Virginia Constitutional Convention, draft, July 5, 1776, of the Virginia Constitution
CWF Rockefeller Library Special Collections. SCMS2000.41
#106 1776, July 5
Constitution of Virginia
" The Constitution or form of Govern
-ment - agreed, upon.. By the Delegates
& Representatives of the several counties
and Corporations of Virginia. In a
General Convention held at Williamsburg,
on the 6th of May & Continued by adjournm
-ents until the 5th July 1776
___________________________________
We the Delegates & Representatives of the
good people of Virginia do declare the
future form of Government of Virginia
to be as followeth..
The Legislative, the Executive, & Judiciary
shall be separate & distinct so that
neither shall execute 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 the Assembly.
The Legislature shall be formed of two
Separate & distinct Branches who togeth
-er shall be a distinct complete Legislature.
They shall meet once or oftener every
Year & shall be called the General
Assembly of Virginia. One of them
shall be called the House of Delegates
And shall Consist of 2 Representatives
to be chosen for each County annually
of Such men as actually reside in
& are freeholders of the same or duly
qualified according to Law & also of
one Delegate or Representative to
be chosen annually from the City
of Williamsburg & one for the Borough
of Norfolk & a Representative for
each of such other Cities & Boroughs
as may Hereafter be allowed particular
Representation by the Legislators.
When any City or Borough shall so
decrease as that the number of persons
having the right of Suffrage therein
shall have been for seven Years in
Succession less than half the number
of voters in some one County in Virga
such City or Borough shall then ___
cease to send a Delegate or Repre
sentative to the assembly._____
The other shall be called the Senate
& consist of all members of whom
13 shall constitute a house to proc
-eed on business; for whose election
the different Counties shall be divided
into 24 Districts & each County
of the respective District at the
Time of the election of its Delegates
shall Vote for one Senator who is act
ually a resident & freeholder in the
District or duly Qualified by Law
& is upwards of 25 Years of age.
And the Sheriffs of each County
within 5 Days of farthest after
the last County election in the District
shall meet at some convenient place
& from the poll so taken in their
respective Counties return as a
senator the man who has the
greatest number of Votes in the whole
District. __ To Keep up this assembly
by rotation the Districts shall Be
equally divided into 4 Classes & number'd
by Lot. After the end of one year
after the general election the six numbers
elected by the 1st Division shall be disp-
laced & the vacancies thereby occasioned
supplied form'd such Classes or Division
by new election in manner aforesaid~.
This rotation shall be applied to each
Division according to its number &
Continued in div order annually -
The right of suffrage in the election
of members for either House shall _
remain as exercised at present &
each House shall Choose its own
speaker appoint its own officers __
settle its own rules & proceedings &
direct writs of election for supplying
Intermediate vacancies. _________
All Laws shall orriginate In the
House of Delegates to be approved of
or Rejected in the Senate or to be am
-ended in the house of Delegates, except
money Bills which in no Instance
shall be altered By the Senate, But
wholly approved or rejected._____
A Governor or Chief magistrate
Shall be chose annually By Joint
Ballot of both houses of assembly
To be taken in each House respectively
Deposited in the Conference room
the Boxes examined Jointly by a
Committee of each House & the num
-bers 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 office more than 3 Years successively
nor be eligible until the expiration
of 4 years after he shall have been
Out of office. An adequate But
Moderate Sallary shall be settled on
him during his continuance in
office & he shall with the advice
of the Council of State exercise the
Executive power of Government
according to the Laws of this Comm-
onwealth & shall not under any
pretense exercise any power or pre-
rogative 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 & pardons, except
when the prosecution shall have
been carried on by the house of Del
-agates or the Law shall otherwise
particularly direct; in which Cases
no reprieve or pardon shall be
granted but by resolve of the House
of Delagates. __ Either house of the
General Assembly may adjourn them
-selves respectively. The Governor
shall not prorogue or adjourn the
assembly during their setting nor
dissolve them at any time. But he
shall, if necessary wither by advice
of the Council of State or upon
application of a majority of Votes
of the House of Delegates call them
Before the time to which they shall, ~
stand prorogued or adjourned.
A privy Council or Council of State
Consisting of 8 members shall be Chosen
by joint Ballot of both houses of
the Legislature either from 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 Death resignation inability
or absence of the Governour shall
act as Lieutnt Governour.
