Page:Cambridge Modern History Volume 7.djvu/270

 238 Virginia Bill of Rights. [me "that all men are by nature free and independent, and have certain inherent rights, of which, when they enter into society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoy- ment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."" The second article declares that all power is vested in and derived from the people, and that magistrates are their trustees and servants. The third, that government is or should be for the common benefit, pro- tection and security of the people, nation, or community; and that when it fails of its purpose, the people may of inalienable right reform, alter, or abolish it. The fourth, that public service alone should be the consideration of emoluments or privileges from the community, and that office should not be hereditary. The fifth, "that the legis- lative 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 burdens 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 elec- tions, in which all or any part of the former members are to be again eligible or ineligible, as the laws shall direct." The sixth, that election of members of the legislature ought to be free; that all men having evidence of sufficient interest with and attachment to the community should have the right of suffrage ; that men should not be taxed or deprived of their property for public use without their own consent or that of their representatives, or bound by any law to which they have not thus assented. The seventh, that power of suspending or executing laws by any authority without consent of the representatives of the people ought not to be exercised. The eighth, that in criminal trials the accused should have the right to know the nature of the accusation, to be confronted by the witnesses, to have evidence in his own favour, and a speedy trial by an impartial jury of twelve men of his vicinage; and "that no man should be deprived of his liberty except by the law of the land or the judgment of his peers." The ninth, that excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The tenth, in effect, that general search-warrants should not be granted. The eleventh, "that in controversies respecting property, and in suits be- tween man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred." The twelfth, "that the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments." The thirteenth, that a well- regulated militia should be maintained; that standing armies in time of peace should be avoided, and that the military should always be subordinate to the civil power. The fourteenth, that the people have