Pages 92-107 
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| Pages 92-107
| Pages 130-151
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Edmund Pendleton, esq. president. | |||
 ORDINANCES, &c. CHAP. I.* | ||||
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| [ Unanimously adopted June 12, 1776.] | ||||
| 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 possession property, and pursuing and obtaining happiness and safety. | Inherent rights. | |||
| 2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them. | Power of the people. | |||
| 3. That government is, or ought to be, instituted for the common benefit, protection, and security, of the | Of the objects of government. | |||
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| * None of the ordinances of this convention are distinguished by chapters in the original, and the Declaration of Rights is the only instrument which is separated by articles or sections. |
| people, nation, or community; of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration; and theat whenever* any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right, to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal. | Best form. Unalienable right to reform, or abolish. |
| 4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of publick services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary. | Of exclusive privileges. |
| 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 oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct. | Powers of the government to be separate and distinct.
Frequent elections. |
| 6. That elections of members to serve as representatives of the people, in assembly, ought to be free, and that all men, having sufficient evidence of permanent common interest with, and attachment to , the community, have the right of suffrage, and cannot be taxed or deprived of their property for publick uses without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the publick good. | Free elections. Right of suffrage. Security of property. |
| 7. That all power of suspending laws, or the execution of laws, by any authority without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. | Of suspending laws. |
| 8. That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favour, and to a speedy trial by an impartial jury of his vicinage, without | Criminal prosecutions rights of accused. |
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| * "When" in Chan. Rev. p. 33. |
| whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land, or the judgment of his peers. | |
| 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. | Bail, fines, and punishments. |
| 10. That general warrants, whereby any* officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted. | Of general warrants. |
| 11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred. | Trial by jury. |
| 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotick governments. | Freedom of the press. |
| 13. That a well 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, should be avoided, as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power. | Of the militia; standing armies; Subordination of military to civil power. |
| 14. That the people have a right to uniform government; and therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof. | Uniform government. |
| 15. That no free government, or the blessing of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles. | 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 reason and conviction, not by force or violence, and therefore all men are equally entitled to the free exercise of religion, according to the dictates | Religion. |
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| * "An" in Chan. Rev. p. 33. |
| of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity, towards each other. | Toleration. | |
| CHAP. II* | ||
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| [Unanimously adopted June 29, 1776.] | ||
| I. WHEREAS George the third, king of Great Britain and Ireland, and elector of Hanover, heretofore intrusted with the exercise of the kingly office in this government, hath endeavoured to pervert the same into a detestable and insupportable tyranny, by putting his negative on laws the most wholesome and necessary for the publick good: | Preamble, reciting instances of royal misrule | |
| By denying his governours 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 benefitted 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 endeavouring to prevent the population of our country, and, for that purpose, obstructing the laws for the naturalization of foreigners: | ||
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| * In the original, the Constitution is not marked by a chapter, nor is it separated by articles or sections. This was first done in the Chancellor's Revisal, edit. 1785. |
| By keeping among us, in times* of peace, standing armies and ships of war: | |
| By affecting to render the military independent of, and superiour to, the civil power: | |
| By combining with others to subject us to a foreign jurisdiction, giving his assent to their pretended acts of legislation: | |
| For quartering large bodies of armed troops among us: | |
| For cutting off our trade with all parts of the world: | |
| For imposing taxes on us without our consent: | |
| For depriving us of the benefits of trial by jury: | |
| For transporting us beyond seas, to be tried for pretended 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 insurrections of our fellow subjects, with the allurements of forfeiture 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 endeavouring to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions of existence: | |
