William Croghan has never been famous, but his life illustrates the aspirations and achievements of America’s early frontiersmen. He fought for national expansion and then played an important role in that expansion by moving to Kentucky and running the office that parceled out bounty land to veterans. This was a lucrative position. Croghan prospered and built a stately home, which he called Locust Grove.

...continue to The Journal of the American Revolution.

As an old man, Daniel Anderson wanted to spend his last years in prayer. He said he would “ever pray for the success and prosperity of his native state and country.” He would pray “to secure the liberties of which in his younger days he voluntarily encountered the perils of war and shed his blood in her service.” These were not platitudes. The bloodshed was real and there is no reason to doubt that his prayers were just as authentic. He was a humbled man. He was disabled by his war wounds and obliged to use the few resources he had caring for his wife and three physically and mentally handicapped adult children.
 
Surprisingly, the unique contours of Anderson’s war service resolve a persistent question.  The men of the 8th Virginia fought almost everywhere during the Revolution. I have sometimes described them as having served “from New York to Georgia,” but wished I could say “from Canada to Florida.” The regiment didn't range that far, but I have long suspected that some of its men did over the course of the war.
 
The Florida question remains unsolved. In 1776, Maj. Gen. Charles Lee took the regiment south to  attack the Tory haven at St. Augustine. They made it to  Sunbury, Georgia before the expedition was called off. The malaria-stick regiment was posted there at Fort Morris, on the Medway River, for some time. Did they ever cross the St. Mary’s River into what was then the colony of East Florida? 
 
The governor of Florida reported in October of 1776 that “depredations were made by the Rebels as far [across the border] as Saint John River,” forcing him to commandeer a boat for defense. The main body of the 8th Virginia was probably gone by then, but had any of them gone scouting across the river before the raid? Quite a few men also remained behind to recover from sickness and some--like William Gillihan and Collin Mitchum--transferred to the 5th South Carolina Regiment. Did any 8th Virginia men participate in the foray to the St. John’s River that summer or fall? Probably. Maybe. We may never know.

The Canada question, on the other hand, is now settled. The very first companies of Congress-authorized “Continental” troops included two companies of riflemen raised in the Shenandoah Valley in July of 1775. I have hoped to find just one 8th Virginia soldier who was in Capt. Daniel Morgan’s Frederick County company. But was there one? Yes. Daniel Anderson enlisted in Morgan’s rifle company in July of 1775 and was with him at Boston and the attack on Quebec. He was wounded at Quebec in the chest and the right arm, captured, and held prisoner for months. He was eventually exchanged and then discharged at Elizabeth, New Jersey. 
 
In February 1777 he enlisted again under Morgan, who was now the colonel of the 11th Virginia. There is no record of Anderson in the 11th Virginia rolls, however, because he was promoted to sergeant and transferred into Capt. Thomas Berry’s company of the 8th Virginia. Anderson was with the 8th through Germantown, Whitemarsh, Valley Forge, and Monmouth. He was discharged on February 2, 1779. He then received a state commission as a lieutenant in the Western Battalion of Virginia state troops (state regulars—not militia and not Continentals), probably fighting Indians as far west as Indiana under Col. Joseph Crockett.  Other 8th Virginia men were on the frontier as well, serving as far west as Illinois. After the war, Anderson settled in Shenandoah County, Virginia and lived the rest of his life there.
 
So what can we claim for the length and breadth of the regiment’s service? “From Canada to Florida” is still a stretch beyond what we can prove. To the Florida line? Still too far. Until we can prove more, we’ll have to settle for “From Canada nearly to Florida.” Can we also say, “From the Atlantic to the Mississippi?” Not yet, but it’s entirely plausible. Regardless, the range of the 8th Virginia’s men is impressive. Almost all of that movement was covered on foot.
​
In retirement, Daniel Anderson’s wounds kept him from performing hard labor—even the work of a subsistence farmer. Still, he somehow had to support his wife and three disabled children. “I am by occupation a farmer,” he said in 1820, “but owing to wounds and age I am unable to follow it. I have my wife living with me, aged 57 years; 1 daughter, aged 23 years, a cripple; and two dumb children, both simple, one a girl aged 14 the other a boy aged 27. The reason for his older daughter’s disability was her being “so much afflicted with Cancers that she has not been out of the house for 16 months.” The word "dumb" in those days still meant "mute." "Simple" meant intellectually disabled.

