George Mason On the Militia and the Constitution &c.
Gunston Hall Plantation
"You'l have seen your Instructions to propose Independance and our resolutions to form a Government. The Political Cooks are busy in preparing the dish, and as colo. Mason seems to have the Ascendancy in the great work, I have Sanguine hopes it will be framed so as to answer its end, Prosperity to the Community and Security to Individuals, but I am yet a stranger to the Plan." - Edmund Pendleton to Thomas Jefferson, May 24th, 1776 ( Julian P. Boyd, The Papers of Thomas Jefferson, Volume 1, p296, 1950)
The First Seeds of Revolution and Constitutional Law
To the Committee of Merchants in London, June 6, 1766
"America has always acknowledged her Dependence upon Great Britain. It is her Interest, it is her Inclination to depend upon Great Britain. We readily own that these Colonys were first setled, not at the Expence, but under the Protection of the English Government; which Protection it has continued to afford them; and we own too, that Protection & Allegiance are reciprocal Dutys. If it is asked at whose Expence they were setled? The Answer is obvious at the Expence of the private Adventurers our Ancestors; the Fruit of whose Toil and Danger we now enjoy.
We claim Nothing but the Liberty & Privileges of Englishmen, in the same Degree, as if we had still continued among our Brethren in Great Britain: these Rights have not been forfeited by any Act of ours, we can not be deprived of them without our Consent, but by Violence & Injustice; We have received them from our Ancestors and, with God's Leave, we will transmit them, unimpaired to our Posterity. Can those, who have hitherto acted as our Friends, endeavour now, insidiously, to draw from Us Concessions destructive to what we hold far dearer than Life!"
"We will not attempt to lay them under any Restrictions, or use any Manner of Violence: We will only cease to import any, but certain enumerated Goods, ourselves, and refuse to purchase them of others, who do import them after a limited Time....The Necessaries of Life lie within a narrow Compass, and many of these, our own Country will supply. The little Luxuries and Conveniencies of Life, we may chearfully part with, when we reflect that we are thereby securing the Liberty and Happiness of our Posterity....A Man may be as warm in a Coat that costs but Ten Shillings, as in one that cost Ten Pounds: Habit and Custom will reconcile us to many Things that are irksome at first, and soon make that reputable, which was before thought mean and scandalous. Let the principal Gentlemen but set the Example, they will be quickly followed by the Bulk of the People. What will not the Love of Liberty inspire! "
Letter to Richard Henry Lee - June 7, 1770
"The objection that this would be infringing the rights of others while we are contending for liberty ourselves is ill founded. Every member of society is in duty bound to contribute to the safety and good of the whole ; and when the subject is of such importance as the liberty and happiness of a country, every inferior consideration, as well as the inconvenience to a few individuals, must give place to it ; nor is this any hardship upon them, as themselves and their posterity are to partake of the benefits resulting from it. Objections of the same kind might be made to the most useful civil institutions."
To [George Brent?] - December 6, 1770
"We have always acknowledged, we are always ready to recognize, the sovereignty of Great Britain, but we will not submit to have our own money taken out of our pockets without our consent; because if any man or any set of men take from us without our consent or that of our representatives one shilling in the Pound we have not Security for the remaining nineteen. We owe our mother-country the duty of subjects but will not pay her the submission of slaves. "
Letter to Martin Cockburn - May 26, 1774
"I arrived here on Sunday morning last, but found every body's attention so entirely engrossed by the Boston affair, that I have as yet done nothing respecting my charter-rights and, I am afraid, shall not this week.
A dissolution of the House of Burgesses is generally expected; but I think will not happen before the House has gone through the public business, which will be late in June.
Whatever resolves or measures are intended for the preservation of our rights and liberties, will be reserved for the conclusion of the session. Matters of that sort here are conducted and prepared with a great deal of privacy, and by very few members; of whom Patrick Henry is the principal."
Fairfax County Resolves - July 18, 1774
"RESOLVED that the most important and valuable Part of the British Constitution, upon which it's very Existence depends, is the fundamental Principle of the People's being governed by no Laws, to which they have not given their Consent, by Representatives freely chosen by themselves; who are affected by the Laws they enact equally with their Constituents; to whom they are accountable, and whose Burthens they share; in which consists the Safety and Happiness of the Community: for if this Part of the Constitution was taken away, or materially altered, the Government must degenerate either into an absolute and despotic Monarchy, or a tyrannical Aristocracy, and the Freedom of the People be annihilated"
First Draft of the Virginia Declaration of Rights by George Mason, June 1776. James Madison's Copy. Page 1, Page 2, Page 3.