| By transporting, at this time, a large army of foreign mercenaries, to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy unworthy the head of a civized [civilized] nation: | |
| By answering our repeated petitions for redress with a repetition of injuries: | |
| By which several acts of misrule, the government of this country, as formerly exercised under the crown of Great Britain, is TOTALLY DISSOLVED. | Former government dissolved. |
| II. We therefore, the delegates and representatives of the good people of Virginia, having maturely considered the premises, and viewing with great concern | Another declared. |
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| * "Time" in Chan. Rev. p. 34. |
| the deplorable condition to which this once happy country must be reduced, unless some regular adequate mode of civil polity is speedily adopted, and in compliance with a recommendation of the General Congress, do ordain and declare the future form of government of Virginia to be as followeth: | |
| III. The legislative, executive, and judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the other, nor shall any person exercise the powers of more than one of them at the same time, except that the justices of the county courts shall be eligible to either House of Assembly. | Legislative, executive, & judicial separated, with an exception. |
| IV. The legislative shall be formed of two distinct branches, who, together, shall be a complete legislature. They shall meet once, or oftener, every year, and shall be called the GENERAL ASSEMBLY OF VIRGINIA. | Legislature; general assembly, formed of two branches, to meet once a year, or oftener. |
| V. One of these shall be called the HOUSE OF DELEGATES, and consist of two representatives to be chosen for each county, and for the district of West Augusta, annually, of such men as actually reside in and are freeholders of the same, or duly qualified according to law, and also one delegate or representative to be chosen annually for the city of Williamsburg, and one for the borough of Norfolk, and a representative for each of such other cities and boroughs as may hereafter be allowed particular representation by the legislature; but when any city or borough shall so decrease as that the number of persons having right of suffrage therein shall have been for the space of seven years successively less than half the number of voters in some one county in Virginia, such city or borough thenceforth shall cease to send a delegate or representative to the assembly. | House of delegates; its members, how qualified, by whom, and how
chosen. When a corporation's right to representation shall cease. |
| VI. The other shall be called the SENATE, and consist of twenty four members, of whom thirteen shall constitute a House to proceed on business, for whose election the different counties shall be divided into twenty four districts, and each county of the respective district, at the time of the election of its delegates, shall vote for one Senator, who is actually a resident and freeholder within the district, or duly qualified according to law, and is upwards of twenty five years of age, and the sheriffs of each county within five days at farthest after the last county election in the district, shall | Senate; number of members, how qualified, by whom, and how chosen. |
| meet at some convenient place, and from the poll so taken in their respective counties return as a Senator the man who shall have the greatest number of votes in the whole district. To keep up this Assembly by rotation, the districts shall be equally divided into four classes, and numbered by lot. At the end of one year after the general election, the six members elected by the first division shall be displaced, and the vacancies thereby occasioned supplied from such class or division, by new election, in the manner aforesaid. This rotation shall be applied to each division, according to its number, and continued in due order annually. | Rotation, in senate. |
| VII. * The right of suffrage in the election of members for† both Houses shall remain as exercised at present, and each House shall choose its own speaker, appoint its own officers, settle its own rules of proceeding, and direct writs of election for supplying intermediate vacancies. | Right of suffrage; each house to choose its speaker and officers, and issue writs for supplying vacancies. |
| VIII. All laws shall originate in the House of Delegates, to be approved or rejected by the Senate, or to be amended with the consent of the House of Delegates; except money bills, which in no instance shall be altered by the Senate, but wholly approved or rejected. | Laws to originate in house of delegates; but, if not money bills, amendable by senate. |
| IX. A Governour, or chief magistrate, shall be chosen annually, by joint ballot of both Houses, to be taken in each house respectively, deposited in the conference room, the boxes examined jointly by a committee of each house, and the numbers severally reported to them, that the appointments may be entered (which shall be the mode of taking the joint ballot of both Houses in all cases) who shall not continue in that office longer than three years successively, nor be eligible until the expiration of four years successively, nor be eligible until the expiration of four years after he shall have been out of that office. An adequate, but moderate salary, shall be settled on him during his continuance in office; and he shall, with the advice of a Council of State, exercise the executive powers of government according to the laws of this commonwealth; and shall not, under any pretence, exercise any power or prerogative by virtue of any law, statute, or custom, of England: But he shall, with the advice of the Council of State, have the power of granting reprieves or pardons, | Governor, how chosen, method of balloting in this and other cases; his salary & power; restrained from granting reprieves or pardons in certain cases. |
