National Society Magna Charta Dames and Barons
Presentations 2002
OPENING OF MAGNA CARTA EXHIBIT
INDEPENDENCE VISITORS CENTER
JULY 3, 2002
Remarks by: (note bookmarks)
Judge
Becker, Chief Judge U.S. Court of Appeals for the Third Circuit
Donald
W. Murphy, Deputy Director, National Park Service
Bonnie
Grant, Deputy City Representative, representing Philadelphia Mayor John F.
Street
Rt.
Hon Lord Goldsmith QC, Her Majesty's Attorney General.
Judge
Becker, Chief Judge U.S. Court of Appeals for the Third Circuit
Good morning. My name is Edward Becker. In
my day job across the street I am the Chief Judge of the United States Court of
Appeals for the Third Circuit. I am here today as Co-Chair of the Magna Carta in
Philadelphia Committee. The Magna Carta in Philadelphia Committee is Ed Becker
and Steve Harmelin, my close friend of 35 years who is Chairman of Dilworth
Paxson LLP, we formed this committee to bring Magna Carta to Philadelphia.
We brought it in 1987 for the Bicentennial of the Constitution because the
Magna Carta is the direct precursor of the Constitution and we thought it is
time to bring it back again, and ,with the help of some others who I will
mention, the wonderful help of others, Magna Carta is here. You will see it
after the ceremony. It is a 705-year-old document. It is in magnificent shape.
It is very exciting and for reasons that I will explain I think it is perhaps
the most important document in the Western ! Hemisphere. Now it is not the first
Magna Carta. We all know the first Magna Carta was signed on the plain of
Runnymede in 1215 when King John acceded to the demands of the barons and
confirmed Magna Carta with his seal, and when he did that he was acknowledging
that no man, even the King, is above the law.
The most famous statement in Magna Carta
is that ... No free man shall be taken, imprisoned, . . . or in any other
way destroyed . . . except by the lawful judgment of his peers, or by the law of
the land.... I interject that the law of the land is what we know as due process
of law that is translated to due process of law which is the centerpiece of the
American Constitution. Magna Carta goes on ...To no one will we deny or
delay, right or justice. Due process is not the only provision of our
Constitution that came out of Magna Carta: the protection against self
incrimination; the right to speedy and public trial; the right to trial by jury;
the prohibition against excessive bail; the prohibition against cruel and
unusual punishment; all of these can be traced to Magna Carta.
I mentioned the Magna Carta of 1215. The
document on exhibit is the last of the Magna Cartas -the latest and most
complete Magna Carta. There were other Magna Cartas executed during the
thirteenth century by King John, by his son, Henry III, and from Edward I. The
document downstairs, the Edward I 1297 Magna Carta, is the one which was entered
onto the statute rolls of England and by virtue of its entry onto the statue
rolls it achieved enormous importance. That is not to say that Magna Charta was
vivified in the actions by the English Kings over the next few centuries it
certainly was not.
It was rediscovered in the 17th century by
Lord Coke, Sir Edward Coke, who was a prominent figure in Elizabethan England of
many titles. He was Queen Elizabeth's Attorney General, a predecessor of one of
our principal speakers today, but Lord Coke in his Institutes of the Law of
England wrote about Magna Carta and the colonists all studied Lord Coke. Indeed,
as you will see as part of this exhibit, courtesy of the Library Company
of Pennsylvania, is William Penn's personal copy of Coke's Institutes of The law
of England as well as Benjamin Franklins personal copy the Magna Carta that is
also part of the exhibit. At all events the colonists studied Coke and they
incorporated Magna Carta into their charters and ultimately it became a central
part of the American Constitution and the Bill of Rights. So in the city of
brotherly love where our nation was founded, where the Continental Congresses
took place, where the Declaration of In! dependence was read and promulgated,
where the Constitution and Bill of Rights were signed, it is appropriate that we
have this seminal document which is so important to our liberties in this, we
think, the greatest nation in the world.
