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and Archives

Commission

Sam Houswn
Regional Library
and Research Center

P.O. Box 310


Liberty, Texas
77575-0310

936-336-8821

www.tsl.state.tx.us

The following pages contain the Constitution ofthe United States with the 13
Amendments to the Constitution; the Bill of Rights; and the Constitution of
Commission Chairman Virginia.
Sandra J. Pickett
I do hereby certify that the following twenty-five (25) pages, (the cover page
Members
and pages 16-39) are a true and correct photocopy ofthe original publication,
Chris A. Brisack
Kenneth R. Carr
The Revised Code ofThe Laws of Virginia: Being A Collection OfAll Such
Diana Rae Hester Cox Acts Of The General Assembly, OfA Public And Permanent Nature, As Are'
Sandra G. Holland Now In Force; With A General Index, Volume I, Richmond: printed by Thomas
Elizabeth Sanders Ritchie, Printer To The Commonwealth, 1819, now archived at the Sam
Houston Regional Library and Research Center of the Archives & Information
Services Division, of the Texas State Library and Archives Commission.
Director and Librarian
Peggy D. Rudd
Witness my hand and Seal of Office at Liberty, Texas on the 3rd day of July,
2008.
Assistant State Librarian

~c&~-----
Edward Seidenberg

Sam Houston Regional Library & Research Center


Making P.O. Box 310
infOrmation Liberty, TX 77575
work Telephone: (936) 336-8821
for all
Texans
OF THE

LAWS OF VIRGINIA:
REll\TG

A COLLECTION OF ALL SUCH J1CTS

OF THE '1
,!
I

I
OF A PUBLIC AND PERMANENT NATURE, AS AllE NOW IN FORCE; I
i
WITH A GENERAL INDEX. I

I,
• !
I
!
TO WHICH ARE PREFIXED,
I
THE CONSTITUTION OF THE UNITED STATES; I
I
THE DECLARAnON OF RIGHTS; j
AND
i

THE CONSTITUTION OF VIRGINIA.


, Published pU'fsuant to an act of the General .lJ.ssem,bly, entitled "~fJ.n act
i
f pl'ovid'ing for the re-p~tblication of the Laws of this Commonwealth,,"
passed Jlfarch 1~) 1819.

VOLUME I.
j

RICHMOND:
PRINTED BY THOMAS RITCHIE,
PllI~TER TO fTJI:F. CO~O[oNWEALTH.
Sdln Houston ~eglonal Ubrif) &
Research Cefltitr
1819. FM RD 1011
P.O. Box 310
! ibelty. Tx 77575
o

Hi .Nho Edit'iun £if tiLe Laws-Fedeml Cons til1Ltio n.


A. ~. 1~1l); 8. .aND be -it also enacted, That the revised bills passed dur-
~. 4~ ing the present session of the General Assembly, shall not be
Revised bills pas- printed wit.h the other law~ p~ssed at the present session, ex-
sed thc present cept such bIlls and parts of bIlls as take eRect before the first
se:sion, n?t to be day of January next.
prmted wIth. the 9. ALL acts and parts of acts of a o-eneral nature which
h \\'s thel'col ' b '
f:xcevtion.· shall not be published in the code aforesaid, pursuant to the
Re!Jcal of all acts directions of this act, either entire or by their titles, shall be,
of a gcnej'al ~a- and the same are hereby rclealed from and after the first dati
ture not publishcd f J
in such Cod.e. 0
.
anuary next: ProlJlde '
, however, That such repea I sI1a 1
J'j'oyiso. not prcvent the prosecution of anj offence committed, or im-
pair any ri~ht accrued before the said first day?f January;
but such offence may be prosecuted, and such nght may be
maintained and asserted, in the same manner as if this repeal-
ing section had nevcr passed.
Commencement. 10. THIS act shall commence and be in force from and aftcr
the passage thereot:

C. 2.
A. D. 1788-V. CONSTITUTION OF THE UNITED STATES.
A. R. C.13.
.( L-y--J ,V E, the people of the Uuited States, in order to form it mol'l"
perfect union, establish justice, ensure domestic tranquility, pro-
vide for the common defence, promote the general welfare, and
secure the blessings of liberty to ourselves and our posterity,
do ordain and establish this constitution for the United State5
of America.

ARTIOLE 1.

Section 1.

Legislative powers 1. ALL legislative powers herein granted, shall be vested in


vested in congress. acongress of the United States, which shall consist of a senate
and house of representatives.

Section 2.
House ofl'epresen-
tatives; its mem- 1. THE house of representatives shall be composed of memO'
bel'S j by whom bel'S chosen every second year by the peolJle of the several
chosen! qualifica- states; and the electors in each state sha.! have the clualifi-
tions of electors.
A representative
cations
I , .
requisite
'.,
for electors of the most numerous uranch of
to be aged 25; tile state leglslatUl e. .
seven years a ~iti- 2. No person shall be a representatIve who shall not have
zen of the UIU~ed attained to the aO"e of twenty-five years, and been seven years
. i S
States, and an 1lI-
habitant of Ius
••
a CitIzen f I UOmtct
0 tne tates, an d w )'10 S IlaII not, w h
en eIecte
d,
state when elected. be an inhabitant of that state in which he shall be chosen.
ReJlJ'escntatives 3. REPRESENTATIVES a.nd direct taxes shall be apportioned . ,~!n Houston RegIOnal Llbral~ ~
~~o~~~('t3 ~:eor. a~ong the s~veral sta~es whic~ may be .includ.ed Within tlus ~e$eBl ch Cant~r
ding to numbers. Ulilon, accordlllg to theu' respechve numbers, winch sha.ll be de- M RD 1011
.0. 80:< 310
,herty. Tx 77575
Fede1"al Constitution. 17
te . 'ned by adding to the whole number of free pe~on!ll, in- A. D. 1788-().
c:l"dYng those bound to service ~or a term of years, and exc!u- A. R. C. 13.
J1 0" Indians not taxed, three fifths of all other persons. 'I he AL--y-Jt 1 ,.
d.lDo ..J
. tual enumeratIon S la un t IIree yeals
II b·e rna d e WI'tl' ,t't
a er tJIe tlon
,c ua enumela·
every ten
It ~~st meeting of the congress of the U~ited Sta.tes, and within years.
r subsequent term of ten years, In such manner as they
.'.
c
:~:lrbY law direct. ~he number of representatives shall not Li1?itatioll of the
ed one for every thirty thousand, but each state shall have rat.1O of represell-
'f :~~:ast one representative; and until, such enumerati?n shall tatlOn, &c.
1
be ma9,e, the state of New l!mnpshtre shall be entitled t.o First apportion-
choose three; .7Jfassachusetts eIght; Rhode Island and ProV1,- me.nt of rCJlresen-
dence Plantations one; Connecticut five; .New York six; New tatlves.
Jersey four; Pennsyl-t·ania eight; Delawa.re one; ,jJ[(l1oyland six;
Virrinia ten; North Carolina five; South Carolina five; and
Geo~'gia t h r e e . . . .
4. "V HEN vacancieS happen m the representatIOn from any Writs. of election
e the executive authority thereof shall issuE' writs of elec- f?I' fillmg vacan-
S tat ' . cles.
tion to fill such vacanCIes.
5. THE house of representatives shall choose their speaker The hou~e of rc'
and othei' officers, and shall have the sole power of impeach- ~~;:~~~~:i~: :;ea-
lllent. ker, &c.

· "J.
, S ect ton Two senators cho~
sen by the leg-isla-
1. THE senate of the United States shall be composed of two ture of each state,
s~nators from each state, chosen by the Iegislat~re thereof, for ~o~~:.ears; each
SIX years; and each senator shall have one vote.~ f*'Sec art. 5. c1.l.}
2. IMMEDIATELY after they shall be assembled III consequence The s~nators divi-
of the first election, they shall be divided, as equally as may vl~led Into three
be, into three classes. 'the seats of the senators of the first g;~~settird of the
class, shall be vacated at th~ expiration of the second year, of aenatorial seats
the second class at the expIration of the fourth year, and ofvacated and filled,
the t.hird class at the expiration of the sixth year, so that one every two years.
third may be chosen every second year; and if vacancies hap- Executives of
pen by resiO'nation or otherwise durino- the recess of the Ieo-is- states to lill vacan-
]1 <:> •• <:> <:> cies in the eCOO!i
atur.e of any stat~I' tIlIe executive ~hereoff l~aYI m~kl e tempOll'~ry Ofl~gislatlU'e~, &c.
appomtments u·ntI t 1e next rneetmg 0 tile egiS ature, W Hch
shall then fill such vacancies. A senator aged 30;
"J. N 0 person sha II b t l h II h . niney~al'saciti-
e a sena or W 10 S a not ave attuned zen of the United
to the age of thirty years, and been nine years a citizen of the States, and an in-
United States, and who shall not, when elected, be an inhabi- habitant of his
tant of that state for which he shall be chosen. st~te when chosen.
4. THE vice president of the United States shall be preside~t ~~~;~~~~~~~~~~~e
of the senate, but shall have no vote, unless they be equally dI- senate; to vote 01(
vided. an equal division
5. THE senate shall choose their other officers, and also a only.
president pro tempore, in the absence of the vice-president, or cTlll01cosSentlat~~o "
W1 len 1le s ha II exerCIse. tIe ffi
1 QlCe t' . I . f' h . e lell IJreSI
0 preSlt ent 0 t e Umteu dcnt pro tempore,
States. &c.
6. THE senate shall have the sole power to try all impeach- The sole power t8
ments. When sittinO" for that purpose, they shall be on oath or ~ry impeachment~.
affirmation. 'Vhen the president of the United States is tried, Ul the senate, &teo
Selin t10ustnn Regional Ubral) It the. chiefjustice shall preside; and no person shall be convicted
Research Centir without the concurrence of two thinls of the members present. iI
FM riD lOLl VOL. 1-. C f •
!
P.O. Box 310
! ihert"t. Tx 77575
I
oJ
18 Federal Constitution.
A. D. 1788-9. 7. JUDGMENT in ca.ses of impeachment shall not extend fur...;
A. n. C. 13. ther than to remoyal from office, and disqualification to hold and
L - ~d enjoy any office of honor, trust, 01' profit, unuer the United
E'xtcnt 0Yf JU g- 1 s-h aII nevert IIe I ess b e I'Iabl e an d'
ment in cases of States,• but the pal. ty
' convictee
.
impeachment. subject to indictment, trial, judgment, and punishment, accord-
P!l~:ty liable also ino- to law.
to Judgment, &'' C. I::)
:tccOl'ding to law,
Sect-ion 4.
Time~, &e.
holding of
elections 1. ' HE
f' ( mg eI ec t'IOns ~
times, pI aces, all(1 manner 0 f I10II' lor
tor senators and senators and representatives, shall be prescribed in each state
rcpresent.'\tives, by the legislature thereof; but the cono-ress may, at any time,
l'e~ll1.ted hy the b I I I' b h I
states 01' by con- y. aw, ~ake or alter SHe 1 regu atlOns, except as to t e paces
gress. of choosmg senators.
CongTcss to a s - Q . THE congress shall assemble at least once in every year,
semble annually and such meeting shall be on the first Monday in December,
on the fil'st Mon- I' I 1 II .. l"ffi
day ill December, un ess t ley S la by law appomt a (1 eren
t d ay.
&e.
Section 5.

