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Revolutionary War Documents | The Virginia Declaration of Rights
The Virginia Declaration of Rights
The Virginia Declaration of Rights bly influenced Thomas Jefferson in writing the first part of the
Declaration of Independence.
It later provided the foundation for the Bill of Rights.
Note: 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.
The Declaration of Independence
Drafted by Thomas Jefferson between June 11 and June 28, 1776, the Declaration of
Independence is at once the nation's most cherished symbol of liberty and Jefferson's most enduring monument.
Here, in exalted and unforgettable phrases, Jefferson expressed the convictions in the minds and hearts of the
American people. The political philosophy of the Declaration was not new; its ideals of individual liberty had
already been expressed by John Locke and the Continental philosophers. What Jefferson did was to summarize this
philosophy in "self-evident truths" and set forth a list of grievances against the King in order to
justify before the world the breaking of ties between the colonies and the mother country. We invite you to
read a transcription of the complete text of the Declaration.
Note: This image of the Declaration is taken from the engraving made by printer William J. Stone in 1823
and is the most frequently reproduced version of the document. The original Declaration, now exhibited in the
Rotunda of the National Archives Building in Washington, DC, has faded badly--largely because of poor preservation
techniques during the 19th century. Today, this priceless document is maintained under the most exacting archival
conditions possible.
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