When this was here in 1987 it was seen by
three hundred thousand people. We think that this year it will be seen by well
over a million people and we hope that it will attract tourists in the Delaware
Valley because it is just such a wonderful document.
Now I mention Steve Harmelin's role and
mine but this could not have happened without very very important support from
many others. First, the people who funded the exhibit. My disclaimer is that I
am bound by the strictures of Article 3 and Steve Harmelin raised all of the
money. I did the organization but I didn't ask anybody for a dime. Manny
Stamatakis is supposed to be here but the Delaware River Port Authority is our
lead funder and without the DRPA this would not have happened or without the
Pennsylvania Convention Center, without H. F. Jerry Lenfest, without CIGNA, or
without Dr. John Marks Templeton Jr. We are all very grateful for their support.
But, insofar as the exhibit itself, the
folks at Independence National Historical Park have been so central to this
effort. Doris Fannelli, Chief of Cultural Resources, Karie Diethorn Chief
Curator, Chris Schillizzi, Chief of Interpretation, Dennis Reidenbach Acting
Superintendent, and Martha Aikens, former Superintendent, were all of great
help. From Independence Visitors Center, Bill Moore, behind me, is the President
and CEO and Molly McEnteer is the director of marketing. They too played a key
role. From the Library Company of Pennsylvania John Van Horn is here as
the Director. The Library Company was founded in 1733 by Benjamin Franklin and
they've contributed vitally to this exhibit and Jim Green is the Assistant
Librarian was also a very great help along with the Perot Foundation.
The history of the document itself is
fascinating in terms of how it got here. There are seventeen Magna Cartas extant
in the world and all of them are the United Kingdom with the only two outside
the United Kingdom. One is in Australia and this one which was purchased at
auction by Ross Perot a number of years ago and given to the National Archives;
we have this courtesy of the National Archives. The only place that Magna Carta
has been or will be exhibited in the United States other than the National
Archives is here in Philadelphia and we will have it until next April. There
will be a lot of opportunity to see it.
Dr Nathan Stolow, internationally renowned
curator, who has taken such wonderful care of the document is here. We thank the
Greater Philadelphia Tourist and Marketing Association, represented by Meryl
Levitz and Welcome America by Kyle Lewis. As you go through the hallway you'll
see 26 flags which line the hallway these represent and are the authentic flags
of the baronial houses whose Lords signed the original Magna Carta in 1215. We
also have a special guest, Lady Goldsmith, wife of our principal speaker who I
will introduce after a bit, Sir Thomas Harris is her Majesty's Consul General in
New York, and Marie Rust is the Regional Director of the National Park Service.
I didn't see Oliver Franklin here but he has been a great help; he is Her
Majesty's Honorary Counsel in Philadelphia.
We have here two men that we thought might
like to be here and would enjoy this. Those from the Delaware Valley are
familiar with Runnymede, New Jersey. Runnymede New Jersey was named for
Runnymede, England where the first Magna Carta was signed. John Ribini is the
Mayor of Runnymede New Jersey and William Leap is the Historian of Runnymede,
New Jersey.
I also see a number of other distinguished
guests. I see my colleagues Midge Rendell, Louis Pollak and Lowell Reed from the
Eastern District of Pennsylvania, Lynn Abraham, and United States Attorney Pat
Meehan. We have a bunch of important people here I cant recognize all of them, I
could if I spotted them all, but I also want to thank the Woldingham School
Girls Choir from Surrey, England. They are touring the United States and are
joining us of the unveiling of this exhibit.
I want to introduce our first speaker
Donald W. Murphy. Don Murphy is the Deputy Director of the National Park
Service. He was appointed Deputy Director of the National Park Service in
September of 2001. He is the number two person in the Department and he will
assist in managing 385 national parks covering approximately 84 million acres.
