August 24 Found Mason example essay topic

There were three principal meetings that led to the adoption of the Constitution of the United States, and only two Virginians attended all three. The meetings were the Mount Vernon Conference of 1785, the Annapolis Convention of 1786 and the Philadelphia Convention in 1787. James Madison was one attendee, and he is well known as the Father of the Constitution and our fourth President. George Mason was the other, yet his name does not spring to mind. Does George Mason deserve the accolade 'Founding Father?' This paper will explore the political life of Mason and attempt to answer the question affirmatively.

Before exploring Mason through his papers, his biographies and the papers of his contemporaries, it is necessary to decide what one must have done to be included in the list of our republic's founders. For purposes of this investigation, we must find that Mason's words or actions were influential in the document as finally ratified. While Mason's authorship of the Virginia Declaration of Rights is easily tied to the Bill of Rights, the question for this paper is whether Mason's handprints appear on the mold of our Constitution. Mason is well regarded as a political writer. 'His three most brilliant papers - 'Extracts from the Virginia Charters', 'The Virginia Resolutions' and 'Declaration of Rights' have become immortalized as the very foundations of American democracy.

' Herbert Lawrence Garter identified George Mason as an 'eighteenth century champion of liberty for all. ' But these approbations are difficult to uncover. More commonly, one finds quotations such as '... the writings of the great thinkers of the age - Jefferson, Madison, Hamilton, Adams... ' To adequately examine George Mason, a brief review of his pre-convention life and activities helps set up his provenance as a founding father. George Mason, the fourth so named in this lineage, was born about 1725.

His father drowned during a squall while crossing the Potomac in 1735. His education was at the hand of his paternal uncle and co-guardian John Mercer of Marlborough who had '... assembled one of the outstanding libraries in the colony... ' Mercer's collection was heavily weighted toward law and legal treatises but contained the currently popular classic literature as well as works on philosophy, mathematics and science. Notwithstanding his services to the town of Alexandria, Virginia and his brief stints in the Virginia House of Burgesses, Mason's first major contribution to the American political literature was a plan he conceived to thwart the effect of the unpopular Stamp Act of 1765. This work by Mason is cited often in the literature, although the reason for its inclusion appears to be his tirade renouncing the tradition of slavery.

However, beyond a brief mention of the evils of slavery in the opening paragraph, the true value of this document is the description of a scheme to avoid Stamp Act taxation while retaining security in bonds and rents. This intricate plan was never implemented as the Stamp Act was repealed shortly afterward. The British Parliament adopted the Townshend Acts 1767, the colonies responded by adopting non-importation associations, and George Mason's hand was to be found in those documents. The Virginia Nonimportation Resolutions were modeled after the original resolve of Philadelphia merchants. Scholars argue over whether this was the sole work of Mason, or whether he merely served on the committee.

Nevertheless, on April 5th, 1769, George Washington forwarded copies of the Philadelphia resolution to George Mason. That same day, George Mason dispatched his reply to Washington, expressing Mason's thoughts at implementation of the plan. The important element of this exchange is that Mason was already in possession of the plan when Washington forwarded duplicates. Mason explained that he was '... inclosing the Resolves of the Merch ts. in Philadelphia &c. which... I had before recd. Duplicates of them from our Friend the Doctor.

' Problems with the Crown continued, and in response to the Tea Party in 1773, Parliament passed the Boston Port Bill. Responding to requests for aid from Massachusetts, prominent Virginians in Fairfax County assembled to consider what could be done. In addition to providing relief in the form of goods, Fairfax County decided to issues a series of resolves. George Washington, in his capacity as chairman of the meeting and a member of the committee selected to draft the resolves appointed George Mason the task of drafting these potentially treasonous statements of resolve. Although taken by themselves the Fairfax County Resolves seem less than important, their significance lies in the hand of George Mason whose political thoughts are expressed there. These resolutions cleared the path for the Virginia Convention in Richmond in 1775, the formation of the Continental Congress and the adoption of Jefferson's masterpiece, the Declaration of Independence.

