Malcolm Rivera
The United States Constitution, signed on September 17, 1787, was drafted to create a national government without infringing on individual rights. However, the issue of slavery was a contentious topic among the delegates, with some refusing to sign due to their objections to how it was addressed. The Constitution included clauses related to slavery, such as the Three-Fifths Clause, and avoided using the word slave, instead referring to them as persons. George Mason, a delegate from Virginia and author of the Virginia Declaration of Rights, refused to sign, citing the lack of a Bill of Rights and the document's failure to adequately address slavery. While the Constitution has since been amended to abolish slavery, the debate over its initial stance on the issue remains a subject of controversy.
| Characteristics | Values |
|---|---|
| Name | George Mason |
| Occupation | Delegate to the Constitutional Convention |
| Refusal Reason | Believed the document lacked a bill of rights to guarantee individual liberty; also believed the Convention was too reluctant to deal with slavery |
| Other Actions | Lobbied against the Constitution's ratification in his home state; shared his list of objections with other public men |
| Legacy | Lost friendships and historical recognition due to his refusal; known as the "Forgotten Founder" |
| Notable Works | Author of the Virginia Declaration of Rights and the Constitution of Virginia |
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What You'll Learn
- George Mason, a slave owner, refused to sign the Constitution because of its reluctance to deal with slavery
- Mason also believed the Constitution gave too much power to the central government
- Mason's refusal to sign the Constitution cost him the friendship of George Washington
- The Constitution's three-fifths clause gave the South extra representation in the House of Representatives
- The Framers avoided the word slave in the Constitution, referring to slaves as persons
George Mason, a slave owner, refused to sign the Constitution because of its reluctance to deal with slavery
However, despite his many contributions, Mason is sometimes referred to as the "'Forgotten Founder,'" as he is largely ignored by history books and uncredited for his influence on core concepts and language in the Declaration of Independence and the Bill of Rights. Mason's refusal to sign the Constitution cost him greatly, including the friendship of George Washington and others who supported the document. In addition to his dissent over the Convention's reluctance to address slavery, Mason believed that the Constitution gave too much power to a central government and lacked a bill of rights to guarantee individual liberty.
Mason's stance on slavery was complex, as he himself owned hundreds of slaves. However, he spoke out against the institution, arguing that it "discourages arts and manufactures" and that "every master of slaves is born a petty tyrant." He also believed that slavery corrupted slaveholders and brought "the judgment of heaven on a country." Despite his objections, the framers of the Constitution sidestepped the slavery issue to gain the support of southern delegates for a strong central government. This compromise laid the groundwork for future conflict and left the Constitution open to criticism as a defective and pro-slavery document.
Mason's refusal to sign the Constitution was not an isolated incident, as he consistently advocated for individual rights and democratic ideals. He believed in the consent of the governed and worked to ensure that protection of individual rights would be a fundamental part of the American system. Mason's efforts eventually led to the passage of the federal Bill of Rights in 1791, providing the first ten amendments to the Constitution. While his dissent over slavery may have been costly, Mason's legacy is one of a passionate advocate for freedom and individual liberties, a founder whose contributions to the foundation of the United States were significant and far-reaching.
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Mason also believed the Constitution gave too much power to the central government
George Mason, a Virginia delegate to the Constitutional Convention, refused to sign the Constitution because he believed it gave too much power to the central government. He also believed that the Convention was reluctant to deal more harshly with the institution of slavery.
Mason, a plantation owner and slaveholder himself, spoke out against slavery, arguing that it "discourages arts and manufactures. The poor despise labor when performed by slaves." He believed that slavery corrupted slaveholders and threatened the country with divine punishment, saying, "Every master of slaves is born a petty tyrant. They bring the judgment of heaven on a country."
Mason's refusal to sign the Constitution cost him greatly, as he lost the friendship of George Washington and others over his stance. His refusal also cost him his rightful place in history, as he is sometimes referred to as the "Forgotten Founder," largely ignored by history books. Despite this, Mason played a significant role in the nation's history. He was the author of the Virginia Declaration of Rights, which was adopted before the national Declaration of Independence and charted the rights of human beings.
Mason's dissent arose from his belief that the Constitution gave too much power to the central government and his desire for a Bill of Rights to guarantee individual liberty. He argued that the Constitution should have been prefaced by a Bill of Rights, using state bills of rights as models. However, not a single state delegation voted in favor of his motion.
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, some states would refuse to join the Union. By sidestepping the issue of slavery, the framers left the seeds for future conflict. While the word "slave" does not appear in the Constitution, specific clauses indirectly addressed slavery, such as the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, and the fugitive slave clause.
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Mason's refusal to sign the Constitution cost him the friendship of George Washington
George Mason, a delegate to the Constitutional Convention, refused to sign the Constitution because he believed that it gave too much power to a central government and lacked a bill of rights to guarantee individual liberty. He also believed that the Convention was reluctant to address the issue of slavery more harshly. Although Mason himself owned slaves, he spoke out against slavery, arguing that it "discourages arts and manufactures" and that "every master of slaves is born a petty tyrant."
