munity have the right of suffrage, and cannot be taxed, or deprived of their property for public uses, Confirmatio without their own consent, or that of their repreChartarum. sentatives so elected, nor bound by any law to which they have not in like manner assented, for the public good.

VI.

Magna Charta, 3940.

Habeas Cor

pus Act. Trial by Jury.

Writs of Assistance un

warranted.

VII. 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. VIII. 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 favour, 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.

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

X. 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 described and supported by evidence, are grievous and oppressive, and ought not to be granted.

XI. That in controversies respecting property, See Chapter 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.

V.

Const. Art. i.,

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

XIII. That a well regulated militia, composed Sect. 8 (16). 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.

XIV. 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.

XV. That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by a frequent recurrence to fundamental principles.

XVI. 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, Freedom of according to the dictates of conscience; and that religious it is the duty of all to practise Christian forbearance, love and charity towards each other.

CONTEMPORARY EXPOSITION

faith.

WASHINGTON (1776)

TO JOHN AUGUSTINE WASHINGTON,

Philadelphia, 31 May, 1776.

DEAR BROTHER, I am very glad to find that the Virginia Convention have passed so noble a vote, and with so much unanimity. Things have come to that pass now, as to convince us, that we have nothing more to expect from the justice of Great Britain. . . . To form a new government requires infinite care and unbounded attention: for if the foundation is badly laid, the superstructure must be bad. Every man should consider, that he is lending his aid to frame a constitution which is to render millions happy or miserable, and that a matter of such moment cannot be the work of a day.

GEORGE WASHINGTON, Works. IV. 105-107.

JOHN ADAMS (1776)

As I supposed no man would think of consolidating this vast continent under one national government, we should probably, after the example of the Greeks, the Dutch, and the Swiss, form a confederacy of States, each of which must have a separate government. That the case of Massachusetts was the most urgent, but that it could not be long before every other Colony must follow her example. That with a view to this subject, I had looked into the ancient and modern confederacies for examples, but they all appeared to me to have been huddled up in a hurry, by a few chiefs. But we had a people of more intelligence, curiosity, and enterprise, who must be all consulted, and we must realize the theories of the wisest writers, and invite the people to erect the whole building with their own hands, upon the broadest foundation. That this could be done only by conventions of representatives chosen by the people in the several colonies, in the most exact proportions. That it was my opinion that Congress ought now to recommend to the people of every Colony to call such conventions immediately, and set up governments of their own, under their own authority; for the people were the source of all authority and original of all power. These were new, strange, and terrible doctrines to the greatest part of the members, but not a very small number heard them with apparent pleasure, and none more than Mr. John Rutledge, of South Carolina, and Mr. John Sullivan, of New Hampshire.

Congress, however, ordered the letter to lie on the table for further consideration.

On Saturday, June 3d, the letter from the convention of the Massachusetts Bay, dated the 16th of May, being again read, the subject was again discussed, and then,

66 Resolved, That a committee of five persons be chosen, to consider the same, and report what in their opinion is the proper advice to be given to that Convention.'

The following persons were chosen by ballot, to compose that committee, namely, Mr. J. Rutledge, Mr. Johnson, Mr. Jay, Mr. Wilson, and Mr. Lee. These gentlemen had several conferences with the delegates from our State, in the course of

which, I suppose, the hint was suggested, that they adopted in their report.

Mr. Rutledge asked me my opinion of a proper form of government for a State. I answered him that any form that our people would consent to institute, would be better than none, even if they placed all power in a house of representatives, and they should appoint governors and judges; but I hoped they would be wiser, and preserve the English Constitution in its spirit and substance, as far as the circumstances of this country required or would admit. That no hereditary powers ever had existed in America, nor would they, or ought they to be introduced or proposed; but that I hoped the three branches of a legislature would be preserved, an executive, independent of the senate or council, and the house, and above all things, the independence of the judges. . .

On Wednesday, October 18th, the delegates from New Hampshire laid before the Congress a part of the instructions delivered to them by their Colony, in these words: :

"We would have you immediately use your utmost endeavours to obtain the advice and direction of the Congress, with respect to a method for our administering justice, and regulating our civil police. We press you not to delay this matter, as its being done speedily will probably prevent the greatest confusion among us."

Although the opposition was still inveterate, many members of Congress began to hear me with more patience, and some began to ask me civil questions. "How can the people institute governments?" My answer was, "By conventions of representatives, freely, fairly, and proportionably chosen." "When the convention has fabricated a government, or a constitution rather, how do we know the people will submit to it?" "If there is any doubt of that, the convention may send out their project of a constitution, to the people in their several towns, counties, or districts, and the people may make the acceptance of it their own act." "But the people know nothing about constitutions." "I believe you are much mistaken in that supposition; if you are not, they will not oppose a plan prepared by their own chosen friends; but I believe that in every considerable portion of the people, there will be found

some men, who will understand the subject as well as their representatives, and these will assist in enlightening the rest." "But what plan of a government would you advise?" "A plan as nearly resembling the government under which we were born, and have lived, as the circumstances of the country will admit. Kings we never had among us. Nobles we never had. Nothing hereditary ever existed in the country; nor will the country require or admit of any such thing. But governors and councils we have always had, as well as representatives. A legislature in three branches ought to be preserved, and independent judges." "Where and how will you get your governors and councils?" "By elections." "How, - who shall elect?" "The representatives of the people in a convention will be the best qualified to contrive a mode."

66

After all these discussions and interrogatories, Congress was not prepared nor disposed to do anything as yet. They must consider farther.

"Resolved, That the consideration of this matter be referred to Monday next."

Monday arrived, and Tuesday and Wednesday passed over, and Congress not yet willing to do anything.

.. Yet they could not be brought to agree upon a report and to bring it forward in Congress, till Friday, November 3rd, when Congress, taking into consideration the report of the committee on the New Hampshire instructions, after another long deliberation and debate,

"Resolved, That it be recommended to the Provincial Convention of New Hampshire, to call a full and free representation of the people, and that the representatives, if they think it necessary, establish such a form of government, as in their judgment will best produce the happiness of the people, and most effectually secure peace and good order in the Province, during the continuance of the present dispute between Great Britain and the Colonies."

By this time I mortally hated the words, "Provinces," "Colonies," and "Mother Country," and strove to get them out of the report. The last was indeed left out, but the other two were retained even by this committee, who were all as high