Evening star., 1921-01-02

| in the Constitution so dangerous as
4 that which gives Congress exclusive
power OF legislation within a district
ten miles square"
Mr.. Grayson made what seems in
| comparison with many other speeches
| to have been a broadminded state.
| ment Of his opposition to the pro-
i posed form of government. He praised
| the men OF the constitutional con-
vention at Philadelphia for getting
| the best they could for their states,
and said: II do not criminate or
suspect the principles on which they
| acted"
/ AS the Rambler reads the old rec
ords. Mr. Henry was the dominating
advocate of the anti-ratifiers. whili
George Mason was the master couns
selor. He was not particularly cons
spicuouS in the debates on the floor,
but the opponents of the Constitution
| repeated the objections which Mr.,
| Mason had put forth in writing and
| in private converse. The best sum-
! mary of these objections is to be
found in a letter which Mason wrote
| to his old friend. George Washing
ton. October z, 1857, and which was
later published as a pamphlet under
this caption: Address to the Citi-
Of the Hon. George Mason to the
Proposed Federal Constitution"
| The letter to Washington begins:
take the liberty TO incIose to you my objec.
tons TO the new Constitution OF government.
which u little moderation OF temper at the eDf
| Of the convention might have removed. Yof
will readily observe that my objections are moi
| numerous tthe greater part OF the ineiosed ps'
fects Of the exceptions bic parfs). though in my
mind some Of them are capital ones.
Mason's first objection was that the
/ proposed Constitution did not contain
a declaration of rights. The second
was that lin the House Of Represen-
tatives there is not the substance,
but the shadow only of representa-
| tion, which can never produce proper
information in the legislature or in
spire confidence in the people, and
be made by men little concerned in
| and acquainted with their effects and
consequences.
Among his objections to the manner
| of creating the Senate he wrote:
| The Senate having the power Of altering all
money bills and Of origina ting appropriations OF
| money and the salaries OF the 0fhcers OF the.r
| appointment. in conjunction with the President
| Of the Cuited states-afthouEh they are not rep
| resentat tives of the people or amenable to them
t-is dangerous. These with their other great
powers wiz. their power Of appoin tmeut OF am
bassadors. other public officers. IN making
| influence upon and connection with thA supreme
| executive from these causes during their dura-
! tion Of once. and there being constant ek.
| isting body. almost continuously hitting. joined
with their being one complete branch OF the
legislature, viii destroy any balance in the gov
usurpations they please upon the rights and lib
! critics Of the people.
His objections to the mode of Gre
! ating the national judiciary were:
| The judiciary of the United States is % con-
structed and extended as 70 absorb and destroy
dering laws tedious. intricate and expensive
| and justice as unattainabae by the great part OF
| the community in England. and enabling the
| rich to oppress and ruin the poor.
Writing of the executive department.
Mason said:
constitutional council "a thing unknown IN
any safe and regular goverumenD. he viii
| therefore be unsupported 6y pr1gT iufsrm.-
ed by miniono and favorftes-or be via oecome
| a tool Of the Senate, or q council Of state will
grow out Of the principal o(ncers Of tho great
Ingredients for such Q councl in q free coun-
try, for they may be induced to tci1 in any
themselves and prevent an inquiry into their
own misconduct in Once. Whereas. had .
constitutional council been formed tas was
proposed) Of six members. Wis two from the
eastern two from the middle and two from
the southern states, to be appointed u the
vote of the states in be House Of Rsoesen-
Of oftice the Senate, the executive would
always have had safe and proper irsorms-
council might have acted as Vice President
Of the United States pro tempore. or MP ; any
vacancy or disability Of the Chief Magistrate.
and long continued sessions Of the Senate
would in great measure have been prevented.
From this fatal defect Of a constitutional
council has arisen the improper power Of the
and the alarming dependence and connection
between that branch Of the Legislature and
the supreme executive.
Hence also sprung that unnecessary efhcer.
the Vice President. who. for want Of other
employment. is made president Of the senate
thereby dangerously blending the executive
to some one of the states an unnecessary and
unjust prominence over the Others.
unrestrained power Of granting pardon for
treason. which may be sometimes exercised to
screen from punishment those whom he had
secretly instigated to commit crime. and
thereby prevent q discovery of his own e,uilt
by declaring all treaties supreme laws Of the
land the executive and the Senate have in
which might have been avoided by proper dis.
tinetions with respect to treaties requiring the
It could be done with safety.
Among his objections George Mason
declared that under their own con-
s1ruction OF the general clause at the
END OF the enumerated powers the
congress may grant monopolies in
trade. in commerce. constitute new
crimes and infiict unusual and severe
puntshments and extend their power
as far as they shall think proper. SO
that the state legislatures have no
security Tor the powers now pre.
sumed to remain to them. or the peo-
pie for their rights There IS no
declaration Of any kind for preserv-
ing the liberty of the press. the trial
by jury In civil cases, nor against
the danger OF standing armies in time
Of peace" Mr.. Mason wrote that "a
state legislature - restrained from
prohibiting tho further importattsn OF
slaves for twenty-odd years, though
such impoftA3onS render the United
States Wea1ef. moro vulnarah1e and
less c&pa6ao ee 0aoenDas Ho 0et forth,
that both tAs geneEA legislature
and the anake 1egi1fatres an ax-
pEeAay pEoa6A1ked making ex post
facto l&w2 though there nepR was;
WIN make such laws when necossity
and the public aakety require Them
which will hereafter be a. breach OF
all the constitutions IN the Unaun and.
AFFORD presidents for ether 1nnova-.
tons"
Mr.. Mason coocaudsd Alo, lseAsr- to
George Washington with this pEcDhecy:
sxhiS goVegnment will commeucA in
= amodeeate axastocr1cy: 1t h q pces-.
ont AmpoWzb1o 10 1ogosee Whskha4 it
win. IN itB epee1z3ons pgoduoe, . mon
arUly, o. = e0e1uve 0pDeo0eU0 ax4s>
tooDacE = WEn most peoAaAly vfhraAsl
soma yeaSO1oeWeen GhoAWo 0D1slhau
teenAnatA u aAaEtha. .akha: