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lords and a king, not a declaration of the rights of charges his sons, on a father's blessing, to be true man, and the fundamental principles on which all to freedom and their country. He was indeed and government should rest. "It was not so much in truth, one of the fathers of this nation. Theretheir intention to secure the liberties of the peo-fore, let every son of free America, as he enters ple at large, as to establish the privileges of a few upon the busy scenes of life, hear and solemnly beindividuals. A great tyrant on the one side, and seech Heaven to fortify him in the faithful observ. a set of petty tyrants on the other, seem to have ace of this sacred charge of one of the most wor. divided the kingdom; and the great body of the thy fathers of this country. people, disregarded and oppressed on all hands, were beholden for any privileges bestowed upon them, to the jealousy of their masters; who, by li miting the authority of each other over their de-A pendents, produced a reciprocal dimunition of their power."

DECLARATION OF RIGHTS. (Copy of the first draught by George Mason.) declaration of rights made by the representa. tives of the good people of Virginia, assembled in full and free convention; which rights do per. tain to them and their posterity, as the basis and foundation of government.

The articles drawn up by the Spanish junta, in the year 1522, under the guidance of the celebrated Padilla, are much more distinct and popular in 1. That all men are created equally free and in. their provisions than those of the English magna dependent, and have certain inherent natural rights, charta. But, although it is admitted, that the prin of which, they cannot, by any compac ́, deprive, or ciples of liberty were ably defended, and better divest their posterity; (▲) among which are the enjoy. understood, at that time in Spain, than they were ment of life and liberty, with the means of acquir. for more than a century after, in England, the ing and possessing property, a d pursuing and ob. power of Charles 5th proved to be irresistable, the taining happpiness and safety. people failed in their attempt to bridle his prerogative, and their liberties were finally crushed.

2. That all power is by God and nature vested in and consequently derived from the people; that magistrates are their trustees and servants, and at all times amenable to them.

The famous English bill of rights, sanctioned by William and Mary on their ascending the throne, and which, under the name of the petition of rights, 3. That government is, or ought to be, instituted appears to have been projected many years before for the common benefi‹, protection and security of by that profound lawyer, sir Edward Coke, like the people, nation, or community. Of all the vamagna charta, and the articles of the Spanish jun-rious modes and forms of government, that is best, ta, is a contract with nobility and royalty, a com- which is capable of producing the greatest degree promise with despotism, in which the voice of the of happiness and safety, and is most effectually sepeople is heard in a tone of disturbed supplication cured against the danger of mal-administration; and and prayer. But in this declaration of Mason's, that whenever any government shall be found inman seems to stand erect in all the majesty of his adequate or contrary to these purposes, a majority nature-to assert the inalienable rights and equali of the community bath an indubitable, unalienable, ty with which he has been endowed by his Creator, and indefeasible right, to reform, alter, or abolish and to declare the fundamental principles by which it, in such manner as shall be judged most conduall rulers should be controuled, and on which all cive to the public weal. governments should rest. The contrast is striking, the difference prodigious. And when I read, at the foot of this curious original, the assertion of its author, that "This Declaration of Rights was the first in America;” I see a manly mind indulging its feelings under a consciousness of having done an ac so permanently and extensively useful. And what feeling can be so exquisitely delightful? what pride more truly virtuous and noble?

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.

5. That the legislative and executive powers of the state should be separate and distinct from the judicial; and that the members of the two first may The principles of liberty filled and warmed the be restrained from oppression, by feeling and parbosom of this venerable patriot in that last bour,ticipating the burthens of the people, they should, which is an awful, and an honest one to us all; it fixed periods, be reduced to a private station, his last will, he speaks in his dying hour, and and return unto that body from which they were

originally taken, and the vacancies be supplied by [frugality and virtue, and by frequent recurrence to frequent, certain and regular elections. (A)fundamental principles.

6. That elections of members, to serve as re- 16. That religion, or the duty which we owe to presentatives of the people in the legislature, ought our Creator, and the manner of discharging it, can to be free, and that all men having sufficient evi- be directed only by reason and conviction, not by dence of permanent common interest with, and at- force or violence, and, therefore that all men should tachment to the community, have the right of suff-enjoy the fullest toleration in the exercise of religion, rage; and cannot be taxed, or deprived of their according to the dictates of conscience, unpunished 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 common good.

7. That all power of suspending laws, or the execution of laws, by any authority, without con sent of the representatives of the people, is inju rious 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 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; and 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. (This article was inserted by the convention.)

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 despotic governments.

