GEORGE MASON, OF VIRGINIA,

AUTHOR OF THE CELEBRATED BILL OF RIGHTS THE FIRST ADOPTED IN AMERICA, AND ONE OF THE MOST DISTINGUISHED PATRIOTS IN THE COLONIES.

MR. NILES,

Sir: The emancipation of the states of North America must ever be regarded as one of the most memorable events recorded in the annals of the human race. The revolutions, which have embroiled and desolated the great nations from which they sprang, are acknowledged to have received their first impulse from the principles and events of the American struggle. The grave has closed upon a great majority of the leaders in the American revolution; and the characters of the founders of our independence and freedom are beginning to be contemplated with the severe impartiality of a distant posterity. The passions which buoyed, annoyed, or infested their individual fame have subsided. Each is receiving a settled and mellow lustre ; and a just judgment is already busily engaged in assigning the decree of estimation and respect which a grateful posterity should continue to render to the memory of each of those whose efforts have obtained so many blessings and such everlasting glory for this nation.

Among the conductors of those important events, the name of George Mason, must always hold a distinguished place. An exhibition of character, in a public station, may be calculated to give an impression of the profoundest respect; but, the sincerest, and best affections of the heart can only be won by those traits, which are developed when the individual has been divested of the imposing forms and circumstances of place and office. It is for these reasons, as well as for the rays of light which they shed upon the most interesting portion of the history of our country, that I send you the following papers.

George Mason, their author, was an independent planter, resident in Fairfax county, Virginia, his native state, when the revolution commenced. He was a man endowed by nature with a vigorous understanding, which had been well cultivated by a liberal education. He was a sound constitutional lawyer, although he had not practiced or been bred to the profession. His mind had, evidently, been well stored from the best political writers of his time. In temperance he was; like the younger Cato, constitutionally stern, firm, and honest; and in all the affairs of life, in which he was engaged, as well private as public, he was habitually,

minutely, and critically clear, punctual, exact, and particular. He was a member of the first conventions and assemblies elected by the people independently of the colonial authorities. He chose and valued most, the station of a representative of the people; because he thought it most honorable, and one where he could be most useful; nor did he ever consent to accept of any other, but once, when he acted as a commissioner to adjust the navigation and boundary, between Maryland and Virginia. He was a man of the people in spirit and in truth; and every act of his life incontestibly evinces, that in their cause he never once, or for a single moment, trembled, hesitated, or wavered.

Many intelligent foreigners, and some of our own countrymen, whose judgments have been confused or perverted by aristocratic principles, entertain a belief, and propagate the opinion, that our liberties were principally established by the integrity, wisdom, and forbearance of our military leaders. To such it will be particularly instructive to attend to the first of the following letters from this venerable patriot; written at a time, and under circumstances singularly impressive and affecting. In a ripe old age, chastened by experience, when the hand of Providence had visited his household with such an affliction as to induce him to desire no more the return of hilarity to his heart, he seats himself in his closet to unbosom himself to his friend; to tell him of his political opinions and principles and to speak of the sentiments, feelings, and probable fortunes of his country. This letter, which is so highly honorable to its author, furnishes conclusive proof, that all the chiefs, as well military as civil, were guided and controled by the people, and bears ample testimony to their virtue and their glory.

He was a

He was a member of the convention which formed the present constitution of the United States, and appears to have been deeply, and sincerely impressed with the magnitude of the undertaking. He was afterwards a member of the convention of Virginia by which it was ratified, which he actively and firmly opposed, without previous amendments. most decided enemy to all constructive and implied powers. And it is remarkable, that he was the author of some, and the warm advocate of every amendment since made to it. His friend and coadjutor, the illustrious Henry, poured forth the boundless wealth of his impassioned eloquence in opposition; he charmed, enchanted, or won over many of his auditors to withhold their assent from the proposed plan of government. But, when Mason spoke, he

2. That all power is by God and nature vested in and consequently derived from the people; that magistrates are their trustees and servants, and at all times amenable to them.

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

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.

5. That the legislative and executive powers of the state should be separate and distinct from the judicial; and that the members of the two first may be restrained from oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, and return unto that body from which they were originally taken, and vacancies be supplied by frequent, certain and regular election. (^)—

6. That elections of members, to serve as representatives of the people in the legislature, 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 common good.

