the same, sealed up, and sent by them to the clerk of that house of which
the person was returned a member, without delay: and the depositions
taken as aforesaid, shall be by the clerk of the house, respectively, delivered
to the speaker thereof, to be committed with the petition of the party com-
plaining, and shall be received and read as evidence upon the hearing there-
of ; subject, however, to the exceptions of the opposite party.
24. Subpoenas for witnesses shall be issued by the clerks of the courts
of the counties, cities, towns or boroughs, upon the application of either
party ; and the witnesses shall be entitled to the same allowance, be privi-
leged from arrests, and be subject to the like penalties, as witnesses attend-
ing the county courts.
25. It shall be lawful to hold a separate poll to choose an elector or elec-
522 ADDENDA TO THE GAZATEER, &c.
tors for president and vice-president of the United States in any county of
this state, at such place or places, as now, or may hereafter be prescribed
for holding a separate poll or polls for the election of members of the gene-
ral assembly : And the persons qualified according to law to vote for mem-
bers of the general assembly of this state, shall assemble at the place or
places directed for holding such separate poll or polls, on the first Monday in
November in every fourth year, according to the provisions of the act, entitled
"an act to reduce into one act the acts now in force providing for the ap-
pointment of electors to choose a president and vice-president of the United
States," passed February the eighteenth, eighteen hundred and twenty-three
26. If from death, sickness or other cause, the returning officer, herein
before designated, in any case of a senatorial election, or in any case of an
election of a delegate for an election district, shall be unable to attend for
the purpose of comparing the polls, and making the returns at the time
and plac« prescribed by law, then such duties, and all other duties conse-
quent thereupon, shall be performed in the following manner, that is to
say : If the sheriff, being the proper returning officer, shall have died,
then the duties aforesaid shall be performed by his successor, if any there
be ; if there be no successor, then by the coroner of the county ; if such
sheriff be sick, or otherwise unable to attend, the said duties shall be per-
formed by such of his deputies as he shall appoint for that purpose ; or if
he have no deputy, by the coroner. If the deputy sheriff, being the proper
returning officer, shall have died, or be unable to attend, the said duties
shall be performed by the high sheriff, or by deputy. If a mayor, being
the proper returning officer, shall have died, or be unable to attend, the
said duties shall be performed by his successor, if any there be ; if none,
by the recorder; if no recorder, then by the senior alderman capable of at-
tending. If a recorder, being the proper returning officer, shall have died,
or be unable to attend, the said duties shall be performed by the mayor, if
any ; if none, by the senior alderman capable of attending. Tf a magis-
trate or alderman, being the proper returning officer, shall have died, or be
unable to attend, the said duties shall be performed by the magistrate or
alderman next in seniority, and capable of attending. And if there shall
be no person hereby authorised, who shall be able to attend and perform
the said duties, then the clerk of the county, city, town or borough, as the
case may be, shall be bound in all things promptly to perform the duties
27. The election of members of the house of representatives of the con-
gress of the United States, shall continue to be held in the manner, and ac-
cording to the principles prescribed by the laws now in force in relation
thereto; except that all persons now authorised to vote for members of the
house of delegates, shall hereafter be allowed to vote in such elections; and
except also, that the said elections shall be held in the several counties,
cities, towns, and boroughs, on their respective court days in the
month of August of the present year, and on their respective court days in
the month of April, in the year eighteen hundred and thirty-three; and
also, on their respective court days in the month of April, in every second
year thereafter; and except also, that the officers holding and conducting
such elections for members of congress shall, before such election com-
mences, take an oath to conduct the election fairly, in the like form with
that prescribed by the twelfth* section of this act, to be taken by the sheriff
or _other officer conducting elections of members o f the general assembly.
*The section referred to is the eleventh.
RATIFICATION OF THE CONSTITUTION. 523
The Ratification of Virginia to the Constitution of the United States.
