Virginia Declaration
of Rights
June 12, 1776
I 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.
II 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.
III 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.
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 be hereditary.
V 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.
VI 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.
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
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.
IX That excessive
bail ought not to be required, nor excessive fines imposed; nor cruel and unusual
punishments inflicted.
X 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.
XI 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.
XII That the freedom
of the press is one of the greatest 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 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.
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 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.
XVI 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.
Adopted unanimously June
12, 1776 Virginia Convention of Delegates drafted by Mr. George Mason