Mason's refusal to sign the Constitution cost him dearly, as he lost the friendship of George Washington and others who supported the document. Washington and Mason had previously worked together in 1769 as members of the Virginia House of Burgesses, where they drafted a document known as the Virginia Resolves to protest British tax policies. However, their friendship could not withstand their differing views on the Constitution.
Mason's refusal to endorse the document also cost him his rightful place in history to some extent. He is sometimes referred to as the "'Forgotten Founder'," as he is largely ignored by history books and uncredited for his contributions to the core concepts and language of the Declaration of Independence and the Bill of Rights. Thomas Jefferson, a friend and contemporary of Mason, recognized his importance, calling him "one of our greatest men."
Mason remained politically independent and a vocal critic of the new government and the policies initiated by the Federalist Party. He continued to voice his concerns at the Virginia Ratification Convention, nearly derailing the ratification of the Constitution in Virginia along with other anti-federalists. Although they lost that battle, they ultimately won a greater victory, as a deal was struck to adopt suggestions for writing protections of individual rights when the first Congress convened.
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The Constitution's three-fifths clause gave the South extra representation in the House of Representatives
The Three-Fifths Compromise was a contentious issue at the 1787 Constitutional Convention. The debate centred on whether slaves would be counted as part of the population or considered property and, therefore, not considered in determining representation in the House of Representatives. The Southern states wanted to count the entire slave population, which would increase their number of members of Congress. On the other hand, the Northern delegates and others opposed to slavery wanted to count only free persons, including free blacks in the North and South.
The Three-Fifths Compromise was a compromise struck to resolve this impasse. The Constitution's Three-Fifths Clause stated that "Representatives and direct Taxes shall be apportioned among the several States...according to their respective Numbers...by adding to the whole Number of free Persons...three-fifths of all other Persons." In other words, each state's total population for the purpose of apportioning the House of Representatives included three-fifths of the slave population. This effectively gave the Southern states more power in the House of Representatives relative to the Northern states. It also gave slaveholders similarly enlarged powers in Southern legislatures.
The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney of South Carolina. The Convention unanimously accepted the principle that representation in the House of Representatives would be in proportion to the relative state populations, but the specific compromise was contentious and debated. The Southern delegates countered that slaves counted just as much as voters, while Northerners questioned why slaves should be held by Southerners at all. The compromise that was finally agreed upon reduced the representation of the slave states relative to the original proposals but improved it over the Northern position.
The Three-Fifths Compromise has been criticised as a "downright disability laid upon the slaveholding States" and a "racist contract". However, some argue that it encouraged freedom by giving an increase of "two-fifths" of political power to free over slave states. The word "slave" does not appear in the Constitution, as the framers consciously avoided the word, recognising that it would sully the document. The framers of the Constitution believed that concessions on slavery were the price for the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, some states would refuse to join the Union.
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The Framers avoided the word slave in the Constitution, referring to slaves as persons
The United States Constitution was signed and adopted by the delegates of the Constitutional Convention on September 17, 1787. The Constitution's purpose was to create a government that had enough power to act on a national level, but without so much power that individuals' fundamental rights would be at risk.
The Framers of the Constitution and other American statesmen believed that slavery contradicted the natural rights of all and denied the idea of consent in a republic. They consistently worked to build a constitutional republic of liberty that equally protected the rights of all Americans. The "Father of the Constitution," James Madison, attacked slavery early in the Convention, stating:
> "We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man."
The Framers consciously avoided using the word "slave" in the Constitution, recognising that it would sully the document. They believed that slavery was morally wrong and would die out, and they did not want a permanent moral stain on the document. Instead, they used euphemistic language, referring to slaves as "other Persons," "such Persons," or "Person(s) held to Service or Labor." This was in contrast to their usual terminology, where they would use the term "slave," or sometimes "Negroes" or "blacks."
Despite the Framers' efforts to avoid the term "slave," the Constitution still included important protections for slavery. The notorious three-fifths clause counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years and included a fugitive slave clause requiring the return of runaway slaves to their owners.
At least one delegate, George Mason, refused to sign the Constitution because he believed it gave too much power to a central government and was incomplete without a bill of rights. He also believed that the Convention was not dealing harshly enough with the institution of slavery, although he himself owned slaves.
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Frequently asked questions
George Mason, a delegate to the Constitutional Convention, refused to sign the US Constitution because he believed that the document gave too much power to a central government and did not include a bill of rights to guarantee individual liberty. He also believed that the Convention was not dealing harshly enough with the issue of slavery, although he himself held slaves.
Mason's refusal to sign the Constitution cost him the friendship of George Washington and others. His actions also led him to be largely ignored by history, earning him the nickname the "Forgotten Founder".
The specific clauses in the Constitution that pertained to slavery were the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, the fugitive slave clause, and the slave insurrections.
Yes, many of the framers of the Constitution had moral qualms about slavery. Some, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies.