We, the delegates of the people of Virginia, duly elected, in pursuance
of a recommendation of the General Assembly, and now met in conven-
having fully and fairly investigated and discussed the proceedings of the
federal convention, and being prepared as well as the most mature deliber-
ation will enable us, to decide thereon, do, in the name and behalf of the
people of Virginia, declare and make known, that the powers granted
under the constitution being derived from the people of the United States,
may be resumed by them whensoever the same shall be perverted to their
injury or oppression, and that every power not granted thereby, remains
kvith them and at their will : that therefore no right, of any denomination, can
be cancelled, abridged, restrained or modified by the Congress, by the
Senate, or House of Representatives, acting in any capacity, by the presi-
lent, or any department or officer of the United States, except in those
instances where power is given by the constitution for those purposes : that
among other essential rights, the liberty of conscience and of the press,
cannot be cancelled, abridged, restrained or modified by any authority of
the United States :
With these impressions, with a solemn appeal to the Searcher of hearts
for the purity of our intentions, and under the conviction, that, whatsoever
imperfections may exist in the constitution, ought rather to be examined in
the mode prescribed therein, than to bring the union into danger by delay,
with a hope of obtaining amendments previous to the ratification :
We, the said delegates, in the name and in behalf of the people of Vir-
ginia, do, by these presents, assent to and ratify the constitution, recommend-
ed on the 17th day of September, 1787, by the federal convention for the
government of the United States ; hereby announcing to all those whom
it may concern, that the said constitution is binding upon the said people^
according to an authentic copy hereto annexed, in the words following;
A Declaration of Rights made by the Representatives of the People of
Virginia, assembled and held at the Capitol in the City of Williams-
burg, in full and free Convention — lohich rights do pertain to them
and their posterity as a basis and foundatioji of Government.
(Agreed to nem con, June, 12th, 1776.)
I. That there are certain natural rights, of which men, when they form
a social compact, cannot deprive or divest their posterity; among which
are the enjoyment of life and liberty, with the means of acquiring, possess-
ing, and protecting property, and pursuing and obtaining happiness and
II. That all power is naturally vested in, and consequently derived from,
the people ; that magistrates, therefore, are their trustees and agents, and at
all times amenable to them.
III. That government ought to be instituted for the common benefit, pro-
tection, and security of the people ; and that the doctrine of non-resistance
against arbitrary power and oppression, is absurd, slavish, and destructive
to the good and happiness of mankind.
IV. That no man or set of men are entitled to exclusive or separate pub-
lic emoluments or privileges from the community, but in consideration of
524 DECLARATION OF RIGHTS.
public services; which not being descendable, neither ought the offices of
magistrate, legislator, judge or any other public offices to be hereditary.
V. That the legislative, executive, and judiciary powers of government
should be separate and distinct: and, that the members of the two first may
be restrained from oppression by feeling and participating the public bur-
dens, they should at fixed periods be reduced to a private station — return
into the mass of the people; and the vacancies supplied by certain and
regular elections : in which all or any part of the members to be eligible
or ineligible, as the rules of the constitution of government, and the laws
VI. That elections of representatives in the legislature ought to be free
and frequent : and all men, having sufficient evidence of permanent com-
mon interest with, and attachment to, the community, ought to have the
right of suffrage ; and no aid, charge, tax, or fee can be set, rated or levied
upon the people, without their own consent, or that of their representatives
so elected, nor can they be bound by any law, to which they have not in
like manner assented for the public good.
VII. That all power of suspending laws, or the execution of laws, by
any authority without the consent of the representatives of the people, ill
the legislature, is injurious to their rights, and ought not to be exercised.
VIII. That in all capital and criminal prosecutions, a man hath a right
to demand the cause and nature of his accusations ; to be confronted with
the accusers and witnesses : to call for evidence, and be allowed counsel in
his favor ; and to a fair and speedy trial, by an impartial jury of his vicin-
age, without whose unanimous consent, he cannot be found guilty (except
in the government of the land and naval forces); nor can he be compelled
to give evidence against himself.
IX. That no freeman ought to be taken, imprisoned, or disseized of his
freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in
any manner destroyed or deprived of his life, liberty, or property, but by
the law of the land.
X. That every freeman, restrained of his liberty, is entitled to a remedy,
to enquire into the lawfulness thereof, and to remove the same, if unlawful;
and that such remedy ought not to be denied or delayed.
