clerks. . . . It is only here that you realize how superfluous governments are in many affairs in which, in Europe, they are considered entirely indispensable, and how the possibility of doing something inspires a desire to do it.

PRESIDENT BENJAMIN HARRISON [1891]

Columbia should have been the name of the western hemisphere the republic half of the world-the hemisphere without a king on the ground-the world where God sent the trodden spirits of men to be revived; to find, where all things were primitive, men's primitive rights.

WOODROW WILSON [Chicago, January 31, 1916]

America has no reason for being unless her destiny and duty be ideal. It is her incumbent privilege to declare and stand for the rights of men. Nothing else is worth fighting for.

GROUP THREE: THE SOCIAL COMPACT

"ALL GOVERNMENTS DERIVE THEIR JUST RIGHTS FROM THE CONSENT OF THE GOVERNED," GOVERNMENT BY REASON AND MUTUAL CONSENT.

That human society began by any form of social compact or contract is a theory no longer acceptable to sociology or to political science or speculation.

That civilised men-able for the first time to attempt to found a society by logic and reason-should, however, find no other satisfactory method of procedure than voluntary association and voluntary obedience to laws to the making of which they were able to contribute, is entirely conceivable if the place in which the new society was to develop largely prevented arbitrary coercion by affording individual men ample opportunity to escape from it.

Attempt has been made in Chapter Two of the Introduction to this volume to show that the conditions of early America were exceptionally favorable to such a development.

Civilised man perforce lives in society. He has certain inexorable relations with his fellowmen. If he is to develop and to shape his surroundings or his world to his needs and desire he must combine with his fellowmen in many more complicated and intricate relationships. The nature of these relationships becomes confused. In highly evolved societies these relationships require such an aggregation of generalisations and abstractions to define them that, if poorly made, intellectual confusion is engendered and the "state" is looked upon as a mystery.

The "state" is never anything but a group of human beings. To eliminate the sinister aspects of its "mystery" it is only necessary that the inevitable or the voluntary relations of men in society be clearly defined.

Since the fact that man is an intelligent being necessitates his inevitable close relations with other men, his intelligence desires to understand as far as may be; to express in wordsas well as may be the exact nature of these close relationships

and of their complicated conditions. Within crude limits the written and "unwritten" Constitutions of America define the political relations of each American citizen to his fellow Ameri

cans.

Europeans and Asiatics of pre-American times could understand very slightly the nature of their relations to their fellows in whatever society they respectively formed part. They were limited, coerced, kept from relatively free opportunity to grow and develop by arbitrary laws, arbitrarily administered; laws to the making of which they had-at best-only theoretically contributed, laws administered by men they had not even theoretically selected.

Early America was acutely conscious of these facts about European societies. The generation that made the Constitutions was in a position to contrive devices permitting some conscious contribution by the individual man to the laws and functioning of the society it sought to found. It was in a position to express in words the nature of some of the most important relationships individual men should bear to one another in that society.

The Constitution of the United States is an instrument attempting to express in words communicable to each individual during successive generations-in the territories affected by it, the manner in which men shall be brought together to make, to execute and to interpret laws applicable to the changing conditions and changing relations of all the millions of individuals living in those territories; the limits within which these men shall be held in making, executing and interpreting such laws.

The early Americans sought to make their society a "community of will." (138) Some of them called the process of making it the making of a "social compact."

The fact that aboriginal society did not begin as a social compact, the fact that no written document can well define all the relations of men to each other, does not greatly affect the historical truth that the individuals comprising the United States of America are held together politically by a document expressing in words the nature of some of their relations to each other.

In theory, at least, a "community of will" was established; in theory, at least, the individual was released from the arbitrary will of other men in the political sphere. In fact as well as in

theory great progress was made in the eternal human aspiration to give political institutions that quality which will permit the peoples held together under them to have something of the nature of a living and growing organism and not be mere groups or organisations almost mechanically assembled and held together under such conditions that rounded and harmonious growth over long periods is-for both the individual and his society-impossible.

The following excerpts have been assembled to show that there was in the desire of the early Americans a great impulse and aspiration which cannot be dismissed by showing the insufficiency of the social compact theory, a great impulse to express and to make clearly comprehensible the nature of the most important relationships of men in society.

THE FIRST REPRESENTATIVE ASSEMBLY IN AMERICA [1619]

A reporte of the manner of proceeding in the General assembly convented at James citty in Virginia, July 30, 1619, consisting of the Governor, the Counsell of Estate and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4th of August next ensuing.

all the Burgesses were intreatted to retyre themselves into the body of the Church, which being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) tooke the oathe of Supremacy, and then entred the Assembly . .

These obstacles removed, the Speaker . . . delivered in briefe to the whole assembly the occasions of their meeting. Which done, he read unto them the commission for establishing the Counsell of Estate and the general Assembly, wherein their duties were described to the life.

Having thus prepared them, he read over unto them the greate Charter, or commission of priviledges, orders and lawes, sent by Sir George Yeardly out of Englande. . . . But some men may here objecte to what ende we should presume to referre that to the examination of the Comitties which the Counsell and Company in England had already resolved to be per

fect, and did expecte nothing but our assente thereunto? To this we answere that we did it not to the ende to correcte or controlle anything therein contained, but onely in case we should find ought not perfectly squaring with the state of this Colony or any lawe which did presse or binde too harde, that we might by waye of humble petition, seeke to have it redressed, especially because this great Charter is to binde us and our heyers for ever.

At the same time, there remaining no farther scruple in the mindes of the Assembly, touching the said great Charter of laws, orders and priviledges, the Speaker putt the same to the question, and so it had both the general assent and the applause of the whole assembly who, as they professed themselves in the first place most submissivily thankfull to almighty god, therefore so they commaunded the Speaker to returne (as nowe he doth) their due and humble thanks to the Treasurer, Counsell and company for so many priviledges and favours as well in their owne names as in the names of the whole Colony whom they represented.

This being dispatched we fell once more debating of suche instructions given by the Counsell in England to several Governors as might be converted into lawes, the last whereof was the Establishment of the price of Tobacco, namely, of the best at 3d. and the second at 18d. the pounde. . . .

THE MAYFLOWER COMPACT [1620]

In ye name of God Amen. We whose names are vnderwriten, the loyall subjects of our dread Soueraigne Lord King James by ye grace of God, of great Britaine, Franc, & Ireland King, defender of ye faith, etc.

Haueing vndertaken, for ye glorie of God, and advancemente of ye Christian faith and honour of our king and countrie, a uoyage to plant ye first colonie in ye Northene parts of Virginia. Doe by these presents solemnly & mutualy in ye presence of God, and one of another, couenant, & combine our selues togeather into a Civill body politick; for our better ordering, and preseruation & furtherance of ye ends aforesaid; and by Vertue hearof to enact, constitute, and frame such just & equall lawes, ordinances, Acts, Constitutions, & offices, from