Each house judge 1. EACH house shill be ihejudge ofthe elections, returns, and,
?f the election of qualifications, of its own members; and a majririty of cach shalf
Its own members. constitute a quorum to do business; but it sm'LlIer numbcr may
qtlOrum. I'
aeJourn f'rom·day to d ay, amI may be I ' d t 0 compe I tl Ie
' autlonse,
attendance of absent members, in such manner and under such
penalties as each house may provide.
Each house to de- 2. EACH house may determine the rules of its proceedings"
termine its own l)tlllish its members for disorderly behaviour, and with the con ..
rules ' &:e. f h' d I
curren~e 0 two t 11' S, expe a mem er.
b
Jonrnals to be $. EACH house shall keep a journal of its proceedings, and
khe1lt by e1:l.ch , h from time to time publish the same, excepting such parts as may
ouse, am pu bl IS -,
ed s.c.
tl ' . u' . t ·
In ·leir JU gmen reqtllre secrecy; an
d tlIe yeas an<I nays 0.off
, the members of either house on any question, shall, at the desire
of one fifth of those present, be entered on the journal.
Adjonrnment of, 4. NEITHER house, during the session of congress, shall,
both houses. without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two houses
shall be sitting. '

Section 6.
Senators and re· 1. THE senators and represent'ltives snaH receive a compen-
l)J'cscntatives to hesation for their services, to be ascertained by law, and paid out
paid, lite, of the treasury of the United States. They shall, in all cases,.
Privileged from
arrest, lItc.
except treason, felonv,
J
and breach of the peace, be privileb(Ted
from arrest during their attendance at the session of their re-
spective houses, and in going to or returning from the same;
,~ and for any speech or debate in either house, they shall not be
questioned in any other place.
Concerning the 2. No senator or representative shall, during the time for
holding of offices whicb. he was elected, be appointed to any civil office under the
by senators and
t'eprcscntatives. authority of the United States, which shall have be~n created, SdlO Houston Regional Ublal) ..
or the emoluments whereof shall have been increased during.' R,ssearcn Centu
such time; and no person hording any office under the United, FM RD 1011
States shall be a member of eit.her house uuring his ~ontinuahce. P.O, Box 310
in office.
! iherty. Tx 77575
Federal Constitution. 19

Section 7. A. D. 1788-\1.
A. R C.lS.
'1. ALL bills for raising revenue shall origina.te in the house, of R~~'~
representatives; but the :enate may propose or concur wIth originate in the
aluendments as on other bIlls. ho~se ofrepl'esen-
o~. EVERY bill which shall have
. passed
,the . house of representa- tput!ves,
owers &fc,\
0 t Ie
tives and the senate, shall, before It becom~ a law, be presen- president and of
ted to the president of the U nited ~tate,s ; i~ he a'ppr?ve, he shall congr.ess in the
, 't. but if not he shall return It, WIth hIS ob1ectlOns, to that enactmg of laws,
SIgn I , ,,' ... ., d h J . and the forms of
house in whIch It shall .ha~re ongmate , W 0 shall enter !he o~- proceeding on bills
jections at la.rge on theIr JOU. rnal.. a~d proceed to reconsider It. in that ~espect.
If, after such reconsideratIon, two tlurds of that house shall agree .
to pass the bill, it shall be sent, together with the objections, to
the other house, by which it shall likewise be reconsidered; and
if approved by two thirds of that house, it shall become a law.
But in all such cases, the votes of both houses shall be deter-
mined by yeas and nays, and the name9 of the persons voting
for and against the bill, shall be e,ntered on the journal of each
house respectively. If any bill shall not be returned by the pre-
sident ~ithin ten days, (Sundays excepted,) after it slnll have
been presented to him, the same Shall be a law in like manner as
if he· had signed it, unless the congress by their adjournment
prevent its return, in which case it shall lIot be a law. .
. 3. EVERY order, resolution, or vote) to which the con~urrence Joint resolutions,
of the senate and house of representatives may be necessary, exccpt foraqi?UI'n-
(except on a question of adjournment,) shall be presented to tl , to recelVt~
ll lCnt
.. f l U ' I S d b' . l'
t he preslUent 0 t 1~ mtee tates; an elore t le same shall liSl.ehills..
1 c same sanc IOn
take effect, shall be approved by him, or being disapproved by
him, shall be repassed by two thirds of the senate awl house of
representatives, according to the rules and limitations prescri-
bed in the.case
, . . .a bill,
of :
...,..

Section 8.

THE congress shall have power-


1. To lay and collect taxes, duties, imposts, and. excises; to Congress have
pay the debts and provide for the common defence and general power to lay !.:lx.,
,,:elfare of the U.~ited States; but all du~ies, imposts, and ex- CS, &c.
Clses, shall be umform throughout the Umted States: ."
2. To borrow mopey on the credit of the United States: To borrow money.
. 3. To regulate commerce with foreign nations, and amonO" To reO"lllate com~
the several states, and with the Indian tribes: . . b merce~
4. To establish an uniform rule of naturalization, and uni- To establish the
form laws on the subject of banlnuptcies throughout the Unitecl r.llle of natllraliz~·
States: tion, &c.
5. To coin money, regulate the value thereof, and of foreio-n To coin monc,·
coiri, and fix the stan'dard of weiO"hts and measures: ~ &c. .'
To provide for .the punislll~~~nt of counterfeiting the secu- To pr?vide for
.?
nbes and current com ot the U mted States: 12l~mshll1g CQuntcr-
7 • ,T,0 establ'1SI1 post-offices and ~ost-roads' : teitel'S
To es~biish post
8: I 0 pro~l1~te th~ progress o~ sCience Cl;nd useful arts, by se- offices, &c. ..
e.urm/?, for lllmted times, to autnors and mventors, the exclu- To pl'omotc SCI-
~clm tlouston RegiOnal Liblai) .~ Sive nght to their rcsnective writinO"s and discoveries: ence, &c.
9~ • 'I' 0 constItute
..f.
tnbunals inferiorb
to the supreme court: To To constitute infe-
ReSf:l1fch Center rior tl'ibHn:lls, &c.
FM RD lOll
p,O~ Box 310
l ihert'J. Tx 17575
j
....._ - - - - - - - - - - - - -
~
Federal ConstitutiOft.
A. C. 178S-~. defiile and punish piracies and felonies committed on the high
A. R. C. 13.
seas, and offences against the law of nations:
L~
To declarG war. 10. To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water: .
To raise armies. 11. To raise and support armies; but no appropriation of
money to that use, shall be for a longer term than two years:
To provide a mwy. 1~. To provide and maintain a navy:
To make rules for IS. To make rules for the government and regulation of the
governing army land and naval forces:
;I~dnuvY:1 " 14. To provide for calling forth the militia to execute the
o Pl"OVI( e ,Ot'
calling forth the
Iaws 0 f l' ., 1 1. .
t le Uluon, suppress msurrectIOns, ane. repe mVaSlOl1S:
militia. . 15. To provide for organizing, arming, and disciplining the
'To 'p:'ovlde for ?~. militia and for O'overnino' such part of them as may be employ--
~lUlI'l;jn'" the mill- .' . t- ~.. . .
tia &c.'" ed 111 the serVice of the Umted States; reservIng to the states
, respectively, the al?pointment of the of/icers, and the authority
of training the mihtia according to the uiscipline prescribed by
congress:
To exercise cx- 16. To exercise exclusive legislation in all cases wh,Ltsoever,
elusive jUri~dic?on over such district (not exceeding ten miles square) as may, bJ
over a telTltonal . f' . 1 1 I· t f
JiSlt'ict not cxcee- ceSSIOn 0 partIcu ar states, ane t le accep ance 0 congress, be~
ding tcn miles come the scat of government of the United States; and to ex-
square, &c. ercise like authority over all places purchasetl, by the consent
of the legislature of the state in which the same shall be, for the
erection of forts, magazines, arsen~ls, dock-yards, and other
needful buildings :-and,
Tomake all laws 17. To make all laws which shall be necessary and proper
necessary to the for carrying into execution the foregoing powers, and all other
execution of their
J:lowers, powers vested by this constitution in the government of the
United States, or in any department or officer thereof.

Section 9.
Impoltation of eel'. 1. THE migration or importation of such persons as any of
tain pel',s~ns not t..othe states now existing shall think proper to admit, shall not be
~fte~r~~~~~led until prohibited by t~le congress prior to the year on.e thousand eight
hundred and elght; but a tax or duty may be nnposed on' such
[*'See art. 5, cl. 1.] importation, not exceeding ten dollars for each person.*
The writ of habeas ~. THE privilege of the writ of habeas corpus shall not be
COl'pUS recognized, suspended, unless when, in cases of rebellion or invasion, the
&c. public safety may require it.
No bills of attain. $. Nobill of attainder or ex post facto law shall be passed.
del', or ex post fac- 4. No capitation, or other direct tax shall be laid, unless in
to laws.
Direct taxes ae. proport'IOn to t I1e census or enumeratIOn
. Ilerem-
. be {'ore (I'lreete d
conting to censns, to be taken.
No eXl)ort,duty, 5. No tax or duty shall be laid on articles exporterl from
no!' preference of any state. No preference shall be <riven by any re<rulation of
one state to ano- b. b
ther in commercc. commerce or revenue to the ports of one state over those of
another; nor shall vessels bound to, or from, one state, b&
obliged to enter, clear, or pay duties in another.
Money to be ex- 6. No monies shall be drawn from the treasury but in conse-
pended .by, legal quence of apI)ropriations made by law' and a reo-ular sta.te-
appropriatiOn only, . ' . b .
ment and account of the receIpts and expendItures of all publIc
money shall be published from time to time. - ,\dln ~loust.oll RegiOnal liblaij ~
No titles of ~obili. 7. No title of nobility shall be granted by the United States: ;Rcsearch Centel
t~can be c~mlerred and no person holding any office of profit or trust under them,
;FiYl RD 1011
IJy the Uruted P.O, 80x 310
\toem, Tx 77575
Federal Constihdion. 21

shall without the consent of the congress,. accept of any pre. A. D. 1:88,-9.
.sent,' ~molu~ent, oJfice,. ~r title, of any kmd whatever, from I~~
any kmg, pnnce, or foreIgn state. St~tes; nOl' can its
oJhcers accept pre-
Section 10. sents, &c.
[See amendments.,
, . II' ,. 1 lU't. 1:.3,]
1. No state shall enter mto allY treaty, a, lanCe,?r cOnle( e- Powcl'swith(ll'awn
· . O'rant letters of marque and repnsal; com money; frolll the st.'1tes in-
rat lOn,
€mit billsb of credit; ma~e any t h'mg but II <l;n'd Sl,'I vel' com
g? ( . d"lVl(i u:u'Iy.
a tender in payment ?f d~b~s; pass aI.IY b.Ill of attamder, ex
post facto law, or law llnpamng the obhgatlOll of con tracts; or
O'rant any title of nobility.
b 2. No state shall, without the consent of the congress, lay Powel'S which t!ll~
, osts or duties on imports or exports, CJCCCI)t what lllay states can exercise
any Imp . . .' ' . ' 1". ' only unclet' the
be absolutely neces.saI y for. executI.ng Its lllSp,ectlOn .1\\ S, ami sanction of con-
the nett produce of all dutIes and Imposts, laid by any state on gress.
imports or exports, shall be for the use of the. treasury of il~c
United States; and all such laws shall be subject to tl,e reVI-
sion and control of the congress. No state shall, without the
consent of congress, iay any duty of tonnage, keep troops, or
ships of war in time of peace, ,enter in~o any agreement or
compact with another state, or With a foreIgn power, or engage
in war, unless actually invaded, or in such imminent danger as
will not admit of delay.

ARTICLE 2.

Section 1.

