2 property, and pursuing and obtaining happiness and safety. 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. 1. 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 administration; and that whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable 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 considera~tion 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 be restrained from oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, and return unto that body from which they were originally taken, and vacancies be supplied by frequent, certain and regular election. (^)— 6. That elections of members, to serve as representatives of the people in the legislature, 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 common 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 favor, and to a speedy trial by an impartial jury of his vicinage, without unani | mous 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.) II. 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 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. (This article also was inserted by the convention.) 15. That no free government, or the blessing 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 that all men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience, unpunished 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 toward each other. "This declaration of rights was the first in America; 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, 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 tenth and fourteenth 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. LETTER FROM GEORGE MASON. In the summer of '75, I was, much against my inclination, drag'd out of my retirement, by the people of my county and sent a delegate to the general convention at Richmond; where I was appointed a member of the first committee of safety; and have since, at different times, been chosen a member of the privy-council, and of the American congress; but have constantly declined acting in any other public character than that of an independent representative of the people, in the house of delegates; where I still remain, from a consciousness of being able to do my country more service there, than in any other department, and have ever since devoted most of my time to public business; to the no small neglect and injury of my private fortune; but if I can only live to see the American union firmly fixed, and free governments well established in our western world, and can leave to my children but a crust of bread and liberty, I shall die satisfied; and say, with the psalmist, “Lord now lettest thou thy servant depart in peace." "VIRGINIA, GUNSTON-HALL, Oct. 2, 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-To show you that I have not been an idle 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 to spend the remainder of my days in privacy and retirement with my children, from whose society alone, I could expect comfort. Some of them are now grown up to men and women; and I have the satisfaction to see them free from vices, good-natured, obliging and dutiful: they all still live with me, and remain single, except my second daughter, who is lately married to my neighbor son. My eldest daughter (who is blessed with her mother's amiable disposition) is mistress of my family, and manages my little domestic matters, with a degree of prudence far above her years. My eldest son engaged early in the American cause, and was chosen ensign of the first independent company formed in Virginia, or indeed on the continent; it was commanded by the present general Washington as captain, and consisted entirely of gentlemen. In the year 1775, he was appointed a captain of foot, in one of the first minute-regiments raised here; but was soon obliged to quit the service, by a violent rheumatic disorder; which has followed him ever since, and, I believe will force 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. spectator of this great contest, and to amuse you with the sentiments of an old friend upon an important subject, I enclose you a copy of the first draught of the declaration of rights, just as it was drawn and presented 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 Pennsylvania; the first having three branches of legislature, and the last only one; all the other states have two: this difference has given general disgust, and it is probable an alteration will take place, to assimilate these to the constitutions of the other states. We have laid our new government upon a broad foundation, and have endeavored to provide the most effectual securities for the essential rights of human nature, both in civil and religious liberty; the people become every day more and more attached to it; and I trust that neither the power of Great Britain, nor the power of hell will be able to prevail against it. There never was an idler or a falser notion, than that which the British ministry have imposed upon the nation, that this great revolution has been the work of a faction, of a junto of ambitious men against the sense of the people of America. On the contrary, nothing has been done without the approbation of the the and although I was for putting the country immediately into a state of defence, and preparing for the worst; yet as long as we had any well founded hopes of reconciliation, I measures, and such as might shut the door to it; but when reconciliation became a lost hope, when unconditional submission, or effectual resistance were the only alternatives left us, when the last dutiful and humble petition from congress received