Proposed Amendments Agreed Upon by the Anti-federal Committee of Richmond and Dispatched to New York

[ca. 11 June 1788]

That there be a Declaration or Bill of Rights, asserting and securing from Encroachment the essential and unalienable Rights of the People, in some such Manner as the following.

1. That all Freemen have certain essential inherent Rights, of which they can not by "any Compact, deprive or divest their Posterity; among which are the Enjoyment of Life and Liberty, with the Means of acquiring, possessing, and protecting Property, and pursueing and obtaining Happiness and Safety.

2. That all Power is naturally vested in, and consequently derived from the People; that Magistrates therefore are their Trustees and Agents; and at all times amenable to them.

3. That Government ought to be instituted for the common Benefit, Protection, and Security of the People; and that whenever any Government shall be found inadequate or contrary to these Purposes, a Majority of the Community hath an indubitable, unalienable, and indefeasible Right to reform, alter, or to abolish it, and Establish another, in such Manner as shall be judged most conducive to the Public Weal; and that the Doctrine of non resist[ance] against arbitrary Power & oppression is absurd, slavish, & destructive of the Good & Happiness of Mankind.

4. That no Man, or set of Men, are entitled to exclusive or separate public 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, or any other public Office, to be hereditary.

5. That the legislative executive and judiciary Powers of Government shou'd be separate & distinct; and that the Members of the two first may be restrained from Oppression, by feeling and participating in the public Burthens, they shou'd at fixed Periods, be reduced to a private Station, return into the Mass of the People, and the Vacancys be supplied by certain & regular Elections; in which all, or any Part of the former Members to be eligible, or ineligible, as the Rules of the Constitution of Government, & the Laws shall direct.

6. That the Right of the People to participate in the Legislature is the best Security of Liberty, and the Foundation of all free Government; for this Purpose Elections ought to be free, & frequent; and all men having sufficient Evidence of permanent common Interest with, and Attachment to the Community, ought to have the Right of Suffrage and that no aid charge Tax, or fee can be set rated or levyed upon the People, without their own Consent or that of their Representatives, so elected, nor can they be bound by any Law to which they have not, in like Manner, assented, for the public Good.

7. That all Power of suspending Laws, or the Execution of Laws, by any Authority, without the Consent of the Representatives of the People in the Legislature, is injurious to their Rights, and ought not to be exercised.

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, & be admitted Counsel in his Favour, and to a fair & speedy Trial by an impartial Jury of his Vicinage; without whose unanimous Consent he can not be found guilty, (except in the Government of the Land and Naval Forces in time of actual War, Invasion, or Rebellion) nor can he be compelled to give Evidence against himself.

9. That no freeman ought to be taken, imprisoned, or disseized of his Freehold, Liberties, privileges, or Franchises, or outlawed, or exiled, or in any Manner destroyed, or deprived of his Life, Liberty, or Property but by the Law of the Land.

10. That every freeman restrained of his Liberty, is entitled to a Remedy, to enquire into the Lawfulness thereof, and to remove the same if unlawful, and that such Remedy ought not to be denyed, or delayed.

11. That in Controversies respecting Property, and in Suits between Man and Man, the ancient Trial by Jury of Facts, where they arise, is one of the greatest Securities to the Rights of a free People, and ought to remain sacred and inviolable.

12. That every Freeman ought to find a certain Remedy, by Re-course to the Laws, for all Injurys or Wrongs he may receive in his Person Property or Character. He ought obtain Right and Justice freely, without Sale, compleatly & without Denial, promptly and without Delay; and that all Establishments or Regulations contravening these Rights are oppressive and unjust.

13. That excessive Bail ought not to be required, nor excessive Fines imposed, nor cruel and unusual Punishments inflicted.

14. That every free Man has a Right to be secure from all unreasonable Searches and Seizures of his Person, his papers, and his property. All Warrants therefore to search suspected places, or to seize any freeman, his papers, or Property, without Information upon Oath (or Affirmation of a Person religiously scrupulous of taking an Oath) of legal and sufficient Cause, are grievous and oppressive; and all general Warrants to search suspected places, or to apprehend any suspected Person, without specially naming or describing the place or Person, are dangerous, and ought not to be granted.

15. That the People have a Right peaceably to assemble together to consult for their common Good or to instruct their Representatives, and that every freeman has a right to petition, or apply to the Legislature for Redress of Grievances.

16. That the People have a Right to Freedom of Speech, and of Writing and publishing their Sentiments; that the Freedom of the Press is one of the great Bulwarks of Liberty, and ought not to be violated.

17. That the People have a Right to keep & to bear Arms; 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 Armys in time of Peace are dangerous to Liberty, and therefore ought to be avoided, as far as the Circumstances and Protection of the Community will admit; and that in all Cases, the Military shou'd be under strict Subordination to and govern'd by the Civil Power.

18. That no Soldier in time of Peace ought to be quartered in any House without the Consent of the Owner; and in time of War, only bv the Civil Magistrate in such Manner as the Laws direct.

19. That any Person religiously scrupulous of bearing Arms ought to be exempted, upon payment of an Equivalent, to employ another to bear Arms in his Stead.

20. 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 have an equal natural and unalienable Right to the free Exercise of Religion, according to the Dictates of Conscience, And that no particular religious Sect or Society of Christians ought to be favoured or established by Law, in Preference to others.

Source: 3 The Papers of George Mason 1068-1071 (Robert A. Rutland ed. (1970)).