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+The Project Gutenberg EBook of The Short Constitution by Martin J. Wade
+and William F. Russell
+
+
+
+This eBook is for the use of anyone anywhere at no cost and with almost no
+restrictions whatsoever. You may copy it, give it away or re-use it under
+the terms of the Project Gutenberg License included with this eBook or
+online at http://www.gutenberg.org/license
+
+
+
+Title: The Short Constitution
+
+Author: Martin J. Wade and William F. Russell
+
+Release Date: January 3, 2011 [Ebook #34839]
+
+Language: English
+
+Character set encoding: UTF‐8
+
+
+***START OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION***
+
+
+
+
+
+                          The Short Constitution
+
+                      Elementary Americanism Series
+
+   Being a Consideration of the Constitution of the United States, With
+  Particular Reference to the Guaranties of Life, Liberty, and Property
+        Contained Therein, Sometimes Designated The Bill Of Rights
+
+                                    By
+
+                              Martin J. Wade
+
+                Judge of the United States District Court
+
+                                   And
+
+                            William F. Russell
+
+           Dean of the College of Education, University of Iowa
+
+                              Annotations By
+
+                           Charles H. Meyerholz
+
+         Professor of Social Science, Iowa State Teachers College
+
+                        Third and Revised Edition
+
+                     American Citizen Publishing Co.
+
+                                Iowa City
+
+                          Copyright, 1920, 1921
+
+
+
+
+
+CONTENTS
+
+
+About The Authors
+Preface
+I. The Judge’s First Talk
+II. Government
+III. Liberty
+IV. America—A Democracy
+V. America—A Republic
+VI. Law
+VII. The Constitution
+VIII. Making The Constitution
+IX. Freedom
+X. Military Provisions
+XI. Search Warrant And Indictment
+XII. Rights Of Accused
+XIII. Life, Liberty, And Property
+XIV. Criminal Trials
+XV. The Indictment
+XVI. Guarding Rights In Court
+XVII. Punishment
+XVIII. Equal Rights Of Citizens
+XIX. Writ Of Habeas Corpus
+XX. Other Prohibited Laws
+XXI. Titles, Gifts, Treason
+XXII. Jury, Except In Impeachment
+XXIII. Wrongs Under King George
+XXIV. Shall Any Part Be Repealed
+XXV. Amending The Constitution
+XXVI. Machinery Of The Government
+XXVII. State Constitutions
+XXVIII. The Suffrage
+A Word To The The Teachers And Others
+Declaration Of Independence
+Constitution Of The United States
+Articles In Addition To, And Amendment Of The Constitution Of The United
+States Of America, Proposed By Congress, And Ratified By The Legislatures
+Of The Several States Pursuant To The Fifth Article Of The Original
+Constitution
+Footnotes
+
+
+
+
+
+
+What Has America Done For Me And For My Children?
+
+This question may not be spoken, but it is in the hearts of millions of
+Americans to-day.
+
+All those who attempt to teach Americanism to foreigners, _and to
+Americans_, must be prepared _to answer this question_. _It can only be
+answered_ by teaching the individual guaranties of the Constitution of the
+United States, and of the States, which protect life and liberty and
+property.
+
+_It can only be answered_ by convincing the people that this is a land of
+justice and of opportunity for all; that if there be abuses, they are due
+not to our form of government, but that the people are themselves to
+blame, because of their ignorance of their rights, their failure to
+realize their power, and their neglect of those duties which citizenship
+imposes.
+
+All over the land earnest men and women are endeavoring to teach the great
+truths of Americanism, and with substantial success; but those who
+understand human nature realize that the faith of our fathers can only be
+firmly established by lighting the fires of patriotism and loyalty in the
+hearts of our children. Through them the great truths of our National life
+can be brought into the homes of the land.
+
+And the Nation will never be safe until the Constitution is carried into
+the homes, until at every fireside young and old shall feel a new sense of
+security in the guaranties which are found in this great charter of human
+liberty, and a new feeling of gratitude for the blessings which it assures
+to this, and to all future generations.
+
+
+
+
+
+ABOUT THE AUTHORS
+
+
+For a work designed to promote education in the spirit of American
+citizenship it would be difficult to imagine a more competent authorship
+than that which has been provided for “The Short Constitution”. Either of
+the writers alone would have produced a book of high standing in this
+field; the collaboration of the two makes it a remarkable production in
+its adaptation to the subject for home reading, the study club, and the
+school curriculum. It is unique, and has justly been termed “the first
+real attempt to popularize Constitutional law.”
+
+Federal Judge Martin J. Wade has had a varied contact with people in his
+long experience as practicing attorney, district judge, member of
+Congress, and Judge of the United States Court. A well known Iowa
+publicist, he has gained nation wide fame as a public speaker and writer
+on Americanization and citizenship topics, basing his themes on first-hand
+experiences with conditions which have produced much unrest throughout the
+Nation. As a member of the State Council of National Defense during the
+World War, and as presiding judge at the trial of many obstructionists in
+that period, he conceived the idea of the need for a school of
+Americanism, to teach what our country has done for its citizens.
+Clearness and eloquence mark his public addresses, and have enriched the
+arguments and illustrations of this first book of the “Elementary
+Americanism Series”.
+
+Dean William F. Russell was the educational adviser sent with a group of
+experts by appointment of the President of the United States to advise
+disorganized Russia during the latter part of the World War; and also one
+of the five members of the China Educational Commission of North America,
+sent to China in 1921. His course of study in American citizenship,
+written at the request of the National Masonic Research Society for use
+throughout the United States, was inspired by the observation that the
+government in Russia, in contrast with our own, was an agency that took
+money for its coffers and boys for its armies and gave nothing in return.
+In addition to his work as Dean of the College of Education of the State
+University of Iowa, and his record as a widely-known lecturer on
+educational topics, he has found time to write school texts notable for
+accurate and concise statement, adapted to arousing and sustaining
+interest in the student mind.
+
+The authors have done more than present the facts about the Constitution
+of the United States, with particular emphasis on its personal guaranties.
+They have vitalized a topic generally thought to be dry and technical.
+They have succeeded in making the Constitution seem to be what it is, a
+factor of first importance in the daily life of the average citizen. It is
+not too much to say that the seed of this book should be planted in every
+home in America.
+
+The admirable work of annotation by Professor Chas. H. Meyerholz,
+Professor of Social Science in the Iowa State Teachers College, gives much
+additional material for elementary and advanced study. Professor Meyerholz
+is well known as an authoritative teacher, writer, and lecturer on
+subjects pertaining to government, and has done much valuable
+Americanization work.
+
+The elementary and advanced questions at the end of each chapter will
+serve as a guide to all teachers and leaders of study classes. The text of
+the Declaration of Independence and the Constitution of the United States,
+with the original capitalization and punctuation preserved, and an
+abridgement of a State Constitution, printed at the end of the book, are
+valuable for reference.
+
+THE PUBLISHER
+
+
+
+
+
+PREFACE
+
+
+“The Short Constitution” is one of a series of volumes entitled
+“Elementary Americanism”, intended for use in the home, the club, the
+school, and in general Americanization work.
+
+It is our hope that regular courses in “Americanism” will soon be
+established in all schools, colleges, and universities.
+
+We use the term “Americanism” because we feel that it signifies something
+broader, deeper, and more appealing than any title now used in the schools
+in the teaching of American government, or citizenship, or the rights and
+duties of the citizens of the United States.
+
+We like the term “America” better than “the United States”. “The United
+States” suggests boundaries, codes, and constitutions. “America” suggests
+all these and then it suggests _spirit_. There _is_ such a thing as
+“Americanism”. It includes all there is of information relating to our
+country; but it also has a soul “Americanism” relates to democracy, into
+which enter all the ideals, all the impulses and emotions of men, women,
+and children. “Americanism” teaches not only the relation of the States to
+the National government, and the relation of citizens to both the State
+and the National government, but it also teaches the relation of men,
+women, and children to each other.
+
+This is a government by the people, and therefore we must understand the
+people in order that we, the people, may govern.
+
+To arouse patriotism and loyalty we must do more than develop the powers
+of the mind, do more than expand the field of knowledge. We must inspire
+in the heart faith, confidence, and love. Men must not only learn how to
+govern, but they must learn how to be governed. We must not only learn to
+command, but also to obey. Our spirits must be so molded that we can
+submit to duly constituted authority, submission to which is the most
+lofty expression of American patriotism.
+
+Submission to authority in America is submission to law, for no man in
+this country has any authority to command or direct a fellowman, except as
+the law made by the people vests him with such authority.
+
+To inspire devotion to our country we must arouse in the hearts of our
+people a sense of gratitude for the blessings which come to us because we
+live in free America, gratitude for the rights and liberties which we
+possess, which are protected by the guaranties of a written Constitution
+adopted by the people themselves.
+
+There is only one way in which the average person may be brought to see
+what America has done for him, and that is by contrasting the rights,
+privileges, and opportunities which he has with those possessed by others
+in the same walk of life before the Constitution became the bulwark of the
+people against injustice and wrong.
+
+The aim of “The Short Constitution” is to present, in a form as simple as
+possible, a definite knowledge of all the personal guaranties of the
+Constitution, with an explanation of what they mean, and what they have
+done in the advancement of human happiness; and a brief explanation of the
+machinery of government provided by the Constitution.
+
+Everyone who understands human nature will admit that to mold the spirit,
+to inspire faith, and to excite gratitude training must begin in
+childhood. The child must learn:
+
+
+    (a) What authority means.
+
+    (b) The source of authority.
+
+    (c) In whom authority rests: in the parent, in the teacher, and in
+    public officers selected by the people to enforce the authority of
+    the community, the State, and of the Nation.
+
+    (d) How the authority of the people, the community, the State, and
+    the Nation is expressed through laws which are nothing but rules
+    of human conduct.
+
+    (e) How we should respect authority and submit to authority.
+
+    (f) How and by whom those who will not yield obedience to
+    authority out of respect will be compelled to obey by punishment.
+
+
+We have adopted a new method of presenting this subject. In this country
+authority is largely administered through the courts. Judges of the courts
+construe the Constitution and the laws; and, generally with the aid of a
+jury, determine rights and wrongs, and enforce justice through their
+judgments and decrees.
+
+We therefore feel that the subject “Americanism”, presented through the
+spoken word of a judge, will better gain and hold the attention of the
+pupil than in any other way. We have the teacher invite Judge Garland to
+deliver a series of “Talks” to the pupils, which are herein presented. By
+this direct method greater freedom of expression is permitted and with the
+aid of notes greater brevity is possible. In these “Talks” considerable
+apparent repetition will appear. This is essential to thorough
+understanding. Without reiteration it is impossible to accomplish our
+purpose which is not only to enlighten, but to inspire.
+
+Our endeavor is to present the subject not from the standpoint of the
+government, but from the standpoint of the people. The _rights of the
+people_ are of first importance in a Nation where men, women, and children
+are free. The State and the Nation have no rights except those given them
+by the people. Strictly speaking the Nation and the States have no
+“rights” but only the duty to exercise certain powers in the protection of
+the liberties of the people.
+
+In America the rights of the people are supreme. The state exists for man,
+not man for the state.
+
+To gain substantial results we must rely largely upon the industry and
+enthusiasm of the instructors. We are sure they will realize that in the
+“upbuilding of the spirit” a proper atmosphere must be created and
+maintained. Doctor Steiner wisely said, “Religion cannot be taught, it
+must be caught”. In other words religion is of the spirit; so is
+patriotism. _Always bear in mind that in presenting the Constitution we
+are teaching human rights under the Constitution._
+
+It is more than a century since the Constitution was ratified, and, so far
+as we have knowledge, this is the first direct attempt to translate its
+guaranties into the language of the ordinary man, woman, and child. We
+demand respect for, and loyalty to the Constitution, but the truth is that
+the ordinary citizen has no knowledge of the relation of the Constitution
+to his life or to the life of his children.
+
+THE AUTHORS
+
+
+
+
+
+I. THE JUDGE’S FIRST TALK
+
+
+      Reasons For The Study Of The Constitution Of The United States
+
+
+For several days there had been an air of expectancy about the school. At
+Monday’s assembly the teacher had announced that she had persuaded Judge
+Garland to come to talk to the teachers and pupils about the Constitution
+of their country and about the law, the rights, the powers, and the duties
+of the people. A real live judge was coming! Most of the children had
+never seen a judge. The word inspired a sort of dread. They had read of
+men being sentenced to prison. They expected to see a fierce, hard-hearted
+man. Some of the younger children had wondered if it would be possible to
+stay away from the assembly room when the judge was there, but the teacher
+said that everyone should be present. So important was the subject that
+the teachers were to be there, too; and many fathers and mothers that
+could spare the time were also invited. The principal had said that he
+would not miss a meeting.
+
+So when Friday came the assembly room was crowded. All the pupils and
+teachers were there, and in the rear of the room were a few of the
+parents. The door opened and the principal of the school entered. By his
+side was a man whose gray hair and serious countenance told of years of
+responsibility. He did not appear “fierce”. Rather his face was kind and
+his eyes twinkled as he ascended the platform and stood looking out over
+the faces before him.
+
+The principal introduced Judge Garland who bowed and began his series of
+talks to the children.
+
+Well my friends, I am glad to see you. I am delighted to be back in a
+school room again. It is many years ago, though it seems but a short time,
+since as a schoolboy I sat in a school room like this, among boys and
+girls like you. I suppose that I studied about as you study, and did not
+recite any better than you recite. I thought I had to work very hard, and
+I remember that I often looked out of the open window of the school room
+when the summer sun was warm, and I thought I could hear the trees, the
+grass, the stream, and even the fish calling me to quit study and come out
+to joy and freedom. I know it was a real temptation. I could have had a
+good time, but I have often been glad since that I obeyed my teacher, my
+parents, and the law, and continued my studies in school. I am glad,
+because I now realize how much easier, how much happier, and how much more
+useful my life has been because I did not listen to the voice of
+temptation which called me from work to play.(1)
+
+Since those pleasant school days I have seen much of human life. On the
+bench now for over twenty-five years, I have been compelled to deal with
+all sorts of people, even the little children who early in life sometimes
+drift from the path of right to ways of wickedness. I have served as judge
+of the Juvenile Court, and judge of the court in which the worst criminals
+are tried. I have heard the cases of thousands of persons on trial for
+crimes, men and women, young and old. I have sent hundreds to prison, and
+I have been compelled to sentence some to death.
+
+In this experience, I have learned something of how easy it is, unless we
+are on our guard, to sin against the laws of our country, and against the
+laws of God. I have observed that the average person does not fully
+appreciate the value of liberty until he is about to lose it.(2)
+
+I also know that most people do not know the worth of the protection which
+our Constitution gives to each one of us, until someone is about to take
+away their right to life, or to liberty, or to property; and then they cry
+out for help. If they are right in their appeal, they always find help in
+the Constitution and in the law of the land. Yet it is true that there is
+much real ignorance about our country, our Constitution, and our laws.
+There is even much ignorance of these things among people who are supposed
+to be well educated.
+
+So I was pleased when your teacher came to me the other day asking me to
+come to your school a couple of times a week, to talk to you about our
+country, our Constitution, and our laws. I am happy to be able to comply
+with her request. It is a difficult subject for children, yet children
+must study these things, and learn them. There is no more important
+subject.(3)
+
+One of the chief objects of furnishing free education to children, rich
+and poor, is to make of them good law-abiding citizens; citizens who know
+what authority is; citizens who will obey the voice of authority; citizens
+who realize that authority in this country rests in the people themselves;
+citizens, men and women, who realize that they owe a duty to their country
+and their fellowmen to do all they can to keep America the most free and
+the most just country in the world.(4)
+
+No American child should leave school without a full knowledge of the
+government of our country; nor until he has in his heart loyal devotion to
+America, and to the Stars and Stripes, the emblem of the free.
+
+Of course I do not expect you to learn all there is to be known about your
+government. However I do expect you to know the great fundamental truths
+which after all are very simple and easily understood.
+
+I am not endeavoring to make lawyers. I am not trying to train you to
+become lawyers. You know nearly all the children in the American schools
+have to learn something about physiology and hygiene, but not in order to
+become doctors. They study physiology and hygiene in order to understand
+the ordinary rules of health, so that they may protect themselves as far
+as possible against disease and take care of their bodies intelligently.
+Of course sickness will come. Then you must call the doctor.
+
+Well, so it is in this course. I want you to know enough about your
+government, your Constitution, and your laws—because these things are
+yours—so that you, as members of this great society called America, will
+be able to understand your rights and duties, your privileges, your
+opportunities, and your obligations. Sometime in your life your problem
+may become so difficult, or your rights may become so endangered, that you
+will have to call upon a lawyer, just as when illness comes you call upon
+your physician.(5)
+
+No one knows anything of real worth about his country until he knows its
+Constitution. No one can have in his heart a full measure of gratitude for
+the blessings of living in a free country, until he knows of how fully the
+Constitution guards every right and privilege which we hold dear. So we
+shall enter upon the study of the Constitution of our country.
+
+But in order that you may better understand the Constitution of your
+country, in order that you may better study the problems which will be
+presented to you in this course, it is necessary for you to understand
+something, in a general way at least, of four separate
+things—_Government_, _Liberty_, _Authority_, and _Law_. So before talking
+to you of the Constitution, I shall talk to you on these subjects.(6)
+
+I know it will not be easy for you at first to understand some of the
+words and expressions which it is necessary for me to use. It will be
+necessary for me to repeat to some extent, from time to time, but I feel
+satisfied that if we will work together in the right spirit, you will find
+the matter interesting; and I am sure that the great truths, the great
+principles of life, conduct, and action will soon become clear to your
+minds.
+
+The important thing to realize at all times is that we are not talking
+about something away off in which we have slight interest, but that we are
+talking of things which are ours, which affect every one of us, not in the
+future, but now.
+
+I can recall a number of faces of men who have been before my court
+charged with crimes, who in childhood were sitting where you are sitting
+to-day. I have sentenced some of them to long terms of years in the
+penitentiary. I was compelled to take away from them their liberty,
+because they had shown themselves unworthy, and had shown themselves
+rebels against the authority of their country.
+
+On the other hand, I recall those who came into court seeking protection
+of their rights against wrongdoers—against those who would take away their
+property, the earnings perhaps of a lifetime; and in court they found
+protection, justice, and right. But in administering justice and right,
+the court was only applying the principles of the Constitution of our
+country which we are about to study.
+
+So let us enter upon this work with a determination to succeed in our
+undertaking. You know that has a great deal to do with our success in
+life—a determination to succeed.
+
+When you boys take your baseball team to play the team of some other
+school, you start for the baseball park determined to win the game; and,
+if you keep up this spirit, you probably will win the game. In any event,
+you play a real game of which your friends are proud. That is the way to
+meet all the problems of life, whether in the school room, or out in the
+world after you have entered upon the great battles of life.
+
+ELEMENTARY QUESTIONS
+
+1. Did you ever see a judge? Would you be afraid of a judge? Why?
+
+2. What are the duties of a judge?
+
+3. Why did the judge say, “But I have often been glad since, that I obeyed
+my teacher, my parents, and the law, and continued my studies in school”?
+Why do boys and girls go to school? Why is the public willing to pay large
+sums of money to pay teachers, buy books, build school buildings, and keep
+them open?
+
+4. What law was it that the judge said he was glad that he had obeyed?
+
+5. Why did the judge send hundreds to prison? Why was he compelled to
+sentence some to death?
+
+6. What are the advantages of staying in school? What more do you know
+when you graduate from elementary school than those who quit earlier?
+Should one try to graduate from high school? Why?
+
+7. The judge says that one of the chief purposes of school is to make
+good, law-abiding citizens. Think of some person you know who is a “good,
+law-abiding citizen”; think of some one who is not; name five ways in
+which they are different.
+
+8. Have you read the Constitution of the United States? Should a good,
+law-abiding citizen know what is in the Constitution of the United States?
+
+9. The judge says that we owe a duty to our country. List five duties that
+a school pupil owes to his father and mother, five that he owes to his
+teacher, and, if you can, list five duties that all of us owe to our
+country.
+
+10. The judge says that the Constitution guards every right and privilege
+that we hold dear. Can you name any rights or privileges that you hold
+dear?
+
+ADVANCED QUESTIONS
+
+A. Why do we say that the United States is the “land of the free”? Why
+does the judge say that it is the most free and just country in the world?
+
+B. How are judges selected? To whom are they responsible? What are their
+duties?
+
+C. What are likely to be the results of poor schools?
+
+D. Should a parent have a right to give a child as poor an education or as
+little schooling as he may desire?
+
+E. Why do some States require children to study physiology and hygiene? Is
+there as good an argument for a study of the Constitution?
+
+F. Why does the judge say, “No one knows anything of real worth about his
+country until he knows its Constitution”?
+
+G. The judge says that good citizens know what authority is. Give an
+illustration of a child, a student, and a citizen who knows what authority
+is. Define authority. Give an illustration of a man who does not respect
+authority.
+
+H. When is a country a “free country”? What is a “just country”? How can a
+judge justify himself in a free country when he sends some men to prison,
+thereby taking away their freedom?
+
+I. How can an American protect his liberties? What steps must he take?
+
+J. Prepare a paper on one of the following subjects:
+
+
+    The Advantages of Staying in School
+
+    One Law-abiding Citizen That I Know
+
+    What One Man I Know Knows About the Rights and Privileges of the
+    American Citizen Under the Constitution.
+
+    Why Everyone Should Study the Constitution
+
+    What a Law Is, Where It Comes From and Its Value
+
+
+
+
+
+II. GOVERNMENT
+
+
+   The Purpose And Origin Of Government Among Men—In The United States
+
+
+It is a little difficult even for grown people to understand clearly what
+is meant by “the government”. They have so many absurd notions about what
+the government is, and where it is, that I do not wonder that children do
+not understand. If I could look into the mind of each child here this
+morning, I am sure I would find many that picture the capitol at
+Washington, the President, or some other officer as being the government.
+Now the capitol and the President and the Congress and the Supreme Court
+of the United States and all other National officers are part of the
+government, _but they are not the government_.(7)
+
+The government of the United States is merely the agency by which and
+through which the people protect their own rights and liberties. Our
+government may be said to be the organized will of all the people. The
+people govern in this country, and the men and the means by which they
+govern all combined may be said to be the government. But do not ever
+forget this fact: the President is not a master, but a servant. The
+President, Senators, congressmen, and judges, in the Nation; the
+Governors, State Senators, and State Representatives in the States are
+only agents or servants of the people to carry out the people’s will. Also
+do not forget that the power of government does not rest in Washington,
+the capital of the Nation, nor at the capitals of the different States.
+The power of government exists all over these United States. The power of
+government exists right in the homes and hearts of the people.(8)
+
+The President has no power except that conferred upon him by the
+Constitution and the laws which the people have adopted. Neither have the
+Senators, the congressmen, nor the judges any power except that given by
+the people, and the people at any time can take away any part of the power
+given. When I say the people, I mean of course all the people. Not that
+all the people must agree to any law to have it enacted. The majority of
+the people make the laws as a rule. We shall take this up later and
+consider it fully. Government is power to exercise authority. Authority is
+in the people, and the authority of the people is expressed as they want
+it in laws which they make.
+
+But what is government for? Why have any government?
+
+Government is organized to protect human rights.(9) Perhaps if you were a
+giant possessed of wonderful wisdom you would not need any law to protect
+your rights because you would be big enough, powerful enough, and wise
+enough to resist any person who might undertake to interfere with your
+rights; but we are not all giants and we are not all wise. In fact there
+are very few giants in the world. It is true, however, that some are
+bigger and stronger than others; and sometimes these big, strong people
+are selfish, wicked, or envious. They see that a weaker person has
+something which they want, and being big and strong, if there were no law
+to restrain them, they would take it.
+
+Now if you have a bicycle and some full-grown, strong, brutal man were to
+come into your yard, take your bicycle, and start away with it, what would
+you do? You might protest. You might beg him not to take your property,
+but this would probably do no good. A thief does not stop when he is asked
+to by the owner of the property he is stealing, nor is a thief influenced
+by the fact that his act is wrong. In fact doing wrong is the business of
+a thief.
+
+So there being many strong people in the world and many weak people, many
+wise people, and many simple people, the full grown and the children, and
+many, many people who are not guided by rules of right or morality or
+justice, you can see how necessary it is that someone shall provide rules
+and regulations under which the weak, the simple, and the young may be
+protected from the strong, the brutal, and the wicked who would deprive
+their neighbors of their rights or their property, simply because they had
+the power to do it. This is what the government does.
+
+There have been times in the world, hundreds and thousands of years,
+during which the strong governed the weak, made the weak their slaves,
+took from the weak the earnings of their toil; but our government exists
+for the very purpose of restraining the strong and protecting the weak, so
+that their rights are equal. Every man is free and no man is a slave.
+
+Therefore always keep in mind that the purpose of government is to protect
+the people of all classes and ages so that, so far as possible, all may be
+equal in their right to do the things they want to do, own the things they
+want to own so far as they are able to produce or procure them, think the
+things they want to think, and speak the things they want to speak. In
+other words, _government is to protect our freedom against the wrongs of
+others_.
+
+Now we must not have the notion in our mind that the government has
+anything to do with who shall work, or who shall play, or who shall idle.
+Occupations in life are not selected by the government. Each person
+determines this for himself. That is one of the privileges which we have
+in a free country, to select our own occupations; and as you go through
+life you will find that what appear to be the higher or better occupations
+are usually earned by industry, faithfulness, and honesty.(10)
+
+I am going to talk to you some day about occupations in life so that you
+will understand that our place in life is selected by ourselves,
+determined by our efforts and our conduct. I want you to start out in life
+with such a knowledge of these things that you will never blame your
+country if you do not like your job.
+
+_But how did our government come into existence? What was the beginning?_
+Well, it is all very simple if we only get right down to elementary
+principles, if we only “begin at the beginning”. Perhaps your father is a
+Woodman, or an Odd Fellow, or a Knight of Columbus. Perhaps he is a member
+of the American Federation of Labor. Perhaps your mother belongs to the
+Eastern Star, or the P. E. O. society. Perhaps you belong to some school
+fraternity, debating society, or neighborhood club, the Boy Scouts, or the
+Camp Fire Girls.
+
+Now let us go back a few years. None of these societies were in existence.
+Where did they come from? One day, years ago, a few men and women, or boys
+and girls, met perhaps in some home, or the office, and talked over the
+plan which perhaps had been suggested by some one present at the meeting.
+After discussion, it was decided to form an organization. I have no doubt
+that most of you have had such an experience. The beginning of each
+society was merely an idea in the mind of some one. He or she talked of it
+to some one else, and the discussion extended until enough of interested
+persons came together to complete an organization and give it a name.
+
+What was the first step in perfecting the society or organization? It was
+the preparation of a written statement of the purposes and principles of
+the organization, which is usually called a constitution. When the
+constitution was completed, usually by a committee, all those about to
+become members of the society met and talked it over. Changes probably
+were made and the constitution finally adopted. Probably some voted
+against it, but those who did vote against it recognized that they should
+be bound by the judgment and will of the majority.(11)
+
+Laws, or by-laws, as they are generally called, were then adopted to
+govern the conduct of the members in their relation to each other and to
+the society. These by-laws have been amended from time to time ever since,
+and perhaps at all times some of the members have believed that the
+by-laws should be different, but they have submitted to the will of the
+majority.
+
+So with the United States. There was a time less than one hundred and
+fifty years ago when there was no such thing on earth. A comparatively few
+men, representing the people of the former colonies, decided to form a
+Nation, and in the Constitutional Convention after months of discussion,
+the Constitution was adopted, and it was finally ratified by the people of
+the States. While many persons opposed some of the provisions of the
+Constitution, all submitted to the will of the majority.
+
+Thereafter, rules of conduct called laws—in your society by-laws—were
+adopted, and from time to time changed and extended as circumstances
+seemed to demand. We are going to talk about these laws in a few days.
+
+But _there is the whole story_. There is the simple beginning of this now
+great Nation, the most powerful on earth.
+
+So you see there is nothing mysterious about the origin of our
+Constitution. There is nothing mysterious about the origin or the
+organization of this government. The important thing to bear in mind is
+that it was formed by the people for themselves. Humanity, after thousands
+of years, had reached a point where they refused longer to be governed by
+a king or similar ruler.
+
+All this will become more clear to you as you understand something of the
+nature of liberty and of law.
+
+ELEMENTARY QUESTIONS
+
+1. What is the government of the United States? Why isn’t the capitol at
+Washington the government? Why is it impossible to point out the
+government of the United States upon the map?
+
+2. What is a servant? Describe a servant. Why does the judge say that the
+President of the United States is only a servant of the people?
+
+3. Was the Kaiser a servant of the German people? Why not?
+
+4. Where does the President get his power? Where do members of Congress
+get their power? Judges? The Sheriff? The Mayor?
+
+5. If we do not like what our servants do, how can we control them?
+
+6. What is government in a school? In a club? What would it be like if
+there were no government in either? Name five advantages of having a
+government.
+
+7. Suppose that you were like Robinson Crusoe, except that five of you
+were shipwrecked. Would you form a government? Why?
+
+8. If you were tie write a constitution, what would you include?
+
+9. Suppose that a man came into your yard and tried to steal your bicycle,
+what could you do to protect your rights?
+
+10. Do all people do what they think is right? How can you tell what is
+right and wrong?
+
+ADVANCED QUESTIONS
+
+A. What is the purpose of government?
+
+B. Why is it wrong for the great and powerful to govern the small and
+weak? Does might make right?
+
+C. Which would be the better government, one based upon might makes right,
+or one based upon right makes might? Why?
+
+D. How can right make might?
+
+E. In a free country can the government prescribe what occupations in life
+the people must follow? How are the higher and better occupations acquired
+in America?
+
+F. How did the American government come into being?
+
+G. How would you organise a literary society? List the steps in detail.
+Would you have a constitution? What should be included in any
+constitution?
+
+H. Discuss the effect of a sudden breakdown in government.
+
+I. What were the first steps in the actual organisation of the government
+of the United States?
+
+J. Write a paper on:
+
+
+    The Ways in Which the Postmaster, Superintendent of Schools,
+    Sheriff, Coroner, or Judge Serves the People
+
+    Why We Cannot Locate Our Government On the Map
+
+    The Advantages of Having a Government
+
+    What a Constitution Should Include
+
+
+
+
+
+III. LIBERTY
+
+
+Definition Of Liberty And The Historical Background Of The Struggle For It
+
+
+I hope that we now all understand that the purpose of government is to
+maintain the liberty of the people. I wish that every child would learn
+from the Declaration of Independence the following:
+
+“_We hold these truths to be self-evident, that all men are created equal,
+that they are endowed by their Creator with certain unalienable Rights,
+that among these are Life, Liberty and the pursuit of Happiness. That to
+secure these rights, Governments are instituted among Men, deriving their
+just powers from the consent of the governed._”(12)
+
+This expresses the whole purpose of government—to secure the right to
+life, to liberty, and to happiness.
+
+I suppose every child here would like to be rich some day. A great many
+people feel that riches bring happiness. The experience of men, however,
+is that riches more often bring disappointments, burdens, and grief.
+
+_What is the most valuable thing in the world?_ It is not money, lands,
+nor jewels. The most valuable thing in the world is human liberty. I do
+not believe that we, born here in America, realize the value of human
+liberty. It comes to us as a heritage. We accept it as we accept the
+sunlight, the springtime, the harvest. I am afraid that we seldom stop to
+recall the fact that the great blessing of human liberty, as we have it
+here in America, did not exist before our Nation was born. Always remember
+that there were thousands of years before our country came into being,
+when the people, men, women, and children living in many countries of the
+world and under many forms of government dreamed, hoped, and prayed for
+freedom. But it never came to them. They lived, labored, and died under
+kings and emperors, or other rulers, never having any power, or at most
+very limited power, in making the laws under which they were compelled to
+live.(13)
+
+To a considerable extent the history of the world is a sorrowful story of
+men who fought and died in struggles for liberty, the same liberty which
+we in this country enjoy. We must not forget that freedom in this Nation
+was obtained only through war, bloodshed, and sacrifice.
+
+Now what is this liberty for which men have fought and died? It is liberty
+of thought, liberty of speech, liberty of conscience, liberty of action,
+liberty, as the Supreme Court of the United States says, “of all the
+faculties”. Men wanted the right to form their own opinions and to express
+them in speech or in writing. They wished to worship God according to the
+dictates of their own consciences, and not as directed by the ruler of the
+government. They wanted to work in employments of their own choice, to
+have their own earnings for themselves and their families, instead of
+having it taken as tithes or taxes to buy purple robes for some monarch
+upon a throne. They wanted the right to own property, to own a home; and
+they hoped and prayed for the day when their children might have a chance
+to advance in life according to their merits. They hoped some day to have
+the door of opportunity open to the son of the poor man as well as the
+rich. They hoped to see class and privilege wiped away.(14)
+
+These were the things that men and women throughout the centuries
+struggled for, but which were never attained in the whole history of the
+world, by any race or by any nation, until America opened its doors to all
+the peoples of the earth, guaranteeing to them all the blessings which had
+been so long denied to the human race.
+
+You will understand better the functions of government with relation to
+human liberty if you will realize that human liberty is a natural right.
+It comes from no man and no government. It is “God given”. Men are born
+free. The love of freedom is in every human heart. Again recall the words
+of the Declaration of Independence—“all men are created equal ... they are
+endowed by their Creator with certain unalienable Rights”, among which is
+liberty.
+
+America does not confer liberty upon the individual. America realizes that
+the individual possesses the right to liberty, and the whole structure of
+the American government is framed with the special purpose of protecting
+each individual in his natural liberty.(15)
+
+Now there is no danger to the liberty of any one except from two
+sources—the wrong of a fellowman, or the wrong of the government, which in
+this country is a mere organization of men and women and children. Here we
+see emphasized the necessity for law in order to protect the liberty of
+the individual. Government is organized to protect individuals in their
+liberties. This protection is furnished by laws enacted by the people to
+protect the weak against the strong, the good against the evil; and in
+this country the same law applies to every individual. There are no
+special laws for special classes; every one is equally interested in
+having these laws as just and fair as possible. Liberty under law is the
+privilege of doing everything one wishes to do, except in so far as his
+acts may interfere in some way with like privileges of those who are about
+him in society.
+
+Therefore always keep in mind that the great achievement of those who
+founded America was the establishment of a Nation where liberty would have
+a home. Of course liberty could not be fully established in this country
+until the Nation was fully established, until the Constitution was
+adopted, until laws were enacted; but from the adoption of the
+Constitution to the present time the people have enacted laws from time to
+time, and still enact laws, the better to protect every man in his liberty
+and to enlarge his opportunities in life.
+
+Now in order to understand clearly how the liberties of the people are
+protected through our government, we must understand the nature and form
+of our government; and this subject we must take up at our next meeting.
+
+ELEMENTARY QUESTIONS
+
+1. What is your idea of the right to “life”? Does it mean that no one
+shall ever be sentenced to death for murder?
+
+2. What is your idea of the right to “property”? Does this mean that
+everyone shall be wealthy? Does it mean that everyone shall own his own
+home?
+
+3. What is your idea of the right to “pursuit of happiness”? Does this
+mean that everyone can do as he pleases?
+
+4. Why does the judge say that liberty is the most valuable thing in the
+world? What would you trade for it?
+
+5. Note the dangers to liberty that the judge points out. What are they?
+
+6. Give an illustration of each of these dangers.
+
+7. How may we protect ourselves against these dangers?
+
+8. Where does this liberty that we enjoy come from? Who grants it?
+
+ADVANCED QUESTIONS
+
+A. In what particular ways does the Constitution of the United States
+guarantee liberty?
+
+B. What forms of government existed before the United States? What
+liberties did the people of Russia, or France, or England enjoy in 1600?
+
+C. Who really possesses the power of government in the United States?
+
+D. How is the liberty of the individual protected in the United States?
+
+E. In what ways were the people of Massachusetts in 1650 not as free as we
+are to-day?
+
+F. What does it mean when we say “all men are created equal”?
+
+G. Discuss the real meaning of the right to “Life, Liberty and the pursuit
+of Happiness”.
+
+H. Write a paper on:
+
+
+    Ways in Which We Have an Equal Chance
+
+    How We Can Make Chances Still More Equal
+
+    “I hope to see the time when every American citizen will have an
+    unfettered start and an equal chance in the race of life.”—Abraham
+    Lincoln
+
+    The Meaning of Liberty
+
+    A Week in a Land Where There Is No Liberty
+
+
+
+
+
+IV. AMERICA—A DEMOCRACY
+
+
+ The Spirit Of Democracy Developed Under The Constitution Of Our Country
+
+
+It is not sufficient that we shall know what government is and where it
+is. We must also understand its nature. It is the proud boast of America
+that it is a democracy, the first real democracy in the world. Now what is
+meant by a democracy? We hear much about democracy, and we hear much about
+republicanism, and many people when they hear or see these terms think
+that it has to do with the Democratic or Republican political party. We
+must not be confused. We must see and think clearly. Democracy and
+republicanism, as we use the terms in these talks, have no reference to
+any political party, but relate solely to the form of government under
+which we live.
+
+America is a democracy. It is also a republic, as we shall see in our next
+talk. It is very important that we shall understand why it is a democracy,
+and why it is also a republic, and the distinction between the two.
+
+It has been well said that republicanism in government “refers rather to
+the form of government”, and that democracy refers to the “spirit of
+government”. In government as with the people the spirit is the real,
+important thing. In a democracy the people govern. “A government of the
+people, by the people, and for the people”, as Lincoln expressed it, is a
+democracy. In a democracy no man is the master of another man without his
+consent. In a democracy there are no slaves. In a democracy each and all
+have equal rights. Every one in a democracy has an equal opportunity with
+every other person.(16)
+
+You have already learned that in this country the people make the laws. In
+the making of laws the banker and the man who digs in the sewer have the
+same power. Each has one vote on election day, and no more. America has no
+rulers except the people. In a democracy the spirit of all should be one
+of toleration and kindness. All of us cannot have things just as we want
+them in this world. Men do not all agree, so we must let the majority of
+the people rule. But the majority should not have any feeling of
+superiority. The majority should be inspired by a sense of justice and
+charity toward their fellowmen. In fact a democracy is a brotherhood in
+which each person should think, not only of himself, but of his neighbor.
+In this democracy the more we think of the rights of our neighbor and the
+more we think of our duty toward our neighbor, the better will our
+government be.
+
+In a democracy we live in the belief that all men are created equal, that
+all through life they are equal in their rights, in their duties, and in
+their privileges. I do not mean of course that all men are equal in
+physical strength, because you who run and wrestle every day know that
+some are stronger than others. I do not mean that all are equal in the
+powers of the mind, because some of us here this morning, even some who
+study hard, know that other pupils get higher marks in every examination.
+Nor do I mean that all are equal in wealth, in health, or in comforts.
+
+What I mean is, that so far as life and liberty are concerned, in our
+rights under the law, in our protection under the law, we are all equal.
+
+In a democracy the people make the laws, and the people enforce the laws.
+As we shall hereafter see, every man who takes part in making a law, and
+every one who aids in enforcing the law is selected by the people. But the
+great thing about a democracy is the spirit of the people—the feeling of
+the people toward each other. Pride of wealth, position, race, or creed
+has no place in a democracy. Every person should feel sympathy and charity
+for his neighbor, and for his neighbor’s problems in life.
+
+We should all be willing to help those who may be less fortunate. We
+should all endeavor to make our neighbor’s life as easy as possible.
+
+A democracy cannot be a government by groups: it must be a government by
+every one.
+
+Now I do not mean to say that we in this country all have the proper
+feeling toward our neighbor. We are not all good citizens of a democracy.
+Many people have pride, selfishness, and hate. Many people do not seem to
+care how the rest of the world lives. Such people are not worthy to have
+the privileges of living in a democracy. Many people are also ignorant in
+matters of government. They do not seem to care what kind of a government
+we have. In fact many people will not vote on election day. It is because
+of pride, selfishness, hate, ignorance, and indifference that I am here
+talking to you to-day. This is a wonderful government, but it can be made
+much better, with more freedom and more justice, if the people will only
+learn more about their power and their duty, especially if they will only
+cultivate the right spirit—the spirit of America, the spirit of justice,
+humility, kindness, and charity.
+
+“Love thy neighbor as thyself” is not only a Christian duty, but it is the
+foundation of social life in a democracy. You will find when you become
+acquainted with life that success in life does not depend upon money,
+clothes, nor social position, but that in this American democracy real
+merit wins. More and more are we learning every day that true happiness
+comes only from service, service to humanity, service to our country, and
+this spirit of service must be developed in childhood, and expand as we
+grow to manhood and womanhood.
+
+That was a nice thing you did the other day, here in this school, when you
+put your pennies and your nickels together, bought a ton of coal, and sent
+it to the widowed mother of one of your schoolmates who had been sick for
+several weeks. He is just a poor Polish boy; but when in health he ran
+errands before and after school. This helped to support his mother and his
+little sister. I am sure that he thinks of you every day; and that he
+often thanks God that his father, who died last winter, had the courage to
+leave the old home in Poland and come to America where there is a chance
+for the poorest and the most obscure.
+
+I told you a while ago that this is the first real democracy in the world.
+So few people stop to think about this. The world is thousands of years
+old. Humanity in all these thousands of years has been made up of men,
+women, and children just like us. They hoped for, and dreamed of freedom,
+but until America became a Nation no government in the world had ever been
+a real government by the people. They had always been ruled by a king, a
+queen, an emperor, by some other ruler, by a small group of men who were
+rulers, or by a certain class. Your father may be a blacksmith, or a
+street sweeper, but on election day he can vote. Up to the organization of
+this government no such right existed anywhere in the world. In some
+countries, a few men who owned a certain amount of property could vote;
+but the wise men of the world sneered at the American plan to give every
+man the right to vote whether he owned a dollar’s worth of property or
+not.
+
+Always remember this, too, that even when America became a Nation, the
+right of all the people to vote was not granted at once. Many of our
+States for many years required that a voter must have a certain amount of
+property. Finally this was all wiped away. America has been a growth, each
+generation doing a little more to expand the power of the people, and this
+growth, this expansion must continue. We are still a young Nation and we
+all have much to do to aid in making this democracy a better place in
+which to live.
+
+When you hear of other democracies now existing in the world, remember
+that America has been their guide and inspiration. Men came from France to
+help fight our revolution, and carried back with them the spirit of
+America. In time democracy was established in France. So with all the
+countries in the world which to-day have a greater or less degree of
+democracy, to them all, America has been a beacon light, a source of
+courage and of inspiration. Did any of you ever see the great Statue of
+Liberty at the entrance to the New York harbor? If you did, you saw that
+grand figure looking out to the east over the great expanse of water,
+holding aloft the great torch which in the darkness of the night is aglow
+with light, the great flaming torch, which is emblematic of America
+enlightening the world.
+
+ELEMENTARY QUESTIONS
+
+1. Which was the first real democracy to be established in the world?
+
+2. What is a democracy? What is the difference between “democracy” and a
+“Democrat”?
+
+3. Who governs in a democracy?
+
+4. In a democracy, who makes the laws?
+
+5. How is power in government expressed in a democracy? In America, does
+one man have more power than another?
+
+6. How many times can a person vote on election day?
+
+7. Suppose Congress or the legislature in our State passes a law that we
+do not like. Do we have to obey it? What can we do about it? How can we
+secure a change in the law?
+
+ADVANCED QUESTIONS
+
+A. What does “government of the people, by the people, and for the people”
+mean?
+
+B. What is the proper spirit of people who live in a democracy?
+
+C. What is meant by “the majority of the people rule”?
+
+D. What would happen if the minority should rule? Lincoln said that this
+meant anarchy. Why?
+
+E. Does the minority have any rights? Should the majority pay any
+attention to them? Why or why not?
+
+F. Who enforces laws in a democracy?
+
+G. Why is it said that the best way to get rid of a bad law is rigidly to
+enforce it?
+
+H. What is the result of not casting your ballot on election day?
+
+I. It is a fact that from election to election there is an increasing
+percentage of the qualified voters who do not vote. What is the danger of
+this? What is it likely to lead to?
+
+J. Write a paper on:
+
+
+    The Meaning of Democracy
+
+    The Danger of Not Voting
+
+    Why It Is Right that Women Should Vote
+
+    Why We Fought to Make the World Safe for Democracy
+
+
+
+
+
+V. AMERICA—A REPUBLIC
+
+
+        A Representative Form Of Government Under The Constitution
+
+
+As I stated to you in our last discourse, America is a democracy, but it
+is also a republic. It is a democracy in its spirit and the power of its
+people, but in the mode of exercise of the power of the people it is a
+republic. We often hear America referred to as a “representative
+democracy”. If America were merely a democracy there would be no fixed
+method for expressing the wishes or the power of the people. In a pure
+democracy, people having full power would naturally assemble from time to
+time to decide by the vote of all those present what should be done for
+the public good.
+
+You will hear of the “town meeting” which even to-day in some parts of New
+England is held from time to time, where the people assemble, and by vote
+decide matters of public concern.
+
+But this is now a Nation of more than one hundred and five million people.
+We have forty-eight States, many of them very populous. When the
+Constitution was adopted, there were only about 3,900,000 people in all
+the States; but those who framed the Constitution looked into the future
+and could see something of the wonderful growth of the Nation which they
+were planning. Of course it is easy for anyone to see that in a large
+country like this, with a large population or a population as large as it
+was at the time when the Constitution was adopted, it would be impossible
+for all the people to assemble in a meeting to vote directly upon the
+passage of necessary laws, or to provide for taxation, or to conduct the
+general business of the State or the Nation. You can see how absolutely
+impossible it would be in these days to have the people of the United
+States assemble at the National capital to vote on any law, or to make any
+appropriation, or to provide rules for exercise of governmental power.
+
+Therefore you can readily see that the founders of this country very
+wisely realized that the only government possible would be what is known
+as a representative government, a democracy where the people would have
+all the power, but a republic wherein the people would express that power,
+not directly, but through representatives or agents chosen by them.(17)
+
+The government of the United States and that of each of the States is
+sub-divided into three parts: the executive, represented by the President
+or the Governor, the legislative, represented by Congress or the
+legislature, and the judicial, represented by the courts.
+
+Now the President and the members of Congress, including the Senate, and
+the judges of the courts are all merely representatives of the people
+chosen by the people to carry out the will of the people. The position and
+powers of all of these representatives of the people are fixed and defined
+by laws enacted by the people.
+
+As we shall hereafter find, the first law of the Nation, the foundation of
+all laws of the Nation, is the Constitution of the United States, which in
+the long ago was adopted by the people of thirteen small States.
+
+Our form of government therefore is representative. That is to say, the
+people choose their representatives to do the business of the country for
+the people. Laws are voted for directly by members of Congress and the
+Senate of the United States, or members of the legislatures of the States;
+but these members of Congress, Senators, and legislators are selected by
+the people, and in voting for laws they are expressing the will of the
+people who voted for them. They are elected for a short term of years, so
+that in case any one of them should not, in his vote upon any law, carry
+out the wishes of the people who elected him, they may at the next
+election select someone else in his place who will better represent
+them.(18)
+
+The important thing to bear in mind in relation to this government
+organization, with all the officers now necessary to do the business of
+the people of this great country, is that these officers—executive,
+legislative, and judicial—are not the government; the government rests
+with the people, and these officers are merely servants of the people,
+subject to the will of the people.
+
+It has been well said that government in a democracy is organized public
+opinion. Public officers, representatives of the people, have only the
+power which the people give to them. In many of the States of this
+country, in the enactment of laws, the people by law make provision by
+which the people themselves have the power to reject laws enacted by their
+representatives of which they do not approve. Under the “initiative” and
+“referendum” in some States, the people retain the power to direct their
+legislature to enact certain laws. Also laws made by the legislature may
+be voted upon by the people for final approval, if desired.(19)
+
+The important thing first to be learned is that in this democracy the
+government is in form a republic, because the laws are enacted and
+enforced, not by the direct vote of the people, but by the representatives
+elected by the people.
+
+The power of the people always continues. A law may be passed by one
+legislature, or one session of Congress, and may be repealed the next. Any
+law upon the statute books may be changed from time to time, in response
+to the changing sentiment of the people.
+
+We are inclined to consider the term “representative government” as
+relating particularly to the enactment of laws, but this is a
+representative government not only in the making of laws, but also in the
+enforcement of laws. I want you to realize early in life that every
+citizen has a responsibility for enforcing laws as well as for making
+laws, and that for any failure or omission in the making of laws, or in
+the enforcement of laws, the people must bear the responsibility.
+
+ELEMENTARY QUESTIONS
+
+1. In what respect is America a republic?
+
+2. What is the difference between a republic and a Republican?
+
+3. What was the population of America when the Constitution was adopted?
+
+4. Why was it impossible to have all the people assemble to adopt laws?
+
+5. What is meant by a representative of the people?
+
+6. Suppose a representative does not represent the people as they wish.
+What can they do about it? Give illustrations.
+
+7. Into what parts is the government of the United States divided?
+
+8. How are the powers and duties of representatives of the people defined?
+Why does the judge say that the people really have the power and that this
+power continues?
+
+ADVANCED QUESTIONS
+
+A. What is the fundamental law of the United States? Why is it
+fundamental?
+
+B. How can we say that the people have power in lawmaking, when we know
+that the representatives make the laws?
+
+C. How can we influence the votes of our representatives?
+
+D. If you know that your representative is likely to vote against your own
+wishes, what can you do about it?
+
+E. How soon may a law be changed after it has been passed?
+
+F. What is meant by “initiative, referendum, and recall”? How have they
+worked out in practice?
+
+G. Write a paper on the following:
+
+
+    The Difference between a Democracy and a Republic
+
+    How the Public Can Make Their Representatives Represent Them
+
+    Why America Could Not Do Without Representatives
+
+    The New England Town Meeting
+
+
+
+
+
+VI. LAW
+
+
+     Necessity For Rules Of Human Conduct For Guidance And Restraint
+
+
+This morning I wish to talk with you about one of the most important
+subjects in the world, the law; and strange to say, most people know very
+little about it.
+
+Indeed I find that the average person feels that he does not need any
+knowledge of the law, that the law is for lawyers, judges, and courts.
+
+Now the truth is, that there is scarcely any activity in life in which the
+law does not play an important part. This is true from childhood to old
+age, in every calling and every occupation in life.(20) The law is not
+intended for any one class of people, but it applies to all classes of
+people, the rich and the poor, the wise and the ignorant. It also applies
+to all ages, to men, women, and children.
+
+_What is the law_, or what is a law?(21) There is nothing difficult about
+it. A law is merely a rule of human conduct, a rule of conduct for human
+beings which is enforced by the Nation, the State, or the city. There are
+other rules of human conduct enforced by the parents, teachers, or
+employers—those who have authority over others, those whose duty it is to
+direct the conduct of others.
+
+Every boy knows that in his home his parents have certain rules, not
+written or printed, but stated by his father or mother with relation to
+his conduct about the home, about his school, or about his play time or
+vacation, when he must go to bed, when he must arise, and with whom he may
+associate, that he must not go in swimming unless accompanied by his
+father, that he shall not go to the movies without the consent of his
+mother, that he must attend Sunday school regularly, that he must not eat
+with his knife, that he must be courteous to all persons, especially the
+aged, that he must not play ball in the street, and a large number of
+other rules and directions, all intended for the good of the boy.
+
+Then in school you find certain rules of conduct made by the Board of
+Education or other officers, or adopted by the teacher.
+
+If a boy works in a store, he finds that his employer has certain rules:
+the time when the store shall be opened and closed; that the boy shall
+sweep the floor at certain hours; that he may go to lunch at a certain
+time; that he shall not permit other boys to pass behind the counters,
+etc. All of these are illustrations of rules of conduct for children, or
+those under the control, authority, or direction of some older person.
+
+But older persons, the parents, the school officers, the teachers, the
+storekeepers, and those of all other occupations are likewise subject to
+rules, are under control and direction of the Nation, the State, and the
+city, all having power to enforce rules of conduct, called laws, which
+apply to the old and the young. Without such rules, such laws, it would be
+impossible to maintain peace and order. Without such rules, called laws,
+it would be impossible to protect the weak against the strong and the
+wicked.
+
+This government being organized for the purpose of protecting the rights
+and liberties of the people, it is necessary that laws be enacted in order
+that our rights and liberties shall not be taken away from us by those who
+may be stronger or wiser than we are. Many laws prohibit wrongful acts and
+provide a punishment for those who commit such wrongful acts. Thus one who
+strikes you without justification, one who steals your bicycle, or any
+other property, one who breaks into your home, or into the store, a
+burglar, is punished. One who kills another human being, a murderer, is
+punished. A person who willfully sets fire to a building, or is guilty of
+cruelty to animals, malicious mischief, or sells liquor is punished.(22)
+So there are scores of different offenses forbidden by the law, and
+punishments fixed for those who will not obey.
+
+There are also laws requiring that one shall ride or drive on the right
+hand side of the street when passing another coming from the opposite
+direction.
+
+There is generally in every city a law which punishes a person who rides
+his bicycle upon the sidewalk. There are laws regulating the speed of
+automobiles, the lights and signals, and the turning at the corners of the
+street, so that other people either walking, or riding on bicycles, or in
+automobiles or other vehicles, may not receive injury.(23)
+
+You know in this country, where every person is equal before the law, no
+one person has any more right in the street than his neighbor has, and the
+conduct of each in the use of streets and sidewalks and other public
+places must be such that all may enjoy equal opportunities in the use
+thereof.(24)
+
+Freedom, as already explained, does not mean a right to do everything we
+wish to do. Freedom is the right to do whatever we may wish to do,
+provided it does not interfere with the right of our neighbors to have the
+same privileges which we claim for ourselves.
+
+Therefore, it is absolutely necessary to have laws fixing the conduct of
+all persons; and it is necessary, in order to enforce these laws, to
+punish those who will not obey them.
+
+_Who makes these laws?_ In America the laws are made by the people
+themselves; that is, they elect representatives to serve in Congress, in
+the legislatures of the States, and in the councils of the city, who make
+the laws for the people according to the wishes of the people. This you
+will understand more fully as you study this representative form of
+government we have in this country.
+
+The people have the right to change any law now in existence, and may also
+make such new laws as they think will better protect the people in their
+rights.(25)
+
+_Who enforces these laws_, these rules of conduct? The rules of the home
+are enforced by the parents. If you violate the rules of your parents,
+they impose a punishment upon you. This punishment may not be severe, in
+fact it should not be, unless your disobedience is continued and stubborn.
+
+If you violate the rules of school, the teacher or other school officers
+have the right to punish; and if you violate the rules of your employer,
+he has the right to admonish you, and of course if you do not obey, he
+will discharge you and you will lose your place.
+
+Now the rules of conduct, the laws of the Nation, the State, or the city
+are enforced in this country by the people, through their government,
+through the courts, presided over by judges whom the people themselves
+select for that purpose. Sometimes the punishment is severe, sometimes
+mild. It all depends upon the character of the person who disobeys the
+law, and whether the disobedience is stubborn or willful. Penalties are
+imposed, not only to punish the wrongdoer, but as a warning to others,
+that if they disobey the law, they too will be punished.
+
+In this country all laws imposing punishment for offenses are printed so
+that every one may know what the law is; but it is not necessary that one
+should study each separate law, because as a rule, your conscience will be
+your guide against wrong doing. There are not many acts punished by the
+State or Nation which are not morally wrong. The person whose heart is
+right knows good from evil; and the person who really tries to do right
+will seldom be guilty of violating any law.
+
+I do not expect you to learn all about the different laws. This is not
+necessary. But I do expect you to understand enough about the law to
+realize that we are all subject to authority; that laws are enacted by the
+authority of the people; that laws are absolutely necessary, and that
+without laws we should have no liberty. Above all, I want you to learn
+that in this country the people make the laws, and I want you to feel
+absolute confidence in the power of the people to make and enforce laws.
+
+I hope that you will acquire a spirit of confidence and faith in the
+justice of the law, and learn that submission to the law is absolutely
+essential in a government of the people and by the people.(26)
+
+But there are many laws, many rules of conduct, besides those defining
+crimes, offenses, and the punishment of wrongdoers.
+
+I want to talk to you briefly about some of the laws which affect our
+conduct in every day life, in matters not criminal. I want to impress upon
+you how far reaching the law is as affecting every human being in his
+daily conduct.(27)
+
+Suppose one of the girls here goes to the store to buy a piece of cloth.
+How does she tell the merchant how much cloth she wants? She, without
+doubt, will say that she wants one yard, or two yards, or three yards,
+according to her needs. Now how much is a yard? Of course you all know
+that a yard is three feet. I suppose you all know that a yard is the same
+length in every city in the United States. We go into the store and ask
+for a yard of cloth in any city in the country, with absolute confidence
+that we will get for each yard, three feet in length. But how do we know
+we will get three feet in length for each yard? How do we know what we
+will get when we ask for a pound of coffee, or for a ton of coal, or for a
+quart of milk?
+
+These weights and measures are nearly all fixed by law. When you come to
+read the Constitution of the United States, you will find that there is
+conferred upon the United States government the power to “_fix the
+standard of Weights and Measures_”.(28)
+
+The Constitution is the fundamental law of the land. This confers upon the
+United States government the right to fix all standards of measurements
+and all weights and measures of every kind. The United States government
+has this power. It is not required to exercise the power, but it has the
+power.
+
+The United States government has a National Bureau of Standards,(29) which
+supervises weights and measurements, which coöperates with the States, and
+maintains uniformity, so that in every State, with reference to most
+things bought and sold, the law fixes definitely the quantity or
+dimensions. Without such laws you can see what a mass of confusion the
+people would be in at all times.
+
+Severe penalties are imposed by law upon those who give short measure, or
+short weight,(30) in order to protect buyers against those who might
+defraud them.
+
+So you see how necessary law is to the simple transactions of life, and
+how we are constantly relying upon the law in our daily transactions, to
+protect us against wrongdoers.
+
+Then again, how do you know how much the silver dollar which you are
+saving for Christmas is really worth? How do you know that one dollar is
+as valuable as another dollar? How do you know that the paper dollar which
+is in circulation is as valuable as the silver dollar? Well, here again
+when you read the Constitution of the United States, you will find that
+the people, when they adopted the Constitution, gave to the Congress of
+the United States the power:
+
+“_To coin Money, regulate the Value thereof, and of foreign Coin_”.(31)
+
+Congress, with this power, has enacted numerous laws with reference to the
+coinage of silver and gold money, the printing of paper money, and fixing
+the value of such money. How helpless the people would be without such
+laws.
+
+Then how do you know that the dollar you received in change at the grocery
+store is a real dollar? There are many counterfeit dollars made by
+wrongdoers, by criminals who seek to profit by manufacturing money
+themselves, sometimes so much like the genuine, that it is almost
+impossible to detect the difference. There are counterfeit bills, and
+counterfeit coin, which I dare say could not be distinguished from the
+genuine by any person in this room. But there are laws enacted by Congress
+providing very severe punishment for any person who makes, passes, or
+attempts to pass, any counterfeit coin. For instance, if one shall make,
+or pass, or attempt to pass counterfeit gold or silver coin, he may be
+punished by five years imprisonment in the penitentiary.(32) Even for
+making, or passing, or attempting to pass a one cent, two cent, three
+cent, or five cent piece, a person may be imprisoned for five years. Any
+one who makes a die or mold designed for the coining, or making of
+counterfeit coins may be punished by imprisonment in the penitentiary for
+ten years.
+
+These are severe penalties. Liberty is dear, and yet you can see how
+absolutely necessary it is to have these severe penalties in order to
+protect you, your father and mother, and all other persons from being
+defrauded and wronged by the use of counterfeit money which is worthless,
+but which most people cannot distinguish from the genuine.
+
+I suppose you watched for the letter carrier this morning. Perhaps you
+were expecting a letter from a friend or relative. The letter carrier came
+to your door. You did not have to walk to the post office. Perhaps your
+friend lives one thousand miles away. How is it possible for you to
+receive a letter in perhaps a couple of days from that far distant point?
+Did you ever stop to think about it? Of course you say, “Well it came
+through the post office”. Yes, but the postoffice is only a part of the
+great postal system of this country, which carries your letters from one
+end of the land to another for the small amount of two cents; and we have
+wonderful confidence in this postal service. We carelessly drop into the
+mail box most important letters, often most sacred, but we have no doubt
+that the letter will reach its destination safely.(33)
+
+How is it all possible? Well, again, in reading the Constitution you will
+find that the people gave to Congress the power:
+
+“_To establish Post Offices and Post roads._”(34)
+
+This power has been exercised by the enactment of many laws by Congress
+providing for post offices, letter carriers, postal clerks, railway mail
+service, rural routes, and many laws severely punishing any one in the
+postal service who willfully fails to perform his duties.
+
+Persons engaged in the postal service may be sent to the penitentiary for
+stealing money from the mails, stealing a letter from the mails, for any
+act of dishonesty, or failure of prescribed duty. How could the great
+postal service of this country be maintained without such laws? How would
+the people have the blessing of a great service of this kind without the
+most carefully prepared laws made to protect the people?
+
+So I might go on giving numerous other illustrations of the laws enacted
+by the people through their representatives, for the benefit of the people
+themselves, for their comfort, their convenience, and their protection
+against wrongdoers, who might deprive them of their property, or of things
+still more sacred than property.
+
+I have only used these illustrations to impress upon you the great truth
+that there is hardly any relation in life in which the law does not have
+an important part. We should realize early in life that law is absolutely
+necessary to guide human conduct, to restrain wrongful conduct, to punish
+wrong doing, and thus to aid in protecting us in our right to life,
+liberty, and property.
+
+These laws are not the judges’ laws, nor the lawyers’ laws; they are the
+laws of the people, made for their benefit, worthy of our most earnest
+support, calling upon us for loyal obedience, demanding our respect, and
+inspiring our confidence.
+
+ELEMENTARY QUESTIONS.
+
+1. What is a law?
+
+2. By whom is a law enforced?
+
+3. Name an activity in life that the law has nothing to do with.
+
+4. Make a list of some of the laws that your father and mother make in
+your home.
+
+5. Make a list of some of the rules of conduct found in school.
+
+6. Go to a store in your town. Are there rules of conduct for the clerks?
+What are they?
+
+7. Who makes the rules in a home? In a school? In business institutions?
+
+8. Upon which side of the street must a person drive? Why?
+
+9. Who fixes the rules of measurement and weight?
+
+10. Suppose that you buy a ton of coal and find later on that you only
+received 1500 pounds. Could you do anything about it? Why should the coal
+dealer be punished?
+
+11. What would it be like if we had no laws at all?
+
+ADVANCED QUESTIONS
+
+A. In imposing punishment upon a wrongdoer, what elements does the judge
+consider in fixing the amount of fine or the length of punishment?
+
+B. Why do we have our laws printed? What would be the dangers of having
+secret laws concerning the nature and existence of which the people could
+not obtain information?
+
+C. What is the distinction between a rule of conduct in the home and a law
+of the land?
+
+D. List a number of laws and penalties in addition to those cited by the
+judge.
+
+E. Why cannot one have liberty without law?
+
+F. Why are people punished when they break the law?
+
+G. Is it ever right to break the law?
+
+H. Write a paper on the following:
+
+
+    Why Breaking the Postal Laws Deserves Severe Punishment
+
+    Liberty Under the Law
+
+    The Danger of Counterfeit Money
+
+    Laws that Should Be Passed
+
+    How to Have a Law Passed
+
+
+
+
+
+VII. THE CONSTITUTION
+
+
+   Personal Guaranties Grouped Under The Title "The Short Constitution"
+
+
+We now take up the subject of the Constitution of the United States. It is
+important because it is the foundation of the rights and liberties of all
+Americans. It relates to the rights and liberties of everyone in this
+room. It is our great charter.
+
+Gladstone, the great English statesman, once said, “It is the greatest
+work ever struck off at any one time by the mind and purpose of man.”(35)
+It is quite a long document. I want every one of us to read it carefully
+and study it thoroughly.
+
+The larger part of the Constitution consists of provisions telling of the
+qualifications and manner of election of the President, Senators, and
+congressmen, the powers and duties of the various parts of our government,
+procedure of government, and the relations of the Nation and the States.
+These are important.
+
+But more important still are the ways in which the Constitution guarantees
+the rights, liberties, and privileges of all men, women, and children who
+live under the American flag. These guaranties are numerous, but they are
+briefly stated. Any of us can understand them if we but read them
+carefully and catch their meaning. It ought not to be difficult to cause a
+person to study the things which relate to himself, to the most important
+things in his own life. Liberty we prize most dearly. Everyone of these
+guaranties in the Constitution is intended to guard and protect the
+freedom and liberty which you and I enjoy.(36)
+
+To make our task more simple, I have selected from the Constitution those
+sections which deal with our privileges as American citizens. You can see
+them in the copy of the Constitution which you have. (See page 217.) I
+have grouped these together and for convenience I shall call it “The Short
+Constitution”. As you can see, there is nothing in it that is not in the
+original Constitution. It is just as if I had taken a pair of shears, cut
+out these phrases from the Constitution, and pasted them together. It
+makes it more convenient for us.
+
+Take this “Short Constitution” home with you. Bring it with you when you
+come to school. Talk with your father and mother about it. It may be that
+sometime a knowledge of these rights that every American citizen now has
+may save to you your home, your freedom, or your life.
+
+Now I am going to read this:
+
+THE SHORT CONSTITUTION
+
+
+    Article I (_Amendment I._)
+
+    Congress shall make no law respecting an establishment of
+    religion, or prohibiting the free exercise thereof; or abridging
+    the freedom of speech, or of the press; or the right of the people
+    peaceably to assemble, and to petition the Government for a
+    redress of grievances.(37)
+
+    Article II (_Amendment II._)
+
+    A well regulated Militia, being necessary to the security of a
+    free State, the right of the people to keep and bear Arms, shall
+    not be infringed.
+
+    Article III (_Amendment III._)
+
+    No Soldier shall, in time of peace, be quartered in any house,
+    without the consent of the Owner, nor in time of war, but in a
+    manner to be prescribed by law.
+
+    Article IV (_Amendment IV._)
+
+    The right of the people to be secure in their persons, houses,
+    papers, and effects, against unreasonable searches and seizures,
+    shall not be violated, and no Warrants shall issue, but upon
+    probable cause, supported by Oath or affirmation, and particularly
+    describing the place to be searched, and the persons or things to
+    be seized.
+
+    Article V (_Amendment V._)
+
+    No person shall be held to answer for a capital, or otherwise
+    infamous crime, unless on a presentment or indictment of a Grand
+    Jury, except in cases arising in the land or naval forces, or in
+    the Militia, when in actual service in time of War or public
+    danger; nor shall any person be subject for the same offence to be
+    twice put in jeopardy of life or limb; nor shall be compelled in
+    any criminal case to be a witness against himself, nor be deprived
+    of life, liberty, or property, without due process of law; nor
+    shall private property be taken for public use, without just
+    compensation.
+
+    Article VI (_Amendment VI._)
+
+    In all criminal prosecutions, the accused shall enjoy the right to
+    a speedy and public trial, by an impartial jury of the State and
+    district wherein the crime shall have been committed, which
+    district shall have been previously ascertained by law, and to be
+    informed of the nature and cause of the accusation; to be
+    confronted with the witnesses against him; to have compulsory
+    process for obtaining witnesses in his favor, and to have the
+    Assistance of Counsel for his defence.
+
+    Article VII (_Amendment VII._)
+
+    In suits at common law, where the value in controversy shall
+    exceed twenty dollars, the right of trial by jury shall be
+    preserved, and no fact tried by a jury shall be otherwise
+    re-examined in any Court of the United States, than according to
+    the rules of the common law.
+
+    Article VIII (_Amendment VIII._)
+
+    Excessive bail shall not be required, nor excessive fines imposed,
+    nor cruel and unusual punishments inflicted.
+
+    Article IX (_Amendment IX._)
+
+    The enumeration in the Constitution, of certain rights, shall not
+    be construed to deny or disparage others retained by the people.
+
+    Article X (_Amendment X._)
+
+    The powers not delegated to the United States by the Constitution,
+    nor prohibited by it to the States, are reserved to the States
+    respectively, or to the people.(38)
+
+    Article XI (_Amendment XIII, Sec. 1._)
+
+    Neither slavery nor involuntary servitude, except as a punishment
+    for crime whereof the party shall have been duly convicted, shall
+    exist within the United States, or any place subject to their
+    jurisdiction.
+
+    Article XII (_Amendment XIV, Sec. 1._)
+
+    All persons born or naturalized in the United States, and subject
+    to the jurisdiction thereof, are citizens of the United States and
+    of the State wherein they reside. No State shall make or enforce
+    any law which shall abridge the privileges or immunities of
+    citizens of the United States; nor shall any State deprive any
+    person of life, liberty, or property, without due process of law;
+    nor deny to any person within its jurisdiction the equal
+    protection of the laws.
+
+    Article XIII (_Amendment XV, Sec. 1._)
+
+    The right of citizens of the United States to vote shall not be
+    denied or abridged by the United States, or by any State on
+    account of race, color, or previous condition of servitude.
+
+    Article XIV (_Art. I, Sec. 9, Cl. 2._)
+
+    The Privilege of the Writ of Habeas Corpus shall not be suspended,
+    unless when in Cases of Rebellion or Invasion, the public Safety
+    may require it.
+
+    Article XV (_Art. I, Sec. 9, Cl. 3._)
+
+    No Bill of Attainder or ex post facto law shall be passed.
+
+    Article XVI (_Art. I, Sec. 9, Cl. 8._)
+
+    No Title of Nobility shall be granted by the United States: And no
+    Person holding any Office of Profit or Trust under them, shall,
+    without the Consent of the Congress, accept of any present,
+    Emolument, Office or Title of any kind whatever, from any King,
+    Prince, or foreign State.
+
+    Article XVII (_Art. III, Sec. 2, Cl. 3._)
+
+    The trial of all Crimes except in Cases of Impeachment, shall be
+    by Jury, and such Trial shall be held in the State where the said
+    Crimes shall have been committed; but when not committed within
+    any State, the Trial shall be at such Place or Places as the
+    Congress may by Law have directed.
+
+    Article XVIII (_Art. III, Sec. 3, Cl. 1._)
+
+    Treason against the United States, shall consist only in levying
+    War against them, or in adhering to their Enemies, giving them Aid
+    and Comfort. No person shall be convicted of Treason unless on the
+    Testimony of two witnesses to the same overt Act or on Confession
+    in open Court.
+
+    The Congress shall have power to declare the Punishment of
+    Treason, but no Attainder of Treason shall work Corruption of
+    Blood, or Forfeiture except during the Life of the Person
+    attainted.
+
+    Article XIX (_Art. IV, Sec. 2, Cl. 1._)
+
+    The Citizens of each State shall be entitled to all Privileges and
+    Immunities of Citizens in the several States.
+
+    Article XX (_Art. VI, Cl. 3._)
+
+    No religious Test shall ever be required as a Qualification to any
+    Office or public Trust under the United States.
+
+
+Now that is not long, is it? Yet in this brief part of the Constitution
+are contained provisions the most important for the common people ever
+written by the hand of man in all the history of the world. In some
+countries of the world people have some of the rights and privileges
+guaranteed by our Constitution, but in no other country in the world do
+the people have a written guaranty of all the rights, privileges, and
+liberties set forth in these short extracts from the Constitution of the
+United States.
+
+I want you all to get fixed in your minds the date of the adoption of the
+original Constitution by the convention—1787.(39) That was more than a
+century and a quarter ago.
+
+I want every child to understand just why the Constitution was made, how
+it was made, something of the men that made it, and how the people of the
+States approved of the Constitution before it became binding.
+
+I also want you to understand something of the changes and additions made
+by the people since the Constitution was first adopted. I want you to
+understand that it is the Constitution of the people, the whole people,
+and I want you to know that the people can change the Constitution or make
+additions to it whenever they want to.(40)
+
+So at our next meeting I am going to tell you something of the making of
+the Constitution.
+
+ELEMENTARY QUESTIONS
+
+1. Compare “The Short Constitution” on pages 56-60 with the complete
+Constitution found at the back of the book.
+
+2. Why were these parts selected from the entire Constitution? Is there
+any similarity in the various parts selected?
+
+3. What are the most important provisions of the Constitution of the
+United States?
+
+4. Do the guaranties of the Constitution protect the rights of all people
+living in America, or do they apply only to a few favored classes?
+
+5. What was the date of the adoption of the original Constitution?
+
+ADVANCED QUESTIONS
+
+A. Why are we interested in our rights?
+
+B. What are the dangers of talking too much about our rights?
+
+C. Make a list of a duty to correspond with each right selected.
+
+D. Write a paper on the following:
+
+
+    The Officials Provided by the Constitution
+
+    The American Bill of Rights
+
+
+
+
+
+VIII. MAKING THE CONSTITUTION
+
+
+ How The Convention Of 1787 Drafted The Constitution Of The United States
+
+
+You will remember from your study of American history that when the early
+colonists came to this country they settled along the Atlantic coast in
+many separate and distinct groups. Not all had come from the same country.
+Most of them were English, but there were also smaller settlements of
+Dutch, French, Germans, and Swedes. It was not many years until the
+English had taken control of all the land from Maine to Georgia, but even
+then not all the English were alike. There were Puritans and Cavaliers,
+Scotch and Irish, Scotch-Irish and Quakers. They differed in their ideas
+of government, religion, and education.
+
+These colonists had come for many purposes. Some had come to make their
+fortune. Others because of trouble at home. Most had come to be free, to
+worship God in the way they chose, to form their own government, to make
+their own laws, to govern themselves; and in the early days, they had met
+with success.
+
+But as time went on, as more people came, as ships were built, and trade
+and commerce increased, the government of England became more and more
+tyrannical. The English people may not have favored this, but they did not
+direct the acts of their king and his officers. Taxes were placed on the
+colonists without their consent. They were forced to accept laws not of
+their own choosing. The king refused them the right to select their own
+judges. They could not trade where they pleased. If you will read the
+Declaration of Independence you will see how their liberties were
+restricted.(41)
+
+All this time the various colonies were as separate as so many distinct
+countries. They did not know each other. There was little travel from one
+to another. They were quite different. But they were alike in the fact
+that each wanted liberty, and that each was subject to oppression from the
+English king.
+
+So from time to time we find them sending delegates to some common meeting
+place to discuss a plan of action. In 1754 a group met at Albany to
+suggest a plan of union. In 1765 England passed the Stamp Act which put a
+tax upon certain articles such as books, newspapers, and playing cards. A
+person could not sell one of these articles without pasting upon it one of
+these stamps, the money from which went to England as a tax. It was much
+like our war tax upon tooth paste, shaving soap, and playing cards. The
+difference was this. The colonists had never given the right to make this
+tax. It had been imposed upon them by England; and further, if a person
+were accused of selling a book or newspaper without this stamp, he could
+be severely punished.(42) This enraged the colonists, and in New York in
+the following year, there met a group of delegates from nearly all the
+colonies to discuss ways and means of meeting this.
+
+Again in 1774, conditions having become worse, delegates from twelve
+colonies met at Philadelphia at the First Continental Congress to consider
+the grievances against Great Britain. The Second Continental Congress
+following it carried on the first years of the Revolutionary War. It
+drafted and adopted the Declaration of Independence. It raised and
+provided for the armies, and brought the States together.
+
+But it needed a kind of constitution. So in 1777 the Articles of
+Confederation were drawn up and adopted by Congress and by 1781 all the
+States had finally adopted them. But they were inadequate. Each of the
+thirteen States wanted all the power in its own hands.(43)
+
+You cannot blame them. Picture to yourself these little settlements down
+on the Atlantic Coast. All together they did not have as many people as
+there are in the State of New Jersey to-day. They and their fathers had
+left their homes and traveled thousands of miles over stormy seas to find
+liberty. They themselves had fought a long war against England to make
+themselves free. They did not wish to give up these powers.(44)
+
+But the wiser people in the different States saw that to form a more
+perfect union it was necessary to grant the central government more
+powers, and to fix forever certain rights which every American citizen
+should enjoy throughout the years to come. So the people selected men as
+their representatives and authorized them to meet with the representatives
+from other States at Philadelphia in 1787 to draw up a plan of government
+which would be strong enough to hold the country together and govern it
+effectively.
+
+Now who were these men? They were men who were selected by their neighbors
+to represent them, just as men are elected to-day to represent us in the
+legislature of our State or in Congress. To be sure, in those days not all
+men were allowed the right to vote. In some States a man had to have a
+certain amount of money before he could vote. In others men of certain
+religious faiths were not allowed to vote. But the delegates to the
+Constitutional Convention were men who were fairly representative of all
+the people. When we consider the work that they did, that they wrote our
+Constitution, that they were able to do this at the time they did, we must
+feel that a wise Providence guided their selection and inspired them in
+their wonderful work.
+
+There in Independence Hall in Philadelphia were Benjamin Franklin and
+George Washington, James Madison and Edmund Randolph, Alexander Hamilton
+and Gouverneur Morris. Almost all the prominent men of the time took
+part.(45)
+
+They took the best that they knew of the experience of the human race in
+government, especially the experience of England and America, and from
+this they drew up the Constitution of the United States, the foundation of
+the government under which we live.(46)
+
+When they had finished their work—that part of the Constitution which
+precedes the amendments—they submitted it to the States. They were very
+careful to see to it that the people themselves should approve of this. So
+instead of having the usual legislature of each State vote upon it, they
+provided that the people of each State should elect delegates for a
+special convention, the sole purpose of which was to decide whether or not
+they would like to live under a government like this.(47) These
+conventions, elected by the people for this special purpose, met and one
+after another, often after a bitter struggle, ratified the Constitution.
+The chief objection was that the rights of all Americans were not clearly
+stated.
+
+So at the first meeting of Congress, the first ten amendments—our American
+Bill of Rights—were adopted and in 1791 they were ratified by the States.
+Since then the Constitution has been rarely amended. In 1798 and in 1804
+the eleventh and twelfth amendments regarding the courts and the election
+of the President were adopted. After the Civil War three amendments were
+adopted regarding the problem of the negro citizen. Since then we have
+added changes regarding the income tax, the election of United States
+Senators, and prohibition. The last amendment, dealing with the extension
+of the vote to women, was ratified by Tennessee as the thirty-sixth State
+on August 18, 1920.
+
+To-day then, our government is founded upon the Constitution made shortly
+after the Revolutionary War. It represents the aims and ambitions of the
+fathers of our country. They came to this land to be free. They suffered
+persecution. They threw off the yoke of the oppressor. They established a
+government of the people, by the people, for the people. The people
+selected the men who drew it up. They selected the men who amended it. Our
+task is to understand what it means, to obey it, and protect it.
+
+The lofty purpose of the fathers of the republic in establishing this, the
+first real government by the people, is expressed in these thrilling
+words:
+
+“_We the people of the United States, in Order to form a more perfect
+Union, establish Justice, insure domestic Tranquility, provide for the
+common defence, promote the general Welfare, and secure the Blessings of
+Liberty to ourselves and our Posterity, do ordain and establish this
+CONSTITUTION for the United States of America._”
+
+ELEMENTARY QUESTIONS
+
+1. Why did the early settlers come to America?
+
+2. From what countries did they come? Which countries were most important?
+
+3. Why did they become dissatisfied with English rule here?
+
+4. Why did they wish to unite? Name some of the earlier attempts at union.
+
+5. When was the Stamp Act passed? What was it supposed to do? Why did the
+colonists object?
+
+6. Why were the Articles of Confederation not satisfactory?
+
+7. What was the meeting in Philadelphia in 1787? How were the
+representatives at this meeting chosen? How did they try to see that the
+representatives at this meeting actually represented the people?
+
+8. How was the Constitution ratified by the people? In what way did they
+try to make it the actual will of the people?
+
+9. When was our Bill of Rights passed?
+
+10. What amendments have been added to the Constitution since 1791?
+
+ADVANCED QUESTIONS
+
+A. How did the makers of the Constitution guard against the abuses cited
+in the Declaration of Independence?
+
+B. How were the defects in the Articles of Confederation guarded against
+and remedied?
+
+C. What experience had the makers of the Constitution had which enabled
+them to prepare so successful a document?
+
+D. Would you say that Gladstone’s statement, “It is the greatest work ever
+struck off at any one time by the mind and purpose of man” was literally
+true?
+
+E. How did the allusions to other countries made during the convention
+show the advantage of America’s being a “melting pot”?
+
+F. What people were allowed to vote at the time of the adoption of the
+Constitution?
+
+G. What were the chief objections urged against ratification of the
+Constitution?
+
+H. Write a paper on the following:
+
+
+    Why the People Needed a Constitution
+
+    The Main Points Included
+
+    A Comparison of the Work Done Then and the Outline Made in Answers
+    to Questions J Chapter Two
+
+    George Washington
+
+    Benjamin Franklin
+
+    Alexander Hamilton
+
+    James Madison
+
+
+
+
+
+IX. FREEDOM
+
+
+  How Freedom Of Worship, Speech, The Press, And Assembly Are Guaranteed
+
+
+This morning we begin the consideration of what I believe to be the most
+important of all the subjects we have talked about. I think people are
+more interested in their privileges and rights than they are in their
+duties. In fact we hear a great deal and we read a great deal about
+“rights”, but we do not find very much said on the streets, in the homes,
+or in the newspapers about our “duties”.(48)
+
+Now we have considered in a very general way the nature of our government
+and something of our powers and duties under the Constitution. I know that
+you will be interested in considering our rights and privileges under the
+Constitution of the United States.
+
+Always keep in mind that each State has a Constitution, and that the
+Nation has a Constitution, that the Constitution of the United States
+covers the entire Nation, not only the original thirteen colonies, but the
+present forty-eight States, and that any States that may hereafter be
+brought in the Union will have as their fundamental law the Constitution
+adopted by the people in the long ago.(49)
+
+Also always keep in mind that the Nation has certain powers, and that the
+Constitution of the United States is supreme only as to the things over
+which the United States as a Nation has control.
+
+But it is important to bear in mind that the great principles of the
+Constitution of the United States have been carried into the Constitutions
+of the various States, and that the rights and privileges of the people
+under the Constitution of the United States have also to a large extent
+been guaranteed by the Constitutions of the States.(50)
+
+This morning we take up a constitutional guaranty which you perhaps have
+not thought much about, but which is one of the most important in the
+whole Constitution—_Freedom of Worship_. The Constitution provides:
+
+_“__Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof.__”_(51)
+
+As we look back through the history of the world we are startled to find
+that this was the first written guaranty that the people of any nation
+ever had permitting them to worship God according to the dictates of their
+own conscience.(52)
+
+Now some of you may not realize how important this is; but there is
+nothing so dear to the human heart as the right, the privilege, of
+belonging to that church and worshipping God in that manner which each
+individual may desire. We do not realize the value of such a privilege
+until some one, or some power, seeks to take it away from us. All through
+the world men and women and children have fought, and many of them have
+died, for this privilege. It was the custom of the nations of the world
+before our Constitution to have an established religion, a National
+religion, and in many of the countries it was the law that every one must
+belong to the state church, and must actually believe in the religion of
+the state. In fact, in many countries, refusal to believe in the religion
+of the state was punished by death—sometimes by burning to death, and I am
+sure you will be surprised to realize that while America was first settled
+by people who were seeking religious freedom, they were still so imbued
+with a feeling of the old days that persons must worship, not as their
+conscience might dictate, but as the state might dictate, that for many
+years in this country in certain of the colonies a state religion was
+recognized, and obligation to conform to the established religion enforced
+by severe penalties.
+
+In the colony of Virginia the established or state church existed, and it
+was the law that any person who did not conform thereto should be punished
+by burning to death. This is startling, isn’t it, to hear of such a brutal
+law upon American soil? Virginia afterwards became the pioneer in
+legislation establishing freedom of worship, but it took the most
+strenuous efforts of Thomas Jefferson through many years to finally wipe
+out these cruel laws and establish freedom of worship.(53)
+
+The Virginia statute granting absolute freedom of worship was the first
+ever adopted in the history of the world by any state or nation, the first
+guaranty of the right. Freedom of worship had existed before this in
+Maryland under the generous rule of Lord Baltimore, but the first formal
+statute was adopted in Virginia.
+
+Now your teachers tell me that in this school the pupils belong to sixteen
+different churches. I suppose each one of you thinks that the church to
+which he belongs is better than any of the others. I hope you do. I hope
+that every child is sincere in his religious belief, whatever it may be.
+But how would you feel if some representative of the State should come
+here this morning, and announce that a law had been passed by which every
+pupil must belong to the Baptist, the Methodist, the Catholic, or the
+Jewish church? How would you feel if a law were to be read to you which
+provided that unless you changed your religious belief and adopted some
+other, you would be burned to death out here on the hillside? You can
+hardly believe that such a thing would be possible in any age of the
+world; and yet never forget that the foregoing provision which I have read
+from the Constitution of the United States was the first declaration of
+the right of the people of a whole Nation to worship God according to
+their own will, their own conscience.
+
+The declaration of this great right by the Constitution of the United
+States has been in full force ever since the adoption of the Constitution,
+not only as a National law, but similar provisions have been made the
+policy, usually by the Constitution, of every State in the Union. What a
+glorious thing it is to live in a Nation and in an age where no man, no
+state, and no power can tell you what to believe, or how to express your
+belief, what church you shall attend, or in what manner you shall express
+your religious faith.
+
+Not only this, but this constitutional guaranty protects every one in his
+right to belong to no church if he so elects. The soul is free. No power
+can compel one to belong to any church, nor in any manner to hold or
+exercise religious faith, or religious duty or obligation. _In other
+words, men are free_, and this freedom, aside from any other guaranty of
+the Constitution, should make us all feel affection and veneration for
+this great charter of human liberty.
+
+But freedom of worship is only one of the many rights and privileges
+guaranteed to the people—to all the people.
+
+Another great natural right—God given right—is firmly and finally
+established:
+
+“_Congress shall make no law ... abridging the freedom of speech or of the
+press._”(54)
+
+Here again remember, when you are thinking of what you owe to your
+country, that this declaration of the Constitution was the first in all
+the history of the world by which a Nation guaranteed to all the people
+the right freely to express their thoughts in words or in writing. This
+was the first time the chains were taken from the human intellect. No one
+will ever be able to number the men and women who, throughout the history
+of the world, were condemned to death, because they dared to express their
+sentiments. If Patrick Henry had delivered his famous speech in which he
+said, “Give me liberty, or give me death”, in England rather than America,
+he would have been promptly punished. Hundreds of the colonists would have
+been hanged by the British government if they had expressed themselves in
+the mother country instead of in the new world. Kings to hold their power
+in the old world, to keep the people so terrorized that they would submit
+to their will, made the practice of hanging or beheading those who freely
+spoke their sentiments against the government.(55)
+
+Of course under the old laws those who expressed their religious
+convictions in opposition to the state church by speech or writing were
+usually promptly imprisoned, hanged, or burned.
+
+Now do not have any misunderstanding about this guaranty of freedom of
+speech and of the press. We often hear complaints of certain people about
+certain laws punishing those who abuse the privilege of free speech; but
+there is no law of State or Nation which prohibits the speaking or writing
+of anything in this country. Men may speak and write what they will; but
+there are some laws punishing those who abuse this great privilege to the
+injury of another person, or to the injury of the Nation. Of course no one
+would feel that it was right to allow another to write libelous articles
+about your neighbors. You would not feel that it would be right to permit
+some vile person to write false and vicious articles about your mother or
+your father; and yet any one may do so. They cannot be prohibited or
+enjoined from doing so, but they may be punished after doing so, after
+they have been tried in a court and found guilty of libel by a jury of
+their fellowmen.(56)
+
+So if one writes a threatening letter to your father, telling him that he
+will kidnap his child unless he pays ten thousand dollars by a certain
+time, such person is exercising his constitutional right to freedom of
+expression, but no one would think that it was right to permit him thus to
+abuse his constitutional right without being punished for it; and
+consequently such person may be arrested and tried, and if found guilty,
+punished.
+
+So in these later days it has been found wise, not to prohibit persons
+from giving expression to their views about our government, but to punish
+those who show by their words or writing that they are rebels against our
+government, endeavoring by their words to cause a revolution, to incite
+people to use force, bombs, or the torch to destroy our government.
+
+No one can ever be punished for criticising our government, or any of the
+officers of our government, so long as he does not undertake to destroy
+our government, and I am sure that you would not think it right to permit
+any one to destroy the government controlled by ourselves which has
+brought to us so many blessings. Nearly every one agrees that if a person
+should use bombs or the torch in an effort to cause revolution and destroy
+our form of government, such a person should be punished; but there are a
+few who think that they should not be punished until they actually begin
+destruction. Of course we cannot agree with them. The man who goes out on
+the street corner and advocates the use of the bomb and the torch to
+destroy our government, who arouses passions willfully with the purpose of
+destroying the government, is doing just as much wrong as is done by the
+person who follows his advice and uses the bomb and the torch. In fact the
+man who advocates revolution and destruction, who preaches the use of the
+bomb and the torch, who plants the poison in the hearts of his fellowmen,
+and incites them to revolutionary action is more guilty of wrong than are
+those who, stirred by his appeals, carry out his wishes.
+
+In punishing those who thus violate every principle of loyalty,
+patriotism, and right the constitutional provision is in no manner
+modified. The worst revolutionist has the freedom of speech and of the
+press guaranteed to him. The law which punishes him does so only because
+under the protection of the Constitution, he commits a crime against his
+country and against humanity.
+
+America has done more than any other nation in the world in the cause of
+educating the common people. It should exercise care that the people
+should be educated in the true spirit of America, that their minds should
+not be poisoned by the vicious teachings of those, not Americans at heart,
+who seek to poison souls and rob the people of their patriotism and of
+their loyalty.
+
+In the olden days so tyrannical was the king that in many instances when
+the people complained of their burdens and sought rights and privileges
+they were punished for daring to seek relief. The king would usually give
+them what he thought they ought to have and would not listen to
+complaints. One of the rights which the people always hoped for was the
+privilege of assembling, meeting together, talking over their troubles,
+drawing up a petition, signing, and presenting it, praying “a redress of
+grievance”. When the representatives of the people met in the
+Constitutional Convention in Philadelphia they had before their minds the
+things that the people had suffered under old forms of government and it
+was their earnest effort to provide constitutional guaranties which would
+prevent the abuses to which the people were compelled to submit in the old
+world. Therefore one of the provisions of the Constitution of the United
+States is the following:
+
+“_Congress shall make no law ... abridging ... the right of the people
+peaceably to assemble, and to petition the Government for a redress of
+grievances._”(57)
+
+Under this constitutional guaranty the people have the right to assemble
+peaceably at any time or place, to talk over their troubles, and to draw
+up a petition to the government seeking relief from unjust burdens. Where
+they assemble peaceably there is no officer of the government and no court
+that can interfere with them; and when they petition the government they
+cannot be reprimanded or punished in any way. Of course under our
+representative government where the people themselves select those who
+make the laws, the necessity for assembling and drawing up petitions is
+not so great. Yet in Congress and in the legislatures of the various
+States nearly every day petitions come in from some body of people urging
+the adoption of a certain law or objecting to a certain proposed law. If
+you were in Congress or in the legislature you would probably see some
+member arise and say, “Mr. Speaker, I present the petition of the people
+of my district objecting to the passage of Bill No. 781, which I desire to
+have made part of the record”, and the Speaker, who is the presiding
+officer, would respond in substance, “the request of the gentleman will be
+granted and the petition will be made part of the record”.
+
+What I desire especially to impress upon you this morning is the value of
+this right and the failure of our people to take advantage of the
+privilege granted. This being a government by the people and the laws
+being made by their agents, these agents of the people, members of
+Congress and of the State legislatures, cannot carry out the will of the
+people unless they know what the people want. Ask your father when you go
+home whether or not he has ever written to the member of Congress from
+this district telling him about some law he would like to have passed or
+about some proposed law he would like to see defeated. The truth is that
+there are large numbers of people in this city who do not even know the
+name of their congressman, or representative in the legislature of the
+State. They do not pay any attention to such things, yet when the
+legislature or Congress passes a law they are always ready to criticise
+and condemn, despite the fact that before it was passed they did not take
+interest enough to give an expression of their views to those who were
+trying to follow the wishes of the people. From time to time the people
+should assemble in every community to talk over government matters, their
+matters, the things that come most close to them in life. You will find
+men and women meeting every month in their lodges and clubs, discussing
+all sorts of things, music, art, and literature, but we find hardly any
+organized meetings for the discussion of the big things in life, our
+liberties, our rights, and our duties as citizens of this free republic. I
+hope to see the time when there will be community centers and regular
+assemblies, not for amusement but for serious discussion, serious thought,
+and earnest coöperation in the affairs of the city, State, and Nation.
+There is so much complaint in these days that it would be of great value
+at these assemblies to allow every person who has a grievance against the
+government or any branch of the government to present it for discussion.
+The rights and duties of each individual in government are of importance
+to every other person, and there should be frankness, honesty, and
+earnestness in every discussion of grievance and remedies, so that public
+sentiment may be developed. Government in a democracy is government by the
+sentiment of the people; and the sentiment of the people can only be
+created and manifested by talking over the things in which all people are
+interested—the problems of life, liberty, and happiness.
+
+ELEMENTARY QUESTIONS
+
+1. Which colonists came to America to avoid religious persecution?
+
+2. Why do people fight and die for their religious beliefs?
+
+3. In what ways were people persecuted for their religious beliefs?
+
+4. Where was the first statute granting absolute freedom of worship
+passed?
+
+5. Why is it a good thing to have freedom of speech?
+
+6. Name some famous Americans who have been outspoken in saying what they
+thought.
+
+7. Can you publish in the paper a statement that Mr. X is a burglar? If
+so, can you be punished if your statement is not true? If so, how can you
+have freedom of speech?
+
+8. Is the Constitution of the United States in force in all the States of
+the Union?
+
+9. Are there other constitutions which the people of different States must
+observe?
+
+10. Why did the people want the right to assemble?
+
+11. Do you know of any countries where they do not allow it?
+
+12. Do you know of anyone who ever sent a petition to a State legislature?
+To Congress? What was it like?
+
+13. How many assemblies of people and petitions help to make our
+representatives do what we want them to do?
+
+ADVANCED QUESTIONS
+
+A. Name the places in the world, where to-day there is religious
+persecution.
+
+B. Describe the conditions in Armenia.
+
+C. What are the real advantages of religions liberty?
+
+D. Just how would it affect a person if freedom of speech were not
+allowed?
+
+E. How may the right to freedom of speech be abused?
+
+F. During the recent war, men were punished for what they said under what
+is known as the Espionage Act. How can this be reconciled with freedom of
+speech?
+
+G. Discuss the method of organizing a community meeting.
+
+H. Discuss the method of preparing a petition.
+
+I. Suppose the opinion of the meeting should be divided, what should be
+the procedure?
+
+J. Plan a method to make the people talk more about government.
+
+K. What are the dangers of a lack of interest in the affairs of
+government?
+
+L. How will a congressman represent the wishes of the people if he
+receives no petitions?
+
+M. Write a paper on the following:
+
+
+    The Story of the Pilgrims
+
+    Roger Williams and the Providence Colony
+
+    Lord Baltimore
+
+    Thomas Jefferson and Religious Liberty
+
+    Censorship of the Press and Freedom of Speech
+
+    What to do with an Anarchist Meeting
+
+    Socialist Papers
+
+    The Importance of the Right of Petition
+
+    Keeping In Touch with our Representatives
+
+    Some Petitions I have Seen
+
+    Things for Which We Should Petition the Legislature
+
+
+
+
+
+X. MILITARY PROVISIONS
+
+
+  Rights Of Citizens To Bear Arms—Restrictions On Quartering Soldiers In
+                                  Homes
+
+
+Again we find the framers of the Constitution looking back into the past
+at abuses imposed upon the people by kingly power. They inserted in the
+Constitution the following provision:
+
+“_A well regulated Militia, being necessary to the security of a free
+State, the right of the people to keep and bear Arms, shall not be
+infringed._”(58)
+
+They were making a government of free States. They did not wish to see the
+National government become the master of the States nor the master of the
+people. They believed that the government should be the servant and not
+the master. They wanted to have the power in the hands of the people of
+the States to protect their rights if they ever should be invaded by
+force; and therefore they furnished to the people of all the States the
+guaranty that the States should have the right to have militia, that is,
+soldiers organized to maintain order and to defend the State, if
+necessary, against abuse of power; and they guaranteed to the people the
+right to bear arms lawfully.
+
+If you read the history of the old world you will find many instances of
+soldiers entering the homes of the people to search for fire arms or other
+weapons, taking them away, possibly punishing those who had them. The
+people are guarded by our Constitution against any such conduct on the
+part of soldiers or representatives of the National government. Of course
+this right, like the right of free speech, may be abused and when abused
+punishment may be imposed. For instance, it is dangerous to the good order
+of a community that persons should carry concealed weapons and therefore
+in every State there is some law concerning this. If a man should walk
+down the street here with a loaded revolver in his pocket he could be
+arrested and imprisoned, or fined, but in this State a man could walk down
+the street with a shot gun in his hands or any other weapon where it is
+exposed so people could see it. A law against carrying concealed weapons
+imposes no burden upon any law-abiding citizen. There are regulations, of
+course, permitting certain persons to carry weapons concealed, police
+officers, a sheriff, and other peace officers; and there is a law under
+which any person of good moral character may make application for
+authority to carry concealed weapons which will be granted under certain
+restrictions. Some States require a bond to be filed guaranteeing good
+conduct. Persons who have to carry large sums of money, express messengers
+upon the trains, post office employees who carry registered mail, and
+other persons may be granted the privilege of carrying concealed weapons.
+The laws regarding carrying concealed weapons differ from State to State,
+the punishment in some being a term in the penitentiary.
+
+But in all this we find only regulation and careful provision to help
+maintain order and peace; and with it all we find the absolute right given
+by the Constitution to the people to maintain their State militia and to
+keep and bear arms within reasonable regulations which may be provided by
+the different States.
+
+Then we find a strict guaranty of the Constitution against an abuse which
+was common in the old world. You know before America came into being the
+strength of a government was the power of a government. The people were
+ruled by force; they were kept in constant fear. When this Nation was
+organized it was the hope of the founders that we could have laws so just
+that people would have love for their country and respect for its laws, so
+that we would not have to inspire fear in the hearts of the people in
+order to make them obey. Laws should be obeyed not because of fear, but
+because of respect, because of a sense of duty. Laws should be obeyed
+because we know that laws are necessary to protect our own liberties. We
+know that without law, liberty is impossible.
+
+So that when the Constitution was framed, reflecting upon the abuses of
+the old world, the makers of the Constitution inserted this guaranty:
+
+“_No Soldier shall, in time of peace, be quartered in any house, without
+the consent of the Owner, nor in time of war, but in a manner to be
+prescribed by law._”(59)
+
+In the olden days the military power was supreme. The soldier was part of
+the military power. The ordinary citizen was compelled to submit to many
+of the wishes of the soldiers in times of peace as well as in times of
+war. In reading the history of the world you will find that soldiers
+exercised the right to enter the homes of the people and demand food and
+shelter. Of course the people, being in fear of the military power, would
+not think of refusing anything demanded; but the people of America, under
+our Constitution, are supreme. The soldier is subject to the people, not
+the people subject to the soldier. While we must respect those who are the
+defenders of our country, we must also respect our own rights and
+privileges. And every soldier, general or private, must also respect our
+rights and privileges. No soldier can enter any home, no matter how
+humble, without the consent of the owner, except in times of war. Even in
+times of war he cannot enter except under circumstances and conditions
+prescribed by law. The law being made by the people, they will be
+protected against abuse. Of course in times of war every one should be
+glad to give freely of what he has for the soldiers of his country, but in
+times of peace in this country the soldier, under our Constitution,
+understands that the home is sacred and that he has no right there unless
+the owner invites him to enter.
+
+I wonder if the people realize what these guaranties mean to them. I
+wonder if they understand how earnestly and how carefully those who framed
+the Constitution endeavored to protect the sacred rights of every man,
+woman, and child in this country.
+
+ELEMENTARY QUESTIONS
+
+1. Why did the Germans refuse to allow the Belgians to keep and bear arms?
+
+2. Why is this right important to us?
+
+3. Ask some soldier who fought in France to tell you about how soldiers
+quartered in the village. Would you like to see this in America? Why not?
+
+4. What rights has a soldier in time of peace to demand admittance to a
+house, or to demand food?
+
+5. In time of war under what conditions may a soldier be quartered in any
+house?
+
+6. Where is the whole power of government in America? Where is it in a
+kingdom or monarchy?
+
+7. Do you know the name of your congressman?
+
+8. When should a person be allowed to carry weapons?
+
+ADVANCED QUESTIONS
+
+A. What is the importance of the right of keeping and bearing arms?
+
+B. What is the status of the National Guard in your locality? What are its
+duties? What is its purpose?
+
+C. What is the fundamental objection to the quartering of soldiers on a
+population in time of peace?
+
+D. Write a paper on the following:
+
+
+    The Right to Bear Arms
+
+    The Evils of Quartering of Soldiers
+
+    The Purpose of the National Guard
+
+    How the Soldiers Were Quartered in France
+
+
+
+
+
+XI. SEARCH WARRANT AND INDICTMENT
+
+
+    The Home Protected Against Unlawful Search And Seizure—Grand Jury
+                           Indictment Required
+
+
+Following the provision that we last discussed that no soldier shall in
+time of peace be quartered in any house without the consent of the owner,
+nor in time of war except in a manner prescribed by law, we find the
+Constitution making a most positive provision guarding the sacredness of
+the home, the sacredness of the person, and the things belonging to each
+person. In the olden days the people had to submit to the most brutal
+conduct. A man might think some one had stolen his ring or his watch.
+Suspecting a neighbor, and being the stronger, or assembling his friends,
+or some officers, he might enter the neighbor’s home, search all through
+the house among papers, in the desks, and in every trunk and other place
+where personal belongings were kept, might search the person himself, his
+pockets, and clothing.
+
+Of course you can easily understand that the people who were thus abused
+would resent such actions. In England the people in early days had
+protested and had secured some guaranties from the king against these
+outrages, but the first absolute written guaranty of the full rights of
+the people was when the following provision was inserted in our
+Constitution:
+
+“_The right of the people to be secure in their persons, houses, papers,
+and effects, against unreasonable searches and seizures, shall not be
+violated, and no Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized._”(60)
+
+Of course it is apparent that so long as we have crimes committed the
+wrongdoer must be punished. Wrongdoers naturally try to conceal the
+evidence of their crimes: the murderer seeks to hide the revolver, the
+thief seeks to hide the money, the bonds, or the jewels. So it is
+necessary, in order to find criminals and to recover valuable things they
+may have taken, to have the privilege of searching persons or houses. But
+the thing which the Constitution guarantees is that no such search shall
+be made except upon warrants issued by some court, which are commands to a
+peace officer to seize a certain person (arrest him) or to search a
+certain house or other place for things which might aid in administering
+justice. No warrants shall be issued by any court until some one has
+appeared and filed a solemn statement under oath showing some reasonable
+grounds for believing that the search or seizure will disclose evidence of
+the offense. The place must be described. The things or the persons to be
+seized must be described. A warrant issued by any court, no matter how
+high, without such a sworn statement being presented, is void and in
+violation of the rights of every person under the Constitution. The courts
+are often called upon to enforce this right of the people. The home,
+especially under our Constitution, is recognized as sacred. “Every man’s
+house is his castle” and wherever, without the proper warrant, search or
+seizure is made, the court will promptly punish the wrongdoer and if
+something has been seized or taken possession of wrongfully the court will
+order it returned. Even though valuable as evidence of guilt, the court
+will not permit it to be used, if it has been seized in violation of the
+guaranty of the Constitution.
+
+No matter how humble the home, whether it be owned or rented, whether it
+have one room or a dozen, it stands exactly the same under this
+constitutional provision, and is guarded against “unreasonable searches
+and seizures”. No matter how poor the owner, he can stand at his door and
+defy all the officers of State or government, yes, and all the soldiers of
+the republic, defy them to enter until the provisions of the Constitution
+of the United States shall have been complied with.
+
+Now, we come to guaranties of the right of the people to protection
+against any trial, except the same be conducted in accordance with the
+guaranties of the Constitution. These guaranties are for all persons,
+young or old, rich or poor. You know sometimes the innocent are charged
+with grave crimes. A crime is committed in the darkness of the night. The
+criminal has fled. The first duty of the officers of the government—the
+servants of the people—is to find the criminal so that he may be punished
+for his wrongdoing. This is not an easy task, and no matter how careful
+officers may be, mistakes are sometimes made and innocent persons are
+arrested and charged with the offense. Bring this home to yourself,
+because every one of these constitutional guaranties are for you, for each
+of you, for your father, mother, brothers, and sisters. Keep this in mind.
+Do not consider them as applying to somebody away off, some stranger in
+whom you have no interest. _They apply to you._
+
+Now suppose that to-night a murder should be committed, and to-morrow your
+father should be arrested and charged with the crime of which he was
+entirely innocent. It will be very important to him that he should have a
+fair chance, a fair trial. His liberty would be at stake, and liberty
+under the Constitution is a sacred thing. Thinking of liberty his mind
+would naturally turn to the Constitution, and if he examined it, he would
+find the following guaranty:
+
+“_No person shall be held to answer for a capital, or otherwise infamous
+crime, unless on a presentment or indictment of a Grand Jury, except in
+cases arising in the land or naval __ forces, or in the Militia, when in
+actual service in time of War or public danger._”(61)
+
+Now you do not understand this, do you? And yet it is very simple. When a
+man is arrested, he is brought before the court for trial. But how, and
+before whom shall he be tried?
+
+Remember that in America the enforcement of law is in the hands of the
+people. Remember that this is a government by the people and that the
+chief purpose of government is to protect the liberties of the people.
+Here is your father’s liberty at stake. If he should be convicted of
+having committed this murder, he might be hanged or sent to prison for
+life, so it is very important to him that the investigation into the
+charge against him shall be conducted in the right manner.
+
+Under this constitutional guaranty which is also included in your State
+Constitution, there is no court and no judge in the United States big
+enough or powerful enough to call your father before the court for trial
+until he has been indicted by a grand jury. A grand jury, generally
+composed of twelve or more men selected from ordinary citizens, is brought
+together every term of court. They sit in a room by themselves and hear
+evidence as to the commission of offenses. They have no power to find a
+man guilty or not guilty. Their power and their duty is to decide whether
+the evidence brought before them is sufficient to justify putting the
+accused man on trial for the offense. They hear the witnesses for the
+State or government. The defendant is not brought before them personally,
+nor is he represented in any way. It is simply a secret investigation. If
+these men upon this investigation decide the evidence is not sufficient to
+warrant the trial of a man, he is discharged. He cannot be put on trial
+before the court. Before the court can proceed the grand jury must first
+say that the man shall be tried. The people thus have in their hands the
+power of protecting the innocent, and the power of instituting proceedings
+against the guilty. The grand jury brings in its report by an “indictment”
+which is merely a written statement to the court that the grand jury
+believes the defendant should be put upon trial for a certain offense.
+When this indictment is brought in, the defendant is called before the
+court, the charge is read to him, and he is then required to say whether
+he is guilty or not guilty. If he says that he is not guilty, then
+preparation must be made for a trial in the court, before a petit jury, a
+trial jury, which we will consider later. The thing I want to impress upon
+you now is the care with which the framers of the Constitution guarded the
+right of your father to have an investigation by a body of citizens before
+he can be brought up for trial for this murder which has been committed.
+He cannot be dragged by officers before some court and forced to go
+hurriedly through a form of trial only to be found guilty. The proceedings
+must be deliberate and careful. The Constitution guards him against danger
+of conviction without substantial proof of his guilt.
+
+There are a few minor offenses, sometimes called misdemeanors, and there
+are violations of city ordinances, in which an indictment is not
+necessary, but an indictment by a grand jury is necessary whenever the
+crime is infamous or capital; that is, generally speaking, when punishment
+would involve imprisonment in the penitentiary or the taking of life by
+hanging or otherwise. You will understand this better as we consider the
+trial before the petit jury.
+
+You may think it is difficult to learn all about grand juries, the number
+of jurors, and the manner in which they are sworn to perform their duties.
+I do not blame you. But bear in mind I am not insisting that you shall
+learn all these details. Of course the more knowledge we have about these
+matters the better. But _the important thing_ is that you shall learn that
+away back more than one hundred and thirty years ago the people of America
+in framing the Constitution of our country, by written guaranties, made
+this a government by the people. Knowing that the most sacred thing on
+this earth is human liberty, they sought to guard it by providing every
+possible safeguard which would protect the innocent from unjust
+conviction. They trusted the people. While courts were provided, the power
+to accuse the humblest human being living under the American flag of a
+grave offense and bring him before a court for trial was reserved to the
+people themselves.
+
+Grand juries are merely representatives or agents of the people. As they
+sit in court they are exercising some of the highest and most important
+duties exercised by men. Grand jurors and petit jurors hold in their hands
+the liberty of their fellowmen.
+
+It is these great truths I wish to impress upon you. I want you to have
+the knowledge, but more than this, I want you to have the spirit, the
+spirit of confidence in your government, and the spirit of gratitude that
+you live in America where the people rule, where the people not only make
+the law, but enforce it.
+
+ELEMENTARY QUESTIONS
+
+1. In the olden days how could a strong man abuse one suspected of
+stealing?
+
+2. What would he be compelled to do to-day?
+
+3. Why are the guaranties regarding trials important to you?
+
+4. Who may accuse or charge a person with a crime?
+
+5. Is a person charged with a crime necessarily guilty?
+
+6. What is a grand jury? What is its purpose?
+
+7. How are members of a grand jury servants of the people?
+
+8. Is a search warrant valid if no sworn statement has been filed?
+
+9. What are the rights of the owner, if a search is made without proper
+warrant or papers?
+
+10. State the guaranty of the Constitution with reference to indictment by
+a grand jury.
+
+11. Is the session of a grand jury secret or public?
+
+12. Is the defendant present before the grand jury during the
+investigation?
+
+13. What is meant by “indictment”?
+
+14. What is done when the grand jury returns an indictment?
+
+15. What offenses may be prosecuted without an indictment?
+
+ADVANCED QUESTIONS
+
+A. Discuss the procedure of securing a search warrant?
+
+B. If we had no guaranty of security of property rights what effect would
+this have with reference to working, earning, and saving?
+
+C. How is the fact that we have a grand jury an evidence of the care with
+which our government guards our rights?
+
+D. What is a heinous crime?
+
+E. Write a paper on:
+
+
+    Early Abuses of Power in Search and Seizure
+
+    Some Interesting Violations of this Right
+
+    The Grand Jury as an Evidence That the People Rule
+
+    An Account of the Work of One Grand Jury
+
+
+
+
+
+XII. RIGHTS OF ACCUSED
+
+
+      Acquittal By Jury Final—Accused Not Compelled To Be A Witness
+
+
+Now keeping in mind that this is a personal matter with each one of us,
+that we are talking about our own rights, that some day our liberties may
+be in danger, let us take up the next guaranty of the Constitution: “_nor
+shall any person be subject for the same offence to be twice put in
+jeopardy of life or limb_”.(62)
+
+I am sure you do not know what that means. I am sure there is not one of
+you who ever dreamed that such a thing might happen to you as to be “twice
+put in jeopardy of life or limb”. This is very important and likewise very
+simple. In the olden days, in the old world, many a man was tried for a
+crime in court and found not guilty, and then later was arrested and put
+on trial again and found guilty. Suppose your father, as I said the other
+day, should be arrested, although he were innocent. Suppose he were
+indicted by this grand jury and brought on for trial. He would be
+compelled to hire a lawyer, if he were able to, and get ready for trial.
+The trial would come on, and days or possibly weeks might be spent in
+examining witnesses. Finally the case would close and the jury would bring
+in a verdict of “not guilty”. It would be an expensive proceeding. Perhaps
+it would take all the money he had saved. It would not only be expensive
+but it would be a hard strain upon him, your mother, the other children,
+and yourself. It is a very serious matter for an innocent man to be tried
+for murder. Still the verdict of “not guilty” comes in and you are all
+full of joy to realize that his life and liberty have been saved. Now
+suppose it were possible that within a couple of weeks afterwards he could
+again be arrested, indicted, put on trial. All of the family would again
+be subjected to worry and sorrow. You do not think it would be just, do
+you? It would not be right. Of course it wouldn’t be right, but men in the
+olden days have been compelled to submit to such injustices. So when the
+Constitution was adopted this guaranty which I just read was put in there,
+so that for any offense against the United States no man can be tried
+again after acquittal. Once a jury of his fellowmen, his neighbors, brings
+in a verdict of “not guilty” that ends forever any prosecution for the
+same offense. He is free and there is no power in the United States nor
+any of its officers to call him again for trial for that offense. Most of
+the States have a like constitutional guaranty.
+
+Then there is another important guaranty: “_nor shall (he) be compelled in
+any criminal case to be a witness against himself_”.(63)
+
+I wonder if you have ever heard of the days when men were tortured to make
+them confess. I wonder if you ever heard of the rack where men were
+stretched, almost torn limb from limb, or of the days when men were hung
+up by their thumbs, in order to compel them to admit their guilt of some
+crime. Have you read of the burning of the soles of men’s feet? Or the
+application of red hot irons to other parts of the body in order to extort
+a confession? Well those were common things in some of the countries in
+the days before America was born. Men would be arrested, charged with an
+offense, and then an effort would be made to torture them into confessing
+to the crime. And often where no such brutal torture was employed, men
+were brought into court, put on the stand, threatened, examined, and cross
+examined by lawyers to try to gain admissions which might help to prove
+their guilt. Of course this was all wrong. It was brutal. It was a
+violation of human right. When the Constitution of the United States was
+framed this great abuse of human privilege was absolutely barred by the
+provision, that no one can “be compelled in any criminal case to be a
+witness against himself”. In this country, when a man is brought into
+court charged with a crime, it is the duty of the government to prove his
+guilt. This proof must be by the sworn testimony of witnesses of certain
+facts or circumstances, aside from any statement or admission by the
+defendant. He cannot be compelled to be a witness at all. If he so wishes,
+however, he may be a witness for himself. This privilege was denied him
+under the English practice for generations, and even in this country in
+many of the States until a comparatively recent time; but never since the
+Constitution was adopted could any person charged with a crime against the
+United States be compelled to testify to any fact or circumstance in
+relation to the crime. Not only can he sit in the court room and listen to
+the stories told against him, but he is guaranteed this right by
+protection against any threats or inducements outside of court and before
+the trial which would lead him to say anything against his innocence.
+Every judge in criminal courts has been compelled at times to refuse to
+admit in evidence before the jury certain statements or alleged
+confessions. You may see in the paper where some man has been arrested for
+breaking into a bank or committing some other offense, and it may be
+further stated that the defendant has confessed that he broke into the
+bank. Naturally you then say to yourself that he will be found guilty.
+Well this constitutional guaranty not only protects him in court but
+protects him out of court. He cannot be compelled to give answers after
+his arrest while he is in jail, or even if he is at liberty under bond,
+which can be used against him upon the trial. Of course a person charged
+with a crime may waive this constitutional guaranty. He may voluntarily
+say that he wants to tell his story, and if he does so without any
+inducement, promises, or threats it may be admitted against him when the
+trial comes. Otherwise not. To be admitted, it must appear to be
+absolutely voluntary and of his own free will. If it appears that the
+confession has been induced by promises of lighter sentence or “that it
+will be easier for him”, or if any other inducement is used to get him to
+consent to make his statement, such statement cannot be used in evidence
+because of his constitutional guaranty. Many times I have seen the court
+refuse to admit proof of an alleged confession of a defendant, and I could
+see that the jury trying the case and the people sitting in the court room
+were surprised that the judge would not admit such proof even when the
+confession was signed by the defendant; but the jury and the people did
+not happen to think of this constitutional provision. Perhaps they had
+never heard of it. Every judge is sworn to uphold and defend the
+Constitution. No judge can permit any provision of the Constitution to be
+violated if he can help it. A man is on trial before him. A written
+confession is offered in evidence to help convict him. The defendant’s
+attorneys claim that the confession was not voluntary but was induced by
+threats or promises. The court then makes inquiry and hears the witnesses
+upon this question, and if the court finds that the confession was not the
+voluntary act of the defendant, the same will be excluded because the
+Constitution provides that no man “shall be compelled in any criminal case
+to be a witness against himself”.
+
+Let us turn again to the false accusation against your father. He is
+charged with murder. He is on trial before a jury. The attorney for the
+government pulls a paper out of his pocket and offers it in evidence. It
+appears to be signed by your father. Your father’s attorney objects to
+having it considered by the jury for the reason that the policemen took
+your father into a cell in the jail, and threatened that they would beat
+him with their clubs unless he would sign a paper telling how he committed
+the offense, and that in terror he signed the paper. At this point, the
+court would hear the statements of your father, and other evidence, and if
+it appeared that there were any threats of any kind used to get your
+father to sign the paper, it would not be admitted in evidence at all.
+Your father would only claim his constitutional rights as an American, and
+they would not be denied to him.
+
+There are notable instances in which confessions were made and signed by
+innocent parties, who were discouraged because the facts seemed to be all
+against them, who felt that they were certain to be convicted, and that
+their punishment would be lighter if they would make a confession. Under
+this impression they made and signed a confession. It was afterward found
+that the confession was false and that they were innocent of the crime.
+This constitutional guaranty protects against any injustice of this kind.
+
+These careful efforts of the makers of the Constitution to guard the
+liberties of the most humble persons must impress us with the earnestness
+of their efforts to make this a free country, where no one shall be
+deprived of his life or liberty except where proven guilty, after a most
+carefully guarded trial.
+
+Isn’t it fine to live in a country where the people have a Constitution
+written in such simple language that even the little children can read it?
+I want every one, even the smallest child, to understand that every line
+of the Constitution was written to guard and protect each one of us, young
+and old, against injustice and wrong. These safeguards cannot be taken
+away except by the people themselves. The President cannot change the
+Constitution. Congress cannot change it. Judges cannot change it. No one
+but the men and women of America can alter it in the least.
+
+ELEMENTARY QUESTIONS
+
+1. Show how being put on trial again and again for the same offense would
+be an injustice.
+
+2. Why is it right to have the verdict of “not guilty” final?
+
+3. What would be the result if it were not final?
+
+4. Why is this of _particular_ advantage to the poor man?
+
+5. Why should no man be compelled to be a witness against himself?
+
+6. Why do they allow a man to be a witness if he so desires?
+
+7. What is the importance of the guaranty protecting the defendant from
+being examined as a witness?
+
+8. When a person is indicted for an offense, what is the duty of the
+government with reference to proof of guilt?
+
+9. How is guilt proven in court?
+
+10. When may a confession made outside of court be introduced as evidence?
+
+11. Why would anyone accused of a crime confess guilt, when in fact he
+might not be guilty at all?
+
+12. Can the President or Congress or a judge change any of the provisions
+of the Constitution?
+
+ADVANCED QUESTIONS
+
+A. Discuss the democracy of the provision that the verdict of “not guilty”
+is final while that of “guilty” may not of necessity be final?
+
+B. Why are confessions wrung from frightened or tortured men likely to be
+untrustworthy?
+
+C. Why should the “Third Degree” methods be prohibited?
+
+D. Write a paper on the following:
+
+
+    The Third Degree
+
+    Early Cases of Torturing Accused Persons
+
+    The Burdens, Disadvantages, and Injustice of Permitting a Retrial
+    After A Verdict of “Not Guilty”
+
+    Methods Sometimes Used to Secure a Confession of Guilt
+
+
+
+
+
+XIII. LIFE, LIBERTY, AND PROPERTY
+
+
+   Rights Protected By Due Process Of Law—Property Taken For Public Use
+
+
+The three great things which every man, woman, and child cherishes are
+life, liberty, and property. We see in every one of these guaranties how
+careful the people who made the Constitution were to see that these
+valuable things were sacredly guarded.
+
+It is stated in the Constitution that:
+
+“_No person shall ... be deprived of life, liberty, or property, without
+due process of law._”(64)
+
+You can understand how important this is if you will realize how in the
+olden days people were so brutally treated by their fellowmen, especially
+by those in power who happened to represent the government. Have you ever
+read the story of the Bastile, a prison in which hundreds of French people
+were thrown without a trial, in which many were murdered and many kept in
+dark cells chained to the floor for years? Have you ever read the story of
+the Tower in London, where men were imprisoned and murdered without a
+trial by any court and without an investigation by any one, often without
+the knowledge of their closest friends? Have you ever read about how the
+property of people was taken away from them without trial or investigation
+to be turned over to the king or to some of his friends? Until you have
+read something of the past, and realize how people suffered, how they lost
+their lives, their liberty, and their property, you will never realize the
+wisdom of those who framed our Constitution, nor the affection which they
+had for the people of America in protecting them against such horrible
+treatment.
+
+No person’s property can be taken, no person’s life can be taken, no
+person’s liberty can be taken under our Constitution without due process
+of law. We do not need to discuss the meaning of “due process of law”. You
+will learn more about this later, as you study more fully the details of
+the Constitution. It is sufficient now to say that no person’s life,
+liberty, or property can be taken away from him without his consent,
+except by a trial before a legal court, in which the person shall have the
+right to a fair hearing. He must have notice of the charge or claim made
+against him. He must have a chance to appear in person. He must have the
+right to employ attorneys to represent him. He must have the privilege of
+bringing in witnesses to tell the truth about the charges that may be
+made. There must be a decision by the court after a speedy public trial.
+In all the States of this country any one is entitled to such a trial, and
+he is also, in case of defeat, entitled to appeal and present his case to
+a different and a higher court. These courts are the courts of the people,
+selected by the people, and neither government nor individuals have any
+right to take away anyone’s life, liberty, or property unless the people
+by and through their courts shall so find and do.
+
+Then we find the following constitutional provision: “_nor shall private
+property be taken for public use, without just compensation_.”(65)
+
+Of course the government at times must have property which may belong to a
+private person. The public must at times take property belonging to an
+individual. Property may be taken, even when the owner will not consent to
+it, when it is taken for public use. One man’s property cannot be taken by
+the government and given to another person. Government buildings must be
+erected and land must be obtained for such purposes. The public must have
+railroads, and a railroad can only be built when land is obtained for what
+is called the right of way. Sometimes a railroad must run through lots or
+farms belonging to private owners. The higher right of the public to these
+conveniences, these necessities, requires that when necessary the private
+individual must give up his right of ownership to these higher public
+uses. But even for the Nation, or the State, or railway, or for any other
+public use, not one foot of land may be taken from the poorest man in the
+country unless he is first fully paid its value therefor. Usually, of
+course, the owner will sell his property for such purpose at a fair price,
+but, if he is stubborn and will not do so, or if a fair price cannot be
+agreed upon then the government of the State or of the Nation, or the
+agents of the State or of the Nation may take such property by first
+having its value fixed by a commission, or a jury, composed of the
+neighbors of the owner. Where the amount fixed by such commission or jury
+is not satisfactory to the owner of the property, he may appeal to the
+court and have a trial, usually a jury trial, in which he can bring his
+witnesses and prove the value of his property, so that he will finally
+receive its full, fair, just value.
+
+By this constitutional guaranty every person is well guarded in his
+ownership and possession of property. In countries existing before America
+not much attention was paid to the rights of property owners. If the king
+or emperor should demand possession of a certain piece of property the
+owner had little to say about it. He received his orders and obeyed them,
+because he was afraid of the power of the government. The government could
+pay or not as it pleased. But this period of wrong and injustice was
+ended, so far as the people of America were concerned, when the
+Constitution became the final power in this land.
+
+There are a few people in this country who seek to have private ownership
+of property abolished. No law taking away the right to own property can
+ever come into force in this country until the people by their votes
+change the Constitution. The Constitution stands guard over the farms, the
+homes, the money, and all forms of personal property. It guards the
+cottage of the widow with the same jealous care that it does the ten-story
+building of the bank. No person and no power can interfere with the right
+to accumulate property and to hold it, provided only it is honestly
+obtained.
+
+ELEMENTARY QUESTIONS
+
+1. What are the three things that every man, woman, and child cherishes?
+
+2. What does the Constitution say about these three things?
+
+3. What was the Bastile? The Tower of London?
+
+4. Show how injustice was worked by confining people without due process
+of law.
+
+5. What are some of the essentials of “due process of law”?
+
+6. When can private property be taken by the government?
+
+7. When the State wishes a piece of land, end the owner will not sell for
+a fair price, how is the matter adjusted?
+
+8. What right for reconsideration has a person against whom a judgment has
+been rendered in a trial court?
+
+9. How can the reasonable value of property be established or proven?
+
+10. Suppose the President of the United States wished a certain piece of
+property upon which to build a summer home. Could the President secure the
+land? Give reasons.
+
+ADVANCED QUESTIONS
+
+A. What are some of the steps necessary to due process of law?
+
+B. What would be the effect on people if life, liberty, or property could
+be taken without due process?
+
+C. Discuss the process of condemning property.
+
+D. Write a paper on the following:
+
+
+    Evils of the Bastile and the Tower of London
+
+    Why Military Courts Do Not Always Follow This Law
+
+    The Different Purposes For Which Property May Be Taken For Public
+    Use
+
+    Why Ownership of Property Should Be Protected
+
+
+
+
+
+XIV. CRIMINAL TRIALS
+
+
+Accused Guaranteed A Speedy Public Trial By An Impartial Jury Of The Local
+                                 District
+
+
+I hope no one here this morning will ever be arrested for a crime of any
+kind, and yet, as I have already explained to you, the innocent are
+sometimes brought before the court charged with a grave offense. Therefore
+you should be interested in the investigation of the truth of any charge
+that may be made against you, whether by a private individual or by a
+public officer.
+
+I have already explained to you that in all grave offenses when a person
+is charged with a crime, he cannot be brought before the court for trial
+until the grand jury has investigated the facts and until they have
+returned an indictment, or written charge, to the court. Until this is
+done, the court has no power to proceed.
+
+But now suppose that you have been arrested, suppose that a grand jury has
+investigated the charge against you, has heard witnesses, and has returned
+an indictment. You are then brought up before the court, and the
+indictment is read to you. This indictment I will explain to you more
+fully later. When the indictment is read you are then required to say
+whether you are “guilty” or “not guilty”. If you have committed the crime
+charged, it may be advisable to plead guilty and ask for the mercy of the
+court in the punishment which he may impose. Courts usually temper justice
+with mercy. Courts will usually impose a lighter sentence when a guilty
+person pleads “guilty” and avoids the delay and expense of a trial. But,
+if you are innocent, you will plead “not guilty”, and then the government,
+through its officers, will get ready for trial. You may not be tried right
+away, as it usually takes some time to investigate the facts and get the
+witnesses into court. As I will hereafter explain, you will be entitled to
+an attorney when the time comes for your trial, when you will have a
+chance to hear the witnesses offered by the prosecution, introduce your
+own witnesses, and, under our present law, testify yourself, tell your own
+story.
+
+If you will walk into a court some day you will see the judge and over at
+one side twelve chairs for the jury. When your case is called for trial
+the first thing will be to select the twelve men who will be the jury in
+your case. I am not going to give the manner of selection at this time.
+This will be fully explained later. I wish now to impress upon you the
+fact that the Constitution expressly guards your rights by providing that
+you shall be entitled to have your case tried, not before a judge, but by
+a jury composed of men from the ordinary walks of life, laborers,
+merchants, farmers, people of all classes; men just like your fathers are.
+They are called. They hold up their right hands and take an oath to try
+your case fairly and justly and to make a finding according to the
+evidence which is brought before them.
+
+The Constitution provides:
+
+“_In all criminal prosecutions, the accused shall enjoy the right to a
+speedy and public trial, by an impartial jury of the State and the
+district wherein the crime shall have been committed, which district shall
+have been previously ascertained by law._”(66)
+
+_This is an absolute guaranty_—a right which is given to you, given to
+each of you, to every man, woman, and child, young or old, regardless of
+color or creed. A trial without a jury would be a violation of your
+constitutional rights. Of course, there are a few minor offenses,
+misdemeanors, and violations of city ordinances, which are sometimes tried
+without a jury, but in all infamous crimes, for which life may be taken as
+punishment or for which a person may be sent to the penitentiary, every
+one is entitled to a trial before a jury.
+
+Is not this a sacred right? Don’t you think that it is wise to permit
+people to have their rights and wrongs determined by a body of plain,
+honest men? It removes any suggestion of the abuse of power by a person in
+a public position. It inspires confidence in those who are brought before
+the court for trial. If we cannot obtain justice before such a body of
+men, how can justice be obtained in this world?
+
+I have already told you that in this country the people are not only the
+makers of the law but the enforcers of the law. It is in these jury trials
+where the people enforce the law.
+
+Of course, the hearing before the jury is held in court. The judge
+presides. He directs the proceedings of the trial, sees that it is
+conducted in an orderly way, endeavors to prevent any falsehoods from
+getting before the jury, keeps away from the jury any hearsay or gossip,
+or expressions of prejudice, or other matters not founded on absolute
+knowledge and truth. But the jurors are the sole judges of what the truth
+is, and, when the case is closed, when the evidence has all been
+introduced and the attorneys have made their arguments and pleas, the
+members of the jury retire to a private room by themselves. There they
+discuss the evidence, come to some conclusion, make a finding of “guilty”
+or “not guilty”, and bring in their finding in the form of a verdict.
+
+Have you also observed that the constitutional protection of your liberty
+not only provides for a jury trial, but also provides that it shall be a
+“speedy” trial. That is, one charged with a crime cannot without his
+consent, be locked up for weeks and months and years, as has often
+occurred in other parts of the world. He is entitled to be tried just as
+soon as the case can be prepared for trial, in justice to both sides.
+Cases are often postponed for many months, but only by consent of the
+accused. A case not tried at the second term of court will usually be
+dismissed except when the defendant consents to the delay.
+
+The Constitution also provides that it must be a public trial. Oh! how
+many men in the long ago have been tried and condemned in private, where
+only a few enemies were present, where one’s friends and neighbors could
+not hear the charges or the evidence. In this country the doors of the
+court room must be open. Any one has a right to enter and listen to the
+proceedings. The public has a right to know what is being charged against
+the humblest citizen, and what the proceedings against him are. Thus is
+justice guarded.