13. That a well regulated militia, composed of the body of the people trained to arms, is the praper, 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.

and unrestrained by the magistrate; unless under color of religion, any man disturb the peace, the happiness, or the safety of society: And that it is the mutual duty of all to practise Christian forbearance, love, and charity towards each other.

"This declaration of rights was the first in Ame rica; it received few alterations or additions in the Virginia convention, (some of them not for the better,) and was afterwards closely imitated by the other United States."

The foregoing was copied verbatim from the original, in the hand writing of the author, col. George Mason, of Virginia, left in the possession of his son, gen. John Mason, of Georgetown. In order to facilitate the comparison of it with that which was adopted by the convention, and is still in force, it has been thought proper to number the articles as in the adopted declaration, omitting the 10th and 14th which were inserted entire by the convention; and to place those words in italics which were either expunged or altered, and to put a caret where others were added.

"Virginia, Gunston-Hall, Oct. 2d, 1778. My dear sir.-It gave me great pleasure, upon receipt of your favor of the 23d of April, (by Mr. Digges) to hear that you are alive and well, in a country, where you can spend your time agreeably; not having heard a word from you, or of you, for two years before. I am much obliged, by the friendly concern you take in my domestic affairs, and your kind enquiry after my family: great alterations have happened in it. About four years ago I had the misfortune to lose my wife: to you, who knew her, and the happy manner in which we lived, I will not attempt to describe my feelings: I was scarce able to bear the first shock, a depression of spirits, a settled melancholy followed, from which I never expect, or desire to recover. I determined

14. (This article also was inserted by the con- to spend the remainder of my days in privacy and

vention.)

retirement with my children, from whose society 15. That no free government, or the blessing of alone, I could expect comfort. Some of them, are liberty, can be preserved to any people, but by a now grown up to men and women; and I have the firin adherence to justice, moderation, temperance, satisfaction to see them free from vices, good-na

tured, obliging and dutiful: they all still live with Pennsylvania; the first having three branches of me, and remain single, except my second daughter, legislature, and the last only one; all the other who is lately married to my neighbor――son.states have two: this difference has given general My eldest daughter (who is blessed with her mo- disgust, and it is probable an alteration will soon ther's amiable disposition) is mistress of my fami- take place, to assimilate these to the constitutions ly, and manages my little domestic matters, with of the other states. We have laid our new goa degree of prudence far above her years. My vernment upon a broad foundation, and have eneldest son engaged early in the American cause, deavored to provide the most effectual securities and was chosen ensign of the first independent com- for the essential rights of human nature, both in pany formed in Virginia, or indeed on the conti- civil and religious liberty; the people become every nent; it was commanded by the present general day more and more attached to it; and I trust that Washington as captain, and consisted entirely of neither the power of Great Britain, nor the power gentlemen. In the year 1775, he was appointed a of hell will be able to prevail against it. captain of foot, in one of the first minute-regiments There never was an idler or a falser notion, than raised here; but was soon obliged to quit the ser- that which the British ministry have imposed upon vice, by a violent rheumatic disorder; which has the nation, that this great revolution has been the followed him ever since, and, I believe will force work of a faction, of a junto of ambitious men him to try the climate of France or Italy. My other sons have not yet finished their education: as soon as they do, if the war continues, they seem strongly inclined to take an active part.

against the sense of the people of America. On the contrary, nothing has been done without the approbation of the people, who have indeed outrun their leaders; so that no capital measure hath In the summer of '75, I was, much against my in- been adopted, until they called loudly for it: to clination, drag'd out of my retirement, by the peo any one who knows mankind, there needs no ple of my county and sent a delegate to the gene-greater proof than the cordial manner in which ral convention at Richmond; where I was appoint-they have co-operated, and the patience and per. ed a member of the first committee of safety; and severance with which they have struggled under have since, at different times, been chosen a mem- their sufferings; which have been greater than you, ber of the privy-council, and of the American con-at a distance can conceive, or I describe. Equally gress; but have constantly declined acting in any false is the assertion that independence was origiother public character than that of an independent |nally designed here: things have gone such lengths, representative of the people, in the house of dele- that it is a matter of moon-shine to us, whether ingates; where I still remain, from a consciousness dependence was at first intended, or not, and thereof being able to do my country more service there, fore we may now be believed. The truth is, we than in any other department, and have ever since have been forced into it, as the only means of selfdevoted most of my time to public business; to preservation, to guard our country and posterity the no small neglect and injury of my private from the greatest of all evils, such another infernal fortune: but if I can only live to see the American government (if it deserves the name of govern union firmly fixed, and free governments well es- ment) as the provinces groaned under, in the latter tablished in our western world, and can leave to ages of the Roman commonwealth. To talk of my children but a crust of bread and liberty, I replacing us in the situation of 1763, as we first shall die satisfied; and say, with the psalmist, "Lord asked, is to the last degree absurd, and impossible: now lettest thou thy servant depart in peace."- they obstinately refused it, while it was in their To show you that I have not been an idle spectator power, and now, that it is out of their power, they of this great contest, and to amuse you with the offer it. Can they raise our cities out of their ashsentiments of an old friend upon an important sub-es? Can they replace, in ease and affluence; the ject, I enclose you a copy of the first draught of the declaration of rights, just as it was drawn and pre. sented by me, to the Virginia convention, where it received few alterations; some of them I think not for the better: this was the first thing of the kind upon the continent, and has been closely imitated by all the states. There is a remarkable sameness in all the forms of government throughout the American union, except in the states of South Carolina and

