XXIII. INDEPENDENCE

Force,American Archives, Fourth Series, I, 1034.

In consequence of the eleventh Resolution of the Continental Congress, the Freeholders of the County of Prince William, being convened at the house of William Reno on Monday, the9th day of December, 1774, proceeded to elect the following gentlemen as a Committee for the said County: [25 names].

[Notice of the organization of the Committee by election of its chairman and clerk—and then a series of six resolutions adopted by it. Four of them are given below.]

Resolved, That the thanks of the Committee are due to the Deputies of this Colony, for their wise, firm, and patriotick conduct in the late Continental Congress.

Resolved, That whenever there appears ... cause to suspect that any Merchant ... of this County has violated the Association ... by raising the price of his Goods, such Trader be called upon to show his day-books and invoices, to clear up such suspicion; and that, in case of refusal, he be deemed guilty ... and subject to the penalties in such case provided....

Resolved, That all publick Balls and Entertainments be discountenanced in this county from this time, as contrary to the sentiments of the Continental Congress....

Resolved, That no person in this County ought to purchase more Goods in one year than he has been accustomed to do ... that the poor ... may not be distressed by wealthy designing men.

By order— Evan Williams,Clerk.

Force,American Archives, Fourth Series, I, 1145.For the occasion for the "second conventions" in the various colonies in the winter of 1774-5, cf.American History and Government, § 143.The Virginia Convention of August 1-6, 1774, had appointed delegates to the Continental Congress to be held in September at Philadelphia, and adjourned after authorizing its chairman to call another convention when necessary.It was only an informal conference.In December, aSecond Maryland Conventionvirtually became ade factogovernment, arming the province for defense against England. This example was followed promptly in singlecountiesin Virginia,—first in George Washington's County.

Force,American Archives, Fourth Series, I, 1145.

For the occasion for the "second conventions" in the various colonies in the winter of 1774-5, cf.American History and Government, § 143.

The Virginia Convention of August 1-6, 1774, had appointed delegates to the Continental Congress to be held in September at Philadelphia, and adjourned after authorizing its chairman to call another convention when necessary.It was only an informal conference.

In December, aSecond Maryland Conventionvirtually became ade factogovernment, arming the province for defense against England. This example was followed promptly in singlecountiesin Virginia,—first in George Washington's County.

[Extracts from the Proceedings of the Committee of Fairfax County, on the 17th of January 1775.]

Resolved, That the defenceless state of this County renders it indispensably neccessary that a quantity of Ammunition should be immediately provided; and as the same will be for the common benefit, protection, and defence of the inhabitants thereof, it is but just and reasonable that the expenses incurred in procuring the same should be defrayed by a general and equal contribution. It is therefore recommended that the sum of three Shillings per poll, for the purpose aforesaid, be paid by and for every tithable person in this County, to the Sheriff, or such other Collector as may be appointed, who is to render the same to this Committee, with a list of the names of such persons as shall refuse to pay the same, if any such there be.

Resolved, That this Committee do concur in opinion with the Provincial Committee of the Province of Maryland, that a well regulated Militia, composed of gentlemen freeholders, and other freemen, is the natural strength and only stable security of a free Government, and that such Militia will relieve our mother country from any expense in our protection and defence, will obviate the pretence of a necessity for taxing us on that account, and render it unnecessary to keep Standing Armies among us—ever dangerous to liberty; and therefore it is recommended to such of the inhabitants of this County as are from sixteen to fifty years of age, to form themselves into Companies of sixty-eight men; to choose a Captain, two Lieutenants, an Ensign, four Sergeants, four Corporals, and one Drummer, for each Company; that they provide themselves with good Firelocks, and use their utmost endeavours to make themselves masters of the Military Exercise, published by order of his Majesty in 1764, and recommended by the Provincial Congress of the Massachusetts Bay, on the 29th of October last.

(March-July, 1775)

Force,American Archives, Fourth Series, II, 3.

Instructions from the Freeholders of Cumberland County Virginia.

To John Mayo and William Fleming, Gentlemen [Delegates of Cumberland County to the Second Virginia Convention, to be held in March, 1775.]