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| * The word "That" commences this article in the Chan. Rev. p. 34, and the other printed copies fo the Constitution, which were taken from that, but it is not in the original. | |
| † "of" in Cha. Rev. p. 34. |
| except where the prosecution shall have been carried on by the House of Delegates, or the law shall otherwise particularly direct; in which cases, no reprieve or pardon shall be granted, but by resolve of the House of Delegates. | |
| X. Either House of the General Assembly may adjourn themselves respectively. The Governour shall not prorogue or adjourn the Assembly during their sitting, nor dissolve them at any time; but he shall, if necessary, either by advice to the Council of State, or on application of a majority of the House of Delegates, call them before the time to which they shall stand prorogued or adjourned. | When he may convoke the general assembly. |
| XI. A Privy Council, or Council of State, consisting of eight members, shall be chosen by joint ballot of both Houses of Assembly, either frm their own members or the people at large, to assist in the administration of government. They shall annually choose out of their own members a president, who, in case of the death, inability, or necessary absence of the Governour from the government, shall act as Lieutenant-Governour. Four members shall be sufficient to act, and their advice and proceedings shall be entered of record; and signed by the members present (to any part whereof any member may enter his dissent) to be laid before the General Assembly, when called for by them. This Council may appoint their own clerk, who shall have a salary settled by law, and take an oath of secrecy in such matters as he shall be directed by the board to conceal. A sum of money appropriated to that purpose shall be divided annually among the members, in proportion to their attendance; and they shall be incapable, during their continuance in office, of sitting in either House of Assembly. Two members shall be removed by joint ballot of both Houses of Assembly at the end of every three years, and be ineligible for the next three next years. These vacancies, as well as those occasioned by death or incapacity, shall be supplied by new elections, in the same manner. | Privy council, number of; their duty, power, & term of office.
Their pay. |
| XII. The delegates for Virginia to the Continental Congress shall be chosen annually, or superseded in the mean time by joint ballot of both Houses of Assembly. | Delegates to congress, how chosen. |
| XIII. The present militia officers shall be continued, and vacancies supplied by appointment of the Governour, with the advice of the Privy Council, or recommendations | Military regulations. |
| from the respective county courts; but the Governour 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 Governour may embody the militia, with the advice of the Privy Council; and, when embodied, shall alone have the direction of the militia under the laws of the country. | |
| The two Houses of Assembly shall, by joint ballot, appoint Judges of the Supreme Court of Appeals, and General Court, Judges in Chancery, Judges of Admiralty, Secretary, and the Attorney-General, to be commissioned by the Governour, and continue in office during good behaviour. In case of death, incapacity, or resignation, the Governour, with the advice of the Privy Council, shall appoint persons to succeed in office, to be approved or displaced by both Houses. These officers shall have fixed and adequate salaries, and, together with all others holding lucrative offices, and all ministers of the Gospel of every denomination, be incapable of being elected member of either House of assembly, or the Privy Council. | Judges of courts, attorney general, &c. how appointed; salaries of; excluded, with those holding lucrative offices and all ministers of the gospel from legislative & executive. |
| XV. The Governour, with the advice of the Privy Council, shall appoint Justices of the Peace for the counties; and in case of vacancies, or a necessity of increasing the number hereafter, such appointments to be made upon the recommendation of the respective county courts. The present acting Secretary in Virginia, and Clerks of all the County Courts, shall continue in office. In case of vacancies, either by death, incapacity, or resignation, a Secretary shall be appointed as before directed, and the Clerks by the respective courts. The present and future Clerks shall hold their offices during good behaviour, to be judged and determined in the General Court. The Sheriffs and Coroners shall be nominated by the respective courts, approved by the Governour, with the advice of the Privy Council, and commissioned by the Governour. The Justices shall appoint Constables, and all fees of the aforesaid officers be regulated by law. | Justices of peace, how appointed. Clerks of courts; and tenure of their office. Sheriffs, coroners. Constables. |
| XVI. The Governour, when he is out of office, and others offending against the state, either by mal-administration, corruption, or other means by shich the safety of the state may be endangered, shall be impeachable by the House of Delegates. Such impeachment to | Impeachments. |
