CHAPTER II THE ORIGIN OF AMERICAN DEMOCRACY 7. King John is forced to sign the Magna Charta 1 of the document signed by King John in 1215. At the same time that the early American colonists were building Significance homes in the wilderness, they were also developing their ideas of government. Without exception these early colonists were from the monarchical countries of Europe, yet a considerable number brought to their new home certain definite beliefs as to rights of the individual. Some of the settlers who came from England, for example, looked back to the Magna Charta as a definite limitation upon the royal power. This instrument, signed by King John on June 15, 1215, reduced many of the vague rights of Englishmen to tangible form. As a definite body of law, it constitutes the basis of all later English and American written statements of free institutions. The first ten amendments to our Federal Constitution, as well as the bill of rights attached to the constitutions of the several American states, have been called by Lord Bryce "the legitimate children of Magna Charta." The following are the most significant passages in this celebrated doc ument: eternal liberties. This clause later became the germ of representation in the We also have granted to all the freemen of our kingdom, for A grant of us and for our heirs for ever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs for ever.. And for holding the general council of the kingdom concerning the assessment of aids, except in the three cases aforesaid, and for the assessing of scutage, we shall cause to be summoned the archbishops, bishops, abbots, earls, and greater barons of the realm, singly by our letters. And furthermore, we shall cause to be sum- Commons. moned generally, by our sheriffs and bailiffs, all others who hold of us in chief, for a certain day . . . and to a certain place; and in all 1 From the Magna Charta. House of Justice is guaranteed. A check on the king. Both the barons agree to respect the terms of the charter. letters of such summons we will declare the cause of such summons. And, summons being thus made, the business shall proceed on the day appointed, according to the advice of such as shall be present, although all that were summoned come not. ... Nothing from henceforth shall be given or taken for a writ of inquisition of life or limb, but it shall be granted freely, and not denied. . . No freeman shall be taken or imprisoned, or dispossessed, or outlawed, or banished, or any ways destroyed, nor will we pass upon him, nor will we send upon him, unless by the lawful judgment of his peers, or by the law of the land. We will sell to no man, we will not deny to any man, either justice or right. And whereas, for the honor of God and the amendment of our kingdom, and for the better quieting the discord that has arisen between us and our barons, we have granted all these things aforesaid; willing to render them firm and lasting, we do give and grant our subjects the underwritten security, namely, that the barons may choose five and twenty barons of the kingdom, whom they think convenient; who shall take care, with all their might, to hold and observe, and cause to be observed, the peace and liberties we have granted them. . . . Wherefore we will and firmly enjoin . . . that all men in our king and the kingdom have and hold all the aforesaid liberties, rights and concessions, truly and peaceably, freely and quietly, fully and wholly to themselves and their heirs, of us and our heirs, in all things and places, for ever, as is aforesaid. It is also sworn, as well on our part as on the part of the barons, that all the things aforesaid shall be observed in good faith, and without evil subtilty. Given under our hand, . . . in the meadow called Runingmede, between Windsor and Staines, the 15th day of June, in the 17th year of our reign. 8. The Pilgrims agree to establish a pure democracy 1 When the Pilgrims set out for America they took with them the memory of all those traditional guarantees which had first been put 1 From the Mayflower Compact, 1620. Mayflower in writing by the Magna Charta. In addition they carried with them The Pilgrims the experience of the community self-government which had been draw up the a feature of their several years' residence in Holland. When, there- Compact. fore, they dropped anchor in Cape Cod harbor on November 11, 1620, they had at least two political principles in mind: First, the necessity of protecting individuals against governmental aggression; second, the importance of established government in a new land. Before landing, they accordingly "by mutual consent entered into a solemn combination, as a body politic, to submit to such government and governors, laws and ordinances, as should by a general consent, from time to time, be made choice of, and assented unto.” The text of this Mayflower Compact follows: In the name of God, Amen. We whose names are underwritten, Preamble. the loyal subjects of our dread sovereign Lord, King James, by the grace of God, of Great Britain, France, and Ireland King, Defender of the faith, etc. to the establishment