and radicalism of the majority of the Convention were eliminated, and a Constitution adopted which, in point of conservatism and in its adaptation to the conditions for which it was framed, does not suffer by comparison with any of its predecessors. The Conservative members of the Convention had builded better than they knew; but the benefit of their work was secured to the people of Virginia, and a way of escape from military government provided by the statesmanship of Mr. Stuart, who, in organizing the "Committee of Nine" and devising the measures, which, with the assistance of Col. Baldwin and the other members of the committee, he carried to a successful issue, rendered the State a service, the great value of which has not been recognized and appreciated as it deserves.

The government went into operation under the new Constitution on the 26th of January, 1870.

The Constitution has been six times amended by the people, and the amendments are incorporated in the Constitution as given in the following pages.

Preamble.-Except two or three immaterial, and perhaps unintentional verbal changes, the preamble is, through the first paragraph, the same as the preamble of the Constitution of 1830; through the third paragraph to the words "and the same having been submitted, &c.," the same as that of the Constitution of 1851; and through the fourth paragraph to the words “the delegates, so assembled, did, &c.," the same as that of the Constitution of 1864. The conclusion of the fourth paragraph and the whole of the fifth paragraph are new; and the last paragraph is the same as the last paragraph of the preamble of the Constitution of 1851, except that the words "invoking the favor and guidance of Almighty God" were inserted by the framers of the present Constitution.

The preamble of the first Constitution, to which the greatest historical interest attaches, was drawn by Jefferson, and the Declaration of Independence, which it antedates, is closely assimilated to it. Except the verbal changes referred to, it has been reproduced in the same form at every revision.

The preamble of the present Constitution is as follows:

Whereas, the delegates and representatives of the good people of Virginia, in convention assembled, on the twenty-ninth day of June, in the year of our Lord one thousand seven hundred and seventy-six, reciting and declaring that, whereas George the Third, king of Great Britain and Ireland and elector of Hanover, before that time entrusted with the exercise of the kingly office in the government of Virginia, had endeavored to pervert the same into a detestable and insupportable tyranny, by putting his negative on laws the most wholesome and necessary for the public good; by denying his governors permission to pass laws, of immediate and pressing importance, unless suspended in their operation for his assent, and when so suspended, neglecting to attend to them for many years; by refusing to pass certain other laws, unless the persons to be benefited by them would relinquish the inestimable right of representation in the legislature; by dissolving legislative assemblies repeatedly and continually, for opposing with manly firmness his invasions of the rights of the people; when dissolved, by refusing to call others for a long space of time, thereby leaving the political system without any legislative head; by endeavoring to prevent the population of our country, and for that purpose obstructing the laws for naturalization of foreigners; by keeping among us, in time of peace, standing armies and ships of war; by affecting to render the military independent of and superior to the civil power; by combining with others to subject us to a foreign jurisdiction, giving his assent to their pretended acts of legislation for quartering large bodies of armed troops among us; for cutting off our trade with all parts of the world; for imposing taxes on us without our consent; for depriving us of the benefit of the trial by jury; for transporting us beyond the seas for trial for pretended 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, burning our towns, and destroying the lives of our people; by inciting insurrection of our fellow-subjects with the allurements of forfeiture and confiscation; by prompting our negroes to rise in arms among us— s-those very negroes whom, by an inhuman use of his negative, he had refused us permission to exclude by law; by endeavoring to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions of existence; by transporting hither a large army of foreign mercenaries to complete the work of death, desolation and tyranny, then already begun, with circumstances of cruelty and perfidy unworthy the head of a civilized nation; by answering our repeated petitions for redress with a repetition of injuries; and finally, by abandoning the helm of government and declaring us out of his allegiance and protection; by which several acts of misrule the government of this country, as before exercised under the crown of Great Britain, was totally dissolved-did, therefore, having maturely considered the premises, and viewing with great concern the deplorable condition to which this once happy country would be reduced unless some regular, adequate mode of civil policy should be speedily adopted, and in compliance with the recommendation of the general congress, ordain and declare a form of government of Virginia:

And whereas, a convention held on the first Monday in October, in the year

one thousand eight hundred and twenty-nine, did propose to the people of this commonwealth an amended constitution, or form of government, which was ratified by them;

And whereas, the general assembly of Virginia, by an act passed on the fourth of March, in the year one thousand eight hundred and fifty, did provide for the election, by the people, of delegates to meet in general convention, to consider, discuss, and propose a new constitution, or alterations and amendments to the existing constitution of this commonwealth; and by an act passed on the thirteenth of March, in the year one thousand eight hundred and fiftyone, did further provide for submitting the same to the people for ratification or rejection; and the same having been submitted accordingly was ratified by them;