+
+Then the Constitution provides that the trial shall be before “_an
+impartial jury of the State and district wherein the crime shall have been
+committed_.” This is important. We are not to be sent away among strangers
+to be tried. That is what they used to do long ago. That is one of the
+things which our forefathers complained of most bitterly. In the
+Declaration of Independence the colonies declared:
+
+“He (the King of Great Britain) has combined with others to subject us to
+a jurisdiction foreign to our constitution, and unacknowledged by our
+laws; giving his Assent to their acts of pretended legislation ... for
+depriving us in many cases, of the benefits of Trial by Jury ... for
+transporting us beyond Seas to be tried for pretended offenses.”
+
+When the Constitution was adopted the people made up their minds that
+nothing of that kind should ever occur again in free America. They were so
+careful that they went so far as to provide that the district where a
+trial shall be held “_shall have been previously ascertained by law_”.
+That is to say, that the place of trial, the county or district where it
+shall be held, must be fixed by law before the crime is committed. The
+courts or the legislature of any State cannot, after a crime is committed,
+pass a law providing that such a crime shall be tried in a district then
+to be named. The law must fix this in advance of the commission of any
+offense. For instance, without such a constitutional provision, a person
+who committed a crime in the State of New York might be taken to
+California to be tried. This would not be American justice. The accused
+would have the right to point to the Constitution of his country and
+demand that he should be tried in New York, and any court which would not
+grant this right would not only violate the oath which every judge takes
+before he undertakes to perform the duties of such office, but his
+unlawful conduct would perhaps result in his impeachment. The proceedings
+would be reversed by a higher court, and the party would be granted a new
+trial at a place and in accordance with his constitutional privileges.
+
+Isn’t it wonderful how the little details which may affect one’s liberty
+were so carefully considered away back there when they were planning the
+Nation and establishing the rules which would guard the rights of the
+people?
+
+ELEMENTARY QUESTIONS
+
+1. Why should all of us be interested in a trial?
+
+2. Describe a court room scene.
+
+3. Why is trial by jury a sacred right? What would it be like if we did
+not have this right?
+
+4. How are jurors selected in your State?
+
+5. Why is the trial to be held in the vicinity where the crime was
+committed? What would be the dangers of taking it far away?
+
+6. Why should the jury be impartial?
+
+7. If the accused person is guilty, why is it advisable to plead guilty?
+
+8. Why is it impracticable to hold a trial immediately after the arrest of
+the accused person?
+
+9. What is the first step in the actual trial?
+
+10. After a jury is selected, what is required of them before the trial
+commences?
+
+11. Why is a speedy trial essential to justice?
+
+12. Why is it important that the trial should be public?
+
+13. State some offenses that are sometimes tried without a jury.
+
+ADVANCED QUESTIONS
+
+A. Can the judge declare an accused man guilty?
+
+B. How is trial by jury an evidence of the rule of the people?
+
+C. Show how this benefits the poor man and the rich man equally.
+
+D. Why are some trials delayed for many months?
+
+E. What is the importance of the clause “shall have been previously
+ascertained by law”?
+
+F. Discuss the relative role of jury and judge in a trial.
+
+G. Write a paper on the following:
+
+
+    The Method of Selecting Jurors in Your State
+
+    Delay in Trial
+
+    The Injustice of Remote Trials
+
+    Trial by Jury vs. Trial by a Judge
+
+    The Procedure of a Trial From Beginning to End
+
+
+
+
+
+XV. THE INDICTMENT
+
+
+     Defendant Must Be Informed Concerning The Accusation Against Him
+
+
+Now, my friends, in order to understand more fully the value of our
+constitutional rights, let us again imagine ourselves in a place of
+danger, danger of our liberty or of our life, and let us recall how
+carefully we have been guarded. To the poorest tramp, or the richest
+millionaire, the same rules apply. Innocent persons may be accused of
+crimes; they may be arrested, but they cannot be brought into court and
+put upon trial until they are fully advised of the charge against them.
+
+The Constitution provides:
+
+“_In all criminal prosecutions, the accused shall ... be informed of the
+nature and cause of the accusation._”(67)
+
+This is the first step in bringing a person to trial. He does not go
+blindly. He must be informed “of the nature and cause” of the charge
+against him. He must be given full knowledge of the crime which it is
+claimed he committed. _How is this done?_ Well, we have to consider the
+constitutional provision that one cannot be put upon trial for an infamous
+crime “_unless on a presentment or indictment of a Grand Jury_”. What this
+constitutional provision means is, that a grand jury shall hear and
+consider the evidence and, if satisfied that a person shall be tried, they
+shall draw up a writing called an “indictment”, which they shall return
+publicly in court. This indictment is a brief statement by which the grand
+jury makes a charge against the person named of having committed a certain
+offense, and the indictment must state not only the name of the offense,
+but the manner, briefly stated, in which the grand jury claims the offense
+was committed.
+
+So that under this constitutional guaranty the person accused knows what
+he is to be tried for. This enables him to prepare for his defense. When
+his attorney is consulted he examines a copy of the indictment. He sees
+what is charged in it. He then talks over with the accused the facts and
+circumstances with relation to the crime charged. He then makes proper
+inquiry. If possible he secures witnesses with relation to the charge and
+thus is enabled to come into court ready to hear the evidence offered by
+the prosecution and ready to introduce witnesses to contradict or explain
+the testimony introduced by the prosecution.
+
+So you see how valuable this right is. One may proceed intelligently, with
+full light upon the alleged transaction. He is not required to stumble in
+the darkness, perhaps to tumble into a pitfall. Without such a provision
+you can see how helpless an innocent person might be if brought suddenly
+before the court for trial for an offense which he never committed. If he
+were not first advised of the nature of the charge and the circumstances
+he might be helpless. You know evidence is brought before the court by
+witnesses who are called by the attorneys for the prosecution and for the
+accused. These witnesses take oath to tell the truth. But, unfortunately,
+witnesses do not always tell the truth. They sometimes commit perjury. One
+must be ready to meet false testimony. By the constitutional guaranty
+requiring that the accusation be in writing, stating the crime and its
+nature, one can be prepared. In many of the States still greater
+precaution is taken to guard against any possible wrong, by requiring not
+only an indictment but also requiring that there shall be furnished to the
+person accused the names of witnesses and a brief statement of the
+evidence which the prosecution expects to offer, this to be furnished
+before the trial commences so that the defendant may get ready to meet it.
+
+Did you ever go into a court when a man was upon trial for a grave
+offense? You should do so. Everyone should do so. But you should go there
+with the proper spirit, not for amusement, not to criticise, but with a
+full realization of the great human drama there being enacted. There at or
+near the trial table you will see the defendant, the man who is being
+tried. He may be a stranger. He may be poor. He may possibly be wicked,
+but he is a human being; and no matter what faults he may have he is an
+American citizen, and under the Constitution of our country he cannot be
+convicted until proven guilty of the particular crime charged in the
+indictment. He sits there while witnesses are telling their stories. You
+will see him watching the jury. Occasionally he looks at the judge. But he
+knows that no matter what the judge may think, he cannot find him guilty.
+The jury and the jury alone can convict.
+
+It is a solemn proceeding, though the lawyers may at times appear to use
+trifling words in their discussions. The prisoner looks through the court
+room window. Outside the sun is shining, the birds are singing, and the
+breezes sway the branches of the green trees. Everything seems to suggest
+liberty and freedom. At no time is liberty so sweet as when it is in
+danger. The prisoner realizes that in a few days the trial will be ended
+and the verdict of the jury will determine whether he shall go out of the
+court room to freedom or to prison.
+
+To-day it is the stranger who is on trial. To-morrow it may be someone who
+is near and dear to you. If such misfortune should come, then you will
+fully realize what a wonderful blessing it is that under our Constitution
+everyone is assured of a fair trial, that a person can only be tried for
+the specific offense stated in the indictment, and that a verdict of
+guilty can only be rendered when the evidence is strong enough to convince
+the jury of guilt beyond a reasonable doubt.
+
+ELEMENTARY QUESTIONS
+
+1. Restate the guaranties that every man has before being brought to
+trial.
+
+2. Why should the accused be informed of the nature of the accusation?
+
+3. What would be the result if he were not so informed?
+
+4. Why is it necessary that this accusation be put in writing?
+
+5. Why is this important to everybody?
+
+ADVANCED QUESTIONS
+
+A. Illustrate the dangers of secret charges.
+
+B. What chance has a person with malicious and secret gossip?
+
+C. Upon a trial can evidence of hearsay or gossip be offered to prove
+guilt?
+
+D. When a person makes a charge against a person and says, “Don’t tell
+anyone that I said this”, what is the effect?
+
+E. Tell some of the dangers and injustices of slander.
+
+F. What is the first step in bringing an accused person to trial?
+
+G. Is it sufficient to charge the defendant with having committed murder
+without any further explanation? Give reasons.
+
+H. What is required of a witness before he is examined?
+
+I. What is perjury?
+
+J. Why is a trial a solemn proceeding?
+
+K. How strong must the evidence be in order that a person may be found
+guilty?
+
+L. Write a paper on the following:
+
+
+    The Need of a Public and Written Charge
+
+    The Danger of the Secret Slander
+
+    How An Accused Person Prepares For His Trial
+
+    A Visit to a Court in Session
+
+
+
+
+
+XVI. GUARDING RIGHTS IN COURT
+
+
+ Confronted By Witnesses—Compulsory Process—Aid Of Counsel—Jury In Civil
+                                  Trial
+
+
+I am sure that no one until he has studied the Constitution, no one
+certainly who is not a trained lawyer, will realize the many safeguards
+necessary to protect persons who may be wrongfully accused of a crime; but
+the framers of the Constitution knew the dangers from the sad experiences
+of innocent men and women who had been sacrificed by tyrants who had but
+little regard for human life or for human liberty.
+
+Of course you now understand that in case an indictment is returned by the
+grand jury, the person accused comes into court, or is brought in, and
+enters his plea of “guilty” or of “not guilty”. If he pleads “not guilty”
+a jury is brought together, “empanelled”, as it is called, and they are
+sworn to hear the evidence, and decide the case according to the evidence.
+
+But in these grave criminal trials, in order that the truth may prevail,
+every accused person is given the right to be confronted by the witnesses
+against him. The Constitution provides:
+
+“_In all criminal prosecutions, the accused shall ... be confronted with
+the witnesses against him._”(68)
+
+What does this mean? It means that the government, the prosecution, cannot
+prove guilt by witnesses who are not present in court where the defendant
+can see them, where they may be cross examined by counsel, where the jury
+may observe them, and study their conduct and demeanor, because this often
+helps in determining whether a person is telling the truth or a falsehood.
+
+In ordinary trials where property alone is involved, a witness may live in
+another State or at some great distance from the place of trial. Witnesses
+cannot be brought a long distance in those cases. In some States they
+cannot be compelled to attend a distance of more than seventy miles. In
+other States, not more than one hundred miles; so that to get their
+testimony, the parties take their depositions. This means that instead of
+bringing the witness into court, the parties obtain an order by which they
+can go to the place where the witness is. There he is sworn before a
+commissioner, or a notary public, examined, and his testimony is taken in
+writing. The testimony is returned to the court where the trial is to be
+held, and is then read to the court or the jury upon the trial.
+
+But in the trial of a person accused of a crime, depositions cannot be
+used against him. Statements of witnesses in writing, or in any other
+form, cannot be used by the prosecution. The witnesses must be physically
+in court before the accused, and there orally testify, and the defendant
+must have the right to cross examine them.
+
+But to give the accused person every possible aid in enabling him to have
+the truth brought before the court and jury, he may take the depositions
+of witnesses in his own behalf. That is, the prosecution—the State or the
+Nation accusing a man of a crime—must prove the truth of the accusation by
+witnesses personally in court confronting the defendant, but the defendant
+is given the privilege of taking the testimony of witnesses at a distance,
+in the form of depositions which are read to the jury.
+
+This provision of the Constitution may be very important to an innocent
+person sometimes. The importance of it may never appear to us until
+unfortunately we be wrongfully accused of a crime, and our life or liberty
+in danger.
+
+Then the Constitution further provides:
+
+“_In all criminal prosecutions, the accused shall enjoy the __ right ...
+to have compulsory process for obtaining witnesses in his favor._”(69)
+
+This is also very important. “Compulsory process” means an order of the
+court, commonly called “subpoena”, which is served upon witnesses by the
+marshal, or the sheriff, or other authorized person, commanding them to
+appear in court for examination before the court and jury as to the truth
+of matters involved in the accusation against a person on trial.
+
+Here I wish you to recall the unfortunate fact that every little while
+somebody is complaining about our government as “a rich man’s government”.
+It is often claimed that the poor have no chance for justice. The truth is
+that the rich and the poor stand equal in the courts. In creating the
+Constitution, it is known of course that someone might be brought before
+the court who was poor, without money, possibly without friends. He might
+be innocent, but in order that his innocence might be established it would
+be necessary for him to have witnesses who might live many miles away, who
+would not come into court to testify of their own free will. Therefore,
+there was inserted in the Constitution this provision, that every
+defendant shall have the right to compulsory process, commanding witnesses
+to appear, and there is no one so poor that he cannot have this privilege,
+because the United States—and in most of the States we have a like
+provision—not only issues subpoenas and compels the officers to serve
+them, but it pays the expense of serving, and pays the witness fees and
+mileage, so that the poor man has all of the rights in getting the truth
+before the court and jury that the richest may have.
+
+Furthermore, in the same American spirit, when persons accused of an
+offense are too poor to employ counsel, the government will furnish
+counsel. The Constitution provides:
+
+“_In all criminal prosecutions, the accused shall ... have the Assistance
+of Counsel for his defence_.”(70)
+
+There is no person so poor, or obscure, or friendless, that when he is
+charged with a crime which might affect his liberty or his life, he shall
+not have the right to a full, fair trial. Not only are his witnesses
+produced and paid by the government, but an attorney is appointed by the
+government to represent him, and help him establish his innocence.
+
+This is a wonderful illustration of the paternal care which is manifested
+for those who may be unfortunate, and this is all because under our
+Constitution, liberty is a sacred thing, and it shall not be taken away
+except in punishment for a crime which has been proven in open court in a
+public trial before a jury, where the party has been confronted with the
+witnesses against him, where he has had a chance to furnish witnesses in
+his behalf and the aid of counsel in his trial.
+
+Then the people who brought the Constitution into being, feeling that so
+far as practicable they should have control of the enforcement of law not
+only in criminal cases, but in civil cases, included a guaranty in the
+Constitution that:
+
+“_In suits at common law, where the value in controversy shall exceed
+twenty dollars, the right of trial by jury shall be preserved._”(71)
+
+Of course there is often more or less controversy about property of small
+value, where the expense and delay of jury trials might possibly be
+oppressive, but in any case involving more than twenty dollars in value,
+triable under the common law, which includes practically all cases except
+those peculiar cases triable in Chancery, or in Courts of Equity, the
+parties are entitled to a trial by jury. That is, instead of introducing
+their evidence and having the judge decide what the truth is between them,
+the parties are entitled to have a jury of men from the ordinary
+occupations of life hear the evidence and say from the evidence what is
+the truth.
+
+And furthermore, the people provided in the Constitution that:
+
+“_No fact tried by a jury shall be otherwise re-examined in any Court of
+the United States, than according to the rules of the common law._”(72)
+
+Here again is the right to a jury trial, and the benefit of a jury trial,
+and to a trial according to the established rules and precedents of the
+common law courts carefully preserved.
+
+Now my friends, I know that there is much confusion in your minds about
+trials in court. I do not expect you to know all about trials. We are
+studying the guaranties of the Constitution so that we shall learn human
+rights—our rights—under the Constitution. I am talking to you about the
+safeguards of the Constitution so you shall know your rights, especially
+so that you will always venerate the Constitution which guards your
+rights, and defend it against those who may assail it. But I do want you
+to have a clear idea of what a trial in court is. I want you to know the
+purpose of the long days of examination of witnesses, the objections of
+the attorneys to certain questions asked, the rulings of the court, and
+the arguments of counsel.
+
+_The main purpose, aim, and object of every lawsuit_, as trials are
+usually termed by people who are not lawyers, _is to find the truth_. The
+proceedings in court in every lawsuit are a continuous search for the
+truth. If in disputes we could agree to what the truth is, there would be
+few lawsuits to try.
+
+A lawsuit only arises where there is a dispute to settle. If people agreed
+about their rights there would be little need of courts. In criminal
+cases, the government through the grand jury charges by indictment that a
+man committed a certain crime. The government says the man did it. He
+denies it by a plea of not guilty. He says he did not. The trial before
+the petit jury is merely a search for the truth about the charge. _What is
+the truth about the matter in dispute_, that is all that is involved in an
+ordinary lawsuit.
+
+Picture two boys in a dispute about which owns a ball. One positively
+asserts that it is his, that his father bought it and gave it to him. The
+other is just as sure that it is his. He says that his brother gave it to
+him. They quarrel so excitedly that a neighbor coming across the street
+asks the cause of the trouble. They tell him their claims and ask him to
+decide. One boy points out a rough spot on the ball which he insists was
+caused by a blow from his bat while he was playing in his own yard. The
+other says that his brother gave him a ball with red and white stitches.
+The neighbor, after hearing these and many other claims, decides the case,
+giving the ball to the boy whom he finds to be the owner.
+
+In this we have every element of a lawsuit. The dispute, the court (the
+neighbor), the witnesses (the boys), and the judgment based upon what the
+neighbor finds to be the truth from the evidence before him. That is all
+that any court or jury can do, but under the Constitution in cases
+involving life or liberty every possible safeguard is provided so that the
+truth may be found, so that justice may be done.
+
+ELEMENTARY QUESTIONS
+
+1. Why should all witnesses for the prosecution speak in the actual
+presence of the accused?
+
+2. Why should the accused be allowed to have testimony in his favor
+submitted in writing?
+
+3. In what cases is written testimony ordinarily admitted?
+
+4. What is compulsory process?
+
+5. In what ways does the Constitution aid the poor man?
+
+6. In what cases may there be a trial without a jury?
+
+7. What is the main purpose of any lawsuit?
+
+8. What is meant by cross-examination of a witness?
+
+ADVANCED QUESTIONS
+
+A. In what way do these provisions sustain the fact that our government is
+a democracy?
+
+B. Is a person more likely to commit perjury when not actually facing the
+person accused? Give reasons.
+
+C. What is the provision of the Constitution as to “compulsory process”?
+Explain the importance of this right.
+
+D. Explain the provision of the Constitution as to the right to have
+counsel.
+
+E. Show how compulsory process and free counsel help the poor man.
+
+F. Why is jury trial omitted in small controversies?
+
+G. What is a “civil” case?
+
+H. Write a paper on the following:
+
+
+    How Perjury is Detected
+
+    Oral and Written Testimony
+
+    How the Poor Man is Protected
+
+    The Purpose of a Trial in Court
+
+    The Story of a Tramp Without Money, Accused of an Offense: How the
+    Constitution Helps Him
+
+
+
+
+
+XVII. PUNISHMENT
+
+
+Prohibition Of Excessive Bail Or Fines, Cruel Or Unusual Punishments, And
+                          Involuntary Servitude
+
+
+Before we finish, I want you to have in your mind a clear conception of
+the way in which a person accused of an offense is brought before the
+court, tried, and convicted or acquitted.
+
+I have already explained that the first step is the arrest of the
+suspected person.(73) Again put yourself in the place of the suspected
+person.
+
+You are arrested. It is the duty of the officer making the arrest to bring
+you into a court, but this is not generally to a trial court. A person is
+generally brought before what is called a committing magistrate, a justice
+of the peace or commissioner—some person having authority to issue
+warrants of arrest. You may be far from home and friends when you are
+arrested. You may be entirely unacquainted in the neighborhood. The
+government is not ready to proceed to your trial. Witnesses must be
+summoned, not only for the government, but if you have witnesses you
+desire to use, they must be brought in.
+
+The general rule is to set the case for hearing—a “preliminary hearing” in
+a day or two, or a week possibly. You must therefore wait until this time
+comes. What are you going to do? Must you go to jail until they get ready
+to have the hearing? No, you are entitled to bail; that is, you are
+entitled to be discharged upon a bond fixed by the magistrate,
+commissioner, or judge. There are usually only two offenses which are not,
+as the saying is, bailable—murder and treason. Usually where murder or
+treason is charged, the person is not admitted to bail. He is locked up in
+a cell to await trial; but as a general rule, when a person is arrested
+his bail is fixed—that is, the amount of the bond which he must file in
+order to be discharged pending the trial. For instance, if it were a
+charge of stealing a bicycle, the court might fix the bail at $500 or
+$1000. That would mean that if he would file a bond, with sureties,
+conditioned that in case he did not appear for hearing—that he should run
+away, for instance—the sureties would pay into the court the amount of the
+bond. Mostly any person of fair standing in a community can secure some
+friends who will sign such a bond, so that he may have his liberty until
+the trial.
+
+But the framers of the Constitution, again anxious about the liberties of
+the people, provided:
+
+“_Excessive bail shall not be required._”(74)
+
+There were many instances in the olden days where bail was purposely fixed
+so high—so far beyond all reason in view of the nature of the offense that
+the party could not furnish the bail, the purpose being to compel the
+party to remain in prison. Our Constitution guarantees to every individual
+that the amount of bail fixed shall be reasonable in view of the nature of
+the offense and if it is not reasonable, the person arrested may have the
+matter brought before the court, who will make full inquiry, and reduce
+the amount of the bail if found to be too large.
+
+All through these guaranties of the Constitution, all through these
+provisions guarding the sacred rights of every person, you will see that
+the effort is that justice shall be done, not injustice; that right shall
+prevail, not wrong. That no one shall be kept in prison, deprived of his
+liberty, unless absolutely necessary in the interest of justice.
+
+Then after a trial, if a person is found guilty, the Constitution again
+guards the rights even of the guilty, by providing:
+
+“_Excessive fines (shall not be) imposed, nor cruel and unusual
+punishments inflicted._”(75)
+
+When this constitutional guaranty was written persons then living could
+recall without doubt the barbarous punishments which had been imposed in
+civilized countries even for light offenses. Common hanging was not
+regarded as sufficient punishment. “Hanged, drawn and quartered” was often
+heard in the courts of countries which had been left behind. It was
+nothing uncommon to see persons upon the roadside in England left hanging
+to the gibbet for long periods of time where the people could see them as
+a warning. It was not uncommon in those times to have a penalty of death
+imposed for the offense of stealing.
+
+It is almost impossible to read of the punishments of the olden days, even
+under decrees of courts, without a shudder. Therefore, every one in
+America should be filled with gratitude that in the adoption of our
+Constitution these excessive cruelties were forever ended.
+
+We have in this country the death penalty only for the most grave
+offenses, and it is seldom imposed. Imprisonment is generally regarded as
+just and sufficient. I might spend an hour if we had time, telling you
+something of the horrible dungeons which served as prisons in the olden
+days, into which God’s sunlight seldom entered; of the chains the
+prisoners had to wear; of the starvation; yes, and of the
+lash—inhumanities which one can scarcely conceive, and which can never
+disgrace the civilization of America.
+
+Again, carefully guarding the rights and liberties of the people we find:
+
+“_Neither slavery nor involuntary servitude, except as a punishment for
+crime whereof the party shall have been duly __ convicted, shall exist
+within the United States, or any place subject to their
+jurisdiction._”(76)
+
+This is not a part of the original Constitution. It was adopted after the
+war had driven slavery from our shores. The spirit of America has from the
+beginning been exerted in enlarging the rights of human beings. Slavery
+existed before the adoption of the Constitution, and so strongly was it
+intrenched at that time in some of the colonies that it was impossible
+then to wipe it out.
+
+But it did not belong in America, and the time came when the American
+people, after a long bitter war, crushed the slave power, and swept from
+our shores the last vestige of involuntary servitude. That it might not be
+renewed, the people amended the Constitution so as forever to bar slavery
+or involuntary servitude except as men might be put in prison in
+punishment for crime after a full, fair trial.
+
+Did you ever read of the debtor’s prison? It used to be in nearly every
+country in the world, that men who were merely unfortunate, who got in
+debt and who could not pay when the debt was due were sent to prison, and
+kept there sometimes for long periods. It was most cruel, because in many
+instances the persons were honest. They wanted to pay their debts, but
+sickness came, or floods, or fire, or other misfortune, and when the time
+came they were unable to pay and thus they lost their liberty.
+
+In those olden days, men were not only imprisoned, but in some countries
+they were compelled to labor for the person whom they owed. They were
+compelled to be slaves.
+
+But at last we have reached a stage in America, where no one may be
+compelled to work for another, unless by his own free will, except under
+conviction of a crime where the State may compel prisoners to work for
+some one in order to help pay the expense of maintaining them.
+
+The old debtor’s prison is gone. No one in this country can now be
+imprisoned for an ordinary debt. There are a few States in which a person
+may be imprisoned for debts arising in fraud, but for an ordinary contract
+debt, mere inability to pay, no one in America can now be compelled to
+submit to imprisonment.
+
+I wish sometime you would think seriously about what America has done for
+the poor. In the olden days they had few if any rights; but to-day in
+America, while by law we cannot prevent sickness nor sorrow, or other
+misfortune, we can and we do guard the liberty of the poorest and the most
+unfortunate. In fact many laws have been enacted which give to the poor
+special privileges which are denied to those who have property or money.
+
+For instance in nearly every State there are what are called exemptions
+for a person who is the head of a family, which protect him even in the
+possession of a limited amount of property which his creditors cannot take
+away from him in payment of a debt. In most of the States laborers may
+hold the earnings of a certain period, for instance ninety days, for
+support of themselves and their families, which no one can touch, which no
+officers and no court can seize in payment of a debt. Also they are
+protected in their household goods, their clothing for themselves and
+their families, and in many other ways.
+
+The farmer who may be heavily in debt is protected for himself and his
+family by having exempted to him a team of horses, harness and wagon,
+machinery, farm utensils, and food and clothing for the family.
+
+I have not time to relate all that has been done by America in sympathetic
+aid of the poor and the unfortunate. No other country in the world has
+given such consideration to the poor as has America.
+
+We hear much talk of social injustice, that the poor man has no chance.
+The truth is that more has been done in America during the past
+twenty-five years to provide justice for the poor and unfortunate and for
+those who toil, than was done in any other country of the world during the
+last one thousand years. The spirit of America is right. The people have
+the power. They are right at heart. The only weakness in America is the
+failure of many thousands of our men and women to take an active interest
+in the affairs of government. Hundreds of thousands, yes millions, of our
+voters fail to go to the polls on election day to vote. They do not seem
+to feel any gratitude for the privilege of living in a free country where
+liberty is guarded by written guaranties of a Constitution which cannot be
+changed, except by the will of the people themselves.
+
+ELEMENTARY QUESTIONS
+
+1. After a person is arrested where is he generally taken by the officer?
+
+2. If the hearing is postponed, what is generally done with him in the
+meantime?
+
+3. What is bail?
+
+4. What offenses are not bailable?
+
+5. What is the constitutional guaranty as to bail?
+
+6. Why should excessive bail be prohibited? What would be the injustice of
+this practice?
+
+7. What happens when a person “out on bail” fails to appear in court at
+the time set? Is he relieved of further punishment?
+
+8. If a magistrate fixes excessive bail, what may the accused person do in
+order to have it reduced?
+
+9. Name some cruel and unusual punishments?
+
+10. When was slavery in America abolished?
+
+11. What was a debtor’s prison?
+
+12. How does America protect the poor? Can a debtor be put in prison for
+failing to pay ordinary debts?
+
+13. What is meant by “exemptions” in relation to property and debts?
+
+ADVANCED QUESTIONS
+
+A. Explain the injustice of requiring excessive bail?
+
+B. When a judge determines the amount of bail, what factors does he
+consider?
+
+C. What is the purpose of punishment?
+
+D. Discuss the movement for prison reform.
+
+E. What is the purpose of the bankruptcy law?
+
+F. Write a paper on:
+
+
+    Cruel and Unusual Punishments
+
+    Punishment and Crime in the United States
+
+    How America Protects the Poor Man
+
+    The Reformatory Versus the Penitentiary
+
+
+
+
+
+XVIII. EQUAL RIGHTS OF CITIZENS
+
+
+All Citizens Entitled To Equal Privileges And Immunities—Right To Vote Not
+                                 Abridged
+
+
+The great achievement in American government was the establishment of a
+Nation composed of independent and sovereign States. It was not an easy
+matter to bring all these States together as one government, so that there
+would be harmony and unity; but the framers of the Constitution succeeded
+in a wonderful way in adopting rules and regulations—the
+Constitution—which made this the most powerful and the most peaceful
+Nation in the world.(77)
+
+Only once has there been any serious question between the States, and the
+Civil War settled that forever. Following the war, to bind the States more
+firmly together by the establishment of the rights of citizens of the
+various States, an amendment to the Constitution was adopted in 1868, by
+the people of the Nation, which is as follows:
+
+“_All persons born or naturalized in the United States, and subject to the
+jurisdiction thereof, are citizens of the United States and of the State
+wherein they reside. No State shall make or enforce any law which shall
+abridge the privileges or immunities of citizens of the United States; nor
+shall any State deprive any person of life, liberty, or property without
+due process of law; nor deny to any person within its jurisdiction the
+equal protection of the laws._”(78)
+
+This portion of our Constitution establishes the citizenship of every
+person born or naturalized in the United States, and guarantees the rights
+of such citizens, not only in the State where he lives, but in any State.
+No State has the power, since the adoption of this amendment, to make or
+enforce any law which shall abridge the privileges, rights, or immunities
+of citizens, no matter in what State they may make their home.
+
+By this amendment all States are prohibited from enacting any law, or
+permitting any procedure of their courts, which shall “deprive any person
+of life, liberty, or property, without due process of law”.
+
+You will recall that immediately after the adoption and approval of the
+original Constitution there were ten amendments adopted which became
+effective in 1791, in one of which it was provided that no person “shall
+be deprived of life, liberty or property, without due process of law”.
+This forever barred the United States government from depriving the
+humblest citizen of his life, his liberty, or his property, except through
+the regular processes of the law which we have heretofore considered; and
+by the amendment of 1868 the same restriction was placed upon every State
+in the Union, thus completing the guaranty to every man, woman, and child,
+that life, liberty, and property would be safe and sacred. No power exists
+in the State or Nation by which life, liberty, or property may be
+interfered with, except through the tribunals established by the people
+themselves to hear and determine in a judicial way after proper notice
+with full opportunity to be heard in a public trial.
+
+No secret schemes can be devised which will interfere with the rights of
+the humblest citizen, no power can be created strong enough wrongfully to
+invade the right to life, liberty, and property. These guaranties, being
+written into the Constitution, will stand forever, unless the people by
+their own choice shall throw away these great guaranties and destroy these
+great blessings.
+
+Then following the Civil War, the people of America adopted the following
+as part of the Constitution of the United States:
+
+“_The right of citizens of the United States to vote shall not be denied
+or abridged by the United States or by any State on account of race,
+color, or previous condition of servitude._”(79)
+
+You remember the Emancipation Proclamation by President Lincoln which
+struck the chains from the limbs of men and women and children who had
+been slaves for generations. They were human beings, though of the colored
+race. They were lifted from the position of slavery to the dignity of
+citizenship, and clothed with power to help in the government of their
+country by being given the privilege of going to the ballot box to vote.
+To establish this right and protect this privilege for all time, this
+amendment to the Constitution was adopted by the people of the United
+States. It was a bold thing to do, to clothe a subject race which had
+little opportunity for education with the rights of citizenship. No nation
+in the world ever before attempted such a wonderful and radical
+experiment; but the people of America, having real confidence in human
+beings, regardless of color, race, or creed, assumed the responsibility of
+admitting the former slaves as part of the power of government in this
+country.
+
+Of course you realize that the value of a citizen to his country, when it
+comes to voting and making laws, depends upon his knowledge of public
+affairs, and his confidence in his government; and therefore education is
+absolutely necessary to real service to one’s country. That is one of the
+big objects of education—to qualify persons for full citizenship.(80)
+
+Too many of us consider the right to vote simply as a privilege to help
+some neighbor to be elected to some public office. This view is all wrong.
+Our country is first, and we never should help a neighbor to be elected to
+an office unless that neighbor can help to make this a better
+government.(81)
+
+When we elect any one, we are selecting a servant to represent us, to act
+for us. Therefore great care should be exercised in selection. We must
+inquire not only whether the person is good and virtuous, but also whether
+the person is useful, and has right ideas about public service.(82)
+
+If congressmen, judges, legislators, mayors, or other public servants are
+not honestly or truly representing the people, if they are not carrying
+out the will of the people in their official actions, this simply proves
+that the people have not selected the right kind of men to represent them.
+There are honest men; there are men who are tried and loyal and patriotic.
+They are our neighbors. We have the choice of selecting them if we want
+to. _The truth is_ that nearly all public officers are honest and
+patriotic. The truth is that as a rule they try to do what the people
+want. But _the truth is_ that the majority of the American people take so
+little interest in public affairs that they make no effort to have their
+servants in public life know what they do want. People are ready to
+criticise if a mistake is made, but they will do little to help avoid
+mistakes.
+
+I’ll tell you what I would like to see. I’d like to see this assembly room
+in this school filled one night each week with children and men and women,
+with parents and teachers. It would be a real community meeting to talk
+over community, State, and National matters. I would like to see such a
+meeting in every school in this city, in this State, and in the Nation. I
+wish someone would start a movement to have the movies closed one evening
+each week, so that the people might have at least one night to give some
+little consideration to the serious problems of life. “Eternal vigilance
+is the price of liberty.” Vigilance means watchfulness, care, and thought.
+Every man, woman, and child in America should watch and pray that our
+liberties so dearly bought with the life blood of heroes should not be
+taken away.
+
+ELEMENTARY QUESTIONS
+
+1. Show how the United States gave citizens of the different States equal
+rights.
+
+2. Who can vote in the United States? Who are citizens of the United
+States?
+
+3. Is the power to vote simply a privilege?
+
+4. Why is it that our representatives sometimes do not truly represent us?
+
+5. How can we interest people in voting?
+
+ADVANCED QUESTIONS
+
+A. Show how it is important that people should have equal rights in the
+various States.
+
+B. Give some illustrations of the variations from State to State of
+certain local laws, such as automobile laws, etc.
+
+C. If the law of New York limits the speed of an automobile to 25 miles
+per hour and the law of Massachusetts limits the speed to 20 miles per
+hour, can a citizen of New York travelling in Massachusetts legally
+operate his car at 25 miles per hour? Under like circumstances can a
+citizen of Massachusetts while in New York operate his car at 25 miles per
+hour?
+
+D. Show in detail the dangers of not voting.
+
+E. How may a person obtain citizenship?
+
+F. What has education to do with citizenship or voting?
+
+G. Should you vote for a neighbor simply out of friendship? What should be
+taken into consideration?
+
+H. Discuss Roosevelt’s definition of a good citizen given in Note 5.
+
+I. Outline a proper program for a community meeting.
+
+J. Write a paper on the following:
+
+
+    The Privileges of the Citizen
+
+    The Danger of Not Voting
+
+    The Ballot—An Obligation Not a Privilege
+
+    How to Become a Naturalized Citizen
+
+    Voting and other Duties of Citizenship
+
+
+
+
+
+XIX. WRIT OF HABEAS CORPUS
+
+
+ The Privilege Of The Writ Of Habeas Corpus Not To Be Suspended Except In
+                                   War
+
+
+Here is something in our Constitution which I suppose you have read, but
+which you probably do not understand. That is, you probably do not
+understand its real value, not to somebody else, but to yourselves,
+because all of these provisions of the Constitution are for each one of
+us.
+
+We may go along through life, never being placed in a position where we
+will have to call upon the Constitution to defend us. Most of our people
+are peaceful and just, and it isn’t often that the rights of innocent
+persons are attacked or invaded. It isn’t often that an innocent man is
+arrested for a crime, and yet such a thing may occur any day to any one of
+us. You may rest assured that such things do not occur as often as they
+would if the Constitution did not stand as a barrier to protect innocent
+persons. These great constitutional guaranties are not only valuable when
+we want to assert our rights, but they are valuable as a restraint upon
+wrongdoers.(83)
+
+Now here is this provision:
+
+“_The Privilege of the Writ of Habeas Corpus shall not be suspended,
+unless when in Cases of Rebellion or Invasion the public Safety may
+require it._”(84)
+
+What is a “writ of habeas corpus”? “Habeas Corpus” is a Latin phrase,
+which in English means “you may have the body”. A writ of habeas corpus is
+a writ directed to the person detaining another, or holding him in prison,
+commanding him to produce the prisoner at a certain time and place before
+a court or judge, so that the right of imprisonment or restraint may be
+inquired into. It is an ancient writ, recognized as far back in English
+jurisprudence as 1679. It was used against the king in the reign of Henry
+VII, and on through the later years. It was recognized from time to time,
+sometimes entirely denied, and again given force.
+
+But as applied to you and to me, what does it signify? Suppose on your way
+home this evening, some person should seize you and force you to go to
+jail, and lock you up. No charge is made against you. You are innocent of
+any offense. You sit there in the cell wondering what it all means. You
+cannot even communicate with your parents or friends. The jail is built of
+stone, the iron bars are strong, and you are helpless.
+
+Well, in the olden days, many a man and woman had such experiences, and
+many a man and many a woman lay in jail for long periods without any
+charge, or any trial, deprived of liberty, utterly powerless.
+
+Now as I said, suppose you were in jail to-night—not even permitted to
+communicate with a friend or with a lawyer, and your father found out
+where you were. He could not go and break down the prison walls. He could
+not even talk to you; but if he were familiar with the Constitution of the
+United States and of his State—because there is a like provision in the
+Constitutions of all States—if your father understood his constitutional
+rights, he would at once apply to some court or judge for a writ of habeas
+corpus. It would be a simple matter. He would set out in writing the
+facts, simply the story that you were seized and were imprisoned
+wrongfully, and he would ask that a writ of habeas corpus issue, and this
+request, no court or judge can deny. He would promptly issue the writ,
+which would be in writing directed to the person keeping you in jail, or
+the keeper of the jail, or some one who was aiding in keeping you in jail,
+and this writ would command such person to have you brought before the
+court at once, “commanding him to produce the body of the prisoner at a
+certain time and place”. You would be brought there, and the person having
+you in jail would have to show cause for such conduct. Unless legal cause
+were shown, the judge would promptly discharge you, and the person who had
+committed the wrong against you would probably receive proper punishment,
+after a trial, for his wrongful act.
+
+Now there were long periods of time in England when the right to a writ of
+habeas corpus was suspended, during which time a person wrongfully in
+prison had no relief and no remedy, when helpless men and women starved
+and died. So when the Constitution was adopted, the people of America were
+careful to see that the following guaranty was written therein:
+
+“_The Privilege of the Writ of Habeas Corpus shall not be suspended_”.(85)
+
+Under our Constitution this may be done only “in case of rebellion or
+invasion” when “public safety may require it”. For instance, in the World
+War, which you all remember, some dangerous person, some traitor, might
+have been arrested by the military authorities and detained in custody,
+and he could not be discharged upon a writ of habeas corpus, because a
+state of war existed, and public safety required that he be held. Of
+course in times of war persons engaged in the military service are not
+entitled to a trial in a civil court for their offense. They are tried for
+military offenses by court martial. That is a military court, where the
+judges are military officers, ordered by their superiors to sit and hear
+the evidence. There is not much formality. In grave offenses prompt action
+is necessary. Spies are caught, the courts organized, the evidence taken,
+a finding of guilty made, and the party shot, all perhaps within
+twenty-four hours. These are the necessary awful consequences of war. But
+can’t you see now what a sense of security this little provision of our
+Constitution ought to bring to each one of us? We always know that in case
+of our wrongful arrest, a writ of habeas corpus will bring us before some
+court where we may have prompt inquiry into the reasons for invading our
+right to liberty, and prompt order for discharge if the arrest is not
+justified.
+
+This writ issues not only in behalf of persons confined in jails and
+prisons, but also in every case where one is held by force against his
+will by another person, because this is a free country, and no man,
+whether a private citizen or public officer, has any power to restrain
+another against his will, unless such restraint is under legal proceedings
+with all the safeguards of the Constitution.
+
+I remember a case when unfortunately a father and mother were separated
+and divorced. Their little boy was left with his mother. The judge decided
+that the father was a bad man and that he was not worthy to have charge of
+his son.
+
+A few months later that father went to the house where the mother and boy
+lived, watched behind the hedge until the little boy was at play in the
+yard, when he seized him, jumped in an automobile which was waiting for
+him in the woods, and drove away at great speed. He took the boy to a
+boarding school in a neighboring State, telling the principal of the
+school that he wanted the boy safely kept until he should return from
+Europe. After many days the sheriff with the aid of detectives found where
+the boy was. The mother came to the school. Of course she was filled with
+joy when she saw her son. She thought that she could take him away with
+her at once, but the principal would not consent. He said that he had no
+knowledge of whether or not she was the boy’s mother; that she had no
+right to take him away; and that his duty was to return the boy to the man
+who had left him in the school. The appeal of the mother and the tears of
+the boy were in vain.
+
+At last she had to leave the boy. She at once consulted a lawyer. He
+prepared a written application asking that a writ of habeas corpus be
+issued, commanding the principal of the school to bring the boy before the
+judge, that the judge might hear the evidence, and make an order releasing
+the boy from the school and placing him in the charge of his mother. The
+writ was issued by the judge. An officer went to the school, read the writ
+to the principal, who promptly brought the boy to the court room.
+
+There the judge heard the story of the mother and the simple tale of the
+little boy, he examined certified copies of the order of the court
+awarding the custody of the boy to his mother, which the sheriff had
+procured, and then he very promptly ordered the principal of the school to
+give the boy to his mother. The principal was of course glad to do so,
+when he found that the father had done wrong.
+
+This is only one of hundreds of cases where the writ of habeas corpus
+releases someone from wrongful confinement. Such wrongful confinement may
+be in a school or in a home or in a jail or in a dungeon or in a dark
+cellar. No matter where, the writ of habeas corpus does not stop at locked
+doors or barred windows or stone walls. An officer with such a writ can
+break and enter if necessary. No obstacle can be allowed wrongfully to
+deprive an American citizen of his liberty.
+
+ELEMENTARY QUESTIONS
+
+1. What is a writ of habeas corpus?
+
+2. What does “habeas corpus” mean?
+
+3. When was it recognized in England?
+
+4. When may it be suspended in America?
+
+5. Just what does it mean to the average citizen?
+
+6. Can you think of a time when it might be valuable to you?
+
+7. What is martial law?
+
+ADVANCED QUESTIONS
+
+A. Just when is a writ of habeas corpus likely to prove valuable?
+
+B. Why is it called “the most famous writ of the law”?
+
+C. Show how it affects the poor man.
+
+D. Show how it makes for democracy.
+
+E. Write a paper on the following:
+
+
+    Abuses Found Before the Writ of Habeas Corpus Was Recognized
+
+    Cases Where It was Used Locally
+
+    The Experience of the Arrest of an Innocent Man Who Was Unable to
+    Furnish Bail
+
+    A Court Martial
+
+
+
+
+
+XX. OTHER PROHIBITED LAWS
+
+
+   No Bill Of Attainder Or Ex Post Facto Law May Be Passed By Congress
+
+
+This morning I have something else for you which you probably do not
+understand, something that you can hardly imagine would interest you
+personally; but as I have often repeated, always bear in mind that every
+single clause of the Constitution is made for each and every one of us, no
+matter what position we may have in life.
+
+The framers of the Constitution said:
+
+“_No Bill of Attainder or ex post facto Law shall be passed._”(86)
+
+What does “attainder” mean? It means the extinction of civil rights and
+capacities and powers, which under the law in the olden times took place
+whenever a person was convicted of treason, or of a crime for which the
+death sentence was imposed. It means that all the estate of the convicted
+person, all his land, money, or other property, was forfeited to the
+government; so that upon his death nothing passed by inheritance to his
+heirs. As it was expressed, his blood was “corrupted”. He could not sue in
+a court of justice. He was helpless to defend any right of himself or his
+family.
+
+By “bills of attainder”, which were legislative acts imposing that penalty
+on the accused without giving him any hearing in a court, many persons
+were deprived of their rights and their possessions in the centuries which
+have gone by, in order that such rights and such possessions might go to
+some favorite of the government. Of course no one would have much sympathy
+for a person who might be actually guilty of treason, or guilty of a great
+crime which involved a death penalty; but in the olden days innocent men
+were often charged with treason and punished. Conspiracies were formed to
+get rid of certain individuals who might be an obstacle to the achievement
+of base ambitions.
+
+The abuses arising out of the imposition of attainder became so grave that
+in the time of Queen Victoria a statute was passed in England abolishing
+the extreme penalties which followed it.
+
+In some of the colonies in this country, before the Constitution was
+adopted, acts of attainder were passed and enforced; but when the
+Constitution was finally adopted, bills of attainder were forever barred.
+
+Don’t you see the spirit of charity which is manifest in this, just as in
+the entire Constitution, charity even for wrongdoers, charity for the
+weaknesses of men? Wrongdoers of course must be punished, yet the
+Constitution wipes out harsh and brutal methods which were common in the
+days before America came into being.
+
+No “ex post facto law” shall be passed. _What does that mean?_(87) If a
+person does an act, which at the time of the doing of the act is not a
+criminal offense, the Congress of the United States, with all its power,
+cannot make that act, innocent when done, a crime. Yet this used to be
+done in the old days. You can imagine how in those days a brutal
+government being desirous of getting rid of some objectionable person, but
+desiring to have its acts appear legal, might find that he had done some
+act which was not punishable under the law; but through a corrupt
+legislative body, it might so legislate as to make the act a criminal
+offense, and thus have the person tried and convicted.
+
+A person might commit an offense for which there was a moderate
+punishment; and the legislature might, after the commission of the crime,
+but before he was tried, increase the penalty. For instance, if there were
+a penalty of two years imprisonment for stealing a horse, and some
+neighbor was guilty of stealing a horse, thus leaving himself, when
+convicted, subject to two years imprisonment, all the powers of the United
+States government, all the powers of Congress, all the wonderful power of
+the people of the country could not change the penalty, could not, for
+instance, amend the law so as to provide a five year penalty instead of
+two, so as to affect this neighbor who had stolen the horse before this
+time. He could, if convicted, be sentenced to two years, but no more.
+
+You may think that those who adopted the Constitution must have been
+suspicious of Congress, or the people in thus carefully preventing wrongs
+against individuals accused of a crime—yes, individuals who had actually
+committed a crime; but you can readily understand why they were so
+careful. The conduct of the governments of the world had been such before
+that day that suspicion was justified. The Constitution was made for the
+individual—for men, women, and children—to guard their rights against the
+abuse of power; and in fact most of the wrongs of the world have had their
+origin in the abuse of power. The Constitution guards the humblest person
+against abuse of the power granted to the government, as well as against
+the wrongs of our neighbors.
+
+The people in this country have great power—absolute power. This power may
+be expressed in laws enacted by Congress or by the legislatures of the
+States, except in those things which the people themselves in the
+Constitution of the United States, and in the Constitutions of the
+different States, have placed beyond even their own power.
+
+Of course these provisions of the Constitution, as all provisions of the
+Constitution, may be changed by the people, but not by a mere majority of
+the people. These constitutional provisions relate to sacred rights, and
+they may not be changed except upon mature deliberation, and by a vote
+which represents the sentiment of at least a majority of the people of
+three-fourths of the States.
+
+So I hope you can realize that when the framers of the Constitution
+prohibited bills of attainder, and prohibited the enactment of the ex post
+facto laws, they were doing something for the people of this country. They
+had the rights of the people in mind—the rights of the humble and perhaps
+unknown, as well as the rights of those in high places. I do not expect
+you to study the details of these provisions of the Constitution relating
+to bills of attainder and ex post facto laws. You will probably never have
+to enforce these rights which are given to you under the Constitution. I
+hope you will not; but the important thing which I always want you to bear
+in mind is, that these guaranties of the Constitution are in existence and
+that they confer upon you certain powers which may be asserted to protect
+your liberty if occasion should ever arise.
+
+I am sure you realize that at the beginning of the life of the American
+Nation, extreme care was exercised by those who framed the Constitution,
+to guard the people at every point against injustice and wrong, whether
+exercised by private individuals or by public officials.
+
+Understanding these things—feeling these things, will give you a new sense
+of power, of pride, and of duty, as citizens of this great Nation.
+
+ELEMENTARY QUESTIONS
+
+1. What does attainder mean?
+
+2. What was the effect of a bill of attainder on the family of a man who
+was convicted?
+
+3. Why does the abolition of attainder show the charity of the founders of
+the Constitution?
+
+4. What is an ex post facto law?
+
+5. How would this kind of a law be unjust?
+
+6. How could a strong, powerful, and dishonest man work injustice by means
+of such a law?
+
+ADVANCED QUESTIONS
+
+A. Show how attainder worked in England in the early days.
+
+B. What were the abuses found under such a law?
+
+C. Show how its abolition made for democracy.
+
+D. Show how the abolition of ex post facto laws made for democracy.
+
+E. Write a paper on the following:
+
+
+    The Injustice of Attainder
+
+    The Injustice of an Ex Post Facto Law
+
+
+
+
+
+XXI. TITLES, GIFTS, TREASON
+
+
+Prohibition Of Titles And Foreign Gifts—Treason, Its Trial And Punishment
+
+
+America is a democracy. It was the plan from the beginning that it always
+should be a democracy. The human race had suffered much from royalty, from
+kings and emperors, and queens and princes. Human nature is weak. We are
+all more or less attracted by people with titles. Story books which we
+read in childhood exalt the “lords” and “ladies” and “princes”, and I
+regret to say that the history of lords and ladies and princes does not
+always justify the pictures which our story books would paint for us.
+
+The men who framed the Constitution had just finished a life and death
+struggle with royalty—a struggle between the people and a king, and the
+people had won. They were determined that the blighting influence of royal
+power should never again find a place on American soil. Therefore they put
+into the Constitution:
+
+“_No Title of Nobility shall be granted by the United States: And no
+Person holding any Office of Profit or Trust under them, shall, without
+the Consent of the Congress, accept of any present, Emolument, Office, or
+Title, of any kind whatever, from any King, Prince, or foreign
+State._”(88)
+
+Never before in the history of the world was such a bold thing done. These
+words reflect the spirit of the Revolution. They mark the turning point in
+the history of human governments. They proclaim the final establishment of
+the government by the people—the first real government by the people that
+the world ever knew.
+
+I wonder if those who criticise the government of America who complain
+that in this country the people have no chance, ever read these glowing
+words of our Constitution. It isn’t so much the words, but the spirit in
+which they were made a part of our Constitution, the spirit in which the
+young Nation proclaimed to the world eternal separation from kingly power.
+
+I find all through the Constitution an expression of grim determination to
+fortify the Nation against any influence which would weaken the supreme
+power of the people, which would in any way interfere with the plan to
+make this a government by the people.
+
+In many provisions of our Constitution we find expressions which show how
+humane America is.
+
+_We hate treason._ In fact there is no crime so dark, so awful, as
+treason. But in the history of the world, treason has meant many things,
+and unfortunately treason has been made not only the instrument of those
+who sought the destruction of the governments, but it has sometimes been
+made the instrument of tyrants in suppressing the rights, and in crushing
+the hopes of the people. It all depends on what is meant by treason.
+
+In the olden days we find men charged with treason when the offense was in
+fact very slight—perhaps a just resistance to the king, perhaps merely an
+assertion of natural human right against the king.
+
+The government of the United States being intended to protect the
+liberties of the people, the Constitution put a bar against prosecution
+for treason, except where the accused was actually an enemy of his
+country, endeavoring to aid in the destruction of his country. We are here
+told what treason is:
+
+“_Treason against the United States, shall consist only in __ levying War
+against them, or in adhering to their Enemies, giving them Aid and
+Comfort. No person shall be convicted of Treason unless on the Testimony
+of two Witnesses to the same overt Act, or on Confession in open Court._
+
+“_The Congress shall have power to declare the Punishment of Treason, but
+no Attainder of Treason shall work Corruption of Blood, or Forfeiture
+except during the Life of the Person Attainted_.”(89)
+
+We see all through the Constitution a splendid spirit of justice, and a
+spirit of charity, even toward the guilty. By this article of the
+Constitution, not only is treason defined, but any conviction of a person
+for treason must be upon the testimony of at least two witnesses to the
+same act, or upon a confession in open court.
+
+The innocent must not be punished; and the guilty, when convicted, shall
+alone bear the punishment. Treason being such a grave offense, Congress
+may, if it so desires, provide very severe penalties, but it cannot
+attaint the blood, so that the children or the grandchildren of the guilty
+person shall suffer as in the olden days; nor shall the right of
+forfeiture of property obtain, except during the life of the person guilty
+of treason.
+
+No one objects to any penalty, however severe, where treason is proved,
+but it is contrary to the spirit of America to brand the innocent
+descendants of one who is guilty of a crime. Of course the children of the
+guilty will always bear a certain degree of reproach from their fellowmen,
+but it is not fair that they should be visited with penalties for an
+offense which they themselves never committed. It is the spirit of America
+that each person shall enjoy any position in life which he may win by
+merit and honest endeavor, and no obstacle should be placed in his way by
+the wrong of an unfortunate ancestor.
+
+ELEMENTARY QUESTIONS
+
+1. America is a democracy. Why does this mean so much?
+
+2. What does that phrase bring to mind?
+
+3. Why did we abolish all titles of nobility?
+
+4. What is treason?
+
+5. Why is it limited so carefully?
+
+ADVANCED QUESTIONS
+
+A. What was the real purpose of abolishing all titles of nobility?
+
+B. Why did the founders of the Constitution refuse to permit our
+representatives to accept gifts from abroad?
+
+C. What acts are treason to-day?
+
+D. Show how these provisions make for democracy?
+
+E. Write a paper on the following:
+
+
+    An Illustration of an Act of Treason During the World War
+
+    How A Person May Obtain a Responsible Position in Life
+
+    Laws Which Retard Advancement in Life
+
+
+
+
+
+XXII. JURY, EXCEPT IN IMPEACHMENT
+
+
+    Criminal Trials, Except Impeachment, To Be By Jury—Equal Rights—No
+                        Religious Test For Office
+
+
+There are still three articles of the Constitution containing personal
+guaranties but the substance of these articles has been considered in
+connection with other articles already discussed. They are the following:
+
+“_The trial of all Crimes, except in Cases of Impeachment, shall be by
+Jury, and such Trial shall be held in the State where the said crimes
+shall have been committed; but when not committed within any State, the
+Trial shall be at such Place or Places as the Congress may by Law have
+directed._”(90)
+
+“_The Citizens of each State shall be entitled to all Privileges and
+Immunities of Citizens in the several States._”(91)
+
+“_No religious Test shall ever be required as a Qualification to any
+Office or public Trust under the United States._”(92)
+
+Here again we see emphasized the right of trial by jury. I want you to
+give some thought to this particular right, because it applies not only to
+cases where persons are accused of a crime, but also to nearly all cases
+involving property rights.
+
+The ordinary lawsuit, where one person is suing another to recover money,
+property, or damages, is triable by a jury. You understand of course the
+purpose of a trial. As already explained the main thing in every trial is
+to determine the truth as to the points in dispute, and the truth in such
+cases under our Constitution is determined, not by judges, but by jurors,
+men from the ordinary walks of life, your neighbors, men accustomed to
+dealing with ordinary human affairs. This right is important in aiding a
+person to have the truth properly established; but it is especially
+important, as I have heretofore explained, because it emphasizes the fact
+that this is a government by the people, and that in grave emergencies
+when life, liberty, or property, is in danger, the representatives of the
+common people, selected from the ranks of the common people, shall be the
+judges.
+
+Of course I have fully explained to you, and I do not wish to have any
+confusion upon that point, that the judges themselves are also
+representatives of the people, because they are elected by the people, or
+appointed by those agents of the people who are elected by the people.
+
+I have intentionally repeated, sometimes over and over, rules and reasons,
+because we must have them in our minds so that they will never be
+forgotten.
+
+Now as above explained, the citizens of each State are guaranteed the
+right to go to another State, and exercise in that other State the same
+rights as the citizens of that State. This is in the spirit of America
+which gives us all equal opportunity. A citizen of Massachusetts going to
+the State of Minnesota has the same rights in Minnesota as the citizens of
+Minnesota have. Minnesota could not discriminate against him because he
+was a citizen of another State. Of course he could not exercise rights
+which the citizens of Minnesota were not entitled to, but all rights of
+the citizens of Minnesota are guaranteed to him while he is in that State.
+
+Now as to the provision which forever bars any religious test as the
+qualification for any office or place of public trust under the United
+States. We have already given serious consideration to the great
+fundamental human privilege which the Constitution guards, the right to
+worship God according to the dictates of one’s conscience. We have already
+found that regardless of church or creed each person stands before the law
+equal in our country. The older you grow, the more fully you realize what
+religion means to a great many people in this world, the more fully you
+will appreciate the blessing which came to humanity in these provisions of
+the Constitution. There are some of us who do not belong to any church
+organization, and yet we are intensely interested, because there was a
+time when every person was compelled by law to belong to a church
+organization, to the state church, the state religion. I have already
+explained that we find solemn statutes enacted by the British Parliament,
+as an illustration, which provided for a death penalty for those who did
+not believe in the religion of the state.
+
+There is no religious test which can be made a qualification for any
+office under the United States; nor for any office for any State in the
+Union. There should be no individual discrimination in voting for public
+officials because of the religion or church to which a candidate for
+office may belong. These are sacred, individual rights. Men must be judged
+by their conduct, by their character, by their ability, by their capacity
+to serve the people and their country, not by the religion which one may
+profess.
+
+We must cultivate the spirit of charity toward our neighbors, charity
+which means love, which enables us to maintain a proper spirit of
+toleration for those who differ from us in matters of belief.
+
+ELEMENTARY QUESTIONS
+
+1. Does a citizen have the same rights in California that he does in New
+York?
+
+2. Why is religious belief never made a qualification for office?
+
+3. What is impeachment?
+
+4. Are judges representatives of the people? Why?
+
+5. Can the State of Nebraska enact a law imposing a tax upon merchandise
+shipped into Nebraska from any other State?
+
+ADVANCED QUESTIONS
+
+A. What is impeachment?
+
+B. Describe the manner of trial before trial by jury. Compare the justice
+of the ordeal end wager of battle with the jury system.
+
+C. Show how these provisions make for democracy.
+
+D. Why is the spirit of charity necessary in a democracy?
+
+E. Write a paper on the following:
+
+
+    The Ordeal
+
+    Wager of Battle
+
+    How Englishmen Won the Right to Trial by Jury
+
+
+
+
+
+XXIII. WRONGS UNDER KING GEORGE
+
+
+      The Story Of The Colonists In The Declaration Of Independence
+
+
+When we first read over the numerous guaranties of the Constitution
+protecting the American people in their rights, we sometimes wonder why
+certain provisions were inserted in the Constitution. Being born here in
+America, never having been compelled to submit to the abuse of arbitrary
+power, and always having lived under the Constitution, and always being
+guarded by its provisions against the abuse of power, we can hardly
+understand why it was necessary to make so many provisions against things
+which we can hardly imagine ever happened in human government.
+
+Whenever you have a chance, read somethings of the governments of the
+world under kings or other absolute rulers. In fact, we cannot understand
+the blessings of our government until we know something of what our
+ancestors were compelled to submit to under the governments of the
+different countries of the world a few centuries ago.
+
+While we have in mind the guaranties of our Constitution, it is well for
+us to have clearly in mind some of the definite things which the framers
+of the Constitution had before them, some of the wrongs which the human
+race had endured at the hands of government which the framers of the
+Constitution were determined the people of America would never have to
+endure. You can hardly imagine what little regard or consideration was
+given to human rights in those old days now almost forgotten. I am not
+going to undertake to discuss the problems of government in different
+countries the world.(93) The purpose which I have in mind can be fully
+served by a consideration of the government in this country under the king
+of Great Britain during the years preceding the Revolutionary War. You
+understand, of course, that even at that time a great advance had been
+made in recognizing certain rights of the people. In fact, I think it is
+generally recognized that England before the American Revolution had
+attained nearer to a fairly just government than any other country in the
+world up to that time. There had been many periods during its history when
+the people had asserted themselves and had forced the recognition of
+certain rights by the government—by the king, and yet it was still a
+government by a king. It was a government under a king to which the
+colonies owed allegiance. It was government under a king against which the
+colonies finally revolted. It was government under a king which brought.
+about the Revolution. It was resistance to government under a king which
+inspired the heroes who won the liberty of the new world. It was the
+brutality of a government under a king which inspired the framers of the
+Constitution so carefully to guard against the abuses which the world had
+known before liberty had been established on American soil. I will not
+undertake to recite for you the things which the people were compelled to
+endure under this government of a king. I will let the people of the
+colonies tell their story. You remember that in 1776, after the beginning
+of the Revolutionary War, the people of the Colonies adopted the
+Declaration of Independence which recites in detail the abuses and wrongs
+they had endured under a government by a king. It is one of the most
+dramatic recitals in history. Let these colonies tell their own story. I
+am not going to read the entire Declaration of Independence; I am simply
+going to read the recital therein of the wrongs which came to the people,
+the men, women, and children, the human beings, who up to that time were
+compelled to live here in America under the government of a king.
+
+
+    The history of the present king of Great Britain is a history of
+    repeated injuries and usurpations, all having in direct object the
+    establishment of an absolute tyranny over these states. To prove
+    this, let facts be submitted to a candid world.
+
+    He has refused his assent to laws the most wholesome and necessary
+    for the public good.
+
+    He has forbidden his governors to pass laws of immediate and
+    pressing importance, unless suspended in their operation till his
+    assent should be obtained, and, when so suspended, he has utterly
+    neglected to attend to them.
+
+    He has refused to pass other laws for the accommodation of large
+    districts of people, unless those people would relinquish the
+    right of representation in the legislature—a right inestimable to
+    them, and formidable to tyrants only.
+
+    He has called together legislative bodies at places unusual,
+    uncomfortable, and distant from the repository of their public
+    records for the sole purpose of fatiguing them into compliance
+    with his measures.
+
+    He has dissolved representative houses repeatedly for opposing,
+    with manly firmness, his invasions on the rights of the people.
+
+    He has refused, for a long time after such dissolutions, to cause
+    others to be elected; whereby the legislative powers, incapable of
+    annihilation, have returned to the people at large for their
+    exercise; the state remaining, in the mean time, exposed to all
+    dangers of invasion from without, and convulsions within.
+
+    He has endeavored to prevent the population of these states; for
+    that purpose obstructing the laws of naturalization of foreigners;
+    refusing to pass others to encourage their migration hither and
+    raising the conditions of new appropriations of lands.
+
+    He has obstructed the administration of justice by refusing his
+    assent to laws for establishing judiciary powers.
+
+    He has made judges dependent on his will alone for the tenure of
+    their offices and the amount and payment of their salaries.
+
+    He has erected a multitude of new offices, and sent hither swarms
+    of officers to harass our people and eat out their substance.
+
+    He has kept among us, in times of peace, standing armies, without
+    the consent of our legislatures.
+
+    He has affected to render the military independent of, and
+    superior to, the civil power.
+
+    He has combined with others to subject us to a jurisdiction
+    foreign to our constitution and unacknowledged by our laws, giving
+    his assent to their acts of pretended legislation—
+
+    For quartering large bodies of armed troops among us;
+
+    For protecting them, by a mock trial, from punishment for any
+    murders which they should commit on the inhabitants of these
+    states;
+
+    For cutting off our trade with all parts of the world;
+
+    For imposing taxes upon us without our consent;
+
+    For depriving us, in many cases, of the benefits of trial by jury;
+
+    For transporting us beyond seas, to be tried for pretended
+    offenses;
+
+    For abolishing the free system of English laws in a neighboring
+    province; establishing therein an arbitrary government, and
+    enlarging its boundaries, so as to render it at once an example
+    and fit instrument for introducing the same absolute rule into
+    these colonies;
+
+    For taking away our charters, abolishing our most valuable laws,
+    and altering fundamentally the forms of our government;
+
+    For suspending our own legislatures, and declaring themselves
+    invested with power to legislate for us in all cases whatsoever.
+
+    He has abdicated government here by declaring us out of his
+    protection and waging war against us.
+
+    He has plundered our seas, ravaged our coasts, burnt our towns,
+    and destroyed the lives of our people.
+
+    He is, at this time, transporting large armies of foreign
+    mercenaries to complete the works of death, desolation and
+    tyranny, already begun, with circumstances of cruelty and perfidy
+    scarcely paralleled in the most barbarous ages, and totally
+    unworthy the head of a civilised nation.
+
+    He has constrained our fellow-citizens, taken captive on the high
+    seas, to bear arms against their country, to become the
+    executioners of their friends and brethren, or to fall themselves
+    by their hands.
+
+    He has excited domestic insurrections amongst us, and has
+    endeavored to bring on the inhabitants of our frontiers the
+    merciless Indian savages, whose known rule of warfare is an
+    undistinguished destruction of all ages, sexes and conditions.
+
+    In every stage of these oppressions we have petitioned for
+    redress, in the most bumble terms; our repeated petitions have
+    been answered only by repeated injury. A prince whose character is
+    thus marked by every act which may define a tyrant is unfit to be
+    the ruler of a free people.
+
+
+Now, if there be those who are not satisfied under the present government
+of America, let them reflect. Let them compare their rights to-day with
+the rights of the people subjected to the repeated “injuries and
+usurpations” so eloquently recited by those who founded this government,
+who adopted our Constitution which will forever bar any power from
+exercising “a design to reduce them (the people) to absolute despotism”.
+
+Read through this catalog of wrongs endured by the people of the colonies.
+Then read through the guaranties of the Constitution. You will find that
+in large part the guaranties of the Constitution were inspired by the
+wrongs recited by the people when they proclaimed their independence.(94)
+
+I said that this recital is dramatic. It is also pathetic. Listen: “_In
+every stage of these oppressions we have petitioned for redress in the
+most humble terms; our repeated petitions have been answered only by
+repeated injury._” Is it any wonder that the Constitution of the United
+States should provide that “Congress shall make no law ... abridging ...
+the right ... to petition the Government for a redress of grievances”?
+
+Is it any wonder that we find in the Constitution guaranties of freedom of
+worship, freedom of speech and of the press, the right of the people to
+bear arms, the right of the people to be secure in their persons, houses,
+and papers, the right to a speedy jury trial when accused of crime, and
+the right to a trial in the district where the offense was committed
+instead of being sent beyond the seas? When we read of the wrongs endured
+by the people under the government by a king we can readily understand why
+the people put into their Constitution a guaranty that a person no matter
+how poor shall have an attorney to defend him, shall have his witnesses
+brought into court at government expense, that excessive bail shall not be
+required, and cruel and unusual punishments shall not be inflicted, that
+slavery is forever abolished on American soil, that the property of every
+person, rich or poor is sacred, and that even the government of the United
+States cannot take it for public use without just compensation, that every
+person shall have equal protection of the law, and if wrongfully
+imprisoned he can secure his release by writ of habeas corpus. You can
+readily see that all these guaranties of the Constitution and many others
+which we have been studying were intended to give protection to the people
+from wrongs which the people had suffered throughout the world under the
+different forms of government existing before America was born.
+
+From the stirring story related by the people in the Declaration of
+Independence of the injustice which they had to suffer under a king, you
+can see how carefully future generations of people upon American soil were
+guarded by the Constitution against the wrongs which our forefathers had
+endured.
+
+ELEMENTARY QUESTIONS
+
+1. When was the Declaration of Independence signed?
+
+2. How long did the colonists of America continue under government by a
+king?
+
+3. How did it happen to be drawn up?
+
+4. Compare each sentence of this quotation (pages 167, 168) with the
+guaranties that you have discussed in class.
+
+ADVANCED QUESTIONS
+
+A. Discuss in detail the reasons for the coming of the American colonists.
+
+B. Discuss in detail the contrasts noted in Note 2. Review the previous
+study with reference to our Declaration of Independence.
+
+C. Write a paper comparing the solution found in the Constitution with the
+grievances noted in the Declaration.
+
+D. Discuss a method by which this might be brought to the attention of the
+Socialists, Anarchists, and Bolsheviki who are criticising our government
+to-day.
+
+
+
+
+
+XXIV. SHALL ANY PART BE REPEALED
+
+
+       What Provisions Would You Have Taken Out Of The Constitution
+
+
+We have discussed the main personal guaranties of the Constitution. There
+is a large part of the Constitution which we have not yet considered. Not
+because I do not regard it as important—it is all important—but because
+the personal guaranties are of the highest importance. They constitute a
+Bill of Rights, a bill of individual rights, of your rights and my rights.
+These rights are clearly defined and carefully guarded.
+
+I heard a man say the other day that the Constitution ought to be
+abolished, that it was an obstacle to human progress.(95) He did not say
+why. That is the trouble with a lot of people in this world; they are ever
+ready to destroy, but are never ready to aid in building up. Their purpose
+is destruction, not construction. You will hear a great deal of complaint
+about the Constitution. I have heard complaint about the Constitution.
+This is our Constitution. We are directly interested in defending it
+against all attacks if it is a good thing for us. If it is a bad thing we
+are all interested in having it repealed. And of course you now fully
+understand that the people have the power to repeal every line of the
+Constitution if they want to.(96)
+
+So this morning I wish to submit to you a fair question. _What is there in
+the Constitution that you think should be taken out of the Constitution?
+What is there that should be repealed?_ I do not ask you to answer that
+question now. I want you to think it over carefully. Go over each and
+every word of the Constitution carefully. Talk it over with your father
+and your mother. Talk it over with your friends, the boys and girls who
+are studying this subject with you, and some day present to your teacher
+or to me a statement of the part of the Constitution that you think ought
+to be repealed. Of course, to come to a just conclusion on this question
+you must not only look at the language of the Constitution but you must
+take into consideration the purpose of each provision of the Constitution.
+That is why we have been studying the Constitution in detail. That is why
+we have considered in a general way something of the problems of the human
+race under the past governments of the world. It is after all a simple
+question—what is good for the people, and what is not good for the people.
+What is good for _all_ the people—not for any special class. The
+Constitution has been in existence, most of it, for considerably more than
+a hundred years. During that more than one hundred years what a wonderful
+development there has been in this country, development not alone in
+property and in wealth, because after all that is not the main thing, but
+development in human opportunity! What a wonderful expansion there has
+been of human rights! What a splendid example we have had of the
+maintenance and protection of human liberty! What wonderful legislation
+has been enacted by the people during those years to make life easier for
+the average man!(97)
+
+Consider all these things and then say frankly whether or not any
+provision of the Constitution should be taken out. In other words, would
+the repeal of any single personal guaranty, which we have been considering
+in these lessons, help men, women, and children? Would it make life
+easier? Would human liberty be better protected? Would the objects of
+government, the right to life, liberty, and the pursuit of happiness, be
+more effective?
+
+The Constitution is a sacred document, but there is nothing more sacred
+than the right to life and liberty and happiness. Therefore do not
+hesitate to deal fearlessly with the Constitution, but deal with it
+reverently. It was intended as an aid to humanity. If it does not serve
+that purpose it should be abolished. If any provision of the Constitution
+is not an aid to humanity in America let us repeal that provision. Be
+fearless; be also cautious. Be careful in any change to avoid the ills
+which we have, that we do not invite other and more grievous ills that we
+know not of.
+
+The American people owe to themselves, to their children, and to their
+country, the solemn duty to give earnest consideration to our
+Constitution. They owe the solemn duty, if the Constitution is serving a
+great purpose for the people of America, to defend it against all those
+who may attack. They owe the duty to uphold it and to guard it. It is a
+sacred trust and this trust cannot be executed except through
+intelligence, earnestness, patriotism, and loyalty.
+
+Therefore, if there be defects in the Constitution, pick them out and let
+us unite in removing them, because the cause of humanity is greater than
+the cause of fidelity to any law or constitution ever enacted by the
+people.
+
+ELEMENTARY QUESTIONS
+
+1. Why are we interested in the Constitution?
+
+2. Why should we defend it from all attacks?
+
+3. In what way can we best defend the Constitution?
+
+4. Why should we wish to modify it?
+
+5. Just how can the Constitution be modified?
+
+6. What should be the spirit in which we should enter upon the
+consideration of amendments to the Constitution?
+
+7. Just what should be the argument for any changes?
+
+8. Make a list of some of the modifications you think should be made.
+
+9. Arrange a debate on each one of these.
+
+ADVANCED QUESTIONS
+
+A. What is the fallacy of the I. W. W. constitution?
+
+B. How would you meet their argument?
+
+C. List the standards which should be used to measure the worth of any
+suggestion of amendments to the Constitution.
+
+D. Discuss the process by which former amendments have been made.
+
+E. Write a paper on any amendments which you think should be adopted to
+take anything out of the Constitution.
+
+
+
+
+
+XXV. AMENDING THE CONSTITUTION
+
+
+      The Power Of The People—What Provisions Should Be Added To It
+
+
+This morning we are going to apply another test to the Constitution of the
+United States. I have already asked you to analyze and study the
+Constitution carefully, each provision of the Constitution, to see if
+there be any portion that should be taken out. This morning I am going to
+ask you to study the Constitution with a view of determining what, if
+anything, you wish added to the Constitution. Do not assume that I em
+imposing a duty which should only be undertaken by some learned lawyer or
+statesman. This Constitution is a Constitution of the whole people and it
+must be upheld and defended, not only by lawyers, judges, and public
+officials, but by the people in every walk of life, by the children as
+well as by fathers and mothers, by the poor as well as the rich.(98)
+Therefore I come to you who are children to-day but who in a few short
+years will be making the laws of this country through your votes at the
+ballot box. I ask you to decide not only what, if anything, should be
+taken out of the Constitution, but I ask what, if anything, should be
+added to the Constitution; and again I want you to form your own opinions
+about this after a careful study, after conference with your parents and
+with your friends. It is a strange thing that we seldom hear any one
+talking to his neighbor about the Constitution. People when they get
+together talk about all sorts of things, serious and frivolous, but you
+seldom hear them discussing the gravest problem in human life, which is
+human government. Do not be afraid to take up the subject with your
+friends. Do not be afraid to discuss with your friends some provision of
+the Constitution. You are having a special advantage in being able to
+study the Constitution while many of your neighbors never had such an
+opportunity.(99)
+
+What can we add to the Constitution which will make it more effective as
+an instrument in the protection of life, liberty, and property for us here
+in America?
+
+Remember, we the American people can add anything to the Constitution that
+we wish. Nineteen amendments to the Constitution have already been adopted
+by the people. Do not feel discouraged because it takes a little time to
+secure the adoption of an amendment. The Constitution should not be
+amended hastily, but only after grave thought and earnest consideration.
+
+If we can only think of something to add to the Constitution which would
+be a good thing for the whole people of America, I will guarantee that we
+will have no difficulty in having it added to the Constitution. Of course
+it will take earnest effort, but shaping the destiny of more than
+105,000,000 people is a grave matter. The Constitution is the protection
+of the rights of each individual and therefore any change in the
+Constitution merits most earnest consideration upon the part of each one
+of us.
+
+Think it over and advise me some day or inform your teacher of anything
+that you can think of which, if added to the Constitution, would improve
+this Nation as a country in which the people rule, anything which would
+make the rule of the people more complete. That is the big thing after
+all—the rule of the people, because when the people can rule themselves,
+they ought to get out of life everything which they are entitled to by
+their individual merits, ability, and effort. Always keep in mind that
+there is no way by which a government of the people and by the people can
+equalize opportunity for those who will not seek the advantages which are
+open to them. No Constitution and no law can equalize industry and
+idleness. No scheme of government can provide bread for those who will not
+toil. It is impossible that human happiness can be guaranteed to those
+whose lives are spent in wickedness and wrongdoing.
+
+So, my friends, after due thought and deliberation, prepare your
+amendments to the Constitution of your country. Do not hesitate because
+you may think that you cannot put them in proper form. The form is not
+important; the idea is the great thing. Perhaps it may be that out of the
+mind and out of the heart of some pupil in this school may come some day a
+great idea which, incorporated into the Constitution or the law, may bring
+added blessings to the American people.(100) I know of no power on earth
+which can tie the hands of the American people in any effort toward
+enlarging the powers of the people, which will better guard life and
+liberty. We have seen how many safeguards were adopted by the framers of
+the Constitution to protect each and everyone of us against the abuse of
+power by the government maintained by the people. We have seen how
+earnestly the framers of the Constitution guarded each individual against
+wrongful conduct on the part of any servant of the people in any official
+position. _Perhaps some one in this class may discover an additional
+guaranty which would be helpful. If so, duty demands that the same shall
+be made part of the fundamental laws of our country, the Constitution of
+the United States._
+
+As you read of America, as you think of its Constitution and laws, don’t
+you feel a sense of power, a sense of pride?
+
+If Mr. Allen who owns the big department store on Main Street were to come
+here some morning and make each one of you a gift of an interest in his
+store, if he should make you partners with him in his entire business, you
+would feel grateful and proud. What an intense interest you would take in
+the store and all the details. You would talk about it at home and to your
+neighbors and friends. Each of you would begin to study the business. You
+would take pleasure in reading about merchandise, prices, and business
+methods.
+
+Well, we are all partners in this great Nation. Liberty is more valuable
+than merchandise or profits. If someone stronger than you should undertake
+to take away your liberty, you would fight for it and die for it if
+necessary.
+
+Being partners in America, won’t you study America? Won’t you talk about
+the blessings of America at home and to your neighbors? Won’t you study
+the problems of America so that each succeeding year it can pay greater
+profits in freedom and justice and righteousness?
+
+ELEMENTARY QUESTIONS
+
+1. What do your parents say about changes in our Constitution?
+
+2. How would you advise them to act?
+
+3. Can you tell them how changes in our Constitution can be made?
+
+4. Why is it necessary that each one of us take a personal interest in OUR
+Constitution?
+
+ADVANCED QUESTIONS
+
+A. How would you meet the argument of the radical who wants a revolution?
+
+B. How would you show others that we have a great partnership in America?
+
+C. What two ways are possible for constitutional amendments?
+
+D. List a series of additions that you think should be made to the
+Constitution.
+
+E. Write a paper upon some one amendment to our Constitution that you
+believe to be worthy of adoption.
+
+
+
+
+
+XXVI. MACHINERY OF THE GOVERNMENT
+
+
+The Agencies, Officers, And Methods For Exercising Powers Of The National
+                                Government
+
+
+Now my friends, we have reached the end of discussion of the personal
+guaranties of the Constitution—the American Bill of Rights.
+
+As I have heretofore stated, this is the real, important part of the
+Constitution, because it is in a study of these guaranties that we fully
+realize the blessings of our free American government. Any one who has
+earnestly considered this great American Bill of Rights can readily answer
+the question, “What has America done for me and for my children”?
+
+But I would not have you feel that the other parts of the Constitution are
+of small concern. Each provision of this great charter of human rights is
+very important, and worthy of careful study.
+
+Article I of the Constitution provides that all legislative powers granted
+“shall be vested in a Congress of the United States, which shall consist
+of a Senate and House of Representatives”. Now you will understand of
+course that up to the time the Constitution was adopted, the United States
+had no power; in fact there was no United States. The colonists through
+the Articles of Confederation had attempted to establish a Nation which
+was designated “The United States of America”, but the result of their
+efforts was really a confederation, and not a real union.(101) _The Nation
+was formed by the adoption of the Constitution._ The Nation formed was in
+the nature of a partnership. I suppose you know but little about
+partnerships organized by individuals. A partnership is generally formed
+by a written agreement signed by the partners. This agreement usually
+contains provisions as to the share or interest of each partner, the power
+of the partners and of the partnership, and the objects and purposes of
+the partnership.
+
+The United States is a partnership between the people and the Nation. The
+Constitution is a partnership agreement binding upon all the parties to
+the agreement. Before the adoption of the Constitution the people
+possessed all the power of government and governmental action. The people
+gave some of their power to the Nation, but only a small part of the power
+of the people was given. Always bear in mind that the United States—the
+Nation—has no power, and never had any except what the people granted in
+the Constitution and in the amendments thereto.
+
+You will see in Section 8 of Article I the specific powers granted to
+Congress by the people. They include the following: lay and collect taxes;
+pay debts; provide for defense and for the general welfare; borrow money;
+regulate commerce among the States and with foreign nations; provide for
+naturalization and uniform rules of bankruptcy; coin money, regulate the
+value thereof, and fix the standard of weights and measures; punish
+counterfeiting; establish post offices and post roads; protect authors and
+inventors by copyrights and patents; establish courts; punish piracies and
+felonies on the high seas; declare war, raise, and support armies; provide
+and maintain a navy; provide for organizing armies, for disciplining the
+militia, and for calling them to serge in certain emergencies; exercise
+exclusive power of legislation “over such District (not exceeding ten
+miles square) as may, by Cession of particular States, and the acceptance
+of Congress, become the Seat of the Government of the United States”; make
+all laws necessary and proper for carrying into execution the foregoing
+powers “and all other Powers vested by this Constitution in the Government
+of the United States, or in any Department or Officer thereof.”
+
+So you see large powers were granted by the people to the new Nation.
+
+However, the people were very careful. Nearly every government in the
+world, before the organization of the United States, had at times proven
+false to the people. Many governments were false to the people all the
+time. Indignities and abuses were often heaped upon helpless men, women,
+and children. Governments were more often maintained to serve royalty or
+aristocracy than to protect the rights and liberties of the common people.
+Therefore when it came to organizing this new Nation, the people were
+careful to guard against the abuses of the past. Thus they not only
+specified definitely the powers conferred upon the United States, but
+(Sections 9 and 10 of Article I) positively stated certain things which
+the United States could not do.
+
+_The people also were suspicious._ The experience of the human race with
+governments justified this suspicion. When the Constitution was submitted
+to the people, many protested that the individual liberties of the people
+were not sufficiently guarded; and before the people consented to ratify
+the Constitution, it was necessary that they should be given assurance
+that upon the ratification of the Constitution, amendments would be
+proposed and submitted to the people, expressing clearly the guaranties
+given to the people against improper exercise of power by the National
+government and especially protecting the liberty of all the people. These
+amendments, which constitute the Great American Bill of Rights, were
+proposed by Congress in 1789 and were ratified by the States in 1791.
+
+Now let us get the foregoing brief summary fixed in our minds.
+
+The Constitution is a partnership between the people and the Nation in
+which the people (1) grant to the Nation certain specific powers; (2)
+restrain the Nation from exercising powers not granted; and (3) in many
+particulars direct the manner in which the powers granted shall be
+exercised. The Constitution also provides for what may be termed the
+“machinery of government”. It separates the powers of government into
+three divisions: the legislative, the executive, and the judicial. It then
+provides for the officers (the agents or servants of the people), who
+shall exercise the powers of each department, and prescribes certain
+qualifications for such officers, the methods of their selection, and the
+terms of such officers.
+
+In Article I we find certain qualifications for Senators and
+Representatives—the length of their term of service. Senators are elected
+for six years, Representatives for two years. There are also certain
+provisions as to their election, the organization of the Senate and House,
+to some extent the method of procedure, and direction as to the exercise
+of certain powers.
+
+Article II of the Constitution fixes certain qualifications for President
+of the United States, the executive head of the Nation; provides the
+manner of the election of the President and the Vice President, confers
+certain powers and duties, provides that the term of office of President
+and Vice President shall be four years, and designates the causes for
+which they may be removed by impeachment.
+
+Article III of the Constitution provides for courts and judges, and fixes
+their jurisdiction—their power—and gives direction as to trial and penalty
+in certain cases.
+
+Thus we find that the Constitution guarantees a National government (a
+republican form of government), confers certain powers formerly held by
+the people, provides an executive to enforce the powers granted, a
+legislative body to make laws under which the powers may be exercised, and
+establishes courts to construe and apply the laws enacted, to the end that
+human rights and liberties shall be protected.
+
+Let us carry in our minds this picture of the people of the colonies, who
+through generations had struggled with royalty to secure the blessings and
+liberties for which they had come to the New World. In the local
+government of the colonies much had been done to apply the principles of
+liberty, but in their relation to the mother country they had endured
+abuses and sufferings, which finally in 1776 found expression in the
+Declaration of Independence.
+
+In an effort to unite their strength they had formed a federation of the
+thirteen States, but their dreams of a free country were not realized
+until in the Constitution they had formed the “more perfect Union” which
+was created to “establish Justice, insure domestic Tranquility, provide
+for the common defence, promote the general Welfare, and secure the
+Blessings of Liberty to ourselves and our Posterity”.
+
+Now let us bear in mind that the people reserved much of their power,
+which under the plan of government adopted was to be used in their
+respective States under Constitutions and laws expressing the will of the
+people with relation to their domestic affairs. At our next meeting, we
+shall consider briefly something of the Constitutions of the States, where
+they come from, and the wonderful purpose they serve in carrying out the
+scheme of the people in actual self government.
+
+ELEMENTARY QUESTIONS
+
+1. Why are the individual guaranties of the Constitution so important?
+
+2. What is meant by legislative power?
+
+3. In whom is the legislative power of the United States vested?
+
+4. When and how was the Nation formed?
+
+5. What is a partnership? How is it usually formed?
+
+6. From whom did the United States obtain its power?
+
+7. State the terms of service of: (a) the President, (b) Senators, (c)
+Representatives, (d) the Vice President?
+
+ADVANCED QUESTIONS
+
+A. Tell some of the powers conferred by the people upon the United States.
+
+B. Into what departments does the Constitution separate the powers of
+government?
+
+C. At the time of the adoption of the Constitution, why were the people
+suspicious?
+
+D. Name some officers now in service of the National government: (a) in
+the executive department, (b) in the legislative department, (c) in the
+judicial department.
+
+E. Write a statement of the attitude of the people of the States when the
+Constitution was submitted to them for ratification, what was the subject
+of public discussion, what parties were formed, and what was done to
+secure the consent of the people to ratify the Constitution?
+
+F. Write in 100 words or less a summary of what the United States
+Constitution is.
+
+
+
+
+
+XXVII. STATE CONSTITUTIONS
+
+
+    The Grant And Limitations Of Power Expressed By The People In The
+                       Constitutions Of The States
+
+
+Every human organization had a beginning. This is a large city in which we
+now live, but there was a time within the memory of men still living, when
+there was nothing here but an unbroken prairie. A log cabin was the first
+building where the city now stands. Then came the cultivated fields. A
+flour mill was erected down on the river bank, then a blacksmith shop, a
+store, a livery stable, some modest dwellings, then a school house, and a
+church. Thus came the little village which through the years has slowly
+grown into the present city.
+
+Thus came all the cities, and thus came the States. There was a time not
+so long ago when there were no white people within what is now the borders
+of our State. There was the “first white settler”, the first cultivated
+patch of ground, the first log house, the little settlements, the lonely
+log cabins in between, and then the State.
+
+Thus were the thirteen colonies founded, and thus were founded the
+thirty-five States which have been admitted to the Union since the
+adoption of the Constitution.
+
+Every human organization with any degree of permanence has something in
+the nature of a constitution. It may be in writing, it may be oral, or it
+may rest in a mutual understanding expressed only by acts and conduct. It
+may be manifest from customs which have been observed by all the members
+of the group.
+
+The proud boast of America is that it was the first Nation in the world
+which adopted a complete written Constitution binding upon the Nation and
+upon the people, a Constitution which provides for courts with the power
+of restraining the Nation and the individual from acts or conduct which
+violate its provisions, designed to guard human rights.
+
+Until the Declaration of Independence in 1776, the colonies in their joint
+efforts for liberty and justice, were called the “United Colonies”; but
+after independence was proclaimed, this title gave place to that of “The
+United States”. Thereupon eleven of the thirteen States adopted
+Constitutions. In two States—Connecticut and Rhode Island by an act of the
+legislature, the existing charters were continued in force so far as
+consistent with independence. These Constitutions all came into being
+before the adoption of the Constitution of the United States. Of course
+they were far from perfect, and all have been amended from time to time,
+so that now the Constitution of each State provides a truly American
+system of government.(102)
+
+Nothing in the Constitution of the United States requires that each State
+shall have a written Constitution, but the wonderful achievement of the
+people in creating the Constitution of the United States has been a guide
+and inspiration to the people of the States, and each State has adopted a
+written State Constitution, following the method and spirit of the
+colonists in the long ago, drafting the Constitution in a convention of
+delegates and ratifying it by another special convention or by the vote of
+all the people.
+
+Then as each new State was admitted to the Union, a Constitution was
+adopted.(103) By the Constitution of the United States, Congress has the
+power to admit new States, thus by implication controlling the subject
+matter of the original Constitution of each State admitted.
+
+It is not my intention to consider in detail the Constitutions of the
+various States. This is not essential to the purpose which I have in
+talking to you. I am very anxious that you shall realize that each State
+is a separate sovereignty; that when the people created the United States,
+and adopted the Constitution of the United States, they give to the United
+States limited power; that the plan of government contemplated that each
+State should have its own Constitution; and that in each State the people
+should enact their own laws governing the conduct of the people in their
+respective States.
+
+An examination of the Constitutions of all the States will show how
+carefully the people of each State incorporated in their State
+Constitution the great principles of government, and the guaranties of
+liberty which were so carefully provided in the Constitution of the United
+States.
+
+Different language is used in the different State Constitutions, but in
+each it will be found that the government of the State, as of the United
+States, is divided into three departments—the executive, the legislative,
+and the judicial; that the executive power in the States is vested in a
+Governor; that the legislative power rests in what is usually termed a
+“General Assembly” consisting of a Senate and a House of Representatives,
+modeled after the Congress of the United States; that the judicial power
+is to be exercised by courts—a Supreme Court and other courts designated
+as District Courts, Circuit Courts, and many other titles, varying in
+different States.
+
+Public officers, servants of the people, are provided for, and usually
+their selection is by vote of the people at general elections for which
+provision is made.
+
+The really important thing in the State Constitutions, as well as in the
+Constitution of the United States, is the Bill of Rights specifically
+guarding the natural rights and liberties of the people.
+
+The guaranties in the State Constitutions are not all uniform, but as a
+general thing you will find that each State has incorporated in its
+Constitution those sacred guaranties which in the Constitution of the
+United States form the real foundation and protection of human liberty.
+
+Always bear in mind that the Constitution in each State, as in the Nation,
+is an instrument of fundamental law, or body of laws, which prescribes the
+form of government, fixes the different departments of government,
+provides the agencies of government, and declares and guarantees the
+rights and liberties of the people.(104)
+
+The Constitution of the United States is the Supreme law of the land, and
+the Constitution of each State is the supreme law of the State. These
+Constitutions must be respected, and must be obeyed; and any law enacted
+by the legislature of a State or by the Congress of the United States
+which is contrary to the provisions of the Constitution is null and void.
+
+By their Constitution the people of a State proclaim and establish their
+power superior to the power of the legislature of the State or any officer
+of the State. The power expressed in the Constitution is the power of the
+people. They have, by their solemn document—the Constitution—established
+certain rules, regulations, principles, and guaranties, which cannot be
+changed by ordinary legislation.(105) Of course the people can change and
+modify the Constitution of State or Nation. Every Constitution provides
+some method of amendment. Some States provide for a constitutional
+convention from time to time, where the people through their
+representatives selected for such a purpose assemble to consider the
+question of change or modification. In other States the legislature may
+propose amendments which must be submitted to the people for their
+approval. In all States some procedure is provided which requires careful
+deliberation and consideration by the people before the Constitution is
+changed.(106)
+
+Now it is very important that every citizen shall have a knowledge of the
+Constitution of his State. It is of the highest importance that every man,
+woman, and child shall know and feel the solicitude, the care, which has
+been exercised in the framing of the Constitution to guard individual
+rights.
+
+As I have heretofore explained, the purpose of government is to guard
+human rights and human liberty. This is true of the government of the
+United States, and it is true of the government of each State. Always keep
+in mind that in this country, what we call “the government” is merely an
+agency of the people—an expression of the power of the people in a defined
+way, agreed upon by them, through which they protect themselves against
+wrong by the agencies of government which they have created, and against
+wrong by their neighbors.
+
+Inspiring indeed is it to contemplate the spirit in which the founders of
+the American Nation and of the States of America studied the methods by
+which human rights should be protected. They were unselfish; they were in
+the highest degree inspired by a holy purpose to guard the people of
+America against the wrongs, the abuses, the cruelty which their ancestors
+in the past had suffered; and to accomplish their purpose they exercised
+the greatest care to maintain the power of government in the people
+themselves—the power to make laws and to enforce them.
+
+I suppose it may be said that the highest achievement of the American
+people in creating a National government and the governments of the States
+is expressed in the words of Lincoln when he proclaimed this to be “a
+government by the people”.
+
+ELEMENTARY QUESTIONS
+
+1. What is a village?
+
+2. What is a State?
+
+3. When were the colonies first called States?
+
+4. What States adopted Constitutions before the adoption and ratification
+of the Constitution of the United States?
+
+5. Can the people of the State of New York enact a law punishing a person
+for coining silver dollars? Why?
+
+6. Can Congress pass a law Sting the punishment of a person for stealing a
+horse in the State of Michigan?
+
+7. When was the State in which we live admitted to the Union?
+
+8. Who framed the Constitution of this State?
+
+ADVANCED QUESTIONS
+
+A. What is a constitution?
+
+B. Explain fully how a Constitution of a State comes into, being.
+
+C. Must a constitution be in writing? If not, what may be its form?
+
+D. State how the Constitution of the United States may be amended.
+
+E. In what way may the Constitution of a State be amended?
+
+F. Write briefly telling the advantages of a written constitution.
+
+G. State in writing the power of the courts in exercising their power and
+duty of defending the Constitution. Give an illustration.
+
+H. Write an explanation of the power and influence of the Constitution of
+the United States in guiding the people in framing the Constitutions of
+their States, and in what things the Constitution of the States follow the
+Constitution of the United States.
+
+
+
+
+
+XXVIII. THE SUFFRAGE
+
+
+     The Significance Of The Nineteenth Amendment To The Constitution
+
+
+This meeting was at night. Some of the parents who had attended the talks
+from time to time had requested that the last meeting be held at night so
+that some of the busy fathers and mothers might come. The assembly room
+was crowded, and although extra chairs had been placed in the aisles,
+there were a number of people standing. The principal said that it was the
+largest crowd that he had ever seen in the room.(107)
+
+First everybody arose and sang “The Star Spangled Banner”, and when the
+meeting closed, the audience joined in singing “America”.(108) The judge
+was greeted with loud applause. He said:
+
+I am happy to-night. This meeting is an inspiration. It is a real
+community meeting, a real American meeting. If meetings like this were
+held once each week or once every two weeks in every school building in
+the United States I should not fear socialism or bolshevism or anarchy.
+Such ideas cannot live in a community where the people really know each
+other. There are no class lines here to-night. You are too close together.
+I see a banker over there whom I have known for thirty years. He was
+brought up in this city, attended this school, and has spent his whole
+life here. His success in life came to him among old friends in the
+community where he was born. Near him I see a bricklayer. I have known him
+and respected him since boyhood. We played on the same baseball team when
+we were both younger and could run faster than we can now. He went to the
+Washington school. The children of these men are in this school now. In a
+few years they will be grown men and women doing the work that we shall
+have to give up soon.(109)
+
+So with most of the people in this room to-night. They were born here,
+went to school here, and they have worked here all their lives. Some
+followed one occupation, some another. This was a matter of their own
+choice. Their children are now growing up, as they once grew up. Soon they
+will be selecting their life work. Soon they will be voting and performing
+other duties of citizenship. Soon you and I, fathers and mothers, will
+pass off the stage of life. Soon we shall be forgotten by all except the
+few who compose the family circle, who love us notwithstanding our faults.
+
+For a few weeks I have been acting as teacher. I have been trying hard to
+bring into the minds and hearts of the pupils in this school something of
+the sacredness of human liberty, something of the cost of American
+liberty, the sacrifices, the struggles, the bloodshed, the heartaches, and
+heartbreaks which finally triumphed when our Constitution was adopted. I
+have endeavored to explain that the Constitution is not a mere skeleton or
+framework, defining the relation of the Nation and the States and
+providing for the election of officers to carry out the plans of the
+National government. I have repeatedly told the great truth that in
+America there is more freedom, justice, charity, and kindness than in any
+other Nation in the world. I have pointed out that in America we have in
+our Constitution written guaranties of life, liberty, and property rights
+such as no other Nation in the history of the world ever had. We have
+found that this is a government by the people, that the people rule, that
+the few cannot rule unless the many refuse to perform their duties as
+citizens of this great republic. Oh! if we can only put in the hearts of
+the American people a realization of the _power_ and the _duty_ of the
+people!
+
+To-night I wish to present briefly something of the manner in which the
+people express their power, the method by which the people disclose their
+wishes in public affairs. The Star Baseball Club, the Irving Literary
+Society, the City Teachers Association, the Woman’s Club, the Charity
+Guild, these are all mere organisations of people. _That is all that
+America is._ These organizations have written constitutions. _So has
+America._ These organizations must have laws or rules of conduct, aside
+from their constitutions. _So must America._ These societies must have a
+policy and transact business. _So must America._ In adopting laws or rules
+of conduct these societies secure an expression of the wishes of their
+members. These wishes are generally expressed by their votes, sometimes by
+ballot and sometimes orally in a meeting.
+
+America secures an expression of the wishes of the people by their votes.
+The votes of the people either in writing or printed are cast on election
+days fixed by laws enacted through the vote of the people. In no other way
+can the wishes of the people be made known. It, is through the ballot that
+the people exercise their powers. It is through the ballot that America is
+governed.(110)
+
+I wonder if the people of America generally realize what a wonderful thing
+it is that a government as large as ours must depend entirely upon the
+wishes of the people expressed by their vote on election day. I wonder if
+they realize that in this way the people rule. On election day we see
+something of the equality of the people. If you go near the polling place,
+you will see the president of the bank, perhaps, or the president of the
+railroad walking side by side with the hodcarrier or the brakeman on the
+train. In the voting booth each has the same power in helping to shape the
+destiny of their country.
+
+In a way this is a new method of government. Only in a country where there
+is a government by the people do we find such a thing as the right of all
+men regardless of property, race, or creed to exercise the same power in
+the ballot box.(111)
+
+From the beginning America has led in granting the right of suffrage, the
+right to vote. In the early days in some of the States a man had to own a
+certain amount of property before he could vote, but this has not been
+true for more than fifty years. _Now a new day has come._ After a struggle
+for generations, the right to vote has been conferred upon all female
+citizens, regardless of property, social position, religion, or race. It
+has been a long struggle and now that victory has been won for equal
+suffrage, is there anyone who will still contend that in this country the
+people do not rule?
+
+Who has conferred this great privilege upon the women of America? The
+voters of America decided that every State should grant this privilege.
+
+The amendment to the Constitution is as follows:
+
+“_The right of citizens of the United States to vote shall not be denied
+or abridged by the United States or by any State on account of sex._”
+
+The people did not vote directly upon this constitutional amendment, but
+they voted for the members of the House and the members of the Senate who
+voted for the amendment and they voted for the members of the legislatures
+of the different States which ratified the amendment. Thus the
+responsibility rests with the people. This is true of course as to nearly
+all the laws enacted by State and Nation—the people do not vote directly
+upon them, but they select their agents, who, under the law, are
+authorized to act for them.
+
+Under this amendment we have the written guaranty in the Constitution that
+so far as men and women are concerned they shall have equal rights to
+vote.(112)
+
+Perhaps you were not in favor of woman suffrage. Many good men and women
+were opposed to it. Many are still opposed to it. This is a good
+illustration of the way we do things in a democracy. We have different
+temperaments, different dispositions. We are reared in different
+surroundings. We have different interests. We look at life in different
+ways. Each of us has a right to his opinion and each of us has the right
+to express it by our vote. When we finally vote, a decision is made. If we
+belong to the majority, we find that our wish is carried out. If we are in
+the minority, we cheerfully follow what the majority of the people, what
+most of the people in America desire.
+
+The thing that I wish to impress to-night is that to vote on election day
+is not only a right, it is a duty. Whether we were for woman suffrage or
+not it has come. It is settled. It brings into power twenty-seven million
+new voters. Each of these women, whether she desires it or not, must
+assume this new share of the responsibilities of government. It is a
+patriotic duty. At every election we must cast our votes. Before every
+election we must study the issues, the problems to be met. Unless we do
+that we are failing in patriotism and loyalty. Unless we vote we are not
+good citizens.
+
+Now I must close. I hope that the talks I have given in this school have
+planted in the hearts of boys and girls, and possibly in the hearts of
+grown men and women, something of the simple truth of American life,
+something perhaps of the privileges of American citizenship and something
+of the duties that we all owe in return.
+
+I have promised the principal of this school that next term I will again
+appear and present some new topics. I wish to talk to the boys and girls
+about authority and obedience, the source of authority and the duty of
+obedience. I wish also to talk about the making of laws, the origin of
+laws, how they are put in form and finally enacted by the people. I wish
+to talk about our public servants, because one of the important things for
+each citizen to know is that from the President of the United States down
+to the constable of the humblest village, all officers are mere servants
+of the people and that no officer in America is in his official capacity
+master of any man, woman, or child. I wish to impress as far as I am able
+the great truth expressed by Chief Justice Marshall when he said long
+years ago, “This is a government of laws and not of men.”
+
+ELEMENTARY QUESTIONS
+
+1. Show the ways in which the United States is just like a small club?
+
+2. Why must we always vote?
+
+3. Why is it right that women should vote?
+
+4. Show that this is more than a privilege: it is a duty.
+
+5. Imagine some person saying that America is only for the rich. Review
+all the work that we have done, and show how it is just as fair to the
+poor man as to the rich.
+
+ADVANCED QUESTIONS
+
+A. Re-read the questions to chapters one and two. Note the difference in
+your answers.
+
+B. Map out a program so that you can show to all critics of America the
+ways in which the Constitution of the United States gives to all Americans
+the rights to LIFE, LIBERTY, and the PURSUIT OF HAPPINESS.
+
+C. You can now answer fully the question, “Why is America the most free
+and most just Nation on the globe?”
+
+D. What did Chief Justice Marshall mean when he said, “This is a
+government of laws, and not of men.”
+
+E. Prepare in writing a constitution for the “Lincoln Debating Club”.
+
+
+
+
+
+A WORD TO THE THE TEACHERS AND OTHERS
+
+
+“The very essence of civil liberty certainly consists in the right of
+every individual to claim the protection of the laws whenever he receives
+an injury. One of the first duties of government is to afford that
+protection. The Government of the United States has been emphatically
+termed, a government of laws, and not of men. It will certainly cease to
+deserve this high appellation, if the laws furnish no remedy for the
+violation of a vested legal right.”
+
+These words of Chief Justice Marshall in Marbury v. Madison, 1 Cranch,
+137, are the most significant and far reaching in their effect upon human
+government that were ever uttered by the lips of man.
+
+“A government of laws and not of men.” This expresses the fundamental
+difference between the government of this great American republic and all
+other systems of government devised by man before the Constitution of the
+United States came into being.(113)
+
+Government has been the great problem of the human race throughout all the
+ages since mankind first started out upon the great highway of life. The
+greatest problem men have ever been called upon to solve is “how they
+might live together in communities without cutting each others throats”.
+
+As we look back at the warring world of yesterday, yea as we look at the
+warring world to-day (1920), we are reminded that the history of the human
+family tells a long, sad story of war and bloodshed and death. The path
+which humanity has traveled stretches back into the dim distance, a long
+gleaming line of white human bones. The flowers, the trees, and the shrubs
+along the way have been nurtured by the red blood that flowed from human
+hearts. All over the world the battle has waged; away down in Egypt where
+the Nile scatters her riches; upon the banks of the Tiber which for
+centuries has reflected the majesty of Rome; upon the heights above the
+castle crowned Rhine; on the banks of the peaceful Thames; and upon the
+prairies that sweep back from the Father of Waters, men have fought and
+died. In the field and in the forest, by the sweet running brook, and upon
+the burning sands, in the mountain pass, and in the stony streets of the
+populous city, within the chancel rail of holy churches, and at the dark
+entrance to the Bastile—in all these places, and in a thousand more, the
+hand of the oppressed has been lifted against the oppressor, the right to
+be free that God gave to men has struggled with the power which might has
+given, and, alas! so often might has triumphed, and the slave, sick at
+heart, has been scourged to his dungeon. On a thousand hillsides burning
+fagots have consumed men who dared to dream of freedom, and in dark and
+slimy prison cells where God’s sunlight seldom entered, men have rotten
+with clanking chains upon their limbs because they dared to ask for the
+rights of freemen.
+
+In the olden days force ruled the world; the king, the crown, the scepter,
+were the insignia of power. All about were the instruments of force, the
+cannon, the moated castle, the marching armies of the king.
+
+And so it was until the American Nation was born, a Nation founded by
+exiles who were fleeing from oppression, from unrestrained power, exiles
+who dreamed of establishing a Nation, exiles with stout hearts and with
+strong hands with which to build it—a Nation where there would be no
+master and no slaves, where the citizen would rule and not the soldier,
+where the home and the school and not the castle would stand as the
+citadel of the Nation, where the steel would at last be molded into
+plowshares, and not into swords, where, instead of martial music, the song
+of the plowboy and the hum of the spinning wheel would greet the ear,
+where lust for power would be dethroned and brute force strangled, where
+love would rule and not brutality, where justice and not vengeance would
+be the end of judicial investigation, where the rights of men to live and
+to enjoy the fruits of their labor would be recognized. This was the dream
+of the fathers of the republic as they laid the foundation in the long
+ago.
+
+But this dream never would have been realized had it not been for the
+recognition of that great constitutional principle, announced by Chief
+Justice Marshall, that in this Nation the law is supreme; not supreme
+alone with the citizen, but supreme with the Nation and the States that
+compose the Nation; not supreme with the humble toiler, but supreme with
+the richest and the strongest; not supreme in theory, but supreme in truth
+and in fact.
+
+This great principle of the supremacy of the law finds its origin in that
+immortal document, the Constitution of the United States.(114)
+
+Few there are in these modern days who fully appreciate the wonderful
+blessings of a written Constitution which gives recognition to the
+fundamental natural rights of man, and provides guaranties against the
+invasion of these rights.
+
+Gladstone, the eminent statesman, said:
+
+
+    It (the American Constitution) is the greatest work ever struck
+    off at any one time by the mind and purpose of man.
+
+
+An eminent lawyer has said:
+
+
+    It has been the priceless adjunct of free government, the mighty
+    shield of the rights and liberties of the citizen. It has been
+    many times invoked to save him from illegal punishment, and save
+    his property from the greed of unscrupulous enemies, and to save
+    his political fights from the unbridled license of victorious
+    political opponents controlling legislative bodies; nor does it
+    sleep, except as a sword dedicated to a righteous cause sleeps in
+    its scabbard.
+
+
+Horace Binney says:
+
+
+    What were the States before the Union? The hope of their enemies,
+    the fear of their friends, and arrested only by the Constitution
+    from becoming the shame of the world.
+
+
+Sir Henry Maine gives the following estimate of the Constitution:
+
+
+    It isn’t at all easy to bring home to the men of the present day,
+    how low the credit of the Republic had sunk before the
+    establishment of the United States.... Its success has been so
+    great and striking, that men have almost forgotten, that if the
+    whole, or the known experiments of mankind in governments be
+    looked at together, there has been no form of government so
+    successful as the republican.
+
+
+Justice Mitchell of Pennsylvania, some twenty odd years ago said:
+
+
+    A century and a decade has passed since the Constitution of the
+    United States was adopted. Dynasties have arisen and fallen,
+    boundaries have extended and shrunken ’till continents seem almost
+    the playthings of imagination and war; nationalities have been
+    asserted and subdued; governments built up only to be overthrown,
+    and the kingdoms of the earth from the Pillars of Hercules to the
+    Yellow Sea have been shaken to their foundations. Through all this
+    change and obstruction, the Republic, shortest lived of all forms
+    of government in the prior history of the world, surviving the
+    perils of foreign and domestic war, has endured and flourished.
+
+
+And yet, it is true, “and pity ’tis, ’tis true”, that in these days there
+seems to be a great lack of confidence, nay even a feeling of contempt
+existing in the minds and hearts of many men for this great charter of
+human liberty. Men born to the blessings of freedom, men who do not stop
+to think about the cost of freedom, men who do not realize that this
+Nation is not the child of chance, but that it is the outgrowth of
+centuries of tears and blood and sacrifice in the cause of human
+freedom—these men assume an attitude of criticism, and would, by
+destroying the Constitution, fly from the “ills we have” and open their
+arms to evils “we know not of”.
+
+And this feeling, this unrest, this spirit of criticism, is not limited to
+the ignorant, nor the lowly. Many men and women of education and culture
+are prominent in the ranks of those who raise their voices in reckless
+condemnation.
+
+What is the source of this widespread feeling?
+
+For several years before the World War, we were passing through a period
+of readjustment in the political and social life of the Nation. Many
+people felt that privilege was too strongly entrenched in governmental
+favor. A noble feeling of sympathy for the weak and the unfortunate
+created a demand for social justice. A great political party was thrown
+out of power. Out of all this came appeals for legislation, most of it
+inspired by the highest motives, but much of it impractical and visionary,
+some of it so framed that in providing a benefit for a certain class, the
+rights of some other class were forgotten. Often it became necessary to
+recall the provisions of the Constitution, and some times it was used as a
+bar to the enactment of measures which were inspired only by the loftiest
+motives. Under such circumstances it is only natural that those intensely
+interested, seeing only from one standpoint, not understanding perhaps the
+far reaching effect of their favorite measures, should cry out at the
+limitations imposed by the Constitution.
+
+Then again courts are sometimes compelled, under their sworn duty to
+defend the Constitution, to hold that a legislative enactment is
+unconstitutional and void, because it violates some of the principles of
+that great document, created, not by courts, not by presidents, but by the
+people themselves for their own guidance and protection.
+
+But Chief Justice White gives the strongest reason for this feeling of
+contempt for the Constitution. He says:
+
+
+    There is great danger, it seems to me, to arise, from the constant
+    habit which prevails where anything is opposed or objected to, of
+    resorting without rhyme or reason, to the Constitution as a means
+    of preventing its accomplishment, thus creating the general
+    impression that the Constitution is but a barrier to progress,
+    instead of being the broad highway through which alone true
+    progress, may be enjoyed.
+
+
+Not only is this true, but unfortunately it is also true that every base
+murderer who begins to feel the rope tighten about his neck can find some
+lawyer who can devise some alleged constitutional reason why his client
+should not hang. The courts are constantly engaged in defending the
+Constitution against these base and unworthy attempts to defeat justice.
+
+Then upon every hand are those who hate authority, who despise law and
+order, and who denounce the Constitution because it stands between them
+and a realization of their greedy, vicious purposes.
+
+Justice White further says that there is “a growing tendency to suppose
+that every wrong that exists, despite the system, and which would be many
+times worse if the system did not exist, is attributable to it, and
+therefore that the Constitution should be disregarded or over-thrown”.
+
+The foregoing are some, but not all of the causes which weaken the faith
+of the people in the Constitution.
+
+Now recognizing that there is in this Nation a lack of respect for the
+Constitution, and knowing something of the causes which underlie this
+feeling, and realizing that the Constitution is in very truth the fortress
+and the glory of our republic, what is our duty?
+
+The duty of every man, woman, and child in America is to defend the
+Constitution with his life, if necessary, against those who condemn and
+traduce and seek to destroy.
+
+But how shall we defend it? Shall we oppose all amendments of the
+Constitution? No, by its very terms it is subject to amendment; but in
+contemplating its amendment, we should approach this sacred document in
+the same reverent spirit we would have if we were entering upon some holy
+shrine. It is the people’s Constitution; it is their right to amend it.
+Yea, it is their duty to amend it, if upon due deliberation, the rights of
+the whole people can be better protected or enforced.
+
+Complaint is sometimes made because of the delay involved in its
+amendment; but the provisions of the Constitution requiring deliberation
+were wisely inserted. It was intended that fundamental principles should
+not be changed under the inspiration of sudden passion. It contemplated
+mature deliberation. The fathers of the Republic were mindful of the
+storms which at times in the history of the world had swept the people to
+destruction.(115)
+
+Shall we rebuke the people who seek reforms? _Shall we decry progress or
+change?_ No, we should be the leaders in all such reforms. We should aid
+in guiding public sentiment along channels safe and sound and
+constitutional. We should give recognition to the appeals of those who
+would lighten the burdens of our brothers who may be heavy laden. We
+should aid in convincing the people that the Constitution is no restraint
+upon their aspirations for higher and better things; that it is in truth
+the guide and inspiration to better things.
+
+Shall we condemn those who through lack of knowledge do not appreciate the
+great value of the Constitution? No, we should teach them. We should lead
+them. We should inspire them with love and veneration for this great
+bulwark of human freedom.
+
+We must in very truth become teachers of all the people. We must carry to
+them the light of our knowledge. We must point out to them the rocks upon
+which other republics have been wrecked.(116)
+
+We must teach them that in the Constitution we find an absolute guaranty
+of protection for life, for liberty, and for property rights. That there
+is no man so lowly, that he cannot point to the Constitution as his shield
+from the acts of the tyrant, that he cannot point to his humble home as
+his “castle”, and under the sacred guaranties of the Constitution defy all
+the unlawful force of the world.
+
+We must teach them that it guarantees the inviolability of contracts, that
+it prevents even a great State from taking the life or property of its
+humblest citizen without a trial under due process of law, that trial by
+jury is preserved, and that no man can be convicted of a crime without the
+privilege of being represented by counsel, and that no man can be
+compelled to be a witness against himself.
+
+We must recall to them the awful tragedies enacted in the days of old,
+where, under Star Chamber proceedings, men were deprived of their property
+and their lives upon charges of treason, which were never proven; and then
+we must point out to them the burning words of the Constitution, which
+provides that no man can be found guilty of treason without at least two
+witnesses to the overt act.
+
+We must impress upon them the great truth, that there is not now, and
+never has been, a system of government which can abolish sorrow, or
+sickness, or stay the hand of death. That no government can help men who
+will not help themselves; that there is no way in which any government can
+bring riches to the indolent, nor bread to those who will not toil. We
+must combat the false philosophy which assumes that all men are equal in
+all things, because men are not equal, except as under the Constitution
+they are equal before the law. No system of legislation and no method of
+government can equalize the strong with the weak, the wise with the
+simple, the good with the bad. While God gives to some men wisdom and
+shrewdness which others do not possess, while some are broad shouldered,
+with muscles of steel, and others are frail, and tremble as they walk,
+there will always be riches, there will always be poverty, and any scheme
+for equalizing the possessions of men is but an idle dream which never can
+be realized until men are made over into beings without passion or pride
+or ambition or selfishness. Do not let them feel that its provisions are
+intended to protect only the rich and powerful. If the right of a railway
+corporation to certain lands is sustained under some constitutional
+provision, do not allow the people to assume that this provision exists
+only for corporations, but impress upon them that the same constitutional
+provision which protects the railway company in its rights, may be invoked
+in defense of the little homestead out upon the prairies.
+
+If some desperado should be acquitted because he invoked the
+constitutional requirement that he upon his trial must be confronted by
+the witnesses against him, remind those who criticise that this same
+provision is made for their sons who may to-morrow be unjustly charged
+with a crime; impress upon them that it is impossible to have one law for
+the guilty, and another for the innocent; and that under our Constitution,
+every man is presumed to be innocent until proven to be guilty.
+
+Then impress upon the people something of the wonderful growth of the
+Nation, the development of the Nation, and the progress of the Nation—all
+under the wise protection of the Constitution. To those who may be
+discouraged in the battle of life, and who may attribute their failure to
+the injustice of social conditions, point out what other men have done
+under the same conditions, with no better opportunity, and ask them to
+ponder the question as to whether their failure is not to be attributed
+largely to their own lack of energy and determination.(117)
+
+And if they point out abuses which do exist, ask them to aid in
+eliminating these abuses. If half the energy which is exerted by earnest,
+but misguided people, in efforts to tear down our form of government, were
+honestly applied in an effort to remedy existing evils in a constitutional
+way, these people would show that they were patriots, and at the same time
+they would accomplish something for their country and their
+fellowmen.(118)
+
+_Too long have we been silent_ while the enemies of our country have
+poisoned the minds of youth, yea, and of manhood and womanhood, with the
+gospel of treason.
+
+Those who despise and condemn the Constitution have in the past ten years
+had more earnest students of their vicious doctrines than have those who
+uphold the Constitution and prize their liberties which the Constitution
+guards and protects.
+
+All over the land earnest men and women are endeavoring to teach the great
+truth of Americanism, and with substantial success; but those who
+understand human nature realize that the faith of our fathers can only be
+firmly established by lighting the fires of patriotism and loyalty in the
+hearts of our children. Through them the great truths of our National life
+can be brought into the homes of the land.
+
+And the Nation will never be safe until the Constitution is carried into
+the homes, until at every fireside young and old shall feel a new sense of
+security in the guaranties which are found in this great charter of human
+liberty, and a new feeling of gratitude for the blessings which it assures
+to this, and to all future generations.
+
+
+
+
+
+DECLARATION OF INDEPENDENCE
+
+
+When in the Course of human events, it becomes necessary for one people to
+dissolve the political bands which have connected them with another, and
+to assume among the Powers of the earth, the separate and equal station to
+which the Laws of Nature and of Nature’s God entitle them, a decent
+respect to the opinions of mankind requires that they should declare the
+causes which impel them to the separation.
+
+We hold these truths to be self-evident, that all men are created equal,
+that they are endowed by their Creator with certain unalienable Rights,
+that among these are Life, Liberty and the pursuit of Happiness. That to
+secure these rights, Governments are instituted among Men, deriving their
+just powers from the consent of the governed. That whenever any form of
+Government becomes destructive of these ends, it is the Right of the
+People to alter or abolish it, and to institute new Government, laying its
+foundation on such principles and organizing its powers in such form, as
+to them shall seem most likely to effect their Safety and Happiness.
+Prudence, indeed, will dictate that Governments long established should
+not be changed for light and transient causes; and accordingly all
+experience hath shown, that mankind are more disposed to suffer, while
+evils are sufferable, than to right themselves by abolishing the forms to
+which they are accustomed. But when a long train of abuses and
+usurpations, pursuing invariably the same Object evinces a design to
+reduce them under absolute Despotism, it is their right, it is their duty,
+to throw off such Government, and to provide new Guards for their future
+security.—Such has been the patient sufferance of these Colonies; and such
+is now the necessity which constrains them to alter their former Systems
+of Government. The history of the present King of Great Britain is a
+history of repeated injuries and usurpations, all having in direct object
+the establishment of an absolute Tyranny over these States. To prove this,
+let Facts be submitted to a candid world.
+
+He has refused his Assent to Laws, the most wholesome and necessary for
+the public good.
+
+He has forbidden his Governors to pass Laws of immediate and pressing
+importance, unless suspended in their operation till his Assent should be
+obtained; and when so suspended, he has utterly neglected to attend to
+them.
+
+He has refused to pass other Laws for the accommodation of large districts
+of people, unless those people would relinquish the right of
+Representation in the Legislature, a right inestimable to them and
+formidable to tyrants only.
+
+He has called together legislative bodies at places unusual,
+uncomfortable, and distant from the depository of their Public Records,
+for the sole purpose of fatiguing them into compliance with his measures.
+
+He has dissolved Representative Houses repeatedly, for opposing with manly
+firmness his invasion on the rights of the people.
+
+He has refused for a long time, after such dissolutions, to cause others
+to be elected; whereby the Legislative Powers, incapable of Annihilation,
+have returned to the People at large for their exercise; the State
+remaining in the mean time exposed to all the dangers of invasion from
+without, and convulsions within.
+
+He has endeavoured to prevent the population of these States; for that
+purpose obstructing the Laws for Naturalization of Foreigners; refusing to
+pass others to encourage their migration hither, and raising the
+conditions of new Appropriations of Lands.
+
+He has obstructed the Administration of Justice, by refusing his Assent to
+Laws for establishing Judiciary Powers.
+
+He has made Judges dependent on his Will alone, for the tenure of their
+offices, and the amount and payment of their salaries.
+
+He has erected a multitude of New Offices, and sent hither swarms of
+officers to harass our People, and eat out their substance.
+
+He has kept among us, in times of peace, Standing Armies without the
+Consent of our legislature.
+
+He has affected to render the Military independent of and superior to the
+Civil Power.
+
+He has combined with others to subject us to a jurisdiction foreign to our
+constitution, and unacknowledged by our laws; giving his Assent to their
+Acts of pretended Legislation:
+
+For quartering large bodies of armed troops among us:
+
+For protecting them, by a mock Trial, from Punishment for any Murders
+which they should commit on the Inhabitants of these States:
+
+For cutting off our Trade with all parts of the world:
+
+For imposing taxes on us without our Consent:
+
+For depriving us in many cases, of the benefits of Trial by Jury:
+
+For transporting us beyond Seas to be tried for pretended offences:
+
+For abolishing the free System of English Laws in a neighbouring Province,
+establishing therein an Arbitrary government, and enlarging its Boundaries
+so as to render it at once an example and fit instrument for introducing
+the same absolute rule into these Colonies.
+
+For taking away our Charters, abolishing our most valuable Laws, and
+altering fundamentally the Forms of our Government:
+
+For suspending our own Legislatures, and declaring themselves invested
+with Power to legislate for us in all cases whatsoever.
+
+He has abdicated Government here, by declaring us out of his Protection
+and waging War against us.
+
+He has plundered our seas, ravaged our Coasts, burnt our towns, and
+destroyed the lives of our people.
+
+He is at this time transporting large armies of foreign mercenaries to
+compleat the works of death, desolation and tyranny, already begun with
+circumstances of Cruelty & perfidy scarcely parallel in the most barbarous
+ages, and totally unworthy the Head of a civilized nation.
+
+He has constrained our fellow Citizens taken Captive on the high Seas to
+bear Arms against their Country, to become the executioners of their
+friends and Brethren, or to fall themselves by their Hands.
+
+He has excited domestic insurrections amongst us, and has endeavoured to
+bring on the inhabitants of our frontiers, the merciless Indian Savages,
+whose known rule of warfare, is an undistinguished destruction of all
+ages, sexes and conditions.
+
+In every stage of these Oppressions We have Petitioned for Redress in the
+most humble terms: Our repeated Petitions have been answered only by
+repeated injury. A Prince, whose character is thus marked by every act
+which may define a Tyrant, is unfit to be the ruler of a free People.
+
+Nor have We been wanting in attention to our British brethren. We have
+warned them from time to time of attempts by their legislature to extend
+an unwarrantable jurisdiction over us. We have reminded them of the
+circumstances of our emigration and settlement here. We have appealed to
+their native justice and magnanimity, and we have conjured them by the
+ties of our common kindred to disavow these usurpations, which would
+inevitably interrupt our connections and correspondence. They too have
+been deaf to the voice of justice and of consanguinity. We must,
+therefore, acquiesce in the necessity, which denounces our Separation, and
+hold them, as we hold the rest of mankind, Enemies in War, in Peace
+Friends.
+
+We, therefore, the Representatives of the united States of America, in
+General Congress, Assembled, appealing to the Supreme Judge of the world
+for the rectitude of our intentions, do, in the Name, and by Authority of
+the good People of these Colonies, solemnly publish and declare, That
+these United Colonies are, and of Right ought to be Free and Independent
+States; that they are Absolved from all Allegiance to the British Crown,
+and that all political connection between them and the State of Great
+Britain, is and ought to be totally dissolved; and that as Free and
+Independent States, they have full Power to levy War, conclude Peace,
+contract Alliances, establish Commerce, and to do all other Acts and
+Things which Independent States may of right do. And for the support of
+this Declaration, with a firm reliance on the Protection of Divine
+Providence, we mutually pledge to each other our Lives, our Fortunes and
+our sacred Honor.
+
+
+
+
+
+CONSTITUTION OF THE UNITED STATES
+
+
+We the People of the United States, in Order to form a more perfect Union,
+establish Justice, insure domestic Tranquility, provide for the common
+defence, promote the general Welfare, and secure the Blessings of Liberty
+to ourselves and our Posterity, do ordain and establish this CONSTITUTION
+for the United States of America.
+
+ARTICLE I.
+
+Section 1. All legislative Powers herein granted shall be vested in a
+Congress of the United States, which shall consist of a Senate and House
+of Representatives.
+
+Section 2. The House of Representatives shall be composed of Members
+chosen every second Year by the People of the several States, and the
+Electors in each State shall have the Qualification requisite for Electors
+of the most numerous Branch of the State Legislature.
+
+No Person shall be a Representative who shall not have attained to the Age
+of twenty-five Years, and been seven Years a Citizen of the United States,
+and who shall not, when elected, be an Inhabitant of that State in which
+he shall be chosen.
+
+Representatives and direct Taxes shall be apportioned among the several
+States which may be included within this Union, according to their
+respective Numbers, which shall be determined by adding to the whole
+Number of free Persons, including those bound to Service for a Term of
+Years, and excluding Indians not taxed, three-fifths of all other Persons.
+The actual Enumeration shall be made within three Years after the first
+meeting of the Congress of the United States, and within every subsequent
+Term of ten Years, in such Manner as they shall by Law direct. The Number
+of Representatives shall not exceed one for every thirty Thousand, but
+each State shall have at Least one Representative; and until such
+enumeration shall be made, the State of New Hampshire shall be entitled to
+chuse three, Massachusetts eight, Rhode Island and Providence Plantations
+one, Connecticut five, New York six, New Jersey four, Pennsylvania eight,
+Delaware one, Maryland six, Virginia ten, North Carolina five, South
+Carolina five, and Georgia three.
+
+When vacancies happen in the Representation from any State, the Executive
+Authority thereof shall issue Writs of Election, to fill such Vacancies.
+
+The House of Representatives shall chuse their Speaker and other Officers;
+and shall have the sole Power of Impeachment.
+
+Section 3. The Senate of the United States shall be composed of two
+Senators from each State, chosen by the Legislatures thereof, for six
+Years; and each Senator shall have one Vote.
+
+Immediately after they shall be assembled in Consequence of the first
+Election, they shall be divided as equally as may be into three Classes.
+The Seats of the Senators of the first Class shall be vacated at the
+Expiration of the second Year, of the second Class at the Expiration of
+the fourth Year, and of the third Class at the Expiration of the sixth
+Year, so that one-third may be chosen every second Year; and if Vacancies
+happen by Resignation, or otherwise, during the Recess of the Legislature
+of any State, the Executive thereof may make temporary Appointments (until
+the next Meeting of the Legislature, which shall then fill such
+Vacancies).
+
+No Person shall be a Senator who shall not have attained to the Age of
+thirty Years, and been nine Years a Citizen of the United States, and who
+shall not, when elected, be an Inhabitant of that State for which he shall
+be chosen.
+
+The Vice President of the United States shall be President of the Senate,
+but shall have no Vote, unless they be equally divided.
+
+The Senate shall chuse their other Officers, and also a President pro
+tempore, in the absence of the Vice President, or when he shall exercise
+the Office of President of the United States.
+
+The Senate shall have the sole Power to try all Impeachments. When sitting
+for that Purpose, they shall be on Oath or Affirmation. When the President
+of the United States is tried, the Chief Justice shall preside: And no
+Person shall be convicted without the Concurrence of two-thirds of the
+Members present.
+
+Judgment in Cases of Impeachment shall not extend further than to removal
+from Office, and disqualification to hold and enjoy any Office of honor,
+Trust or Profit under the United States: but the Party convicted shall
+nevertheless be liable and subject to Indictment, Trial, Judgment and
+Punishment, according to Law.
+
+Section 4. The Times, Places and Manner of holding Elections for Senators
+and Representatives, shall be prescribed in each State by the Legislature
+thereof; but the Congress may at any time by Law make or alter such
+Regulations, except as to the Places of chusing Senators.
+
+The Congress shall assemble at least once in every Year, and such Meeting
+shall be on the first Monday in December, unless they shall by Law appoint
+a different Day.
+
+Section 5. Each House shall be the Judge of the Elections, Returns and
+Qualifications of its own Members, and a Majority of each shall constitute
+a Quorum to do Business; but a smaller Number may adjourn from day to day,
+and may be authorized to compel the Attendance of absent Members, in such
+Manner, and under such Penalties as each House may provide.
+
+Each House may determine the Rules of its Proceedings, punish its Members
+for disorderly Behavior, and, with the Concurrence of two-thirds, expel a
+Member.
+
+Each House shall keep a Journal of its Proceedings, and from time to time
+publish the same, excepting such Parts as may in their Judgment require
+Secrecy; and the Yeas and Nays of the Members of either House on any
+question shall, at the Desire of one-fifth of those Present, be entered on
+the Journal.
+
+Neither House, during the Session of Congress, shall, without the Consent
+of the other, adjourn for more than three days, nor to any other Place
+than that in which the two Houses shall be sitting.
+
+Section 6. The Senators and Representatives shall receive a Compensation
+for their Services, to be ascertained by Law, and paid out of the Treasury
+of the United States. They shall in all Cases, except Treason, Felony and
+Breach of the Peace, be privileged from Arrest during their Attendance at
+the Session of their respective Houses, and in going to and returning from
+the same; and for any Speech or Debate in either House, they shall not be
+questioned in any other Place.
+
+No Senator or Representative shall, during the Time for which he was
+elected, be appointed to any civil Office under the Authority of the
+United States, which shall have been created, or the Emoluments whereof
+shall have been increased during such time; and no Person holding any
+Office under the United States, shall be a Member of either House during
+his Continuance in Office.
+
+Section 7. All Bills for raising Revenue shall originate in the House of
+Representatives; but the Senate may propose or concur with Amendments as
+on other Bills.
+
+Every Bill which shall have passed the House of Representatives and the
+Senate, shall, before it become a Law, be presented to the President of
+the United States. If he approve he shall sign it, but if not, he shall
+return it, with his Objections to that House in which it shall have
+originated, who shall enter the Objections at large on their Journal, and
+proceed to reconsider it. If after such Reconsideration two thirds of that
+House shall agree to pass the Bill, it shall be sent, together with the
+Objections, to the other House, by which it shall likewise be
+reconsidered, and if approved by two thirds of that House, it shall become
+a Law. But in all such Cases the Votes of both Houses shall be determined
+by Yeas and Nays, and the Names of the Persons voting for and against the
+Bill shall be entered on the Journal of each House respectively. If any
+Bill shall not be returned by the President within ten Days (Sundays
+excepted) after it shall have been presented to him, the Same shall be a
+Law, in like Manner as if he had signed it, unless the Congress by their
+Adjournment prevent its Return, in which Case it shall not be a Law.
