When, on the 15th day of May 1776, the Convention of Virginia instructed their delegates in Congress
to propose to that body to declare the United Colonies free and independent States, it, at the same time,
appointed a committee to prepare a declaration of rights and such a plan of government as would be
most likely to maintain peace and order in the Colony and secure substantial and equal liberty to the
people.
On subsequent days the committee was enlarged; Mr. George Mason was added to it on the 18th.
The declaration of rights was on the 27th reported by Mr. Archibald Cary, the chairman of the committee,
and, after being twice read, was ordered to be printed for the perusal of members.
It was considered in committee of the whole on the 29th of May and the 3d, 4th, 5th, and 10th of June.
On the 11th the convention considered the amendments, and having agreed thereto, ordered that the
declaration (with the amendments) be fairly transcribed and read a third time.
This having been done on the 12th, the declaration was then read a third time and passed nem.con.
A manuscript copy of the first draft of the declaration, just as it was drawn by Mr. Mason,
1
is in the library of Virginia.
The declaration as it passed was adopted without alteration by the Convention of 1850-51, as as amended
is as follows:
2
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.
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 mal-administration; and that, when 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.
That no man, or set of men, are entitle 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, to be hereditary.
That the legislative, executive and judicial powers should be separate and distinct; and that the
members thereof 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.3
That all elections 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.4
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 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.
5
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
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.
That, in controversies respecting property, and in suites between man and man, the ancient trial
by jury of twelve men is preferable to any other, and ought to be held sacred.
5
That the freedom of the press is one of the great 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, 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.
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 a 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 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 practice Christian forbearance, love, and charity
towards each other.
1
Va. Hist. Reg. Jan. 1949, p. 29. 2
See Acts 1852, p. 320-21. Sections amended are 5,6,8, and 11.
The Bill of Rights as originally passed, is found in the Revised Code of 1819, p. 21-2,
and Code of 1849, p. 32, 33, 34, 1st edition. 3
Amended. Acts 1852, p. 321, section 5. The 5th section, without amendment, read:
"That the legislative and executive powers of the state should be separate and distinct from the
judiciary, and that the member of the two first" &c. 4
Amended. Acts 1852, p. 321, section 6. The 6th section was:
"That election of members to serve as representatives of the people in assembly" &c. 5
Amended. Acts 1852, p. 321, section 8, 11. In the 8th and 11th sections, the words
"of twelve men" inserted after the word "jury".