Mason continued to be involved in local government movements which were opposed to the activities of the Crown. Having made the resolution, Fairfax County once again assembled, this time with George Mason as chair, and formed the Fairfax County Militia Association, the first such company to be established on the continent. While Mason seemed comfortable with his public service on a local basis, the death of his wife Ann Eil beck Mason in 1773 had left him with nine motherless children, ranging in age from twenty to three years. When George Washington vacated his position in the Virginia Convention to serve as commander-in-chief of the Continental Army, Mason was approached to fill his post as a deputy of Fairfax County. His letter of regret, dated July 11, 1775 and postmarked Gunston Hall, reads in part: 'I entreat you, Sir, to reflect on the duty I owe to a poor little helpless family of orphans to whom I now must act the part of father and mother both... ' His regrets were for naught, as Mason served as a deputy from Fairfax County in the Virginia Convention held in Williamsburg in July 1775.

His service continued through the next year, when independence was at the forefront of political thought. The convention, which included such Virginia political luminaries as Patrick Henry, James Madison and Edmund Randolph, in fact passed a resolution calling on the Virginia delegates to Congress to declare independence. A second resolution '... appointed a committee to prepare a declaration of rights and a plan of government 'as will be most likely to maintain peace and order in the colony, and secure substantial and equal liberty to the people. ' ' The committee considered plans submitted by John Adams, Carter Braxton and Thomas Jefferson. The chosen author was George Mason. Mason has been identified by both of his biographers as being short tempered with committee service due to his quick mind and expansive knowledge.

From Williamsburg, on May 18th, 1776, Mason wrote to Richard Henry Lee: 'The Committee appointed to prepare a plan is, according to Custom, overcharged with useless Members. ' 'We shall, in all probability have a thousand ridiculous and impracticable proposals, & of Course, a Plan form'd of hetrogenious, jarring & unintelligible Ingredients;' 'The most contemporary evidence of Mason's major authorship of the Virginia Constitution is from William Fleming, Convention delegate from Cumberland County, who on 22 June sent Jefferson a committee print, revised to date, of the frame of government being considered by the Convention, with the notation: 'the inclosed printed plan was drawn by Colo. G. Mason and by him laid before the committee. ' ' On June 29, Richard Henry Lee, in a letter to General Charles Lee, said, 'I have been in this City a week where I have had the pleasure to see our new plan of Government go on well. This day will put a finishing hand to it. 'Tis very much of the democratic kind.

' Not only did Mason author and accept credit for the Virginia Declaration of Rights, he is credited with providing the principal framework for the Virginia Constitution. There are three important and noteworthy aspects of the Virginia Convention of 1776. George Mason was the principal architect of the Virginia Declaration of Rights and substantial contributor to the plan of government (the Constitution). 'In this forum he was to win imperishable fame as the chief architect and builder of a new government, a complete structure founded on an exhaustive enumeration of the fundamental principles of civil and religious liberty. ' The Declaration of Rights was written and agreed upon prior to consideration of the plan of government. Young James Madison was in attendance during the contemplations and debates.

Madison was only twenty five years old, and serving in his first public capacity. Mason was older (he was about fifty one), vastly richer and more experienced. Madison, in his autobiographical notes published in 1832, reflected on his attendance at the convention, wherein he did not enter into the debates. His only substantive comment relating to his activities was his disagreement with 'Geo. Mason, who had inadvertently adopted the word 'toleration' in the articles on that subject (freedom of conscience). The change suggested and accepted, substituted a phraseology which - declared the freedom of conscience to be a natural and absolute right.