We, the Freeholders of Cumberland County, having elected you to represent us in a Provincial Convention,[128]to be held in the Town of Richmond, on Monday, the 20th of this instant, and being convinced that the safety and happiness of British America depend upon the unanimity, firmness and joint efforts of all the Colonies, we expect you will, on your parts, let your measures be as much for the common safety as the peculiar interests of this Colony will permit, and that you, in particular, comply with the recommendation of the Continental Congress, in appointing Delegates to meet in the City of Philadelphia, in May next.

The means of Constitutional legislation in this Colony being now interrupted, and entirely precarious, and being convinced that some rule is necessary for speedily putting the Colony in a state of defence, we, in an especial manner, recommend this matter to your consideration in Convention; and you may depend that any general tax, by that body imposed, for such purposes, will be cheerfully submitted to, and paid by the inhabitants of this County.[129]

Force,American Archives, Fourth Series, II, 165-172.

At a Convention of Delegates for the Counties and Corporations in the Colony of Virginia, at the Town of Richmond, in the County of Henrico, on Monday, the 20th of March, 1775. [Present: 120 names.]...

The HonourablePeyton Randolph, Esquire, was unanimously elected President of this Convention, and Mr.John Tazewell, Clerk thereof.

The President then recommended it to the Convention to proceed in the deliberation and discussion of the several important matters which should come before them, with that prudence, decency, and order which had distinguished their conduct on all former occasions; and laid before the Convention the proceedings of the Continental Congress....

Resolved, That this Convention will observe, in their debates, the same rules and orders as are established in the House of Burgesses in this Colony.

Adjourned till to-morrow 10 o'clock.

March 21. ...Resolved unanimously, That this Convention doth entirely and cordially approve the Proceedings and Resolutions of theAmericanContinental Congress [the "First Continental Congress"], and that they consider this whole Continent as under the highest obligations to that very respectable body, for the wisdom of their counsels, and their unremitted endeavours to maintain and preserve inviolate the just rights and liberties of His Majesty's dutiful and loyal subjects inAmerica.

Resolved unanimously, That the warmest thanks of this Convention, and all the inhabitants of this Colony, whom they represent, are particularly due, and that this just tribute of applause be presented, to the HonourablePeyton RandolphEsquire,Richard Henry Lee,George Washington,PatrickHenry, Junior,Richard Bland,Benjamin Harrison, andEdmund Pendleton, Esquires, the worthy Delegates deputed by a former Convention to represent this Colony in General Congress, for their cheerful undertaking, and faithful discharge of the very important trust reposed in them.

Adjourned till to-morrow 10 o'clock.

March 22. ...Resolved, That a well regulated Militia, composed of Gentlemen and Yeomen, is the natural strength, and only security of a free Government; that such a Militia in this Colony would for ever render it unnecessary for the Mother Country to keep among us, for the purpose of our defence, any Standing Army of mercenary forces, always subversive of the quiet, and dangerous to the liberties of the people, and would obviate the pretext of taxing us for their support.

That the establishment of such Militia is at this time peculiarly necessary, by the state of our laws for the protection and defence of the Country, some of which have already expired, and others will shortly do so; and that the known remissness of Government, in calling us together in a legislative capacity renders it too insecure, in this time of danger and distress to rely, that opportunity will be given of renewing them in General Assembly, or making any provision to secure our inestimable rights and liberties from those farther violations with which they are threatened.

Resolved therefore, That this Colony be immediately put into a posture of defence; and that Patrick Henry, Richard Henry Lee, Robert Carter Nicholas, Benjamin Harrison, Lemuel Riddick, George Washington, Adam Stephen, Andrew Lewis, William Christian, Edmund Pendleton, Thomas Jefferson, and Isaac Zane, Esquires, be a Committee to prepare a plan for the embodying, arming, and disciplining such a number of men as may be sufficient for that purpose.

Adjourned till to-morrow 10 o'clock....

Saturday, March 25, 1775. ...Resolved, As the opinion of this Convention, that, on account of the unhappy disputes between Great Britain and the Colonies, and the unsettled stateof this Country, the lawyers, suitors, and witnesses ought not to attend the prosecution or defence of civil suits at the next General Court; and it is recommended to the several Courts of Justice not to proceed to the hearing or determination of suits on their dockets, except attachments; nor to give judgments but in the case of Sheriffs or other collectors for Money or Tobacco received by them; in other cases, where such judgment shall be voluntarily confessed; or upon such amicable proceedings as may become necessary for the settlement, division, or distribution of estates. And, during this suspension of the administration of justice, it is earnestly recommended to the people to observe a peaceable and orderly behaviour; to all creditors to be as indulgent to their debtors as may be; to all debtors to pay as far as they are able; and where differences may arise which cannot be adjusted between the parties, that they refer the decision thereof to judicious neighbours, and abide by their determination.

