George Mason's Resignation as Magistrate and Justice of The Peace of Fairfax County

August 16, 1789

The following is the official court record entry of George Mason's resignation as Magistrate and Justice of the Peace of Fairfax County. This is very important as his resignation of his "judicial office" removed his duty and liability to make an oath of allegiance to the United States Constitution created by the First act of Congress.

 

Translation provided by Virginia1774.org

George Mason Gent. having signified his resignation of the office of a Magistrate for this County by letter the same is ordered to be recorded and is in these words to wit." Gunston Hall July 20th 1789. Gentlemen, as "I do not intend to continue in the Office of a Magistrate or Justice of the Peace in Fairfax County, I hereby resign the said Office and desire that this my resignation of the same may be entered of Record, that I may not be subjected to censure for refusing to execute the Dutys of an office which I no longer hold. I am with much respect, your Worship's most Obdt. Servt. G. Mason   To the worshipful the Justices of Fairfax County Court." Source: Fairfax County Court Records, 173 (1789).

 

The following day the other Justices of the Peace of Fairfax County took their oaths to the United States Constitution.

 

 

Partial Translation provided by Virginia1774.org

"At a Court Held for the County of Fairfax the 17th of August 1789.

...Gent. Justices agreeable to an act of the Congress of the United States intituled , "An act to regulate the time and manner of administering certain Oaths", Solemnly made Oath that they would support the Constitution of the United States. " Source: Fairfax County Court Records, 174 (1789).

An act to regulate the time and manner of administering certain Oaths June 1, 1789.

 

This Act required "all Executive and Judicial officers of the several States, who have been heretofore chosen or appointed...and who shall then be in office , shall, within, one month thereafter take the same oath or affirmation...which may be adiministered by any person authorized by the State , in which such office shall be holden, to administer oaths... "

George Mason remained true to his convictions. The United States Constitution without the protections of a Bill of Rights was not worth defending much less giving allegiance to. As he stated in his letter To the Committee of Merchants in London and which was and is the rule of nations, "and we own too, that Protection & Allegiance are reciprocal Dutys". If the United States Constitution did not offer the protections to the "essential rights of human nature", then he owed no allegiance to it.