' What sort of man presented himself at the Virginia Convention? Thomas Jefferson, in his autobiography, said that Mason was '... a man of the first order of wisdom... of expansive mind, profound judgment, cogent in argument, learned in the lore of our former constitution, and earnest for the republican change on democratic principles. His elocution was neither flowing nor smooth, but his language was strong, his manner most impressive, and strengthened by a dash of biting cynicism when provocation made it seasonable. ' Mason's idea of proper government came from his intense knowledge of the works of John Locke, and his choice of the term 'commonwealth' for the form of Virginia's government was based on the Lockean notion that a commonwealth was a form of government wherein the legislature was supreme. The Commonwealth of Virginia, as established in 1776, was bicameral, provided for a salaried governor and treasurer chosen annually by joint ballot of both Houses, a Privy Council to assist in administration, a supreme judiciary appointed by both Houses and inferior courts appointed by the governor and Privy Council. George Mason served as a delegate from Fairfax County until 1780 whereupon he retired from public life to attend to matters at Gunston Hall.

Long saddled with the discomfort of gout (which Mason referred to as 'St. Elmo's Fire'), he eschewed public service in most of his correspondence, but as this phrase in a letter to Edmund Randolph of October 19, 1782 shows, he '... wou'd at any time, most cheerfully, sacrifice my own Ease & domestic Enjoyment to the Public-Good. ' By providence and happenstance George Mason attended the Mount Vernon Conference of 1785 and was a signatory to the Mount Vernon Compact that settled navigation and landing rights issues with Maryland along the Potomac River. Scholars maintain that James Madison, who had been appointed a commissioner but failed to receive timely notice, was so pleased with the comity achieved between the two states that he pressed for a larger meeting in Annapolis to discuss defects in the Articles of Confederation relating to interstate commerce. Mason was appointed a commissioner to attend this conference, but his persistent struggle with gout prevented his attendance. On April 12, 1787, George Mason replied to a notice from Edmund Randolph, Governor of Virginia, which had advised Mason that he had been appointed a delegate for '... the Meeting of the Deputy of the different States, in the City of Philadelphia.

' Mason reached Philadelphia on May 17th, and advised his son, George Mason Jr, by letter dated May 20th that he was staying at the old Indian Queen in 4th Street. By May 26th, enough delegates had arrived to meet and appoint George Washington as President and Major Jackson as secretary. The following is a chronological progression detailing, where necessary, the advice, counsel and arguments proffered by Mason during the Convention. In some instances the chronology makes a terse statement regarding Mason's position. These entries are intended to highlight and emphasize the number of times Mason expressed his opinions. 'By actual count, he stood and spoke 128 times, ... more frequently than any of the other members except Madison, Morris and Wilson.

' The entire chronological discussion relies on the papers of Madison available from a variety of sources. On May 28, the first day of the convention, the first order of business was an objection by Rufus King of Massachusetts to the ability of any member to call yeas and nays. Mason seconded the objection, stating '... such a record of the opinions of members would be an obstacle to a change of them on conviction. ' On May 30, Mason made the observation that the present Articles of Confederation were deficient in ability to coerce and punish states.

He suggested that a government needed to be able to operate directly on individuals. This position counters those who claim Mason was an Anti-Federalist because of his opposition to federalism per se. On May 31, Mason argued at length that the election of the larger house (the House of Representatives) be directly elected by the people. He said that this body would be analogous to the British House of Commons.

This concept was in contrast to the position of Roger Sherman of Connecticut, who wanted election to be by State Legislatures. On June 1, the delegates discussed the term of the President. Mason wanted the executive to hold a seven year single term. Madison recorded that Mason favored '... prohibiting a re-eligibility as the best expedient both for preventing the effect of a false complaisance on the side of the Legislature towards unfit characters; and a temptation on the side of the Executive to intrigue with the Legislature for a re-appointment. ' The discussion turned to the manner of determining how the executive would be empowered. Mason favored the idea of appointment by the people, but thought it impracticable.

On his motion, the proposed clause which would have the President to be chosen by Nat'l Legislature was postponed for later discussion. On June 2, the delegates took up the issue of removal of the executive. Mason agreed that some mode of displacing was indispensable, but he was opposed making the Executive the mere creature of the Legislature. This position reflects Mason's belief that a government should be comprised of checks and balances. June 4 saw the wrangling and vote on whether the government should have a single executive. Mason had been in favor of a dual executive position, and voted his opposition by proxy.

