Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
A most important aspect of the Pilgrims' contribution to our political
institutions is the provision for just and equal laws contained in
the Mayflower Compact, for, as I have already suggested, in that
provision is embodied the essence of our whole constitutional system.
It has become a truism that the characteristic of the American system
of constitutional government is equality before the law. We Americans
accept this doctrine as of course. But we should appreciate that civil
equality or equality before the law was practically unknown in Europe
when the Mayflower Compact was written. In this country its development
sprang in great measure gradually from the seed first sown by the
Pilgrims. Neither the phrase "equality before the law," so familiar to
us as expressing a fundamental and self-evident truth, nor the term
"the equal protection of the laws," now contained in the fourteenth
amendment, is to be found in the English common law. Nor was either
term, or any equivalent, in legal use in America at the time of the
adoption of the Constitution of the United States. Indeed, the phrase
"equality before the law" is said to be a modern translation from the
French. Nevertheless, equality in duty, in right, in burden and in
protection is the thought which has run through all our constitutional
enactments from the beginning.
The Pilgrim Fathers perceived, long before it was generally
appreciated, that equal laws might fall far short of political justice
and liberty, and hence they provided for "just and equal laws." They
realized, perhaps indistinctly, that equality in itself, without other
elements, is not sufficient to guarantee justice, and that, under a
law which is merely _equal_, all may be equally oppressed, equally
degraded, equally enslaved. They well knew that equality is one of
the pervading features of most despotisms, and that a law may be
equal and yet be grossly arbitrary, tyrannical and unjust. Obviously,
a law confiscating all property of a certain kind would be equal if
it applied to all having that particular kind of property. The laws
of England then in force providing for one form of worship, "for
abolishing diversity of opinions," as the title of the act of 31 Henry
VIII. recited, or compelling all to attend the same church and to take
the same oath of religious supremacy and the sacraments of the same
religious denomination, were all equal laws, because they applied to
every one, no matter what his conscience might dictate. In the cabin of
the Mayflower, the Pilgrim Fathers seem to have had a vision revealing
to them the fundamental and essential political truth that equality is
but an attribute of the liberty they were then seeking at the peril of
their lives and the sacrifice of their fortunes, and that true liberty
requires _just_ as well as _equal_ laws. To repeat, it was the Pilgrims
who first sowed in our soil the seed of just and equal laws, and that
seed has grown into the fixed rule of the American constitutional
Public-domain text, read in full here on John Shaqi.
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