THE

CONSTITUTIONAL CONVENTION

-OF

1776.

THIS was one of the most important and conspicuous Conventions ever held in this State, or in the world, whether we consider the momentousness of the issues involved and determined, or the character, ability and talents of the illustrious men who were its members.

The exactions and arbitrary laws and measures of the Crown and British Ministry extended over many years, and were peculiarly burdensome and obnoxious to the people of the Colony of Virginia, whose relations and connections, commercially and socially, with England-that they delighted to call their Mother-were very close and universal. Being chiefly a people who were planters, and possessed of no merchant marine, they were absolutely dependent upon England for the luxuries and many of the necessaries of life. These conditions made the arbitrary and tyrannical legislation, and excise laws and duties imposed by Parliament very oppressive and irritating, and finally caused a revolt, which at first appeared in the mutterings of the people, then in protests and remonstrances; and, in 1776, more than ten years after the beginning of the disaffection, which had then become widespread and unappeasable, resulted in the convening of this celebrated body of representative Virginians, at the old city of Williamsburg, Va., pursuant to the direction of the Committee of Safety of the Colony, under "an ordinance," instituted by the Convention of 1775, which met in old St. John's Church, at Richmond. (9 Hening's St. at Large, p. 54.)

This Constitutional Convention-of 1776-is the most notable that ever met on this Continent. The Colony was, in fact, in open revolt against the royal authorities. Dunmore, the Viceroy, had departed from the Colony more than a year previous to the meeting of this Convention. The people were agitated by conflicting and exciting opinions and passions. The time was ripe for revolution; as the people had been abandoned by the King, declared rebels, and treated as enemies. The Colony had clearly been under the control of the people, through the Committee of Safety, from March, 1775; and the militia had been organized and equipped. The social compact which had united the Monarch with his subjects was at an end; and

the people had the right and authority to establish a government for themselves. The delegates to this famous body gathered, calmly and sedately, and, with becoming dignity and deliberation, proceeded to perform the business assigned them by the ordinance convoking the Assembly, which had been enacted by the Convention of 1775. Even then many hoped that the matters of difference between the Crown and the people would be adjusted. But the time had arrived for action, and on the 15th of May, 1776—nine days after the Convention met-the famous "Preamble and Resolutions' were reported to the Convention from the Committee of the whole House by Colonel Archibald Cary, chairman of the "Committee appointed to prepare a Declaration of Rights and Plan of Government," &c., and unanimously agreed to by the body.

This memorable document was in these words:

"Forasmuch as all the endeavours of the United Colonies, by the most decent representations and petitions to the king and parliament of Great Britain, to restore peace and security to America under the British government, and a re-union with that people upon just and liberal terms, instead of a redress of grievances, have produced, from an imperious and vindictive administration, increased insult, oppression, and a vigorous attempt to effect our total destruction. By a late act, all these colonies are declared to be in rebellion, and out of the protection of the British crown, our properties subjected to confiscation, our people, when captivated, compelled to join in the murder and plunder of their relations and countrymen, and all former rapine and oppression of Americans declared legal and just. Fleets and armies are raised, and the aid of foreign troops engaged to assist these destructive purposes. The King's representative in this colony hath not only withheld all the powers of government from operating for our safety, but, having retired on board an armed ship, is carrying on a piratical and savage war against us, tempting our slaves, by every artifice, to resort to him, and training and employing them against their masters. In this state of extreme danger, we have no alternative left but an abject submission to the will of those overbearing tyrants, or a total separation from the crown and government of Great Britain, uniting and exerting the strength of all America for defence, and forming alliances with foreign powers for commerce and aid in war: Wherefore, appealing to the SEARCHER OF HEARTS for the sincerity of former declarations, expressing our desire to preserve the connexion with that nation, and that we are driven from that inclination by their wicked councils, and the eternal laws of self-preservation:

"Resolved unanimously, That the delegates appointed to represent this colony in General Congress, be instructed to propose to that respectable body to declare the United Colonies free and independent states, absolved from all allegiance to, or dependence upon, the crown or parliament of Great Britain; and that they give the assent of this colony to such declaration, and to whatever measures may be thought proper and necessary by the Congress for forming foreign alliances, and a confederation of the colonies, at such time, and in the manner, as to them shall seem best: Provided, that the power of forming government for, and the regulations of the internal concerns of, each colony, be left to the respective colonial legislatures.' (Journal of Convention, p. 15.)