On June 7, just prior to the unanimous vote to permit State legislatures to appoint the Senate body, Mason rose to express his concerns for States rights and reservation of power. He supported the idea of the Senate serving at the pleasure of the States as a means '... to make them a constituent part of, the Natl. Establishment. ' On June 8, Charles Pinckney moved to permit national authority to negate state laws that were contrary to the articles of Union.

Although the Virginia delegation approved this, both Edmund Randolph and George Mason voted against giving that authority to the national government. The motion failed. June 11, on the issue of allowing amendments without consent of national legislature, Mason urged the necessity for 'easy, regular and Constitutional way' to amend. On June 12, George Mason seconded Madison motion requiring the fixed and equal compensation of legislators by the national government rather than varying compensation set and paid for by state legislatures.

From June 13 through June 19th Mason was either absent or silent. On June 20 the delegates revisited the issue of a bicameral or single body assembly for the legislature. Mason complained that the issue had been previously discussed and debated and there should be two bodies. June 21 found Mason vocally supporting election of the 1st branch (the House of Representatives) by the people rather than by state legislatures. Mason was of course a strong supporter of the rights of the individual states, but he recognized early on that a national government would have coercive rights over the people and they must have a say in the legislature if they were expected to accept that coercion. On June 22, Mason favored a minimum age of 25 for 1st branch.

June 23 found Mason speaking out in support of a motion that would render members of 1st branch ineligible for other posts within the national government. On June 25, Mason supported idea of State legislatures selecting senate. June 26, 1778. Respecting the office of the executive, Mason hints that 'a longer term than six years, would be of no avail in this respect, if needy persons should be appointed. ' He suggested that persons serving in Senate should own property. From June 27th through June 30th, Mason made no comment.

On July 02, Mason was nominated by ballot to serve on the committee established to settle the differences in the Virginia plan and the New Jersey plan. Reporting out of the committee on July 05, Madison's said that George Mason announced he '... would bury his bones in... [Philadelphia] rather than expose his Country to the Consequences of a dissolution of the Convention without anything being done. ' A strong statement such as this validates the assertion that Mason favored the concept of a federal system of government and belies his inclusion in the cohort labeled Anti-Federalist. On July 6th Mason expressed his opposition to the Senate having authority to raise bills that would spend money. He was concerned because they were not elected by people.

Mason had no comments July 7th through July 9th. On July 10 he reiterated his favor in increasing proposed number of representatives. Mason will continue to recommend a large contingency of persons be allowed to serve in the lower chamber. On July 11 Mason was busy.

He gave a lengthy speech favoring a periodic census to redress equalities in representation. He also disagreed with the three fifths compromise, arguing that the words were not clear. Mason said slaves were useful to the community and ought not be excluded from estimate of representation, but he could not regard them as equal to freemen and thereby could not vote with them as such. His final comments were in opposition to the Rutledge motion that legislature be apportioned according to wealth and population, claiming that the concept was too indefinite and impracticable. On July 12 he supported Gouvernor Morris' motion adding a proviso that taxation shall be in proportion to representation. On July 13 Mason questioned the scruples associated with apportionment of tax burden on the basis of representation in the lower house.

Mason was silent July 14th and 16th. On July 17 Mason spoke in opposition to Govr. Morris who supported an executive to be selected by the people. Mason said selection of the Chief Magistrate by the people was as unnatural as '... a trial of colours by a blind man. ' The debate relating to the executive branch continued, with a motion to add the words 'during good behaviour' to the term. Mason complained that the issue had been previously settled and the conferees should move along to other topics.