Mr. Murphy has served as the Director of the California Department of Parks and
Recreation and as Director of the Department of Parks and Recreation in the City
of Sacramento
Don Murphy is more than that; he is a
Renaissance man. He has a degree in molecular and cellular biology from the
University of California at San Diego, he has three years of study toward his
Ph.D. in biochemistry and he is an accomplished and published poet. He began his
career in parks and recreation as a state park ranger and has served as the
district superintendent of a number of districts, in the Big Sur District, in
the Chino Hills District and in the Plumas Eureka District in Plumas County. He
has served as President of Hearst Castle Preservation Foundation and he has
spoken nationwide on the subject of the Land and Water Conservation Fund. He
co-founded the Americans for our Heritage and Recreation, an organization
dedicated a full funding for the Land and Water Conservation Fund.
Donald
W. Murphy, Deputy Director, National Park Service
It is really a pleasure to be here this
morning and to be asked to say a few words. For me, this is all about the
evolution of ideas and it is really fascinating to reflect on the fact that this
document that was originally developed to protect the rights of a few barons on
the plains of Runnymede many many many centuries ago has evolved to protect the
rights of all citizens all over the world and to be a model for countries all
over the world. I think sometimes we take for granted our rights to a speedy
trial mentioned by the Judge earlier to justice before a jury of our peers and
that no one, not even the President of our United States, is above the law but
while we sometimes think of liberty as a concept of 1776 we clearly understand
that it is many many years older and that many human beings, our fellow human beings
struggled for the concept in the rights of humans and liberty long before we
were born and that these fights for rights and for liberties actually ensued as
a result of original ideas many of those ideas contained within the Magna Carta
and in the traditions of the English common law and these ideas themselves
really ensue from the human mind as it evolved over the eons. Colonists, many of
them right here in Philadelphia, also enjoy these rights under charters
developed in the colonies. Right here in Pennsylvania as the Judge mentioned
Penn imported several of Magna Cartas fundamental guaranties into the
Constitution for Pennsylvania. One of the first books printed right here in
Philadelphia was Frame of Government of Pennsylvania prefaced with the text of
the Magna Carta. Printed at Penn's request the book clearly shows that he
intended Magna Carta to form the basis for the colonists rights and liberties. A
century later Benjamin Franklin also developed an interest in the document and
probably the oldest printed version of Magna Carta in American belonged to
Benjamin Franklin. The struggle keep the same rights as their fellow subjects in
England showed as a colonists rallied against the Stamp Act believing that the
act violated rights that Magna Carta guaranteed. They interpreted part of Magna
Carta to mean that taxes should not be imposed without representation and the
consent of the citizens. Gatherings to appeal this taxation without
representation were the first if halting steps to an independent United States.
The Great Charters influence did not stop there. As we developed our form of
government in the Constitution and guaranteed our citizens certain liberties
this heritage is most clearly apparent in the Bill of Rights Fifth Amendment
guarantees that no person shall be deprived of life, liberty or property without
the process of law and that the accused shall enjoy the right to speedy and
public trial by an impartial jury. So over hundred times since then our Supreme
Court has cited Magna Carta in its decisions clearly this document displayed
here is relevant today. That's when King Edward reissued the charter as a sign
of his intention to abide by its terms that in this document at Independence
National Historical Park unites it with the Parks own collection of historic
documents including early copies the Declaration of Independence and
Constitution displayed in the West Wing of Independence Hall along with the
silver inkstand used to sign those founding documents. This is the first time
since the Constitution Bicentennial that Magna Carta has been in Philadelphia
now visitors will have a unique opportunity to see these historic documents as
Americans have flocked to their national parks since the tragedy of 911 they can
take pride in seeing our common culture legacy as Americans here in the national
park. Bringing this document to Philadelphia was not a solo effort and the
National Park Service appreciates the efforts of the Magna Carta Foundation the
work of Judge Becker we really appreciate your help Judge and Steve Harmelin for
providing the spark that made this return! engagement possible I should also
acknowledge our partners from the Independence Visitors Center Corporation and
to the Delaware River Port Authority for their financial support for this
exhibit. We are also indebted to the Library Company of Philadelphia for their
loan of other important documents in this exhibit. Finally this could not have
happened without the cooperation and vision of the Perot Foundation and the
National Archives for allowing this exhibition to take up temporary residence
here in Philadelphia and finally as you view this copy of the Magna Carta, and
participate in this ceremony I ask you to use the power of your individual mind
to reflect on the ideas contained within it for in the final analysis it is the
power of the mind to create ideas that will provide protection for life's
greatest evolutionary achievement to this point and by that I mean the human
spirit.