+
+Every Order, Resolution, or Vote to which the Concurrence of the Senate
+and House of Representatives may be necessary (except on a question of
+Adjournment) shall be presented to the President of the United States; and
+before the Same shall take Effect, shall be approved by him, or being
+disapproved by him, shall be repassed by two thirds of the Senate and
+House of Representatives, according to the Rules and Limitations
+prescribed in the Case of a Bill.
+
+Section 8. The Congress shall have Power to lay and collect Taxes, Duties,
+Imposts and Excises, to pay the Debts and provide for the common Defence
+and general Welfare of the United States; but all Duties, Imposts and
+Excises shall be uniform throughout the United States;
+
+To borrow money on the credit of the United States;
+
+To regulate Commerce with foreign Nations, and among the Several States,
+and with the Indian Tribes;
+
+To establish an uniform Rule of Naturalization, and uniform Laws on the
+subject of Bankruptcies throughout the United States;
+
+To coin Money, regulate the Value thereof, and of foreign Coin, and fix
+the Standard of Weights and Measures;
+
+To provide for the Punishment of counterfeiting the Securities and current
+Coin of the United States;
+
+To establish Post Offices and post Roads;
+
+To promote the Progress of Science and useful Arts, by securing for
+limited Times to Authors and Inventors the exclusive Right to their
+respective Writings and Discoveries;
+
+To constitute Tribunals inferior to the supreme Court;
+
+To define and punish Piracies and Felonies committed on the high Seas and
+Offences against the Law of Nations;
+
+To declare War, grant Letters of Marque and Reprisal, and make Rules
+concerning Captures on Land and Water;
+
+To raise and support Armies, but no Appropriation of Money to that Use
+shall be for a longer Term than two Years;
+
+To provide and maintain a Navy;
+
+To make Rules for the Government and Regulation of the land and naval
+Forces;
+
+To provide for calling forth the Militia to execute the Laws of the Union,
+suppress Insurrections and repel Invasions;
+
+To provide for organizing, arming, and disciplining the Militia, and for
+governing such Part of them as may be employed in the Service of the
+United States, reserving to the States respectively, the Appointment of
+the Officers, and the Authority of training the Militia according to the
+discipline prescribed by Congress;
+
+To exercise exclusive Legislation in all Cases whatsoever, over such
+District (not exceeding ten Miles square) as may, by Cession of particular
+States, and the acceptance of Congress, become the Seat of the Government
+of the United States, and to exercise like Authority over all Places
+purchased by the Consent of the Legislature of the State in which the Same
+shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards and
+other needful Buildings;—And
+
+To make all Laws which shall be necessary and proper for carrying into
+Execution the foregoing Powers, and all other Powers vested by this
+Constitution in the Government of the United States, or in any Department
+or Officer thereof.
+
+Section 9. The Migration or Importation of such Persons as any of the
+States now existing shall think proper to admit, shall not be prohibited
+by the Congress prior to the Year one thousand eight hundred and eight,
+but a tax or duty may be imposed on such Importation, not exceeding ten
+dollars for each Person.
+
+The Privilege of the Writ of Habeas Corpus shall not be suspended, unless
+when in Cases of Rebellion or Invasion the public Safety may require it.
+
+No Bill of Attainder or ex post facto Law shall be passed.
+
+No Capitation, or other direct Tax shall be laid, unless in Proportion to
+the Census or Enumeration herein before directed to be taken.
+
+No tax or Duty shall be laid on Articles exported from any State.
+
+No Preference shall be given by any Regulation of Commerce or Revenue to
+the Ports of one State over those of another; nor shall Vessels bound to,
+or from, one State, be obliged to enter, clear, or pay Duties in another.
+
+No Money shall be drawn from the Treasury, but in Consequence of
+Appropriations made by Law; and a regular Statement and Account of the
+Receipts and Expenditures of all Public Money shall be published from time
+to time.
+
+No Title of Nobility shall be granted by the United States: And no Person
+holding any Office of Profit or Trust under them, shall, without the
+Consent of the Congress, accept of any present, Emolument, Office, or
+Title, of any kind whatever, from any King, Prince, or Foreign State.
+
+Section 10. No State shall enter into any Treaty, Alliance, or
+Confederation; grant Letters of Marque and Reprisal; coin Money; emit
+Bills of Credit; make anything but gold and silver Coin a Tender in
+Payment of Debts; pass any Bill of Attainder, ex post facto law, or Law
+impairing the Obligation of Contracts, or grant any Title of Nobility.
+
+No State shall, without the Consent of the Congress, lay any Imposts or
+Duties on Imports or Exports, except what may be absolutely necessary for
+executing its inspection. Laws: and the net Produce of all Duties and
+Imposts, laid by any State on Imports or Exports, shall be for the Use of
+the Treasury of the United States; and all of such Laws shall be subject
+to the Revision and Control of the Congress.
+
+No State shall, without the Consent of Congress, lay any duty of Tonnage,
+keep Troops, or Ships of War in time of Peace, enter into any Agreement or
+Compact with another State, or with a foreign Power, or engage in War,
+unless actually invaded, or in such imminent Danger as will not admit of
+Delay.
+
+ARTICLE II.
+
+The executive Power shall be vested in a President of the United States of
+America. He shall hold his Office during the Term of Four Years, and,
+together with the Vice President, chosen for the same Term, be elected, as
+follows
+
+Each State shall appoint, in such Manner as the Legislature thereof may
+direct, a Number of Electors, equal to the whole Number of Senators and
+Representatives to which the State may be entitled in the Congress: but no
+Senator or Representative, or person holding an Office of Trust or Profit
+under the United States, shall be appointed as Elector.
+
+The Electors shall meet in their respective States, and vote by Ballot for
+two persons, of whom one at least shall not be an Inhabitant of the same
+State with themselves. And they shall make a List of all the Persons voted
+for, and of the Number of Votes for each; which List they shall sign and
+certify, and transmit sealed to the Seat of the Government of the United
+States, directed to the President of the Senate. The President of the
+Senate shall, in the Presence of the Senate and House of Representatives,
+open all the Certificates, and the Votes shall then be counted. The Person
+having the greatest Number of Votes shall be the President, if such Number
+be a Majority of the whole Number of Electors appointed; and if there be
+more than one who have such Majority, and have an equal Number of Votes,
+then the House of Representatives shall immediately chuse by Ballot one of
+them for President; and if no Person have a Majority, then from the five
+highest on the List the said House shall in like Manner chuse the
+President. But in chusing the President, the Votes shall be taken by
+States, the Representation from each State having one Vote; A quorum for
+this Purpose shall consist of a Member or Members from two-thirds of the
+States, and a Majority of all the States shall be necessary to a Choice.
+In every Case, After the Choice of the President, the Person having the
+greatest number of Votes of the Electors shall be the Vice President. But
+if there should remain two or more who have equal Votes, the Senate shall
+chuse from them by Ballot the Vice President.
+
+The Congress may determine the Time of chusing the Electors, and the Day
+on which they shall give their Votes; which Day shall be the same
+throughout the United States.
+
+No person except a natural born Citizen, or a Citizen of the United
+States, at the time of the Adoption of this Constitution, shall be
+eligible to the Office of President; neither shall any Person be eligible
+to that Office who shall not have attained the age of thirty-five years,
+and been fourteen Years a Resident within the United States.
+
+In Case of the Removal of the President from Office, or of his Death,
+Resignation or Inability to discharge the Powers and Duties of said
+Office, the Same shall devolve on the Vice President, and the Congress may
+by Law provide for the Case of Removal, Death, Resignations, or Inability,
+both of the President and Vice President, declaring what Officer shall
+then act as President, and such Officer shall act accordingly, until the
+Disability be removed, or a President shall be elected.
+
+The President shall, at stated Times, receive for his Services, a
+Compensation, which shall neither be increased nor diminished during the
+Period for which he shall have been elected, and he shall not receive
+within that Period any other Emolument from the United States, or any of
+them.
+
+Before he enter on the Execution of his Office, he shall take the
+following Oath or Affirmation:—“I do solemnly swear (or affirm) that I
+will faithfully execute the Office of President of the United States, and
+will to the best of my Ability, preserve, protect and defend the
+Constitution of the United States.”
+
+Section 2. The President shall be Commander in Chief of the Army and Navy
+of the United States, and of the Militia of the several States, when
+called into the actual Service of the United States; he may require the
+Opinion, in writing, of the principal Officer in each of the executive
+Departments, upon any Subject relating to the Duties of their respective
+Offices, and he shall have Power to grant Reprieves and Pardons for
+Offences against the United States, except in Cases of Impeachment.
+
+He shall have Power, by and with the Advice and Consent of the Senate, to
+make Treaties, provided two thirds of the Senators present concur; and he
+shall nominate, and by and with the Advice and Consent of the Senate,
+shall appoint Ambassadors, other public Ministers and Consuls, Judges of
+the supreme Court, and all other Officers of the United States, whose
+Appointments are not herein otherwise provided for, and which shall be
+established by Law: but the Congress may by Law vest the Appointment of
+such inferior Officers, as they think proper, in the President alone, in
+the Courts of Law, or in the Heads of Departments.
+
+The President shall have Power to fill up all Vacancies that may happen
+during the recess of the Senate, by granting Commissions which shall
+expire at the End of their next Session.
+
+Section 3. He shall from time to time give to the Congress Information of
+the state of the Union, and recommend to their Consideration such Measures
+as he shall judge necessary and expedient; he may, on extraordinary
+Occasions, convene both Houses, or either of them, and in Case of
+Disagreement between them, with Respect to the Time of Adjournment, he may
+adjourn them to such Time as he shall think proper; he shall receive
+Ambassadors and other public Ministers; he shall take Care that the Laws
+be faithfully executed, and shall Commission all the Officers of the
+United States.
+
+Section 4. The President, Vice President and all civil Officers of the
+United States, shall be removed from Office on Impeachment for, and
+Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
+
+ARTICLE III.
+
+Section 1. The judicial Power of the United States shall be vested in one
+supreme Court, and in such inferior Courts as the Congress may from time
+to time ordain and establish. The Judges, both of the supreme and inferior
+Courts, shall hold their Offices during good Behaviour, and shall, at
+stated Times, receive for their Services, a Compensation which shall not
+be diminished during their Continuance in Office.
+
+Section 2. The judicial Power shall extend to all Cases, in Law and
+Equity, arising under this Constitution, the Laws of the United States,
+and Treaties made, or which shall be made, under their Authority;—to all
+Cases affecting Ambassadors, other public Ministers and Consuls;—to all
+Cases of admiralty and maritime Jurisdiction;—to Controversies to which
+the United States, shall be a party;—to Controversies between two or more
+States;—between a State and Citizens of another State;—between Citizens of
+different States;—between Citizens of the same State claiming Lands under
+Grants of different States, and between a State, or the Citizens thereof,
+and foreign States, Citizens or Subjects.
+
+In all Cases affecting Ambassadors, other public Ministers and Consuls,
+and those in which a State shall be a Party, the supreme Court shall have
+original Jurisdiction. In all the other Cases before mentioned, the
+supreme Court shall have appellate Jurisdiction, both as to Law and Fact,
+with such Exceptions, and under such Regulations as the Congress shall
+make.
+
+The trial of all Crimes, except in Cases of Impeachment, shall be by Jury,
+and such Trial shall be held in the State where the said Crimes shall have
+been committed; but when not committed within any State, the Trial shall
+be at such Place or Places as the Congress may by Law have directed.
+
+Section 3. Treason against the United States, shall consist only in
+levying War against them, or in adhering to their Enemies, giving them Aid
+and Comfort. No person shall be convicted of Treason unless on the
+Testimony of two Witnesses to the same overt Act, or on Confession in open
+Court.
+
+The Congress shall have power to declare the Punishment of Treason, but no
+Attainder of Treason shall work Corruption of Blood, or Forfeiture except
+during the Life of the Person attainted.
+
+ARTICLE IV.
+
+Section 1. Full Faith and Credit shall be given in each State to the
+public Acts, Records and judicial Proceedings of every other State. And
+the Congress may by general Laws prescribe the Manner in which such Acts,
+Records and Proceedings shall be proved, and the Effect thereon.
+
+Section 2. The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.
+
+A Person charged in any State with Treason, Felony, or other Crime, who
+shall flee from Justice, and be found in another State, shall on demand of
+the executive Authority of the State from which he fled, be delivered up,
+to be removed to the State having Jurisdiction of the Crime.
+
+No Person held to Service or Labour in one State, under the Laws thereof,
+escaping into another, shall, in Consequence of any Law or Regulation
+therein, be discharged from such service or Labour, but shall be delivered
+up on Claim of the Party to whom such Service or Labour may be due.
+
+Section 8. New States may be admitted by the Congress into this Union; but
+no new State shall be formed or erected within the Jurisdiction of any
+other State; nor any State be formed by the Junction of two or more
+States, or parts of States, without the Consent of the Legislatures of the
+States concerned as well as of the Congress.
+
+The Congress shall have Power to dispose of and make all needful Rules and
+Regulations respecting the Territory or other property belonging to the
+United States; and nothing in this Constitution shall be so construed as
+to Prejudice any Claims of the United States, or of any particular State.
+
+Section 4. The United States shall guarantee to every State in this Union
+a Republican Form of Government, and shall protect each of them against
+invasion; and on Application of the Legislature, or of the Executive (when
+the Legislature cannot be convened) against domestic Violence.
+
+ARTICLE V.
+
+The Congress, whenever two thirds of both Houses shall deem it necessary,
+shall propose Amendments to this Constitution, or, on the Application of
+the Legislatures of two thirds of the several States, shall call a
+Convention for proposing Amendments, which, in either Case, shall be valid
+to all Intents and Purposes, as Part of this Constitution, when ratified
+by the Legislatures of three-fourths of the several States, or by
+Conventions in three-fourths thereof, as the one or the other Mode of
+Ratification may be proposed by the Congress; Provided that no Amendment
+which may be made prior to the Year One thousand eight hundred and eight
+shall in any Manner affect the first and fourth Clauses in the Ninth
+Section of the first Article; and that no State, without its Consent,
+shall be deprived of its equal Suffrage in the Senate.
+
+ARTICLE VI.
+
+All Debts contracted and Engagements entered into, before the Adoption of
+this Constitution, shall be as valid against the United States under this
+Constitution, as under the Confederation.
+
+This Constitution, and the Laws of the United States which shall be made
+in Pursuance thereof; and all Treaties made, or which shall be made, under
+the Authority of the United States, shall be the supreme Law of the Land;
+and the Judges in every State shall be bound thereby, any Thing in the
+Constitution or Laws of any State to the Contrary notwithstanding.
+
+The Senators and Representatives before mentioned, and the Members of the
+several State Legislatures, and all executive and judicial Officers, both
+of the United States and of the several States, shall be bound by Oath or
+Affirmation, to support this Constitution; but no religious Test shall
+ever be required as a Qualification to any Office or public Trust under
+the United States.
+
+ARTICLE VII.
+
+The Ratification of the Conventions of nine States shall be sufficient for
+the Establishment of this Constitution between the States so ratifying the
+Same.
+
+DONE in Convention by the Unanimous Consent of the States present the
+Seventeenth Day of September in the Year of our Lord one thousand seven
+hundred and Eighty seven, and of the Independence of the United States of
+America the Twelfth. In Witness whereof We have hereunto subscribed our
+Names,
+
+Go. Washington
+
+Presidt. and Deputy from Virginia
+
+
+
+
+
+ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITUTION OF THE UNITED
+STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES
+OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL
+CONSTITUTION
+
+
+ARTICLE I.
+
+Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof; or abridging the freedom of speech,
+or of the press; or the right of the people peaceably to assemble, and to
+petition the Government for a redress of grievances.
+
+ARTICLE II.
+
+A well regulated Militia, being necessary to the security of a free State,
+the right of the people to keep and bear Arms, shall not be infringed.
+
+ARTICLE III.
+
+No Soldier shall, in time of peace, be quartered in any house, without the
+consent of the Owner, nor in time of war, but in a manner to be prescribed
+by law.
+
+ARTICLE IV.
+
+The right of the people to be secure in their persons, houses, papers, and
+effects, against unreasonable searches and seizures, shall not be
+violated, and no Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized.
+
+ARTICLE V.
+
+No person shall be held to answer for a capital, or otherwise infamous
+crime, unless on a presentment or indictment of a Grand Jury, except in
+cases arising in the land or naval forces, or in the Militia, when in
+actual service in time of War or public danger; nor shall any person be
+subject for the same offence to be twice put in jeopardy of life or limb;
+nor shall be compelled in any criminal case to be a witness against
+himself, nor be deprived of life, liberty, or property, without due
+process of law; nor shall private property be taken for public use,
+without just compensation.
+
+ARTICLE VI.
+
+In all criminal prosecutions, the accused shall enjoy the right to a
+speedy and public trial, by an impartial jury, of the State and district
+wherein the crime shall have been committed, which district shall have
+been previously ascertained by law, and to be informed of the nature and
+cause of the accusation; to be confronted with the witnesses against him;
+to have compulsory process for obtaining witnesses in his favor, and to
+have the Assistance of Counsel for his defence.
+
+ARTICLE VII.
+
+In suits at common law, where the value in controversy shall exceed twenty
+dollars, the right of trial by jury shall be preserved, and no fact tried
+by a jury shall be otherwise re-examined in any Court of the United
+States, than according to the rules of the common law.
+
+ARTICLE VIII.
+
+Excessive bail shall not be required, nor excessive fines imposed, nor
+cruel and unusual punishments inflicted.
+
+ARTICLE IX.
+
+The enumeration in the Constitution, of certain rights, shall not be
+construed to deny or disparage others retained by the people.
+
+ARTICLE X.
+
+The powers not delegated to the United States by the Constitution, nor
+prohibited by it to the States, are reserved to the States respectively,
+or to the people.
+
+ARTICLE XI.
+
+The Judicial power of the United States shall not be construed to extend
+to any suit in law or equity, commenced or prosecuted against one of the
+United States by Citizens of another State, or by Citizens or Subjects of
+any Foreign State.
+
+ARTICLE XII.
+
+The Electors shall meet in their respective states and vote by ballot for
+President and Vice-President, one of whom, at least, shall not be an
+inhabitant of the same state with themselves; they shall name in their
+ballots the person voted for as President, and in distinct ballots the
+person voted for as Vice-President, and they shall make distinct lists of
+all persons voted for as President, and of all persons voted for as
+Vice-President, and of the number of votes for each, which lists they
+shall sign and certify, and transmit sealed to the seat of the government
+of the United States, directed to the President of the Senate;—The
+President of the Senate shall, in presence of the Senate and House of
+Representatives, open all the certificates and the votes shall then be
+counted;—The person having the greatest number of votes for President,
+shall be the President, if such number be a majority of the whole number
+of Electors appointed; and if no person have such majority, then from the
+persons having the highest numbers not exceeding three on the list of
+those voted for as President, the House of Representatives shall choose
+immediately, by ballot, the President. But in choosing the President, the
+votes shall be taken by states, the representation from each state having
+one vote; a quorum for this purpose shall consist of a member or members
+from two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. And if the House of Representatives shall not
+choose a President whenever the right of choice shall devolve upon them,
+before the fourth day of March next following, then the Vice-President
+shall act as President, as in the case of the death or other
+constitutional disability of the President.—The person having the greatest
+number of votes as Vice-President, shall be the Vice-President, if such
+number be a majority of the whole number of Electors appointed, and if no
+person have a majority, then from the two highest numbers on the list, the
+Senate shall choose the Vice-President; a quorum for the purpose shall
+consist of two-thirds of the whole number of Senators, and a majority of
+the whole number shall be necessary to a choice. But no person
+constitutionally ineligible to the office of President shall be eligible
+to that of Vice-President of the United States.
+
+ARTICLE XIII.
+
+Section 1. Neither slavery nor involuntary servitude, except as a
+punishment for crime whereof the party shall have been duly convicted,
+shall exist within the United States, or any place subject to their
+jurisdiction.
+
+Section 2. Congress shall have power to enforce this article by
+appropriate legislation.
+
+ARTICLE XIV.
+
+Section 1. All persons born or naturalized in the United States, and
+subject to the jurisdiction thereof, are citizens of the United States and
+of the State wherein they reside. No State shall make or enforce any law
+which shall abridge the privileges or immunities of citizens of the United
+States; nor shall any State deprive any person of life, liberty, or
+property, without due process of law; nor deny to any person within its
+jurisdiction the equal protection of the laws.
+
+Section 2. Representatives shall be apportioned among the several States
+according to their respective numbers, counting the whole number of
+persons in each State, excluding Indians not taxed. But when the right to
+vote at any election for the choice of electors for President and
+Vice-President of the United States, Representatives in Congress, the
+Executive and Judicial officers of a State, or the members of the
+Legislature thereof, is denied to any of the male inhabitants of such
+State, being twenty-one years of age, and citizens of the United States,
+or in any way abridged, except for participation in rebellion, or other
+crime, the basis of representation therein shall be reduced in the
+proportion which the number of such male citizens shall bear to the whole
+number of male citizens twenty-one years of age in such State.
+
+Section 3. No person shall be a Senator or Representative in Congress, or
+elector of President and Vice-President, or hold any office, civil or
+military, under the United States, or under any State, who, having
+previously taken an oath, as a member of Congress, or as an officer of the
+United States, or as a member of any State Legislature, or as an executive
+or judicial officer of any State, to support the Constitution of the
+United States, shall have engaged in insurrection or rebellion against the
+same, or given aid or comfort to the enemies thereof. But Congress may, by
+a vote of two-thirds of each House, remove such disability.
+
+Section 4. The validity of the public debt of the United States,
+authorized by law, including debts incurred for payment of pensions and
+bounties for services in suppressing insurrection or rebellion, shall not
+be questioned. But neither the United States nor any other State shall
+assume to pay any debt or obligation incurred in aid of insurrection or
+rebellion against the United States, or any claim for the loss or
+emancipation of any slave; but all such debts, obligations and claims
+shall be held illegal and void.
+
+Section 5. The Congress shall have power to enforce, by appropriate
+legislation, the provisions of this article.
+
+ARTICLE XV
+
+Section 1. The right of citizens of the United States to vote shall not be
+denied or abridged by the United States or by any State on account of
+race, color, or previous condition of servitude.
+
+Section 2. The Congress shall have power to enforce this article by
+appropriate legislation.
+
+ARTICLE XVI
+
+The Congress shall have power to lay and collect taxes on incomes, from
+whatever source derived, without apportionment among the several States,
+and without regard to any census or enumeration.
+
+ARTICLE XVII
+
+The Senate of the United States shall be composed of two Senators from
+each State, elected by the people thereof, for six years; and each Senator
+shall have one vote. The electors in each State shall have the
+qualifications requisite for electors of the most numerous branch of the
+State legislatures.
+
+When vacancies happen in the representation of any State in the Senate,
+the executive authority of such State shall issue writs of election to
+fill such vacancies: Provided, That the legislature of any State may
+empower the executive thereof to make temporary appointment until the
+people fill the vacancies by election as the legislature may direct.
+
+This amendment shall not be so construed as to affect the election or term
+of any Senator chosen before it becomes valid as part of the Constitution.
+
+ARTICLE XVIII
+
+Section 1. After one year from the ratification of this article the
+manufacture, sale, or transportation of intoxicating liquors within, the
+importation thereof into, or the exportation thereof from the United
+States and all territory subject to the jurisdiction thereof for beverages
+purposes is hereby prohibited.
+
+Section 2. The Congress and the several States shall have concurrent power
+to enforce this article by appropriate legislation.
+
+Section 3. This article shall be inoperative unless it shall have been
+ratified as an amendment to the Constitution by the legislatures of the
+several States, as provided in the Constitution, within seven years from
+the date of the submission hereof to the States by the Congress.
+
+ARTICLE XIX
+
+The right of citizens of the United States to vote shall not be denied or
+abridged by the United States or by any State on account of sex.
+
+Congress shall have power to enforce this article by appropriate
+legislation.
+
+
+
+
+
+
+FOOTNOTES
+
+
+    1 Boys and girls often do not realize the value of an education as a
+      preparation for success in life. The following figures from an
+      educational authority show what education does for a boy or a girl.
+
+      (a) Less than three per cent of the people of the United States have
+      a college education, but this three per cent furnishes fifty-nine
+      per cent of the men and women called successful. Fourteen per cent
+      come from those having had some college training. This shows that
+      nearly three-fourths of all men and women in the United States
+      called successful have had some college training.
+
+      (b) During the past ten years Massachusetts has given all her
+      children a minimum of seven years of schooling, while Tennessee has
+      given her children but three years. The Massachusetts citizens
+      produce per capita $260 per year, while the Tennessee citizens
+      produce per capita $116 per year.
+
+      (c) Of the fifty-five members attending the Federal convention that
+      made the Constitution of the United States in 1787, thirty had
+      attended college, and twenty-six had college degrees. Of the forty
+      State officers in Iowa in 1918, thirty were college graduates, seven
+      were graduates of high schools, and only three had less than a high
+      school education.
+
+      (d) The child with no schooling has one chance in 150,000 of
+      performing distinguished services; with elementary education he has
+      four times the chance; with high school education he has
+      eighty-seven times the chance; with college education he has eight
+      hundred times the chance.
+
+      (e) Every boy and every girl should stick to his school work until
+      he at least graduates from a fully accredited high school.
+
+    2 “Law can do nothing without morals.”—Benjamin Franklin.
+
+      “Through the whole of life and the whole system of duties, much the
+      strongest moral obligations are such as were never the results of
+      our option.”—Edmund Burke.
+
+      “To do evil that good may come of it, is for the bungler in politics
+      as well as in morals.”—Benjamin Franklin.
+
+      “Duty is not collective; it is personal.”—Calvin Coolidge.
+
+    3 “Ignorance of the law excuses no man.”—Selected.
+
+      “Knowledge is in every country the surest basis of public
+      happiness.”—George Washington.
+
+    4 “The thorough education of all classes of people is the most
+      efficacious means of promoting the prosperity of the Nation. The
+      material interests of its citizens, as well as their moral and
+      intellectual culture, depend upon its accomplishment.”—Robert E.
+      Lee.
+
+      “In a Republic education is indispensable. A Republic without
+      education is like the creature of imagination, a human being without
+      a soul, living and moving blindly, with no just sense of the present
+      or the future.”—Charles Sumner.
+
+      “Without popular education, no government which rests upon popular
+      action can long endure. The people must be schooled in the
+      knowledge, and if possible in the virtues, upon which the
+      maintenance and success of free institutions depend.”—Woodrow
+      Wilson.
+
+    5 “Where the State has bestowed education, the man who accepts it must
+      be content to accept it merely as charity, unless he returns it to
+      the State in full in the shape of good citizenship.”—Theodore
+      Roosevelt.
+
+    6 “_Government_—_Liberty_—_Authority_—_Law_—the man or the woman who
+      fails to appreciate the true meaning of these terms, lacks the
+      training necessary to be a good citizen in a Republic.”—Abraham
+      Lincoln.
+
+      “We need more of the office desk and less of the show-window in
+      politics. Let men in office substitute the midnight oil for the
+      lime-light.”—Calvin Coolidge.
+
+    7 “Government is the aggregate of authorities which rule a society.”
+
+      “Government is that institution or aggregate of institutions by
+      which society makes and carries out those rules of action which are
+      necessary to enable men to live in a social state, or which are
+      imposed upon the people forming that society by those who possess
+      the power or authority of prescribing them.”—Bouvier’s _Law
+      Dictionary_, Vol. I, p. 891.
+
+    8 Government is the organized means and power that a State or Nation
+      employs for the purpose of securing the rights of the people, and of
+      perpetuating its own existence.
+
+      The real aim and purpose is well stated in the preamble to our
+      Constitution when it says: “to form a more perfect Union, establish
+      Justice, insure domestic Tranquility, provide for the common
+      Defence, promote the general Welfare, and secure the blessings of
+      Liberty to ourselves and our Posterity”.
+
+      Government can never rise higher than the ideals of the people who
+      compose the government. Good governments are the products of good
+      people. Good governments can only exist where the people are
+      intelligent and upright in character, and where each citizen is
+      willing to guard the rights and privileges of others as well as
+      those of himself.
+
+      “This government _of the people_, _by the people_, and _for the
+      people_, shall not perish from the earth.”—Abraham Lincoln.
+
+    9 The object of government is to protect the citizens of a country and
+      to promote their general welfare, and it is composed of the
+      officials who care for the public interests of the citizens.
+
+      Under republican government, the weakest citizen enjoys the same
+      rights and privileges as do the strongest citizens, the poorest have
+      the same protection given to the richest, the most humble man or
+      woman has a chance to become the head of his or her government and
+      to lead the Nation among the most powerful Nations in the world.
+
+      “Brains and character rule the world. There were scores of men a
+      hundred years ago who had more intellect than Washington. He
+      outlives and overrides them all by the influence of his
+      character.”—Wendell Phillips.
+
+      “The true greatness of nations is in those qualities which
+      constitute the greatness of the individual.”—Charles Sumner.
+
+   10 “There is always hope in a man that actually and honestly works. In
+      idleness alone is there perpetual despair.”—Thomas Carlyle.
+
+      “He that hath a trade hath an estate, and he that hath a calling
+      hath an office of profit and honor.”—Benjamin Franklin.
+
+      “If you have the great talents, industry will improve them; if
+      moderate abilities, industry will supply their deficiencies.”—Joshua
+      Reynolds.
+
+      “Other nations have received their laws from conquerors; some are
+      indebted for a constitution to the suffering of their ancestors
+      through revolving centuries. The people of this country, alone, have
+      formally and deliberately chosen a government for themselves, and
+      with open and uninfluenced consent bound themselves into a social
+      compact. Here no man proclaims his birth or wealth as a title to
+      honorable distinction, or to sanctify ignorance and vice with the
+      name of hereditary authority. He who has most zeal and ability to
+      promote public felicity, let him be the servant of the public.”—John
+      Adams.
+
+      “The basis of our political system is the right of the people to
+      make or alter their constitution of government.”—George Washington.
+
+      “Let us then, fellow citizens, unite with one heart and one mind and
+      labor for the welfare of the country.”—Thomas Jefferson.
+
+      “The Declaration of Independence and the Constitution of the United
+      States are parts of one consistent whole, founded upon one and the
+      same theory of government,—that the people are the only legitimate
+      source of power, and that all just powers of government are derived
+      from the consent of the governed.”—John Quincy Adams.
+
+   11 This description almost perfectly fits the making of the Mayflower
+      Compact in the cabin of the ship Mayflower on November 11, 1620.
+      Those Pilgrim Fathers drew up an agreement which was the first
+      attempt at a written constitution in the New World. The Fundamental
+      Orders of Connecticut, of 1638, are generally conceded to be the
+      oldest real constitution in America.
+
+   12 When Jefferson wrote “all men are created equal”, he did not mean
+      that all infant children have equal capacities for learning or
+      accomplishment, but that all children ought to be given equal
+      opportunities by the government of a republic. He meant that in a
+      republic all children, whether rich or poor, whether of the
+      aristocracy or of the common people, had great opportunities to be
+      good and great men and women. He meant that a poor boy born in the
+      Kentucky mountains and a rail splitter in the woods of Illinois had
+      the opportunity to become President of the United States.
+
+      “The Declaration of Independence was not a mere temporary expedient,
+      but is an enunciation of fundamental truths intended for all
+      time.”—William J. Bryan.
+
+      “Fourscore and seven years ago our fathers brought forth upon this
+      continent a new nation, _conceived in liberty_, and dedicated to the
+      proposition that all men are created equal.”—Abraham Lincoln.
+
+      “Where slavery is, there _liberty_ cannot be and where _liberty_ is,
+      slavery cannot be.”—Abraham Lincoln.
+
+      “Respect for its (the government’s) authority, compliance with its
+      laws, acquiesence in its measures, are duties enjoined by the
+      fundamental maxims of true Liberty.”—George Washington.
+
+      “Liberty—on its positive side, denotes the fulness of individual
+      existence; on its negative side it denotes the necessary restraint
+      on all, which is needed to promote the greatest possible amount of
+      liberty for each.”—Bouvier’s _Law Dictionary_, Vol. I. p. 217.
+
+   13 “Other nations have received their laws from conquerors; some are
+      indebted for a constitution to the sufferings of their ancestors
+      through revolving centuries. The people of this country, alone have
+      formally and deliberately chosen a government for themselves, and
+      with open and uninfluenced consent bound themselves into a social
+      compact. Here no man proclaims his birth or wealth as a title to
+      honorable distinction, or to sanctify ignorance and vice with the
+      name of hereditary authority.”—John Adams.
+
+   14 “Liberty means freedom in the enjoyment of all one’s faculties in
+      all lawful ways, the liberty to earn a livelihood by any lawful
+      calling, the liberty to live and work where one wills.”—_Allgeyer
+      vs. Louisiana, 165 U. S. 578._
+
+   15 “Civil liberty is the liberty belonging to men in organized society.
+      It is liberty defined, regulated and protected by positive law of
+      the State or recognized as existing under customary
+      law.”—_Cyclopedia of American Government_, Vol. II, p. 347.
+
+      The American people are a peculiar people. They are peculiar in
+      their origin, peculiar in their make-up, and due to their
+      sufferings, their persecutions, and their enduring perseverance,
+      they are still a peculiar people. From the first white man to steer
+      his little wooden ship westward across the great Atlantic ocean to
+      the latest arrival among the most recent immigrants, the people
+      coming to America have been different from those people remaining in
+      their European homes. The conditions surrounding the lives of those
+      people in Europe who left their homes and first settled in America
+      were not materially different from the conditions surrounding the
+      lives of thousands of other people who were satisfied and content to
+      remain on their European shores. Many men thought the earth was
+      round long before Christopher Columbus sailed away from that little
+      seaport town in Spain to test his own ideas of finding a shorter
+      route to India. Many people believed in religious liberty long
+      before the Pilgrims and Puritans landed on the bleak New England
+      shores and suffered the hardships of first settlers in a new country
+      in order to worship God as they pleased. Many people seriously and
+      intelligently doubted the divine right of kings, and believed in the
+      rights of the people to govern themselves long before the American
+      colonists adopted the Declaration of Independence. But it was left
+      for these people—these coming Americans—to demonstrate to all the
+      world that America was to be peopled by men and women of different
+      ideals, different hopes, and different ambitions from all the other
+      nations of the world.
+
+   16 A pure democracy would be that form of government in which all
+      people of the age of twenty-one years could actually take part in
+      making the laws and administering the government. A country would
+      need be very small indeed, if _all_ the people above twenty-one
+      years of age could assemble in any one place and organize and
+      conduct a meeting in which _all_ could take part in law-making. No
+      building would be large enough to accommodate all the people and
+      even if all the people assembled out of doors, the number would be
+      so large that those standing or sitting near the outer edge of the
+      assembly would be so far from the speaker that they could not hear
+      what he said when he spoke to them. A pure democracy is a physical
+      impossibility. The nearest form of government to a pure democracy is
+      a representative democracy, or one in which groups of people choose
+      one or more persons to represent them. Then these representatives
+      make laws and carry on the government in the name of all the people
+      whom they represent. Therefore a democracy is that form of
+      government in which all people have equal opportunities, and in
+      which all may take part in the government through their chosen
+      representatives.
+
+      “No matter how widely democracy may be extended, if it is not
+      accompanied by a certain equality of opportunity among the members
+      of the political society, it is not democracy.”—_Cyclopedia of
+      American Government_, Vol. I, p. 561.
+
+      “Democracy is that form of government in which the people rule. The
+      basis of democracy is equality, as that of the aristocracy is
+      privilege.”—Bouvier’s _Law Dictionary_, Vol. I, p. 540.
+
+      “The beginnings of democracy were best observed in the townships of
+      New England, where the Puritans from England settled and organized
+      towns which were centers of democracy.”—Peter Roberts.
+
+      In an absolute monarchy, the ruler is supreme; in a limited
+      monarchy, the parliament or congress sets a limit to the powers of
+      the ruler; in a democracy, the people rule.
+
+      “It is almost impossible that all the people will exactly agree on
+      any proposition, either political or social. Therefore the rule of
+      government in a democracy is, that all the people shall accept and
+      obey those laws and regulations that are pleasing to the majority.”
+
+      “The basis of our political system is the right of the _people_ to
+      make or alter their constitution of government.”—George Washington.
+
+      “No man is good enough to govern another man without that other
+      man’s consent.”—Abraham Lincoln.
+
+      “This country, with all its institutions, belongs to the people who
+      inhabit it.”—Abraham Lincoln.
+
+      “I believe that the American people accept, as one just definition
+      of democracy, Napoleon’s phrase, ’Every career is open to
+      talent’.”—Charles William Eliot.
+
+      Lincoln defined a democracy as “A government of the people, by the
+      people, and for the people”.
+
+   17 “A Republic may be defined as a state in which the sovereign power
+      rests in the people as a whole but is exercised by representatives
+      chosen by a popular vote.”—_Cyclopedia of American Government_, Vol.
+      III, p. 188.
+
+      “A Republic, in the modern sense of the term, is a government which
+      derives all its powers directly, or indirectly, from the great body
+      of the people, i. e. the majority—and is administered by persons
+      holding their offices for a limited period.”—_Cyclopedia of American
+      Government_, Vol. III, p. 188.
+
+      “Republican government is a government of the people; a government
+      by representatives chosen by the people.”—Bouvier’s _Law
+      Dictionary_.
+
+      The Constitution of the United States in Art. IV, Sec. 4 guarantees
+      to every State a republican form of government, but it does not
+      define what is republican government. It is generally assumed that
+      if for any reason the representative government of a State should be
+      destroyed or temporarily set aside, it would be the duty of the
+      Federal government, acting through the President as chief executive,
+      to use whatever force was necessary (including the army and navy) to
+      overcome such agency and to restore to the people of that State its
+      former representative government.
+
+      “It is left to Congress to decide what constitutes a republican form
+      of government, and Congress also has the right to say which
+      government in a state is the legal government. This necessarily
+      follows because before Congress can decide whether the government is
+      Republican it must decide which government is in force.”—_Luther vs.
+      Borden, 7 Howard 1._
+
+      “It is Congress and not the President who decides what is Republican
+      government in a state.”—_Martin vs. Mott, 12 Wheaton 19._
+
+   18 “It may well be contended that a republican form of government
+      necessarily involves the exercise of powers of government by
+      representative officers and bodies, and the distribution of powers
+      of government among distinct and independent departments.”—McClain’s
+      _Constitutional Law_, p. 10.
+
+_   19 Initiative_ means the right of the people to initiate or commence
+      the process of lawmaking. It is done by circulating a petition
+      asking that a certain provision be enacted into law. If the petition
+      receives the signatures of a certain percentage of qualified voters,
+      the legislature is required to enact the provision into law, or
+      submit it to the voters to determine whether it shall become law.
+
+      _Referendum_ means that the qualified voters through the process of
+      balloting may determine whether a measure proposed either through
+      the action of the legislature, or through the initiative, shall
+      become law.
+
+      _Recall_ is the method by which the qualified voters may remove an
+      undesirable officer from office before the expiration of his term.
+      It is done through a petition requiring a certain percentage of
+      signers from among the qualified voters. If the petition is
+      sufficient an election is called at which time the officer may
+      appear for continuation in office and others may appear as
+      candidates for that office. The one receiving the largest vote is
+      duly chosen.
+
+   20 Children who attend the public school are subject to the law as well
+      as are grown people who work in factories or on farms. The teacher
+      must have rules and regulations governing the conduct of pupils in
+      school. These are laws which the children must obey. If a pupil
+      insists on disturbing other pupils or talking out loud—such may be a
+      violation of the rules governing a good school and the pupil may be
+      punished for such violation.
+
+   21 Law has been defined as: “The aggregate of those laws and principles
+      of conduct which the governing power in a community recognizes as
+      the rules and principles which it will enforce or sanction, and
+      according to which it will regulate, limit, or protect the conduct
+      of its members.”—Bouvier’s _Law Dictionary_, Vol. II, p. 144.
+
+      “Law consists of the rules and methods by which society compels or
+      restrains the actions of its members.”
+
+      In the legal sense—A law is a rule which the courts will enforce.
+      The courts will not enforce all rules, and therefore there are many
+      rules which are not law in the legal sense.
+
+      “Law _might_ be defined as the aggregate of those rules and
+      principles promulgated by legislative authority or established by
+      local custom, and our laws are the resultant derived from a
+      combination of the divine or moral laws, the laws of nature and
+      human experience, as such resultant has been evolved by human
+      intellect, influenced by the virtue of the ages.”—_Words and
+      Phrases_, p. 33.
+
+      “Law has her seat in the bosom of God; her voice in the harmony of
+      the world.”—Hooker.
+
+      “Laws are the very bulwark of liberty. They define every man’s
+      rights, and stand between and defend individual liberties of
+      all.”—J. G. Holland.
+
+      “Laws exist in vain for those who do not have the courage and the
+      means to defend them.”—Thomas B. Macauley.
+
+      “Laws, written, if not on stone tablets, yet on the azure of
+      infinitude, in the inner heart of God’s creation, certain as life,
+      certain as death, are they, and thou shalt not disobey them.”—Thomas
+      Carlyle.
+
+      “A rule of civil conduct prescribed by the supreme power in a
+      state.”—Bouvier’s _Law Dictionary_.
+
+   22 Laws and rules are statements of what has been agreed upon as proper
+      conduct among persons who associate together. A person living on a
+      lonely island in the ocean with no other person near would not need
+      law. But as soon as two persons share the island and its fruits and
+      animals and plants, then certain rules need be set up for the
+      protection of each against the other. Where people are most closely
+      associated, we need the greatest number of rules or laws. People
+      living in large cities must more often need law than do those living
+      in rural districts.
+
+   23 A person may drive an automobile at twenty miles per hour on a
+      country road with perfect safety, but twenty miles per hour in a
+      crowded city would be positively dangerous to people crossing the
+      streets. Therefore the speed limit of five or perhaps ten miles per
+      hour in cities.
+
+   24 People have as much right to walk on the sidewalks of the town or
+      city as do other people to drive teams and wagons or automobiles on
+      the streets. Each must obey the traffic laws. At crossings their
+      rights of passage conflict, therefore each must be on the look-out
+      when crossing the street. The law provides street crossings,
+      therefore footmen must not “cut the crossings” but go the directed
+      way.
+
+   25 When election time comes each year, or every two years, those who
+      are qualified to vote ought by all means give careful consideration
+      to the candidates for office and to the issues that constitute the
+      campaign. It requires good men to make good laws. Good men are only
+      chosen to office when good people interest themselves in the
+      candidates and attend the elections and cast intelligent votes. Good
+      laws are properly enforced only when good men are chosen to office.
+
+   26 “A child, an apprentice, a pupil, a mariner, and a soldier owe
+      respectively obedience to the lawful commands of the parent, the
+      master, the teacher, the captain of the ship, and the military
+      officer having command: and in case of disobedience submission may
+      be enforced by correction.”—Bouvier’s _Law Dictionary_, Vol. II, p.
+      531.
+
+      “To obey is better than sacrifice.”
+
+      “Children, obey your parents in all things; for this is well
+      pleasing unto the Lord.”
+
+      “Servants, obey in all things your masters according to the flesh;
+      not with eye service, as men pleasers; but in singleness of heart,
+      fearing God.”
+
+      “Masters, give unto your servants that which is just and equal;
+      knowing that ye also must be obedient.”—Quotations from _The Bible_.
+
+      “The capacity of the people for self government, and their
+      willingness, ... to submit to all needful restraints, and exactions
+      of municipal law, have been favorably exemplified in the history of
+      the American States.”—Martin Van Buren.
+
+      “Let us have faith that right makes might and in that faith let us
+      to the end dare do our duty as we understand it.”—Abraham Lincoln.
+
+      “Surely I do not misinterpret the spirit of the occasion when I
+      assume that the whole body of the people convenant with me today to
+      support and defend the Constitution and ... to yield a willing
+      obedience to all the laws, and each to every other citizen his equal
+      civil and political liberty.”—Benj. Harrison.
+
+      “Patriotism calls for the faithful performance of all the duties of
+      citizenship in small matters as well as great, at home as well as on
+      tented fields.”—William J. Bryan.
+
+   27 We must see ourselves as we are, moving in our daily life, guarded
+      and safeguarded in every act by law. Every act in life is lawful or
+      unlawful; that is, we are protected by the law in our every act, or
+      we are condemned or punished. Here are two children on their way to
+      school, one walking upon the sidewalk, exercising a lawful right;
+      one riding his bicycle upon the sidewalk, performing an unlawful
+      act. The one is an example of a careful law-abiding citizen, the
+      other an example of a law-violator.
+
+   28 Constitution of the United States, Art. I, Sec. 8, Cl. 5.
+
+   29 Created by an Act of Congress of March 3rd, 1901. It is a bureau of
+      the Department of Commerce, and is charged with comparing the
+      standards used in scientific investigations, commerce, and
+      educational institutions with standards adopted and recognized by
+      the government.
+
+   30 The Thirty-fifth General Assembly of the State of Iowa provided for
+      a State Inspector of Weights and Measures whose duty is to travel
+      over the State and investigate conditions among those who buy and
+      sell, and to make arrests and prosecute those found defrauding
+      others by giving short weights or measures, or who sell or offer for
+      sale spoiled foods, or keep their shops or stores in an unsanitary
+      condition.
+
+   31 Constitution of the United States, Art. I, Sec. 8, Cl. 5.
+
+_   32 Revised Statutes of the United States_, Sec. 5413 and following.
+
+   33 Very few letters are ever lost in the mails. The writer one time
+      addressed a letter to a friend living in Sydney, Australia. It was
+      mailed at Iowa City, Iowa, and was sent east. That letter went by
+      way of New York, England, France, Italy, the Suez Canal, and the
+      Indian Ocean to Sydney, Australia. The person to whom it was sent
+      had, in the meantime, left Sydney and the letter failed of delivery.
+      About three months after being first mailed it was returned to the
+      writer whose return address was on the outside of the envelope. In
+      being returned it came by way of the Pacific Ocean to San Francisco
+      and across the United States from the west. The letter had encircled
+      the globe and was returned safely to the original sender. Pretty
+      good work for the International Mail System.
+
+   34 Constitution of the United States, Art. I, Sec. 8, Cl. 7.
+
+   35 There are four general theories as to the origin of the Constitution
+      of the United States: (1) That it was an entirely new document. This
+      theory was inspired by the statement of Gladstone. People who heard
+      Mr. Gladstone or read of his comment on the Constitution
+      misinterpreted his saying and came to believe he meant that that
+      great Constitution was the work of the moment as conceived by the
+      men in the convention at Philadelphia. No one knew better than Mr.
+      Gladstone himself that such was not true. (2) That it was copied
+      almost entirely after the English constitution of that time. This
+      was the theory of Sir Henry Maine, and it was just as erroneous as
+      was the common acceptance of Gladstone’s statement. There are many
+      things in the Constitution of the United States that were not in the
+      English constitution of that time. (3) That it was based entirely
+      upon the experience of the colonists themselves. This theory is also
+      incorrect as the facts show that many fundamentals of the
+      Constitution were copied directly from the governments of European
+      countries. (4) That it was due to all the above influences taken
+      together, but that they were worked out by the colonists and the
+      Constitution makers in their many years of experience in making
+      Constitutions for the States after their independence from England,
+      and during the time of the Confederation.
+
+      A careful study of the debates in the convention at Philadelphia
+      will reveal the fact that the different governments, institutions,
+      rulers, and statesmen of Europe were referred to in the making of
+      the Constitution.
+
+      During the discussions in the convention one hundred and thirty
+      allusions were made to the government and institutions of England.
+      The allusions made to France numbered nineteen. Those made to the
+      German States were seventeen. Those made to Holland were nineteen.
+      Greece was referred to thirteen times; Switzerland was alluded to
+      five times; and Rome was alluded to sixteen times.
+
+      The English government and institutions were held up as a model to
+      be imitated fifty times; as an example to be avoided, twenty-four
+      times. France was held up as a model three times, and as a warning
+      five times. Rome was cited five times as a model and seven times as
+      a warning.
+
+      From the standpoint of training, experience, and general
+      qualifications for constitution makers, the delegates who sat in the
+      Federal convention at Philadelphia were the most remarkable group of
+      statesmen the world has ever seen. Sixty-five delegates were chosen,
+      of whom fifty-five attended the convention and of these thirty-nine
+      signed the Constitution, three were present but refused to sign, and
+      thirteen were absent on the last day. Of the fifty-five who sat in
+      the convention, twenty-five were from northern States and thirty
+      from southern States. Of the thirty-nine signers, nineteen were from
+      the North and twenty from the South.
+
+      Of the fifty-five men thirty were college men, twenty-six had
+      degrees, forty-seven were afterwards prominent in public life; of
+      the remaining eight, at least four died soon after the close of the
+      convention. The most noted men were: Washington, Franklin, Hamilton,
+      Madison, Wilson, Patterson, Gerry, Sherman, Pinckney, and Randolph.
+      Six men who signed the Constitution had also signed the Declaration
+      of Independence—Benjamin Franklin, James Wilson, Robert Morris, and
+      George Clymer of Pennsylvania, Roger Sherman of Connecticut, and
+      George Read of Delaware.—Meyerholz’s _The Federal Convention_.
+
+   36 Montesquieu, a famous French writer of the eighteenth century, tells
+      us that political liberty consists in the security one feels in
+      doing whatever the law permits. However we must remember that the
+      laws themselves must likewise be sound.
+
+   37 We must notice that Article I of “The Short Constitution” commences,
+      “_Congress shall make no law_” etc., which means that these first
+      eight amendments to the Constitution of the United States apply only
+      to the Federal government, and are limitations on the powers of
+      Congress rather than on the powers of the States. However most
+      States have similar provisions in their Constitutions.
+
+   38 Article X is important because it tells in a few words the exact
+      relation of the States to the Federal government.
+
+   39 Article V of the main body of the Constitution provides that when
+      nine States should ratify the Constitution, it should be established
+      as the frame of government. The first State to ratify was Delaware,
+      December 7, 1787; the ninth State was New Hampshire, June 21, 1788;
+      and the last State was Rhode Island, May 29, 1790.
+
+   40 George Washington expressed the vast importance of this thought when
+      he said: “_The basis of our political system is the right of the
+      people to make or alter their constitution of government._”
+
+      “The Constitution is itself in every rational sense and to every
+      useful purpose a bill of rights.”—Alexander Hamilton.
+
+      “Much of the strength and efficiency of any government in procuring
+      and securing happiness to the people depends on opinion, on the
+      general opinion of the goodness of the government, as well as of the
+      wisdom and integrity of its governors. I hope, therefore, for our
+      own sakes, as a part of the people and for the sake of our
+      posterity, that we shall act heartily and unanimously in
+      recommending this Constitution wherever our influence may extend,
+      and turn our future thoughts and endeavors to the means of having it
+      well administered.”—Benjamin Franklin.
+
+      “In the fullness of time a Republic rose up in the wilderness of
+      America. Thousands of years had passed away before this child of the
+      ages could be born. From whatever there was of good in the systems
+      of former centuries, she drew her nourishment; the wrecks of the
+      past were her warnings. The wisdom which had passed from India
+      through Greece, with what Greece had added of her own, the
+      jurisprudence of Rome, the mediaeval municipalities, the Teutonic
+      method of representation, the political experience of England, the
+      benignant wisdom of the expositors of the law of nature and of
+      nations in France and Holland, all shed on her their selectest
+      influence. Out of all the discoveries of statesmen and sages, out of
+      all the experience of past human life, she compiled a perennial
+      political philosophy, the primordial principles of national
+      ethics—she sought the vital elements of social forms and blended
+      them harmoniously in the free commonwealth which comes nearest to
+      the illustration of the natural equality of all men. She entrusted
+      the guardianship of established rights to law; the movement of
+      reform to the spirit of the people and drew her force from the happy
+      reconciliation of both.”—George Bancroft.
+
+      “In spite of its supposed precision, and its subjection to judicial
+      construction, our constitution has always been indirectly made to
+      serve the turn of that sort of legislation which its friends call
+      progressive, and its enemies call revolutionary, quite as
+      effectively as though Congress had the omnipotence of parliament.
+      The theory of the latent powers to carry out those granted has been
+      found elastic enough to satisfy almost any party demands in time of
+      peace, to say nothing of its enormous extensions in time of
+      war.”—_The Nation_, November 7, 1872, No. 384, p. 300.
+
+      “Our fathers by an almost divine prescience, struck the golden
+      mean.”—Pomeroy’s _An Introduction to the Constitutional History of
+      the United States_, p. 102.
+
+      “It (the United States Constitution) ranks above every other written
+      Constitution for the intrinsic excellence of its scheme, its
+      adaptation to the circumstances of the people, the simplicity,
+      brevity and precision of its language, its judicious mixture of
+      definition in principle with elasticity in details. One is induced
+      to ask, to what causes, over and above the capacity of its authors
+      and the patient toil they bestowed upon it, these merits are due, or
+      in other words, what were the materials at the command of the
+      Philadelphia Convention for the achievement of so great an
+      enterprise as the creation of a nation by means of an instrument of
+      government. The American Constitution is no exception to the rule
+      that everything which has power to win the obedience and respect of
+      men must have its roots deep in the past, and that the more slowly
+      every institution has grown, so much the more enduring it is likely
+      to prove. There is little in this Constitution that is absolutely
+      new. There is much that is as old as Magna Charta.”—James Bryce,
+      author of _The American Commonwealth_.
+
+      “Let reverence for the law be breathed by every mother to the
+      lisping babe that prattles on her lap; let it be taught in schools,
+      seminaries, and colleges; let it be written in primers, spelling
+      books and almanacs; let it be preached from pulpits, and proclaimed
+      in legislative halls, and enforced in courts of justice; let it
+      become the political religion of the nation.”—Abraham Lincoln.
+
+      “The Constitution, which may at first be confounded with the Federal
+      Constitutions which have preceded it, rests in truth upon a wholly
+      novel theory—a great discovery in modern political science. In all
+      the Confederations which have preceded the American Constitution of
+      1787, the Allied States ... agreed to obey the injunctions of a
+      federal government; but they reserved to themselves the right of
+      ordaining and enforcing the laws of the Union....” (The American
+      government, he explains, claims directly the allegiance of every
+      citizen, and acts upon each directly through its own courts and
+      officers.) “This difference has produced the most momentous
+      consequences.”—Tocqueville’s _Democracy in America_.
+
+      “It will be the wonder and admiration of all future generations and
+      the model of all future constitutions.”—William Pitt, after reading
+      the Constitution of the United States.
+
+      “The Constitution of the United States is by far the most important
+      production of its kind in human history. It created, without
+      historic precedent, a federal-national government It combined
+      national strength with individual liberty in a degree so remarkable
+      as to attract the world’s admiration. Never before in the history of
+      man had a government struck so fine a balance between liberty and
+      union, between state rights national sovereignty. The world had
+      labored for ages to solve this greatest of all governmental
+      problems, but it had labored in vain. Greece in her mad clamor for
+      liberty had forgotten the need of the strength that union brings,
+      and she perished. Rome fostered union, nationality, for its
+      strength, until it became a tyrant and strangled the child liberty.
+      It was left for our own Revolutionary fathers to strike the balance
+      between these opposing forces to join them in a perpetual wedlock in
+      such a way as to secure the benefits of both. They selected the best
+      things that had been tried and proved. Hence their great success,
+      hence the fact that 132 years after its signing, this same
+      Constitution is still the supreme law of the land and more deeply
+      imbedded in the American heart than ever.”—Henry William Elson.
+
+      “The Constitution is not an arbitrary, unchangeable document, but
+      can be adapted to meet new conditions whenever the people decide. It
+      should be upheld because under its wise provisions the United States
+      has developed into a great nation of happy and prosperous people;
+      because it contains sacred guarantees of protection for the
+      individual; and because it affords freedom and opportunity for every
+      citizen, whether native-born or naturalized. American citizenship
+      securely rests upon its firm foundation.”—Henry Litchfield West.
+
+      “The Federal Constitution, the whole of it, is nothing but a code of
+      the people’s liberties, political and civil. The Constitution is not
+      a mass of rules, but the very substance of our freedom, not
+      obsolete; but in every part alive; more needful now than ever, and
+      as fitted to our needs.”—Stimson’s _The American Constitution_.
+
+      “No other country in the world possesses the guarantees of
+      individual liberty and inherent rights that are accorded by the
+      Constitution of the United States.”—David Jayne Hill’s _The People’s
+      Government_.
+
+      “We need not view with apprehension or even regret the gradual
+      adaptation of the Constitution to the ever-changing needs from
+      generation to generation of the most progressive nation in the
+      world. The Constitution is not a static institution. It is neither,
+      on the one hand, a sandy beach, which is quickly destroyed by the
+      erosion of the waves, nor, on the other hand, is it a Gibralter rock
+      which wholly resists the ceaseless washing of time and
+      circumstances. Its strength lies in its adaptability to slow and
+      progressive change. While the necessity of change may be recognised
+      in the non-essentials, yet the Constitution was based upon certain
+      fundamental principles which were not thus changeable. These times
+      should not wither nor custom stale. While the great compact
+      apparently dealt only with very concrete and practical details of
+      government in the very simplest language, and carefully avoided
+      anything that savored of visionary doctrinarism, yet, behind these
+      simply but wonderfully phrased delegations of power, was a broad and
+      accurate political philosophy, which constitutes the true doctrine
+      of American Government. Its principles are of eternal verity. They
+      are founded upon the inalienable rights of man. They are not the
+      thing of the day or temporary circumstance. If they are destroyed,
+      then the spirit of our government is gone, even if the form
+      survive.”—James M. Beck.
+
+      “The Constitution remains the surest and safest foundation for a
+      free government that the wit of man has yet devised.”—Nicholas
+      Murray Butler.
+
+      “I believe there is no finer form of government than the one under
+      which we live, and that I ought to be willing to live or die, as God
+      decrees, that it may not perish from the earth through treachery
+      within or through assault without.”—Thomas R. Marshall.
+
+      “Although not a citizen of your great country, I am heart and soul
+      with you and your associates in the glorious fight you are making
+      for the preservation of your peerless Constitution, which has made
+      your country what it is, and which is today the brightest hope of
+      mankind.”—Baron Rosen, formerly Russian Ambassador to the United
+      States of America.
+
+      “Under the American Constitution was realized the sublime conception
+      of a nation in which every citizen lives under two complete and
+      well-rounded systems of laws,—the state law and the federal law—each
+      with its legislature, its executive, and its judiciary moving one
+      within the other, noiselessly, and without friction. It was one of
+      the longest reaches of constructive statesmanship ever known in the
+      world. There never was anything quite like it before, and in Europe
+      it needs much explanation even for educated statesmen who have never
+      seen its workings. Yet to America it has become so much a matter of
+      course that they, too, sometimes need to be told how much it
+      signifies. _In 1787 it was the substitution of law for violence
+      between states that were partly sovereign. In some future still
+      grander convention we trust the same thing will be done between
+      states that have been wholly sovereign, whereby peace may gain and
+      violence be diminished over other lands than this which has set the
+      example._”—John Fiske, in 1888.
+
+   41 The English government forced laws upon the colonies to restrict
+      trade and manufactures, to place a standing army in America, and to
+      raise taxes. The tax laws were denounced as illegal by the
+      colonists, who argued that they were not represented in Parliament.
+
+      Read the charges made against the king and the government of England
+      in the Declaration of Independence.
+
+   42 Read the famous speech made by James Otis against the Stamp Act in
+      the Stamp Act Congress in New York, October, 1765. See _American
+      History Leaflets_.
+
+   43 The following were the fundamental defects of the Articles of
+      Confederation.
+
+      a. They did not provide for a central executive, and there was no
+      supreme executive to enforce the laws.
+
+      b. No provision was made for a central judiciary, and each State
+      interpreted the Federal laws as it saw fit.
+
+      c. They permitted concurrent legislation on vital subjects: i. e.
+      each State could legislate as it pleased on such subjects as tariff,
+      foreign treaties, currency, etc.
+
+      d. They permitted each State to regulate its own coinage and there
+      were at one time at least fourteen different kinds of coins in the
+      thirteen States. This greatly interfered with trade.
+
+      e. They gave Congress no power to enforce the observance of
+      treaties. Congress could pass laws but could not enforce them.
+
+      f. They gave Congress no power to coerce a State—it could only
+      recommend to the States.
+
+      g. They required a two-thirds vote on all questions in Congress, and
+      votes were cast by States. Most bills may pass the present Congress
+      by a majority vote.
+
+      h. Congress could not reach the individual to punish him for crime
+      committed against the Federal government, except through the State
+      in which the crime was committed. Often the States refused to act.
+
+      i. The Articles could not be amended without the consent of all of
+      the States. Several times one State defeated the amendment of the
+      Articles.
+
+   44 The small States having only small areas and therefore less room for
+      settlers, were afraid of any form of union government which gave the
+      States proportional representation in Congress. These small States
+      declared they would not ratify the Articles of Confederation until
+      those States having large areas of western lands would agree to cede
+      those lands to the Federal government. The seven States holding
+      western lands agreed to cede their lands in January, 1781, and on
+      March 1st, Maryland as the last State ratified the Articles of
+      Confederation.
+
+   45 The various States chose a total of sixty-five delegates to attend
+      the Federal convention at Philadelphia. Of these, fifty-five
+      actually sat in the convention. Of the entire number, forty-two were
+      present on the last day and thirty-nine signed the Constitution.
+
+      Of the fifty-five who sat in the convention, twenty-five were from
+      north of the Mason and Dixon Line, or from the northern States, and
+      thirty were from the southern States. Of the thirty-nine signers,
+      nineteen were from the North and twenty from the South. The three
+      who refused to sign were Elbridge Gerry of Massachusetts and Edmund
+      Randolph and George Mason of Virginia. These three men thought the
+      Constitution gave too much power to the central government and did
+      not leave enough to the States.
+
+      Eight of the men who signed the Constitution were of foreign birth.
+      They were Alexander Hamilton, William Patterson, James Wilson,
+      Robert Morris, James McHenry, Thomas Fitzsimons, William R. Davie,
+      and Pierce Butler. You will notice that Hamilton, Wilson, Patterson,
+      and Morris were among the most influential men in the convention.
+      Many of America’s greatest men have been of foreign birth.
+
+      The oldest man in the convention was Benjamin Franklin who was
+      eighty-one years of age. The youngest man was Jonathan Dayton of New
+      Jersey who was only twenty-seven. Charles Pinckney was twenty-nine
+      years old, and Alexander Hamilton was thirty. The average age of the
+      entire membership in the convention was 43-2/5 years.
+
+      The membership in the convention included a remarkable group of
+      men—in fact the most remarkable group of statesmen that ever
+      assembled for the making of a constitution. They had gained their
+      experience in five different ways: colonial legislatures, State
+      legislatures, State conventions, Continental Congresses, and in the
+      Congress of the Confederation. Six of them had the honor of having
+      signed the Declaration of Independence—Benjamin Franklin, James
+      Wilson, Robert Morris, Roger Sherman, George Read, and George
+      Clymer. Thirty delegates were college men and twenty-six had
+      degrees.
+
+   46 A careful study of the debates in the Federal convention will reveal
+      the following allusions to the government and institutions of other
+      countries. A total of two hundred and twenty-three allusions were
+      made to the governments of Europe, the most important of which were
+      the following: one hundred and thirty allusions were made to
+      England, of which fifty were commendatory, and twenty-four were
+      warnings; nineteen allusions were made to France, of which five were
+      commendatory and three were warnings; Germany, or rather the German
+      States, had seventeen allusions; Holland had twenty allusions;
+      Greece had twenty-five; Rome had twenty-six. The two hundred and
+      twenty-three allusions were made in such way as to indicate that the
+      delegates were widely read in both government and history.
+
+   47 The Constitution in Article VII says, “The Ratification of the
+      Conventions of nine States shall be sufficient for the Establishment
+      of this Constitution between the States so ratifying the Same.”
+
+      The first State to ratify was Delaware on December 7, 1787. New
+      Hampshire, the ninth State, ratified on June 21, 1788, and Rhode
+      Island, the last, on May 29, 1790.
+
+   48 Every right begets a duty. The more rights our government gives us,
+      the more duties are imposed upon each one of us. In an absolute
+      monarchy the people have very few rights and they also have very few
+      duties to perform. In democracies like the United States the people
+      have a right to participate in government, they also have the duty
+      of becoming intelligent and becoming acquainted with the various
+      details of the administration of government. When people have a
+      right to participate in government, they have the duty of attending
+      every election and casting an intelligent ballot. Where people have
+      a right to make law, they must accept the duty of helping enforce
+      law. Where people have freedom of religious belief and worship, they
+      must refrain from interfering in the belief of other people. Where
+      they have freedom of speech and press, they must protect other
+      people in that same right. Where people have the right of trial in a
+      legally constituted court of law, they must refrain from mob rule or
+      from lynch law. The greater the privileges given a people by law,
+      the greater are their duties to see that law is always respected and
+      carefully enforced.
+
+   49 The government of the United States is a dual government. There is a
+      State government within each State, which is supreme over the
+      affairs of that State alone. Then there is a Federal government
+      which is supreme and sovereign throughout the entire United States
+      in all those affairs which the Federal Constitution gives to the
+      control of the Federal government. The _police power_ of a State is
+      commonly defined as the power of a State to control all of its
+      domestic internal affairs. The Federal government is not permitted
+      to interfere with the police powers of the States.
+
+   50 “No state allows its government to dictate to any one what church he
+      shall attend or compels him to contribute to the support of any
+      church, the establishment of state churches being everywhere
+      forbidden. No person is disqualified from holding office or
+      exercising legal rights because of his religious views, although a
+      very few states make belief in the Deity a requisite for holding
+      certain state offices.”—Hart’s _Actual American Government_, Sec.
+      13.
+
+   51 Constitution of the United States, Amendment I.
+
+   52 Church and state are wholly separated in the United States. When a
+      man takes office, no one asks him to what church he belongs, or what
+      his faith is. If a man wants to believe in the religions of India or
+      China, no officer of the National government has a right to
+      interfere with him, providing he does not violate a law of the land.
+      Religious tolerance is a growth. The Puritans who founded New
+      England, although they fled to America because of religious
+      persecutions, did not practice religious tolerance in the New World.
+
+   53 “The witchcraft craze at Salem, Massachusetts, in 1692, is commonly
+      thought to have been the legitimate outgrowth of the gloomy religion
+      of the Puritans. Nineteen persons were hanged or burned at the stake
+      for having bewitched children. One was crushed to death under heavy
+      weights because he would not confess that he was possessed of the
+      devil. From the time of King John down to 1712, innocent lives were
+      constantly sacrificed in England on this charge.”—Thwaites’s _The
+      Colonies_, p. 190.
+
+   54 Constitution of the United States, Amendment I.
+
+   55 The first ten amendments to the Constitution of the United States
+      are limitations on the powers of Congress, and these amendments do
+      not is any way limit the powers of the several States. It is a fact,
+      however, that practically all the States have incorporated these
+      same amendments in their Constitutions thereby placing the same
+      limitations upon their legislatures. A State may change its
+      Constitution and thereby curtail freedom of speech and press as it
+      may think necessary to protect its people, and some of the States
+      have enacted laws forbidding anarchists to hold public meetings or
+      to publish yellow journals in which they berate the government or
+      instigate rebellion or sedition among the people. But the Federal
+      government cannot pass any law abridging the freedom of speech or
+      press except such as may be enacted under the war powers of the
+      government when in actual war, such as was enacted in the Espionage
+      Act of 1917.
+
+   56 Libel is defined as any statement printed, or written, or any
+      picture or caricature that causes another person to be brought into
+      hatred, contempt, or ridicule or to be shunned by his associates.
+      Slander is any oral statement that causes another person to be
+      brought into hatred, contempt, or ridicule, or to be shunned by his
+      associates. In order to constitute either slander or libel the
+      statement or utterance must be communicated to a third party.
+
+      “The right of citizens to petition the government to remove abuse
+      was won in Europe only after many hard conflicts. It is not conceded
+      in some European governments today, and men in those countries who
+      lead in reforms and advocate democratic measures are often thrown
+      into prison, banished, or exiled. This amendment to the Constitution
+      was inserted to guard against the tyranny of officers, who might
+      abuse the authority conferred upon them by the people.”
+
+   57 Constitution of the United States, 1st Amendment.
+
+      “The right of assembly is coupled with the guaranty of the right to
+      petition the government for a redress of grievances; but it is not
+      to be understood as limited to that object. Without doubt
+      assemblages for social, political or religious purposes are
+      protected by such against legislative prohibition unless attended
+      with circumstances rendering the exercise of the right inimical to
+      public peace, security or welfare.”—Emlin McClain, quoted in the
+      _Cyclopedia of American Government_, Vol. I, p. 85.
+
+      “The right to assemble may be restricted so far as necessary to
+      prevent its being exercised to promote unlawful purposes or in such
+      manner as to result in public inconvenience.”—_Cyclopedia of
+      American Government_, Vol. I, p. 85.
+
+      “The provision to the amendment to the Federal Constitution is a
+      limitation only on the powers of the Federal Government and does not
+      apply to the several states. The states have largely copied the same
+      provision into their constitutions.”
+
+      “The right of petition is important as recognizing a lawful occasion
+      for the assembly of the people and in connection with the guaranty
+      of freedom of speech and the press. The subject matter of a petition
+      cannot be made the basis for a prosecution for public or private
+      libel if it is kept within the limits of the privilege
+      accorded.”—_Cyclopedia of American Government_, Vol. II, p. 675.
+
+      “Through the right of petition the people have a means of informing
+      their lawmakers of their wishes and of guiding public opinion.”
+
+      “The rules of the national House of Representatives provide that
+      members having petitions to present may deliver them to the clerk
+      and the petition, except such as, in the judgment of the speaker,
+      are of an obscene or insulting character, shall be entered upon the
+      journal.”—Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. II, p. 675.
+
+   58 Constitution of the United States, Amendment II.
+
+      “This right to keep and bear arms, although stated in connection
+      with the militia, is held broad enough to cover the keeping and
+      carrying of such weapons as are suitable for self-defense, or
+      defense of the home. But the keeping of unusual weapons, or the
+      carrying of unusual weapons in an unusual manner, as by having them
+      concealed on the person, may be prohibited.”—Bouvier’s _Law
+      Dictionary_, Vol. I, p. 165.
+
+      “This amendment, like the other eight amendments to the Federal
+      Constitution, does not apply to the States, and a State may
+      legislate as it pleases regarding the carrying and using of arms.
+      Many states prevent the carrying of arms of any kind except with
+      legal permission given through the proper officer for stated
+      specific reasons.”
+
+      “The amendment means no more than that this right shall not be
+      infringed by Congress. Police protection of the people is left to
+      the States.”
+
+   59 One of the grievances of the colonists stated in the Declaration of
+      Independence was the quartering of large bodies of armed troops in
+      the colonies, but the guaranty found in the Federal Constitution and
+      in many State Constitutions is that soldiers shall not in times of
+      peace be quartered upon private persons. This guaranty has respect
+      to the recognition of the right of every man not to be unwarrantably
+      disturbed or intruded upon in his home. “Every man’s house is his
+      castle.”
+
+   60 Constitution of the United States, Amendment IV.
+
+      “One of the most serious grievances of the colonists was, the
+      assertion and exercise of a prerogative of the crown to issue
+      warrants for searching private premises in order to obtain evidence
+      of political offenses. This had been the subject of controversy in
+      England and was made the basis of a protest in Massachusetts by
+      James Otis against the Writs of Assistance which were in effect,
+      general warrants.”—_Cyclopedia of American Government_, Vol. III, p.
+      654.
+
+      “The privilege contended for was that the privacy of the dwelling
+      house should not be invaded by public officers without the consent
+      of the owner save for the purpose of making an arrest, and then only
+      by an officer of the law—who carried a warrant giving him such
+      authority.”—Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. III, p. 654.
+
+      The protection afforded by the constitutional provision is against
+      attempts made under the disguise of public process to pry into
+      private affairs on mere suspicion that a crime has been committed or
+      contemplated.
+
+      The principle of this guaranty is being violated if the postal
+      authorities open sealed letters in the mail to discover whether
+      improper use of the mail is being made. It is also violated by
+      compelling the production of private papers of the defendant in a
+      criminal prosecution.
+
+      A warrant is not always necessary to arrest an individual. For
+      example, a police officer does not need a warrant in order to arrest
+      a person who is violating a law in his presence, or a person whom he
+      has good reason to think has committed a felony.—_Cyclopedia of
+      American Government_, Vol. III, p. 655.
+
+   61 Constitution of the United States, Amendment V.
+
+      “A _capital crime_ is such crime as the law declares punishable by
+      death penalty.”—Bouvier’s _Law Dictionary_, Vol I, p. 284.
+
+      “An _infamous crime_ is such crime as the law declares punishable by
+      imprisonment in a state prison.”
+
+      A grand jury, or an indictment, or a presentment jury, or an inquest
+      jury, is a jury (differing as to numbers in different States) for
+      the purpose of investigating alleged crimes. If, upon investigation,
+      the jury believes the accused person has either committed the act or
+      has had a part in the crime, it will draw up a formal accusation in
+      writing. This accusation is called an indictment and is presented to
+      the court. In a few States a person may be brought to trial for
+      violation of a law of the State upon information filed by the
+      prosecuting attorney.
+
+      A _petit jury_, or _trial jury_, is a jury of twelve men selected by
+      the court—according to a law determining the manner—to hear the
+      accusation against the person charged along with the evidence
+      submitted during the trial in court. After hearing the evidence and
+      receiving from the judge instructions concerning the law governing
+      the case, the jury will determine whether the accused person is
+      guilty or not. The Federal government, and most of the States,
+      require a unanimous verdict. If the jury disagrees they report such
+      to the court (the judge) and they are dismissed and the case may be
+      tried again with a different jury.
+
+      “Constitutional guaranties of the right of trial for crime only on
+      indictment by a grand jury, imply a common law grand jury of whose
+      number at least twelve men concur in finding the indictment, but by
+      provision in state constitutions a smaller number of grand jurors
+      than required by common law and concurrence of a smaller number than
+      twelve in the finding of an indictment may be authorized.”
+
+      “A grand jury affords a safeguard against the unwarranted ignominy
+      of being put on public trial for an offense which there is no
+      reasonable ground to believe the accused has committed.”
+
+      “The grand jury is to investigate the cases of those who have been
+      arrested and held under preliminary information on oath by private
+      accusers; and it may also investigate cases of supposed crime of
+      which it has knowledge or to which its attention may be called by
+      the public prosecuting officer. Its proceedings are secret and its
+      members are sworn not to subsequently divulge them.”—McClain’s
+      _Constitutional Law_.
+
+   62 Constitution of the United States, Amendment V.
+
+      “The rule of procedure generally recognized is that when an accused
+      person has been put on trial under a valid indictment in a court
+      having jurisdiction of the case, and a jury has been empaneled and
+      sworn to try the case and give a verdict, and a verdict of _not
+      guilty_ is given—the accused cannot be again put on trial for the
+      same crime, or any included crime for which he might have been
+      convicted in that prosecution.”—_Cyclopedia of American Government_,
+      Vol. II, p. 251.
+
+      “A verdict of not guilty is conclusive and the defendant must be
+      discharged. If however he is convicted, he may in some instances
+      appeal the case to a higher court for review and that is not being
+      again put in jeopardy.”—Emlin McClain, quoted in the _Cyclopedia of
+      American Government_, Vol II, p. 251.
+
+      “Jeopardy is complete when the court proceeds with a jury to
+      ascertain the defendant’s guilt.”
+
+      “As the criminal jurisdiction of the Federal Court extends only to
+      offenses against the Federal laws, and no prosecution for such
+      offenses can be entertained in the state courts—it follows that
+      there can be no questions of former jeopardy as between a federal
+      and a state court.”—_Cyclopedia of American Government_, Vol II, p.
+      251.
+
+   63 Constitution of the United States, Amendment V.
+
+      In our own early colonies persons were frequently tortured to compel
+      them to give evidence against themselves or against other people,
+      but at that time the colonies were still under British authority.
+
+      An instance was recently reported of a man appearing before a
+      sheriff and confessing to the commission of five different murders
+      in as many different places in a western State. Upon investigation
+      it was found that murders had been committed in these places about
+      the time he confessed to having committed the crimes, so he was
+      arrested and held by the sheriff. Upon further investigation it was
+      discovered that he was mentally unbalanced and having read of all
+      these crimes he imagined he had committed them. He was released from
+      arrest and was committed to a hospital for the insane. In this
+      instance an innocent man might have been executed if his own
+      testimony had been sufficient to convict him.
+
+      If a person confesses to having committed a crime and the facts as
+      stated are found to be correct, he may then be convicted of the
+      crime, but the conviction is made on the basis of the evidence
+      disclosed by his confession and not on the confession itself. Having
+      made a confession the officers may then from the facts told by the
+      accused find other facts sufficient to convict without offering the
+      confession in evidence.
+
+      “A confession is not admissible in evidence where it is obtained by
+      temporal inducement, by threats, promise or hope of favor held out
+      to the party in respect of his escape from the charge against him,
+      by a person in authority.”—Bouvier’s _Law Dictionary_, Vol. I, p.
+      387.
+
+      “When an inducement destroys a confession it must be held out by a
+      person in authority.”
+
+   64 Constitution of the United States, Amendment V.
+
+      This is a part of the fifth amendment to the Federal Constitution,
+      and the fourteenth is an expansion of it, and assumes that the man
+      charged with the crime is innocent until proven guilty. The old
+      standard set in Europe was that a person charged with crime was
+      considered guilty until he was proven innocent. All citizens,
+      whether native or foreign born, have the protection of this
+      amendment.—Bouvier’s _Law Dictionary_, Vol. I, p. 622.
+
+      Previous to 1679 in England an accused person could be detained in
+      prison for months or even for years and had no recourse to the
+      courts, but might be thus detained in prison upon a mere charge
+      brought by some one jealous of him and without real reason. In that
+      year the people demanded that Parliament should give relief against
+      unjust or false imprisonment, and Parliament enacted the Habeas
+      Corpus Act. The provisions of this notable act require that a person
+      imprisoned may demand a preliminary hearing and learn the cause of
+      his being seized and imprisoned. Either he or his friends or
+      relatives could go before a judge of a court and demand a _writ of
+      habeas corpus_. Such writ was issued by a judge and directed to the
+      jailer or the person detaining the accused and he was compelled to
+      bring the accused person before the court and show legal reason why
+      that person should be detained. If no such cause or reason could be
+      given, the accused person must be set at liberty. The guaranty of
+      the right to a writ of habeas corpus under our Constitution is
+      considered hereafter. See page 144.
+
+      _Due process of law_ may be defined as “according to the law of the
+      place in which the trial is held”. It means in this instance that no
+      person may be deprived of life, liberty, or property without the
+      right of judicial trial. _Due process of law_ does not necessarily
+      mean _jury trial_. If a jury trial is the legally recognized method
+      of trying such case, then jury trial is _due process_, but if trial
+      without a jury is legally provided for when permitted by the
+      Constitution, in that instance, _due process_ does not require jury
+      trial. For cases in which the right of trial by jury is guaranteed
+      see pages 111, 125, and 160.
+
+      “In a word, ‘due process of law’ to-day signifies ‘reasonable law’,
+      in which sense it bestows upon the courts, and especially upon the
+      Federal Courts, as final interpreter of the national constitution, a
+      practically undefined range of supervision over legislation both
+      state and national.”—_Cyclopedia of American Government_, Vol. I, p.
+      615.
+
+      “Due process of law, is law in its regular course of administration
+      through courts of justice.”—Story’s _Commentaries_, Vol. III, pp.
+      264, 661;—18 _Howard_ 272.
+
+      “Any legal proceeding enforced by public authority, whether
+      sanctioned by age or custom, or newly devised in the discretion of
+      the legislative power, in furtherance of the general public good,
+      which regards and preserves these principles of liberty and
+      justice.”—110 _U. S._ 516.
+
+      “Due process of law in each particular case means, such an exercise
+      of the powers of government as the settled maxims of the law permit
+      and sanction, and under such safeguards for the protection of the
+      individual rights as those maxims prescribe for the class of cases
+      to which the one in question belongs.”—Cooley’s _Constitutional
+      Limitations_, p. 441.
+
+      “This provision does not imply that all trials in state courts
+      affecting the property of persons must be by jury.” This depends to
+      some extent upon the constitution of the respective states, except
+      as limited by the United States Constitution.—92 _U. S._ 90.
+
+   65 Constitution of the United States, Amendment V.
+
+      Eminent domain means the right and authority of the government to
+      take private property for public purposes upon the payment of a just
+      compensation.
+
+      “The superior right existing in a sovereign government by which
+      private property may in certain cases be taken or its use controlled
+      for the public benefit, without regard to the wishes of the
+      owner.”—Bouvier’s _Law Dictionary_, Vol. I, p. 657.
+
+      “Eminent domain is said with more precision to be the right of the
+      nation or the state, or of those to whom the power has been lawfully
+      delegated, to condemn private property to public use, upon paying to
+      the owner a due compensation, to be ascertained according to
+      law.”—Bouvier’s _Law Dictionary_, Vol. I, p. 651.
+
+      Just compensation is generally arrived at by those whose duty it is
+      to secure the land for the government, by offering a good fair price
+      for the land. If the owner of the land refuses to accept the offer,
+      the land may be seized by the proper authority and the matter
+      settled according to law. The law generally provides that a body of
+      appraisers be appointed who appraise the value of the land and this
+      amount is offered to the owner. If he refuses, the matter is carried
+      to the court for determination. A jury is summoned to assess the
+      value of the land and from this the owner may usually appeal, but
+      the government cannot appeal; it must pay the appraised valuation or
+      allow the owner to keep his property. It must be remembered that
+      private property may only be taken by the government for public
+      purposes.
+
+      Some purposes for which the government may take private property
+      are: forts and arsenals, army posts, or public parks. It may take
+      food supplies for use of the army or navy in time of war. It may
+      take over the railroads for the benefit of the people of the Nation,
+      etc. In all cases it must give just compensation.
+
+   66 Constitution of the United States, Amendment VI.
+
+      “A speedy trial is, it appears, one that is brought on without
+      unreasonable delay for preparation; and a public trial is not
+      necessarily one to which every one may obtain admission but one
+      sufficiently free and open to allow the friends of the accessed and
+      others to watch the proceedings.”—Emlin McClain, quoted in the
+      _Cyclopedia of American Government_.
+
+      “Criminal prosecution is the means adopted to bring a supposed
+      offender to justice and punishment by due course of law.”
+
+      “The speedy trial to which a person charged with crime is entitled
+      under the constitution is a trial at such a time, after the finding
+      of the indictment, as shall afford the prosecution a reasonable
+      opportunity, by the fair and honest exercise of reasonable
+      diligence, to prepare for trial, and if the trial is delayed or
+      postponed beyond such period, when there is a term of court at which
+      the trial might be had, by reason of neglect of the prosecution in
+      preparing for trial, such delay is a denial to the defendant of the
+      right of a speedy trial, and in such case a person confined, upon
+      application by _habeas corpus_, is entitled to a discharge from
+      custody.”—Bouvier’s _Law Dictionary_, Vol. II, p. 1023.
+
+      Every jury is sworn to decide according to the evidence presented,
+      guided by instructions in the law given by the judge. Juries are
+      therefore held to be _impartial_.
+
+      The entire United States is divided into judicial districts, of
+      which there are about ninety-two. These districts are found within
+      the States as judicial districts do not cut State boundaries. Where
+      the population is more sparse a Federal district comprises an entire
+      State. Where the population is more dense a State may contain two or
+      more districts. There are four United States District Court
+      districts in the State of New York, two in Iowa, and only one in
+      Nevada, and some other western States.
+
+      Congress may by legislative act lay out Federal court districts.
+      These districts were first established in the Federal Judiciary Act
+      of 1789. As the population increases Congress may increase the
+      number of districts.
+
+   67 Constitution of the United States, Amendment VI.
+
+      If one is not given a preliminary hearing shortly after his arrest,
+      the right to a writ of _habeas corpus_ (defined in another chapter),
+      gives the accused an opportunity to know the exact nature of the
+      charge against him and why he is held or detained in prison. Then he
+      is faced by his accusers in court and bears the charge against him.
+      In all criminal cases the accused is privileged to be present
+      throughout the entire trial, in fact he is required to be present
+      during the trial.
+
+      In early England, and in many other European countries in early
+      times, the accused person was not even permitted to know the reason
+      for his imprisonment, and furthermore was tried in court and found
+      guilty without hearing the evidence or knowing who testified in
+      court.
+
+      The right of trial upon indictment of a grand jury, and the
+      privilege of confronting one’s accusers in court, having witnesses
+      in one’s behalf, and having an attorney to defend one accused, is
+      not yet allowed in certain parts of Russia and perhaps other
+      countries in Europe and Asia. These privileges have been the
+      recognized right of all people in the United States since our
+      glorious Constitution was adopted and became the fundamental law of
+      our country in 1789.
+
+      Teachers of civics in our schools ought to ask permission of the
+      judge to take their classes to visit a session of the court. The
+      judge is able to inform the teacher as to when certain cases of most
+      value to pupils and other persons are to be tried. The trial of
+      certain kinds of cases brings out many fundamental facts of rights
+      and duties of citizenship that boys and girls, as well as many adult
+      persons, ought to know.
+
+      “The accused is of all men the most miserable, unless the law gives
+      him an equal chance to defend himself. Time was when the courts
+      could hear privately the witnesses against the prisoner, and then
+      call him into court to answer charges, which he never had heard of,
+      made upon the testimony of witnesses he never had seen, without any
+      legal means of compelling his own witnesses to come to court to
+      testify for him and without any lawyer to speak for him against the
+      trained counsel for the government. Many of these abuses had been
+      weeded out before the Constitution was adopted.”—Bacon’s _American
+      Plan of Government_, p. 272.
+
+      “Almost all the reform needed to make criminal procedure humane and
+      just, has been incorporated into the constitutions and laws of the
+      states during the first era of independence; but the people of the
+      United States bad no such safeguards.”—Bacon’s _American Plan of
+      Government_, p. 273.
+
+      “The charge to be answered by the defendant on trial in a criminal
+      court must be clear, explicit, and definite. The prosecution has no
+      right to compel the accused to show that he is a good member of
+      society.”—_7 Peters Rep. 138._
+
+   68 Constitution of the United States, Amendment VI.
+
+      “In judicial procedure a witness is one who is duly called upon to
+      testify under oath as to matters within his knowledge. By rules of
+      procedure some persons are disqualified from testifying on account
+      of want of mental capacity as, for instance, idiots, insane persons,
+      and infants who have not attained the age of discretion. Others who
+      are qualified to testify may be of such character that their
+      testimony is not entitled to the weight which should be given to
+      some other witness. Furthermore, a witness may be so related to the
+      subject matter or to the parties as that in the particular case his
+      testimony should not be received, or should be received under
+      limitations as to its credibility and weight. And finally the
+      competency of testimony offered is regulated by rules of evidence
+      fixed by law.”
+
+      “Under constitutional guaranties of religious freedom, the religious
+      belief of a witness cannot be made a ground for his disqualification
+      to testify.”
+
+      “As to criminal prosecution, it is usually provided in state
+      constitutions as it is in the Fifth and Sixth Amendments to the
+      Federal Constitution that the accused shall not be compelled to be a
+      witness against himself and that he has a right to be confronted
+      with the witnesses against him and to have compulsory process for
+      obtaining witnesses in his favor. These are privileges which the
+      accused may waive.”—Emlin McClain, quoted in _Cyclopedia of American
+      Government_, Vol. III, p. 693.
+
+   69 “Compulsory process is the means of compelling a witness to appear
+      before the court at the time of trial and, under oath, tell what he
+      knows about the matter under consideration.”—Bouvier’s _Law
+      Dictionary_, Vol. II, p. 766.
+
+      A _subpoena_ is an order issued in a court and given to a sheriff or
+      other executive officer, to be served upon or read to a witness,
+      compelling him to appear before the court at the time stated. He
+      must lay aside all pretenses and excuses, and appear before the
+      court or the magistrate at the time and place named in the subpoena,
+      under a penalty therein cited for failure to appear. His failure to
+      obey the order of the court, or subpoena, is known as _contempt_.
+      Contempt is punishable in Federal courts, and in most States by the
+      order of the judge, and is not subject to jury trial. (Oklahoma is
+      an exception.)
+
+   70 “At common law a prisoner was not allowed counsel. In England this
+      right was not granted in all cases before 1836.”—_Cyclopedia of
+      American Government_, Vol. I, p. 487.
+
+      The United States was the earliest of nations to not only permit
+      every person accused of crime and tried before a court to have
+      counsel, but to furnish counsel for every person who was not himself
+      able to get counsel or able to pay for counsel.
+
+   71 Constitution of the United States, Amendment VII.
+
+      “Common Law is that system of law or form of the science of
+      jurisprudence which has prevailed in England and in the United
+      States, in contradistinction from other great systems, such as Roman
+      or civil law.”—Bouvier’s _Law Dictionary_, Vol. I, p. 370.
+
+      “Common law is used to distinguish the body of rules and of remedies
+      administered by courts of law, technically so called, in
+      contradistinction to those of equity administered by courts of
+      chancery, and to the canon law, administered by ecclesiastical
+      courts.”—Bouvier’s _Law Dictionary_, Vol. I, p. 370.
+
+   72 Constitution of the United States, Amendment VII.
+
+      “A jury is a body of men sworn to declare the facts of a case as
+      they are proven from the evidence placed before them.”—Bouvier’s
+      _Law Dictionary_.
+
+      The definition of a jury explains why the facts of a case are not
+      open for re-examination after being declared by a jury. It is
+      because a jury meets in a court in the place where the offense has
+      been committed, and is therefore better able to know the whole
+      truth, and to determine what the facts really are than would be
+      possible for any other body of men who did not have such means of
+      knowing. A higher court in reviewing a case on an appeal cannot
+      usually go behind the facts as declared by a jury.
+
+   73 In ordinary instances arrests may be made only by officers of the
+      law upon warrants issued by a magistrate. Any officer may, however,
+      upon his own cognizance of a crime being committed, arrest the
+      person or persons without warrant. If such authority were not given
+      to officers of the law, many persons violating law would be able to
+      escape before a warrant could be issued. Furthermore, under the laws
+      of some States, any person who sees a crime committed is legally
+      required to pursue and arrest the offending person and may himself
+      be punished if he refuses to act. Sheriffs and other officers of the
+      peace may call upon and require other persons to assist in the
+      pursuit and capture of fleeing criminals.
+
+   74 Constitution of the United States, Amendment VIII.
+
+      In criminal actions the matter of bail is determined by statute.
+      Bail is often denied to those accused of committing serious crimes.
+
+      The term _bail_ is used to designate a person who becomes a surety
+      for the appearance of the defendant in court at the time called for.
+      But in modern usage the term _bail_ means the amount of money
+      pledged by another person for the appearance of the defendant. If
+      the defendant fails to appear the person going his bail must pay the
+      stipulated amount into the court. The payment of the bail does not,
+      however, relieve the delinquent defendant of further punishment. He
+      may be again seized and punished as according to the charge, and
+      furthermore may be given additional punishment for “jumping” his
+      bail.
+
+      “The defendant usually binds himself as principal with two sureties;
+      but sometimes the bail alone binds himself as principal, and
+      sometimes one surety is accepted by the sheriff. The bail bond may
+      be said to stand in the place of the defendant as far as the sheriff
+      is concerned, and if properly taken, furnishes the sheriff a
+      complete answer to the requirement of the writ, requiring him to
+      take and produce the body of the defendant.”—Bouvier’s _Law
+      Dictionary_, Vol. I, p. 211.
+
+   75 United States Constitution, Amendment VIII.
+
+      “The amount of fine is frequently left to the discretion of the
+      court, who ought to proportion the fine to the offense.”—Cooley’s
+      _Constitutional Limitations_, p. 377.
+
+      “The object of punishment is to reform the offender, to deter him
+      and others from committing like offenses, and to protect society.”
+      “A state may provide a severer punishment for a second than for a
+      first offense providing it is dealt out to all alike.”—159 _U. S._
+      673.
+
+      “Punishments are cruel when they involve torture or a lingering
+      death; but the punishment of death is not cruel, within the meaning
+      of that word as used in the Constitution.”—136_U. S._ 436.
+
+      A warden of a State penitentiary was recently found guilty of
+      inflicting cruel punishment because he punished a convict by
+      suspending his body from chains placed around his wrists.
+
+      The British Museum contains several machines of torture used to
+      punish criminals in early days. One is a machine in the form of a
+      hollow case fitting a human form. This case is filled with sharp
+      spikes driven through from the outside. The machine was so
+      constructed that when a victim was placed inside, the sides could be
+      gradually turned up to fit the body and press these spikes into the
+      body of the victim so as to produce death.
+
+      Another machine is constructed much as a cross in form of the letter
+      X. The victim was fastened in such manner as to bind his wrists and
+      ankles to the ends of the bars. A horse was then hitched to either
+      his arms or legs and they were torn from the body.
+
+      Many States in the United States have now adopted electrocution as
+      the means of inflicting the death penalty because it is believed to
+      be the most humane way.
+
+   76 Constitution of the United States, Amendment XIII, Sec. 1.
+
+      This amendment was submitted to the States by resolution of Congress
+      in 1865 and by proclamation of the President of December 18th of
+      that year was declared to have received the approval of the
+      requisite number of States.
+
+      So far as the abolition of slavery is involved there has been no
+      question as to the effect of the amendment, but as to what
+      constitutes involuntary servitude important questions have arisen.
+      While the primary object of the amendment was to free the colored
+      race, the general purpose was to render impossible the existence
+      within the jurisdiction of the United States of any legal or social
+      institution imposing involuntary labor on any class of persons. The
+      introduction here of the peonage system prevalent in Mexico, the
+      coolie system of China, or the padrone system of Italy fall within
+      the prohibition.
+
+      The amendment permits imprisonment and also involuntary servitude as
+      a penalty for failure to pay a fine imposed as a punishment.
+      Moreover the services of persons imprisoned for crime belong to the
+      State and may be leased, subject of course to humanitarian
+      regulations as to the method in which such services may be employed.
+
+      Under the enforcement clause Congress has legislated against
+      peonage, that is, a condition of enforced servitude by which the
+      servitor is restrained of his liberty and compelled to labor in
+      liquidation of some contract, debt, or obligation. But without such
+      legislation, State statutes imposing imprisonment or servitude for
+      non-performance of contractual obligations are invalid as in
+      conflict with the provisions of the amendment.—Emlin McClain, in the
+      _Cyclopedia of American Government_, Vol. III, p. 536.
+
+      In the early days many of the American colonies permitted
+      imprisonment for debt, and one of the greatest patriots and
+      philanthropists of colonial times, Robert Morris, was imprisoned for
+      debt by the State of Pennsylvania.
+
+   77 James Bryce has written of our government: “The American Union is
+      ... a state which, while one, is nevertheless composed of other
+      states even more essential to its existence than it is to theirs.”
+
+   78 Constitution of the United States, Amendment XIV. Sec. 1.
+
+      A person may attain to citizenship in the United States in any of
+      seven different ways: 1. By birth—i.e. natural born. 2. By
+      naturalization, which usually requires continuous residence for five
+      years. 3. By treaty regulation. 4. By statute of Congress. 3. By
+      annexation of territory. 6. By marriage—if a foreign woman marries
+      an American citizen. 7. By honorable discharge from the army or
+      navy, upon which the court admits to citizenship regardless of the
+      time of residence in the United States.
+
+      In the United States we recognize a dual citizenship—citizenship in
+      the United States, and citizenship in a State. Any person who is a
+      citizen of the United States is also a citizen of the State wherein
+      he or she resides. Nine different States grant the right of suffrage
+      and State citizenship to such foreigners as take out their first
+      naturalization papers. These States are Alabama, Arkansas, Indiana,
+      Kansas, Missouri, Nebraska, Oregon, South Dakota, and Texas.
+
+      Citizenship must not be confused with the right of suffrage. Neither
+      one necessarily includes the other. All citizens cannot
+      vote—children for example. All voters are not necessarily citizens,
+      those in the above nine States for example.
+
+      Aliens in the United States have practically all the civil rights
+      that are enjoyed by citizens, but they do not have political rights.
+      An alien may purchase, own, and convey property. He may sue and be
+      sued in the courts.
+
+      “There can be no doubt that the minimum expectation of the framers
+      of this amendment to the Constitution was that it would make the
+      first eight amendments to the Constitution binding upon the states,
+      as they already were upon the Federal Government, and that it should
+      be susceptible not only of negative enforcement by the courts but
+      also of direct positive enforcement by Congress.”—_Cyclopedia of
+      American Government_, Vol. II, p. 41.
+
+   79 Constitution of the United States, Amendment XV.
+
+   80 “By a series of decisions the most important of which were those in
+      the Slaughter House cases (16 Wallace 36) and in the Civil Rights
+      Cases (109 U.S. 3) the United States Supreme Court established the
+      following principles: (1) that the prohibitions of the fourteenth
+      amendment are addressed to the states as such and not to private
+      individuals; (2) that these prohibitions contemplate only positive
+      state acts and not acts of omission; (3) that the amendment
+      recognizes a distinction between state citizenship and United States
+      citizenship; (4) that it protects from state abridgement only ‘the
+      privileges and immunities’ which the Constitution by its other
+      provisions bestows upon ‘citizens of the United States’ as
+      such.”—_Cyclopedia of American Government_, Vol. II, p. 41.
+
+      The nineteenth amendment which is now ratified by the States,
+      provides that “the right of citizens of the United States to vote
+      shall not be denied or abridged by the United States or by any State
+      on account of sex.”—Constitution of the United States, Amendment
+      XIX.
+
+   81 “The good citizen must in the first place, recognize what he owes
+      his fellow citizens. If he is worthy to live in a free republic he
+      must keep before his eyes his duty to the nation of which he forms a
+      part. He must keep himself informed, and he must think of himself as
+      well as of the great questions of the day; and he must know how to
+      express his thoughts.”—Theodore Roosevelt.
+
+   82 In receiving applications for the many appointments which it was his
+      duty to make, President Taylor said: “I shall make honesty, capacity
+      and fidelity indispensable requisites to the bestowal of office; and
+      the absence of any one of these qualities shall be deemed sufficient
+      cause for removal.”
+
+   83 “The American Constitution is the most wonderful work ever struck
+      off at a given moment by the brain and purpose of man.”—William E.
+      Gladstone.
+
+      “It will be the wonder and admiration of all future generations and
+      the model of all future constitutions.”—William Pitt.
+
+      “Our fathers by an almost divine prescience, struck the golden
+      mean,” when they made the Constitution.—Pomeroy.
+
+      “It (The U. S. Constitution) ranks above every other written
+      constitution for the intrinsic excellence of its scheme, its
+      adaptation to the circumstances of the people, the simplicity,
+      brevity and precision of its language, its judicious mixture of
+      definition in principle with elasticity in details.”—James Bryce.
+
+   84 “This is the most famous writ in the law; and, having for many
+      centuries been employed to remove illegal restraint upon personal
+      liberty, no matter by what power imposed, it is often called the
+      great writ of liberty.”—Bouvier’s _Law Dictionary_, Vol. I, p. 917.
+
+   85 In 1861 Chief Justice Taney decided in the United States Circuit
+      Court of Maryland that Congress alone possessed the power under the
+      Constitution to suspend the writ.—_American Law Register_, 524.
+
+      The privilege of the writ is, however, necessarily suspended
+      whenever martial law is declared in force; for martial law suspends
+      all civil process.
+
+      “As a recognized legal remedy, resort to the proceeding by habeas
+      corpus may be had where a person is imprisoned under pretended legal
+      authority which in fact for any reason is absolutely void, as where
+      the warrant of arrest or commitment is insufficient or the
+      proceeding under which the warrant was issued was without legal
+      authority.”
+
+      “A state court or judge cannot inquire by habeas corpus into the
+      validity of arrest or detention of a person under federal authority.
+      The right to redress in such cases, if any, must be sought in the
+      Federal courts. But on the other hand Federal courts and judges may
+      inquire into the cause of the restraint of liberty of any person by
+      a state when the justification of Federal authority or immunity is
+      set up for the act complained of.”—_Cyclopedia of American
+      Government_, Vol. II, p. 106.
+
+   86 Constitution of the United States, Art. I, Sec. 9, Cl. 3.
+
+      “The effect of attainder upon a felon is, in general terms, that all
+      his estate, real and personal, is forfeited; that his blood is
+      corrupted, and so nothing passes by inheritance to, from or through
+      him.”
+
+      “In the United States the doctrine of attainder is now scarcely
+      known, although during and shortly after the Revolution acts of
+      attainder were passed by several of the states. The passage of such
+      bills is expressly forbidden by the Constitution.”—Bouvier’s _Law
+      Dictionary_, Vol. I, p. 190.
+
+      “A bill of attainder, as thought of in the United States to-day,
+      would be such law as permitted a person charged with the commission
+      of a crime, to be tried and found guilty and sentenced without being
+      present at the trial.” It is one of the rules of procedure in court
+      to-day that in all criminal cases the person charged with crime must
+      be present during the entire trial. Another fundamental judicial
+      fact is that all criminal punishment terminates with the death of
+      the person found guilty; his children are exempt.
+
+   87 “An ex-post-facto law is a law which in its operation makes an act
+      criminal which was not criminal at the time the act was committed,
+      or provides a more severe punishment for criminal acts already
+      committed, or changes the rules of procedure so as to make it more
+      difficult for one accused of crime to defend in a prosecution of
+      such crime.” “The prohibition relates to retroactive criminal
+      statutes providing a punishment for an act previously committed or
+      increasing the punishment making it more difficult for the accused
+      to defend, but not to retroactive laws, even though criminal, which
+      mitigate the punishment or merely change or regulate the procedure
+      without imposing any additional substantial burden on the accused in
+      making his defense.”—_Cyclopedia of American Government_, Vol. I, p.
+      700.
+
+      We should keep in mind that both “bills of attainder” and “ex post
+      facto” laws have only to do with crimes and their punishment. These
+      laws do not relate to civil matters.
+
+   88 Constitution of the United States, Art. I, Sec. 8.
+
+      Titles of nobility as recognized in many European countries include
+      the following: duke, earl, marquis, viscount, and baron. These
+      titles were in part hereditary and in part acquired. They always
+      conferred special privileges both in rank and in political
+      preferment. Such titles cannot exist in a democracy because they in
+      their very nature destroy equality before the law, and that is the
+      fundamental principle of democratic government.
+
+      “The provisions prohibiting the granting of titles of nobility are
+      designed, no doubt, first to preserve equality before the law, and
+      second, to secure in perpetuity a republican form of government.
+      Such provisions are not essential to theoretical equality before the
+      law, for such equality is fundamental in the law of England
+      notwithstanding the existence of titles of nobility. But the framers
+      of the Constitution evidently contemplated a form of government in
+      which there should be no special privileges conferred by rank or
+      title. The additional provision in the Federal Constitution
+      prohibiting the acceptance by any person holding any office of
+      profit or trust under the United States of any present, emolument,
+      office or title from any foreign sovereign or power without the
+      consent of Congress, was probably intended to prevent the exercise
+      of foreign influence in governmental affairs. These articles in the
+      Constitution are substantially borrowed from the Articles of
+      Confederation.”—Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. II, p. 58.
+
+   89 Constitution of the United States, Art. III, Sec. 3, Cl. 1.
+
+      Treason is defined in this article of the Constitution and therefore
+      Congress cannot define it in any other manner. Many people use the
+      word “treason” very loosely. They often speak of a person committing
+      treason when the act committed is not treasonable at all, but is
+      some less severe crime. Treason consists only in levying war against
+      the United States or in giving aid or comfort to enemies of the
+      United States.
+
+      The meaning of “two witnesses to the same overt act” is that the
+      Constitution requires that two persons will appear in court and
+      swear to the fact that they personally saw the act committed. “Overt
+      act” means “openly committed act”. Chief Justice John Marshall knew
+      that in the trial of Aaron Burr it would be impossible to get two
+      persons to swear to having seen Burr commit the conspiracy, so he
+      took advantage of the technicality in the indictment and threw the
+      case out of court. This trial was held at Richmond, Virginia.
+
+      “Confession in open court” is about the only instance in which such
+      confession will convict a person charged with committing a crime. As
+      a rule a person’s own confession will not be accepted as evidence
+      against him, in criminal prosecutions, because few confessions are
+      made without some threat or inducement and under the guaranty (p.
+      99) that a person cannot be compelled to be a witness against
+      himself they are excluded.
+
+   90 Constitution of the United States, Art. III, Sec. 2, Cl. 3.
+
+      Impeachment is the manner of trial fixed by the Constitution for the
+      trial and removal of Federal officers who are accused of treason,
+      bribery, and other high crimes and misdemeanors. Congress alone has
+      the power of conducting an impeachment of Federal officers. The
+      legislature of a State has the power of impeaching State officers.
+      Impeachment, as the word is commonly used, includes both accusation
+      and trial. The “Impeachment” or accusation is brought by a
+      two-thirds vote of the lower house, and the trial and conviction or
+      acquittal is carried on by the upper house. Andrew Johnson,
+      President of the United States, was impeached—i.e. he was formally
+      accused, but he was acquitted in his trial in the Senate. Conviction
+      in an impeachment proceeding causes an officer to be removed from
+      office and disqualified from ever holding any office of honor or
+      trust under the government again. A person may be convicted and not
+      given the full penalty. He may be only removed from office, but not
+      disqualified from again holding office.
+
+      It is possible that a crime may be committed on a river that forms
+      State boundaries. Where a river forms a boundary the middle of the
+      main channel is made the boundary line. It is often difficult to
+      determine on which side of the line the crime was committed, and
+      both States may then claim to have jurisdiction over the case. This
+      must be decided as any other fact in the case.
+
+      The manner of the trial in use, before jury trial was established,
+      was by ordeal or by battle. In trial either by ordeal or by battle
+      the issue was left to God to decide and He was thought to perform a
+      miracle to reveal the guilt or innocence of the accused person. One
+      form of ordeal was to compel the accused to plunge his arm into
+      boiling water and if innocent the Lord would protect him from being
+      scalded. Another form of ordeal was to compel the accused to walk
+      barefoot over hot plow shares. If innocent the Lord would again
+      protect his feet from being burned.
+
+      The first form of jury to displace the old ordeal or battle as a
+      means of deciding guilt or innocence was the “compurgators” or “oath
+      bearers”. They comprised a group of men who would appear before the
+      court and give oath that the accused was not a bad man and had
+      committed no crime. They did not investigate the accusation, they
+      only testified to the good character of the accused. If a man
+      accused could not produce compurgators, he must undergo the ordeal.
+      The duty of these oath bearers gradually became more extended until
+      they became investigators, and finally became a grand jury.
+
+   91 Constitution of the United States, Art. IV, Sec. 2, Cl. 1.
+
+      “The right of a citizen of one state to pass through, or to reside
+      in, any other state, for purposes of trade, agriculture,
+      professional pursuits, or otherwise; to claim the benefit of habeas
+      corpus; to institute and maintain actions of any kind in the courts
+      of the state; to take, hold and dispose of property, either real or
+      personal; and an exemption from higher taxes or impositions than are
+      paid by the other citizens of the state; may be mentioned as some of
+      the particular privileges and immunities of citizens, which are
+      clearly embraced by the description”—Corfield vs. Coryell,
+      _Washington C. C. Rep. 380_.
+
+   92 Constitution of the United States, Art. 6, Cl. 3.
+
+      While no religious test of any kind may ever be required from any
+      officer of the United States as a condition of his being elected, or
+      holding office, public sentiment nevertheless favors Christian
+      character among the people. If a candidate for office were an
+      atheist and made public confession as to his lack of belief in God,
+      it would doubtless mitigate against his election.
+
+      “The general principle of equality of all persons before the law
+      excludes discriminations made on account of religions belief, with
+      the result that religious tests should not be made the basis of
+      political rights or for determining qualifications for office or in
+      general for the possession, exercise, or protection of civil
+      rights.”—Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. III, p. 176.
+
+      “This clause was introduced for the double purpose of satisfying the
+      scruples of many persons who feel an invincible repugnance to any
+      religious test or affirmation, and to cut off forever every pretence
+      of any alliance between church and state in the national
+      government”—Story’s Const. Sc. 1841.
+
+   93 A glance at the motives of Europeans in coming to America will
+      reveal the fact that thousands of the best people of European
+      countries left their homes to escape either religious or political
+      persecution at the hands of the government or the king. Such was
+      true of the Huguenots of France, the Pilgrims and Puritans of
+      England, and only recently, the Jews of Russia.
+
+      The laws of “attainder” in England in the early times confiscated
+      the property of persons, however innocent they themselves might be,
+      if they were near relatives of other persons who had committed grave
+      crimes.
+
+      Before the passage of the Habeas Corpus Act of 1679 in England, any
+      person of royalty or high official standing in the government could
+      falsely accuse another person of crime and cause that innocent
+      person to languish in prison for years, or even for life, because he
+      could not get before a court of justice to establish his innocence.
+
+      In many European countries the peasants were burdened with taxes to
+      support kings and courts without the slightest representation in the
+      tax levying authority. In France, just preceding the French
+      Revolution, the peasants were obliged to purchase a certain number
+      of barrels of salt each year, without having the slightest use for
+      the salt, because the crown lands produced salt and the revenues
+      went to the king.
+
+      In many European countries a state church was established and the
+      people obliged to support it by taxes levied against their property,
+      regardless of whether it represented their religious beliefs.
+
+   94 A comparison of the provisions of the Declaration of Independence
+      with those of the Constitution will show the wrongs of the English
+      king righted by the Constitution.
+
+      Declaration of Independence.—“He has refused assent to laws the most
+      wholesome and necessary for the public good.”
+
+      Constitution of the United States.—A bill if vetoed by the President
+      may be repassed by two-thirds of the senate and house of
+      representatives.
+
+      Declaration of Independence.—“He has forbidden his governors to pass
+      laws of immediate and pressing importance.”
+
+      Constitution of the United States.—Congress shall have the power to
+      lay and collect taxes, duties, etc. (See Const. Art. I, §. 8.)
+
+      Declaration of Independence.—“He has dissolved representative houses
+      repeatedly, for opposing with manly firmness, his invasions on the
+      rights of the people.”
+
+      Constitution of the United States.—Congress shall meet at the seat
+      of government—once each year.
+
+      Declaration of Independence.—“He has refused, for a long time after
+      dissolution, to cause others to be elected.”
+
+      Constitution of the United States.—The time, place and manner of
+      holding elections for Senators and Representatives, shall be
+      prescribed in each State by the legislature thereof.
+
+      Declaration of Independence.—“He has obstructed the administration
+      of justice.”
+
+      Constitution of the United States.—Jurisdiction of Courts fixed by
+      Constitution. Judges not responsible to the President, but to
+      Congress, which represents the people.
+
+      Declaration of Independence.—“He has made judges dependent on his
+      will alone.”
+
+      Constitution of United States.—Judges subject to removal only by
+      impeachment by Congress.
+
+      Declaration of Independence.—“He has kept standing armies ...
+      without consent of the legislature.”
+
+      Constitution of the United States.—“Congress shall have power to
+      raise and support armies.” “To provide and maintain a navy.”
+
+      Declaration of Independence.—“For transporting us beyond seas to be
+      tried for pretended offenses.”
+
+      Constitution of the United States.—“Such trial shall be held in the
+      state where said crime shall have been committed.”
+
+      Declaration of Independence.—“For depriving us, in many cases, of
+      the right of trial by jury.”
+
+      Constitution of the United States.—“The trial of all crimes, except
+      in case of impeachment, shall be by jury.”
+
+      Declaration of Independence.—“For quartering large bodies of armed
+      troops among us.”
+
+      Constitution of the United States.—“No soldier shall in time of
+      peace, be quartered in any house without the consent of the owner.”
+
+      Declaration of Independence.—“For imposing taxes on us without our
+      consent.”
+
+      Constitution of the United States.—“Congress shall have power to
+      levy and collect taxes.”
+
+   95 On December 2, 1917, in New York City, in a meeting of men who
+      called themselves Bolshevists and I. W. W.’s, the following
+      paragraph was an introduction to a set of resolutions drawn up: “We
+      are the Bolshevists of America. We denounce governments,
+      institutions and society; we hail social revolution and the
+      destruction of the existing order of things.”
+
+      In the preamble to the Constitution of the Independent Workers of
+      the World (I. W. W.) we find this statement: “The working class and
+      the employing class have nothing in common. Between these two
+      classes the struggle must go on, until the workmen of the world
+      organize as a class, take possession of the earth and the machinery
+      of production, and abolish the wage system. Our motto is—_The
+      abolition of the wage system._”
+
+      How foolish is the above statement that the working class and the
+      employing class have nothing in common. The truth of the matter is
+      that they have everything in common. Every employer—almost without
+      exception—was once a workman. He was a successful workman, therefore
+      he became more than a workman—he became an employer. Furthermore,
+      workmen cannot exist without employment. Neither can employers exist
+      without the workmen. They are not only each concerned in the welfare
+      of the other; neither can exist without the other.
+
+      The following is another passage taken from the resolutions drawn up
+      by the Bolshevists in which they say the general strike is their
+      weapon of defense: “We will strike for a six hour day, then for a
+      four hour day, then for a two hour day, with increased wages all the
+      time, and then we will be strong enough to take everything and work
+      no more.”
+
+      We wonder how any sensible man can believe such logic as this. Was
+      it not Saint Paul who said that if any man would not work neither
+      should he eat.
+
+      The Socialist party platform of 1912 declared in favor of the
+      abolition of the United States Senate, the amendment of the
+      Constitution of the United States by a majority vote of the people,
+      the election of judges for short terms of office, the denial of the
+      right of the U. S. Supreme Court to declare the acts of Congress
+      void.
+
+   96 Article V of the Constitution of the United States provides for the
+      amendment of that fundamental law of the country. It says amendments
+      may be proposed by a bill for amendment being introduced into either
+      house of Congress and passing each house by a two-thirds vote, or
+      secondly, by the State legislatures of two-thirds of the States
+      demanding that Congress call a national convention in which
+      amendments may be proposed. If these proposed amendments are
+      ratified by the legislatures of three-fourths of the States or by
+      conventions called in three-fourths of the States, they become an
+      integral part of the Constitution.
+
+   97 Some of this good legislation includes: Child Labor Laws; Workmen’s
+      Compensation Laws; Industrial Insurance for Workingmen; Compulsory
+      Education; Pure Food Laws; Better Sanitary Conditions in Factories;
+      Safety Appliances; Free Medical Inspection for School Children; and
+      Care of the Poor.
+
+   98 If you read carefully the fifth article of the Constitution of the
+      United States, you will learn that the Constitution may be amended
+      either by the people’s representatives who sit in Congress, and in
+      State legislatures, or by the legislatures of the States demanding
+      that a National convention shall be called in which the people may
+      choose the members Which ever method of amending the Constitution is
+      used, it is the people who exercise the power of changing the
+      Constitution.
+
+   99 Every teacher in every public school ought to feel in duty bound to
+      teach the fundamental principles of the Constitution to all the
+      children in the school. A recitation period ought to be set aside
+      each day for the study of civics of the community, of the locality,
+      of the State, and of the United States. Every pupil in every public
+      school ought to feel proud of the opportunity to learn how his
+      government is made and how his government works, how he may become a
+      helpful citizen by being an intelligent voter when he comes to be a
+      man. Adult people ought to organize civic clubs in the community for
+      the discussion and study of questions of government and politics.
+
+  100 The following suggestions have been made by good, honest people who
+      have their country’s welfare at heart. Thus far the people as a
+      whole have not advocated their adoption, but some of them may be
+      made part of the Constitution in time to come.
+
+      a. The direct popular election of President and Vice President of
+      the United States.
+
+      b. The adoption of the initiative, referendum, and recall in the
+      National government.
+
+      c. Federal legislation governing both marriage and divorce
+      throughout the Nation.
+
+      d. Federal jurisdiction over all cases affecting foreigners—for
+      example in instances like the Italian riot in New Orleans, or in the
+      Japanese problem on the Pacific coast.
+
+  101 The following is a brief outline of the various attempts at union
+      among the colonies.
+
+      (a) 1643-1684—New England Confederation: Massachusetts Bay;
+      Plymouth; Connecticut; New Haven.
+      (b) 1684—Albany Council.
+      (c) 1690—First Colonial Congress.
+      (d) 1696—William Penn’s Plan.
+      (e) 1701—Robert Livingston’s Plan.
+      (f) 1722—Plan of Daniel Cox.
+      (g) 1754—Plan of Rev. Mr. Peters.
+      (h) 1754—Plan of the Lords of Trade.
+      (i) 1754—Albany Plan.
+      (j) 1765—Stamp Act Congress.
+      (k) 1774—First Continental Congress.
+      (l) 1775—Second Continental Congress.
+      (m) 1781—Congress of the Confederation.
+      (n) 1787—The Federal Convention.
+      (o) 1789—The New Government.
+
+      The chief reasons keeping the colonies apart were:
+
+      1. Natural geographical divisions—North, Middle, and South.
+      2. The great differences in size—Virginia many times larger than
+      Rhode Island.
+      3. The instinct of local self government.
+      4. Character of settlers and the motives in making settlements.
+      5. The slave question, especially after 1750.
+      6. Their different forms of government—Royal, Proprietary, Charter.
+
+      The very first attempt at constitution making in the colonies was
+      the Mayflower Compact, adopted on board the ship Mayflower before
+      landing on December 20, 1620. It reads as follows: “We, whose names
+      are underwritten, the loyal subjects of our dred soveraigne King
+      James, by the grace of God, of Great Britain, France and Ireland
+      King, defender of the faith, etc. having undertaken, for the glory
+      of God, and advancement of Christian faith and honor of our king and
+      country, a voyage to plant the first colony in 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 hereunder subscribed our names, at Cape
+      Cod, the 11th of November, in the year of the reign of our sovereign
+      lord, King James, of England, France and Ireland the eighteenth, and
+      of Scotland the fifty-fourth, Anno Domini.”
+
+      The first real attempt at formal constitution making was the
+      “Fundamental Orders of Connecticut”, 1639. These “Orders” formed an
+      elementary constitution with three departments of government and the
+      duties and powers of each department fairly well set forth. The
+      Fundamental Orders are frequently referred to as the first written
+      constitution in America.
+
+      The Articles of Confederation were made by the _thirteen States_ in
+      the name of the _States_. The Constitution was made by the
+      _delegates of the people_ in the name of the _people of the United
+      States_. The first was a _compact_ or friendly agreement; the second
+      was a _contract_ or binding union.
+
+  102 Great modifications have been made in nearly all of the State
+      Constitutions, an excellent analysis of which may be found in
+      Bryce’s _American Commonwealth_ (Third Edition), Vol. I, p. 443.
+
+  103 Since the alliance of the original thirteen States, thirty-five have
+      been admitted into the Union by acts of Congress either directing
+      the people to select delegates and enact a Constitution or accepting
+      a Constitution already made by the people. An illustration of the
+      former method of procedure is offered in 25 U. S. St. at L. 676 c
+      180, providing for the admission of North Dakota, South Dakota,
+      Montana, and Washington into the Union, and of the latter in 26 U.
+      S. St. at L. 215 c 656; 222 c 664, providing for the admission of
+      Idaho and Wyoming. “Of these instruments (State Constitutions),
+      therefore, no less than of the Constitutions of the thirteen
+      original States, we may say that although subsequent in date to the
+      Federal Constitution, they are, so far as each state is concerned de
+      jure prior to it. Their authority over their own citizens is nowise
+      derived from it.”—Bryce’s _American Commonwealth_ (Third Edition),
+      Vol. I, p. 431.
+
+  104 “A constitution is an instrument of government, made and adopted by
+      the people for practical purposes, connected with the common
+      business and wants of human life. For this reason pre-eminently
+      every word in it should be expounded in its plain, obvious and
+      common sense.”—Per Allen J., in Peo v. New York, Cent. R. Co., 24 N.
+      Y. 485, 486.
+
+  105 Legislatures cannot change Constitutions. “I consider the people of
+      this country as the only sovereign power. I consider the legislature
+      as not sovereign, but subordinate; they are subordinate to the great
+      constitutional charter, which the people have established as a
+      fundamental law and which alone has given existence and authority to
+      the legislature.”—Per Roane, J. in Kanper v. Hawkins, 1 _Va. Cas._
+      20, 86.
+
+  106 “Some of the state constitutions provide for periodically submitting
+      to the voters the question whether a convention shall be called to
+      revise and amend the constitution. Regardless of whether or not
+      provision is made for periodical resubmission of the question of
+      calling a convention, the constitutions usually provide that the
+      legislature may, of its own volition, submit to a vote of the people
+      the question whether a convention shall be called, and subject to
+      any existing constitutional limitations, may prescribe the time and
+      manner of electing delegates to such convention.”
+
+  107 Teachers and school officers can perform no higher duty, can render
+      no greater service to America, than to encourage the use of school
+      buildings for public gatherings. They should be real community
+      centers. In the city of Minneapolis, the Superintendent of Schools
+      has recently reported that for the year ending July 1st, 1920, there
+      were 5070 meetings held in the public school buildings, with a total
+      attendance of 325,734 persons. There were 1434 cultural meetings,
+      751 civic sessions, 2501 recreative gatherings, and 334 social
+      festivals. Rural consolidated school buildings ought always be
+      planned for civic centers as well as school-houses. They ought to
+      provide a large assembly hall where community gatherings may be
+      held. They ought to provide a large and well equipped gymnasium
+      where both children and adults may enjoy athletic contests and
+      indoor games. These buildings ought to be open to the people every
+      evening during the week if the attendance warrants.
+
+  108 One mark of good citizenship is the respect shown to emblems of
+      authority. All good citizens rise to their feet and remain standing
+      during the playing or singing of the National anthem. We ought to
+      cultivate such habits until they become reflex: i. e. until we do
+      them as a matter of course without being told by the teacher in
+      school or by the leader of the choir or some other person.
+
+      Every school boy and girl ought to commit to memory the words of the
+      Star Spangled Banner and of America. The teacher can make the
+      singing of patriotic songs and the learning of patriotic poems and
+      speeches a part of the opening exercises of the school. Poems and
+      speeches learned in childhood will generally remain with us
+      throughout life.
+
+  109 Radicalism of thought and action can generally be traced to the
+      segregation of the people into small groups where the individual is
+      alone in his thinking. Association and cooperation tend to break up
+      individualism. Where men and women come together in thought and
+      consideration, there is always developed a tendency toward
+      moderation. Our present day complex society demands that every
+      individual yield something for the good of the whole community. The
+      yielding process is a moderating process. Anarchy stands for the
+      division of society into individuals where each individual becomes
+      selfish and dominating over others around him. Loyalty to the Nation
+      and the State requires that the individual shall coöperate with his
+      neighbor and that he shall work in harmony with other people in the
+      community. If people would more often assemble and discuss the needs
+      of the entire community and how each may help to make the entire
+      community better, we would have less of class distinction and more
+      of social harmony and of economic prosperity.
+
+  110 Republican government is government by the people through their
+      chosen representatives. Republican government can only be good
+      government and effective government, when every qualified voter will
+      assume his full duty in helping carry on the government. This duty
+      is exercised through the casting of an intelligent ballot on
+      election day. In the presidential election of 1908 the percentage of
+      qualified voters actually voting ranged from 15.8 per cent to 88.1
+      per cent, the average for all States being 60.5 per cent.
+
+  111 In colonial times in America there was nothing like universal
+      manhood suffrage. One-half of all the colonies required church
+      membership for a suffrage right. By about 1700 all colonies required
+      ownership of property for voting. This was not entirely abolished
+      until about 1850. The State of Rhode Island still requires property
+      to the extent of $134 for voting in municipal elections.
+
+      The colony of Virginia required the holding of a freehold of fifty
+      acres of land without a house, or twenty-five seres of land with a
+      house at least twelve feet square. Pennsylvania required a freehold
+      of fifty acres with twelve acres improved.
+
+      In most colonies a greater property qualification was required for
+      voting for members of the upper house of the legislature than for
+      members of the lower house.
+
+      Several colonies and early States limited office holding to
+      Protestants.
+
+      The Constitution of the United States now declares that no State
+      shall deny to any person the right to vote because of _race_,
+      _color_, or _previous condition of servitude_, or _because of sex_.
+      The Nineteenth Amendment enables women to vote on an equality with
+      men.
+
+      A State may add further qualifications for voting, but no State may
+      deny the right to vote for any of the above reasons. Several States
+      have added literacy tests for voting, and others have denied the
+      right to vote to such as are insane or who have been convicted of
+      crime, unless pardoned by the Governor. A few States deny suffrage
+      to those whose taxes are delinquent.
+
+  112 The following countries of the world have equal suffrage: New
+      Zealand, 1893; South Australia, 1895; West Australia, 1900; The
+      Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904;
+      Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913;
+      Norway, 1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark,
+      1915; England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919;
+      Luxemburg, 1919; Germany, 1919; Austria, 1919. In no other country
+      in the world is the right of suffrage more fully granted than in the
+      United States since the adoption of the Nineteenth Amendment.
+
+  113 “Any government is free to the people under it (whatever be the
+      frame) where the laws rule and the people are a party to those
+      laws.”—William Penn.
+
+  114 “It is, Sir, the people’s Constitution, the people’s government,
+      made for the people, made by the people and answerable to the
+      people.”—Daniel Webster.
+
+  115 “In truth success cannot be expected from any system of government
+      unless the individuals who compose the State entertain the respect
+      for the personal rights and liberties of all.”—David Jayne Hill.
+
+  116 “We cannot, we must not, we dare not, omit to do that which, in our
+      judgment, the safety of the Union requires.”—Daniel Webster.
+
+  117 “Americanization always implies obligation; free choice determines
+      its acceptance, and its extension must come through avenues of
+      intelligent comprehension rather than through physical or
+      governmental domination.”—Winthrop Talbot.
+
+  118 “The fundamental evil in this country is the lack of sufficiently
+      general appreciation of the responsibility of citizenship.”—Theodore
+      Roosevelt.
+
+      Teachers of children may well place greater emphasis on _ideals_,
+      _character_, and _personality_ as factors in the making of a Nation.
+      Teachers ought to lay greater stress on biography in the teaching of
+      history, civics, and citizenship. Teach children both to know and to
+      love Washington, Lincoln, and Roosevelt. Teach older pupils and
+      students to realize that the aims, ideals, and achievements of a
+      Nation can never be higher than the aims, ideals, and achievements
+      of the individuals comprising that Nation. To know the lives and
+      characters of America’s great men and women is to know American
+      history, for they made American history what it is. Young people
+      enjoy the study of great characters. We all retain a love for heroes
+      and heroines however old we grow. Such study adds color and life to
+      history and government and humanizes the entire subject. Teach lives
+      and institutions rather than mere facts. Inculcate into the lives of
+      boys and girls, and of men and women, a love for our country, for
+      the men and women who made it, and for the institutions in which
+      they have a part. Teach them that patriotism and loyalty are not
+      duties only, but are rather the highest privileges given to the
+      people of a republic.
+
+
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION***
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+
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+The Project Gutenberg EBook of The Short Constitution by Martin J. Wade
+and William F. Russell
+
+
+
+This eBook is for the use of anyone anywhere at no cost and with almost no
+restrictions whatsoever. You may copy it, give it away or re-use it under
+the terms of the Project Gutenberg License included with this eBook or
+online at http://www.gutenberg.org/license
+
+
+
+Title: The Short Constitution
+
+Author: Martin J. Wade and William F. Russell
+
+Release Date: January 3, 2011 [Ebook #34839]
+
+Language: English
+
+Character set encoding: ISO 8859-1
+
+
+***START OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION***
+
+
+
+
+
+                          The Short Constitution
+
+                      Elementary Americanism Series
+
+   Being a Consideration of the Constitution of the United States, With
+  Particular Reference to the Guaranties of Life, Liberty, and Property
+        Contained Therein, Sometimes Designated The Bill Of Rights
+
+                                    By
+
+                              Martin J. Wade
+
+                Judge of the United States District Court
+
+                                   And
+
+                            William F. Russell
+
+           Dean of the College of Education, University of Iowa
+
+                              Annotations By
+
+                           Charles H. Meyerholz
+
+         Professor of Social Science, Iowa State Teachers College
+
+                        Third and Revised Edition
+
+                     American Citizen Publishing Co.
+
+                                Iowa City
+
+                          Copyright, 1920, 1921
+
+
+
+
+
+CONTENTS
+
+
+About The Authors
+Preface
+I. The Judge's First Talk
+II. Government
+III. Liberty
+IV. America--A Democracy
+V. America--A Republic
+VI. Law
+VII. The Constitution
+VIII. Making The Constitution
+IX. Freedom
+X. Military Provisions
+XI. Search Warrant And Indictment
+XII. Rights Of Accused
+XIII. Life, Liberty, And Property
+XIV. Criminal Trials
+XV. The Indictment
+XVI. Guarding Rights In Court
+XVII. Punishment
+XVIII. Equal Rights Of Citizens
+XIX. Writ Of Habeas Corpus
+XX. Other Prohibited Laws
+XXI. Titles, Gifts, Treason
+XXII. Jury, Except In Impeachment
+XXIII. Wrongs Under King George
+XXIV. Shall Any Part Be Repealed
+XXV. Amending The Constitution
+XXVI. Machinery Of The Government
+XXVII. State Constitutions
+XXVIII. The Suffrage
+A Word To The The Teachers And Others
+Declaration Of Independence
+Constitution Of The United States
+Articles In Addition To, And Amendment Of The Constitution Of The United
+States Of America, Proposed By Congress, And Ratified By The Legislatures
+Of The Several States Pursuant To The Fifth Article Of The Original
+Constitution
+Footnotes
+
+
+
+
+
+
+What Has America Done For Me And For My Children?
+
+This question may not be spoken, but it is in the hearts of millions of
+Americans to-day.
+
+All those who attempt to teach Americanism to foreigners, _and to
+Americans_, must be prepared _to answer this question_. _It can only be
+answered_ by teaching the individual guaranties of the Constitution of the
+United States, and of the States, which protect life and liberty and
+property.