On July 18th Colonel Mason, on the issue of the selection of the judiciary, suggests that if they were to be the tribunal for impeachment of the executive they should not also be appointed by executive. Upon motion to allow legislature to appoint inferior tribunals, Mason felt future circumstances may make it absolutely necessary. Mason had no comments recorded for July 19. On July 20 the Colonel objected to the notion that the executive should be unimpeachable while in office. On July 21 Mason came out in favor of the Judiciary sharing revisionary (veto) powers with executive, and felt strongly enough to make two speeches on this topic. In his third speech of the day he differed with a proposal requiring the President to appoint and the Senate to confirm Supreme Court nominees.

On July 23 he opposed the idea of submitting the new Constitution to State Legislatures for ratification, favoring a specific ratification convention. He also opposed the idea of having three senators from each state. July 24 has no record of Mason speaking. On July 25 he argues again for appointment of the executive by the national legislature. July 26 saw a Mason motion that the executive be appointed for seven years, no second term. The motion passed.

He then moved that the Committee of Detail insert a clause requiring landed property, citizenship and no indebtedness to the United States as a condition to serve as a national legislator. He also moved that the national government be in different city from State seat of government, which, after discussion, was withdrawn. On August 6, Colonel Mason made no comment. On August 7, he objected to the propriety of allowing each branch a negative on the others 'in all cases. ' He also spoke out on objections on fixing a time for the meetings of the legislature, but expressed his concern that should meet at least annually. Mason was a firm believer that a national government with coercive powers over the people should be controlled by the people, and during these days, in debates regarding the legislature, he was firm in his resolve.

He objected to National Legislature setting the qualifications for the electors for the President, fearing that this would disrupt the States' rights. Finally, on this busy day for the Colonel, he expressed his opposition to the English idea that only freeholders may vote. On August 8 Mr. Mason moved to extend the time required as a citizen from three years to seven years for the House of Representatives, and his motion carried. Mason arose again to oppose permitting the Senate to originate revenue bills. This is the first instance of a motion made by Mason that appears in our Constitution today.

On August 9 he renewed his strenuous objection to allowing the Senate to raise money, vowing to oppose equal representation in Senate if they were to be allowed to raise money bills. Mason spoke favorably of Gouvernor Morris' requirement of fourteen years of citizenship for Senate eligibility. On August 10 Madison recorded Mason's speech regarding issue of requiring only a quorum, in contrast with a majority, to conduct business. Mason favored requiring more Representatives, not less, expressing concern that the closer 'northern's tates may meet and pass legislation before the southern states could arrive. Finally, Mason spoke in support of requiring a two thirds vote to remove a member of the legislature. On August 11 Mason stated his 'favour,' suggesting that each chamber be required to publish its proceedings.

August 13 found Mason in opposition to allowing naturalized citizens in the government, expressing fears that the British will invade and take over. Mason made yet another long speech regarding his firm conviction that the House retain a lock on revenue bills. On August 14, Mason proposed striking Art I, Section 6 (2) which deals with compensation and immunities for Congress. Later this day, Mason noted that the provision that members be paid by their states would make the House of Representatives dependent upon State legislatures. August 15 finds Mason still concerned about which body of the legislature would control the purse. He seconded the motion by Strong that reserved revenue bills for the House.

As part of his support argument Mason said the Senate could already sell the whole country by means of treaties. On August 16, Mason urged necessity of connecting Article I Section 8 (1), which affords Congress the ability to lay and collect taxes, to Article I Section 9 (5) which states that no tax or duty shall be laid on articles exported from any State. This was another busy day for Mason. He expressed his doubts on the judgment of those who proposed striking 'and emit bills on the credit of the U. States. ' Colonel Mason was opposed to paper money but he felt that Congress needed the power to borrow.

On August 17 Mason opposed allowing the executive to name the treasurer. If the money belonged to the people, he argued, then the legislature representing the people '... ought to appoint the keepers of it. ' He opposed his fellow delegate Madison who wished to strike 'and punishment' from the authority of Congress to declare the law and punishment of piracies and felonies. Today Congress is empowered to declare war. If not for Mason's input, Congress would make war. This is the second occurrence of Mason's handprints upon our form of government.