And whereas, the general assembly of Virginia, by an act passed on the twenty-first day of December, in the year one thousand eight hundred and sixtythree, did provide for the election, by the people, of delegates to meet in general convention, to consider, discuss, and adopt alterations and amendments to the existing constitution of this commonwealth, the delegates so assembled did, therefore, having maturely considered the premises, adopt a revised and amended constitution as the form of government of Virginia;

And whereas the Congress of the United States did, by an act passed on the second day of March, in the year one thousand eight hundred and sixty-seven, and entitled "An act to provide for the more efficient government of the rebel States," and by acts supplementary thereto, passed on the twenty-third day of March, and the nineteenth day of July, in the year one thousand eight hundred and sixty-seven, provide for the election, by the people of Virginia qualified to vote under the provisions of said acts, of delegates to meet in convention to frame a constitution or form of government for Virginia in conformity with said acts; and by the same acts did further provide for the submitting of such constitution to the qualified voters for ratification or rejection;

We, therefore, the delegates of the good people of Virginia, elected and in convention assembled, in pursuance of said acts, invoking the favor and guidance of Almighty God, do propose to the people the following constitution and form of government for this commonwealth.

ARTICLE I.

BILL OF RIGHTS.

"When, on the 15th of May, 1776, the Convention of Virginia instructed their delegates in Congress to propose to that body to declare the united colonies free and independent states, it, at the same time, appointed a committee to prepare a declaration of rights and such a plan of government as would be most likely to maintain peace and order in the Colony and secure substantial and equal liberty to the people. On subsequent days the committee was enlarged; Mr. George Mason was added to it on the 18th. The declaration of rights was on the 27th reported by Mr. Archi

bald Cary, the chairman of the committee, and, after being twice read, was ordered to be printed for the perusal of members. It was considered in committee of the whole on the 29th of May and the 3d, 4th, 5th and 10th of June. It was then reported to the House with amendments. On the 11th the Convention considered the amendments, and, having agreed thereto, ordered that the declaration (with the amendments) be fairly transcribed and read a third time. This having been done on the 12th, the declaration was then read a third time and passed nem con. A manuscript copy of the first draft of the declaration, just as it was drawn by Mr. Mason, is in the library of Virginia.” 1849, p. 32.

Code of

This declaration in its original form was retained at the revision of 1830, but, at the revision of 1851, sections 7, 8, 10 and 13, according to the present numbers, were amended, the remaining sections being re-adopted without change. The declaration as thus amended was re-adopted at the revision of 1864. Changes, both by addition and amendment, were made by the framers of the present Constitution, and it was incorporated into the Constitution, instead of being prefixed to it, as formerly. In 1894 the 10th section was amended by the people.

Where it is not otherwise stated, the several sections of the Bill of Rights, as given below, were parts of the Bill in its original form, and have not been changed at any of the revisions or by amendment. The changes, whether made in 1851 or 1869, or by amendment, are all noted. The caption, which immediately follows, has been retained at every revision, in its original form:

A Declaration of Rights made by the representatives of the good people of Virginia, assembled in full and free convention; which rights do pertain to them and their posterity as the basis and foundation of government.

1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

The equality intended by this section is equality of rights, not equality of political privileges. Such privileges when this section

was originally adopted were exclusively in the possession of freeholders. "Our forefathers were wise and practical men. They were neither political speculatists, nor dreamy enthusiasts. They did not strive for an impossible equality, such as had never existed in any society where men have ceased to be equally savage or equally wretched. They did not seek to establish a government theoretically perfect, but, guided by the light of experience, it was their aim to found institutions under which their descendants, secured in the enjoyment of life, liberty and property, might be free, prosperous and happy so long as they possessed the wisdom and virtue essential to the preservation of their glorious heritage." Keith, P., in Smoot v. Building Association, 98 Va. 686.

A law denying a land-owner a remedy for trespass by cattle on lands not enclosed by a lawful fence is not invalid, as an unconstitutional interference with "the means of acquiring and possessing property." Poindexter v. May, 2 Va. S. C. Rep. 142.

2. That this state shall ever remain a member of the United States of America, and that the people thereof are part of the American Nation, and that all attempts, from whatever source or upon whatever pretext, to dissolve said union or to sever said nation are unauthorized, and ought to be resisted with the whole power of the state.

This and the following section were inserted by the Convention which framed the present Constitution. They merely define the relations of the State to the Union and the Federal Government.

3. That the constitution of the United States, and the laws of Congress passed in pursuance thereof, constitute the supreme law of the land, to which paramount allegiance and obedience are due from every citizen, anything in the constitution, ordinances, or laws of any state to the contrary notwithstanding. See note on preceding section. Compare Art. 6, sec. 2, U. S. Const., which is as follows: as follows: "This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

4. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.