1. THE executive power shall be vested in a president of the Exemti,"c POW(~I·.


United States of America. He shall hoid his oftice durin.'.?; the vlestc(~_Jn a preSl"
term 0 f Clour years, annJ t ogetlleI' WI't'n t. h ' . 1en t" c ['lOscn (C!lt' c<:c,
e VlCe-pl'eSlt
for the same term, be elected as follows:
2. EACH state shall appoint, in such manner as the legisla- Electo.s of l):'csi-
ture thereof may direct, a number of electors, equal to the dent. andvice-pl'<:-
whole number of senators and representatives to which the sldent, &c.
state may be entitled in the congress: bnt no senator or repre-
sentative, or person holding an office of trust or profit under
the United States, shall be appointed an elector. "
s. THE electors shall meet in their respective states, and Meeting of the e~
vote by ballot for two persons, of whom one at least shall not lectors of prcsi-
be an inhabitaJ.lt of the same state with themselves. And they ~~';~Il'~l~~cee<liJ;~rs,
shall make a lIst of all the persons voted for; and of the nUlll- ."
bel' of votes for each; which list they shall sign and certify, and
.
',.:ie,
transmit, sealed, to the seat of the government of the United
States, direeteu to the president of the senate. The president
of the senate shall, in the presence of the senate and. house of
representatives, open all the ce.rtificates, and the votes shall
then be counted. The person having the greatest number of
votes shall be the president, if such number be a majority of
the whole number of electors appointed: and if there be more
than one who have such majority, and have an equal number
"din t\ouston Regional Libra{) CJ. of votes, then the house of representatives shall immediately
Research Center choose by ballot one of them for president; and if no person
FM RO 1011 :~. have a majority, then, from the fiye highest on the list, the said.
P.O. BOl< 310 .'.
I Ihert", lx 17515 ,. '-

