FOOTNOTES:
[130] For the recommendation of Congress, on this same day, regarding setting up State governments, cf. American History and Government, § 148. (For earlier recommendations as to temporary governments, cf. ib.) This action, of course, was not known in Virginia when this Convention took action regarding independence and a permanent State constitution.
[131] The sixth article seems to have been designed by George Mason, who drew it, as an argument for extending the franchise to heads of families. Mason drew also a plan for the frame of government, which the convention in the main adopted on June 29. In this plan he proposed to "extend" the franchise to leaseholders with seven-year terms, and to any "housekeeper" who was also the father of three children (Article V of Mason's Plan; printed in full in Kate Mason Rowland's Life and Correspondence of George Mason, I, 444 ff.). The convention, however, left the franchise as "now established by law"—on a freehold basis (American History and Government, §§ 105, 107). Mason, in his plan, suggested graded landed qualifications for holding office: £500 freehold to act as a member of his proposed electoral college to choose state senators; £1000 freehold to sit in the lower House; £2000 freehold to sit in the upper House.
It is often said that Mason proposed a £1000-freehold qualification for the franchise. The language of Section III of his "plan," taken by itself, would so indicate. But the clauses III and IV are very loosely worded and punctuated; and, when they are read in conjunction with Section V, the only possible conclusion is the one stated above. In proposing so liberal a franchise, however, Mason stood alone in Virginia in his day. Even Jefferson's plan for a Virginia constitution called for "a freehold of ¼ of an acre of land in a town, or 25 acres in the country" (Works, Ford edition, II, 7 ff.).
Eleven years later at the Philadelphia convention, Mason used the same language as in the Virginia bill of rights, in opposing a real-estate qualification for the national franchise; but he still advocated a landed qualification for membership in even the lower House of Congress.
[132] Jefferson's plan was indorsed. " ... It is proposed that this bill, after correction by the Convention, shall be referred by them to the people, to be assembled in their respective counties; and that the suffrages of two-thirds the counties shall be necessary to establish it." Jefferson always contended that the Virginia constitution, since it was not so submitted to popular ratification, was not a "fundamental law," but was subject to repeal, like any other statute, by ordinary legislative action. Cf. American History and Government, § 152.
[133] The action of January 12 in (1) above belonged to the session beginning in December.
[134] Is the following word "united" then, in this place, part of a proper noun, or merely an adjective?
[135] Would that colony have felt itself "bound" before it gave them instructions, if Congress had acted on these matters? Cf. American History and Government, § 187, for a discussion of this and allied points.
[136] Lee was about to return to Virginia, and so was not placed on the committee.