The Virginia Convention met in Williamsburg on May 6, 1776, and by May 15th had passed a resolution calling for the Virginia delegates at the Continental Congress to move for independence. At the same time they formed a committee for drafting a bill of rights and a constitution for Virginia. George Mason took the lead on this project and his notes below are considered the first draft. To this draft eight additional propositions were added by the committee before it was read to the Convention on May 27, 1776. After debate, and several changes, the Declaration of Rights was passed unanimously on June 11, 1776.
[First Draft, ca. 20-26 May 1776]
A Declaration of Rights, made by the Representatives of the good People of Virginia, assembled in full Convention; and recommended to Posterity as the Basis and Foundation of Government.
That all Men are born equally free and independant, and have certain inherent natural Rights, of which they can not by any Compact, deprive or divest their Posterity; among which are the Enjoyment of Life and Liberty, with the Means of acquiring and possessing Property, and pursueing and obtaining Happiness and Safety.
That Power is, by God and Nature, 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 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 whenever any Government shall be found inadequate, or contrary to these Purposes, a Majority of the Community had an indubitable, inalianable 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 entitled to exclusive or seperate Emoluments or Privileges from the Community, but in Consideration of public Services; which not being descendible, or hereditary, the Idea of a Man born a Magistrate, a Legislator, or a Judge is unnatural and absurd.
That the legislative and executive Powers of the State shoud be seperate and distinct from the judicative; and that the Members of the two first may be restraind from Oppression, by feeling and participating the Burthens they may lay upon the People; they should, at fixed Periods be reduced to a private Station, and returned, by frequent, certain and regular Elections, into that Body from which they were taken.
That no part of a Man’s Property can be taken from him, or applied to public uses, without the Consent of himself, or his legal Representatives; nor are the People bound by any Laws, but such as they have in like Manner assented to for their common Good.
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 or Witnesses, to call for Evidence in his favour, and to a speedy Tryal by a Jury of his Vicinage; without whose unanimous Consent, he can not be found guilty; nor can he be compelled to give Evidence against himself. And that no Man, except in times of actual Invasion or Insurrection, can be imprisoned upon Suspicion of Crimes against the State, unsupported by Legal Evidence.
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.
That as Religion, or the Duty which we owe to our divine and omnipotent Creator, and the Manner of discharging it, can be governed only by Reason and Conviction, not by Force or Violence; and therefore that all Men should enjoy the fullest Toleration in the Exercise of Religion, according to the Dictates of Conscience, unpunished and unrestrained by the Magistrate, unless, under Col- our of Religion, any Man disturb the Peace, the Happiness, or Safety of Society, or of Individuals. And that it is the mutual Duty of all, to practice Christian Forbearance, Love and Charity towards Each other.
That in all controversies respecting Property, and in Suits between Man and Man, the ancient Tryal by Jury is preferable to any other, and ought to be held sacred.
(That the freedom of the press, being the great bulwark of Liberty, can never be restrained but in a despotic government. That laws having a restrospect to crimes, & punishing offences committed before the existence of such laws, are generally dangerous, and ought to be avoided.)
N.B. It is proposed to make some alteration in this last article when reported to the house. Perhaps somewhat like the following That all laws having a retrospect to crimes, & punishing offences committed before the existence of such laws are dangerous, and ought to be avoided, except in cases of great, & evident necessity, when safety of the state absolutely requires them. This is thought to state with more precision the doctrine respecting ex post facto laws & to signify to posterity that it is considered not so much as a law of right, as the great law of necessity, which by the well known maxim is — allowed to supersede all human institutions.
Another is agreed to in committee condemning the use of general warrants; & one other to prevent the suspension of laws, or the execution of them.
The above clauses, with some small alterations, & the addition of one, or two more, have already been agreed to in the Committee appointed to prepare a declarition of rights; when this business is finished in the house, the committee will proceed to the ordinance of government.
The entire document is in George Mason’s handwriting, except for the end portion beginning “That the freedom of the press…” which is in Thomas Ludwell Lee’s hand.