Even before Congress declared independence, the process of creating new governments was well under way. Meeting in what they called a "full and free convention," the "representatives of the good people of Virginia" voted this declaration of rights. It was, the convention declared, to serve as the "basis and foundation of government." The declaration was drafted by George Mason—though Patrick Henry wrote the article on religious freedom.
Note the similarity to the thoughts expressed in Jefferson's far more famous Declaration.
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 when 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.
4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of publick services; which, not being descendible, neither ought the offices of magistrate, legislator or judge to be hereditary.
5. That the legislative and executive powers of the state should be separate and distinct from the judiciary; 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.
6. 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 publick uses, without their own consent, of that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the public good.
7. 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.
8. 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 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.
9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
10. 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.
11. 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.
12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotick governments.
13. 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.
14. 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.
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 only 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 practise Christian forbearance, love, and charity towards each other.
Blacks Petition Against Taxation Without Representation
March 14, 1780
In 1780, seven African-American residents of Dartmouth, Massachusetts, presented the foiiowing very thoughtful petition to the legislature. Their protest was simple: They were being taxed and were not allowed to vote. The relationship between taxation and representation, they pointed out, was "too well known to need a recital in this place."
To the Honorable Council and House of Representatives in General Court assembled for the State of Massachusetts Bay in New England, March 14, 1780. The petition of several poor Negroes and Mulattos who are inhabitants of the town of Dartmouth humbly sheweth: That we being chiefly of the African extract and by reason of long bondage and hard slavery we have been deprived of enjoying the profits of our labor or the advantage of inheriting estates from our parents as our neighbors the white people do (having some of us not long enjoyed our own freedom), and yet of late, contrary to the invariable custom and practice of the country, we have been and now are taxed both in our polls and that small pittance of estate which through much hard labor and industry we have got together to sustain our selves and families withal.
We apprehend it therefore to be hard usage. . . and doubtless will reduce us to beggary, whereby we shall become a burden to others if not timely prevented by the interposition of your justice and power.
And your petitioners further show that we apprehend ourselves to be aggrieved, in that while we are not allowed the privilege of freemen of the state, having no vote or influence in the election of those that tax us, yet many of our color (as is well known) have cheerfully entered the field of battle in the defense of the common cause, and that (as we conceive) against a similar exertion of power (in regard to taxation) too well known to need a recital in this place.
Thomas Jefferson drafted this act in 1777, and it was finaiiy enacted in 1786. It is one of three achievements for which Jefferson wanted to be remembered—the others being the Declaration of Independence and his founding of the University of Virginia. They are listed on his tombstone at Monti-ceUo in accordance with his request.
Section I. Well aware that the opinions and belief of men depend not on their own will, but follow involuntarily the evidence proposed to their minds; that Almighty God hath created the mind free, and manifested his supreme will that free it shall remain by making it altogether insusceptible of restraint; that all attempts to influence it by temporal punishments, or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the holy author of our religion; . . . that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern and whose powers he feels most persuasive to righteousness; _ that our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry; and therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust or emolument, unless he profess or renounce this or that religious opinion, is depriving him injudiciously of those privileges and advantages to which, in common with his fellow citizens, he has a natural right; . . . that the opinion of men are not the object of civil government, nor under its jurisdictions that to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles on supposition of their ill tendency is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency will make his opinions the rule of judgment and approve or condemn the sentiments of others only as they shall square with differ from his own; that it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate; errors ceasing to be dangerous when it is permitted freely to contradict them.
Section II. We the General Assembly of Virginia do enact that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or beliefs; but that all men shall be free to profess, and by argument to maintain. their opinions in matters of religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities.
Section III. And though we well know that this Assembly, elected by the people for their ordinary purposes of legislation only, have no power to restrain acts of succeeding Assemblies, constituted and with powers equal to our own, and that therefore to declare this act to be irrevocable would be, of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present or to narrow its operations, such act will be an infringement of natural right.
World History