+
+_It can only be answered_ by convincing the people that this is a land of
+justice and of opportunity for all; that if there be abuses, they are due
+not to our form of government, but that the people are themselves to
+blame, because of their ignorance of their rights, their failure to
+realize their power, and their neglect of those duties which citizenship
+imposes.
+
+All over the land earnest men and women are endeavoring to teach the great
+truths of Americanism, and with substantial success; but those who
+understand human nature realize that the faith of our fathers can only be
+firmly established by lighting the fires of patriotism and loyalty in the
+hearts of our children. Through them the great truths of our National life
+can be brought into the homes of the land.
+
+And the Nation will never be safe until the Constitution is carried into
+the homes, until at every fireside young and old shall feel a new sense of
+security in the guaranties which are found in this great charter of human
+liberty, and a new feeling of gratitude for the blessings which it assures
+to this, and to all future generations.
+
+
+
+
+
+ABOUT THE AUTHORS
+
+
+For a work designed to promote education in the spirit of American
+citizenship it would be difficult to imagine a more competent authorship
+than that which has been provided for "The Short Constitution". Either of
+the writers alone would have produced a book of high standing in this
+field; the collaboration of the two makes it a remarkable production in
+its adaptation to the subject for home reading, the study club, and the
+school curriculum. It is unique, and has justly been termed "the first
+real attempt to popularize Constitutional law."
+
+Federal Judge Martin J. Wade has had a varied contact with people in his
+long experience as practicing attorney, district judge, member of
+Congress, and Judge of the United States Court. A well known Iowa
+publicist, he has gained nation wide fame as a public speaker and writer
+on Americanization and citizenship topics, basing his themes on first-hand
+experiences with conditions which have produced much unrest throughout the
+Nation. As a member of the State Council of National Defense during the
+World War, and as presiding judge at the trial of many obstructionists in
+that period, he conceived the idea of the need for a school of
+Americanism, to teach what our country has done for its citizens.
+Clearness and eloquence mark his public addresses, and have enriched the
+arguments and illustrations of this first book of the "Elementary
+Americanism Series".
+
+Dean William F. Russell was the educational adviser sent with a group of
+experts by appointment of the President of the United States to advise
+disorganized Russia during the latter part of the World War; and also one
+of the five members of the China Educational Commission of North America,
+sent to China in 1921. His course of study in American citizenship,
+written at the request of the National Masonic Research Society for use
+throughout the United States, was inspired by the observation that the
+government in Russia, in contrast with our own, was an agency that took
+money for its coffers and boys for its armies and gave nothing in return.
+In addition to his work as Dean of the College of Education of the State
+University of Iowa, and his record as a widely-known lecturer on
+educational topics, he has found time to write school texts notable for
+accurate and concise statement, adapted to arousing and sustaining
+interest in the student mind.
+
+The authors have done more than present the facts about the Constitution
+of the United States, with particular emphasis on its personal guaranties.
+They have vitalized a topic generally thought to be dry and technical.
+They have succeeded in making the Constitution seem to be what it is, a
+factor of first importance in the daily life of the average citizen. It is
+not too much to say that the seed of this book should be planted in every
+home in America.
+
+The admirable work of annotation by Professor Chas. H. Meyerholz,
+Professor of Social Science in the Iowa State Teachers College, gives much
+additional material for elementary and advanced study. Professor Meyerholz
+is well known as an authoritative teacher, writer, and lecturer on
+subjects pertaining to government, and has done much valuable
+Americanization work.
+
+The elementary and advanced questions at the end of each chapter will
+serve as a guide to all teachers and leaders of study classes. The text of
+the Declaration of Independence and the Constitution of the United States,
+with the original capitalization and punctuation preserved, and an
+abridgement of a State Constitution, printed at the end of the book, are
+valuable for reference.
+
+THE PUBLISHER
+
+
+
+
+
+PREFACE
+
+
+"The Short Constitution" is one of a series of volumes entitled
+"Elementary Americanism", intended for use in the home, the club, the
+school, and in general Americanization work.
+
+It is our hope that regular courses in "Americanism" will soon be
+established in all schools, colleges, and universities.
+
+We use the term "Americanism" because we feel that it signifies something
+broader, deeper, and more appealing than any title now used in the schools
+in the teaching of American government, or citizenship, or the rights and
+duties of the citizens of the United States.
+
+We like the term "America" better than "the United States". "The United
+States" suggests boundaries, codes, and constitutions. "America" suggests
+all these and then it suggests _spirit_. There _is_ such a thing as
+"Americanism". It includes all there is of information relating to our
+country; but it also has a soul "Americanism" relates to democracy, into
+which enter all the ideals, all the impulses and emotions of men, women,
+and children. "Americanism" teaches not only the relation of the States to
+the National government, and the relation of citizens to both the State
+and the National government, but it also teaches the relation of men,
+women, and children to each other.
+
+This is a government by the people, and therefore we must understand the
+people in order that we, the people, may govern.
+
+To arouse patriotism and loyalty we must do more than develop the powers
+of the mind, do more than expand the field of knowledge. We must inspire
+in the heart faith, confidence, and love. Men must not only learn how to
+govern, but they must learn how to be governed. We must not only learn to
+command, but also to obey. Our spirits must be so molded that we can
+submit to duly constituted authority, submission to which is the most
+lofty expression of American patriotism.
+
+Submission to authority in America is submission to law, for no man in
+this country has any authority to command or direct a fellowman, except as
+the law made by the people vests him with such authority.
+
+To inspire devotion to our country we must arouse in the hearts of our
+people a sense of gratitude for the blessings which come to us because we
+live in free America, gratitude for the rights and liberties which we
+possess, which are protected by the guaranties of a written Constitution
+adopted by the people themselves.
+
+There is only one way in which the average person may be brought to see
+what America has done for him, and that is by contrasting the rights,
+privileges, and opportunities which he has with those possessed by others
+in the same walk of life before the Constitution became the bulwark of the
+people against injustice and wrong.
+
+The aim of "The Short Constitution" is to present, in a form as simple as
+possible, a definite knowledge of all the personal guaranties of the
+Constitution, with an explanation of what they mean, and what they have
+done in the advancement of human happiness; and a brief explanation of the
+machinery of government provided by the Constitution.
+
+Everyone who understands human nature will admit that to mold the spirit,
+to inspire faith, and to excite gratitude training must begin in
+childhood. The child must learn:
+
+
+    (a) What authority means.
+
+    (b) The source of authority.
+
+    (c) In whom authority rests: in the parent, in the teacher, and in
+    public officers selected by the people to enforce the authority of
+    the community, the State, and of the Nation.
+
+    (d) How the authority of the people, the community, the State, and
+    the Nation is expressed through laws which are nothing but rules
+    of human conduct.
+
+    (e) How we should respect authority and submit to authority.
+
+    (f) How and by whom those who will not yield obedience to
+    authority out of respect will be compelled to obey by punishment.
+
+
+We have adopted a new method of presenting this subject. In this country
+authority is largely administered through the courts. Judges of the courts
+construe the Constitution and the laws; and, generally with the aid of a
+jury, determine rights and wrongs, and enforce justice through their
+judgments and decrees.
+
+We therefore feel that the subject "Americanism", presented through the
+spoken word of a judge, will better gain and hold the attention of the
+pupil than in any other way. We have the teacher invite Judge Garland to
+deliver a series of "Talks" to the pupils, which are herein presented. By
+this direct method greater freedom of expression is permitted and with the
+aid of notes greater brevity is possible. In these "Talks" considerable
+apparent repetition will appear. This is essential to thorough
+understanding. Without reiteration it is impossible to accomplish our
+purpose which is not only to enlighten, but to inspire.
+
+Our endeavor is to present the subject not from the standpoint of the
+government, but from the standpoint of the people. The _rights of the
+people_ are of first importance in a Nation where men, women, and children
+are free. The State and the Nation have no rights except those given them
+by the people. Strictly speaking the Nation and the States have no
+"rights" but only the duty to exercise certain powers in the protection of
+the liberties of the people.
+
+In America the rights of the people are supreme. The state exists for man,
+not man for the state.
+
+To gain substantial results we must rely largely upon the industry and
+enthusiasm of the instructors. We are sure they will realize that in the
+"upbuilding of the spirit" a proper atmosphere must be created and
+maintained. Doctor Steiner wisely said, "Religion cannot be taught, it
+must be caught". In other words religion is of the spirit; so is
+patriotism. _Always bear in mind that in presenting the Constitution we
+are teaching human rights under the Constitution._
+
+It is more than a century since the Constitution was ratified, and, so far
+as we have knowledge, this is the first direct attempt to translate its
+guaranties into the language of the ordinary man, woman, and child. We
+demand respect for, and loyalty to the Constitution, but the truth is that
+the ordinary citizen has no knowledge of the relation of the Constitution
+to his life or to the life of his children.
+
+THE AUTHORS
+
+
+
+
+
+I. THE JUDGE'S FIRST TALK
+
+
+      Reasons For The Study Of The Constitution Of The United States
+
+
+For several days there had been an air of expectancy about the school. At
+Monday's assembly the teacher had announced that she had persuaded Judge
+Garland to come to talk to the teachers and pupils about the Constitution
+of their country and about the law, the rights, the powers, and the duties
+of the people. A real live judge was coming! Most of the children had
+never seen a judge. The word inspired a sort of dread. They had read of
+men being sentenced to prison. They expected to see a fierce, hard-hearted
+man. Some of the younger children had wondered if it would be possible to
+stay away from the assembly room when the judge was there, but the teacher
+said that everyone should be present. So important was the subject that
+the teachers were to be there, too; and many fathers and mothers that
+could spare the time were also invited. The principal had said that he
+would not miss a meeting.
+
+So when Friday came the assembly room was crowded. All the pupils and
+teachers were there, and in the rear of the room were a few of the
+parents. The door opened and the principal of the school entered. By his
+side was a man whose gray hair and serious countenance told of years of
+responsibility. He did not appear "fierce". Rather his face was kind and
+his eyes twinkled as he ascended the platform and stood looking out over
+the faces before him.
+
+The principal introduced Judge Garland who bowed and began his series of
+talks to the children.
+
+Well my friends, I am glad to see you. I am delighted to be back in a
+school room again. It is many years ago, though it seems but a short time,
+since as a schoolboy I sat in a school room like this, among boys and
+girls like you. I suppose that I studied about as you study, and did not
+recite any better than you recite. I thought I had to work very hard, and
+I remember that I often looked out of the open window of the school room
+when the summer sun was warm, and I thought I could hear the trees, the
+grass, the stream, and even the fish calling me to quit study and come out
+to joy and freedom. I know it was a real temptation. I could have had a
+good time, but I have often been glad since that I obeyed my teacher, my
+parents, and the law, and continued my studies in school. I am glad,
+because I now realize how much easier, how much happier, and how much more
+useful my life has been because I did not listen to the voice of
+temptation which called me from work to play.(1)
+
+Since those pleasant school days I have seen much of human life. On the
+bench now for over twenty-five years, I have been compelled to deal with
+all sorts of people, even the little children who early in life sometimes
+drift from the path of right to ways of wickedness. I have served as judge
+of the Juvenile Court, and judge of the court in which the worst criminals
+are tried. I have heard the cases of thousands of persons on trial for
+crimes, men and women, young and old. I have sent hundreds to prison, and
+I have been compelled to sentence some to death.
+
+In this experience, I have learned something of how easy it is, unless we
+are on our guard, to sin against the laws of our country, and against the
+laws of God. I have observed that the average person does not fully
+appreciate the value of liberty until he is about to lose it.(2)
+
+I also know that most people do not know the worth of the protection which
+our Constitution gives to each one of us, until someone is about to take
+away their right to life, or to liberty, or to property; and then they cry
+out for help. If they are right in their appeal, they always find help in
+the Constitution and in the law of the land. Yet it is true that there is
+much real ignorance about our country, our Constitution, and our laws.
+There is even much ignorance of these things among people who are supposed
+to be well educated.
+
+So I was pleased when your teacher came to me the other day asking me to
+come to your school a couple of times a week, to talk to you about our
+country, our Constitution, and our laws. I am happy to be able to comply
+with her request. It is a difficult subject for children, yet children
+must study these things, and learn them. There is no more important
+subject.(3)
+
+One of the chief objects of furnishing free education to children, rich
+and poor, is to make of them good law-abiding citizens; citizens who know
+what authority is; citizens who will obey the voice of authority; citizens
+who realize that authority in this country rests in the people themselves;
+citizens, men and women, who realize that they owe a duty to their country
+and their fellowmen to do all they can to keep America the most free and
+the most just country in the world.(4)
+
+No American child should leave school without a full knowledge of the
+government of our country; nor until he has in his heart loyal devotion to
+America, and to the Stars and Stripes, the emblem of the free.
+
+Of course I do not expect you to learn all there is to be known about your
+government. However I do expect you to know the great fundamental truths
+which after all are very simple and easily understood.
+
+I am not endeavoring to make lawyers. I am not trying to train you to
+become lawyers. You know nearly all the children in the American schools
+have to learn something about physiology and hygiene, but not in order to
+become doctors. They study physiology and hygiene in order to understand
+the ordinary rules of health, so that they may protect themselves as far
+as possible against disease and take care of their bodies intelligently.
+Of course sickness will come. Then you must call the doctor.
+
+Well, so it is in this course. I want you to know enough about your
+government, your Constitution, and your laws--because these things are
+yours--so that you, as members of this great society called America, will
+be able to understand your rights and duties, your privileges, your
+opportunities, and your obligations. Sometime in your life your problem
+may become so difficult, or your rights may become so endangered, that you
+will have to call upon a lawyer, just as when illness comes you call upon
+your physician.(5)
+
+No one knows anything of real worth about his country until he knows its
+Constitution. No one can have in his heart a full measure of gratitude for
+the blessings of living in a free country, until he knows of how fully the
+Constitution guards every right and privilege which we hold dear. So we
+shall enter upon the study of the Constitution of our country.
+
+But in order that you may better understand the Constitution of your
+country, in order that you may better study the problems which will be
+presented to you in this course, it is necessary for you to understand
+something, in a general way at least, of four separate
+things--_Government_, _Liberty_, _Authority_, and _Law_. So before talking
+to you of the Constitution, I shall talk to you on these subjects.(6)
+
+I know it will not be easy for you at first to understand some of the
+words and expressions which it is necessary for me to use. It will be
+necessary for me to repeat to some extent, from time to time, but I feel
+satisfied that if we will work together in the right spirit, you will find
+the matter interesting; and I am sure that the great truths, the great
+principles of life, conduct, and action will soon become clear to your
+minds.
+
+The important thing to realize at all times is that we are not talking
+about something away off in which we have slight interest, but that we are
+talking of things which are ours, which affect every one of us, not in the
+future, but now.
+
+I can recall a number of faces of men who have been before my court
+charged with crimes, who in childhood were sitting where you are sitting
+to-day. I have sentenced some of them to long terms of years in the
+penitentiary. I was compelled to take away from them their liberty,
+because they had shown themselves unworthy, and had shown themselves
+rebels against the authority of their country.
+
+On the other hand, I recall those who came into court seeking protection
+of their rights against wrongdoers--against those who would take away their
+property, the earnings perhaps of a lifetime; and in court they found
+protection, justice, and right. But in administering justice and right,
+the court was only applying the principles of the Constitution of our
+country which we are about to study.
+
+So let us enter upon this work with a determination to succeed in our
+undertaking. You know that has a great deal to do with our success in
+life--a determination to succeed.
+
+When you boys take your baseball team to play the team of some other
+school, you start for the baseball park determined to win the game; and,
+if you keep up this spirit, you probably will win the game. In any event,
+you play a real game of which your friends are proud. That is the way to
+meet all the problems of life, whether in the school room, or out in the
+world after you have entered upon the great battles of life.
+
+ELEMENTARY QUESTIONS
+
+1. Did you ever see a judge? Would you be afraid of a judge? Why?
+
+2. What are the duties of a judge?
+
+3. Why did the judge say, "But I have often been glad since, that I obeyed
+my teacher, my parents, and the law, and continued my studies in school"?
+Why do boys and girls go to school? Why is the public willing to pay large
+sums of money to pay teachers, buy books, build school buildings, and keep
+them open?
+
+4. What law was it that the judge said he was glad that he had obeyed?
+
+5. Why did the judge send hundreds to prison? Why was he compelled to
+sentence some to death?
+
+6. What are the advantages of staying in school? What more do you know
+when you graduate from elementary school than those who quit earlier?
+Should one try to graduate from high school? Why?
+
+7. The judge says that one of the chief purposes of school is to make
+good, law-abiding citizens. Think of some person you know who is a "good,
+law-abiding citizen"; think of some one who is not; name five ways in
+which they are different.
+
+8. Have you read the Constitution of the United States? Should a good,
+law-abiding citizen know what is in the Constitution of the United States?
+
+9. The judge says that we owe a duty to our country. List five duties that
+a school pupil owes to his father and mother, five that he owes to his
+teacher, and, if you can, list five duties that all of us owe to our
+country.
+
+10. The judge says that the Constitution guards every right and privilege
+that we hold dear. Can you name any rights or privileges that you hold
+dear?
+
+ADVANCED QUESTIONS
+
+A. Why do we say that the United States is the "land of the free"? Why
+does the judge say that it is the most free and just country in the world?
+
+B. How are judges selected? To whom are they responsible? What are their
+duties?
+
+C. What are likely to be the results of poor schools?
+
+D. Should a parent have a right to give a child as poor an education or as
+little schooling as he may desire?
+
+E. Why do some States require children to study physiology and hygiene? Is
+there as good an argument for a study of the Constitution?
+
+F. Why does the judge say, "No one knows anything of real worth about his
+country until he knows its Constitution"?
+
+G. The judge says that good citizens know what authority is. Give an
+illustration of a child, a student, and a citizen who knows what authority
+is. Define authority. Give an illustration of a man who does not respect
+authority.
+
+H. When is a country a "free country"? What is a "just country"? How can a
+judge justify himself in a free country when he sends some men to prison,
+thereby taking away their freedom?
+
+I. How can an American protect his liberties? What steps must he take?
+
+J. Prepare a paper on one of the following subjects:
+
+
+    The Advantages of Staying in School
+
+    One Law-abiding Citizen That I Know
+
+    What One Man I Know Knows About the Rights and Privileges of the
+    American Citizen Under the Constitution.
+
+    Why Everyone Should Study the Constitution
+
+    What a Law Is, Where It Comes From and Its Value
+
+
+
+
+
+II. GOVERNMENT
+
+
+   The Purpose And Origin Of Government Among Men--In The United States
+
+
+It is a little difficult even for grown people to understand clearly what
+is meant by "the government". They have so many absurd notions about what
+the government is, and where it is, that I do not wonder that children do
+not understand. If I could look into the mind of each child here this
+morning, I am sure I would find many that picture the capitol at
+Washington, the President, or some other officer as being the government.
+Now the capitol and the President and the Congress and the Supreme Court
+of the United States and all other National officers are part of the
+government, _but they are not the government_.(7)
+
+The government of the United States is merely the agency by which and
+through which the people protect their own rights and liberties. Our
+government may be said to be the organized will of all the people. The
+people govern in this country, and the men and the means by which they
+govern all combined may be said to be the government. But do not ever
+forget this fact: the President is not a master, but a servant. The
+President, Senators, congressmen, and judges, in the Nation; the
+Governors, State Senators, and State Representatives in the States are
+only agents or servants of the people to carry out the people's will. Also
+do not forget that the power of government does not rest in Washington,
+the capital of the Nation, nor at the capitals of the different States.
+The power of government exists all over these United States. The power of
+government exists right in the homes and hearts of the people.(8)
+
+The President has no power except that conferred upon him by the
+Constitution and the laws which the people have adopted. Neither have the
+Senators, the congressmen, nor the judges any power except that given by
+the people, and the people at any time can take away any part of the power
+given. When I say the people, I mean of course all the people. Not that
+all the people must agree to any law to have it enacted. The majority of
+the people make the laws as a rule. We shall take this up later and
+consider it fully. Government is power to exercise authority. Authority is
+in the people, and the authority of the people is expressed as they want
+it in laws which they make.
+
+But what is government for? Why have any government?
+
+Government is organized to protect human rights.(9) Perhaps if you were a
+giant possessed of wonderful wisdom you would not need any law to protect
+your rights because you would be big enough, powerful enough, and wise
+enough to resist any person who might undertake to interfere with your
+rights; but we are not all giants and we are not all wise. In fact there
+are very few giants in the world. It is true, however, that some are
+bigger and stronger than others; and sometimes these big, strong people
+are selfish, wicked, or envious. They see that a weaker person has
+something which they want, and being big and strong, if there were no law
+to restrain them, they would take it.
+
+Now if you have a bicycle and some full-grown, strong, brutal man were to
+come into your yard, take your bicycle, and start away with it, what would
+you do? You might protest. You might beg him not to take your property,
+but this would probably do no good. A thief does not stop when he is asked
+to by the owner of the property he is stealing, nor is a thief influenced
+by the fact that his act is wrong. In fact doing wrong is the business of
+a thief.
+
+So there being many strong people in the world and many weak people, many
+wise people, and many simple people, the full grown and the children, and
+many, many people who are not guided by rules of right or morality or
+justice, you can see how necessary it is that someone shall provide rules
+and regulations under which the weak, the simple, and the young may be
+protected from the strong, the brutal, and the wicked who would deprive
+their neighbors of their rights or their property, simply because they had
+the power to do it. This is what the government does.
+
+There have been times in the world, hundreds and thousands of years,
+during which the strong governed the weak, made the weak their slaves,
+took from the weak the earnings of their toil; but our government exists
+for the very purpose of restraining the strong and protecting the weak, so
+that their rights are equal. Every man is free and no man is a slave.
+
+Therefore always keep in mind that the purpose of government is to protect
+the people of all classes and ages so that, so far as possible, all may be
+equal in their right to do the things they want to do, own the things they
+want to own so far as they are able to produce or procure them, think the
+things they want to think, and speak the things they want to speak. In
+other words, _government is to protect our freedom against the wrongs of
+others_.
+
+Now we must not have the notion in our mind that the government has
+anything to do with who shall work, or who shall play, or who shall idle.
+Occupations in life are not selected by the government. Each person
+determines this for himself. That is one of the privileges which we have
+in a free country, to select our own occupations; and as you go through
+life you will find that what appear to be the higher or better occupations
+are usually earned by industry, faithfulness, and honesty.(10)
+
+I am going to talk to you some day about occupations in life so that you
+will understand that our place in life is selected by ourselves,
+determined by our efforts and our conduct. I want you to start out in life
+with such a knowledge of these things that you will never blame your
+country if you do not like your job.
+
+_But how did our government come into existence? What was the beginning?_
+Well, it is all very simple if we only get right down to elementary
+principles, if we only "begin at the beginning". Perhaps your father is a
+Woodman, or an Odd Fellow, or a Knight of Columbus. Perhaps he is a member
+of the American Federation of Labor. Perhaps your mother belongs to the
+Eastern Star, or the P. E. O. society. Perhaps you belong to some school
+fraternity, debating society, or neighborhood club, the Boy Scouts, or the
+Camp Fire Girls.
+
+Now let us go back a few years. None of these societies were in existence.
+Where did they come from? One day, years ago, a few men and women, or boys
+and girls, met perhaps in some home, or the office, and talked over the
+plan which perhaps had been suggested by some one present at the meeting.
+After discussion, it was decided to form an organization. I have no doubt
+that most of you have had such an experience. The beginning of each
+society was merely an idea in the mind of some one. He or she talked of it
+to some one else, and the discussion extended until enough of interested
+persons came together to complete an organization and give it a name.
+
+What was the first step in perfecting the society or organization? It was
+the preparation of a written statement of the purposes and principles of
+the organization, which is usually called a constitution. When the
+constitution was completed, usually by a committee, all those about to
+become members of the society met and talked it over. Changes probably
+were made and the constitution finally adopted. Probably some voted
+against it, but those who did vote against it recognized that they should
+be bound by the judgment and will of the majority.(11)
+
+Laws, or by-laws, as they are generally called, were then adopted to
+govern the conduct of the members in their relation to each other and to
+the society. These by-laws have been amended from time to time ever since,
+and perhaps at all times some of the members have believed that the
+by-laws should be different, but they have submitted to the will of the
+majority.
+
+So with the United States. There was a time less than one hundred and
+fifty years ago when there was no such thing on earth. A comparatively few
+men, representing the people of the former colonies, decided to form a
+Nation, and in the Constitutional Convention after months of discussion,
+the Constitution was adopted, and it was finally ratified by the people of
+the States. While many persons opposed some of the provisions of the
+Constitution, all submitted to the will of the majority.
+
+Thereafter, rules of conduct called laws--in your society by-laws--were
+adopted, and from time to time changed and extended as circumstances
+seemed to demand. We are going to talk about these laws in a few days.
+
+But _there is the whole story_. There is the simple beginning of this now
+great Nation, the most powerful on earth.
+
+So you see there is nothing mysterious about the origin of our
+Constitution. There is nothing mysterious about the origin or the
+organization of this government. The important thing to bear in mind is
+that it was formed by the people for themselves. Humanity, after thousands
+of years, had reached a point where they refused longer to be governed by
+a king or similar ruler.
+
+All this will become more clear to you as you understand something of the
+nature of liberty and of law.
+
+ELEMENTARY QUESTIONS
+
+1. What is the government of the United States? Why isn't the capitol at
+Washington the government? Why is it impossible to point out the
+government of the United States upon the map?
+
+2. What is a servant? Describe a servant. Why does the judge say that the
+President of the United States is only a servant of the people?
+
+3. Was the Kaiser a servant of the German people? Why not?
+
+4. Where does the President get his power? Where do members of Congress
+get their power? Judges? The Sheriff? The Mayor?
+
+5. If we do not like what our servants do, how can we control them?
+
+6. What is government in a school? In a club? What would it be like if
+there were no government in either? Name five advantages of having a
+government.
+
+7. Suppose that you were like Robinson Crusoe, except that five of you
+were shipwrecked. Would you form a government? Why?
+
+8. If you were tie write a constitution, what would you include?
+
+9. Suppose that a man came into your yard and tried to steal your bicycle,
+what could you do to protect your rights?
+
+10. Do all people do what they think is right? How can you tell what is
+right and wrong?
+
+ADVANCED QUESTIONS
+
+A. What is the purpose of government?
+
+B. Why is it wrong for the great and powerful to govern the small and
+weak? Does might make right?
+
+C. Which would be the better government, one based upon might makes right,
+or one based upon right makes might? Why?
+
+D. How can right make might?
+
+E. In a free country can the government prescribe what occupations in life
+the people must follow? How are the higher and better occupations acquired
+in America?
+
+F. How did the American government come into being?
+
+G. How would you organise a literary society? List the steps in detail.
+Would you have a constitution? What should be included in any
+constitution?
+
+H. Discuss the effect of a sudden breakdown in government.
+
+I. What were the first steps in the actual organisation of the government
+of the United States?
+
+J. Write a paper on:
+
+
+    The Ways in Which the Postmaster, Superintendent of Schools,
+    Sheriff, Coroner, or Judge Serves the People
+
+    Why We Cannot Locate Our Government On the Map
+
+    The Advantages of Having a Government
+
+    What a Constitution Should Include
+
+
+
+
+
+III. LIBERTY
+
+
+Definition Of Liberty And The Historical Background Of The Struggle For It
+
+
+I hope that we now all understand that the purpose of government is to
+maintain the liberty of the people. I wish that every child would learn
+from the Declaration of Independence the following:
+
+"_We hold these truths to be self-evident, that all men are created equal,
+that they are endowed by their Creator with certain unalienable Rights,
+that among these are Life, Liberty and the pursuit of Happiness. That to
+secure these rights, Governments are instituted among Men, deriving their
+just powers from the consent of the governed._"(12)
+
+This expresses the whole purpose of government--to secure the right to
+life, to liberty, and to happiness.
+
+I suppose every child here would like to be rich some day. A great many
+people feel that riches bring happiness. The experience of men, however,
+is that riches more often bring disappointments, burdens, and grief.
+
+_What is the most valuable thing in the world?_ It is not money, lands,
+nor jewels. The most valuable thing in the world is human liberty. I do
+not believe that we, born here in America, realize the value of human
+liberty. It comes to us as a heritage. We accept it as we accept the
+sunlight, the springtime, the harvest. I am afraid that we seldom stop to
+recall the fact that the great blessing of human liberty, as we have it
+here in America, did not exist before our Nation was born. Always remember
+that there were thousands of years before our country came into being,
+when the people, men, women, and children living in many countries of the
+world and under many forms of government dreamed, hoped, and prayed for
+freedom. But it never came to them. They lived, labored, and died under
+kings and emperors, or other rulers, never having any power, or at most
+very limited power, in making the laws under which they were compelled to
+live.(13)
+
+To a considerable extent the history of the world is a sorrowful story of
+men who fought and died in struggles for liberty, the same liberty which
+we in this country enjoy. We must not forget that freedom in this Nation
+was obtained only through war, bloodshed, and sacrifice.
+
+Now what is this liberty for which men have fought and died? It is liberty
+of thought, liberty of speech, liberty of conscience, liberty of action,
+liberty, as the Supreme Court of the United States says, "of all the
+faculties". Men wanted the right to form their own opinions and to express
+them in speech or in writing. They wished to worship God according to the
+dictates of their own consciences, and not as directed by the ruler of the
+government. They wanted to work in employments of their own choice, to
+have their own earnings for themselves and their families, instead of
+having it taken as tithes or taxes to buy purple robes for some monarch
+upon a throne. They wanted the right to own property, to own a home; and
+they hoped and prayed for the day when their children might have a chance
+to advance in life according to their merits. They hoped some day to have
+the door of opportunity open to the son of the poor man as well as the
+rich. They hoped to see class and privilege wiped away.(14)
+
+These were the things that men and women throughout the centuries
+struggled for, but which were never attained in the whole history of the
+world, by any race or by any nation, until America opened its doors to all
+the peoples of the earth, guaranteeing to them all the blessings which had
+been so long denied to the human race.
+
+You will understand better the functions of government with relation to
+human liberty if you will realize that human liberty is a natural right.
+It comes from no man and no government. It is "God given". Men are born
+free. The love of freedom is in every human heart. Again recall the words
+of the Declaration of Independence--"all men are created equal ... they are
+endowed by their Creator with certain unalienable Rights", among which is
+liberty.
+
+America does not confer liberty upon the individual. America realizes that
+the individual possesses the right to liberty, and the whole structure of
+the American government is framed with the special purpose of protecting
+each individual in his natural liberty.(15)
+
+Now there is no danger to the liberty of any one except from two
+sources--the wrong of a fellowman, or the wrong of the government, which in
+this country is a mere organization of men and women and children. Here we
+see emphasized the necessity for law in order to protect the liberty of
+the individual. Government is organized to protect individuals in their
+liberties. This protection is furnished by laws enacted by the people to
+protect the weak against the strong, the good against the evil; and in
+this country the same law applies to every individual. There are no
+special laws for special classes; every one is equally interested in
+having these laws as just and fair as possible. Liberty under law is the
+privilege of doing everything one wishes to do, except in so far as his
+acts may interfere in some way with like privileges of those who are about
+him in society.
+
+Therefore always keep in mind that the great achievement of those who
+founded America was the establishment of a Nation where liberty would have
+a home. Of course liberty could not be fully established in this country
+until the Nation was fully established, until the Constitution was
+adopted, until laws were enacted; but from the adoption of the
+Constitution to the present time the people have enacted laws from time to
+time, and still enact laws, the better to protect every man in his liberty
+and to enlarge his opportunities in life.
+
+Now in order to understand clearly how the liberties of the people are
+protected through our government, we must understand the nature and form
+of our government; and this subject we must take up at our next meeting.
+
+ELEMENTARY QUESTIONS
+
+1. What is your idea of the right to "life"? Does it mean that no one
+shall ever be sentenced to death for murder?
+
+2. What is your idea of the right to "property"? Does this mean that
+everyone shall be wealthy? Does it mean that everyone shall own his own
+home?
+
+3. What is your idea of the right to "pursuit of happiness"? Does this
+mean that everyone can do as he pleases?
+
+4. Why does the judge say that liberty is the most valuable thing in the
+world? What would you trade for it?
+
+5. Note the dangers to liberty that the judge points out. What are they?
+
+6. Give an illustration of each of these dangers.
+
+7. How may we protect ourselves against these dangers?
+
+8. Where does this liberty that we enjoy come from? Who grants it?
+
+ADVANCED QUESTIONS
+
+A. In what particular ways does the Constitution of the United States
+guarantee liberty?
+
+B. What forms of government existed before the United States? What
+liberties did the people of Russia, or France, or England enjoy in 1600?
+
+C. Who really possesses the power of government in the United States?
+
+D. How is the liberty of the individual protected in the United States?
+
+E. In what ways were the people of Massachusetts in 1650 not as free as we
+are to-day?
+
+F. What does it mean when we say "all men are created equal"?
+
+G. Discuss the real meaning of the right to "Life, Liberty and the pursuit
+of Happiness".
+
+H. Write a paper on:
+
+
+    Ways in Which We Have an Equal Chance
+
+    How We Can Make Chances Still More Equal
+
+    "I hope to see the time when every American citizen will have an
+    unfettered start and an equal chance in the race of life."--Abraham
+    Lincoln
+
+    The Meaning of Liberty
+
+    A Week in a Land Where There Is No Liberty
+
+
+
+
+
+IV. AMERICA--A DEMOCRACY
+
+
+ The Spirit Of Democracy Developed Under The Constitution Of Our Country
+
+
+It is not sufficient that we shall know what government is and where it
+is. We must also understand its nature. It is the proud boast of America
+that it is a democracy, the first real democracy in the world. Now what is
+meant by a democracy? We hear much about democracy, and we hear much about
+republicanism, and many people when they hear or see these terms think
+that it has to do with the Democratic or Republican political party. We
+must not be confused. We must see and think clearly. Democracy and
+republicanism, as we use the terms in these talks, have no reference to
+any political party, but relate solely to the form of government under
+which we live.
+
+America is a democracy. It is also a republic, as we shall see in our next
+talk. It is very important that we shall understand why it is a democracy,
+and why it is also a republic, and the distinction between the two.
+
+It has been well said that republicanism in government "refers rather to
+the form of government", and that democracy refers to the "spirit of
+government". In government as with the people the spirit is the real,
+important thing. In a democracy the people govern. "A government of the
+people, by the people, and for the people", as Lincoln expressed it, is a
+democracy. In a democracy no man is the master of another man without his
+consent. In a democracy there are no slaves. In a democracy each and all
+have equal rights. Every one in a democracy has an equal opportunity with
+every other person.(16)
+
+You have already learned that in this country the people make the laws. In
+the making of laws the banker and the man who digs in the sewer have the
+same power. Each has one vote on election day, and no more. America has no
+rulers except the people. In a democracy the spirit of all should be one
+of toleration and kindness. All of us cannot have things just as we want
+them in this world. Men do not all agree, so we must let the majority of
+the people rule. But the majority should not have any feeling of
+superiority. The majority should be inspired by a sense of justice and
+charity toward their fellowmen. In fact a democracy is a brotherhood in
+which each person should think, not only of himself, but of his neighbor.
+In this democracy the more we think of the rights of our neighbor and the
+more we think of our duty toward our neighbor, the better will our
+government be.
+
+In a democracy we live in the belief that all men are created equal, that
+all through life they are equal in their rights, in their duties, and in
+their privileges. I do not mean of course that all men are equal in
+physical strength, because you who run and wrestle every day know that
+some are stronger than others. I do not mean that all are equal in the
+powers of the mind, because some of us here this morning, even some who
+study hard, know that other pupils get higher marks in every examination.
+Nor do I mean that all are equal in wealth, in health, or in comforts.
+
+What I mean is, that so far as life and liberty are concerned, in our
+rights under the law, in our protection under the law, we are all equal.
+
+In a democracy the people make the laws, and the people enforce the laws.
+As we shall hereafter see, every man who takes part in making a law, and
+every one who aids in enforcing the law is selected by the people. But the
+great thing about a democracy is the spirit of the people--the feeling of
+the people toward each other. Pride of wealth, position, race, or creed
+has no place in a democracy. Every person should feel sympathy and charity
+for his neighbor, and for his neighbor's problems in life.
+
+We should all be willing to help those who may be less fortunate. We
+should all endeavor to make our neighbor's life as easy as possible.
+
+A democracy cannot be a government by groups: it must be a government by
+every one.
+
+Now I do not mean to say that we in this country all have the proper
+feeling toward our neighbor. We are not all good citizens of a democracy.
+Many people have pride, selfishness, and hate. Many people do not seem to
+care how the rest of the world lives. Such people are not worthy to have
+the privileges of living in a democracy. Many people are also ignorant in
+matters of government. They do not seem to care what kind of a government
+we have. In fact many people will not vote on election day. It is because
+of pride, selfishness, hate, ignorance, and indifference that I am here
+talking to you to-day. This is a wonderful government, but it can be made
+much better, with more freedom and more justice, if the people will only
+learn more about their power and their duty, especially if they will only
+cultivate the right spirit--the spirit of America, the spirit of justice,
+humility, kindness, and charity.
+
+"Love thy neighbor as thyself" is not only a Christian duty, but it is the
+foundation of social life in a democracy. You will find when you become
+acquainted with life that success in life does not depend upon money,
+clothes, nor social position, but that in this American democracy real
+merit wins. More and more are we learning every day that true happiness
+comes only from service, service to humanity, service to our country, and
+this spirit of service must be developed in childhood, and expand as we
+grow to manhood and womanhood.
+
+That was a nice thing you did the other day, here in this school, when you
+put your pennies and your nickels together, bought a ton of coal, and sent
+it to the widowed mother of one of your schoolmates who had been sick for
+several weeks. He is just a poor Polish boy; but when in health he ran
+errands before and after school. This helped to support his mother and his
+little sister. I am sure that he thinks of you every day; and that he
+often thanks God that his father, who died last winter, had the courage to
+leave the old home in Poland and come to America where there is a chance
+for the poorest and the most obscure.
+
+I told you a while ago that this is the first real democracy in the world.
+So few people stop to think about this. The world is thousands of years
+old. Humanity in all these thousands of years has been made up of men,
+women, and children just like us. They hoped for, and dreamed of freedom,
+but until America became a Nation no government in the world had ever been
+a real government by the people. They had always been ruled by a king, a
+queen, an emperor, by some other ruler, by a small group of men who were
+rulers, or by a certain class. Your father may be a blacksmith, or a
+street sweeper, but on election day he can vote. Up to the organization of
+this government no such right existed anywhere in the world. In some
+countries, a few men who owned a certain amount of property could vote;
+but the wise men of the world sneered at the American plan to give every
+man the right to vote whether he owned a dollar's worth of property or
+not.
+
+Always remember this, too, that even when America became a Nation, the
+right of all the people to vote was not granted at once. Many of our
+States for many years required that a voter must have a certain amount of
+property. Finally this was all wiped away. America has been a growth, each
+generation doing a little more to expand the power of the people, and this
+growth, this expansion must continue. We are still a young Nation and we
+all have much to do to aid in making this democracy a better place in
+which to live.
+
+When you hear of other democracies now existing in the world, remember
+that America has been their guide and inspiration. Men came from France to
+help fight our revolution, and carried back with them the spirit of
+America. In time democracy was established in France. So with all the
+countries in the world which to-day have a greater or less degree of
+democracy, to them all, America has been a beacon light, a source of
+courage and of inspiration. Did any of you ever see the great Statue of
+Liberty at the entrance to the New York harbor? If you did, you saw that
+grand figure looking out to the east over the great expanse of water,
+holding aloft the great torch which in the darkness of the night is aglow
+with light, the great flaming torch, which is emblematic of America
+enlightening the world.
+
+ELEMENTARY QUESTIONS
+
+1. Which was the first real democracy to be established in the world?
+
+2. What is a democracy? What is the difference between "democracy" and a
+"Democrat"?
+
+3. Who governs in a democracy?
+
+4. In a democracy, who makes the laws?
+
+5. How is power in government expressed in a democracy? In America, does
+one man have more power than another?
+
+6. How many times can a person vote on election day?
+
+7. Suppose Congress or the legislature in our State passes a law that we
+do not like. Do we have to obey it? What can we do about it? How can we
+secure a change in the law?
+
+ADVANCED QUESTIONS
+
+A. What does "government of the people, by the people, and for the people"
+mean?
+
+B. What is the proper spirit of people who live in a democracy?
+
+C. What is meant by "the majority of the people rule"?
+
+D. What would happen if the minority should rule? Lincoln said that this
+meant anarchy. Why?
+
+E. Does the minority have any rights? Should the majority pay any
+attention to them? Why or why not?
+
+F. Who enforces laws in a democracy?
+
+G. Why is it said that the best way to get rid of a bad law is rigidly to
+enforce it?
+
+H. What is the result of not casting your ballot on election day?
+
+I. It is a fact that from election to election there is an increasing
+percentage of the qualified voters who do not vote. What is the danger of
+this? What is it likely to lead to?
+
+J. Write a paper on:
+
+
+    The Meaning of Democracy
+
+    The Danger of Not Voting
+
+    Why It Is Right that Women Should Vote
+
+    Why We Fought to Make the World Safe for Democracy
+
+
+
+
+
+V. AMERICA--A REPUBLIC
+
+
+        A Representative Form Of Government Under The Constitution
+
+
+As I stated to you in our last discourse, America is a democracy, but it
+is also a republic. It is a democracy in its spirit and the power of its
+people, but in the mode of exercise of the power of the people it is a
+republic. We often hear America referred to as a "representative
+democracy". If America were merely a democracy there would be no fixed
+method for expressing the wishes or the power of the people. In a pure
+democracy, people having full power would naturally assemble from time to
+time to decide by the vote of all those present what should be done for
+the public good.
+
+You will hear of the "town meeting" which even to-day in some parts of New
+England is held from time to time, where the people assemble, and by vote
+decide matters of public concern.
+
+But this is now a Nation of more than one hundred and five million people.
+We have forty-eight States, many of them very populous. When the
+Constitution was adopted, there were only about 3,900,000 people in all
+the States; but those who framed the Constitution looked into the future
+and could see something of the wonderful growth of the Nation which they
+were planning. Of course it is easy for anyone to see that in a large
+country like this, with a large population or a population as large as it
+was at the time when the Constitution was adopted, it would be impossible
+for all the people to assemble in a meeting to vote directly upon the
+passage of necessary laws, or to provide for taxation, or to conduct the
+general business of the State or the Nation. You can see how absolutely
+impossible it would be in these days to have the people of the United
+States assemble at the National capital to vote on any law, or to make any
+appropriation, or to provide rules for exercise of governmental power.
+
+Therefore you can readily see that the founders of this country very
+wisely realized that the only government possible would be what is known
+as a representative government, a democracy where the people would have
+all the power, but a republic wherein the people would express that power,
+not directly, but through representatives or agents chosen by them.(17)
+
+The government of the United States and that of each of the States is
+sub-divided into three parts: the executive, represented by the President
+or the Governor, the legislative, represented by Congress or the
+legislature, and the judicial, represented by the courts.
+
+Now the President and the members of Congress, including the Senate, and
+the judges of the courts are all merely representatives of the people
+chosen by the people to carry out the will of the people. The position and
+powers of all of these representatives of the people are fixed and defined
+by laws enacted by the people.
+
+As we shall hereafter find, the first law of the Nation, the foundation of
+all laws of the Nation, is the Constitution of the United States, which in
+the long ago was adopted by the people of thirteen small States.
+
+Our form of government therefore is representative. That is to say, the
+people choose their representatives to do the business of the country for
+the people. Laws are voted for directly by members of Congress and the
+Senate of the United States, or members of the legislatures of the States;
+but these members of Congress, Senators, and legislators are selected by
+the people, and in voting for laws they are expressing the will of the
+people who voted for them. They are elected for a short term of years, so
+that in case any one of them should not, in his vote upon any law, carry
+out the wishes of the people who elected him, they may at the next
+election select someone else in his place who will better represent
+them.(18)
+
+The important thing to bear in mind in relation to this government
+organization, with all the officers now necessary to do the business of
+the people of this great country, is that these officers--executive,
+legislative, and judicial--are not the government; the government rests
+with the people, and these officers are merely servants of the people,
+subject to the will of the people.
+
+It has been well said that government in a democracy is organized public
+opinion. Public officers, representatives of the people, have only the
+power which the people give to them. In many of the States of this
+country, in the enactment of laws, the people by law make provision by
+which the people themselves have the power to reject laws enacted by their
+representatives of which they do not approve. Under the "initiative" and
+"referendum" in some States, the people retain the power to direct their
+legislature to enact certain laws. Also laws made by the legislature may
+be voted upon by the people for final approval, if desired.(19)
+
+The important thing first to be learned is that in this democracy the
+government is in form a republic, because the laws are enacted and
+enforced, not by the direct vote of the people, but by the representatives
+elected by the people.
+
+The power of the people always continues. A law may be passed by one
+legislature, or one session of Congress, and may be repealed the next. Any
+law upon the statute books may be changed from time to time, in response
+to the changing sentiment of the people.
+
+We are inclined to consider the term "representative government" as
+relating particularly to the enactment of laws, but this is a
+representative government not only in the making of laws, but also in the
+enforcement of laws. I want you to realize early in life that every
+citizen has a responsibility for enforcing laws as well as for making
+laws, and that for any failure or omission in the making of laws, or in
+the enforcement of laws, the people must bear the responsibility.
+
+ELEMENTARY QUESTIONS
+
+1. In what respect is America a republic?
+
+2. What is the difference between a republic and a Republican?
+
+3. What was the population of America when the Constitution was adopted?
+
+4. Why was it impossible to have all the people assemble to adopt laws?
+
+5. What is meant by a representative of the people?
+
+6. Suppose a representative does not represent the people as they wish.
+What can they do about it? Give illustrations.
+
+7. Into what parts is the government of the United States divided?
+
+8. How are the powers and duties of representatives of the people defined?
+Why does the judge say that the people really have the power and that this
+power continues?
+
+ADVANCED QUESTIONS
+
+A. What is the fundamental law of the United States? Why is it
+fundamental?
+
+B. How can we say that the people have power in lawmaking, when we know
+that the representatives make the laws?
+
+C. How can we influence the votes of our representatives?
+
+D. If you know that your representative is likely to vote against your own
+wishes, what can you do about it?
+
+E. How soon may a law be changed after it has been passed?
+
+F. What is meant by "initiative, referendum, and recall"? How have they
+worked out in practice?
+
+G. Write a paper on the following:
+
+
+    The Difference between a Democracy and a Republic
+
+    How the Public Can Make Their Representatives Represent Them
+
+    Why America Could Not Do Without Representatives
+
+    The New England Town Meeting
+
+
+
+
+
+VI. LAW
+
+
+     Necessity For Rules Of Human Conduct For Guidance And Restraint
+
+
+This morning I wish to talk with you about one of the most important
+subjects in the world, the law; and strange to say, most people know very
+little about it.
+
+Indeed I find that the average person feels that he does not need any
+knowledge of the law, that the law is for lawyers, judges, and courts.
+
+Now the truth is, that there is scarcely any activity in life in which the
+law does not play an important part. This is true from childhood to old
+age, in every calling and every occupation in life.(20) The law is not
+intended for any one class of people, but it applies to all classes of
+people, the rich and the poor, the wise and the ignorant. It also applies
+to all ages, to men, women, and children.
+
+_What is the law_, or what is a law?(21) There is nothing difficult about
+it. A law is merely a rule of human conduct, a rule of conduct for human
+beings which is enforced by the Nation, the State, or the city. There are
+other rules of human conduct enforced by the parents, teachers, or
+employers--those who have authority over others, those whose duty it is to
+direct the conduct of others.
+
+Every boy knows that in his home his parents have certain rules, not
+written or printed, but stated by his father or mother with relation to
+his conduct about the home, about his school, or about his play time or
+vacation, when he must go to bed, when he must arise, and with whom he may
+associate, that he must not go in swimming unless accompanied by his
+father, that he shall not go to the movies without the consent of his
+mother, that he must attend Sunday school regularly, that he must not eat
+with his knife, that he must be courteous to all persons, especially the
+aged, that he must not play ball in the street, and a large number of
+other rules and directions, all intended for the good of the boy.
+
+Then in school you find certain rules of conduct made by the Board of
+Education or other officers, or adopted by the teacher.
+
+If a boy works in a store, he finds that his employer has certain rules:
+the time when the store shall be opened and closed; that the boy shall
+sweep the floor at certain hours; that he may go to lunch at a certain
+time; that he shall not permit other boys to pass behind the counters,
+etc. All of these are illustrations of rules of conduct for children, or
+those under the control, authority, or direction of some older person.
+
+But older persons, the parents, the school officers, the teachers, the
+storekeepers, and those of all other occupations are likewise subject to
+rules, are under control and direction of the Nation, the State, and the
+city, all having power to enforce rules of conduct, called laws, which
+apply to the old and the young. Without such rules, such laws, it would be
+impossible to maintain peace and order. Without such rules, called laws,
+it would be impossible to protect the weak against the strong and the
+wicked.
+
+This government being organized for the purpose of protecting the rights
+and liberties of the people, it is necessary that laws be enacted in order
+that our rights and liberties shall not be taken away from us by those who
+may be stronger or wiser than we are. Many laws prohibit wrongful acts and
+provide a punishment for those who commit such wrongful acts. Thus one who
+strikes you without justification, one who steals your bicycle, or any
+other property, one who breaks into your home, or into the store, a
+burglar, is punished. One who kills another human being, a murderer, is
+punished. A person who willfully sets fire to a building, or is guilty of
+cruelty to animals, malicious mischief, or sells liquor is punished.(22)
+So there are scores of different offenses forbidden by the law, and
+punishments fixed for those who will not obey.
+
+There are also laws requiring that one shall ride or drive on the right
+hand side of the street when passing another coming from the opposite
+direction.
+
+There is generally in every city a law which punishes a person who rides
+his bicycle upon the sidewalk. There are laws regulating the speed of
+automobiles, the lights and signals, and the turning at the corners of the
+street, so that other people either walking, or riding on bicycles, or in
+automobiles or other vehicles, may not receive injury.(23)
+
+You know in this country, where every person is equal before the law, no
+one person has any more right in the street than his neighbor has, and the
+conduct of each in the use of streets and sidewalks and other public
+places must be such that all may enjoy equal opportunities in the use
+thereof.(24)
+
+Freedom, as already explained, does not mean a right to do everything we
+wish to do. Freedom is the right to do whatever we may wish to do,
+provided it does not interfere with the right of our neighbors to have the
+same privileges which we claim for ourselves.
+
+Therefore, it is absolutely necessary to have laws fixing the conduct of
+all persons; and it is necessary, in order to enforce these laws, to
+punish those who will not obey them.
+
+_Who makes these laws?_ In America the laws are made by the people
+themselves; that is, they elect representatives to serve in Congress, in
+the legislatures of the States, and in the councils of the city, who make
+the laws for the people according to the wishes of the people. This you
+will understand more fully as you study this representative form of
+government we have in this country.
+
+The people have the right to change any law now in existence, and may also
+make such new laws as they think will better protect the people in their
+rights.(25)
+
+_Who enforces these laws_, these rules of conduct? The rules of the home
+are enforced by the parents. If you violate the rules of your parents,
+they impose a punishment upon you. This punishment may not be severe, in
+fact it should not be, unless your disobedience is continued and stubborn.
+
+If you violate the rules of school, the teacher or other school officers
+have the right to punish; and if you violate the rules of your employer,
+he has the right to admonish you, and of course if you do not obey, he
+will discharge you and you will lose your place.
+
+Now the rules of conduct, the laws of the Nation, the State, or the city
+are enforced in this country by the people, through their government,
+through the courts, presided over by judges whom the people themselves
+select for that purpose. Sometimes the punishment is severe, sometimes
+mild. It all depends upon the character of the person who disobeys the
+law, and whether the disobedience is stubborn or willful. Penalties are
+imposed, not only to punish the wrongdoer, but as a warning to others,
+that if they disobey the law, they too will be punished.
+
+In this country all laws imposing punishment for offenses are printed so
+that every one may know what the law is; but it is not necessary that one
+should study each separate law, because as a rule, your conscience will be
+your guide against wrong doing. There are not many acts punished by the
+State or Nation which are not morally wrong. The person whose heart is
+right knows good from evil; and the person who really tries to do right
+will seldom be guilty of violating any law.
+
+I do not expect you to learn all about the different laws. This is not
+necessary. But I do expect you to understand enough about the law to
+realize that we are all subject to authority; that laws are enacted by the
+authority of the people; that laws are absolutely necessary, and that
+without laws we should have no liberty. Above all, I want you to learn
+that in this country the people make the laws, and I want you to feel
+absolute confidence in the power of the people to make and enforce laws.
+
+I hope that you will acquire a spirit of confidence and faith in the
+justice of the law, and learn that submission to the law is absolutely
+essential in a government of the people and by the people.(26)
+
+But there are many laws, many rules of conduct, besides those defining
+crimes, offenses, and the punishment of wrongdoers.
+
+I want to talk to you briefly about some of the laws which affect our
+conduct in every day life, in matters not criminal. I want to impress upon
+you how far reaching the law is as affecting every human being in his
+daily conduct.(27)
+
+Suppose one of the girls here goes to the store to buy a piece of cloth.
+How does she tell the merchant how much cloth she wants? She, without
+doubt, will say that she wants one yard, or two yards, or three yards,
+according to her needs. Now how much is a yard? Of course you all know
+that a yard is three feet. I suppose you all know that a yard is the same
+length in every city in the United States. We go into the store and ask
+for a yard of cloth in any city in the country, with absolute confidence
+that we will get for each yard, three feet in length. But how do we know
+we will get three feet in length for each yard? How do we know what we
+will get when we ask for a pound of coffee, or for a ton of coal, or for a
+quart of milk?
+
+These weights and measures are nearly all fixed by law. When you come to
+read the Constitution of the United States, you will find that there is
+conferred upon the United States government the power to "_fix the
+standard of Weights and Measures_".(28)
+
+The Constitution is the fundamental law of the land. This confers upon the
+United States government the right to fix all standards of measurements
+and all weights and measures of every kind. The United States government
+has this power. It is not required to exercise the power, but it has the
+power.
+
+The United States government has a National Bureau of Standards,(29) which
+supervises weights and measurements, which co�perates with the States, and
+maintains uniformity, so that in every State, with reference to most
+things bought and sold, the law fixes definitely the quantity or
+dimensions. Without such laws you can see what a mass of confusion the
+people would be in at all times.
+
+Severe penalties are imposed by law upon those who give short measure, or
+short weight,(30) in order to protect buyers against those who might
+defraud them.
+
+So you see how necessary law is to the simple transactions of life, and
+how we are constantly relying upon the law in our daily transactions, to
+protect us against wrongdoers.
+
+Then again, how do you know how much the silver dollar which you are
+saving for Christmas is really worth? How do you know that one dollar is
+as valuable as another dollar? How do you know that the paper dollar which
+is in circulation is as valuable as the silver dollar? Well, here again
+when you read the Constitution of the United States, you will find that
+the people, when they adopted the Constitution, gave to the Congress of
+the United States the power:
+
+"_To coin Money, regulate the Value thereof, and of foreign Coin_".(31)
+
+Congress, with this power, has enacted numerous laws with reference to the
+coinage of silver and gold money, the printing of paper money, and fixing
+the value of such money. How helpless the people would be without such
+laws.
+
+Then how do you know that the dollar you received in change at the grocery
+store is a real dollar? There are many counterfeit dollars made by
+wrongdoers, by criminals who seek to profit by manufacturing money
+themselves, sometimes so much like the genuine, that it is almost
+impossible to detect the difference. There are counterfeit bills, and
+counterfeit coin, which I dare say could not be distinguished from the
+genuine by any person in this room. But there are laws enacted by Congress
+providing very severe punishment for any person who makes, passes, or
+attempts to pass, any counterfeit coin. For instance, if one shall make,
+or pass, or attempt to pass counterfeit gold or silver coin, he may be
+punished by five years imprisonment in the penitentiary.(32) Even for
+making, or passing, or attempting to pass a one cent, two cent, three
+cent, or five cent piece, a person may be imprisoned for five years. Any
+one who makes a die or mold designed for the coining, or making of
+counterfeit coins may be punished by imprisonment in the penitentiary for
+ten years.
+
+These are severe penalties. Liberty is dear, and yet you can see how
+absolutely necessary it is to have these severe penalties in order to
+protect you, your father and mother, and all other persons from being
+defrauded and wronged by the use of counterfeit money which is worthless,
+but which most people cannot distinguish from the genuine.
+
+I suppose you watched for the letter carrier this morning. Perhaps you
+were expecting a letter from a friend or relative. The letter carrier came
+to your door. You did not have to walk to the post office. Perhaps your
+friend lives one thousand miles away. How is it possible for you to
+receive a letter in perhaps a couple of days from that far distant point?
+Did you ever stop to think about it? Of course you say, "Well it came
+through the post office". Yes, but the postoffice is only a part of the
+great postal system of this country, which carries your letters from one
+end of the land to another for the small amount of two cents; and we have
+wonderful confidence in this postal service. We carelessly drop into the
+mail box most important letters, often most sacred, but we have no doubt
+that the letter will reach its destination safely.(33)
+
+How is it all possible? Well, again, in reading the Constitution you will
+find that the people gave to Congress the power:
+
+"_To establish Post Offices and Post roads._"(34)
+
+This power has been exercised by the enactment of many laws by Congress
+providing for post offices, letter carriers, postal clerks, railway mail
+service, rural routes, and many laws severely punishing any one in the
+postal service who willfully fails to perform his duties.
+
+Persons engaged in the postal service may be sent to the penitentiary for
+stealing money from the mails, stealing a letter from the mails, for any
+act of dishonesty, or failure of prescribed duty. How could the great
+postal service of this country be maintained without such laws? How would
+the people have the blessing of a great service of this kind without the
+most carefully prepared laws made to protect the people?
+
+So I might go on giving numerous other illustrations of the laws enacted
+by the people through their representatives, for the benefit of the people
+themselves, for their comfort, their convenience, and their protection
+against wrongdoers, who might deprive them of their property, or of things
+still more sacred than property.
+
+I have only used these illustrations to impress upon you the great truth
+that there is hardly any relation in life in which the law does not have
+an important part. We should realize early in life that law is absolutely
+necessary to guide human conduct, to restrain wrongful conduct, to punish
+wrong doing, and thus to aid in protecting us in our right to life,
+liberty, and property.
+
+These laws are not the judges' laws, nor the lawyers' laws; they are the
+laws of the people, made for their benefit, worthy of our most earnest
+support, calling upon us for loyal obedience, demanding our respect, and
+inspiring our confidence.
+
+ELEMENTARY QUESTIONS.
+
+1. What is a law?
+
+2. By whom is a law enforced?
+
+3. Name an activity in life that the law has nothing to do with.
+
+4. Make a list of some of the laws that your father and mother make in
+your home.
+
+5. Make a list of some of the rules of conduct found in school.
+
+6. Go to a store in your town. Are there rules of conduct for the clerks?
+What are they?
+
+7. Who makes the rules in a home? In a school? In business institutions?
+
+8. Upon which side of the street must a person drive? Why?
+
+9. Who fixes the rules of measurement and weight?
+
+10. Suppose that you buy a ton of coal and find later on that you only
+received 1500 pounds. Could you do anything about it? Why should the coal
+dealer be punished?
+
+11. What would it be like if we had no laws at all?
+
+ADVANCED QUESTIONS
+
+A. In imposing punishment upon a wrongdoer, what elements does the judge
+consider in fixing the amount of fine or the length of punishment?
+
+B. Why do we have our laws printed? What would be the dangers of having
+secret laws concerning the nature and existence of which the people could
+not obtain information?
+
+C. What is the distinction between a rule of conduct in the home and a law
+of the land?
+
+D. List a number of laws and penalties in addition to those cited by the
+judge.
+
+E. Why cannot one have liberty without law?
+
+F. Why are people punished when they break the law?
+
+G. Is it ever right to break the law?
+
+H. Write a paper on the following:
+
+
+    Why Breaking the Postal Laws Deserves Severe Punishment
+
+    Liberty Under the Law
+
+    The Danger of Counterfeit Money
+
+    Laws that Should Be Passed
+
+    How to Have a Law Passed
+
+
+
+
+
+VII. THE CONSTITUTION
+
+
+   Personal Guaranties Grouped Under The Title "The Short Constitution"
+
+
+We now take up the subject of the Constitution of the United States. It is
+important because it is the foundation of the rights and liberties of all
+Americans. It relates to the rights and liberties of everyone in this
+room. It is our great charter.
+
+Gladstone, the great English statesman, once said, "It is the greatest
+work ever struck off at any one time by the mind and purpose of man."(35)
+It is quite a long document. I want every one of us to read it carefully
+and study it thoroughly.
+
+The larger part of the Constitution consists of provisions telling of the
+qualifications and manner of election of the President, Senators, and
+congressmen, the powers and duties of the various parts of our government,
+procedure of government, and the relations of the Nation and the States.
+These are important.
+
+But more important still are the ways in which the Constitution guarantees
+the rights, liberties, and privileges of all men, women, and children who
+live under the American flag. These guaranties are numerous, but they are
+briefly stated. Any of us can understand them if we but read them
+carefully and catch their meaning. It ought not to be difficult to cause a
+person to study the things which relate to himself, to the most important
+things in his own life. Liberty we prize most dearly. Everyone of these
+guaranties in the Constitution is intended to guard and protect the
+freedom and liberty which you and I enjoy.(36)
+
+To make our task more simple, I have selected from the Constitution those
+sections which deal with our privileges as American citizens. You can see
+them in the copy of the Constitution which you have. (See page 217.) I
+have grouped these together and for convenience I shall call it "The Short
+Constitution". As you can see, there is nothing in it that is not in the
+original Constitution. It is just as if I had taken a pair of shears, cut
+out these phrases from the Constitution, and pasted them together. It
+makes it more convenient for us.
+
+Take this "Short Constitution" home with you. Bring it with you when you
+come to school. Talk with your father and mother about it. It may be that
+sometime a knowledge of these rights that every American citizen now has
+may save to you your home, your freedom, or your life.
+
+Now I am going to read this:
+
+THE SHORT CONSTITUTION
+
+
+    Article I (_Amendment I._)
+
+    Congress shall make no law respecting an establishment of
+    religion, or prohibiting the free exercise thereof; or abridging
+    the freedom of speech, or of the press; or the right of the people
+    peaceably to assemble, and to petition the Government for a
+    redress of grievances.(37)
+
+    Article II (_Amendment II._)
+
+    A well regulated Militia, being necessary to the security of a
+    free State, the right of the people to keep and bear Arms, shall
+    not be infringed.
+
+    Article III (_Amendment III._)
+
+    No Soldier shall, in time of peace, be quartered in any house,
+    without the consent of the Owner, nor in time of war, but in a
+    manner to be prescribed by law.
+
+    Article IV (_Amendment IV._)
+
+    The right of the people to be secure in their persons, houses,
+    papers, and effects, against unreasonable searches and seizures,
+    shall not be violated, and no Warrants shall issue, but upon
+    probable cause, supported by Oath or affirmation, and particularly
+    describing the place to be searched, and the persons or things to
+    be seized.
+
+    Article V (_Amendment V._)
+
+    No person shall be held to answer for a capital, or otherwise
+    infamous crime, unless on a presentment or indictment of a Grand
+    Jury, except in cases arising in the land or naval forces, or in
+    the Militia, when in actual service in time of War or public
+    danger; nor shall any person be subject for the same offence to be
+    twice put in jeopardy of life or limb; nor shall be compelled in
+    any criminal case to be a witness against himself, nor be deprived
+    of life, liberty, or property, without due process of law; nor
+    shall private property be taken for public use, without just
+    compensation.
+
+    Article VI (_Amendment VI._)
+
+    In all criminal prosecutions, the accused shall enjoy the right to
+    a speedy and public trial, by an impartial jury of the State and
+    district wherein the crime shall have been committed, which
+    district shall have been previously ascertained by law, and to be
+    informed of the nature and cause of the accusation; to be
+    confronted with the witnesses against him; to have compulsory
+    process for obtaining witnesses in his favor, and to have the
+    Assistance of Counsel for his defence.
+
+    Article VII (_Amendment VII._)
+
+    In suits at common law, where the value in controversy shall
+    exceed twenty dollars, the right of trial by jury shall be
+    preserved, and no fact tried by a jury shall be otherwise
+    re-examined in any Court of the United States, than according to
+    the rules of the common law.
+
+    Article VIII (_Amendment VIII._)
+
+    Excessive bail shall not be required, nor excessive fines imposed,
+    nor cruel and unusual punishments inflicted.
+
+    Article IX (_Amendment IX._)
+
+    The enumeration in the Constitution, of certain rights, shall not
+    be construed to deny or disparage others retained by the people.
+
+    Article X (_Amendment X._)
+
+    The powers not delegated to the United States by the Constitution,
+    nor prohibited by it to the States, are reserved to the States
+    respectively, or to the people.(38)
+
+    Article XI (_Amendment XIII, Sec. 1._)
+
+    Neither slavery nor involuntary servitude, except as a punishment
+    for crime whereof the party shall have been duly convicted, shall
+    exist within the United States, or any place subject to their
+    jurisdiction.
+
+    Article XII (_Amendment XIV, Sec. 1._)
+
+    All persons born or naturalized in the United States, and subject
+    to the jurisdiction thereof, are citizens of the United States and
+    of the State wherein they reside. No State shall make or enforce
+    any law which shall abridge the privileges or immunities of
+    citizens of the United States; nor shall any State deprive any
+    person of life, liberty, or property, without due process of law;
+    nor deny to any person within its jurisdiction the equal
+    protection of the laws.
+
+    Article XIII (_Amendment XV, Sec. 1._)
+
+    The right of citizens of the United States to vote shall not be
+    denied or abridged by the United States, or by any State on
+    account of race, color, or previous condition of servitude.
+
+    Article XIV (_Art. I, Sec. 9, Cl. 2._)
+
+    The Privilege of the Writ of Habeas Corpus shall not be suspended,
+    unless when in Cases of Rebellion or Invasion, the public Safety
+    may require it.
+
+    Article XV (_Art. I, Sec. 9, Cl. 3._)
+
+    No Bill of Attainder or ex post facto law shall be passed.
+
+    Article XVI (_Art. I, Sec. 9, Cl. 8._)
+
+    No Title of Nobility shall be granted by the United States: And no
+    Person holding any Office of Profit or Trust under them, shall,
+    without the Consent of the Congress, accept of any present,
+    Emolument, Office or Title of any kind whatever, from any King,
+    Prince, or foreign State.
+
+    Article XVII (_Art. III, Sec. 2, Cl. 3._)
+
+    The trial of all Crimes except in Cases of Impeachment, shall be
+    by Jury, and such Trial shall be held in the State where the said
+    Crimes shall have been committed; but when not committed within
+    any State, the Trial shall be at such Place or Places as the
+    Congress may by Law have directed.
+
+    Article XVIII (_Art. III, Sec. 3, Cl. 1._)
+
+    Treason against the United States, shall consist only in levying
+    War against them, or in adhering to their Enemies, giving them Aid
+    and Comfort. No person shall be convicted of Treason unless on the
+    Testimony of two witnesses to the same overt Act or on Confession
+    in open Court.
+
+    The Congress shall have power to declare the Punishment of
+    Treason, but no Attainder of Treason shall work Corruption of
+    Blood, or Forfeiture except during the Life of the Person
+    attainted.
+
+    Article XIX (_Art. IV, Sec. 2, Cl. 1._)
+
+    The Citizens of each State shall be entitled to all Privileges and
+    Immunities of Citizens in the several States.
+
+    Article XX (_Art. VI, Cl. 3._)
+
+    No religious Test shall ever be required as a Qualification to any
+    Office or public Trust under the United States.
+
+
+Now that is not long, is it? Yet in this brief part of the Constitution
+are contained provisions the most important for the common people ever
+written by the hand of man in all the history of the world. In some
+countries of the world people have some of the rights and privileges
+guaranteed by our Constitution, but in no other country in the world do
+the people have a written guaranty of all the rights, privileges, and
+liberties set forth in these short extracts from the Constitution of the
+United States.
+
+I want you all to get fixed in your minds the date of the adoption of the
+original Constitution by the convention--1787.(39) That was more than a
+century and a quarter ago.
+
+I want every child to understand just why the Constitution was made, how
+it was made, something of the men that made it, and how the people of the
+States approved of the Constitution before it became binding.
+
+I also want you to understand something of the changes and additions made
+by the people since the Constitution was first adopted. I want you to
+understand that it is the Constitution of the people, the whole people,
+and I want you to know that the people can change the Constitution or make
+additions to it whenever they want to.(40)
+
+So at our next meeting I am going to tell you something of the making of
+the Constitution.
+
+ELEMENTARY QUESTIONS
+
+1. Compare "The Short Constitution" on pages 56-60 with the complete
+Constitution found at the back of the book.
+
+2. Why were these parts selected from the entire Constitution? Is there
+any similarity in the various parts selected?
+
+3. What are the most important provisions of the Constitution of the
+United States?
+
+4. Do the guaranties of the Constitution protect the rights of all people
+living in America, or do they apply only to a few favored classes?
+
+5. What was the date of the adoption of the original Constitution?
+
+ADVANCED QUESTIONS
+
+A. Why are we interested in our rights?
+
+B. What are the dangers of talking too much about our rights?
+
+C. Make a list of a duty to correspond with each right selected.
+
+D. Write a paper on the following:
+
+
+    The Officials Provided by the Constitution
+
+    The American Bill of Rights
+
+
+
+
+
+VIII. MAKING THE CONSTITUTION
+
+
+ How The Convention Of 1787 Drafted The Constitution Of The United States
+
+
+You will remember from your study of American history that when the early
+colonists came to this country they settled along the Atlantic coast in
+many separate and distinct groups. Not all had come from the same country.
+Most of them were English, but there were also smaller settlements of
+Dutch, French, Germans, and Swedes. It was not many years until the
+English had taken control of all the land from Maine to Georgia, but even
+then not all the English were alike. There were Puritans and Cavaliers,
+Scotch and Irish, Scotch-Irish and Quakers. They differed in their ideas
+of government, religion, and education.
+
+These colonists had come for many purposes. Some had come to make their
+fortune. Others because of trouble at home. Most had come to be free, to
+worship God in the way they chose, to form their own government, to make
+their own laws, to govern themselves; and in the early days, they had met
+with success.
+
+But as time went on, as more people came, as ships were built, and trade
+and commerce increased, the government of England became more and more
+tyrannical. The English people may not have favored this, but they did not
+direct the acts of their king and his officers. Taxes were placed on the
+colonists without their consent. They were forced to accept laws not of
+their own choosing. The king refused them the right to select their own
+judges. They could not trade where they pleased. If you will read the
+Declaration of Independence you will see how their liberties were
+restricted.(41)
+
+All this time the various colonies were as separate as so many distinct
+countries. They did not know each other. There was little travel from one
+to another. They were quite different. But they were alike in the fact
+that each wanted liberty, and that each was subject to oppression from the
+English king.
+
+So from time to time we find them sending delegates to some common meeting
+place to discuss a plan of action. In 1754 a group met at Albany to
+suggest a plan of union. In 1765 England passed the Stamp Act which put a
+tax upon certain articles such as books, newspapers, and playing cards. A
+person could not sell one of these articles without pasting upon it one of
+these stamps, the money from which went to England as a tax. It was much
+like our war tax upon tooth paste, shaving soap, and playing cards. The
+difference was this. The colonists had never given the right to make this
+tax. It had been imposed upon them by England; and further, if a person
+were accused of selling a book or newspaper without this stamp, he could
+be severely punished.(42) This enraged the colonists, and in New York in
+the following year, there met a group of delegates from nearly all the
+colonies to discuss ways and means of meeting this.
+
+Again in 1774, conditions having become worse, delegates from twelve
+colonies met at Philadelphia at the First Continental Congress to consider
+the grievances against Great Britain. The Second Continental Congress
+following it carried on the first years of the Revolutionary War. It
+drafted and adopted the Declaration of Independence. It raised and
+provided for the armies, and brought the States together.
+
+But it needed a kind of constitution. So in 1777 the Articles of
+Confederation were drawn up and adopted by Congress and by 1781 all the
+States had finally adopted them. But they were inadequate. Each of the
+thirteen States wanted all the power in its own hands.(43)
+
+You cannot blame them. Picture to yourself these little settlements down
+on the Atlantic Coast. All together they did not have as many people as
+there are in the State of New Jersey to-day. They and their fathers had
+left their homes and traveled thousands of miles over stormy seas to find
+liberty. They themselves had fought a long war against England to make
+themselves free. They did not wish to give up these powers.(44)
+
+But the wiser people in the different States saw that to form a more
+perfect union it was necessary to grant the central government more
+powers, and to fix forever certain rights which every American citizen
+should enjoy throughout the years to come. So the people selected men as
+their representatives and authorized them to meet with the representatives
+from other States at Philadelphia in 1787 to draw up a plan of government
+which would be strong enough to hold the country together and govern it
+effectively.
+
+Now who were these men? They were men who were selected by their neighbors
+to represent them, just as men are elected to-day to represent us in the
+legislature of our State or in Congress. To be sure, in those days not all
+men were allowed the right to vote. In some States a man had to have a
+certain amount of money before he could vote. In others men of certain
+religious faiths were not allowed to vote. But the delegates to the
+Constitutional Convention were men who were fairly representative of all
+the people. When we consider the work that they did, that they wrote our
+Constitution, that they were able to do this at the time they did, we must
+feel that a wise Providence guided their selection and inspired them in
+their wonderful work.
+
+There in Independence Hall in Philadelphia were Benjamin Franklin and
+George Washington, James Madison and Edmund Randolph, Alexander Hamilton
+and Gouverneur Morris. Almost all the prominent men of the time took
+part.(45)
+
+They took the best that they knew of the experience of the human race in
+government, especially the experience of England and America, and from
+this they drew up the Constitution of the United States, the foundation of
+the government under which we live.(46)
+
+When they had finished their work--that part of the Constitution which
+precedes the amendments--they submitted it to the States. They were very
+careful to see to it that the people themselves should approve of this. So
+instead of having the usual legislature of each State vote upon it, they
+provided that the people of each State should elect delegates for a
+special convention, the sole purpose of which was to decide whether or not
+they would like to live under a government like this.(47) These
+conventions, elected by the people for this special purpose, met and one
+after another, often after a bitter struggle, ratified the Constitution.
+The chief objection was that the rights of all Americans were not clearly
+stated.
+
+So at the first meeting of Congress, the first ten amendments--our American
+Bill of Rights--were adopted and in 1791 they were ratified by the States.
+Since then the Constitution has been rarely amended. In 1798 and in 1804
+the eleventh and twelfth amendments regarding the courts and the election
+of the President were adopted. After the Civil War three amendments were
+adopted regarding the problem of the negro citizen. Since then we have
+added changes regarding the income tax, the election of United States
+Senators, and prohibition. The last amendment, dealing with the extension
+of the vote to women, was ratified by Tennessee as the thirty-sixth State
+on August 18, 1920.
+
+To-day then, our government is founded upon the Constitution made shortly
+after the Revolutionary War. It represents the aims and ambitions of the
+fathers of our country. They came to this land to be free. They suffered
+persecution. They threw off the yoke of the oppressor. They established a
+government of the people, by the people, for the people. The people
+selected the men who drew it up. They selected the men who amended it. Our
+task is to understand what it means, to obey it, and protect it.
+
+The lofty purpose of the fathers of the republic in establishing this, the
+first real government by the people, is expressed in these thrilling
+words:
+
+"_We the people of the United States, in Order to form a more perfect
+Union, establish Justice, insure domestic Tranquility, provide for the
+common defence, promote the general Welfare, and secure the Blessings of
+Liberty to ourselves and our Posterity, do ordain and establish this
+CONSTITUTION for the United States of America._"
+
+ELEMENTARY QUESTIONS
+
+1. Why did the early settlers come to America?
+
+2. From what countries did they come? Which countries were most important?
+
+3. Why did they become dissatisfied with English rule here?
+
+4. Why did they wish to unite? Name some of the earlier attempts at union.
+
+5. When was the Stamp Act passed? What was it supposed to do? Why did the
+colonists object?
+
+6. Why were the Articles of Confederation not satisfactory?
+
+7. What was the meeting in Philadelphia in 1787? How were the
+representatives at this meeting chosen? How did they try to see that the
+representatives at this meeting actually represented the people?
+
+8. How was the Constitution ratified by the people? In what way did they
+try to make it the actual will of the people?
+
+9. When was our Bill of Rights passed?
+
+10. What amendments have been added to the Constitution since 1791?
+
+ADVANCED QUESTIONS
+
+A. How did the makers of the Constitution guard against the abuses cited
+in the Declaration of Independence?
+
+B. How were the defects in the Articles of Confederation guarded against
+and remedied?
+
+C. What experience had the makers of the Constitution had which enabled
+them to prepare so successful a document?
+
+D. Would you say that Gladstone's statement, "It is the greatest work ever
+struck off at any one time by the mind and purpose of man" was literally
+true?
+
+E. How did the allusions to other countries made during the convention
+show the advantage of America's being a "melting pot"?
+
+F. What people were allowed to vote at the time of the adoption of the
+Constitution?
+
+G. What were the chief objections urged against ratification of the
+Constitution?
+
+H. Write a paper on the following:
+
+
+    Why the People Needed a Constitution
+
+    The Main Points Included
+
+    A Comparison of the Work Done Then and the Outline Made in Answers
+    to Questions J Chapter Two
+
+    George Washington
+
+    Benjamin Franklin
+
+    Alexander Hamilton
+
+    James Madison
+
+
+
+
+
+IX. FREEDOM
+
+
+  How Freedom Of Worship, Speech, The Press, And Assembly Are Guaranteed
+
+
+This morning we begin the consideration of what I believe to be the most
+important of all the subjects we have talked about. I think people are
+more interested in their privileges and rights than they are in their
+duties. In fact we hear a great deal and we read a great deal about
+"rights", but we do not find very much said on the streets, in the homes,
+or in the newspapers about our "duties".(48)
+
+Now we have considered in a very general way the nature of our government
+and something of our powers and duties under the Constitution. I know that
+you will be interested in considering our rights and privileges under the
+Constitution of the United States.
+
+Always keep in mind that each State has a Constitution, and that the
+Nation has a Constitution, that the Constitution of the United States
+covers the entire Nation, not only the original thirteen colonies, but the
+present forty-eight States, and that any States that may hereafter be
+brought in the Union will have as their fundamental law the Constitution
+adopted by the people in the long ago.(49)
+
+Also always keep in mind that the Nation has certain powers, and that the
+Constitution of the United States is supreme only as to the things over
+which the United States as a Nation has control.
+
+But it is important to bear in mind that the great principles of the
+Constitution of the United States have been carried into the Constitutions
+of the various States, and that the rights and privileges of the people
+under the Constitution of the United States have also to a large extent
+been guaranteed by the Constitutions of the States.(50)
+
+This morning we take up a constitutional guaranty which you perhaps have
+not thought much about, but which is one of the most important in the
+whole Constitution--_Freedom of Worship_. The Constitution provides:
+
+_"__Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof.__"_(51)
+
+As we look back through the history of the world we are startled to find
+that this was the first written guaranty that the people of any nation
+ever had permitting them to worship God according to the dictates of their
+own conscience.(52)
+
+Now some of you may not realize how important this is; but there is
+nothing so dear to the human heart as the right, the privilege, of
+belonging to that church and worshipping God in that manner which each
+individual may desire. We do not realize the value of such a privilege
+until some one, or some power, seeks to take it away from us. All through
+the world men and women and children have fought, and many of them have
+died, for this privilege. It was the custom of the nations of the world
+before our Constitution to have an established religion, a National
+religion, and in many of the countries it was the law that every one must
+belong to the state church, and must actually believe in the religion of
+the state. In fact, in many countries, refusal to believe in the religion
+of the state was punished by death--sometimes by burning to death, and I am
+sure you will be surprised to realize that while America was first settled
+by people who were seeking religious freedom, they were still so imbued
+with a feeling of the old days that persons must worship, not as their
+conscience might dictate, but as the state might dictate, that for many
+years in this country in certain of the colonies a state religion was
+recognized, and obligation to conform to the established religion enforced
+by severe penalties.
+
+In the colony of Virginia the established or state church existed, and it
+was the law that any person who did not conform thereto should be punished
+by burning to death. This is startling, isn't it, to hear of such a brutal
+law upon American soil? Virginia afterwards became the pioneer in
+legislation establishing freedom of worship, but it took the most
+strenuous efforts of Thomas Jefferson through many years to finally wipe
+out these cruel laws and establish freedom of worship.(53)
+
+The Virginia statute granting absolute freedom of worship was the first
+ever adopted in the history of the world by any state or nation, the first
+guaranty of the right. Freedom of worship had existed before this in
+Maryland under the generous rule of Lord Baltimore, but the first formal
+statute was adopted in Virginia.
+
+Now your teachers tell me that in this school the pupils belong to sixteen
+different churches. I suppose each one of you thinks that the church to
+which he belongs is better than any of the others. I hope you do. I hope
+that every child is sincere in his religious belief, whatever it may be.
+But how would you feel if some representative of the State should come
+here this morning, and announce that a law had been passed by which every
+pupil must belong to the Baptist, the Methodist, the Catholic, or the
+Jewish church? How would you feel if a law were to be read to you which
+provided that unless you changed your religious belief and adopted some
+other, you would be burned to death out here on the hillside? You can
+hardly believe that such a thing would be possible in any age of the
+world; and yet never forget that the foregoing provision which I have read
+from the Constitution of the United States was the first declaration of
+the right of the people of a whole Nation to worship God according to
+their own will, their own conscience.
+
+The declaration of this great right by the Constitution of the United
+States has been in full force ever since the adoption of the Constitution,
+not only as a National law, but similar provisions have been made the
+policy, usually by the Constitution, of every State in the Union. What a
+glorious thing it is to live in a Nation and in an age where no man, no
+state, and no power can tell you what to believe, or how to express your
+belief, what church you shall attend, or in what manner you shall express
+your religious faith.
+
+Not only this, but this constitutional guaranty protects every one in his
+right to belong to no church if he so elects. The soul is free. No power
+can compel one to belong to any church, nor in any manner to hold or
+exercise religious faith, or religious duty or obligation. _In other
+words, men are free_, and this freedom, aside from any other guaranty of
+the Constitution, should make us all feel affection and veneration for
+this great charter of human liberty.
+
+But freedom of worship is only one of the many rights and privileges
+guaranteed to the people--to all the people.
+
+Another great natural right--God given right--is firmly and finally
+established:
+
+"_Congress shall make no law ... abridging the freedom of speech or of the
+press._"(54)
+
+Here again remember, when you are thinking of what you owe to your
+country, that this declaration of the Constitution was the first in all
+the history of the world by which a Nation guaranteed to all the people
+the right freely to express their thoughts in words or in writing. This
+was the first time the chains were taken from the human intellect. No one
+will ever be able to number the men and women who, throughout the history
+of the world, were condemned to death, because they dared to express their
+sentiments. If Patrick Henry had delivered his famous speech in which he
+said, "Give me liberty, or give me death", in England rather than America,
+he would have been promptly punished. Hundreds of the colonists would have
+been hanged by the British government if they had expressed themselves in
+the mother country instead of in the new world. Kings to hold their power
+in the old world, to keep the people so terrorized that they would submit
+to their will, made the practice of hanging or beheading those who freely
+spoke their sentiments against the government.(55)
+
+Of course under the old laws those who expressed their religious
+convictions in opposition to the state church by speech or writing were
+usually promptly imprisoned, hanged, or burned.
+
+Now do not have any misunderstanding about this guaranty of freedom of
+speech and of the press. We often hear complaints of certain people about
+certain laws punishing those who abuse the privilege of free speech; but
+there is no law of State or Nation which prohibits the speaking or writing
+of anything in this country. Men may speak and write what they will; but
+there are some laws punishing those who abuse this great privilege to the
+injury of another person, or to the injury of the Nation. Of course no one
+would feel that it was right to allow another to write libelous articles
+about your neighbors. You would not feel that it would be right to permit
+some vile person to write false and vicious articles about your mother or
+your father; and yet any one may do so. They cannot be prohibited or
+enjoined from doing so, but they may be punished after doing so, after
+they have been tried in a court and found guilty of libel by a jury of
+their fellowmen.(56)
+
+So if one writes a threatening letter to your father, telling him that he
+will kidnap his child unless he pays ten thousand dollars by a certain
+time, such person is exercising his constitutional right to freedom of
+expression, but no one would think that it was right to permit him thus to
+abuse his constitutional right without being punished for it; and
+consequently such person may be arrested and tried, and if found guilty,
+punished.
+
+So in these later days it has been found wise, not to prohibit persons
+from giving expression to their views about our government, but to punish
+those who show by their words or writing that they are rebels against our
+government, endeavoring by their words to cause a revolution, to incite
+people to use force, bombs, or the torch to destroy our government.
+
+No one can ever be punished for criticising our government, or any of the
+officers of our government, so long as he does not undertake to destroy
+our government, and I am sure that you would not think it right to permit
+any one to destroy the government controlled by ourselves which has
+brought to us so many blessings. Nearly every one agrees that if a person
+should use bombs or the torch in an effort to cause revolution and destroy
+our form of government, such a person should be punished; but there are a
+few who think that they should not be punished until they actually begin
+destruction. Of course we cannot agree with them. The man who goes out on
+the street corner and advocates the use of the bomb and the torch to
+destroy our government, who arouses passions willfully with the purpose of
+destroying the government, is doing just as much wrong as is done by the
+person who follows his advice and uses the bomb and the torch. In fact the
+man who advocates revolution and destruction, who preaches the use of the
+bomb and the torch, who plants the poison in the hearts of his fellowmen,
+and incites them to revolutionary action is more guilty of wrong than are
+those who, stirred by his appeals, carry out his wishes.
+
+In punishing those who thus violate every principle of loyalty,
+patriotism, and right the constitutional provision is in no manner
+modified. The worst revolutionist has the freedom of speech and of the
+press guaranteed to him. The law which punishes him does so only because
+under the protection of the Constitution, he commits a crime against his
+country and against humanity.
+
+America has done more than any other nation in the world in the cause of
+educating the common people. It should exercise care that the people
+should be educated in the true spirit of America, that their minds should
+not be poisoned by the vicious teachings of those, not Americans at heart,
+who seek to poison souls and rob the people of their patriotism and of
+their loyalty.
+
+In the olden days so tyrannical was the king that in many instances when
+the people complained of their burdens and sought rights and privileges
+they were punished for daring to seek relief. The king would usually give
+them what he thought they ought to have and would not listen to
+complaints. One of the rights which the people always hoped for was the
+privilege of assembling, meeting together, talking over their troubles,
+drawing up a petition, signing, and presenting it, praying "a redress of
+grievance". When the representatives of the people met in the
+Constitutional Convention in Philadelphia they had before their minds the
+things that the people had suffered under old forms of government and it
+was their earnest effort to provide constitutional guaranties which would
+prevent the abuses to which the people were compelled to submit in the old
+world. Therefore one of the provisions of the Constitution of the United
+States is the following:
+
+"_Congress shall make no law ... abridging ... the right of the people
+peaceably to assemble, and to petition the Government for a redress of
+grievances._"(57)
+
+Under this constitutional guaranty the people have the right to assemble
+peaceably at any time or place, to talk over their troubles, and to draw
+up a petition to the government seeking relief from unjust burdens. Where
+they assemble peaceably there is no officer of the government and no court
+that can interfere with them; and when they petition the government they
+cannot be reprimanded or punished in any way. Of course under our
+representative government where the people themselves select those who
+make the laws, the necessity for assembling and drawing up petitions is
+not so great. Yet in Congress and in the legislatures of the various
+States nearly every day petitions come in from some body of people urging
+the adoption of a certain law or objecting to a certain proposed law. If
+you were in Congress or in the legislature you would probably see some
+member arise and say, "Mr. Speaker, I present the petition of the people
+of my district objecting to the passage of Bill No. 781, which I desire to
+have made part of the record", and the Speaker, who is the presiding
+officer, would respond in substance, "the request of the gentleman will be
+granted and the petition will be made part of the record".
+
+What I desire especially to impress upon you this morning is the value of
+this right and the failure of our people to take advantage of the
+privilege granted. This being a government by the people and the laws
+being made by their agents, these agents of the people, members of
+Congress and of the State legislatures, cannot carry out the will of the
+people unless they know what the people want. Ask your father when you go
+home whether or not he has ever written to the member of Congress from
+this district telling him about some law he would like to have passed or
+about some proposed law he would like to see defeated. The truth is that
+there are large numbers of people in this city who do not even know the
+name of their congressman, or representative in the legislature of the
+State. They do not pay any attention to such things, yet when the
+legislature or Congress passes a law they are always ready to criticise
+and condemn, despite the fact that before it was passed they did not take
+interest enough to give an expression of their views to those who were
+trying to follow the wishes of the people. From time to time the people
+should assemble in every community to talk over government matters, their
+matters, the things that come most close to them in life. You will find
+men and women meeting every month in their lodges and clubs, discussing
+all sorts of things, music, art, and literature, but we find hardly any
+organized meetings for the discussion of the big things in life, our
+liberties, our rights, and our duties as citizens of this free republic. I
+hope to see the time when there will be community centers and regular
+assemblies, not for amusement but for serious discussion, serious thought,
+and earnest co�peration in the affairs of the city, State, and Nation.
+There is so much complaint in these days that it would be of great value
+at these assemblies to allow every person who has a grievance against the
+government or any branch of the government to present it for discussion.
+The rights and duties of each individual in government are of importance
+to every other person, and there should be frankness, honesty, and
+earnestness in every discussion of grievance and remedies, so that public
+sentiment may be developed. Government in a democracy is government by the
+sentiment of the people; and the sentiment of the people can only be
+created and manifested by talking over the things in which all people are
+interested--the problems of life, liberty, and happiness.
+
+ELEMENTARY QUESTIONS
+
+1. Which colonists came to America to avoid religious persecution?
+
+2. Why do people fight and die for their religious beliefs?
+
+3. In what ways were people persecuted for their religious beliefs?
+
+4. Where was the first statute granting absolute freedom of worship
+passed?
+
+5. Why is it a good thing to have freedom of speech?
+
+6. Name some famous Americans who have been outspoken in saying what they
+thought.
+
+7. Can you publish in the paper a statement that Mr. X is a burglar? If
+so, can you be punished if your statement is not true? If so, how can you
+have freedom of speech?
+
+8. Is the Constitution of the United States in force in all the States of
+the Union?
+
+9. Are there other constitutions which the people of different States must
+observe?
+
+10. Why did the people want the right to assemble?
+
+11. Do you know of any countries where they do not allow it?
+
+12. Do you know of anyone who ever sent a petition to a State legislature?
+To Congress? What was it like?
+
+13. How many assemblies of people and petitions help to make our
+representatives do what we want them to do?
+
+ADVANCED QUESTIONS
+
+A. Name the places in the world, where to-day there is religious
+persecution.
+
+B. Describe the conditions in Armenia.
+
+C. What are the real advantages of religions liberty?
+
+D. Just how would it affect a person if freedom of speech were not
+allowed?
+
+E. How may the right to freedom of speech be abused?
+
+F. During the recent war, men were punished for what they said under what
+is known as the Espionage Act. How can this be reconciled with freedom of
+speech?
+
+G. Discuss the method of organizing a community meeting.
+
+H. Discuss the method of preparing a petition.
+
+I. Suppose the opinion of the meeting should be divided, what should be
+the procedure?
+
+J. Plan a method to make the people talk more about government.
+
+K. What are the dangers of a lack of interest in the affairs of
+government?
+
+L. How will a congressman represent the wishes of the people if he
+receives no petitions?
+
+M. Write a paper on the following:
+
+
+    The Story of the Pilgrims
+
+    Roger Williams and the Providence Colony
+
+    Lord Baltimore
+
+    Thomas Jefferson and Religious Liberty
+
+    Censorship of the Press and Freedom of Speech
+
+    What to do with an Anarchist Meeting
+
+    Socialist Papers
+
+    The Importance of the Right of Petition
+
+    Keeping In Touch with our Representatives
+
+    Some Petitions I have Seen
+
+    Things for Which We Should Petition the Legislature
+
+
+
+
+
+X. MILITARY PROVISIONS
+
+
+  Rights Of Citizens To Bear Arms--Restrictions On Quartering Soldiers In
+                                  Homes
+
+
+Again we find the framers of the Constitution looking back into the past
+at abuses imposed upon the people by kingly power. They inserted in the
+Constitution the following provision:
+
+"_A well regulated Militia, being necessary to the security of a free
+State, the right of the people to keep and bear Arms, shall not be
+infringed._"(58)
+
+They were making a government of free States. They did not wish to see the
+National government become the master of the States nor the master of the
+people. They believed that the government should be the servant and not
+the master. They wanted to have the power in the hands of the people of
+the States to protect their rights if they ever should be invaded by
+force; and therefore they furnished to the people of all the States the
+guaranty that the States should have the right to have militia, that is,
+soldiers organized to maintain order and to defend the State, if
+necessary, against abuse of power; and they guaranteed to the people the
+right to bear arms lawfully.
+
+If you read the history of the old world you will find many instances of
+soldiers entering the homes of the people to search for fire arms or other
+weapons, taking them away, possibly punishing those who had them. The
+people are guarded by our Constitution against any such conduct on the
+part of soldiers or representatives of the National government. Of course
+this right, like the right of free speech, may be abused and when abused
+punishment may be imposed. For instance, it is dangerous to the good order
+of a community that persons should carry concealed weapons and therefore
+in every State there is some law concerning this. If a man should walk
+down the street here with a loaded revolver in his pocket he could be
+arrested and imprisoned, or fined, but in this State a man could walk down
+the street with a shot gun in his hands or any other weapon where it is
+exposed so people could see it. A law against carrying concealed weapons
+imposes no burden upon any law-abiding citizen. There are regulations, of
+course, permitting certain persons to carry weapons concealed, police
+officers, a sheriff, and other peace officers; and there is a law under
+which any person of good moral character may make application for
+authority to carry concealed weapons which will be granted under certain
+restrictions. Some States require a bond to be filed guaranteeing good
+conduct. Persons who have to carry large sums of money, express messengers
+upon the trains, post office employees who carry registered mail, and
+other persons may be granted the privilege of carrying concealed weapons.
+The laws regarding carrying concealed weapons differ from State to State,
+the punishment in some being a term in the penitentiary.
+
+But in all this we find only regulation and careful provision to help
+maintain order and peace; and with it all we find the absolute right given
+by the Constitution to the people to maintain their State militia and to
+keep and bear arms within reasonable regulations which may be provided by
+the different States.
+
+Then we find a strict guaranty of the Constitution against an abuse which
+was common in the old world. You know before America came into being the
+strength of a government was the power of a government. The people were
+ruled by force; they were kept in constant fear. When this Nation was
+organized it was the hope of the founders that we could have laws so just
+that people would have love for their country and respect for its laws, so
+that we would not have to inspire fear in the hearts of the people in
+order to make them obey. Laws should be obeyed not because of fear, but
+because of respect, because of a sense of duty. Laws should be obeyed
+because we know that laws are necessary to protect our own liberties. We
+know that without law, liberty is impossible.
+
+So that when the Constitution was framed, reflecting upon the abuses of
+the old world, the makers of the Constitution inserted this guaranty:
+
+"_No Soldier shall, in time of peace, be quartered in any house, without
+the consent of the Owner, nor in time of war, but in a manner to be
+prescribed by law._"(59)
+
+In the olden days the military power was supreme. The soldier was part of
+the military power. The ordinary citizen was compelled to submit to many
+of the wishes of the soldiers in times of peace as well as in times of
+war. In reading the history of the world you will find that soldiers
+exercised the right to enter the homes of the people and demand food and
+shelter. Of course the people, being in fear of the military power, would
+not think of refusing anything demanded; but the people of America, under
+our Constitution, are supreme. The soldier is subject to the people, not
+the people subject to the soldier. While we must respect those who are the
+defenders of our country, we must also respect our own rights and
+privileges. And every soldier, general or private, must also respect our
+rights and privileges. No soldier can enter any home, no matter how
+humble, without the consent of the owner, except in times of war. Even in
+times of war he cannot enter except under circumstances and conditions
+prescribed by law. The law being made by the people, they will be
+protected against abuse. Of course in times of war every one should be
+glad to give freely of what he has for the soldiers of his country, but in
+times of peace in this country the soldier, under our Constitution,
+understands that the home is sacred and that he has no right there unless
+the owner invites him to enter.
+
+I wonder if the people realize what these guaranties mean to them. I
+wonder if they understand how earnestly and how carefully those who framed
+the Constitution endeavored to protect the sacred rights of every man,
+woman, and child in this country.
+
+ELEMENTARY QUESTIONS
+
+1. Why did the Germans refuse to allow the Belgians to keep and bear arms?
+
+2. Why is this right important to us?
+
+3. Ask some soldier who fought in France to tell you about how soldiers
+quartered in the village. Would you like to see this in America? Why not?
+
+4. What rights has a soldier in time of peace to demand admittance to a
+house, or to demand food?
+
+5. In time of war under what conditions may a soldier be quartered in any
+house?
+
+6. Where is the whole power of government in America? Where is it in a
+kingdom or monarchy?
+
+7. Do you know the name of your congressman?
+
+8. When should a person be allowed to carry weapons?
+
+ADVANCED QUESTIONS
+
+A. What is the importance of the right of keeping and bearing arms?
+
+B. What is the status of the National Guard in your locality? What are its
+duties? What is its purpose?
+
+C. What is the fundamental objection to the quartering of soldiers on a
+population in time of peace?
+
+D. Write a paper on the following:
+
+
+    The Right to Bear Arms
+
+    The Evils of Quartering of Soldiers
+
+    The Purpose of the National Guard
+
+    How the Soldiers Were Quartered in France
+
+
+
+
+
+XI. SEARCH WARRANT AND INDICTMENT
+
+
+    The Home Protected Against Unlawful Search And Seizure--Grand Jury
+                           Indictment Required
+
+
+Following the provision that we last discussed that no soldier shall in
+time of peace be quartered in any house without the consent of the owner,
+nor in time of war except in a manner prescribed by law, we find the
+Constitution making a most positive provision guarding the sacredness of
+the home, the sacredness of the person, and the things belonging to each
+person. In the olden days the people had to submit to the most brutal
+conduct. A man might think some one had stolen his ring or his watch.
+Suspecting a neighbor, and being the stronger, or assembling his friends,
+or some officers, he might enter the neighbor's home, search all through
+the house among papers, in the desks, and in every trunk and other place
+where personal belongings were kept, might search the person himself, his
+pockets, and clothing.
+
+Of course you can easily understand that the people who were thus abused
+would resent such actions. In England the people in early days had
+protested and had secured some guaranties from the king against these
+outrages, but the first absolute written guaranty of the full rights of
+the people was when the following provision was inserted in our
+Constitution:
+
+"_The right of the people to be secure in their persons, houses, papers,
+and effects, against unreasonable searches and seizures, shall not be
+violated, and no Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized._"(60)
+
+Of course it is apparent that so long as we have crimes committed the
+wrongdoer must be punished. Wrongdoers naturally try to conceal the
+evidence of their crimes: the murderer seeks to hide the revolver, the
+thief seeks to hide the money, the bonds, or the jewels. So it is
+necessary, in order to find criminals and to recover valuable things they
+may have taken, to have the privilege of searching persons or houses. But
+the thing which the Constitution guarantees is that no such search shall
+be made except upon warrants issued by some court, which are commands to a
+peace officer to seize a certain person (arrest him) or to search a
+certain house or other place for things which might aid in administering
+justice. No warrants shall be issued by any court until some one has
+appeared and filed a solemn statement under oath showing some reasonable
+grounds for believing that the search or seizure will disclose evidence of
+the offense. The place must be described. The things or the persons to be
+seized must be described. A warrant issued by any court, no matter how
+high, without such a sworn statement being presented, is void and in
+violation of the rights of every person under the Constitution. The courts
+are often called upon to enforce this right of the people. The home,
+especially under our Constitution, is recognized as sacred. "Every man's
+house is his castle" and wherever, without the proper warrant, search or
+seizure is made, the court will promptly punish the wrongdoer and if
+something has been seized or taken possession of wrongfully the court will
+order it returned. Even though valuable as evidence of guilt, the court
+will not permit it to be used, if it has been seized in violation of the
+guaranty of the Constitution.
+
+No matter how humble the home, whether it be owned or rented, whether it
+have one room or a dozen, it stands exactly the same under this
+constitutional provision, and is guarded against "unreasonable searches
+and seizures". No matter how poor the owner, he can stand at his door and
+defy all the officers of State or government, yes, and all the soldiers of
+the republic, defy them to enter until the provisions of the Constitution
+of the United States shall have been complied with.
+
+Now, we come to guaranties of the right of the people to protection
+against any trial, except the same be conducted in accordance with the
+guaranties of the Constitution. These guaranties are for all persons,
+young or old, rich or poor. You know sometimes the innocent are charged
+with grave crimes. A crime is committed in the darkness of the night. The
+criminal has fled. The first duty of the officers of the government--the
+servants of the people--is to find the criminal so that he may be punished
+for his wrongdoing. This is not an easy task, and no matter how careful
+officers may be, mistakes are sometimes made and innocent persons are
+arrested and charged with the offense. Bring this home to yourself,
+because every one of these constitutional guaranties are for you, for each
+of you, for your father, mother, brothers, and sisters. Keep this in mind.
+Do not consider them as applying to somebody away off, some stranger in
+whom you have no interest. _They apply to you._
+
+Now suppose that to-night a murder should be committed, and to-morrow your
+father should be arrested and charged with the crime of which he was
+entirely innocent. It will be very important to him that he should have a
+fair chance, a fair trial. His liberty would be at stake, and liberty
+under the Constitution is a sacred thing. Thinking of liberty his mind
+would naturally turn to the Constitution, and if he examined it, he would
+find the following guaranty:
+
+"_No person shall be held to answer for a capital, or otherwise infamous
+crime, unless on a presentment or indictment of a Grand Jury, except in
+cases arising in the land or naval __ forces, or in the Militia, when in
+actual service in time of War or public danger._"(61)
+
+Now you do not understand this, do you? And yet it is very simple. When a
+man is arrested, he is brought before the court for trial. But how, and
+before whom shall he be tried?
+
+Remember that in America the enforcement of law is in the hands of the
+people. Remember that this is a government by the people and that the
+chief purpose of government is to protect the liberties of the people.
+Here is your father's liberty at stake. If he should be convicted of
+having committed this murder, he might be hanged or sent to prison for
+life, so it is very important to him that the investigation into the
+charge against him shall be conducted in the right manner.
+
+Under this constitutional guaranty which is also included in your State
+Constitution, there is no court and no judge in the United States big
+enough or powerful enough to call your father before the court for trial
+until he has been indicted by a grand jury. A grand jury, generally
+composed of twelve or more men selected from ordinary citizens, is brought
+together every term of court. They sit in a room by themselves and hear
+evidence as to the commission of offenses. They have no power to find a
+man guilty or not guilty. Their power and their duty is to decide whether
+the evidence brought before them is sufficient to justify putting the
+accused man on trial for the offense. They hear the witnesses for the
+State or government. The defendant is not brought before them personally,
+nor is he represented in any way. It is simply a secret investigation. If
+these men upon this investigation decide the evidence is not sufficient to
+warrant the trial of a man, he is discharged. He cannot be put on trial
+before the court. Before the court can proceed the grand jury must first
+say that the man shall be tried. The people thus have in their hands the
+power of protecting the innocent, and the power of instituting proceedings
+against the guilty. The grand jury brings in its report by an "indictment"
+which is merely a written statement to the court that the grand jury
+believes the defendant should be put upon trial for a certain offense.
+When this indictment is brought in, the defendant is called before the
+court, the charge is read to him, and he is then required to say whether
+he is guilty or not guilty. If he says that he is not guilty, then
+preparation must be made for a trial in the court, before a petit jury, a
+trial jury, which we will consider later. The thing I want to impress upon
+you now is the care with which the framers of the Constitution guarded the
+right of your father to have an investigation by a body of citizens before
+he can be brought up for trial for this murder which has been committed.
+He cannot be dragged by officers before some court and forced to go
+hurriedly through a form of trial only to be found guilty. The proceedings
+must be deliberate and careful. The Constitution guards him against danger
+of conviction without substantial proof of his guilt.
+
+There are a few minor offenses, sometimes called misdemeanors, and there
+are violations of city ordinances, in which an indictment is not
+necessary, but an indictment by a grand jury is necessary whenever the
+crime is infamous or capital; that is, generally speaking, when punishment
+would involve imprisonment in the penitentiary or the taking of life by
+hanging or otherwise. You will understand this better as we consider the
+trial before the petit jury.
+
+You may think it is difficult to learn all about grand juries, the number
+of jurors, and the manner in which they are sworn to perform their duties.
+I do not blame you. But bear in mind I am not insisting that you shall
+learn all these details. Of course the more knowledge we have about these
+matters the better. But _the important thing_ is that you shall learn that
+away back more than one hundred and thirty years ago the people of America
+in framing the Constitution of our country, by written guaranties, made
+this a government by the people. Knowing that the most sacred thing on
+this earth is human liberty, they sought to guard it by providing every
+possible safeguard which would protect the innocent from unjust
+conviction. They trusted the people. While courts were provided, the power
+to accuse the humblest human being living under the American flag of a
+grave offense and bring him before a court for trial was reserved to the
+people themselves.
+
+Grand juries are merely representatives or agents of the people. As they
+sit in court they are exercising some of the highest and most important
+duties exercised by men. Grand jurors and petit jurors hold in their hands
+the liberty of their fellowmen.
+
+It is these great truths I wish to impress upon you. I want you to have
+the knowledge, but more than this, I want you to have the spirit, the
+spirit of confidence in your government, and the spirit of gratitude that
+you live in America where the people rule, where the people not only make
+the law, but enforce it.
+
+ELEMENTARY QUESTIONS
+
+1. In the olden days how could a strong man abuse one suspected of
+stealing?
+
+2. What would he be compelled to do to-day?
+
+3. Why are the guaranties regarding trials important to you?
+
+4. Who may accuse or charge a person with a crime?
+
+5. Is a person charged with a crime necessarily guilty?
+
+6. What is a grand jury? What is its purpose?
+
+7. How are members of a grand jury servants of the people?
+
+8. Is a search warrant valid if no sworn statement has been filed?
+
+9. What are the rights of the owner, if a search is made without proper
+warrant or papers?
+
+10. State the guaranty of the Constitution with reference to indictment by
+a grand jury.
+
+11. Is the session of a grand jury secret or public?
+
+12. Is the defendant present before the grand jury during the
+investigation?
+
+13. What is meant by "indictment"?
+
+14. What is done when the grand jury returns an indictment?
+
+15. What offenses may be prosecuted without an indictment?
+
+ADVANCED QUESTIONS
+
+A. Discuss the procedure of securing a search warrant?
+
+B. If we had no guaranty of security of property rights what effect would
+this have with reference to working, earning, and saving?
+
+C. How is the fact that we have a grand jury an evidence of the care with
+which our government guards our rights?
+
+D. What is a heinous crime?
+
+E. Write a paper on:
+
+
+    Early Abuses of Power in Search and Seizure
+
+    Some Interesting Violations of this Right
+
+    The Grand Jury as an Evidence That the People Rule
+
+    An Account of the Work of One Grand Jury
+
+
+
+
+
+XII. RIGHTS OF ACCUSED
+
+
+      Acquittal By Jury Final--Accused Not Compelled To Be A Witness
+
+
+Now keeping in mind that this is a personal matter with each one of us,
+that we are talking about our own rights, that some day our liberties may
+be in danger, let us take up the next guaranty of the Constitution: "_nor
+shall any person be subject for the same offence to be twice put in
+jeopardy of life or limb_".(62)
+
+I am sure you do not know what that means. I am sure there is not one of
+you who ever dreamed that such a thing might happen to you as to be "twice
+put in jeopardy of life or limb". This is very important and likewise very
+simple. In the olden days, in the old world, many a man was tried for a
+crime in court and found not guilty, and then later was arrested and put
+on trial again and found guilty. Suppose your father, as I said the other
+day, should be arrested, although he were innocent. Suppose he were
+indicted by this grand jury and brought on for trial. He would be
+compelled to hire a lawyer, if he were able to, and get ready for trial.
+The trial would come on, and days or possibly weeks might be spent in
+examining witnesses. Finally the case would close and the jury would bring
+in a verdict of "not guilty". It would be an expensive proceeding. Perhaps
+it would take all the money he had saved. It would not only be expensive
+but it would be a hard strain upon him, your mother, the other children,
+and yourself. It is a very serious matter for an innocent man to be tried
+for murder. Still the verdict of "not guilty" comes in and you are all
+full of joy to realize that his life and liberty have been saved. Now
+suppose it were possible that within a couple of weeks afterwards he could
+again be arrested, indicted, put on trial. All of the family would again
+be subjected to worry and sorrow. You do not think it would be just, do
+you? It would not be right. Of course it wouldn't be right, but men in the
+olden days have been compelled to submit to such injustices. So when the
+Constitution was adopted this guaranty which I just read was put in there,
+so that for any offense against the United States no man can be tried
+again after acquittal. Once a jury of his fellowmen, his neighbors, brings
+in a verdict of "not guilty" that ends forever any prosecution for the
+same offense. He is free and there is no power in the United States nor
+any of its officers to call him again for trial for that offense. Most of
+the States have a like constitutional guaranty.
+
+Then there is another important guaranty: "_nor shall (he) be compelled in
+any criminal case to be a witness against himself_".(63)
+
+I wonder if you have ever heard of the days when men were tortured to make
+them confess. I wonder if you ever heard of the rack where men were
+stretched, almost torn limb from limb, or of the days when men were hung
+up by their thumbs, in order to compel them to admit their guilt of some
+crime. Have you read of the burning of the soles of men's feet? Or the
+application of red hot irons to other parts of the body in order to extort
+a confession? Well those were common things in some of the countries in
+the days before America was born. Men would be arrested, charged with an
+offense, and then an effort would be made to torture them into confessing
+to the crime. And often where no such brutal torture was employed, men
+were brought into court, put on the stand, threatened, examined, and cross
+examined by lawyers to try to gain admissions which might help to prove
+their guilt. Of course this was all wrong. It was brutal. It was a
+violation of human right. When the Constitution of the United States was
+framed this great abuse of human privilege was absolutely barred by the
+provision, that no one can "be compelled in any criminal case to be a
+witness against himself". In this country, when a man is brought into
+court charged with a crime, it is the duty of the government to prove his
+guilt. This proof must be by the sworn testimony of witnesses of certain
+facts or circumstances, aside from any statement or admission by the
+defendant. He cannot be compelled to be a witness at all. If he so wishes,
+however, he may be a witness for himself. This privilege was denied him
+under the English practice for generations, and even in this country in
+many of the States until a comparatively recent time; but never since the
+Constitution was adopted could any person charged with a crime against the
+United States be compelled to testify to any fact or circumstance in
+relation to the crime. Not only can he sit in the court room and listen to
+the stories told against him, but he is guaranteed this right by
+protection against any threats or inducements outside of court and before
+the trial which would lead him to say anything against his innocence.
+Every judge in criminal courts has been compelled at times to refuse to
+admit in evidence before the jury certain statements or alleged
+confessions. You may see in the paper where some man has been arrested for
+breaking into a bank or committing some other offense, and it may be
+further stated that the defendant has confessed that he broke into the
+bank. Naturally you then say to yourself that he will be found guilty.
+Well this constitutional guaranty not only protects him in court but
+protects him out of court. He cannot be compelled to give answers after
+his arrest while he is in jail, or even if he is at liberty under bond,
+which can be used against him upon the trial. Of course a person charged
+with a crime may waive this constitutional guaranty. He may voluntarily
+say that he wants to tell his story, and if he does so without any
+inducement, promises, or threats it may be admitted against him when the
+trial comes. Otherwise not. To be admitted, it must appear to be
+absolutely voluntary and of his own free will. If it appears that the
+confession has been induced by promises of lighter sentence or "that it
+will be easier for him", or if any other inducement is used to get him to
+consent to make his statement, such statement cannot be used in evidence
+because of his constitutional guaranty. Many times I have seen the court
+refuse to admit proof of an alleged confession of a defendant, and I could
+see that the jury trying the case and the people sitting in the court room
+were surprised that the judge would not admit such proof even when the
+confession was signed by the defendant; but the jury and the people did
+not happen to think of this constitutional provision. Perhaps they had
+never heard of it. Every judge is sworn to uphold and defend the
+Constitution. No judge can permit any provision of the Constitution to be
+violated if he can help it. A man is on trial before him. A written
+confession is offered in evidence to help convict him. The defendant's
+attorneys claim that the confession was not voluntary but was induced by
+threats or promises. The court then makes inquiry and hears the witnesses
+upon this question, and if the court finds that the confession was not the
+voluntary act of the defendant, the same will be excluded because the
+Constitution provides that no man "shall be compelled in any criminal case
+to be a witness against himself".
+
+Let us turn again to the false accusation against your father. He is
+charged with murder. He is on trial before a jury. The attorney for the
+government pulls a paper out of his pocket and offers it in evidence. It
+appears to be signed by your father. Your father's attorney objects to
+having it considered by the jury for the reason that the policemen took
+your father into a cell in the jail, and threatened that they would beat
+him with their clubs unless he would sign a paper telling how he committed
+the offense, and that in terror he signed the paper. At this point, the
+court would hear the statements of your father, and other evidence, and if
+it appeared that there were any threats of any kind used to get your
+father to sign the paper, it would not be admitted in evidence at all.
+Your father would only claim his constitutional rights as an American, and
+they would not be denied to him.
+
+There are notable instances in which confessions were made and signed by
+innocent parties, who were discouraged because the facts seemed to be all
+against them, who felt that they were certain to be convicted, and that
+their punishment would be lighter if they would make a confession. Under
+this impression they made and signed a confession. It was afterward found
+that the confession was false and that they were innocent of the crime.
+This constitutional guaranty protects against any injustice of this kind.
+
+These careful efforts of the makers of the Constitution to guard the
+liberties of the most humble persons must impress us with the earnestness
+of their efforts to make this a free country, where no one shall be
+deprived of his life or liberty except where proven guilty, after a most
+carefully guarded trial.
+
+Isn't it fine to live in a country where the people have a Constitution
+written in such simple language that even the little children can read it?
+I want every one, even the smallest child, to understand that every line
+of the Constitution was written to guard and protect each one of us, young
+and old, against injustice and wrong. These safeguards cannot be taken
+away except by the people themselves. The President cannot change the
+Constitution. Congress cannot change it. Judges cannot change it. No one
+but the men and women of America can alter it in the least.
+
+ELEMENTARY QUESTIONS
+
+1. Show how being put on trial again and again for the same offense would
+be an injustice.
+
+2. Why is it right to have the verdict of "not guilty" final?
+
+3. What would be the result if it were not final?
+
+4. Why is this of _particular_ advantage to the poor man?
+
+5. Why should no man be compelled to be a witness against himself?
+
+6. Why do they allow a man to be a witness if he so desires?
+
+7. What is the importance of the guaranty protecting the defendant from
+being examined as a witness?
+
+8. When a person is indicted for an offense, what is the duty of the
+government with reference to proof of guilt?
+
+9. How is guilt proven in court?
+
+10. When may a confession made outside of court be introduced as evidence?
+
+11. Why would anyone accused of a crime confess guilt, when in fact he
+might not be guilty at all?
+
+12. Can the President or Congress or a judge change any of the provisions
+of the Constitution?
+
+ADVANCED QUESTIONS
+
+A. Discuss the democracy of the provision that the verdict of "not guilty"
+is final while that of "guilty" may not of necessity be final?
+
+B. Why are confessions wrung from frightened or tortured men likely to be
+untrustworthy?
+
+C. Why should the "Third Degree" methods be prohibited?
+
+D. Write a paper on the following:
+
+
+    The Third Degree
+
+    Early Cases of Torturing Accused Persons
+
+    The Burdens, Disadvantages, and Injustice of Permitting a Retrial
+    After A Verdict of "Not Guilty"
+
+    Methods Sometimes Used to Secure a Confession of Guilt
+
+
+
+
+
+XIII. LIFE, LIBERTY, AND PROPERTY
+
+
+   Rights Protected By Due Process Of Law--Property Taken For Public Use
+
+
+The three great things which every man, woman, and child cherishes are
+life, liberty, and property. We see in every one of these guaranties how
+careful the people who made the Constitution were to see that these
+valuable things were sacredly guarded.
+
+It is stated in the Constitution that:
+
+"_No person shall ... be deprived of life, liberty, or property, without
+due process of law._"(64)
+
+You can understand how important this is if you will realize how in the
+olden days people were so brutally treated by their fellowmen, especially
+by those in power who happened to represent the government. Have you ever
+read the story of the Bastile, a prison in which hundreds of French people
+were thrown without a trial, in which many were murdered and many kept in
+dark cells chained to the floor for years? Have you ever read the story of
+the Tower in London, where men were imprisoned and murdered without a
+trial by any court and without an investigation by any one, often without
+the knowledge of their closest friends? Have you ever read about how the
+property of people was taken away from them without trial or investigation
+to be turned over to the king or to some of his friends? Until you have
+read something of the past, and realize how people suffered, how they lost
+their lives, their liberty, and their property, you will never realize the
+wisdom of those who framed our Constitution, nor the affection which they
+had for the people of America in protecting them against such horrible
+treatment.
+
+No person's property can be taken, no person's life can be taken, no
+person's liberty can be taken under our Constitution without due process
+of law. We do not need to discuss the meaning of "due process of law". You
+will learn more about this later, as you study more fully the details of
+the Constitution. It is sufficient now to say that no person's life,
+liberty, or property can be taken away from him without his consent,
+except by a trial before a legal court, in which the person shall have the
+right to a fair hearing. He must have notice of the charge or claim made
+against him. He must have a chance to appear in person. He must have the
+right to employ attorneys to represent him. He must have the privilege of
+bringing in witnesses to tell the truth about the charges that may be
+made. There must be a decision by the court after a speedy public trial.
+In all the States of this country any one is entitled to such a trial, and
+he is also, in case of defeat, entitled to appeal and present his case to
+a different and a higher court. These courts are the courts of the people,
+selected by the people, and neither government nor individuals have any
+right to take away anyone's life, liberty, or property unless the people
+by and through their courts shall so find and do.
+
+Then we find the following constitutional provision: "_nor shall private
+property be taken for public use, without just compensation_."(65)
+
+Of course the government at times must have property which may belong to a
+private person. The public must at times take property belonging to an
+individual. Property may be taken, even when the owner will not consent to
+it, when it is taken for public use. One man's property cannot be taken by
+the government and given to another person. Government buildings must be
+erected and land must be obtained for such purposes. The public must have
+railroads, and a railroad can only be built when land is obtained for what
+is called the right of way. Sometimes a railroad must run through lots or
+farms belonging to private owners. The higher right of the public to these
+conveniences, these necessities, requires that when necessary the private
+individual must give up his right of ownership to these higher public
+uses. But even for the Nation, or the State, or railway, or for any other
+public use, not one foot of land may be taken from the poorest man in the
+country unless he is first fully paid its value therefor. Usually, of
+course, the owner will sell his property for such purpose at a fair price,
+but, if he is stubborn and will not do so, or if a fair price cannot be
+agreed upon then the government of the State or of the Nation, or the
+agents of the State or of the Nation may take such property by first
+having its value fixed by a commission, or a jury, composed of the
+neighbors of the owner. Where the amount fixed by such commission or jury
+is not satisfactory to the owner of the property, he may appeal to the
+court and have a trial, usually a jury trial, in which he can bring his
+witnesses and prove the value of his property, so that he will finally
+receive its full, fair, just value.
+
+By this constitutional guaranty every person is well guarded in his
+ownership and possession of property. In countries existing before America
+not much attention was paid to the rights of property owners. If the king
+or emperor should demand possession of a certain piece of property the
+owner had little to say about it. He received his orders and obeyed them,
+because he was afraid of the power of the government. The government could
+pay or not as it pleased. But this period of wrong and injustice was
+ended, so far as the people of America were concerned, when the
+Constitution became the final power in this land.
+
+There are a few people in this country who seek to have private ownership
+of property abolished. No law taking away the right to own property can
+ever come into force in this country until the people by their votes
+change the Constitution. The Constitution stands guard over the farms, the
+homes, the money, and all forms of personal property. It guards the
+cottage of the widow with the same jealous care that it does the ten-story
+building of the bank. No person and no power can interfere with the right
+to accumulate property and to hold it, provided only it is honestly
+obtained.
+
+ELEMENTARY QUESTIONS
+
+1. What are the three things that every man, woman, and child cherishes?
+
+2. What does the Constitution say about these three things?
+
+3. What was the Bastile? The Tower of London?
+
+4. Show how injustice was worked by confining people without due process
+of law.
+
+5. What are some of the essentials of "due process of law"?
+
+6. When can private property be taken by the government?
+
+7. When the State wishes a piece of land, end the owner will not sell for
+a fair price, how is the matter adjusted?
+
+8. What right for reconsideration has a person against whom a judgment has
+been rendered in a trial court?
+
+9. How can the reasonable value of property be established or proven?
+
+10. Suppose the President of the United States wished a certain piece of
+property upon which to build a summer home. Could the President secure the
+land? Give reasons.
+
+ADVANCED QUESTIONS
+
+A. What are some of the steps necessary to due process of law?
+
+B. What would be the effect on people if life, liberty, or property could
+be taken without due process?
+
+C. Discuss the process of condemning property.
+
+D. Write a paper on the following:
+
+
+    Evils of the Bastile and the Tower of London
+
+    Why Military Courts Do Not Always Follow This Law
+
+    The Different Purposes For Which Property May Be Taken For Public
+    Use
+
+    Why Ownership of Property Should Be Protected
+
+
+
+
+
+XIV. CRIMINAL TRIALS
+
+
+Accused Guaranteed A Speedy Public Trial By An Impartial Jury Of The Local
+                                 District
+
+
+I hope no one here this morning will ever be arrested for a crime of any
+kind, and yet, as I have already explained to you, the innocent are
+sometimes brought before the court charged with a grave offense. Therefore
+you should be interested in the investigation of the truth of any charge
+that may be made against you, whether by a private individual or by a
+public officer.
+
+I have already explained to you that in all grave offenses when a person
+is charged with a crime, he cannot be brought before the court for trial
+until the grand jury has investigated the facts and until they have
+returned an indictment, or written charge, to the court. Until this is
+done, the court has no power to proceed.
+
+But now suppose that you have been arrested, suppose that a grand jury has
+investigated the charge against you, has heard witnesses, and has returned
+an indictment. You are then brought up before the court, and the
+indictment is read to you. This indictment I will explain to you more
+fully later. When the indictment is read you are then required to say
+whether you are "guilty" or "not guilty". If you have committed the crime
+charged, it may be advisable to plead guilty and ask for the mercy of the
+court in the punishment which he may impose. Courts usually temper justice
+with mercy. Courts will usually impose a lighter sentence when a guilty
+person pleads "guilty" and avoids the delay and expense of a trial. But,
+if you are innocent, you will plead "not guilty", and then the government,
+through its officers, will get ready for trial. You may not be tried right
+away, as it usually takes some time to investigate the facts and get the
+witnesses into court. As I will hereafter explain, you will be entitled to
+an attorney when the time comes for your trial, when you will have a
+chance to hear the witnesses offered by the prosecution, introduce your
+own witnesses, and, under our present law, testify yourself, tell your own
+story.
+
+If you will walk into a court some day you will see the judge and over at
+one side twelve chairs for the jury. When your case is called for trial
+the first thing will be to select the twelve men who will be the jury in
+your case. I am not going to give the manner of selection at this time.
+This will be fully explained later. I wish now to impress upon you the
+fact that the Constitution expressly guards your rights by providing that
+you shall be entitled to have your case tried, not before a judge, but by
+a jury composed of men from the ordinary walks of life, laborers,
+merchants, farmers, people of all classes; men just like your fathers are.
+They are called. They hold up their right hands and take an oath to try
+your case fairly and justly and to make a finding according to the
+evidence which is brought before them.
+
+The Constitution provides:
+
+"_In all criminal prosecutions, the accused shall enjoy the right to a
+speedy and public trial, by an impartial jury of the State and the
+district wherein the crime shall have been committed, which district shall
+have been previously ascertained by law._"(66)
+
+_This is an absolute guaranty_--a right which is given to you, given to
+each of you, to every man, woman, and child, young or old, regardless of
+color or creed. A trial without a jury would be a violation of your
+constitutional rights. Of course, there are a few minor offenses,
+misdemeanors, and violations of city ordinances, which are sometimes tried
+without a jury, but in all infamous crimes, for which life may be taken as
+punishment or for which a person may be sent to the penitentiary, every
+one is entitled to a trial before a jury.
+
+Is not this a sacred right? Don't you think that it is wise to permit
+people to have their rights and wrongs determined by a body of plain,
+honest men? It removes any suggestion of the abuse of power by a person in
+a public position. It inspires confidence in those who are brought before
+the court for trial. If we cannot obtain justice before such a body of
+men, how can justice be obtained in this world?
+
+I have already told you that in this country the people are not only the
+makers of the law but the enforcers of the law. It is in these jury trials
+where the people enforce the law.
+
+Of course, the hearing before the jury is held in court. The judge
+presides. He directs the proceedings of the trial, sees that it is
+conducted in an orderly way, endeavors to prevent any falsehoods from
+getting before the jury, keeps away from the jury any hearsay or gossip,
+or expressions of prejudice, or other matters not founded on absolute
+knowledge and truth. But the jurors are the sole judges of what the truth
+is, and, when the case is closed, when the evidence has all been
+introduced and the attorneys have made their arguments and pleas, the
+members of the jury retire to a private room by themselves. There they
+discuss the evidence, come to some conclusion, make a finding of "guilty"
+or "not guilty", and bring in their finding in the form of a verdict.
+
+Have you also observed that the constitutional protection of your liberty
+not only provides for a jury trial, but also provides that it shall be a
+"speedy" trial. That is, one charged with a crime cannot without his
+consent, be locked up for weeks and months and years, as has often
+occurred in other parts of the world. He is entitled to be tried just as
+soon as the case can be prepared for trial, in justice to both sides.
+Cases are often postponed for many months, but only by consent of the
+accused. A case not tried at the second term of court will usually be
+dismissed except when the defendant consents to the delay.
+
+The Constitution also provides that it must be a public trial. Oh! how
+many men in the long ago have been tried and condemned in private, where
+only a few enemies were present, where one's friends and neighbors could
+not hear the charges or the evidence. In this country the doors of the
+court room must be open. Any one has a right to enter and listen to the
+proceedings. The public has a right to know what is being charged against
+the humblest citizen, and what the proceedings against him are. Thus is
+justice guarded.
+
+Then the Constitution provides that the trial shall be before "_an
+impartial jury of the State and district wherein the crime shall have been
+committed_." This is important. We are not to be sent away among strangers
+to be tried. That is what they used to do long ago. That is one of the
+things which our forefathers complained of most bitterly. In the
+Declaration of Independence the colonies declared:
+
+"He (the King of Great Britain) has combined with others to subject us to
+a jurisdiction foreign to our constitution, and unacknowledged by our
+laws; giving his Assent to their acts of pretended legislation ... for
+depriving us in many cases, of the benefits of Trial by Jury ... for
+transporting us beyond Seas to be tried for pretended offenses."
+
+When the Constitution was adopted the people made up their minds that
+nothing of that kind should ever occur again in free America. They were so
+careful that they went so far as to provide that the district where a
+trial shall be held "_shall have been previously ascertained by law_".
+That is to say, that the place of trial, the county or district where it
+shall be held, must be fixed by law before the crime is committed. The
+courts or the legislature of any State cannot, after a crime is committed,
+pass a law providing that such a crime shall be tried in a district then
+to be named. The law must fix this in advance of the commission of any
+offense. For instance, without such a constitutional provision, a person
+who committed a crime in the State of New York might be taken to
+California to be tried. This would not be American justice. The accused
+would have the right to point to the Constitution of his country and
+demand that he should be tried in New York, and any court which would not
+grant this right would not only violate the oath which every judge takes
+before he undertakes to perform the duties of such office, but his
+unlawful conduct would perhaps result in his impeachment. The proceedings
+would be reversed by a higher court, and the party would be granted a new
+trial at a place and in accordance with his constitutional privileges.
+
+Isn't it wonderful how the little details which may affect one's liberty
+were so carefully considered away back there when they were planning the
+Nation and establishing the rules which would guard the rights of the
+people?
+
+ELEMENTARY QUESTIONS
+
+1. Why should all of us be interested in a trial?
+
+2. Describe a court room scene.
+
+3. Why is trial by jury a sacred right? What would it be like if we did
+not have this right?
+
+4. How are jurors selected in your State?
+
+5. Why is the trial to be held in the vicinity where the crime was
+committed? What would be the dangers of taking it far away?
+
+6. Why should the jury be impartial?
+
+7. If the accused person is guilty, why is it advisable to plead guilty?
+
+8. Why is it impracticable to hold a trial immediately after the arrest of
+the accused person?
+
+9. What is the first step in the actual trial?
+
+10. After a jury is selected, what is required of them before the trial
+commences?
+
+11. Why is a speedy trial essential to justice?
+
+12. Why is it important that the trial should be public?
+
+13. State some offenses that are sometimes tried without a jury.
+
+ADVANCED QUESTIONS
+
+A. Can the judge declare an accused man guilty?
+
+B. How is trial by jury an evidence of the rule of the people?
+
+C. Show how this benefits the poor man and the rich man equally.
+
+D. Why are some trials delayed for many months?
+
+E. What is the importance of the clause "shall have been previously
+ascertained by law"?
+
+F. Discuss the relative role of jury and judge in a trial.
+
+G. Write a paper on the following:
+
+
+    The Method of Selecting Jurors in Your State
+
+    Delay in Trial
+
+    The Injustice of Remote Trials
+
+    Trial by Jury vs. Trial by a Judge
+
+    The Procedure of a Trial From Beginning to End
+
+
+
+
+
+XV. THE INDICTMENT
+
+
+     Defendant Must Be Informed Concerning The Accusation Against Him
+
+
+Now, my friends, in order to understand more fully the value of our
+constitutional rights, let us again imagine ourselves in a place of
+danger, danger of our liberty or of our life, and let us recall how
+carefully we have been guarded. To the poorest tramp, or the richest
+millionaire, the same rules apply. Innocent persons may be accused of
+crimes; they may be arrested, but they cannot be brought into court and
+put upon trial until they are fully advised of the charge against them.
