Virginia Declaration of Rights

Overview

The Virginia Declaration of Rights stated major principles of liberty, government, and public responsibility. Written by George Mason of Virginia, it declared that all men were naturally free and independent and possessed rights to life, liberty, property, happiness, and safety. It said all power came from the people and that politicians served as trustees and servants of the public. The declaration argued that the government should protect the people and promote the common good. It also defended free elections, consent to taxation, trial by jury, freedom of the press, limits on punishment, and protection from general warrants. The document warned against standing armies in peacetime and placed the military under civil authorities. It also protected religious freedom and called for justice, moderation, and virtue.

Essential Facts

• Written By: The Virginia Declaration of Rights was written by George Mason.
• Date: It was adopted by the Virginia Convention of Delegates on June 12, 1776.
• Purpose: The Virginia Declaration of Rights laid out many of the Republican principles that are found in the Declaration of Independence, the United States Constitution, and the Bill of Rights.

Significance

The Virginia Declaration of Rights is important to American History because it stated major ideas about natural rights, popular sovereignty, and limited government prior to the Declaration of Independence. It declared that the government should protect the people and that the people could reform, alter, or abolish a government that failed its purpose. It also defended free elections, legal protections, freedom of the press, civilian control of the military, and religious freedom.

Analysis and Original Text

Section One

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.

• Subject: Natural Rights and Personal Freedom.
• Key Principles:
  • The declaration states that all men are born equally free and independent.
  • People have basic rights that they cannot give away when they join society.
  • These rights include life, liberty, property, happiness, and safety.
  • The declaration says one generation cannot take these rights away from future generations.
  • The statement presents natural rights as permanent rights that belong to the people.

Section Two

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.

• Subject: Popular Sovereignty and Public Officials.
• Key Principles:
  • The declaration states that all political power comes from the people, a concept known as “Popular Sovereignty.”
  • Magistrates serve as trustees and servants of the people.
  • Public officials must answer to the people at all times.
  • The statement rejects the idea that government officials hold power for their own benefit.
  • The declaration places the people above the leaders who govern them.

Section Three

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.

• Subject: The Purpose and Reform of Government.
• Key Principles:
  • The declaration says the government should exist for the common benefit, protection, and safety of the people.
  • The best government creates the greatest happiness and safety for the community.
  • The government should protect the people from poor or corrupt rule.
  • The majority of the community has the right to reform, change, or abolish a government that fails its purpose.
  • The declaration says the people may choose the form of government that best serves the public good.

Section Four

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.

• Subject: Public Service and Opposition to Hereditary Office.
• Key Principles:
  • The declaration states that no person or group deserves special benefits from the community unless they perform public service.
  • Public offices should not pass from parent to child.
  • Magistrates should not hold hereditary offices.
  • Legislators should not hold hereditary offices.
  • Judges should not hold hereditary offices.
  • The statement rejects inherited privilege in government.

Section Five

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.

• Subject: Separation of Powers and Regular Elections.
• Key Principles:
  • The declaration says the legislative, executive, and judicial branches of the State should remain separate.
  • Members of the legislative and executive branches should return to private life at fixed times.
  • Public officials should share the burdens faced by the people.
  • Vacancies in government should be filled through frequent, certain, and regular elections.
  • Former government officials may be eligible or ineligible for office again, depending on the law.

Section Six

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.

• Subject: Free Elections and Consent to Taxation.
• Key Principles:
  • The declaration states that elections for representatives should be free.
  • Men with a lasting interest in the community and loyalty to it have the right to vote.
  • The government cannot tax people without their consent or the consent of their elected representatives.
  • The government cannot take property for public use without the consent of the people or their representatives.
  • Laws should bind the people only when they or their representatives have agreed to them for the public good.

Section Seven

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.

• Subject: Limits on Suspending Laws.
• Key Principles:
  • The declaration states that no authority may suspend laws without the consent of the people’s representatives.
  • Suspending laws without consent harms the rights of the people.
  • The statement limits the power of government officials.
  • The declaration protects representative government from abuses of power.
  • The statement opposes rule by officials who act outside the law.

Section Eight

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 judgement of his peers.

• Subject: Rights of the Accused.
• Key Principles:
  • The declaration states that a person accused of a capital or criminal offense has the right to know the cause and nature of the accusation.
  • The accused has the right to face accusers and witnesses.
  • The accused has the right to call for evidence in his favor.
  • The accused has the right to a speedy trial by an impartial local jury.
  • A jury must unanimously agree before it can find the accused guilty.
  • The government cannot force a person to give evidence against himself.
  • The government cannot take away a person’s liberty except through the law of the land or the judgment of his peers.