| be prosecuted by the Attorney-General, or such other person or persons as the House may appoint in the General Court, according to the laws of the land. If found guilty, he or they shall be either for ever be disabled from such office pro tempore, or subjected to such pains or penalties as the law shall direct. | |
| XVII. If all, or any of the Judges of the General Court, shall, on good grounds (to be judged of by the House of Delegates) be accused of any of the crimes or offences before-mentioned, such House of Delegates may, in like manner, impeach the Judge or Judges so accused, to be prosecuted in the Court of Appeals; and he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause. | Impeachments. |
| XVIII. Commissions and grants shall run, In the name of the COMMONWEALTH of VIRGINIA, and bear test by the Governour with the seal of the commonwealth annexed. Writs shall run in the same manner, and bear test by the clerks of the several courts. Indictments shall conclude, Against the peace and dignity of the commonwealth. | Commissions grants and writs, style and test of. Indictments, conclusion of. |
| XIX. A treasurer shall be appointed annually, by joint ballot of both Houses. | Treasurer, how appointed. |
| XX. All escheats, penalties, and forfeitures, heretofore going to the king, shall go to the commonwealth, save only such as the legislature may abolish, or otherwise provide for. | Escheats, penalties, forfeitures. |
| XXI. The territories contained within the charters erecting the colonies Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and for ever confirmed to the people of those colonies respectively, with all the rights of property, jurisdiction, and government, and all other rights whatsoever which might at any time heretofore have been claimed by Virginia, except the free navigation and use of the rivers Potowmack and Pohomoke, 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. The western and northern extent of Virginia shall in all other respects stand as fixed by the charter of king James the first, in the year one thousand six hundred and nine, and by the publick treaty of peace between the courts of Great Britain and France in the year one thousand seven hundred and sixty three; unless, by act of legislature, one or more territories shall hereafter be laid off, and governments | Territorial limits; cession to coterminous states; future government west of Mount Allegheny how to be established. |
| established westward of the Allegheny mountains. And no purchase of lands shall be made of the Indian natives but on behalf of the publick, by authority of the General Assembly. | No purchases from Indian natives, but for republic. | |
| XXII. In order to introduce this government, the representatives of the people met in Convention shall choose a Governour and Privy Council, also such other officers directed to be chosen by both Houses as may be judged necessary to be immediately appointed. The Senate to be first chosen by the people, to continue until the last day of March next, and the other officers until the end of the succeeding session of Assembly. In case of vacancies, the speaker of either House shall issue writs for new elections.* | Provisional appointment of officers of government. | |
| CHAP. III. | ||
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| I. BE it ordained, by the delegates or representatives of the counties and corporations in Virginia, now met in convention, that the governor, privy council, members of the general assembly, and officers of government, shall take the oaths herein after prescribed before they shall enter into the execution of their respective offices, in the following manner: | ||
| THE OATH OF THE GOVERNOR. | ||
| II. I A. B. elected governor of Virginia, by the representatives thereof, do solemnly promise and swear, that I will, to the best of my skill and judgment, execute the said office diligently and faithfully according | Oath of governor. | |
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| * Patrick Henry, esq. was elected Governor, and the members of the Privy Council were chosen the same day on which the Constitution was adopted. The session succeeding the last of March next, having adjourned the 28th of May, the term of members of the Council consequently expires on that day. |
| to law, without favour, affection, or partiality; that I will, to the utmost of my power, support, maintain, and defend, the commonwealth of Virginia, and the constitution of the same, and protect the people the people thereof in the secure enjoyment of all their rights, franchises, and privileges; and will constantly endeavour that the laws and ordinances to the commonwealth be duly observed, and that law and justice, in mercy, be executed in all judgments. And lastly, I do solemnly promise and swear, that I will peaceably and quietly resign the government, to which I have been elected, at the several periods to which my continuance in the said office is or shall be limited by law and the constitution. So help me God. | |
| THE OATH OF A PRIVY COUNSELLOR. | |
| III. I A. B. elected one of the privy council of Virginia by the representatives thereof, do solemnly promise and swear, that I will, to the best of my skill and judgment, execute the said office diligently and faithfully according to law, without favour, affection, or partiality; and that I will be faithful to the commonwealth of Virginia, and will support and defend the same, according to the constitution thereof, to the utmost of my power; and that I will keep secret such proceedings and orders of the privy council as the board shall direct to be concealed, unless when the same shall be called for by either house of assembly. So help me God. Which oaths shall be administered, that to the governor, by any four of the privy council, and the other by the governor, on or before the sixth day of this instant July, for which purpose he is required to summon the privy council to attend him at Williamsburg; and until that time the powers of the committee of safety, according to the ordinances of convention, shall continue, and no longer. | Oath of privy councillor. Oaths to be administered to governor & council, on or before the 6th of July, 1776. Powers of Committee of Safety cease. |
