Evening star., 1925-10-18

alert to defend the non.combatants
| against the fighting men.
When the forces under Lafayette
Steuben and Wayne were In Virginia
! in the Spring Of 81. the assembly
| passed an order authorizing the
seizure OF one-tenth Of every mans
cattle for the Army. AS this was
often construed as the right to take in
beef cattle one-tenth OF the number
| of the herd instead Of that part from
the value OF the stock, il often hap.
pened that the family so victimized
would be deprived Of half the value
of the stock and left without beef
tallow or leather for the ensuing
year. George Mason set forth these
| injustices in a forceful letter to
Thomas Jefferson, Governor of Vir
ginia.
Another instance Of Mason's abil-
ity to put himself in another's place
is found in his treatment Of David
Constable, a young Scotchman who
was a tutor to Masons children from
1174 to 81. In the latter year he had
an unprecedented opportunity to OBJ
tain an estate in tho British West
Indies, should he remain loyal and
arrive there before his brother. the
owner. should depart for England on
account Of his health. Mason real
lied the young man could never do
go we'll In Virginia. could render lit
tie help to the colonies. and would be
personally injured to a great extent;
80 he worked out logical details for
the young mans safe departure, and
took necessary steps to obtain a pass
port for him.
x HA
"A NY instance OF selhshness on the
part Of State Legislatures. corrup.
ton Of officials appointed by the new
Congress, which led to infringement
upon individual rights, always greatly
disturbed George Mason.
Himself a stanch Episcopalian, a
vestryman at Pohick Church for many
years, who on occasion received more
votes for the Office than George
Washington, George Mason vet
favored complete freedom in worship.
and in the first Legislature held
under the new Virginia constitution,
he presented a measure which would
repeal the old disabling acts, legalize
all form of worship and release dis
senters from payment Of parish rates.
The plan adopted for ceding to the
Federal Government Virginia's claims
to the Ohio territory had been out
lined by Mason in 1880.
In order thoroughly to understand
the position of George Mason in the
constitutional convention, 1t must be
realized that he had never favored a
strong United States Congress.
Mason was one Of the commissioners
who made a compact with commits
sioners from Maryland on the jurisdic-
ton Of the Chesapeake Bay, the Po-
tomac and Pokomoke Rivers. A con-
ference held by these commissioners
at Mount Vernon was In reality the
first steps toward a new Federal Gov
ernment, for Maryland, ratifying the
compact. proposed that Pennsylvania
and Delaware should be invited to
join them. and Virginia favored in
viting all other States to consider
uniform commercial system.
that of a delegate from Virginia to the
constitutional convention in Philedel-
phia in 1887.
His activities in the convention were
highly influential and altogether cred
table. He was ever alert to the
| proceedings and on his feet in an
instant to defend the states rights
with what Flanders termed 'inflexi-
BILE integrity and unbending republi-
canism." He was the first to argue
that coercion could not be used
against States; first to see the danger
in the resolution that the National
Legislature should be empowered to
call out the force Of the Union against
any delinquent member, and the first
to suggest an acceptable alternative.
He opposed every measure which
would perpetuate slavery, yet at the
same time advocated that the South
should be protected in regard to those
slaves already held.
He proposed the Virginia constitu-
tion (Which he had written) as model
for the new National Constitution. But
although a great number Of features
were adopted in this new organ which
Mason had consistently fought against,
such as a single Executive. he was
willing to sign until toward the end
Of the convention, when 1t passed the
the clause giving indefinite powers to
Congress and to the Executive, and
''the power given to Congress. by a
bare majority, to pass navigation
acts" which would bind over the
minority Southern states to the East
ern States. It was legislation made
possible by this clause, such as the
notification act, which brought on
the Civil War.
SO. on September II, the Consti-
tuition was read and signed by all
except Mason, Edmund Randolph and
EIbridge Gerry. Mason returned to
Virginia and led the fi9ht the follow
ing year against ratification.
Within two years, as we recall, the
Constitution received ten amendments,
which were substantially Mason's bill
Of rights; and the eleventh amend
ment prohibiting suits against States
In Federal courts Is the direct fruit
Of Mason's arguments.
But his fight proved vain. and he
retired to Gunston Hall, where he died
q few years later, on October Z, 1872.
1t was after the Constitutional Con-
vention that George Mason and
George Washington became estranged.
and the latter wrote some derogatory
statements about Mason which have
led people to believe that a certain
amount of lifelong jealousy had exist
ed between them. But the truth is
that they were the best OF friends up
to that time.
No one OF the historic homes Of the
Old Dominion 10 better preserved
than Gunston Hall. where In Mason's
day nearly all the great men, includ.