George Mason's Letter To Thomas Jefferson, September 27, 1781.
This power, directly contrary to the Articles of Confederation, is assumed upon the Doctrine now industriously propagated "that the late Revolution has transferred the Sovereignty formerly possessed by Great Britain, to the United States, that is to the American Congress" A Doctrine which, if not immediately arrested in it's progress, will be productive of every Evil; and the Revolution, instead of securing, as was intended, our Rights & Libertys, will only change the Name & place of Residence of our Tyrants...I think that they will prove that Congress are now abrogating to themselves an unwarrantable and dangerous power; which is in its nature Subversive of American Liberty; for if they can stride over the lines of Confederation and assume Rights not delegated to them by the Legislatures of the different States, in one instance, they can in every other that the lust of power may suggest.
"That altho' the thirteenth Article of the Bill of Rights expressly declares "that in all Cases, the Military shou'd be under strict Subordination to, and governed by the Civil Power" Yet Horses & other Effects have been frequently taken from the Inhabitants by Military-Officers, and Soldiers, without authority from, or application to the Civil Magistrate, and without Appraisement; by which many poor Familys have been ruined."
Protest From the Fairfax County Justices of the Peace, 1785.
"Because it is conceived that the Exercise of such a power is altogether illegal, giving to the Executive department of the State an undue & dangerous Influence over the Courts of Justice, directly contrary to the Declaration of Rights and to the fundamental Principles of our free Government.
And altho' this Court hath no cause to believe that the present Commission was issued for any such evil Purposes; Yet we shou'd think we were deficient in the duty we owe to our Country, and to Posterity, if we suffered ourselves to become accessary to establishing a precedent evidently tending to introduce them, and by renewing the oppressive Maxims and Practices of the Government, from which we have so lately been rescued by force of Arms, to sap the foundations of that Liberty, which has been purchased at the expence of so much Blood & Treasure."
Resolutions Drafted by Mason for the Virginia Ratifying Convention- 8 June 1788
"That there shall be a Declaration of Rights, asserting and securing from Encroachment the essential and unalienable Rights of the People, in some such Manner as the following.
Here the Declaration of Rights to be inserted."
"17. That the People have a Right to keep & to bear Arms; that a well regulated Militia, composed of the Body of the People, trained to Arms, is the proper natural and safe Defence of a free State; that standing Armys in time of Peace are dangerous to Liberty, and therefore ought to be avoided, as far as the Circumstances and Protection of the Community will admit; and that in all Cases, the Military shou'd be under strict Subordination to and govern'd by the Civil Power."
Taxing Power of Congress May Annihilate the States: June 4, 1788.
"Whether the constitution be good or bad, the present clause clearly discovers, that it is a national government, and no longer a confederation...
Does any man suppose, that one general national government can exist in so extensive a country as this? I hope that a government may be framed which may suit us, by drawing the line between the general and state governments, and prevent that dangerous clashing of interest and power, which must, as it now stands, terminate in the destruction of one or the other. When we come to the judiciary, we shall be more convinced, that this government will terminate in the annihilation of the state governments: the question then will be, whether a consolidated government can preserve the freedom, and secure the great rights of the people.
If such amendments be introduced as shall exclude danger, I shall most gladly put my hand to it. When such amendments, as shall, from the best information, secure the great essential rights of the people, shall be agreed to by gentlemen, I shall most heartily make the greatest concessions, and concur in any reasonable measure to obtain the desirable end of conciliation and unanimity... I therefore beg gentlemen seriously to consider it. Should this power be restrained, I shall withdraw my objections to this part of the constitution: but as it stands, it is an objection so strong in my mind, that its amendment is with me, a sine qua non, of its adoption. I wish for such amendments and such only, as are necessary to secure the dearest rights of the people."
An Amendment to the Constitution is Needed to Prevent the Danger of a Standing Army- 14 June 1788
"No man has a greater regard for the military gentlemen than I have. I admire their intrepidity, perseverance, and valour. But when once a standing army is established, in any country, the people lose their liberty. When against a regular and disciplined army, yeomanry are the only defence—yeomanry, unskillful & unarmed, what chance is there for preserving freedom? Give me leave to recur to the page of history, to warn you of your present danger. Recollect the history of most nations of the world. What havock, desolation, and destruction, have been perpetrated by standing armies? An instance within the memory of some of this house, -will shew us how our militia may be destroyed. Forty years ago, when the resolution of enslaving America was formed in Great-Britain, the British parliament was advised by an artful man, [Sir William Keith] who was governor of Pennsylvania, to disarm the people. That it was the best and most effectual way to enslave them. But that they should not do it openly; but to weaken them and let them sink gradually, by totally disusing and neglecting the militia. [Here MR. MASON quoted sundry passages to this effect.] This was a most iniquitous project. Why should we not provide against the danger of having our militia, our real and natural strength, destroyed? The general government ought at the same time to have some such power. But we need not give them power to abolish our militia. If they neglect to arm them, and prescribe proper discipline, they will be of no use....