| THE OATH OF A SENATOR AND DELEGATE. | |
| IV. I A. B. to solemnly promise and swear, that I will be faithful and true to the commonwealth of Virginia, that I will well and truly demean myself as a senator (or delegate, as the case may be) of the general assembly, to which I have been elected, in all things appertaining to the duties of the same, according to the best of my skill and judgment, and without favour, affection, or partiality. So help me God. Which oath shall be administered by any privy counsellor. | Oath of senator or delegate. |
| THE OATH OF THE SECRETARY, ATTORNEY GENERAL, AND CLERK OF A COUNTY COURT. | |
| V. I A. B. do solemnly promise and swear, that I will be faithful and true to the commonwealth of Virginia, and that I will well and truly demean myself in the office of secretary, (attorney general, or clerk of the county court of , as the case may be) to which I have been appointed, in all things appertaining to the duties thereof, according to the best of my skill and judgment, and without favour, affection, or partiality. So help me God. Which oaths shall be administered, those to the secretary and attorney general by any four of the privy council, and the other by the court of which the officer is clerk. | Oath of secretary, attorney general, and clerk of county court. |
| VI. And every attorney at law shall, before he be permitted to practise in any court, take the following oath before such court: I A. B. do solemnly promise and swear, that I will be faithful and true to the commonwealth of Virginia, and that I will well and truly demean myself in the office of an attorney at law. So help me God. | Oath of attorney at law. |
| VII. And every other person, heretofore required by law to take the oaths of government, now taking instead thereof an oath, before some court of record, that he will be faithful and true to the commonwealth of Virginia, and that he will well and truly demean himself in his office, in all things appertaining to the duties thereof, according to the best of his skill and judgment, and without favour, affection, or partiality, shall be deemed sufficiently qualified to execute his office. | Other oaths of office. |
| VIII. And all members of committees of inspection and observation shall take the like oath, which any two members of such committees respectively are hereby empowered to administer. | Members of committees to take an oath. |
| IX. And whereas doubts may arise concerning the powers of the governour and privy council, to the great injury of the community, in this time of war and public danger: Be it ordained, That, superadded, to the powers given to the governour and privy council by the form of government passed this convention, the governour, with the advice of the privy council, shall have and possess all the powers and authority given to the committee of safety by an ordinance appointing a committee of safety passed at Richmond, July 1775, or by any resolution | Powers of committee of safety, transferred to governor and council. |
| of convention; and also to direct such military movements and operations as, in their judgment, will be necessary for the safety and security of the commonwealth. | ||
| X. Provided always, and be it ordained, That the powers given by the said ordinance and resolutions hereby transferred to the governour and council, and the authority herein also given to direct military movements and operations, shall continue no longer than until the tenth day after the meeting of the next convention or general assembly. | How long to continue. | |
| XI. And be it farther ordained, That Thomas Everard and James Cocke, esqrs. shall be, and they are hereby appointed commissioners, to examine, state, and settle all public accounts referred to them for that purpose by the governour and privy council; each of which commissioners shall be allowed the sum of ten shillings per day for his services therein, until the end of the next meeting of the convention or general assembly. | Commissioners to settle public accounts. | |
| CHAP. IV. | ||
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| WHEREAS, from the commodious situations of many parts of our rivers and bays next to the sea coast, and from experiments made in this country, it is judged that large quantities of salt may be made, as well for our own consumption as for exportation, by which the inconveniences from the want of that article would be speedily removed, and great advantages might be derived both to the trade and revenue of this country; and whereas it is thought that the most certain and expeditious method of making salt will be by erecting proper works in the most convenient and secure places for the reception of salt water, from which, by the operation of the sun, or otherwise, great quantities may be procured: | Preamble. | |
| Be it therefore ordained, by the delegates and representatives of the people, assembled in general convention, |
