Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
In these days of superlative comfort and affluence, it is difficult for
us assembled in this palatial hall, feasting better than the Cæsars
feasted and served as not even princes were served three hundred years
ago--difficult, if not impossible, is it to carry our minds from this
gorgeous and almost oppressive luxury back through the centuries to
November, 1620, to the Mayflower covered with snow and ice and buffeted
by fierce winter winds off the bleak and desolate coast of Cape Cod.
Equally difficult is it to picture to ourselves and in imagination to
breathe the air of that first American constitutional convention, in
the cramped and chilling cabin of the Mayflower, when the Pilgrim
Fathers were assisting, as Bancroft says, at "the birth of popular
constitutional liberty," and were discussing the provisions of what
has since been called the first written constitution ever framed by
a people for their own government from the time history began to
record human politics and human successes and failures. I need not
stop to read the contents of the completed draft of that constitution,
conceived in the then vague prompting, which one hundred and fifty-six
years later was to be proclaimed in our Declaration of Independence
as a self-evident truth, that all governments must derive "their just
powers from the consent of the governed." Nor shall I read the names
of the forty-one immortals who executed that compact in order to
evidence their covenant of due consent and promise of obedience to its
provisions and spirit. Surely, if there be one constitutional document
which should be familiar to all Americans, and particularly to the
descendants of the Pilgrims, it is the Mayflower Compact of November
21, 1620.[7]
Many of us believe that the compact thus entered into was the prototype
of the Constitution of the United States, that the government it
established was the beginning of the republican form of government
now guaranteed alike to nation and state, and that the covenant it
contained for just and equal laws was the germ from which has since
developed our whole system of constitutional jurisprudence. This
covenant reads: "We ... doe by these presents solemnly & mutualy in
ye presence of God, and one of another, covenant & combine our selves
togeather into a civill body politick, for our better ordering &
preservation & furtherance of ye ends aforesaid; and by vertue hearof
to enacte, constitute, and frame such just & equall lawes, ordinances,
acts, constitutions, & offices, from time to time, as shall be thought
most meete & convenient for ye generall good of y Colonie, unto
which we promise all due submission and obedience." Surely, this
simple, comprehensive and lofty language, in the style of the Bible
open before the Pilgrims, embodies the true and invigorating spirit of
our constitutional polity as it flourishes to-day.
Public-domain text, read in full here on John Shaqi.
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