Founding document · 1776

Virginia Declaration of Rights

Adopted by the Fifth Virginia Convention at Williamsburg three weeks before the Declaration of Independence, the declaration held that all men are by nature equally free and independent, that all power is derived from the people, and that government is instituted for the common benefit. Drafted chiefly by George Mason and amended in convention, it protected trial by jury and freedom of the press and, at James Madison’s urging, guaranteed the free exercise of religion rather than mere toleration.

“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.”

George Mason (principal drafter), June 12, 1776

Why it matters

Widely copied by the other states, it influenced Jefferson’s draft of the Declaration of Independence and became a model for the federal Bill of Rights.

Read the full text at archives.gov

Primary Source

The original record, reproduced or linked from the institution that holds it. Primary sources show what people said and did in their own words.

Subjects

founding natural rights bill of rights religious liberty virginia

From the library

Related Documents

PM·DOC·1785·005Primary Source

Founding document · c. June 20, 1785

Memorial and Remonstrance Against Religious Assessments

Written anonymously by James Madison and circulated as a petition to the Virginia General Assembly, the Memorial opposed a bill backed by Patrick Henry to levy a general assessment — a tax to support teachers of the Christian religion. In fifteen numbered arguments, Madison held that religion “can be directed only by reason and conviction, not by force or violence,” that duty to the Creator comes before the claims of civil society, and that legal establishments had harmed both religion and government.

Held by Library of CongressOpen archive

PM·DOC·1786·006Primary Source

Legislation · January 16, 1786

Virginia Statute for Religious Freedom

Drafted by Thomas Jefferson in 1777 and first introduced in 1779, the bill was guided to passage by James Madison while Jefferson served as minister to France. Its preamble declared that “Almighty God hath created the mind free,” and its enacting clause provided that no one could be compelled to attend or support any religious worship or suffer for religious opinions, and that such opinions would not diminish or enlarge anyone’s civil capacities.

Held by Library of VirginiaOpen archive

PM·DOC·1791·013Primary Source

Constitutional text · December 15, 1791

The Bill of Rights

Proposed by the First Congress on September 25, 1789, largely from drafts by James Madison, the first ten amendments guarantee freedom of religion, speech, press, assembly and petition, the right to keep and bear arms, protections for the accused, trial by jury, and the reservation of undelegated powers to the states or the people. Congress sent twelve amendments to the states; ten were ratified by December 15, 1791, and another became the Twenty-seventh Amendment in 1992.

Held by National ArchivesOpen archive