| and it is hereby ordained by the authority of the same, That there be erected, with all possible despatch, in the several districts hereinafter mentioned, two complete salt works, according to the best and most approved plan, that is to say: In the district between Potowmack and Rappahannock rivers two, between Rappahannock and York two, between York and James rivers two, on the south side of James river two, and also two other works on the eastern shore of this country; and there shall be appointed to the works in each district one director or manager, who shall immediately proceed to erect the same (and for that purpose may take the advice and assistance of any artist in that way) at the public expense. And the said manager or managers shall have full power and authority, from time to time, to hire such hands, and so many of them, as he or they shall judge necessary for completing the said works in the most effectual and expeditious manner; and if the said hands cannot thus be soon and conveniently procured, he or they shall have full power to impress such and so many labourers into the service as shall be judged proper, who shall be allowed such hire as any two or three freeholders in the said district or districts, being first sworn, may think reasonable: Provided, That such manager shall not have power to impress more than one-third of the male labouring tithable slaves belonging to any person upon one plantation; and that, when the said works are completed, no manager or managers shall be allowed longer to impress any hands into the said service, but they shall be hired in the usual way. | Salt works to be erected at the public expense. |
| And be it farther ordained, by the authority aforesaid, That the manager or managers hereinafter appointed, or for the time being, shall provide, from time to time, all things necessary for the said works, and report his or their proceedings therein, to the governour of this country, together with an account of the expense attending the same, when required; and in case of the death of any manager, or the negligence, misconduct, or refusal to render such account from time to time, when required of any of them, the governour shall have full power and authority to appoint another in the room of him so dying, or to displace such manager or managers so neglecting, and to appoint others in his or their stead. And the treasurer of this country shall, and he is hereby | Duty of managers. |
| by required to advance to each of the said managers the sum of five hundred pounds, to enable him the better to prosecute the said work. | |
| And be it farther ordained, That the governour of this country shall, as he may see fit, grant his warrant to the treasurer for the payment of such sums of money as shall be required to complete the said works, and for carrying on the business of salt making. And the salt made at the said works shall be sold by the manager or managers, first to the inhabitants of this country, at the price of five shillings per bushel, and the money arising from such sale paid into the publick treasury, to be disposed of as the convention or general assembly shall direct; and if there shall be made a greater quantity than will be sufficient for the consumption of this country, the overplus shall be disposed of to the best advantage, and the money thence arising be paid into the publick treasury, for the use of this country. But any sale so to be made to the inhabitants, or otherwise, shall be suspended until the next meeting of the assembly, when report shall be made to the same, on the first day of their sitting, by the said managers, of the quantity of salt made at each respective salt work, that a due proportion thereof may be allotted to the different counties; and, in the mean time, the said managers are authorised and required to cause the salt respectively made at the said salt works to be removed to, and stored in, places of safety. And the said managers shall keep regular and distinct accounts of all disbursements upon the said works, and of all profits arising therefrom; and each manager shall be allowed a clerk, with a salary of thirty pounds a year, and the sum of twenty shillings per day until salt is made at the works, and ten shillings a day and one shilling per bushel for all salt he shall make after that time, until the next meeting of assembly or convention, for his own services therein. And they shall, moreover, each of them give bond, with security, for the due application of the money so advanced, and for the performance of the trust reposed in them. | Salt, how disposed of. |
| And be it farther ordained, That Richard Parker, the elder, gentleman, shall be, and he is hereby appointed manager of the works in the district between Potowmack and Rappahannock, Thomas Wood, gentleman, in the district between Rappahannock | Managers. |
| and York river, David Jameson, gentleman, in the district between York and James rivers, John Scasbrooke Wills, gentleman, in the district on the south side of James river, and Southy Simpson, gentleman, on the eastern shore of this country. | |
| And whereas it may contribute greatly towards procuring a speedy supply of so necessary an article, to allow a bounty to private adventurers, Be it therefore ordained, by the authority aforesaid, That there shall be allowed and paid by the treasurer a bounty upon the several quantities of salt herein after mentioned, to each person producing a certificate of his having made the same within six months after the passing of this ordinance, except Mr. James Tait, who hath already received sufficient encouragement, that is to say: for fifty bushels, the sum of fifty shillings; for one hundred bushels, the sum of seven pounds ten shillings; for two hundred bushels, the sum of twenty pounds; and for five hundred bushels, the sum of sixty two pounds ten shillings. The said certificates to be granted by the court of the county wherein such salt shall be made, on proof thereof appearing to them. | Bounty upon salt, to private adventurers. |
