“If the Govt. is to be lasting, it must be founded in the confidence & affections of the people ...” — George Mason, at the Constitutional Convention, Aug. 13, 1787.
George Mason of Virginia helped to construct the Constitution. He then opposed ratifying the very document that he had helped to construct. Through both courses of action, he strongly influenced the Constitution’s final form.
The lad also helped his mother in managing their extensive family estate. Mason proved to have an ample talent for business.
In 1750, he married Anne Eilbeck. He and Anne had nine children, of whom three died in infancy. She died in 1773. Seven years later, he wed Sarah Brent, then past her childbearing time.
Mason was essentially a private man with no strong desire for public office. He preferred to manage his affairs from the home that he had built—Gunston Hall. He also was plagued by ill health. However, he agreed to serve in Virginia’s House of Burgesses (1758–1761) and in some of the varied assemblies that governed Virginia during the Revolution. He steadfastly declined election to the Continental and Confederation congresses and, subsequently, to the U.S. Senate.
Mason also was the principal author of Virginia’s first constitution (1776). That document contained both a “Declaration of Rights” and a “Form of Government.” Much of the substance and phrasing of the Virginia Declaration of Rights appeared later in the U.S. Declaration of Independence and in the Bill of Rights.
The Constitutional Convention
The records of the first 10 weeks of the Constitutional Convention contain little to suggest that Mason would oppose the final product. This senior statesman (he was then 62) firmly believed that a stronger central government was necessary. He spoke frequently and to good purpose. The views that he expressed were well within the convention mainstream.- The central government should be able to enforce its laws directly rather than asking the states to do so;
- Members of Congress should be paid by the federal rather than the state treasuries;
- Each state should have two senators, selected by their state legislatures;
- Representatives should be elected by the people for two-year terms;
- Each representative should be at least 25 years old and for at least seven years a citizen of the United States;
- The president should be able to veto bills, subject to override by a supermajority of Congress;
- The president should be required to take an oath of office;
- The Constitution’s definition of “treason” should be based on specific language from a venerable English statute;
- The Constitution should include guards against Congress being co-opted by the executive;
- “Other high Crimes and Misdemeanors” should be grounds for impeachment;
- Congress shouldn’t be able to veto state laws; and
- The states should be able to amend the Constitution without the approval of Congress.
As the proceedings wore on, however, Mason began to raise serious objections to how the document was shaping up. For example, he fiercely opposed the bargain by which the Constitution temporarily accommodated the slave trade. Here’s James Madison’s report of a portion of Mason’s speech, delivered on the convention floor on Aug. 22, 1787.
Mason’s Other Objections
When the Constitution’s final draft was almost complete, Mason summarized some of his reservations in a short paper. This paper was widely disseminated, and during the ratification debates, opponents relied on it for talking points. At the Virginia ratifying convention in June 1788, Mason delivered about 45 floor speeches. He elaborated on his original objections and raised others as well. Among opponents, Patrick Henry provided most of the eloquence, while Mason provided most of the substance.Most of Mason’s positions can be summarized by saying that he thought the U.S. Constitution should be more like the one that he had drafted for Virginia.
His central fear was of a federal government that was too aristocratic—in which control was concentrated in a cabal consisting of the president and a small Senate. He wanted the federal government to be more democratic.
Accordingly, he proposed enlarging the House of Representatives, depriving Congress of the power to manipulate its own elections, checking the president with an executive council, imposing term limits on some officers, and banning the Senate from initiating financial appropriations.
And most importantly, he sought a bill of rights to protect individual liberties and the reserved authority of the states.
Mason’s Influence
This Virginia senior statesman influenced the Constitution through his many contributions at the drafting convention. He also supported the compromises that made the document possible.Subsequent Life
In 1789, Madison shepherded the Bill of Rights through Congress. Mason was, of course, delighted. By that time, he was 64 years old. During the three years left to him, he attended to his children, his plantation, and the study of the Greco-Roman classics.On Oct. 7, 1792, he died at his home, Gunston Hall.
Incidentally: Historian Brent Tarter has called Gunston Hall “one of the jewels of eighteenth-century Virginia architecture.” I’ve been there, and I heartily recommend a visit.