The Convention then took into their consideration, according to the order of yesterday, the plan for embodying, arming and disciplining the Militia; which, being read, and amended, was unanimously agreed to, as follows:

The committee are further of opinion that, as from the expiration of the above-mentioned latter laws, and various other causes, the legal and necessary disciplining the Militia has been much neglected, and a proper provision of Arms and Ammunition has not been made, to the evident danger of the community in case of invasion or insurrection,it be recommended to the inhabitants of the several Counties of this Colony that they form one or more volunteer Companies of Infantry and Troops of Horse, in each County, and to be in constant training and readiness to act on any emergency.

That, in order to make a further and more ample provision of Amunition, it be recommended to the Committees of the severalCounties, that they collect from their Constituents, in such manner as shall be most agreeable to them, so much money as will be sufficient to purchase half a pound of Gunpowder, one pound of Lead, necessary Flints and Cartridge Paper, and dispose thereof, when procured, in such place or places of safety as they may think best; and it is earnestly recommended to each individual to pay such proportion of the money necessary for these purposes as by the respective Committees shall be judged requisite.

That as it may happen that some Counties, from their situation, may not be apprized of the most certain and speedy method of procuring the articles before-mentioned, one General Committee should be appointed, whose business it should be to procure, for such Counties as may make application to them, such articles, and so much thereof as the moneys wherewith they shall furnish the said Committee with purchase, after deducting the charges of transportation, and other necessary expenses.

Resolved, That Robert Carter Nicholas, Thomas Nelson, and Thomas Whiting, Esquires, or any two of them, be a Committee for the purpose afore-mentioned.

...Resolved, ThatRobert Carter Nicholas,Richard Bland,James Mercer,Edmund Pendleton,Archibald Cary,Charles CarterofStafford,Benjamin Harrison,Richard Henry Lee,Josias Clapham,George Washington,Patrick Henry,James Holt, andThomas Newton, Esquires, be a Committee to prepare a plan for the encouragement of Arts and Manufactures in this Colony.

The Convention then proceeded to the election of Delegates by ballot, to represent this Colony in General Congress, to be held at the City ofPhiladelphia, on the 10th day ofMaynext; when the HonourablePeyton Randolph, Esquire,George Washington,Patrick Henry,Richard Henry Lee,Edmund Pendleton,Benjamin Harrison, andRichard Bland, Esquires, were chosen for that purpose.

Resolved, ThatRobert Carter Nicholas, Esquire, be desired to lay before the Convention, on Monday next, an account of the Moneyreceived from the several Counties and Corporations in this Colony, for the use of the Delegates sent to represent this Colony in General Congress.

Adjourned till Monday, 10 o'clock.

March 27 ...Resolved unanimously, That from and after the first day ofMaynext, no person or persons whatever ought to use, in his or their families, unless in case of necessity, and on no account to sell to butchers, or kill for market, any Sheep under four years old; and where there is necessity for using any mutton in his, her, or their families, it is recommended to kill such only as are least profitable to be kept.

Resolved unanimously, That the setting up and promoting Woollen, Cotton, and Linen Manufactures ought to be encouraged in as many different branches as possible, especially Coating, Flannel, Blankets, Rugs, or Coverlids, Hosiery, and coarse Cloths, both broad and narrow.

Resolved unanimously, As Salt is a daily and indispensable necessary of life, and the making of it amongst ourselves must be deemed a valuable acquisition, it is therefore recommended that the utmost endeavours be used to establish Salt Works, and that proper encouragement be given to Mr.James Tait, who hath made proposals, and offered a scheme to the publick, for so desirable a purpose.

Resolved unanimously, That Saltpetre and Sulphur,being articles of great and necessary use, the making, collecting, and refining them to the utmost extent, be recommended, the Convention being of opinion that it may be done to great advantage.

Resolved unanimously, That the making of Gunpowder be recommended.

Resolved unanimously, That the manufacturing of iron into Nails and Wire, and other necessary articles, be recommended.

