Tuesday, March 25, 2008

Virginia Declaration of Rights, June, 1776 (I.1.3)

Penned by George Mason, the document declares that certain rights are the "basis and foundation of Government." He says, "all men are by nature equally free and independent" and have inherent rights to "the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety." "Equally free and independent" is a more fortunate turn of phrase than the famous "all men are created equal." The latter leaves itself open to being misinterpreted as supporting economic egalitarianism: the position that all are entitled to a share of the country's wealth equal to that of anyone else. Mason's phrase is more pointedly inconsistent than that of the Declaration of Independence with the servitude of some to others entailed by economic egalitarianism.

The text also says that no one shall have special "emoluments and privileges from the community" except in return for public service in non-hereditary offices.

Governmental power is vested in the people and amenable to them, their representatives being their servants. The people have a right to reform or abolish the government if it does not perform its function of "producing the greatest degree of happiness and safety."

The document sanctions elected legislative and executive branches for Virginia, as well as an additional judicial branch. All men with sufficient interest in the community have a right to vote and cannot be taxed without their consent or the consent of their representatives.

Law-enforcement decisions shall be made only at the consent of the representatives of the people. The text affirms the right to a fair trial by a jury of one's peers and right to freedom of the press. There should be a well-regulated militia, not a standing army, and the military should be subordinated to civil authority.

Freedom can be maintained only by a society that adheres to the virtues (justice, moderation, temperance, frugality) and keeps a hold of fundamental moral principles. All men have a right to practice religion according to their conscience and a duty "to practice Christian forbearance, love, and charity."