~---------
Federal Constitution.
A. D. 1788-9, house shall, in like manner, choose the president. But in
A, R. C. 13.
choosing the president, the votes shall be taken by states, the
"--v--l representation from each state having one vote: a quorum for
t~l~S purpose shall consist of a .m~mber or members from two-
thirds ot the states, and a maJonty of all the states shall be
necessary to a choice. In every case, after the choice of the
president, the person having the greatest number of votes of
. , the electors, shall be the vice-president. But if there should
~~~~~~~~~~~~,a~l~e remain two or more who havee~lllal vo~es, the senate shall
12,] choose from them, by ballot, the vIce-preslllent.:'
Conf;"ress may de- 4. TIm COllO'reSS may determine the time of choosino- the

,
tCI'niine. the time electors and
of choOSJ.l1g elcetOl's "
the ,
day on which they shall o-ive their ~~tes .
• '? " '
of president, &c, wInch day shall be the same throughout the Umted States.
Th~ presidcnt to 5. No person except a natural born citizen, or a citizen of
be ~:~t.lll·al. bam, 01' the United States at the time of the adoption of this constitu-
a C:l:ZCfl m 1788 j t'
agd 85 ; m,d 111 lOn, slla
I II be eI'\gl,'bi e to tIe I 0 fti• ce 0 t' preSl.'d ent: neltner
' t ~1laII
yem';, it "csi:lcnt of any person be eligIble to that office, who shall not have attamed
the UnitedStr.tc-s, to the age of thirty-five years, and been fourteen years a resi-
dent within the United States.
u In case of yacancy G. IN case of the removal of the president from office, or of
~ i~,the o:1lce o.f prc- illS death, resignation, or inability to discharge the powers and.
h Sluent, the \riCe- I '1 0 fl.:·lice, tlIe same sI1<1·11 l 1cvo 1ve on tIelVICC-
t'He sa~l '
(!L'l.l~~~ or
1.' ,.
'I presdent to act,
it
'\ &c. })reSiLlent; and thc congress may by law prOVIde for the case of
'/, re~llov<:ll, death, resignation, or inability, both of the president
a~ld YlC~-p'25ident,declarin$ what Offl(;er shall then act as pre-
sident, alld SL1Ch officcr shall act accordingly, uniil the disa-
bility be relllOycd, or a president shall be elected.
Compens~tioil of 7. 'rmc presidt~nt s!:all, at stated times, l'eceive for his ser-
the president. vices, a COiTI[lcilSation, which shaH neither be increased nor
diminished during t~le period f(}t· which he shall have beel~
elected, ami he shall not receive within that period any other
I emolument {['(1m fie United States or any of them.
\~ The president to
take :m oroth,
8. BEFORE he entcr on the execution of his office, he shall
take the. followinQ; oath or affirmation: .
"

:Form of tile oath. "I DO solemnly swear (or affirm) that I will faithfully exe-
cute the office of president of the United States, and will to
the best of my ability, preserve, protect and defend the consti~
tution of th~ United States." .

Section Q.

T.llC president i~ 1. Tr-m presidcnt shall be commander in chief of the army


commander in and navy of the United States, and of the militia of the seve-
chief, &c. raJ states, when called into the actual service of the United
He may require States; he may require the opinion, in writing, of the principal
writtClil ,opi.nions officer in each of the executive departments, upon any subject
fl'O\~Pl'Ill~lpal cX-re'ntino' io t;1C duties of theirrcsp·cctive oflices' and he shall
ecut,vc officers. Ht c:>' . , ' . .
He elln n~pricve have pOWel' to grant repneves and pardons for offences agamst
?nil panlon. the United States, except in cases of impcachment.
H'~ may, in eon- 2. HE shall have power, by and with the advice and consent
,inn(',tioa with the of the senate, to lllRke treaties,. providcd two-thirds of the
f;cnatc, m,tk~ t.l'ca- I , 1I I 11 . t
tks, ::ppoint <1111- f=(,:Il3.'O,1"S pre?Cth concur: ant IC s la. nOllllIlae, a~
d by an d .\@ Houston Regional library &
l-iaw,ikl";, ~c, V/lth. 1,ne ad nce and consent of the senate, shall appomt ambas- Research Canter
E'adors, OL1H.~1' public. ministers and consuls, judges of the su- FM RD 1011
pr~rn.e conrt.. a.nd a·ll oiher officers (If the United States, whose P.O. 80::: 310
(theft)'. Ix 77575
FedeTal Constitution;
aPr<!intments .are not herein otherwise provided for, an~l 'which A. D. 1,788-9.
shall be ~stabhshed, by la,~. ~ut t.h~ congress may?y law vest
the appoll1tment of such ll1fenor ofhcers, as they tlunk proper, C ,ov
t,
R,C:,~
, 't
. .1 1 . tl " f ' 1·-,tW, or 1n
111 the preSlt ent a one, 111 Ie COUl ts 0
:' tt.
.le I,
leatI's 0 l' cCl't.am
On!;.l CdS m~y ,e~
appomt-
departments. l~cnts in thc prc-
S. THE president shall have power to tlll up all vacancies sH]e~t. alone, 01' 0-
· 1 f'l b t' t.hCI \I'ISe,
that n~ay: 1lappe~ dunng t Ie ~'ecess 0 t le sel1l~tr, ,y gran lUg '~'hc prcsid,eht may
,- comffilSSlOnS whIch shall expIre at the end of theIr next ses- hI! vacanCIes elm'e
;,' n' iug the recess of
S10 • the senate.

Section S.

1. HE shali from time to time give to the congress infor- ~'resident to in-
nation of the state of the union, and recommend to their lorm congTess, and
1 . . hI' ] , rccommend mea-
consH~eratlon such measures as. e s lall JU~ ge necessary ann stires; may con-
expedIent; )Ie may, on extraOl~dll1ary occ~slOns, conven: both vene, ~nd adjOUl:n
houses or eItller of them, and m case of dls::wreement be~ween congl.ess on cert~lU
, . h' t' d' <:> I ' ]". occaSIOns; recelye
them, with resl?ect to t e tIme 0 ~ Journment, le may at[.J0~rn ambassadors, NC,;
them to such tune as he shall thmk proper; he sha.ll receIve shall sec the laws
ambassadors and other public ministers; he shall take Cll.re that executed, and com·
I 1aws be f'·
tIe mthfu 11 y exeeutet,
I an
d SIla11 comnusswn
. : a 11 tl Ie mission all officers
of thc United
ofllcers 01' the United States. St~tes,

Section 4.

1. THE president, vice-president, and all civil officers of the President, &c. r~~
United States, shall be removed from office on impeachment movable on im-
for , and conviction of"
treasonJ
bribenr ' or other hio-h
b
crim<>s
'
ard
1
peac~l1:ent
conVictiOn,. :md
v

misdemeanors.

ARTICLE S.

Section 1.

1. tHE jtldicial power of the United States shall be vested.TtH1ici~,1 powe"r-s


'in one supreme court, and in such inferior courts a.s the con- vested in a sn-
gress may from time to til:le or?ain and establish. Th~ judges, ~:;~l~~~ c~~r~o~f"
both of the supreme and. mfenor courts, shall hold therr offices theil' offices during
during good behaviour, and shall, at stated times, receive for good "behaYiour,
their services a compensation, which shrrll not be diminished ,,"c.
during their continuance in office.
,-
Section z.
1. THE judicial power shall extend to all cases, in law a.nd Extent of the jUdl~
;'
equity, arising under this constitution, the laws of the United cial pOWEr,
States, and treaties made, or which shall be made, under their
authority; to all cases affecting amba.ssadors, other public mi-
nisters and consuls; to all cases of admiralty and maritime
jurisdiction; to controversies to which the United States shall
be a party; to controversies between two or Glore states, be-
tween a state and citizens of another stat.e, between citizens
of different states, between citizens of the same state, claimino" ['" See al'cstrict.ion.
~Mn tlouston RegIonal ublaij r. ~ lands under grants of different states, a.ml between a state, o~ of this provision,;;,-
Rese,lHC!\ Cefltef 'h '4' I fIt"" ., , mendmcllts) m'C
t e CI~lzens t lereo , am Ol'Clgn states, clhzen;;; or ~ubJects.;" n.]
FM RO 1011
P.O. Box 310
\, ibertv. 1)( 17575
b _
S::Z!$!!AW:ZAZ .

24 Federal Constitution.
A. D. 1!8S~-'-~J. ~. IN all ca;:;cs affecting ambassadors, other public ministers
~ R C. l~ and consuls, and those in which a state shall be a party, the 1·
Orjginal~;1 ap- supreme .court sha!l have original jurisdiction. In all the other
p~lh~te.iurjsdiction~?s..es .be~ore mcntlOned, the supreme C?urt shall have appellate
of the supreme JunslhcLwJl, both as to law and fact, With such exceptions, and
court. un(l<.~l' such regulations as the conPTCSS shall make.
Tl'ifil ?f crir~1es to S. TUE trial of all crimes, exc~)t in cases of impeachment~
he by Jury, &c. s)Jall be by jury; and such trial shall be held in the state where
the s,lid crimes ~hall have been committed; but when not com~
mitted within any state, the trial shall be at such place or places
as the congress may by la.w have directed.

Section S.
Definition of trca- 1. TREASON against the United States shall consist only in
son . l ' war agall1st
evymg . t 1lem, or 111
'1 al1 ' to t hell'
lenng . enemies,
.. glV~
inp; them aid and comfort. No person shall be convicted of
treason, unless on thp. testimony of two witnesses to the same
overt act, or all confession in open court.
e.:ongress to d~- 2. TIm congTess shall have power to declare the punishment
clare th~ pnlllsh. of treason, but no attainder of treason shall work corruption of
&c. 01 trcason, bi oat.,
mcnt 1 or f'or f"elture, except d '
unng t IlC l'f f' 1
1 e 0 t le person at-
tainted.

AUTIQLE 4.

Section 1.
~l'et1it to be g'iven 1. Fur.I. faith and credit shall be given in each state to the
In o~e sUIte to the puuEc acts records and J'udicial proceedings of every other
Imbhc acts, &c. of ' y,
anothcl', &c. state. And the congress may by general laws prescnbe th~
llvmn:3l' in which such acts, records and proceedings shall be
proved, and the effect thereof. .

Section 2.
necip~'ocjfy of citi- 1. THE citizens ot each sta.te shall be entitled to all pnVI-
zenshlp theotlo-h-
out the states.'"
1 . . 0 f' ~l't'lzens 111
egcs an d. Imn1umt!es
' I
. tIe :,everaI states.
Criminals flying 2.. A PERSON charged ll1 any state With treason, felony, or
from Oue state to other crime, who shall flee from justice, and be found in ano-
.~n()thel·, to be de- tller state shall on demand of the executive authority of the
ltn-red IIp on de- "
m;nd. . state from which he fled, be delivered up, to be removed to the
state having jurisdiction of the crime.
Unnaway slaves, S. No person held to service or labor in one state, under the
.'icc, to be ddivcrc!llaws thereof, escaping into another, shall, in consequenee of
I1p. any law or regulatIOn therein, be discharged from such service
or labor, but shall be delivered. up, on claim of the party tQ I
I
whom such service or labor may be due. I
i
I
Section S.
i
Xc,~state~mnyhe !.
states may be admitte~l by the congress ~nt?
NEW this ~dm
HDuston Reg Ilifl 81 Ubril) &
ad:l1lttcd mto the umon; but no new state shall be formed or erected. wlthm the Rcs~fjrl:h Cafltar
Ilrnon ' &c. d" f I t t t t b.... db tl
.luns IctIon 0 any ot ler s ,t e; nor any s a e e lorr~e - y le
. , FM RO 1011
junction of two or more states, or parts of states, WIthout the P,O. Box 310
! 'herty. Tx 7757~
Federal Constitution. 25
.consent of the legislatures of the states cOllcerncrl, as well as A. D. 1788-9.
A. n. C. IS.
of th e congress.. ,. L _ ---..J
. con~ress shall have" power to dIsposeI ot, and
. 2. THE . make Co ngress'Yt 0 Ilave
· all needful ru es and regulatlOns respectmg, t le terntory or }low~r over terri-
. other property belonging to the United States; and. no!hing in to.I·y, &c. Claims
'
thl~ ti't ti shall be so construed as to pre1udice any 01 ~he itatcs,. &~.
cons u on. ",,','. ~ > . not to be pI'eJuuI'
dauns of the Umted States, 01 OJ any partlculal state. lled.

Section 4.

. 1. THE United States shall guarantee to every state in this Rcpllbliean form
· union a republic~an fo.rm of governme~t,a~d sh~ll prot~ct each of g~)v<':l'l:ment
of them against mvaSIOn ; and, on applIcatIOn oj the legIslature, f~~~1lI1~etl to each
or the executive (when the legislature cannot be convened,) , .
awainst
o domestic vlOlence. . .
ARTICLE 5.

· 1.· T~Econgreg8, whenever two-thirds of both houses shall ~~odc of ~c~ding


deem itJ1ecessary, shall propose amendments to this constitu- tillS constltutlOll.
!ion; or.:on t~e application of the leg~8latures of h~{)-thirds ot
the 8eve~a! sta~s, .shall call aconventlon ~or proJ.>us!ng amend-
ments, wInch, III eIther case, shall be valtd to aU mtents and
purposes, as part of this Gonstitution, when- ratified by the legis-
latures of three.fourths of the several states, or by conventions
in three-fourths thereof, as the one or the other mode of ratifi-
cation may be proposed by the congress; provided, th1l.t no
amendment which may be made prior to the year one thousaHlJ
eight hundred and eight, shal~ in any ~annel' affect the ~l'sF [* Conce;ning the'
and fourth* clauses m the mnth sectIOn of the first article: !1-r:P0l'tatiOll of eel'-
and that no s~te, without its consent, shall be deprived of its ;I~:~~c~~~c~~j and
~qual suffrage m the senate,t [t See. ante, art. 1,
§ 3, cl. 1.]
ARTICLE 6.
t. ALL debts contracted and engagements enterell into, he- Assumption of
fore the adoption of this constitution, shall be as valid against debts incul'!'?d un-
the United States under this constitution, as under the con- ~el' thc conledem•
.t': d ' ,-,on.
~e eratlOn. ;J

2~ THIS constitution, and the laws of the United States This constitution,
which shall be made in pursuance thereoC and all treaties actus o~ co.ngrcss,
rnade, or whIC · h sIlaII be rna de, un< 1er th e au t"nonty 01" t IlC U· an tI eatlcs,
1lI- suprcme law,the
&0,
ted States, shall be the supreme law of the land; and the judges The state judges
In, ev~ry state shall be bound thereby; any thing in the con- bound thereby.
stltuhon or laws of any state to th~ contrary notwi~hstandillg.
. . 3•. THE senators and representatives before mentioned, and Senators, reprc-
the members of the several state legislabres, and all executive sentativcs, &c.
.and JU , 1 0 ffi eel'S, b0 tl 1 0 f the U mte
. d'ICla ' ld' IS tat?s aud of. the ·bOlllJ{l hy oath 01'
affirmation to SIlP~
se~eral st~tes~ shall be bound, by oath or :unrmatlOn, to support )~ort this cO',3titlt-
this con~~ltut~on: but no rehg;lOus test shall ever be requIred t'.?I1. 1,0'" q

as a qualificatIon to any office or public trust under the United No re";:,lO,IS tc"t.
States. .
·aln Houston Regional ubIat)'
lesearctt Canter.
·M RO 1011 VOl.. I. D
).0. Box 310
I berty, Tx 77'j75
26 Federal ConsHtution.
A. D. 1788-9.
A. R. C. 13. ARTICLE 7.
ati~7 1. THE ratification of the conventions of nine states, sha.ll
l
l1 till
9t;tcs c;uffi~iell~lme
. , be sufficient for the establishment of this constitution between
&c. the states so ratifying the same. .
DONE in convention, by the unanimous consent of the states
present, the seventeenth day of September, in the year
of our Lord one thousand seven hundred and cighty-
I,
seven, and of the independence of the United States of
"
America, the twelfth. In witness whereof, we have
hereunto subscribed our names.
GEORGE WASHINGTON,
President, and deputy from Virginill..

NEW HA]\1l'~n:lnF.. DJ:J•.l WARE.


J ~hn La;)p,rlc:l, George Read,
I NIcholas ,j·!.lm:m. Glffi!l!ns Bedford, jun.
:~ ',IMISA:fIUSETTS. John Dickinson,
'Ii N athanicl Gorham, Richard Bassett,
Hufus King. Jacob Broom.
eOS;UCTJCTIl'. JlJARYLAl\"'D.
I;
'Vilii~m Samuel Johnson, James M'Henry,
! Rogel' Sherman. Daniclof St. Thomas Jenifcl',
',I 1,EW YORK.
Alexandet' Hamilton.
Daniel Can·oJ.
VIRGINIA.
'1\ -;-i J>\V JJ;RSEY. John Blair,
\Villi:tm Livingston, James Madison, jun.
'1
'~. David Bready, NORTH CAItOLINA.
\Villiam Patterson, 'Villiam Blount,

I "
Jonathan Dayton.
l'l:NNSYLVANIA.
Benjamin Franklin,
Thomas Mifflin,
Hobelt Morris,
George Clymel',
Thomas Fit7$immons,
Richard Dobbs Spaight,
Hngh vVilIiamson.
SOUTH CAItOLTNA.
John Rutledge,
Chal'1es Cotesworth Pinckne\'.
Chades Pinckney,
I'iel'ce Butlel·.
•'

.T ared Ingersoll, GEORGIA..


.lames 'Vilson, \VilIiam Few,
