Civil Government of Virginia Part 25

1822-1825. James Pleasants.

1825-1827. John Tyler.

1827-1830. William B. Giles.

1830-1834. John Floyd.

1834-1836. Littleton Waller Tazewell.

1836-1837. Wyndham Robertson, Lieutenant-Governor.

1837-1840. David Campbell.

1840-1841. Thomas Walker Gilmer.

1841. John M. Patton.

1841-1842. John Rutherford. Lieutenant-Governor.

1842-1843. John M. Gregory.

1843-1846. James McDowell.

1846-1849. William Smith.

1849-1852. John B. Floyd.

1852-1856. Joseph Johnson.

1856-1860. Henry Alexander Wise.

1860-1864. John Letcher.

1864-1865. William Smith.

1865-1868. Francis H. Pierpont.

1868-1869. Henry H. Wells.

1869-1873. Gilbert C. Walker.

1873-1877. James L. Kempner.

1877-1881. Frederick W. M. Holliday.

1881-1885. William E. Gameron.

1885-1889. Fitzhugh Lee.

1889-1893. Philip W. McKinney.

1893-1897. Charles T. O'Ferrall.

1897. J. Hoge Tyler.

1901. A. J. Montague.

CONSt.i.tUTION OF VIRGINIA.

Whereas, pursuant to an act of the General a.s.sembly of Virginia, approved March the fifth, in the year of our Lord nineteen hundred, the question, "shall there be a convention to revise the Const.i.tution and amend the same?" was submitted to the electors of the State of Virginia, qualified to vote for members of the General a.s.sembly, at an election held throughout the State on the fourth Thursday in May, in the year nineteen hundred, at--which election a majority of the electors so qualified voting at said election did decide in favor of a convention for such purpose; and,

Whereas, the General a.s.sembly at its next session did provide by law for the election of delegates to such convention, in pursuance whereof the members of this Convention were elected by the good people of Virginia, to meet in convention for such purpose.

We, therefore, the people of Virginia, so a.s.sembled in Convention through our representatives, with grat.i.tude to G.o.d for His past favors, and invoking His blessings upon the result of our deliberations, do ordain and establish the following revised and amended Const.i.tution for the government of the Commonwealth:

ARTICLE I.

BILL OF RIGHTS.

A DECLARATION OF RIGHTS, made by the representatives of the good people of Virginia a.s.sembled in full and free Convention; which rights do pertain to them and their posterity, as the Basis mid Foundation of Government.

SECTION 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.

SEC. 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.

SEC. 3. That government is, or ought to be, inst.i.tuted 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, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter or abolsh it, in such manner as shall be judged most conducive to the public weal.

SEC. 4. That no man, or set of men, is ent.i.tled 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 to be hereditary.

SEC 5 That the legislative executive, and judicial departments of the State should be separate and distinct, and that the members thereof may be restrained from oppression, by feeling and partic.i.p.ating 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 regular elections, in which all or any part of the former members shall be again eligible, or ineligible, as the laws may direct

SEC 6 That all elections should 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 can not be taxed, or deprived of, or damaged in, their property for public uses without their own consent, or that of their representatives duly elected, or bound by any law to which they have not, in like manner, a.s.sented for the public good

SEC 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

SEC 8 That no man shall be deprived of his life, or liberty, except by the law of the land, or the judgment of his peers, nor shall any man be compelled in any criminal proceeding to give evidence against himself, nor be put twice in jeopardy for the same offence, but an appeal may be allowed to the Commonwealth in all prosecutions for the violation of a law relating to the state revenue

That in all 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, provided, however, that in any criminal case, upon a plea of guilty, tendered in person by the accused, and with the consent of the attorney for the Commonwealth, entered of record, the court shall, and in a prosecution for an offence not punishable by death, or confinement in the penitentiary, upon a plea of not guilty, with the consent of the accused, given in person and of the attorney for the Commonwealth, both entered of record, the court, in its discretion, may hear and determine the case, without the intervention of a jury, and, that the General a.s.sembly may provide for the trial of offences not punishable by death, or confinement in the penitentiary, by a justice of the peace, without a jury, preserving in all such cases, the right of the accused to an appeal to and trial by jury in the circuit or corporation court, and may also provide for juries consisting of less than twelve, but not less than five, for the trial of offences not punishable by death, or confinement in the penitentiary, and may cla.s.sify such cases, and prescribe the number of jurors for each cla.s.s