The Virginia Declaration of Rights
In May 1776, George Mason, as a delegate to the Virginia Convention meeting in Williamsburg, Va., began drafting the Virginia Declaration of Rights. He wrote, "All men are born equally free and independent …" and that the power of government "… is derived from the People." Although similar thoughts and ideas were circulating during the Enlightenment, Mason’s groundbreaking document set out to create an entirely new form of government. After revisions and debate, the document was unanimously adopted by the Virginia Convention. The Virginia Declaration of Rights became the model for the federal Constitution’s Bill of Rights as well as other documents, such as the Declaration of Independence, the U.S. Constitution, and the Declaration of the Rights of Man and of the Citizen.
The Virginia Declaration of Rights
Adopted by Virginia Convention, June 12, 1776
A DECLARATION OF RIGHTS made by the Representatives of the good people of VIRGINIA, assembled in full and free Convention; which rights do pertain to them and their posterity, as the basis and foundation of Government.
Thomas Jefferson comments on his friend George Mason, 1821
Video: Colonial Williamsburg; Linda Randulfe, director; Interpreter, Bill Barker
Article 1
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.
Article 2
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. Virginia Declaration of Rights
A page of the Virginia Declaration of Rights drafted by George Mason in late May 1776 and adopted by the Virginia Convention on June 12, 1776.
Photo: The Library of Congress
Article 3
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.
Article 4
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.
"…all power is vested in, and consequently derived from, the people…"
— George Mason
Article 5
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.
Article 6
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.
Article 7
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.
Born to a wealthy family, George Mason found politics bothersome. (Oil on canvas by D. Boudet after Hesselius)
Photo: The Granger Collection
Article 8
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.
Article 9
That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.
Article 10
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.
Article 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.
Article 12
That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments.
Article 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 be governed by, the civil power.
Article 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.
Article 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.
Article 16
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