August 18 was an exceptionally busy day for Colonel Mason. He introduced the subject of Congress regulating the militia. He thought the power should necessarily be given to the General Government. He expressed his concern that the proposed statement 'that funds appropriated to public creditors should not be diverted to other purposes' might be dangerous in time of war. Ever vigilant regarding public money, Mason entered the motion that would have the Grand Committee prepare the appropriate clause to restrain perpetual revenue. His next motion of this date would have provided Congress with the power to make laws regulating militias, stating that uniformity was necessary in regulation of the various State militias.

After heated discussion, Mason withdrew his motion and moved that service in the militia 'not exceed one tenth part in any one year, and reserving appointment of officers to States. ' This renewed motion was revised again to allow exception for States to assemble the militia 'as might be required by the States for their own use. ' On August 20 Mason moved (unsuccessfully) to permit Congress to 'enact sumptuary laws. ' On the subject of treason, he favored pursuing the Statute of Edward, a law dating from 1352 that defines and limits treason to seven offenses.

Finding no support for this tack, he moved to include the words 'giving them aid and comfort' in the proposed language. Article, Section 3, paragraph 1 of the Constitution contains Mason's words, the third piece of evidence supporting the thesis that sufficient evidence of Mason's involvement during the Philadelphia Convention exists to qualify him as a founding father. On August 21 he called for action on proposed amendments to money bills, speaking out strongly on the question of export taxes. 'A majority,' he said, 'when interested, will oppress the minority. ' August 22 brought George Mason to the floor on a topic that, upon his death bed he admitted as the true reason he refused to sign the proposed Constitution: slavery.

Mason said, 'The poor despise labor when performed by slaves. ' He continued, 'They produce the most pernicious effect on manners. Every master of slaves is born a petty tyrant. ' Mason portrays the quintessential paradoxical enigma of the landed gentry of the latter Eighteenth Century.

Enriched by the labor of slaves, he decried the further importation and expansion of the practice, yet never found the fortitude to revise his last will and testament that dispensed his human chattel to his heirs. Mason and slavery is a topic all to itself and beyond the scope of this paper. On August 23 the Colonel opposed Charles C. Pinkney motion to permit Congress to 'negative all laws' of the States which interfered with the general interest and harmony of the Union. August 24 found Mason in a quiet and perhaps somber mood. No comment is recorded.

On August 25 objected to the presence of the word 'shall' in what is today Article VI, Section 1 (1). In Madison's words, Mason felt that '... the use of the term 'shall' will beget speculations and increase the pestilent practice of stock-jobbing. ' Also, upon motion by Gouvernor Morris for a clause reading '... importation of slaves in North Carolina, South Carolina and Georgia shall not be prohibited', Mason voiced no opposition to the word 'slave' but opposed naming he States for fear that it 'should give offence to the people of those states. ' He also approved language that permitted duty on imported persons, suggesting that it would relieve an apparent bounty on imported slaves. On August 27 he joined Madison in suggesting that the Presidential oath include the words 'preserve, protect and defend the Constitution of the United States. ' In further debate, Colonel Mason moved to insert the words 'increased or' before 'diminished' in the proposed clause defining the compensation of judges, but this motion was voted down.

On August 28, Mason objected to the clause denying States the right to interfere in private contracts. On August 29 Mason joined the fray on the issue of regulation of commerce and States' rights, again expressing his concern that southern states are a minority. On the issue of new western states, he suggested that they be treated equally, a view opposed to those who had moved to place superior power in the existing States. August 30 was a day of silence for Colonel Mason. On August 31, Mason supported those who felt that only nine States needed to ratify rather than ten as was on the table.

Nine States had been acceptable for the Confederation and there was no valid reason to change. As August came to a close, Mason seconded the motion of Elbridge Gerry to postpone a decision on how and when the States should be allowed to ratify the Constitution. It was during this speech that Mason declared he would sooner chop off his right hand than put to the people the Constitution as it.