Resolved unanimously, That the making of Steel ought to be largely encouraged, as there will be a great demand for this article.

Resolved unanimously, That the making of different kinds of Paper ought to be encouraged; and as the success of this branch depends on a supply of old Linen and Woollen Rags, the inhabitants of this Colony are desired, in their respective families, to preserve these articles.

Resolved unanimously, That whereas Wool Combs, Cotton and Wool Cards, Hemp and Flax Heckles, have been for some time made to advantage in some of the neighbouring Colonies, and are necessary for carrying on Linen and Woollen Manufactures, the establishing such Manufactures be recommended.

Resolved unanimously, That the erecting Fulling Mills and mills for breaking, swingling, and softening Hemp and Flax, and also the making Grindstones be recommended.

Resolved unanimously, That the brewing Malt Liquors in this Colony would tend to render the consumption of foreign Liquors less necessary. It is therefore recommended that proper attention be given to the cultivation of Hops and Barley.

Resolved unanimously, That it be recommended to all the inhabitants of this Colony, that they use, as the Convention engageth to do, our own Manufactures, and those of other Colonies, in preference to all others.

The Members of the Convention then, in order to encourage Mr.James Tait, who is about to erect Salt Works, undertook, for their respective Counties, to pay the sum of Ten Pounds toRobert Carter Nicholas, Esquire, for the use of the saidJames Tait, on or before the 10th day ofMaynext.

Resolved, That this Convention doth consider the delegation of its members as now at an end; and that it is recommended to the People of this Colony to choose Delegates to represent them in Conventionfor one year, as soon as they conveniently can.

Peyton Randolph, President.John Tazewell, Clerk of the Convention.

c.[The Third Virginia Convention, pursuant to the call in the closing recommendation of the Second, met July 17, 1775, and adopted the forms of a legislative body, giving bills three readings, etc. The first resolution read. ..."That this Convention will observe, in their debatesand proceedings, the same Rules and Orders as are established in the House of Burgesses of this Colony." Cf. with the corresponding Resolution of the Second Convention above; note significance of the two additional words. That significance is brought out clearly in the postscript of a letter from George Mason to a friend, August 22:"P. S. Every ordinance goes thro' all the Formalities of a Bill in the House of Burgesses, has three Readings, etc. before it is passed, and in every respect wears the Face of Law,—Resolves, as recommendations, being no longer trusted to. ..." (Virginia Calendar of State Papers, I, 269.)Thus the Third Convention was a "government" in style as well as in fact. It held two busy sessions; and, in January, 1776, though its "year" was not up, it adjourned, to give place to a new Convention freshly instructed from the people.]

"That this Convention will observe, in their debatesand proceedings, the same Rules and Orders as are established in the House of Burgesses of this Colony." Cf. with the corresponding Resolution of the Second Convention above; note significance of the two additional words. That significance is brought out clearly in the postscript of a letter from George Mason to a friend, August 22:

"P. S. Every ordinance goes thro' all the Formalities of a Bill in the House of Burgesses, has three Readings, etc. before it is passed, and in every respect wears the Face of Law,—Resolves, as recommendations, being no longer trusted to. ..." (Virginia Calendar of State Papers, I, 269.)

Thus the Third Convention was a "government" in style as well as in fact. It held two busy sessions; and, in January, 1776, though its "year" was not up, it adjourned, to give place to a new Convention freshly instructed from the people.]