XI. That in controversies respecting property, and in suits between rnan
•and man, the ancient trial by jury is one of the greatest securities to the
rights of the people, and ought to remain sacred and inviolable.
XII. That every freemen ought to find a certain remedy of recourse to
the laws for all injuries and wrongs he ma} T receive in his person, property,
or character. He ought to obtain right and justice freely without sale, com-
pletely and without denial, promptly and without delay, and that all estab-
lishments or regulations, contravening these rights, are oppressive and unjust.
XIII. That excessive bail ought not to be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
XIV. That every freeman has a right to be secure from all unreasonable
searches, and seizures of his person, his papers, and property; all war-
rants, therefore, to search suspected places, or seize any freeman^ his papers,
or property, without information upon oath (or affirmation of a person reli-
giously scrupulous of taking an oath) of legal and sufficient cause, are
grievous and oppressive, and all general warrants to search suspected
places or to apprehend any suspected person without specially naming or
describing the place or person, are dangerous and ought not to be granted.
AMENDMENTS TO FEDERAL CONSTITUTION. 525
XV. That the people have a right peaceably to assemble together ta
consult for the common good, or to instruct their representatives : and that
every freeman has a right to petition, or apply to the legislature for redress
XVI. That the people have a right to freedom of speech, and of writ-
ing, and publishing their sentiments ; that the freedom of the press is oqe
of the greatest bulwarks of liberty, and ought not to be violated.
XVII. That the people have a right to. keep and bear arms ; that a wellr
regulated militia, composed of the body of the people trained to arms, is
the proper, natural, and safe defence of a free state. That standing armies
in time of peace are dangerous to liberty, and therefore ought to be avoided,
as far as the circumstances and protection of the community will admit j
and that in all cases, the military should be under strict subordination to,
and governed by, the civil power.
XVIII. That no soldier in time of peace ought to be quartered in any
house, without the consent of the owner, and in time of war in such man-.
ner only as the laws direct.
XIX. That any person religiously scrupulous of bearing arms, ought
to be exempted upon payment of an equivalent to employ another to beai;
arms in his stead.
XX. That religion, or the duty which we owe to our Creator, and the
manner of discharging it, can be directed only by reason and conviction,
not by force or violence, and therefore all men have an equal, natural and
unalienable right to the free exercise of religion according to the dictates
o,f conscience, and that no particular religious sect or society ought to be.
favored or established by law in preference to others.
Amendments to the Federal Constitution recommended by Virginia^
I. T nat each State in the Union shall respectively retain every power^
jurisdiction, and right, which is not by this constitution delegated to the.
congress of the United States, or to the departments of the federal govern-
II. That there shall be one representative for every thirty thousand in-
habitants, according to the enumeration or census mentioned in the consti-
tulion, until the whole number of representatives amounts to two hundred;
after which, that number shall be continued or increased as congress shall
direct, upon the principles fixed in the constitution, by apportioning the
representatives of each state to some greater number of people from time to.
time, as population increases.
III. When congress shall lay direct taxes or excises, they shall immedi-
ately inform the executive power of each state, of the quota of such state,
according to the census herein directed, which is proposed to be thereby
raised ; and it the legislature of any state shall pass a law, which shall be
effectual for raising such quota, at "the time required by congress the taxes
and excises laid by congress shall not be collected in such state.
IV. That the members of the senate and house of representatives shall
be ineligible to, and incapable of holding any civil office under the author-
ity of the United States, during the time for which they shall respectively
526 AMENDMENTS TO FEDERAL CONSTITUTION,
V. That the journals of the proceedings of the senate and house of
representatives shall be published at least once in every year, except such
parts thereof, relating to treaties, alliances, or military operation, as, in their
judgment, require secrecy.
VI. That a regular statement and account of the receipts and expendi-
tures of all public money shall be published at least once in every year.