Gouvel'llcul' l\fol'ris. Abraham Baldwin.
J1tti'st, vVILLIAM JACKSON, 8ecretm'!I.

-
IN CONVENTION,
MONDAY, SEPTEMBER 17', 1787.

,t PJ'escllt, Ole states of New Hampshire, 1\lassachusetts, Connecticut, :Mr. Hamil-


!: ton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virgi-
nia, North Carolina, South Carolina and Georgia.

Constitution to be 1. Resolved, That the preceding constitution be bid before


laid Lclore COIl- the U Iliteu StfLtes, in conu:ress assembled, and that it is the
g-ress, &c. u
opinion of this convention, that it should a.fterwards be sub-
mitted t.o a. convention of delegates chosen in each state by the
people thereof, under the recommendation of its legi.slature,
for their assent a.nd ratification; and that each convention as-
senting to, and ratifying the same, should give notice thereof
to the United States in congress assembled.
Congrc~s to fix a 2. ResoZc·ed, That it is the opinion of this convention, that
d:ly lor lIppoiuting a.s soon as the conventions of nine states shall have ratified this
Federal Constitution.
' .. ''.~bnstitution,the United States in congress .asse~111Jlc(~, should A. D. 1788-9.
·'-~.iii:~:a,.day 011 which ~lectors should be appomtcCl by tl1~ ~tates t~· C'.~:~
"~hich shall have rat1fi~d the same, and a. day on wlncr, .the c1cctors-V;;f presi-
,electl,)rs -should assembl.e to vote fo: the presl(len~, and tl~c t~me dent, &c.
;@~'place for cOml11e~clr:g proceedmgs uader tl:H.l consbt;ltlon.
. That after such publicatIOn, the. electors should be appomted,
aMt9.~"senators and representatives elect~d. Tl.lat the el~ctors Mode .rc,c?~.men"
should" meet on the. day fixed for the electiOn of the presIdent, dthed for C:Ul ~mg.
ana
, .. .. . h' t t' ,. 1 . I I d d e const.J.tntlOl1 ill"
should transffilt t ell' va es, Cel' wee, signee, sea e an 1.0 eflect. "
'likected, as the constitution requires, to the secretary of the
.".UnIted Sta~es in congress assembled: that ~he senato~'s and
":representatlVes should conven.e at the h~l1e ann ylace assIgned;
that the senators should appomt a l?resldent of t~le senate, for
the sole purpose of receiving, opcmng and countmg the Yotes
for president; and that, aftel' he shall be chosen, the ~ongress,
together ,,:ith the 'pre~ident, should without delay, proceed to
execute tins constItutiOn. "
By the unanimous order of the convention.
GEORGE WASHINGTON, Pre.side.nt.
W~LLI~!II JACKSON, Secreta1'y.

IN CONVENTION,
SEPTEMBER 17, 1787.
SIR,
'V E have now the honor to submit to the considcmtion OfLette.. fi'om the
the United States in congress assembled, that COi1St.itutioE ~onvc:ltl~1l that .
which has appeared to us the most advisal'lle. h'a~:d tile, const!.
· d S 0 f .our country have l
T HE finelL ongI d eSlre(,
se~n am
' 1 t'at\ sident
t:mon, to tne pre.
of congress.
the power of makmg war, peace and trenties, that of levying
money and regulating commerce, and the corrcsyond.ent execu-
tive and judicial authorities, should be fuUy niHl effectually
.ve.sted in the gen?ral goverument. of the union; but the iGlprO-
pnety of delegatmg such extenSIve trust to one body of men
l~ eVIdent; hence results the necessity of a different organiza-
tiOn.
IT is obviously impracticable in the federal government of
these stat.es, to secure all rights of independent sovcreill"nty to
each, and yet proviue for the interest and safety of all; individu-
. als entering into society must give up a share of liberty to pre-
serve the res.t. '~'he lIlagn}tude of the sacriiice must. depend
as ,~ell on SItuation and Circumstance, as on the object to be
o.btamed. It is at all times difficult to draw with precisiun the
lm~ between thos,C rights which must be surrenllered, and those
whIch may be reseryed; and on the present occasion this difli-
.culty was increased by a diiference aman o· the several states,
as to their situation, extent, ha.bits and pa~ticular interests.
IN .all our del~berations on this suhject, '\-ve kept steadily in
our new t~at whIch appears to us the great.est int.erest of every
true Amencan, the consolidation of our union, in which is ill-
. Gin 1·lol.!~10n
regional ldll4Si) ~. vo~ved our pro:,perity, felicity, safety, perhaps "Ul' national
esellrch C.enter . eXIstence. ThIS important consideration, seriousl), and deeply
M RO 1011
p.O. Box 310
! Iberty, Tx 77575 . ..
. i""
'""""'==-~"'-'-_ .. ----...-
r

£3 Federal Const'ltntion.
A. D. 1788-9. impressed on our minds, led each state in the convention to
A. R. C. 13.
be less rigid on points of inferior ma.gnitude, than might have
'---..r----J been ot)Frwise expected; and thus the constitution which we
row pl"esent, is the result of it spirit of amity, and of that
mutll~tl deference and concession, which the peculiarity of our
political situ:ltion rendererl indispensible.
TEAT it will Irlcd the full and entire approbation of every
stat~, ,is not, pcrh~ps, ~o be e.xp~cted; but each will doubtless
COESlae!", that, h;id ner mterests been alone consulted, the conse-
quences might have been particularly di:3agreeable or injurious
to ethers: that it is liable t@ as few exc.eptions as could reason-
ably have been expected, \'I'e hop~~ and believe: that it may
promote the lastillgwelfare of that country so dear to us all,
a~d l:iccure her fi-eedom and happiness, IS our most ardent
\Vlsh.
",VITH great respec1;, we ha.ve the honor to be, Sir, your ex-
cellency's most obedient and humble servants, .
By unanimous order of the convention,
GEORGE 'VASHINGTON, P1'esident.
Bis Excellency;, the. President of Congre5S.

-
AMENDMENTS TO THE CONSTITUTION.
ARTICLE 1.

COnf,'TC5~ PI'o?i~it· CONGRBSS shall make no law respecting an?establishment of


e(~tfill'~:~l~~~(;:'!c:·l.nt·,r; reLg10:l, or prohibiting the free
WI 1 - ~ .g.O.1, ,II n . . . I
I'
exercise thereof; or abride-ing
I . h f I v
fl'cedom o;speech, the freedorn of speech, or or t te pres~? or tIe ng tot Ie peo-
of th~ JWtS~~, and pIe peaceably to assemble, and to petitIOn the government tor a
t~c I'Jgl1L of PCLl- redress of ;:,O'rievances.
bon.

ARTICLE Z.

night of the pco- A WELL rer-ulated militia being necessary to the security of
:pIe
bClli' arms &c. a !ree st at.e, tile
to keep and.. . Itt'
.-=- ng I 0 tIeI l Ct0 k ecp an d bear anns S IlaII
peop
, not be infringed.

AItTICLE S.
:N"0 soldier to be No soldier shall, in time of p~ace, be quartered in any house
qual'tel'ed in any
house, dll1·jllg without the consent of the owner; nor in time of war, but in a
peace, without manner to be prescribed by law.
conscnt, &0.
ARTICLE 4.

N~ sC:\l'ch wan'ant THE right of the people to be secure in their persons, ~ouses,
to Issue, except on papers and effects agamst unrea~onable searches and seIZures,
probable cal'se·
oath, &c, "
' '. I 11' b
shall not be violated; and no warran~s S let. Issue, ut uI,J0n pro-
bable cause, supported by oath or affirmation, and parLt~ularly
describing the place to be searched, and the persons 61' thmgs to \cl!l r~oustOfl RegIOnal UbJiilj &
be seized. R2search Celltar
FM RO 1011
p.O. Box 310
~ Iberty. h 17575
Federal Co1~sW·lttion. 29
ARTICLE. 5. A. n. 178-8-9.
A. R. C. 13.
o No person shall be held to amm:er for a capital or otherwise \. ,",__ .-J
'l~n~amous crim2 uniess Oll a presentment or indictment. cf a 'NhTollPcl'son to b~
Ii '. ". 1. c ( to answer fOt'
grand jury,. ~~cept m ~[tScs) ;msmg ~n tl:e l~nd 0:- nava force;", a crime, unless on
or in the nllhtta, when lfl. :lcmal serVIce, III tune 01 war or publIc presentment, &c.
dange.r; nor .sh~I1 ,:Il!perso? be .sl~~je(~t for ~h~ s:ll'ae offence to ~~~~\~;/~rt~c:~~I~~
be tWIce rut lUJ eol,aI dy of hfe. or li.no, .\lor s~all be compelled, to answer for the
in any crIminal case, to be a wItness a~amst hImself, nor be de-sameolfcncctwice,
prived of life, liberty, or property, without due process of law; &c.
nor shall private property be taken for public use without just
compensation.

AHTICLE 6.

. IN all criminal prosecutions, the accused shaH enjoy the right AS8uranees of
to a speedy and public trial, by an impartial jury ot the state s~c'ly ~Jd pu~lic
. •
and dIstnct - I
wnerem tfle cn~e
. sI'ta11 Jlave.b eell COH:mI'tt ec,
1 WIlIC
:' I1 in
trIalcl'iminal
by Jury &c.
pr06e-
district shall have been prevlO:.lsly ascertam~d by law; and to be ol.\tions.
informed of the nature and cause of the acc:H;ation ; to be con-
.fronted with the witnesses against him; to have compulsory pro-
ce>!;)s for obtaining witnesses in his favor; and to have the assis-
tance of counsel for his defence.

ARTICLE 7.

IN suits at common law, where the value in controversy shall !tight of trial by
exceed twenty dolla.rs, the right of trial by jury shall be pre_Jl1).T in suits at
~
. d jand nO.lacttne . d b' I JI beoth ' . commm1 law
.serye .yaJurYSla en~Isere-ex(amE-abo"cthe,'aiueof
ed m any courftf the U mteu States, than accordmg to the rules 2) 20, &c.
of the common law.

ARTICLE 8.

EXCESSIVE bail shall not be required, nor excessive fines im- Excessiye b~l, and.
posed, nor cruel and unusual punishments tlicted. uuj~st aud cruel
. pUnishments, pro-
hibited.
ARTICLE 9.

THE enumeration in the constitution, of certain rio-hts, shall Rigj;lts cnumerat-


not be construed to deny or disparage others retailfed by the eel, not to di~par-
age th05C retained.
peopI e.

ARTICLE 10.

THE powers not delegated to the United States by the consti- Power8 not dele.
tution) nor prohibited by it to the states, are reserved to the gated, &c. are re·
states respectively or to the people SCI'YetI to the
" states or peoplc.
ARTICLE 11.

THE judicial power of the United States shall not be constru- Restriction of ju.
\,,1Cl rlouS!.On Regional libl cd to ext~nd to any suit in law or equity, commenced or prose- dicial powers. [See
R:.:search Center cuted agams~ ?ne of the £!nited StatttS by' citizens of another :i~t~: art. 3, § 2,
f~' RD 1011 sta.te, or by CItIzens or subjects of any foreIgn state.
p.O. Box 310
l ibert~. Tx 77575

.. j
50 Federal Constit1dion.
A. D. 1iRS-i!. ARTICLE 12.~
A. n. C. 13 .
r. ". -s. ~
ee ante
~ I,c!.
1. TIlE electors shall meet. in their respective states, and vote
s.] , art. 2.),uy t f' prcslUcn
ba II 001' './ t an(lVIce
' pres\t. 1en t , one f °It
W 10m, Il Ieast,
Actnal morle of shall not be an inhabitant of the same state with themselves;
electing th~ prcsi- they shall name in their ballots the person voted for as presi-
~i~~~t~~~ ~~~e &~t dent, and in distinct. ballots ~h~ pers.on voted for as vice presi-
ted States. dent; and they shall make distInct lIsts of all persons voted for
as president, and of all persons votr:d fo.r as vice presid~nt, and
of the number of votes for each, wInch 11St8 they shall sIgn and
certify, and transmit scaled to the seat of the government of the
United States, directed to the president of the senate; the
president of the senate shall, in the presence of the senate and
house of representatives, open all the certificates, and the votes
shall then be counted; the person having the greatest number of
votes for president, shall be the president, if such number be a
majority of the whole number of electors appointed; and if no
person have such majority, then, fi'om the per'sons having the
highest number, not exceeding three, on the list of those voted
for as president, the house of represenhltives shall choose imme-
diately, by ballot, the president. But in choosing the pre.si-
dent, the votes shall be taken by states, the representation from
each state having one vote; a quorum for this purpose shall con-
sist of a member or members from two-thirds of the states, and
" mnjority of all the states shall be necessary to a choice. And
if the house of representatives shall not choose a president
whenever the rjgbt of choice shall devolve upon them, before
the fourth rlay of :March next following, then tl1('; vice president
shall act as president, as in the case of the death or other con-
stitutional disability of the president. .
2.. THE J~erson having the g~eatest .~umber of votes as vice
vresldent, Sl1all be the VIce presIdent, It such number be a ma-
jority of the whole number of electors appointed; and if no
person have a majority, then, from the two highest numbers on
the list, the senate shall choose the vice president: a quorum
for the purpose shall consist of two thirds of the whole number
of senators; and a majority of the whole number shall be neces-
sary to a choice.
S. BUT no person constitutionally ineligible to the office of
president, shan be eligible to that of vice president of the United
States.

ARTICLE IS.

Citizenshill forfeit· b any citizen of the United States shall accept, claim, re-
~ by fthe ace:p- ceive, or retain any title of nobility or honor, or shall, without
<-«nee, rom a ,01'- h f' l' t'
eign l)Ower, of any 1. e consent u congress, accep~ ant retam any presen , penSIOn,
title of nobility, (11- office, or emolument of any kind whatever, frum any emperor,
fice, or en:ohuuent king, prince, or [01'('10-n power, such fJerson shall cease to be a
of any kmd, &c. ..0 . .? , .1' , . ,
rS~e ante, art. 1, cllnen of the Umtctl States, and saa I be ll.capable of holdmg
~ 9, cl. 2.] an)' office of trust or profit under them.. or either of them.

Si.lO Houston Regional UblalJ &


ReslJarch r~ter
fMRD1011
P.O. Bar. 310
I :ht!rt•. Ix 7757~

\
l=----<--·
"

'Bill oj Rights. 51

~:~ , , ' ' ' "" C 3


". ,.::. ... ¥'-....;r-,. • :...~:-;.j
.' . . • •
:,.Jl~1JiCliI~d:t,i~nX(lRightsmade by the ~e-p~{'sentatit·e~ of the A. D. 17io.
. ,~,. ' ,-PJ~' 'Ie '!1~ ViRGINIA, asse11~bled '/.'1t jull and /1 ee p~n­ A. R. C.l.
", ,;if~~ft~rig'hts do pe,,.~a'tll t~ theln) and thet',. 1 Oiit~- L~~
" ,~ij;,~th,~,1i~H, and found(Ltton oj Government.
, < ; ;~::' ':ftr~ci:hil~ously adopted, June 1£, 1776.J
~"" '~;~~:ij~~~:~ll men are bynature equally free and indcpcn-
< "'d~hf~rid ,have certain inherent rights, of which, when thc.r
"~rite;"~rito,astate of society, they cannot, by RI:y compact, ~~­
'~prive or 4ivest.their posterity; name~y, the enJoynlell~ of hte
<a.n(t']ipe!,ty;', WIth the means of acqulflng and possessmg pro-
pertYJ"a:ft.dJ>ursuing a~d obtaini~g happiness and safety. .
,"' % 'ritA'!' aU power IS vested 111, and consequently denved
'fl~m',<the 'p¢Qpl~;.that Magistrates are their trustees amI ser-
~itnts, j:llld';alall 'tunes amenable to them.
,'.<S; Ttt~.\T~gQvernmentis, or ought to be, instituted for the
'c:()~"'~n,~~~~~~~:prpteetiQnal~dsecurity, of the peopl~, nation,
':oTcomIIiumty: :of all the vanous modes and forms of gove-rno
tfterit,-thafis, best, ~~hi~h is capable of producing the greatest
deg;eeofl,!appin~sg'atidsafety! ~nd is. most eftectually secured
~g~nstthe dang~r of mal-adn~llms~ratlOn; and that, when allJ
'goYer~mient shall be found llladequate or contrary to these
purposes, it majority of the community hath an illdubitablp,
u,rialienable, and indefeasible right, to reform, alter, or abolish
'j~J,iri'su~h manner as shall be' judged most conducive to the
pliblfc\veal. ' .
,~'44,. ,THAT no man, or set of men, arc entItled to eXclUSlye or
separate, emolument.s or privileges from the community, but in
consideration of public services; which not being; descendible;
'heither4.>ug~t the offices of Magistrate, Legislator, or Jtidge~
to;he \heredltary.
,'5. THAT the Legislative and Executive powers of the state
should be separate and distinct from the Judiciary; and that
the members of the two first may be restrained from oppres-
sion, by feeling and participating the uUl'thens of the people.
they should, at fixed periods, be reduced to a privatcstatioll,
return into that body from which they were originally takell,
and the vacancies be supr.lied by frequent, certain, and re,O'u-