FOOTNOTES:[121]A letter from Richard Henry Lee to Samuel Warren (June 23) states that he had intended to present such a resolution in the Assembly, but, on advice of friends, waited for the completion of important business,—and then came the dissolution. Washington went from this meeting, over which he had presided, to dine with Lord and Lady Dunmore. The tone of Virginia intercourse with the governor remains suave for some time.[122]The resolutions so reported on June 20 to the Virginia committee, had been adopted on the 15th. Rhode Island, therefore, was the first colony to appoint delegates. The resolutions, of course, are given also in theRhode Island Colonial Records.[123]This final clause refers to a provision withdrawing from trial in colonial courts any servants of the government accused of violence in the performance of duty. The list of offending statutes is repeated, somewhat less impressively but more specifically, in the Continental Congress'sDeclaration(130c).[124]Upon this passage was based the Sixth Article of the Virginia Association, recommended August 1, by the Convention as follows:—"6th. We will endeavor to improve our breed of sheep, and increase their number to the utmost extent; and to this end, we will be as sparing as we conveniently can, in killing sheep, especially those of the most profitable kind; and if we should at any time be overstocked, or can conveniently spare any, we will dispose of them to our neighbors, especially the poorer sort of people, on moderate terms."In time, this passage was copied even more closely in the Association of the Continental Congress at Philadelphia (No. 130d).[125]This resolution is found in identical words in the resolutions of Caroline County (Virginia), July 14, 1774; and the sentiment, in more varied forms, appears often in the county meetings. Thus Hanover (Patrick Henry's county) declared: "The African trade for slaves we consider most dangerous to virtue and the welfare of this country. We therefore most earnestly wish to see it totally discouraged."[126]Mr. Lynch was from South Carolina. This position here taken as to "numbersandproperty" was taken thirteen years later by South Carolina delegates in the Convention which framed our present Constitution.[127]This was the "style" of the three "counties" soon to form the state of Delaware.[128]This convention had finally been called in January by Peyton Randolph, chairman of the preceding convention, according to authorization by body. Cf. introduction to No. 137, above. The work of the Convention is given in No. 139.[129]Observe the authorization to raise money by taxation,—a special prerogative of government.

[121]A letter from Richard Henry Lee to Samuel Warren (June 23) states that he had intended to present such a resolution in the Assembly, but, on advice of friends, waited for the completion of important business,—and then came the dissolution. Washington went from this meeting, over which he had presided, to dine with Lord and Lady Dunmore. The tone of Virginia intercourse with the governor remains suave for some time.

[122]The resolutions so reported on June 20 to the Virginia committee, had been adopted on the 15th. Rhode Island, therefore, was the first colony to appoint delegates. The resolutions, of course, are given also in theRhode Island Colonial Records.

[123]This final clause refers to a provision withdrawing from trial in colonial courts any servants of the government accused of violence in the performance of duty. The list of offending statutes is repeated, somewhat less impressively but more specifically, in the Continental Congress'sDeclaration(130c).

[124]Upon this passage was based the Sixth Article of the Virginia Association, recommended August 1, by the Convention as follows:—"6th. We will endeavor to improve our breed of sheep, and increase their number to the utmost extent; and to this end, we will be as sparing as we conveniently can, in killing sheep, especially those of the most profitable kind; and if we should at any time be overstocked, or can conveniently spare any, we will dispose of them to our neighbors, especially the poorer sort of people, on moderate terms."In time, this passage was copied even more closely in the Association of the Continental Congress at Philadelphia (No. 130d).

[124]Upon this passage was based the Sixth Article of the Virginia Association, recommended August 1, by the Convention as follows:—

"6th. We will endeavor to improve our breed of sheep, and increase their number to the utmost extent; and to this end, we will be as sparing as we conveniently can, in killing sheep, especially those of the most profitable kind; and if we should at any time be overstocked, or can conveniently spare any, we will dispose of them to our neighbors, especially the poorer sort of people, on moderate terms."

In time, this passage was copied even more closely in the Association of the Continental Congress at Philadelphia (No. 130d).

[125]This resolution is found in identical words in the resolutions of Caroline County (Virginia), July 14, 1774; and the sentiment, in more varied forms, appears often in the county meetings. Thus Hanover (Patrick Henry's county) declared: "The African trade for slaves we consider most dangerous to virtue and the welfare of this country. We therefore most earnestly wish to see it totally discouraged."

[126]Mr. Lynch was from South Carolina. This position here taken as to "numbersandproperty" was taken thirteen years later by South Carolina delegates in the Convention which framed our present Constitution.

[127]This was the "style" of the three "counties" soon to form the state of Delaware.

[128]This convention had finally been called in January by Peyton Randolph, chairman of the preceding convention, according to authorization by body. Cf. introduction to No. 137, above. The work of the Convention is given in No. 139.

[129]Observe the authorization to raise money by taxation,—a special prerogative of government.

Cf.American History and Government(§§ 146-150) for additional comment and narrative, and suggestions as to bibliography, on each of the following numbers, 134-139. Many short extracts are there given from documents which, on that account, are not reproduced here,—notably from Paine'sCommon Sense.

