In 1776, on June 12, the Fifth Virginia Convention at Williamsburg, Virginia, unanimously adopted a Declaration of Rights, several weeks prior to the adoption of the state’s constitution. George Mason, who drafted the document, stated clearly in the preamble that rights must be “the basis and foundation of Government.”
The first four planks run as follows:
I. 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.
II. 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.
III. 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, 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 abolish it, in such manner as shall be judged most conducive to the public weal.
IV. 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 be hereditary.
There remains a strong argument for the right to bear arms, different from but related to its original function. People who are unable to protect themselves are dependent for protection on the police. The more dependent people are on the police, the more willing they are to tolerate, even support, increased police power. Hence disarming the population makes possible increased levels of government power and the misuse thereof, although for a somewhat different reason than in the 18th century. Which is an argument against restrictions on the private ownership of firearms.
If, as I believe, the ends of men are many, and not all of them are in principle compatible with each other, then the possibility of conflict — and of tragedy — can never wholly be eliminated from human life, either personal or social. The necessity of choosing between absolute claims is then an inescapable characteristic of the human condition. This gives its value to freedom as Acton conceived of it — as an end in itself, and not as a temporary need, arising out of our confused notions and irrational and disordered lives, a predicament which a panacea could one day put right.