in America, under the command of General Gage. LieutenantGovernor Colden, then filling the executive chair, was in favour of the act, and resolved to execute it; but the Sons of Liberty expressed different sentiments. The Congress contained men some of whom became celebrated. Timothy Ruggles was chosen speaker, but Otis was the leading spirit. In full accord with him were the Livingstons of New York, Dickinson of Pennsylvania, McKean and Rodney of Delaware, Tilghman of Maryland, and Rutland and the elder Lynch of South Carolina. New Hampshire, Virginia, North Carolina and Georgia failed to send delegates, but not for lack of interest in the cause. The Congress prepared a Declaration of Rights and Grievances, an address to the King, a memorial to the House of Lords, and a petition to the House of Commons, and adjourned on October 25th. For a clear, accurate, and calm statement of the position of the colonies these papers were never surpassed; nor, until the appearance of the Declaration of Independence, was any advance made from the ground taken in them.

MELLEN CHAMBERLAIN, The Revolution Impending, in JUSTIN WINSOR, Narrative and Critical History of America. VI. 30–31.

CHAPTER XIII

VIRGINIA BILL OF RIGHTS

SUGGESTIONS

THIS declaration of rights was adopted by a convention that met in Williamsburg, May 6, 1776, and was inserted unchanged in the Virginia State Constitutions of 1830, 1850-51, 1864, and with some modifications in that of 1870. The Bill was drafted by George Mason and was slightly changed in one clause at the instance of James Madison.

This document is chosen as typical of the spirit of defiance shown in the Revolutionary era, and because it stands as an example of State legislation. Every colony became a state by a similar process of alteration in its colonial government. The student of history should comprehend clearly the theory of constitutional state government, which was the child of English common law or citizenship.

In using this work at this point it would be well for the State Constitution of the Commonwealth nearest in interest to the school to be studied.

For Outlines and Material, see Appendix A.

Preston's Documents, 207-209.

DOCUMENT

A Declaration of Rights (June 12th, 1776)

Made by the Representatives of the good People of Virginia, assembled in full and free Convention, which rights to pertain to them and their posterity as the basis and foundation of government.

I. That all men are by nature equally free and independent, and have certain inherent rights, of Compare which, when they enter into a state of society, they with Declara- cannot by any compact, deprive or divest their tion of Independence. posterity; namely, the enjoyment of life and liberty with the means of acquiring and possessing prop

erty, and pursuing and obtaining happiness and safety.

II. That all power is vested in, and consequently Oath of Office: derived from, the people; that magistrates are Const. Art. ii. Sect. 1 (8). their trustees and servants, and at all times amen

dence.

able to them. III. That government is, or ought to be, insti- See Bill of tuted for the common benefit, protection and se- Rights; Act curity of the people, nation, or community; of all of Settlement; also, the various modes and forms of government, that Declaration is best which is capable of producing the greatest of Independegree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when a 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 to be hereditary.

conceived in

V. That the legislative, executive and judicial powers should be separate and distinct; and that The separathe members thereof may be restrained from op- tion of the pression, by feeling and participating the burthens three deof the people, they should, at fixed periods, be partments reduced to a private station, return into that body 1776; Const. from which they were originally taken, and the Arts. i., ii., 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 all elections ought to be free, and that all men having sufficient evidence of permanent common interest with, and attachment to the com-.

iii.

munity have the right of suffrage, and cannot be taxed, or deprived of their property for public uses, Confirmatio without their own consent, or that of their repreChartarum. sentatives so elected, nor bound by any law to which they have not in like manner assented, for the public good.

VI.

Magna Charta, 3940.

Habeas Cor-
pus Act.
Trial by
Jury.

Writs of Assistance un

warranted.

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 favour, 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.

IX. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

X. 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 offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.

XI. That in controversies respecting property, See Chapter and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred.

V.

Const. Art.i.,

Sect. 8 (16).

XII. That the freedom of the press is one of the great 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 defence 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.

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 blessing 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.

XVI. 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, Freedom of according to the dictates of conscience; and that religious it is the duty of all to practise Christian forbearance, love and charity towards each other.

faith.

CONTEMPORARY EXPOSITION

WASHINGTON (1776)

TO JOHN AUGUSTINE WASHINGTON,

Philadelphia, 31 May, 1776.

DEAR BROTHER, I am very glad to find that the Virginia Convention have passed so noble a vote, and with so much unanimity. Things have come to that pass now, as to convince us, that we have nothing more to expect from the justice of Great Britain. . . . To form a new government requires infinite care and unbounded attention: for if the foundation is badly laid, the superstructure must be bad. Every man should consider, that he is lending his aid to frame a constitution which is to render millions happy or miserable, and that a matter of such moment cannot be the work of a day.

GEORGE WASHINGTON, Works. IV. 105-107.