This bold paper has been designated the first Declaration of Independence in the world's history; and was undoubtedly the precursor of the Great Declaration of July 4, 1776.

The Convention proceeded to organize the militia of the State, to appoint officers, to declare a "Bill of Rights," and to frame and establish a Constitution for the government of the Commonwealth. All of these duties and functions were executed with remarkable fidelity, ability and patriotism. The great "Bill of Rights," proclaimed by this distinguished body, became a muniment of universal celebrity in the annals of Liberty, and immortalized the memories of the members of the Convention. The Constitution framed and adopted by the body remained unaltered, in the main, until the celebrated Constitutional Convention of 1829-30; and became the model and substantial foundation for all the future Constitutions established in the State. It embodied all of the fundamentals of free government, which have been more appreciated by and endeared to the people as the years have passed, and their excellency has been practically demonstrated.

There were a great many remarkable and highly talented men in this historic body. They came from all the spheres of life, but were distinguished for their respectability, wisdom, learning and experience. Many of these gentlemen became celebrities in the Commonwealth, and even in the Nation. Conspicuous among the more famous were: Patrick Henry, Edmund Pendleton, Robert Carter Nicholas, Archibald Cary, Benjamin Watkins, Henry Lee, Thomas Ludwell Lee, George Mason, James Madison, Richard Bland, Richard Cary, Richard Henry Lee, Edmund Randolph, George Wythe, John Blair, George Gilmer, Charles Simms, William Cabell, Paul Carrington, Thomas Read, John Banister, Meriwether Smith, James Scott, James Mercer, Lewis Burwell and Bartholomew Dandidge-all of whom were men of marked ability and exalted character.

The deliberations of the Convention resulted in the formation of a stable government for the State, a clear and masterly declaration of the principles of freedom, and the organization of the army of the Commonwealth, all of which culminated in the successful conduct and termination of the Revolutionary War, and assured the liberty of the people of the State.

Among the remarkable things done by this Convention was to designate, by a resolution, a design for a seal for the new Commonwealth. This was reported by George Mason, chairman of the committee to whom the matter was submitted, on June 5, 1776, and was as follows:

"To be engraved on the Great Seal-Virtus, the genius of the Commonwealth, dressed like an Amazon, resting on a spear with one hand, and holding a sword with the other hand, and treading on Tyranny, represented by a man prostrate, a crown fallen from his head, a broken chain in his left hand, and a scourge in his right. In the exergon, the word Virginia over the head of Virtus; and underneath the words Sic semper tyrannis. On the reverse a groupe-Libertas, with her wand and pileus. On the one side of her Ceres, with the cornucopia in one hand, and an ear of wheat in the other. On the other side Eternitas, with globe and phoenix. In the exergon, these words: Deus Nobis Hæc Otia Fecit." (Journal of the Convention, pp. 85, 86.)

(The sentence "Deus Nobis Hæc Otia Fecit" was changed to the one word "Perseverando," in October, 1779, by an act then passed. Act October, 1779, Ch. 1, p. 107, Chancery Revisal.)

From this were derived the noble motto of the Commonwealth and the insignia which has blazoned her flag, and is the ensign of her glory and renown. The designers of this splendid coat-of-arms never imagined the lustre that would illumine its fame in the future.

Although the Convention had declared, in the Bill of Rights, "that religion, or the duty which we owe 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 of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other"; yet they proceeded to make the following changes in the service of the Episcopal Church :

"Resolved, That the following sentences in the morning and evening services shall be omitted: 0, Lord, save the King. And mercifully hear us when we call upon Thee.

