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Virginia Declaration of Rights

Virginia Declaration of Rights
Created May 1776
Ratified June 12, 1776
Location Library of Congress (first draft)
Author(s) George Mason (primary), Thomas Ludwell Lee
Purpose Declare the inherent rights of Virginians (and mankind in general).

The Virginia Declaration of Rights is a document drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789).

The Declaration was adopted unanimously by the Fifth Virginia Convention at Williamsburg, Virginia on June 12, 1776 as a separate document from the Constitution of Virginia which was later adopted on June 29, 1776. In 1830, the Declaration of Rights was incorporated within the Virginia State Constitution as Article I, but even before that Virginia's Declaration of Rights stated that it was '"the basis and foundation of government" in Virginia. A slightly updated version may still be seen in Virginia's Constitution, making it legally in effect to this day.

Ten articles were initially drafted by George Mason circa May 20–26, 1776; three other articles were added in committee, seen in the original draft in the handwriting of Thomas Ludwell Lee, but the author is unknown. James Madison later proposed liberalizing the article on religious freedom, but the larger Virginia Convention made further changes. It was later amended by Committee and the entire Convention, including the addition of a section on the right to uniform government (Section 14). Patrick Henry persuaded the Convention to delete a section that would have prohibited bills of attainder, arguing that ordinary laws could be ineffective against some terrifying offenders.Edmund Pendleton proposed the line "when they enter into a state of society" which allowed slave holders to support the declaration of universal rights which would be understood not to apply to slaves as they were not part of civil society.

Mason based his initial draft on the rights of citizens described in earlier works such as the English Bill of Rights (1689), and the writings of John Locke and the Declaration can be considered the first modern Constitutional protection of individual rights for citizens of North America. It rejected the notion of privileged political classes or hereditary offices such as the members of Parliament and House of Lords described in the English Bill of Rights.


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