There were no federal pensions yet, but he applied to the Virginia legislature for pension on the basis of his own service-connected disability. He made his case before a judge. His conclusion was recorded by the court in the third person: “The prayer of your petitioner therefore is that your honorable body will pass an Act allowing such pension as in your wisdom you may deem sufficient to enable him to end his few remaining days in praying, as he will ever pray for the success and prosperity of his native state and country to secure the liberties of which in his younger days he voluntarily encountered the perils of war and shed his blood in her service.”

The date of his petition isn’t shown, but it was supported by notes from doctors and a letter from Daniel Morgan in 1796: “The bearer of this Dan’l. Anderson Inlisted a soldier with me in the year 1775 march’d with me to Boston & from thence to Quebec – was with me in the storm of the garison, on the last Day of Dec’r. when Gen;l Montgomery fell. He Rec’d two wounds in the action, one in the Breast & one in his Arm which Doctor senseny & Doctor Balwin certyfies that said wounds has so disabled him as to Rendered unfit for Hard Labour & thinks Him a proper object for a Pension.”

"Doctor Balwin" was Cornelius Baldwin, the former surgeon of the 8th Virginia. Anderson received his state pension and later received federal support as well. He died on November 6, 1840.

​UPDATE: Thanks to Carolyn Brown Butler who alerted us to the pension of her ancestor William Smith. Smith, after his time in the 8th, served under George Rogers Clark and (former 8th VA captain) George Slaughter. He was sent by Clark as an express rider to the Iron Banks, six miles below the mouth of the Ohio on the Mississippi. So now we can say that at least one 8th Virginia man served from "the Atlantic to the Mississippi."

Long after the Revolution, Col. John Stuart of Greenbriar County recalled the Virginia Militia army that defeated the usually victorious Shawnee at the Battle of Point Pleasant in 1774.
 
General Lewis’s army consisted chiefly of young volunteers, well trained to the use of arms, as hunting, in those days, was much practised, and preferred to agricultural pursuits by enterprising young men. The produce of the soil was of little value on the west side of the Blue Ridge— the ways bad, and the distance to market too great to make it esteemed. Such pursuits inured them to hard ships and danger. We had more than every fifth man in our army killed or wounded in the battle,— but none were disheartened ; all crossed the river with cheerfulness, bent on destroying the enemy;- and had they not been restrained by the Governor’s orders, I believe they would have exterminated the Shawanese nation.
 
Stuart said this after noting that the Shawnee were the tribe that had (often with allies) repeatedly defeated Virginian and American armies on the frontier: those of Gen. Edward Braddock (1755) and Major James Grant (1758) in the French and Indian War; colonels John Todd and Stephen Trigg at the Battle of Blue Licks (1782) in Kentucky; and against generals Josiah Harmar (1790) and Arthur St. Clair (1791) in Ohio.
 
The victory at Point Pleasant was a very big deal. Moreover, though Lord Dunmore (the governor of Virginia) had raised and led the army, the victory had been won without him by the other of two divisions. An army of frontier Virginia marksmen, many of them occasional subsistence hunters, had proven what they could do.
 
Dunmore headed back to Williamsburg. His officers, cognizant of political events, convened on November 5 at Fort Gower (modern Hockingport, Ohio) on the Ohio River. Among those present were many men who would be important in the Revolution, including William Campbell, George Rogers Clark, Simon Kenton, Andrew Lewis, Daniel Morgan, William Russell, and Adam Stephen. An unidentified officer (possibly Adam Stephen) addressed the group. Having concluded the campaign against the Indians, he said, “it only remains that we should give our country the strongest assurance that we are ready, at all times, to the utmost of our power, to maintain and defend her just rights and privileges.”
 