Force,American Archives, Fourth Series, V, 1034-1035.The following instructions from a county meeting of Charlotte County, Virginia, to delegates for the next Virginia Convention [to meet May 6] show that that body was at least partially authorized to take its momentous action of adopting a State constitution and of instructing the Virginia delegates at Philadelphia to move for independence. Note that the King, to whom all earlier documents had professed loyalty, is here coupled with the ministry and parliament. Other counties gave similar instruction. Cf. Force, V, 1046.

Force,American Archives, Fourth Series, V, 1034-1035.

The following instructions from a county meeting of Charlotte County, Virginia, to delegates for the next Virginia Convention [to meet May 6] show that that body was at least partially authorized to take its momentous action of adopting a State constitution and of instructing the Virginia delegates at Philadelphia to move for independence. Note that the King, to whom all earlier documents had professed loyalty, is here coupled with the ministry and parliament. Other counties gave similar instruction. Cf. Force, V, 1046.

To Paul Carrington, and Thomas Read, Esq's.:

Gentlemen: When we consider the despotick plan adopted by the King, Ministry and Parliament ofGreat Britain, insidiously pursued for these twelve years past, to enslaveAmerica; when we consider that they have turned a deaf ear to the repeated petitions and remonstrances of this and our sister Colonies, and that they have been equally inattentive to the rights of freemen and the British Constitution; and when we consider that they have for some time been endeavouring to enforce their arbitrary mandates by fire and sword, and likewise encouraging, by every means in their power, our savage neighbours, and our more savage domestics, to spill the blood of our wives and children; and to crown the whole, they have added insult to their injustice and cruelty, by repeatedly pretending to hold out the olive branch of peace in such a way as teacheth us that they are determined to persist in their hellishdesigns, and that nothing is intended for us but the most abject slavery....

Therefore despairing of any redress of our grievances from the King and Parliament ofGreat Britain, and all hopes of a reconciliation between her and the United Colonies being now at an end, and being concious that their treatment has been such as loyal subjects did not deserve, and to which as freemen, we are determined not to submit; by the unanimous approbation and direction of the whole freeholders, and all the other inhabitants of this County, we advise and instruct you, cheerfully to concur and give your best assistance in our Convention, to push to the utmost a war offensive and defensive until you are certified that such proposals of peace are made to our General Congress as shall by them be judged just and friendly. And because the advantages of a trade will better enable us to pay the taxes, and procure the necessaries for carrying on a war, and in our present circumstances this cannot be had without a Declaration of Independence; therefore, if no such proposals of peace shall be made, we judge it to be a dictate of the first law of nature, to continue to oppose every attempt on our lives and properties; and we give it you in charge, to use your best endeavoursthat the Delegates which are sent to the General Congress be instructed immediately to cast off theBritishyoke, and to enter into a commercial alliance with any nation or nations friendly to our cause. And as King George the Third of Great Britain etc., has manifested deliberate enmity towards us, and under the character of a parent persists in behaving as a tyrant, that they, in our behalf renounce allegiance to him for ever;and that, taking God of Heaven to be our King, and depending upon His protection and assistance, they plan out that form of Government which may the more effectually secure to us the enjoyment of our civil and religious rights and privileges, to the latest posterity. ...

Ordered, That the above Resolves be published in theVirginian Gazette.

By order: William Jameson, Clerk.

Force,American Archives, Fourth Series, VI, 461-462.The Fourth Virginia Convention met May 6, elected on the recommendation of the preceding Convention (see No. 133 c, close). On the 9th the Convention voted to go next day into Committee of the Whole to consider the state of the colony (which meant to take up the matter of independence and a State government). Military needs, however, delayed the consideration until the 14th. On that day and the 15th, the questions were debated, and, on the 15th, the Committee rose and reported to the Convention the resolutions below, which were unanimously adopted. For a more detailed story, seeAmerican History and Government, § 148; but it should be seen here clearly that the Convention instructed its delegates in the Continental Congress to secure ageneraldeclaration of Independence for all the colonies, and that, at the same time, it began the work of a permanent independent constitution for Virginia.

Force,American Archives, Fourth Series, VI, 461-462.

