Fifth Convention (6 May 1776).— The growth of the idea of American independence was slow in the Old Dominion. The burning of Norfolk on 1 January and the successes of Washington in the early spring in ousting the British from Boston, precipitated opinion in Virginia. The election of delegates to the May convention took place during April and the two points which constantly recur in the in structions given them are independence and representative government. For instance, the freeholders of Charlotte County, on 23 April 1776 said to their representatives: 6We give it in charge to you to use your best endeavors that the delegates which are sent to the General Congress be instructed immediately to cast off the British yoke? The fifth convention met on 6 May 1776, at Williamsburg, 66 counties and corporations being represented by 131 delegates. Twenty-nine of these were new members, whose selection is perhaps attributable to the increase of religious dissent in the colony. Among the new members were James Madison, recently from Princeton College, and Edmund Randolph, son of the king's late attorney-general, who had taken ship with Lord Dunmore for Eng land. George Mason, owing to sickness, did not talce his seat until 18 May, bringing perhaps in his pocket both a declaration of rights and a draft of a constitution for the anticipated cont., monwealth. The convention was at once a legislative, constituent and executive body. The three great xneasures of constructive policy which it formulated were: First, the instruc tions to the Virginia delegates in Congress to proposF independence; second, the bill of rights, and durd, the constitution of Virginia. Its ses sion lasted 51 da3s, a Inief space, considering the novel and momentous task of otganizing a commonwealth. Edmund Randolph tells us that the resolution instructing the delegates in Con gress to propose the dLclaration that "the United States are free and independent States° was (drawn by Mr. Pendleton, proposed by General Nelson, and enforced by Mr. Henry.° The first drafts of the motion for independence in the convention were found some years ago in the Virginia State Librarv. by William Wirt Henry and may be seen in his 'Life of Patrick Henry.' They were endorsed by the clerk, (Rough Resolutions, Independence After the passage on 15 May 1776 of tlie resolution in structing the delegates in Congress to propose independence of Britain, the British flag was at once struck on the capitol at VVilliamsburg and the colonial colors hoisted in its stead. At night,
the town was illuminated and the people were jubilant. On 27 May, Archibald Cary presented to the convention the ((Declaration of Rights,6 which had been originally drawn by George Mason. In it the well4cnown guarantees of personal liberty are admirably stated. It was in the discussion of the articles in this ((Declara tion"' bearing upon religious toleration, that James Madison came forwarci for the first time, emphasizing the distinction between religious liberty and toleration and contending boldly for an expression of outright religious liberty.
In consequence, the convention declared in the 16th article, that *all men are entitled to the free exercise of religion, according to the dic tates of conscience.* The *Declaration* thus framed has been the Magna Charta of Vir ginia, forming an integral part of every con stitution since that day. It is the bed-rock of republican government The original draft of the *Declaration of Rights,* in Mason's own handwriting, was presented to the State of Vir ginia, 15 Feb. 1844, by Gen. John Mason, the last surviving son of George Mason of Gunton Hall. This copy now hangs on the wall of the Virginia State Library. Seven different schemes of government are known to have been before the convention. From these was evolved the first constitution, which was finally adopted on 29 June 1776— the natal day of the common wealth of Virginia. This constitution provided for a bicameral legislature, called the House of Delegates and senate, elected by freeholders. The executive was to be a governor, elected annually by the house and senate on joint bal lot He was to be assisted by a privy council, consisting of eight members chosen by the legis lature. The judges of the Supreme Court of Appeals, judges of admiralty and attorney-gen eral were elected also by the legislature and continued in office during good behavior. All laws were to originate in the house of dele gates, but were, except money.bills, amendable by the senate. The convention immediately elected Patrick Henry as governor and Edmund Randolph as attorney-general. The new gov ernment went into operation at once. After making provision for an increase of troops and for the vigorous prosecutice of the war the convention adjourned on 5 July 1776. The Com monwealth of Virginia was thus launched upon its historic development See Unarm SrAres