Part 28 (2/2)
It was Richard Henry Lee, of Westmoreland county, a Virginian, who offered, in the Colonial Congress, the resolution that embodied the views expressed in the Pendleton resolutions, and which brought forth the Declaration of Independence. The resolution was submitted on the 7th of June, 1776, which was as follows:
”That these United Colonies are, and of right 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.”
The discussion of this resolution showed the temper of Congress, and while the vote was postponed at the instance of some members who still thought such a measure premature, a committee to prepare and bring forward a declaration was appointed, of which Thomas Jefferson was made chairman.
Mr. Lee, a member of the committee, was called home because of the sickness of his wife, but Mr. Jefferson sent him the original copy of the draft and also the amendments for his inspection, and wrote him: ”You will judge whether it is the better or worse for the critics.”
GEORGE MASON'S BILL OF RIGHTS.
It was George Mason, of Gunston Hall, a native of Stafford county, a Virginian, who wrote the Virginia Bill of Rights and the Const.i.tution of Virginia. The fact that Mason was a farmer, and not a lawyer, has been emphasized by several writers, and the fact that he prepared those important doc.u.ments, when there were so many eminent lawyers a.s.sociated with him in those stirring times, is a matter of surprise. But that he did write them has never been disputed or questioned, and it was an honor that linked his name with those of Jefferson and Madison, and will enshrine his memory in the hearts of his countrymen for all time to come. And the honor of preparing this important instrument is enhanced when we remember they were almost original in thought as to most of the principles declared in them. It is true that some have claimed that the Bill of Rights was based upon the English Bill of Rights of 1689, yet that bill only a.s.serted the right of subjects to pet.i.tion, the right of Parliament to freedom of debate, the right of electors to choose their representatives freely, and other minor privileges. These rights had been exercised by the Colonists, but there were other rights dear to the people which they had not enjoyed and were not permitted to enjoy, and there were grievous wrongs committed upon the people that had to cease.
These things called for a different kind of paper from the English Bill of Rights and the times necessitated different demands than were made calling forth the bill of 1689. A paper was needed setting forth the rights of freemen and providing for the government of freemen, and it is a.s.serted that the Bill of Rights was a pattern for the Declaration of Independence, while the Const.i.tution was the first one that was written for the government of a free and independent people in all the past history of the world.
[Ill.u.s.tration: Public School Building (colored.) (See page 144)]
[Ill.u.s.tration: The b.u.t.terfield Monument. ”In honor of the Fifth Army Corps, and also to the valor of every American Soldier.” Gen. b.u.t.terfield.
(See page 269)]
The Bill of Rights was adopted by the Virginia Convention on the 12th of June, 1776, after it had been thoroughly discussed for several days. It was written for Virginia and did not apply to the other colonies, yet it is so complete in all its parts we are told that other State const.i.tutions, in defining the rights of the citizen, largely followed the phraseology of this famous instrument. All Virginians should read it, again and again, study it and treasure it as one of the most precious legacies bequeathed to them. The following is the bill in full:
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.
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.
3. That government is, or ought to be, inst.i.tuted 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 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.
4. That no man, or set of men, are ent.i.tled 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.
5. That the legislative, executive and judicial powers should be separate and distinct; and that the members thereof may be restrained from oppression, by feeling and partic.i.p.ating in the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from whence 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.
6. That all elections 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, a.s.sented for the public good.
7. That all power of suspending laws, or the execution of laws, by any authority, without the 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 the 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 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.
9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
10. The general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men 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 people; that standing armies, in times 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. 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.
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