

Commissions and grants shall run, "In the name of the Commonwealth of Virginia," and bear test by the governor, with the seal of the Commonwealth annexed. Writs shall run in the same manner, and bear test by the clerks of the several courts. Indictments shall conclude, "Against the peace and dignity of the Commonwealth."

A treasurer shall be appointed annually by joint ballot of both houses.

All escheats, penalties, and forfeitures heretofore going to the King shall go to the Commonwealth, save only such as the legislature may abolish or otherwise provide for.

The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina are hereby ceded, released, and forever confirmed to the people of these 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 Virginia, except the free navigation and use of the rivers Patomaque and Pokomoke, with the property of the Virginia shores and strands, bordering on either of the said rivers, and all improvements, which have been or shall be made thereon. The western and northern extent of Virginia shall, in all other respects, stand as fixed by the Charter of King James 1, in the year 1609, and by the public treaty of peace between the courts of Britain and France, in the year 1763; unless by act of this legislature, one or more governments be established westward of the Allegheny Mountains. And no purchases of lands shall be made of the Indian natives, but on behalf of the public, by authority of the General Assembly.

In order to introduce this government, the representatives of the people met in the Convention shall choose a governor and Privy Council, also such other officers directed to be chosen by both houses as may be judged necessary to be immediately appointed. The Senate to be first chosen by the people to continue until the last day of March next, and the other officers until the end of the succeeding session of Assembly. In case of vacancies, the speaker of either house shall issue writs for new elections.

The Virginia Declaration of Rights

June 12, 1776

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.

I · 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.

II · 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.

III · 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 maladministration; 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 public weal.

IV · That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge be hereditary.

V · 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 burthens 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 laws shall direct.

VI · That elections of members to serve as representatives of the people in assembly ought to be free; and that all men, having sufficient 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 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.

VII · 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.

VIII · 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 favor, 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 judgement of his peers.

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

X · 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 offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.

XI · 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.

XII · That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments.

XIII · That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense 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 be governed by, the civil power.

XIV · 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.

XV · That no free government, or the blessings 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.

XVI · That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed 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 practice Christian forbearance, love, and charity towards each other.

Pages 15, 16. Revolutionary Virginia.