7/10/2009

Hugo: 東亞大陸各地區獨立建國運動的指導憲章

在東亞大陸共產黨政權大崩潰的前夕,東亞大陸各地區推動獨立建國運動者,有必要參閱《維吉尼亞權利法案》與《維吉尼亞憲法》,否則東亞大陸各地區,未來如何能順利地建立各自的獨立國(Independent State)憲法?

1776年6月12日,維吉尼亞議會(The Virginia Assembly),通過了由George Mason草擬的《維吉尼亞權利法案》(The Virginia Bill of Rights);《維吉尼亞權利法案》是美國的第一部權利法案 (The Virginia Declaration of Rights has been called the first American bill of rights.),它提出了“All men are by nature equally free and independent”、“That all power is derived from the people”、“Magistrates are people's trustees and servants”與“Whenever any government shall be found inadequate, a majority of the community hath an right to reform, alter or abolish it”等重要的理念。

《維吉尼亞權利法案》裡的理念(The importance of the Virginia Declaration of Rights is that it was the first constitutional protection of individual rights, rather than protecting just members of Parliament or consisting of simple laws that can be changed as easily as passed.),影響了後來的“The United States Declaration of Independence”(July 4, 1776)、“The United States Bill of Rights”(completed September 1787, approved 1789)、“The French Revolution's Declaration of the Rights of Man and of the Citizen”(1789)等重要文件。

例如,“The United States Declaration of Independence”提到了“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

例如,“The French Revolution's Declaration of the Rights of Man and of the Citizen”提到了“Men are born and remain free and equal in rights. Social distinctions can be founded only on the common utility.”

《維吉尼亞憲法》(《The Constitution of the Commonwealth of Virginia》, The original Virginia Constitution of 1776 was enacted in conjunction with the Declaration of Independence by the first thirteen states of the United States of America.),最早是由“George Mason, Thomas Jefferson and James Madison”等草擬,並且於1776年6月29日通過的;此憲法的第一部分,含有《維吉尼亞權利法案》的主要文字。

這部《維吉尼亞憲法》是美國各殖民地國的先驅與範本(Virginia was the first state to adopt its own constitution, and the document was widely influential both in the United States and abroad.),美國各State的憲法,都在1776至1789年間制定。

《維吉尼亞權利法案》的內容如下:

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.

Section 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.

Section 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, 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.

Section 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 be hereditary.

Section 5. That the legislative and executive powers of the state should be separate and distinct from the judicative; and, that the members of the two first may be restrained from oppression by feeling and participating the burthens 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.

Section 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 representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good.

Section 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.

Section 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 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 judgement of his peers.
Section 9. That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.

Section 10. That general warrants, whereby any 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 offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.

Section 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.
Section 12. That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments.

Section 13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense 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 be governed by, the civil power.

Section 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.

Section 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.

Section 16. That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed 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.

Adopted unanimously June 12, 1776 Virginia Convention of Delegates drafted by Mr. George Mason

2009-7-10(Hugo Liberalitas:http://hugolovelordjesuschrist.blogspot.com/