He was careful to deny that the army had any revolutionary intentions while also making it clear where their real loyalties lay.  “We have lived about three months in the woods without any intelligence from Boston; or from the Delegates at Philadelphia. It is possible, from the groundless reports of designing men, that our countrymen may be jealous of the use such a body would make of arms in their hands at this critical juncture. That we are a respectable body is certain, when it is considered that we can live weeks without bread or salt; that we can sleep in the open air without any covering but that of the canopy of Heaven; and that our men can march and shoot with any in the known world. Blessed with these talents, let us solemnly engage to one another, and our country in particular, that we will use them to no purpose but for the honour and advantage of America in general, and of Virginia in particular. It behooves us then, for the satisfaction of our country, that we should give them our real sentiments, by way of resolves, at this very alarming crisis."
 
A committee was formed to draft the resolves, which were published soon after. Like other documents of the period immediately before the war, it proclaims loyalty to the King and the governor, but in a way that implied a threat.
 
Resolved, That we will bear the most faithful allegiance to his Majesty King George the Third, whilst his Majesty delights to reign over a brave and free people; that we will, at the expense of life, and every thing dear and valuable, exert ourselves in support of the honour of his Crown and the dignity of the British Empire. But as the love of Liberty, and attachment to the real interests and just rights of America outweigh every other consideration, we resolve that we will exert every power within us for the defence of American liberty, and for the support of her just rights and privileges; not in any precipitate, riotous, or tumultuous manner, but when regularly called forth by the unanimous voice of our countrymen.
 
Resolved, That we entertain the greatest respect for his Excellency the Right Honourable Lord Dunmore, who commanded the expedition against the Shawanese; and who, we are confident, underwent the great fatigue of this singular campaign from no other motive than the true interest of this country.
 
Signed by order and in behalf of the whole Corps,
 
BENJAMIN ASHBY, Clerk.
 
Lord Dunmore, whose motives for leading the campaign came to be suspected, fled Williamsburg just a few months later.
 
Little is remembered about Benjamin Ashby, who signed the document on behalf of the unanimous officers. The ink he put to paper had an impact, however. Just three years later his nephew, George Ashby, a private in the 8th Virginia, would be scrambling about the ground during the Siege of Fort Mifflin collecting and recycling hot cannonballs as his comrades’ ammunition ran low.

It wasn’t really their fault, they said. Slavery, men of the founding generation liked to argue, was brought to the colonies by Britain. It came via Barbados and the other sugar islands of the Caribbean. Thomas Jefferson and Henry Laurens both blamed Britain and wished the colonies could free themselves of the practice. It was ironic, therefore, that American slavery not only outlasted the War for Independence but also outlasted slavery in the British Empire. In truth it was more than ironic: it was a tragedy that led to additional decades of forced labor and the deaths of well over half a million Americans in the Civil War.
​
Could the abolition of American slavery have come sooner? Maybe. Slavery never existed in the New World without someone also speaking out against it, and antislavery views took a demonstrably large leap forward during the founding era. Christianity, social contract theory, and the very spirit of the Revolution led many Americans to the same conclusion. Even many slaveowners understood it was wrong. “I can only say,” wrote George Washington about slavery in 1786, “that there is not a man living who wishes more sincerely than I do, to see a plan adopted for the abolition of it.”

....continue to The Journal of the American Revolution.

A decade later, early in the French and Indian War, General Edward Braddock suffered his better-remembered defeat near the banks of the Monongahela. The lesson here was that British redcoats were not invincible. In a report to his mother, Washington wrote, “The Virginia troops showed a good deal of bravery, and were near all killed; for I believe out of three companies that were there, there are scarce 30 men left alive. … In short, the dastardly behavior of those they call regulars exposed all others that were inclined to do their duty to almost certain death; and, at last, in despite of all the efforts of the officers to the contrary, they broke and ran as sheep pursued by dogs; and it was impossible to rally them.”

While the British army was humiliated, Washington’s own reputation for heroism was bolstered, in part because of his own reports. “I luckily escaped without a wound,” he wrote, “though I had four bullets through my coat, and two horses shot under me.”

