When the colonies declared independence
from Britain they set about making new state governments. As part of the process, the new states
included various declarations of rights.
The declaration from Virginia was drafted by George Mason and became a
model for the other states. As you read
this document, consider the ways the Virginia Declaration of Rights follows the
English Bill of Rights and how it departs from its English predecessor.
I 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 possessing property, and pursuing and
obtaining happiness and safety.
II 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.
III That
government is, or ought to be, instituted for the common benefit, protection,
and security of the 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 maladministration; and that, 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.
IV That no
man, or set of men, are entitled to exclusive or separate emoluments or
privileges from the community, but in consideration of public services; which,
not being descendible, neither ought the offices of magistrate, legislator, or
judge be hereditary.
V That the
legislative and executive powers of the state should be separate and distinct
from the judicative; 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.
VI 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 public 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
public good.
VII 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.
VIII 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 favor, and to a speedy trial by an impartial jury
of his vicinage, without 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 judgement of his peers.
IX That
excessive bail ought not to be required, nor excessive fines imposed; nor cruel
and unusual punishments inflicted.
X 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 offense is not particularly described and
supported by evidence, are grievous and oppressive and ought not to be granted.
XI 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.
XII That
the freedom of the press is one of the greatest bulwarks of liberty and can
never be restrained but by despotic governments.
XIII 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 be governed
by, the civil power.
XIV 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.
XV 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.
XVI That
religion, or the duty which we owe to our Creator and the manner of discharging
it, can be directed 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.
Adopted unanimously June 12, 1776 Virginia
Convention of Delegates drafted by Mr.