The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
Among the notable, but little known, leaders of that time was Sir Edwin
Sandys, the leading spirit of the London (or Virginia) company. He was a
Liberal when to be such was an "extra hazardous risk." He was the son of
a Liberal, for his father, a great prelate, had been sent to the Tower
for preaching in defence of Lady Jane Grey. The son, Sir Edwin, was the
foe of monopolies, and in the same Parliament that impeached the great
genius of this Inn, Francis Bacon, Sandys advocated the then novel
proposition that accused prisoners should have the right to be
represented by counsel, to which the strange objection was made that it
would subvert the administration of justice. As early as 1613, he had
boldly declared in Parliament that even the King's authority rested upon
the clear understanding that there were reciprocal conditions which
neither ruler nor subject could violate with impunity. He might not too
fancifully be called the "Father of American Constitutionalism," for he
caused a constitution--possibly the first time that that word was ever
applied to a comprehensive scheme of government--to be drafted for the
little colony of Virginia in 1609 and amplified in 1612. Speaking in
this venerable Hall, whose very walls eloquently remind us of the mighty
genius of Francis Bacon, it is interesting to recall that these two
charters of government, which were the beginning of Constitutionalism in
America and therefore the germ of the Constitution of the United States,
were put in legal form for royal approval by Lord Bacon himself. Thus
the immortal Treasurer of this Inn is directly linked with the
development of Constitutional freedom in America.
Bacon became a member of the council for the Virginia Company in 1609.
His deep interest in it is attested in the dedication to him by William
Strachey in 1618 of the latter's _Historie of Travaile into Virginia
Brittania_.
In his speech in the House of Commons on January 30, 1621, Bacon saw a
vision of the future and predicted the growth of America, when he said:
"This kingdom now first in His Majesty's Times hath gotten a lot or
portion in the New World by the plantation of Virginia and the
Summer Islands. And certainly it is with the kingdoms on earth as it
is in the kingdom of heaven, sometimes a grain of mustard seed
proves a great tree."
Truly the mustard seed of Virginia did become a great tree in the
American Commonwealth.
One of Bacon's nephews, also of the Inns of Court, Nathaniel Bacon,
became the first Liberal leader in the Colonies, and led the first
revolt against colonial misrule. He was probably of Gray's Inn, for it
is difficult to imagine a Bacon studying in any Inn than the one to
which the great Bacon had given so much loving care.
Public-domain text, read in full here on John Shaqi.
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