The Fourth Virginia Convention met May 6, elected on the recommendation of the preceding Convention (see No. 133 c, close). On the 9th the Convention voted to go next day into Committee of the Whole to consider the state of the colony (which meant to take up the matter of independence and a State government). Military needs, however, delayed the consideration until the 14th. On that day and the 15th, the questions were debated, and, on the 15th, the Committee rose and reported to the Convention the resolutions below, which were unanimously adopted. For a more detailed story, seeAmerican History and Government, § 148; but it should be seen here clearly that the Convention instructed its delegates in the Continental Congress to secure ageneraldeclaration of Independence for all the colonies, and that, at the same time, it began the work of a permanent independent constitution for Virginia.

[The first half of the document is a preamble stating the grievances of the colonies.] ... In this state of extreme danger, we have no alternative left but an abject submission to the will of those overbearing tyrants or a total separation from the crown and government of Great Britain, uniting and exerting the strength of all America for defence, and forming alliances with foreign powers for commerce and aid in war: Wherefore, appealing to the Searcher of Hearts for the sincerity of former declarations expressing our desire to preserve the connection with that nation, and that we are driven from that inclination by their wicked councils and the eternal laws of self-preservation;

Resolved, unanimously, That the delegates appointed to represent this colony in General Congress be instructed to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegianceto or dependence upon the Crown or parliament of Great Britain; and that they give the assent of this colony to such declaration, and to whatever measures may be thought proper and necessary by the Congress for forming foreign alliances and a confederation of the colonies, at such time, and in such manner, as to them shall seem best: Provided that the power of forming government for, and the regulation of, the internal concerns of each colony, be left to the respective colonial legislatures.

Resolved unanimously, That a committee be appointed to prepare aDeclaration of Rightsand such a plan of government as will be most likely to maintain peace and order in this colony, and secure substantial and equal liberty to the people.

Poore,Charters and Constitutions, II, 1908-1909. Cf. No. 135 for history. This bill of rights was reported by a committee to the Virginia Convention on May 27, and adopted unanimously on June 12. It was the model, often followed closely, for similar bills in other states. See comment at close.

A declaration of rights made by the representatives of the good people of Virginia, assembled in full and free convention; which rights do pertain to them and their posterity, as the basis and foundation of government.

Section 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.

Section 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.

Section 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, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it in such manner as shall be judged most conducive to the public weal.

Section 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 to be hereditary.

Section 5.That the legislative and executive powers of the State should be separate and distinct from the judiciary; and that the members of the two first may be restrained from oppression, by feeling and participating in the burdens 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.

Section 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.[131]

Section 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.

Section 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 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.

Section 9.That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Section 10.That 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 or persons not named, or whose offence is not particularly describedand supported by evidence, are grievous and oppressive, and ought not to be granted.

Section 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.

Section 12.That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.

Section 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.

Section 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.

Section 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.

Section 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 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 practise Christian forbearance, love and charity towards each other.

[The failure of historians to give due credit to this bill of rights is remarkable. I call attention to two illustrations.

(1) Cushing'sTransition from Provincial to Commonwealth Government in Massachusetts(Columbia University Studies, VII, 1896) states incorrectly (p. 246, note 1) that the constitution of Virginia contained no preamble (cf. No. 137 below): and,on page 247 and notes, it quotes precedents from the Maryland bill of rights instead of from the Virginia document from which the Maryland statement was taken; while page 248, in referring to "others [than Massachusetts that] realized keenly the vital importance of a clear and abiding statement of the immunities and privileges of man in civil society," adds the note: "A Declaration of Rights was adopted by Delaware, Maryland, New Hampshire (1784), North Carolina, Pennsylvania, Vermont,andVirginia" (!) The order of statement is ingeniously misleading. All the others named drew mainly from the one named last.

(2) Merriam'sHistory of American Political Theories(1902) contains several such misleading statements. On page 49, to illustrate the fact that some State constitutions (as well as the Declaration of Independence) asserted the doctrine of "inalienable rights," including "life, liberty, and the pursuit of happiness," reference is made in detail to the New Hampshire bill of rights (eight years later than the Declaration), but not at all to the Virginia bill of rights, which preceded the Continental Declaration. So, too, especially on page 153, a footnote is inserted expressly to show how the idea of "frequent recurrence to fundamental principles" was often expressed in Revolutionary State constitutions, as follows: "Massachusetts (1780), Art. 18; Pennsylvania (1776), Art. 14; New Hampshire, Art. 38; North Carolina, Art. 21; Vermont, Art. 16." Would it not have been well to recognize in such a list the State in whose constitution the phrase was first used?]

