The Virginia Declaration of Rights |
1776 |
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[Virginia's Declaration of Rights was drawn upon by Thomas Jefferson for
the opening paragraphs of the Declaration of Independence. It was widely copied
by the other colonies and became the basis of the Bill of Rights. Written by
George Mason, it was adopted by the Virginia Constitutional Convention on 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 .
Section 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.
Section 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.
Section 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, when any government
shall be found inadequate or contrary to these purposes, a majority of the
community has an indubitable, inalienable, and indefeasible right to reform,
alter, or abolish it, in such manner as shall be judged most conducive to the
public weal.
Section 4
That no man, or set of men, is entitled to exclusive or
separate emoluments or privileges from the community, but in consideration of
public services; which, nor being descendible, neither ought the offices of
magistrate, legislator, or judge to be hereditary.
Section 5
That the legislative and executive powers of the state
should be separate and distinct from the judiciary; and that the members of the
two first may be restrained from oppression, by feeling and participating the
burdens 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.
Section 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, assembled
for the public good.
Section 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.
Section 8
That in all capital or criminal prosecutions a man has 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 twelve men 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 judgment of his peers.
Section 9
That excessive bail ought not to be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted.
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.