Section Nine

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

• Subject: Limits on Bail, Fines, and Punishment.
• Key Principles:
  • The declaration states that courts should not require excessive bail.
  • Courts should not impose excessive fines.
  • The government should not inflict cruel and unusual punishments.
  • The statement protects people from unfair punishment by the legal system.
  • The declaration limits the power of judges and government officials in criminal cases.

Section Ten

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.

• Subject: Opposition to General Warrants.
• Key Principles:
  • The declaration states that general warrants are harmful and oppressive.
  • General warrants allowed officers or messengers to search suspected places without proof that a crime had occurred.
  • General warrants allowed officials to seize people who were not named.
  • General warrants allowed officials to act when an offense was not clearly described or supported by evidence.
  • The statement protects people from broad searches and seizures by government officials.

Section Eleven

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.

• Subject: Trial by Jury in Property Disputes.
• Key Principles:
  • The declaration states that trial by jury is the best method for property disputes.
  • Trial by jury also applies to lawsuits between individuals.
  • The statement describes jury trials as an ancient right.
  • The declaration says jury trials should remain protected.
  • The statement connects property rights to the legal protections of the people.

Section Twelve

That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments.

• Subject: Freedom of the Press.
• Key Principles:
  • The declaration states that freedom of the press is one of the greatest protections of liberty.
  • Free expression helps protect the people from government abuse.
  • The statement says only tyrannical governments restrain the press.
  • The declaration treats the press as an essential safeguard for a free society.
  • The statement links liberty to the ability to publish and share information.

Section Thirteen

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.

• Subject: Militia, Standing Armies, and Civilian Control.
• Key Principles:
  • The declaration states that a well-regulated militia should consist of the body of the people trained to use arms.
  • A militia provides the proper, natural, and safe defense of a free State.
  • Standing armies during peacetime threaten liberty.
  • The military must remain under strict control of the civil power.
  • The statement protects the civil government from military rule

Section Fourteen

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.

• Subject: Uniform Government in Virginia.
• Key Principles:
  • The declaration states that the people have a right to a uniform government.
  • No separate government should be created within Virginia’s limits.
  • No independent government should be established within Virginia’s limits.
  • The statement protects the authority of Virginia’s government within its territory.
  • The declaration rejects divided rule within the State.

Section Fifteen

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.

• Subject: Virtue and the Preservation of Liberty.
• Key Principles:
  • The declaration states that free government depends on justice, moderation, self-control, careful use of money, and virtue.
  • The blessings of liberty cannot survive without these civic values.
  • The people must regularly return to basic principles.
  • The statement connects freedom to responsible public behavior.
  • The declaration presents liberty as something citizens must actively preserve.

Section Sixteen

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.

• Subject: Religious Freedom and Conscience.
• Key Principles:
  • The declaration states that religion depends on reason and belief, not force or violence.
  • All men have an equal right to practice religion according to their conscience.
  • The statement protects the free exercise of religion.
  • The declaration says people have a shared duty to practice Christian patience, love, and charity toward one another.
  • The statement rejects forced religious belief.

Adoption

• Adopted unanimously June 12, 1776.
• Virginia Convention of Delegates.
• Drafted by Mr. George Mason.

AP US History

Definition

Virginia Declaration of Rights (1776) — The Virginia Declaration of Rights was adopted unanimously by the Virginia Convention of Delegates on June 12, 1776, and drafted by George Mason. It declared that all men possessed natural rights, including life, liberty, property, happiness, and safety. It also stated that political power came from the people, that the government existed for the common good, that citizens had legal protections, and that people held the right to reform, alter, or abolish a failed government. It influenced the Declaration of Independence, the United States Constitution, and the Bill of Rights.

Alignment

The Virginia Declaration of Rights is part of the following units, topics, and chapters in the AP US History curriculum:

• Philosophical Foundations of the American Revolution (Unit 3.4) 
• The American Revolution (Unit 3.5) 
• The Influence of Revolutionary Ideals (Unit 3.6)
• The Constitutional Convention and Debates over Ratification (Unit 3.8) 
• The Constitution (Unit 3.9)
• The Road to Revolution (1763–1775)
• America Secedes from the Empire (1775–1783)
• The Confederation and the Constitution (1776–1860)