Responses to George Mason's views

After the Constitutional Convention ended in September 1787 and the delegates returned to their homes, George Mason sent a short letter to George Washington, enclosing his “Objections to the new Constitution of Government.”  In the letter, dated October 7, 1787, Mason indicated that his objections should be “...submitted to a Convention chosen by the people, for that special purpose; and shou’d any Attempt be made to prevent the calling such a Convention here, such a Measure shall have every Opposition in my power to give it.”  In addition, Mason stated that his objections were not numerous, however, he felt a few of them were of incredible importance. (1)  

Interestingly, George Washington did not acknowledge the receipt of Mason’s letter; however, George Washington made an outline of its main points and then sent a letter to James Madison with a copy of Mason’s objections. (2)  In the letter, dated October 10, 1787, Washington shared his opinion of Mason at the Constitutional Convention, stating that he “...rendered himself obnoxious in Philadelphia by the pains he took to disseminate his objections amongst some [of] the leaders of the seceding members of the legislature of that State.” (3)  Washington also mentioned that it was Mason’s general plan to alarm the general public by providing the objections to the Constitution at the Virginia state convention, where the ratification of the Constitution would be voted on.  In response to Mason’s stance on the Constitution, Washington asked that Madison join him at the Virginia state convention to help refute the powerful opposition that may show up.  Washington praised Madison by stating that “...explanations will be wanting - none can give them with more precision and accuracy than yourself.” (4)

On October 18, 1787, James Madison replied to George Washington and listed his criticisms of Mason’s objections.  Madison stated some of Mason's objections were not even brought up or slightly talked about during the convention such as “...the power of the Senate in the case of treaties & of impeachments; and their duration in office.” (5)  He also indicated that Mason voted for the twenty year term that allowed for the importation of slaves, along with the prohibition of duties on State exports.  A major point of contention for Madison was Mason’s belief that the Constitution did not secure the benefits of the Common law.  Madison stated that the Common law was adopted by the State Constitutions and at that level, it was nothing more “...than a general declaration that it shall continue along with other branches of law to be in force till legally changed.” (6)

As Mason’s objections to the Constitution became public knowledge and were being distributed across the states, newspapers were providing responses to the list of objections.  In the Federalist state of Connecticut, a newspaper called the Massachusetts Centinel published an article titled, “Federal Constitution,” which criticized Mason’s objections.  The article, dated December 19, 1789, identified the Mason objections and provided rebuttals related to the Navigation Act, the President having no council, the Constitution not having a Declaration of Rights, missing ex post facto laws, general legislation refraining from prohibiting the importation of slaves for 20 plus years, missing protections for the liberty of the press, US judiciary destroying state judiciaries, and the ability of the President and Senate to make treaties.  In the counter-argument against the Constitution not having a Declaration of Rights, the article stated that a Bill of Rights was insignificant since the government is considered as originating from the people and all the power that the government has under the Constitution is a grant from the people.  Towards the end of the article, it stated that Mason was a man “...governed by such narrow views and local prejudices, can never be trusted.”  It also mentioned that Mason claimed that there was no one more federal than him.  However, to discredit Mason, the article provided an example from a speech Mason gave in the Virginia House of Delegates, where he stated, “Make a federal government that will secure Virginia, all her natural advantages, promote all her interests, regardless of every disadvantage to the other states, and I will subscribe to it.” (7)

1.  “Founders Online: To George Washington from George Mason, 7 October 1787.” National Archives and Records Administration. National Archives and Records Administration. Accessed May 14, 2022. https://founders.archives.gov/documents/Washington/04-05-02-0331
2. “An Uneven Friendship: The Relationship between George Washington and George Mason” Accessed May 14, 2022. https://www.jstor.org/stable/4249070 
3. “Founders Online: To James Madison from George Washington, 10 October 1787.” National Archives and Records Administration. National Archives and Records Administration. Accessed May 14, 2022. https://founders.archives.gov/documents/Madison/01-10-02-0141
4. “Founders Online: To James Madison from George Washington, 10 October 1787.” National Archives and Records Administration. National Archives and Records Administration. Accessed May 14, 2022. https://founders.archives.gov/documents/Madison/01-10-02-0141.
5. “Founders Online: To George Washington from James Madison, 18 October 1787.” National Archives and Records Administration. National Archives and Records Administration. Accessed May 14, 2022. https://founders.archives.gov/documents/Washington/04-05-02-0349.
6. “Founders Online: To George Washington from James Madison, 18 October 1787.” National Archives and Records Administration. National Archives and Records Administration. Accessed May 14, 2022. https://founders.archives.gov/documents/Washington/04-05-02-0349.
7. “Massachusetts Centinel (Boston, Massachusetts) VIII, No. 27, December 19, 1787: [105]. Readex: America's Historical Newspapers. Https://Infoweb.newsbank.com/Apps/Readex/Doc?p=EANX&Docref=Image/v2%3A109E87A216CC1710%40EANX-10BCFCFE962B6658%402374101-10BCFCFEAD845BE8%400.,” n.d.