Louisbourg (1745), Monongahela (1755), and the outbreak of the Revolution itself in 1775 are milestones in the colonists’ increasing confidence in their own military capabilities. Though Louisbourg was remote from Virginia, it was not remote from those who began the war in Massachusetts. Braddocks’ defeat was very much front-of-mind to all Virginians at the start of the war. This must have been especially true for men like the 8th Virginia's Maj. Peter Helphenstine and Capt. Thomas Berry of Winchester (Washington's headquarters during the French and Indian War) and Captains John Stephenson and William Croghan who filled their companies with men from the settlements near the site of the general’s failure.

Twenty years after Monongahela, Massachusets’ 1775-1776 experiences at Lexington and Concord, Bunker Hill, Ticonderoga, and the Siege of Boston reinforced New England’s view that militia could take on professional troops. Victories won by militia and green provincial troops at Great Bridge and Sullivans Island indicated the same to Virginia and the south.

This elevated view of their militias’ capabilities must be viewed as an important factor in the colonists’ decision to take up arms against the Crown.  It is even more important in view of the prevalent Anglo-American dislike of standing or “regular” armies. Oliver Cromwell had used his “New Model” army to rule by martial law. King James II had attempted to use a standing, professional army to restore the monarchy’s supremacy over parliament. For this is he was deposed and replaced by William and Mary, who accepted a Declaration of Rights (enacted as a “Bill of Rights” in 1689) that specifically forbade standing armies on British soil in peace time.

When Britain decided to leave a standing army in America after the French and Indian War, the colonists reacted in a way that should have been predictable. Peace-time standing armies had been illegal in Britain for nearly a century, universally seen as a threat to the “rights of Englishmen.” And yet there they were, posted in the colonies and quartered in private homes. Colonial charters had guaranteed the rights of Englishmen to the colonists. This was a clear violation. Virginia’s 1606 charter read, for example:

"Also we do ... DECLARE ... that all and every the Persons being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions."

Among the 27 indictments against the King in the Declaration of Independence was the charge that “He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.” When the war began, it was a war between American militia and British regulars. While some might have seen this as an uneven fight, many more saw it as proof of the justice and moral superiority of the American cause.

The British Army was the most powerful in the world, and there may have been a time when the colonists would not have dared to fight them. In 1775, after the Siege of Louisville, after Braddocks defeat, and with God and Justice on their side, the Americans believed they could win. And they did win, but not until the Continentals themselves were professionalized. Still, consistent with principle, the Continental Army was disbanded at the end of the war.

Read more: "A Campaign of Amateurs: The Siege of Louisbourg, 1745" by Raymond F. Baker.

​In 1781, the traitor Benedict Arnold was sent to Virginia by the British to disrupt American supply lines supporting patriots farther south. Opposing him was Brig. Gen. Peter Muhlenberg, the 8th Virginia’s original colonel. Gov. Thomas Jefferson gave Muhlenberg instructions to capture Arnold and specified that the plan should be carried out by “men from the western side of the mountains.” As a former pastor from Woodstock and colonel of the 8th Virginia, Muhlenberg knew many such men. Jefferson wrote:

​You will readily suppose that it is above all things desireable to drag him from those under whose wing he is now sheltered. ... Having peculiar confidence in the men from the Western side of the mountains, I meant as soon as they should come down to get the enterprize proposed to a chosen number of them, such whose courage and whose fidelity would be above all doubt. Your perfect knowlege of those men personally, and my confidence in your discretion, induce me to ask you to pick from among them proper characters, in such number as you think best, to reveal to them our desire, and engage them [to] undertake to seize and bring off this greatest of all traitors. Whether this may be best effected by their going in as friends and awaiting their opportunity, or otherwise is left to themselves. The smaller the number the better; so that they be sufficient to manage him. Every necessary caution must be used on their part to prevent a discovery of their design by the enemy, as should they be taken, the laws of war will justify against them the most rigorous sentence. I will undertake if they are succesful in bringing him off alive, that they shall receive five thousand guineas reward among them, and to men formed for such an enterprize it must be a great incitement to know that their names will be recorded with glory in history....