| And be it farther ordained, That the several lands whereon it shall be found necessary to erect publick salt works shall, previous to the erecting the same, be valued by three disinterested freeholders on oath, and the amount of such valuation, upon a certificate from the managers of the said works, be paid by the treasurer to the owner or owners of such lands, which shall from thenceforth be vested in the publick, to revert to the proprietor when such works shall be discontinued. | Lands, for erection of salt works, how acquired. |
| And be it farther ordained, That all appointments and powers heretofore given to commissioners for erecting salt works, by virtue of any resolutions of convention, shall henceforth cease. | Power to former commissioners superseded. |
| Provided nevertheless, That the said managers shall, and they are hereby authorised and required to state and settle the accounts of the said commissioners, and to take the hands by them employed for the purposes aforesaid, and also all such materials as may have been contracted for or purchased by them, on the publick account. | |
| And that all proper encouragement may be given to the speedy and effectual supplying the country with salt, Be it farther ordained, That a premium of one | Premium to manager. |
| hundred pounds shall be paid by the publick to that manager who shall make the first two thousand bushels of good salt. | |||
| CHAP. V. | |||
|
[Chan Rev. pa. 37.] | ||
| I. WHEREAS it hath been found indispensably necessary to establish government in this colony, independent of the crown of Great Britain, or any authority derived therefrom, and a plan of such government hath been accordingly formed by the general convention, but it will require some considerable time to compile a body of laws suited to the circumstances of the country, and it is necessary to provide some method of preserving peace and security to the community in the mean time: | Preamble. | ||
| II. Be it therefore ordained, by the delegates and representatives of the people now met in general convention, That the several persons named in the commission of the peace in each county respectively, having in the court of the county taken the following oath, which shall be administered to the first person named who is present by any two of the others, and then by him administered to all the others, that is to say: I A. B. do solemnly swear, that I will be faithful and true to the commonwealth of Virginia; that I will, to the utmost of my power, support, maintain, and defend, the constitution and government thereof, as settled by the general convention; and that I will faithfully execute the office of for the county of and do equal right and justice to all men, to the best of my judgment, and according | Magistrates empowered to act, on taking an oath. |
| to law; shall each, and every of them, have full power to execute the office of a justice of peace, as well within his county court as without, in all things, according to law. | |
| III. And be it farther ordained, That where it shall happen that there is not a sufficient number of magistrates for holding a court in any county already appointed, the governour may, with the advice to the privy council, appoint such and so many magistrates in such county as may be judged proper and necessary. | Vacancies, how supplied. |
| IV. And whereas courts in the district of West Augusta have been hitherto held by writs of adjournment, which writs cannot now be obtained: Be it therefore ordained, That the justices residing in the said district, on taking the same oath aforesaid, shall have the power and authority to hold a court within the said district, on the third Tuesday in every month, at such place as they may appoint, and shall exercise their office, both in court and without, in the same manner as the justices of the several counties are by this ordinance empowered to do. | Justices in West Augusta, how qualified. |
| V. Provided always, That upon complaint made to the governour and privy council against any justice of peace, now in commission, of misfeazance in office, or disaffection to the commonwealth, it shall and may be lawful for the governour, with advice of the privy council, on a full and fair hearing of both parties, to remove such justice from his office, if they shall be of opinion that the said complaint is just and well founded. | Justices, removable by Executive. |
| VI. And be it farther ordained, That the common law of England, all statutes or acts of parliament made in aid of the common law prior to the fourth year of the reign of king James the first, and which are of a general nature, not local to that kingdom, together with the several acts of the general assembly of this colony now in force, so far as the same may consist with the several ordinances, declarations, and resolutions of the general convention, shall be the rule of decision, and shall be considered as in full force, until the same shall be altered by the legislative power of this colony. | Common law of England,& general statutes in aid thereof prior to 4, Jac. 1, in force. |
| VII. Provided always, and be it farther ordained, That all Quitrents and arrears thereof, and all duties, aids, penalties, fines, and forfeitures, heretofore made payable to the king, his heirs and successours, shall be | Quitrents, fines, &c. to enure to commonwealth. |
