A Voice of Dissent: George Mason
text and picture courtesy of the National
Archives
As the delegates gathered at the Pennsylvania State House in May 1787 to
"revise" the Articles of
Confederation, Virginia delegate George
Mason wrote, "The Eyes of the United States are turned upon this
Assembly and their Expectations raised to a very anxious Degree." Mason
had earlier written the Virginia
Declaration of Rights that strongly influenced Thomas
Jefferson in writing the first part of the Declaration
of Independence. He left the convention bitterly disappointed, however, and
became one of the Constitution's most vocal
opponents. "It has no declaration of rights," he was to state.
Ultimately, George Mason's views prevailed. When James
Madison drafted the amendments to the Constitution that were to become the Bill
of Rights, he drew heavily upon the ideas put forth in the Virginia
Declaration of Rights.
The article "A
More Perfect Union" provides an in-depth look at the Constitutional
Convention, the ratification process, and the adoption of the Bill of Rights.
The Virginia Declaration of
RightsJune 12, 1776
I. 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.
II. 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.
III. 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.
IV. 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.
V. 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.
VI. 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.
VII. 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.
VIII. 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 judgment of his peers.
IX. That excessive
bail ought not to be required, nor excessive fines imposed; nor cruel and
unusual punishments inflicted.
X. 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.
XI. 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.
XII. That the freedom
of the press is one of the greatest bulwarks of liberty and can never be
restrained but by despotic governments.
XIII. 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.
XIV. 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.
XV. 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.
XVI. 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.
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