no other answer than declaring us rebels, and out of the king's protection, I, from that moment, looked forward to a revo salvation; and will risk the last penny of my fortune, and the last drop of my blood upon the issue: for to imagine that we could resist the efforts of Great Britain, still professing ourselves her subjects, or support a defensive 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. people, who have indeed outrun their leaders: so that no capital measure hath been adopted until they called loudly for it: to any one who knows mankind, there needs no greater proof than the cordial manner in which they have co-opposed to the utmost of my power, all violent operated, and the patience and perseverance with which they have struggled under their sufferings; which have been greater than you, at a distance can conceive, or I describe. | Equally false is the assertion that independence was originally designed here: things have gone such lengths, that it is a matter of moonshine to us, whether independence was at first intended, or not, and therefore we may now belution and independence, as the only means of believed. The truth is, we have been forced into it, as the only means of self-preservation, to guard our country and posterity from the greatest of all evils, such another infernal government (if it deserves the name of government) as the provinces groaned under, in the latter ages of the Roman commonwealth. To talk of replacing us in the situation of 1763, as we first asked, is to the last degree absurd, | and impossible: they obstinately refused it, while it was in their power, and now, that it is out of their power, they offer it. Can they raise our cities out of their ashes? Can they replace, in ease and affluence; the 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 blood-enormities and cruelties have been committed here, which not only disgrace the British name, but dishonor the human kind, we can never again trust a people who have thus used us; human nature revolts at the idea! The die is cast the Rubicon is passed-and a reconciliation with Great Britain, upon the terms of returning to her government is impossible. No man was more warmly attached to the Hanover 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. The ancient poets, in their elegant manner of expression, have made a kind of being of necessity, and tell us that the Gods themselves are obliged to yield to her. When I was first a member of the convention, I exerted myself to prevent a confiscation of God has been pleased to bless our endeavors, in a just cause, with remarkable success. Το 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 with, taking a retrospective view of what is passed, we seem to have been treading upon enchanted ground. The case is now altered. American prospects brighten, and appearances are strongly in our favor. The British ministry must and will acknowledge us independent states." GEORGE MASON TO HIS SON. 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, grow. ing 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 collect a force sufficient to counteract them in one part of the country, but they shift to another, ravaging, plundering, and destroying every thing before "France surely intends the separation of these states, forever, from Great Britain. It is highly her interest to accomplish this; but by drawing out the thread too fine and long, it may unexpectedly 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 Your affectionate father, them. Our militia turn out with great spirit, "If our allies had a superior fleet here, I and have, in several late actions, behaved | should have no doubt of a favorable issue to the bravely; but they are badly armed and ap- war: but, without it, I fear we are deceiving pointed. General Greene with about 1200 both them and ourselves, in expecting we shall regular troops and some militia, is in South be able to keep our people much longer firm, Carolina: where he has taken all the enemy's in so unequal an opposition to Great Britain. posts, except Charleston. The enemy's capital object, at this time, seems to be Virginia. Gen- ❘ eral Phillips died lately in Petersburg; upon which the command of the British troops then devolved upon Arnold. But lord Cornwallis, quitting North Carolina, has since joined Arnold, with about 1200 infantry and 300 cavalry, and taken the chief command of their army in Virginia, now consisting of about 5000 men. They have crossed James river, and by the latest accounts were at Westover; their light horse having advanced as far as Hanover court house. They have burnt Page's warehouses, where the greatest part of the GEORGE MASON TO HIS SON THEN IN FRANCE, York River tobacco was collected; they had before burned most of the tobacco upon James river, and have plundered great part of the "As to the money you have spent in Europe, adjacent country. The Marquis de la Fayette provided you can satisfy me that it has not is about twenty miles below Fredericksburg been spent in extravagance, dissipation or idle with about 1200 regulars and 3000 militia, wait- | parade, I don't regard it. It is true, I have a ing the arrival of general Wayne, with about | large family to provide for; and that I am 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. 'However unjust this opinion may be, it is natural enough for planters and farmers, burthened with heavy taxes, and frequently dragged from their families upon military duty on the continual alarms occasioned by the superiority of the British fleet. 