Preamble to the Virginia Constitution, June 29, 1776

The Virginia constitution, adopted on June 29, 1776, consisted of three parts: (1) a declaration of independence; (2) the bill of rights; (3) the frame of government. The original intention (No. 135, close) had been to include the last two only, and to leave the declaration of independence to Congress. But on June 24, when the convention hadnearly completed its consideration of the constitution, it received from Jefferson a draft of a constitution prefaced by a declaration of independence. Of the adoption of this preface, Jefferson wrote in 1825:"I was then at Philadelphia ... knowing that the Convention of Virginia was engaged in forming a plan of government, I turned my mind to the same subject, and drew a sketch ... of a Constitution with a preamble, which I sent to Mr. Pendleton, president of the Convention ... He informed me ... that he received it on the day on which the Committee of the Whole had reported to the House the plan they had agreed to; and that it had been so long in hand, so disputed inch by inch ... that they were worried with the contentions it had produced, and could not, from mere lassitude, have been induced to open the instrument again; but that, being pleased with the Preamble to mine, they adopted it in the House, by way of amendment to the report of the committee [June 29]; and thus my Preamble was tacked to the work of George Mason, ...The Preamble was prior in composition to the Declaration[of July 4]."[132]

"I was then at Philadelphia ... knowing that the Convention of Virginia was engaged in forming a plan of government, I turned my mind to the same subject, and drew a sketch ... of a Constitution with a preamble, which I sent to Mr. Pendleton, president of the Convention ... He informed me ... that he received it on the day on which the Committee of the Whole had reported to the House the plan they had agreed to; and that it had been so long in hand, so disputed inch by inch ... that they were worried with the contentions it had produced, and could not, from mere lassitude, have been induced to open the instrument again; but that, being pleased with the Preamble to mine, they adopted it in the House, by way of amendment to the report of the committee [June 29]; and thus my Preamble was tacked to the work of George Mason, ...The Preamble was prior in composition to the Declaration[of July 4]."[132]

Whereas George Guelf, king of Great Britain ... and heretofore entrusted with the exercise of the kingly office in this government [Virginia], hath endeavored to pervert the same into a detestable and insupportable tyranny:

by putting his negative on laws the most wholesome and necessary for the public good;by ... [21 indictments follow—similar to the charges in the Declaration soon after adopted at Philadelphia] by which several acts of mis-rule the said George Guelf has forfeited the kingly office, and has rendered it necessary for the preservation of the people that he should be immediately deposed from the same....

by putting his negative on laws the most wholesome and necessary for the public good;

by ... [21 indictments follow—similar to the charges in the Declaration soon after adopted at Philadelphia] by which several acts of mis-rule the said George Guelf has forfeited the kingly office, and has rendered it necessary for the preservation of the people that he should be immediately deposed from the same....

Be it therefore enacted by the authority of the people thatthe said George Guelf be, and he hereby is deposed from the kingly office within this government, and absolutely divested of all its rights, powers, and prerogatives: and that he and his descendants, and all persons acting by or through him, and all other persons whatsoever, shall be and forever remain incapable of the same: and that the said office shall henceforth cease, and never more either in name or substance be reestablished within this colony.

Journals of Congress(Ford edition), V, 357 ff.

IN CONGRESS, May 15, 1776.

Whereas, his Britannic majesty, in conjunction with the lords and commons of Great Britain, has, by a late act of parliament, excluded the inhabitants of these united colonies from the protection of his crown—And whereas no answer whatever to the humble petitions of the colonies for redress of grievances and reconciliation with Great Britain, has been, or is likely to be given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies—and whereas it appears absolutely irreconcilable to reason and good conscience, for the people of these colonies NOW to take the oaths and affirmations necessary for the support of any government under the crown of Great Britain;and it is necessary that the exercise of every kind of authority under the said crown should be totally suppressed, and all the powers of government exerted under the authority of the people of the colonies, for the preservation of internal peace, virtue, and good order, as well as for the defence of their lives, liberties and properties, against the hostile invasions and cruel depredations of their enemies—Therefore,

Resolved, That it be recommended to the respective assemblies, and conventions, of the united colonies, where no government sufficient to the exigencies of their affairs has been heretofore established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.

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