Judge Becker
I also want to acknowledge with thanks the
role of Lewis Ted Neilson, Chancellor of the Magna Charta Dames and Barons, and
Matt Dupee, head of the Philadelphia Chapter of the English Speaking Union here
in Philadelphia; both are here and both did wonderful work in helping put this
together. I also note Albert Rosenblatt of the New York Court of Appeals and
Jerome Shestack a prominent Philadelphia Lawyer and former President of the
American Bar Association.
I would now like to introduce Bonnie Grant
who is the Deputy City Representative appearing on behalf of Philadelphia 4th of
July Festivities and Welcome American and our Mayor, John F. Street.
Bonnie
Grant, Deputy City Representative
Good morning everyone. It is my honor to
be here representing Mayor Street and he brings his greetings to all of the
distinguished guests and thanks to Judge Becker and Steve hormone, Independence
Visitors Center and all the hospitality organizations who are working hard on
this Fourth of July to create a wonderful ten day festival known as Sunoco
Welcome American. Sunoco Welcome America was established in 1993 as an
extension of the freedom festival to Celebrate Americans Birthday at America's
Birthplace and I cannot endorse anything more fitting than having the Magna
Carta Exhibit opening the day before we all gather at Independence Hall to
celebrate the signing of the Declaration of Independence in 1776 which was to
preserve those very rights. Tomorrow I will have the distinct honor of being
your host for that. I hope you join us on the south side of Independence Hall as
we award the Liberty Medal to Secretary Colin Powell. Then we have wonderful
activities for the rest of the day. We have a wonderful Pennsylvania Memories
Last A Lifetime parade at 6:00 followed by the Sunoco Sweet Sounds of Liberty
Concert and Fireworks. We couldn't do this without our sponsor Sunoco and about
a hundred and fifty other sponsors. And All the organizations that have worked
to bring this Magna Carta to Philadelphia are so very important to the
hospitality industry. On behalf of the Mayor and the one and one-half million
citizens of Philadelphia and the many many thousands, hundreds of thousands in
the region, I would like to thank Greater Philadelphia Tourism Marketing
Association, I think I saw Meryl Levitz here, the Center City District, the
Independence Visitors Center, our coming National Constitution Center and there
are many many more and all the departments in the City Philadelphia. So please
enjoy the rest of the festival. We have festivities this year lasting until July
7th: On Friday we have an event in F! DR Park, called Baseball, Hot Dogs and
Apple Pie, a true celebration of America; on Saturday we have a new event
called Try On The Arts which celebrates our neighborhood art organizations -
they will all be gathering at City Hall Plaza with performing arts throughout
the day followed by the Two Cities Two States Concert and Fireworks featuring
the Baha Men and the Marvelettes; on Sunday we have a great gospel gathering at
the Mann with many other events going on. We welcome you, we encourage you to
attend and you couldn't be in a better place than Philadelphia to celebrate
Americans birthday. Thank you.