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 ours are, too late, obliged to follow; and they see too, very plainly, that a strong French fleet would have prevented all this. G. MASON." DATED JAN. 8, 1783. determined from motives of morality and duty to do justice to them all; it is certain also that I have not lost less than £10,000 sterling by the war, in the depreciation of paper money and the loss of the profits of my estate; but think this a cheap purchase of liberty and independence. I thank God, I have been able, by adopting principles of strict economy and frugality, to keep my principal, I mean my country estate, unimpaired, and I have suffered little by the depredations of the enemy. I have at this time, two years' rents (you know mine are all tobacco rents) in arrear and two crops uninspected; so that if a peace happens, it will find me plentiful handed in the article of tobacco, which will then be very valuable. The money it has cost you to relieve the distresses of your unfortunate countrymen was worthily expended, and you will receive retribution, with large interest, in heaven-but in order to shorten the time of credit and also to entitle myself to some proportion of the merit, I shall insist upon replacing to you every shilling of it here. I hope you will therefore keep an exact account of it. "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 undervalue. I am now pretty far advanced in life, and all my GEORGE MASON TO A FRIEND, Extract of a letter from colonel George Mason, of Virginia (while serving in the general convention), to a friend in that state. PHILADELPHIA, June 1st, 1787. "The idea I formerly mentioned to you, before the convention met, of a great national council, consisting of two branches of the legislature, a judiciary and an executive, upon the principle of fair representation in the legislature, with powers adapted to the great objects of the union, and consequently a control in these instances, on the state legislatures, is still the prevalent one. Virginia has had the honor of presenting the outlines of the plan, upon which the convention is proceeding; but so slowly, that it is impossible to judge when the business will be finished; most probably not before August-festina lente may very well be called our motto. When I first came here, judging from casual conversations with gentlemen from the different states, I was very apprehensive that, soured and disgusted with the unexpected evils we had experienced from the democratic principles of our governments, we should be apt to run into the opposite extreme, and in endeavoring to steer too far from Scylla, we might be drawn into the vortex of Charybdis, of which I still think, there is some danger; though I have the pleasure to find in the convention, many men of fine republican principles. America has certainly, upon this occasion, drawn forth her first characters; there are upon this convention many gentlemen of the most respectable abilities; and, so far as I can yet discover, of the purest inten 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 me sometimes dabble a little in politics, and keep up a correspondence with some men upon the public stage. You know I am not apt to form opinions lightly and without due examination. And 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 of consequence has happened here this campaign; the enemy having generally kept close within their lines, and the American army not strong enough to force them. We have a long time expected the evacuation of Charlestown; the enemy have dismantled their out works and embarked their heavy artillery and some of their troops. However, by the last accounts (in December) they had still a garrison there. By late accounts from Kentucky, we are informed that general Clarke with 1200 volun- | teers had crossed the Ohio river and destroyed six of the Shawnese towns, destroying also about 2,000 barrels of their corn and bringing off furs and other plunder to the value of £3,000, which was sold and the money divided among his men; this will probably drive these savagestions; the eyes of the United States are turned near the Lakes or the Mississippi. Upon Clarke's return the Chickasaws sent deputies to him to treat for peace. Every thing was quiet in the new settlements, and upwards of 5,000 souls have been added to them since last September. The people there are extremely uneasy lest the free navigation of the river Mississippi to the sea should not be secured to them upon a treaty of peace; if it is not, it will occasion another war in less than seven years: the inhabitants think they have a natural right to the free, though not the exclusive navigation of that river; and in a few years they will be strong enough to enforce that right.” upon this assembly, and their expectations raised to a very anxious degree. May God grant, we may be able to gratify them by establishing a wise and just government. For my own part, I never before felt myself in such a situation; and declare, I would not, upon pecuniary motives, serve in this convention for a thousand pounds per day. The revolt from Great Britain, and the formations of our new governments at that time, were nothing compared with the great business now before us; there was then a certain degree of enthusiasm, which inspired and supported the mind; but to view, through the calm sedate medium of reason, the influence which the establishments now proposed may have upon the happiness or misery of millions yet unborn, is an object of such magnitude, as absorbs, and in a manner suspends the operations of the human understanding." |