VII. That no commercial treaty shall be ratified without the concurrence
of two-thirds of the whole number of the members of the senate ; and no
treaty, ceding, contracting, or restraining, or suspending the territorial
rights or claims of the United States, or any of them — or their, or any of
their rights or claims to fishing in the American seas, or navigating the
American rivers, shall be made, but in cases of the most urgent and ex-
treme necessity ; nor shall any such treaty be ratified without the concur-
rence of three-fourths of the whole number of members of both houses
VIII- That no navigation laws or law, regulating commerce, shall be
passed without the consent of two-thirds of the members present in both
IX. That no standing army, or regular troops, shall be raised or kept
up in time of peace, without the consent of two-thirds of the members pre-
sent in both houses.
X. That no soldier shall be enlisted for any longer term than four years,
except in time of war, and then for no longer a term than the continuance
of the war.
XI. That each state respectively shall haA^e the power to provide for
organizing, arming, and disciplining its own militia, whensoever congress
shall omit or neglect to provide for the same. That the militia shall not
be subject to martial law r , except when in actual service, in time of war,
invasion or rebellion : and when not in the actual service of the United
States, shall be subject only to such fines, penalties, and punishments as
shall be directed or inflicted by the laws of its own state.
XII. That the exclusive power of legislation given to congress over the
federal town and its adjacent district, and other places, purchased or to be
purchased by congress, of any of the states, shall extend only to such
regulations as respect the police and good government thereof.
XIII. That no person shall be capable of being President of the United
States for more than eight years in any term of sixteen years.
XIV. That the judicial pow T er of the United States shall be vested in
one supreme court, and in such courts of admiralty, as congress may, from
time to time, ordain and establish in any of the different states : the judi-
cial power shall extend to all eases in law and equity, arising under treaties,
made, or which shall be made, under the authority of the United States ;
to all cases affecting ambassadors, other foreign ministers 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 more
states, and between parties claiming lands under the grants of different
states. In ail eases affecting ambassadors, other foreign ministers and con-
suls, and those in which a state shall be a party, the supreme court shall
have original jurisdiction; in all other cases before mentioned, the supreme
court shall have appellate jurisdiction, as to matters of law only : except
m cases of equity, and of admiralty and maritime jurisdiction; m^which
the supreme court shall have appellate jurisdiction both as to law and fact,
RECOMMENDED BY VIRGINIA. 527
with such exceptions and under such regulations as the congress shall
make : but the judicial power of the United States shall extend to no case
where the cause of action shall have originated before the ratification of
this constitution ; except in disputes between states about their territory ;
disputes between persons claiming lands under the grants of different
states ; and suits for debts due to the United States.
XV. That in criminal prosecutions, no man shall be restrained in the
exercise of the usual and accustomed right of challenging or excepting to
XVI. That congress shall not alter, modify, or interfere in the times,
places, or manner of holding elections for senators and representatives, or
either of them, except when the legislature of any state shall neglect, re-
fuse, or be disabled by invasion or rebellion to prescribe the same.
XVII. That those clauses which declare that congress shall not exer-
cise certain powers, be not interpreted in any manner whatsover to extend
the power of congress; but that they be construed either as making excep-
tions to the specified powers where this shall be the case, or otherwise as
inserted merely for greater caution*
XVIII. That the laws ascertaining the compensation o( senators and
representatives for their services, be postponed in their operation, until after
the election of representatives immediately succeeding the passing thereof;
that excepted, which shall first be passed on the subject.
XIX. That some tribunal other than the senate be provided for trying
impeachments of senators.
XX. That the salary of a judge shall not be increased or diminished
during his continuance in office, otherwise than by general regulations of
salary, which may take place on a revision of the subject at stated periods
of not less than seven years, to commence from the time such salaries shall
be first ascertained by congress.
And the convention do, in the name and behalf of the people of this
commonwealth, enjoin it upon their representatives in congress, to exert
all their influence, and use all reasonable and legal methods to obtain a
ratification of the foregoing alterations and provisions in the manner pro-
vided by the fifth article of the said constitution ; and in all congressional
laws to be passed in the mean time, to conform to the spirit of these amend-
ments as far as the said constitution will admit.
Extract from the journal,
John Beckley, Clerk of Convention,
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