+
+The Constitution provides:
+
+"_In all criminal prosecutions, the accused shall ... be informed of the
+nature and cause of the accusation._"(67)
+
+This is the first step in bringing a person to trial. He does not go
+blindly. He must be informed "of the nature and cause" of the charge
+against him. He must be given full knowledge of the crime which it is
+claimed he committed. _How is this done?_ Well, we have to consider the
+constitutional provision that one cannot be put upon trial for an infamous
+crime "_unless on a presentment or indictment of a Grand Jury_". What this
+constitutional provision means is, that a grand jury shall hear and
+consider the evidence and, if satisfied that a person shall be tried, they
+shall draw up a writing called an "indictment", which they shall return
+publicly in court. This indictment is a brief statement by which the grand
+jury makes a charge against the person named of having committed a certain
+offense, and the indictment must state not only the name of the offense,
+but the manner, briefly stated, in which the grand jury claims the offense
+was committed.
+
+So that under this constitutional guaranty the person accused knows what
+he is to be tried for. This enables him to prepare for his defense. When
+his attorney is consulted he examines a copy of the indictment. He sees
+what is charged in it. He then talks over with the accused the facts and
+circumstances with relation to the crime charged. He then makes proper
+inquiry. If possible he secures witnesses with relation to the charge and
+thus is enabled to come into court ready to hear the evidence offered by
+the prosecution and ready to introduce witnesses to contradict or explain
+the testimony introduced by the prosecution.
+
+So you see how valuable this right is. One may proceed intelligently, with
+full light upon the alleged transaction. He is not required to stumble in
+the darkness, perhaps to tumble into a pitfall. Without such a provision
+you can see how helpless an innocent person might be if brought suddenly
+before the court for trial for an offense which he never committed. If he
+were not first advised of the nature of the charge and the circumstances
+he might be helpless. You know evidence is brought before the court by
+witnesses who are called by the attorneys for the prosecution and for the
+accused. These witnesses take oath to tell the truth. But, unfortunately,
+witnesses do not always tell the truth. They sometimes commit perjury. One
+must be ready to meet false testimony. By the constitutional guaranty
+requiring that the accusation be in writing, stating the crime and its
+nature, one can be prepared. In many of the States still greater
+precaution is taken to guard against any possible wrong, by requiring not
+only an indictment but also requiring that there shall be furnished to the
+person accused the names of witnesses and a brief statement of the
+evidence which the prosecution expects to offer, this to be furnished
+before the trial commences so that the defendant may get ready to meet it.
+
+Did you ever go into a court when a man was upon trial for a grave
+offense? You should do so. Everyone should do so. But you should go there
+with the proper spirit, not for amusement, not to criticise, but with a
+full realization of the great human drama there being enacted. There at or
+near the trial table you will see the defendant, the man who is being
+tried. He may be a stranger. He may be poor. He may possibly be wicked,
+but he is a human being; and no matter what faults he may have he is an
+American citizen, and under the Constitution of our country he cannot be
+convicted until proven guilty of the particular crime charged in the
+indictment. He sits there while witnesses are telling their stories. You
+will see him watching the jury. Occasionally he looks at the judge. But he
+knows that no matter what the judge may think, he cannot find him guilty.
+The jury and the jury alone can convict.
+
+It is a solemn proceeding, though the lawyers may at times appear to use
+trifling words in their discussions. The prisoner looks through the court
+room window. Outside the sun is shining, the birds are singing, and the
+breezes sway the branches of the green trees. Everything seems to suggest
+liberty and freedom. At no time is liberty so sweet as when it is in
+danger. The prisoner realizes that in a few days the trial will be ended
+and the verdict of the jury will determine whether he shall go out of the
+court room to freedom or to prison.
+
+To-day it is the stranger who is on trial. To-morrow it may be someone who
+is near and dear to you. If such misfortune should come, then you will
+fully realize what a wonderful blessing it is that under our Constitution
+everyone is assured of a fair trial, that a person can only be tried for
+the specific offense stated in the indictment, and that a verdict of
+guilty can only be rendered when the evidence is strong enough to convince
+the jury of guilt beyond a reasonable doubt.
+
+ELEMENTARY QUESTIONS
+
+1. Restate the guaranties that every man has before being brought to
+trial.
+
+2. Why should the accused be informed of the nature of the accusation?
+
+3. What would be the result if he were not so informed?
+
+4. Why is it necessary that this accusation be put in writing?
+
+5. Why is this important to everybody?
+
+ADVANCED QUESTIONS
+
+A. Illustrate the dangers of secret charges.
+
+B. What chance has a person with malicious and secret gossip?
+
+C. Upon a trial can evidence of hearsay or gossip be offered to prove
+guilt?
+
+D. When a person makes a charge against a person and says, "Don't tell
+anyone that I said this", what is the effect?
+
+E. Tell some of the dangers and injustices of slander.
+
+F. What is the first step in bringing an accused person to trial?
+
+G. Is it sufficient to charge the defendant with having committed murder
+without any further explanation? Give reasons.
+
+H. What is required of a witness before he is examined?
+
+I. What is perjury?
+
+J. Why is a trial a solemn proceeding?
+
+K. How strong must the evidence be in order that a person may be found
+guilty?
+
+L. Write a paper on the following:
+
+
+    The Need of a Public and Written Charge
+
+    The Danger of the Secret Slander
+
+    How An Accused Person Prepares For His Trial
+
+    A Visit to a Court in Session
+
+
+
+
+
+XVI. GUARDING RIGHTS IN COURT
+
+
+ Confronted By Witnesses--Compulsory Process--Aid Of Counsel--Jury In Civil
+                                  Trial
+
+
+I am sure that no one until he has studied the Constitution, no one
+certainly who is not a trained lawyer, will realize the many safeguards
+necessary to protect persons who may be wrongfully accused of a crime; but
+the framers of the Constitution knew the dangers from the sad experiences
+of innocent men and women who had been sacrificed by tyrants who had but
+little regard for human life or for human liberty.
+
+Of course you now understand that in case an indictment is returned by the
+grand jury, the person accused comes into court, or is brought in, and
+enters his plea of "guilty" or of "not guilty". If he pleads "not guilty"
+a jury is brought together, "empanelled", as it is called, and they are
+sworn to hear the evidence, and decide the case according to the evidence.
+
+But in these grave criminal trials, in order that the truth may prevail,
+every accused person is given the right to be confronted by the witnesses
+against him. The Constitution provides:
+
+"_In all criminal prosecutions, the accused shall ... be confronted with
+the witnesses against him._"(68)
+
+What does this mean? It means that the government, the prosecution, cannot
+prove guilt by witnesses who are not present in court where the defendant
+can see them, where they may be cross examined by counsel, where the jury
+may observe them, and study their conduct and demeanor, because this often
+helps in determining whether a person is telling the truth or a falsehood.
+
+In ordinary trials where property alone is involved, a witness may live in
+another State or at some great distance from the place of trial. Witnesses
+cannot be brought a long distance in those cases. In some States they
+cannot be compelled to attend a distance of more than seventy miles. In
+other States, not more than one hundred miles; so that to get their
+testimony, the parties take their depositions. This means that instead of
+bringing the witness into court, the parties obtain an order by which they
+can go to the place where the witness is. There he is sworn before a
+commissioner, or a notary public, examined, and his testimony is taken in
+writing. The testimony is returned to the court where the trial is to be
+held, and is then read to the court or the jury upon the trial.
+
+But in the trial of a person accused of a crime, depositions cannot be
+used against him. Statements of witnesses in writing, or in any other
+form, cannot be used by the prosecution. The witnesses must be physically
+in court before the accused, and there orally testify, and the defendant
+must have the right to cross examine them.
+
+But to give the accused person every possible aid in enabling him to have
+the truth brought before the court and jury, he may take the depositions
+of witnesses in his own behalf. That is, the prosecution--the State or the
+Nation accusing a man of a crime--must prove the truth of the accusation by
+witnesses personally in court confronting the defendant, but the defendant
+is given the privilege of taking the testimony of witnesses at a distance,
+in the form of depositions which are read to the jury.
+
+This provision of the Constitution may be very important to an innocent
+person sometimes. The importance of it may never appear to us until
+unfortunately we be wrongfully accused of a crime, and our life or liberty
+in danger.
+
+Then the Constitution further provides:
+
+"_In all criminal prosecutions, the accused shall enjoy the __ right ...
+to have compulsory process for obtaining witnesses in his favor._"(69)
+
+This is also very important. "Compulsory process" means an order of the
+court, commonly called "subpoena", which is served upon witnesses by the
+marshal, or the sheriff, or other authorized person, commanding them to
+appear in court for examination before the court and jury as to the truth
+of matters involved in the accusation against a person on trial.
+
+Here I wish you to recall the unfortunate fact that every little while
+somebody is complaining about our government as "a rich man's government".
+It is often claimed that the poor have no chance for justice. The truth is
+that the rich and the poor stand equal in the courts. In creating the
+Constitution, it is known of course that someone might be brought before
+the court who was poor, without money, possibly without friends. He might
+be innocent, but in order that his innocence might be established it would
+be necessary for him to have witnesses who might live many miles away, who
+would not come into court to testify of their own free will. Therefore,
+there was inserted in the Constitution this provision, that every
+defendant shall have the right to compulsory process, commanding witnesses
+to appear, and there is no one so poor that he cannot have this privilege,
+because the United States--and in most of the States we have a like
+provision--not only issues subpoenas and compels the officers to serve
+them, but it pays the expense of serving, and pays the witness fees and
+mileage, so that the poor man has all of the rights in getting the truth
+before the court and jury that the richest may have.
+
+Furthermore, in the same American spirit, when persons accused of an
+offense are too poor to employ counsel, the government will furnish
+counsel. The Constitution provides:
+
+"_In all criminal prosecutions, the accused shall ... have the Assistance
+of Counsel for his defence_."(70)
+
+There is no person so poor, or obscure, or friendless, that when he is
+charged with a crime which might affect his liberty or his life, he shall
+not have the right to a full, fair trial. Not only are his witnesses
+produced and paid by the government, but an attorney is appointed by the
+government to represent him, and help him establish his innocence.
+
+This is a wonderful illustration of the paternal care which is manifested
+for those who may be unfortunate, and this is all because under our
+Constitution, liberty is a sacred thing, and it shall not be taken away
+except in punishment for a crime which has been proven in open court in a
+public trial before a jury, where the party has been confronted with the
+witnesses against him, where he has had a chance to furnish witnesses in
+his behalf and the aid of counsel in his trial.
+
+Then the people who brought the Constitution into being, feeling that so
+far as practicable they should have control of the enforcement of law not
+only in criminal cases, but in civil cases, included a guaranty in the
+Constitution that:
+
+"_In suits at common law, where the value in controversy shall exceed
+twenty dollars, the right of trial by jury shall be preserved._"(71)
+
+Of course there is often more or less controversy about property of small
+value, where the expense and delay of jury trials might possibly be
+oppressive, but in any case involving more than twenty dollars in value,
+triable under the common law, which includes practically all cases except
+those peculiar cases triable in Chancery, or in Courts of Equity, the
+parties are entitled to a trial by jury. That is, instead of introducing
+their evidence and having the judge decide what the truth is between them,
+the parties are entitled to have a jury of men from the ordinary
+occupations of life hear the evidence and say from the evidence what is
+the truth.
+
+And furthermore, the people provided in the Constitution that:
+
+"_No fact tried by a jury shall be otherwise re-examined in any Court of
+the United States, than according to the rules of the common law._"(72)
+
+Here again is the right to a jury trial, and the benefit of a jury trial,
+and to a trial according to the established rules and precedents of the
+common law courts carefully preserved.
+
+Now my friends, I know that there is much confusion in your minds about
+trials in court. I do not expect you to know all about trials. We are
+studying the guaranties of the Constitution so that we shall learn human
+rights--our rights--under the Constitution. I am talking to you about the
+safeguards of the Constitution so you shall know your rights, especially
+so that you will always venerate the Constitution which guards your
+rights, and defend it against those who may assail it. But I do want you
+to have a clear idea of what a trial in court is. I want you to know the
+purpose of the long days of examination of witnesses, the objections of
+the attorneys to certain questions asked, the rulings of the court, and
+the arguments of counsel.
+
+_The main purpose, aim, and object of every lawsuit_, as trials are
+usually termed by people who are not lawyers, _is to find the truth_. The
+proceedings in court in every lawsuit are a continuous search for the
+truth. If in disputes we could agree to what the truth is, there would be
+few lawsuits to try.
+
+A lawsuit only arises where there is a dispute to settle. If people agreed
+about their rights there would be little need of courts. In criminal
+cases, the government through the grand jury charges by indictment that a
+man committed a certain crime. The government says the man did it. He
+denies it by a plea of not guilty. He says he did not. The trial before
+the petit jury is merely a search for the truth about the charge. _What is
+the truth about the matter in dispute_, that is all that is involved in an
+ordinary lawsuit.
+
+Picture two boys in a dispute about which owns a ball. One positively
+asserts that it is his, that his father bought it and gave it to him. The
+other is just as sure that it is his. He says that his brother gave it to
+him. They quarrel so excitedly that a neighbor coming across the street
+asks the cause of the trouble. They tell him their claims and ask him to
+decide. One boy points out a rough spot on the ball which he insists was
+caused by a blow from his bat while he was playing in his own yard. The
+other says that his brother gave him a ball with red and white stitches.
+The neighbor, after hearing these and many other claims, decides the case,
+giving the ball to the boy whom he finds to be the owner.
+
+In this we have every element of a lawsuit. The dispute, the court (the
+neighbor), the witnesses (the boys), and the judgment based upon what the
+neighbor finds to be the truth from the evidence before him. That is all
+that any court or jury can do, but under the Constitution in cases
+involving life or liberty every possible safeguard is provided so that the
+truth may be found, so that justice may be done.
+
+ELEMENTARY QUESTIONS
+
+1. Why should all witnesses for the prosecution speak in the actual
+presence of the accused?
+
+2. Why should the accused be allowed to have testimony in his favor
+submitted in writing?
+
+3. In what cases is written testimony ordinarily admitted?
+
+4. What is compulsory process?
+
+5. In what ways does the Constitution aid the poor man?
+
+6. In what cases may there be a trial without a jury?
+
+7. What is the main purpose of any lawsuit?
+
+8. What is meant by cross-examination of a witness?
+
+ADVANCED QUESTIONS
+
+A. In what way do these provisions sustain the fact that our government is
+a democracy?
+
+B. Is a person more likely to commit perjury when not actually facing the
+person accused? Give reasons.
+
+C. What is the provision of the Constitution as to "compulsory process"?
+Explain the importance of this right.
+
+D. Explain the provision of the Constitution as to the right to have
+counsel.
+
+E. Show how compulsory process and free counsel help the poor man.
+
+F. Why is jury trial omitted in small controversies?
+
+G. What is a "civil" case?
+
+H. Write a paper on the following:
+
+
+    How Perjury is Detected
+
+    Oral and Written Testimony
+
+    How the Poor Man is Protected
+
+    The Purpose of a Trial in Court
+
+    The Story of a Tramp Without Money, Accused of an Offense: How the
+    Constitution Helps Him
+
+
+
+
+
+XVII. PUNISHMENT
+
+
+Prohibition Of Excessive Bail Or Fines, Cruel Or Unusual Punishments, And
+                          Involuntary Servitude
+
+
+Before we finish, I want you to have in your mind a clear conception of
+the way in which a person accused of an offense is brought before the
+court, tried, and convicted or acquitted.
+
+I have already explained that the first step is the arrest of the
+suspected person.(73) Again put yourself in the place of the suspected
+person.
+
+You are arrested. It is the duty of the officer making the arrest to bring
+you into a court, but this is not generally to a trial court. A person is
+generally brought before what is called a committing magistrate, a justice
+of the peace or commissioner--some person having authority to issue
+warrants of arrest. You may be far from home and friends when you are
+arrested. You may be entirely unacquainted in the neighborhood. The
+government is not ready to proceed to your trial. Witnesses must be
+summoned, not only for the government, but if you have witnesses you
+desire to use, they must be brought in.
+
+The general rule is to set the case for hearing--a "preliminary hearing" in
+a day or two, or a week possibly. You must therefore wait until this time
+comes. What are you going to do? Must you go to jail until they get ready
+to have the hearing? No, you are entitled to bail; that is, you are
+entitled to be discharged upon a bond fixed by the magistrate,
+commissioner, or judge. There are usually only two offenses which are not,
+as the saying is, bailable--murder and treason. Usually where murder or
+treason is charged, the person is not admitted to bail. He is locked up in
+a cell to await trial; but as a general rule, when a person is arrested
+his bail is fixed--that is, the amount of the bond which he must file in
+order to be discharged pending the trial. For instance, if it were a
+charge of stealing a bicycle, the court might fix the bail at $500 or
+$1000. That would mean that if he would file a bond, with sureties,
+conditioned that in case he did not appear for hearing--that he should run
+away, for instance--the sureties would pay into the court the amount of the
+bond. Mostly any person of fair standing in a community can secure some
+friends who will sign such a bond, so that he may have his liberty until
+the trial.
+
+But the framers of the Constitution, again anxious about the liberties of
+the people, provided:
+
+"_Excessive bail shall not be required._"(74)
+
+There were many instances in the olden days where bail was purposely fixed
+so high--so far beyond all reason in view of the nature of the offense that
+the party could not furnish the bail, the purpose being to compel the
+party to remain in prison. Our Constitution guarantees to every individual
+that the amount of bail fixed shall be reasonable in view of the nature of
+the offense and if it is not reasonable, the person arrested may have the
+matter brought before the court, who will make full inquiry, and reduce
+the amount of the bail if found to be too large.
+
+All through these guaranties of the Constitution, all through these
+provisions guarding the sacred rights of every person, you will see that
+the effort is that justice shall be done, not injustice; that right shall
+prevail, not wrong. That no one shall be kept in prison, deprived of his
+liberty, unless absolutely necessary in the interest of justice.
+
+Then after a trial, if a person is found guilty, the Constitution again
+guards the rights even of the guilty, by providing:
+
+"_Excessive fines (shall not be) imposed, nor cruel and unusual
+punishments inflicted._"(75)
+
+When this constitutional guaranty was written persons then living could
+recall without doubt the barbarous punishments which had been imposed in
+civilized countries even for light offenses. Common hanging was not
+regarded as sufficient punishment. "Hanged, drawn and quartered" was often
+heard in the courts of countries which had been left behind. It was
+nothing uncommon to see persons upon the roadside in England left hanging
+to the gibbet for long periods of time where the people could see them as
+a warning. It was not uncommon in those times to have a penalty of death
+imposed for the offense of stealing.
+
+It is almost impossible to read of the punishments of the olden days, even
+under decrees of courts, without a shudder. Therefore, every one in
+America should be filled with gratitude that in the adoption of our
+Constitution these excessive cruelties were forever ended.
+
+We have in this country the death penalty only for the most grave
+offenses, and it is seldom imposed. Imprisonment is generally regarded as
+just and sufficient. I might spend an hour if we had time, telling you
+something of the horrible dungeons which served as prisons in the olden
+days, into which God's sunlight seldom entered; of the chains the
+prisoners had to wear; of the starvation; yes, and of the
+lash--inhumanities which one can scarcely conceive, and which can never
+disgrace the civilization of America.
+
+Again, carefully guarding the rights and liberties of the people we find:
+
+"_Neither slavery nor involuntary servitude, except as a punishment for
+crime whereof the party shall have been duly __ convicted, shall exist
+within the United States, or any place subject to their
+jurisdiction._"(76)
+
+This is not a part of the original Constitution. It was adopted after the
+war had driven slavery from our shores. The spirit of America has from the
+beginning been exerted in enlarging the rights of human beings. Slavery
+existed before the adoption of the Constitution, and so strongly was it
+intrenched at that time in some of the colonies that it was impossible
+then to wipe it out.
+
+But it did not belong in America, and the time came when the American
+people, after a long bitter war, crushed the slave power, and swept from
+our shores the last vestige of involuntary servitude. That it might not be
+renewed, the people amended the Constitution so as forever to bar slavery
+or involuntary servitude except as men might be put in prison in
+punishment for crime after a full, fair trial.
+
+Did you ever read of the debtor's prison? It used to be in nearly every
+country in the world, that men who were merely unfortunate, who got in
+debt and who could not pay when the debt was due were sent to prison, and
+kept there sometimes for long periods. It was most cruel, because in many
+instances the persons were honest. They wanted to pay their debts, but
+sickness came, or floods, or fire, or other misfortune, and when the time
+came they were unable to pay and thus they lost their liberty.
+
+In those olden days, men were not only imprisoned, but in some countries
+they were compelled to labor for the person whom they owed. They were
+compelled to be slaves.
+
+But at last we have reached a stage in America, where no one may be
+compelled to work for another, unless by his own free will, except under
+conviction of a crime where the State may compel prisoners to work for
+some one in order to help pay the expense of maintaining them.
+
+The old debtor's prison is gone. No one in this country can now be
+imprisoned for an ordinary debt. There are a few States in which a person
+may be imprisoned for debts arising in fraud, but for an ordinary contract
+debt, mere inability to pay, no one in America can now be compelled to
+submit to imprisonment.
+
+I wish sometime you would think seriously about what America has done for
+the poor. In the olden days they had few if any rights; but to-day in
+America, while by law we cannot prevent sickness nor sorrow, or other
+misfortune, we can and we do guard the liberty of the poorest and the most
+unfortunate. In fact many laws have been enacted which give to the poor
+special privileges which are denied to those who have property or money.
+
+For instance in nearly every State there are what are called exemptions
+for a person who is the head of a family, which protect him even in the
+possession of a limited amount of property which his creditors cannot take
+away from him in payment of a debt. In most of the States laborers may
+hold the earnings of a certain period, for instance ninety days, for
+support of themselves and their families, which no one can touch, which no
+officers and no court can seize in payment of a debt. Also they are
+protected in their household goods, their clothing for themselves and
+their families, and in many other ways.
+
+The farmer who may be heavily in debt is protected for himself and his
+family by having exempted to him a team of horses, harness and wagon,
+machinery, farm utensils, and food and clothing for the family.
+
+I have not time to relate all that has been done by America in sympathetic
+aid of the poor and the unfortunate. No other country in the world has
+given such consideration to the poor as has America.
+
+We hear much talk of social injustice, that the poor man has no chance.
+The truth is that more has been done in America during the past
+twenty-five years to provide justice for the poor and unfortunate and for
+those who toil, than was done in any other country of the world during the
+last one thousand years. The spirit of America is right. The people have
+the power. They are right at heart. The only weakness in America is the
+failure of many thousands of our men and women to take an active interest
+in the affairs of government. Hundreds of thousands, yes millions, of our
+voters fail to go to the polls on election day to vote. They do not seem
+to feel any gratitude for the privilege of living in a free country where
+liberty is guarded by written guaranties of a Constitution which cannot be
+changed, except by the will of the people themselves.
+
+ELEMENTARY QUESTIONS
+
+1. After a person is arrested where is he generally taken by the officer?
+
+2. If the hearing is postponed, what is generally done with him in the
+meantime?
+
+3. What is bail?
+
+4. What offenses are not bailable?
+
+5. What is the constitutional guaranty as to bail?
+
+6. Why should excessive bail be prohibited? What would be the injustice of
+this practice?
+
+7. What happens when a person "out on bail" fails to appear in court at
+the time set? Is he relieved of further punishment?
+
+8. If a magistrate fixes excessive bail, what may the accused person do in
+order to have it reduced?
+
+9. Name some cruel and unusual punishments?
+
+10. When was slavery in America abolished?
+
+11. What was a debtor's prison?
+
+12. How does America protect the poor? Can a debtor be put in prison for
+failing to pay ordinary debts?
+
+13. What is meant by "exemptions" in relation to property and debts?
+
+ADVANCED QUESTIONS
+
+A. Explain the injustice of requiring excessive bail?
+
+B. When a judge determines the amount of bail, what factors does he
+consider?
+
+C. What is the purpose of punishment?
+
+D. Discuss the movement for prison reform.
+
+E. What is the purpose of the bankruptcy law?
+
+F. Write a paper on:
+
+
+    Cruel and Unusual Punishments
+
+    Punishment and Crime in the United States
+
+    How America Protects the Poor Man
+
+    The Reformatory Versus the Penitentiary
+
+
+
+
+
+XVIII. EQUAL RIGHTS OF CITIZENS
+
+
+All Citizens Entitled To Equal Privileges And Immunities--Right To Vote Not
+                                 Abridged
+
+
+The great achievement in American government was the establishment of a
+Nation composed of independent and sovereign States. It was not an easy
+matter to bring all these States together as one government, so that there
+would be harmony and unity; but the framers of the Constitution succeeded
+in a wonderful way in adopting rules and regulations--the
+Constitution--which made this the most powerful and the most peaceful
+Nation in the world.(77)
+
+Only once has there been any serious question between the States, and the
+Civil War settled that forever. Following the war, to bind the States more
+firmly together by the establishment of the rights of citizens of the
+various States, an amendment to the Constitution was adopted in 1868, by
+the people of the Nation, which is as follows:
+
+"_All persons born or naturalized in the United States, and subject to the
+jurisdiction thereof, are citizens of the United States and of the State
+wherein they reside. No State shall make or enforce any law which shall
+abridge the privileges or immunities of citizens of the United States; nor
+shall any State deprive any person of life, liberty, or property without
+due process of law; nor deny to any person within its jurisdiction the
+equal protection of the laws._"(78)
+
+This portion of our Constitution establishes the citizenship of every
+person born or naturalized in the United States, and guarantees the rights
+of such citizens, not only in the State where he lives, but in any State.
+No State has the power, since the adoption of this amendment, to make or
+enforce any law which shall abridge the privileges, rights, or immunities
+of citizens, no matter in what State they may make their home.
+
+By this amendment all States are prohibited from enacting any law, or
+permitting any procedure of their courts, which shall "deprive any person
+of life, liberty, or property, without due process of law".
+
+You will recall that immediately after the adoption and approval of the
+original Constitution there were ten amendments adopted which became
+effective in 1791, in one of which it was provided that no person "shall
+be deprived of life, liberty or property, without due process of law".
+This forever barred the United States government from depriving the
+humblest citizen of his life, his liberty, or his property, except through
+the regular processes of the law which we have heretofore considered; and
+by the amendment of 1868 the same restriction was placed upon every State
+in the Union, thus completing the guaranty to every man, woman, and child,
+that life, liberty, and property would be safe and sacred. No power exists
+in the State or Nation by which life, liberty, or property may be
+interfered with, except through the tribunals established by the people
+themselves to hear and determine in a judicial way after proper notice
+with full opportunity to be heard in a public trial.
+
+No secret schemes can be devised which will interfere with the rights of
+the humblest citizen, no power can be created strong enough wrongfully to
+invade the right to life, liberty, and property. These guaranties, being
+written into the Constitution, will stand forever, unless the people by
+their own choice shall throw away these great guaranties and destroy these
+great blessings.
+
+Then following the Civil War, the people of America adopted the following
+as part of the Constitution of the United States:
+
+"_The right of citizens of the United States to vote shall not be denied
+or abridged by the United States or by any State on account of race,
+color, or previous condition of servitude._"(79)
+
+You remember the Emancipation Proclamation by President Lincoln which
+struck the chains from the limbs of men and women and children who had
+been slaves for generations. They were human beings, though of the colored
+race. They were lifted from the position of slavery to the dignity of
+citizenship, and clothed with power to help in the government of their
+country by being given the privilege of going to the ballot box to vote.
+To establish this right and protect this privilege for all time, this
+amendment to the Constitution was adopted by the people of the United
+States. It was a bold thing to do, to clothe a subject race which had
+little opportunity for education with the rights of citizenship. No nation
+in the world ever before attempted such a wonderful and radical
+experiment; but the people of America, having real confidence in human
+beings, regardless of color, race, or creed, assumed the responsibility of
+admitting the former slaves as part of the power of government in this
+country.
+
+Of course you realize that the value of a citizen to his country, when it
+comes to voting and making laws, depends upon his knowledge of public
+affairs, and his confidence in his government; and therefore education is
+absolutely necessary to real service to one's country. That is one of the
+big objects of education--to qualify persons for full citizenship.(80)
+
+Too many of us consider the right to vote simply as a privilege to help
+some neighbor to be elected to some public office. This view is all wrong.
+Our country is first, and we never should help a neighbor to be elected to
+an office unless that neighbor can help to make this a better
+government.(81)
+
+When we elect any one, we are selecting a servant to represent us, to act
+for us. Therefore great care should be exercised in selection. We must
+inquire not only whether the person is good and virtuous, but also whether
+the person is useful, and has right ideas about public service.(82)
+
+If congressmen, judges, legislators, mayors, or other public servants are
+not honestly or truly representing the people, if they are not carrying
+out the will of the people in their official actions, this simply proves
+that the people have not selected the right kind of men to represent them.
+There are honest men; there are men who are tried and loyal and patriotic.
+They are our neighbors. We have the choice of selecting them if we want
+to. _The truth is_ that nearly all public officers are honest and
+patriotic. The truth is that as a rule they try to do what the people
+want. But _the truth is_ that the majority of the American people take so
+little interest in public affairs that they make no effort to have their
+servants in public life know what they do want. People are ready to
+criticise if a mistake is made, but they will do little to help avoid
+mistakes.
+
+I'll tell you what I would like to see. I'd like to see this assembly room
+in this school filled one night each week with children and men and women,
+with parents and teachers. It would be a real community meeting to talk
+over community, State, and National matters. I would like to see such a
+meeting in every school in this city, in this State, and in the Nation. I
+wish someone would start a movement to have the movies closed one evening
+each week, so that the people might have at least one night to give some
+little consideration to the serious problems of life. "Eternal vigilance
+is the price of liberty." Vigilance means watchfulness, care, and thought.
+Every man, woman, and child in America should watch and pray that our
+liberties so dearly bought with the life blood of heroes should not be
+taken away.
+
+ELEMENTARY QUESTIONS
+
+1. Show how the United States gave citizens of the different States equal
+rights.
+
+2. Who can vote in the United States? Who are citizens of the United
+States?
+
+3. Is the power to vote simply a privilege?
+
+4. Why is it that our representatives sometimes do not truly represent us?
+
+5. How can we interest people in voting?
+
+ADVANCED QUESTIONS
+
+A. Show how it is important that people should have equal rights in the
+various States.
+
+B. Give some illustrations of the variations from State to State of
+certain local laws, such as automobile laws, etc.
+
+C. If the law of New York limits the speed of an automobile to 25 miles
+per hour and the law of Massachusetts limits the speed to 20 miles per
+hour, can a citizen of New York travelling in Massachusetts legally
+operate his car at 25 miles per hour? Under like circumstances can a
+citizen of Massachusetts while in New York operate his car at 25 miles per
+hour?
+
+D. Show in detail the dangers of not voting.
+
+E. How may a person obtain citizenship?
+
+F. What has education to do with citizenship or voting?
+
+G. Should you vote for a neighbor simply out of friendship? What should be
+taken into consideration?
+
+H. Discuss Roosevelt's definition of a good citizen given in Note 5.
+
+I. Outline a proper program for a community meeting.
+
+J. Write a paper on the following:
+
+
+    The Privileges of the Citizen
+
+    The Danger of Not Voting
+
+    The Ballot--An Obligation Not a Privilege
+
+    How to Become a Naturalized Citizen
+
+    Voting and other Duties of Citizenship
+
+
+
+
+
+XIX. WRIT OF HABEAS CORPUS
+
+
+ The Privilege Of The Writ Of Habeas Corpus Not To Be Suspended Except In
+                                   War
+
+
+Here is something in our Constitution which I suppose you have read, but
+which you probably do not understand. That is, you probably do not
+understand its real value, not to somebody else, but to yourselves,
+because all of these provisions of the Constitution are for each one of
+us.
+
+We may go along through life, never being placed in a position where we
+will have to call upon the Constitution to defend us. Most of our people
+are peaceful and just, and it isn't often that the rights of innocent
+persons are attacked or invaded. It isn't often that an innocent man is
+arrested for a crime, and yet such a thing may occur any day to any one of
+us. You may rest assured that such things do not occur as often as they
+would if the Constitution did not stand as a barrier to protect innocent
+persons. These great constitutional guaranties are not only valuable when
+we want to assert our rights, but they are valuable as a restraint upon
+wrongdoers.(83)
+
+Now here is this provision:
+
+"_The Privilege of the Writ of Habeas Corpus shall not be suspended,
+unless when in Cases of Rebellion or Invasion the public Safety may
+require it._"(84)
+
+What is a "writ of habeas corpus"? "Habeas Corpus" is a Latin phrase,
+which in English means "you may have the body". A writ of habeas corpus is
+a writ directed to the person detaining another, or holding him in prison,
+commanding him to produce the prisoner at a certain time and place before
+a court or judge, so that the right of imprisonment or restraint may be
+inquired into. It is an ancient writ, recognized as far back in English
+jurisprudence as 1679. It was used against the king in the reign of Henry
+VII, and on through the later years. It was recognized from time to time,
+sometimes entirely denied, and again given force.
+
+But as applied to you and to me, what does it signify? Suppose on your way
+home this evening, some person should seize you and force you to go to
+jail, and lock you up. No charge is made against you. You are innocent of
+any offense. You sit there in the cell wondering what it all means. You
+cannot even communicate with your parents or friends. The jail is built of
+stone, the iron bars are strong, and you are helpless.
+
+Well, in the olden days, many a man and woman had such experiences, and
+many a man and many a woman lay in jail for long periods without any
+charge, or any trial, deprived of liberty, utterly powerless.
+
+Now as I said, suppose you were in jail to-night--not even permitted to
+communicate with a friend or with a lawyer, and your father found out
+where you were. He could not go and break down the prison walls. He could
+not even talk to you; but if he were familiar with the Constitution of the
+United States and of his State--because there is a like provision in the
+Constitutions of all States--if your father understood his constitutional
+rights, he would at once apply to some court or judge for a writ of habeas
+corpus. It would be a simple matter. He would set out in writing the
+facts, simply the story that you were seized and were imprisoned
+wrongfully, and he would ask that a writ of habeas corpus issue, and this
+request, no court or judge can deny. He would promptly issue the writ,
+which would be in writing directed to the person keeping you in jail, or
+the keeper of the jail, or some one who was aiding in keeping you in jail,
+and this writ would command such person to have you brought before the
+court at once, "commanding him to produce the body of the prisoner at a
+certain time and place". You would be brought there, and the person having
+you in jail would have to show cause for such conduct. Unless legal cause
+were shown, the judge would promptly discharge you, and the person who had
+committed the wrong against you would probably receive proper punishment,
+after a trial, for his wrongful act.
+
+Now there were long periods of time in England when the right to a writ of
+habeas corpus was suspended, during which time a person wrongfully in
+prison had no relief and no remedy, when helpless men and women starved
+and died. So when the Constitution was adopted, the people of America were
+careful to see that the following guaranty was written therein:
+
+"_The Privilege of the Writ of Habeas Corpus shall not be suspended_".(85)
+
+Under our Constitution this may be done only "in case of rebellion or
+invasion" when "public safety may require it". For instance, in the World
+War, which you all remember, some dangerous person, some traitor, might
+have been arrested by the military authorities and detained in custody,
+and he could not be discharged upon a writ of habeas corpus, because a
+state of war existed, and public safety required that he be held. Of
+course in times of war persons engaged in the military service are not
+entitled to a trial in a civil court for their offense. They are tried for
+military offenses by court martial. That is a military court, where the
+judges are military officers, ordered by their superiors to sit and hear
+the evidence. There is not much formality. In grave offenses prompt action
+is necessary. Spies are caught, the courts organized, the evidence taken,
+a finding of guilty made, and the party shot, all perhaps within
+twenty-four hours. These are the necessary awful consequences of war. But
+can't you see now what a sense of security this little provision of our
+Constitution ought to bring to each one of us? We always know that in case
+of our wrongful arrest, a writ of habeas corpus will bring us before some
+court where we may have prompt inquiry into the reasons for invading our
+right to liberty, and prompt order for discharge if the arrest is not
+justified.
+
+This writ issues not only in behalf of persons confined in jails and
+prisons, but also in every case where one is held by force against his
+will by another person, because this is a free country, and no man,
+whether a private citizen or public officer, has any power to restrain
+another against his will, unless such restraint is under legal proceedings
+with all the safeguards of the Constitution.
+
+I remember a case when unfortunately a father and mother were separated
+and divorced. Their little boy was left with his mother. The judge decided
+that the father was a bad man and that he was not worthy to have charge of
+his son.
+
+A few months later that father went to the house where the mother and boy
+lived, watched behind the hedge until the little boy was at play in the
+yard, when he seized him, jumped in an automobile which was waiting for
+him in the woods, and drove away at great speed. He took the boy to a
+boarding school in a neighboring State, telling the principal of the
+school that he wanted the boy safely kept until he should return from
+Europe. After many days the sheriff with the aid of detectives found where
+the boy was. The mother came to the school. Of course she was filled with
+joy when she saw her son. She thought that she could take him away with
+her at once, but the principal would not consent. He said that he had no
+knowledge of whether or not she was the boy's mother; that she had no
+right to take him away; and that his duty was to return the boy to the man
+who had left him in the school. The appeal of the mother and the tears of
+the boy were in vain.
+
+At last she had to leave the boy. She at once consulted a lawyer. He
+prepared a written application asking that a writ of habeas corpus be
+issued, commanding the principal of the school to bring the boy before the
+judge, that the judge might hear the evidence, and make an order releasing
+the boy from the school and placing him in the charge of his mother. The
+writ was issued by the judge. An officer went to the school, read the writ
+to the principal, who promptly brought the boy to the court room.
+
+There the judge heard the story of the mother and the simple tale of the
+little boy, he examined certified copies of the order of the court
+awarding the custody of the boy to his mother, which the sheriff had
+procured, and then he very promptly ordered the principal of the school to
+give the boy to his mother. The principal was of course glad to do so,
+when he found that the father had done wrong.
+
+This is only one of hundreds of cases where the writ of habeas corpus
+releases someone from wrongful confinement. Such wrongful confinement may
+be in a school or in a home or in a jail or in a dungeon or in a dark
+cellar. No matter where, the writ of habeas corpus does not stop at locked
+doors or barred windows or stone walls. An officer with such a writ can
+break and enter if necessary. No obstacle can be allowed wrongfully to
+deprive an American citizen of his liberty.
+
+ELEMENTARY QUESTIONS
+
+1. What is a writ of habeas corpus?
+
+2. What does "habeas corpus" mean?
+
+3. When was it recognized in England?
+
+4. When may it be suspended in America?
+
+5. Just what does it mean to the average citizen?
+
+6. Can you think of a time when it might be valuable to you?
+
+7. What is martial law?
+
+ADVANCED QUESTIONS
+
+A. Just when is a writ of habeas corpus likely to prove valuable?
+
+B. Why is it called "the most famous writ of the law"?
+
+C. Show how it affects the poor man.
+
+D. Show how it makes for democracy.
+
+E. Write a paper on the following:
+
+
+    Abuses Found Before the Writ of Habeas Corpus Was Recognized
+
+    Cases Where It was Used Locally
+
+    The Experience of the Arrest of an Innocent Man Who Was Unable to
+    Furnish Bail
+
+    A Court Martial
+
+
+
+
+
+XX. OTHER PROHIBITED LAWS
+
+
+   No Bill Of Attainder Or Ex Post Facto Law May Be Passed By Congress
+
+
+This morning I have something else for you which you probably do not
+understand, something that you can hardly imagine would interest you
+personally; but as I have often repeated, always bear in mind that every
+single clause of the Constitution is made for each and every one of us, no
+matter what position we may have in life.
+
+The framers of the Constitution said:
+
+"_No Bill of Attainder or ex post facto Law shall be passed._"(86)
+
+What does "attainder" mean? It means the extinction of civil rights and
+capacities and powers, which under the law in the olden times took place
+whenever a person was convicted of treason, or of a crime for which the
+death sentence was imposed. It means that all the estate of the convicted
+person, all his land, money, or other property, was forfeited to the
+government; so that upon his death nothing passed by inheritance to his
+heirs. As it was expressed, his blood was "corrupted". He could not sue in
+a court of justice. He was helpless to defend any right of himself or his
+family.
+
+By "bills of attainder", which were legislative acts imposing that penalty
+on the accused without giving him any hearing in a court, many persons
+were deprived of their rights and their possessions in the centuries which
+have gone by, in order that such rights and such possessions might go to
+some favorite of the government. Of course no one would have much sympathy
+for a person who might be actually guilty of treason, or guilty of a great
+crime which involved a death penalty; but in the olden days innocent men
+were often charged with treason and punished. Conspiracies were formed to
+get rid of certain individuals who might be an obstacle to the achievement
+of base ambitions.
+
+The abuses arising out of the imposition of attainder became so grave that
+in the time of Queen Victoria a statute was passed in England abolishing
+the extreme penalties which followed it.
+
+In some of the colonies in this country, before the Constitution was
+adopted, acts of attainder were passed and enforced; but when the
+Constitution was finally adopted, bills of attainder were forever barred.
+
+Don't you see the spirit of charity which is manifest in this, just as in
+the entire Constitution, charity even for wrongdoers, charity for the
+weaknesses of men? Wrongdoers of course must be punished, yet the
+Constitution wipes out harsh and brutal methods which were common in the
+days before America came into being.
+
+No "ex post facto law" shall be passed. _What does that mean?_(87) If a
+person does an act, which at the time of the doing of the act is not a
+criminal offense, the Congress of the United States, with all its power,
+cannot make that act, innocent when done, a crime. Yet this used to be
+done in the old days. You can imagine how in those days a brutal
+government being desirous of getting rid of some objectionable person, but
+desiring to have its acts appear legal, might find that he had done some
+act which was not punishable under the law; but through a corrupt
+legislative body, it might so legislate as to make the act a criminal
+offense, and thus have the person tried and convicted.
+
+A person might commit an offense for which there was a moderate
+punishment; and the legislature might, after the commission of the crime,
+but before he was tried, increase the penalty. For instance, if there were
+a penalty of two years imprisonment for stealing a horse, and some
+neighbor was guilty of stealing a horse, thus leaving himself, when
+convicted, subject to two years imprisonment, all the powers of the United
+States government, all the powers of Congress, all the wonderful power of
+the people of the country could not change the penalty, could not, for
+instance, amend the law so as to provide a five year penalty instead of
+two, so as to affect this neighbor who had stolen the horse before this
+time. He could, if convicted, be sentenced to two years, but no more.
+
+You may think that those who adopted the Constitution must have been
+suspicious of Congress, or the people in thus carefully preventing wrongs
+against individuals accused of a crime--yes, individuals who had actually
+committed a crime; but you can readily understand why they were so
+careful. The conduct of the governments of the world had been such before
+that day that suspicion was justified. The Constitution was made for the
+individual--for men, women, and children--to guard their rights against the
+abuse of power; and in fact most of the wrongs of the world have had their
+origin in the abuse of power. The Constitution guards the humblest person
+against abuse of the power granted to the government, as well as against
+the wrongs of our neighbors.
+
+The people in this country have great power--absolute power. This power may
+be expressed in laws enacted by Congress or by the legislatures of the
+States, except in those things which the people themselves in the
+Constitution of the United States, and in the Constitutions of the
+different States, have placed beyond even their own power.
+
+Of course these provisions of the Constitution, as all provisions of the
+Constitution, may be changed by the people, but not by a mere majority of
+the people. These constitutional provisions relate to sacred rights, and
+they may not be changed except upon mature deliberation, and by a vote
+which represents the sentiment of at least a majority of the people of
+three-fourths of the States.
+
+So I hope you can realize that when the framers of the Constitution
+prohibited bills of attainder, and prohibited the enactment of the ex post
+facto laws, they were doing something for the people of this country. They
+had the rights of the people in mind--the rights of the humble and perhaps
+unknown, as well as the rights of those in high places. I do not expect
+you to study the details of these provisions of the Constitution relating
+to bills of attainder and ex post facto laws. You will probably never have
+to enforce these rights which are given to you under the Constitution. I
+hope you will not; but the important thing which I always want you to bear
+in mind is, that these guaranties of the Constitution are in existence and
+that they confer upon you certain powers which may be asserted to protect
+your liberty if occasion should ever arise.
+
+I am sure you realize that at the beginning of the life of the American
+Nation, extreme care was exercised by those who framed the Constitution,
+to guard the people at every point against injustice and wrong, whether
+exercised by private individuals or by public officials.
+
+Understanding these things--feeling these things, will give you a new sense
+of power, of pride, and of duty, as citizens of this great Nation.
+
+ELEMENTARY QUESTIONS
+
+1. What does attainder mean?
+
+2. What was the effect of a bill of attainder on the family of a man who
+was convicted?
+
+3. Why does the abolition of attainder show the charity of the founders of
+the Constitution?
+
+4. What is an ex post facto law?
+
+5. How would this kind of a law be unjust?
+
+6. How could a strong, powerful, and dishonest man work injustice by means
+of such a law?
+
+ADVANCED QUESTIONS
+
+A. Show how attainder worked in England in the early days.
+
+B. What were the abuses found under such a law?
+
+C. Show how its abolition made for democracy.
+
+D. Show how the abolition of ex post facto laws made for democracy.
+
+E. Write a paper on the following:
+
+
+    The Injustice of Attainder
+
+    The Injustice of an Ex Post Facto Law
+
+
+
+
+
+XXI. TITLES, GIFTS, TREASON
+
+
+Prohibition Of Titles And Foreign Gifts--Treason, Its Trial And Punishment
+
+
+America is a democracy. It was the plan from the beginning that it always
+should be a democracy. The human race had suffered much from royalty, from
+kings and emperors, and queens and princes. Human nature is weak. We are
+all more or less attracted by people with titles. Story books which we
+read in childhood exalt the "lords" and "ladies" and "princes", and I
+regret to say that the history of lords and ladies and princes does not
+always justify the pictures which our story books would paint for us.
+
+The men who framed the Constitution had just finished a life and death
+struggle with royalty--a struggle between the people and a king, and the
+people had won. They were determined that the blighting influence of royal
+power should never again find a place on American soil. Therefore they put
+into the Constitution:
+
+"_No Title of Nobility shall be granted by the United States: And no
+Person holding any Office of Profit or Trust under them, shall, without
+the Consent of the Congress, accept of any present, Emolument, Office, or
+Title, of any kind whatever, from any King, Prince, or foreign
+State._"(88)
+
+Never before in the history of the world was such a bold thing done. These
+words reflect the spirit of the Revolution. They mark the turning point in
+the history of human governments. They proclaim the final establishment of
+the government by the people--the first real government by the people that
+the world ever knew.
+
+I wonder if those who criticise the government of America who complain
+that in this country the people have no chance, ever read these glowing
+words of our Constitution. It isn't so much the words, but the spirit in
+which they were made a part of our Constitution, the spirit in which the
+young Nation proclaimed to the world eternal separation from kingly power.
+
+I find all through the Constitution an expression of grim determination to
+fortify the Nation against any influence which would weaken the supreme
+power of the people, which would in any way interfere with the plan to
+make this a government by the people.
+
+In many provisions of our Constitution we find expressions which show how
+humane America is.
+
+_We hate treason._ In fact there is no crime so dark, so awful, as
+treason. But in the history of the world, treason has meant many things,
+and unfortunately treason has been made not only the instrument of those
+who sought the destruction of the governments, but it has sometimes been
+made the instrument of tyrants in suppressing the rights, and in crushing
+the hopes of the people. It all depends on what is meant by treason.
+
+In the olden days we find men charged with treason when the offense was in
+fact very slight--perhaps a just resistance to the king, perhaps merely an
+assertion of natural human right against the king.
+
+The government of the United States being intended to protect the
+liberties of the people, the Constitution put a bar against prosecution
+for treason, except where the accused was actually an enemy of his
+country, endeavoring to aid in the destruction of his country. We are here
+told what treason is:
+
+"_Treason against the United States, shall consist only in __ levying War
+against them, or in adhering to their Enemies, giving them Aid and
+Comfort. No person shall be convicted of Treason unless on the Testimony
+of two Witnesses to the same overt Act, or on Confession in open Court._
+
+"_The Congress shall have power to declare the Punishment of Treason, but
+no Attainder of Treason shall work Corruption of Blood, or Forfeiture
+except during the Life of the Person Attainted_."(89)
+
+We see all through the Constitution a splendid spirit of justice, and a
+spirit of charity, even toward the guilty. By this article of the
+Constitution, not only is treason defined, but any conviction of a person
+for treason must be upon the testimony of at least two witnesses to the
+same act, or upon a confession in open court.
+
+The innocent must not be punished; and the guilty, when convicted, shall
+alone bear the punishment. Treason being such a grave offense, Congress
+may, if it so desires, provide very severe penalties, but it cannot
+attaint the blood, so that the children or the grandchildren of the guilty
+person shall suffer as in the olden days; nor shall the right of
+forfeiture of property obtain, except during the life of the person guilty
+of treason.
+
+No one objects to any penalty, however severe, where treason is proved,
+but it is contrary to the spirit of America to brand the innocent
+descendants of one who is guilty of a crime. Of course the children of the
+guilty will always bear a certain degree of reproach from their fellowmen,
+but it is not fair that they should be visited with penalties for an
+offense which they themselves never committed. It is the spirit of America
+that each person shall enjoy any position in life which he may win by
+merit and honest endeavor, and no obstacle should be placed in his way by
+the wrong of an unfortunate ancestor.
+
+ELEMENTARY QUESTIONS
+
+1. America is a democracy. Why does this mean so much?
+
+2. What does that phrase bring to mind?
+
+3. Why did we abolish all titles of nobility?
+
+4. What is treason?
+
+5. Why is it limited so carefully?
+
+ADVANCED QUESTIONS
+
+A. What was the real purpose of abolishing all titles of nobility?
+
+B. Why did the founders of the Constitution refuse to permit our
+representatives to accept gifts from abroad?
+
+C. What acts are treason to-day?
+
+D. Show how these provisions make for democracy?
+
+E. Write a paper on the following:
+
+
+    An Illustration of an Act of Treason During the World War
+
+    How A Person May Obtain a Responsible Position in Life
+
+    Laws Which Retard Advancement in Life
+
+
+
+
+
+XXII. JURY, EXCEPT IN IMPEACHMENT
+
+
+    Criminal Trials, Except Impeachment, To Be By Jury--Equal Rights--No
+                        Religious Test For Office
+
+
+There are still three articles of the Constitution containing personal
+guaranties but the substance of these articles has been considered in
+connection with other articles already discussed. They are the following:
+
+"_The trial of all Crimes, except in Cases of Impeachment, shall be by
+Jury, and such Trial shall be held in the State where the said crimes
+shall have been committed; but when not committed within any State, the
+Trial shall be at such Place or Places as the Congress may by Law have
+directed._"(90)
+
+"_The Citizens of each State shall be entitled to all Privileges and
+Immunities of Citizens in the several States._"(91)
+
+"_No religious Test shall ever be required as a Qualification to any
+Office or public Trust under the United States._"(92)
+
+Here again we see emphasized the right of trial by jury. I want you to
+give some thought to this particular right, because it applies not only to
+cases where persons are accused of a crime, but also to nearly all cases
+involving property rights.
+
+The ordinary lawsuit, where one person is suing another to recover money,
+property, or damages, is triable by a jury. You understand of course the
+purpose of a trial. As already explained the main thing in every trial is
+to determine the truth as to the points in dispute, and the truth in such
+cases under our Constitution is determined, not by judges, but by jurors,
+men from the ordinary walks of life, your neighbors, men accustomed to
+dealing with ordinary human affairs. This right is important in aiding a
+person to have the truth properly established; but it is especially
+important, as I have heretofore explained, because it emphasizes the fact
+that this is a government by the people, and that in grave emergencies
+when life, liberty, or property, is in danger, the representatives of the
+common people, selected from the ranks of the common people, shall be the
+judges.
+
+Of course I have fully explained to you, and I do not wish to have any
+confusion upon that point, that the judges themselves are also
+representatives of the people, because they are elected by the people, or
+appointed by those agents of the people who are elected by the people.
+
+I have intentionally repeated, sometimes over and over, rules and reasons,
+because we must have them in our minds so that they will never be
+forgotten.
+
+Now as above explained, the citizens of each State are guaranteed the
+right to go to another State, and exercise in that other State the same
+rights as the citizens of that State. This is in the spirit of America
+which gives us all equal opportunity. A citizen of Massachusetts going to
+the State of Minnesota has the same rights in Minnesota as the citizens of
+Minnesota have. Minnesota could not discriminate against him because he
+was a citizen of another State. Of course he could not exercise rights
+which the citizens of Minnesota were not entitled to, but all rights of
+the citizens of Minnesota are guaranteed to him while he is in that State.
+
+Now as to the provision which forever bars any religious test as the
+qualification for any office or place of public trust under the United
+States. We have already given serious consideration to the great
+fundamental human privilege which the Constitution guards, the right to
+worship God according to the dictates of one's conscience. We have already
+found that regardless of church or creed each person stands before the law
+equal in our country. The older you grow, the more fully you realize what
+religion means to a great many people in this world, the more fully you
+will appreciate the blessing which came to humanity in these provisions of
+the Constitution. There are some of us who do not belong to any church
+organization, and yet we are intensely interested, because there was a
+time when every person was compelled by law to belong to a church
+organization, to the state church, the state religion. I have already
+explained that we find solemn statutes enacted by the British Parliament,
+as an illustration, which provided for a death penalty for those who did
+not believe in the religion of the state.
+
+There is no religious test which can be made a qualification for any
+office under the United States; nor for any office for any State in the
+Union. There should be no individual discrimination in voting for public
+officials because of the religion or church to which a candidate for
+office may belong. These are sacred, individual rights. Men must be judged
+by their conduct, by their character, by their ability, by their capacity
+to serve the people and their country, not by the religion which one may
+profess.
+
+We must cultivate the spirit of charity toward our neighbors, charity
+which means love, which enables us to maintain a proper spirit of
+toleration for those who differ from us in matters of belief.
+
+ELEMENTARY QUESTIONS
+
+1. Does a citizen have the same rights in California that he does in New
+York?
+
+2. Why is religious belief never made a qualification for office?
+
+3. What is impeachment?
+
+4. Are judges representatives of the people? Why?
+
+5. Can the State of Nebraska enact a law imposing a tax upon merchandise
+shipped into Nebraska from any other State?
+
+ADVANCED QUESTIONS
+
+A. What is impeachment?
+
+B. Describe the manner of trial before trial by jury. Compare the justice
+of the ordeal end wager of battle with the jury system.
+
+C. Show how these provisions make for democracy.
+
+D. Why is the spirit of charity necessary in a democracy?
+
+E. Write a paper on the following:
+
+
+    The Ordeal
+
+    Wager of Battle
+
+    How Englishmen Won the Right to Trial by Jury
+
+
+
+
+
+XXIII. WRONGS UNDER KING GEORGE
+
+
+      The Story Of The Colonists In The Declaration Of Independence
+
+
+When we first read over the numerous guaranties of the Constitution
+protecting the American people in their rights, we sometimes wonder why
+certain provisions were inserted in the Constitution. Being born here in
+America, never having been compelled to submit to the abuse of arbitrary
+power, and always having lived under the Constitution, and always being
+guarded by its provisions against the abuse of power, we can hardly
+understand why it was necessary to make so many provisions against things
+which we can hardly imagine ever happened in human government.
+
+Whenever you have a chance, read somethings of the governments of the
+world under kings or other absolute rulers. In fact, we cannot understand
+the blessings of our government until we know something of what our
+ancestors were compelled to submit to under the governments of the
+different countries of the world a few centuries ago.
+
+While we have in mind the guaranties of our Constitution, it is well for
+us to have clearly in mind some of the definite things which the framers
+of the Constitution had before them, some of the wrongs which the human
+race had endured at the hands of government which the framers of the
+Constitution were determined the people of America would never have to
+endure. You can hardly imagine what little regard or consideration was
+given to human rights in those old days now almost forgotten. I am not
+going to undertake to discuss the problems of government in different
+countries the world.(93) The purpose which I have in mind can be fully
+served by a consideration of the government in this country under the king
+of Great Britain during the years preceding the Revolutionary War. You
+understand, of course, that even at that time a great advance had been
+made in recognizing certain rights of the people. In fact, I think it is
+generally recognized that England before the American Revolution had
+attained nearer to a fairly just government than any other country in the
+world up to that time. There had been many periods during its history when
+the people had asserted themselves and had forced the recognition of
+certain rights by the government--by the king, and yet it was still a
+government by a king. It was a government under a king to which the
+colonies owed allegiance. It was government under a king against which the
+colonies finally revolted. It was government under a king which brought.
+about the Revolution. It was resistance to government under a king which
+inspired the heroes who won the liberty of the new world. It was the
+brutality of a government under a king which inspired the framers of the
+Constitution so carefully to guard against the abuses which the world had
+known before liberty had been established on American soil. I will not
+undertake to recite for you the things which the people were compelled to
+endure under this government of a king. I will let the people of the
+colonies tell their story. You remember that in 1776, after the beginning
+of the Revolutionary War, the people of the Colonies adopted the
+Declaration of Independence which recites in detail the abuses and wrongs
+they had endured under a government by a king. It is one of the most
+dramatic recitals in history. Let these colonies tell their own story. I
+am not going to read the entire Declaration of Independence; I am simply
+going to read the recital therein of the wrongs which came to the people,
+the men, women, and children, the human beings, who up to that time were
+compelled to live here in America under the government of a king.
+
+
+    The history of the present king of Great Britain is a history of
+    repeated injuries and usurpations, all having in direct object the
+    establishment of an absolute tyranny over these states. To prove
+    this, let facts be submitted to a candid world.
+
+    He has refused his assent to laws the most wholesome and necessary
+    for the public good.
+
+    He has forbidden his governors to pass laws of immediate and
+    pressing importance, unless suspended in their operation till his
+    assent should be obtained, and, when so suspended, he has utterly
+    neglected to attend to them.
+
+    He has refused to pass other laws for the accommodation of large
+    districts of people, unless those people would relinquish the
+    right of representation in the legislature--a right inestimable to
+    them, and formidable to tyrants only.
+
+    He has called together legislative bodies at places unusual,
+    uncomfortable, and distant from the repository of their public
+    records for the sole purpose of fatiguing them into compliance
+    with his measures.
+
+    He has dissolved representative houses repeatedly for opposing,
+    with manly firmness, his invasions on the rights of the people.
+
+    He has refused, for a long time after such dissolutions, to cause
+    others to be elected; whereby the legislative powers, incapable of
+    annihilation, have returned to the people at large for their
+    exercise; the state remaining, in the mean time, exposed to all
+    dangers of invasion from without, and convulsions within.
+
+    He has endeavored to prevent the population of these states; for
+    that purpose obstructing the laws of naturalization of foreigners;
+    refusing to pass others to encourage their migration hither and
+    raising the conditions of new appropriations of lands.
+
+    He has obstructed the administration of justice by refusing his
+    assent to laws for establishing judiciary powers.
+
+    He has made judges dependent on his will alone for the tenure of
+    their offices and the amount and payment of their salaries.
+
+    He has erected a multitude of new offices, and sent hither swarms
+    of officers to harass our people and eat out their substance.
+
+    He has kept among us, in times of peace, standing armies, without
+    the consent of our legislatures.
+
+    He has affected to render the military independent of, and
+    superior to, the civil power.
+
+    He has combined with others to subject us to a jurisdiction
+    foreign to our constitution and unacknowledged by our laws, giving
+    his assent to their acts of pretended legislation--
+
+    For quartering large bodies of armed troops among us;
+
+    For protecting them, by a mock trial, from punishment for any
+    murders which they should commit on the inhabitants of these
+    states;
+
+    For cutting off our trade with all parts of the world;
+
+    For imposing taxes upon us without our consent;
+
+    For depriving us, in many cases, of the benefits of trial by jury;
+
+    For transporting us beyond seas, to be tried for pretended
+    offenses;
+
+    For abolishing the free system of English laws in a neighboring
+    province; establishing therein an arbitrary government, and
+    enlarging its boundaries, so as to render it at once an example
+    and fit instrument for introducing the same absolute rule into
+    these colonies;
+
+    For taking away our charters, abolishing our most valuable laws,
+    and altering fundamentally the forms of our government;
+
+    For suspending our own legislatures, and declaring themselves
+    invested with power to legislate for us in all cases whatsoever.
+
+    He has abdicated government here by declaring us out of his
+    protection and waging war against us.
+
+    He has plundered our seas, ravaged our coasts, burnt our towns,
+    and destroyed the lives of our people.
+
+    He is, at this time, transporting large armies of foreign
+    mercenaries to complete the works of death, desolation and
+    tyranny, already begun, with circumstances of cruelty and perfidy
+    scarcely paralleled in the most barbarous ages, and totally
+    unworthy the head of a civilised nation.
+
+    He has constrained our fellow-citizens, taken captive on the high
+    seas, to bear arms against their country, to become the
+    executioners of their friends and brethren, or to fall themselves
+    by their hands.
+
+    He has excited domestic insurrections amongst us, and has
+    endeavored to bring on the inhabitants of our frontiers the
+    merciless Indian savages, whose known rule of warfare is an
+    undistinguished destruction of all ages, sexes and conditions.
+
+    In every stage of these oppressions we have petitioned for
+    redress, in the most bumble terms; our repeated petitions have
+    been answered only by repeated injury. A prince whose character is
+    thus marked by every act which may define a tyrant is unfit to be
+    the ruler of a free people.
+
+
+Now, if there be those who are not satisfied under the present government
+of America, let them reflect. Let them compare their rights to-day with
+the rights of the people subjected to the repeated "injuries and
+usurpations" so eloquently recited by those who founded this government,
+who adopted our Constitution which will forever bar any power from
+exercising "a design to reduce them (the people) to absolute despotism".
+
+Read through this catalog of wrongs endured by the people of the colonies.
+Then read through the guaranties of the Constitution. You will find that
+in large part the guaranties of the Constitution were inspired by the
+wrongs recited by the people when they proclaimed their independence.(94)
+
+I said that this recital is dramatic. It is also pathetic. Listen: "_In
+every stage of these oppressions we have petitioned for redress in the
+most humble terms; our repeated petitions have been answered only by
+repeated injury._" Is it any wonder that the Constitution of the United
+States should provide that "Congress shall make no law ... abridging ...
+the right ... to petition the Government for a redress of grievances"?
+
+Is it any wonder that we find in the Constitution guaranties of freedom of
+worship, freedom of speech and of the press, the right of the people to
+bear arms, the right of the people to be secure in their persons, houses,
+and papers, the right to a speedy jury trial when accused of crime, and
+the right to a trial in the district where the offense was committed
+instead of being sent beyond the seas? When we read of the wrongs endured
+by the people under the government by a king we can readily understand why
+the people put into their Constitution a guaranty that a person no matter
+how poor shall have an attorney to defend him, shall have his witnesses
+brought into court at government expense, that excessive bail shall not be
+required, and cruel and unusual punishments shall not be inflicted, that
+slavery is forever abolished on American soil, that the property of every
+person, rich or poor is sacred, and that even the government of the United
+States cannot take it for public use without just compensation, that every
+person shall have equal protection of the law, and if wrongfully
+imprisoned he can secure his release by writ of habeas corpus. You can
+readily see that all these guaranties of the Constitution and many others
+which we have been studying were intended to give protection to the people
+from wrongs which the people had suffered throughout the world under the
+different forms of government existing before America was born.
+
+From the stirring story related by the people in the Declaration of
+Independence of the injustice which they had to suffer under a king, you
+can see how carefully future generations of people upon American soil were
+guarded by the Constitution against the wrongs which our forefathers had
+endured.
+
+ELEMENTARY QUESTIONS
+
+1. When was the Declaration of Independence signed?
+
+2. How long did the colonists of America continue under government by a
+king?
+
+3. How did it happen to be drawn up?
+
+4. Compare each sentence of this quotation (pages 167, 168) with the
+guaranties that you have discussed in class.
+
+ADVANCED QUESTIONS
+
+A. Discuss in detail the reasons for the coming of the American colonists.
+
+B. Discuss in detail the contrasts noted in Note 2. Review the previous
+study with reference to our Declaration of Independence.
+
+C. Write a paper comparing the solution found in the Constitution with the
+grievances noted in the Declaration.
+
+D. Discuss a method by which this might be brought to the attention of the
+Socialists, Anarchists, and Bolsheviki who are criticising our government
+to-day.
+
+
+
+
+
+XXIV. SHALL ANY PART BE REPEALED
+
+
+       What Provisions Would You Have Taken Out Of The Constitution
+
+
+We have discussed the main personal guaranties of the Constitution. There
+is a large part of the Constitution which we have not yet considered. Not
+because I do not regard it as important--it is all important--but because
+the personal guaranties are of the highest importance. They constitute a
+Bill of Rights, a bill of individual rights, of your rights and my rights.
+These rights are clearly defined and carefully guarded.
+
+I heard a man say the other day that the Constitution ought to be
+abolished, that it was an obstacle to human progress.(95) He did not say
+why. That is the trouble with a lot of people in this world; they are ever
+ready to destroy, but are never ready to aid in building up. Their purpose
+is destruction, not construction. You will hear a great deal of complaint
+about the Constitution. I have heard complaint about the Constitution.
+This is our Constitution. We are directly interested in defending it
+against all attacks if it is a good thing for us. If it is a bad thing we
+are all interested in having it repealed. And of course you now fully
+understand that the people have the power to repeal every line of the
+Constitution if they want to.(96)
+
+So this morning I wish to submit to you a fair question. _What is there in
+the Constitution that you think should be taken out of the Constitution?
+What is there that should be repealed?_ I do not ask you to answer that
+question now. I want you to think it over carefully. Go over each and
+every word of the Constitution carefully. Talk it over with your father
+and your mother. Talk it over with your friends, the boys and girls who
+are studying this subject with you, and some day present to your teacher
+or to me a statement of the part of the Constitution that you think ought
+to be repealed. Of course, to come to a just conclusion on this question
+you must not only look at the language of the Constitution but you must
+take into consideration the purpose of each provision of the Constitution.
+That is why we have been studying the Constitution in detail. That is why
+we have considered in a general way something of the problems of the human
+race under the past governments of the world. It is after all a simple
+question--what is good for the people, and what is not good for the people.
+What is good for _all_ the people--not for any special class. The
+Constitution has been in existence, most of it, for considerably more than
+a hundred years. During that more than one hundred years what a wonderful
+development there has been in this country, development not alone in
+property and in wealth, because after all that is not the main thing, but
+development in human opportunity! What a wonderful expansion there has
+been of human rights! What a splendid example we have had of the
+maintenance and protection of human liberty! What wonderful legislation
+has been enacted by the people during those years to make life easier for
+the average man!(97)
+
+Consider all these things and then say frankly whether or not any
+provision of the Constitution should be taken out. In other words, would
+the repeal of any single personal guaranty, which we have been considering
+in these lessons, help men, women, and children? Would it make life
+easier? Would human liberty be better protected? Would the objects of
+government, the right to life, liberty, and the pursuit of happiness, be
+more effective?
+
+The Constitution is a sacred document, but there is nothing more sacred
+than the right to life and liberty and happiness. Therefore do not
+hesitate to deal fearlessly with the Constitution, but deal with it
+reverently. It was intended as an aid to humanity. If it does not serve
+that purpose it should be abolished. If any provision of the Constitution
+is not an aid to humanity in America let us repeal that provision. Be
+fearless; be also cautious. Be careful in any change to avoid the ills
+which we have, that we do not invite other and more grievous ills that we
+know not of.
+
+The American people owe to themselves, to their children, and to their
+country, the solemn duty to give earnest consideration to our
+Constitution. They owe the solemn duty, if the Constitution is serving a
+great purpose for the people of America, to defend it against all those
+who may attack. They owe the duty to uphold it and to guard it. It is a
+sacred trust and this trust cannot be executed except through
+intelligence, earnestness, patriotism, and loyalty.
+
+Therefore, if there be defects in the Constitution, pick them out and let
+us unite in removing them, because the cause of humanity is greater than
+the cause of fidelity to any law or constitution ever enacted by the
+people.
+
+ELEMENTARY QUESTIONS
+
+1. Why are we interested in the Constitution?
+
+2. Why should we defend it from all attacks?
+
+3. In what way can we best defend the Constitution?
+
+4. Why should we wish to modify it?
+
+5. Just how can the Constitution be modified?
+
+6. What should be the spirit in which we should enter upon the
+consideration of amendments to the Constitution?
+
+7. Just what should be the argument for any changes?
+
+8. Make a list of some of the modifications you think should be made.
+
+9. Arrange a debate on each one of these.
+
+ADVANCED QUESTIONS
+
+A. What is the fallacy of the I. W. W. constitution?
+
+B. How would you meet their argument?
+
+C. List the standards which should be used to measure the worth of any
+suggestion of amendments to the Constitution.
+
+D. Discuss the process by which former amendments have been made.
+
+E. Write a paper on any amendments which you think should be adopted to
+take anything out of the Constitution.
+
+
+
+
+
+XXV. AMENDING THE CONSTITUTION
+
+
+      The Power Of The People--What Provisions Should Be Added To It
+
+
+This morning we are going to apply another test to the Constitution of the
+United States. I have already asked you to analyze and study the
+Constitution carefully, each provision of the Constitution, to see if
+there be any portion that should be taken out. This morning I am going to
+ask you to study the Constitution with a view of determining what, if
+anything, you wish added to the Constitution. Do not assume that I em
+imposing a duty which should only be undertaken by some learned lawyer or
+statesman. This Constitution is a Constitution of the whole people and it
+must be upheld and defended, not only by lawyers, judges, and public
+officials, but by the people in every walk of life, by the children as
+well as by fathers and mothers, by the poor as well as the rich.(98)
+Therefore I come to you who are children to-day but who in a few short
+years will be making the laws of this country through your votes at the
+ballot box. I ask you to decide not only what, if anything, should be
+taken out of the Constitution, but I ask what, if anything, should be
+added to the Constitution; and again I want you to form your own opinions
+about this after a careful study, after conference with your parents and
+with your friends. It is a strange thing that we seldom hear any one
+talking to his neighbor about the Constitution. People when they get
+together talk about all sorts of things, serious and frivolous, but you
+seldom hear them discussing the gravest problem in human life, which is
+human government. Do not be afraid to take up the subject with your
+friends. Do not be afraid to discuss with your friends some provision of
+the Constitution. You are having a special advantage in being able to
+study the Constitution while many of your neighbors never had such an
+opportunity.(99)
+
+What can we add to the Constitution which will make it more effective as
+an instrument in the protection of life, liberty, and property for us here
+in America?
+
+Remember, we the American people can add anything to the Constitution that
+we wish. Nineteen amendments to the Constitution have already been adopted
+by the people. Do not feel discouraged because it takes a little time to
+secure the adoption of an amendment. The Constitution should not be
+amended hastily, but only after grave thought and earnest consideration.
+
+If we can only think of something to add to the Constitution which would
+be a good thing for the whole people of America, I will guarantee that we
+will have no difficulty in having it added to the Constitution. Of course
+it will take earnest effort, but shaping the destiny of more than
+105,000,000 people is a grave matter. The Constitution is the protection
+of the rights of each individual and therefore any change in the
+Constitution merits most earnest consideration upon the part of each one
+of us.
+
+Think it over and advise me some day or inform your teacher of anything
+that you can think of which, if added to the Constitution, would improve
+this Nation as a country in which the people rule, anything which would
+make the rule of the people more complete. That is the big thing after
+all--the rule of the people, because when the people can rule themselves,
+they ought to get out of life everything which they are entitled to by
+their individual merits, ability, and effort. Always keep in mind that
+there is no way by which a government of the people and by the people can
+equalize opportunity for those who will not seek the advantages which are
+open to them. No Constitution and no law can equalize industry and
+idleness. No scheme of government can provide bread for those who will not
+toil. It is impossible that human happiness can be guaranteed to those
+whose lives are spent in wickedness and wrongdoing.
+
+So, my friends, after due thought and deliberation, prepare your
+amendments to the Constitution of your country. Do not hesitate because
+you may think that you cannot put them in proper form. The form is not
+important; the idea is the great thing. Perhaps it may be that out of the
+mind and out of the heart of some pupil in this school may come some day a
+great idea which, incorporated into the Constitution or the law, may bring
+added blessings to the American people.(100) I know of no power on earth
+which can tie the hands of the American people in any effort toward
+enlarging the powers of the people, which will better guard life and
+liberty. We have seen how many safeguards were adopted by the framers of
+the Constitution to protect each and everyone of us against the abuse of
+power by the government maintained by the people. We have seen how
+earnestly the framers of the Constitution guarded each individual against
+wrongful conduct on the part of any servant of the people in any official
+position. _Perhaps some one in this class may discover an additional
+guaranty which would be helpful. If so, duty demands that the same shall
+be made part of the fundamental laws of our country, the Constitution of
+the United States._
+
+As you read of America, as you think of its Constitution and laws, don't
+you feel a sense of power, a sense of pride?
+
+If Mr. Allen who owns the big department store on Main Street were to come
+here some morning and make each one of you a gift of an interest in his
+store, if he should make you partners with him in his entire business, you
+would feel grateful and proud. What an intense interest you would take in
+the store and all the details. You would talk about it at home and to your
+neighbors and friends. Each of you would begin to study the business. You
+would take pleasure in reading about merchandise, prices, and business
+methods.
+
+Well, we are all partners in this great Nation. Liberty is more valuable
+than merchandise or profits. If someone stronger than you should undertake
+to take away your liberty, you would fight for it and die for it if
+necessary.
+
+Being partners in America, won't you study America? Won't you talk about
+the blessings of America at home and to your neighbors? Won't you study
+the problems of America so that each succeeding year it can pay greater
+profits in freedom and justice and righteousness?
+
+ELEMENTARY QUESTIONS
+
+1. What do your parents say about changes in our Constitution?
+
+2. How would you advise them to act?
+
+3. Can you tell them how changes in our Constitution can be made?
+
+4. Why is it necessary that each one of us take a personal interest in OUR
+Constitution?
+
+ADVANCED QUESTIONS
+
+A. How would you meet the argument of the radical who wants a revolution?
+
+B. How would you show others that we have a great partnership in America?
+
+C. What two ways are possible for constitutional amendments?
+
+D. List a series of additions that you think should be made to the
+Constitution.
+
+E. Write a paper upon some one amendment to our Constitution that you
+believe to be worthy of adoption.
+
+
+
+
+
+XXVI. MACHINERY OF THE GOVERNMENT
+
+
+The Agencies, Officers, And Methods For Exercising Powers Of The National
+                                Government
+
+
+Now my friends, we have reached the end of discussion of the personal
+guaranties of the Constitution--the American Bill of Rights.
+
+As I have heretofore stated, this is the real, important part of the
+Constitution, because it is in a study of these guaranties that we fully
+realize the blessings of our free American government. Any one who has
+earnestly considered this great American Bill of Rights can readily answer
+the question, "What has America done for me and for my children"?
+
+But I would not have you feel that the other parts of the Constitution are
+of small concern. Each provision of this great charter of human rights is
+very important, and worthy of careful study.
+
+Article I of the Constitution provides that all legislative powers granted
+"shall be vested in a Congress of the United States, which shall consist
+of a Senate and House of Representatives". Now you will understand of
+course that up to the time the Constitution was adopted, the United States
+had no power; in fact there was no United States. The colonists through
+the Articles of Confederation had attempted to establish a Nation which
+was designated "The United States of America", but the result of their
+efforts was really a confederation, and not a real union.(101) _The Nation
+was formed by the adoption of the Constitution._ The Nation formed was in
+the nature of a partnership. I suppose you know but little about
+partnerships organized by individuals. A partnership is generally formed
+by a written agreement signed by the partners. This agreement usually
+contains provisions as to the share or interest of each partner, the power
+of the partners and of the partnership, and the objects and purposes of
+the partnership.
+
+The United States is a partnership between the people and the Nation. The
+Constitution is a partnership agreement binding upon all the parties to
+the agreement. Before the adoption of the Constitution the people
+possessed all the power of government and governmental action. The people
+gave some of their power to the Nation, but only a small part of the power
+of the people was given. Always bear in mind that the United States--the
+Nation--has no power, and never had any except what the people granted in
+the Constitution and in the amendments thereto.
+
+You will see in Section 8 of Article I the specific powers granted to
+Congress by the people. They include the following: lay and collect taxes;
+pay debts; provide for defense and for the general welfare; borrow money;
+regulate commerce among the States and with foreign nations; provide for
+naturalization and uniform rules of bankruptcy; coin money, regulate the
+value thereof, and fix the standard of weights and measures; punish
+counterfeiting; establish post offices and post roads; protect authors and
+inventors by copyrights and patents; establish courts; punish piracies and
+felonies on the high seas; declare war, raise, and support armies; provide
+and maintain a navy; provide for organizing armies, for disciplining the
+militia, and for calling them to serge in certain emergencies; exercise
+exclusive power of legislation "over such District (not exceeding ten
+miles square) as may, by Cession of particular States, and the acceptance
+of Congress, become the Seat of the Government of the United States"; make
+all laws necessary and proper for carrying into execution the foregoing
+powers "and all other Powers vested by this Constitution in the Government
+of the United States, or in any Department or Officer thereof."
+
+So you see large powers were granted by the people to the new Nation.
+
+However, the people were very careful. Nearly every government in the
+world, before the organization of the United States, had at times proven
+false to the people. Many governments were false to the people all the
+time. Indignities and abuses were often heaped upon helpless men, women,
+and children. Governments were more often maintained to serve royalty or
+aristocracy than to protect the rights and liberties of the common people.
+Therefore when it came to organizing this new Nation, the people were
+careful to guard against the abuses of the past. Thus they not only
+specified definitely the powers conferred upon the United States, but
+(Sections 9 and 10 of Article I) positively stated certain things which
+the United States could not do.
+
+_The people also were suspicious._ The experience of the human race with
+governments justified this suspicion. When the Constitution was submitted
+to the people, many protested that the individual liberties of the people
+were not sufficiently guarded; and before the people consented to ratify
+the Constitution, it was necessary that they should be given assurance
+that upon the ratification of the Constitution, amendments would be
+proposed and submitted to the people, expressing clearly the guaranties
+given to the people against improper exercise of power by the National
+government and especially protecting the liberty of all the people. These
+amendments, which constitute the Great American Bill of Rights, were
+proposed by Congress in 1789 and were ratified by the States in 1791.
+
+Now let us get the foregoing brief summary fixed in our minds.
+
+The Constitution is a partnership between the people and the Nation in
+which the people (1) grant to the Nation certain specific powers; (2)
+restrain the Nation from exercising powers not granted; and (3) in many
+particulars direct the manner in which the powers granted shall be
+exercised. The Constitution also provides for what may be termed the
+"machinery of government". It separates the powers of government into
+three divisions: the legislative, the executive, and the judicial. It then
+provides for the officers (the agents or servants of the people), who
+shall exercise the powers of each department, and prescribes certain
+qualifications for such officers, the methods of their selection, and the
+terms of such officers.
+
+In Article I we find certain qualifications for Senators and
+Representatives--the length of their term of service. Senators are elected
+for six years, Representatives for two years. There are also certain
+provisions as to their election, the organization of the Senate and House,
+to some extent the method of procedure, and direction as to the exercise
+of certain powers.
+
+Article II of the Constitution fixes certain qualifications for President
+of the United States, the executive head of the Nation; provides the
+manner of the election of the President and the Vice President, confers
+certain powers and duties, provides that the term of office of President
+and Vice President shall be four years, and designates the causes for
+which they may be removed by impeachment.
+
+Article III of the Constitution provides for courts and judges, and fixes
+their jurisdiction--their power--and gives direction as to trial and penalty
+in certain cases.
+
+Thus we find that the Constitution guarantees a National government (a
+republican form of government), confers certain powers formerly held by
+the people, provides an executive to enforce the powers granted, a
+legislative body to make laws under which the powers may be exercised, and
+establishes courts to construe and apply the laws enacted, to the end that
+human rights and liberties shall be protected.
+
+Let us carry in our minds this picture of the people of the colonies, who
+through generations had struggled with royalty to secure the blessings and
+liberties for which they had come to the New World. In the local
+government of the colonies much had been done to apply the principles of
+liberty, but in their relation to the mother country they had endured
+abuses and sufferings, which finally in 1776 found expression in the
+Declaration of Independence.
+
+In an effort to unite their strength they had formed a federation of the
+thirteen States, but their dreams of a free country were not realized
+until in the Constitution they had formed the "more perfect Union" which
+was created to "establish Justice, insure domestic Tranquility, provide
+for the common defence, promote the general Welfare, and secure the
+Blessings of Liberty to ourselves and our Posterity".
+
+Now let us bear in mind that the people reserved much of their power,
+which under the plan of government adopted was to be used in their
+respective States under Constitutions and laws expressing the will of the
+people with relation to their domestic affairs. At our next meeting, we
+shall consider briefly something of the Constitutions of the States, where
+they come from, and the wonderful purpose they serve in carrying out the
+scheme of the people in actual self government.
+
+ELEMENTARY QUESTIONS
+
+1. Why are the individual guaranties of the Constitution so important?
+
+2. What is meant by legislative power?
+
+3. In whom is the legislative power of the United States vested?
+
+4. When and how was the Nation formed?
+
+5. What is a partnership? How is it usually formed?
+
+6. From whom did the United States obtain its power?
+
+7. State the terms of service of: (a) the President, (b) Senators, (c)
+Representatives, (d) the Vice President?
+
+ADVANCED QUESTIONS
+
+A. Tell some of the powers conferred by the people upon the United States.
+
+B. Into what departments does the Constitution separate the powers of
+government?
+
+C. At the time of the adoption of the Constitution, why were the people
+suspicious?
+
+D. Name some officers now in service of the National government: (a) in
+the executive department, (b) in the legislative department, (c) in the
+judicial department.
+
+E. Write a statement of the attitude of the people of the States when the
+Constitution was submitted to them for ratification, what was the subject
+of public discussion, what parties were formed, and what was done to
+secure the consent of the people to ratify the Constitution?
+
+F. Write in 100 words or less a summary of what the United States
+Constitution is.
+
+
+
+
+
+XXVII. STATE CONSTITUTIONS
+
+
+    The Grant And Limitations Of Power Expressed By The People In The
+                       Constitutions Of The States
+
+
+Every human organization had a beginning. This is a large city in which we
+now live, but there was a time within the memory of men still living, when
+there was nothing here but an unbroken prairie. A log cabin was the first
+building where the city now stands. Then came the cultivated fields. A
+flour mill was erected down on the river bank, then a blacksmith shop, a
+store, a livery stable, some modest dwellings, then a school house, and a
+church. Thus came the little village which through the years has slowly
+grown into the present city.
+
+Thus came all the cities, and thus came the States. There was a time not
+so long ago when there were no white people within what is now the borders
+of our State. There was the "first white settler", the first cultivated
+patch of ground, the first log house, the little settlements, the lonely
+log cabins in between, and then the State.
+
+Thus were the thirteen colonies founded, and thus were founded the
+thirty-five States which have been admitted to the Union since the
+adoption of the Constitution.
+
+Every human organization with any degree of permanence has something in
+the nature of a constitution. It may be in writing, it may be oral, or it
+may rest in a mutual understanding expressed only by acts and conduct. It
+may be manifest from customs which have been observed by all the members
+of the group.
+
+The proud boast of America is that it was the first Nation in the world
+which adopted a complete written Constitution binding upon the Nation and
+upon the people, a Constitution which provides for courts with the power
+of restraining the Nation and the individual from acts or conduct which
+violate its provisions, designed to guard human rights.
+
+Until the Declaration of Independence in 1776, the colonies in their joint
+efforts for liberty and justice, were called the "United Colonies"; but
+after independence was proclaimed, this title gave place to that of "The
+United States". Thereupon eleven of the thirteen States adopted
+Constitutions. In two States--Connecticut and Rhode Island by an act of the
+legislature, the existing charters were continued in force so far as
+consistent with independence. These Constitutions all came into being
+before the adoption of the Constitution of the United States. Of course
+they were far from perfect, and all have been amended from time to time,
+so that now the Constitution of each State provides a truly American
+system of government.(102)
+
+Nothing in the Constitution of the United States requires that each State
+shall have a written Constitution, but the wonderful achievement of the
+people in creating the Constitution of the United States has been a guide
+and inspiration to the people of the States, and each State has adopted a
+written State Constitution, following the method and spirit of the
+colonists in the long ago, drafting the Constitution in a convention of
+delegates and ratifying it by another special convention or by the vote of
+all the people.
+
+Then as each new State was admitted to the Union, a Constitution was
+adopted.(103) By the Constitution of the United States, Congress has the
+power to admit new States, thus by implication controlling the subject
+matter of the original Constitution of each State admitted.
+
+It is not my intention to consider in detail the Constitutions of the
+various States. This is not essential to the purpose which I have in
+talking to you. I am very anxious that you shall realize that each State
+is a separate sovereignty; that when the people created the United States,
+and adopted the Constitution of the United States, they give to the United
+States limited power; that the plan of government contemplated that each
+State should have its own Constitution; and that in each State the people
+should enact their own laws governing the conduct of the people in their
+respective States.
+
+An examination of the Constitutions of all the States will show how
+carefully the people of each State incorporated in their State
+Constitution the great principles of government, and the guaranties of
+liberty which were so carefully provided in the Constitution of the United
+States.
+
+Different language is used in the different State Constitutions, but in
+each it will be found that the government of the State, as of the United
+States, is divided into three departments--the executive, the legislative,
+and the judicial; that the executive power in the States is vested in a
+Governor; that the legislative power rests in what is usually termed a
+"General Assembly" consisting of a Senate and a House of Representatives,
+modeled after the Congress of the United States; that the judicial power
+is to be exercised by courts--a Supreme Court and other courts designated
+as District Courts, Circuit Courts, and many other titles, varying in
+different States.
+
+Public officers, servants of the people, are provided for, and usually
+their selection is by vote of the people at general elections for which
+provision is made.
+
+The really important thing in the State Constitutions, as well as in the
+Constitution of the United States, is the Bill of Rights specifically
+guarding the natural rights and liberties of the people.
+
+The guaranties in the State Constitutions are not all uniform, but as a
+general thing you will find that each State has incorporated in its
+Constitution those sacred guaranties which in the Constitution of the
+United States form the real foundation and protection of human liberty.
+
+Always bear in mind that the Constitution in each State, as in the Nation,
+is an instrument of fundamental law, or body of laws, which prescribes the
+form of government, fixes the different departments of government,
+provides the agencies of government, and declares and guarantees the
+rights and liberties of the people.(104)
+
+The Constitution of the United States is the Supreme law of the land, and
+the Constitution of each State is the supreme law of the State. These
+Constitutions must be respected, and must be obeyed; and any law enacted
+by the legislature of a State or by the Congress of the United States
+which is contrary to the provisions of the Constitution is null and void.
+
+By their Constitution the people of a State proclaim and establish their
+power superior to the power of the legislature of the State or any officer
+of the State. The power expressed in the Constitution is the power of the
+people. They have, by their solemn document--the Constitution--established
+certain rules, regulations, principles, and guaranties, which cannot be
+changed by ordinary legislation.(105) Of course the people can change and
+modify the Constitution of State or Nation. Every Constitution provides
+some method of amendment. Some States provide for a constitutional
+convention from time to time, where the people through their
+representatives selected for such a purpose assemble to consider the
+question of change or modification. In other States the legislature may
+propose amendments which must be submitted to the people for their
+approval. In all States some procedure is provided which requires careful
+deliberation and consideration by the people before the Constitution is
+changed.(106)
+
+Now it is very important that every citizen shall have a knowledge of the
+Constitution of his State. It is of the highest importance that every man,
+woman, and child shall know and feel the solicitude, the care, which has
+been exercised in the framing of the Constitution to guard individual
+rights.
+
+As I have heretofore explained, the purpose of government is to guard
+human rights and human liberty. This is true of the government of the
+United States, and it is true of the government of each State. Always keep
+in mind that in this country, what we call "the government" is merely an
+agency of the people--an expression of the power of the people in a defined
+way, agreed upon by them, through which they protect themselves against
+wrong by the agencies of government which they have created, and against
+wrong by their neighbors.
+
+Inspiring indeed is it to contemplate the spirit in which the founders of
+the American Nation and of the States of America studied the methods by
+which human rights should be protected. They were unselfish; they were in
+the highest degree inspired by a holy purpose to guard the people of
+America against the wrongs, the abuses, the cruelty which their ancestors
+in the past had suffered; and to accomplish their purpose they exercised
+the greatest care to maintain the power of government in the people
+themselves--the power to make laws and to enforce them.
+
+I suppose it may be said that the highest achievement of the American
+people in creating a National government and the governments of the States
+is expressed in the words of Lincoln when he proclaimed this to be "a
+government by the people".
+
+ELEMENTARY QUESTIONS
+
+1. What is a village?
+
+2. What is a State?
+
+3. When were the colonies first called States?
+
+4. What States adopted Constitutions before the adoption and ratification
+of the Constitution of the United States?
+
+5. Can the people of the State of New York enact a law punishing a person
+for coining silver dollars? Why?
+
+6. Can Congress pass a law Sting the punishment of a person for stealing a
+horse in the State of Michigan?
+
+7. When was the State in which we live admitted to the Union?
+
+8. Who framed the Constitution of this State?
+
+ADVANCED QUESTIONS
+
+A. What is a constitution?
+
+B. Explain fully how a Constitution of a State comes into, being.
+
+C. Must a constitution be in writing? If not, what may be its form?
+
+D. State how the Constitution of the United States may be amended.
+
+E. In what way may the Constitution of a State be amended?
+
+F. Write briefly telling the advantages of a written constitution.
+
+G. State in writing the power of the courts in exercising their power and
+duty of defending the Constitution. Give an illustration.
+
+H. Write an explanation of the power and influence of the Constitution of
+the United States in guiding the people in framing the Constitutions of
+their States, and in what things the Constitution of the States follow the
+Constitution of the United States.
+
+
+
+
+
+XXVIII. THE SUFFRAGE
+
+
+     The Significance Of The Nineteenth Amendment To The Constitution
+
+
+This meeting was at night. Some of the parents who had attended the talks
+from time to time had requested that the last meeting be held at night so
+that some of the busy fathers and mothers might come. The assembly room
+was crowded, and although extra chairs had been placed in the aisles,
+there were a number of people standing. The principal said that it was the
+largest crowd that he had ever seen in the room.(107)
+
+First everybody arose and sang "The Star Spangled Banner", and when the
+meeting closed, the audience joined in singing "America".(108) The judge
+was greeted with loud applause. He said:
+
+I am happy to-night. This meeting is an inspiration. It is a real
+community meeting, a real American meeting. If meetings like this were
+held once each week or once every two weeks in every school building in
+the United States I should not fear socialism or bolshevism or anarchy.
+Such ideas cannot live in a community where the people really know each
+other. There are no class lines here to-night. You are too close together.
+I see a banker over there whom I have known for thirty years. He was
+brought up in this city, attended this school, and has spent his whole
+life here. His success in life came to him among old friends in the
+community where he was born. Near him I see a bricklayer. I have known him
+and respected him since boyhood. We played on the same baseball team when
+we were both younger and could run faster than we can now. He went to the
+Washington school. The children of these men are in this school now. In a
+few years they will be grown men and women doing the work that we shall
+have to give up soon.(109)
+
+So with most of the people in this room to-night. They were born here,
+went to school here, and they have worked here all their lives. Some
+followed one occupation, some another. This was a matter of their own
+choice. Their children are now growing up, as they once grew up. Soon they
+will be selecting their life work. Soon they will be voting and performing
+other duties of citizenship. Soon you and I, fathers and mothers, will
+pass off the stage of life. Soon we shall be forgotten by all except the
+few who compose the family circle, who love us notwithstanding our faults.
+
+For a few weeks I have been acting as teacher. I have been trying hard to
+bring into the minds and hearts of the pupils in this school something of
+the sacredness of human liberty, something of the cost of American
+liberty, the sacrifices, the struggles, the bloodshed, the heartaches, and
+heartbreaks which finally triumphed when our Constitution was adopted. I
+have endeavored to explain that the Constitution is not a mere skeleton or
+framework, defining the relation of the Nation and the States and
+providing for the election of officers to carry out the plans of the
+National government. I have repeatedly told the great truth that in
+America there is more freedom, justice, charity, and kindness than in any
+other Nation in the world. I have pointed out that in America we have in
+our Constitution written guaranties of life, liberty, and property rights
+such as no other Nation in the history of the world ever had. We have
+found that this is a government by the people, that the people rule, that
+the few cannot rule unless the many refuse to perform their duties as
+citizens of this great republic. Oh! if we can only put in the hearts of
+the American people a realization of the _power_ and the _duty_ of the
+people!
+
+To-night I wish to present briefly something of the manner in which the
+people express their power, the method by which the people disclose their
+wishes in public affairs. The Star Baseball Club, the Irving Literary
+Society, the City Teachers Association, the Woman's Club, the Charity
+Guild, these are all mere organisations of people. _That is all that
+America is._ These organizations have written constitutions. _So has
+America._ These organizations must have laws or rules of conduct, aside
+from their constitutions. _So must America._ These societies must have a
+policy and transact business. _So must America._ In adopting laws or rules
+of conduct these societies secure an expression of the wishes of their
+members. These wishes are generally expressed by their votes, sometimes by
+ballot and sometimes orally in a meeting.
+
+America secures an expression of the wishes of the people by their votes.
+The votes of the people either in writing or printed are cast on election
+days fixed by laws enacted through the vote of the people. In no other way
+can the wishes of the people be made known. It, is through the ballot that
+the people exercise their powers. It is through the ballot that America is
+governed.(110)
+
+I wonder if the people of America generally realize what a wonderful thing
+it is that a government as large as ours must depend entirely upon the
+wishes of the people expressed by their vote on election day. I wonder if
+they realize that in this way the people rule. On election day we see
+something of the equality of the people. If you go near the polling place,
+you will see the president of the bank, perhaps, or the president of the
+railroad walking side by side with the hodcarrier or the brakeman on the
+train. In the voting booth each has the same power in helping to shape the
+destiny of their country.
+
+In a way this is a new method of government. Only in a country where there
+is a government by the people do we find such a thing as the right of all
+men regardless of property, race, or creed to exercise the same power in
+the ballot box.(111)
+
+From the beginning America has led in granting the right of suffrage, the
+right to vote. In the early days in some of the States a man had to own a
+certain amount of property before he could vote, but this has not been
+true for more than fifty years. _Now a new day has come._ After a struggle
+for generations, the right to vote has been conferred upon all female
+citizens, regardless of property, social position, religion, or race. It
+has been a long struggle and now that victory has been won for equal
+suffrage, is there anyone who will still contend that in this country the
+people do not rule?
+
+Who has conferred this great privilege upon the women of America? The
+voters of America decided that every State should grant this privilege.
+
+The amendment to the Constitution is as follows:
+
+"_The right of citizens of the United States to vote shall not be denied
+or abridged by the United States or by any State on account of sex._"
+
+The people did not vote directly upon this constitutional amendment, but
+they voted for the members of the House and the members of the Senate who
+voted for the amendment and they voted for the members of the legislatures
+of the different States which ratified the amendment. Thus the
+responsibility rests with the people. This is true of course as to nearly
+all the laws enacted by State and Nation--the people do not vote directly
+upon them, but they select their agents, who, under the law, are
+authorized to act for them.
+
+Under this amendment we have the written guaranty in the Constitution that
+so far as men and women are concerned they shall have equal rights to
+vote.(112)
+
+Perhaps you were not in favor of woman suffrage. Many good men and women
+were opposed to it. Many are still opposed to it. This is a good
+illustration of the way we do things in a democracy. We have different
+temperaments, different dispositions. We are reared in different
+surroundings. We have different interests. We look at life in different
+ways. Each of us has a right to his opinion and each of us has the right
+to express it by our vote. When we finally vote, a decision is made. If we
+belong to the majority, we find that our wish is carried out. If we are in
+the minority, we cheerfully follow what the majority of the people, what
+most of the people in America desire.
+
+The thing that I wish to impress to-night is that to vote on election day
+is not only a right, it is a duty. Whether we were for woman suffrage or
+not it has come. It is settled. It brings into power twenty-seven million
+new voters. Each of these women, whether she desires it or not, must
+assume this new share of the responsibilities of government. It is a
+patriotic duty. At every election we must cast our votes. Before every
+election we must study the issues, the problems to be met. Unless we do
+that we are failing in patriotism and loyalty. Unless we vote we are not
+good citizens.
+
+Now I must close. I hope that the talks I have given in this school have
+planted in the hearts of boys and girls, and possibly in the hearts of
+grown men and women, something of the simple truth of American life,
+something perhaps of the privileges of American citizenship and something
+of the duties that we all owe in return.
+
+I have promised the principal of this school that next term I will again
+appear and present some new topics. I wish to talk to the boys and girls
+about authority and obedience, the source of authority and the duty of
+obedience. I wish also to talk about the making of laws, the origin of
+laws, how they are put in form and finally enacted by the people. I wish
+to talk about our public servants, because one of the important things for
+each citizen to know is that from the President of the United States down
+to the constable of the humblest village, all officers are mere servants
+of the people and that no officer in America is in his official capacity
+master of any man, woman, or child. I wish to impress as far as I am able
+the great truth expressed by Chief Justice Marshall when he said long
+years ago, "This is a government of laws and not of men."
+
+ELEMENTARY QUESTIONS
+
+1. Show the ways in which the United States is just like a small club?
+
+2. Why must we always vote?
+
+3. Why is it right that women should vote?
+
+4. Show that this is more than a privilege: it is a duty.
+
+5. Imagine some person saying that America is only for the rich. Review
+all the work that we have done, and show how it is just as fair to the
+poor man as to the rich.
+
+ADVANCED QUESTIONS
+
+A. Re-read the questions to chapters one and two. Note the difference in
+your answers.
+
+B. Map out a program so that you can show to all critics of America the
+ways in which the Constitution of the United States gives to all Americans
+the rights to LIFE, LIBERTY, and the PURSUIT OF HAPPINESS.
+
+C. You can now answer fully the question, "Why is America the most free
+and most just Nation on the globe?"
+
+D. What did Chief Justice Marshall mean when he said, "This is a
+government of laws, and not of men."
+
+E. Prepare in writing a constitution for the "Lincoln Debating Club".
+
+
+
+
+
+A WORD TO THE THE TEACHERS AND OTHERS
+
+
+"The very essence of civil liberty certainly consists in the right of
+every individual to claim the protection of the laws whenever he receives
+an injury. One of the first duties of government is to afford that
+protection. The Government of the United States has been emphatically
+termed, a government of laws, and not of men. It will certainly cease to
+deserve this high appellation, if the laws furnish no remedy for the
+violation of a vested legal right."
+
+These words of Chief Justice Marshall in Marbury v. Madison, 1 Cranch,
+137, are the most significant and far reaching in their effect upon human
+government that were ever uttered by the lips of man.
+
+"A government of laws and not of men." This expresses the fundamental
+difference between the government of this great American republic and all
+other systems of government devised by man before the Constitution of the
+United States came into being.(113)
+
+Government has been the great problem of the human race throughout all the
+ages since mankind first started out upon the great highway of life. The
+greatest problem men have ever been called upon to solve is "how they
+might live together in communities without cutting each others throats".
+
+As we look back at the warring world of yesterday, yea as we look at the
+warring world to-day (1920), we are reminded that the history of the human
+family tells a long, sad story of war and bloodshed and death. The path
+which humanity has traveled stretches back into the dim distance, a long
+gleaming line of white human bones. The flowers, the trees, and the shrubs
+along the way have been nurtured by the red blood that flowed from human
+hearts. All over the world the battle has waged; away down in Egypt where
+the Nile scatters her riches; upon the banks of the Tiber which for
+centuries has reflected the majesty of Rome; upon the heights above the
+castle crowned Rhine; on the banks of the peaceful Thames; and upon the
+prairies that sweep back from the Father of Waters, men have fought and
+died. In the field and in the forest, by the sweet running brook, and upon
+the burning sands, in the mountain pass, and in the stony streets of the
+populous city, within the chancel rail of holy churches, and at the dark
+entrance to the Bastile--in all these places, and in a thousand more, the
+hand of the oppressed has been lifted against the oppressor, the right to
+be free that God gave to men has struggled with the power which might has
+given, and, alas! so often might has triumphed, and the slave, sick at
+heart, has been scourged to his dungeon. On a thousand hillsides burning
+fagots have consumed men who dared to dream of freedom, and in dark and
+slimy prison cells where God's sunlight seldom entered, men have rotten
+with clanking chains upon their limbs because they dared to ask for the
+rights of freemen.
+
+In the olden days force ruled the world; the king, the crown, the scepter,
+were the insignia of power. All about were the instruments of force, the
+cannon, the moated castle, the marching armies of the king.
+
+And so it was until the American Nation was born, a Nation founded by
+exiles who were fleeing from oppression, from unrestrained power, exiles
+who dreamed of establishing a Nation, exiles with stout hearts and with
+strong hands with which to build it--a Nation where there would be no
+master and no slaves, where the citizen would rule and not the soldier,
+where the home and the school and not the castle would stand as the
+citadel of the Nation, where the steel would at last be molded into
+plowshares, and not into swords, where, instead of martial music, the song
+of the plowboy and the hum of the spinning wheel would greet the ear,
+where lust for power would be dethroned and brute force strangled, where
+love would rule and not brutality, where justice and not vengeance would
+be the end of judicial investigation, where the rights of men to live and
+to enjoy the fruits of their labor would be recognized. This was the dream
+of the fathers of the republic as they laid the foundation in the long
+ago.
+
+But this dream never would have been realized had it not been for the
+recognition of that great constitutional principle, announced by Chief
+Justice Marshall, that in this Nation the law is supreme; not supreme
+alone with the citizen, but supreme with the Nation and the States that
+compose the Nation; not supreme with the humble toiler, but supreme with
+the richest and the strongest; not supreme in theory, but supreme in truth
+and in fact.
+
+This great principle of the supremacy of the law finds its origin in that
+immortal document, the Constitution of the United States.(114)
+
+Few there are in these modern days who fully appreciate the wonderful
+blessings of a written Constitution which gives recognition to the
+fundamental natural rights of man, and provides guaranties against the
+invasion of these rights.
+
+Gladstone, the eminent statesman, said:
+
+
+    It (the American Constitution) is the greatest work ever struck
+    off at any one time by the mind and purpose of man.
+
+
+An eminent lawyer has said:
+
+
+    It has been the priceless adjunct of free government, the mighty
+    shield of the rights and liberties of the citizen. It has been
+    many times invoked to save him from illegal punishment, and save
+    his property from the greed of unscrupulous enemies, and to save
+    his political fights from the unbridled license of victorious
+    political opponents controlling legislative bodies; nor does it
+    sleep, except as a sword dedicated to a righteous cause sleeps in
+    its scabbard.
+
+
+Horace Binney says:
+
+
+    What were the States before the Union? The hope of their enemies,
+    the fear of their friends, and arrested only by the Constitution
+    from becoming the shame of the world.
+
+
+Sir Henry Maine gives the following estimate of the Constitution:
+
+
+    It isn't at all easy to bring home to the men of the present day,
+    how low the credit of the Republic had sunk before the
+    establishment of the United States.... Its success has been so
+    great and striking, that men have almost forgotten, that if the
+    whole, or the known experiments of mankind in governments be
+    looked at together, there has been no form of government so
+    successful as the republican.
+
+
+Justice Mitchell of Pennsylvania, some twenty odd years ago said:
+
+
+    A century and a decade has passed since the Constitution of the
+    United States was adopted. Dynasties have arisen and fallen,
+    boundaries have extended and shrunken 'till continents seem almost
+    the playthings of imagination and war; nationalities have been
+    asserted and subdued; governments built up only to be overthrown,
+    and the kingdoms of the earth from the Pillars of Hercules to the
+    Yellow Sea have been shaken to their foundations. Through all this
+    change and obstruction, the Republic, shortest lived of all forms
+    of government in the prior history of the world, surviving the
+    perils of foreign and domestic war, has endured and flourished.
+
+
+And yet, it is true, "and pity 'tis, 'tis true", that in these days there
+seems to be a great lack of confidence, nay even a feeling of contempt
+existing in the minds and hearts of many men for this great charter of
+human liberty. Men born to the blessings of freedom, men who do not stop
+to think about the cost of freedom, men who do not realize that this
+Nation is not the child of chance, but that it is the outgrowth of
+centuries of tears and blood and sacrifice in the cause of human
+freedom--these men assume an attitude of criticism, and would, by
+destroying the Constitution, fly from the "ills we have" and open their
+arms to evils "we know not of".
+
+And this feeling, this unrest, this spirit of criticism, is not limited to
+the ignorant, nor the lowly. Many men and women of education and culture
+are prominent in the ranks of those who raise their voices in reckless
+condemnation.
+
+What is the source of this widespread feeling?
+
+For several years before the World War, we were passing through a period
+of readjustment in the political and social life of the Nation. Many
+people felt that privilege was too strongly entrenched in governmental
+favor. A noble feeling of sympathy for the weak and the unfortunate
+created a demand for social justice. A great political party was thrown
+out of power. Out of all this came appeals for legislation, most of it
+inspired by the highest motives, but much of it impractical and visionary,
+some of it so framed that in providing a benefit for a certain class, the
+rights of some other class were forgotten. Often it became necessary to
+recall the provisions of the Constitution, and some times it was used as a
+bar to the enactment of measures which were inspired only by the loftiest
+motives. Under such circumstances it is only natural that those intensely
+interested, seeing only from one standpoint, not understanding perhaps the
+far reaching effect of their favorite measures, should cry out at the
+limitations imposed by the Constitution.
+
+Then again courts are sometimes compelled, under their sworn duty to
+defend the Constitution, to hold that a legislative enactment is
+unconstitutional and void, because it violates some of the principles of
+that great document, created, not by courts, not by presidents, but by the
+people themselves for their own guidance and protection.
+
+But Chief Justice White gives the strongest reason for this feeling of
+contempt for the Constitution. He says:
+
+
+    There is great danger, it seems to me, to arise, from the constant
+    habit which prevails where anything is opposed or objected to, of
+    resorting without rhyme or reason, to the Constitution as a means
+    of preventing its accomplishment, thus creating the general
+    impression that the Constitution is but a barrier to progress,
+    instead of being the broad highway through which alone true
+    progress, may be enjoyed.
+
+
+Not only is this true, but unfortunately it is also true that every base
+murderer who begins to feel the rope tighten about his neck can find some
+lawyer who can devise some alleged constitutional reason why his client
+should not hang. The courts are constantly engaged in defending the
+Constitution against these base and unworthy attempts to defeat justice.
+
+Then upon every hand are those who hate authority, who despise law and
+order, and who denounce the Constitution because it stands between them
+and a realization of their greedy, vicious purposes.
+
+Justice White further says that there is "a growing tendency to suppose
+that every wrong that exists, despite the system, and which would be many
+times worse if the system did not exist, is attributable to it, and
+therefore that the Constitution should be disregarded or over-thrown".
+
+The foregoing are some, but not all of the causes which weaken the faith
+of the people in the Constitution.
+
+Now recognizing that there is in this Nation a lack of respect for the
+Constitution, and knowing something of the causes which underlie this
+feeling, and realizing that the Constitution is in very truth the fortress
+and the glory of our republic, what is our duty?
+
+The duty of every man, woman, and child in America is to defend the
+Constitution with his life, if necessary, against those who condemn and
+traduce and seek to destroy.
+
+But how shall we defend it? Shall we oppose all amendments of the
+Constitution? No, by its very terms it is subject to amendment; but in
+contemplating its amendment, we should approach this sacred document in
+the same reverent spirit we would have if we were entering upon some holy
+shrine. It is the people's Constitution; it is their right to amend it.
+Yea, it is their duty to amend it, if upon due deliberation, the rights of
+the whole people can be better protected or enforced.
+
+Complaint is sometimes made because of the delay involved in its
+amendment; but the provisions of the Constitution requiring deliberation
+were wisely inserted. It was intended that fundamental principles should
+not be changed under the inspiration of sudden passion. It contemplated
+mature deliberation. The fathers of the Republic were mindful of the
+storms which at times in the history of the world had swept the people to
+destruction.(115)
+
+Shall we rebuke the people who seek reforms? _Shall we decry progress or
+change?_ No, we should be the leaders in all such reforms. We should aid
+in guiding public sentiment along channels safe and sound and
+constitutional. We should give recognition to the appeals of those who
+would lighten the burdens of our brothers who may be heavy laden. We
+should aid in convincing the people that the Constitution is no restraint
+upon their aspirations for higher and better things; that it is in truth
+the guide and inspiration to better things.
+
+Shall we condemn those who through lack of knowledge do not appreciate the
+great value of the Constitution? No, we should teach them. We should lead
+them. We should inspire them with love and veneration for this great
+bulwark of human freedom.
+
+We must in very truth become teachers of all the people. We must carry to
+them the light of our knowledge. We must point out to them the rocks upon
+which other republics have been wrecked.(116)
+
+We must teach them that in the Constitution we find an absolute guaranty
+of protection for life, for liberty, and for property rights. That there
+is no man so lowly, that he cannot point to the Constitution as his shield
+from the acts of the tyrant, that he cannot point to his humble home as
+his "castle", and under the sacred guaranties of the Constitution defy all
+the unlawful force of the world.
+
+We must teach them that it guarantees the inviolability of contracts, that
+it prevents even a great State from taking the life or property of its
+humblest citizen without a trial under due process of law, that trial by
+jury is preserved, and that no man can be convicted of a crime without the
+privilege of being represented by counsel, and that no man can be
+compelled to be a witness against himself.
+
+We must recall to them the awful tragedies enacted in the days of old,
+where, under Star Chamber proceedings, men were deprived of their property
+and their lives upon charges of treason, which were never proven; and then
+we must point out to them the burning words of the Constitution, which
+provides that no man can be found guilty of treason without at least two
+witnesses to the overt act.
+
+We must impress upon them the great truth, that there is not now, and
+never has been, a system of government which can abolish sorrow, or
+sickness, or stay the hand of death. That no government can help men who
+will not help themselves; that there is no way in which any government can
+bring riches to the indolent, nor bread to those who will not toil. We
+must combat the false philosophy which assumes that all men are equal in
+all things, because men are not equal, except as under the Constitution
+they are equal before the law. No system of legislation and no method of
+government can equalize the strong with the weak, the wise with the
+simple, the good with the bad. While God gives to some men wisdom and
+shrewdness which others do not possess, while some are broad shouldered,
+with muscles of steel, and others are frail, and tremble as they walk,
+there will always be riches, there will always be poverty, and any scheme
+for equalizing the possessions of men is but an idle dream which never can
+be realized until men are made over into beings without passion or pride
+or ambition or selfishness. Do not let them feel that its provisions are
+intended to protect only the rich and powerful. If the right of a railway
+corporation to certain lands is sustained under some constitutional
+provision, do not allow the people to assume that this provision exists
+only for corporations, but impress upon them that the same constitutional
+provision which protects the railway company in its rights, may be invoked
+in defense of the little homestead out upon the prairies.
+
+If some desperado should be acquitted because he invoked the
+constitutional requirement that he upon his trial must be confronted by
+the witnesses against him, remind those who criticise that this same
+provision is made for their sons who may to-morrow be unjustly charged
+with a crime; impress upon them that it is impossible to have one law for
+the guilty, and another for the innocent; and that under our Constitution,
+every man is presumed to be innocent until proven to be guilty.
+
+Then impress upon the people something of the wonderful growth of the
+Nation, the development of the Nation, and the progress of the Nation--all
+under the wise protection of the Constitution. To those who may be
+discouraged in the battle of life, and who may attribute their failure to
+the injustice of social conditions, point out what other men have done
+under the same conditions, with no better opportunity, and ask them to
+ponder the question as to whether their failure is not to be attributed
+largely to their own lack of energy and determination.(117)
+
+And if they point out abuses which do exist, ask them to aid in
+eliminating these abuses. If half the energy which is exerted by earnest,
+but misguided people, in efforts to tear down our form of government, were
+honestly applied in an effort to remedy existing evils in a constitutional
+way, these people would show that they were patriots, and at the same time
+they would accomplish something for their country and their
+fellowmen.(118)
+
+_Too long have we been silent_ while the enemies of our country have
+poisoned the minds of youth, yea, and of manhood and womanhood, with the
+gospel of treason.
+
+Those who despise and condemn the Constitution have in the past ten years
+had more earnest students of their vicious doctrines than have those who
+uphold the Constitution and prize their liberties which the Constitution
+guards and protects.
+
+All over the land earnest men and women are endeavoring to teach the great
+truth of Americanism, and with substantial success; but those who
+understand human nature realize that the faith of our fathers can only be
+firmly established by lighting the fires of patriotism and loyalty in the
+hearts of our children. Through them the great truths of our National life
+can be brought into the homes of the land.
+
+And the Nation will never be safe until the Constitution is carried into
+the homes, until at every fireside young and old shall feel a new sense of
+security in the guaranties which are found in this great charter of human
+liberty, and a new feeling of gratitude for the blessings which it assures
+to this, and to all future generations.
+
+
+
+
+
+DECLARATION OF INDEPENDENCE
+
+
+When in the Course of human events, it becomes necessary for one people to
+dissolve the political bands which have connected them with another, and
+to assume among the Powers of the earth, the separate and equal station to
+which the Laws of Nature and of Nature's God entitle them, a decent
+respect to the opinions of mankind requires that they should declare the
+causes which impel them to the separation.
+
+We hold these truths to be self-evident, that all men are created equal,
+that they are endowed by their Creator with certain unalienable Rights,
+that among these are Life, Liberty and the pursuit of Happiness. That to
+secure these rights, Governments are instituted among Men, deriving their
+just powers from the consent of the governed. That whenever any form of
+Government becomes destructive of these ends, it is the Right of the
+People to alter or abolish it, and to institute new Government, laying its
+foundation on such principles and organizing its powers in such form, as
+to them shall seem most likely to effect their Safety and Happiness.
+Prudence, indeed, will dictate that Governments long established should
+not be changed for light and transient causes; and accordingly all
+experience hath shown, that mankind are more disposed to suffer, while
+evils are sufferable, than to right themselves by abolishing the forms to
+which they are accustomed. But when a long train of abuses and
+usurpations, pursuing invariably the same Object evinces a design to
+reduce them under absolute Despotism, it is their right, it is their duty,
+to throw off such Government, and to provide new Guards for their future
+security.--Such has been the patient sufferance of these Colonies; and such
+is now the necessity which constrains them to alter their former Systems
+of Government. The history of the present King of Great Britain is a
+history of repeated injuries and usurpations, all having in direct object
+the establishment of an absolute Tyranny over these States. To prove this,
+let Facts be submitted to a candid world.
+
+He has refused his Assent to Laws, the most wholesome and necessary for
+the public good.
+
+He has forbidden his Governors to pass Laws of immediate and pressing
+importance, unless suspended in their operation till his Assent should be
+obtained; and when so suspended, he has utterly neglected to attend to
+them.
+
+He has refused to pass other Laws for the accommodation of large districts
+of people, unless those people would relinquish the right of
+Representation in the Legislature, a right inestimable to them and
+formidable to tyrants only.
+
+He has called together legislative bodies at places unusual,
+uncomfortable, and distant from the depository of their Public Records,
+for the sole purpose of fatiguing them into compliance with his measures.
+
+He has dissolved Representative Houses repeatedly, for opposing with manly
+firmness his invasion on the rights of the people.
+
+He has refused for a long time, after such dissolutions, to cause others
+to be elected; whereby the Legislative Powers, incapable of Annihilation,
+have returned to the People at large for their exercise; the State
+remaining in the mean time exposed to all the dangers of invasion from
+without, and convulsions within.
+
+He has endeavoured to prevent the population of these States; for that
+purpose obstructing the Laws for Naturalization of Foreigners; refusing to
+pass others to encourage their migration hither, and raising the
+conditions of new Appropriations of Lands.
+
+He has obstructed the Administration of Justice, by refusing his Assent to
+Laws for establishing Judiciary Powers.
+
+He has made Judges dependent on his Will alone, for the tenure of their
+offices, and the amount and payment of their salaries.
+
+He has erected a multitude of New Offices, and sent hither swarms of
+officers to harass our People, and eat out their substance.
+
+He has kept among us, in times of peace, Standing Armies without the
+Consent of our legislature.
+
+He has affected to render the Military independent of and superior to the
+Civil Power.
+
+He has combined with others to subject us to a jurisdiction foreign to our
+constitution, and unacknowledged by our laws; giving his Assent to their
+Acts of pretended Legislation:
+
+For quartering large bodies of armed troops among us:
+
+For protecting them, by a mock Trial, from Punishment for any Murders
+which they should commit on the Inhabitants of these States:
+
+For cutting off our Trade with all parts of the world:
+
+For imposing taxes on us without our Consent:
+
+For depriving us in many cases, of the benefits of Trial by Jury:
+
+For transporting us beyond Seas to be tried for pretended offences:
+
+For abolishing the free System of English Laws in a neighbouring Province,
+establishing therein an Arbitrary government, and enlarging its Boundaries
+so as to render it at once an example and fit instrument for introducing
+the same absolute rule into these Colonies.
+
+For taking away our Charters, abolishing our most valuable Laws, and
+altering fundamentally the Forms of our Government:
+
+For suspending our own Legislatures, and declaring themselves invested
+with Power to legislate for us in all cases whatsoever.
+
+He has abdicated Government here, by declaring us out of his Protection
+and waging War against us.
+
+He has plundered our seas, ravaged our Coasts, burnt our towns, and
+destroyed the lives of our people.
+
+He is at this time transporting large armies of foreign mercenaries to
+compleat the works of death, desolation and tyranny, already begun with
+circumstances of Cruelty & perfidy scarcely parallel in the most barbarous
+ages, and totally unworthy the Head of a civilized nation.
+
+He has constrained our fellow Citizens taken Captive on the high Seas to
+bear Arms against their Country, to become the executioners of their
+friends and Brethren, or to fall themselves by their Hands.
+
+He has excited domestic insurrections amongst us, and has endeavoured to
+bring on the inhabitants of our frontiers, the merciless Indian Savages,
+whose known rule of warfare, is an undistinguished destruction of all
+ages, sexes and conditions.
+
+In every stage of these Oppressions We have Petitioned for Redress in the
+most humble terms: Our repeated Petitions have been answered only by
+repeated injury. A Prince, whose character is thus marked by every act
+which may define a Tyrant, is unfit to be the ruler of a free People.
+
+Nor have We been wanting in attention to our British brethren. We have
+warned them from time to time of attempts by their legislature to extend
+an unwarrantable jurisdiction over us. We have reminded them of the
+circumstances of our emigration and settlement here. We have appealed to
+their native justice and magnanimity, and we have conjured them by the
+ties of our common kindred to disavow these usurpations, which would
+inevitably interrupt our connections and correspondence. They too have
+been deaf to the voice of justice and of consanguinity. We must,
+therefore, acquiesce in the necessity, which denounces our Separation, and
+hold them, as we hold the rest of mankind, Enemies in War, in Peace
+Friends.
+
+We, therefore, the Representatives of the united States of America, in
+General Congress, Assembled, appealing to the Supreme Judge of the world
+for the rectitude of our intentions, do, in the Name, and by Authority of
+the good People of these Colonies, solemnly publish and declare, That
+these United Colonies are, and of Right ought to be Free and Independent
+States; that they are Absolved from all Allegiance to the British Crown,
+and that all political connection between them and the State of Great
+Britain, is and ought to be totally dissolved; and that as Free and
+Independent States, they have full Power to levy War, conclude Peace,
+contract Alliances, establish Commerce, and to do all other Acts and
+Things which Independent States may of right do. And for the support of
+this Declaration, with a firm reliance on the Protection of Divine
+Providence, we mutually pledge to each other our Lives, our Fortunes and
+our sacred Honor.
+
+
+
+
+
+CONSTITUTION OF THE UNITED STATES
+
+
+We the People of the United States, in Order to form a more perfect Union,
+establish Justice, insure domestic Tranquility, provide for the common
+defence, promote the general Welfare, and secure the Blessings of Liberty
+to ourselves and our Posterity, do ordain and establish this CONSTITUTION
+for the United States of America.
+
+ARTICLE I.
+
+Section 1. All legislative Powers herein granted shall be vested in a
+Congress of the United States, which shall consist of a Senate and House
+of Representatives.
+
+Section 2. The House of Representatives shall be composed of Members
+chosen every second Year by the People of the several States, and the
+Electors in each State shall have the Qualification requisite for Electors
+of the most numerous Branch of the State Legislature.
+
+No Person shall be a Representative who shall not have attained to the Age
+of twenty-five Years, and been seven Years a Citizen of the United States,
+and who shall not, when elected, be an Inhabitant of that State in which
+he shall be chosen.
+
+Representatives and direct Taxes shall be apportioned among the several
+States which may be included within this Union, according to their
+respective Numbers, which shall be determined by adding to the whole
+Number of free Persons, including those bound to Service for a Term of
+Years, and excluding Indians not taxed, three-fifths of all other Persons.
+The actual Enumeration shall be made within three Years after the first
+meeting of the Congress of the United States, and within every subsequent
+Term of ten Years, in such Manner as they shall by Law direct. The Number
+of Representatives shall not exceed one for every thirty Thousand, but
+each State shall have at Least one Representative; and until such
+enumeration shall be made, the State of New Hampshire shall be entitled to
+chuse three, Massachusetts eight, Rhode Island and Providence Plantations
+one, Connecticut five, New York six, New Jersey four, Pennsylvania eight,
+Delaware one, Maryland six, Virginia ten, North Carolina five, South
+Carolina five, and Georgia three.
+
+When vacancies happen in the Representation from any State, the Executive
+Authority thereof shall issue Writs of Election, to fill such Vacancies.
+
+The House of Representatives shall chuse their Speaker and other Officers;
+and shall have the sole Power of Impeachment.
+
+Section 3. The Senate of the United States shall be composed of two
+Senators from each State, chosen by the Legislatures thereof, for six
+Years; and each Senator shall have one Vote.
+
+Immediately after they shall be assembled in Consequence of the first
+Election, they shall be divided as equally as may be into three Classes.
+The Seats of the Senators of the first Class shall be vacated at the
+Expiration of the second Year, of the second Class at the Expiration of
+the fourth Year, and of the third Class at the Expiration of the sixth
+Year, so that one-third may be chosen every second Year; and if Vacancies
+happen by Resignation, or otherwise, during the Recess of the Legislature
+of any State, the Executive thereof may make temporary Appointments (until
+the next Meeting of the Legislature, which shall then fill such
+Vacancies).
+
+No Person shall be a Senator who shall not have attained to the Age of
+thirty Years, and been nine Years a Citizen of the United States, and who
+shall not, when elected, be an Inhabitant of that State for which he shall
+be chosen.
+
+The Vice President of the United States shall be President of the Senate,
+but shall have no Vote, unless they be equally divided.
+
+The Senate shall chuse their other Officers, and also a President pro
+tempore, in the absence of the Vice President, or when he shall exercise
+the Office of President of the United States.
+
+The Senate shall have the sole Power to try all Impeachments. When sitting
+for that Purpose, they shall be on Oath or Affirmation. When the President
+of the United States is tried, the Chief Justice shall preside: And no
+Person shall be convicted without the Concurrence of two-thirds of the
+Members present.
+
+Judgment in Cases of Impeachment shall not extend further than to removal
+from Office, and disqualification to hold and enjoy any Office of honor,
+Trust or Profit under the United States: but the Party convicted shall
+nevertheless be liable and subject to Indictment, Trial, Judgment and
+Punishment, according to Law.
+
+Section 4. The Times, Places and Manner of holding Elections for Senators
+and Representatives, shall be prescribed in each State by the Legislature
+thereof; but the Congress may at any time by Law make or alter such
+Regulations, except as to the Places of chusing Senators.
+
+The Congress shall assemble at least once in every Year, and such Meeting
+shall be on the first Monday in December, unless they shall by Law appoint
+a different Day.
+
+Section 5. Each House shall be the Judge of the Elections, Returns and
+Qualifications of its own Members, and a Majority of each shall constitute
+a Quorum to do Business; but a smaller Number may adjourn from day to day,
+and may be authorized to compel the Attendance of absent Members, in such
+Manner, and under such Penalties as each House may provide.
+
+Each House may determine the Rules of its Proceedings, punish its Members
+for disorderly Behavior, and, with the Concurrence of two-thirds, expel a
+Member.
+
+Each House shall keep a Journal of its Proceedings, and from time to time
+publish the same, excepting such Parts as may in their Judgment require
+Secrecy; and the Yeas and Nays of the Members of either House on any
+question shall, at the Desire of one-fifth of those Present, be entered on
+the Journal.
+
+Neither House, during the Session of Congress, shall, without the Consent
+of the other, adjourn for more than three days, nor to any other Place
+than that in which the two Houses shall be sitting.
+
+Section 6. The Senators and Representatives shall receive a Compensation
+for their Services, to be ascertained by Law, and paid out of the Treasury
+of the United States. They shall in all Cases, except Treason, Felony and
+Breach of the Peace, be privileged from Arrest during their Attendance at
+the Session of their respective Houses, and in going to and returning from
+the same; and for any Speech or Debate in either House, they shall not be
+questioned in any other Place.
+
+No Senator or Representative shall, during the Time for which he was
+elected, be appointed to any civil Office under the Authority of the
+United States, which shall have been created, or the Emoluments whereof
+shall have been increased during such time; and no Person holding any
+Office under the United States, shall be a Member of either House during
+his Continuance in Office.
+
+Section 7. All Bills for raising Revenue shall originate in the House of
+Representatives; but the Senate may propose or concur with Amendments as
+on other Bills.
+
+Every Bill which shall have passed the House of Representatives and the
+Senate, shall, before it become a Law, be presented to the President of
+the United States. If he approve he shall sign it, but if not, he shall
+return it, with his Objections to that House in which it shall have
+originated, who shall enter the Objections at large on their Journal, and
+proceed to reconsider it. If after such Reconsideration two thirds of that
+House shall agree to pass the Bill, it shall be sent, together with the
+Objections, to the other House, by which it shall likewise be
+reconsidered, and if approved by two thirds of that House, it shall become
+a Law. But in all such Cases the Votes of both Houses shall be determined
+by Yeas and Nays, and the Names of the Persons voting for and against the
+Bill shall be entered on the Journal of each House respectively. If any
+Bill shall not be returned by the President within ten Days (Sundays
+excepted) after it shall have been presented to him, the Same shall be a
+Law, in like Manner as if he had signed it, unless the Congress by their
+Adjournment prevent its Return, in which Case it shall not be a Law.
+
+Every Order, Resolution, or Vote to which the Concurrence of the Senate
+and House of Representatives may be necessary (except on a question of
+Adjournment) shall be presented to the President of the United States; and
+before the Same shall take Effect, shall be approved by him, or being
+disapproved by him, shall be repassed by two thirds of the Senate and
+House of Representatives, according to the Rules and Limitations
+prescribed in the Case of a Bill.
+
+Section 8. The Congress shall have Power to lay and collect Taxes, Duties,
+Imposts and Excises, to pay the Debts and provide for the common Defence
+and general Welfare of the United States; but all Duties, Imposts and
+Excises shall be uniform throughout the United States;
+
+To borrow money on the credit of the United States;
+
+To regulate Commerce with foreign Nations, and among the Several States,
+and with the Indian Tribes;
+
+To establish an uniform Rule of Naturalization, and uniform Laws on the
+subject of Bankruptcies throughout the United States;
+
+To coin Money, regulate the Value thereof, and of foreign Coin, and fix
+the Standard of Weights and Measures;
+
+To provide for the Punishment of counterfeiting the Securities and current
+Coin of the United States;
+
+To establish Post Offices and post Roads;
+
+To promote the Progress of Science and useful Arts, by securing for
+limited Times to Authors and Inventors the exclusive Right to their
+respective Writings and Discoveries;
+
+To constitute Tribunals inferior to the supreme Court;
+
+To define and punish Piracies and Felonies committed on the high Seas and
+Offences against the Law of Nations;
+
+To declare War, grant Letters of Marque and Reprisal, and make Rules
+concerning Captures on Land and Water;
+
+To raise and support Armies, but no Appropriation of Money to that Use
+shall be for a longer Term than two Years;
+
+To provide and maintain a Navy;
+
+To make Rules for the Government and Regulation of the land and naval
+Forces;
+
+To provide for calling forth the Militia to execute the Laws of the Union,
+suppress Insurrections and repel Invasions;
+
+To provide for organizing, arming, and disciplining the Militia, and for
+governing such Part of them as may be employed in the Service of the
+United States, reserving to the States respectively, the Appointment of
+the Officers, and the Authority of training the Militia according to the
+discipline prescribed by Congress;
+
+To exercise exclusive Legislation in all Cases whatsoever, over such
+District (not exceeding ten Miles square) as may, by Cession of particular
+States, and the acceptance of Congress, become the Seat of the Government
+of the United States, and to exercise like Authority over all Places
+purchased by the Consent of the Legislature of the State in which the Same
+shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards and
+other needful Buildings;--And
+
+To make all Laws which shall be necessary and proper for carrying into
+Execution the foregoing Powers, and all other Powers vested by this
+Constitution in the Government of the United States, or in any Department
+or Officer thereof.
+
+Section 9. The Migration or Importation of such Persons as any of the
+States now existing shall think proper to admit, shall not be prohibited
+by the Congress prior to the Year one thousand eight hundred and eight,
+but a tax or duty may be imposed on such Importation, not exceeding ten
+dollars for each Person.
+
+The Privilege of the Writ of Habeas Corpus shall not be suspended, unless
+when in Cases of Rebellion or Invasion the public Safety may require it.
+
+No Bill of Attainder or ex post facto Law shall be passed.
+
+No Capitation, or other direct Tax shall be laid, unless in Proportion to
+the Census or Enumeration herein before directed to be taken.
+
+No tax or Duty shall be laid on Articles exported from any State.
