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of Rights, as adopted June 12, 1776, was drafted by George Mason,* and is as follows:

A DECLARATION of rights made by the representatives of the good people of Virginia, assembled in full and free convention; which rights do pertain to them and their posterity as the basis and foundation of government.

SECTION 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.

SEC. 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.

SEC. 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 govern ment shall be found inadequate or contrary to these purposes, a majority of the community hath an indutiable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.

SEC. 4. 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 to be hereditary.

SEC. 5. That the legislative and executive powers of the State should be separate and dis

Gay, Life of James Madison, pp. 16-18. The text of the declaration of rights as adopted June 12 will be found in Henry, Life of Patrick Henry, vol. ii., pp. 648-650; on the proceedings connected with it see vol. i., p. 409 et seq. See also Hannis Taylor, Origin and Growth of the American Constitution, App. viii.

*A manuscript and printed copy of this Declaration was also found in Madison's papers. See Madison's Works (Congress ed.), vol. i., p. 21.

tinct from the judiciary, and that the members of the two first may be restrained from oppression, by feeling and participating the burdens 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.

SEC. 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 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.

SEC. 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.

SEC. 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 favor, and to a speedy trial by an impartial jury of twelve men of his vicinage. without whose unanimous consent he can not 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.

SEC. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SEC. 10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fault 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.

SEC. 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.

SEC. 12. That freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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 practice Christian forbearance, love, and charity towards each other.

In Massachusetts the time was approaching when new representatives should be elected, and on May 10 the General Assembly directed that the people of the colony should instruct these representatives as to whether or not they desired independence, and what steps they wished to be taken regarding this matter. On May 23 the inhabitants of Boston instructed their representatives in the General Assembly to use their utmost endeavors to secure the passage of resolutions instructing the delegates in Congress to vote for independence. They said that in case Congress should think it necessary, for the safety of the United Colonies, to declare themselves independent of Great Britain, the inhabitants of that colony

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On May 4 the Assembly of Rhode Island not only directed that the oath of allegiance be taken to the colony, thereby severing the bond with the mother country, but also instructed the delegates in Congress to join with the other colonies "upon the most proper measures, for promoting and confirming the strictest union and confederation between the colonies, for exerting their whole strength and force to annoy the common enemy, and to secure to the said colonies, their rights and liberties, both civil and religious; whether by entering into treaties with any prince, state, or potentate; or by such other prudent and effectual ways and means, as should be devised and agreed upon; and, in conjunction with the delegates from the United Colonies, to enter upon and attempt all such measures

actually and legally to renounce her allegiance to Great Britain.*

To Richard Henry Lee, of Virginia, belongs the honor of bringing the subject of independence directly before Congress. On June 7, 1776, he submitted a resolution declaring "that the United Colonies are and ought to be free and independent States; that they are absolved from all allegiance to the British crown; and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved."† Action upon his resolution was postponed until the next day, so that every member of Congress might be present to take it under consideration. the 8th the resolution was debated in the Committee of the Whole. Mr. Lee and John Adams were particularly distinguished in supporting the resolution, while John Dickinson and James Wilson of Pennsylvania, Edward Rutledge of South Carolina, and Robert Livingston of New York, strongly opposed its adoption.|| In spite of opposition, however, the resolution was adopted by a majority of the colonies. The Pennsylvania and Maryland delegates had been in

On

* Bates, Rhode Island and the Formation of the Union, p. 62 et seq.

Journals of Congress, vol. i., pp. 368-369; Frothingham, Rise of the Republic, pp. 513-514; Force, American Archives, 4th series, vol. vi., pp. 1699, 1728-1729.

Ford's ed. of Jefferson's Writings, vol. i., p. 19. McCrady, South Carolina in the Revolution, p. 168 et seq.; Ford's ed. of Jefferson's Writings, vol. i., p. 19 et seq., where a resumé of the arguments is given.

structed to oppose it, while the delegates from some of the other colonies had not been given specific instructions on the subject. Jefferson said that certain of the colonies (New York, New Jersey, Pennsylvania, Delaware, Maryland and South Carolina) "were not yet matured for falling from the parent stem, but that they were fast advancing to that state."* In order to give time for greater unanimity, the resolution was postponed until July 1. In the meantime, a committee, consisting of Franklin, John Adams, Thomas Jefferson, Robert R. Livingston, and Roger Sherman, was appointed to make a draft of a Declaration of Independence,† and while the delegates were waiting, measures were taken to procure the assent of such colonies as had not already instructed their delegates to favor the measure.‡

On June 8 the delegates from New York sent an express to the Convention of that colony asking their advice as to how they should act on the subject of independence, which was soon to be brought before Congress. The Convention, however, did not consider that they or their delegates were authorized to declare the colony

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* Ford's ed. of Jefferson's Writings, vol. i., p.

Writings of Thomas Jefferson, vol. i., p. 10; Elliot, Debates on the Constitution, vol. i., pp. 84-88; Trevelyan, American Revolution, vol. ii., pp. 155–157; Page, The Old Dominion, pp. 190193; Weld, Life of Franklin, p. 484.

Van Tyne, American Revolution, p. 72 et seq.; Frothingham, pp. 514-517; Hildreth, History of the United States, vol. iii., pp. 133-134.