Virginia Declaration of Rights
The Virginia Declaration of Rights, adopted in June 1776, is a foundational document asserting the inherent rights of individuals and outlining the responsibilities of government to protect those rights. Created during a period of growing discontent with British rule, it emphasized principles such as personal liberty, the separation of government powers, and the importance of free elections. Authored primarily by George Mason, the Declaration articulated key rights, many of which would later influence the U.S. Bill of Rights and other significant declarations, including the French Declaration of the Rights of Man.
The Declaration consists of sixteen sections that touch upon various rights and liberties, such as due process, the right to bear arms, freedom of the press, and the equal exercise of religion. It stands out for its acknowledgment of inherent equality, despite the historical context of slavery in Virginia. The document has been recognized for its role in shaping the legal and philosophical landscape of rights in the United States. Its adoption marked a pivotal moment in American history, reflecting the aspirations of a society seeking to define itself through democratic ideals and individual freedoms.
Virginia Declaration of Rights
- Description: The sixteen sections of the Virginia Declaration of Rights, adopted by the state of Virginia’s constitutional convention in June 1776, asserted the doctrine of inherent rights and enumerated a large number of specific rights and liberties that governments should respect.
- Significance: The document profoundly influenced the content of the US Bill of Rights, as well as the Declaration of Independence, the French Declaration of the Rights of Man, and various other bills of rights of other state constitutions.
On May 15, 1776, The Virginia Convention unanimously endorsed independence from Great Britain and authorized a committee to prepare a plan of government and a Declaration of Rights. George Mason (1725-92), a wealthy landowner and a self-taught lawyer, was the principal author of both the resulting state constitution and its accompanying declaration, although his friend, Thomas Ludwell Lee (1730-78), also played an important part in drafting the document. After making a number of rhetorical changes, the convention unanimously adopted the Declaration on June 12, 1776.
Section 1 of the Declaration asserted that “all men are born free and independent and have certain inherent rights,” including “the enjoyment of life and liberty, with the means of acquiring and possessing property.” It then acknowledged that governmental power “derived from the people,” that the three branches of government should be separate, that elections of representatives “ought to be free,” and that elective representatives should have the exclusive power of making or suspending laws.
At least seventeen items in the Virginia Declaration closely resembled provisions that America's fourth president, James Madison (1751-1836), would later include in the US Bill of Rights. Section 8 specified “that no man be deprived of his liberty except by the law of the land,” which was similar to the due process clause of the Fifth Amendment. In addition, Section 8 recognized a privilege against self-incrimination and other rights of criminal defendants that were found in the Fifth and Sixth Amendments. Section 11 proclaimed that the practice of trial by jury “is preferable to any other and ought to be held sacred.” The prohibitions of “cruel and unusual punishments,” “excessive bail,” and “excessive fines” in Section 9 were identical to those of the amendment. Section 10 made requirements for search warrants that resemble the Fourth Amendment. Section 12 recognized the freedom of the press as “one of the great bulwarks of liberty.” Section 13 proclaimed that people should be “trained in arms” in order to have a “well-regulated militia” and avoid the evils of standing armies. Finally, Section 16 acknowledged that “all men are equally entitled to the free exercise of religion, according to the dictates of conscience,” a freedom which was expressed more concisely in the First Amendment.
The Virginia Declaration of Rights differed from the US Bill of Rights in a number of items, especially its explicit recognition of inherent equalitydespite the practice of slaveryits usage of the word “ought,” and its references to the positive duties of citizenship.
In 1787, the man most responsible for Virginia’s Declaration, George Mason, became one of the most vociferous critics of the new US Constitution because of its lack of a Bill of Rights.
Bibliography
Broadwater, Jeff. George Mason, Forgotten Founder. University of North Carolina Press, 2006.
"The Declaration of Independence (1776)." Bill of Rights Institute, www.billofrightsinstitute.org/founding-documents/declaration-of-independence. Accessed 1 Oct. 2024.
"The Document That Inspired the Declaration of Independence." The Heritage Foundation, 10 July 2023, www.heritage.org/american-founders/commentary/the-document-inspired-the-declaration-independence. Accessed 1 Oct. 2024.
"The Virginia Declaration of Rights." U.S. National Archives and Records Administration, www.archives.gov/founding-docs/virginia-declaration-of-rights. Accessed 1 Oct. 2024.