+
+No Preference shall be given by any Regulation of Commerce or Revenue to
+the Ports of one State over those of another; nor shall Vessels bound to,
+or from, one State, be obliged to enter, clear, or pay Duties in another.
+
+No Money shall be drawn from the Treasury, but in Consequence of
+Appropriations made by Law; and a regular Statement and Account of the
+Receipts and Expenditures of all Public Money shall be published from time
+to time.
+
+No Title of Nobility shall be granted by the United States: And no Person
+holding any Office of Profit or Trust under them, shall, without the
+Consent of the Congress, accept of any present, Emolument, Office, or
+Title, of any kind whatever, from any King, Prince, or Foreign State.
+
+Section 10. No State shall enter into any Treaty, Alliance, or
+Confederation; grant Letters of Marque and Reprisal; coin Money; emit
+Bills of Credit; make anything but gold and silver Coin a Tender in
+Payment of Debts; pass any Bill of Attainder, ex post facto law, or Law
+impairing the Obligation of Contracts, or grant any Title of Nobility.
+
+No State shall, without the Consent of the Congress, lay any Imposts or
+Duties on Imports or Exports, except what may be absolutely necessary for
+executing its inspection. Laws: and the net Produce of all Duties and
+Imposts, laid by any State on Imports or Exports, shall be for the Use of
+the Treasury of the United States; and all of such Laws shall be subject
+to the Revision and Control of the Congress.
+
+No State shall, without the Consent of Congress, lay any duty of Tonnage,
+keep Troops, or Ships of War in time of Peace, enter into any Agreement or
+Compact with another State, or with a foreign Power, or engage in War,
+unless actually invaded, or in such imminent Danger as will not admit of
+Delay.
+
+ARTICLE II.
+
+The executive Power shall be vested in a President of the United States of
+America. He shall hold his Office during the Term of Four Years, and,
+together with the Vice President, chosen for the same Term, be elected, as
+follows
+
+Each State shall appoint, in such Manner as the Legislature thereof may
+direct, a Number of Electors, equal to the whole Number of Senators and
+Representatives to which the State may be entitled in the Congress: but no
+Senator or Representative, or person holding an Office of Trust or Profit
+under the United States, shall be appointed as Elector.
+
+The Electors shall meet in their respective States, and vote by Ballot for
+two persons, of whom one at least shall not be an Inhabitant of the same
+State with themselves. And they shall make a List of all the Persons voted
+for, and of the Number of Votes for each; which List they shall sign and
+certify, and transmit sealed to the Seat of the Government of the United
+States, directed to the President of the Senate. The President of the
+Senate shall, in the Presence of the Senate and House of Representatives,
+open all the Certificates, and the Votes shall then be counted. The Person
+having the greatest Number of Votes shall be the President, if such Number
+be a Majority of the whole Number of Electors appointed; and if there be
+more than one who have such Majority, and have an equal Number of Votes,
+then the House of Representatives shall immediately chuse by Ballot one of
+them for President; and if no Person have a Majority, then from the five
+highest on the List the said House shall in like Manner chuse the
+President. But in chusing the President, the Votes shall be taken by
+States, the Representation from each State having one Vote; A quorum for
+this Purpose shall consist of a Member or Members from two-thirds of the
+States, and a Majority of all the States shall be necessary to a Choice.
+In every Case, After the Choice of the President, the Person having the
+greatest number of Votes of the Electors shall be the Vice President. But
+if there should remain two or more who have equal Votes, the Senate shall
+chuse from them by Ballot the Vice President.
+
+The Congress may determine the Time of chusing the Electors, and the Day
+on which they shall give their Votes; which Day shall be the same
+throughout the United States.
+
+No person except a natural born Citizen, or a Citizen of the United
+States, at the time of the Adoption of this Constitution, shall be
+eligible to the Office of President; neither shall any Person be eligible
+to that Office who shall not have attained the age of thirty-five years,
+and been fourteen Years a Resident within the United States.
+
+In Case of the Removal of the President from Office, or of his Death,
+Resignation or Inability to discharge the Powers and Duties of said
+Office, the Same shall devolve on the Vice President, and the Congress may
+by Law provide for the Case of Removal, Death, Resignations, or Inability,
+both of the President and Vice President, declaring what Officer shall
+then act as President, and such Officer shall act accordingly, until the
+Disability be removed, or a President shall be elected.
+
+The President shall, at stated Times, receive for his Services, a
+Compensation, which shall neither be increased nor diminished during the
+Period for which he shall have been elected, and he shall not receive
+within that Period any other Emolument from the United States, or any of
+them.
+
+Before he enter on the Execution of his Office, he shall take the
+following Oath or Affirmation:--"I do solemnly swear (or affirm) that I
+will faithfully execute the Office of President of the United States, and
+will to the best of my Ability, preserve, protect and defend the
+Constitution of the United States."
+
+Section 2. The President shall be Commander in Chief of the Army and Navy
+of the United States, and of the Militia of the several States, when
+called into the actual Service of the United States; he may require the
+Opinion, in writing, of the principal Officer in each of the executive
+Departments, upon any Subject relating to the Duties of their respective
+Offices, and he shall have Power to grant Reprieves and Pardons for
+Offences against the United States, except in Cases of Impeachment.
+
+He shall have Power, by and with the Advice and Consent of the Senate, to
+make Treaties, provided two thirds of the Senators present concur; and he
+shall nominate, and by and with the Advice and Consent of the Senate,
+shall appoint Ambassadors, other public Ministers and Consuls, Judges of
+the supreme Court, and all other Officers of the United States, whose
+Appointments are not herein otherwise provided for, and which shall be
+established by Law: but the Congress may by Law vest the Appointment of
+such inferior Officers, as they think proper, in the President alone, in
+the Courts of Law, or in the Heads of Departments.
+
+The President shall have Power to fill up all Vacancies that may happen
+during the recess of the Senate, by granting Commissions which shall
+expire at the End of their next Session.
+
+Section 3. He shall from time to time give to the Congress Information of
+the state of the Union, and recommend to their Consideration such Measures
+as he shall judge necessary and expedient; he may, on extraordinary
+Occasions, convene both Houses, or either of them, and in Case of
+Disagreement between them, with Respect to the Time of Adjournment, he may
+adjourn them to such Time as he shall think proper; he shall receive
+Ambassadors and other public Ministers; he shall take Care that the Laws
+be faithfully executed, and shall Commission all the Officers of the
+United States.
+
+Section 4. The President, Vice President and all civil Officers of the
+United States, shall be removed from Office on Impeachment for, and
+Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
+
+ARTICLE III.
+
+Section 1. The judicial Power of the United States shall be vested in one
+supreme Court, and in such inferior Courts as the Congress may from time
+to time ordain and establish. The Judges, both of the supreme and inferior
+Courts, shall hold their Offices during good Behaviour, and shall, at
+stated Times, receive for their Services, a Compensation which shall not
+be diminished during their Continuance in Office.
+
+Section 2. The judicial Power shall extend to all Cases, in Law and
+Equity, arising under this Constitution, the Laws of the United States,
+and Treaties made, or which shall be made, under their Authority;--to all
+Cases affecting Ambassadors, other public Ministers and Consuls;--to all
+Cases of admiralty and maritime Jurisdiction;--to Controversies to which
+the United States, shall be a party;--to Controversies between two or more
+States;--between a State and Citizens of another State;--between Citizens of
+different States;--between Citizens of the same State claiming Lands under
+Grants of different States, and between a State, or the Citizens thereof,
+and foreign States, Citizens or Subjects.
+
+In all Cases affecting Ambassadors, other public Ministers and Consuls,
+and those in which a State shall be a Party, the supreme Court shall have
+original Jurisdiction. In all the other Cases before mentioned, the
+supreme Court shall have appellate Jurisdiction, both as to Law and Fact,
+with such Exceptions, and under such Regulations as the Congress shall
+make.
+
+The trial of all Crimes, except in Cases of Impeachment, shall be by Jury,
+and such Trial shall be held in the State where the said Crimes shall have
+been committed; but when not committed within any State, the Trial shall
+be at such Place or Places as the Congress may by Law have directed.
+
+Section 3. Treason against the United States, shall consist only in
+levying War against them, or in adhering to their Enemies, giving them Aid
+and Comfort. No person shall be convicted of Treason unless on the
+Testimony of two Witnesses to the same overt Act, or on Confession in open
+Court.
+
+The Congress shall have power to declare the Punishment of Treason, but no
+Attainder of Treason shall work Corruption of Blood, or Forfeiture except
+during the Life of the Person attainted.
+
+ARTICLE IV.
+
+Section 1. Full Faith and Credit shall be given in each State to the
+public Acts, Records and judicial Proceedings of every other State. And
+the Congress may by general Laws prescribe the Manner in which such Acts,
+Records and Proceedings shall be proved, and the Effect thereon.
+
+Section 2. The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.
+
+A Person charged in any State with Treason, Felony, or other Crime, who
+shall flee from Justice, and be found in another State, shall on demand of
+the executive Authority of the State from which he fled, be delivered up,
+to be removed to the State having Jurisdiction of the Crime.
+
+No Person held to Service or Labour in one State, under the Laws thereof,
+escaping into another, shall, in Consequence of any Law or Regulation
+therein, be discharged from such service or Labour, but shall be delivered
+up on Claim of the Party to whom such Service or Labour may be due.
+
+Section 8. New States may be admitted by the Congress into this Union; but
+no new State shall be formed or erected within the Jurisdiction of any
+other State; nor any State be formed by the Junction of two or more
+States, or parts of States, without the Consent of the Legislatures of the
+States concerned as well as of the Congress.
+
+The Congress shall have Power to dispose of and make all needful Rules and
+Regulations respecting the Territory or other property belonging to the
+United States; and nothing in this Constitution shall be so construed as
+to Prejudice any Claims of the United States, or of any particular State.
+
+Section 4. The United States shall guarantee to every State in this Union
+a Republican Form of Government, and shall protect each of them against
+invasion; and on Application of the Legislature, or of the Executive (when
+the Legislature cannot be convened) against domestic Violence.
+
+ARTICLE V.
+
+The Congress, whenever two thirds of both Houses shall deem it necessary,
+shall propose Amendments to this Constitution, or, on the Application of
+the Legislatures of two thirds of the several States, shall call a
+Convention for proposing Amendments, which, in either Case, shall be valid
+to all Intents and Purposes, as Part of this Constitution, when ratified
+by the Legislatures of three-fourths of the several States, or by
+Conventions in three-fourths thereof, as the one or the other Mode of
+Ratification may be proposed by the Congress; Provided that no Amendment
+which may be made prior to the Year One thousand eight hundred and eight
+shall in any Manner affect the first and fourth Clauses in the Ninth
+Section of the first Article; and that no State, without its Consent,
+shall be deprived of its equal Suffrage in the Senate.
+
+ARTICLE VI.
+
+All Debts contracted and Engagements entered into, before the Adoption of
+this Constitution, shall be as valid against the United States under this
+Constitution, as under the Confederation.
+
+This Constitution, and the Laws of the United States which shall be made
+in Pursuance thereof; and all Treaties made, or which shall be made, under
+the Authority of the United States, shall be the supreme Law of the Land;
+and the Judges in every State shall be bound thereby, any Thing in the
+Constitution or Laws of any State to the Contrary notwithstanding.
+
+The Senators and Representatives before mentioned, and the Members of the
+several State Legislatures, and all executive and judicial Officers, both
+of the United States and of the several States, shall be bound by Oath or
+Affirmation, to support this Constitution; but no religious Test shall
+ever be required as a Qualification to any Office or public Trust under
+the United States.
+
+ARTICLE VII.
+
+The Ratification of the Conventions of nine States shall be sufficient for
+the Establishment of this Constitution between the States so ratifying the
+Same.
+
+DONE in Convention by the Unanimous Consent of the States present the
+Seventeenth Day of September in the Year of our Lord one thousand seven
+hundred and Eighty seven, and of the Independence of the United States of
+America the Twelfth. In Witness whereof We have hereunto subscribed our
+Names,
+
+Go. Washington
+
+Presidt. and Deputy from Virginia
+
+
+
+
+
+ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITUTION OF THE UNITED
+STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES
+OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL
+CONSTITUTION
+
+
+ARTICLE I.
+
+Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof; or abridging the freedom of speech,
+or of the press; or the right of the people peaceably to assemble, and to
+petition the Government for a redress of grievances.
+
+ARTICLE II.
+
+A well regulated Militia, being necessary to the security of a free State,
+the right of the people to keep and bear Arms, shall not be infringed.
+
+ARTICLE III.
+
+No Soldier shall, in time of peace, be quartered in any house, without the
+consent of the Owner, nor in time of war, but in a manner to be prescribed
+by law.
+
+ARTICLE IV.
+
+The right of the people to be secure in their persons, houses, papers, and
+effects, against unreasonable searches and seizures, shall not be
+violated, and no Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized.
+
+ARTICLE V.
+
+No person shall be held to answer for a capital, or otherwise infamous
+crime, unless on a presentment or indictment of a Grand Jury, except in
+cases arising in the land or naval forces, or in the Militia, when in
+actual service in time of War or public danger; nor shall any person be
+subject for the same offence to be twice put in jeopardy of life or limb;
+nor shall be compelled in any criminal case to be a witness against
+himself, nor be deprived of life, liberty, or property, without due
+process of law; nor shall private property be taken for public use,
+without just compensation.
+
+ARTICLE VI.
+
+In all criminal prosecutions, the accused shall enjoy the right to a
+speedy and public trial, by an impartial jury, of the State and district
+wherein the crime shall have been committed, which district shall have
+been previously ascertained by law, and to be informed of the nature and
+cause of the accusation; to be confronted with the witnesses against him;
+to have compulsory process for obtaining witnesses in his favor, and to
+have the Assistance of Counsel for his defence.
+
+ARTICLE VII.
+
+In suits at common law, where the value in controversy shall exceed twenty
+dollars, the right of trial by jury shall be preserved, and no fact tried
+by a jury shall be otherwise re-examined in any Court of the United
+States, than according to the rules of the common law.
+
+ARTICLE VIII.
+
+Excessive bail shall not be required, nor excessive fines imposed, nor
+cruel and unusual punishments inflicted.
+
+ARTICLE IX.
+
+The enumeration in the Constitution, of certain rights, shall not be
+construed to deny or disparage others retained by the people.
+
+ARTICLE X.
+
+The powers not delegated to the United States by the Constitution, nor
+prohibited by it to the States, are reserved to the States respectively,
+or to the people.
+
+ARTICLE XI.
+
+The Judicial power of the United States shall not be construed to extend
+to any suit in law or equity, commenced or prosecuted against one of the
+United States by Citizens of another State, or by Citizens or Subjects of
+any Foreign State.
+
+ARTICLE XII.
+
+The Electors shall meet in their respective states and vote by ballot for
+President and Vice-President, one of whom, at least, shall not be an
+inhabitant of the same state with themselves; they shall name in their
+ballots the person voted for as President, and in distinct ballots the
+person voted for as Vice-President, and they shall make distinct lists of
+all persons voted for as President, and of all persons voted for as
+Vice-President, and of the number of votes for each, which lists they
+shall sign and certify, and transmit sealed to the seat of the government
+of the United States, directed to the President of the Senate;--The
+President of the Senate shall, in presence of the Senate and House of
+Representatives, open all the certificates and the votes shall then be
+counted;--The person having the greatest number of votes for President,
+shall be the President, if such number be a majority of the whole number
+of Electors appointed; and if no person have such majority, then from the
+persons having the highest numbers not exceeding three on the list of
+those voted for as President, the House of Representatives shall choose
+immediately, by ballot, the President. But in choosing the President, the
+votes shall be taken by states, the representation from each state having
+one vote; a quorum for this purpose shall consist of a member or members
+from two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. And if the House of Representatives shall not
+choose a President whenever the right of choice shall devolve upon them,
+before the fourth day of March next following, then the Vice-President
+shall act as President, as in the case of the death or other
+constitutional disability of the President.--The person having the greatest
+number of votes as Vice-President, shall be the Vice-President, if such
+number be a majority of the whole number of Electors appointed, and if no
+person have a majority, then from the two highest numbers on the list, the
+Senate shall choose the Vice-President; a quorum for the purpose shall
+consist of two-thirds of the whole number of Senators, and a majority of
+the whole number shall be necessary to a choice. But no person
+constitutionally ineligible to the office of President shall be eligible
+to that of Vice-President of the United States.
+
+ARTICLE XIII.
+
+Section 1. Neither slavery nor involuntary servitude, except as a
+punishment for crime whereof the party shall have been duly convicted,
+shall exist within the United States, or any place subject to their
+jurisdiction.
+
+Section 2. Congress shall have power to enforce this article by
+appropriate legislation.
+
+ARTICLE XIV.
+
+Section 1. All persons born or naturalized in the United States, and
+subject to the jurisdiction thereof, are citizens of the United States and
+of the State wherein they reside. No State shall make or enforce any law
+which shall abridge the privileges or immunities of citizens of the United
+States; nor shall any State deprive any person of life, liberty, or
+property, without due process of law; nor deny to any person within its
+jurisdiction the equal protection of the laws.
+
+Section 2. Representatives shall be apportioned among the several States
+according to their respective numbers, counting the whole number of
+persons in each State, excluding Indians not taxed. But when the right to
+vote at any election for the choice of electors for President and
+Vice-President of the United States, Representatives in Congress, the
+Executive and Judicial officers of a State, or the members of the
+Legislature thereof, is denied to any of the male inhabitants of such
+State, being twenty-one years of age, and citizens of the United States,
+or in any way abridged, except for participation in rebellion, or other
+crime, the basis of representation therein shall be reduced in the
+proportion which the number of such male citizens shall bear to the whole
+number of male citizens twenty-one years of age in such State.
+
+Section 3. No person shall be a Senator or Representative in Congress, or
+elector of President and Vice-President, or hold any office, civil or
+military, under the United States, or under any State, who, having
+previously taken an oath, as a member of Congress, or as an officer of the
+United States, or as a member of any State Legislature, or as an executive
+or judicial officer of any State, to support the Constitution of the
+United States, shall have engaged in insurrection or rebellion against the
+same, or given aid or comfort to the enemies thereof. But Congress may, by
+a vote of two-thirds of each House, remove such disability.
+
+Section 4. The validity of the public debt of the United States,
+authorized by law, including debts incurred for payment of pensions and
+bounties for services in suppressing insurrection or rebellion, shall not
+be questioned. But neither the United States nor any other State shall
+assume to pay any debt or obligation incurred in aid of insurrection or
+rebellion against the United States, or any claim for the loss or
+emancipation of any slave; but all such debts, obligations and claims
+shall be held illegal and void.
+
+Section 5. The Congress shall have power to enforce, by appropriate
+legislation, the provisions of this article.
+
+ARTICLE XV
+
+Section 1. The right of citizens of the United States to vote shall not be
+denied or abridged by the United States or by any State on account of
+race, color, or previous condition of servitude.
+
+Section 2. The Congress shall have power to enforce this article by
+appropriate legislation.
+
+ARTICLE XVI
+
+The Congress shall have power to lay and collect taxes on incomes, from
+whatever source derived, without apportionment among the several States,
+and without regard to any census or enumeration.
+
+ARTICLE XVII
+
+The Senate of the United States shall be composed of two Senators from
+each State, elected by the people thereof, for six years; and each Senator
+shall have one vote. The electors in each State shall have the
+qualifications requisite for electors of the most numerous branch of the
+State legislatures.
+
+When vacancies happen in the representation of any State in the Senate,
+the executive authority of such State shall issue writs of election to
+fill such vacancies: Provided, That the legislature of any State may
+empower the executive thereof to make temporary appointment until the
+people fill the vacancies by election as the legislature may direct.
+
+This amendment shall not be so construed as to affect the election or term
+of any Senator chosen before it becomes valid as part of the Constitution.
+
+ARTICLE XVIII
+
+Section 1. After one year from the ratification of this article the
+manufacture, sale, or transportation of intoxicating liquors within, the
+importation thereof into, or the exportation thereof from the United
+States and all territory subject to the jurisdiction thereof for beverages
+purposes is hereby prohibited.
+
+Section 2. The Congress and the several States shall have concurrent power
+to enforce this article by appropriate legislation.
+
+Section 3. This article shall be inoperative unless it shall have been
+ratified as an amendment to the Constitution by the legislatures of the
+several States, as provided in the Constitution, within seven years from
+the date of the submission hereof to the States by the Congress.
+
+ARTICLE XIX
+
+The right of citizens of the United States to vote shall not be denied or
+abridged by the United States or by any State on account of sex.
+
+Congress shall have power to enforce this article by appropriate
+legislation.
+
+
+
+
+
+
+FOOTNOTES
+
+
+    1 Boys and girls often do not realize the value of an education as a
+      preparation for success in life. The following figures from an
+      educational authority show what education does for a boy or a girl.
+
+      (a) Less than three per cent of the people of the United States have
+      a college education, but this three per cent furnishes fifty-nine
+      per cent of the men and women called successful. Fourteen per cent
+      come from those having had some college training. This shows that
+      nearly three-fourths of all men and women in the United States
+      called successful have had some college training.
+
+      (b) During the past ten years Massachusetts has given all her
+      children a minimum of seven years of schooling, while Tennessee has
+      given her children but three years. The Massachusetts citizens
+      produce per capita $260 per year, while the Tennessee citizens
+      produce per capita $116 per year.
+
+      (c) Of the fifty-five members attending the Federal convention that
+      made the Constitution of the United States in 1787, thirty had
+      attended college, and twenty-six had college degrees. Of the forty
+      State officers in Iowa in 1918, thirty were college graduates, seven
+      were graduates of high schools, and only three had less than a high
+      school education.
+
+      (d) The child with no schooling has one chance in 150,000 of
+      performing distinguished services; with elementary education he has
+      four times the chance; with high school education he has
+      eighty-seven times the chance; with college education he has eight
+      hundred times the chance.
+
+      (e) Every boy and every girl should stick to his school work until
+      he at least graduates from a fully accredited high school.
+
+    2 "Law can do nothing without morals."--Benjamin Franklin.
+
+      "Through the whole of life and the whole system of duties, much the
+      strongest moral obligations are such as were never the results of
+      our option."--Edmund Burke.
+
+      "To do evil that good may come of it, is for the bungler in politics
+      as well as in morals."--Benjamin Franklin.
+
+      "Duty is not collective; it is personal."--Calvin Coolidge.
+
+    3 "Ignorance of the law excuses no man."--Selected.
+
+      "Knowledge is in every country the surest basis of public
+      happiness."--George Washington.
+
+    4 "The thorough education of all classes of people is the most
+      efficacious means of promoting the prosperity of the Nation. The
+      material interests of its citizens, as well as their moral and
+      intellectual culture, depend upon its accomplishment."--Robert E.
+      Lee.
+
+      "In a Republic education is indispensable. A Republic without
+      education is like the creature of imagination, a human being without
+      a soul, living and moving blindly, with no just sense of the present
+      or the future."--Charles Sumner.
+
+      "Without popular education, no government which rests upon popular
+      action can long endure. The people must be schooled in the
+      knowledge, and if possible in the virtues, upon which the
+      maintenance and success of free institutions depend."--Woodrow
+      Wilson.
+
+    5 "Where the State has bestowed education, the man who accepts it must
+      be content to accept it merely as charity, unless he returns it to
+      the State in full in the shape of good citizenship."--Theodore
+      Roosevelt.
+
+    6 "_Government_--_Liberty_--_Authority_--_Law_--the man or the woman who
+      fails to appreciate the true meaning of these terms, lacks the
+      training necessary to be a good citizen in a Republic."--Abraham
+      Lincoln.
+
+      "We need more of the office desk and less of the show-window in
+      politics. Let men in office substitute the midnight oil for the
+      lime-light."--Calvin Coolidge.
+
+    7 "Government is the aggregate of authorities which rule a society."
+
+      "Government is that institution or aggregate of institutions by
+      which society makes and carries out those rules of action which are
+      necessary to enable men to live in a social state, or which are
+      imposed upon the people forming that society by those who possess
+      the power or authority of prescribing them."--Bouvier's _Law
+      Dictionary_, Vol. I, p. 891.
+
+    8 Government is the organized means and power that a State or Nation
+      employs for the purpose of securing the rights of the people, and of
+      perpetuating its own existence.
+
+      The real aim and purpose is well stated in the preamble to our
+      Constitution when it says: "to form a more perfect Union, establish
+      Justice, insure domestic Tranquility, provide for the common
+      Defence, promote the general Welfare, and secure the blessings of
+      Liberty to ourselves and our Posterity".
+
+      Government can never rise higher than the ideals of the people who
+      compose the government. Good governments are the products of good
+      people. Good governments can only exist where the people are
+      intelligent and upright in character, and where each citizen is
+      willing to guard the rights and privileges of others as well as
+      those of himself.
+
+      "This government _of the people_, _by the people_, and _for the
+      people_, shall not perish from the earth."--Abraham Lincoln.
+
+    9 The object of government is to protect the citizens of a country and
+      to promote their general welfare, and it is composed of the
+      officials who care for the public interests of the citizens.
+
+      Under republican government, the weakest citizen enjoys the same
+      rights and privileges as do the strongest citizens, the poorest have
+      the same protection given to the richest, the most humble man or
+      woman has a chance to become the head of his or her government and
+      to lead the Nation among the most powerful Nations in the world.
+
+      "Brains and character rule the world. There were scores of men a
+      hundred years ago who had more intellect than Washington. He
+      outlives and overrides them all by the influence of his
+      character."--Wendell Phillips.
+
+      "The true greatness of nations is in those qualities which
+      constitute the greatness of the individual."--Charles Sumner.
+
+   10 "There is always hope in a man that actually and honestly works. In
+      idleness alone is there perpetual despair."--Thomas Carlyle.
+
+      "He that hath a trade hath an estate, and he that hath a calling
+      hath an office of profit and honor."--Benjamin Franklin.
+
+      "If you have the great talents, industry will improve them; if
+      moderate abilities, industry will supply their deficiencies."--Joshua
+      Reynolds.
+
+      "Other nations have received their laws from conquerors; some are
+      indebted for a constitution to the suffering of their ancestors
+      through revolving centuries. The people of this country, alone, have
+      formally and deliberately chosen a government for themselves, and
+      with open and uninfluenced consent bound themselves into a social
+      compact. Here no man proclaims his birth or wealth as a title to
+      honorable distinction, or to sanctify ignorance and vice with the
+      name of hereditary authority. He who has most zeal and ability to
+      promote public felicity, let him be the servant of the public."--John
+      Adams.
+
+      "The basis of our political system is the right of the people to
+      make or alter their constitution of government."--George Washington.
+
+      "Let us then, fellow citizens, unite with one heart and one mind and
+      labor for the welfare of the country."--Thomas Jefferson.
+
+      "The Declaration of Independence and the Constitution of the United
+      States are parts of one consistent whole, founded upon one and the
+      same theory of government,--that the people are the only legitimate
+      source of power, and that all just powers of government are derived
+      from the consent of the governed."--John Quincy Adams.
+
+   11 This description almost perfectly fits the making of the Mayflower
+      Compact in the cabin of the ship Mayflower on November 11, 1620.
+      Those Pilgrim Fathers drew up an agreement which was the first
+      attempt at a written constitution in the New World. The Fundamental
+      Orders of Connecticut, of 1638, are generally conceded to be the
+      oldest real constitution in America.
+
+   12 When Jefferson wrote "all men are created equal", he did not mean
+      that all infant children have equal capacities for learning or
+      accomplishment, but that all children ought to be given equal
+      opportunities by the government of a republic. He meant that in a
+      republic all children, whether rich or poor, whether of the
+      aristocracy or of the common people, had great opportunities to be
+      good and great men and women. He meant that a poor boy born in the
+      Kentucky mountains and a rail splitter in the woods of Illinois had
+      the opportunity to become President of the United States.
+
+      "The Declaration of Independence was not a mere temporary expedient,
+      but is an enunciation of fundamental truths intended for all
+      time."--William J. Bryan.
+
+      "Fourscore and seven years ago our fathers brought forth upon this
+      continent a new nation, _conceived in liberty_, and dedicated to the
+      proposition that all men are created equal."--Abraham Lincoln.
+
+      "Where slavery is, there _liberty_ cannot be and where _liberty_ is,
+      slavery cannot be."--Abraham Lincoln.
+
+      "Respect for its (the government's) authority, compliance with its
+      laws, acquiesence in its measures, are duties enjoined by the
+      fundamental maxims of true Liberty."--George Washington.
+
+      "Liberty--on its positive side, denotes the fulness of individual
+      existence; on its negative side it denotes the necessary restraint
+      on all, which is needed to promote the greatest possible amount of
+      liberty for each."--Bouvier's _Law Dictionary_, Vol. I. p. 217.
+
+   13 "Other nations have received their laws from conquerors; some are
+      indebted for a constitution to the sufferings of their ancestors
+      through revolving centuries. The people of this country, alone have
+      formally and deliberately chosen a government for themselves, and
+      with open and uninfluenced consent bound themselves into a social
+      compact. Here no man proclaims his birth or wealth as a title to
+      honorable distinction, or to sanctify ignorance and vice with the
+      name of hereditary authority."--John Adams.
+
+   14 "Liberty means freedom in the enjoyment of all one's faculties in
+      all lawful ways, the liberty to earn a livelihood by any lawful
+      calling, the liberty to live and work where one wills."--_Allgeyer
+      vs. Louisiana, 165 U. S. 578._
+
+   15 "Civil liberty is the liberty belonging to men in organized society.
+      It is liberty defined, regulated and protected by positive law of
+      the State or recognized as existing under customary
+      law."--_Cyclopedia of American Government_, Vol. II, p. 347.
+
+      The American people are a peculiar people. They are peculiar in
+      their origin, peculiar in their make-up, and due to their
+      sufferings, their persecutions, and their enduring perseverance,
+      they are still a peculiar people. From the first white man to steer
+      his little wooden ship westward across the great Atlantic ocean to
+      the latest arrival among the most recent immigrants, the people
+      coming to America have been different from those people remaining in
+      their European homes. The conditions surrounding the lives of those
+      people in Europe who left their homes and first settled in America
+      were not materially different from the conditions surrounding the
+      lives of thousands of other people who were satisfied and content to
+      remain on their European shores. Many men thought the earth was
+      round long before Christopher Columbus sailed away from that little
+      seaport town in Spain to test his own ideas of finding a shorter
+      route to India. Many people believed in religious liberty long
+      before the Pilgrims and Puritans landed on the bleak New England
+      shores and suffered the hardships of first settlers in a new country
+      in order to worship God as they pleased. Many people seriously and
+      intelligently doubted the divine right of kings, and believed in the
+      rights of the people to govern themselves long before the American
+      colonists adopted the Declaration of Independence. But it was left
+      for these people--these coming Americans--to demonstrate to all the
+      world that America was to be peopled by men and women of different
+      ideals, different hopes, and different ambitions from all the other
+      nations of the world.
+
+   16 A pure democracy would be that form of government in which all
+      people of the age of twenty-one years could actually take part in
+      making the laws and administering the government. A country would
+      need be very small indeed, if _all_ the people above twenty-one
+      years of age could assemble in any one place and organize and
+      conduct a meeting in which _all_ could take part in law-making. No
+      building would be large enough to accommodate all the people and
+      even if all the people assembled out of doors, the number would be
+      so large that those standing or sitting near the outer edge of the
+      assembly would be so far from the speaker that they could not hear
+      what he said when he spoke to them. A pure democracy is a physical
+      impossibility. The nearest form of government to a pure democracy is
+      a representative democracy, or one in which groups of people choose
+      one or more persons to represent them. Then these representatives
+      make laws and carry on the government in the name of all the people
+      whom they represent. Therefore a democracy is that form of
+      government in which all people have equal opportunities, and in
+      which all may take part in the government through their chosen
+      representatives.
+
+      "No matter how widely democracy may be extended, if it is not
+      accompanied by a certain equality of opportunity among the members
+      of the political society, it is not democracy."--_Cyclopedia of
+      American Government_, Vol. I, p. 561.
+
+      "Democracy is that form of government in which the people rule. The
+      basis of democracy is equality, as that of the aristocracy is
+      privilege."--Bouvier's _Law Dictionary_, Vol. I, p. 540.
+
+      "The beginnings of democracy were best observed in the townships of
+      New England, where the Puritans from England settled and organized
+      towns which were centers of democracy."--Peter Roberts.
+
+      In an absolute monarchy, the ruler is supreme; in a limited
+      monarchy, the parliament or congress sets a limit to the powers of
+      the ruler; in a democracy, the people rule.
+
+      "It is almost impossible that all the people will exactly agree on
+      any proposition, either political or social. Therefore the rule of
+      government in a democracy is, that all the people shall accept and
+      obey those laws and regulations that are pleasing to the majority."
+
+      "The basis of our political system is the right of the _people_ to
+      make or alter their constitution of government."--George Washington.
+
+      "No man is good enough to govern another man without that other
+      man's consent."--Abraham Lincoln.
+
+      "This country, with all its institutions, belongs to the people who
+      inhabit it."--Abraham Lincoln.
+
+      "I believe that the American people accept, as one just definition
+      of democracy, Napoleon's phrase, 'Every career is open to
+      talent'."--Charles William Eliot.
+
+      Lincoln defined a democracy as "A government of the people, by the
+      people, and for the people".
+
+   17 "A Republic may be defined as a state in which the sovereign power
+      rests in the people as a whole but is exercised by representatives
+      chosen by a popular vote."--_Cyclopedia of American Government_, Vol.
+      III, p. 188.
+
+      "A Republic, in the modern sense of the term, is a government which
+      derives all its powers directly, or indirectly, from the great body
+      of the people, i. e. the majority--and is administered by persons
+      holding their offices for a limited period."--_Cyclopedia of American
+      Government_, Vol. III, p. 188.
+
+      "Republican government is a government of the people; a government
+      by representatives chosen by the people."--Bouvier's _Law
+      Dictionary_.
+
+      The Constitution of the United States in Art. IV, Sec. 4 guarantees
+      to every State a republican form of government, but it does not
+      define what is republican government. It is generally assumed that
+      if for any reason the representative government of a State should be
+      destroyed or temporarily set aside, it would be the duty of the
+      Federal government, acting through the President as chief executive,
+      to use whatever force was necessary (including the army and navy) to
+      overcome such agency and to restore to the people of that State its
+      former representative government.
+
+      "It is left to Congress to decide what constitutes a republican form
+      of government, and Congress also has the right to say which
+      government in a state is the legal government. This necessarily
+      follows because before Congress can decide whether the government is
+      Republican it must decide which government is in force."--_Luther vs.
+      Borden, 7 Howard 1._
+
+      "It is Congress and not the President who decides what is Republican
+      government in a state."--_Martin vs. Mott, 12 Wheaton 19._
+
+   18 "It may well be contended that a republican form of government
+      necessarily involves the exercise of powers of government by
+      representative officers and bodies, and the distribution of powers
+      of government among distinct and independent departments."--McClain's
+      _Constitutional Law_, p. 10.
+
+_   19 Initiative_ means the right of the people to initiate or commence
+      the process of lawmaking. It is done by circulating a petition
+      asking that a certain provision be enacted into law. If the petition
+      receives the signatures of a certain percentage of qualified voters,
+      the legislature is required to enact the provision into law, or
+      submit it to the voters to determine whether it shall become law.
+
+      _Referendum_ means that the qualified voters through the process of
+      balloting may determine whether a measure proposed either through
+      the action of the legislature, or through the initiative, shall
+      become law.
+
+      _Recall_ is the method by which the qualified voters may remove an
+      undesirable officer from office before the expiration of his term.
+      It is done through a petition requiring a certain percentage of
+      signers from among the qualified voters. If the petition is
+      sufficient an election is called at which time the officer may
+      appear for continuation in office and others may appear as
+      candidates for that office. The one receiving the largest vote is
+      duly chosen.
+
+   20 Children who attend the public school are subject to the law as well
+      as are grown people who work in factories or on farms. The teacher
+      must have rules and regulations governing the conduct of pupils in
+      school. These are laws which the children must obey. If a pupil
+      insists on disturbing other pupils or talking out loud--such may be a
+      violation of the rules governing a good school and the pupil may be
+      punished for such violation.
+
+   21 Law has been defined as: "The aggregate of those laws and principles
+      of conduct which the governing power in a community recognizes as
+      the rules and principles which it will enforce or sanction, and
+      according to which it will regulate, limit, or protect the conduct
+      of its members."--Bouvier's _Law Dictionary_, Vol. II, p. 144.
+
+      "Law consists of the rules and methods by which society compels or
+      restrains the actions of its members."
+
+      In the legal sense--A law is a rule which the courts will enforce.
+      The courts will not enforce all rules, and therefore there are many
+      rules which are not law in the legal sense.
+
+      "Law _might_ be defined as the aggregate of those rules and
+      principles promulgated by legislative authority or established by
+      local custom, and our laws are the resultant derived from a
+      combination of the divine or moral laws, the laws of nature and
+      human experience, as such resultant has been evolved by human
+      intellect, influenced by the virtue of the ages."--_Words and
+      Phrases_, p. 33.
+
+      "Law has her seat in the bosom of God; her voice in the harmony of
+      the world."--Hooker.
+
+      "Laws are the very bulwark of liberty. They define every man's
+      rights, and stand between and defend individual liberties of
+      all."--J. G. Holland.
+
+      "Laws exist in vain for those who do not have the courage and the
+      means to defend them."--Thomas B. Macauley.
+
+      "Laws, written, if not on stone tablets, yet on the azure of
+      infinitude, in the inner heart of God's creation, certain as life,
+      certain as death, are they, and thou shalt not disobey them."--Thomas
+      Carlyle.
+
+      "A rule of civil conduct prescribed by the supreme power in a
+      state."--Bouvier's _Law Dictionary_.
+
+   22 Laws and rules are statements of what has been agreed upon as proper
+      conduct among persons who associate together. A person living on a
+      lonely island in the ocean with no other person near would not need
+      law. But as soon as two persons share the island and its fruits and
+      animals and plants, then certain rules need be set up for the
+      protection of each against the other. Where people are most closely
+      associated, we need the greatest number of rules or laws. People
+      living in large cities must more often need law than do those living
+      in rural districts.
+
+   23 A person may drive an automobile at twenty miles per hour on a
+      country road with perfect safety, but twenty miles per hour in a
+      crowded city would be positively dangerous to people crossing the
+      streets. Therefore the speed limit of five or perhaps ten miles per
+      hour in cities.
+
+   24 People have as much right to walk on the sidewalks of the town or
+      city as do other people to drive teams and wagons or automobiles on
+      the streets. Each must obey the traffic laws. At crossings their
+      rights of passage conflict, therefore each must be on the look-out
+      when crossing the street. The law provides street crossings,
+      therefore footmen must not "cut the crossings" but go the directed
+      way.
+
+   25 When election time comes each year, or every two years, those who
+      are qualified to vote ought by all means give careful consideration
+      to the candidates for office and to the issues that constitute the
+      campaign. It requires good men to make good laws. Good men are only
+      chosen to office when good people interest themselves in the
+      candidates and attend the elections and cast intelligent votes. Good
+      laws are properly enforced only when good men are chosen to office.
+
+   26 "A child, an apprentice, a pupil, a mariner, and a soldier owe
+      respectively obedience to the lawful commands of the parent, the
+      master, the teacher, the captain of the ship, and the military
+      officer having command: and in case of disobedience submission may
+      be enforced by correction."--Bouvier's _Law Dictionary_, Vol. II, p.
+      531.
+
+      "To obey is better than sacrifice."
+
+      "Children, obey your parents in all things; for this is well
+      pleasing unto the Lord."
+
+      "Servants, obey in all things your masters according to the flesh;
+      not with eye service, as men pleasers; but in singleness of heart,
+      fearing God."
+
+      "Masters, give unto your servants that which is just and equal;
+      knowing that ye also must be obedient."--Quotations from _The Bible_.
+
+      "The capacity of the people for self government, and their
+      willingness, ... to submit to all needful restraints, and exactions
+      of municipal law, have been favorably exemplified in the history of
+      the American States."--Martin Van Buren.
+
+      "Let us have faith that right makes might and in that faith let us
+      to the end dare do our duty as we understand it."--Abraham Lincoln.
+
+      "Surely I do not misinterpret the spirit of the occasion when I
+      assume that the whole body of the people convenant with me today to
+      support and defend the Constitution and ... to yield a willing
+      obedience to all the laws, and each to every other citizen his equal
+      civil and political liberty."--Benj. Harrison.
+
+      "Patriotism calls for the faithful performance of all the duties of
+      citizenship in small matters as well as great, at home as well as on
+      tented fields."--William J. Bryan.
+
+   27 We must see ourselves as we are, moving in our daily life, guarded
+      and safeguarded in every act by law. Every act in life is lawful or
+      unlawful; that is, we are protected by the law in our every act, or
+      we are condemned or punished. Here are two children on their way to
+      school, one walking upon the sidewalk, exercising a lawful right;
+      one riding his bicycle upon the sidewalk, performing an unlawful
+      act. The one is an example of a careful law-abiding citizen, the
+      other an example of a law-violator.
+
+   28 Constitution of the United States, Art. I, Sec. 8, Cl. 5.
+
+   29 Created by an Act of Congress of March 3rd, 1901. It is a bureau of
+      the Department of Commerce, and is charged with comparing the
+      standards used in scientific investigations, commerce, and
+      educational institutions with standards adopted and recognized by
+      the government.
+
+   30 The Thirty-fifth General Assembly of the State of Iowa provided for
+      a State Inspector of Weights and Measures whose duty is to travel
+      over the State and investigate conditions among those who buy and
+      sell, and to make arrests and prosecute those found defrauding
+      others by giving short weights or measures, or who sell or offer for
+      sale spoiled foods, or keep their shops or stores in an unsanitary
+      condition.
+
+   31 Constitution of the United States, Art. I, Sec. 8, Cl. 5.
+
+_   32 Revised Statutes of the United States_, Sec. 5413 and following.
+
+   33 Very few letters are ever lost in the mails. The writer one time
+      addressed a letter to a friend living in Sydney, Australia. It was
+      mailed at Iowa City, Iowa, and was sent east. That letter went by
+      way of New York, England, France, Italy, the Suez Canal, and the
+      Indian Ocean to Sydney, Australia. The person to whom it was sent
+      had, in the meantime, left Sydney and the letter failed of delivery.
+      About three months after being first mailed it was returned to the
+      writer whose return address was on the outside of the envelope. In
+      being returned it came by way of the Pacific Ocean to San Francisco
+      and across the United States from the west. The letter had encircled
+      the globe and was returned safely to the original sender. Pretty
+      good work for the International Mail System.
+
+   34 Constitution of the United States, Art. I, Sec. 8, Cl. 7.
+
+   35 There are four general theories as to the origin of the Constitution
+      of the United States: (1) That it was an entirely new document. This
+      theory was inspired by the statement of Gladstone. People who heard
+      Mr. Gladstone or read of his comment on the Constitution
+      misinterpreted his saying and came to believe he meant that that
+      great Constitution was the work of the moment as conceived by the
+      men in the convention at Philadelphia. No one knew better than Mr.
+      Gladstone himself that such was not true. (2) That it was copied
+      almost entirely after the English constitution of that time. This
+      was the theory of Sir Henry Maine, and it was just as erroneous as
+      was the common acceptance of Gladstone's statement. There are many
+      things in the Constitution of the United States that were not in the
+      English constitution of that time. (3) That it was based entirely
+      upon the experience of the colonists themselves. This theory is also
+      incorrect as the facts show that many fundamentals of the
+      Constitution were copied directly from the governments of European
+      countries. (4) That it was due to all the above influences taken
+      together, but that they were worked out by the colonists and the
+      Constitution makers in their many years of experience in making
+      Constitutions for the States after their independence from England,
+      and during the time of the Confederation.
+
+      A careful study of the debates in the convention at Philadelphia
+      will reveal the fact that the different governments, institutions,
+      rulers, and statesmen of Europe were referred to in the making of
+      the Constitution.
+
+      During the discussions in the convention one hundred and thirty
+      allusions were made to the government and institutions of England.
+      The allusions made to France numbered nineteen. Those made to the
+      German States were seventeen. Those made to Holland were nineteen.
+      Greece was referred to thirteen times; Switzerland was alluded to
+      five times; and Rome was alluded to sixteen times.
+
+      The English government and institutions were held up as a model to
+      be imitated fifty times; as an example to be avoided, twenty-four
+      times. France was held up as a model three times, and as a warning
+      five times. Rome was cited five times as a model and seven times as
+      a warning.
+
+      From the standpoint of training, experience, and general
+      qualifications for constitution makers, the delegates who sat in the
+      Federal convention at Philadelphia were the most remarkable group of
+      statesmen the world has ever seen. Sixty-five delegates were chosen,
+      of whom fifty-five attended the convention and of these thirty-nine
+      signed the Constitution, three were present but refused to sign, and
+      thirteen were absent on the last day. Of the fifty-five who sat in
+      the convention, twenty-five were from northern States and thirty
+      from southern States. Of the thirty-nine signers, nineteen were from
+      the North and twenty from the South.
+
+      Of the fifty-five men thirty were college men, twenty-six had
+      degrees, forty-seven were afterwards prominent in public life; of
+      the remaining eight, at least four died soon after the close of the
+      convention. The most noted men were: Washington, Franklin, Hamilton,
+      Madison, Wilson, Patterson, Gerry, Sherman, Pinckney, and Randolph.
+      Six men who signed the Constitution had also signed the Declaration
+      of Independence--Benjamin Franklin, James Wilson, Robert Morris, and
+      George Clymer of Pennsylvania, Roger Sherman of Connecticut, and
+      George Read of Delaware.--Meyerholz's _The Federal Convention_.
+
+   36 Montesquieu, a famous French writer of the eighteenth century, tells
+      us that political liberty consists in the security one feels in
+      doing whatever the law permits. However we must remember that the
+      laws themselves must likewise be sound.
+
+   37 We must notice that Article I of "The Short Constitution" commences,
+      "_Congress shall make no law_" etc., which means that these first
+      eight amendments to the Constitution of the United States apply only
+      to the Federal government, and are limitations on the powers of
+      Congress rather than on the powers of the States. However most
+      States have similar provisions in their Constitutions.
+
+   38 Article X is important because it tells in a few words the exact
+      relation of the States to the Federal government.
+
+   39 Article V of the main body of the Constitution provides that when
+      nine States should ratify the Constitution, it should be established
+      as the frame of government. The first State to ratify was Delaware,
+      December 7, 1787; the ninth State was New Hampshire, June 21, 1788;
+      and the last State was Rhode Island, May 29, 1790.
+
+   40 George Washington expressed the vast importance of this thought when
+      he said: "_The basis of our political system is the right of the
+      people to make or alter their constitution of government._"
+
+      "The Constitution is itself in every rational sense and to every
+      useful purpose a bill of rights."--Alexander Hamilton.
+
+      "Much of the strength and efficiency of any government in procuring
+      and securing happiness to the people depends on opinion, on the
+      general opinion of the goodness of the government, as well as of the
+      wisdom and integrity of its governors. I hope, therefore, for our
+      own sakes, as a part of the people and for the sake of our
+      posterity, that we shall act heartily and unanimously in
+      recommending this Constitution wherever our influence may extend,
+      and turn our future thoughts and endeavors to the means of having it
+      well administered."--Benjamin Franklin.
+
+      "In the fullness of time a Republic rose up in the wilderness of
+      America. Thousands of years had passed away before this child of the
+      ages could be born. From whatever there was of good in the systems
+      of former centuries, she drew her nourishment; the wrecks of the
+      past were her warnings. The wisdom which had passed from India
+      through Greece, with what Greece had added of her own, the
+      jurisprudence of Rome, the mediaeval municipalities, the Teutonic
+      method of representation, the political experience of England, the
+      benignant wisdom of the expositors of the law of nature and of
+      nations in France and Holland, all shed on her their selectest
+      influence. Out of all the discoveries of statesmen and sages, out of
+      all the experience of past human life, she compiled a perennial
+      political philosophy, the primordial principles of national
+      ethics--she sought the vital elements of social forms and blended
+      them harmoniously in the free commonwealth which comes nearest to
+      the illustration of the natural equality of all men. She entrusted
+      the guardianship of established rights to law; the movement of
+      reform to the spirit of the people and drew her force from the happy
+      reconciliation of both."--George Bancroft.
+
+      "In spite of its supposed precision, and its subjection to judicial
+      construction, our constitution has always been indirectly made to
+      serve the turn of that sort of legislation which its friends call
+      progressive, and its enemies call revolutionary, quite as
+      effectively as though Congress had the omnipotence of parliament.
+      The theory of the latent powers to carry out those granted has been
+      found elastic enough to satisfy almost any party demands in time of
+      peace, to say nothing of its enormous extensions in time of
+      war."--_The Nation_, November 7, 1872, No. 384, p. 300.
+
+      "Our fathers by an almost divine prescience, struck the golden
+      mean."--Pomeroy's _An Introduction to the Constitutional History of
+      the United States_, p. 102.
+
+      "It (the United States Constitution) ranks above every other written
+      Constitution for the intrinsic excellence of its scheme, its
+      adaptation to the circumstances of the people, the simplicity,
+      brevity and precision of its language, its judicious mixture of
+      definition in principle with elasticity in details. One is induced
+      to ask, to what causes, over and above the capacity of its authors
+      and the patient toil they bestowed upon it, these merits are due, or
+      in other words, what were the materials at the command of the
+      Philadelphia Convention for the achievement of so great an
+      enterprise as the creation of a nation by means of an instrument of
+      government. The American Constitution is no exception to the rule
+      that everything which has power to win the obedience and respect of
+      men must have its roots deep in the past, and that the more slowly
+      every institution has grown, so much the more enduring it is likely
+      to prove. There is little in this Constitution that is absolutely
+      new. There is much that is as old as Magna Charta."--James Bryce,
+      author of _The American Commonwealth_.
+
+      "Let reverence for the law be breathed by every mother to the
+      lisping babe that prattles on her lap; let it be taught in schools,
+      seminaries, and colleges; let it be written in primers, spelling
+      books and almanacs; let it be preached from pulpits, and proclaimed
+      in legislative halls, and enforced in courts of justice; let it
+      become the political religion of the nation."--Abraham Lincoln.
+
+      "The Constitution, which may at first be confounded with the Federal
+      Constitutions which have preceded it, rests in truth upon a wholly
+      novel theory--a great discovery in modern political science. In all
+      the Confederations which have preceded the American Constitution of
+      1787, the Allied States ... agreed to obey the injunctions of a
+      federal government; but they reserved to themselves the right of
+      ordaining and enforcing the laws of the Union...." (The American
+      government, he explains, claims directly the allegiance of every
+      citizen, and acts upon each directly through its own courts and
+      officers.) "This difference has produced the most momentous
+      consequences."--Tocqueville's _Democracy in America_.
+
+      "It will be the wonder and admiration of all future generations and
+      the model of all future constitutions."--William Pitt, after reading
+      the Constitution of the United States.
+
+      "The Constitution of the United States is by far the most important
+      production of its kind in human history. It created, without
+      historic precedent, a federal-national government It combined
+      national strength with individual liberty in a degree so remarkable
+      as to attract the world's admiration. Never before in the history of
+      man had a government struck so fine a balance between liberty and
+      union, between state rights national sovereignty. The world had
+      labored for ages to solve this greatest of all governmental
+      problems, but it had labored in vain. Greece in her mad clamor for
+      liberty had forgotten the need of the strength that union brings,
+      and she perished. Rome fostered union, nationality, for its
+      strength, until it became a tyrant and strangled the child liberty.
+      It was left for our own Revolutionary fathers to strike the balance
+      between these opposing forces to join them in a perpetual wedlock in
+      such a way as to secure the benefits of both. They selected the best
+      things that had been tried and proved. Hence their great success,
+      hence the fact that 132 years after its signing, this same
+      Constitution is still the supreme law of the land and more deeply
+      imbedded in the American heart than ever."--Henry William Elson.
+
+      "The Constitution is not an arbitrary, unchangeable document, but
+      can be adapted to meet new conditions whenever the people decide. It
+      should be upheld because under its wise provisions the United States
+      has developed into a great nation of happy and prosperous people;
+      because it contains sacred guarantees of protection for the
+      individual; and because it affords freedom and opportunity for every
+      citizen, whether native-born or naturalized. American citizenship
+      securely rests upon its firm foundation."--Henry Litchfield West.
+
+      "The Federal Constitution, the whole of it, is nothing but a code of
+      the people's liberties, political and civil. The Constitution is not
+      a mass of rules, but the very substance of our freedom, not
+      obsolete; but in every part alive; more needful now than ever, and
+      as fitted to our needs."--Stimson's _The American Constitution_.
+
+      "No other country in the world possesses the guarantees of
+      individual liberty and inherent rights that are accorded by the
+      Constitution of the United States."--David Jayne Hill's _The People's
+      Government_.
+
+      "We need not view with apprehension or even regret the gradual
+      adaptation of the Constitution to the ever-changing needs from
+      generation to generation of the most progressive nation in the
+      world. The Constitution is not a static institution. It is neither,
+      on the one hand, a sandy beach, which is quickly destroyed by the
+      erosion of the waves, nor, on the other hand, is it a Gibralter rock
+      which wholly resists the ceaseless washing of time and
+      circumstances. Its strength lies in its adaptability to slow and
+      progressive change. While the necessity of change may be recognised
+      in the non-essentials, yet the Constitution was based upon certain
+      fundamental principles which were not thus changeable. These times
+      should not wither nor custom stale. While the great compact
+      apparently dealt only with very concrete and practical details of
+      government in the very simplest language, and carefully avoided
+      anything that savored of visionary doctrinarism, yet, behind these
+      simply but wonderfully phrased delegations of power, was a broad and
+      accurate political philosophy, which constitutes the true doctrine
+      of American Government. Its principles are of eternal verity. They
+      are founded upon the inalienable rights of man. They are not the
+      thing of the day or temporary circumstance. If they are destroyed,
+      then the spirit of our government is gone, even if the form
+      survive."--James M. Beck.
+
+      "The Constitution remains the surest and safest foundation for a
+      free government that the wit of man has yet devised."--Nicholas
+      Murray Butler.
+
+      "I believe there is no finer form of government than the one under
+      which we live, and that I ought to be willing to live or die, as God
+      decrees, that it may not perish from the earth through treachery
+      within or through assault without."--Thomas R. Marshall.
+
+      "Although not a citizen of your great country, I am heart and soul
+      with you and your associates in the glorious fight you are making
+      for the preservation of your peerless Constitution, which has made
+      your country what it is, and which is today the brightest hope of
+      mankind."--Baron Rosen, formerly Russian Ambassador to the United
+      States of America.
+
+      "Under the American Constitution was realized the sublime conception
+      of a nation in which every citizen lives under two complete and
+      well-rounded systems of laws,--the state law and the federal law--each
+      with its legislature, its executive, and its judiciary moving one
+      within the other, noiselessly, and without friction. It was one of
+      the longest reaches of constructive statesmanship ever known in the
+      world. There never was anything quite like it before, and in Europe
+      it needs much explanation even for educated statesmen who have never
+      seen its workings. Yet to America it has become so much a matter of
+      course that they, too, sometimes need to be told how much it
+      signifies. _In 1787 it was the substitution of law for violence
+      between states that were partly sovereign. In some future still
+      grander convention we trust the same thing will be done between
+      states that have been wholly sovereign, whereby peace may gain and
+      violence be diminished over other lands than this which has set the
+      example._"--John Fiske, in 1888.
+
+   41 The English government forced laws upon the colonies to restrict
+      trade and manufactures, to place a standing army in America, and to
+      raise taxes. The tax laws were denounced as illegal by the
+      colonists, who argued that they were not represented in Parliament.
+
+      Read the charges made against the king and the government of England
+      in the Declaration of Independence.
+
+   42 Read the famous speech made by James Otis against the Stamp Act in
+      the Stamp Act Congress in New York, October, 1765. See _American
+      History Leaflets_.
+
+   43 The following were the fundamental defects of the Articles of
+      Confederation.
+
+      a. They did not provide for a central executive, and there was no
+      supreme executive to enforce the laws.
+
+      b. No provision was made for a central judiciary, and each State
+      interpreted the Federal laws as it saw fit.
+
+      c. They permitted concurrent legislation on vital subjects: i. e.
+      each State could legislate as it pleased on such subjects as tariff,
+      foreign treaties, currency, etc.
+
+      d. They permitted each State to regulate its own coinage and there
+      were at one time at least fourteen different kinds of coins in the
+      thirteen States. This greatly interfered with trade.
+
+      e. They gave Congress no power to enforce the observance of
+      treaties. Congress could pass laws but could not enforce them.
+
+      f. They gave Congress no power to coerce a State--it could only
+      recommend to the States.
+
+      g. They required a two-thirds vote on all questions in Congress, and
+      votes were cast by States. Most bills may pass the present Congress
+      by a majority vote.
+
+      h. Congress could not reach the individual to punish him for crime
+      committed against the Federal government, except through the State
+      in which the crime was committed. Often the States refused to act.
+
+      i. The Articles could not be amended without the consent of all of
+      the States. Several times one State defeated the amendment of the
+      Articles.
+
+   44 The small States having only small areas and therefore less room for
+      settlers, were afraid of any form of union government which gave the
+      States proportional representation in Congress. These small States
+      declared they would not ratify the Articles of Confederation until
+      those States having large areas of western lands would agree to cede
+      those lands to the Federal government. The seven States holding
+      western lands agreed to cede their lands in January, 1781, and on
+      March 1st, Maryland as the last State ratified the Articles of
+      Confederation.
+
+   45 The various States chose a total of sixty-five delegates to attend
+      the Federal convention at Philadelphia. Of these, fifty-five
+      actually sat in the convention. Of the entire number, forty-two were
+      present on the last day and thirty-nine signed the Constitution.
+
+      Of the fifty-five who sat in the convention, twenty-five were from
+      north of the Mason and Dixon Line, or from the northern States, and
+      thirty were from the southern States. Of the thirty-nine signers,
+      nineteen were from the North and twenty from the South. The three
+      who refused to sign were Elbridge Gerry of Massachusetts and Edmund
+      Randolph and George Mason of Virginia. These three men thought the
+      Constitution gave too much power to the central government and did
+      not leave enough to the States.
+
+      Eight of the men who signed the Constitution were of foreign birth.
+      They were Alexander Hamilton, William Patterson, James Wilson,
+      Robert Morris, James McHenry, Thomas Fitzsimons, William R. Davie,
+      and Pierce Butler. You will notice that Hamilton, Wilson, Patterson,
+      and Morris were among the most influential men in the convention.
+      Many of America's greatest men have been of foreign birth.
+
+      The oldest man in the convention was Benjamin Franklin who was
+      eighty-one years of age. The youngest man was Jonathan Dayton of New
+      Jersey who was only twenty-seven. Charles Pinckney was twenty-nine
+      years old, and Alexander Hamilton was thirty. The average age of the
+      entire membership in the convention was 43-2/5 years.
+
+      The membership in the convention included a remarkable group of
+      men--in fact the most remarkable group of statesmen that ever
+      assembled for the making of a constitution. They had gained their
+      experience in five different ways: colonial legislatures, State
+      legislatures, State conventions, Continental Congresses, and in the
+      Congress of the Confederation. Six of them had the honor of having
+      signed the Declaration of Independence--Benjamin Franklin, James
+      Wilson, Robert Morris, Roger Sherman, George Read, and George
+      Clymer. Thirty delegates were college men and twenty-six had
+      degrees.
+
+   46 A careful study of the debates in the Federal convention will reveal
+      the following allusions to the government and institutions of other
+      countries. A total of two hundred and twenty-three allusions were
+      made to the governments of Europe, the most important of which were
+      the following: one hundred and thirty allusions were made to
+      England, of which fifty were commendatory, and twenty-four were
+      warnings; nineteen allusions were made to France, of which five were
+      commendatory and three were warnings; Germany, or rather the German
+      States, had seventeen allusions; Holland had twenty allusions;
+      Greece had twenty-five; Rome had twenty-six. The two hundred and
+      twenty-three allusions were made in such way as to indicate that the
+      delegates were widely read in both government and history.
+
+   47 The Constitution in Article VII says, "The Ratification of the
+      Conventions of nine States shall be sufficient for the Establishment
+      of this Constitution between the States so ratifying the Same."
+
+      The first State to ratify was Delaware on December 7, 1787. New
+      Hampshire, the ninth State, ratified on June 21, 1788, and Rhode
+      Island, the last, on May 29, 1790.
+
+   48 Every right begets a duty. The more rights our government gives us,
+      the more duties are imposed upon each one of us. In an absolute
+      monarchy the people have very few rights and they also have very few
+      duties to perform. In democracies like the United States the people
+      have a right to participate in government, they also have the duty
+      of becoming intelligent and becoming acquainted with the various
+      details of the administration of government. When people have a
+      right to participate in government, they have the duty of attending
+      every election and casting an intelligent ballot. Where people have
+      a right to make law, they must accept the duty of helping enforce
+      law. Where people have freedom of religious belief and worship, they
+      must refrain from interfering in the belief of other people. Where
+      they have freedom of speech and press, they must protect other
+      people in that same right. Where people have the right of trial in a
+      legally constituted court of law, they must refrain from mob rule or
+      from lynch law. The greater the privileges given a people by law,
+      the greater are their duties to see that law is always respected and
+      carefully enforced.
+
+   49 The government of the United States is a dual government. There is a
+      State government within each State, which is supreme over the
+      affairs of that State alone. Then there is a Federal government
+      which is supreme and sovereign throughout the entire United States
+      in all those affairs which the Federal Constitution gives to the
+      control of the Federal government. The _police power_ of a State is
+      commonly defined as the power of a State to control all of its
+      domestic internal affairs. The Federal government is not permitted
+      to interfere with the police powers of the States.
+
+   50 "No state allows its government to dictate to any one what church he
+      shall attend or compels him to contribute to the support of any
+      church, the establishment of state churches being everywhere
+      forbidden. No person is disqualified from holding office or
+      exercising legal rights because of his religious views, although a
+      very few states make belief in the Deity a requisite for holding
+      certain state offices."--Hart's _Actual American Government_, Sec.
+      13.
+
+   51 Constitution of the United States, Amendment I.
+
+   52 Church and state are wholly separated in the United States. When a
+      man takes office, no one asks him to what church he belongs, or what
+      his faith is. If a man wants to believe in the religions of India or
+      China, no officer of the National government has a right to
+      interfere with him, providing he does not violate a law of the land.
+      Religious tolerance is a growth. The Puritans who founded New
+      England, although they fled to America because of religious
+      persecutions, did not practice religious tolerance in the New World.
+
+   53 "The witchcraft craze at Salem, Massachusetts, in 1692, is commonly
+      thought to have been the legitimate outgrowth of the gloomy religion
+      of the Puritans. Nineteen persons were hanged or burned at the stake
+      for having bewitched children. One was crushed to death under heavy
+      weights because he would not confess that he was possessed of the
+      devil. From the time of King John down to 1712, innocent lives were
+      constantly sacrificed in England on this charge."--Thwaites's _The
+      Colonies_, p. 190.
+
+   54 Constitution of the United States, Amendment I.
+
+   55 The first ten amendments to the Constitution of the United States
+      are limitations on the powers of Congress, and these amendments do
+      not is any way limit the powers of the several States. It is a fact,
+      however, that practically all the States have incorporated these
+      same amendments in their Constitutions thereby placing the same
+      limitations upon their legislatures. A State may change its
+      Constitution and thereby curtail freedom of speech and press as it
+      may think necessary to protect its people, and some of the States
+      have enacted laws forbidding anarchists to hold public meetings or
+      to publish yellow journals in which they berate the government or
+      instigate rebellion or sedition among the people. But the Federal
+      government cannot pass any law abridging the freedom of speech or
+      press except such as may be enacted under the war powers of the
+      government when in actual war, such as was enacted in the Espionage
+      Act of 1917.
+
+   56 Libel is defined as any statement printed, or written, or any
+      picture or caricature that causes another person to be brought into
+      hatred, contempt, or ridicule or to be shunned by his associates.
+      Slander is any oral statement that causes another person to be
+      brought into hatred, contempt, or ridicule, or to be shunned by his
+      associates. In order to constitute either slander or libel the
+      statement or utterance must be communicated to a third party.
+
+      "The right of citizens to petition the government to remove abuse
+      was won in Europe only after many hard conflicts. It is not conceded
+      in some European governments today, and men in those countries who
+      lead in reforms and advocate democratic measures are often thrown
+      into prison, banished, or exiled. This amendment to the Constitution
+      was inserted to guard against the tyranny of officers, who might
+      abuse the authority conferred upon them by the people."
+
+   57 Constitution of the United States, 1st Amendment.
+
+      "The right of assembly is coupled with the guaranty of the right to
+      petition the government for a redress of grievances; but it is not
+      to be understood as limited to that object. Without doubt
+      assemblages for social, political or religious purposes are
+      protected by such against legislative prohibition unless attended
+      with circumstances rendering the exercise of the right inimical to
+      public peace, security or welfare."--Emlin McClain, quoted in the
+      _Cyclopedia of American Government_, Vol. I, p. 85.
+
+      "The right to assemble may be restricted so far as necessary to
+      prevent its being exercised to promote unlawful purposes or in such
+      manner as to result in public inconvenience."--_Cyclopedia of
+      American Government_, Vol. I, p. 85.
+
+      "The provision to the amendment to the Federal Constitution is a
+      limitation only on the powers of the Federal Government and does not
+      apply to the several states. The states have largely copied the same
+      provision into their constitutions."
+
+      "The right of petition is important as recognizing a lawful occasion
+      for the assembly of the people and in connection with the guaranty
+      of freedom of speech and the press. The subject matter of a petition
+      cannot be made the basis for a prosecution for public or private
+      libel if it is kept within the limits of the privilege
+      accorded."--_Cyclopedia of American Government_, Vol. II, p. 675.
+
+      "Through the right of petition the people have a means of informing
+      their lawmakers of their wishes and of guiding public opinion."
+
+      "The rules of the national House of Representatives provide that
+      members having petitions to present may deliver them to the clerk
+      and the petition, except such as, in the judgment of the speaker,
+      are of an obscene or insulting character, shall be entered upon the
+      journal."--Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. II, p. 675.
+
+   58 Constitution of the United States, Amendment II.
+
+      "This right to keep and bear arms, although stated in connection
+      with the militia, is held broad enough to cover the keeping and
+      carrying of such weapons as are suitable for self-defense, or
+      defense of the home. But the keeping of unusual weapons, or the
+      carrying of unusual weapons in an unusual manner, as by having them
+      concealed on the person, may be prohibited."--Bouvier's _Law
+      Dictionary_, Vol. I, p. 165.
+
+      "This amendment, like the other eight amendments to the Federal
+      Constitution, does not apply to the States, and a State may
+      legislate as it pleases regarding the carrying and using of arms.
+      Many states prevent the carrying of arms of any kind except with
+      legal permission given through the proper officer for stated
+      specific reasons."
+
+      "The amendment means no more than that this right shall not be
+      infringed by Congress. Police protection of the people is left to
+      the States."
+
+   59 One of the grievances of the colonists stated in the Declaration of
+      Independence was the quartering of large bodies of armed troops in
+      the colonies, but the guaranty found in the Federal Constitution and
+      in many State Constitutions is that soldiers shall not in times of
+      peace be quartered upon private persons. This guaranty has respect
+      to the recognition of the right of every man not to be unwarrantably
+      disturbed or intruded upon in his home. "Every man's house is his
+      castle."
+
+   60 Constitution of the United States, Amendment IV.
+
+      "One of the most serious grievances of the colonists was, the
+      assertion and exercise of a prerogative of the crown to issue
+      warrants for searching private premises in order to obtain evidence
+      of political offenses. This had been the subject of controversy in
+      England and was made the basis of a protest in Massachusetts by
+      James Otis against the Writs of Assistance which were in effect,
+      general warrants."--_Cyclopedia of American Government_, Vol. III, p.
+      654.
+
+      "The privilege contended for was that the privacy of the dwelling
+      house should not be invaded by public officers without the consent
+      of the owner save for the purpose of making an arrest, and then only
+      by an officer of the law--who carried a warrant giving him such
+      authority."--Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. III, p. 654.
+
+      The protection afforded by the constitutional provision is against
+      attempts made under the disguise of public process to pry into
+      private affairs on mere suspicion that a crime has been committed or
+      contemplated.
+
+      The principle of this guaranty is being violated if the postal
+      authorities open sealed letters in the mail to discover whether
+      improper use of the mail is being made. It is also violated by
+      compelling the production of private papers of the defendant in a
+      criminal prosecution.
+
+      A warrant is not always necessary to arrest an individual. For
+      example, a police officer does not need a warrant in order to arrest
+      a person who is violating a law in his presence, or a person whom he
+      has good reason to think has committed a felony.--_Cyclopedia of
+      American Government_, Vol. III, p. 655.
+
+   61 Constitution of the United States, Amendment V.
+
+      "A _capital crime_ is such crime as the law declares punishable by
+      death penalty."--Bouvier's _Law Dictionary_, Vol I, p. 284.
+
+      "An _infamous crime_ is such crime as the law declares punishable by
+      imprisonment in a state prison."
+
+      A grand jury, or an indictment, or a presentment jury, or an inquest
+      jury, is a jury (differing as to numbers in different States) for
+      the purpose of investigating alleged crimes. If, upon investigation,
+      the jury believes the accused person has either committed the act or
+      has had a part in the crime, it will draw up a formal accusation in
+      writing. This accusation is called an indictment and is presented to
+      the court. In a few States a person may be brought to trial for
+      violation of a law of the State upon information filed by the
+      prosecuting attorney.
+
+      A _petit jury_, or _trial jury_, is a jury of twelve men selected by
+      the court--according to a law determining the manner--to hear the
+      accusation against the person charged along with the evidence
+      submitted during the trial in court. After hearing the evidence and
+      receiving from the judge instructions concerning the law governing
+      the case, the jury will determine whether the accused person is
+      guilty or not. The Federal government, and most of the States,
+      require a unanimous verdict. If the jury disagrees they report such
+      to the court (the judge) and they are dismissed and the case may be
+      tried again with a different jury.
+
+      "Constitutional guaranties of the right of trial for crime only on
+      indictment by a grand jury, imply a common law grand jury of whose
+      number at least twelve men concur in finding the indictment, but by
+      provision in state constitutions a smaller number of grand jurors
+      than required by common law and concurrence of a smaller number than
+      twelve in the finding of an indictment may be authorized."
+
+      "A grand jury affords a safeguard against the unwarranted ignominy
+      of being put on public trial for an offense which there is no
+      reasonable ground to believe the accused has committed."
+
+      "The grand jury is to investigate the cases of those who have been
+      arrested and held under preliminary information on oath by private
+      accusers; and it may also investigate cases of supposed crime of
+      which it has knowledge or to which its attention may be called by
+      the public prosecuting officer. Its proceedings are secret and its
+      members are sworn not to subsequently divulge them."--McClain's
+      _Constitutional Law_.
+
+   62 Constitution of the United States, Amendment V.
+
+      "The rule of procedure generally recognized is that when an accused
+      person has been put on trial under a valid indictment in a court
+      having jurisdiction of the case, and a jury has been empaneled and
+      sworn to try the case and give a verdict, and a verdict of _not
+      guilty_ is given--the accused cannot be again put on trial for the
+      same crime, or any included crime for which he might have been
+      convicted in that prosecution."--_Cyclopedia of American Government_,
+      Vol. II, p. 251.
+
+      "A verdict of not guilty is conclusive and the defendant must be
+      discharged. If however he is convicted, he may in some instances
+      appeal the case to a higher court for review and that is not being
+      again put in jeopardy."--Emlin McClain, quoted in the _Cyclopedia of
+      American Government_, Vol II, p. 251.
+
+      "Jeopardy is complete when the court proceeds with a jury to
+      ascertain the defendant's guilt."
+
+      "As the criminal jurisdiction of the Federal Court extends only to
+      offenses against the Federal laws, and no prosecution for such
+      offenses can be entertained in the state courts--it follows that
+      there can be no questions of former jeopardy as between a federal
+      and a state court."--_Cyclopedia of American Government_, Vol II, p.
+      251.
+
+   63 Constitution of the United States, Amendment V.
+
+      In our own early colonies persons were frequently tortured to compel
+      them to give evidence against themselves or against other people,
+      but at that time the colonies were still under British authority.
+
+      An instance was recently reported of a man appearing before a
+      sheriff and confessing to the commission of five different murders
+      in as many different places in a western State. Upon investigation
+      it was found that murders had been committed in these places about
+      the time he confessed to having committed the crimes, so he was
+      arrested and held by the sheriff. Upon further investigation it was
+      discovered that he was mentally unbalanced and having read of all
+      these crimes he imagined he had committed them. He was released from
+      arrest and was committed to a hospital for the insane. In this
+      instance an innocent man might have been executed if his own
+      testimony had been sufficient to convict him.
+
+      If a person confesses to having committed a crime and the facts as
+      stated are found to be correct, he may then be convicted of the
+      crime, but the conviction is made on the basis of the evidence
+      disclosed by his confession and not on the confession itself. Having
+      made a confession the officers may then from the facts told by the
+      accused find other facts sufficient to convict without offering the
+      confession in evidence.
+
+      "A confession is not admissible in evidence where it is obtained by
+      temporal inducement, by threats, promise or hope of favor held out
+      to the party in respect of his escape from the charge against him,
+      by a person in authority."--Bouvier's _Law Dictionary_, Vol. I, p.
+      387.
+
+      "When an inducement destroys a confession it must be held out by a
+      person in authority."
+
+   64 Constitution of the United States, Amendment V.
+
+      This is a part of the fifth amendment to the Federal Constitution,
+      and the fourteenth is an expansion of it, and assumes that the man
+      charged with the crime is innocent until proven guilty. The old
+      standard set in Europe was that a person charged with crime was
+      considered guilty until he was proven innocent. All citizens,
+      whether native or foreign born, have the protection of this
+      amendment.--Bouvier's _Law Dictionary_, Vol. I, p. 622.
+
+      Previous to 1679 in England an accused person could be detained in
+      prison for months or even for years and had no recourse to the
+      courts, but might be thus detained in prison upon a mere charge
+      brought by some one jealous of him and without real reason. In that
+      year the people demanded that Parliament should give relief against
+      unjust or false imprisonment, and Parliament enacted the Habeas
+      Corpus Act. The provisions of this notable act require that a person
+      imprisoned may demand a preliminary hearing and learn the cause of
+      his being seized and imprisoned. Either he or his friends or
+      relatives could go before a judge of a court and demand a _writ of
+      habeas corpus_. Such writ was issued by a judge and directed to the
+      jailer or the person detaining the accused and he was compelled to
+      bring the accused person before the court and show legal reason why
+      that person should be detained. If no such cause or reason could be
+      given, the accused person must be set at liberty. The guaranty of
+      the right to a writ of habeas corpus under our Constitution is
+      considered hereafter. See page 144.
+
+      _Due process of law_ may be defined as "according to the law of the
+      place in which the trial is held". It means in this instance that no
+      person may be deprived of life, liberty, or property without the
+      right of judicial trial. _Due process of law_ does not necessarily
+      mean _jury trial_. If a jury trial is the legally recognized method
+      of trying such case, then jury trial is _due process_, but if trial
+      without a jury is legally provided for when permitted by the
+      Constitution, in that instance, _due process_ does not require jury
+      trial. For cases in which the right of trial by jury is guaranteed
+      see pages 111, 125, and 160.
+
+      "In a word, 'due process of law' to-day signifies 'reasonable law',
+      in which sense it bestows upon the courts, and especially upon the
+      Federal Courts, as final interpreter of the national constitution, a
+      practically undefined range of supervision over legislation both
+      state and national."--_Cyclopedia of American Government_, Vol. I, p.
+      615.
+
+      "Due process of law, is law in its regular course of administration
+      through courts of justice."--Story's _Commentaries_, Vol. III, pp.
+      264, 661;--18 _Howard_ 272.
+
+      "Any legal proceeding enforced by public authority, whether
+      sanctioned by age or custom, or newly devised in the discretion of
+      the legislative power, in furtherance of the general public good,
+      which regards and preserves these principles of liberty and
+      justice."--110 _U. S._ 516.
+
+      "Due process of law in each particular case means, such an exercise
+      of the powers of government as the settled maxims of the law permit
+      and sanction, and under such safeguards for the protection of the
+      individual rights as those maxims prescribe for the class of cases
+      to which the one in question belongs."--Cooley's _Constitutional
+      Limitations_, p. 441.
+
+      "This provision does not imply that all trials in state courts
+      affecting the property of persons must be by jury." This depends to
+      some extent upon the constitution of the respective states, except
+      as limited by the United States Constitution.--92 _U. S._ 90.
+
+   65 Constitution of the United States, Amendment V.
+
+      Eminent domain means the right and authority of the government to
+      take private property for public purposes upon the payment of a just
+      compensation.
+
+      "The superior right existing in a sovereign government by which
+      private property may in certain cases be taken or its use controlled
+      for the public benefit, without regard to the wishes of the
+      owner."--Bouvier's _Law Dictionary_, Vol. I, p. 657.
+
+      "Eminent domain is said with more precision to be the right of the
+      nation or the state, or of those to whom the power has been lawfully
+      delegated, to condemn private property to public use, upon paying to
+      the owner a due compensation, to be ascertained according to
+      law."--Bouvier's _Law Dictionary_, Vol. I, p. 651.
+
+      Just compensation is generally arrived at by those whose duty it is
+      to secure the land for the government, by offering a good fair price
+      for the land. If the owner of the land refuses to accept the offer,
+      the land may be seized by the proper authority and the matter
+      settled according to law. The law generally provides that a body of
+      appraisers be appointed who appraise the value of the land and this
+      amount is offered to the owner. If he refuses, the matter is carried
+      to the court for determination. A jury is summoned to assess the
+      value of the land and from this the owner may usually appeal, but
+      the government cannot appeal; it must pay the appraised valuation or
+      allow the owner to keep his property. It must be remembered that
+      private property may only be taken by the government for public
+      purposes.
+
+      Some purposes for which the government may take private property
+      are: forts and arsenals, army posts, or public parks. It may take
+      food supplies for use of the army or navy in time of war. It may
+      take over the railroads for the benefit of the people of the Nation,
+      etc. In all cases it must give just compensation.
+
+   66 Constitution of the United States, Amendment VI.
+
+      "A speedy trial is, it appears, one that is brought on without
+      unreasonable delay for preparation; and a public trial is not
+      necessarily one to which every one may obtain admission but one
+      sufficiently free and open to allow the friends of the accessed and
+      others to watch the proceedings."--Emlin McClain, quoted in the
+      _Cyclopedia of American Government_.
+
+      "Criminal prosecution is the means adopted to bring a supposed
+      offender to justice and punishment by due course of law."
+
+      "The speedy trial to which a person charged with crime is entitled
+      under the constitution is a trial at such a time, after the finding
+      of the indictment, as shall afford the prosecution a reasonable
+      opportunity, by the fair and honest exercise of reasonable
+      diligence, to prepare for trial, and if the trial is delayed or
+      postponed beyond such period, when there is a term of court at which
+      the trial might be had, by reason of neglect of the prosecution in
+      preparing for trial, such delay is a denial to the defendant of the
+      right of a speedy trial, and in such case a person confined, upon
+      application by _habeas corpus_, is entitled to a discharge from
+      custody."--Bouvier's _Law Dictionary_, Vol. II, p. 1023.
+
+      Every jury is sworn to decide according to the evidence presented,
+      guided by instructions in the law given by the judge. Juries are
+      therefore held to be _impartial_.
+
+      The entire United States is divided into judicial districts, of
+      which there are about ninety-two. These districts are found within
+      the States as judicial districts do not cut State boundaries. Where
+      the population is more sparse a Federal district comprises an entire
+      State. Where the population is more dense a State may contain two or
+      more districts. There are four United States District Court
+      districts in the State of New York, two in Iowa, and only one in
+      Nevada, and some other western States.
+
+      Congress may by legislative act lay out Federal court districts.
+      These districts were first established in the Federal Judiciary Act
+      of 1789. As the population increases Congress may increase the
+      number of districts.
+
+   67 Constitution of the United States, Amendment VI.
+
+      If one is not given a preliminary hearing shortly after his arrest,
+      the right to a writ of _habeas corpus_ (defined in another chapter),
+      gives the accused an opportunity to know the exact nature of the
+      charge against him and why he is held or detained in prison. Then he
+      is faced by his accusers in court and bears the charge against him.
+      In all criminal cases the accused is privileged to be present
+      throughout the entire trial, in fact he is required to be present
+      during the trial.
+
+      In early England, and in many other European countries in early
+      times, the accused person was not even permitted to know the reason
+      for his imprisonment, and furthermore was tried in court and found
+      guilty without hearing the evidence or knowing who testified in
+      court.
+
+      The right of trial upon indictment of a grand jury, and the
+      privilege of confronting one's accusers in court, having witnesses
+      in one's behalf, and having an attorney to defend one accused, is
+      not yet allowed in certain parts of Russia and perhaps other
+      countries in Europe and Asia. These privileges have been the
+      recognized right of all people in the United States since our
+      glorious Constitution was adopted and became the fundamental law of
+      our country in 1789.
+
+      Teachers of civics in our schools ought to ask permission of the
+      judge to take their classes to visit a session of the court. The
+      judge is able to inform the teacher as to when certain cases of most
+      value to pupils and other persons are to be tried. The trial of
+      certain kinds of cases brings out many fundamental facts of rights
+      and duties of citizenship that boys and girls, as well as many adult
+      persons, ought to know.
+
+      "The accused is of all men the most miserable, unless the law gives
+      him an equal chance to defend himself. Time was when the courts
+      could hear privately the witnesses against the prisoner, and then
+      call him into court to answer charges, which he never had heard of,
+      made upon the testimony of witnesses he never had seen, without any
+      legal means of compelling his own witnesses to come to court to
+      testify for him and without any lawyer to speak for him against the
+      trained counsel for the government. Many of these abuses had been
+      weeded out before the Constitution was adopted."--Bacon's _American
+      Plan of Government_, p. 272.
+
+      "Almost all the reform needed to make criminal procedure humane and
+      just, has been incorporated into the constitutions and laws of the
+      states during the first era of independence; but the people of the
+      United States bad no such safeguards."--Bacon's _American Plan of
+      Government_, p. 273.
+
+      "The charge to be answered by the defendant on trial in a criminal
+      court must be clear, explicit, and definite. The prosecution has no
+      right to compel the accused to show that he is a good member of
+      society."--_7 Peters Rep. 138._
+
+   68 Constitution of the United States, Amendment VI.
+
+      "In judicial procedure a witness is one who is duly called upon to
+      testify under oath as to matters within his knowledge. By rules of
+      procedure some persons are disqualified from testifying on account
+      of want of mental capacity as, for instance, idiots, insane persons,
+      and infants who have not attained the age of discretion. Others who
+      are qualified to testify may be of such character that their
+      testimony is not entitled to the weight which should be given to
+      some other witness. Furthermore, a witness may be so related to the
+      subject matter or to the parties as that in the particular case his
+      testimony should not be received, or should be received under
+      limitations as to its credibility and weight. And finally the
+      competency of testimony offered is regulated by rules of evidence
+      fixed by law."
+
+      "Under constitutional guaranties of religious freedom, the religious
+      belief of a witness cannot be made a ground for his disqualification
+      to testify."
+
+      "As to criminal prosecution, it is usually provided in state
+      constitutions as it is in the Fifth and Sixth Amendments to the
+      Federal Constitution that the accused shall not be compelled to be a
+      witness against himself and that he has a right to be confronted
+      with the witnesses against him and to have compulsory process for
+      obtaining witnesses in his favor. These are privileges which the
+      accused may waive."--Emlin McClain, quoted in _Cyclopedia of American
+      Government_, Vol. III, p. 693.
+
+   69 "Compulsory process is the means of compelling a witness to appear
+      before the court at the time of trial and, under oath, tell what he
+      knows about the matter under consideration."--Bouvier's _Law
+      Dictionary_, Vol. II, p. 766.
+
+      A _subpoena_ is an order issued in a court and given to a sheriff or
+      other executive officer, to be served upon or read to a witness,
+      compelling him to appear before the court at the time stated. He
+      must lay aside all pretenses and excuses, and appear before the
+      court or the magistrate at the time and place named in the subpoena,
+      under a penalty therein cited for failure to appear. His failure to
+      obey the order of the court, or subpoena, is known as _contempt_.
+      Contempt is punishable in Federal courts, and in most States by the
+      order of the judge, and is not subject to jury trial. (Oklahoma is
+      an exception.)
+
+   70 "At common law a prisoner was not allowed counsel. In England this
+      right was not granted in all cases before 1836."--_Cyclopedia of
+      American Government_, Vol. I, p. 487.
+
+      The United States was the earliest of nations to not only permit
+      every person accused of crime and tried before a court to have
+      counsel, but to furnish counsel for every person who was not himself
+      able to get counsel or able to pay for counsel.
+
+   71 Constitution of the United States, Amendment VII.
+
+      "Common Law is that system of law or form of the science of
+      jurisprudence which has prevailed in England and in the United
+      States, in contradistinction from other great systems, such as Roman
+      or civil law."--Bouvier's _Law Dictionary_, Vol. I, p. 370.
+
+      "Common law is used to distinguish the body of rules and of remedies
+      administered by courts of law, technically so called, in
+      contradistinction to those of equity administered by courts of
+      chancery, and to the canon law, administered by ecclesiastical
+      courts."--Bouvier's _Law Dictionary_, Vol. I, p. 370.
+
+   72 Constitution of the United States, Amendment VII.
+
+      "A jury is a body of men sworn to declare the facts of a case as
+      they are proven from the evidence placed before them."--Bouvier's
+      _Law Dictionary_.
+
+      The definition of a jury explains why the facts of a case are not
+      open for re-examination after being declared by a jury. It is
+      because a jury meets in a court in the place where the offense has
+      been committed, and is therefore better able to know the whole
+      truth, and to determine what the facts really are than would be
+      possible for any other body of men who did not have such means of
+      knowing. A higher court in reviewing a case on an appeal cannot
+      usually go behind the facts as declared by a jury.
+
+   73 In ordinary instances arrests may be made only by officers of the
+      law upon warrants issued by a magistrate. Any officer may, however,
+      upon his own cognizance of a crime being committed, arrest the
+      person or persons without warrant. If such authority were not given
+      to officers of the law, many persons violating law would be able to
+      escape before a warrant could be issued. Furthermore, under the laws
+      of some States, any person who sees a crime committed is legally
+      required to pursue and arrest the offending person and may himself
+      be punished if he refuses to act. Sheriffs and other officers of the
+      peace may call upon and require other persons to assist in the
+      pursuit and capture of fleeing criminals.
+
+   74 Constitution of the United States, Amendment VIII.
+
+      In criminal actions the matter of bail is determined by statute.
+      Bail is often denied to those accused of committing serious crimes.
+
+      The term _bail_ is used to designate a person who becomes a surety
+      for the appearance of the defendant in court at the time called for.
+      But in modern usage the term _bail_ means the amount of money
+      pledged by another person for the appearance of the defendant. If
+      the defendant fails to appear the person going his bail must pay the
+      stipulated amount into the court. The payment of the bail does not,
+      however, relieve the delinquent defendant of further punishment. He
+      may be again seized and punished as according to the charge, and
+      furthermore may be given additional punishment for "jumping" his
+      bail.
+
+      "The defendant usually binds himself as principal with two sureties;
+      but sometimes the bail alone binds himself as principal, and
+      sometimes one surety is accepted by the sheriff. The bail bond may
+      be said to stand in the place of the defendant as far as the sheriff
+      is concerned, and if properly taken, furnishes the sheriff a
+      complete answer to the requirement of the writ, requiring him to
+      take and produce the body of the defendant."--Bouvier's _Law
+      Dictionary_, Vol. I, p. 211.
+
+   75 United States Constitution, Amendment VIII.
+
+      "The amount of fine is frequently left to the discretion of the
+      court, who ought to proportion the fine to the offense."--Cooley's
+      _Constitutional Limitations_, p. 377.
+
+      "The object of punishment is to reform the offender, to deter him
+      and others from committing like offenses, and to protect society."
+      "A state may provide a severer punishment for a second than for a
+      first offense providing it is dealt out to all alike."--159 _U. S._
+      673.
+
+      "Punishments are cruel when they involve torture or a lingering
+      death; but the punishment of death is not cruel, within the meaning
+      of that word as used in the Constitution."--136_U. S._ 436.
+
+      A warden of a State penitentiary was recently found guilty of
+      inflicting cruel punishment because he punished a convict by
+      suspending his body from chains placed around his wrists.
+
+      The British Museum contains several machines of torture used to
+      punish criminals in early days. One is a machine in the form of a
+      hollow case fitting a human form. This case is filled with sharp
+      spikes driven through from the outside. The machine was so
+      constructed that when a victim was placed inside, the sides could be
+      gradually turned up to fit the body and press these spikes into the
+      body of the victim so as to produce death.
+
+      Another machine is constructed much as a cross in form of the letter
+      X. The victim was fastened in such manner as to bind his wrists and
+      ankles to the ends of the bars. A horse was then hitched to either
+      his arms or legs and they were torn from the body.
+
+      Many States in the United States have now adopted electrocution as
+      the means of inflicting the death penalty because it is believed to
+      be the most humane way.
+
+   76 Constitution of the United States, Amendment XIII, Sec. 1.
+
+      This amendment was submitted to the States by resolution of Congress
+      in 1865 and by proclamation of the President of December 18th of
+      that year was declared to have received the approval of the
+      requisite number of States.
+
+      So far as the abolition of slavery is involved there has been no
+      question as to the effect of the amendment, but as to what
+      constitutes involuntary servitude important questions have arisen.
+      While the primary object of the amendment was to free the colored
+      race, the general purpose was to render impossible the existence
+      within the jurisdiction of the United States of any legal or social
+      institution imposing involuntary labor on any class of persons. The
+      introduction here of the peonage system prevalent in Mexico, the
+      coolie system of China, or the padrone system of Italy fall within
+      the prohibition.
+
+      The amendment permits imprisonment and also involuntary servitude as
+      a penalty for failure to pay a fine imposed as a punishment.
+      Moreover the services of persons imprisoned for crime belong to the
+      State and may be leased, subject of course to humanitarian
+      regulations as to the method in which such services may be employed.
+
+      Under the enforcement clause Congress has legislated against
+      peonage, that is, a condition of enforced servitude by which the
+      servitor is restrained of his liberty and compelled to labor in
+      liquidation of some contract, debt, or obligation. But without such
+      legislation, State statutes imposing imprisonment or servitude for
+      non-performance of contractual obligations are invalid as in
+      conflict with the provisions of the amendment.--Emlin McClain, in the
+      _Cyclopedia of American Government_, Vol. III, p. 536.
+
+      In the early days many of the American colonies permitted
+      imprisonment for debt, and one of the greatest patriots and
+      philanthropists of colonial times, Robert Morris, was imprisoned for
+      debt by the State of Pennsylvania.
+
+   77 James Bryce has written of our government: "The American Union is
+      ... a state which, while one, is nevertheless composed of other
+      states even more essential to its existence than it is to theirs."
+
+   78 Constitution of the United States, Amendment XIV. Sec. 1.
+
+      A person may attain to citizenship in the United States in any of
+      seven different ways: 1. By birth--i.e. natural born. 2. By
+      naturalization, which usually requires continuous residence for five
+      years. 3. By treaty regulation. 4. By statute of Congress. 3. By
+      annexation of territory. 6. By marriage--if a foreign woman marries
+      an American citizen. 7. By honorable discharge from the army or
+      navy, upon which the court admits to citizenship regardless of the
+      time of residence in the United States.
+
+      In the United States we recognize a dual citizenship--citizenship in
+      the United States, and citizenship in a State. Any person who is a
+      citizen of the United States is also a citizen of the State wherein
+      he or she resides. Nine different States grant the right of suffrage
+      and State citizenship to such foreigners as take out their first
+      naturalization papers. These States are Alabama, Arkansas, Indiana,
+      Kansas, Missouri, Nebraska, Oregon, South Dakota, and Texas.
+
+      Citizenship must not be confused with the right of suffrage. Neither
+      one necessarily includes the other. All citizens cannot
+      vote--children for example. All voters are not necessarily citizens,
+      those in the above nine States for example.
+
+      Aliens in the United States have practically all the civil rights
+      that are enjoyed by citizens, but they do not have political rights.
+      An alien may purchase, own, and convey property. He may sue and be
+      sued in the courts.
+
+      "There can be no doubt that the minimum expectation of the framers
+      of this amendment to the Constitution was that it would make the
+      first eight amendments to the Constitution binding upon the states,
+      as they already were upon the Federal Government, and that it should
+      be susceptible not only of negative enforcement by the courts but
+      also of direct positive enforcement by Congress."--_Cyclopedia of
+      American Government_, Vol. II, p. 41.
+
+   79 Constitution of the United States, Amendment XV.
+
+   80 "By a series of decisions the most important of which were those in
+      the Slaughter House cases (16 Wallace 36) and in the Civil Rights
+      Cases (109 U.S. 3) the United States Supreme Court established the
+      following principles: (1) that the prohibitions of the fourteenth
+      amendment are addressed to the states as such and not to private
+      individuals; (2) that these prohibitions contemplate only positive
+      state acts and not acts of omission; (3) that the amendment
+      recognizes a distinction between state citizenship and United States
+      citizenship; (4) that it protects from state abridgement only 'the
+      privileges and immunities' which the Constitution by its other
+      provisions bestows upon 'citizens of the United States' as
+      such."--_Cyclopedia of American Government_, Vol. II, p. 41.
+
+      The nineteenth amendment which is now ratified by the States,
+      provides that "the right of citizens of the United States to vote
+      shall not be denied or abridged by the United States or by any State
+      on account of sex."--Constitution of the United States, Amendment
+      XIX.
+
+   81 "The good citizen must in the first place, recognize what he owes
+      his fellow citizens. If he is worthy to live in a free republic he
+      must keep before his eyes his duty to the nation of which he forms a
+      part. He must keep himself informed, and he must think of himself as
+      well as of the great questions of the day; and he must know how to
+      express his thoughts."--Theodore Roosevelt.
+
+   82 In receiving applications for the many appointments which it was his
+      duty to make, President Taylor said: "I shall make honesty, capacity
+      and fidelity indispensable requisites to the bestowal of office; and
+      the absence of any one of these qualities shall be deemed sufficient
+      cause for removal."
+
+   83 "The American Constitution is the most wonderful work ever struck
+      off at a given moment by the brain and purpose of man."--William E.
+      Gladstone.
+
+      "It will be the wonder and admiration of all future generations and
+      the model of all future constitutions."--William Pitt.
+
+      "Our fathers by an almost divine prescience, struck the golden
+      mean," when they made the Constitution.--Pomeroy.
+
+      "It (The U. S. Constitution) ranks above every other written
+      constitution for the intrinsic excellence of its scheme, its
+      adaptation to the circumstances of the people, the simplicity,
+      brevity and precision of its language, its judicious mixture of
+      definition in principle with elasticity in details."--James Bryce.
+
+   84 "This is the most famous writ in the law; and, having for many
+      centuries been employed to remove illegal restraint upon personal
+      liberty, no matter by what power imposed, it is often called the
+      great writ of liberty."--Bouvier's _Law Dictionary_, Vol. I, p. 917.
+
+   85 In 1861 Chief Justice Taney decided in the United States Circuit
+      Court of Maryland that Congress alone possessed the power under the
+      Constitution to suspend the writ.--_American Law Register_, 524.
+
+      The privilege of the writ is, however, necessarily suspended
+      whenever martial law is declared in force; for martial law suspends
+      all civil process.
+
+      "As a recognized legal remedy, resort to the proceeding by habeas
+      corpus may be had where a person is imprisoned under pretended legal
+      authority which in fact for any reason is absolutely void, as where
+      the warrant of arrest or commitment is insufficient or the
+      proceeding under which the warrant was issued was without legal
+      authority."
+
+      "A state court or judge cannot inquire by habeas corpus into the
+      validity of arrest or detention of a person under federal authority.
+      The right to redress in such cases, if any, must be sought in the
+      Federal courts. But on the other hand Federal courts and judges may
+      inquire into the cause of the restraint of liberty of any person by
+      a state when the justification of Federal authority or immunity is
+      set up for the act complained of."--_Cyclopedia of American
+      Government_, Vol. II, p. 106.
+
+   86 Constitution of the United States, Art. I, Sec. 9, Cl. 3.
+
+      "The effect of attainder upon a felon is, in general terms, that all
+      his estate, real and personal, is forfeited; that his blood is
+      corrupted, and so nothing passes by inheritance to, from or through
+      him."
+
+      "In the United States the doctrine of attainder is now scarcely
+      known, although during and shortly after the Revolution acts of
+      attainder were passed by several of the states. The passage of such
+      bills is expressly forbidden by the Constitution."--Bouvier's _Law
+      Dictionary_, Vol. I, p. 190.
+
+      "A bill of attainder, as thought of in the United States to-day,
+      would be such law as permitted a person charged with the commission
+      of a crime, to be tried and found guilty and sentenced without being
+      present at the trial." It is one of the rules of procedure in court
+      to-day that in all criminal cases the person charged with crime must
+      be present during the entire trial. Another fundamental judicial
+      fact is that all criminal punishment terminates with the death of
+      the person found guilty; his children are exempt.
+
+   87 "An ex-post-facto law is a law which in its operation makes an act
+      criminal which was not criminal at the time the act was committed,
+      or provides a more severe punishment for criminal acts already
+      committed, or changes the rules of procedure so as to make it more
+      difficult for one accused of crime to defend in a prosecution of
+      such crime." "The prohibition relates to retroactive criminal
+      statutes providing a punishment for an act previously committed or
+      increasing the punishment making it more difficult for the accused
+      to defend, but not to retroactive laws, even though criminal, which
+      mitigate the punishment or merely change or regulate the procedure
+      without imposing any additional substantial burden on the accused in
+      making his defense."--_Cyclopedia of American Government_, Vol. I, p.
+      700.
+
+      We should keep in mind that both "bills of attainder" and "ex post
+      facto" laws have only to do with crimes and their punishment. These
+      laws do not relate to civil matters.
+
+   88 Constitution of the United States, Art. I, Sec. 8.
+
+      Titles of nobility as recognized in many European countries include
+      the following: duke, earl, marquis, viscount, and baron. These
+      titles were in part hereditary and in part acquired. They always
+      conferred special privileges both in rank and in political
+      preferment. Such titles cannot exist in a democracy because they in
+      their very nature destroy equality before the law, and that is the
+      fundamental principle of democratic government.
+
+      "The provisions prohibiting the granting of titles of nobility are
+      designed, no doubt, first to preserve equality before the law, and
+      second, to secure in perpetuity a republican form of government.
+      Such provisions are not essential to theoretical equality before the
+      law, for such equality is fundamental in the law of England
+      notwithstanding the existence of titles of nobility. But the framers
+      of the Constitution evidently contemplated a form of government in
+      which there should be no special privileges conferred by rank or
+      title. The additional provision in the Federal Constitution
+      prohibiting the acceptance by any person holding any office of
+      profit or trust under the United States of any present, emolument,
+      office or title from any foreign sovereign or power without the
+      consent of Congress, was probably intended to prevent the exercise
+      of foreign influence in governmental affairs. These articles in the
+      Constitution are substantially borrowed from the Articles of
+      Confederation."--Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. II, p. 58.
+
+   89 Constitution of the United States, Art. III, Sec. 3, Cl. 1.
+
+      Treason is defined in this article of the Constitution and therefore
+      Congress cannot define it in any other manner. Many people use the
+      word "treason" very loosely. They often speak of a person committing
+      treason when the act committed is not treasonable at all, but is
+      some less severe crime. Treason consists only in levying war against
+      the United States or in giving aid or comfort to enemies of the
+      United States.
+
+      The meaning of "two witnesses to the same overt act" is that the
+      Constitution requires that two persons will appear in court and
+      swear to the fact that they personally saw the act committed. "Overt
+      act" means "openly committed act". Chief Justice John Marshall knew
+      that in the trial of Aaron Burr it would be impossible to get two
+      persons to swear to having seen Burr commit the conspiracy, so he
+      took advantage of the technicality in the indictment and threw the
+      case out of court. This trial was held at Richmond, Virginia.
+
+      "Confession in open court" is about the only instance in which such
+      confession will convict a person charged with committing a crime. As
+      a rule a person's own confession will not be accepted as evidence
+      against him, in criminal prosecutions, because few confessions are
+      made without some threat or inducement and under the guaranty (p.
+      99) that a person cannot be compelled to be a witness against
+      himself they are excluded.
+
+   90 Constitution of the United States, Art. III, Sec. 2, Cl. 3.
+
+      Impeachment is the manner of trial fixed by the Constitution for the
+      trial and removal of Federal officers who are accused of treason,
+      bribery, and other high crimes and misdemeanors. Congress alone has
+      the power of conducting an impeachment of Federal officers. The
+      legislature of a State has the power of impeaching State officers.
+      Impeachment, as the word is commonly used, includes both accusation
+      and trial. The "Impeachment" or accusation is brought by a
+      two-thirds vote of the lower house, and the trial and conviction or
+      acquittal is carried on by the upper house. Andrew Johnson,
+      President of the United States, was impeached--i.e. he was formally
+      accused, but he was acquitted in his trial in the Senate. Conviction
+      in an impeachment proceeding causes an officer to be removed from
+      office and disqualified from ever holding any office of honor or
+      trust under the government again. A person may be convicted and not
+      given the full penalty. He may be only removed from office, but not
+      disqualified from again holding office.
+
+      It is possible that a crime may be committed on a river that forms
+      State boundaries. Where a river forms a boundary the middle of the
+      main channel is made the boundary line. It is often difficult to
+      determine on which side of the line the crime was committed, and
+      both States may then claim to have jurisdiction over the case. This
+      must be decided as any other fact in the case.
+
+      The manner of the trial in use, before jury trial was established,
+      was by ordeal or by battle. In trial either by ordeal or by battle
+      the issue was left to God to decide and He was thought to perform a
+      miracle to reveal the guilt or innocence of the accused person. One
+      form of ordeal was to compel the accused to plunge his arm into
+      boiling water and if innocent the Lord would protect him from being
+      scalded. Another form of ordeal was to compel the accused to walk
+      barefoot over hot plow shares. If innocent the Lord would again
+      protect his feet from being burned.
+
+      The first form of jury to displace the old ordeal or battle as a
+      means of deciding guilt or innocence was the "compurgators" or "oath
+      bearers". They comprised a group of men who would appear before the
+      court and give oath that the accused was not a bad man and had
+      committed no crime. They did not investigate the accusation, they
+      only testified to the good character of the accused. If a man
+      accused could not produce compurgators, he must undergo the ordeal.
+      The duty of these oath bearers gradually became more extended until
+      they became investigators, and finally became a grand jury.
+
+   91 Constitution of the United States, Art. IV, Sec. 2, Cl. 1.
+
+      "The right of a citizen of one state to pass through, or to reside
+      in, any other state, for purposes of trade, agriculture,
+      professional pursuits, or otherwise; to claim the benefit of habeas
+      corpus; to institute and maintain actions of any kind in the courts
+      of the state; to take, hold and dispose of property, either real or
+      personal; and an exemption from higher taxes or impositions than are
+      paid by the other citizens of the state; may be mentioned as some of
+      the particular privileges and immunities of citizens, which are
+      clearly embraced by the description"--Corfield vs. Coryell,
+      _Washington C. C. Rep. 380_.
+
+   92 Constitution of the United States, Art. 6, Cl. 3.
+
+      While no religious test of any kind may ever be required from any
+      officer of the United States as a condition of his being elected, or
+      holding office, public sentiment nevertheless favors Christian
+      character among the people. If a candidate for office were an
+      atheist and made public confession as to his lack of belief in God,
+      it would doubtless mitigate against his election.
+
+      "The general principle of equality of all persons before the law
+      excludes discriminations made on account of religions belief, with
+      the result that religious tests should not be made the basis of
+      political rights or for determining qualifications for office or in
+      general for the possession, exercise, or protection of civil
+      rights."--Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. III, p. 176.
+
+      "This clause was introduced for the double purpose of satisfying the
+      scruples of many persons who feel an invincible repugnance to any
+      religious test or affirmation, and to cut off forever every pretence
+      of any alliance between church and state in the national
+      government"--Story's Const. Sc. 1841.
+
+   93 A glance at the motives of Europeans in coming to America will
+      reveal the fact that thousands of the best people of European
+      countries left their homes to escape either religious or political
+      persecution at the hands of the government or the king. Such was
+      true of the Huguenots of France, the Pilgrims and Puritans of
+      England, and only recently, the Jews of Russia.
+
+      The laws of "attainder" in England in the early times confiscated
+      the property of persons, however innocent they themselves might be,
+      if they were near relatives of other persons who had committed grave
+      crimes.
+
+      Before the passage of the Habeas Corpus Act of 1679 in England, any
+      person of royalty or high official standing in the government could
+      falsely accuse another person of crime and cause that innocent
+      person to languish in prison for years, or even for life, because he
+      could not get before a court of justice to establish his innocence.
+
+      In many European countries the peasants were burdened with taxes to
+      support kings and courts without the slightest representation in the
+      tax levying authority. In France, just preceding the French
+      Revolution, the peasants were obliged to purchase a certain number
+      of barrels of salt each year, without having the slightest use for
+      the salt, because the crown lands produced salt and the revenues
+      went to the king.
+
+      In many European countries a state church was established and the
+      people obliged to support it by taxes levied against their property,
+      regardless of whether it represented their religious beliefs.
+
+   94 A comparison of the provisions of the Declaration of Independence
+      with those of the Constitution will show the wrongs of the English
+      king righted by the Constitution.
+
+      Declaration of Independence.--"He has refused assent to laws the most
+      wholesome and necessary for the public good."
+
+      Constitution of the United States.--A bill if vetoed by the President
+      may be repassed by two-thirds of the senate and house of
+      representatives.
+
+      Declaration of Independence.--"He has forbidden his governors to pass
+      laws of immediate and pressing importance."
+
+      Constitution of the United States.--Congress shall have the power to
+      lay and collect taxes, duties, etc. (See Const. Art. I, �. 8.)
+
+      Declaration of Independence.--"He has dissolved representative houses
+      repeatedly, for opposing with manly firmness, his invasions on the
+      rights of the people."
+
+      Constitution of the United States.--Congress shall meet at the seat
+      of government--once each year.
+
+      Declaration of Independence.--"He has refused, for a long time after
+      dissolution, to cause others to be elected."
+
+      Constitution of the United States.--The time, place and manner of
+      holding elections for Senators and Representatives, shall be
+      prescribed in each State by the legislature thereof.
+
+      Declaration of Independence.--"He has obstructed the administration
+      of justice."
+
+      Constitution of the United States.--Jurisdiction of Courts fixed by
+      Constitution. Judges not responsible to the President, but to
+      Congress, which represents the people.
+
+      Declaration of Independence.--"He has made judges dependent on his
+      will alone."
+
+      Constitution of United States.--Judges subject to removal only by
+      impeachment by Congress.
+
+      Declaration of Independence.--"He has kept standing armies ...
+      without consent of the legislature."
+
+      Constitution of the United States.--"Congress shall have power to
+      raise and support armies." "To provide and maintain a navy."
+
+      Declaration of Independence.--"For transporting us beyond seas to be
+      tried for pretended offenses."
+
+      Constitution of the United States.--"Such trial shall be held in the
+      state where said crime shall have been committed."
+
+      Declaration of Independence.--"For depriving us, in many cases, of
+      the right of trial by jury."
+
+      Constitution of the United States.--"The trial of all crimes, except
+      in case of impeachment, shall be by jury."
+
+      Declaration of Independence.--"For quartering large bodies of armed
+      troops among us."
+
+      Constitution of the United States.--"No soldier shall in time of
+      peace, be quartered in any house without the consent of the owner."
+
+      Declaration of Independence.--"For imposing taxes on us without our
+      consent."
+
+      Constitution of the United States.--"Congress shall have power to
+      levy and collect taxes."
+
+   95 On December 2, 1917, in New York City, in a meeting of men who
+      called themselves Bolshevists and I. W. W.'s, the following
+      paragraph was an introduction to a set of resolutions drawn up: "We
+      are the Bolshevists of America. We denounce governments,
+      institutions and society; we hail social revolution and the
+      destruction of the existing order of things."
+
+      In the preamble to the Constitution of the Independent Workers of
+      the World (I. W. W.) we find this statement: "The working class and
+      the employing class have nothing in common. Between these two
+      classes the struggle must go on, until the workmen of the world
+      organize as a class, take possession of the earth and the machinery
+      of production, and abolish the wage system. Our motto is--_The
+      abolition of the wage system._"
+
+      How foolish is the above statement that the working class and the
+      employing class have nothing in common. The truth of the matter is
+      that they have everything in common. Every employer--almost without
+      exception--was once a workman. He was a successful workman, therefore
+      he became more than a workman--he became an employer. Furthermore,
+      workmen cannot exist without employment. Neither can employers exist
+      without the workmen. They are not only each concerned in the welfare
+      of the other; neither can exist without the other.
+
+      The following is another passage taken from the resolutions drawn up
+      by the Bolshevists in which they say the general strike is their
+      weapon of defense: "We will strike for a six hour day, then for a
+      four hour day, then for a two hour day, with increased wages all the
+      time, and then we will be strong enough to take everything and work
+      no more."
+
+      We wonder how any sensible man can believe such logic as this. Was
+      it not Saint Paul who said that if any man would not work neither
+      should he eat.
+
+      The Socialist party platform of 1912 declared in favor of the
+      abolition of the United States Senate, the amendment of the
+      Constitution of the United States by a majority vote of the people,
+      the election of judges for short terms of office, the denial of the
+      right of the U. S. Supreme Court to declare the acts of Congress
+      void.
+
+   96 Article V of the Constitution of the United States provides for the
+      amendment of that fundamental law of the country. It says amendments
+      may be proposed by a bill for amendment being introduced into either
+      house of Congress and passing each house by a two-thirds vote, or
+      secondly, by the State legislatures of two-thirds of the States
+      demanding that Congress call a national convention in which
+      amendments may be proposed. If these proposed amendments are
+      ratified by the legislatures of three-fourths of the States or by
+      conventions called in three-fourths of the States, they become an
+      integral part of the Constitution.
+
+   97 Some of this good legislation includes: Child Labor Laws; Workmen's
+      Compensation Laws; Industrial Insurance for Workingmen; Compulsory
+      Education; Pure Food Laws; Better Sanitary Conditions in Factories;
+      Safety Appliances; Free Medical Inspection for School Children; and
+      Care of the Poor.
+
+   98 If you read carefully the fifth article of the Constitution of the
+      United States, you will learn that the Constitution may be amended
+      either by the people's representatives who sit in Congress, and in
+      State legislatures, or by the legislatures of the States demanding
+      that a National convention shall be called in which the people may
+      choose the members Which ever method of amending the Constitution is
+      used, it is the people who exercise the power of changing the
+      Constitution.
+
+   99 Every teacher in every public school ought to feel in duty bound to
+      teach the fundamental principles of the Constitution to all the
+      children in the school. A recitation period ought to be set aside
+      each day for the study of civics of the community, of the locality,
+      of the State, and of the United States. Every pupil in every public
+      school ought to feel proud of the opportunity to learn how his
+      government is made and how his government works, how he may become a
+      helpful citizen by being an intelligent voter when he comes to be a
+      man. Adult people ought to organize civic clubs in the community for
+      the discussion and study of questions of government and politics.
+
+  100 The following suggestions have been made by good, honest people who
+      have their country's welfare at heart. Thus far the people as a
+      whole have not advocated their adoption, but some of them may be
+      made part of the Constitution in time to come.
+
+      a. The direct popular election of President and Vice President of
+      the United States.
+
+      b. The adoption of the initiative, referendum, and recall in the
+      National government.
+
+      c. Federal legislation governing both marriage and divorce
+      throughout the Nation.
+
+      d. Federal jurisdiction over all cases affecting foreigners--for
+      example in instances like the Italian riot in New Orleans, or in the
+      Japanese problem on the Pacific coast.
+
+  101 The following is a brief outline of the various attempts at union
+      among the colonies.
+
+      (a) 1643-1684--New England Confederation: Massachusetts Bay;
+      Plymouth; Connecticut; New Haven.
+      (b) 1684--Albany Council.
+      (c) 1690--First Colonial Congress.
+      (d) 1696--William Penn's Plan.
+      (e) 1701--Robert Livingston's Plan.
+      (f) 1722--Plan of Daniel Cox.
+      (g) 1754--Plan of Rev. Mr. Peters.
+      (h) 1754--Plan of the Lords of Trade.
+      (i) 1754--Albany Plan.
+      (j) 1765--Stamp Act Congress.
+      (k) 1774--First Continental Congress.
+      (l) 1775--Second Continental Congress.
+      (m) 1781--Congress of the Confederation.
+      (n) 1787--The Federal Convention.
+      (o) 1789--The New Government.
+
+      The chief reasons keeping the colonies apart were:
+
+      1. Natural geographical divisions--North, Middle, and South.
+      2. The great differences in size--Virginia many times larger than
+      Rhode Island.
+      3. The instinct of local self government.
+      4. Character of settlers and the motives in making settlements.
+      5. The slave question, especially after 1750.
+      6. Their different forms of government--Royal, Proprietary, Charter.
+
+      The very first attempt at constitution making in the colonies was
+      the Mayflower Compact, adopted on board the ship Mayflower before
+      landing on December 20, 1620. It reads as follows: "We, whose names
+      are underwritten, the loyal subjects of our dred soveraigne King
+      James, by the grace of God, of Great Britain, France and Ireland
+      King, defender of the faith, etc. having undertaken, for the glory
+      of God, and advancement of Christian faith and honor of our king and
+      country, a voyage to plant the first colony in 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 hereunder subscribed our names, at Cape
+      Cod, the 11th of November, in the year of the reign of our sovereign
+      lord, King James, of England, France and Ireland the eighteenth, and
+      of Scotland the fifty-fourth, Anno Domini."
+
+      The first real attempt at formal constitution making was the
+      "Fundamental Orders of Connecticut", 1639. These "Orders" formed an
+      elementary constitution with three departments of government and the
+      duties and powers of each department fairly well set forth. The
+      Fundamental Orders are frequently referred to as the first written
+      constitution in America.
+
+      The Articles of Confederation were made by the _thirteen States_ in
+      the name of the _States_. The Constitution was made by the
+      _delegates of the people_ in the name of the _people of the United
+      States_. The first was a _compact_ or friendly agreement; the second
+      was a _contract_ or binding union.
+
+  102 Great modifications have been made in nearly all of the State
+      Constitutions, an excellent analysis of which may be found in
+      Bryce's _American Commonwealth_ (Third Edition), Vol. I, p. 443.
+
+  103 Since the alliance of the original thirteen States, thirty-five have
+      been admitted into the Union by acts of Congress either directing
+      the people to select delegates and enact a Constitution or accepting
+      a Constitution already made by the people. An illustration of the
+      former method of procedure is offered in 25 U. S. St. at L. 676 c
+      180, providing for the admission of North Dakota, South Dakota,
+      Montana, and Washington into the Union, and of the latter in 26 U.
+      S. St. at L. 215 c 656; 222 c 664, providing for the admission of
+      Idaho and Wyoming. "Of these instruments (State Constitutions),
+      therefore, no less than of the Constitutions of the thirteen
+      original States, we may say that although subsequent in date to the
+      Federal Constitution, they are, so far as each state is concerned de
+      jure prior to it. Their authority over their own citizens is nowise
+      derived from it."--Bryce's _American Commonwealth_ (Third Edition),
+      Vol. I, p. 431.
+
+  104 "A constitution is an instrument of government, made and adopted by
+      the people for practical purposes, connected with the common
+      business and wants of human life. For this reason pre-eminently
+      every word in it should be expounded in its plain, obvious and
+      common sense."--Per Allen J., in Peo v. New York, Cent. R. Co., 24 N.
+      Y. 485, 486.
+
+  105 Legislatures cannot change Constitutions. "I consider the people of
+      this country as the only sovereign power. I consider the legislature
+      as not sovereign, but subordinate; they are subordinate to the great
+      constitutional charter, which the people have established as a
+      fundamental law and which alone has given existence and authority to
+      the legislature."--Per Roane, J. in Kanper v. Hawkins, 1 _Va. Cas._
+      20, 86.
+
+  106 "Some of the state constitutions provide for periodically submitting
+      to the voters the question whether a convention shall be called to
+      revise and amend the constitution. Regardless of whether or not
+      provision is made for periodical resubmission of the question of
+      calling a convention, the constitutions usually provide that the
+      legislature may, of its own volition, submit to a vote of the people
+      the question whether a convention shall be called, and subject to
+      any existing constitutional limitations, may prescribe the time and
+      manner of electing delegates to such convention."
+
+  107 Teachers and school officers can perform no higher duty, can render
+      no greater service to America, than to encourage the use of school
+      buildings for public gatherings. They should be real community
+      centers. In the city of Minneapolis, the Superintendent of Schools
+      has recently reported that for the year ending July 1st, 1920, there
+      were 5070 meetings held in the public school buildings, with a total
+      attendance of 325,734 persons. There were 1434 cultural meetings,
+      751 civic sessions, 2501 recreative gatherings, and 334 social
+      festivals. Rural consolidated school buildings ought always be
+      planned for civic centers as well as school-houses. They ought to
+      provide a large assembly hall where community gatherings may be
+      held. They ought to provide a large and well equipped gymnasium
+      where both children and adults may enjoy athletic contests and
+      indoor games. These buildings ought to be open to the people every
+      evening during the week if the attendance warrants.
+
+  108 One mark of good citizenship is the respect shown to emblems of
+      authority. All good citizens rise to their feet and remain standing
+      during the playing or singing of the National anthem. We ought to
+      cultivate such habits until they become reflex: i. e. until we do
+      them as a matter of course without being told by the teacher in
+      school or by the leader of the choir or some other person.
+
+      Every school boy and girl ought to commit to memory the words of the
+      Star Spangled Banner and of America. The teacher can make the
+      singing of patriotic songs and the learning of patriotic poems and
+      speeches a part of the opening exercises of the school. Poems and
+      speeches learned in childhood will generally remain with us
+      throughout life.
+
+  109 Radicalism of thought and action can generally be traced to the
+      segregation of the people into small groups where the individual is
+      alone in his thinking. Association and cooperation tend to break up
+      individualism. Where men and women come together in thought and
+      consideration, there is always developed a tendency toward
+      moderation. Our present day complex society demands that every
+      individual yield something for the good of the whole community. The
+      yielding process is a moderating process. Anarchy stands for the
+      division of society into individuals where each individual becomes
+      selfish and dominating over others around him. Loyalty to the Nation
+      and the State requires that the individual shall co�perate with his
+      neighbor and that he shall work in harmony with other people in the
+      community. If people would more often assemble and discuss the needs
+      of the entire community and how each may help to make the entire
+      community better, we would have less of class distinction and more
+      of social harmony and of economic prosperity.
+
+  110 Republican government is government by the people through their
+      chosen representatives. Republican government can only be good
+      government and effective government, when every qualified voter will
+      assume his full duty in helping carry on the government. This duty
+      is exercised through the casting of an intelligent ballot on
+      election day. In the presidential election of 1908 the percentage of
+      qualified voters actually voting ranged from 15.8 per cent to 88.1
+      per cent, the average for all States being 60.5 per cent.
+
+  111 In colonial times in America there was nothing like universal
+      manhood suffrage. One-half of all the colonies required church
+      membership for a suffrage right. By about 1700 all colonies required
+      ownership of property for voting. This was not entirely abolished
+      until about 1850. The State of Rhode Island still requires property
+      to the extent of $134 for voting in municipal elections.
+
+      The colony of Virginia required the holding of a freehold of fifty
+      acres of land without a house, or twenty-five seres of land with a
+      house at least twelve feet square. Pennsylvania required a freehold
+      of fifty acres with twelve acres improved.
+
+      In most colonies a greater property qualification was required for
+      voting for members of the upper house of the legislature than for
+      members of the lower house.
+
+      Several colonies and early States limited office holding to
+      Protestants.
+
+      The Constitution of the United States now declares that no State
+      shall deny to any person the right to vote because of _race_,
+      _color_, or _previous condition of servitude_, or _because of sex_.
+      The Nineteenth Amendment enables women to vote on an equality with
+      men.
+
+      A State may add further qualifications for voting, but no State may
+      deny the right to vote for any of the above reasons. Several States
+      have added literacy tests for voting, and others have denied the
+      right to vote to such as are insane or who have been convicted of
+      crime, unless pardoned by the Governor. A few States deny suffrage
+      to those whose taxes are delinquent.
+
+  112 The following countries of the world have equal suffrage: New
+      Zealand, 1893; South Australia, 1895; West Australia, 1900; The
+      Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904;
+      Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913;
+      Norway, 1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark,
+      1915; England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919;
+      Luxemburg, 1919; Germany, 1919; Austria, 1919. In no other country
+      in the world is the right of suffrage more fully granted than in the
+      United States since the adoption of the Nineteenth Amendment.
+
+  113 "Any government is free to the people under it (whatever be the
+      frame) where the laws rule and the people are a party to those
+      laws."--William Penn.
+
+  114 "It is, Sir, the people's Constitution, the people's government,
+      made for the people, made by the people and answerable to the
+      people."--Daniel Webster.
+
+  115 "In truth success cannot be expected from any system of government
+      unless the individuals who compose the State entertain the respect
+      for the personal rights and liberties of all."--David Jayne Hill.
+
+  116 "We cannot, we must not, we dare not, omit to do that which, in our
+      judgment, the safety of the Union requires."--Daniel Webster.
+
+  117 "Americanization always implies obligation; free choice determines
+      its acceptance, and its extension must come through avenues of
+      intelligent comprehension rather than through physical or
+      governmental domination."--Winthrop Talbot.
+
+  118 "The fundamental evil in this country is the lack of sufficiently
+      general appreciation of the responsibility of citizenship."--Theodore
+      Roosevelt.
+
+      Teachers of children may well place greater emphasis on _ideals_,
+      _character_, and _personality_ as factors in the making of a Nation.
+      Teachers ought to lay greater stress on biography in the teaching of
+      history, civics, and citizenship. Teach children both to know and to
+      love Washington, Lincoln, and Roosevelt. Teach older pupils and
+      students to realize that the aims, ideals, and achievements of a
+      Nation can never be higher than the aims, ideals, and achievements
+      of the individuals comprising that Nation. To know the lives and
+      characters of America's great men and women is to know American
+      history, for they made American history what it is. Young people
+      enjoy the study of great characters. We all retain a love for heroes
+      and heroines however old we grow. Such study adds color and life to
+      history and government and humanizes the entire subject. Teach lives
+      and institutions rather than mere facts. Inculcate into the lives of
+      boys and girls, and of men and women, a love for our country, for
+      the men and women who made it, and for the institutions in which
+      they have a part. Teach them that patriotism and loyalty are not
+      duties only, but are rather the highest privileges given to the
+      people of a republic.
+
+
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION***
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+  <div class="tei tei-front" style="margin-bottom: 6.00em; margin-top: 2.00em">
+    <div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+      <div id="pgheader" class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><p class="tei tei-p" style="margin-bottom: 2.00em">The Project Gutenberg EBook of The Short Constitution by Martin J. Wade and William F. Russell</p></div><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><p class="tei tei-p" style="margin-bottom: 1.00em">This eBook is for the use of anyone anywhere at no cost
+          and with almost no restrictions whatsoever. You may copy it,
+          give it away or re-use it under the terms of the Project
+          Gutenberg License <a href="#pglicense" class="tei tei-ref">included with this
+          eBook</a> or online at <a href="http://www.gutenberg.org/license" class="tei tei-xref">http://www.gutenberg.org/license</a></p></div><pre class="pre tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em">Title: The Short Constitution
+
+Author: Martin J. Wade and William F. Russell
+
+Release Date: January 3, 2011 [Ebook #34839]
+
+Language: English
+
+Character set encoding: UTF-8
+
+
+***START OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION***
+</pre></div>
+    </div>
+    <div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+      
+    </div>
+
+    <hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.73em"><span style="font-size: 173%">The Short Constitution</span></p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.20em"><span style="font-size: 120%">Elementary Americanism Series</span></p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Being a Consideration of the
+Constitution of the United States, With Particular Reference to the Guaranties of Life,
+Liberty, and Property Contained Therein, Sometimes Designated The Bill Of Rights</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">By</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">Martin J. Wade</span></p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Judge of the United States District Court</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">And</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">William F. Russell</span></p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Dean of the College of Education, University of Iowa</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Annotations By</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">Charles H. Meyerholz</span></p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Professor of Social Science, Iowa State Teachers College</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Third and Revised Edition</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">American Citizen Publishing Co.</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Iowa City</p>
+      <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Copyright, 1920, 1921</p>
+    </div>
+    <hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+      <h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Contents</span></h1>
+      <ul class="tei tei-index tei-index-toc"><li><a href="#toc1">About The Authors</a></li><li><a href="#toc3">Preface</a></li><li><a href="#toc5">I. The Judge's First Talk</a></li><li><a href="#toc7">II. Government</a></li><li><a href="#toc9">III. Liberty</a></li><li><a href="#toc11">IV. America—A Democracy</a></li><li><a href="#toc13">V. America—A Republic</a></li><li><a href="#toc15">VI. Law</a></li><li><a href="#toc17">VII. The Constitution</a></li><li><a href="#toc19">VIII. Making The Constitution</a></li><li><a href="#toc21">IX. Freedom</a></li><li><a href="#toc23">X. Military Provisions</a></li><li><a href="#toc25">XI. Search Warrant And Indictment</a></li><li><a href="#toc27">XII. Rights Of Accused</a></li><li><a href="#toc29">XIII. Life, Liberty, And Property</a></li><li><a href="#toc31">XIV. Criminal Trials</a></li><li><a href="#toc33">XV. The Indictment</a></li><li><a href="#toc35">XVI. Guarding Rights In Court</a></li><li><a href="#toc37">XVII. Punishment</a></li><li><a href="#toc39">XVIII. Equal Rights Of Citizens</a></li><li><a href="#toc41">XIX. Writ Of Habeas Corpus</a></li><li><a href="#toc43">XX. Other Prohibited Laws</a></li><li><a href="#toc45">XXI. Titles, Gifts, Treason</a></li><li><a href="#toc47">XXII. Jury, Except In Impeachment</a></li><li><a href="#toc49">XXIII. Wrongs Under King George</a></li><li><a href="#toc51">XXIV. Shall Any Part Be Repealed</a></li><li><a href="#toc53">XXV. Amending The Constitution</a></li><li><a href="#toc55">XXVI. Machinery Of The Government</a></li><li><a href="#toc57">XXVII. State Constitutions</a></li><li><a href="#toc59">XXVIII. The Suffrage</a></li><li><a href="#toc61">A Word To The The Teachers And Others</a></li><li><a href="#toc63">Declaration Of Independence</a></li><li><a href="#toc65">Constitution Of The United States</a></li><li><a href="#toc67">Articles In Addition To, And Amendment Of The Constitution Of
+The United States Of America, Proposed By Congress, And Ratified
+By The Legislatures Of The Several States Pursuant To The Fifth
+Article Of The Original Constitution</a></li><li><a href="#toc69">Footnotes</a></li></ul>
+    </div>
+
+  </div>
+<div class="tei tei-body" style="margin-bottom: 6.00em; margin-top: 6.00em">
+
+<span class="tei tei-pb" id="page003">[pg 003]</span><a name="Pg003" id="Pg003" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What Has America
+Done For Me And
+For My Children?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This question may not be
+spoken, but it is in the
+hearts of millions of
+Americans to-day.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+All those who attempt
+to teach Americanism to
+foreigners, <em class="tei tei-emph"><span style="font-style: italic">and to Americans</span></em>,
+must be prepared <em class="tei tei-emph"><span style="font-style: italic">to answer
+this question</span></em>. <em class="tei tei-emph"><span style="font-style: italic">It can only be
+answered</span></em> by teaching the individual
+guaranties of the Constitution of
+the United States, and of the States,
+which protect life and liberty and
+property.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">It can only be answered</span></em> by convincing
+the people that this is a
+land of justice and of opportunity
+for all; that if there be abuses,
+they are due not to our form of
+government, but that the people
+are themselves to blame, because of
+<span class="tei tei-pb" id="page004">[pg 004]</span><a name="Pg004" id="Pg004" class="tei tei-anchor"></a>
+their ignorance of their rights, their
+failure to realize their power, and
+their neglect of those duties which
+citizenship imposes.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+All over the land earnest men and
+women are endeavoring to teach
+the great truths of Americanism,
+and with substantial success; but
+those who understand human
+nature realize that the faith of our
+fathers can only be firmly established
+by lighting the fires of
+patriotism and loyalty in the hearts
+of our children. Through them the
+great truths of our National life
+can be brought into the homes of
+the land.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+And the Nation will never be safe
+until the Constitution is carried
+into the homes, until at every fireside
+young and old shall feel a new
+sense of security in the guaranties
+which are found in this great charter
+of human liberty, and a new feeling
+of gratitude for the blessings which
+it assures to this, and to all future
+generations.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page007">[pg 007]</span><a name="Pg007" id="Pg007" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc1" id="toc1"></a>
+<a name="pdf2" id="pdf2"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">About The Authors</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For a work designed to promote education in the
+spirit of American citizenship it would be difficult to
+imagine a more competent authorship than that which
+has been provided for <span class="tei tei-q">“The Short Constitution”</span>. Either of the
+writers alone would have produced a book of high standing
+in this field; the collaboration of the two makes it a remarkable
+production in its adaptation to the subject for home
+reading, the study club, and the school curriculum. It is
+unique, and has justly been termed <span class="tei tei-q">“the first real attempt to
+popularize Constitutional law.”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Federal Judge Martin J. Wade has had a varied contact
+with people in his long experience as practicing attorney, district
+judge, member of Congress, and Judge of the United
+States Court. A well known Iowa publicist, he has gained
+nation wide fame as a public speaker and writer on Americanization
+and citizenship topics, basing his themes on first-hand
+experiences with conditions which have produced much unrest
+throughout the Nation. As a member of the State
+Council of National Defense during the World War, and as
+presiding judge at the trial of many obstructionists in that
+period, he conceived the idea of the need for a school of
+Americanism, to teach what our country has done for its
+citizens. Clearness and eloquence mark his public addresses,
+and have enriched the arguments and illustrations of this
+first book of the <span class="tei tei-q">“Elementary Americanism Series”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Dean William F. Russell was the educational adviser sent
+with a group of experts by appointment of the President of
+the United States to advise disorganized Russia during the
+latter part of the World War; and also one of the five members
+of the China Educational Commission of North America,
+sent to China in 1921. His course of study in American
+<span class="tei tei-pb" id="page008">[pg 008]</span><a name="Pg008" id="Pg008" class="tei tei-anchor"></a>
+citizenship, written at the request of the National Masonic
+Research Society for use throughout the United States, was
+inspired by the observation that the government in Russia,
+in contrast with our own, was an agency that took money
+for its coffers and boys for its armies and gave nothing in
+return. In addition to his work as Dean of the College of
+Education of the State University of Iowa, and his record as
+a widely-known lecturer on educational topics, he has found
+time to write school texts notable for accurate and concise
+statement, adapted to arousing and sustaining interest in the
+student mind.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The authors have done more than present the facts about
+the Constitution of the United States, with particular emphasis
+on its personal guaranties. They have vitalized a
+topic generally thought to be dry and technical. They have
+succeeded in making the Constitution seem to be what it is,
+a factor of first importance in the daily life of the average
+citizen. It is not too much to say that the seed of this book
+should be planted in every home in America.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The admirable work of annotation by Professor Chas. H.
