American History Assignment

2/5/19, 12(14 AMGive Me Liberty (Brief), 5E

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The Virginia Declaration of Rights (1776)

In May of 1776, with Britain rapidly losing control of its North American colonies, a colonial assembly convened

in Williamsburg, Virginia, and undertook several extraordinary actions: they called on the Second Continental

Congress to declare independence, they drafted a state constitution, and they issued the Virginia Declaration of

Rights—an affirmation of fundamental republican principles.

The document’s primary author was George Mason (1725–1792), a planter who hailed from one of Virginia’s

most respected families. Gruff, stubborn, and impatient, Mason was also a highly cultured and well-educated

widower who, although often appointed or elected to office, only accepted these positions intermittently and

with great reluctance because of his devotion to his family.

In writing the Virginia Declaration of Rights, Mason was aided by James Madison, then a twenty-five-year-

old delegate from Orange County, Virginia. Thomas Jefferson, who at the time was serving in the Second

Continental Congress in Philadelphia, would be greatly influenced by Mason’s work as he drafted the

Declaration of Independence.

Crucially, the Virginia Declaration of Rights unequivocally states that all people—not just the citizens of

particular nations—possess such rights. This was a marked departure from traditional colonial assertions that

they were entitled to the “the rights of Englishmen.” Mason’s work, in fact, was one of the earlier instances of

Americans conceiving of certain civil rights as natural, universal, and inalienable—and of themselves not

primarily as colonial subjects but as Americans.

Adopted unanimously June 12, 1776 Virginia Convention of Delegates drafted by Mr. George Mason.

JUNE 12, 1776

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.

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.

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 conductive to the public weal.

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,1 neither ought the

offices of magistrate, legislator, or judge be hereditary.

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.

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.

2/5/19, 12(14 AMGive Me Liberty (Brief), 5E

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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.

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.

That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual

punishments inflicted.

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.

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.

That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained

but by despotic governments.

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,2 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.

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.

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.

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.

Study Questions

1.  What specific rights, according to the document, do all people possess? 2.  What, according the Virginia Declaration of Rights, are the purposes of government? 3.  What metaphors does the document use to describe the relationship between the people and their

government? What does this suggest about eighteenth-century views toward government? In what ways

are present-day attitudes similar, or different?

4.  Do you think all Americans in 1776 would have supported all of these sixteen statements? Why or why not?