Virginia was not behind Massachusetts. In her Declaration of Rights, drawn by that determined patriot, George Mason, and adopted June 12, 1776, anterior to the Declaration of Independence, is the following emphatic claim:—
“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 public good.”[237]
Here again the claim is not merely for the community, but for “all men,” and it is set forth thus positively in a Declaration of Rights.
And now listen to Benjamin Franklin. I quote a statement found among his papers, and placed by his excellent editor under date of 1768-9, while the Colonists were echoing the cry, “Taxation without representation is tyranny.”
“That every man of the commonalty, excepting infants, insane persons, and criminals, is of common right, and by the laws of God, a freeman, and entitled to the free enjoyment of liberty.
“That liberty or freedom, consists in having an actual share in the appointment of those who frame the laws, and who are to be the guardians of every man’s life, property, and peace; for the all of one man is as dear to him as the all of another, and the poor man has an equal right, but more need, to have representatives in the Legislature than the rich one.
“That they who have no voice nor vote in the electing of representatives do not enjoy liberty, but are absolutely enslaved to those who have votes and to their representatives; for to be enslaved is to have governors whom other men have set over us, and be subject to laws made by the representatives of others, without having had representatives of our own to give consent in our behalf.”[238]
Here is no claim for communities merely, but expressly for “every man,” including especially “the poor man,” and without distinction of color.
This American testimony is fitly crowned by the Declaration of Independence, which, beginning with the proclamation that “all men are created equal,” proceeds to assert that governments “derive their just powers from the consent of the governed.” Here again is no claim for communities, but for “all men”; and this is the most authoritative interpretation of the original claim thundered forth by Otis, and echoed throughout the land. It is idle to show that in certain instances the Fathers failed to apply the sublime principles they declared. Their failure can be no apology for us, on whom the duty is now cast.