Historic Document

The Virginia Declaration of Rights

Virginia House of Delegates | 1776

Etching by Albert Rosenthal of George Mason, portrait, 1888.
Background

During the American Revolution, the Continental Congress called on the states to write new constitutions.  Many of these state constitutions included their own Declarations of Rights.  The most influential of these charters of freedom was the Virginia Declaration of Rights—authored primarily by George Mason.  Adopted by the Virginia House of Delegates in June 1776, the Virginia Declaration of Rights was part of the Virginia Constitution.  Later, Thomas Jefferson drew inspiration from the Virginia Declaration’s vision of natural rights when drafting the Declaration of Independence.  State constitution-writers borrowed language from the Virginia Declaration when framing their own state constitutions, including this language on natural rights, social contract theory, and the freedom of conscience.  And a little over a decade later, James Madison kept the Virginia Declaration by his side when crafting a Bill of Rights for the U.S. Constitution.

Excerpt

(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.

(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.

(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, 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. . . .

(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.

(16) 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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