Judge Becker
We now have our final speaker, the Right
Honorable Lord Goldsmith QC, Her Majesty's Attorney General. I won't give you
Lord Goldsmiths early history. I will, however, identify him as a Liverpudlian
and the illuminati among you will recognize that that means he is from
Liverpool. I can tell you, and maybe this will elevate him to still greater
prominence, that he went to the same high school as John Lennon. He pursued a
somewhat different career than John Lennon; he didn't need three other guys, he
was pretty much on his own. He is a graduate of Cambridge University and the
University of London. He embarked on an absolutely brilliant legal career. He
became the Chairman of the Bar of England and Wales and he is now , as the
Attorney General of the United Kingdom, the chief legal advisor to the Blair
government and a key member of Tony Blair's cabinet. He is the Director of
Public Prosecution which means that he is in charge of all public ! prosecution
in England and Wales and Northern Ireland. He was the Prime Minister's personal
representative to the Convention for the European Charter of Fundamental Rights.
We are delighted to have you here.
Rt.
Hon. Lord Goldsmith, QC, Her Majesty's Attorney General
I start by thanking Judge Becker for that
introduction and picking out my real claim to fame. I would also like to thank
the Woldingham Girls Choir I think it is wonderful to have a such a beautifully
singing choir from my country present here today.
It is, in fact, an enormous privilege and
pleasure to be here for what is really a celebration of the great charter, Magna
Carta. As Judge Becker has shown and as Mr. Don Murray has elaborated and as
Bonnie Grant has also demonstrated the words of this most famous of charters
have the greatest of influence on the birth of the American Constitution, that
great beacon of light in the free world. But, for us in the United Kingdom, too,
it is of course a great inspiration to which we turn time and time again. And,
whenever men and women, free men and women, in the English-speaking world rise
to boast their freedom or to warn off those who would assail it is the
name of Magna Carta which comes first to their tongues.
But why should a document, a
settlement of grievances between the king and his barons and his church over 700
years ago be of such import. I believe there are three particular reasons:
First - because it shows that the
power of the mightiest king may be limited and controlled by written draft, by
written Constitution if you will;
Second - because it contains the most
basic and most fundamental of our principles and they have been referred to
already today;
But third, and for me as a lawyer, this is
key because the Magna Carta extols above all the law, the power of law and the
rule of law. Judge Becker has referred to two of its most famous articles
Article 40, to no one will be sold to no one deny or delay right or justice, and
to Article 39 which ends with the words that no punishment or dispossession will
be except by the law of the land. Those three words, in the original Latin:
"per legem terrae" have been the most influential words in
the history of the common-law. They mean due process of law they mean the rule
of law they are very essence of our protection of social and political justice.
So it is entirely fitting to celebrate this in Philadelphia, the city where the
Magna Carta of a new continent as Thomas Jefferson called the Declaration of
Independence, was written and published. And, that event which you celebrate
tomorrow and which I am privileged to celebrate with you is also a celebration
of our common heritage of the law because the American independence was an
independence founded on the law. If I may quote the words of Justice Anthony
Kennedy of the Supreme Court: "The American Constitutional System was
inspired by fundamental confidence in law as a liberating force....When we
declared independence, he says, we conceived of our cause, we found our
identity, we justified our rebellion in legal terms." And that law is a
shared heritage between our two countries and at a time when we face the
difficulties and the challenges of the world after September the 11th to share
as a common bond is legal heritage is a very precious thing which is another
indication how close our two countries stand together. Yesterday Prime
Minister Tony Blair said our two countries have never been closer so I am
particularly proud to be a part of the celebrations tomorrow.
Let me conclude with a message that I will
read from our Majesty the Queen to President Bush for Independence Day she says
this I send my warmest greetings to you Mr. President on the celebration of your
Independence Day and in admiration for the courage of the people of the
United States of America during these difficult times. Please convey my best
wishes for their future good fortune and happiness signed Elizabeth Regina
Elizabeth Queen.
I am deeply honored to share this
important moment with you and privileged that we can together celebrate this
most important part of our common heritage, Magna Carta. Thank you.
Judge Becker
We are shortly to move to the exhibit
space downstairs to unveil the Magna Carta but before we do so we will close
this portion of event with the Woldingham School Girls Choir presenting a
special selection in honor of Lord Goldsmith our guests from England and in
celebration of Americans birthday tomorrow, the fourth of July.
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