Why did Mason refuse to sign the Constitution?

OCR: 9 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

Reporter's notes: some cited speeches survive only as a reporter's shorthand record, not the speaker's own text.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (1788-06): George Mason held the belief that government should be instituted for the common benefit, protection, and security of the people, and that it should be reformed or abolished if it became inadequate or contrary to these purposes. He also believed in the necessity of a declaration of rights to secure the essential and unalienable rights of the people. "That government, is or ought to be, instituted for the common benefit, protection, and security of the people ; and that whenever any government shall be found inadequate, or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right, to reform, alter, or abolish it, and to establish another" [1]
• BELIEF (1788-06-03; reporter's paraphrase): George Mason expressed his belief that the Constitution was constructed in a way that destroyed the dearest rights of the community, particularly due to the lack of limitations on the jurisdiction of federal courts, which he argued left nothing to the state courts. (key quote above) [2]
• BELIEF (1788-06-03; reporter's paraphrase): George Mason refused to sign the Constitution because he believed it needed amendments to secure the great essential rights of the people, particularly regarding the power of Congress to raise direct taxes. (key quote above) [3]
• BELIEF (undated): George Mason refused to sign the Constitution because he believed it would not protect rights and liberties, and he feared it would be delusive and fallacious in solving the nation's problems. [4]
• BELIEF (undated): George Mason believed that the new Constitution required previous amendments and that safe and proper amendments were still possible. He expressed concern about the need for amendments to protect rights, as seen in the actions of the Virginia Convention and the efforts of other states to obtain amendments through the new Congress. "I have not yet seen a publication of the debates... so there is still hope of safe and proper amendments." [5]
• ACTION (editor's note) (undated; editor's note, not his words): The passage reports that George Mason was the chairman of the Committee of Opposition and that a transcript of proposed amendments is preserved among his papers. It does not state that he refused to sign the Constitution, but it does indicate his active role in opposing certain aspects of it. "And there is every reason to believe that, though presented by Patrick Henry, they were written by George Mason, the chairman of the Committee of Opposition, and a transcript of them is preserved among George Mason's papers." [6]
• ACTION (editor's note) (undated; editor's note, not his words): George Mason could not take the ground that the General Convention had usurped powers not bestowed upon them in overthrowing the Articles of Confederation, as he had been a member of the Convention and approved of the change, though he was not satisfied as to the final result. "George Mason could not take this ground as he had been a member of the Convention and approved of the change, though he was not satisfied as to the final result." [7]
• ACTION (editor's note) (undated; editor's note, not his words): George Mason refused to sign the Constitution on Monday, the 17th of September, because he could not support it in Virginia and could not sign what he could not support there, even with the expedient of another convention as proposed. "On Monday, the 17th, the engrossed Constitution was read and signed by all the members present except George Mason, Edmund Randolph, and Elbridge Gerry." [8]
• ACTION (editor's note) (undated; editor's note, not his words): George Mason refused to sign the Constitution because he asked for an 'unequivocal explanation' from Madison and made a reply in which he expressed his views on the judiciary's powers and their impact on the poor man. "Mason made reply : 'I shall never refuse to explain myself.'" [9]
• ACTION (editor's note) (undated; editor's note, not his words): George Mason refused to sign the Constitution because he had objections to it, which he detailed in a pamphlet titled 'Objections to the Constitution.' These objections were circulated in manuscript among his friends before being published in print, likely in November or December 1787. "George Mason's objections are detailed, and no doubt he was in communication with the Antifederalists of Pennsylvania and gave them the benefit of his views." [10]

What cuts against it

• ACTION (undated; editor's note): The editor reports that George Mason refused to sign the Federal Constitution, but does not provide a date for this action. "George Mason was too much respected by the mayor and corporation of Alexandria to have received from them any such treatment as is here described, even had the town been so foolish as to resent the action of their representative." [11]

2. HOW IT APPLIES (reasoning; inference is marked)

1. George Mason held the belief that the Constitution was constructed in a way that destroyed the dearest rights of the community, particularly due to the lack of limitations on the jurisdiction of federal courts. (key quote above) [2]

2. He refused to sign the Constitution because he believed it needed amendments to secure the great essential rights of the people, particularly regarding the power of Congress to raise direct taxes. (key quote above) [3]

3. He held the belief that government should be instituted for the common benefit, protection, and security of the people, and that it should be reformed or abolished if it became inadequate or contrary to these purposes. "That government, is or ought to be, instituted for the common benefit, protection, and security of the people ; and that whenever any government shall be found inadequate, or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right, to reform, alter, or abolish it, and to establish another." [1]

4. He refused to sign the Constitution because he believed it would not protect rights and liberties, and he feared it would be delusive and fallacious in solving the nation's problems. [4]

5. He believed that the new Constitution required previous amendments and that safe and proper amendments were still possible. He expressed concern about the need for amendments to protect rights, as seen in the actions of the Virginia Convention and the efforts of other states to obtain amendments through the new Congress. "I have not yet seen a publication of the debates... so there is still hope of safe and proper amendments." [5]

3. HIS TAKE

Record coverage: DIRECT

The record is silent on the exact date of George Mason's refusal to sign the Constitution, but it is clear that he refused to sign it due to his belief that it needed amendments to secure the rights of the people and due to his belief that it would not protect rights and liberties.

Extrapolation: George Mason refused to sign the Constitution because he believed it was constructed in a way that destroyed the dearest rights of the community, particularly due to the lack of limitations on the jurisdiction of federal courts, and he believed it needed amendments to secure the great essential rights of the people, particularly regarding the power of Congress to raise direct taxes. He also believed that the new Constitution required previous amendments and that safe and proper amendments were still possible.

Competing readings: One reading is that George Mason refused to sign the Constitution because he believed it was constructed in a way that destroyed the dearest rights of the community and needed amendments to secure the rights of the people. Another reading is that he refused to sign it because he believed it would not protect rights and liberties and feared it would be delusive and fallacious in solving the nation's problems. The record itself states both readings.

Confidence: High, based on the direct statements from George Mason in the Virginia Ratifying Convention and the editor's notes about his refusal to sign the Constitution.