lar elections, in which al , or any part of the former mcmb~rs,
to be again eligible, or ineligible, as the laws shall direct.
6. THAT el~ctions of members to serve as representatives
of t~le people.' III Assembly, ought to be free; and thp.t all men,
havmg sufficlent evidence of permanent common interest 'with,
Bnd attachment to, the community, have the right of suffrage,
andcau;lOt be ta~ed or ueprivcd of their prol:;cl'ty for public
~ses,wlthout thelr own consent, or that of their reprc~.;enta.
, ~Ive.s so elected, nor bound by any law to which they have not,
In hke maimer, assented, for the public (rood. [)

7. THAT all power of suspendin[.!; laws, or the execut.ion of


SdlO Houston RegIonal Llbraij laws, by any authorit.y, witho,lt cO!l~lent of the represr:ntative~
Research Canter
FM RO 1011
P.O. Box 310
\Ibert~. Tx 11575
...i~ •
J
Bill qf Ri.ghts.
A. D. 177ft
Df the people, is injurious to their rights, and ought not to be
A. R. C. 1.
exercised.
L-y-J 8. Tr-IAT, in all capital or criminal prosecutions, a man hath
a right to demand the cause and nature of his accusation, to
he cOllfronteu with the accusers and witnesses, to call for evi-
dence in his favor, and to a speedy trial by an ~mpartial jury
of his vicinage, without whose unanimous consent he cannot
be found. guilty; nor can he be compelled to give evidence
again~5t himself; that no man be deprived of his liberty except
by the law of the land, 01' the judgment of his peers.
9. THAT excessive bail ought not to be required, nor exces-
sive fines imposed, nor cruel and unusual punishments in~
f1icted.
10. THAT general warrants, whereby an officer or messenger
may be commallded to search sllspected places without evi-
dence of c. fact committed, or to seize any person or persons
not named, or ,,,hose 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 suit"
between man antI man, the ancient trial by jury is preferable
to any other, and ought to be held sacreo.
12. THAT tl)e freedom of the press is one of the great bul-
warks of liberty, and can never be restrained but by despotic
governments. '
I IS. THAT a well regulated militia, composed of the body of
I the people, trained to arms, is the proper, natural and safe ue-
I'
fence oi a free state; that standing armies, in time of peace,
\ liihould be avoided, as dangerous to liberty; and that in all
I cases, the milita.ry should be under strict subordination to, and
I:I governed by, the civil power.
14. THAT the people have a right to uniforln government;
and therefore, that no government separate from, or indepen-
dent 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 jus-
tice, moderation, temperance, frugality, and virtue, and by fre-
quent 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 rea-
son and conviction, not by force or violen.~e; and therefore all
men are equally entitled to the free exercise of religion, ac-
cording to the dictates of conscience; and that it is the mutual
duty of all to practise Christian forbearance, love, and charity
towards each other.

.'),jm HOIl [.On H&glonal Ublalj b


Reset'l:ch Center
f-M RO 1 11
p.O. BoxJ 310
\Ibetv. 1)( 71575
Coustitidion qf JTiTginia. ss

.C. 4.
"The' CQf/stitution or Form of G01 1ernment, a/;,l'eed to and re- A. D. 1776.
··;l·solved upon by the Delegat~s and Re~.res~n~atwes of the seve- A.R.C.I.
.. ."itl Counties and Corpomtwns of J. ~rgmw . "---y-J
.,~; . [Unanimously adopteo, June 29, 1776.J

. :1. WHEREAS Ge01'ge the third, King of GreatB1'itct'in and


ireland, and Elec.tor of Ilanoye1', l~eretofore entrusted with the
exercise of the klllgly office III thIS government, hath endea-
voured to pervert the flame into a oetestable 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 Ius 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 opposiugwith man-
ly firmness his invasions of the rights of the peo;;lc: "Vhen
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 OUf coun-
try, and, for that purpose, Obstructing the l.uws for the naturali~
zation of foreigners: By keeping among us, in time of peace,
standing armies and ships of war: By affecting to render the
military illdependent of, and superior to, the civil power: By
combining with others to subject us to a fOl'eign jurisdiction;
giving his assent-to their pretended acts of Legislation; For
(luarterihg 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 thc' benefits of .
'the trial by jury: For transporting us beyond seas, to be tried
for pretendcd .offences : 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, buning our towns, and destroying the livcs of our
people: By inciting insurrections of our fellow subjects, with
the allurements of rOl'feiture 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 endeavoring to bring on the
inhabitants of our frontiers, the mercilcss Indian savages,
whose known rule of warfare is an undistinguished destruction
of all ages, sexes, ano conditions of existence I By transpor.t-
ing at tllis time, a large army of foreign mercenaries, .to COIn-
plete the ,~'orks of death, desolation, and tyranny, already
begun with cil'Cumstances of cruelty and perfidy unworthy the.
head of a civilized nation: By answering our repeated peti-
tions for redress with a repetition of injuries: And finally, by
abandoning the helm of government, and declaring us out of
'l:!lnHou~;tOI1 Regional Ubla£) VOJ,. I. F.
Research Center
fM RO 1011
P.O. Box 310
\ ibert1. h 71515
~,~. __ • ."': .,,,,,,.:-_0-

54 Constitution qf Jli1·gin'ilt.
A. D. 177t1. l1is allcO"iance and protection. 'By which several acts of mis-
t A. R. C. ~.~ rule, t.hoe government of this country, as formerly exercised
, - v - - under the crown of Great Britain, is totally dissolved:
:' "
t· . . .
,j, '-
~~l~~~s~l:~~~- "V 2. E, therefore, the Delegates and Representatives of the
~ ..,:t Another declared. good people of Virginia, having maturely considered the prem-
, 4It ' ises, and viewing with great concern the deplorable condition
to which this once happy country must be reduced, unless some
regular atIequate mode of civil polity is speedily adopted, and
,
.'
>
in compliance with a recommendation of the General Congress,
:J" "
do ordain and declare the future form of government of Vi1'·
:'1
j·.L .
j
ginia ~o be as :ollo.weth : . . .
Legislative, Exe- 3. 1 HE LegislatlVe, ExecutIve, and JudicIary departments,
cutive, and Judici- shall be separate and distinct, so that neither exercise the powers
I, lU)'lh'separated'ti' properly belonging to the other; nor shall any person exercise
f WI an excep on.
the powers 0 f more t han one 0 f t hem at t he same hme, . except
that the justices of the county courts shall be eligible to either
,,: House of A s s e m b l y . , ,\
J Legislatnre; Gen- 4. THE LegiSlative shall be formed of two distinct branches,
)' el,u Asse,mbly, who, together, shall be a complete Legislature. They shall
fOl"mted01 tW ollou- meet once or oftener, every Veal', and shall be called the Gen-
ses, a mee t once a I f u. .. J ,
year. eral Assemb, y 0 I" trgmta. . ,
HOI.lse of Dele- 5. ONE of these shall be called the House of Delegates, and
gates; its me";!- consist of 'two Representatives to be chosen for each county,
bel'S, how quail- and for the district of UTest .I1llgustd, annually, of such men as
~e~'1 ~Yv ~l;~~~. actually reside in and are freeholders of the same, or duly
11 1 \ -qualified according tttlaw, and also one Delegate or Represen-
tative to be chosen _~.rinually for the city of Williamsb1£7'g, and
one for the bor\}ugl ~ 0 Norfolk, and a Representative for each
I' of such other cines and boroughs as may hereafter be allowed
i, Whellll corpora- particular representation by the Legislature; but when any ~ity
tion's rigl~t to re- or borough shall so decrease as that the number of pei'sons
jll'esentatlOIl shall havina right of suffrage therein shall have been tor the space of
cease. sevenbyears successively less than half the number of voters in
some one county in Vir~'inia, such city or borough thencefor-
ward shall cease to send a Delegate or Representative to the
Assembly.
Senate; number 6. THJo~ other shall be called the Senate, and consist of twenty-
of ~fi~bef:' how four members, of whom thirteen shall constitute a House to pro-
?v~~~e a'nd ho\v ceed on business, for whose election the different counties .shall
,chose~. be divided in~o twenty-four districts; and each county of the
respective district, at the time o.f the election o!' its Delegates,
shall vote for one Senator, who is actually a reSident and free-
holder within the district, or duly qualified according to law,
and is upwards of twenty-five years of age; and the sheriffs of
each county, within five days at farthestaftel' the last county
election in the district, shallQ1eet at some convenient place,
and fi'om the poll so taken in their respective counties ret.tirn
as a Senator the man who shall have the greatest number of
Rotation. votes in the whole district. To keep up this Assembly by ro-
tation, 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. tl~e. vacancies tl1('~re~y 0~CaSi91led suppli~d fr~ln (~ :l .). R I ilal liblary a.
such class or diViSiOn, by new electiOn, III the manner aforesaid. '11210 M",ust,,:"'l eg 0
, iesearch ee nter
, , M RD 1011
,0. Box 310
t Iberty, Tx 17575 '
Constitution oj Virginia. 35

This rotation shall be appli¥ to each division, according to its A. D. 1776, .'
number, an,dcontinued in due or.der annually. LA~
;/7. 'THj\T the right o~ ~uffrage In t~e electIOn of members of Right of suffrage;
both ~o~ses"~?,aU remam as exercIsed 3;t p~csent, and each each H?use may
House :shalFdioose its. own Speaker, appoInt Its own officers, choose Its Speaker
c·'t'·'t··l··{·<i j ",.;; ..:""-J... ':''1s of proceeding and direct writs of election ~nd offi~ers, and
S~,.;_ ~~.'?' .~YrU;tu ~. '. Issue Wl'Its for sup-
(or,$~P'PJ~ngUJ.t~rmed!a!e va~anCleS. plying vacancies,
.>.8'/,AtiL laWS shalt ongmate In the House of Delegate~, to be Laws shall origj.
app,rove'd.'or rejected by the Senate, or to be amende.d wIth ~he nllteinthe Honse
· ~9h~e.~'~f tl~e House of Delegates,.except money bIlls, whIch ?f~o~l~~~:; b~~::
· .' In no mstance shall be altered by the Senate, but wholly ap- amendable by the
,.< pt9.:vedor rej eeted. '. .' Senllte.
. .' 9.' A GOVE~NOR, or Chief MagIstrate, shall be chosen anmt- Governor, how
ally, by joint ballot of both Houses, to be taken in each HQuse chose?, 1l!eth~1 of
~ - ~es.p.~cti~e!y, deposited in ~he conference room, the boxes ex- ~~~~Oo~~~rl~at~~I:;
~' ,a~edJomtly by a..Comnllttee of each Hous~, and the num- hissalaryaI?-dpow.
· bel'S severally reported. to tl,lem, that the appomtments may be ers; rcstr~lIled
, .' J~,n,~p~~! (w~ich shall be the mode of taking ~he j~int ballot of~~~~;~~~:~~~~s
k,bptb: Rouses 1ll all cases~) who shall not contmue In that office ill certaill cases.
r~~ief~h~~J~.reeyears successively, nor be eligible until the
explr~h~~ of:fQur years after he shall have been out of that
~fti.c:e. cAn:.~equ.ate, but moderate salary, shall be settled on
· J:\lnra~ri.ng Nscontinuimce in office; and he shall, with the
'. adyiceofa.Counci~ of ~tate, exercise t~le executive powers of
,government accordmg to the laws of tIllS commonwealth; and
" shall not, under any pretence, exercise any power or preroga-
. tive by virtue of any law, statute, or custom, of England: J3ut
. he shall, with the advice of the Council of State, have the
" power of granting reprieves or pardons, except where the pro-
· , secutionshaH have been carried on by the House of Delegates~
· .01' the law shall otherwise particularly direct; in which cases,
'~no reprieve or pardon shall be granted, but by resolve of the
: House of DeleO'ates. .
~I 10. ErrHER 1io~se of the General Assembly may adjourn When he rna
; themselves respectively. The Governor shall not proroo-ue o or con.mke the ~en.
.' adjourn the Assembly during their sitting, nor dissolve them ernl Assembly.
~atany tiTne; but he shall, if necessary, either by ad"ice of the
':-. '. Council of State, or on application of a majority of the House
;: of Delegates, ca~l them before the time to which they shall stand
, prorogued or adjourned. ;J

r,,~ , 11.' A PHlYY Council or C~u!1cir of State, consisting of eight Privy Conncil, .
.': members,.shall be chosen by JOInt ballot of both Houses of As- l1umbel' of; then'
sembIi', either from their own members or the people at large duty, Pfowfficr, ami
. . th 1" t t' f . , term 0 0 ICC.
to aSSIst In e ac ml!1ls r.a IOn 0 government. !hcy shall an-
t: nually choose out of theIr own members a PreSIdent, who, in
..-. case of the death, inability, or necessary absence of the Gover-
· .nor from the government, shall act as Lielitenant Governor.
.~ Fourmembers shall be sufficient to act, .and their advice and
;,.proceedings shall be entered of record, and signed by the mem-
i bel'S present (to any part whereof any member mav enter bis
. dissent) to be laid before the General Assembly, wilen called
. -. for by them. This Council may appoint their own clerk, who
'<~hall have a salary settled by law, and take an oath of secrecy
1Il such n;attel's ashe shal~ be directed by the Board to conceal.

\ctn lious-ton Regionst UQrcU) i. '. A $Ulll 01 money appropnated to that purpose shaH be divided
Research Center
FM RD 1011
P,O, Box 310
\ iherty. Tx 77575
,... ..

36 Constitution rif ·Virginia.


A. D. 1776, annually :unong the members, in proportion to their at.tendance ;
A. R. C. 1.
L-y--J and they shall be incapable during their continuance in office, '
or 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.
Delegates to Con- 12. THE Deleo;ates for VirlJ'in'ia to the Continental Congress
grcss how chosen 1 II
, b
' 81a be chosen annually, or ~superseded III
, .
the mean tIme •
by
joint b,lllo~ of both Houses of Assembly.
JHilital'y regula- IS. THE present militia officers shall be continued, and va-
tions. '
cancles supplied by appointment of the Governor, with the
advice of the Privy Council, or 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 misbehaviour 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.
Courts of ApRcals, 14. THE two Houses of Assembly shall, by joint ballot,
Gcneral, ot Ch~n- appoint judges of the Supreme Court of Appeals, and General
ecry, Rnd Adml- C·
ralty, judgcs of; ourt, J u dges .m Ch. ancery, J U(lges
1 f Ad . 1
0 . , mlra ty,
Secretary,
Sccretm')', :md At. and the Attorney General, to be cOlnmlsslOned by the Gover-
tome)' G~ncraJ, nor, and continue in ofilce during good behaviour. In case of
~~I~.::;~P~tt~~~IU_death, incapacity, or resignation, the Governor, with the advice
dcd with s'omc of the Privy Council, shall appoint persons to succeed in office,
othe.rs, t!'om thc to be approved or displa.ced by both Houses. These officers
~~~~;l~~:~ and 'shall have ~xed and ,allequate salaries,a.?(~, together with. all
others holdmg lucratIve offices, and all Mimsters of the Gospel
of every denomination, be incapable of being elected members
I . of either House of Assembly, or the Privy Council.
I Connties, In.sticcs 15. THE Governor, with the advice of the Privy Cou.ncil,
,I
.. J of, how ap.romtr~?; shall appoint Justices of the Peace tor the counties; and in
I shall appom t then' " f '
clcrks, recom- Cd.se 0 vacancIes,. . :t
~r a neceSSl y 0
f 'mCI"easlD~
. 0' tl Ie num ber.
,I mend sheriffs and hereafter, such appomtments to be made upon the recommen-
eoron~l's. to be dation of the respective County Courts. The present acting
eomnmslOllcd by S t ' V' .. I k' f' II tl e t C ourts,
Executive; and ap- \ecre iUY. III ,trgt?~Ul., anll C er s, 0 a . 1e .oun y
;J