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.

can he be compelled to give evidence against himself; and that no man be deprived of his liberty, except by the law of the land, or the judgment of his peers.

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

10. (This article was inserted by the convention.)

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.

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

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.

14. (This article also was inserted by the convention.)

15. 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 frequent recurrence to fundamental principles.

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 that all men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience, unpunished and unrestrained by the magistrate; unless under color of religion, any man disturb the peace, the happiness, or the safety of society. And that it is the mutual duty of all to practise Christian forbearance, love, and charity toward each other.

"This declaration of rights was the first in America; it received few alterations or additions in the Virginia convention, (some of them not for the better,) and was afterwards closely imitated by the other United States."

that which was adopted by the convention, and is still in force, it has been thought proper to number the articles as in the adopted declaration, omitting the tenth and fourteenth which were inserted entire by the convention; and to place those words in italics, which were either expunged or altered, and to put a caret where others were added.

LETTER FROM GEORGE MASON.

VIRGINIA, GUNSTON-HALL, Oct. 2, 1778. "My dear sir.—It gave me great pleasure, upon receipt of your favor of the 23d of April, (by Mr. Digges) to hear that you are alive and well, in a country, where you can spend your time agreeably; not having heard a word from you, or of you, for two years before. I am much obliged, by the friendly concern you take in my domestic affairs, and your kind enquiry after my family; great alterations have happened in it. About four years ago I had the misfortune to lose my wife: to you, who knew her, and the happy manner in which we lived, I will not attempt to describe my feelings: I was scarce able to bear the first shock, a depression of spirits, a settled melancholy followed, from which I never expect, or desire to recover. I determined to spend the remainder of my days in privacy and retirement with my children, from whose society alone, I could expect comfort. Some of them are now grown up to men and women; and I have the satisfaction to see them free from vices, good-natured, obliging and dutiful: they all still live with me, and remain single, except my second daughter, who is lately married to my neighbor son. My eldest daughter (who is blessed with her mother's amiable disposition) is mistress of my family, and manages my little domestic matters, with a degree of prudence far above her years. My eldest son engaged early in the American cause, and was chosen ensign of the first independent company formed in Virginia, or indeed on the continent; it was commanded by the present general Washington as captain, and consisted entirely of gentlemen. In the year 1775, he was appointed a captain of foot, in one of the first minute-regiments raised here; but was soon obliged to quit the service, by a violent rheumatic disorder; which has followed him ever since, and, I believe will force him to try the climate of France or Italy. My other sons have not yet finished their education: as soon as they do, if the war continues, they seem strongly inclined to take an active part.

In the summer of '75, I was, much against my inclination, drag'd out of my retirement, by the people of my county and sent a delegate to the general convention at Richmond; where I was appointed a member of the first committee of safety; and have since, at different times, been chosen a member of the privy-council, and of the American congress; but have constantly declined acting in any other public character than that of an independent representative of the people, in the house of delegates; where I still remain, from a consciousness of being able to do my country more service there, than in any other department, and have ever since devoted most of my time to public business; to the no small neglect and injury of my private fortune; but if I can only live to see the American union firmly fixed, and free governments well established in our western world, and can leave to my children but a crust of bread and liberty, I shall die satisfied; and say, with the psalmist, "Lord now lettest thou thy servant depart in peace.” -To show you that I have not been an idle spectator of this great contest, and to amuse you with the sentiments of an old friend upon an important subject, I enclose you a copy of the first draught of the declaration of rights, just as it was drawn and presented by me, to the Virginia convention, where it received few alterations; some of them I think not for the better: this was the first thing of the kind upon the continent, and has been closely imitated by all the states. There is a remarkable sameness in all the forms of government throughout the American union, except in the states of South Carolina and Pennsylvania; the first having three branches of legislature, and the last only one; all the other states have two: this difference has given general disgust, and it is probable an alteration will take place, to assimilate these to the constitutions of the other states. We have laid our new government upon a broad foundation, and have endeavored to provide the most effectual securities for the essential rights of human nature, both in civil and religious liberty; the people become every day more and more attached to it; and I trust that neither the power of Great Britain, nor the power of hell will be able to prevail against it.

There never was an idler or a falser notion, than that which the British ministry have imposed upon the nation, that this great revolution has been the work of a faction, of a junto of ambitious men against the sense of the people of America. On the contrary, nothing has been done without the approbation of the