Virginia's Declaration of Rights,
adopted by the Virginia Constitutional Convention on June 12,
1776, was drawn upon by Thomas Jefferson for the opening paragraphs
of the Declaration of Independence. It was copied by other colonies
and provided much of the inspiration for the Bill of Rights.
The Declaration of Rights was drafted
by George Mason with a small but significant modification by the
young James Madison. Mason's draft spoke of “the fullest
toleration in the exercise of religion,” while Madison's
successful amendment provided that “all men are equally
entitled to the free exercise of religion, according to the dictates
of conscience.” The free exercise of religion was not simply
to be tolerated by the authorities: it was a right.
George Mason 
was
one of the wealthiest planters in Virginia but was bitterly opposed
to slavery which he believed had been forced on Virginia by England.
He was considerably older than Madison and a widely respected
figure in the American Revolution. Nonetheless, he and Madison
worked together effectively for the freedom of conscience and
disestablishment of religion in Virginia.
Mason attended the Constitutional Convention in 1787 and was active
in the debates. He could not support the new Constitution and
was one of the three delegates who refused to sign. He was to
oppose Madison at the Virginia ratification convention.
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.
Drawing of George Mason and content from
the National
Archives.