+Meyerholz, Professor of Social Science in the Iowa State
+Teachers College, gives much additional material for elementary
+and advanced study. Professor Meyerholz is well known
+as an authoritative teacher, writer, and lecturer on subjects
+pertaining to government, and has done much valuable
+Americanization work.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The elementary and advanced questions at the end of each
+chapter will serve as a guide to all teachers and leaders of
+study classes. The text of the Declaration of Independence
+and the Constitution of the United States, with the original
+capitalization and punctuation preserved, and an abridgement
+of a State Constitution, printed at the end of the book,
+are valuable for reference.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-hi"><span style="font-variant: small-caps">The Publisher</span></span>
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page009">[pg 009]</span><a name="Pg009" id="Pg009" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc3" id="toc3"></a>
+<a name="pdf4" id="pdf4"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Preface</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Short Constitution”</span> is one of a series of
+volumes entitled <span class="tei tei-q">“Elementary Americanism”</span>, intended
+for use in the home, the club, the school, and
+in general Americanization work.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is our hope that regular courses in <span class="tei tei-q">“Americanism”</span> will
+soon be established in all schools, colleges, and universities.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We use the term <span class="tei tei-q">“Americanism”</span> because we feel that it
+signifies something broader, deeper, and more appealing than
+any title now used in the schools in the teaching of American
+government, or citizenship, or the rights and duties of the
+citizens of the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We like the term <span class="tei tei-q">“America”</span> better than <span class="tei tei-q">“the United
+States”</span>. <span class="tei tei-q">“The United States”</span> suggests boundaries, codes,
+and constitutions. <span class="tei tei-q">“America”</span> suggests all these and then it
+suggests <em class="tei tei-emph"><span style="font-style: italic">spirit</span></em>. There <em class="tei tei-emph"><span style="font-style: italic">is</span></em> such a thing as <span class="tei tei-q">“Americanism”</span>. It
+includes all there is of information relating to our country;
+but it also has a soul <span class="tei tei-q">“Americanism”</span> relates to democracy,
+into which enter all the ideals, all the impulses and emotions
+of men, women, and children. <span class="tei tei-q">“Americanism”</span> teaches not
+only the relation of the States to the National government,
+and the relation of citizens to both the State and the National
+government, but it also teaches the relation of men,
+women, and children to each other.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This is a government by the people, and therefore we must
+understand the people in order that we, the people, may govern.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To arouse patriotism and loyalty we must do more than
+develop the powers of the mind, do more than expand the
+field of knowledge. We must inspire in the heart faith, confidence,
+and love. Men must not only learn how to govern,
+but they must learn how to be governed. We must not only
+learn to command, but also to obey. Our spirits must be so
+<span class="tei tei-pb" id="page010">[pg 010]</span><a name="Pg010" id="Pg010" class="tei tei-anchor"></a>
+molded that we can submit to duly constituted authority,
+submission to which is the most lofty expression of American
+patriotism.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Submission to authority in America is submission to law,
+for no man in this country has any authority to command or
+direct a fellowman, except as the law made by the people
+vests him with such authority.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To inspire devotion to our country we must arouse in the
+hearts of our people a sense of gratitude for the blessings
+which come to us because we live in free America, gratitude
+for the rights and liberties which we possess, which are protected
+by the guaranties of a written Constitution adopted by
+the people themselves.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There is only one way in which the average person may
+be brought to see what America has done for him, and that
+is by contrasting the rights, privileges, and opportunities
+which he has with those possessed by others in the same walk
+of life before the Constitution became the bulwark of the people
+against injustice and wrong.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The aim of <span class="tei tei-q">“The Short Constitution”</span> is to present, in a
+form as simple as possible, a definite knowledge of all the
+personal guaranties of the Constitution, with an explanation
+of what they mean, and what they have done in the advancement
+of human happiness; and a brief explanation of
+the machinery of government provided by the Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Everyone who understands human nature will admit that
+to mold the spirit, to inspire faith, and to excite gratitude
+training must begin in childhood. The child must learn:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+(a) What authority means.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+(b) The source of authority.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+(c) In whom authority rests: in the parent, in the teacher,
+and in public officers selected by the people to enforce
+the authority of the community, the State, and of
+the Nation.
+</span></p>
+
+<span class="tei tei-pb" id="page011">[pg 011]</span><a name="Pg011" id="Pg011" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+(d) How the authority of the people, the community, the
+State, and the Nation is expressed through laws which
+are nothing but rules of human conduct.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+(e) How we should respect authority and submit to
+authority.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+(f) How and by whom those who will not yield obedience
+to authority out of respect will be compelled to obey
+by punishment.
+</span></p>
+</div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We have adopted a new method of presenting this subject.
+In this country authority is largely administered
+through the courts. Judges of the courts construe the Constitution
+and the laws; and, generally with the aid of a jury,
+determine rights and wrongs, and enforce justice through
+their judgments and decrees.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We therefore feel that the subject <span class="tei tei-q">“Americanism”</span>, presented
+through the spoken word of a judge, will better gain
+and hold the attention of the pupil than in any other way.
+We have the teacher invite Judge Garland to deliver a series
+of <span class="tei tei-q">“Talks”</span> to the pupils, which are herein presented. By
+this direct method greater freedom of expression is permitted
+and with the aid of notes greater brevity is possible. In these
+<span class="tei tei-q">“Talks”</span> considerable apparent repetition will appear. This is
+essential to thorough understanding. Without reiteration it
+is impossible to accomplish our purpose which is not only to
+enlighten, but to inspire.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Our endeavor is to present the subject not from the standpoint
+of the government, but from the standpoint of the
+people. The <em class="tei tei-emph"><span style="font-style: italic">rights of the people</span></em> are of first importance in a
+Nation where men, women, and children are free. The State
+and the Nation have no rights except those given them by the
+people. Strictly speaking the Nation and the States have no
+<span class="tei tei-q">“rights”</span> but only the duty to exercise certain powers in the
+protection of the liberties of the people.
+</p>
+
+<span class="tei tei-pb" id="page012">[pg 012]</span><a name="Pg012" id="Pg012" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In America the rights of the people are supreme. The
+state exists for man, not man for the state.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To gain substantial results we must rely largely upon the
+industry and enthusiasm of the instructors. We are sure they
+will realize that in the <span class="tei tei-q">“upbuilding of the spirit”</span> a proper atmosphere
+must be created and maintained. Doctor Steiner
+wisely said, <span class="tei tei-q">“Religion cannot be taught, it must be caught”</span>.
+In other words religion is of the spirit; so is patriotism. <em class="tei tei-emph"><span style="font-style: italic">Always
+bear in mind that in presenting the Constitution we
+are teaching human rights under the Constitution.</span></em>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is more than a century since the Constitution was ratified,
+and, so far as we have knowledge, this is the first direct
+attempt to translate its guaranties into the language of the ordinary
+man, woman, and child. We demand respect for, and
+loyalty to the Constitution, but the truth is that the ordinary
+citizen has no knowledge of the relation of the Constitution
+to his life or to the life of his children.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-hi"><span style="font-variant: small-caps">The Authors</span></span>
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page013">[pg 013]</span><a name="Pg013" id="Pg013" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc5" id="toc5"></a>
+<a name="pdf6" id="pdf6"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">I. The Judge's First Talk</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Reasons For The Study Of The Constitution Of The
+United States</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For several days there had been an air of expectancy about
+the school. At Monday's assembly the teacher had announced
+that she had persuaded Judge Garland to come to
+talk to the teachers and pupils about the Constitution of their
+country and about the law, the rights, the powers, and the
+duties of the people. A real live judge was coming! Most of
+the children had never seen a judge. The word inspired a
+sort of dread. They had read of men being sentenced to
+prison. They expected to see a fierce, hard-hearted man.
+Some of the younger children had wondered if it would be
+possible to stay away from the assembly room when the
+judge was there, but the teacher said that everyone should
+be present. So important was the subject that the teachers
+were to be there, too; and many fathers and mothers that
+could spare the time were also invited. The principal had
+said that he would not miss a meeting.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So when Friday came the assembly room was crowded.
+All the pupils and teachers were there, and in the rear of
+the room were a few of the parents. The door opened and
+the principal of the school entered. By his side was a man
+whose gray hair and serious countenance told of years of
+responsibility. He did not appear <span class="tei tei-q">“fierce”</span>. Rather his
+face was kind and his eyes twinkled as he ascended the platform
+and stood looking out over the faces before him.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The principal introduced Judge Garland who bowed and
+began his series of talks to the children.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Well my friends, I am glad to see you. I am delighted to be
+<span class="tei tei-pb" id="page014">[pg 014]</span><a name="Pg014" id="Pg014" class="tei tei-anchor"></a>
+back in a school room again. It is many years ago, though
+it seems but a short time, since as a schoolboy I sat in a
+school room like this, among boys and girls like you. I suppose
+that I studied about as you study, and did not recite
+any better than you recite. I thought I had to work very
+hard, and I remember that I often looked out of the open
+window of the school room when the summer sun was warm,
+and I thought I could hear the trees, the grass, the stream,
+and even the fish calling me to quit study and come out to
+joy and freedom. I know it was a real temptation. I could
+have had a good time, but I have often been glad since that
+I obeyed my teacher, my parents, and the law, and continued
+my studies in school. I am glad, because I now realize how
+much easier, how much happier, and how much more useful
+my life has been because I did not listen to the voice of temptation
+which called me from work to play.<a id="noteref_1" name="noteref_1" href="#note_1"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">1</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Since those pleasant school days I have seen much of
+human life. On the bench now for over twenty-five years,
+I have been compelled to deal with all sorts of people, even
+the little children who early in life sometimes drift from the
+path of right to ways of wickedness. I have served as judge
+of the Juvenile Court, and judge of the court in which the
+worst criminals are tried. I have heard the cases of thousands
+of persons on trial for crimes, men and women, young and
+old. I have sent hundreds to prison, and I have been compelled
+to sentence some to death.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In this experience, I have learned something of how easy
+it is, unless we are on our guard, to sin against the laws of
+our country, and against the laws of God. I have observed
+that the average person does not fully appreciate the value of
+liberty until he is about to lose it.<a id="noteref_2" name="noteref_2" href="#note_2"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">2</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I also know that most people do not know the worth of the
+protection which our Constitution gives to each one of us,
+until someone is about to take away their right to life, or to
+<span class="tei tei-pb" id="page015">[pg 015]</span><a name="Pg015" id="Pg015" class="tei tei-anchor"></a>
+liberty, or to property; and then they cry out for help. If
+they are right in their appeal, they always find help in the
+Constitution and in the law of the land. Yet it is true that
+there is much real ignorance about our country, our Constitution,
+and our laws. There is even much ignorance of these
+things among people who are supposed to be well educated.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So I was pleased when your teacher came to me the other
+day asking me to come to your school a couple of times a
+week, to talk to you about our country, our Constitution, and
+our laws. I am happy to be able to comply with her request. It
+is a difficult subject for children, yet children must study these
+things, and learn them. There is no more important subject.<a id="noteref_3" name="noteref_3" href="#note_3"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">3</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+One of the chief objects of furnishing free education to
+children, rich and poor, is to make of them good law-abiding
+citizens; citizens who know what authority is; citizens who
+will obey the voice of authority; citizens who realize that
+authority in this country rests in the people themselves; citizens,
+men and women, who realize that they owe a duty to
+their country and their fellowmen to do all they can to
+keep America the most free and the most just country in
+the world.<a id="noteref_4" name="noteref_4" href="#note_4"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">4</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No American child should leave school without a full
+knowledge of the government of our country; nor until he
+has in his heart loyal devotion to America, and to the Stars
+and Stripes, the emblem of the free.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course I do not expect you to learn all there is to be
+known about your government. However I do expect you
+to know the great fundamental truths which after all are
+very simple and easily understood.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I am not endeavoring to make lawyers. I am not trying
+to train you to become lawyers. You know nearly all the
+children in the American schools have to learn something
+about physiology and hygiene, but not in order to become
+doctors. They study physiology and hygiene in order to
+<span class="tei tei-pb" id="page016">[pg 016]</span><a name="Pg016" id="Pg016" class="tei tei-anchor"></a>
+understand the ordinary rules of health, so that they may
+protect themselves as far as possible against disease and take
+care of their bodies intelligently. Of course sickness will
+come. Then you must call the doctor.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Well, so it is in this course. I want you to know enough
+about your government, your Constitution, and your laws—because
+these things are yours—so that you, as members of
+this great society called America, will be able to understand
+your rights and duties, your privileges, your opportunities,
+and your obligations. Sometime in your life your problem
+may become so difficult, or your rights may become so endangered,
+that you will have to call upon a lawyer, just as
+when illness comes you call upon your physician.<a id="noteref_5" name="noteref_5" href="#note_5"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">5</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No one knows anything of real worth about his country
+until he knows its Constitution. No one can have in his heart
+a full measure of gratitude for the blessings of living in a free
+country, until he knows of how fully the Constitution guards
+every right and privilege which we hold dear. So we shall
+enter upon the study of the Constitution of our country.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But in order that you may better understand the Constitution
+of your country, in order that you may better study
+the problems which will be presented to you in this course,
+it is necessary for you to understand something, in a general
+way at least, of four separate things—<span class="tei tei-hi"><span style="font-style: italic">Government</span></span>,
+<span class="tei tei-hi"><span style="font-style: italic">Liberty</span></span>,
+<span class="tei tei-hi"><span style="font-style: italic">Authority</span></span>, and <span class="tei tei-hi"><span style="font-style: italic">Law</span></span>.
+So before talking to you of the Constitution,
+I shall talk to you on these subjects.<a id="noteref_6" name="noteref_6" href="#note_6"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">6</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I know it will not be easy for you at first to understand
+some of the words and expressions which it is necessary for
+me to use. It will be necessary for me to repeat to some extent,
+from time to time, but I feel satisfied that if we will
+work together in the right spirit, you will find the matter interesting;
+and I am sure that the great truths, the great principles
+of life, conduct, and action will soon become clear to
+your minds.
+</p>
+
+<span class="tei tei-pb" id="page017">[pg 017]</span><a name="Pg017" id="Pg017" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The important thing to realize at all times is that we are
+not talking about something away off in which we have slight
+interest, but that we are talking of things which are ours,
+which affect every one of us, not in the future, but now.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I can recall a number of faces of men who have been before
+my court charged with crimes, who in childhood were
+sitting where you are sitting to-day. I have sentenced some
+of them to long terms of years in the penitentiary. I was
+compelled to take away from them their liberty, because they
+had shown themselves unworthy, and had shown themselves
+rebels against the authority of their country.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+On the other hand, I recall those who came into court
+seeking protection of their rights against wrongdoers—against
+those who would take away their property, the earnings
+perhaps of a lifetime; and in court they found protection,
+justice, and right. But in administering justice and
+right, the court was only applying the principles of the Constitution
+of our country which we are about to study.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So let us enter upon this work with a determination to
+succeed in our undertaking. You know that has a great deal to
+do with our success in life—a determination to succeed.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When you boys take your baseball team to play the team
+of some other school, you start for the baseball park determined
+to win the game; and, if you keep up this spirit, you
+probably will win the game. In any event, you play a real
+game of which your friends are proud. That is the way to
+meet all the problems of life, whether in the school room, or
+out in the world after you have entered upon the great
+battles of life.
+</p>
+
+<span class="tei tei-pb" id="page018">[pg 018]</span><a name="Pg018" id="Pg018" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Did you ever see a judge? Would you be afraid of a judge? Why?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What are the duties of a judge?
+</p>
+
+<span class="tei tei-pb" id="page019">[pg 019]</span><a name="Pg019" id="Pg019" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Why did the judge say, <span class="tei tei-q">“But I have often been glad since, that
+I obeyed my teacher, my parents, and the law, and continued my
+studies in school”</span>? Why do boys and girls go to school? Why
+is the public willing to pay large sums of money to pay teachers,
+buy books, build school buildings, and keep them open?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. What law was it that the judge said he was glad that he had obeyed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Why did the judge send hundreds to prison? Why was he compelled
+to sentence some to death?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. What are the advantages of staying in school? What more do
+you know when you graduate from elementary school than those
+who quit earlier? Should one try to graduate from high school?
+Why?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. The judge says that one of the chief purposes of school is to make
+good, law-abiding citizens. Think of some person you know who
+is a <span class="tei tei-q">“good, law-abiding citizen”</span>; think of some one who is not;
+name five ways in which they are different.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. Have you read the Constitution of the United States? Should
+a good, law-abiding citizen know what is in the Constitution of the
+United States?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. The judge says that we owe a duty to our country. List five
+duties that a school pupil owes to his father and mother, five that
+he owes to his teacher, and, if you can, list five duties that all of
+us owe to our country.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. The judge says that the Constitution guards every right and privilege
+that we hold dear. Can you name any rights or privileges
+that you hold dear?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Why do we say that the United States is the <span class="tei tei-q">“land of the free”</span>?
+Why does the judge say that it is the most free and just country
+in the world?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. How are judges selected? To whom are they responsible? What
+are their duties?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What are likely to be the results of poor schools?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Should a parent have a right to give a child as poor an education
+or as little schooling as he may desire?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Why do some States require children to study physiology and hygiene?
+Is there as good an argument for a study of the Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. Why does the judge say, <span class="tei tei-q">“No one knows anything of real worth
+about his country until he knows its Constitution”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. The judge says that good citizens know what authority is. Give an
+illustration of a child, a student, and a citizen who knows what
+authority is. Define authority. Give an illustration of a man who
+does not respect authority.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. When is a country a <span class="tei tei-q">“free country”</span>? What is a <span class="tei tei-q">“just country”</span>?
+How can a judge justify himself in a free country when he sends
+some men to prison, thereby taking away their freedom?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I. How can an American protect his liberties? What steps must he
+take?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+J. Prepare a paper on one of the following subjects:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Advantages of Staying in School</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">One Law-abiding Citizen That I Know</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">What One Man I Know Knows About the Rights and Privileges
+of the American Citizen Under the Constitution.</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Why Everyone Should Study the Constitution</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">What a Law Is, Where It Comes From and Its Value</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page020">[pg 020]</span><a name="Pg020" id="Pg020" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc7" id="toc7"></a>
+<a name="pdf8" id="pdf8"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">II. Government</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Purpose And Origin Of Government Among Men—In
+The United States</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is a little difficult even for grown people to understand
+clearly what is meant by <span class="tei tei-q">“the government”</span>. They have so
+many absurd notions about what the government is, and
+where it is, that I do not wonder that children do not understand.
+If I could look into the mind of each child here this
+morning, I am sure I would find many that picture the capitol
+at Washington, the President, or some other officer as being
+the government. Now the capitol and the President and
+the Congress and the Supreme Court of the United States and
+all other National officers are part of the government, <em class="tei tei-emph"><span style="font-style: italic">but they
+are not the government</span></em>.<a id="noteref_7" name="noteref_7" href="#note_7"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">7</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The government of the United States is merely the agency
+by which and through which the people protect their own
+rights and liberties. Our government may be said to be the
+organized will of all the people. The people govern in this
+country, and the men and the means by which they govern
+all combined may be said to be the government. But do not
+ever forget this fact: the President is not a master, but a
+servant. The President, Senators, congressmen, and judges,
+in the Nation; the Governors, State Senators, and State
+Representatives in the States are only agents or servants of the
+people to carry out the people's will. Also do not forget that
+the power of government does not rest in Washington, the
+capital of the Nation, nor at the capitals of the different
+States. The power of government exists all over these United
+States. The power of government exists right in the homes
+and hearts of the people.<a id="noteref_8" name="noteref_8" href="#note_8"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">8</span></span></a>
+</p>
+
+<span class="tei tei-pb" id="page021">[pg 021]</span><a name="Pg021" id="Pg021" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The President has no power except that conferred upon
+him by the Constitution and the laws which the people have
+adopted. Neither have the Senators, the congressmen, nor
+the judges any power except that given by the people, and
+the people at any time can take away any part of the power
+given. When I say the people, I mean of course all the people.
+Not that all the people must agree to any law to have
+it enacted. The majority of the people make the laws as a
+rule. We shall take this up later and consider it fully. Government
+is power to exercise authority. Authority is in the
+people, and the authority of the people is expressed as they
+want it in laws which they make.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But what is government for? Why have any government?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Government is organized to protect human rights.<a id="noteref_9" name="noteref_9" href="#note_9"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">9</span></span></a> Perhaps
+if you were a giant possessed of wonderful wisdom you
+would not need any law to protect your rights because you
+would be big enough, powerful enough, and wise enough to
+resist any person who might undertake to interfere with
+your rights; but we are not all giants and we are not all
+wise. In fact there are very few giants in the world. It is
+true, however, that some are bigger and stronger than others;
+and sometimes these big, strong people are selfish, wicked, or
+envious. They see that a weaker person has something which
+they want, and being big and strong, if there were no law
+to restrain them, they would take it.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now if you have a bicycle and some full-grown, strong,
+brutal man were to come into your yard, take your bicycle,
+and start away with it, what would you do? You might protest.
+You might beg him not to take your property, but this
+would probably do no good. A thief does not stop when he
+is asked to by the owner of the property he is stealing, nor
+is a thief influenced by the fact that his act is wrong. In
+fact doing wrong is the business of a thief.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So there being many strong people in the world and many
+<span class="tei tei-pb" id="page022">[pg 022]</span><a name="Pg022" id="Pg022" class="tei tei-anchor"></a>
+weak people, many wise people, and many simple people,
+the full grown and the children, and many, many people who
+are not guided by rules of right or morality or justice, you can
+see how necessary it is that someone shall provide rules and
+regulations under which the weak, the simple, and the young
+may be protected from the strong, the brutal, and the wicked
+who would deprive their neighbors of their rights or their
+property, simply because they had the power to do it. This
+is what the government does.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There have been times in the world, hundreds and thousands
+of years, during which the strong governed the weak,
+made the weak their slaves, took from the weak the earnings
+of their toil; but our government exists for the very purpose
+of restraining the strong and protecting the weak, so that
+their rights are equal. Every man is free and no man is a
+slave.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Therefore always keep in mind that the purpose of government
+is to protect the people of all classes and ages so
+that, so far as possible, all may be equal in their right to do
+the things they want to do, own the things they want to own
+so far as they are able to produce or procure them, think the
+things they want to think, and speak the things they want
+to speak. In other words, <em class="tei tei-emph"><span style="font-style: italic">government is to protect our freedom
+against the wrongs of others</span></em>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now we must not have the notion in our mind that the
+government has anything to do with who shall work, or who
+shall play, or who shall idle. Occupations in life are not
+selected by the government. Each person determines this
+for himself. That is one of the privileges which we have in
+a free country, to select our own occupations; and as you go
+through life you will find that what appear to be the higher
+or better occupations are usually earned by industry, faithfulness,
+and honesty.<a id="noteref_10" name="noteref_10" href="#note_10"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">10</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I am going to talk to you some day about occupations in
+<span class="tei tei-pb" id="page023">[pg 023]</span><a name="Pg023" id="Pg023" class="tei tei-anchor"></a>
+life so that you will understand that our place in life is
+selected by ourselves, determined by our efforts and our conduct.
+I want you to start out in life with such a knowledge
+of these things that you will never blame your country if you
+do not like your job.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">But how did our government come into existence? What
+was the beginning?</span></em> Well, it is all very simple if we only
+get right down to elementary principles, if we only <span class="tei tei-q">“begin
+at the beginning”</span>. Perhaps your father is a Woodman,
+or an Odd Fellow, or a Knight of Columbus. Perhaps he
+is a member of the American Federation of Labor. Perhaps
+your mother belongs to the Eastern Star, or the P. E. O.
+society. Perhaps you belong to some school fraternity, debating
+society, or neighborhood club, the Boy Scouts, or the
+Camp Fire Girls.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now let us go back a few years. None of these societies
+were in existence. Where did they come from? One day,
+years ago, a few men and women, or boys and girls, met perhaps
+in some home, or the office, and talked over the plan
+which perhaps had been suggested by some one present at
+the meeting. After discussion, it was decided to form an organization.
+I have no doubt that most of you have had such
+an experience. The beginning of each society was merely
+an idea in the mind of some one. He or she talked of it
+to some one else, and the discussion extended until enough of
+interested persons came together to complete an organization
+and give it a name.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What was the first step in perfecting the society or organization?
+It was the preparation of a written statement of the
+purposes and principles of the organization, which is usually
+called a constitution. When the constitution was completed,
+usually by a committee, all those about to become members
+of the society met and talked it over. Changes probably
+were made and the constitution finally adopted. Probably
+<span class="tei tei-pb" id="page024">[pg 024]</span><a name="Pg024" id="Pg024" class="tei tei-anchor"></a>
+some voted against it, but those who did vote against it recognized
+that they should be bound by the judgment and will
+of the majority.<a id="noteref_11" name="noteref_11" href="#note_11"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">11</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Laws, or by-laws, as they are generally called, were then
+adopted to govern the conduct of the members in their relation
+to each other and to the society. These by-laws have
+been amended from time to time ever since, and perhaps at
+all times some of the members have believed that the by-laws
+should be different, but they have submitted to the will of
+the majority.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So with the United States. There was a time less than one
+hundred and fifty years ago when there was no such thing
+on earth. A comparatively few men, representing the people
+of the former colonies, decided to form a Nation, and in the
+Constitutional Convention after months of discussion, the
+Constitution was adopted, and it was finally ratified by the
+people of the States. While many persons opposed some of
+the provisions of the Constitution, all submitted to the will
+of the majority.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Thereafter, rules of conduct called laws—in your society
+by-laws—were adopted, and from time to time changed and
+extended as circumstances seemed to demand. We are going
+to talk about these laws in a few days.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But <em class="tei tei-emph"><span style="font-style: italic">there is the whole story</span></em>. There is the simple beginning
+of this now great Nation, the most powerful on earth.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So you see there is nothing mysterious about the origin of
+our Constitution. There is nothing mysterious about the
+origin or the organization of this government. The important
+thing to bear in mind is that it was formed by the people
+for themselves. Humanity, after thousands of years, had
+reached a point where they refused longer to be governed by
+a king or similar ruler.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+All this will become more clear to you as you understand
+something of the nature of liberty and of law.
+</p>
+
+<span class="tei tei-pb" id="page026">[pg 026]</span><a name="Pg026" id="Pg026" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. What is the government of the United States? Why isn't the
+capitol at Washington the government? Why is it impossible to
+point out the government of the United States upon the map?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What is a servant? Describe a servant. Why does the judge say
+that the President of the United States is only a servant of the
+people?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Was the Kaiser a servant of the German people? Why not?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Where does the President get his power? Where do members of
+Congress get their power? Judges? The Sheriff? The Mayor?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. If we do not like what our servants do, how can we control them?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. What is government in a school? In a club? What would it be
+like if there were no government in either? Name five advantages
+of having a government.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. Suppose that you were like Robinson Crusoe, except that five of
+you were shipwrecked. Would you form a government? Why?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. If you were tie write a constitution, what would you include?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. Suppose that a man came into your yard and tried to steal your
+bicycle, what could you do to protect your rights?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. Do all people do what they think is right? How can you tell what
+is right and wrong?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What is the purpose of government?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Why is it wrong for the great and powerful to govern the small
+and weak? Does might make right?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Which would be the better government, one based upon might makes
+right, or one based upon right makes might? Why?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. How can right make might?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. In a free country can the government prescribe what occupations
+in life the people must follow? How are the higher and better
+occupations acquired in America?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. How did the American government come into being?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. How would you organise a literary society? List the steps in
+detail. Would you have a constitution? What should be included
+in any constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. Discuss the effect of a sudden breakdown in government.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I. What were the first steps in the actual organisation of the government
+of the United States?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+J. Write a paper on:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Ways in Which the Postmaster, Superintendent of Schools,
+Sheriff, Coroner, or Judge Serves the People
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Why We Cannot Locate Our Government On the Map
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Advantages of Having a Government
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+What a Constitution Should Include
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page027">[pg 027]</span><a name="Pg027" id="Pg027" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc9" id="toc9"></a>
+<a name="pdf10" id="pdf10"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">III. Liberty</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Definition Of Liberty And The Historical Background
+Of The Struggle For It</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I hope that we now all understand that the purpose of government
+is to maintain the liberty of the people. I wish
+that every child would learn from the Declaration of Independence
+the following:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">We hold these truths to be self-evident, that all men are
+created equal, that they are endowed by their Creator with
+certain unalienable Rights, that among these are Life, Liberty
+and the pursuit of Happiness. That to secure these
+rights, Governments are instituted among Men, deriving their
+just powers from the consent of the governed.</span></span>”</span><a id="noteref_12" name="noteref_12" href="#note_12"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">12</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This expresses the whole purpose of government—to secure
+the right to life, to liberty, and to happiness.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I suppose every child here would like to be rich some day.
+A great many people feel that riches bring happiness. The
+experience of men, however, is that riches more often bring
+disappointments, burdens, and grief.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">What is the most valuable thing in the world?</span></em> It is not
+money, lands, nor jewels. The most valuable thing in the
+world is human liberty. I do not believe that we, born here
+in America, realize the value of human liberty. It comes to
+us as a heritage. We accept it as we accept the sunlight, the
+springtime, the harvest. I am afraid that we seldom stop
+to recall the fact that the great blessing of human liberty,
+as we have it here in America, did not exist before our Nation
+was born. Always remember that there were thousands of
+years before our country came into being, when the people,
+men, women, and children living in many countries of the
+<span class="tei tei-pb" id="page028">[pg 028]</span><a name="Pg028" id="Pg028" class="tei tei-anchor"></a>
+world and under many forms of government dreamed,
+hoped, and prayed for freedom. But it never came to them.
+They lived, labored, and died under kings and emperors, or
+other rulers, never having any power, or at most very limited
+power, in making the laws under which they were compelled
+to live.<a id="noteref_13" name="noteref_13" href="#note_13"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">13</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To a considerable extent the history of the world is a sorrowful
+story of men who fought and died in struggles for
+liberty, the same liberty which we in this country enjoy. We
+must not forget that freedom in this Nation was obtained
+only through war, bloodshed, and sacrifice.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now what is this liberty for which men have fought and
+died? It is liberty of thought, liberty of speech, liberty of
+conscience, liberty of action, liberty, as the Supreme Court
+of the United States says, <span class="tei tei-q">“of all the faculties”</span>. Men wanted
+the right to form their own opinions and to express them in
+speech or in writing. They wished to worship God according
+to the dictates of their own consciences, and not as directed
+by the ruler of the government. They wanted to work in
+employments of their own choice, to have their own earnings
+for themselves and their families, instead of having it taken
+as tithes or taxes to buy purple robes for some monarch upon
+a throne. They wanted the right to own property, to own a
+home; and they hoped and prayed for the day when their
+children might have a chance to advance in life according
+to their merits. They hoped some day to have the door of
+opportunity open to the son of the poor man as well as the
+rich. They hoped to see class and privilege wiped away.<a id="noteref_14" name="noteref_14" href="#note_14"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">14</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+These were the things that men and women throughout
+the centuries struggled for, but which were never attained
+in the whole history of the world, by any race or by any
+nation, until America opened its doors to all the peoples
+of the earth, guaranteeing to them all the blessings which
+had been so long denied to the human race.
+</p>
+
+<span class="tei tei-pb" id="page029">[pg 029]</span><a name="Pg029" id="Pg029" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You will understand better the functions of government
+with relation to human liberty if you will realize that human
+liberty is a natural right. It comes from no man and no
+government. It is <span class="tei tei-q">“God given”</span>. Men are born free. The
+love of freedom is in every human heart. Again recall the
+words of the Declaration of Independence—<span class="tei tei-q">“all men are
+created equal ... they are endowed by their Creator
+with certain unalienable Rights”</span>, among which is liberty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+America does not confer liberty upon the individual.
+America realizes that the individual possesses the right to
+liberty, and the whole structure of the American government
+is framed with the special purpose of protecting each individual
+in his natural liberty.<a id="noteref_15" name="noteref_15" href="#note_15"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">15</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now there is no danger to the liberty of any one except
+from two sources—the wrong of a fellowman, or the wrong
+of the government, which in this country is a mere organization
+of men and women and children. Here we see emphasized
+the necessity for law in order to protect the liberty of
+the individual. Government is organized to protect individuals
+in their liberties. This protection is furnished by laws
+enacted by the people to protect the weak against the strong,
+the good against the evil; and in this country the same law
+applies to every individual. There are no special laws for
+special classes; every one is equally interested in having these
+laws as just and fair as possible. Liberty under law is the
+privilege of doing everything one wishes to do, except in so
+far as his acts may interfere in some way with like privileges
+of those who are about him in society.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Therefore always keep in mind that the great achievement
+of those who founded America was the establishment of a
+Nation where liberty would have a home. Of course liberty
+could not be fully established in this country until the Nation
+was fully established, until the Constitution was adopted,
+until laws were enacted; but from the adoption of the Constitution
+<span class="tei tei-pb" id="page030">[pg 030]</span><a name="Pg030" id="Pg030" class="tei tei-anchor"></a>
+to the present time the people have enacted laws
+from time to time, and still enact laws, the better to protect
+every man in his liberty and to enlarge his opportunities
+in life.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now in order to understand clearly how the liberties of the
+people are protected through our government, we must understand
+the nature and form of our government; and this
+subject we must take up at our next meeting.
+</p>
+
+<span class="tei tei-pb" id="page031">[pg 031]</span><a name="Pg031" id="Pg031" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. What is your idea of the right to <span class="tei tei-q">“life”</span>? Does it mean that no one
+shall ever be sentenced to death for murder?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What is your idea of the right to <span class="tei tei-q">“property”</span>? Does this mean
+that everyone shall be wealthy? Does it mean that everyone shall
+own his own home?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. What is your idea of the right to <span class="tei tei-q">“pursuit of happiness”</span>? Does
+this mean that everyone can do as he pleases?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Why does the judge say that liberty is the most valuable thing in
+the world? What would you trade for it?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Note the dangers to liberty that the judge points out. What are
+they?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Give an illustration of each of these dangers.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. How may we protect ourselves against these dangers?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. Where does this liberty that we enjoy come from? Who grants it?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. In what particular ways does the Constitution of the United States
+guarantee liberty?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. What forms of government existed before the United States? What
+liberties did the people of Russia, or France, or England enjoy in
+1600?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Who really possesses the power of government in the United States?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. How is the liberty of the individual protected in the United States?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. In what ways were the people of Massachusetts in 1650 not as free
+as we are to-day?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. What does it mean when we say <span class="tei tei-q">“all men are created equal”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. Discuss the real meaning of the right to <span class="tei tei-q">“Life, Liberty and the pursuit
+of Happiness”</span>.
+</p>
+
+<span class="tei tei-pb" id="page032">[pg 032]</span><a name="Pg032" id="Pg032" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. Write a paper on:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Ways in Which We Have an Equal Chance
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+How We Can Make Chances Still More Equal
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em">
+<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">I hope to see the time when every American citizen will have an
+unfettered start and an equal chance in the race of life.</span><span style="font-size: 90%">”</span></span><span style="font-size: 90%">—Abraham Lincoln
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Meaning of Liberty
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+A Week in a Land Where There Is No Liberty
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page033">[pg 033]</span><a name="Pg033" id="Pg033" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc11" id="toc11"></a>
+<a name="pdf12" id="pdf12"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">IV. America—A Democracy</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Spirit Of Democracy Developed Under The Constitution
+Of Our Country</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is not sufficient that we shall know what government is
+and where it is. We must also understand its nature. It is
+the proud boast of America that it is a democracy, the first
+real democracy in the world. Now what is meant by a
+democracy? We hear much about democracy, and we hear
+much about republicanism, and many people when they
+hear or see these terms think that it has to do with the Democratic
+or Republican political party. We must not be confused.
+We must see and think clearly. Democracy and
+republicanism, as we use the terms in these talks, have no
+reference to any political party, but relate solely to the form
+of government under which we live.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+America is a democracy. It is also a republic, as we shall
+see in our next talk. It is very important that we shall understand
+why it is a democracy, and why it is also a republic,
+and the distinction between the two.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It has been well said that republicanism in government
+<span class="tei tei-q">“refers rather to the form of government”</span>, and that democracy
+refers to the <span class="tei tei-q">“spirit of government”</span>. In government as
+with the people the spirit is the real, important thing. In a
+democracy the people govern. <span class="tei tei-q">“A government of the people,
+by the people, and for the people”</span>, as Lincoln expressed it,
+is a democracy. In a democracy no man is the master of
+another man without his consent. In a democracy there are
+no slaves. In a democracy each and all have equal rights.
+Every one in a democracy has an equal opportunity with
+every other person.<a id="noteref_16" name="noteref_16" href="#note_16"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">16</span></span></a>
+</p>
+
+<span class="tei tei-pb" id="page034">[pg 034]</span><a name="Pg034" id="Pg034" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You have already learned that in this country the people
+make the laws. In the making of laws the banker and the
+man who digs in the sewer have the same power. Each has
+one vote on election day, and no more. America has no
+rulers except the people. In a democracy the spirit of all
+should be one of toleration and kindness. All of us cannot
+have things just as we want them in this world. Men do not
+all agree, so we must let the majority of the people rule. But
+the majority should not have any feeling of superiority. The
+majority should be inspired by a sense of justice and charity
+toward their fellowmen. In fact a democracy is a brotherhood
+in which each person should think, not only of himself,
+but of his neighbor. In this democracy the more we think of
+the rights of our neighbor and the more we think of our duty
+toward our neighbor, the better will our government be.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In a democracy we live in the belief that all men are
+created equal, that all through life they are equal in their
+rights, in their duties, and in their privileges. I do not mean
+of course that all men are equal in physical strength, because
+you who run and wrestle every day know that some are
+stronger than others. I do not mean that all are equal in
+the powers of the mind, because some of us here this morning,
+even some who study hard, know that other pupils get
+higher marks in every examination. Nor do I mean that
+all are equal in wealth, in health, or in comforts.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What I mean is, that so far as life and liberty are concerned,
+in our rights under the law, in our protection under
+the law, we are all equal.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In a democracy the people make the laws, and the people
+enforce the laws. As we shall hereafter see, every man who
+takes part in making a law, and every one who aids in enforcing
+the law is selected by the people. But the great thing
+about a democracy is the spirit of the people—the feeling
+of the people toward each other. Pride of wealth, position,
+<span class="tei tei-pb" id="page035">[pg 035]</span><a name="Pg035" id="Pg035" class="tei tei-anchor"></a>
+race, or creed has no place in a democracy. Every person
+should feel sympathy and charity for his neighbor, and for
+his neighbor's problems in life.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We should all be willing to help those who may be less
+fortunate. We should all endeavor to make our neighbor's
+life as easy as possible.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A democracy cannot be a government by groups: it must
+be a government by every one.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now I do not mean to say that we in this country all have
+the proper feeling toward our neighbor. We are not all
+good citizens of a democracy. Many people have pride,
+selfishness, and hate. Many people do not seem to care how
+the rest of the world lives. Such people are not worthy to
+have the privileges of living in a democracy. Many people
+are also ignorant in matters of government. They do not
+seem to care what kind of a government we have. In fact
+many people will not vote on election day. It is because of
+pride, selfishness, hate, ignorance, and indifference that I
+am here talking to you to-day. This is a wonderful government,
+but it can be made much better, with more freedom
+and more justice, if the people will only learn more about
+their power and their duty, especially if they will only cultivate
+the right spirit—the spirit of America, the spirit of
+justice, humility, kindness, and charity.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Love thy neighbor as thyself”</span> is not only a Christian
+duty, but it is the foundation of social life in a democracy.
+You will find when you become acquainted with life that
+success in life does not depend upon money, clothes, nor social
+position, but that in this American democracy real merit
+wins. More and more are we learning every day that true
+happiness comes only from service, service to humanity,
+service to our country, and this spirit of service must be developed
+in childhood, and expand as we grow to manhood
+and womanhood.
+</p>
+
+<span class="tei tei-pb" id="page036">[pg 036]</span><a name="Pg036" id="Pg036" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+That was a nice thing you did the other day, here in this
+school, when you put your pennies and your nickels together,
+bought a ton of coal, and sent it to the widowed mother of
+one of your schoolmates who had been sick for several weeks.
+He is just a poor Polish boy; but when in health he ran errands
+before and after school. This helped to support his
+mother and his little sister. I am sure that he thinks of you
+every day; and that he often thanks God that his father,
+who died last winter, had the courage to leave the old home
+in Poland and come to America where there is a chance for
+the poorest and the most obscure.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I told you a while ago that this is the first real democracy
+in the world. So few people stop to think about this. The
+world is thousands of years old. Humanity in all these thousands
+of years has been made up of men, women, and children
+just like us. They hoped for, and dreamed of freedom,
+but until America became a Nation no government in the
+world had ever been a real government by the people. They
+had always been ruled by a king, a queen, an emperor, by
+some other ruler, by a small group of men who were rulers,
+or by a certain class. Your father may be a blacksmith, or
+a street sweeper, but on election day he can vote. Up to the
+organization of this government no such right existed anywhere
+in the world. In some countries, a few men who
+owned a certain amount of property could vote; but the wise
+men of the world sneered at the American plan to give every
+man the right to vote whether he owned a dollar's worth of
+property or not.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Always remember this, too, that even when America became
+a Nation, the right of all the people to vote was not
+granted at once. Many of our States for many years required
+that a voter must have a certain amount of property. Finally
+this was all wiped away. America has been a growth,
+each generation doing a little more to expand the power of
+<span class="tei tei-pb" id="page037">[pg 037]</span><a name="Pg037" id="Pg037" class="tei tei-anchor"></a>
+the people, and this growth, this expansion must continue.
+We are still a young Nation and we all have much to do to
+aid in making this democracy a better place in which to live.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When you hear of other democracies now existing in the
+world, remember that America has been their guide and
+inspiration. Men came from France to help fight our revolution,
+and carried back with them the spirit of America. In
+time democracy was established in France. So with all the
+countries in the world which to-day have a greater or less
+degree of democracy, to them all, America has been a beacon
+light, a source of courage and of inspiration. Did any of you
+ever see the great Statue of Liberty at the entrance to the
+New York harbor? If you did, you saw that grand figure
+looking out to the east over the great expanse of water, holding
+aloft the great torch which in the darkness of the night
+is aglow with light, the great flaming torch, which is emblematic
+of America enlightening the world.
+</p>
+
+<span class="tei tei-pb" id="page038">[pg 038]</span><a name="Pg038" id="Pg038" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Which was the first real democracy to be established in the world?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What is a democracy? What is the difference between <span class="tei tei-q">“democracy”</span>
+and a <span class="tei tei-q">“Democrat”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Who governs in a democracy?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. In a democracy, who makes the laws?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. How is power in government expressed in a democracy? In America,
+does one man have more power than another?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. How many times can a person vote on election day?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. Suppose Congress or the legislature in our State passes a law that
+we do not like. Do we have to obey it? What can we do about it?
+How can we secure a change in the law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What does <span class="tei tei-q">“government of the people, by the people, and for the
+people”</span> mean?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. What is the proper spirit of people who live in a democracy?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What is meant by <span class="tei tei-q">“the majority of the people rule”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. What would happen if the minority should rule? Lincoln said that
+this meant anarchy. Why?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Does the minority have any rights? Should the majority pay any
+attention to them? Why or why not?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. Who enforces laws in a democracy?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. Why is it said that the best way to get rid of a bad law is rigidly
+to enforce it?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. What is the result of not casting your ballot on election day?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I. It is a fact that from election to election there is an increasing percentage
+of the qualified voters who do not vote. What is the danger
+of this? What is it likely to lead to?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+J. Write a paper on:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Meaning of Democracy
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Danger of Not Voting
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Why It Is Right that Women Should Vote
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Why We Fought to Make the World Safe for Democracy
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page039">[pg 039]</span><a name="Pg039" id="Pg039" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc13" id="toc13"></a>
+<a name="pdf14" id="pdf14"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">V. America—A Republic</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Representative Form Of Government Under The
+Constitution</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+As I stated to you in our last discourse, America is a
+democracy, but it is also a republic. It is a democracy in its
+spirit and the power of its people, but in the mode of exercise
+of the power of the people it is a republic. We often hear
+America referred to as a <span class="tei tei-q">“representative democracy”</span>. If
+America were merely a democracy there would be no fixed
+method for expressing the wishes or the power of the people.
+In a pure democracy, people having full power would naturally
+assemble from time to time to decide by the vote of
+all those present what should be done for the public good.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You will hear of the <span class="tei tei-q">“town meeting”</span> which even to-day in
+some parts of New England is held from time to time,
+where the people assemble, and by vote decide matters of public
+concern.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But this is now a Nation of more than one hundred and
+five million people. We have forty-eight States, many of
+them very populous. When the Constitution was adopted,
+there were only about 3,900,000 people in all the States; but
+those who framed the Constitution looked into the future
+and could see something of the wonderful growth of the
+Nation which they were planning. Of course it is easy for
+anyone to see that in a large country like this, with a large
+population or a population as large as it was at the time when
+the Constitution was adopted, it would be impossible for all
+the people to assemble in a meeting to vote directly upon the
+passage of necessary laws, or to provide for taxation, or to
+conduct the general business of the State or the Nation. You
+<span class="tei tei-pb" id="page040">[pg 040]</span><a name="Pg040" id="Pg040" class="tei tei-anchor"></a>
+can see how absolutely impossible it would be in these days
+to have the people of the United States assemble at the National
+capital to vote on any law, or to make any appropriation,
+or to provide rules for exercise of governmental power.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Therefore you can readily see that the founders of this
+country very wisely realized that the only government possible
+would be what is known as a representative government,
+a democracy where the people would have all the power, but
+a republic wherein the people would express that power, not
+directly, but through representatives or agents chosen by
+them.<a id="noteref_17" name="noteref_17" href="#note_17"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">17</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The government of the United States and that of each of
+the States is sub-divided into three parts: the executive, represented
+by the President or the Governor, the legislative,
+represented by Congress or the legislature, and the judicial,
+represented by the courts.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now the President and the members of Congress, including
+the Senate, and the judges of the courts are all merely
+representatives of the people chosen by the people to carry
+out the will of the people. The position and powers of all
+of these representatives of the people are fixed and defined by
+laws enacted by the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+As we shall hereafter find, the first law of the Nation, the
+foundation of all laws of the Nation, is the Constitution of
+the United States, which in the long ago was adopted by the
+people of thirteen small States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Our form of government therefore is representative. That
+is to say, the people choose their representatives to do the
+business of the country for the people. Laws are voted for
+directly by members of Congress and the Senate of the United
+States, or members of the legislatures of the States; but these
+members of Congress, Senators, and legislators are selected by
+the people, and in voting for laws they are expressing the
+will of the people who voted for them. They are elected for
+<span class="tei tei-pb" id="page041">[pg 041]</span><a name="Pg041" id="Pg041" class="tei tei-anchor"></a>
+a short term of years, so that in case any one of them should
+not, in his vote upon any law, carry out the wishes of the
+people who elected him, they may at the next election select
+someone else in his place who will better represent them.<a id="noteref_18" name="noteref_18" href="#note_18"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">18</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The important thing to bear in mind in relation to this
+government organization, with all the officers now necessary
+to do the business of the people of this great country, is that
+these officers—executive, legislative, and judicial—are not
+the government; the government rests with the people, and
+these officers are merely servants of the people, subject to the
+will of the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It has been well said that government in a democracy is
+organized public opinion. Public officers, representatives of
+the people, have only the power which the people give to
+them. In many of the States of this country, in the enactment
+of laws, the people by law make provision by which the
+people themselves have the power to reject laws enacted by
+their representatives of which they do not approve. Under
+the <span class="tei tei-q">“initiative”</span> and <span class="tei tei-q">“referendum”</span> in some States, the people
+retain the power to direct their legislature to enact certain
+laws. Also laws made by the legislature may be voted upon
+by the people for final approval, if desired.<a id="noteref_19" name="noteref_19" href="#note_19"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">19</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The important thing first to be learned is that in this
+democracy the government is in form a republic, because
+the laws are enacted and enforced, not by the direct vote of
+the people, but by the representatives elected by the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The power of the people always continues. A law may be
+passed by one legislature, or one session of Congress, and may
+be repealed the next. Any law upon the statute books may
+be changed from time to time, in response to the changing
+sentiment of the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We are inclined to consider the term <span class="tei tei-q">“representative government”</span>
+as relating particularly to the enactment of laws,
+but this is a representative government not only in the making
+<span class="tei tei-pb" id="page042">[pg 042]</span><a name="Pg042" id="Pg042" class="tei tei-anchor"></a>
+of laws, but also in the enforcement of laws. I want you
+to realize early in life that every citizen has a responsibility
+for enforcing laws as well as for making laws, and that for
+any failure or omission in the making of laws, or in the enforcement
+of laws, the people must bear the responsibility.
+</p>
+
+<span class="tei tei-pb" id="page043">[pg 043]</span><a name="Pg043" id="Pg043" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. In what respect is America a republic?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What is the difference between a republic and a Republican?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. What was the population of America when the Constitution was
+adopted?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Why was it impossible to have all the people assemble to adopt laws?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. What is meant by a representative of the people?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Suppose a representative does not represent the people as they wish.
+What can they do about it? Give illustrations.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. Into what parts is the government of the United States divided?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. How are the powers and duties of representatives of the people defined?
+Why does the judge say that the people really have the power
+and that this power continues?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What is the fundamental law of the United States? Why is it fundamental?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. How can we say that the people have power in lawmaking, when
+we know that the representatives make the laws?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. How can we influence the votes of our representatives?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. If you know that your representative is likely to vote against your
+own wishes, what can you do about it?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. How soon may a law be changed after it has been passed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. What is meant by <span class="tei tei-q">“initiative, referendum, and recall”</span>? How have
+they worked out in practice?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Difference between a Democracy and a Republic
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+How the Public Can Make Their Representatives Represent
+Them
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Why America Could Not Do Without Representatives
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The New England Town Meeting
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page044">[pg 044]</span><a name="Pg044" id="Pg044" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc15" id="toc15"></a>
+<a name="pdf16" id="pdf16"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">VI. Law</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Necessity For Rules Of Human Conduct For Guidance
+And Restraint</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This morning I wish to talk with you about one of the
+most important subjects in the world, the law; and strange to
+say, most people know very little about it.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Indeed I find that the average person feels that he does
+not need any knowledge of the law, that the law is for lawyers,
+judges, and courts.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now the truth is, that there is scarcely any activity in
+life in which the law does not play an important part. This
+is true from childhood to old age, in every calling and every
+occupation in life.<a id="noteref_20" name="noteref_20" href="#note_20"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">20</span></span></a> The law is not intended for any one
+class of people, but it applies to all classes of people, the rich
+and the poor, the wise and the ignorant. It also applies to
+all ages, to men, women, and children.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">What is the law</span></em>, or what is a law?<a id="noteref_21" name="noteref_21" href="#note_21"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">21</span></span></a> There is nothing difficult
+about it. A law is merely a rule of human conduct, a
+rule of conduct for human beings which is enforced by the
+Nation, the State, or the city. There are other rules of
+human conduct enforced by the parents, teachers, or employers—those
+who have authority over others, those whose
+duty it is to direct the conduct of others.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Every boy knows that in his home his parents have certain
+rules, not written or printed, but stated by his father or
+mother with relation to his conduct about the home, about his
+school, or about his play time or vacation, when he must go
+to bed, when he must arise, and with whom he may associate,
+that he must not go in swimming unless accompanied by his
+father, that he shall not go to the movies without the consent
+<span class="tei tei-pb" id="page045">[pg 045]</span><a name="Pg045" id="Pg045" class="tei tei-anchor"></a>
+of his mother, that he must attend Sunday school regularly,
+that he must not eat with his knife, that he must be courteous
+to all persons, especially the aged, that he must not play ball
+in the street, and a large number of other rules and directions,
+all intended for the good of the boy.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then in school you find certain rules of conduct made by
+the Board of Education or other officers, or adopted by the
+teacher.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If a boy works in a store, he finds that his employer has
+certain rules: the time when the store shall be opened and
+closed; that the boy shall sweep the floor at certain hours;
+that he may go to lunch at a certain time; that he shall not
+permit other boys to pass behind the counters, etc. All of these
+are illustrations of rules of conduct for children, or those under
+the control, authority, or direction of some older person.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But older persons, the parents, the school officers, the teachers,
+the storekeepers, and those of all other occupations are
+likewise subject to rules, are under control and direction of
+the Nation, the State, and the city, all having power to enforce
+rules of conduct, called laws, which apply to the old
+and the young. Without such rules, such laws, it would be
+impossible to maintain peace and order. Without such rules,
+called laws, it would be impossible to protect the weak against
+the strong and the wicked.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This government being organized for the purpose of protecting
+the rights and liberties of the people, it is necessary
+that laws be enacted in order that our rights and liberties
+shall not be taken away from us by those who may be
+stronger or wiser than we are. Many laws prohibit wrongful
+acts and provide a punishment for those who commit such
+wrongful acts. Thus one who strikes you without justification,
+one who steals your bicycle, or any other property, one
+who breaks into your home, or into the store, a burglar, is
+punished. One who kills another human being, a murderer, is
+<span class="tei tei-pb" id="page046">[pg 046]</span><a name="Pg046" id="Pg046" class="tei tei-anchor"></a>
+punished. A person who willfully sets fire to a building, or is
+guilty of cruelty to animals, malicious mischief, or sells liquor
+is punished.<a id="noteref_22" name="noteref_22" href="#note_22"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">22</span></span></a>
+So there are scores of different offenses forbidden
+by the law, and punishments fixed for those who will not obey.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There are also laws requiring that one shall ride or drive
+on the right hand side of the street when passing another
+coming from the opposite direction.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There is generally in every city a law which punishes a
+person who rides his bicycle upon the sidewalk. There are
+laws regulating the speed of automobiles, the lights and signals,
+and the turning at the corners of the street, so that
+other people either walking, or riding on bicycles, or in automobiles
+or other vehicles, may not receive injury.<a id="noteref_23" name="noteref_23" href="#note_23"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">23</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You know in this country, where every person is equal before
+the law, no one person has any more right in the street
+than his neighbor has, and the conduct of each in the use of
+streets and sidewalks and other public places must be such
+that all may enjoy equal opportunities in the use thereof.<a id="noteref_24" name="noteref_24" href="#note_24"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">24</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Freedom, as already explained, does not mean a right to
+do everything we wish to do. Freedom is the right to do
+whatever we may wish to do, provided it does not interfere
+with the right of our neighbors to have the same privileges
+which we claim for ourselves.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Therefore, it is absolutely necessary to have laws fixing
+the conduct of all persons; and it is necessary, in order to
+enforce these laws, to punish those who will not obey them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">Who makes these laws?</span></em> In America the laws are made
+by the people themselves; that is, they elect representatives
+to serve in Congress, in the legislatures of the States, and in
+the councils of the city, who make the laws for the people
+according to the wishes of the people. This you will understand
+more fully as you study this representative form of
+government we have in this country.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The people have the right to change any law now in existence,
+<span class="tei tei-pb" id="page047">[pg 047]</span><a name="Pg047" id="Pg047" class="tei tei-anchor"></a>
+and may also make such new laws as they think will
+better protect the people in their rights.<a id="noteref_25" name="noteref_25" href="#note_25"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">25</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">Who enforces these laws</span></em>, these rules of conduct? The
+rules of the home are enforced by the parents. If you violate
+the rules of your parents, they impose a punishment upon
+you. This punishment may not be severe, in fact it should
+not be, unless your disobedience is continued and stubborn.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If you violate the rules of school, the teacher or other
+school officers have the right to punish; and if you violate
+the rules of your employer, he has the right to admonish
+you, and of course if you do not obey, he will discharge you
+and you will lose your place.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now the rules of conduct, the laws of the Nation, the State,
+or the city are enforced in this country by the people, through
+their government, through the courts, presided over by judges
+whom the people themselves select for that purpose. Sometimes
+the punishment is severe, sometimes mild. It all depends upon
+the character of the person who disobeys the law, and whether
+the disobedience is stubborn or willful. Penalties are imposed,
+not only to punish the wrongdoer, but as a warning to others,
+that if they disobey the law, they too will be punished.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In this country all laws imposing punishment for offenses
+are printed so that every one may know what the law is;
+but it is not necessary that one should study each separate
+law, because as a rule, your conscience will be your guide
+against wrong doing. There are not many acts punished by
+the State or Nation which are not morally wrong. The person
+whose heart is right knows good from evil; and the person
+who really tries to do right will seldom be guilty of violating
+any law.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I do not expect you to learn all about the different laws.
+This is not necessary. But I do expect you to understand
+enough about the law to realize that we are all subject to
+authority; that laws are enacted by the authority of the
+<span class="tei tei-pb" id="page048">[pg 048]</span><a name="Pg048" id="Pg048" class="tei tei-anchor"></a>
+people; that laws are absolutely necessary, and that without
+laws we should have no liberty. Above all, I want you to
+learn that in this country the people make the laws, and I
+want you to feel absolute confidence in the power of the
+people to make and enforce laws.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I hope that you will acquire a spirit of confidence and faith
+in the justice of the law, and learn that submission to the
+law is absolutely essential in a government of the people and
+by the people.<a id="noteref_26" name="noteref_26" href="#note_26"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">26</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But there are many laws, many rules of conduct, besides
+those defining crimes, offenses, and the punishment of
+wrongdoers.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I want to talk to you briefly about some of the laws which
+affect our conduct in every day life, in matters not criminal.
+I want to impress upon you how far reaching the law is as
+affecting every human being in his daily conduct.<a id="noteref_27" name="noteref_27" href="#note_27"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">27</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Suppose one of the girls here goes to the store to buy a
+piece of cloth. How does she tell the merchant how much
+cloth she wants? She, without doubt, will say that she
+wants one yard, or two yards, or three yards, according to
+her needs. Now how much is a yard? Of course you all
+know that a yard is three feet. I suppose you all know
+that a yard is the same length in every city in the United
+States. We go into the store and ask for a yard of cloth in
+any city in the country, with absolute confidence that we
+will get for each yard, three feet in length. But how do we
+know we will get three feet in length for each yard? How
+do we know what we will get when we ask for a pound of
+coffee, or for a ton of coal, or for a quart of milk?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+These weights and measures are nearly all fixed by law.
+When you come to read the Constitution of the United States,
+you will find that there is conferred upon the United States
+government the power to <span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">fix the standard of Weights and
+Measures</span></em>”</span>.<a id="noteref_28" name="noteref_28" href="#note_28"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">28</span></span></a>
+</p>
+
+<span class="tei tei-pb" id="page049">[pg 049]</span><a name="Pg049" id="Pg049" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution is the fundamental law of the land. This
+confers upon the United States government the right to fix all
+standards of measurements and all weights and measures of
+every kind. The United States government has this power. It
+is not required to exercise the power, but it has the power.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The United States government has a National Bureau of
+Standards,<a id="noteref_29" name="noteref_29" href="#note_29"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">29</span></span></a>
+which supervises weights and measurements,
+which coöperates with the States, and maintains uniformity,
+so that in every State, with reference to most things bought
+and sold, the law fixes definitely the quantity or dimensions.
+Without such laws you can see what a mass of confusion the
+people would be in at all times.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Severe penalties are imposed by law upon those who give
+short measure, or short weight,<a id="noteref_30" name="noteref_30" href="#note_30"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">30</span></span></a>
+in order to protect buyers
+against those who might defraud them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So you see how necessary law is to the simple transactions
+of life, and how we are constantly relying upon the law in
+our daily transactions, to protect us against wrongdoers.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then again, how do you know how much the silver dollar
+which you are saving for Christmas is really worth? How
+do you know that one dollar is as valuable as another dollar?
+How do you know that the paper dollar which is in circulation
+is as valuable as the silver dollar? Well, here again
+when you read the Constitution of the United States, you will
+find that the people, when they adopted the Constitution,
+gave to the Congress of the United States the power:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">To coin Money, regulate the Value thereof, and of foreign
+Coin</span></em>”</span>.<a id="noteref_31" name="noteref_31" href="#note_31"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">31</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Congress, with this power, has enacted numerous laws
+with reference to the coinage of silver and gold money, the
+printing of paper money, and fixing the value of such money.
+How helpless the people would be without such laws.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then how do you know that the dollar you received in
+change at the grocery store is a real dollar? There are many
+<span class="tei tei-pb" id="page050">[pg 050]</span><a name="Pg050" id="Pg050" class="tei tei-anchor"></a>
+counterfeit dollars made by wrongdoers, by criminals who
+seek to profit by manufacturing money themselves, sometimes
+so much like the genuine, that it is almost impossible
+to detect the difference. There are counterfeit bills, and
+counterfeit coin, which I dare say could not be distinguished
+from the genuine by any person in this room. But there are
+laws enacted by Congress providing very severe punishment
+for any person who makes, passes, or attempts to pass, any
+counterfeit coin. For instance, if one shall make, or pass,
+or attempt to pass counterfeit gold or silver coin, he may be
+punished by five years imprisonment in the penitentiary.<a id="noteref_32" name="noteref_32" href="#note_32"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">32</span></span></a>
+Even for making, or passing, or attempting to pass a one cent,
+two cent, three cent, or five cent piece, a person may be imprisoned
+for five years. Any one who makes a die or mold designed
+for the coining, or making of counterfeit coins may be
+punished by imprisonment in the penitentiary for ten years.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+These are severe penalties. Liberty is dear, and yet you
+can see how absolutely necessary it is to have these severe
+penalties in order to protect you, your father and mother,
+and all other persons from being defrauded and wronged by
+the use of counterfeit money which is worthless, but which
+most people cannot distinguish from the genuine.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I suppose you watched for the letter carrier this morning.
+Perhaps you were expecting a letter from a friend or relative.
+The letter carrier came to your door. You did not
+have to walk to the post office. Perhaps your friend lives
+one thousand miles away. How is it possible for you to
+receive a letter in perhaps a couple of days from that far
+distant point? Did you ever stop to think about it? Of
+course you say, <span class="tei tei-q">“Well it came through the post office”</span>. Yes,
+but the postoffice is only a part of the great postal system
+of this country, which carries your letters from one end of
+the land to another for the small amount of two cents; and
+we have wonderful confidence in this postal service. We
+<span class="tei tei-pb" id="page051">[pg 051]</span><a name="Pg051" id="Pg051" class="tei tei-anchor"></a>
+carelessly drop into the mail box most important letters, often
+most sacred, but we have no doubt that the letter will reach
+its destination safely.<a id="noteref_33" name="noteref_33" href="#note_33"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">33</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+How is it all possible? Well, again, in reading the Constitution
+you will find that the people gave to Congress the
+power:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">To establish Post Offices and Post roads.</span></em>”</span><a id="noteref_34" name="noteref_34" href="#note_34"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">34</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This power has been exercised by the enactment of many
+laws by Congress providing for post offices, letter carriers,
+postal clerks, railway mail service, rural routes, and many
+laws severely punishing any one in the postal service who
+willfully fails to perform his duties.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Persons engaged in the postal service may be sent to the
+penitentiary for stealing money from the mails, stealing a
+letter from the mails, for any act of dishonesty, or failure of
+prescribed duty. How could the great postal service of this
+country be maintained without such laws? How would the
+people have the blessing of a great service of this kind without
+the most carefully prepared laws made to protect the
+people?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So I might go on giving numerous other illustrations of
+the laws enacted by the people through their representatives,
+for the benefit of the people themselves, for their comfort,
+their convenience, and their protection against wrongdoers,
+who might deprive them of their property, or of things still
+more sacred than property.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I have only used these illustrations to impress upon you
+the great truth that there is hardly any relation in life in
+which the law does not have an important part. We should
+realize early in life that law is absolutely necessary to guide
+human conduct, to restrain wrongful conduct, to punish
+wrong doing, and thus to aid in protecting us in our right
+to life, liberty, and property.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+These laws are not the judges' laws, nor the lawyers' laws;
+<span class="tei tei-pb" id="page052">[pg 052]</span><a name="Pg052" id="Pg052" class="tei tei-anchor"></a>
+they are the laws of the people, made for their benefit, worthy
+of our most earnest support, calling upon us for loyal obedience,
+demanding our respect, and inspiring our confidence.
+</p>
+
+<span class="tei tei-pb" id="page054">[pg 054]</span><a name="Pg054" id="Pg054" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. What is a law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. By whom is a law enforced?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Name an activity in life that the law has nothing to do with.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Make a list of some of the laws that your father and mother make in
+your home.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Make a list of some of the rules of conduct found in school.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Go to a store in your town. Are there rules of conduct for the clerks?
+What are they?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. Who makes the rules in a home? In a school? In business institutions?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. Upon which side of the street must a person drive? Why?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. Who fixes the rules of measurement and weight?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. Suppose that you buy a ton of coal and find later on that you only
+received 1500 pounds. Could you do anything about it? Why should
+the coal dealer be punished?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+11. What would it be like if we had no laws at all?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. In imposing punishment upon a wrongdoer, what elements does the
+judge consider in fixing the amount of fine or the length of punishment?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Why do we have our laws printed? What would be the dangers of
+having secret laws concerning the nature and existence of which the
+people could not obtain information?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What is the distinction between a rule of conduct in the home and a
+law of the land?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. List a number of laws and penalties in addition to those cited by the
+judge.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Why cannot one have liberty without law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. Why are people punished when they break the law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. Is it ever right to break the law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Why Breaking the Postal Laws Deserves Severe Punishment
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Liberty Under the Law
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Danger of Counterfeit Money
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Laws that Should Be Passed
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+How to Have a Law Passed
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page055">[pg 055]</span><a name="Pg055" id="Pg055" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc17" id="toc17"></a>
+<a name="pdf18" id="pdf18"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">VII. The Constitution</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Personal Guaranties Grouped Under The Title
+"The Short Constitution"</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We now take up the subject of the Constitution of the
+United States. It is important because it is the foundation of
+the rights and liberties of all Americans. It relates to the
+rights and liberties of everyone in this room. It is our great
+charter.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Gladstone, the great English statesman, once said, <span class="tei tei-q">“It is
+the greatest work ever struck off at any one time by the mind
+and purpose of man.”</span><a id="noteref_35" name="noteref_35" href="#note_35"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">35</span></span></a> It is quite a long document. I want
+every one of us to read it carefully and study it thoroughly.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The larger part of the Constitution consists of provisions
+telling of the qualifications and manner of election of the
+President, Senators, and congressmen, the powers and duties
+of the various parts of our government, procedure of government,
+and the relations of the Nation and the States.
+These are important.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But more important still are the ways in which the Constitution
+guarantees the rights, liberties, and privileges of all
+men, women, and children who live under the American flag.
+These guaranties are numerous, but they are briefly stated.
+Any of us can understand them if we but read them carefully
+and catch their meaning. It ought not to be difficult
+to cause a person to study the things which relate to himself,
+to the most important things in his own life. Liberty we prize
+most dearly. Everyone of these guaranties in the Constitution
+is intended to guard and protect the freedom and liberty
+which you and I enjoy.<a id="noteref_36" name="noteref_36" href="#note_36"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">36</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To make our task more simple, I have selected from the
+<span class="tei tei-pb" id="page056">[pg 056]</span><a name="Pg056" id="Pg056" class="tei tei-anchor"></a>
+Constitution those sections which deal with our privileges as
+American citizens. You can see them in the copy of the
+Constitution which you have. (See page <a href="#Pg217" class="tei tei-ref">217</a>.) I have
+grouped these together and for convenience I shall call it
+<span class="tei tei-q">“The Short Constitution”</span>. As you can see, there is nothing
+in it that is not in the original Constitution. It is just as if
+I had taken a pair of shears, cut out these phrases from the
+Constitution, and pasted them together. It makes it more
+convenient for us.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Take this <span class="tei tei-q">“Short Constitution”</span> home with you. Bring it
+with you when you come to school. Talk with your father
+and mother about it. It may be that sometime a knowledge
+of these rights that every American citizen now has may save
+to you your home, your freedom, or your life.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now I am going to read this:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+THE SHORT CONSTITUTION
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article I (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment I.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Congress shall make no law respecting an establishment
+of religion, or prohibiting the free exercise thereof;
+or abridging the freedom of speech, or of the press;
+or the right of the people peaceably to assemble, and to
+petition the Government for a redress of grievances.</span><a id="noteref_37" name="noteref_37" href="#note_37"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">37</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article II (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment II.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+A well regulated Militia, being necessary to the security
+of a free State, the right of the people to keep
+and bear Arms, shall not be infringed.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article III (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment III.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+No Soldier shall, in time of peace, be quartered in any
+house, without the consent of the Owner, nor in time
+of war, but in a manner to be prescribed by law.
+</span></p>
+
+<span class="tei tei-pb" id="page057">[pg 057]</span><a name="Pg057" id="Pg057" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article IV (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment IV.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The right of the people to be secure in their persons,
+houses, papers, and effects, against unreasonable
+searches and seizures, shall not be violated, and no
+Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing
+the place to be searched, and the persons or things
+to be seized.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article V (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment V.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+No person shall be held to answer for a capital, or
+otherwise infamous crime, unless on a presentment or
+indictment of a Grand Jury, except in cases arising in
+the land or naval forces, or in the Militia, when in actual
+service in time of War or public danger; nor shall any
+person be subject for the same offence to be twice put
+in jeopardy of life or limb; nor shall be compelled in
+any criminal case to be a witness against himself, nor
+be deprived of life, liberty, or property, without due
+process of law; nor shall private property be taken for
+public use, without just compensation.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article VI (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment VI.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+In all criminal prosecutions, the accused shall enjoy
+the right to a speedy and public trial, by an impartial
+jury of the State and district wherein the crime shall
+have been committed, which district shall have been
+previously ascertained by law, and to be informed of
+the nature and cause of the accusation; to be confronted
+with the witnesses against him; to have compulsory
+process for obtaining witnesses in his favor, and to
+have the Assistance of Counsel for his defence.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article VII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment VII.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+In suits at common law, where the value in controversy
+shall exceed twenty dollars, the right of trial by
+</span><span class="tei tei-pb" id="page058">[pg 058]</span><a name="Pg058" id="Pg058" class="tei tei-anchor"></a><span style="font-size: 90%">
+jury shall be preserved, and no fact tried by a jury shall
+be otherwise re-examined in any Court of the United
+States, than according to the rules of the common law.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article VIII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment VIII.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Excessive bail shall not be required, nor excessive
+fines imposed, nor cruel and unusual punishments inflicted.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article IX (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment IX.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The enumeration in the Constitution, of certain rights,
+shall not be construed to deny or disparage others retained
+by the people.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article X (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment X.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The powers not delegated to the United States by the
+Constitution, nor prohibited by it to the States, are reserved
+to the States respectively, or to the people.</span><a id="noteref_38" name="noteref_38" href="#note_38"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">38</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XI (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment XIII, Sec. 1.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Neither slavery nor involuntary servitude, except as a
+punishment for crime whereof the party shall have been
+duly convicted, shall exist within the United States, or
+any place subject to their jurisdiction.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment XIV, Sec. 1.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+All persons born or naturalized in the United States,
+and subject to the jurisdiction thereof, are citizens of
+the United States and of the State wherein they reside.
+No State shall make or enforce any law which shall
+abridge the privileges or immunities of citizens of the
+United States; nor shall any State deprive any person
+of life, liberty, or property, without due process of law;
+nor deny to any person within its jurisdiction the equal
+protection of the laws.
+</span></p>
+
+<span class="tei tei-pb" id="page059">[pg 059]</span><a name="Pg059" id="Pg059" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XIII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment XV, Sec. 1.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The right of citizens of the United States to vote shall
+not be denied or abridged by the United States, or by
+any State on account of race, color, or previous condition
+of servitude.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XIV (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. I, Sec. 9, Cl. 2.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Privilege of the Writ of Habeas Corpus shall not
+be suspended, unless when in Cases of Rebellion or Invasion,
+the public Safety may require it.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XV (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. I, Sec. 9, Cl. 3.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+No Bill of Attainder or ex post facto law shall be
+passed.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XVI (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. I, Sec. 9, Cl. 8.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+No Title of Nobility shall be granted by the United
+States: And no Person holding any Office of Profit or
+Trust under them, shall, without the Consent of the Congress,
+accept of any present, Emolument, Office or Title
+of any kind whatever, from any King, Prince, or foreign
+State.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XVII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. III, Sec. 2, Cl. 3.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The trial of all Crimes except in Cases of Impeachment,
+shall be by Jury, and such Trial shall be held in
+the State where the said Crimes shall have been committed;
+but when not committed within any State, the
+Trial shall be at such Place or Places as the Congress
+may by Law have directed.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XVIII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. III, Sec. 3, Cl. 1.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Treason against the United States, shall consist only
+in levying War against them, or in adhering to their
+</span><span class="tei tei-pb" id="page060">[pg 060]</span><a name="Pg060" id="Pg060" class="tei tei-anchor"></a><span style="font-size: 90%">
+Enemies, giving them Aid and Comfort. No person shall
+be convicted of Treason unless on the Testimony of two
+witnesses to the same overt Act or on Confession in
+open Court.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Congress shall have power to declare the Punishment
+of Treason, but no Attainder of Treason shall
+work Corruption of Blood, or Forfeiture except during
+the Life of the Person attainted.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XIX (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. IV, Sec. 2, Cl. 1.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Article XX (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. VI, Cl. 3.</span></span><span style="font-size: 90%">)
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+No religious Test shall ever be required as a Qualification
+to any Office or public Trust under the United
+States.
+</span></p>
+</div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now that is not long, is it? Yet in this brief part of
+the Constitution are contained provisions the most important
+for the common people ever written by the hand of man in
+all the history of the world. In some countries of the world
+people have some of the rights and privileges guaranteed
+by our Constitution, but in no other country in the world do
+the people have a written guaranty of all the rights, privileges,
+and liberties set forth in these short extracts from the
+Constitution of the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I want you all to get fixed in your minds the date of the
+adoption of the original Constitution by the convention—1787.<a id="noteref_39" name="noteref_39" href="#note_39"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">39</span></span></a>
+That was more than a century and a quarter ago.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I want every child to understand just why the Constitution
+was made, how it was made, something of the men that
+made it, and how the people of the States approved of the
+Constitution before it became binding.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I also want you to understand something of the
+<span class="tei tei-pb" id="page061">[pg 061]</span><a name="Pg061" id="Pg061" class="tei tei-anchor"></a>
+changes and additions made by the people since the Constitution
+was first adopted. I want you to understand that it is
+the Constitution of the people, the whole people, and I want
+you to know that the people can change the Constitution or
+make additions to it whenever they want to.<a id="noteref_40" name="noteref_40" href="#note_40"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">40</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So at our next meeting I am going to tell you something
+of the making of the Constitution.
+</p>
+
+<span class="tei tei-pb" id="page065">[pg 065]</span><a name="Pg065" id="Pg065" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Compare <span class="tei tei-q">“The Short Constitution”</span> on pages 56-60 with the complete
+Constitution found at the back of the book.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why were these parts selected from the entire Constitution? Is
+there any similarity in the various parts selected?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. What are the most important provisions of the Constitution of the
+United States?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Do the guaranties of the Constitution protect the rights of all people
+living in America, or do they apply only to a few favored classes?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. What was the date of the adoption of the original Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Why are we interested in our rights?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. What are the dangers of talking too much about our rights?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Make a list of a duty to correspond with each right selected.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Officials Provided by the Constitution
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The American Bill of Rights
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page066">[pg 066]</span><a name="Pg066" id="Pg066" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc19" id="toc19"></a>
+<a name="pdf20" id="pdf20"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">VIII. Making The Constitution</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">How The Convention Of 1787 Drafted The Constitution
+Of The United States</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You will remember from your study of American history
+that when the early colonists came to this country they settled
+along the Atlantic coast in many separate and distinct
+groups. Not all had come from the same country. Most of
+them were English, but there were also smaller settlements
+of Dutch, French, Germans, and Swedes. It was not many
+years until the English had taken control of all the land
+from Maine to Georgia, but even then not all the English
+were alike. There were Puritans and Cavaliers, Scotch and
+Irish, Scotch-Irish and Quakers. They differed in their
+ideas of government, religion, and education.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+These colonists had come for many purposes. Some had
+come to make their fortune. Others because of trouble at
+home. Most had come to be free, to worship God in the
+way they chose, to form their own government, to make their
+own laws, to govern themselves; and in the early days, they
+had met with success.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But as time went on, as more people came, as ships were
+built, and trade and commerce increased, the government
+of England became more and more tyrannical. The English
+people may not have favored this, but they did not
+direct the acts of their king and his officers. Taxes were
+placed on the colonists without their consent. They were
+forced to accept laws not of their own choosing. The king
+refused them the right to select their own judges. They
+could not trade where they pleased. If you will read the
+<span class="tei tei-pb" id="page067">[pg 067]</span><a name="Pg067" id="Pg067" class="tei tei-anchor"></a>
+Declaration of Independence you will see how their liberties
+were restricted.<a id="noteref_41" name="noteref_41" href="#note_41"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">41</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+All this time the various colonies were as separate as so
+many distinct countries. They did not know each other.
+There was little travel from one to another. They were
+quite different. But they were alike in the fact that each
+wanted liberty, and that each was subject to oppression
+from the English king.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So from time to time we find them sending delegates to
+some common meeting place to discuss a plan of action. In
+1754 a group met at Albany to suggest a plan of union. In
+1765 England passed the Stamp Act which put a tax upon
+certain articles such as books, newspapers, and playing cards.
+A person could not sell one of these articles without pasting
+upon it one of these stamps, the money from which went to
+England as a tax. It was much like our war tax upon tooth
+paste, shaving soap, and playing cards. The difference was
+this. The colonists had never given the right to make this
+tax. It had been imposed upon them by England; and
+further, if a person were accused of selling a book or newspaper
+without this stamp, he could be severely punished.<a id="noteref_42" name="noteref_42" href="#note_42"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">42</span></span></a>
+This enraged the colonists, and in New York in the following
+year, there met a group of delegates from nearly all the
+colonies to discuss ways and means of meeting this.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Again in 1774, conditions having become worse, delegates
+from twelve colonies met at Philadelphia at the First
+Continental Congress to consider the grievances against Great
+Britain. The Second Continental Congress following it carried
+on the first years of the Revolutionary War. It drafted
+and adopted the Declaration of Independence. It raised and
+provided for the armies, and brought the States together.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But it needed a kind of constitution. So in 1777 the
+Articles of Confederation were drawn up and adopted by
+Congress and by 1781 all the States had finally adopted
+<span class="tei tei-pb" id="page068">[pg 068]</span><a name="Pg068" id="Pg068" class="tei tei-anchor"></a>
+them. But they were inadequate. Each of the thirteen
+States wanted all the power in its own hands.<a id="noteref_43" name="noteref_43" href="#note_43"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">43</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You cannot blame them. Picture to yourself these little
+settlements down on the Atlantic Coast. All together they
+did not have as many people as there are in the State of New
+Jersey to-day. They and their fathers had left their homes
+and traveled thousands of miles over stormy seas to find
+liberty. They themselves had fought a long war against
+England to make themselves free. They did not wish to
+give up these powers.<a id="noteref_44" name="noteref_44" href="#note_44"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">44</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But the wiser people in the different States saw that to
+form a more perfect union it was necessary to grant the central
+government more powers, and to fix forever certain
+rights which every American citizen should enjoy throughout
+the years to come. So the people selected men as their
+representatives and authorized them to meet with the representatives
+from other States at Philadelphia in 1787 to draw
+up a plan of government which would be strong enough to
+hold the country together and govern it effectively.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now who were these men? They were men who were
+selected by their neighbors to represent them, just as men are
+elected to-day to represent us in the legislature of our State
+or in Congress. To be sure, in those days not all men were
+allowed the right to vote. In some States a man had to
+have a certain amount of money before he could vote. In
+others men of certain religious faiths were not allowed to vote.
+But the delegates to the Constitutional Convention were men
+who were fairly representative of all the people. When we
+consider the work that they did, that they wrote our Constitution,
+that they were able to do this at the time they did,
+we must feel that a wise Providence guided their selection
+and inspired them in their wonderful work.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There in Independence Hall in Philadelphia were Benjamin
+Franklin and George Washington, James Madison and
+<span class="tei tei-pb" id="page069">[pg 069]</span><a name="Pg069" id="Pg069" class="tei tei-anchor"></a>
+Edmund Randolph, Alexander Hamilton and Gouverneur
+Morris. Almost all the prominent men of the time took part.<a id="noteref_45" name="noteref_45" href="#note_45"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">45</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+They took the best that they knew of the experience of
+the human race in government, especially the experience of
+England and America, and from this they drew up the Constitution
+of the United States, the foundation of the government
+under which we live.<a id="noteref_46" name="noteref_46" href="#note_46"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">46</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When they had finished their work—that part of the Constitution
+which precedes the amendments—they submitted
+it to the States. They were very careful to see to it that the
+people themselves should approve of this. So instead of having
+the usual legislature of each State vote upon it, they provided
+that the people of each State should elect delegates for
+a special convention, the sole purpose of which was to decide
+whether or not they would like to live under a government
+like this.<a id="noteref_47" name="noteref_47" href="#note_47"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">47</span></span></a> These conventions, elected by the people
+for this special purpose, met and one after another, often
+after a bitter struggle, ratified the Constitution. The chief
+objection was that the rights of all Americans were not
+clearly stated.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So at the first meeting of Congress, the first ten amendments—our
+American Bill of Rights—were adopted and
+in 1791 they were ratified by the States. Since then the
+Constitution has been rarely amended. In 1798 and in
+1804 the eleventh and twelfth amendments regarding the
+courts and the election of the President were adopted. After
+the Civil War three amendments were adopted regarding
+the problem of the negro citizen. Since then we have added
+changes regarding the income tax, the election of United
+States Senators, and prohibition. The last amendment,
+dealing with the extension of the vote to women, was ratified
+by Tennessee as the thirty-sixth State on August 18, 1920.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To-day then, our government is founded upon the Constitution
+made shortly after the Revolutionary War. It represents
+<span class="tei tei-pb" id="page070">[pg 070]</span><a name="Pg070" id="Pg070" class="tei tei-anchor"></a>
+the aims and ambitions of the fathers of our country.
+They came to this land to be free. They suffered persecution.
+They threw off the yoke of the oppressor. They established
+a government of the people, by the people, for the
+people. The people selected the men who drew it up. They
+selected the men who amended it. Our task is to understand
+what it means, to obey it, and protect it.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The lofty purpose of the fathers of the republic in establishing
+this, the first real government by the people, is expressed
+in these thrilling words:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">We the people of the United States, in Order to form a
+more perfect Union, establish Justice, insure domestic Tranquility,
+provide for the common defence, promote the general
+Welfare, and secure the Blessings of Liberty to ourselves
+and our Posterity, do ordain and establish this CONSTITUTION
+for the United States of America.</span></span>”</span>
+</p>
+
+<span class="tei tei-pb" id="page072">[pg 072]</span><a name="Pg072" id="Pg072" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Why did the early settlers come to America?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. From what countries did they come? Which countries were most
+important?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Why did they become dissatisfied with English rule here?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Why did they wish to unite? Name some of the earlier attempts
+at union.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. When was the Stamp Act passed? What was it supposed to do?
+Why did the colonists object?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Why were the Articles of Confederation not satisfactory?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. What was the meeting in Philadelphia in 1787? How were the
+representatives at this meeting chosen? How did they try to see
+that the representatives at this meeting actually represented the
+people?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. How was the Constitution ratified by the people? In what way
+did they try to make it the actual will of the people?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. When was our Bill of Rights passed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. What amendments have been added to the Constitution since 1791?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. How did the makers of the Constitution guard against the abuses
+cited in the Declaration of Independence?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. How were the defects in the Articles of Confederation guarded
+against and remedied?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What experience had the makers of the Constitution had which enabled
+them to prepare so successful a document?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Would you say that Gladstone's statement, <span class="tei tei-q">“It is the greatest
+work ever struck off at any one time by the mind and purpose of
+man”</span> was literally true?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. How did the allusions to other countries made during the convention
+show the advantage of America's being a <span class="tei tei-q">“melting pot”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. What people were allowed to vote at the time of the adoption of the
+Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. What were the chief objections urged against ratification of the
+Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Why the People Needed a Constitution
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Main Points Included
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+A Comparison of the Work Done Then and the Outline Made in
+Answers to Questions J Chapter Two
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+George Washington
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Benjamin Franklin
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Alexander Hamilton
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+James Madison
+</span></p>
+
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page073">[pg 073]</span><a name="Pg073" id="Pg073" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc21" id="toc21"></a>
+<a name="pdf22" id="pdf22"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">IX. Freedom</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">How Freedom Of Worship, Speech, The Press, And
+Assembly Are Guaranteed</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This morning we begin the consideration of what I believe
+to be the most important of all the subjects we have
+talked about. I think people are more interested in their
+privileges and rights than they are in their duties. In fact
+we hear a great deal and we read a great deal about <span class="tei tei-q">“rights”</span>,
+but we do not find very much said on the streets, in the
+homes, or in the newspapers about our <span class="tei tei-q">“duties”</span>.<a id="noteref_48" name="noteref_48" href="#note_48"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">48</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now we have considered in a very general way the nature
+of our government and something of our powers and duties
+under the Constitution. I know that you will be interested
+in considering our rights and privileges under the Constitution
+of the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Always keep in mind that each State has a Constitution,
+and that the Nation has a Constitution, that the Constitution
+of the United States covers the entire Nation, not only the
+original thirteen colonies, but the present forty-eight States,
+and that any States that may hereafter be brought in the
+Union will have as their fundamental law the Constitution
+adopted by the people in the long ago.<a id="noteref_49" name="noteref_49" href="#note_49"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">49</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Also always keep in mind that the Nation has certain powers,
+and that the Constitution of the United States is supreme
+only as to the things over which the United States as
+a Nation has control.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But it is important to bear in mind that the great principles
+of the Constitution of the United States have been carried
+into the Constitutions of the various States, and that
+the rights and privileges of the people under the Constitution
+<span class="tei tei-pb" id="page074">[pg 074]</span><a name="Pg074" id="Pg074" class="tei tei-anchor"></a>
+of the United States have also to a large extent been
+guaranteed by the Constitutions of the States.<a id="noteref_50" name="noteref_50" href="#note_50"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">50</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This morning we take up a constitutional guaranty which
+you perhaps have not thought much about, but which is one
+of the most important in the whole Constitution—<span class="tei tei-hi"><span style="font-style: italic">Freedom
+of Worship</span></span>. The Constitution provides:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-hi"><span class="tei tei-q"><span style="font-style: italic">“</span><span style="font-style: italic">Congress shall make no law respecting an establishment
+of religion, or prohibiting the free exercise thereof.</span><span style="font-style: italic">”</span></span></span><a id="noteref_51" name="noteref_51" href="#note_51"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">51</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+As we look back through the history of the world we are
+startled to find that this was the first written guaranty that
+the people of any nation ever had permitting them to worship
+God according to the dictates of their own conscience.<a id="noteref_52" name="noteref_52" href="#note_52"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">52</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now some of you may not realize how important this is;
+but there is nothing so dear to the human heart as the right,
+the privilege, of belonging to that church and worshipping
+God in that manner which each individual may desire. We
+do not realize the value of such a privilege until some one,
+or some power, seeks to take it away from us. All through
+the world men and women and children have fought, and
+many of them have died, for this privilege. It was the custom
+of the nations of the world before our Constitution to
+have an established religion, a National religion, and in
+many of the countries it was the law that every one must belong
+to the state church, and must actually believe in the
+religion of the state. In fact, in many countries, refusal to
+believe in the religion of the state was punished by death—sometimes
+by burning to death, and I am sure you will be
+surprised to realize that while America was first settled by
+people who were seeking religious freedom, they were still
+so imbued with a feeling of the old days that persons must
+worship, not as their conscience might dictate, but as the
+state might dictate, that for many years in this country in
+certain of the colonies a state religion was recognized, and
+<span class="tei tei-pb" id="page075">[pg 075]</span><a name="Pg075" id="Pg075" class="tei tei-anchor"></a>
+obligation to conform to the established religion enforced by
+severe penalties.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the colony of Virginia the established or state church
+existed, and it was the law that any person who did not conform
+thereto should be punished by burning to death. This
+is startling, isn't it, to hear of such a brutal law upon American
+soil? Virginia afterwards became the pioneer in legislation
+establishing freedom of worship, but it took the most
+strenuous efforts of Thomas Jefferson through many years
+to finally wipe out these cruel laws and establish freedom of
+worship.<a id="noteref_53" name="noteref_53" href="#note_53"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">53</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Virginia statute granting absolute freedom of worship
+was the first ever adopted in the history of the world by
+any state or nation, the first guaranty of the right. Freedom
+of worship had existed before this in Maryland under
+the generous rule of Lord Baltimore, but the first formal
+statute was adopted in Virginia.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now your teachers tell me that in this school the pupils
+belong to sixteen different churches. I suppose each one of
+you thinks that the church to which he belongs is better
+than any of the others. I hope you do. I hope that every
+child is sincere in his religious belief, whatever it may be.
+But how would you feel if some representative of the State
+should come here this morning, and announce that a law
+had been passed by which every pupil must belong to the
+Baptist, the Methodist, the Catholic, or the Jewish church?
+How would you feel if a law were to be read to you which provided
+that unless you changed your religious belief and adopted
+some other, you would be burned to death out here on the
+hillside? You can hardly believe that such a thing would
+be possible in any age of the world; and yet never forget
+that the foregoing provision which I have read from the
+Constitution of the United States was the first declaration of
+<span class="tei tei-pb" id="page076">[pg 076]</span><a name="Pg076" id="Pg076" class="tei tei-anchor"></a>
+the right of the people of a whole Nation to worship God
+according to their own will, their own conscience.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The declaration of this great right by the Constitution of
+the United States has been in full force ever since the adoption
+of the Constitution, not only as a National law, but
+similar provisions have been made the policy, usually by the
+Constitution, of every State in the Union. What a glorious
+thing it is to live in a Nation and in an age where no man,
+no state, and no power can tell you what to believe, or how
+to express your belief, what church you shall attend, or in
+what manner you shall express your religious faith.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Not only this, but this constitutional guaranty protects
+every one in his right to belong to no church if he so elects.
+The soul is free. No power can compel one to belong to any
+church, nor in any manner to hold or exercise religious faith,
+or religious duty or obligation. <em class="tei tei-emph"><span style="font-style: italic">In other words, men are free</span></em>,
+and this freedom, aside from any other guaranty of the Constitution,
+should make us all feel affection and veneration
+for this great charter of human liberty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But freedom of worship is only one of the many rights
+and privileges guaranteed to the people—to all the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Another great natural right—God given right—is firmly
+and finally established:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Congress shall make no law ... abridging the freedom
+of speech or of the press.</span></span>”</span><a id="noteref_54" name="noteref_54" href="#note_54"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">54</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Here again remember, when you are thinking of what
+you owe to your country, that this declaration of the Constitution
+was the first in all the history of the world by which
+a Nation guaranteed to all the people the right freely to
+express their thoughts in words or in writing. This was the
+first time the chains were taken from the human intellect.
+No one will ever be able to number the men and women who,
+throughout the history of the world, were condemned to
+death, because they dared to express their sentiments. If
+<span class="tei tei-pb" id="page077">[pg 077]</span><a name="Pg077" id="Pg077" class="tei tei-anchor"></a>
+Patrick Henry had delivered his famous speech in which
+he said, <span class="tei tei-q">“Give me liberty, or give me death”</span>, in England
+rather than America, he would have been promptly punished.
+Hundreds of the colonists would have been hanged
+by the British government if they had expressed themselves
+in the mother country instead of in the new world. Kings
+to hold their power in the old world, to keep the people so
+terrorized that they would submit to their will, made the
+practice of hanging or beheading those who freely spoke their
+sentiments against the government.<a id="noteref_55" name="noteref_55" href="#note_55"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">55</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course under the old laws those who expressed their
+religious convictions in opposition to the state church by
+speech or writing were usually promptly imprisoned, hanged,
+or burned.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now do not have any misunderstanding about this guaranty
+of freedom of speech and of the press. We often hear
+complaints of certain people about certain laws punishing
+those who abuse the privilege of free speech; but there is
+no law of State or Nation which prohibits the speaking or
+writing of anything in this country. Men may speak and
+write what they will; but there are some laws punishing
+those who abuse this great privilege to the injury of another
+person, or to the injury of the Nation. Of course no one
+would feel that it was right to allow another to write libelous
+articles about your neighbors. You would not feel that
+it would be right to permit some vile person to write false
+and vicious articles about your mother or your father; and
+yet any one may do so. They cannot be prohibited or enjoined
+from doing so, but they may be punished after doing so,
+after they have been tried in a court and found guilty of
+libel by a jury of their fellowmen.<a id="noteref_56" name="noteref_56" href="#note_56"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">56</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So if one writes a threatening letter to your father, telling
+him that he will kidnap his child unless he pays ten thousand
+dollars by a certain time, such person is exercising his
+<span class="tei tei-pb" id="page078">[pg 078]</span><a name="Pg078" id="Pg078" class="tei tei-anchor"></a>
+constitutional right to freedom of expression, but no one
+would think that it was right to permit him thus to abuse
+his constitutional right without being punished for it; and
+consequently such person may be arrested and tried, and if
+found guilty, punished.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So in these later days it has been found wise, not to prohibit
+persons from giving expression to their views about our
+government, but to punish those who show by their words
+or writing that they are rebels against our government, endeavoring
+by their words to cause a revolution, to incite people
+to use force, bombs, or the torch to destroy our government.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No one can ever be punished for criticising our government,
+or any of the officers of our government, so long as
+he does not undertake to destroy our government, and I am
+sure that you would not think it right to permit any one
+to destroy the government controlled by ourselves which has
+brought to us so many blessings. Nearly every one agrees
+that if a person should use bombs or the torch in an effort
+to cause revolution and destroy our form of government, such
+a person should be punished; but there are a few who think
+that they should not be punished until they actually begin
+destruction. Of course we cannot agree with them. The
+man who goes out on the street corner and advocates the use
+of the bomb and the torch to destroy our government, who
+arouses passions willfully with the purpose of destroying the
+government, is doing just as much wrong as is done by the
+person who follows his advice and uses the bomb and the
+torch. In fact the man who advocates revolution and destruction,
+who preaches the use of the bomb and the
+torch, who plants the poison in the hearts of his fellowmen,
+and incites them to revolutionary action is more guilty of
+wrong than are those who, stirred by his appeals, carry out
+his wishes.
+</p>
+
+<span class="tei tei-pb" id="page079">[pg 079]</span><a name="Pg079" id="Pg079" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In punishing those who thus violate every principle of
+loyalty, patriotism, and right the constitutional provision is
+in no manner modified. The worst revolutionist has the freedom
+of speech and of the press guaranteed to him. The law
+which punishes him does so only because under the protection
+of the Constitution, he commits a crime against his country
+and against humanity.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+America has done more than any other nation in the
+world in the cause of educating the common people. It
+should exercise care that the people should be educated in the
+true spirit of America, that their minds should not be poisoned
+by the vicious teachings of those, not Americans at
+heart, who seek to poison souls and rob the people of their
+patriotism and of their loyalty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the olden days so tyrannical was the king that in many
+instances when the people complained of their burdens and
+sought rights and privileges they were punished for daring
+to seek relief. The king would usually give them what he
+thought they ought to have and would not listen to complaints.
+One of the rights which the people always hoped for
+was the privilege of assembling, meeting together, talking
+over their troubles, drawing up a petition, signing, and presenting
+it, praying <span class="tei tei-q">“a redress of grievance”</span>. When the representatives
+of the people met in the Constitutional Convention
+in Philadelphia they had before their minds the things
+that the people had suffered under old forms of government
+and it was their earnest effort to provide constitutional guaranties
+which would prevent the abuses to which the people
+were compelled to submit in the old world. Therefore one
+of the provisions of the Constitution of the United States is
+the following:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Congress shall make no law ... abridging ...
+the right of the people peaceably to assemble, and to petition
+the Government for a redress of grievances.</span></span>”</span><a id="noteref_57" name="noteref_57" href="#note_57"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">57</span></span></a>
+</p>
+
+<span class="tei tei-pb" id="page080">[pg 080]</span><a name="Pg080" id="Pg080" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Under this constitutional guaranty the people have the
+right to assemble peaceably at any time or place, to talk over
+their troubles, and to draw up a petition to the government
+seeking relief from unjust burdens. Where they assemble
+peaceably there is no officer of the government and no court
+that can interfere with them; and when they petition the
+government they cannot be reprimanded or punished in any
+way. Of course under our representative government where
+the people themselves select those who make the laws, the
+necessity for assembling and drawing up petitions is not so
+great. Yet in Congress and in the legislatures of the various
+States nearly every day petitions come in from some body
+of people urging the adoption of a certain law or objecting to
+a certain proposed law. If you were in Congress or in the
+legislature you would probably see some member arise and
+say, <span class="tei tei-q">“Mr. Speaker, I present the petition of the people of my
+district objecting to the passage of Bill No. 781, which I
+desire to have made part of the record”</span>, and the Speaker,
+who is the presiding officer, would respond in substance, <span class="tei tei-q">“the
+request of the gentleman will be granted and the petition
+will be made part of the record”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What I desire especially to impress upon you this morning
+is the value of this right and the failure of our people to
+take advantage of the privilege granted. This being a government
+by the people and the laws being made by their
+agents, these agents of the people, members of Congress and
+of the State legislatures, cannot carry out the will of the
+people unless they know what the people want. Ask your
+father when you go home whether or not he has ever written
+to the member of Congress from this district telling him
+about some law he would like to have passed or about some
+proposed law he would like to see defeated. The truth is that
+<span class="tei tei-pb" id="page081">[pg 081]</span><a name="Pg081" id="Pg081" class="tei tei-anchor"></a>
+there are large numbers of people in this city who do not
+even know the name of their congressman, or representative
+in the legislature of the State. They do not pay any attention
+to such things, yet when the legislature or Congress
+passes a law they are always ready to criticise and condemn,
+despite the fact that before it was passed they did not take
+interest enough to give an expression of their views to those
+who were trying to follow the wishes of the people. From
+time to time the people should assemble in every community
+to talk over government matters, their matters, the things
+that come most close to them in life. You will find men and
+women meeting every month in their lodges and clubs, discussing
+all sorts of things, music, art, and literature, but we
+find hardly any organized meetings for the discussion of the
+big things in life, our liberties, our rights, and our duties as
+citizens of this free republic. I hope to see the time when
+there will be community centers and regular assemblies, not
+for amusement but for serious discussion, serious thought,
+and earnest coöperation in the affairs of the city, State, and
+Nation. There is so much complaint in these days that it
+would be of great value at these assemblies to allow every
+person who has a grievance against the government or any
+branch of the government to present it for discussion. The
+rights and duties of each individual in government are of
+importance to every other person, and there should be frankness,
+honesty, and earnestness in every discussion of grievance
+and remedies, so that public sentiment may be developed.
+Government in a democracy is government by the
+sentiment of the people; and the sentiment of the people
+can only be created and manifested by talking over the
+things in which all people are interested—the problems of
+life, liberty, and happiness.
+</p>
+
+<span class="tei tei-pb" id="page084">[pg 084]</span><a name="Pg084" id="Pg084" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Which colonists came to America to avoid religious persecution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why do people fight and die for their religious beliefs?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. In what ways were people persecuted for their religious beliefs?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Where was the first statute granting absolute freedom of worship
+passed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Why is it a good thing to have freedom of speech?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Name some famous Americans who have been outspoken in saying
+what they thought.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. Can you publish in the paper a statement that Mr. X is a burglar?
+If so, can you be punished if your statement is not true? If so,
+how can you have freedom of speech?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. Is the Constitution of the United States in force in all the States
+of the Union?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. Are there other constitutions which the people of different States
+must observe?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. Why did the people want the right to assemble?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+11. Do you know of any countries where they do not allow it?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+12. Do you know of anyone who ever sent a petition to a State legislature?
+To Congress? What was it like?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+13. How many assemblies of people and petitions help to make our representatives
+do what we want them to do?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Name the places in the world, where to-day there is religious persecution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Describe the conditions in Armenia.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What are the real advantages of religions liberty?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Just how would it affect a person if freedom of speech were not
+allowed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. How may the right to freedom of speech be abused?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. During the recent war, men were punished for what they said under
+what is known as the Espionage Act. How can this be reconciled
+with freedom of speech?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. Discuss the method of organizing a community meeting.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. Discuss the method of preparing a petition.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I. Suppose the opinion of the meeting should be divided, what should
+be the procedure?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+J. Plan a method to make the people talk more about government.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+K. What are the dangers of a lack of interest in the affairs of government?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+L. How will a congressman represent the wishes of the people if he
+receives no petitions?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+M. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Story of the Pilgrims
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Roger Williams and the Providence Colony
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Lord Baltimore
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Thomas Jefferson and Religious Liberty
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Censorship of the Press and Freedom of Speech
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+What to do with an Anarchist Meeting
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Socialist Papers
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Importance of the Right of Petition
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Keeping In Touch with our Representatives
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Some Petitions I have Seen
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Things for Which We Should Petition the Legislature
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page085">[pg 085]</span><a name="Pg085" id="Pg085" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc23" id="toc23"></a>
+<a name="pdf24" id="pdf24"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">X. Military Provisions</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Rights Of Citizens To Bear Arms—Restrictions On
+Quartering Soldiers In Homes</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Again we find the framers of the Constitution looking back
+into the past at abuses imposed upon the people by kingly
+power. They inserted in the Constitution the following provision:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">A well regulated Militia, being necessary to the security
+of a free State, the right of the people to keep and bear Arms,
+shall not be infringed.</span></span>”</span><a id="noteref_58" name="noteref_58" href="#note_58"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">58</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+They were making a government of free States. They did
+not wish to see the National government become the master
+of the States nor the master of the people. They believed
+that the government should be the servant and not the master.
+They wanted to have the power in the hands of the people
+of the States to protect their rights if they ever should
+be invaded by force; and therefore they furnished to the people
+of all the States the guaranty that the States should have
+the right to have militia, that is, soldiers organized to maintain
+order and to defend the State, if necessary, against abuse
+of power; and they guaranteed to the people the right to
+bear arms lawfully.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If you read the history of the old world you will find many
+instances of soldiers entering the homes of the people to
+search for fire arms or other weapons, taking them away,
+possibly punishing those who had them. The people are
+guarded by our Constitution against any such conduct on the
+part of soldiers or representatives of the National government.
+Of course this right, like the right of free speech, may be
+abused and when abused punishment may be imposed. For
+<span class="tei tei-pb" id="page086">[pg 086]</span><a name="Pg086" id="Pg086" class="tei tei-anchor"></a>
+instance, it is dangerous to the good order of a community
+that persons should carry concealed weapons and therefore
+in every State there is some law concerning this. If a man
+should walk down the street here with a loaded revolver in
+his pocket he could be arrested and imprisoned, or fined, but
+in this State a man could walk down the street with a shot
+gun in his hands or any other weapon where it is exposed so
+people could see it. A law against carrying concealed weapons
+imposes no burden upon any law-abiding citizen. There
+are regulations, of course, permitting certain persons to carry
+weapons concealed, police officers, a sheriff, and other peace
+officers; and there is a law under which any person of good
+moral character may make application for authority to carry
+concealed weapons which will be granted under certain restrictions.
+Some States require a bond to be filed guaranteeing
+good conduct. Persons who have to carry large sums of
+money, express messengers upon the trains, post office employees
+who carry registered mail, and other persons may be
+granted the privilege of carrying concealed weapons. The
+laws regarding carrying concealed weapons differ from State
+to State, the punishment in some being a term in the penitentiary.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But in all this we find only regulation and careful provision
+to help maintain order and peace; and with it all we find
+the absolute right given by the Constitution to the people
+to maintain their State militia and to keep and bear arms
+within reasonable regulations which may be provided by the
+different States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then we find a strict guaranty of the Constitution against
+an abuse which was common in the old world. You know
+before America came into being the strength of a government
+was the power of a government. The people were
+ruled by force; they were kept in constant fear. When this
+Nation was organized it was the hope of the founders that
+<span class="tei tei-pb" id="page087">[pg 087]</span><a name="Pg087" id="Pg087" class="tei tei-anchor"></a>
+we could have laws so just that people would have love for
+their country and respect for its laws, so that we would not
+have to inspire fear in the hearts of the people in order to
+make them obey. Laws should be obeyed not because of fear,
+but because of respect, because of a sense of duty. Laws should
+be obeyed because we know that laws are necessary to protect
+our own liberties. We know that without law, liberty is
+impossible.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So that when the Constitution was framed, reflecting upon
+the abuses of the old world, the makers of the Constitution
+inserted this guaranty:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No Soldier shall, in time of peace, be quartered in any
+house, without the consent of the Owner, nor in time of war,
+but in a manner to be prescribed by law.</span></span>”</span><a id="noteref_59" name="noteref_59" href="#note_59"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">59</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the olden days the military power was supreme. The
+soldier was part of the military power. The ordinary citizen
+was compelled to submit to many of the wishes of the soldiers
+in times of peace as well as in times of war. In reading the
+history of the world you will find that soldiers exercised the
+right to enter the homes of the people and demand food and
+shelter. Of course the people, being in fear of the military
+power, would not think of refusing anything demanded; but
+the people of America, under our Constitution, are supreme.
+The soldier is subject to the people, not the people subject to
+the soldier. While we must respect those who are the defenders
+of our country, we must also respect our own rights
+and privileges. And every soldier, general or private, must
+also respect our rights and privileges. No soldier can enter
+any home, no matter how humble, without the consent of
+the owner, except in times of war. Even in times of war he
+cannot enter except under circumstances and conditions prescribed
+by law. The law being made by the people, they will
+be protected against abuse. Of course in times of war every
+one should be glad to give freely of what he has for the soldiers
+<span class="tei tei-pb" id="page088">[pg 088]</span><a name="Pg088" id="Pg088" class="tei tei-anchor"></a>
+of his country, but in times of peace in this country the
+soldier, under our Constitution, understands that the home
+is sacred and that he has no right there unless the owner invites
+him to enter.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I wonder if the people realize what these guaranties mean
+to them. I wonder if they understand how earnestly and
+how carefully those who framed the Constitution endeavored
+to protect the sacred rights of every man, woman, and child
+in this country.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Why did the Germans refuse to allow the Belgians to keep and
+bear arms?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why is this right important to us?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Ask some soldier who fought in France to tell you about how soldiers
+quartered in the village. Would you like to see this in
+America? Why not?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. What rights has a soldier in time of peace to demand admittance
+to a house, or to demand food?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. In time of war under what conditions may a soldier be quartered
+in any house?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Where is the whole power of government in America? Where is
+it in a kingdom or monarchy?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. Do you know the name of your congressman?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. When should a person be allowed to carry weapons?
+</p>
+
+<span class="tei tei-pb" id="page089">[pg 089]</span><a name="Pg089" id="Pg089" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What is the importance of the right of keeping and bearing arms?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. What is the status of the National Guard in your locality? What
+are its duties? What is its purpose?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What is the fundamental objection to the quartering of soldiers on
+a population in time of peace?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Right to Bear Arms
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Evils of Quartering of Soldiers
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Purpose of the National Guard
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+How the Soldiers Were Quartered in France
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page090">[pg 090]</span><a name="Pg090" id="Pg090" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc25" id="toc25"></a>
+<a name="pdf26" id="pdf26"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XI. Search Warrant And Indictment</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Home Protected Against Unlawful Search And
+Seizure—Grand Jury Indictment Required</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Following the provision that we last discussed that no soldier
+shall in time of peace be quartered in any house without
+the consent of the owner, nor in time of war except in a
+manner prescribed by law, we find the Constitution making
+a most positive provision guarding the sacredness of the
+home, the sacredness of the person, and the things belonging
+to each person. In the olden days the people had to submit
+to the most brutal conduct. A man might think some one
+had stolen his ring or his watch. Suspecting a neighbor, and
+being the stronger, or assembling his friends, or some officers,
+he might enter the neighbor's home, search all through the
+house among papers, in the desks, and in every trunk and
+other place where personal belongings were kept, might
+search the person himself, his pockets, and clothing.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course you can easily understand that the people
+who were thus abused would resent such actions. In England
+the people in early days had protested and had secured
+some guaranties from the king against these outrages, but
+the first absolute written guaranty of the full rights of the
+people was when the following provision was inserted in our
+Constitution:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The right of the people to be secure in their persons,
+houses, papers, and effects, against unreasonable searches and
+seizures, shall not be violated, and no Warrants shall issue,
+but upon probable cause, supported by Oath or affirmation,
+and particularly describing the place to be searched, and the
+persons or things to be seized.</span></span>”</span><a id="noteref_60" name="noteref_60" href="#note_60"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">60</span></span></a>
+</p>
+
+<span class="tei tei-pb" id="page091">[pg 091]</span><a name="Pg091" id="Pg091" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course it is apparent that so long as we have crimes
+committed the wrongdoer must be punished. Wrongdoers
+naturally try to conceal the evidence of their crimes: the
+murderer seeks to hide the revolver, the thief seeks to hide
+the money, the bonds, or the jewels. So it is necessary, in
+order to find criminals and to recover valuable things they
+may have taken, to have the privilege of searching persons
+or houses. But the thing which the Constitution guarantees
+is that no such search shall be made except upon warrants
+issued by some court, which are commands to a peace officer
+to seize a certain person (arrest him) or to search a certain
+house or other place for things which might aid in administering
+justice. No warrants shall be issued by any court
+until some one has appeared and filed a solemn statement
+under oath showing some reasonable grounds for believing
+that the search or seizure will disclose evidence of the
+offense. The place must be described. The things or the
+persons to be seized must be described. A warrant issued by
+any court, no matter how high, without such a sworn statement
+being presented, is void and in violation of the rights
+of every person under the Constitution. The courts are often
+called upon to enforce this right of the people. The home,
+especially under our Constitution, is recognized as sacred.
+<span class="tei tei-q">“Every man's house is his castle”</span> and wherever, without the
+proper warrant, search or seizure is made, the court will
+promptly punish the wrongdoer and if something has been
+seized or taken possession of wrongfully the court will order
+it returned. Even though valuable as evidence of guilt, the
+court will not permit it to be used, if it has been seized in
+violation of the guaranty of the Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No matter how humble the home, whether it be owned or
+rented, whether it have one room or a dozen, it stands exactly
+the same under this constitutional provision, and is guarded
+against <span class="tei tei-q">“unreasonable searches and seizures”</span>. No matter
+<span class="tei tei-pb" id="page092">[pg 092]</span><a name="Pg092" id="Pg092" class="tei tei-anchor"></a>
+how poor the owner, he can stand at his door and defy all
+the officers of State or government, yes, and all the soldiers
+of the republic, defy them to enter until the provisions of the
+Constitution of the United States shall have been complied
+with.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now, we come to guaranties of the right of the people to
+protection against any trial, except the same be conducted
+in accordance with the guaranties of the Constitution. These
+guaranties are for all persons, young or old, rich or poor. You
+know sometimes the innocent are charged with grave crimes.
+A crime is committed in the darkness of the night. The
+criminal has fled. The first duty of the officers of the government—the
+servants of the people—is to find the criminal so
+that he may be punished for his wrongdoing. This is not an
+easy task, and no matter how careful officers may be, mistakes
+are sometimes made and innocent persons are arrested and
+charged with the offense. Bring this home to yourself, because
+every one of these constitutional guaranties are for you,
+for each of you, for your father, mother, brothers, and sisters.
+Keep this in mind. Do not consider them as applying
+to somebody away off, some stranger in whom you have
+no interest. <em class="tei tei-emph"><span style="font-style: italic">They apply to you.</span></em>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now suppose that to-night a murder should be committed,
+and to-morrow your father should be arrested and charged
+with the crime of which he was entirely innocent. It will be
+very important to him that he should have a fair chance, a
+fair trial. His liberty would be at stake, and liberty under
+the Constitution is a sacred thing. Thinking of liberty his
+mind would naturally turn to the Constitution, and if he
+examined it, he would find the following guaranty:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No person shall be held to answer for a capital, or otherwise
+infamous crime, unless on a presentment or indictment
+of a Grand Jury, except in cases arising in the land or naval
+</span><span class="tei tei-pb" id="page093">[pg 093]</span><a name="Pg093" id="Pg093" class="tei tei-anchor"></a><span style="font-style: italic">
+forces, or in the Militia, when in actual service in time of
+War or public danger.</span></span>”</span><a id="noteref_61" name="noteref_61" href="#note_61"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">61</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now you do not understand this, do you? And yet it is
+very simple. When a man is arrested, he is brought before
+the court for trial. But how, and before whom shall he be
+tried?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Remember that in America the enforcement of law is in
+the hands of the people. Remember that this is a government
+by the people and that the chief purpose of government
+is to protect the liberties of the people. Here is your father's
+liberty at stake. If he should be convicted of having committed
+this murder, he might be hanged or sent to prison for
+life, so it is very important to him that the investigation into
+the charge against him shall be conducted in the right
+manner.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Under this constitutional guaranty which is also included
+in your State Constitution, there is no court and no judge in
+the United States big enough or powerful enough to call your
+father before the court for trial until he has been indicted
+by a grand jury. A grand jury, generally composed of twelve
+or more men selected from ordinary citizens, is brought together
+every term of court. They sit in a room by themselves
+and hear evidence as to the commission of offenses. They
+have no power to find a man guilty or not guilty. Their
+power and their duty is to decide whether the evidence
+brought before them is sufficient to justify putting the accused
+man on trial for the offense. They hear the witnesses
+for the State or government. The defendant is not brought
+before them personally, nor is he represented in any way.
+It is simply a secret investigation. If these men upon this
+investigation decide the evidence is not sufficient to warrant
+the trial of a man, he is discharged. He cannot be put on
+trial before the court. Before the court can proceed the grand
+jury must first say that the man shall be tried. The people
+<span class="tei tei-pb" id="page094">[pg 094]</span><a name="Pg094" id="Pg094" class="tei tei-anchor"></a>
+thus have in their hands the power of protecting the innocent,
+and the power of instituting proceedings against the
+guilty. The grand jury brings in its report by an <span class="tei tei-q">“indictment”</span>
+which is merely a written statement to the court that
+the grand jury believes the defendant should be put upon
+trial for a certain offense. When this indictment is brought
+in, the defendant is called before the court, the charge is read
+to him, and he is then required to say whether he is guilty
+or not guilty. If he says that he is not guilty, then preparation
+must be made for a trial in the court, before a petit
+jury, a trial jury, which we will consider later. The thing
+I want to impress upon you now is the care with which the
+framers of the Constitution guarded the right of your father
+to have an investigation by a body of citizens before he can
+be brought up for trial for this murder which has been committed.
+He cannot be dragged by officers before some court
+and forced to go hurriedly through a form of trial only to be
+found guilty. The proceedings must be deliberate and careful.
+The Constitution guards him against danger of conviction
+without substantial proof of his guilt.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There are a few minor offenses, sometimes called misdemeanors,
+and there are violations of city ordinances, in
+which an indictment is not necessary, but an indictment by
+a grand jury is necessary whenever the crime is infamous or
+capital; that is, generally speaking, when punishment would
+involve imprisonment in the penitentiary or the taking of
+life by hanging or otherwise. You will understand this
+better as we consider the trial before the petit jury.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You may think it is difficult to learn all about grand juries,
+the number of jurors, and the manner in which they are
+sworn to perform their duties. I do not blame you. But
+bear in mind I am not insisting that you shall learn all these
+details. Of course the more knowledge we have about these
+matters the better. But <em class="tei tei-emph"><span style="font-style: italic">the important thing</span></em> is that you shall
+<span class="tei tei-pb" id="page095">[pg 095]</span><a name="Pg095" id="Pg095" class="tei tei-anchor"></a>
+learn that away back more than one hundred and thirty
+years ago the people of America in framing the Constitution
+of our country, by written guaranties, made this a government
+by the people. Knowing that the most sacred thing
+on this earth is human liberty, they sought to guard it by
+providing every possible safeguard which would protect the
+innocent from unjust conviction. They trusted the people.
+While courts were provided, the power to accuse the humblest
+human being living under the American flag of a grave offense
+and bring him before a court for trial was reserved to
+the people themselves.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Grand juries are merely representatives or agents of the
+people. As they sit in court they are exercising some of the
+highest and most important duties exercised by men. Grand
+jurors and petit jurors hold in their hands the liberty of their
+fellowmen.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is these great truths I wish to impress upon you. I want
+you to have the knowledge, but more than this, I want you
+to have the spirit, the spirit of confidence in your government,
+and the spirit of gratitude that you live in America
+where the people rule, where the people not only make the
+law, but enforce it.
+</p>
+
+<span class="tei tei-pb" id="page096">[pg 096]</span><a name="Pg096" id="Pg096" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. In the olden days how could a strong man abuse one suspected of
+stealing?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What would he be compelled to do to-day?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Why are the guaranties regarding trials important to you?
+</p>
+
+<span class="tei tei-pb" id="page097">[pg 097]</span><a name="Pg097" id="Pg097" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Who may accuse or charge a person with a crime?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Is a person charged with a crime necessarily guilty?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. What is a grand jury? What is its purpose?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. How are members of a grand jury servants of the people?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. Is a search warrant valid if no sworn statement has been filed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. What are the rights of the owner, if a search is made without
+proper warrant or papers?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. State the guaranty of the Constitution with reference to indictment
+by a grand jury.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+11. Is the session of a grand jury secret or public?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+12. Is the defendant present before the grand jury during the investigation?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+13. What is meant by <span class="tei tei-q">“indictment”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+14. What is done when the grand jury returns an indictment?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+15. What offenses may be prosecuted without an indictment?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Discuss the procedure of securing a search warrant?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. If we had no guaranty of security of property rights what effect
+would this have with reference to working, earning, and saving?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. How is the fact that we have a grand jury an evidence of the care
+with which our government guards our rights?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. What is a heinous crime?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Write a paper on:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Early Abuses of Power in Search and Seizure
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Some Interesting Violations of this Right
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Grand Jury as an Evidence That the People Rule
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+An Account of the Work of One Grand Jury
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page098">[pg 098]</span><a name="Pg098" id="Pg098" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc27" id="toc27"></a>
+<a name="pdf28" id="pdf28"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XII. Rights Of Accused</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Acquittal By Jury Final—Accused Not Compelled
+To Be A Witness</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now keeping in mind that this is a personal matter with
+each one of us, that we are talking about our own rights,
+that some day our liberties may be in danger, let us take up
+the next guaranty of the Constitution: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">nor shall any person
+be subject for the same offence to be twice put in jeopardy
+of life or limb</span></span>”</span>.<a id="noteref_62" name="noteref_62" href="#note_62"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">62</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I am sure you do not know what that means. I am sure
+there is not one of you who ever dreamed that such a thing
+might happen to you as to be <span class="tei tei-q">“twice put in jeopardy of life
+or limb”</span>. This is very important and likewise very simple.
+In the olden days, in the old world, many a man was tried
+for a crime in court and found not guilty, and then later
+was arrested and put on trial again and found guilty. Suppose
+your father, as I said the other day, should be arrested,
+although he were innocent. Suppose he were indicted by
+this grand jury and brought on for trial. He would be compelled
+to hire a lawyer, if he were able to, and get ready for
+trial. The trial would come on, and days or possibly weeks
+might be spent in examining witnesses. Finally the case
+would close and the jury would bring in a verdict of <span class="tei tei-q">“not
+guilty”</span>. It would be an expensive proceeding. Perhaps it
+would take all the money he had saved. It would not only
+be expensive but it would be a hard strain upon him, your
+mother, the other children, and yourself. It is a very serious
+matter for an innocent man to be tried for murder. Still
+the verdict of <span class="tei tei-q">“not guilty”</span> comes in and you are all full of joy
+to realize that his life and liberty have been saved. Now suppose
+<span class="tei tei-pb" id="page099">[pg 099]</span><a name="Pg099" id="Pg099" class="tei tei-anchor"></a>
+it were possible that within a couple of weeks afterwards
+he could again be arrested, indicted, put on trial. All of the
+family would again be subjected to worry and sorrow. You
+do not think it would be just, do you? It would not be right.
+Of course it wouldn't be right, but men in the olden days
+have been compelled to submit to such injustices. So when
+the Constitution was adopted this guaranty which I just read
+was put in there, so that for any offense against the United
+States no man can be tried again after acquittal. Once a jury
+of his fellowmen, his neighbors, brings in a verdict of <span class="tei tei-q">“not
+guilty”</span> that ends forever any prosecution for the same offense.
+He is free and there is no power in the United States nor any
+of its officers to call him again for trial for that offense. Most
+of the States have a like constitutional guaranty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then there is another important guaranty: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">nor shall (he)
+be compelled in any criminal case to be a witness against
+himself</span></span>”</span>.<a id="noteref_63" name="noteref_63" href="#note_63"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">63</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I wonder if you have ever heard of the days when men
+were tortured to make them confess. I wonder if you ever
+heard of the rack where men were stretched, almost torn
+limb from limb, or of the days when men were hung up by
+their thumbs, in order to compel them to admit their guilt
+of some crime. Have you read of the burning of the soles
+of men's feet? Or the application of red hot irons to other
+parts of the body in order to extort a confession? Well those
+were common things in some of the countries in the days before
+America was born. Men would be arrested, charged
+with an offense, and then an effort would be made to torture
+them into confessing to the crime. And often where no
+such brutal torture was employed, men were brought into
+court, put on the stand, threatened, examined, and cross examined
+by lawyers to try to gain admissions which might
+help to prove their guilt. Of course this was all wrong. It
+was brutal. It was a violation of human right. When the
+<span class="tei tei-pb" id="page100">[pg 100]</span><a name="Pg100" id="Pg100" class="tei tei-anchor"></a>
+Constitution of the United States was framed this great abuse
+of human privilege was absolutely barred by the provision,
+that no one can <span class="tei tei-q">“be compelled in any criminal case to be a
+witness against himself”</span>. In this country, when a man is
+brought into court charged with a crime, it is the duty of
+the government to prove his guilt. This proof must be by
+the sworn testimony of witnesses of certain facts or circumstances,
+aside from any statement or admission by the defendant.
+He cannot be compelled to be a witness at all. If
+he so wishes, however, he may be a witness for himself. This
+privilege was denied him under the English practice for generations,
+and even in this country in many of the States until
+a comparatively recent time; but never since the Constitution
+was adopted could any person charged with a crime
+against the United States be compelled to testify to any fact
+or circumstance in relation to the crime. Not only can he
+sit in the court room and listen to the stories told against him,
+but he is guaranteed this right by protection against any
+threats or inducements outside of court and before the trial
+which would lead him to say anything against his innocence.
+Every judge in criminal courts has been compelled at times
+to refuse to admit in evidence before the jury certain statements
+or alleged confessions. You may see in the paper
+where some man has been arrested for breaking into a bank
+or committing some other offense, and it may be further
+stated that the defendant has confessed that he broke into
+the bank. Naturally you then say to yourself that he will
+be found guilty. Well this constitutional guaranty not only
+protects him in court but protects him out of court. He
+cannot be compelled to give answers after his arrest while he
+is in jail, or even if he is at liberty under bond, which can
+be used against him upon the trial. Of course a person
+charged with a crime may waive this constitutional guaranty.
+He may voluntarily say that he wants to tell his story, and
+<span class="tei tei-pb" id="page101">[pg 101]</span><a name="Pg101" id="Pg101" class="tei tei-anchor"></a>
+if he does so without any inducement, promises, or threats
+it may be admitted against him when the trial comes. Otherwise
+not. To be admitted, it must appear to be absolutely
+voluntary and of his own free will. If it appears that the
+confession has been induced by promises of lighter sentence
+or <span class="tei tei-q">“that it will be easier for him”</span>, or if any other inducement
+is used to get him to consent to make his statement,
+such statement cannot be used in evidence because of his
+constitutional guaranty. Many times I have seen the court
+refuse to admit proof of an alleged confession of a defendant,
+and I could see that the jury trying the case and the people
+sitting in the court room were surprised that the judge would
+not admit such proof even when the confession was signed by
+the defendant; but the jury and the people did not happen to
+think of this constitutional provision. Perhaps they had never
+heard of it. Every judge is sworn to uphold and defend the
+Constitution. No judge can permit any provision of the
+Constitution to be violated if he can help it. A man is on
+trial before him. A written confession is offered in evidence
+to help convict him. The defendant's attorneys claim that
+the confession was not voluntary but was induced by threats
+or promises. The court then makes inquiry and hears the
+witnesses upon this question, and if the court finds that the
+confession was not the voluntary act of the defendant, the
+same will be excluded because the Constitution provides that
+no man <span class="tei tei-q">“shall be compelled in any criminal case to be a
+witness against himself”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Let us turn again to the false accusation against your father.
+He is charged with murder. He is on trial before a jury.
+The attorney for the government pulls a paper out of his
+pocket and offers it in evidence. It appears to be signed by
+your father. Your father's attorney objects to having it considered
+by the jury for the reason that the policemen took
+your father into a cell in the jail, and threatened that they
+<span class="tei tei-pb" id="page102">[pg 102]</span><a name="Pg102" id="Pg102" class="tei tei-anchor"></a>
+would beat him with their clubs unless he would sign a paper
+telling how he committed the offense, and that in terror he
+signed the paper. At this point, the court would hear the
+statements of your father, and other evidence, and if it appeared
+that there were any threats of any kind used to get
+your father to sign the paper, it would not be admitted in
+evidence at all. Your father would only claim his constitutional
+rights as an American, and they would not be denied
+to him.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There are notable instances in which confessions were
+made and signed by innocent parties, who were discouraged
+because the facts seemed to be all against them, who felt that
+they were certain to be convicted, and that their punishment
+would be lighter if they would make a confession. Under
+this impression they made and signed a confession. It was
+afterward found that the confession was false and that they
+were innocent of the crime. This constitutional guaranty
+protects against any injustice of this kind.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+These careful efforts of the makers of the Constitution to
+guard the liberties of the most humble persons must impress
+us with the earnestness of their efforts to make this a free
+country, where no one shall be deprived of his life or liberty
+except where proven guilty, after a most carefully guarded
+trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Isn't it fine to live in a country where the people have a
+Constitution written in such simple language that even the
+little children can read it? I want every one, even the smallest
+child, to understand that every line of the Constitution
+was written to guard and protect each one of us, young
+and old, against injustice and wrong. These safeguards cannot
+be taken away except by the people themselves. The
+President cannot change the Constitution. Congress cannot
+change it. Judges cannot change it. No one but the men and
+women of America can alter it in the least.
+</p>
+
+<span class="tei tei-pb" id="page103">[pg 103]</span><a name="Pg103" id="Pg103" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Show how being put on trial again and again for the same offense
+would be an injustice.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why is it right to have the verdict of <span class="tei tei-q">“not guilty”</span> final?
+</p>
+
+<span class="tei tei-pb" id="page104">[pg 104]</span><a name="Pg104" id="Pg104" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. What would be the result if it were not final?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Why is this of <em class="tei tei-emph"><span style="font-style: italic">particular</span></em> advantage to the poor man?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Why should no man be compelled to be a witness against himself?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Why do they allow a man to be a witness if he so desires?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. What is the importance of the guaranty protecting the defendant
+from being examined as a witness?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. When a person is indicted for an offense, what is the duty of the
+government with reference to proof of guilt?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. How is guilt proven in court?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. When may a confession made outside of court be introduced as
+evidence?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+11. Why would anyone accused of a crime confess guilt, when in fact
+he might not be guilty at all?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+12. Can the President or Congress or a judge change any of the provisions
+of the Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Discuss the democracy of the provision that the verdict of <span class="tei tei-q">“not
+guilty”</span> is final while that of <span class="tei tei-q">“guilty”</span> may not of necessity be final?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Why are confessions wrung from frightened or tortured men likely
+to be untrustworthy?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Why should the <span class="tei tei-q">“Third Degree”</span> methods be prohibited?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Third Degree
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Early Cases of Torturing Accused Persons
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Burdens, Disadvantages, and Injustice of Permitting a Retrial
+After A Verdict of </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Not Guilty</span><span style="font-size: 90%">”</span></span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Methods Sometimes Used to Secure a Confession of Guilt
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page105">[pg 105]</span><a name="Pg105" id="Pg105" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc29" id="toc29"></a>
+<a name="pdf30" id="pdf30"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XIII. Life, Liberty, And Property</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Rights Protected By Due Process Of Law—Property
+Taken For Public Use</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The three great things which every man, woman, and
+child cherishes are life, liberty, and property. We see in
+every one of these guaranties how careful the people who
+made the Constitution were to see that these valuable things
+were sacredly guarded.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is stated in the Constitution that:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No person shall ... be deprived of life, liberty, or
+property, without due process of law.</span></span>”</span><a id="noteref_64" name="noteref_64" href="#note_64"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">64</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You can understand how important this is if you will
+realize how in the olden days people were so brutally treated
+by their fellowmen, especially by those in power who happened
+to represent the government. Have you ever read the
+story of the Bastile, a prison in which hundreds of French
+people were thrown without a trial, in which many were murdered
+and many kept in dark cells chained to the floor for
+years? Have you ever read the story of the Tower in London,
+where men were imprisoned and murdered without a
+trial by any court and without an investigation by any one,
+often without the knowledge of their closest friends? Have
+you ever read about how the property of people was taken
+away from them without trial or investigation to be turned
+over to the king or to some of his friends? Until you have
+read something of the past, and realize how people suffered,
+how they lost their lives, their liberty, and their property,
+you will never realize the wisdom of those who framed our
+Constitution, nor the affection which they had for the people
+<span class="tei tei-pb" id="page106">[pg 106]</span><a name="Pg106" id="Pg106" class="tei tei-anchor"></a>
+of America in protecting them against such horrible treatment.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No person's property can be taken, no person's life can
+be taken, no person's liberty can be taken under our
+Constitution without due process of law. We do not need to
+discuss the meaning of <span class="tei tei-q">“due process of law”</span>. You will
+learn more about this later, as you study more fully the
+details of the Constitution. It is sufficient now to say that
+no person's life, liberty, or property can be taken away from
+him without his consent, except by a trial before a legal
+court, in which the person shall have the right to a fair hearing.