"That the 15th, 16th, 17th, and 18th sentences in the litany, for the King's majesty, and the royal family, &c., shall be omitted.

"That the two prayers for the King's majesty, and the royal family, in the morning and evening service, shall be omitted.

"That the prayers in the communion service which acknowledge the authority of the King, and so much of the prayer for the church militant as declares the same authority, shall be omitted, and this alteration made in one of the above prayers in the communion service: Almighty and everlasting God, we are taught by Thy holy word that the hearts of all rulers are in the governance, and that Thou dost dispose and turn them as it seemeth best to Thy Godly wisdom. We humbly beseech Thee so to dispose and govern the hearts of all the magistrates of this Commonwealth, that in all their thoughts, words, and works, they may evermore seek Thy honor and glory, and study to preserve Thy people committed to their charge, in wealth, peace, and godliness. Grant this, O merciful Father, for Thy dear Son's sake, Jesus Christ, our Lord. Amen.

"That the following prayer shall be used, instead of the prayer for the King's majesty, in the morning and evening service: O Lord, our heavenly Father, high and mighty, King of Kings, Lord of Lords, the only ruler of the universe, who dost from Thy throne behold all the dwellers upon earth, most heartily we beseech Thee with Thy favor to behold the magistrates of this Commonwealth, and so replenish them with the grace of Thy Holy Spirit, that they may always incline to Thy will, and walk in Thy way; endue them plenteously with heavenly gifts; strengthen them that they may vanquish and overcome all their enemies, and finally, after this life, they may obtain everlasting joy and felicity, through Jesus Christ, our Lord. Amen.

"In the 20th sentence of the litany use these words: That it may please Thee to endue the magistrates of this Commonwealth with grace, wisdom, and understanding.

"In the succeeding one use these words: That it may please Thee to bless and keep them, giving them grace to execute justice, and to maintain truth. "Let every other sentence of the litany be retained without any alteration, except the above sentences recited."

It is interesting and instructive to mark the provisions in this Constitution concerning the question of suffrage. The language of this provision is terse, and is as follows:

"VII. That the right of suffrage in the election of members of both Houses (the House of Delegates and the Senate, the only officers elected by the people) 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." (Revised Code 1819, vol. 1, p. 35.)

The right of suffrage as exercised in the Colony, which was made the basis of the qualifications of the voters under this Constitution, could only be exercised "by the freeholders of the several counties and corporations' of the Colony; and, consequently, the electorate was founded upon a property qualification. This basis was the same which had been established by the Royal Charters, save where it had been modified by the House of Burgesses. This property qualification was to the effect that no one should vote unless he was a "freeholder"; and "only freeholders of a certain class, holding twenty-five acres of cultivated, or one hundred acres of uncultivated land" were allowed to vote. For complete details and references to the Royal Charters and ordinances of the House of Burgesses touching these matters, see 1 Revised Code 1819, pp. 37, 38, where appear the exhaustive and instructive Notes of Benjamin Watkins Leigh, the revisor, who compiled the Virginia Code of that date. Also see the admirable treatise of Judge Tucker. Appendix to 1 Tucker's Blackstone, pp. 8-88-97. The Convention of June, 1775, which made the election law, under which Delegates to the Constitutional Convention of 1776 were elected, was no other than the last House of Burgesses, elected under the Colonial Government of the King of England. The House was dissolved by an act of regal authority, when the Colonial Government was abrogated; yet they met in March, 1775, and styled themselves a Convention, and assumed the exercise of all of the powers of government. They also held sessions, in May and June, 1775, in the latter of which months they passed said election law, which was the basis of that sanctioned by the Constitution of 1776, and which existed until 1830, except wherein it was modified as to the value of the real estate to be held by the elector; and the members to that Convention were elected, and the Constitution submitted by them to the people, was adopted, under that law.