of a civil body politic in their new home. Having undertaken for the glory of God, and advancement of the They agree Christian faith, and honor of our King and country, a voyage to plant the first colony in the northern parts of Virginia; do by these presents solemnly and mutually, in the presence of God and of one another, covenant and combine ourselves together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute, and frame such just and equal laws, ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony; unto which we promise all due submission and obedience. In witness whereof, we have hereunto subscribed our names, at Cape Cod, the eleventh of November, in the reign of our sovereign Lord King James, of England, France, and Ireland the eighteenth, and of Scotland the fifty-fourth, Anno Dom. 1620. In 1619 the colony of Virginia was granted a representa tive assembly. Greeting! Object of the ordi nance. 9. Representative government in America 1 The English had settled at Jamestown, Virginia, in 1607, but for several years the colonists suffered great hardships under what resembled military government. In 1619, Sir George Yeardley arrived with the commission of governor-general from the Company which had planted the colony. Realizing the stimulating effect which self-government would have upon the colonists, the Company ordered Yeardley to see that “a general assembly should be held yearly once, whereat were to be present the Governor and Council, with two burgesses from each plantation freely to be elected by the inhabitants thereof; this assembly to have power to make and ordain whatsoever laws and orders should by them be thought good and profitable for our subsistence." The result was the establishment, in 1619, of the Virginia House of Burgesses, the first representative assembly in America. The following passages are extracts from the Ordinance for Virginia, 1621, which granted to the colony for the future the same form of government: To all people, to whom these presents shall come, be seen, or heard, the Treasurer, Council, and Company of Adventurers and Planters for the city of London for the first Colony of Virginia, send greeting. Know ye, that we . . . have thought fit to make our entrance, by ordering and establishing such supreme councils, as may not only be assisting to the Governor for the time being, in the administration of justice, and the executing of other duties to this office belonging, but also, by their vigilant care and prudence, may provide, as well for a remedy of all inconveniences, growing from time to time, as also for the advancing of increase, strength, stability, and prosperity of the said colony: 1 From the Ordinance for Virginia, 1621. We therefore, councils by authority directed to us from his Majesty Two under the Great Seal, upon mature deliberation, do hereby order supreme and declare, that, from hence forward, there shall be two supreme established. councils in Virginia, for the better government of the said colony aforesaid. of State and The one of which councils, to be called the Council of State, (and The Council whose office shall chiefly be assisting, with their care, advice, and circumspection, to the said Governor), shall be chosen, nominated, placed, and displaced, from time to time, by us, the said Treasurer, Council, and Company, and our successors. ... Which said counsellors and council we earnestly pray and desire, its duties. and in his Majesty's name strictly charge and command, that they bend their care and endeavours to assist the said Governor; first and principally, in the advancement of the honour and service of God, and the enlargement of his kingdom amongst the heathen people; and next, in erecting of the said colony in due obedience to his Majesty, and all lawful authority from his Majesty's directions; and lastly, in maintaining the said people in justice and Christian conversation amongst themselves, and in strength and ability to withstand their enemies. ... The other council, more generally to be called by the Governor, once yearly, and no oftener, but for very extraordinary and important occasions, shall consist, for the present, of the said Council of State, and of two burgesses out of every town, hundred, or other particular plantation, to be respectively chosen by the inhabitants: which council shall be called the General Assembly, wherein (as also in the said Council of State) all matters shall be decided, determined and ordered, by the greater part of the voices then present; reserving to the Governor always a negative voice. The second council a General As sembly. And this General Assembly shall have free power to treat, consult, Its powers. and conclude, as well of all emergent occasions concerning the public weal of the said colony and every part thereof, as also to make, ordain, and enact such general laws and orders, for the behoof of the said colony, and the good government thereof, as shall, from time to time, appear necessary or requisite; . . Provided, that no law or ordinance, made in the said General Assembly, shall be or continue in force or validity, unless the same |