... I consider and fear the natural propensity of rulers to oppress the people. I wish only to prevent them from doing evil. By these amendments, I would give necessary powers, but no unnecessary power. If the clause stands as it is now, it will take from the state legislatures what divine providence has given to every individual—the means of self defence."
Control over the Militia Is But One of Many Dangerous Powers Conferred on Congress- 14 June 1788
"MR. GEORGE MASON, after having read the clause which gives congress power to provide for arming, organizing, and disciplining the militia, and governing those in the actual service of the union— declared it as his firm belief, that it included the power of annexing punishments, and establishing necessary discipline; more especially as the construction of this, and every other part of the constitution, was left to those who were to govern. If so, he asked, if congress could not inflict the most ignominious punishments on the most worthy citizens of the community? Would freemen submit to such indignant treatment? It might be thought a strained construction, but it was no more than congress might put upon it. He thought such severities might be exercised on the militia, as would make them wish the use of militia to be utterly abolished; and assent to the establishment of a standing army."
Militia Duty May Become Onerous Unless the Power of Congress is Amended - 16 June 1788
"Mr. Chairman—A worthy member has asked, who are the militia, if they be not the people, of this country, and if we are not to be protected from the fate of the Germans, Prussians, &c. by our representation? I ask who are the militia? They consist now of the whole people, except a few public officers. But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor; but may be confined to the lower and middle classes of the people, granting exclusion to the higher classes of the people. If we should ever see that day, the most ignominious punishments and heavy fines may be expected. Under the present government all ranks of people are subject to militia duty."
Congress May Attempt to Make Militia Service Intolerable - 16 June 1788
"But that congress could inflict severe and ignominious punishments on the militia, as a necessary incident to the power of organizing and disciplining them. The gentleman had said there was no danger, because the laws respecting the militia were less rigid in the other states than this. This was no conclusive argument. His fears, as he had before expressed, were, that grievous punishments would be inflicted in order to render the service disagreeable to the militia themselves, and induce them to wish its abolition, which would afford a pretence for establishing a standing army. He was convinced the state governments ought to have the controul of the militia, except when they were absolutely necessary for general purposes. "
The "Necessary and Proper" Clause Could Become an Engine for Oppression - 16 June 1788
"The government of Virginia, he remarked, was drawn from the people; yet there were certain great and important rights, which the people by their bill of rights declared to be paramount to the power of the legislature. He asked, why should it not be so in this constitution? Was it because we were more substantially represented in it, than in the state government? If in the state government, where the people were substantially and fully represented, it was necessary that the great rights of human nature should be secure from the encroachments of the legislature; he asked, if it was not more necessary in this government, where they were but inadequately represented? He declared, that artful sophistry and evasions could not satisfy him. He could see no clear distinction between rights relinquished by a positive grant, and lost by implication. Unless there were a bill of rights, implication might swallow up all our rights."
The Proposed Federal District Might Become a Sanctuary for Criminals
"This ten miles square, says MR. MASON, may set at defiance the laws of the surrounding states, and may, like the custom of the superstitious days of our ancestors, become the sanctuary of the blackest crimes. Here the federal courts are to sit. We have heard a good deal said of justice. It has been doubted whether jury trial be secured in civil cases. But I will suppose, that we shall have juries in civil cases. What sort of a jury shall we have within the ten miles square? The immediate creatures of the government. What chance will poor men get, where congress have power of legislating in all cases whatever, and where judges and juries may be under their influence, and bound to support their operations? Even with juries the chance of justice may here be very small, as congress have unlimited authority, legislative, executive, and judicial. Lest this power should not be sufficient, they have it in every case. Now, sir, if an attempt should be made to establish tyranny over the people, here are ten miles square, where the greatest offender may meet protection. If any of their officers, or creatures, should attempt to oppress the people, or should actually perpetrate the blackest deed, he has nothing to do, but get into the ten miles square. Why was this dangerous power given? Felons may receive an asylum there, and in their strong holds. "