thousands of families whom they have ruined? Can they restore the husband to the widow, the child to the parent, or the father to the orphan? In a word, can they reanimate the dead?—Our country has been made a scene of desolation and bloodenormities and cruelties have been committed here, which not only disgrace the British name, but dis. honor the human kind, we can never again trust a people who have thus used us; human nature re

volts at the idea!-The die is cast—the Rubicon is \pects brighten, and appearances are strongly in passed-and a reconciliation with Great Britain, our favor. The British ministry must and will ac-, upon the terms of returning to her government, is knowledge us independent states."

impossible.

No man was more warmly attached to the Hano. ver family and the whig interest of England, than I was, and few men had stronger prejudices in favor of that form of government under which I was born and bred, or a greater aversion to changing it; it was ever my opinion that no good man would wish to try so dangerous an experiment upon any speculative notions whatsoever, without an absolute necessity.

An extract from the copy of a letter from col. George
Mason to his son Mr. George Mason, then in
France, dated 1781, the original of which was put
into the hands of the Count de Vergennes by Dr.
Franklin.

“Our affairs have been, for some time, growing from bad to worse. The enemy's fleet commands our rivers, and puts it in their power to remove their troops, from place to place, when and where they please without opposition; so that we no sooner

The ancient poets, in their elegant manner of ex-collect a force sufficient to counteract them in one pression, have made a kind of being of necessity, part of the country, but they shift to another, and tell us that the Gods themselves are obliged to yield to her.

ravaging, plundering, and destroying every thing before them. Our militia turn out with great spirit, When I was first a member of the convention, I and have, in several late actions, behaved bravely; exerted myself to prevent a confiscation of the but they are badly armed and appointed. General and altho' I was for putting the country imme. Green with about 1200 regular troops and some diately into a state of defence, and preparing for militia, is in South Carolina; where he has taken the worst; yet as long as we had any well founded all the enemy's posts, except Charleston. The hopes of reconciliation, I opposed to the utmost of enemy's capital object, at this time, seems to be my power, all violent measures, and such as might Virginia. General Philips died lately in Petersshut the door to it: but when reconciliation became burg; upon which the command of the British a lost hope, when unconditional submission, or ef- troops then devolved upon Arnold. But lord Cornfectual resistance were the only alternatives left wallis, quitting North Carolina, has since joined us, when the last dutiful and humble petition from Arnold, with about 1200 infantry and 300 cavalry, congress received no other answer than declaring us and taken the chief command of their army in rebels, and out of the king's protection, I, from that Virginia, now consisting of about 5000 men. They moment, looked forward to a revolution and inde. have crossed James river, and by the latest acpendence, as the only means of salvation; and will counts were at Westover; their light horse baving risque the last penny of my fortune, and the last advanced as far as Hanover court house. They drop of my blood upon the issue: for to imagine that have burnt Page's warehouses, where the greatest we could resist the efforts of Great Britain, still part of the York River tobacco was collected; they professing ourselves her subjects, or support a de- had before burned most of the tobacco upon James fensive war against a powerful nation, without the reins of government in the hands of America (whatever our pretended friends in Great Britain may say of it) is too childish and futile an idea to enter into the head of any man of sense. I am not singular in my opinions; these are the sentiments of more than nine tenths of the best men in America.

river, and have plundered great part of the adjacent country: The Marquis de la Fayette is about twenty miles below Fredericksburg with about 1200 regulars and 3000 militia, waiting the arrival of general Wayne, with about 1500 regular troops of the Pennsylvania line.