Arnold wasn’t captured. His security was too tight. Some histories, however, report rumors of a failed attempt. Edward Hocker’s 1936 biography of Muhlenberg, for example, documents a “tradition” that Col. George Rogers Clark (who had two brothers in the 8th Virginia) was tapped to lead the mission. Clark was newly famous for his successful campaign against the British in Illinois and his capture of Gov. Henry Hamilton, the coordinator of Indian attacks on the frontier.

According to Hocker’s narrative, one of Clark’s men was captured and taken before Arnold, who asked him, “What would be my fate if the Americans caught me?” The prisoner replied, “We would cut off that shortened leg wounded at Quebec and Saratoga and bury it with the honors of war, and then hang the rest of you.”

Ironically, it was George Rogers Clark who ultimately had his leg cut off. Many years later, after a having a stroke and in a drunken stupor, he fell into a fireplace and severely burned himself. When gangrene set in, he was told a leg would have to be amputated. On the day of the procedure, he arranged to have fifers and drummers from the local militia come and play martial tunes to celebrate. He reportedly tapped his fingers in time with the music as they sawed off his leg, “effected more by the music than the pain.”

Updated August 24, 2019

On May 15, 1776 the provisional government of Virginia voted to instruct its Congressional delegation to propose and support a declaration of independence from Great Britain. This was about the time the 8th Virginia marched south with General Charles Lee to meet the enemy in the Carolinas. However, a few of the regiment’s soldiers—stragglers and sick men who were left behind—may have witnessed the celebration on May 16. The Union Jack was lowered from the capital and replaced with the Grand Union flag. The men were paraded to nearby Walter’s Grove, attended by the commander of the provincial army (General Andrew Lewis), the Committee of Safety, the Virginia Convention, and members of the public.

The resolution was read aloud, followed by three toasts. The first was to “The American independent states.” The second was to “The Grand Congress of the United States and their respective Legislatures.” The third was to “General Washington, and victory to the American Arms.” Each toast was saluted by the firing of cannon. After the reading, an outdoor “refreshment” was held for the soldiers. When the sun set, illuminations were lit to celebrate. The next day, May 17, was set aside as a day for fasting and prayer.

Three weeks later, the Virginia delegation complied with its mandate, proposing independence to the Continental Congress in Philadelphia. Less than a month after that, Independence was formally declared. It took until early August for the 8th Virginia to hear the news in far-off Charleston, South Carolina.

Meanwhile, 8th Virginia stragglers continued to arrive in the capital, including an entire company under the command of Captain William Croghan from Fort Pitt. These men were present when two truly world-historical events occurred in Williamsburg: the June 12th adoption of the Virginia Declaration of Rights (a precursor to and model for the Declaration of Independence), and the June 29 adoption of a new, written (rather than evolving or “living”) constitution which declared the people rather than a monarch to be sovereign. On July 6, Patrick Henry became the first elected governor of Virginia. The new constitution became a model for other states as they established new governments, a model for the American Constitution of 1787, and a model for the world.

The May 15 resolution, the Virginia Declaration of Rights, and the original Virginia Constitution are all worth the few minutes it takes to read them. The Declaration was written by George Mason with revisions from Robert Nicholas and James Madison. It is clear how much Thomas Jefferson depended on Mason’s writing in drafting Congress’s Declaration for the colonies. Mason's Declaration was a template for the Bill of Rights as well. Similarly, the Virginia Constitution begins very much like the Declaration of Independence, including a list of grievances and justifications for separation. Virginia's new constitution was the first successful and permanent written constitution in world history. The short-lived Republic of Corsica had written one in the 1750s. Other states (South Carolina and New Hampshire adopted earlier, temporary frameworks that were intended to serve only until peace with Great Britain was restored. Some other states had tweaked their colonial charters. Virginia's Constitution established a permanent frame of government that was explicitly new. It required that the governor "shall not, under any pretence, exercise any power or prerogative, by virtue of any law, statute or custom of England." The U.S Constitution and all 50 state constitutions are largely based on Virginia's 1776 frame of government. Globally, written constitutions are now almost universal and many nations have constitutions that are based in some way on America's--and, therefore, Virginia's.