Four members shall be sufficient to
act & their advice & proceedings shall
be entered on record & sign'd By the
members present to any part whereof
any member may enter his Dissent
to be Laid Before the General Assbly
when called for by them. This council
shall appoint their own clerk, who
shall have a Sallary settled by Law &
take an oath of secrecy in such mat
ters as he shall be directed, by the
board to conceal. A Sum of money
appropriated for that Purpose shall
be divided annually among them
In proportion to their attendance
And they shall be incapable during
their continuance in office of sitting
in either House of Assembly ___
2 members shall be removed by Joint
Ballot of both Houses of the Legislat
ure at the end of every 3 Years these
vacancies as well as those occasioned
by death or Incapacity shall be sup
plied by new election In the same
manner. The Delegates from Virga
to the Continental Congress shall be
chosen annually or superceeded in
the mean time by joint ballot of
both Houses of assembly. ________
The present militia officers, shall be
Continued & Vacancies supplied by, -
appointment of the Governour, with
the advice of the privy council, upon
recommendation of the respective
county Courts. But the Governor
& council shall have power of sus
pending any officer & ordering a
Court Martial upon 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
& when embodied shall alone have
the direction of them. The 2 houses
of assembly shall by Joint ballot
appoint Judges of the Supreme court
of appeals & general Court Judges
in Chancery. Judges of Secretary
admiralty & the attorney General to
be commissioned by the Governor
& continued in office during good
Behavior In Case of Death Inab
-ility & resignation the Governor with
the advice of the privy Council _
shall appoint Persons to succeed
In office to be approv'd of or
rejected by both Houses of assembly
Those officers shall have fixed
& adequate sallaries & together with
all others officers holding Lucrative
offices & all ministers of the Gospel
of every Denomination be Incapable
of being elected members of either
House of the Legislature or the privy
Council. The Governour with the
advice of the privy council shall
appoint Justices of the peace
For the Counties & the Case of Vacan
cies, or a necessity of increasing
the number hereafter such appointm
ents to be made upon recommendation
of, the respective County Courts,
The present acting secretary In Va
& Clerks of the County Courts shall
Continue in office during good beha-
viour In Case of Vacancies by death
resignation or Incapacity a secretary
shall be appointed as before directed
& the Clerks of the respective C Courts
the present & future Clerks shall
hold their offices during good behaviour
to be judg'd of & determined in
the general Court. The sheriffs
& Coroners to be nominated by
the respective Courts approved of
by the Governour with the advice
of the privy Council & Commission'd
by the Governour. The Justices shall
appoint Constables & all fees of
the aforesaid officers regulated by
Law. ___ The Governour when he
is out of office & others offending
against the state either by Malad-
ministration Corruption or other means
By which the safety of the State
May be endangered, shall be impeach
able by the House of Delegates, such
Impeachment to 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 either for
ever be disabled to hold any office
under the Government, or be remov'd
from such office pro Temper, or,
subjected to such pains & penalties
as the Law shall direct.
If all or any of the Judges of the
General Court shall upon good Ground
To be judged of by the House of ___
Delegates, be accused of any of the Crimes
or offences abovemention'd such house
of Delegates may in like manner imp
each the Judges so accused to be
prosecuted: in the House Court of appeals
& he or they if found Guilty shall
be punished In the same manner
as is prescribed in the preceding Clause
Commissions & Grants shall run
in the name of the Commonwealth
of Virginia & Bear Teste by the
Governour with the Seal of the
Commonwealth annexed writs shall
Run In the same manner & bear
Teste by the Clerks of the several
Courts Indictments shall conclude
against the peace & Dignity of the
Commonwealth.
A Treasurer shall be appointed
annually by both houses of Assembly
All escheats penalties, & forfeitures
Hereafter going to the King shall go
to the Commonwealth save only such
as the Legislature may abolish or other
-wise provide for. The Territories conta
-ined in the Charter erecting the Colon
ies of Maryland, Pennsylvania & N
Carolina are hereby released ceded &
forever confirmed to the people of
those Colonies respectively with
all the property Jurisdiction & Govern
-ment & all other rights whatsoever
which might at any time have heretofore
Claimed by Virginia except the
free navigation of the rivers Potomac
& Poocomoke with the property of
the Virginia shores & strands
Bordering on either of those rivers
& all Improvements which have
been or shall be made therein
The western & northern extent of
Virginia shall In all other respects
shall stand as fixed by the Charter
of King James the 1st In the one
thousand six hundred & nine, &
by the public treaty of peace between
the Courts of England & France In
the Year 1763 Unless by act of
this Legislature, one or more Govern
ments be established west of the
Allegany & no purchases of Lands
shall be made of the Indian
Nations but on behalf of the
public by authority of the G. Assembly
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The State of Virg'a Ratified th__
Federal Constitution on the 25th
Day of June 1788, by a ___
majority of 10 Votes