"We have had various accounts of the sailing of a French fleet, with a body of land forces, for America; should they really arrive it would quickly change the face of our affairs, and infuse fresh spirits and confidence; but it has been so long expected in vain, that little credit is now given to reports concerning it.

God has been pleased to bless our endeavors, in a just cause, with remarkable success. To us upon the spot, who have seen step by step the progress of this great contest, who know the defenceless state of America in the beginning, and the numberless difficulties we have had to struggle “You know, from your own acquaintance in this with, taking a retrospective view of what is passed, part of Virginia, that the bulk of the people here we seem to have been treading upon enchanted are staunch whigs; strongly attached to the Ameriground. The case is now altered. American pros-can cause, and well affected to the French alliances

yet they grow uneasy and restless, and begin to, and two crops uninspected; so that if a peace hapthink, that our allies are spinning out the war, in pens, it will find me plentyful handed in the artiorder to weaken America, as well as Great Britain, cle of tobacco, which will then be very valuable. and thereby leave us at the end of it, as dependent The money it has cost you to relieve the distresses as possible upon themselves. of your unfortunate countrymen was worthily ex

"However unjust this opinion may be, it is natural pended, and you will receive retribution, with large enough for planters and farmers, burthened with interest, in Heaven-but in order to shorten the heavy taxes, and frequently dragged from their time of credit and also to entitle myself to some families upon military duty on the continual alarms proportion of the merit, I shall insist upon replacoccasioned by the superiority of the British fleet. ing to you every shilling of it here; I hope you will therefore keep an exact account of it. They see their property daily exposed to destruction, they see with what facility the British troops are removed from one part of the continent to another, and with what infinite charge and fatigue our's are, too late, obliged to follow; and they see too, very plainly, that a strong French fleet would have prevented all this.

I beg you will freely communicate to me the situation of your affairs; and if there should be a necessity of making you remittances, I will endeavor to do it at all events, though it must be by selling some of the produce of my estate at an under value. I am now pretty far advanced in life, and all my views are centered in the happiness and welfare

“If our allies had a superior fleet here, I should of my children-you will therefore find from me

have no doubt of a favorable issue to the war; but, without it, I fear we are deceiving both them and ourselves, in expecting we shall be able to keep our people much longer firm, in so unequal an opposition to Great Britain.

every indulgence which you have a right to expect from an affectionate parent.

I have been for some time in retirement and shall not probably return again to public life; my anxiety for my country, in these times of danger, makes "France surely intends the separation of these me sometimes dabble a little in politics, and keep states, forever, from Great Britain. It is highly up a correspondence with some men upon the her interest to accomplish this; but, by drawing public stage. You know I am not apt to form opiout the thread too fine and long, it may unexnions lightly and without due examination. And pectely break in her hands.

“God bless you, my dear child; and grant that we may again meet, in your native country, as freemen; otherwise, that we may never see each other more, is the prayer of

I can venture to say that the French court and nation, may confide in the honor and good faith of America; we reflect with gratitude on the important aids France has given us; but she must not, and I hope will not, attempt to lead us into a war of ambition or conquest, or trail us around the mysterious circle of European politics. We have little news worth communicating-nothing Extract of a letter from col. George Mason to his of consequence has happened here this campaign; Son, then in France, dated Jan. 8th 1783.

Your affectionate father,

G. MASON."

the enemy having generally kept close within "As to the money you have spent in Europe, their lines, and the American army not strong previded you can satify me that has not been spent enough to force them. We have a long time exin extravagance, dissipation or idle parade, I don't pected the evacuation of Charlestown; the enemy regard it. It is true, I have a large family to provide having dismantled their out-works and embarked for; and that I am determined from motives of their heavy artillery and some of their troops.morality and duty to do justice to them all; it is However, by the last accounts (in December) they certain also that I have not lost less than £10,000 bad still a garrison there. By late accounts from sterling by the war, in the depreciation of paper Kentucky, we are informed that general Clarke money and the loss of the profits of my estate; but with 1200 volunteers, had crosed the Ohio river think this a cheap purchase of liberty and indepen. and destroyed six of the Shawnese towns, destroydence. I thank God, I have been able, by adopting ing also about 2,000 barrels of their corn and bringprinciples of strict economy and frugality, to keep ing off furs and other plunder to the value of my principal, I mean my country estate, unimpaired £3,000, which was sold and the money divided and I have suffered little by the depredations of among his men; this will probably drive these the enemy. I have at this time, two years rents savages near the Lakes or the Mississippi. Upon (you know mine are all tobacco rents) in arrear Clark's return the Chickasaws sent deputies to

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