Mr. Harvie, to whom it was referred, at the last Convention, to settle and state such of the Claims against the publick, on account of the late expedition against the Indians, as then remained unsettled, and to revise those already settled, in West-Augusta, made a Report of his proceedings therein; which was ordered to be referred to Mr. Archibald Cary, Mr. Thomas Lewis, Mr. Fleming, Mr. Winn, Mr. Rutherford, Mr. Wood, Mr. Drew, Mr. Bird, Mr. Tipton, Mr. Mercer, Mr. Hite, Mr. Simms, Mn McDowell, Mr. Madison, Mr. Moore, and Mr. Strother; and they are to report the same, together with their opinion thereupon, to the Convention.

Adjourned till Monday, ten o’clock.

Monday, May 27, 1776.

The President laid before the Convention a Letter from the Delegates appointed to represent this Colony in General Congress; also, a Letter from Colonel Stephen, of the Fourth Regiment, and a Letter from Colonel Preston; which were read, and ordered to be referred to the Committee on the state of the Colony.

A Petition of the Inhabitants of Hanover County was presented to the Convention, and read; setting forth, that in the present state of the country, they are apprehensive it will not be in their power to pay the taxes so necessarily assessed for the defence of their rights and liberties; and praying that the Convention will take into consideration the expediency of each County’s furnishing its proportion of provision for the Army, having regard to what kind of provisions each County should furnish; that such a scheme would afford the country in general the greatest relief, and be a means of preventing a few from engrossing the very profitable business of supplying the Army with provisions.

Ordered, That the said Petition be referred to the Committee of Propositions and Grievances; and that they are to report the same, with their opinion thereupon, to the Convention.

A Petition of Bennett Tompkins was presented to the Convention, and read; setting forth, that sometime in November last, four of his best Negroes endeavoured to make their escape to Lord Dunmore, but were apprehended and delivered to justice, two of whom were found guilty of theft, and ordered by the Convention to remain in prison till they could be tried according to law; that one of the said Negroes soon after died in prison; and praying such compensation for his loss as should be thought just and reasonable.

Ordered, That the said Petition be referred to the Committee of Publick Claims; and they are to report the same, together with their opinion thereupon, to the Convention.

Mr. Cary, from the Committee appointed to prepare a Declaration of Rights, and 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, reported, that the Committee had accordingly prepared a Declaration of Rights; which he read in his place, and afterwards delivered in at the Clerk’s table, where the same was again read, and ordered to be committed to a Committee of the whole Convention.*

Resolved, That this Convention will, on Wednesday next, resolve itself into a Committee on the said Declaration; and that, in the mean time, the same be printed for the perusal of the Members.

Ordered, That it be an instruction to the Committee to whom the Report of John Harvie, Gentleman, was referred on Saturday last, that they also receive the Report of Joseph Neaville, Gentleman, who was appointed to revise and adjust the Accounts against the publick for the late Indian expedition, in the Counties of Berkeley, Frederick, Dunmore, and Hampshire, and that they report the same, with their opinion thereupon, to the Convention.

Ordered, That Mr. Simpson, Mr. Richard Cary, Mr. Lockhart, Mr. Bowyer, Mr. Johnson, and Mr. Bullitt, be added to the Committee to whom the said Report is referred; and that any seven of the said Committee be a sufficient number to proceed to business.

Ordered, That Mr. Curle and Mr. Holt be added to the Committees of Privileges and Elections, Propositions and Grievances, and to the Committee appointed to prepare 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.

Ordered, That Mr. Newton and Mr. Russell be added to the Committee of Propositions and Grievances, and to the Committee appointed to prepare an Ordinance to encourage the making of Salt, Saltpetre, and Gunpowder.

A Petition of John Smelly and Joseph Cutchin was presented to the Convention, and read; setting forth, that they have been Inspectors at Smithfield and Fulham’s Warehouses

*WILLIAMSBURGH, VIRGINIA, May 27, 1776.

The following Declaration was reported to the Convention by the Committee appointed to prepare the same, and referred to the consideration of a Committee of the whole Convention; and, in the mean time, is ordered to be printed for the perusal of the Members:

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 us and our posterity, as the basis and foundation of Government.

1. That all men are born equally free and independent, and have certain inherent natural rights, of which they cannot, by any compact, deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

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.

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 mal-administration; and that whenever any Government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, un-alienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the publick 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 publick services; which, not being descendible or hereditary, the idea of a man being born a Magistrate, a Legislator, or a Judge, is unnatural and absurd.

5. That the Legislative and Executive powers of the State should be separate and distinct from the Judicative; and that the members of the two first may be restrained from oppression, by feeling and participating 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.

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.

7. That no part of a man’s property can be taken from him, or applied to publick uses, without his own consent, or that of his legal representatives; nor are the people bound by any laws but such as they have in like manner assented to for their common good.

8. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the Representatives of the people, is injurious to their rights, and ought not to be exercised.

9. That laws having retrospect to crimes, and punishing offences committed before the existence of such laws, are generally oppressive, and ought to be avoided.

10. 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 or witnesses, to call for evidence in his favour, and a speedy trial by an impartial jury 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.

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

12. That warrants unsupported by evidence, whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are grievous and oppressive, and ought not to be granted.

13. 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.

14. That the freedom of the Press is one of the great bulwarks of liberty, and can never be restrained but by despotick Governments.

15. 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.

16. That the people have a right to uniform Government, and therefore, that no Government separate from, or independent of, the Government of Virginia, ought, of right, to be erected or established within the limits thereof.

17. 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.

18. That Religion, or the duty 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 colour of religion, any man disturb the peace, the happiness, or safety of society. And that it is the mutual duty of all to practise Christian forbearance love, and charity towards each other.