​For the United States, July 4 is celebrated as Independence Day. Virginians should also celebrate--or at least remember--May 15.


The May 15 Resolution

Section 10. That general warrants, whereby an 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 offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.

Section 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.

Section 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.

Section 13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense 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.

Section 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.

Section 15. That no free government, or the blessings 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.

Section 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 of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity toward each other.

The Virginia Constitution of 1776
​
THE CONSTITUTION OR FORM OF G0VERNMENT, AGREED TO AND RESOLVED UPON BY THE DELEGATES AND REPRESENTATIVES OF THE SEVERAL COUNTIES AND CORPORATIONS OF VIRGINIA

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 prevent, 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 endeavouring to prevent the population of our country, and, for that purpose, obstructing, the laws for the naturalization of foreigners:

By keeping among us, in times of peace, standing armies and ships of war:

By effecting 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 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 against us, those very negroes whom, by an inhuman use of his negative, he hath 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, 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 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 formerly exercised under the crown of Great Britain, is TOTALLY DISSOLVED.

We therefore, the delegates and representatives of the good people of Virginia, having maturely considered the premises, and viewing with great concern the deplorable conditions 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:

The legislative, executive, and judiciary department, 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.

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. 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 of one Delegate or Representative, to be chosen annually for the city of Williamsburgh, 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 thenceforward shall cease to send a Delegate or Representative to the Assembly.

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 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.

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 the supplying intermediate vacancies.

All laws shall originate in the House of Delegates, to be approved of or rejected by the Senate, or to be amended, with consent of 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 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 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, 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.

Either House of the General Assembly may adjourn themselves respectively. The Governor shall not prorogue or adjourn the Assembly, during their sitting, nor dissolve them at any time; but he shall, if necessary, either by advice of 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.

A Privy Council, or Council of State, consisting of eight members, shall be chosen, by joint ballot of both Houses of Assembly, 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, inability, or absence of the Governor from the government, shall act as Lieutenant-Governor. Four members shall be sufficient to act, and their advice and proceedings shall be entered on 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 three next years. Those vacancies, as well as those occasioned by death or incapacity, shall be supplied by new elections, in the same manner.

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.

The present militia officers shall be continued, and vacancies supplied by appointment of the Governor, with the advice of the Privy-Council, on recommendations from the respective County Courts; but the Governor 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 Governor 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 Governor , and continue in office during good behaviour. In case of death, incapacity, or resignation, the Governor, 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 members of either House of Assembly or the Privy Council.

The Governor, 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 of, and determined in the General Court. The Sheriffs and Coroners shall be nominated by the respective Courts, approved by the Governor,

with the advice of the Privy Council, and commissioned by the Governor. The Justices shall appoint Constables; and all fees of the aforesaid officers be regulated by law.

The Governor, when he is out of office, and others, offending against the State, either by mal- administration, corruption, or other means, by which the safety of the State may be endangered, shall be impeachable 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 be either forever disabled to hold any office under government, or be removed from such office pro tempore, or subjected to such pains or penalties as the laws shall direct.

If all or any of the Judges of the General Court should on good grounds (to be judged of by the House of Delegates) be accused of any of the crimes or offences above 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.

Commissions and grants shall run, "In the name of the Commonwealth of Virginia," and bear test by the Governor, 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." A Treasurer shall be appointed annually, by joint ballot of both Houses.
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.

The territories, contained within the Charters, erecting the Colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and forever confirmed, to the people of these 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 Patomaque and Pokomoke, with the property of the Virginia shores and 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 I. in the year one thousand six hundred and nine, and by the public treaty of peace between the Courts of Britain and France, in the year one thousand seven hundred and sixty-three; unless by act of this Legislature, one or more governments be established westward of the Alleghany mountains. And no purchases of lands shall be made of the Indian natives, but on behalf of the public, by authority of the General Assembly.

In order to introduce this government, the Representatives of the people met in the convention shall choose a Governor 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.


(Revised June 29, 2020.)