A law in Louisiana requiring schools to to post the 10 Commandments in every schoolroom tried to head of Constitutional challenges by also including a list of potential "optional" documents to be put up in addition the required one. Among those was the Mayflower Compact
And in then the previous post, I included as my reply a "VERY short version of the story" of the Mayflower Compact to explain why it should not be regarded as a foundational document. Just for anyone who might be interested, this is the somewhat longer version.
First know that a patent is legal authority to establish a settlement on “the King’s land.” Because of the practical issues raised by time and distance, they typically included the settlers’ right to govern themselves and their own local affairs “in accordance with the laws of England.”
Second, know that Jamestown is not the same as Virginia. Jamestown was one place within the colony of Virginia, the boundaries of which extended from about where Florida meets the mainland to about the mouth of the Hudson River.
Third, a then-recently developed route to the “New World” was to tack along the 40th parallel from Europe to Cape Cod and then skim the coast north or south, depending on your destination.
Okay. In 1620 a group left England with a patent for creating a settlement in Virginia and traveled that route, heading ultimately for the northern reaches of that colony. The reason for the move is that a number of the passengers and most of the leaders of the voyage had fled England to Holland 12 years earlier to escape religious persecution there. These people were Congregationalists (each congregation is independent and self-governing) while by law they had to be members of the national Church of England.
Unfortunately, they not only found religious tolerance in Holland, they also found poverty of a degree that convinced them their community was dissolving, leading to the determination to move again. Despite their religious resistance, they still thought of themselves as English, so backed by a group of investors hoping to make profit on the enterprise, they made arrangements to head for what they would agree was "the King's land" in "the New World."
The reason for heading for the northern most part of Virginia is that the main settlement in Virginia, Jamestown, was definitely Church of
England and these settlers thought it safest to be nowhere near them.
But there were problems in leaving Europe. The biggest was that there were originally two ships going, the Mayflower and the Speedwell, the latter of which was to stay with the colonists (the Mayflower was hired for the voyage). Twice they set out and twice they had to return to port because the master of the Speedwell complained of leaks.
Ultimately they gave up on the Speedwell and the Mayflower left alone - six weeks late. Which also meant they arrived six weeks later than intended.
Upon arriving at Cape Cod and trying to turn south, it became apparent it was too late in the season (it was November) to safely sail the shoals on the cape’s south side and the master of the Mayflower refused to continue. He told them he’d take them back to England or if they’d rather, he’d stay until they found a place to settle where they were. Most of them had effectively nothing to go back to, so they chose the latter.
The Mayflower waited in what’s now Provincetown Harbor while the colonists searched the inside of Cape Cod until, with winter coming hard on, they picked the best place they’d found so far - which became the site of Plymouth. (There’s a great story about their discovery of the harbor, but I expect I’m already trying your patience.)
But that raised the issue that they were now north of the boundary of Virginia. Some dissension arose as some of the passengers began to say that because they were beyond the bounds of the patent, no one had any authority over them and they would do as they pleased. Fearing that would lead to the settlement dissolving into chaos before it ever began, with people bickering and scattering into the what they considered wilderness, the group (meaning the adult “free” men, i.e., not servants) agreed - with let’s call it the encouragement of “sign or you don’t get off the ship” - to form a “civil body politic” and govern themselves according to the terms of the now-invalid patent they’d had.
That is, they essentially agreed to act as if they had a patent until they got a new one. And it was a wise decision. But it was a stopgap which broke no new ground; it claimed no rights or powers or freedoms which they were not otherwise granted by law or patent.
When the Mayflower got back to England with the news of where the settlement was, a new patent was obtained, one valid in what had become known as New England. It was delivered to the settlement - Plymouth - in November 1621, at which time the Mayflower Compact, having served its purpose, became void.
So. Wise governance? Yes. Foundational? No.
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