point constables. s:1all contmue III olhce. In case of vacanCIes, eIther by death,
incapacity, or resiO'nation, a Secretary shall be appointed as
.i before directed, and the clerks by the respective courts. 'rhe
~ ;
I
present and future clerks shall hold theiroffices during good
behaviour, to be judged of and detel:mined in the General
COclrt. The Sheriffs and Coroners sha.ll be nominated by the
respective courts, app'roved by the Governor, with the advice
of the Privy Coullcil, and commissioned by the Governor.
The Justices shall appoint constables, and all fees of the afore-
said officers be regulated by law.
16. THE Governor, when he is out of office, and others of-
f~llding against the sta.te, either by mal-administration, corrup-
tIon, or other means by which the safety of the state may be . . ~
. endangered, shall be impeachable by the House of Delegates. :~,)m t'lOlJston Regwilal UUlai)
Impeachmcllts. Such impeachmen t to be prosecuted by the Attorney General, Research Center
01' such other person or persons as the" House may appoint, in IP.O. FM RD 1011
Bo~ 310
\ibertv. Ix 71515
"Constitution oj Virginia. 37

jlie.ri~~~iai 'c6uij).-a'ri~~1-d;i~~to the laws of t~le land. If found A.R.C.!.


A. D. 1776.
,~i!ty,'he}i.r thef~~lIl~~b~;'e~~her for ever (hsabled. to hold an~ "---y-J
',lOffice'underg.Q:ven:1V:i~)lt;\?r re!IlO\Ted from ~uch ofilce pro tem,
0" ~~;;or~'~~bJ~~~~:!,fSUch~a:Insor penaltIes as the law shall
, ~)i~ ~b" iI:~~i~~.!JY~(~~~e' Judges of the General Court, shall, Impeachments.
'1)D ~ ~uhi\S;~rto ~e~ Judged of by the Hous~ of Dele~ates)
: ne.ad=tus~· '<>f any'ofthe,cnmes. or ?ffences befor~-I)lenhoned,
" 81u:\ifBOuse' Qf·DeleO"~tes may, In hke. manner, Impeach the
,. :stf4ger~)tido-es 'so ,a~cjlse~; to be p~?secuted in the ~ourt ?f
,~ : .A;ppe~s;.::a~~. ~~ '?r~hey, If~OUll(~ guIlty, shall. be pUnIshed 111
- i.,t~e 8ame:ina~ner:asls prescrIbed In the precedmg cla~se.
:, C,,', :Hk;Co::t.t::MISS*ONS and gra~ts shall run In the name of the Commissions, .
. -c6MlIfONW~AL.tfl'of VIRGINIA, and bear test by the Governor, gmnts and wrlts,_
'<witlithe"seafof~theComD1onwealth annexed. Writs shall run ~~{;~t~~~t~e~to7:~
'~ii(the slull~~riia.iuier, and bear test ,by the clerks of the several clusion of. ~
.,Mllrts:;"' Iildictmentsshall conclude, .Ilgainst the peace mId
: tligi1#y:oLth'e(Jomnwnwealth. . ..
, . : 19~" TR~ASP:RER shall be appomted annually, by Jomt bal- TreaSUl·el..
:-lc)fof bOth:Houses:' '.,,' , " ,
_.-' :00: Ar;;'~c~eats, ,p¢nalties, and forfeitures, heretofore going ~scheat~,. pelUlI-
to ,tgeKing,.$lyill:go,to,:th~Commonwealth, save only such as ties, forfeitures,
th~(I.;egi~~ature,'J!i:a.r\ab~~~shfOx: ,othei'wise provide for.
2J:~1)IE ter~·~torles c~htitined within the charters erecting TCl'ritoriallimits;
the colonies ,of J/Earyla'ial; Pennsylvania, North and S01.uh- ce~sion. to,co-t~r-
,,,~aro
r.r l"' '" de d,. re'I ease d
tna, ,l:\.re' Iler,eby ce d t 'or ever con fi nnetI rlltUJ'(~
,an mmOllSO-OVCl'Il-
states,
'to: the people of those colonies respectively, with all the rights !Dents ~vcst of
'0[' property, ju:isdict.ion, and gover~ment, and. all other rights Mount Allc~heny
whatsoever, whIch m,JO'ht at any tune heretofore have been I~ow to bc cS,taL-
· db'
CI aime ,y '17" ". b
,. trgtn1,a,excep t tt.,ie firee naVIgatIOn
'.. annJ use 0 [hohed.
the rivers Potowmac and Poho1noke, with the property of the
'Virginia shores, or strands bordering on either of the said
rivers, and all improvements which have been or shall be made
thereon~, 'rhe western and northern extent of Virginia shall
in,all oth~r 'respects stand as fixed by the charter of King
James the first, mthe year one thousand six hundred and nine,
,and'by thepublic treaty of peace between the Courts of G1'eat-
Britain and France, in the year OIle thousand seven hundred
and sixty-three ; unless, by act of Legislature, one or more
~ITitories shall hereafter be laid off, and governments estab-
lIshed westward of the Allegheny mountains. And no pur- No purchases
chase of lall.ds shall be made of the India:n. natives, b.. .lt on be- f~1)m India!l na-
Falf of th~ public, by authority of the General Assembly.''!<- ~~~~ic~ut lor re-

, .. The territory of Virginia, grnnted by the charters of King James I., was very
-extensive; see chartel's of April 10, 1606. ~ 4. Of May 25, 1600, ~ 0. Of March
12. 1611-12. ~ 4. 1 Hen. st. at large, p. 58. 88. 100, The first charter :mthn-
i'ised a company to plant a colony in Vil'ginia or America :my where between
~o, and 410. N. latitude; and granted for that purpose, ali the tel'I'itorv, extend-
mg'from the first seat of -the plantation, 50 En~lish St.'!tnte miles to the \Vest and
S,VV:est, anrl ~O miles to the East and N. East 01' North, along the sea coast, and
runnn,lg back lr0D! t?at line o.f coa~t, 100 miles into the main land, with the islanrls
o~po~l~e to and WIthin 100 mIles 01 tJle coast. Under this chartel', the colony of
Vlrgtl1Ja was planted, The second charter granted the Vil'o-jnia company a m'uell
,:rger.telTitory, extending from [old] Point Comfort, 200 ~liJcs to the So:lth, all(l
_~O mtles to the N ol'th, along the Atlantic coast, anI! thence, a breadth of qOO
S.:110 !1·0ustol1 ReglolllH LIDlal) ~ miles, t? the ~Vest and ~Ol·th West, quite through the (,ontinent, to the coast of
the PaClfic, With nil the isJ:mds 01lposite to and within 100 miles of both coasts.
Research Canter
FM RD 1011
P.O, Box 310
liberty, Tx 77575
. . ...... f ~'.-~.. ~
'.

