Virginia Declaration of Rights

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George Mason

The Virginia Declaration of Rights , the fundamental rights declaration of Virginia , is a historical document formulated mainly by George Mason , which was created in the course of the separation of Virginia from the Kingdom of Great Britain and was unanimously approved by the Convention of Virginia on June 12, 1776 . It had a major impact on the formulation of the United States' Declaration of Independence that same year, as well as the later US Bill of Rights and the French Declaration of Human and Civil Rights (both of 1789).

In the course of the American independence movement , the Convention of Virginia , which met in Williamsburg , declared Virginia independent in May 1776 and gave its delegates to the Continental Congress the mandate to campaign for American independence - on June 7, Richard Henry Lee brought one a corresponding resolution in the Continental Congress.

The Virginia Declaration of Rights , a "declaration of rights made by the representatives of the righteous people of Virginia [...] on the rights to which they and their descendants are entitled as the foundation and foundation of government, " was created as part of the work on a constitution for the future US state . With it, the most important basic rights / human rights were established, furthermore popular sovereignty , separation of powers , right to vote , legislation , freedom of the press and freedom of religion .

A few weeks later, the Virginia Convention passed a constitution and elected Patrick Henry as the first governor of Virginia . With the adoption of the United States' Declaration of Independence by the Continental Congress on July 4th, Virginia became one of the thirteen founding states of the United States .

The Basic Rights of Virginia June 12, 1776

"A Declaration of Rights, made in full and free assembly by the representatives of the good people of Virginia, on the rights to which you and your descendants are entitled as the foundation and foundation of government."

article 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.

All human beings are naturally free and independent in the same way and have certain innate rights which they cannot rob or withdraw from their descendants by any treaty if they enter into a state relationship, namely the enjoyment of life and freedom, the means to Acquisition and possession of property and the pursuit and attainment of happiness and security.

Article 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.

All power rests in the people and consequently derives from them; the officials are only his agents and servants and answerable to him at all times.

Article 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, 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.

A government is or should be established for the common good, protection and security of the people, the nation or the general public; Of all the various kinds and forms of government, the best is that which is capable of producing the highest degree of happiness and security, and which is most effectively protected against the danger of bad administration; the majority of a community has an unquestionable, inalienable, and inviolable right to change or abolish government when found to be inadequate or contrary to those purposes, in whatever manner appears most conducive to the common good.

Article 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 be hereditary.

No person or group of people is entitled to exclusive and special advantages and privileges on the part of the state, except in relation to public services; Since these cannot be inherited, the positions of civil servants, legislators or judges should not be hereditary.

Article 5

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.

The legislative and executive powers of the state are to be separated and distinguished from the judiciary; The members of the first two should be deterred from oppression by sympathizing with and bearing the burdens of the people and therefore released into their civil position in certain periods of time and thus return to the environment from which they were originally called; The vacant positions should be filled again by frequent, specific and regular elections, in which all or a certain part of the former members are re-elected or not, depending on the law.

Article 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.

The elections of the deputies, who serve as representatives in the assembly, should be free; all men who have shown their continued interest and loyalty to the general public have the right to vote. Their property cannot be taxed or taken away from them for public purposes without their own consent or that of their elected MPs, nor can they be bound by any law to which they have not consented in the same way for the sake of the public good.

Article 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.

Any power to postpone laws or to carry them out by any authority without the consent of the representatives is detrimental to their rights and should not be carried out.

Article 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; that no man be deprived of his liberty except by the law of the land or the judgment of his peers.

In all serious or criminal charges, a man has a right to know the nature and nature of his charge, to be brought before the prosecutors and witnesses, to present evidence in support of his discharge, and to request a speedy investigation by an impartial court in his neighborhood without their unanimous consent he cannot be found guilty; nor can he be forced to testify against himself; no one can be deprived of his freedom except by state law or the judgment of his own kind.

Article 9

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

No excessive bail should be requested, no excessive fines, or cruel and unusual penalties imposed.

Article 10

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.

General powers of attorney by which an officer or a representative is authorized to search suspicious places without evidence of an act committed, or one or more persons who are not named, or those whose offenses are not precisely described in evidence or are obvious exposed to be arrested are offensive and oppressive and should not be approved.

Article 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.

In disputes over property and in personal dealings, the traditional trial before a jury is preferable to any other and should be kept sacred.

Article 12

That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments.

Freedom of the press is one of the strongest bulwarks of freedom and can only be restricted by despotic governments.

Article 13

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.

A well-ordered militia, formed from the mass of the people and trained in armed service, is the appropriate, natural and safe protection of a free state; standing armies should be avoided in times of peace as dangerous to freedom; In any case, the military should be strictly subordinated to and controlled by civil authority.

Article 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.

The people have a right to a unified government; hence no government shall be established or set up separately or independently from the government of Virginia within its borders.

Article 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.

Free government and the blessings of freedom can only be sustained to a people through strict adherence to justice, moderation, modesty, thrift, and virtue, and through frequent recourse to basic principles.

Article 16

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.

The religion or reverence we owe to our Creator and the way in which we fulfill it can only be determined by reason and conviction, and not by coercion or violence; therefore all people are equally entitled to exercise their religion freely, according to the voice of their conscience; it is the common duty of all to show Christian forbearance, love and mercy towards one another.

See also

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