| and inure to the use of the commonwealth, and all bonds for securing the same shall be made payable to the person or persons having the executive power. | |||
| VIII, And be it farther ordained, That all bonds to be entered into by sheriffs, or other publick officers, and in all other cases, where the same are required by law, shall be made payable to the justices of the court, taking such bond, and, in the names of them or their successours, may be sued and prosecuted at the costs and for the benefit of the publick, or any private person or persons injured by the breach thereof, as often as there may be occasion, until the whole penalty be levied. | Bonds for sheriffs, &c. payable to justices, &c. | ||
| IX. And be it farther ordained, That all the present sheriffs now in office under a commission from the late governour, upon taking the oath before prescribed in the court of their county, shall continue to act, and have all the powers and authorities of sheriff, according to law, until the twenty-fifth day of October next. | Sheriffs continued till 25th October. | ||
| CHAP. VI. | |||
|
[Chan. Rev. pa. 37.] | ||
| I. For the regular election of senators to this convention, at the time the same shall be adjourned to, and that the people may be more equally represented in that branch of the legislature: | Preamble. | ||
| Be it ordained, by the delegates of the counties and corporations of Virginia, now met in convention, and it is hereby ordained by the authority of the same, That the counties of Accomack and Northampton shall be one district; the counties of Princess Anne, Norfolk, and Nansemond, one other district; the counties of Isle of Wight, Surry, and Prince George, one other district; the counties of Dinwiddie, Southampton, and Sussex, one other district; the counties of Brunswick, Lunenburg, and Mecklenburg, one other district; the counties | Counties arranged into districts. |
| of Charlotte, Halifax, and Prince Edward, one other district; the counties of Chesterfield, Amelia and Cumberland, one other district; the counties of Buckingham, Albemarle, and Amherst, one other district; the counties of Pittsylvania and Bedford, one other district; the counties of Botteourt and Fincastle, one other district; the counties of Elizabeth City, Warwick, and York, one other district; the counties of Charles City, James City, and New Kent, one other district; the counties of Henrico, Goochland, and Louisa, one other district; the counties of Hanover and Caroline, one other district; the counties of East Augusta, and Dunmore, one other district; the counties of Gloucester and Middlesex, one other district; the counties of Essex, King William, and King & Queen, one other district; the counties of Lancaster, Richmond, and Northumberland, one other district; the counties of Westmoreland, Stafford, and King George, one other district; the counties of Spotsylvania, Orange, and Culpeper, one other district; the counties of Prince William and Fairfax, one other district; the counties of Frederick, Berkeley, and Hampshire, one other district; and West Augusta, one other district; for every one of which districts one senator shall be chosen by the persons qualified to vote for delegates, who shall be summoned for that purpose by the sheriffs, or, where there is no such officer, by the clerks of the committees of observation and inspection, to meet at the courthouses of their respective counties, or, where there are no courthouses, at some other convenient places, on the second Tuesday in September for the first district, on the second Thursday in Augusta for the second and fourth districts, on the first Thursday in August for the third, sixteenth and nineteenth districts, on the first Monday in August for the eighteenth district, on the fifty Thursday in August for the sixth district; on the first Friday in August for the seventh district, on the first Monday in September for the fifth, eighth, thirteenth, and twenty-first districts, on the fourth Thursday in August for the ninth and eleventh districts, on the first Tuesday in September for the tenth, fifteenth, and twenty-fourth districts, on the first Wednesday in September for the twelfth district, on the third Thursday in August for the twentieth district, on the second Monday in August for the seventeenth district, on the second Monday in | Senatorial districts. Voters, by whom to be summoned. Times of election. |
| September for the twenty-second district, on the second Tuesday in September for the twenty-third district, and on the second Tuesday in August for the fourteenth district. And the sheriffs and clerks of each district, having taken the polls in the manner heretofore used in the election of burgesses, shall within ten days afterwards meet together and return as a senator the man who shall have the greatest number of votes, certifying their own votes in case each candidate shall have an equal number. | Sheriffs and clerks to compare polls, and return senator. |
| II. And for supplying vacancies in the [this] convention, by death, and disqualification of any delegates thereof, Be it farther ordained, by the authority aforesaid, That the president of this convention shall issue warrants to the sheriffs of those counties, the delegates whereof are or shall be dead or disqualified, for the election of other delegates in their room. | Vacancies in convention, how supplied. |
| III. And be it farther ordained, by the authority aforesaid, That each and every senator shall be allowed the like number of travelling days, and the same wages, as are or shall by law be established for burgesses or delegates coming to, attending on, and returning from the general assembly. | Wages and allowances of senators. |
| Pages 92-107
| Pages 130-151
|