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Founding Generation > George Mason



George Mason (1725-1792)
State: Virginia
Occupation: Tobacco plantation owner, retired judge and politician

 
Authored the Virginia Declaration of Rights
Delegate from Virginia to the U.S. Constitutional Convention (1787)
Fought for explicit individual liberties in the Constitution, insisting upon a bill of rights


George Mason was author of the Virginia Declaration of Rights, which was the first state bill of rights. It later became a model for the Bill of Rights. Mason, who was an Anti-Federalist, also wrote significant portions of the Virginia constitution. At the Constitutional Convention, he argued that a bill of rights should be added to the Constitution, but he was defeated. He said that he “would sooner chop off his right hand than set it to the Constitution as it now stands.”


Thoughts on the Constitution
Mason argued that elections were fundamental to government and that a larger branch of Congress should be directly elected. While he believed in having an executive that was independent of the legislature, he also worried about giving the president too much power. He feared that the executive branch would turn into a monarchy and opposed a lifetime term for the president. Mason was also bothered that the Constitutional Convention, tasked with producing a document that would govern the general public, was held in secrecy.

During the last week of the Constitutional Convention, Mason wrote a list called Objections to this Constitution of Government. The first sentence said “There is no Declaration of Rights.” That opening phrase and the essay that followed were circulated throughout the colonies and had a big influence on the ratification discussion: “There is no Declaration of Rights, and the laws of the general government being paramount to the laws and constitution of the several States, the Declaration of Rights in the Separate states are no security.”


Thoughts on the Bill of Rights and personal liberties
Mason thought that a bill of rights was essential to protecting individual liberties. In the Objections to this Constitution of Government, he specifically called out freedom of press and trial by jury as important rights that needed protection. Mason thought there should be a clause protecting the people from standing armies during times of peace and felt the words “general welfare” in the Constitution were too broad and could be easily abused. He also argued that the federal government should ban the importation of slaves immediately otherwise the country would be weaker.

Although he doesn’t clearly state this in his writings, some historians have found evidence that Mason supported religious freedom.


Friends and Foes
As an Anti-Federalist, Mason actively campaigned against ratifying the Constitution in his home state of Virginia. Along with Patrick Henry and Richard Henry Lee, Mason was considered one of the most capable and respected Anti-Federalists in the country. George Washington, his longtime friend and neighbor, never forgave him for not voting for the ratification. It also strained his relationships with James Madison and Thomas Jefferson for a time, but they eventually reconciled. Mason firmly believed that a bill of rights should be added to the Constitution.



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Gunston Hall, home of George Mason and links to his papers
Gunston Hall

Virginia Declaration of Rights penned by George Mason
National Archives and Records Administration

George Mason’s Objections to the Constitution
First Amendment Center

George Mason’s “Objections” and the Bill of Rights article
American Political Science Association and American Historical Association