S8 Constihdion rf YiTgillia.
A. D. 1776. 22. IN order to introduce this government, Lhe repl'csenta- .
A. R.C. 1.
tives of the people met in Convention shall choose a Governor
"----v--J and Privy Council, also such other officers directed to be
chosen by both Houses as may be jmlged necessary to be im-'
mediat.elyappointed. The Senate to be first chosen by the'
people, t.o continue until the last clay of .llI'm·ch next, and the
other officers until the end of the succeetlin~ session of As-
sembly. In case of vacancies, the Speaker of
either House'
shall issue writs for new elections.*'
And the third granted the comp!\ny, the islands within 300 leagues of both coasts~.t
The extensive territol-Y granted by these charters, was· I'educed before the I'eva- ,
Julion, by the chwters granted to, other colonies, and by the treaty of 1763, be•.
tween France and Great-Britain, referred to in this article of the constitution;
and, since the revolution, by the cession of the territory N. "Vest of tJ1C Ohio .to
tile United States, and the erection of Kentucky into a separate state. The
boundaries of Viq~-il1ia have also been adjusted on all sides; see post, c. 5. 15. 16.
17. 18. 19.20.21.
.. As to the foem of the Colonial government, fOi' which this constitution was
substituted,. see 1 Chart. ~ 7. 8. 15. 1 Hen. st. at lar. p. 60, 1, 4. Royal instr1le-
ti01l..~ for the government of the Colony, Ibid. p. 67. 75. 2 Chart. !fl 8. 9. 10, 11.
12. 13. 14. 15. 23. Ibid. p. 89, 90, 1, 2, 5. 3 Chm't: § 6.7. 8. Ibid. p. 102, 3.- .
By the ath Section of the second charter and the 8th of the third, the power of .
eSlablishillg' a form of government and ma\>istracy for the Colony, was vested in
the council and general court of the Virgimacompany in England j which, On the
24th July, 1621, ordained a form of government accordingly; whereby the pow-
er's of the Colonial government were vested in a governor and council of l>tate,
appointed by the company in England and holding during its pleasun~, and a.
honse of burgesses, two from every town, hundred and particular plantation, to
be respectiyely chosen by the inhabitants; :md this council of slate and house of
burgesses formed the Colonial legislature, called the General Assem~ly. The
Colonial govel"Hment was directed to conform, in legislation and jurisprudence,
to the English government and laws; and it was provided, that no law 01' oedi-
nance made by the General Assembly, should be valirl. ulJle~s ratified. by the
general conrt. of the company in England, and returned. so ratified under its seal.
See this Constitutiun, and the commission and instl"1.lcti01M to the fi1'st governol'
under it, 1 Hen. st. at lar. p. 110. 113. 114. In 1624, the crown suppressed the
I, Virginia company by proclamation, lind resumed the powers granted to the com-
" pany; but the form of governm.ent it had given the Colony,rernained in substance
unchanged. It appears, that the const.itution of the colonial government was
amended by Georg-e 1. and instructions were given by f:eorge II. to the governo!"
Lorcl Albemarle, for the regulation of the government Rccording to the amended
constitution: but these papers are not to be found. The King always retained the
control over the colonial laws, ami even exercised the llower of suspending and
repealing them j powers, often exercised capl'iciously, always complained of as a
grievance, sometimes disputed, ami at length assigned as one of the causes of the
I'evolution ; llee 5 Hen. st. at lar. 452. This royal prerogative had a most im-
portant influence on the legislation of the Colouial government. COlUlties 01'
shires wel'e fil'st established in 1634. 1 Hen. st. at lar. fl. 224. It seems from
Iml" ancient records, that at first,' in practice, neither the towns, hundreds and
plantations, while they were represented, nor the counties, after the bUl'gcsses
were elected fi-om them, were restricted to tlUO or any fixed number of bur-
gesses. In 1645, the number was limited to four for each county, except .fames
City, which was allowed five, besides one for Jamestown, the seat of govermuent;
j 1 Hen. st. at 1m'. p. 299. Afterwards, particular parishes, and then all parishes,
11 were allowed to send one or two burgesses; Ib-id. 250. 277. 421. In l(j60~ the
number of bUl'gesses was limited to two for each county and one for JRmestown
i j1i in J:llues City eQlUlty, with like privilege to every county, that would layout 100

i'l acres of land, and people it with 100 tythenble persons; 2 Ibid.jl. 20. 106.-
The 7lh mticle of the present constitution,. prO\'ides that the right of s1tJfl'ajre
for membel's of both houses of Jlssembly, shaY, remain as exercised at present.

:~ By the constitution of July 1621, above cited, the rig·lIt oj suffrage was given to
d,e inhab-itants; afterwards, it seems, only freemen were allowed to vote; 1 Ibid.
fl. 333,4. then only housekeepers; Ibid. p. 41~ then allfreemen again, Ibid. p.

~.m
40;;. 475. then ".fi'eeholders and hou.sekeepers, who only are answerable JOI'
levies;" 2 Ibid. 280. then, by Bacon's laws, all freemen again; .Ibid. 356. But
1677, the H:ing instructed the Governor, that the membess of Assembly should be
. Houston Roglonal Lib/Ii) ilected by./l·eelwlders only; lbi~. p. 4,25. In 1684, it :vas resolved, that all ~en·
~~eseatCh Center ants fur liJe had an undoubted nght of s·ujfrage; 3 Ibid. 26. In 1699, the right
~&M RD 1011
.\:.0. Box 310
'!:iberty, Ix 77575
i~1
39

';:',:~~.~ 6:<-
A. D. 1783.
e.s.
A. R.
~
,~~~tl!S o[:this State in Cong1"eSS, to
'S,tlUes in, Co~ess asse71tb!ed, all}he
-'onwealth"to the .Te1",.ito1'Y ~ urth 1'1 est-
~~i\I~)::' ~.'." .
~~ ,.'·..rFig~.ed·Dec~mber 20, 1783,J
~ .0. _" .... ~ ~

it~A;';ti;':~9~gr~is,ofthe~nitedStates did, bJ their Preamblt>.


. ~si~iJi.:.4ay.oLlSeptentber. In the year one thousa~d
;titiilpieqan~:eightY;'re~~Hilmend to the se,,~ral States ~n
:4i~ii/~~YiYg~l~i,~ '? waste. ah~ unapproprJa~ed lands In
.,., M~§~tnfJ~tJ:n.ttYJ,·;a: liberal c~sslOn to the Dmted States,
.
--1f.'~.:lltl'tt.«t~;.()! tJ1~rr:~e8pective clauns for the common benefit
·9f,Uie;UD1~m·. ...• "',
", . -, :ANb!:w:tie~a:~lU8~C~)lrimon,":ealth did, on the second ~ay of
~,:~·,tb~yearOne.thousand seven hundred and elght):-
~"mr' .bfMihe]~Ojire'Ss ·9f the United States, for the benefit
. e .·SU(J':~#_·~_·<~·~lr.:·iightJ 1i~le>' and claim, which the ~a.id
onw ·attli Juid.. W tlie:·terntory North-west of the nver.
, . ." hb.i-ect~.- . .» ;'e '.' c~nditfO~8 annexed to the said· act of
'~"~ioii),~~> " , ,,-": ~ .. - '. , '.
'.' : ·.S.. ~~ ·.wJijr~d ,f.ti(~,V~it:ed. States In Congress assembled,
4i~v~; ~y:: ~~~i~ :1-~t.of\!1!.~thirteenth of Septernber last, ~tipu-.
J:8;~d, 'tlieJ~~t.~s"'plJ..:which they agree to accept the ceSSIOn ot
, .' :tJll,8·'S~l~~:8IjO.~·~!~he Legislature approve thereof, ~~hich term~,
'" .J~~g~:. tliey dO'R9tcome:fully up to the proposItIOns of thIs
pomJfionwe:alth, are conceIved on the whole,' to approach so
... ~~ii:~~·th.em, as to induce ,this.s~te ~o accept. thereof, in full
. :~on~dence.-thatCongress WIll, In JustIce to thIS State for the
'tiJ>:eritlcession she hath' made, earnestly press upon the other
,,:S#~s ~l~ming large tracts of waste and uncultivated territory,
. ~,'~~~~;'w~::~~~~~tqjreeholders (excluding women, infants, and l'ccusants
. '~Yi~)resid~nt in ~e.'l:~pectiv~ counties and towns; Ibid. p. 238. In 1736,
:t.he:J,'l!:fut,,9f;!iuffrage was confined to fredwlders of an hundred acres of unseltle.c.l
, land '(It: ·t~ehiy.five acres of improved land, and all freeholdcl's in towns, but
.'with a,iight to vote, oilly in the county where the land or the gt'eater part of it
hly t iJr Ibi,d. 475, 6. The city of Williamsburg and thc bOI·ough of .Norfolk were
aJ.lQwell a'~presentative, by their charters, by which the right of mffrage of the
,eiti'l;~ns'and burghers was regulatt.'d, but afterwards somewhat nalTowed by law;
E.rb~ 1769. p.l22. 287. It seems, that till 1723, ./i'ee negroe3, indians, and -mu.-
'lti.tto.es.. might vote at elections; but by the acts of that year, c. 4. § 23. Edl, 1733.
.p. 8M-, they were disqualified; and that particular section of the act was not re-
, p~~,though the rest of it was by royal proclamation ill 1724. Edi.. 1769. p. 15.
note~(l\). Edi. 1752. p. 103. By the act of 1769. c. 1, the quantity of unilll-
.. prove~ land, necessary to qualify a freeholder to vote, was reduced to'flfty aCr~s;
blJ.t·tbi~ act was suspended until the royal approbation should be siO'uified ault
'1l\lch approb~tion was never signified. 1'he onlillance of the' convent~1I of 775 i
'p~()viding for the election of delegates to the convention of 1776, e:;.tendcd th;
hght oj mtjf-rage to free white men, inhabitants of Fincastle and \V cst Au\"usta
in pOssession of the requisite quantity of land, and claiming freeholds tb~rein:
though t}1ey should have obt.1i.ncd uo patents 01' legal titles to theil' hmds,-Thus
stood the right of sltjfrage wheri the constitution was adoptcd. By the act of
17~5, c. 55. § 2. the qnaliticatioJ;! of the ft'eeholder in respect to the quantity of
Ulll~l)l'Ol'ed land was reduced fi·om 100 loa 50 acres; the legislatul'C eithcr ri~­
,gardmg the act of 1769, as eftl:ctual, notwiLhstantlilig the want of the rOYal
U!'sent; or, perhaps, consi(jering that while the principle of freehold qualifica-
';dtn Houston Regional &.iblal) ill tIon was preserved, u change as to the (lUaU tit " of lalld was consIstent with th',;
Research Center constitution. " •
FM RD 1011
P.O. Bo)( 310
Liberty. Tx 77575

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