No, I'm not talking this time about how the concepts contained in it are derived from the Habeas Corpus Act of 1679 nor even Magna Carta. I'm talking about the original Bill of Rights, which was put together about two weeks before the signing of the Declaration of Independence, as the opening of the new constitution of what would become the state of Virginia, along with a preliminary version of the Declaration itself, prior to the Revolution.
I didn't learn this in school, not even in our mandatory AmGov and US history classes that dealt with the Constitution. I found it out for myself, out of a nagging curiosity as to the origin of the memes of the Bill of Rights, which I had recently discovered were older than the national constitution itself, by virtue of them being incorporated (sometimes word for word) in the New Hampshire state constitution, which was signed into law in 1784.
A question of causality thus arose: where did NH get them from? And did the US constitution get it from which states, or did they all share a common origin?
but I did not find a date for it, unlike NH, I wasn't sure if some of the states were just basing theirs on the national one, or what. Until it occurred to look for the Virginia one, seeing as that was Jefferson's home state, and voila - not only did the Bill of Rights as a concept and in its specifics predate the Constitutional Convention, it - and this was the shocker - predated the very Revolution. Some of its themes were incorporated in the Constitution from the start, while the rest were added after by Amendment.
So, far from being a "suicide pact," it was one of the cornerstones of the founding of this country, from the very beginning.
And, take note: while it is a fine and high-sounding document, you will find in it the flaw that has never yet been reconciled, our greatest national hypocrisy, too. Take heed!
The Constitution of Virginia; June 29, 1776
Bill of Rights; June 12, 1776
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 them and their posterity, as the basis and foundation of government.
SECTION 1. 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.
SEC. 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.
SEC. 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 maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.
SEC. 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
SEC. 5. That the legislative and executive powers of the State should be separate and distinct from the judiciary; 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, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.
SEC. 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, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their representives so elected, nor bound by any law to which they have not, in like manner, assembled, for the public good.
SEC. 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.
SEC. 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 in his favor, and to a speedy trial by an impartial jury of twelve men 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.
SEC. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
SEC. 10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
SEC. 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.
SEC. 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.
SEC. 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.
SEC. 14. That the people have a right to uniform government; and, therefore, that no government separate from, or independent of the government of Virginia, ought to be erected or established within the limits thereof.
SEC. 15. 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.
SEC. 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 all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.
THE CONSTITUTION OR FORM OF GOVERNMENT, AGREED TO AND RESOLVED UPON BY THE DELEGATES AND REPRESENTATIVES OF THE SEVERAL COUNTIES AND CORPORATIONS OF VIRGINIA
Whereas George the third, King of Great Britain and Ireland, and elector of Hanover, heretofore intrusted with the exercise of the kingly office in this government, hath endeavoured to prevent, the same into a detestable and insupportable tyranny, by putting his negative on laws the most wholesome and necessary for the public good:
By denying his Governors permission to pass laws of immediate and pressing importance, unless suspended in their operation for his assent, and, when so suspended neglecting to attend to them for many years:
By refusing to pass certain other laws, unless the persons to be benefited by them would relinquish the inestimable right of representation in the legislature:
By dissolving legislative Assemblies repeatedly and continually, for opposing with manly firmness his invasions of the rights of the people:
When dissolved, by refusing to call others for a long space of time, thereby leaving the political system without any legislative head:
By endeavouring to prevent the population of our country, and, for that purpose, obstructing, the laws for the naturalization of foreigners:
By keeping among us, in times of peace, standing armies and ships of war:
By effecting to render the military independent of, and superior to, the civil power:
By combining with others to subject us to a foreign jurisdiction, giving his assent to their pretended acts of legislation:
For quartering large bodies of armed troops among us:
For cutting off our trade with all parts of the world:
For imposing taxes on us without our consent:
For depriving us of the benefits of trial by jury:
For transporting us beyond seas, to be tried for pretended offences:
For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever:
By plundering our seas, ravaging our coasts, burning our towns, and destroying the lives of our people:
By inciting insurrections of our fellow subjects, with the allurements of forfeiture and confiscation:
By prompting our negroes to rise in arms against us, those very negroes whom, by an inhuman use of his negative, he hath refused us permission to exclude by law:
By endeavoring to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions of existence:
By transporting, at this time, a large army of foreign mercenaries, to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy unworthy the head of a civilized nation:
By answering our repeated petitions for redress with a repetition of injuries: And finally, by abandoning the helm of government and declaring us out of his allegiance and protection.
By which several acts of misrule, the government of this country, as formerly exercised under the crown of Great Britain, is TOTALLY DISSOLVED.
We therefore, the delegates and representatives of the good people of Virginia, having maturely considered the premises, and viewing with great concern the deplorable conditions to which this once happy country must be reduced, unless some regular, adequate mode of civil polity is speedily adopted, and in compliance with a recommendation of the (general Congress, do ordain and declare the future form of government of Virginia to be as followeth:
The legislative, executive, and judiciary department, shall be separate and distinct, so that neither exercise the powers properly belonging to the other: nor shall any person exercise the powers of more than one of them, at the same time[...]
It then goes on into detail about local government arrangements in Virginia itself, which are historically interesting as a record of how voluntary self-organization takes place, but peripheral to our problems.
Notice the lack of slavish worship of the outer form of "Democracy" which doesn't actually serve the people nor have any accountability to them! Note the emphasis on a free press, and right to trial, and freedom from unreasonable search and siezure! Note as well the logic behind term limits: that leaders should, as a matter of course, have to go back and live like ordinary people so that they don't get too out of touch with the lives of citizens. [1]
In short, if the protection of civil rights is destructive to national safety, then this country never lived, never existed, but must have been stillborn, and we are still a colony of Great Britain.
Either that must be the case, or else those conservatives who wish to hold on to a Tory view of the world (while the Tories themselves, across the water, are becoming more and more liberal!) and defend authority of the privileged and submission of the masses, are as full of shit about US history as they are about sex. I realize that's a tough one to call, but...