+He must have notice of the charge or claim made
+against him. He must have a chance to appear in person.
+He must have the right to employ attorneys to represent him.
+He must have the privilege of bringing in witnesses to tell
+the truth about the charges that may be made. There must
+be a decision by the court after a speedy public trial. In all
+the States of this country any one is entitled to such a trial,
+and he is also, in case of defeat, entitled to appeal and present
+his case to a different and a higher court. These courts
+are the courts of the people, selected by the people, and
+neither government nor individuals have any right to take
+away anyone's life, liberty, or property unless the people by
+and through their courts shall so find and do.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then we find the following constitutional provision: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">nor
+shall private property be taken for public use, without just
+compensation</span></span>.”</span><a id="noteref_65" name="noteref_65" href="#note_65"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">65</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course the government at times must have property
+which may belong to a private person. The public must at
+times take property belonging to an individual. Property
+may be taken, even when the owner will not consent to it,
+when it is taken for public use. One man's property cannot
+be taken by the government and given to another person.
+Government buildings must be erected and land must be obtained
+<span class="tei tei-pb" id="page107">[pg 107]</span><a name="Pg107" id="Pg107" class="tei tei-anchor"></a>
+for such purposes. The public must have railroads,
+and a railroad can only be built when land is obtained for
+what is called the right of way. Sometimes a railroad must
+run through lots or farms belonging to private owners.
+The higher right of the public to these conveniences, these
+necessities, requires that when necessary the private individual
+must give up his right of ownership to these higher
+public uses. But even for the Nation, or the State, or railway,
+or for any other public use, not one foot of land may
+be taken from the poorest man in the country unless he is
+first fully paid its value therefor. Usually, of course, the
+owner will sell his property for such purpose at a fair price,
+but, if he is stubborn and will not do so, or if a fair price
+cannot be agreed upon then the government of the State or
+of the Nation, or the agents of the State or of the Nation
+may take such property by first having its value fixed by a
+commission, or a jury, composed of the neighbors of the
+owner. Where the amount fixed by such commission or jury
+is not satisfactory to the owner of the property, he may appeal
+to the court and have a trial, usually a jury trial, in
+which he can bring his witnesses and prove the value of his
+property, so that he will finally receive its full, fair, just
+value.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+By this constitutional guaranty every person is well guarded
+in his ownership and possession of property. In countries
+existing before America not much attention was paid to the
+rights of property owners. If the king or emperor should
+demand possession of a certain piece of property the owner
+had little to say about it. He received his orders and obeyed
+them, because he was afraid of the power of the government.
+The government could pay or not as it pleased. But this
+period of wrong and injustice was ended, so far as the people
+of America were concerned, when the Constitution became
+the final power in this land.
+</p>
+
+<span class="tei tei-pb" id="page108">[pg 108]</span><a name="Pg108" id="Pg108" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There are a few people in this country who seek to have
+private ownership of property abolished. No law taking
+away the right to own property can ever come into force
+in this country until the people by their votes change the
+Constitution. The Constitution stands guard over the farms,
+the homes, the money, and all forms of personal property. It
+guards the cottage of the widow with the same jealous care
+that it does the ten-story building of the bank. No person
+and no power can interfere with the right to accumulate
+property and to hold it, provided only it is honestly obtained.
+</p>
+
+<span class="tei tei-pb" id="page109">[pg 109]</span><a name="Pg109" id="Pg109" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. What are the three things that every man, woman, and child
+cherishes?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What does the Constitution say about these three things?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. What was the Bastile? The Tower of London?
+</p>
+
+<span class="tei tei-pb" id="page110">[pg 110]</span><a name="Pg110" id="Pg110" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Show how injustice was worked by confining people without due
+process of law.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. What are some of the essentials of <span class="tei tei-q">“due process of law”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. When can private property be taken by the government?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. When the State wishes a piece of land, end the owner will not
+sell for a fair price, how is the matter adjusted?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. What right for reconsideration has a person against whom a judgment
+has been rendered in a trial court?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. How can the reasonable value of property be established or proven?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. Suppose the President of the United States wished a certain piece
+of property upon which to build a summer home. Could the President
+secure the land? Give reasons.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What are some of the steps necessary to due process of law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. What would be the effect on people if life, liberty, or property could
+be taken without due process?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Discuss the process of condemning property.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Evils of the Bastile and the Tower of London
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Why Military Courts Do Not Always Follow This Law
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Different Purposes For Which Property May Be Taken For
+Public Use
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Why Ownership of Property Should Be Protected
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page111">[pg 111]</span><a name="Pg111" id="Pg111" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc31" id="toc31"></a>
+<a name="pdf32" id="pdf32"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XIV. Criminal Trials</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Accused Guaranteed A Speedy Public Trial By An
+Impartial Jury Of The Local District</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I hope no one here this morning will ever be arrested for
+a crime of any kind, and yet, as I have already explained to
+you, the innocent are sometimes brought before the court
+charged with a grave offense. Therefore you should be interested
+in the investigation of the truth of any charge that
+may be made against you, whether by a private individual
+or by a public officer.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I have already explained to you that in all grave offenses
+when a person is charged with a crime, he cannot be brought
+before the court for trial until the grand jury has investigated
+the facts and until they have returned an indictment,
+or written charge, to the court. Until this is done, the court
+has no power to proceed.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But now suppose that you have been arrested, suppose that
+a grand jury has investigated the charge against you, has
+heard witnesses, and has returned an indictment. You are
+then brought up before the court, and the indictment is
+read to you. This indictment I will explain to you more
+fully later. When the indictment is read you are then
+required to say whether you are <span class="tei tei-q">“guilty”</span> or <span class="tei tei-q">“not guilty”</span>.
+If you have committed the crime charged, it may be advisable
+to plead guilty and ask for the mercy of the court in
+the punishment which he may impose. Courts usually temper
+justice with mercy. Courts will usually impose a lighter
+sentence when a guilty person pleads <span class="tei tei-q">“guilty”</span> and avoids the
+delay and expense of a trial. But, if you are innocent, you
+will plead <span class="tei tei-q">“not guilty”</span>, and then the government, through
+<span class="tei tei-pb" id="page112">[pg 112]</span><a name="Pg112" id="Pg112" class="tei tei-anchor"></a>
+its officers, will get ready for trial. You may not be tried
+right away, as it usually takes some time to investigate the
+facts and get the witnesses into court. As I will hereafter
+explain, you will be entitled to an attorney when the time
+comes for your trial, when you will have a chance to hear
+the witnesses offered by the prosecution, introduce your own
+witnesses, and, under our present law, testify yourself, tell
+your own story.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If you will walk into a court some day you will see the
+judge and over at one side twelve chairs for the jury. When
+your case is called for trial the first thing will be to select
+the twelve men who will be the jury in your case. I am not
+going to give the manner of selection at this time. This will
+be fully explained later. I wish now to impress upon you
+the fact that the Constitution expressly guards your rights
+by providing that you shall be entitled to have your case
+tried, not before a judge, but by a jury composed of men
+from the ordinary walks of life, laborers, merchants, farmers,
+people of all classes; men just like your fathers are.
+They are called. They hold up their right hands and take
+an oath to try your case fairly and justly and to make a
+finding according to the evidence which is brought before
+them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution provides:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall enjoy the
+right to a speedy and public trial, by an impartial jury of
+the State and the district wherein the crime shall have been
+committed, which district shall have been previously ascertained
+by law.</span></span>”</span><a id="noteref_66" name="noteref_66" href="#note_66"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">66</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">This is an absolute guaranty</span></em>—a right which is given to
+you, given to each of you, to every man, woman, and child,
+young or old, regardless of color or creed. A trial without a
+jury would be a violation of your constitutional rights. Of
+course, there are a few minor offenses, misdemeanors, and violations
+<span class="tei tei-pb" id="page113">[pg 113]</span><a name="Pg113" id="Pg113" class="tei tei-anchor"></a>
+of city ordinances, which are sometimes tried without
+a jury, but in all infamous crimes, for which life may be
+taken as punishment or for which a person may be sent to the
+penitentiary, every one is entitled to a trial before a jury.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Is not this a sacred right? Don't you think that it is wise
+to permit people to have their rights and wrongs determined
+by a body of plain, honest men? It removes any suggestion
+of the abuse of power by a person in a public position. It
+inspires confidence in those who are brought before the court
+for trial. If we cannot obtain justice before such a body of
+men, how can justice be obtained in this world?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I have already told you that in this country the people
+are not only the makers of the law but the enforcers of the
+law. It is in these jury trials where the people enforce the
+law.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course, the hearing before the jury is held in court.
+The judge presides. He directs the proceedings of the trial,
+sees that it is conducted in an orderly way, endeavors to
+prevent any falsehoods from getting before the jury, keeps
+away from the jury any hearsay or gossip, or expressions of
+prejudice, or other matters not founded on absolute knowledge
+and truth. But the jurors are the sole judges of what
+the truth is, and, when the case is closed, when the evidence
+has all been introduced and the attorneys have made their
+arguments and pleas, the members of the jury retire to a
+private room by themselves. There they discuss the evidence,
+come to some conclusion, make a finding of <span class="tei tei-q">“guilty”</span>
+or <span class="tei tei-q">“not guilty”</span>, and bring in their finding in the form of a
+verdict.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Have you also observed that the constitutional protection
+of your liberty not only provides for a jury trial, but also
+provides that it shall be a <span class="tei tei-q">“speedy”</span> trial. That is, one
+charged with a crime cannot without his consent, be locked
+up for weeks and months and years, as has often occurred in
+<span class="tei tei-pb" id="page114">[pg 114]</span><a name="Pg114" id="Pg114" class="tei tei-anchor"></a>
+other parts of the world. He is entitled to be tried just as
+soon as the case can be prepared for trial, in justice to both
+sides. Cases are often postponed for many months, but
+only by consent of the accused. A case not tried at the second
+term of court will usually be dismissed except when the
+defendant consents to the delay.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution also provides that it must be a public
+trial. Oh! how many men in the long ago have been tried
+and condemned in private, where only a few enemies were
+present, where one's friends and neighbors could not hear
+the charges or the evidence. In this country the doors of
+the court room must be open. Any one has a right to enter
+and listen to the proceedings. The public has a right to
+know what is being charged against the humblest citizen, and
+what the proceedings against him are. Thus is justice
+guarded.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then the Constitution provides that the trial shall be
+before <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">an impartial jury of the State and district wherein
+the crime shall have been committed</span></span>.”</span> This is important.
+We are not to be sent away among strangers to be tried.
+That is what they used to do long ago. That is one of the
+things which our forefathers complained of most bitterly. In
+the Declaration of Independence the colonies declared:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“He (the King of Great Britain) has combined with
+others to subject us to a jurisdiction foreign to our constitution,
+and unacknowledged by our laws; giving his Assent
+to their acts of pretended legislation ... for depriving
+us in many cases, of the benefits of Trial by Jury ...
+for transporting us beyond Seas to be tried for pretended
+offenses.”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When the Constitution was adopted the people made up
+their minds that nothing of that kind should ever occur
+again in free America. They were so careful that they went
+so far as to provide that the district where a trial shall be
+<span class="tei tei-pb" id="page115">[pg 115]</span><a name="Pg115" id="Pg115" class="tei tei-anchor"></a>
+held <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">shall have been previously ascertained by law</span></span>”</span>. That
+is to say, that the place of trial, the county or district where
+it shall be held, must be fixed by law before the crime is committed.
+The courts or the legislature of any State cannot,
+after a crime is committed, pass a law providing that such a
+crime shall be tried in a district then to be named. The law
+must fix this in advance of the commission of any offense.
+For instance, without such a constitutional provision, a person
+who committed a crime in the State of New York might
+be taken to California to be tried. This would not be American
+justice. The accused would have the right to point to
+the Constitution of his country and demand that he should
+be tried in New York, and any court which would not grant
+this right would not only violate the oath which every judge
+takes before he undertakes to perform the duties of such
+office, but his unlawful conduct would perhaps result in his
+impeachment. The proceedings would be reversed by a
+higher court, and the party would be granted a new trial at
+a place and in accordance with his constitutional privileges.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Isn't it wonderful how the little details which may affect
+one's liberty were so carefully considered away back there
+when they were planning the Nation and establishing the
+rules which would guard the rights of the people?
+</p>
+
+<span class="tei tei-pb" id="page116">[pg 116]</span><a name="Pg116" id="Pg116" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Why should all of us be interested in a trial?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Describe a court room scene.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Why is trial by jury a sacred right? What would it be like if
+we did not have this right?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. How are jurors selected in your State?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Why is the trial to be held in the vicinity where the crime was
+committed? What would be the dangers of taking it far away?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Why should the jury be impartial?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. If the accused person is guilty, why is it advisable to plead guilty?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. Why is it impracticable to hold a trial immediately after the arrest
+of the accused person?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. What is the first step in the actual trial?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. After a jury is selected, what is required of them before the trial
+commences?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+11. Why is a speedy trial essential to justice?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+12. Why is it important that the trial should be public?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+13. State some offenses that are sometimes tried without a jury.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Can the judge declare an accused man guilty?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. How is trial by jury an evidence of the rule of the people?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Show how this benefits the poor man and the rich man equally.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Why are some trials delayed for many months?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. What is the importance of the clause <span class="tei tei-q">“shall have been previously
+ascertained by law”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. Discuss the relative role of jury and judge in a trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Method of Selecting Jurors in Your State
+</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Delay in Trial
+</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Injustice of Remote Trials
+</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Trial by Jury vs. Trial by a Judge
+</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Procedure of a Trial From Beginning to End
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page117">[pg 117]</span><a name="Pg117" id="Pg117" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc33" id="toc33"></a>
+<a name="pdf34" id="pdf34"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XV. The Indictment</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Defendant Must Be Informed Concerning The
+Accusation Against Him</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now, my friends, in order to understand more fully the
+value of our constitutional rights, let us again imagine ourselves
+in a place of danger, danger of our liberty or of our
+life, and let us recall how carefully we have been guarded.
+To the poorest tramp, or the richest millionaire, the same
+rules apply. Innocent persons may be accused of crimes; they
+may be arrested, but they cannot be brought into court and
+put upon trial until they are fully advised of the charge
+against them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution provides:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall ...
+be informed of the nature and cause of the accusation.</span></span>”</span><a id="noteref_67" name="noteref_67" href="#note_67"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">67</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This is the first step in bringing a person to trial. He
+does not go blindly. He must be informed <span class="tei tei-q">“of the nature
+and cause”</span> of the charge against him. He must be given full
+knowledge of the crime which it is claimed he committed.
+<span class="tei tei-hi"><span style="font-style: italic">How is this done?</span></span> Well, we have to consider the constitutional
+provision that one cannot be put upon trial for an
+infamous crime <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">unless on a presentment or indictment of a
+Grand Jury</span></span>”</span>. What this constitutional provision means is,
+that a grand jury shall hear and consider the evidence and,
+if satisfied that a person shall be tried, they shall draw up a
+writing called an <span class="tei tei-q">“indictment”</span>, which they shall return publicly
+in court. This indictment is a brief statement by which
+the grand jury makes a charge against the person named of
+having committed a certain offense, and the indictment must
+state not only the name of the offense, but the manner,
+<span class="tei tei-pb" id="page118">[pg 118]</span><a name="Pg118" id="Pg118" class="tei tei-anchor"></a>
+briefly stated, in which the grand jury claims the offense was
+committed.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So that under this constitutional guaranty the person accused
+knows what he is to be tried for. This enables him to
+prepare for his defense. When his attorney is consulted he
+examines a copy of the indictment. He sees what is charged
+in it. He then talks over with the accused the facts and
+circumstances with relation to the crime charged. He then
+makes proper inquiry. If possible he secures witnesses with
+relation to the charge and thus is enabled to come into court
+ready to hear the evidence offered by the prosecution and
+ready to introduce witnesses to contradict or explain the
+testimony introduced by the prosecution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So you see how valuable this right is. One may proceed
+intelligently, with full light upon the alleged transaction.
+He is not required to stumble in the darkness, perhaps to
+tumble into a pitfall. Without such a provision you can see
+how helpless an innocent person might be if brought suddenly
+before the court for trial for an offense which he never
+committed. If he were not first advised of the nature of
+the charge and the circumstances he might be helpless. You
+know evidence is brought before the court by witnesses who
+are called by the attorneys for the prosecution and for the
+accused. These witnesses take oath to tell the truth. But,
+unfortunately, witnesses do not always tell the truth. They
+sometimes commit perjury. One must be ready to meet
+false testimony. By the constitutional guaranty requiring
+that the accusation be in writing, stating the crime and its
+nature, one can be prepared. In many of the States still
+greater precaution is taken to guard against any possible
+wrong, by requiring not only an indictment but also requiring
+that there shall be furnished to the person accused the
+names of witnesses and a brief statement of the evidence
+which the prosecution expects to offer, this to be furnished
+<span class="tei tei-pb" id="page119">[pg 119]</span><a name="Pg119" id="Pg119" class="tei tei-anchor"></a>
+before the trial commences so that the defendant may get
+ready to meet it.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Did you ever go into a court when a man was upon trial
+for a grave offense? You should do so. Everyone should do
+so. But you should go there with the proper spirit, not for
+amusement, not to criticise, but with a full realization of the
+great human drama there being enacted. There at or near
+the trial table you will see the defendant, the man who is
+being tried. He may be a stranger. He may be poor. He
+may possibly be wicked, but he is a human being; and no
+matter what faults he may have he is an American citizen,
+and under the Constitution of our country he cannot be convicted
+until proven guilty of the particular crime charged in
+the indictment. He sits there while witnesses are telling their
+stories. You will see him watching the jury. Occasionally
+he looks at the judge. But he knows that no matter what
+the judge may think, he cannot find him guilty. The jury
+and the jury alone can convict.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is a solemn proceeding, though the lawyers may at
+times appear to use trifling words in their discussions. The
+prisoner looks through the court room window. Outside the
+sun is shining, the birds are singing, and the breezes sway
+the branches of the green trees. Everything seems to suggest
+liberty and freedom. At no time is liberty so sweet as when
+it is in danger. The prisoner realizes that in a few days the
+trial will be ended and the verdict of the jury will determine
+whether he shall go out of the court room to freedom or to
+prison.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To-day it is the stranger who is on trial. To-morrow it
+may be someone who is near and dear to you. If such misfortune
+should come, then you will fully realize what a
+wonderful blessing it is that under our Constitution everyone
+is assured of a fair trial, that a person can only be tried for
+the specific offense stated in the indictment, and that a verdict
+<span class="tei tei-pb" id="page120">[pg 120]</span><a name="Pg120" id="Pg120" class="tei tei-anchor"></a>
+of guilty can only be rendered when the evidence is strong
+enough to convince the jury of guilt beyond a reasonable
+doubt.
+</p>
+
+<span class="tei tei-pb" id="page121">[pg 121]</span><a name="Pg121" id="Pg121" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Restate the guaranties that every man has before being brought
+to trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why should the accused be informed of the nature of the accusation?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. What would be the result if he were not so informed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Why is it necessary that this accusation be put in writing?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Why is this important to everybody?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Illustrate the dangers of secret charges.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. What chance has a person with malicious and secret gossip?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Upon a trial can evidence of hearsay or gossip be offered to prove
+guilt?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. When a person makes a charge against a person and says, <span class="tei tei-q">“Don't
+tell anyone that I said this”</span>, what is the effect?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Tell some of the dangers and injustices of slander.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. What is the first step in bringing an accused person to trial?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. Is it sufficient to charge the defendant with having committed murder
+without any further explanation? Give reasons.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. What is required of a witness before he is examined?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I. What is perjury?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+J. Why is a trial a solemn proceeding?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+K. How strong must the evidence be in order that a person may be
+found guilty?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+L. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Need of a Public and Written Charge</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Danger of the Secret Slander</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How An Accused Person Prepares For His Trial</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">A Visit to a Court in Session</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page122">[pg 122]</span><a name="Pg122" id="Pg122" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc35" id="toc35"></a>
+<a name="pdf36" id="pdf36"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XVI. Guarding Rights In Court</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Confronted By Witnesses—Compulsory Process—Aid
+Of Counsel—Jury In Civil Trial</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I am sure that no one until he has studied the Constitution,
+no one certainly who is not a trained lawyer, will realize the
+many safeguards necessary to protect persons who may be
+wrongfully accused of a crime; but the framers of the Constitution
+knew the dangers from the sad experiences of innocent
+men and women who had been sacrificed by tyrants who
+had but little regard for human life or for human liberty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course you now understand that in case an indictment
+is returned by the grand jury, the person accused comes into
+court, or is brought in, and enters his plea of <span class="tei tei-q">“guilty”</span> or of
+<span class="tei tei-q">“not guilty”</span>. If he pleads <span class="tei tei-q">“not guilty”</span> a jury is brought together,
+<span class="tei tei-q">“empanelled”</span>, as it is called, and they are sworn to
+hear the evidence, and decide the case according to the evidence.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But in these grave criminal trials, in order that the truth
+may prevail, every accused person is given the right to be
+confronted by the witnesses against him. The Constitution
+provides:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall ...
+be confronted with the witnesses against him.</span></span>”</span><a id="noteref_68" name="noteref_68" href="#note_68"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">68</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What does this mean? It means that the government, the
+prosecution, cannot prove guilt by witnesses who are not
+present in court where the defendant can see them, where
+they may be cross examined by counsel, where the jury may
+observe them, and study their conduct and demeanor, because
+this often helps in determining whether a person is
+telling the truth or a falsehood.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In ordinary trials where property alone is involved, a
+<span class="tei tei-pb" id="page123">[pg 123]</span><a name="Pg123" id="Pg123" class="tei tei-anchor"></a>
+witness may live in another State or at some great distance
+from the place of trial. Witnesses cannot be brought a long
+distance in those cases. In some States they cannot be compelled
+to attend a distance of more than seventy miles. In
+other States, not more than one hundred miles; so that to get
+their testimony, the parties take their depositions. This
+means that instead of bringing the witness into court, the
+parties obtain an order by which they can go to the place
+where the witness is. There he is sworn before a commissioner,
+or a notary public, examined, and his testimony
+is taken in writing. The testimony is returned to the court
+where the trial is to be held, and is then read to the court or
+the jury upon the trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But in the trial of a person accused of a crime, depositions
+cannot be used against him. Statements of witnesses in
+writing, or in any other form, cannot be used by the prosecution.
+The witnesses must be physically in court before the
+accused, and there orally testify, and the defendant must
+have the right to cross examine them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But to give the accused person every possible aid in
+enabling him to have the truth brought before the court
+and jury, he may take the depositions of witnesses in his own
+behalf. That is, the prosecution—the State or the Nation
+accusing a man of a crime—must prove the truth of the accusation
+by witnesses personally in court confronting the
+defendant, but the defendant is given the privilege of taking
+the testimony of witnesses at a distance, in the form of depositions
+which are read to the jury.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This provision of the Constitution may be very important
+to an innocent person sometimes. The importance of it may
+never appear to us until unfortunately we be wrongfully accused
+of a crime, and our life or liberty in danger.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then the Constitution further provides:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall enjoy the
+</span><span class="tei tei-pb" id="page124">[pg 124]</span><a name="Pg124" id="Pg124" class="tei tei-anchor"></a><span style="font-style: italic">
+right ... to have compulsory process for obtaining
+witnesses in his favor.</span></span>”</span><a id="noteref_69" name="noteref_69" href="#note_69"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">69</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This is also very important. <span class="tei tei-q">“Compulsory process”</span> means
+an order of the court, commonly called <span class="tei tei-q">“subpoena”</span>, which is
+served upon witnesses by the marshal, or the sheriff, or other
+authorized person, commanding them to appear in court for
+examination before the court and jury as to the truth of
+matters involved in the accusation against a person on trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Here I wish you to recall the unfortunate fact that every
+little while somebody is complaining about our government
+as <span class="tei tei-q">“a rich man's government”</span>. It is often claimed that the
+poor have no chance for justice. The truth is that the rich
+and the poor stand equal in the courts. In creating the
+Constitution, it is known of course that someone might
+be brought before the court who was poor, without money,
+possibly without friends. He might be innocent, but in
+order that his innocence might be established it would be
+necessary for him to have witnesses who might live many
+miles away, who would not come into court to testify of
+their own free will. Therefore, there was inserted in the
+Constitution this provision, that every defendant shall have
+the right to compulsory process, commanding witnesses to
+appear, and there is no one so poor that he cannot have
+this privilege, because the United States—and in most of the
+States we have a like provision—not only issues subpoenas
+and compels the officers to serve them, but it pays the expense
+of serving, and pays the witness fees and mileage, so
+that the poor man has all of the rights in getting the truth
+before the court and jury that the richest may have.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Furthermore, in the same American spirit, when persons
+accused of an offense are too poor to employ counsel, the
+government will furnish counsel. The Constitution provides:
+</p>
+
+<span class="tei tei-pb" id="page125">[pg 125]</span><a name="Pg125" id="Pg125" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall ...
+have the Assistance of Counsel for his defence</span></span>.”</span><a id="noteref_70" name="noteref_70" href="#note_70"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">70</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There is no person so poor, or obscure, or friendless, that
+when he is charged with a crime which might affect his liberty
+or his life, he shall not have the right to a full, fair
+trial. Not only are his witnesses produced and paid by the
+government, but an attorney is appointed by the government
+to represent him, and help him establish his innocence.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This is a wonderful illustration of the paternal care which
+is manifested for those who may be unfortunate, and this is
+all because under our Constitution, liberty is a sacred thing,
+and it shall not be taken away except in punishment for a
+crime which has been proven in open court in a public trial
+before a jury, where the party has been confronted with the
+witnesses against him, where he has had a chance to furnish
+witnesses in his behalf and the aid of counsel in his trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then the people who brought the Constitution into being,
+feeling that so far as practicable they should have control
+of the enforcement of law not only in criminal cases, but in
+civil cases, included a guaranty in the Constitution that:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In suits at common law, where the value in controversy
+shall exceed twenty dollars, the right of trial by jury shall
+be preserved.</span></span>”</span><a id="noteref_71" name="noteref_71" href="#note_71"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">71</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course there is often more or less controversy about
+property of small value, where the expense and delay of jury
+trials might possibly be oppressive, but in any case involving
+more than twenty dollars in value, triable under the common
+law, which includes practically all cases except those peculiar
+cases triable in Chancery, or in Courts of Equity, the parties
+are entitled to a trial by jury. That is, instead of introducing
+their evidence and having the judge decide what the truth is
+between them, the parties are entitled to have a jury of men
+from the ordinary occupations of life hear the evidence and
+say from the evidence what is the truth.
+</p>
+
+<span class="tei tei-pb" id="page126">[pg 126]</span><a name="Pg126" id="Pg126" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+And furthermore, the people provided in the Constitution
+that:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No fact tried by a jury shall be otherwise re-examined in
+any Court of the United States, than according to the rules
+of the common law.</span></span>”</span><a id="noteref_72" name="noteref_72" href="#note_72"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">72</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Here again is the right to a jury trial, and the benefit of
+a jury trial, and to a trial according to the established rules
+and precedents of the common law courts carefully preserved.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now my friends, I know that there is much confusion in
+your minds about trials in court. I do not expect you to
+know all about trials. We are studying the guaranties of the
+Constitution so that we shall learn human rights—our rights—under
+the Constitution. I am talking to you about the
+safeguards of the Constitution so you shall know your rights,
+especially so that you will always venerate the Constitution
+which guards your rights, and defend it against those who
+may assail it. But I do want you to have a clear idea of
+what a trial in court is. I want you to know the purpose of
+the long days of examination of witnesses, the objections of the
+attorneys to certain questions asked, the rulings of the court,
+and the arguments of counsel.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">The main purpose, aim, and object of every lawsuit</span></em>, as
+trials are usually termed by people who are not lawyers, <em class="tei tei-emph"><span style="font-style: italic">is to
+find the truth</span></em>. The proceedings in court in every lawsuit
+are a continuous search for the truth. If in disputes we
+could agree to what the truth is, there would be few lawsuits
+to try.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A lawsuit only arises where there is a dispute to settle. If
+people agreed about their rights there would be little need
+of courts. In criminal cases, the government through the
+grand jury charges by indictment that a man committed a
+certain crime. The government says the man did it. He
+denies it by a plea of not guilty. He says he did not. The
+trial before the petit jury is merely a search for the truth
+<span class="tei tei-pb" id="page127">[pg 127]</span><a name="Pg127" id="Pg127" class="tei tei-anchor"></a>
+about the charge. <em class="tei tei-emph"><span style="font-style: italic">What is the truth about the matter in
+dispute</span></em>, that is all that is involved in an ordinary lawsuit.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Picture two boys in a dispute about which owns a ball.
+One positively asserts that it is his, that his father bought it
+and gave it to him. The other is just as sure that it is his.
+He says that his brother gave it to him. They quarrel so
+excitedly that a neighbor coming across the street asks the
+cause of the trouble. They tell him their claims and ask him
+to decide. One boy points out a rough spot on the ball
+which he insists was caused by a blow from his bat while
+he was playing in his own yard. The other says that his
+brother gave him a ball with red and white stitches. The
+neighbor, after hearing these and many other claims, decides
+the case, giving the ball to the boy whom he finds to be the
+owner.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In this we have every element of a lawsuit. The dispute,
+the court (the neighbor), the witnesses (the boys), and the
+judgment based upon what the neighbor finds to be the truth
+from the evidence before him. That is all that any court
+or jury can do, but under the Constitution in cases involving
+life or liberty every possible safeguard is provided so that
+the truth may be found, so that justice may be done.
+</p>
+
+<span class="tei tei-pb" id="page129">[pg 129]</span><a name="Pg129" id="Pg129" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Why should all witnesses for the prosecution speak in the actual
+presence of the accused?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why should the accused be allowed to have testimony in his favor
+submitted in writing?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. In what cases is written testimony ordinarily admitted?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. What is compulsory process?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. In what ways does the Constitution aid the poor man?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. In what cases may there be a trial without a jury?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. What is the main purpose of any lawsuit?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. What is meant by cross-examination of a witness?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. In what way do these provisions sustain the fact that our government
+is a democracy?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Is a person more likely to commit perjury when not actually facing
+the person accused? Give reasons.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What is the provision of the Constitution as to <span class="tei tei-q">“compulsory process”</span>?
+Explain the importance of this right.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Explain the provision of the Constitution as to the right to have
+counsel.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Show how compulsory process and free counsel help the poor man.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. Why is jury trial omitted in small controversies?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. What is a <span class="tei tei-q">“civil”</span> case?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How Perjury is Detected</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Oral and Written Testimony</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How the Poor Man is Protected</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Purpose of a Trial in Court</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Story of a Tramp Without Money, Accused of an Offense:
+How the Constitution Helps Him</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page130">[pg 130]</span><a name="Pg130" id="Pg130" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc37" id="toc37"></a>
+<a name="pdf38" id="pdf38"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XVII. Punishment</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Prohibition Of Excessive Bail Or Fines, Cruel Or
+Unusual Punishments, And Involuntary
+Servitude</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Before we finish, I want you to have in your mind a clear
+conception of the way in which a person accused of an offense
+is brought before the court, tried, and convicted or
+acquitted.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I have already explained that the first step is the arrest
+of the suspected person.<a id="noteref_73" name="noteref_73" href="#note_73"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">73</span></span></a> Again put yourself in the place of
+the suspected person.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You are arrested. It is the duty of the officer making the
+arrest to bring you into a court, but this is not generally
+to a trial court. A person is generally brought before what
+is called a committing magistrate, a justice of the peace or
+commissioner—some person having authority to issue warrants
+of arrest. You may be far from home and friends
+when you are arrested. You may be entirely unacquainted
+in the neighborhood. The government is not ready to proceed
+to your trial. Witnesses must be summoned, not only
+for the government, but if you have witnesses you desire to
+use, they must be brought in.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The general rule is to set the case for hearing—a <span class="tei tei-q">“preliminary
+hearing”</span> in a day or two, or a week possibly. You must
+therefore wait until this time comes. What are you going to
+do? Must you go to jail until they get ready to have the hearing?
+No, you are entitled to bail; that is, you are entitled to be
+discharged upon a bond fixed by the magistrate, commissioner,
+or judge. There are usually only two offenses which
+are not, as the saying is, bailable—murder and treason. Usually
+<span class="tei tei-pb" id="page131">[pg 131]</span><a name="Pg131" id="Pg131" class="tei tei-anchor"></a>
+where murder or treason is charged, the person is not
+admitted to bail. He is locked up in a cell to await trial;
+but as a general rule, when a person is arrested his bail is
+fixed—that is, the amount of the bond which he must file
+in order to be discharged pending the trial. For instance,
+if it were a charge of stealing a bicycle, the court might fix
+the bail at $500 or $1000. That would mean that if he
+would file a bond, with sureties, conditioned that in case
+he did not appear for hearing—that he should run away, for
+instance—the sureties would pay into the court the amount
+of the bond. Mostly any person of fair standing in a community
+can secure some friends who will sign such a bond,
+so that he may have his liberty until the trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But the framers of the Constitution, again anxious about
+the liberties of the people, provided:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Excessive bail shall not be required.</span></span>”</span><a id="noteref_74" name="noteref_74" href="#note_74"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">74</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There were many instances in the olden days where bail
+was purposely fixed so high—so far beyond all reason in view
+of the nature of the offense that the party could not furnish
+the bail, the purpose being to compel the party to remain in
+prison. Our Constitution guarantees to every individual that
+the amount of bail fixed shall be reasonable in view of the
+nature of the offense and if it is not reasonable, the person
+arrested may have the matter brought before the court, who
+will make full inquiry, and reduce the amount of the bail if
+found to be too large.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+All through these guaranties of the Constitution, all
+through these provisions guarding the sacred rights of every
+person, you will see that the effort is that justice shall be
+done, not injustice; that right shall prevail, not wrong. That
+no one shall be kept in prison, deprived of his liberty, unless
+absolutely necessary in the interest of justice.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then after a trial, if a person is found guilty, the Constitution
+<span class="tei tei-pb" id="page132">[pg 132]</span><a name="Pg132" id="Pg132" class="tei tei-anchor"></a>
+again guards the rights even of the guilty, by providing:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Excessive fines (shall not be) imposed, nor cruel and
+unusual punishments inflicted.</span></span>”</span><a id="noteref_75" name="noteref_75" href="#note_75"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">75</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When this constitutional guaranty was written persons
+then living could recall without doubt the barbarous punishments
+which had been imposed in civilized countries even
+for light offenses. Common hanging was not regarded as
+sufficient punishment. <span class="tei tei-q">“Hanged, drawn and quartered”</span> was
+often heard in the courts of countries which had been left
+behind. It was nothing uncommon to see persons upon
+the roadside in England left hanging to the gibbet for long
+periods of time where the people could see them as a warning.
+It was not uncommon in those times to have a penalty of
+death imposed for the offense of stealing.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is almost impossible to read of the punishments of the
+olden days, even under decrees of courts, without a shudder.
+Therefore, every one in America should be filled with gratitude
+that in the adoption of our Constitution these excessive
+cruelties were forever ended.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We have in this country the death penalty only for the
+most grave offenses, and it is seldom imposed. Imprisonment
+is generally regarded as just and sufficient. I might spend
+an hour if we had time, telling you something of the horrible
+dungeons which served as prisons in the olden days,
+into which God's sunlight seldom entered; of the chains the
+prisoners had to wear; of the starvation; yes, and of the lash—inhumanities
+which one can scarcely conceive, and which
+can never disgrace the civilization of America.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Again, carefully guarding the rights and liberties of the
+people we find:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Neither slavery nor involuntary servitude, except as a
+punishment for crime whereof the party shall have been duly
+</span><span class="tei tei-pb" id="page133">[pg 133]</span><a name="Pg133" id="Pg133" class="tei tei-anchor"></a><span style="font-style: italic">
+convicted, shall exist within the United States, or any place
+subject to their jurisdiction.</span></span>”</span><a id="noteref_76" name="noteref_76" href="#note_76"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">76</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This is not a part of the original Constitution. It was
+adopted after the war had driven slavery from our shores.
+The spirit of America has from the beginning been exerted
+in enlarging the rights of human beings. Slavery existed
+before the adoption of the Constitution, and so strongly was
+it intrenched at that time in some of the colonies that it
+was impossible then to wipe it out.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But it did not belong in America, and the time came when
+the American people, after a long bitter war, crushed the
+slave power, and swept from our shores the last vestige of
+involuntary servitude. That it might not be renewed, the
+people amended the Constitution so as forever to bar slavery
+or involuntary servitude except as men might be put in
+prison in punishment for crime after a full, fair trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Did you ever read of the debtor's prison? It used to be
+in nearly every country in the world, that men who were
+merely unfortunate, who got in debt and who could not pay
+when the debt was due were sent to prison, and kept there
+sometimes for long periods. It was most cruel, because in
+many instances the persons were honest. They wanted to
+pay their debts, but sickness came, or floods, or fire, or other
+misfortune, and when the time came they were unable to
+pay and thus they lost their liberty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In those olden days, men were not only imprisoned, but
+in some countries they were compelled to labor for the person
+whom they owed. They were compelled to be slaves.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But at last we have reached a stage in America, where
+no one may be compelled to work for another, unless by his
+own free will, except under conviction of a crime where the
+State may compel prisoners to work for some one in order to
+help pay the expense of maintaining them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The old debtor's prison is gone. No one in this country
+<span class="tei tei-pb" id="page134">[pg 134]</span><a name="Pg134" id="Pg134" class="tei tei-anchor"></a>
+can now be imprisoned for an ordinary debt. There are a
+few States in which a person may be imprisoned for debts
+arising in fraud, but for an ordinary contract debt, mere
+inability to pay, no one in America can now be compelled to
+submit to imprisonment.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I wish sometime you would think seriously about what
+America has done for the poor. In the olden days they
+had few if any rights; but to-day in America, while by law
+we cannot prevent sickness nor sorrow, or other misfortune,
+we can and we do guard the liberty of the poorest and the
+most unfortunate. In fact many laws have been enacted which
+give to the poor special privileges which are denied to those
+who have property or money.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For instance in nearly every State there are what are
+called exemptions for a person who is the head of a family,
+which protect him even in the possession of a limited amount
+of property which his creditors cannot take away from him
+in payment of a debt. In most of the States laborers may
+hold the earnings of a certain period, for instance ninety
+days, for support of themselves and their families, which no
+one can touch, which no officers and no court can seize in
+payment of a debt. Also they are protected in their household
+goods, their clothing for themselves and their families,
+and in many other ways.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The farmer who may be heavily in debt is protected for
+himself and his family by having exempted to him a team
+of horses, harness and wagon, machinery, farm utensils, and
+food and clothing for the family.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I have not time to relate all that has been done by America
+in sympathetic aid of the poor and the unfortunate. No
+other country in the world has given such consideration to
+the poor as has America.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We hear much talk of social injustice, that the poor man
+has no chance. The truth is that more has been done in
+<span class="tei tei-pb" id="page135">[pg 135]</span><a name="Pg135" id="Pg135" class="tei tei-anchor"></a>
+America during the past twenty-five years to provide justice
+for the poor and unfortunate and for those who toil, than
+was done in any other country of the world during the last
+one thousand years. The spirit of America is right. The
+people have the power. They are right at heart. The only
+weakness in America is the failure of many thousands of
+our men and women to take an active interest in the affairs
+of government. Hundreds of thousands, yes millions, of our
+voters fail to go to the polls on election day to vote. They
+do not seem to feel any gratitude for the privilege of living
+in a free country where liberty is guarded by written guaranties
+of a Constitution which cannot be changed, except by
+the will of the people themselves.
+</p>
+
+<span class="tei tei-pb" id="page137">[pg 137]</span><a name="Pg137" id="Pg137" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. After a person is arrested where is he generally taken by the
+officer?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. If the hearing is postponed, what is generally done with him in the
+meantime?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. What is bail?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. What offenses are not bailable?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. What is the constitutional guaranty as to bail?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Why should excessive bail be prohibited? What would be the injustice
+of this practice?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. What happens when a person <span class="tei tei-q">“out on bail”</span> fails to appear in court
+at the time set? Is he relieved of further punishment?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. If a magistrate fixes excessive bail, what may the accused person
+do in order to have it reduced?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. Name some cruel and unusual punishments?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+10. When was slavery in America abolished?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+11. What was a debtor's prison?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+12. How does America protect the poor? Can a debtor be put in prison
+for failing to pay ordinary debts?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+13. What is meant by <span class="tei tei-q">“exemptions”</span> in relation to property and debts?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Explain the injustice of requiring excessive bail?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. When a judge determines the amount of bail, what factors does he
+consider?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What is the purpose of punishment?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Discuss the movement for prison reform.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. What is the purpose of the bankruptcy law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. Write a paper on:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Cruel and Unusual Punishments</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Punishment and Crime in the United States</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How America Protects the Poor Man</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Reformatory Versus the Penitentiary</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page138">[pg 138]</span><a name="Pg138" id="Pg138" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc39" id="toc39"></a>
+<a name="pdf40" id="pdf40"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XVIII. Equal Rights Of Citizens</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">All Citizens Entitled To Equal Privileges And Immunities—Right
+To Vote Not Abridged</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The great achievement in American government was the
+establishment of a Nation composed of independent and sovereign
+States. It was not an easy matter to bring all these
+States together as one government, so that there would be
+harmony and unity; but the framers of the Constitution succeeded
+in a wonderful way in adopting rules and regulations—the
+Constitution—which made this the most powerful
+and the most peaceful Nation in the world.<a id="noteref_77" name="noteref_77" href="#note_77"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">77</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Only once has there been any serious question between the
+States, and the Civil War settled that forever. Following the
+war, to bind the States more firmly together by the establishment
+of the rights of citizens of the various States, an amendment
+to the Constitution was adopted in 1868, by the people
+of the Nation, which is as follows:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">All persons born or naturalized in the United States, and
+subject to the jurisdiction thereof, are citizens of the United
+States and of the State wherein they reside. No State shall
+make or enforce any law which shall abridge the privileges
+or immunities of citizens of the United States; nor shall any
+State deprive any person of life, liberty, or property without
+due process of law; nor deny to any person within its jurisdiction
+the equal protection of the laws.</span></span>”</span><a id="noteref_78" name="noteref_78" href="#note_78"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">78</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This portion of our Constitution establishes the citizenship
+of every person born or naturalized in the United States,
+and guarantees the rights of such citizens, not only in the
+State where he lives, but in any State. No State has the
+power, since the adoption of this amendment, to make or
+<span class="tei tei-pb" id="page139">[pg 139]</span><a name="Pg139" id="Pg139" class="tei tei-anchor"></a>
+enforce any law which shall abridge the privileges, rights,
+or immunities of citizens, no matter in what State they may
+make their home.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+By this amendment all States are prohibited from enacting
+any law, or permitting any procedure of their courts,
+which shall <span class="tei tei-q">“deprive any person of life, liberty, or property,
+without due process of law”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You will recall that immediately after the adoption and
+approval of the original Constitution there were ten amendments
+adopted which became effective in 1791, in one of
+which it was provided that no person <span class="tei tei-q">“shall be deprived of
+life, liberty or property, without due process of law”</span>. This
+forever barred the United States government from depriving
+the humblest citizen of his life, his liberty, or his property,
+except through the regular processes of the law which we
+have heretofore considered; and by the amendment of 1868
+the same restriction was placed upon every State in the
+Union, thus completing the guaranty to every man, woman,
+and child, that life, liberty, and property would be safe and
+sacred. No power exists in the State or Nation by which life,
+liberty, or property may be interfered with, except through
+the tribunals established by the people themselves to hear and
+determine in a judicial way after proper notice with full opportunity
+to be heard in a public trial.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No secret schemes can be devised which will interfere with
+the rights of the humblest citizen, no power can be created
+strong enough wrongfully to invade the right to life, liberty,
+and property. These guaranties, being written into the Constitution,
+will stand forever, unless the people by their own
+choice shall throw away these great guaranties and destroy
+these great blessings.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then following the Civil War, the people of America
+adopted the following as part of the Constitution of the
+United States:
+</p>
+
+<span class="tei tei-pb" id="page140">[pg 140]</span><a name="Pg140" id="Pg140" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The right of citizens of the United States to vote shall
+not be denied or abridged by the United States or by any
+State on account of race, color, or previous condition of servitude.</span></span>”</span><a id="noteref_79" name="noteref_79" href="#note_79"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">79</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You remember the Emancipation Proclamation by President
+Lincoln which struck the chains from the limbs of men
+and women and children who had been slaves for generations.
+They were human beings, though of the colored race.
+They were lifted from the position of slavery to the dignity
+of citizenship, and clothed with power to help in the government
+of their country by being given the privilege of going
+to the ballot box to vote. To establish this right and protect
+this privilege for all time, this amendment to the Constitution
+was adopted by the people of the United States. It
+was a bold thing to do, to clothe a subject race which had
+little opportunity for education with the rights of citizenship.
+No nation in the world ever before attempted such
+a wonderful and radical experiment; but the people of
+America, having real confidence in human beings, regardless
+of color, race, or creed, assumed the responsibility of
+admitting the former slaves as part of the power of government
+in this country.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course you realize that the value of a citizen to his
+country, when it comes to voting and making laws, depends
+upon his knowledge of public affairs, and his confidence in
+his government; and therefore education is absolutely necessary
+to real service to one's country. That is one of the big
+objects of education—to qualify persons for full citizenship.<a id="noteref_80" name="noteref_80" href="#note_80"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">80</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Too many of us consider the right to vote simply as a privilege
+to help some neighbor to be elected to some public
+office. This view is all wrong. Our country is first, and we
+never should help a neighbor to be elected to an office
+unless that neighbor can help to make this a better government.<a id="noteref_81" name="noteref_81" href="#note_81"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">81</span></span></a>
+</p>
+
+<span class="tei tei-pb" id="page141">[pg 141]</span><a name="Pg141" id="Pg141" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When we elect any one, we are selecting a servant to represent
+us, to act for us. Therefore great care should be exercised
+in selection. We must inquire not only whether the
+person is good and virtuous, but also whether the person is
+useful, and has right ideas about public service.<a id="noteref_82" name="noteref_82" href="#note_82"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">82</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If congressmen, judges, legislators, mayors, or other public
+servants are not honestly or truly representing the people,
+if they are not carrying out the will of the people in their
+official actions, this simply proves that the people have not
+selected the right kind of men to represent them. There
+are honest men; there are men who are tried and loyal and
+patriotic. They are our neighbors. We have the choice of
+selecting them if we want to. <em class="tei tei-emph"><span style="font-style: italic">The truth is</span></em> that nearly all
+public officers are honest and patriotic. The truth is that
+as a rule they try to do what the people want. But <em class="tei tei-emph"><span style="font-style: italic">the truth
+is</span></em> that the majority of the American people take so little
+interest in public affairs that they make no effort to have
+their servants in public life know what they do want. People
+are ready to criticise if a mistake is made, but they will do
+little to help avoid mistakes.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I'll tell you what I would like to see. I'd like to see this
+assembly room in this school filled one night each week with
+children and men and women, with parents and teachers. It
+would be a real community meeting to talk over community,
+State, and National matters. I would like to see such a meeting
+in every school in this city, in this State, and in the
+Nation. I wish someone would start a movement to have
+the movies closed one evening each week, so that the people
+might have at least one night to give some little consideration
+to the serious problems of life. <span class="tei tei-q">“Eternal vigilance is the
+price of liberty.”</span> Vigilance means watchfulness, care, and
+thought. Every man, woman, and child in America should
+watch and pray that our liberties so dearly bought with the
+life blood of heroes should not be taken away.
+</p>
+
+<span class="tei tei-pb" id="page143">[pg 143]</span><a name="Pg143" id="Pg143" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Show how the United States gave citizens of the different States
+equal rights.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Who can vote in the United States? Who are citizens of the
+United States?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Is the power to vote simply a privilege?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Why is it that our representatives sometimes do not truly represent
+us?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. How can we interest people in voting?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Show how it is important that people should have equal rights in
+the various States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Give some illustrations of the variations from State to State of
+certain local laws, such as automobile laws, etc.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. If the law of New York limits the speed of an automobile to 25
+miles per hour and the law of Massachusetts limits the speed to
+20 miles per hour, can a citizen of New York travelling in Massachusetts
+legally operate his car at 25 miles per hour? Under like
+circumstances can a citizen of Massachusetts while in New York
+operate his car at 25 miles per hour?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Show in detail the dangers of not voting.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. How may a person obtain citizenship?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. What has education to do with citizenship or voting?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. Should you vote for a neighbor simply out of friendship? What
+should be taken into consideration?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. Discuss Roosevelt's definition of a good citizen given in Note 5.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I. Outline a proper program for a community meeting.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+J. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Privileges of the Citizen</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Danger of Not Voting</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Ballot—An Obligation Not a Privilege</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How to Become a Naturalized Citizen</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Voting and other Duties of Citizenship</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page144">[pg 144]</span><a name="Pg144" id="Pg144" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc41" id="toc41"></a>
+<a name="pdf42" id="pdf42"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XIX. Writ Of Habeas Corpus</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Privilege Of The Writ Of Habeas Corpus Not To
+Be Suspended Except In War</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Here is something in our Constitution which I suppose you
+have read, but which you probably do not understand. That
+is, you probably do not understand its real value, not to somebody
+else, but to yourselves, because all of these provisions of
+the Constitution are for each one of us.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We may go along through life, never being placed in a
+position where we will have to call upon the Constitution to
+defend us. Most of our people are peaceful and just, and
+it isn't often that the rights of innocent persons are attacked
+or invaded. It isn't often that an innocent man is arrested
+for a crime, and yet such a thing may occur any day to any
+one of us. You may rest assured that such things do not
+occur as often as they would if the Constitution did not stand
+as a barrier to protect innocent persons. These great constitutional
+guaranties are not only valuable when we want
+to assert our rights, but they are valuable as a restraint upon
+wrongdoers.<a id="noteref_83" name="noteref_83" href="#note_83"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">83</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now here is this provision:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The Privilege of the Writ of Habeas Corpus shall not be
+suspended, unless when in Cases of Rebellion or Invasion the
+public Safety may require it.</span></span>”</span><a id="noteref_84" name="noteref_84" href="#note_84"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">84</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What is a <span class="tei tei-q">“writ of habeas corpus”</span>? <span class="tei tei-q">“Habeas Corpus”</span> is a
+Latin phrase, which in English means <span class="tei tei-q">“you may have the
+body”</span>. A writ of habeas corpus is a writ directed to the person
+detaining another, or holding him in prison, commanding
+him to produce the prisoner at a certain time and place
+before a court or judge, so that the right of imprisonment or
+<span class="tei tei-pb" id="page145">[pg 145]</span><a name="Pg145" id="Pg145" class="tei tei-anchor"></a>
+restraint may be inquired into. It is an ancient writ, recognized
+as far back in English jurisprudence as 1679. It was
+used against the king in the reign of Henry VII, and on
+through the later years. It was recognized from time to time,
+sometimes entirely denied, and again given force.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But as applied to you and to me, what does it signify?
+Suppose on your way home this evening, some person should
+seize you and force you to go to jail, and lock you up. No
+charge is made against you. You are innocent of any offense.
+You sit there in the cell wondering what it all means. You
+cannot even communicate with your parents or friends. The
+jail is built of stone, the iron bars are strong, and you are
+helpless.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Well, in the olden days, many a man and woman had
+such experiences, and many a man and many a woman lay
+in jail for long periods without any charge, or any trial,
+deprived of liberty, utterly powerless.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now as I said, suppose you were in jail to-night—not even
+permitted to communicate with a friend or with a lawyer,
+and your father found out where you were. He could not
+go and break down the prison walls. He could not even talk
+to you; but if he were familiar with the Constitution of the
+United States and of his State—because there is a like provision
+in the Constitutions of all States—if your father understood
+his constitutional rights, he would at once apply to
+some court or judge for a writ of habeas corpus. It would be
+a simple matter. He would set out in writing the facts,
+simply the story that you were seized and were imprisoned
+wrongfully, and he would ask that a writ of habeas corpus
+issue, and this request, no court or judge can deny. He
+would promptly issue the writ, which would be in writing
+directed to the person keeping you in jail, or the keeper of
+the jail, or some one who was aiding in keeping you in jail,
+and this writ would command such person to have you
+<span class="tei tei-pb" id="page146">[pg 146]</span><a name="Pg146" id="Pg146" class="tei tei-anchor"></a>
+brought before the court at once, <span class="tei tei-q">“commanding him to
+produce the body of the prisoner at a certain time and place”</span>.
+You would be brought there, and the person having you in
+jail would have to show cause for such conduct. Unless legal
+cause were shown, the judge would promptly discharge you,
+and the person who had committed the wrong against you
+would probably receive proper punishment, after a trial, for
+his wrongful act.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now there were long periods of time in England when
+the right to a writ of habeas corpus was suspended, during
+which time a person wrongfully in prison had no relief and
+no remedy, when helpless men and women starved and died.
+So when the Constitution was adopted, the people of America
+were careful to see that the following guaranty was written
+therein:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The Privilege of the Writ of Habeas Corpus shall not be
+suspended</span></span>”</span>.<a id="noteref_85" name="noteref_85" href="#note_85"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">85</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Under our Constitution this may be done only <span class="tei tei-q">“in case of
+rebellion or invasion”</span> when <span class="tei tei-q">“public safety may require it”</span>.
+For instance, in the World War, which you all remember,
+some dangerous person, some traitor, might have been arrested
+by the military authorities and detained in custody,
+and he could not be discharged upon a writ of habeas corpus,
+because a state of war existed, and public safety required that
+he be held. Of course in times of war persons engaged in
+the military service are not entitled to a trial in a civil court
+for their offense. They are tried for military offenses by
+court martial. That is a military court, where the judges
+are military officers, ordered by their superiors to sit and
+hear the evidence. There is not much formality. In
+grave offenses prompt action is necessary. Spies are caught,
+the courts organized, the evidence taken, a finding of guilty
+made, and the party shot, all perhaps within twenty-four
+hours. These are the necessary awful consequences of war.
+<span class="tei tei-pb" id="page147">[pg 147]</span><a name="Pg147" id="Pg147" class="tei tei-anchor"></a>
+But can't you see now what a sense of security this little
+provision of our Constitution ought to bring to each one
+of us? We always know that in case of our wrongful arrest,
+a writ of habeas corpus will bring us before some court
+where we may have prompt inquiry into the reasons for
+invading our right to liberty, and prompt order for discharge
+if the arrest is not justified.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This writ issues not only in behalf of persons confined
+in jails and prisons, but also in every case where one is
+held by force against his will by another person, because
+this is a free country, and no man, whether a private citizen
+or public officer, has any power to restrain another against
+his will, unless such restraint is under legal proceedings
+with all the safeguards of the Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I remember a case when unfortunately a father and
+mother were separated and divorced. Their little boy was
+left with his mother. The judge decided that the father
+was a bad man and that he was not worthy to have charge
+of his son.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A few months later that father went to the house where
+the mother and boy lived, watched behind the hedge until
+the little boy was at play in the yard, when he seized him,
+jumped in an automobile which was waiting for him in the
+woods, and drove away at great speed. He took the boy to
+a boarding school in a neighboring State, telling the principal
+of the school that he wanted the boy safely kept until
+he should return from Europe. After many days the
+sheriff with the aid of detectives found where the boy was.
+The mother came to the school. Of course she was filled
+with joy when she saw her son. She thought that she could
+take him away with her at once, but the principal would not
+consent. He said that he had no knowledge of whether or
+not she was the boy's mother; that she had no right to take
+him away; and that his duty was to return the boy to
+<span class="tei tei-pb" id="page148">[pg 148]</span><a name="Pg148" id="Pg148" class="tei tei-anchor"></a>
+the man who had left him in the school. The appeal of
+the mother and the tears of the boy were in vain.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+At last she had to leave the boy. She at once consulted
+a lawyer. He prepared a written application asking that a
+writ of habeas corpus be issued, commanding the principal
+of the school to bring the boy before the judge, that the
+judge might hear the evidence, and make an order releasing
+the boy from the school and placing him in the charge of
+his mother. The writ was issued by the judge. An officer
+went to the school, read the writ to the principal, who
+promptly brought the boy to the court room.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There the judge heard the story of the mother and the
+simple tale of the little boy, he examined certified copies of
+the order of the court awarding the custody of the boy to
+his mother, which the sheriff had procured, and then he
+very promptly ordered the principal of the school to give the
+boy to his mother. The principal was of course glad to do so,
+when he found that the father had done wrong.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This is only one of hundreds of cases where the writ of
+habeas corpus releases someone from wrongful confinement.
+Such wrongful confinement may be in a school or in a home
+or in a jail or in a dungeon or in a dark cellar. No matter
+where, the writ of habeas corpus does not stop at locked
+doors or barred windows or stone walls. An officer with such
+a writ can break and enter if necessary. No obstacle can be
+allowed wrongfully to deprive an American citizen of his
+liberty.
+</p>
+
+<span class="tei tei-pb" id="page149">[pg 149]</span><a name="Pg149" id="Pg149" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. What is a writ of habeas corpus?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What does <span class="tei tei-q">“habeas corpus”</span> mean?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. When was it recognized in England?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. When may it be suspended in America?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Just what does it mean to the average citizen?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Can you think of a time when it might be valuable to you?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. What is martial law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Just when is a writ of habeas corpus likely to prove valuable?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Why is it called <span class="tei tei-q">“the most famous writ of the law”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Show how it affects the poor man.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Show how it makes for democracy.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Abuses Found Before the Writ of Habeas Corpus Was Recognized
+</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+Cases Where It was Used Locally
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The Experience of the Arrest of an Innocent Man Who Was
+Unable to Furnish Bail
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+A Court Martial
+</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page150">[pg 150]</span><a name="Pg150" id="Pg150" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc43" id="toc43"></a>
+<a name="pdf44" id="pdf44"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XX. Other Prohibited Laws</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">No Bill Of Attainder Or Ex Post Facto Law May Be
+Passed By Congress</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This morning I have something else for you which you
+probably do not understand, something that you can hardly
+imagine would interest you personally; but as I have often
+repeated, always bear in mind that every single clause of
+the Constitution is made for each and every one of us, no
+matter what position we may have in life.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The framers of the Constitution said:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No Bill of Attainder or ex post facto Law shall be
+passed.</span></span>”</span><a id="noteref_86" name="noteref_86" href="#note_86"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">86</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What does <span class="tei tei-q">“attainder”</span> mean? It means the extinction of
+civil rights and capacities and powers, which under the law
+in the olden times took place whenever a person was convicted
+of treason, or of a crime for which the death sentence
+was imposed. It means that all the estate of the convicted person,
+all his land, money, or other property, was forfeited to
+the government; so that upon his death nothing passed by inheritance
+to his heirs. As it was expressed, his blood was
+<span class="tei tei-q">“corrupted”</span>. He could not sue in a court of justice. He
+was helpless to defend any right of himself or his family.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+By <span class="tei tei-q">“bills of attainder”</span>, which were legislative acts imposing
+that penalty on the accused without giving him any
+hearing in a court, many persons were deprived of their
+rights and their possessions in the centuries which have gone
+by, in order that such rights and such possessions might go to
+some favorite of the government. Of course no one would
+have much sympathy for a person who might be actually
+guilty of treason, or guilty of a great crime which involved
+a death penalty; but in the olden days innocent men were
+<span class="tei tei-pb" id="page151">[pg 151]</span><a name="Pg151" id="Pg151" class="tei tei-anchor"></a>
+often charged with treason and punished. Conspiracies were
+formed to get rid of certain individuals who might be an
+obstacle to the achievement of base ambitions.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The abuses arising out of the imposition of attainder became
+so grave that in the time of Queen Victoria a statute
+was passed in England abolishing the extreme penalties
+which followed it.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In some of the colonies in this country, before the Constitution
+was adopted, acts of attainder were passed and
+enforced; but when the Constitution was finally adopted, bills
+of attainder were forever barred.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Don't you see the spirit of charity which is manifest in
+this, just as in the entire Constitution, charity even for
+wrongdoers, charity for the weaknesses of men? Wrongdoers
+of course must be punished, yet the Constitution wipes
+out harsh and brutal methods which were common in
+the days before America came into being.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No <span class="tei tei-q">“ex post facto law”</span> shall be passed. <em class="tei tei-emph"><span style="font-style: italic">What does that
+mean?</span></em><a id="noteref_87" name="noteref_87" href="#note_87"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">87</span></span></a> If a person does an act,
+which at the time of the
+doing of the act is not a criminal offense, the Congress of
+the United States, with all its power, cannot make that act,
+innocent when done, a crime. Yet this used to be done in
+the old days. You can imagine how in those days a brutal
+government being desirous of getting rid of some objectionable
+person, but desiring to have its acts appear legal, might
+find that he had done some act which was not punishable
+under the law; but through a corrupt legislative body, it
+might so legislate as to make the act a criminal offense, and
+thus have the person tried and convicted.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A person might commit an offense for which there was
+a moderate punishment; and the legislature might, after
+the commission of the crime, but before he was tried, increase
+the penalty. For instance, if there were a penalty
+of two years imprisonment for stealing a horse, and some
+<span class="tei tei-pb" id="page152">[pg 152]</span><a name="Pg152" id="Pg152" class="tei tei-anchor"></a>
+neighbor was guilty of stealing a horse, thus leaving himself,
+when convicted, subject to two years imprisonment, all
+the powers of the United States government, all the powers
+of Congress, all the wonderful power of the people of the
+country could not change the penalty, could not, for instance,
+amend the law so as to provide a five year penalty
+instead of two, so as to affect this neighbor who had stolen
+the horse before this time. He could, if convicted, be sentenced
+to two years, but no more.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You may think that those who adopted the Constitution
+must have been suspicious of Congress, or the people in
+thus carefully preventing wrongs against individuals accused
+of a crime—yes, individuals who had actually committed
+a crime; but you can readily understand why they
+were so careful. The conduct of the governments of the
+world had been such before that day that suspicion was justified.
+The Constitution was made for the individual—for
+men, women, and children—to guard their rights against the
+abuse of power; and in fact most of the wrongs of the world
+have had their origin in the abuse of power. The Constitution
+guards the humblest person against abuse of the power
+granted to the government, as well as against the wrongs of
+our neighbors.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The people in this country have great power—absolute
+power. This power may be expressed in laws enacted by Congress
+or by the legislatures of the States, except in those
+things which the people themselves in the Constitution of
+the United States, and in the Constitutions of the different
+States, have placed beyond even their own power.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course these provisions of the Constitution, as all provisions
+of the Constitution, may be changed by the people,
+but not by a mere majority of the people. These constitutional
+provisions relate to sacred rights, and they may not
+be changed except upon mature deliberation, and by a vote
+<span class="tei tei-pb" id="page153">[pg 153]</span><a name="Pg153" id="Pg153" class="tei tei-anchor"></a>
+which represents the sentiment of at least a majority of the
+people of three-fourths of the States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So I hope you can realize that when the framers of the
+Constitution prohibited bills of attainder, and prohibited the
+enactment of the ex post facto laws, they were doing something
+for the people of this country. They had the rights of
+the people in mind—the rights of the humble and perhaps
+unknown, as well as the rights of those in high places. I
+do not expect you to study the details of these provisions of
+the Constitution relating to bills of attainder and ex post
+facto laws. You will probably never have to enforce these
+rights which are given to you under the Constitution. I
+hope you will not; but the important thing which I always
+want you to bear in mind is, that these guaranties of the Constitution
+are in existence and that they confer upon you
+certain powers which may be asserted to protect your liberty
+if occasion should ever arise.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I am sure you realize that at the beginning of the life
+of the American Nation, extreme care was exercised by those
+who framed the Constitution, to guard the people at every
+point against injustice and wrong, whether exercised by private
+individuals or by public officials.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Understanding these things—feeling these things, will
+give you a new sense of power, of pride, and of duty, as citizens
+of this great Nation.
+</p>
+
+<span class="tei tei-pb" id="page154">[pg 154]</span><a name="Pg154" id="Pg154" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. What does attainder mean?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What was the effect of a bill of attainder on the family of a man
+who was convicted?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Why does the abolition of attainder show the charity of the founders
+of the Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. What is an ex post facto law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. How would this kind of a law be unjust?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. How could a strong, powerful, and dishonest man work injustice
+by means of such a law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Show how attainder worked in England in the early days.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. What were the abuses found under such a law?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Show how its abolition made for democracy.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Show how the abolition of ex post facto laws made for democracy.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Injustice of Attainder</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Injustice of an Ex Post Facto Law</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page155">[pg 155]</span><a name="Pg155" id="Pg155" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc45" id="toc45"></a>
+<a name="pdf46" id="pdf46"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXI. Titles, Gifts, Treason</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Prohibition Of Titles And Foreign Gifts—Treason,
+Its Trial And Punishment</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+America is a democracy. It was the plan from the beginning
+that it always should be a democracy. The human
+race had suffered much from royalty, from kings and emperors,
+and queens and princes. Human nature is weak.
+We are all more or less attracted by people with titles. Story
+books which we read in childhood exalt the <span class="tei tei-q">“lords”</span> and
+<span class="tei tei-q">“ladies”</span> and <span class="tei tei-q">“princes”</span>, and I regret to say that the history
+of lords and ladies and princes does not always justify
+the pictures which our story books would paint for us.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The men who framed the Constitution had just finished a
+life and death struggle with royalty—a struggle between the
+people and a king, and the people had won. They were determined
+that the blighting influence of royal power should
+never again find a place on American soil. Therefore they
+put into the Constitution:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No Title of Nobility shall be granted by the United States:
+And no Person holding any Office of Profit or Trust under
+them, shall, without the Consent of the Congress, accept of
+any present, Emolument, Office, or Title, of any kind whatever,
+from any King, Prince, or foreign State.</span></span>”</span><a id="noteref_88" name="noteref_88" href="#note_88"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">88</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Never before in the history of the world was such a bold
+thing done. These words reflect the spirit of the Revolution.
+They mark the turning point in the history of human
+governments. They proclaim the final establishment of
+the government by the people—the first real government by
+the people that the world ever knew.
+</p>
+
+<span class="tei tei-pb" id="page156">[pg 156]</span><a name="Pg156" id="Pg156" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I wonder if those who criticise the government of America
+who complain that in this country the people have no chance,
+ever read these glowing words of our Constitution. It isn't
+so much the words, but the spirit in which they were made
+a part of our Constitution, the spirit in which the young
+Nation proclaimed to the world eternal separation from
+kingly power.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I find all through the Constitution an expression of grim
+determination to fortify the Nation against any influence
+which would weaken the supreme power of the people, which
+would in any way interfere with the plan to make this a
+government by the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In many provisions of our Constitution we find expressions
+which show how humane America is.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">We hate treason.</span></em> In fact there is no crime so dark, so
+awful, as treason. But in the history of the world, treason
+has meant many things, and unfortunately treason has
+been made not only the instrument of those who sought the
+destruction of the governments, but it has sometimes been
+made the instrument of tyrants in suppressing the rights,
+and in crushing the hopes of the people. It all depends on
+what is meant by treason.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the olden days we find men charged with treason when
+the offense was in fact very slight—perhaps a just resistance
+to the king, perhaps merely an assertion of natural human
+right against the king.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The government of the United States being intended to
+protect the liberties of the people, the Constitution put a
+bar against prosecution for treason, except where the accused
+was actually an enemy of his country, endeavoring to
+aid in the destruction of his country. We are here told what
+treason is:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Treason against the United States, shall consist only in
+</span><span class="tei tei-pb" id="page157">[pg 157]</span><a name="Pg157" id="Pg157" class="tei tei-anchor"></a><span style="font-style: italic">
+levying War against them, or in adhering to their Enemies,
+giving them Aid and Comfort. No person shall be convicted
+of Treason unless on the Testimony of two Witnesses to the
+same overt Act, or on Confession in open Court.</span></span></span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The Congress shall have power to declare the Punishment
+of Treason, but no Attainder of Treason shall work Corruption
+of Blood, or Forfeiture except during the Life of the
+Person Attainted</span></span>.”</span><a id="noteref_89" name="noteref_89" href="#note_89"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">89</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We see all through the Constitution a splendid spirit of
+justice, and a spirit of charity, even toward the guilty. By
+this article of the Constitution, not only is treason defined,
+but any conviction of a person for treason must be upon the
+testimony of at least two witnesses to the same act, or upon
+a confession in open court.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The innocent must not be punished; and the guilty, when
+convicted, shall alone bear the punishment. Treason being
+such a grave offense, Congress may, if it so desires, provide
+very severe penalties, but it cannot attaint the blood, so that
+the children or the grandchildren of the guilty person shall
+suffer as in the olden days; nor shall the right of forfeiture of
+property obtain, except during the life of the person guilty
+of treason.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No one objects to any penalty, however severe, where treason
+is proved, but it is contrary to the spirit of America to
+brand the innocent descendants of one who is guilty of a
+crime. Of course the children of the guilty will always bear
+a certain degree of reproach from their fellowmen, but it is
+not fair that they should be visited with penalties for an
+offense which they themselves never committed. It is the
+spirit of America that each person shall enjoy any position
+in life which he may win by merit and honest endeavor, and
+no obstacle should be placed in his way by the wrong of an
+unfortunate ancestor.
+</p>
+
+<span class="tei tei-pb" id="page158">[pg 158]</span><a name="Pg158" id="Pg158" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. America is a democracy. Why does this mean so much?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What does that phrase bring to mind?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Why did we abolish all titles of nobility?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. What is treason?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Why is it limited so carefully?
+</p>
+
+<span class="tei tei-pb" id="page159">[pg 159]</span><a name="Pg159" id="Pg159" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What was the real purpose of abolishing all titles of nobility?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Why did the founders of the Constitution refuse to permit our representatives
+to accept gifts from abroad?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What acts are treason to-day?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Show how these provisions make for democracy?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">An Illustration of an Act of Treason During the World War</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How A Person May Obtain a Responsible Position in Life</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Laws Which Retard Advancement in Life</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page160">[pg 160]</span><a name="Pg160" id="Pg160" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc47" id="toc47"></a>
+<a name="pdf48" id="pdf48"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXII. Jury, Except In Impeachment</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Criminal Trials, Except Impeachment, To Be By Jury—Equal
+Rights—No Religious Test For Office</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There are still three articles of the Constitution containing
+personal guaranties but the substance of these articles has
+been considered in connection with other articles already discussed.
+They are the following:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The trial of all Crimes, except in Cases of Impeachment,
+shall be by Jury, and such Trial shall be held in the State
+where the said crimes shall have been committed; but when
+not committed within any State, the Trial shall be at such
+Place or Places as the Congress may by Law have directed.</span></span>”</span><a id="noteref_90" name="noteref_90" href="#note_90"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">90</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.</span></span>”</span><a id="noteref_91" name="noteref_91" href="#note_91"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">91</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No religious Test shall ever be required as a Qualification
+to any Office or public Trust under the United States.</span></span>”</span><a id="noteref_92" name="noteref_92" href="#note_92"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">92</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Here again we see emphasized the right of trial by jury.
+I want you to give some thought to this particular right,
+because it applies not only to cases where persons are accused
+of a crime, but also to nearly all cases involving property
+rights.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The ordinary lawsuit, where one person is suing another
+to recover money, property, or damages, is triable by a jury.
+You understand of course the purpose of a trial. As already
+explained the main thing in every trial is to determine the
+truth as to the points in dispute, and the truth in such cases
+under our Constitution is determined, not by judges, but by
+jurors, men from the ordinary walks of life, your neighbors,
+men accustomed to dealing with ordinary human affairs.
+This right is important in aiding a person to have the truth
+<span class="tei tei-pb" id="page161">[pg 161]</span><a name="Pg161" id="Pg161" class="tei tei-anchor"></a>
+properly established; but it is especially important, as I have
+heretofore explained, because it emphasizes the fact that this
+is a government by the people, and that in grave emergencies
+when life, liberty, or property, is in danger, the representatives
+of the common people, selected from the ranks of
+the common people, shall be the judges.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of course I have fully explained to you, and I do not
+wish to have any confusion upon that point, that the judges
+themselves are also representatives of the people, because
+they are elected by the people, or appointed by those agents
+of the people who are elected by the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I have intentionally repeated, sometimes over and over,
+rules and reasons, because we must have them in our minds
+so that they will never be forgotten.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now as above explained, the citizens of each State are
+guaranteed the right to go to another State, and exercise in
+that other State the same rights as the citizens of that State.
+This is in the spirit of America which gives us all equal
+opportunity. A citizen of Massachusetts going to the State
+of Minnesota has the same rights in Minnesota as the citizens
+of Minnesota have. Minnesota could not discriminate
+against him because he was a citizen of another State. Of
+course he could not exercise rights which the citizens of
+Minnesota were not entitled to, but all rights of the citizens
+of Minnesota are guaranteed to him while he is in that State.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now as to the provision which forever bars any religious
+test as the qualification for any office or place of public trust
+under the United States. We have already given serious
+consideration to the great fundamental human privilege
+which the Constitution guards, the right to worship God according
+to the dictates of one's conscience. We have already
+found that regardless of church or creed each person stands
+before the law equal in our country. The older you grow,
+the more fully you realize what religion means to a great
+<span class="tei tei-pb" id="page162">[pg 162]</span><a name="Pg162" id="Pg162" class="tei tei-anchor"></a>
+many people in this world, the more fully you will appreciate
+the blessing which came to humanity in these provisions of
+the Constitution. There are some of us who do not belong
+to any church organization, and yet we are intensely interested,
+because there was a time when every person was compelled
+by law to belong to a church organization, to the state
+church, the state religion. I have already explained that we
+find solemn statutes enacted by the British Parliament, as an
+illustration, which provided for a death penalty for those
+who did not believe in the religion of the state.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+There is no religious test which can be made a qualification
+for any office under the United States; nor for any office
+for any State in the Union. There should be no individual
+discrimination in voting for public officials because of the
+religion or church to which a candidate for office may belong.
+These are sacred, individual rights. Men must be judged by
+their conduct, by their character, by their ability, by their
+capacity to serve the people and their country, not by the
+religion which one may profess.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We must cultivate the spirit of charity toward our neighbors,
+charity which means love, which enables us to maintain
+a proper spirit of toleration for those who differ from us in
+matters of belief.
+</p>
+
+<span class="tei tei-pb" id="page164">[pg 164]</span><a name="Pg164" id="Pg164" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Does a citizen have the same rights in California that he does in
+New York?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why is religious belief never made a qualification for office?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. What is impeachment?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Are judges representatives of the people? Why?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Can the State of Nebraska enact a law imposing a tax upon merchandise
+shipped into Nebraska from any other State?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What is impeachment?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Describe the manner of trial before trial by jury. Compare the
+justice of the ordeal end wager of battle with the jury system.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Show how these provisions make for democracy.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Why is the spirit of charity necessary in a democracy?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Write a paper on the following:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Ordeal</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Wager of Battle</span></p>
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How Englishmen Won the Right to Trial by Jury</span></p>
+</div>
+
+</div>
+
+<span class="tei tei-pb" id="page165">[pg 165]</span><a name="Pg165" id="Pg165" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc49" id="toc49"></a>
+<a name="pdf50" id="pdf50"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXIII. Wrongs Under King George</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Story Of The Colonists In The Declaration Of
+Independence</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When we first read over the numerous guaranties of the
+Constitution protecting the American people in their rights,
+we sometimes wonder why certain provisions were inserted in
+the Constitution. Being born here in America, never having
+been compelled to submit to the abuse of arbitrary power, and
+always having lived under the Constitution, and always being
+guarded by its provisions against the abuse of power, we
+can hardly understand why it was necessary to make so many
+provisions against things which we can hardly imagine ever
+happened in human government.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Whenever you have a chance, read somethings of the governments
+of the world under kings or other absolute rulers.
+In fact, we cannot understand the blessings of our government
+until we know something of what our ancestors were
+compelled to submit to under the governments of the different
+countries of the world a few centuries ago.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+While we have in mind the guaranties of our Constitution,
+it is well for us to have clearly in mind some of the definite
+things which the framers of the Constitution had before
+them, some of the wrongs which the human race had endured
+at the hands of government which the framers of the
+Constitution were determined the people of America would
+never have to endure. You can hardly imagine what little regard
+or consideration was given to human rights in those old
+days now almost forgotten. I am not going to undertake to
+discuss the problems of government in different countries
+the world.<a id="noteref_93" name="noteref_93" href="#note_93"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">93</span></span></a>
+The purpose which I have in mind can be fully
+<span class="tei tei-pb" id="page166">[pg 166]</span><a name="Pg166" id="Pg166" class="tei tei-anchor"></a>
+served by a consideration of the government in this country
+under the king of Great Britain during the years preceding
+the Revolutionary War. You understand, of course, that
+even at that time a great advance had been made in recognizing
+certain rights of the people. In fact, I think it is
+generally recognized that England before the American
+Revolution had attained nearer to a fairly just government
+than any other country in the world up to that time. There
+had been many periods during its history when the people
+had asserted themselves and had forced the recognition of
+certain rights by the government—by the king, and yet it
+was still a government by a king. It was a government
+under a king to which the colonies owed allegiance. It
+was government under a king against which the colonies
+finally revolted. It was government under a king which
+brought. about the Revolution. It was resistance to government
+under a king which inspired the heroes who won the
+liberty of the new world. It was the brutality of a government
+under a king which inspired the framers of the Constitution
+so carefully to guard against the abuses which the
+world had known before liberty had been established on
+American soil. I will not undertake to recite for you the
+things which the people were compelled to endure under
+this government of a king. I will let the people of the
+colonies tell their story. You remember that in 1776, after
+the beginning of the Revolutionary War, the people of the
+Colonies adopted the Declaration of Independence which recites
+in detail the abuses and wrongs they had endured
+under a government by a king. It is one of the most
+dramatic recitals in history. Let these colonies tell their
+own story. I am not going to read the entire Declaration of
+Independence; I am simply going to read the recital therein
+of the wrongs which came to the people, the men, women,
+and children, the human beings, who up to that time were
+<span class="tei tei-pb" id="page167">[pg 167]</span><a name="Pg167" id="Pg167" class="tei tei-anchor"></a>
+compelled to live here in America under the government of
+a king.
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em">
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+The history of the present king of Great Britain is a history of
+repeated injuries and usurpations, all having in direct object the
+establishment of an absolute tyranny over these states. To prove
+this, let facts be submitted to a candid world.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has refused his assent to laws the most wholesome and necessary
+for the public good.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has forbidden his governors to pass laws of immediate and pressing
+importance, unless suspended in their operation till his assent
+should be obtained, and, when so suspended, he has utterly neglected
+to attend to them.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has refused to pass other laws for the accommodation of large
+districts of people, unless those people would relinquish the right of
+representation in the legislature—a right inestimable to them, and
+formidable to tyrants only.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has called together legislative bodies at places unusual, uncomfortable,
+and distant from the repository of their public records for
+the sole purpose of fatiguing them into compliance with his measures.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has dissolved representative houses repeatedly for opposing,
+with manly firmness, his invasions on the rights of the people.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has refused, for a long time after such dissolutions, to cause
+others to be elected; whereby the legislative powers, incapable of
+annihilation, have returned to the people at large for their exercise;
+the state remaining, in the mean time, exposed to all dangers of invasion
+from without, and convulsions within.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has endeavored to prevent the population of these states; for
+that purpose obstructing the laws of naturalization of foreigners;
+refusing to pass others to encourage their migration hither and raising
+the conditions of new appropriations of lands.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has obstructed the administration of justice by refusing his
+assent to laws for establishing judiciary powers.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has made judges dependent on his will alone for the tenure
+of their offices and the amount and payment of their salaries.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has erected a multitude of new offices, and sent hither swarms
+of officers to harass our people and eat out their substance.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has kept among us, in times of peace, standing armies, without
+the consent of our legislatures.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has affected to render the military independent of, and superior
+to, the civil power.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has combined with others to subject us to a jurisdiction foreign
+to our constitution and unacknowledged by our laws, giving his assent
+to their acts of pretended legislation—
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For quartering large bodies of armed troops among us;
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For protecting them, by a mock trial, from punishment for any
+murders which they should commit on the inhabitants of these states;
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For cutting off our trade with all parts of the world;
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For imposing taxes upon us without our consent;
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For depriving us, in many cases, of the benefits of trial by jury;
+</span></p>
+
+<span class="tei tei-pb" id="page168">[pg 168]</span><a name="Pg168" id="Pg168" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For transporting us beyond seas, to be tried for pretended offenses;
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For abolishing the free system of English laws in a neighboring
+province; establishing therein an arbitrary government, and enlarging
+its boundaries, so as to render it at once an example and fit instrument
+for introducing the same absolute rule into these colonies;
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For taking away our charters, abolishing our most valuable laws,
+and altering fundamentally the forms of our government;
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+For suspending our own legislatures, and declaring themselves invested
+with power to legislate for us in all cases whatsoever.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has abdicated government here by declaring us out of his protection
+and waging war against us.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has plundered our seas, ravaged our coasts, burnt our towns,
+and destroyed the lives of our people.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He is, at this time, transporting large armies of foreign mercenaries
+to complete the works of death, desolation and tyranny, already begun,
+with circumstances of cruelty and perfidy scarcely paralleled in the
+most barbarous ages, and totally unworthy the head of a civilised
+nation.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has constrained our fellow-citizens, taken captive on the high
+seas, to bear arms against their country, to become the executioners
+of their friends and brethren, or to fall themselves by their hands.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+He has excited domestic insurrections amongst us, and has endeavored
+to bring on the inhabitants of our frontiers the merciless
+Indian savages, whose known rule of warfare is an undistinguished
+destruction of all ages, sexes and conditions.
+</span></p>
+
+<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">
+In every stage of these oppressions we have petitioned for redress,
+in the most bumble terms; our repeated petitions have been answered
+only by repeated injury. A prince whose character is thus marked by
+every act which may define a tyrant is unfit to be the ruler of a free
+people.
+</span></p>
+
+</div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now, if there be those who are not satisfied under the
+present government of America, let them reflect. Let them
+compare their rights to-day with the rights of the people subjected
+to the repeated <span class="tei tei-q">“injuries and usurpations”</span> so eloquently
+recited by those who founded this government, who
+adopted our Constitution which will forever bar any power
+from exercising <span class="tei tei-q">“a design to reduce them (the people) to
+absolute despotism”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Read through this catalog of wrongs endured by the
+people of the colonies. Then read through the guaranties of
+the Constitution. You will find that in large part the guaranties
+of the Constitution were inspired by the wrongs recited
+by the people when they proclaimed their independence.<a id="noteref_94" name="noteref_94" href="#note_94"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">94</span></span></a>
+</p>
+
+<span class="tei tei-pb" id="page169">[pg 169]</span><a name="Pg169" id="Pg169" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I said that this recital is dramatic. It is also pathetic.
+Listen: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In every stage of these oppressions we have petitioned
+for redress in the most humble terms; our repeated
+petitions have been answered only by repeated injury.</span></span>”</span> Is it
+any wonder that the Constitution of the United States should
+provide that <span class="tei tei-q">“Congress shall make no law ... abridging
+ ... the right ... to petition the Government
+for a redress of grievances”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Is it any wonder that we find in the Constitution guaranties
+of freedom of worship, freedom of speech and of the
+press, the right of the people to bear arms, the right of the
+people to be secure in their persons, houses, and papers, the
+right to a speedy jury trial when accused of crime, and the
+right to a trial in the district where the offense was committed
+instead of being sent beyond the seas? When we
+read of the wrongs endured by the people under the government
+by a king we can readily understand why the people
+put into their Constitution a guaranty that a person no matter
+how poor shall have an attorney to defend him, shall
+have his witnesses brought into court at government expense,
+that excessive bail shall not be required, and cruel and unusual
+punishments shall not be inflicted, that slavery is forever
+abolished on American soil, that the property of every
+person, rich or poor is sacred, and that even the government
+of the United States cannot take it for public use without
+just compensation, that every person shall have equal protection
+of the law, and if wrongfully imprisoned he can
+secure his release by writ of habeas corpus. You can readily
+see that all these guaranties of the Constitution and many
+others which we have been studying were intended to give
+protection to the people from wrongs which the people had
+suffered throughout the world under the different forms
+of government existing before America was born.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+From the stirring story related by the people in the Declaration
+<span class="tei tei-pb" id="page170">[pg 170]</span><a name="Pg170" id="Pg170" class="tei tei-anchor"></a>
+of Independence of the injustice which they had to
+suffer under a king, you can see how carefully future generations
+of people upon American soil were guarded by the
+Constitution against the wrongs which our forefathers had
+endured.
+</p>
+
+<span class="tei tei-pb" id="page171">[pg 171]</span><a name="Pg171" id="Pg171" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. When was the Declaration of Independence signed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. How long did the colonists of America continue under government
+by a king?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. How did it happen to be drawn up?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Compare each sentence of this quotation (pages 167, 168) with the
+guaranties that you have discussed in class.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Discuss in detail the reasons for the coming of the American colonists.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Discuss in detail the contrasts noted in Note 2. Review the previous
+study with reference to our Declaration of Independence.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Write a paper comparing the solution found in the Constitution
+with the grievances noted in the Declaration.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Discuss a method by which this might be brought to the attention of
+the Socialists, Anarchists, and Bolsheviki who are criticising our
+government to-day.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page172">[pg 172]</span><a name="Pg172" id="Pg172" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc51" id="toc51"></a>
+<a name="pdf52" id="pdf52"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXIV. Shall Any Part Be Repealed</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">What Provisions Would You Have Taken Out Of The
+Constitution</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We have discussed the main personal guaranties of the
+Constitution. There is a large part of the Constitution which
+we have not yet considered. Not because I do not regard
+it as important—it is all important—but because the personal
+guaranties are of the highest importance. They constitute a
+Bill of Rights, a bill of individual rights, of your rights and
+my rights. These rights are clearly defined and carefully
+guarded.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I heard a man say the other day that the Constitution
+ought to be abolished, that it was an obstacle to human
+progress.<a id="noteref_95" name="noteref_95" href="#note_95"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">95</span></span></a>
+He did not say why. That is the trouble with
+a lot of people in this world; they are ever ready to destroy,
+but are never ready to aid in building up. Their purpose
+is destruction, not construction. You will hear a great deal
+of complaint about the Constitution. I have heard complaint
+about the Constitution. This is our Constitution. We
+are directly interested in defending it against all attacks
+if it is a good thing for us. If it is a bad thing we are all
+interested in having it repealed. And of course you now
+fully understand that the people have the power to repeal
+every line of the Constitution if they want to.<a id="noteref_96" name="noteref_96" href="#note_96"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">96</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So this morning I wish to submit to you a fair question.
+<em class="tei tei-emph"><span style="font-style: italic">What is there in the Constitution that you think should be
+taken out of the Constitution? What is there that should be
+repealed?</span></em> I do not ask you to answer that question now. I
+want you to think it over carefully. Go over each and every
+word of the Constitution carefully. Talk it over with your
+<span class="tei tei-pb" id="page173">[pg 173]</span><a name="Pg173" id="Pg173" class="tei tei-anchor"></a>
+father and your mother. Talk it over with your friends, the
+boys and girls who are studying this subject with you, and
+some day present to your teacher or to me a statement of
+the part of the Constitution that you think ought to be repealed.
+Of course, to come to a just conclusion on this question
+you must not only look at the language of the Constitution
+but you must take into consideration the purpose of
+each provision of the Constitution. That is why we have
+been studying the Constitution in detail. That is why we
+have considered in a general way something of the problems
+of the human race under the past governments of the world.
+It is after all a simple question—what is good for the people,
+and what is not good for the people. What is good for <em class="tei tei-emph"><span style="font-style: italic">all</span></em>
+the people—not for any special class. The Constitution has
+been in existence, most of it, for considerably more than a
+hundred years. During that more than one hundred years
+what a wonderful development there has been in this country,
+development not alone in property and in wealth, because
+after all that is not the main thing, but development
+in human opportunity! What a wonderful expansion there
+has been of human rights! What a splendid example we
+have had of the maintenance and protection of human liberty!
+What wonderful legislation has been enacted by the
+people during those years to make life easier for the average
+man!<a id="noteref_97" name="noteref_97" href="#note_97"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">97</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Consider all these things and then say frankly whether
+or not any provision of the Constitution should be taken out.
+In other words, would the repeal of any single personal guaranty,
+which we have been considering in these lessons, help
+men, women, and children? Would it make life easier?
+Would human liberty be better protected? Would the objects
+of government, the right to life, liberty, and the pursuit
+of happiness, be more effective?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution is a sacred document, but there is nothing
+<span class="tei tei-pb" id="page174">[pg 174]</span><a name="Pg174" id="Pg174" class="tei tei-anchor"></a>
+more sacred than the right to life and liberty and happiness.
+Therefore do not hesitate to deal fearlessly with the
+Constitution, but deal with it reverently. It was intended as
+an aid to humanity. If it does not serve that purpose it
+should be abolished. If any provision of the Constitution is
+not an aid to humanity in America let us repeal that provision.
+Be fearless; be also cautious. Be careful in any change
+to avoid the ills which we have, that we do not invite other
+and more grievous ills that we know not of.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The American people owe to themselves, to their children,
+and to their country, the solemn duty to give earnest consideration
+to our Constitution. They owe the solemn duty,
+if the Constitution is serving a great purpose for the people
+of America, to defend it against all those who may attack.
+They owe the duty to uphold it and to guard it. It is a
+sacred trust and this trust cannot be executed except through
+intelligence, earnestness, patriotism, and loyalty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Therefore, if there be defects in the Constitution, pick them
+out and let us unite in removing them, because the cause of
+humanity is greater than the cause of fidelity to any law or
+constitution ever enacted by the people.
+</p>
+
+<span class="tei tei-pb" id="page175">[pg 175]</span><a name="Pg175" id="Pg175" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Why are we interested in the Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why should we defend it from all attacks?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. In what way can we best defend the Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Why should we wish to modify it?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Just how can the Constitution be modified?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. What should be the spirit in which we should enter upon the consideration
+of amendments to the Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. Just what should be the argument for any changes?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. Make a list of some of the modifications you think should be made.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+9. Arrange a debate on each one of these.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What is the fallacy of the I. W. W. constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. How would you meet their argument?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. List the standards which should be used to measure the worth of
+any suggestion of amendments to the Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Discuss the process by which former amendments have been made.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Write a paper on any amendments which you think should be
+adopted to take anything out of the Constitution.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page176">[pg 176]</span><a name="Pg176" id="Pg176" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc53" id="toc53"></a>
+<a name="pdf54" id="pdf54"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXV. Amending The Constitution</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Power Of The People—What Provisions Should
+Be Added To It</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This morning we are going to apply another test to the
+Constitution of the United States. I have already asked you
+to analyze and study the Constitution carefully, each provision
+of the Constitution, to see if there be any portion that
+should be taken out. This morning I am going to ask you to
+study the Constitution with a view of determining what, if
+anything, you wish added to the Constitution. Do not assume
+that I em imposing a duty which should only be undertaken
+by some learned lawyer or statesman. This Constitution
+is a Constitution of the whole people and it must be
+upheld and defended, not only by lawyers, judges, and public
+officials, but by the people in every walk of life, by the
+children as well as by fathers and mothers, by the poor as
+well as the rich.<a id="noteref_98" name="noteref_98" href="#note_98"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">98</span></span></a>
+Therefore I come to you who are children
+to-day but who in a few short years will be making the laws
+of this country through your votes at the ballot box. I ask
+you to decide not only what, if anything, should be taken
+out of the Constitution, but I ask what, if anything, should
+be added to the Constitution; and again I want you to form
+your own opinions about this after a careful study, after conference
+with your parents and with your friends. It is a
+strange thing that we seldom hear any one talking to his
+neighbor about the Constitution. People when they get together
+talk about all sorts of things, serious and frivolous,
+but you seldom hear them discussing the gravest problem in
+human life, which is human government. Do not be afraid
+to take up the subject with your friends. Do not be afraid
+<span class="tei tei-pb" id="page177">[pg 177]</span><a name="Pg177" id="Pg177" class="tei tei-anchor"></a>
+to discuss with your friends some provision of the Constitution.
+You are having a special advantage in being able to
+study the Constitution while many of your neighbors never
+had such an opportunity.<a id="noteref_99" name="noteref_99" href="#note_99"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">99</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What can we add to the Constitution which will make it
+more effective as an instrument in the protection of life, liberty,
+and property for us here in America?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Remember, we the American people can add anything to
+the Constitution that we wish. Nineteen amendments to the
+Constitution have already been adopted by the people. Do not
+feel discouraged because it takes a little time to secure the
+adoption of an amendment. The Constitution should not be
+amended hastily, but only after grave thought and earnest
+consideration.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If we can only think of something to add to the Constitution
+which would be a good thing for the whole people of
+America, I will guarantee that we will have no difficulty in
+having it added to the Constitution. Of course it will take
+earnest effort, but shaping the destiny of more than 105,000,000
+people is a grave matter. The Constitution is the
+protection of the rights of each individual and therefore any
+change in the Constitution merits most earnest consideration
+upon the part of each one of us.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Think it over and advise me some day or inform your
+teacher of anything that you can think of which, if added to
+the Constitution, would improve this Nation as a country in
+which the people rule, anything which would make the rule
+of the people more complete. That is the big thing after all—the
+rule of the people, because when the people can rule
+themselves, they ought to get out of life everything which
+they are entitled to by their individual merits, ability, and
+effort. Always keep in mind that there is no way by which a
+government of the people and by the people can equalize opportunity
+for those who will not seek the advantages which
+<span class="tei tei-pb" id="page178">[pg 178]</span><a name="Pg178" id="Pg178" class="tei tei-anchor"></a>
+are open to them. No Constitution and no law can equalize
+industry and idleness. No scheme of government can provide
+bread for those who will not toil. It is impossible that human
+happiness can be guaranteed to those whose lives are spent in
+wickedness and wrongdoing.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So, my friends, after due thought and deliberation, prepare
+your amendments to the Constitution of your country. Do
+not hesitate because you may think that you cannot put them
+in proper form. The form is not important; the idea is the
+great thing. Perhaps it may be that out of the mind and out
+of the heart of some pupil in this school may come some day
+a great idea which, incorporated into the Constitution or the
+law, may bring added blessings to the American people.<a id="noteref_100" name="noteref_100" href="#note_100"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">100</span></span></a> I
+know of no power on earth which can tie the hands of the
+American people in any effort toward enlarging the powers of
+the people, which will better guard life and liberty. We have
+seen how many safeguards were adopted by the framers of the
+Constitution to protect each and everyone of us against the
+abuse of power by the government maintained by the people.
+We have seen how earnestly the framers of the Constitution
+guarded each individual against wrongful conduct on the
+part of any servant of the people in any official position.
+<em class="tei tei-emph"><span style="font-style: italic">Perhaps some one in this class may discover an additional
+guaranty which would be helpful. If so, duty demands that
+the same shall be made part of the fundamental laws of our
+country, the Constitution of the United States.</span></em>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+As you read of America, as you think of its Constitution
+and laws, don't you feel a sense of power, a sense of pride?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If Mr. Allen who owns the big department store on Main
+Street were to come here some morning and make each one
+of you a gift of an interest in his store, if he should make you
+partners with him in his entire business, you would feel
+grateful and proud. What an intense interest you would take
+in the store and all the details. You would talk about it at
+<span class="tei tei-pb" id="page179">[pg 179]</span><a name="Pg179" id="Pg179" class="tei tei-anchor"></a>
+home and to your neighbors and friends. Each of you would
+begin to study the business. You would take pleasure in
+reading about merchandise, prices, and business methods.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Well, we are all partners in this great Nation. Liberty is
+more valuable than merchandise or profits. If someone
+stronger than you should undertake to take away your liberty,
+you would fight for it and die for it if necessary.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Being partners in America, won't you study America?
+Won't you talk about the blessings of America at home and
+to your neighbors? Won't you study the problems of America
+so that each succeeding year it can pay greater profits in
+freedom and justice and righteousness?
+</p>
+
+<span class="tei tei-pb" id="page180">[pg 180]</span><a name="Pg180" id="Pg180" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. What do your parents say about changes in our Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. How would you advise them to act?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Can you tell them how changes in our Constitution can be made?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Why is it necessary that each one of us take a personal interest
+in OUR Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. How would you meet the argument of the radical who wants a
+revolution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. How would you show others that we have a great partnership in
+America?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. What two ways are possible for constitutional amendments?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. List a series of additions that you think should be made to the
+Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Write a paper upon some one amendment to our Constitution that
+you believe to be worthy of adoption.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page181">[pg 181]</span><a name="Pg181" id="Pg181" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc55" id="toc55"></a>
+<a name="pdf56" id="pdf56"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXVI. Machinery Of The Government</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Agencies, Officers, And Methods For Exercising
+Powers Of The National Government</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now my friends, we have reached the end of discussion of
+the personal guaranties of the Constitution—the American
+Bill of Rights.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+As I have heretofore stated, this is the real, important part
+of the Constitution, because it is in a study of these guaranties
+that we fully realize the blessings of our free American
+government. Any one who has earnestly considered this
+great American Bill of Rights can readily answer the question,
+<span class="tei tei-q">“What has America done for me and for my children”</span>?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But I would not have you feel that the other parts of the
+Constitution are of small concern. Each provision of this
+great charter of human rights is very important, and worthy
+of careful study.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Article I of the Constitution provides that all legislative
+powers granted <span class="tei tei-q">“shall be vested in a Congress of the United
+States, which shall consist of a Senate and House of Representatives”</span>.
+Now you will understand of course that up to
+the time the Constitution was adopted, the United States had
+no power; in fact there was no United States. The colonists
+through the Articles of Confederation had attempted to establish
+a Nation which was designated <span class="tei tei-q">“The United States of
+America”</span>, but the result of their efforts was really a confederation,
+and not a real union.<a id="noteref_101" name="noteref_101" href="#note_101"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">101</span></span></a> <em class="tei tei-emph"><span style="font-style: italic">The Nation was formed by
+the adoption of the Constitution.</span></em> The Nation formed was
+in the nature of a partnership. I suppose you know but little
+about partnerships organized by individuals. A partnership
+is generally formed by a written agreement signed by the
+<span class="tei tei-pb" id="page182">[pg 182]</span><a name="Pg182" id="Pg182" class="tei tei-anchor"></a>
+partners. This agreement usually contains provisions as to
+the share or interest of each partner, the power of the partners
+and of the partnership, and the objects and purposes of
+the partnership.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The United States is a partnership between the people and
+the Nation. The Constitution is a partnership agreement
+binding upon all the parties to the agreement. Before the
+adoption of the Constitution the people possessed all the
+power of government and governmental action. The people
+gave some of their power to the Nation, but only a small part
+of the power of the people was given. Always bear in mind
+that the United States—the Nation—has no power, and never
+had any except what the people granted in the Constitution
+and in the amendments thereto.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+You will see in Section 8 of Article I the specific powers
+granted to Congress by the people. They include the following:
+lay and collect taxes; pay debts; provide for defense and
+for the general welfare; borrow money; regulate commerce
+among the States and with foreign nations; provide for naturalization
+and uniform rules of bankruptcy; coin money,
+regulate the value thereof, and fix the standard of weights
+and measures; punish counterfeiting; establish post offices
+and post roads; protect authors and inventors by copyrights
+and patents; establish courts; punish piracies and felonies
+on the high seas; declare war, raise, and support armies; provide
+and maintain a navy; provide for organizing armies, for
+disciplining the militia, and for calling them to serge in certain
+emergencies; exercise exclusive power of legislation <span class="tei tei-q">“over
+such District (not exceeding ten miles square) as may, by
+Cession of particular States, and the acceptance of Congress,
+become the Seat of the Government of the United States”</span>;
+make all laws necessary and proper for carrying into execution
+the foregoing powers <span class="tei tei-q">“and all other Powers vested by this
+<span class="tei tei-pb" id="page183">[pg 183]</span><a name="Pg183" id="Pg183" class="tei tei-anchor"></a>
+Constitution in the Government of the United States, or in
+any Department or Officer thereof.”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So you see large powers were granted by the people to the
+new Nation.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+However, the people were very careful. Nearly every
+government in the world, before the organization of the
+United States, had at times proven false to the people. Many
+governments were false to the people all the time. Indignities
+and abuses were often heaped upon helpless men, women,
+and children. Governments were more often maintained to
+serve royalty or aristocracy than to protect the rights and
+liberties of the common people. Therefore when it came to
+organizing this new Nation, the people were careful to guard
+against the abuses of the past. Thus they not only specified
+definitely the powers conferred upon the United States, but
+(Sections 9 and 10 of Article I) positively stated certain
+things which the United States could not do.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">The people also were suspicious.</span></em> The experience of the
+human race with governments justified this suspicion. When
+the Constitution was submitted to the people, many protested
+that the individual liberties of the people were not sufficiently
+guarded; and before the people consented to ratify the Constitution,
+it was necessary that they should be given assurance
+that upon the ratification of the Constitution, amendments
+would be proposed and submitted to the people, expressing
+clearly the guaranties given to the people against
+improper exercise of power by the National government and
+especially protecting the liberty of all the people. These
+amendments, which constitute the Great American Bill of
+Rights, were proposed by Congress in 1789 and were ratified
+by the States in 1791.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now let us get the foregoing brief summary fixed in our
+minds.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution is a partnership between the
+<span class="tei tei-pb" id="page184">[pg 184]</span><a name="Pg184" id="Pg184" class="tei tei-anchor"></a>
+people and the Nation in which the people (1) grant to the
+Nation certain specific powers; (2) restrain the Nation from
+exercising powers not granted; and (3) in many particulars
+direct the manner in which the powers granted shall be exercised.
+The Constitution also provides for what may be termed
+the <span class="tei tei-q">“machinery of government”</span>. It separates the powers of
+government into three divisions: the legislative, the executive,
+and the judicial. It then provides for the officers (the agents
+or servants of the people), who shall exercise the powers of
+each department, and prescribes certain qualifications for
+such officers, the methods of their selection, and the terms
+of such officers.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In Article I we find certain qualifications for Senators and
+Representatives—the length of their term of service. Senators
+are elected for six years, Representatives for two years.
+There are also certain provisions as to their election, the organization
+of the Senate and House, to some extent the
+method of procedure, and direction as to the exercise of certain
+powers.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Article II of the Constitution fixes certain qualifications
+for President of the United States, the executive head of the
+Nation; provides the manner of the election of the President
+and the Vice President, confers certain powers and duties,
+provides that the term of office of President and Vice President
+shall be four years, and designates the causes for which
+they may be removed by impeachment.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Article III of the Constitution provides for courts and
+judges, and fixes their jurisdiction—their power—and gives
+direction as to trial and penalty in certain cases.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Thus we find that the Constitution guarantees a National
+government (a republican form of government), confers certain
+powers formerly held by the people, provides an executive
+to enforce the powers granted, a legislative body to make
+laws under which the powers may be exercised, and establishes
+<span class="tei tei-pb" id="page185">[pg 185]</span><a name="Pg185" id="Pg185" class="tei tei-anchor"></a>
+courts to construe and apply the laws enacted, to the
+end that human rights and liberties shall be protected.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Let us carry in our minds this picture of the people of the
+colonies, who through generations had struggled with royalty
+to secure the blessings and liberties for which they had come
+to the New World. In the local government of the colonies
+much had been done to apply the principles of liberty, but
+in their relation to the mother country they had endured
+abuses and sufferings, which finally in 1776 found expression
+in the Declaration of Independence.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In an effort to unite their strength they had formed a federation
+of the thirteen States, but their dreams of a free
+country were not realized until in the Constitution they had
+formed the <span class="tei tei-q">“more perfect Union”</span> which was created to
+<span class="tei tei-q">“establish Justice, insure domestic Tranquility, provide for
+the common defence, promote the general Welfare, and
+secure the Blessings of Liberty to ourselves and our Posterity”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now let us bear in mind that the people reserved much of
+their power, which under the plan of government adopted
+was to be used in their respective States under Constitutions
+and laws expressing the will of the people with relation to
+their domestic affairs. At our next meeting, we shall consider
+briefly something of the Constitutions of the States, where
+they come from, and the wonderful purpose they serve in carrying
+out the scheme of the people in actual self government.
+</p>
+
+<span class="tei tei-pb" id="page186">[pg 186]</span><a name="Pg186" id="Pg186" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Why are the individual guaranties of the Constitution so important?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What is meant by legislative power?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. In whom is the legislative power of the United States vested?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. When and how was the Nation formed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. What is a partnership? How is it usually formed?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. From whom did the United States obtain its power?
+</p>
+
+<span class="tei tei-pb" id="page187">[pg 187]</span><a name="Pg187" id="Pg187" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. State the terms of service of: (a) the President, (b) Senators,
+(c) Representatives, (d) the Vice President?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Tell some of the powers conferred by the people upon the United
+States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Into what departments does the Constitution separate the powers
+of government?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. At the time of the adoption of the Constitution, why were the people
+suspicious?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. Name some officers now in service of the National government: (a)
+in the executive department, (b) in the legislative department, (c)
+in the judicial department.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Write a statement of the attitude of the people of the States when
+the Constitution was submitted to them for ratification, what was
+the subject of public discussion, what parties were formed, and what
+was done to secure the consent of the people to ratify the Constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. Write in 100 words or less a summary of what the United States
+Constitution is.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page188">[pg 188]</span><a name="Pg188" id="Pg188" class="tei tei-anchor"></a>
+
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc57" id="toc57"></a>
+<a name="pdf58" id="pdf58"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXVII. State Constitutions</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Grant And Limitations Of Power Expressed By
+The People In The Constitutions Of The States</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Every human organization had a beginning. This is a
+large city in which we now live, but there was a time within
+the memory of men still living, when there was nothing here
+but an unbroken prairie. A log cabin was the first building
+where the city now stands. Then came the cultivated fields.
+A flour mill was erected down on the river bank, then a blacksmith
+shop, a store, a livery stable, some modest dwellings,
+then a school house, and a church. Thus came the little
+village which through the years has slowly grown into the
+present city.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Thus came all the cities, and thus came the States. There
+was a time not so long ago when there were no white people
+within what is now the borders of our State. There was the
+<span class="tei tei-q">“first white settler”</span>, the first cultivated patch of ground, the
+first log house, the little settlements, the lonely log cabins in
+between, and then the State.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Thus were the thirteen colonies founded, and thus were
+founded the thirty-five States which have been admitted to
+the Union since the adoption of the Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Every human organization with any degree of permanence
+has something in the nature of a constitution. It may be in
+writing, it may be oral, or it may rest in a mutual understanding
+expressed only by acts and conduct. It may be
+manifest from customs which have been observed by all the
+members of the group.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The proud boast of America is that it was the first Nation
+in the world which adopted a complete written Constitution
+<span class="tei tei-pb" id="page189">[pg 189]</span><a name="Pg189" id="Pg189" class="tei tei-anchor"></a>
+binding upon the Nation and upon the people, a Constitution
+which provides for courts with the power of restraining the
+Nation and the individual from acts or conduct which violate
+its provisions, designed to guard human rights.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Until the Declaration of Independence in 1776, the colonies
+in their joint efforts for liberty and justice, were called
+the <span class="tei tei-q">“United Colonies”</span>; but after independence was proclaimed,
+this title gave place to that of <span class="tei tei-q">“The United States”</span>.
+Thereupon eleven of the thirteen States adopted Constitutions.
+In two States—Connecticut and Rhode Island by an
+act of the legislature, the existing charters were continued in
+force so far as consistent with independence. These Constitutions
+all came into being before the adoption of the Constitution
+of the United States. Of course they were far from
+perfect, and all have been amended from time to time, so that
+now the Constitution of each State provides a truly American
+system of government.<a id="noteref_102" name="noteref_102" href="#note_102"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">102</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Nothing in the Constitution of the United States requires
+that each State shall have a written Constitution, but the
+wonderful achievement of the people in creating the Constitution
+of the United States has been a guide and inspiration
+to the people of the States, and each State has adopted
+a written State Constitution, following the method and spirit
+of the colonists in the long ago, drafting the Constitution
+in a convention of delegates and ratifying it by another
+special convention or by the vote of all the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then as each new State was admitted to the Union, a Constitution
+was adopted.<a id="noteref_103" name="noteref_103" href="#note_103"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">103</span></span></a> By the Constitution of the United
+States, Congress has the power to admit new States, thus by
+implication controlling the subject matter of the original
+Constitution of each State admitted.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is not my intention to consider in detail the Constitutions
+of the various States. This is not essential to the purpose
+which I have in talking to you. I am very anxious that
+<span class="tei tei-pb" id="page190">[pg 190]</span><a name="Pg190" id="Pg190" class="tei tei-anchor"></a>
+you shall realize that each State is a separate sovereignty; that
+when the people created the United States, and adopted the
+Constitution of the United States, they give to the United
+States limited power; that the plan of government contemplated
+that each State should have its own Constitution; and
+that in each State the people should enact their own laws
+governing the conduct of the people in their respective States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+An examination of the Constitutions of all the States will
+show how carefully the people of each State incorporated in
+their State Constitution the great principles of government,
+and the guaranties of liberty which were so carefully provided
+in the Constitution of the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Different language is used in the different State Constitutions,
+but in each it will be found that the government of
+the State, as of the United States, is divided into three departments—the
+executive, the legislative, and the judicial;
+that the executive power in the States is vested in a Governor;
+that the legislative power rests in what is usually
+termed a <span class="tei tei-q">“General Assembly”</span> consisting of a Senate and a
+House of Representatives, modeled after the Congress of the
+United States; that the judicial power is to be exercised by
+courts—a Supreme Court and other courts designated as District
+Courts, Circuit Courts, and many other titles, varying in
+different States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Public officers, servants of the people, are provided for,
+and usually their selection is by vote of the people at general
+elections for which provision is made.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The really important thing in the State Constitutions, as
+well as in the Constitution of the United States, is the Bill
+of Rights specifically guarding the natural rights and liberties
+of the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The guaranties in the State Constitutions are not all uniform,
+but as a general thing you will find that each State
+has incorporated in its Constitution those sacred guaranties
+<span class="tei tei-pb" id="page191">[pg 191]</span><a name="Pg191" id="Pg191" class="tei tei-anchor"></a>
+which in the Constitution of the United States form the real
+foundation and protection of human liberty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Always bear in mind that the Constitution in each State,
+as in the Nation, is an instrument of fundamental law, or
+body of laws, which prescribes the form of government, fixes
+the different departments of government, provides the
+agencies of government, and declares and guarantees the
+rights and liberties of the people.<a id="noteref_104" name="noteref_104" href="#note_104"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">104</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution of the United States is the Supreme law
+of the land, and the Constitution of each State is the supreme
+law of the State. These Constitutions must be respected, and
+must be obeyed; and any law enacted by the legislature of a
+State or by the Congress of the United States which is contrary
+to the provisions of the Constitution is null and void.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+By their Constitution the people of a State proclaim and
+establish their power superior to the power of the legislature
+of the State or any officer of the State. The power expressed
+in the Constitution is the power of the people. They have,
+by their solemn document—the Constitution—established
+certain rules, regulations, principles, and guaranties, which
+cannot be changed by ordinary legislation.<a id="noteref_105" name="noteref_105" href="#note_105"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">105</span></span></a> Of course the
+people can change and modify the Constitution of State or
+Nation. Every Constitution provides some method of amendment.
+Some States provide for a constitutional convention
+from time to time, where the people through their representatives
+selected for such a purpose assemble to consider the
+question of change or modification. In other States the legislature
+may propose amendments which must be submitted
+to the people for their approval. In all States some procedure
+is provided which requires careful deliberation and consideration
+by the people before the Constitution is changed.<a id="noteref_106" name="noteref_106" href="#note_106"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">106</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now it is very important that every citizen shall have a
+knowledge of the Constitution of his State. It is of the highest
+importance that every man, woman, and child shall know
+<span class="tei tei-pb" id="page192">[pg 192]</span><a name="Pg192" id="Pg192" class="tei tei-anchor"></a>
+and feel the solicitude, the care, which has been exercised in
+the framing of the Constitution to guard individual rights.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+As I have heretofore explained, the purpose of government
+is to guard human rights and human liberty. This is true of
+the government of the United States, and it is true of the
+government of each State. Always keep in mind that in this
+country, what we call <span class="tei tei-q">“the government”</span> is merely an agency
+of the people—an expression of the power of the people in a
+defined way, agreed upon by them, through which they protect
+themselves against wrong by the agencies of government
+which they have created, and against wrong by their neighbors.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Inspiring indeed is it to contemplate the spirit in which
+the founders of the American Nation and of the States of
+America studied the methods by which human rights should
+be protected. They were unselfish; they were in the highest
+degree inspired by a holy purpose to guard the people of
+America against the wrongs, the abuses, the cruelty which
+their ancestors in the past had suffered; and to accomplish
+their purpose they exercised the greatest care to maintain the
+power of government in the people themselves—the power to
+make laws and to enforce them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I suppose it may be said that the highest achievement of
+the American people in creating a National government and
+the governments of the States is expressed in the words of
+Lincoln when he proclaimed this to be <span class="tei tei-q">“a government by the
+people”</span>.
+</p>
+
+<span class="tei tei-pb" id="page193">[pg 193]</span><a name="Pg193" id="Pg193" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. What is a village?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. What is a State?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. When were the colonies first called States?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. What States adopted Constitutions before the adoption and ratification
+of the Constitution of the United States?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Can the people of the State of New York enact a law punishing
+a person for coining silver dollars? Why?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+6. Can Congress pass a law Sting the punishment of a person for
+stealing a horse in the State of Michigan?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+7. When was the State in which we live admitted to the Union?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+8. Who framed the Constitution of this State?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. What is a constitution?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Explain fully how a Constitution of a State comes into, being.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. Must a constitution be in writing? If not, what may be its form?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. State how the Constitution of the United States may be amended.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. In what way may the Constitution of a State be amended?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+F. Write briefly telling the advantages of a written constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+G. State in writing the power of the courts in exercising their power
+and duty of defending the Constitution. Give an illustration.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+H. Write an explanation of the power and influence of the Constitution
+of the United States in guiding the people in framing the Constitutions
+of their States, and in what things the Constitution of the
+States follow the Constitution of the United States.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page194">[pg 194]</span><a name="Pg194" id="Pg194" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc59" id="toc59"></a>
+<a name="pdf60" id="pdf60"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXVIII. The Suffrage</span></h1>
+<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Significance Of The Nineteenth Amendment To
+The Constitution</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This meeting was at night. Some of the parents who had
+attended the talks from time to time had requested that the
+last meeting be held at night so that some of the busy fathers
+and mothers might come. The assembly room was crowded,
+and although extra chairs had been placed in the aisles, there
+were a number of people standing. The principal said that
+it was the largest crowd that he had ever seen in the room.<a id="noteref_107" name="noteref_107" href="#note_107"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">107</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+First everybody arose and sang <span class="tei tei-q">“The Star Spangled Banner”</span>,
+and when the meeting closed, the audience joined in
+singing <span class="tei tei-q">“America”</span>.<a id="noteref_108" name="noteref_108" href="#note_108"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">108</span></span></a>
+The judge was greeted with loud applause.
+He said:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I am happy to-night. This meeting is an inspiration. It
+is a real community meeting, a real American meeting. If
+meetings like this were held once each week or once every
+two weeks in every school building in the United States I
+should not fear socialism or bolshevism or anarchy. Such
+ideas cannot live in a community where the people really
+know each other. There are no class lines here to-night.
+You are too close together. I see a banker over there whom
+I have known for thirty years. He was brought up in this
+city, attended this school, and has spent his whole life here.
+His success in life came to him among old friends in the
+community where he was born. Near him I see a bricklayer.
+I have known him and respected him since boyhood. We
+played on the same baseball team when we were both younger
+and could run faster than we can now. He went to the
+Washington school. The children of these men are in this
+<span class="tei tei-pb" id="page195">[pg 195]</span><a name="Pg195" id="Pg195" class="tei tei-anchor"></a>
+school now. In a few years they will be grown men and
+women doing the work that we shall have to give up soon.<a id="noteref_109" name="noteref_109" href="#note_109"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">109</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So with most of the people in this room to-night. They
+were born here, went to school here, and they have worked
+here all their lives. Some followed one occupation, some
+another. This was a matter of their own choice. Their children
+are now growing up, as they once grew up. Soon they
+will be selecting their life work. Soon they will be voting
+and performing other duties of citizenship. Soon you and I,
+fathers and mothers, will pass off the stage of life. Soon we
+shall be forgotten by all except the few who compose the
+family circle, who love us notwithstanding our faults.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For a few weeks I have been acting as teacher. I have
+been trying hard to bring into the minds and hearts of the
+pupils in this school something of the sacredness of human
+liberty, something of the cost of American liberty, the sacrifices,
+the struggles, the bloodshed, the heartaches, and heartbreaks
+which finally triumphed when our Constitution was
+adopted. I have endeavored to explain that the Constitution
+is not a mere skeleton or framework, defining the relation of
+the Nation and the States and providing for the election of
+officers to carry out the plans of the National government. I
+have repeatedly told the great truth that in America there is
+more freedom, justice, charity, and kindness than in any
+other Nation in the world. I have pointed out that in America
+we have in our Constitution written guaranties of life,
+liberty, and property rights such as no other Nation in the
+history of the world ever had. We have found that this is a
+government by the people, that the people rule, that the few
+cannot rule unless the many refuse to perform their duties as
+citizens of this great republic. Oh! if we can only put in
+the hearts of the American people a realization of the <em class="tei tei-emph"><span style="font-style: italic">power</span></em>
+and the <em class="tei tei-emph"><span style="font-style: italic">duty</span></em> of the people!
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To-night I wish to present briefly something of the manner
+<span class="tei tei-pb" id="page196">[pg 196]</span><a name="Pg196" id="Pg196" class="tei tei-anchor"></a>
+in which the people express their power, the method by which
+the people disclose their wishes in public affairs. The Star
+Baseball Club, the Irving Literary Society, the City Teachers
+Association, the Woman's Club, the Charity Guild, these are
+all mere organisations of people. <em class="tei tei-emph"><span style="font-style: italic">That is all that America is.</span></em>
+These organizations have written constitutions. <em class="tei tei-emph"><span style="font-style: italic">So has America.</span></em>
+These organizations must have laws or rules of conduct,
+aside from their constitutions. <em class="tei tei-emph"><span style="font-style: italic">So must America.</span></em> These societies
+must have a policy and transact business. <em class="tei tei-emph"><span style="font-style: italic">So must
+America.</span></em> In adopting laws or rules of conduct these societies
+secure an expression of the wishes of their members. These
+wishes are generally expressed by their votes, sometimes by
+ballot and sometimes orally in a meeting.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+America secures an expression of the wishes of the people
+by their votes. The votes of the people either in writing or
+printed are cast on election days fixed by laws enacted
+through the vote of the people. In no other way can the
+wishes of the people be made known. It, is through the
+ballot that the people exercise their powers. It is through the
+ballot that America is governed.<a id="noteref_110" name="noteref_110" href="#note_110"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">110</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I wonder if the people of America generally realize what
+a wonderful thing it is that a government as large as ours
+must depend entirely upon the wishes of the people expressed
+by their vote on election day. I wonder if they realize that
+in this way the people rule. On election day we see something
+of the equality of the people. If you go near the
+polling place, you will see the president of the bank, perhaps,
+or the president of the railroad walking side by side with
+the hodcarrier or the brakeman on the train. In the voting
+booth each has the same power in helping to shape the destiny
+of their country.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In a way this is a new method of government. Only in a
+country where there is a government by the people do we
+find such a thing as the right of all men regardless of property,
+<span class="tei tei-pb" id="page197">[pg 197]</span><a name="Pg197" id="Pg197" class="tei tei-anchor"></a>
+race, or creed to exercise the same power in the ballot
+box.<a id="noteref_111" name="noteref_111" href="#note_111"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">111</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+From the beginning America has led in granting the right
+of suffrage, the right to vote. In the early days in some of
+the States a man had to own a certain amount of property before
+he could vote, but this has not been true for more than
+fifty years. <em class="tei tei-emph"><span style="font-style: italic">Now a new day has come.</span></em> After a struggle for
+generations, the right to vote has been conferred upon all
+female citizens, regardless of property, social position, religion,
+or race. It has been a long struggle and now that victory
+has been won for equal suffrage, is there anyone who will
+still contend that in this country the people do not rule?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Who has conferred this great privilege upon the women of
+America? The voters of America decided that every State
+should grant this privilege.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The amendment to the Constitution is as follows:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The right of citizens of the United States to vote shall not
+be denied or abridged by the United States or by any State on
+account of sex.</span></span>”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The people did not vote directly upon this constitutional
+amendment, but they voted for the members of the House
+and the members of the Senate who voted for the amendment
+and they voted for the members of the legislatures of the different
+States which ratified the amendment. Thus the responsibility
+rests with the people. This is true of course as
+to nearly all the laws enacted by State and Nation—the people
+do not vote directly upon them, but they select their
+agents, who, under the law, are authorized to act for them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Under this amendment we have the written guaranty in
+the Constitution that so far as men and women are concerned
+they shall have equal rights to vote.<a id="noteref_112" name="noteref_112" href="#note_112"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">112</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Perhaps you were not in favor of woman suffrage. Many
+good men and women were opposed to it. Many are still
+opposed to it. This is a good illustration of the way we do
+<span class="tei tei-pb" id="page198">[pg 198]</span><a name="Pg198" id="Pg198" class="tei tei-anchor"></a>
+things in a democracy. We have different temperaments,
+different dispositions. We are reared in different surroundings.
+We have different interests. We look at life in different
+ways. Each of us has a right to his opinion and each of
+us has the right to express it by our vote. When we finally
+vote, a decision is made. If we belong to the majority, we
+find that our wish is carried out. If we are in the minority,
+we cheerfully follow what the majority of the people, what
+most of the people in America desire.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The thing that I wish to impress to-night is that to vote
+on election day is not only a right, it is a duty. Whether we
+were for woman suffrage or not it has come. It is settled. It
+brings into power twenty-seven million new voters. Each of
+these women, whether she desires it or not, must assume this
+new share of the responsibilities of government. It is a patriotic
+duty. At every election we must cast our votes. Before
+every election we must study the issues, the problems to
+be met. Unless we do that we are failing in patriotism and
+loyalty. Unless we vote we are not good citizens.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now I must close. I hope that the talks I have given in
+this school have planted in the hearts of boys and girls, and
+possibly in the hearts of grown men and women, something
+of the simple truth of American life, something perhaps of
+the privileges of American citizenship and something of the
+duties that we all owe in return.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+I have promised the principal of this school that next term
+I will again appear and present some new topics. I wish to
+talk to the boys and girls about authority and obedience, the
+source of authority and the duty of obedience. I wish also
+to talk about the making of laws, the origin of laws, how
+they are put in form and finally enacted by the people. I
+wish to talk about our public servants, because one of the important
+things for each citizen to know is that from the President
+of the United States down to the constable of the humblest
+<span class="tei tei-pb" id="page199">[pg 199]</span><a name="Pg199" id="Pg199" class="tei tei-anchor"></a>
+village, all officers are mere servants of the people and
+that no officer in America is in his official capacity master
+of any man, woman, or child. I wish to impress as far as I
+am able the great truth expressed by Chief Justice Marshall
+when he said long years ago, <span class="tei tei-q">“This is a government of laws
+and not of men.”</span>
+</p>
+
+<span class="tei tei-pb" id="page200">[pg 200]</span><a name="Pg200" id="Pg200" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ELEMENTARY QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Show the ways in which the United States is just like a small club?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+2. Why must we always vote?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+3. Why is it right that women should vote?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+4. Show that this is more than a privilege: it is a duty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+5. Imagine some person saying that America is only for the rich. Review
+all the work that we have done, and show how it is just as fair
+to the poor man as to the rich.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ADVANCED QUESTIONS
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A. Re-read the questions to chapters one and two. Note the difference
+in your answers.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+B. Map out a program so that you can show to all critics of America the
+<span class="tei tei-pb" id="page201">[pg 201]</span><a name="Pg201" id="Pg201" class="tei tei-anchor"></a>
+ways in which the Constitution of the United States gives to all
+Americans the rights to LIFE, LIBERTY, and the PURSUIT OF
+HAPPINESS.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+C. You can now answer fully the question, <span class="tei tei-q">“Why is America the most
+free and most just Nation on the globe?”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+D. What did Chief Justice Marshall mean when he said, <span class="tei tei-q">“This is a
+government of laws, and not of men.”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+E. Prepare in writing a constitution for the <span class="tei tei-q">“Lincoln Debating Club”</span>.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page202">[pg 202]</span><a name="Pg202" id="Pg202" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc61" id="toc61"></a>
+<a name="pdf62" id="pdf62"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">A Word To The The Teachers And Others</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The very essence of civil liberty certainly consists in the
+right of every individual to claim the protection of the laws
+whenever he receives an injury. One of the first duties of
+government is to afford that protection. The Government
+of the United States has been emphatically termed, a government
+of laws, and not of men. It will certainly cease to
+deserve this high appellation, if the laws furnish no remedy
+for the violation of a vested legal right.”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+These words of Chief Justice Marshall in Marbury v. Madison,
+1 Cranch, 137, are the most significant and far reaching
+in their effect upon human government that were ever
+uttered by the lips of man.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A government of laws and not of men.”</span> This expresses
+the fundamental difference between the government of this
+great American republic and all other systems of government
+devised by man before the Constitution of the United
+States came into being.<a id="noteref_113" name="noteref_113" href="#note_113"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">113</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Government has been the great problem of the human
+race throughout all the ages since mankind first started out
+upon the great highway of life. The greatest problem men
+have ever been called upon to solve is <span class="tei tei-q">“how they might live
+together in communities without cutting each others
+throats”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+As we look back at the warring world of yesterday, yea as
+we look at the warring world to-day (1920), we are reminded
+that the history of the human family tells a long, sad story
+of war and bloodshed and death. The path which humanity
+has traveled stretches back into the dim distance, a long
+<span class="tei tei-pb" id="page203">[pg 203]</span><a name="Pg203" id="Pg203" class="tei tei-anchor"></a>
+gleaming line of white human bones. The flowers, the trees,
+and the shrubs along the way have been nurtured by the red
+blood that flowed from human hearts. All over the world the
+battle has waged; away down in Egypt where the Nile scatters
+her riches; upon the banks of the Tiber which for centuries
+has reflected the majesty of Rome; upon the heights above the
+castle crowned Rhine; on the banks of the peaceful Thames;
+and upon the prairies that sweep back from the Father of
+Waters, men have fought and died. In the field and in the
+forest, by the sweet running brook, and upon the burning
+sands, in the mountain pass, and in the stony streets of the
+populous city, within the chancel rail of holy churches, and
+at the dark entrance to the Bastile—in all these places, and in
+a thousand more, the hand of the oppressed has been lifted
+against the oppressor, the right to be free that God gave to
+men has struggled with the power which might has given,
+and, alas! so often might has triumphed, and the slave, sick
+at heart, has been scourged to his dungeon. On a thousand
+hillsides burning fagots have consumed men who dared to
+dream of freedom, and in dark and slimy prison cells where
+God's sunlight seldom entered, men have rotten with clanking
+chains upon their limbs because they dared to ask for
+the rights of freemen.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the olden days force ruled the world; the king, the
+crown, the scepter, were the insignia of power. All about
+were the instruments of force, the cannon, the moated castle,
+the marching armies of the king.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+And so it was until the American Nation was born, a Nation
+founded by exiles who were fleeing from oppression,
+from unrestrained power, exiles who dreamed of establishing
+a Nation, exiles with stout hearts and with strong hands
+with which to build it—a Nation where there would be no
+master and no slaves, where the citizen would rule and not
+the soldier, where the home and the school and not the castle
+<span class="tei tei-pb" id="page204">[pg 204]</span><a name="Pg204" id="Pg204" class="tei tei-anchor"></a>
+would stand as the citadel of the Nation, where the steel
+would at last be molded into plowshares, and not into swords,
+where, instead of martial music, the song of the plowboy and
+the hum of the spinning wheel would greet the ear, where
+lust for power would be dethroned and brute force strangled,
+where love would rule and not brutality, where justice and
+not vengeance would be the end of judicial investigation,
+where the rights of men to live and to enjoy the fruits of
+their labor would be recognized. This was the dream of the
+fathers of the republic as they laid the foundation in the
+long ago.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But this dream never would have been realized had it not
+been for the recognition of that great constitutional principle,
+announced by Chief Justice Marshall, that in this Nation the
+law is supreme; not supreme alone with the citizen, but supreme
+with the Nation and the States that compose the Nation;
+not supreme with the humble toiler, but supreme with
+the richest and the strongest; not supreme in theory, but
+supreme in truth and in fact.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This great principle of the supremacy of the law finds its
+origin in that immortal document, the Constitution of the
+United States.<a id="noteref_114" name="noteref_114" href="#note_114"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">114</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Few there are in these modern days who fully appreciate
+the wonderful blessings of a written Constitution which gives
+recognition to the fundamental natural rights of man, and
+provides guaranties against the invasion of these rights.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Gladstone, the eminent statesman, said:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%">
+It (the American Constitution) is the greatest work ever struck off at
+any one time by the mind and purpose of man.
+</span></div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+An eminent lawyer has said:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%">
+It has been the priceless adjunct of free government, the mighty
+shield of the rights and liberties of the citizen. It has been many times
+invoked to save him from illegal punishment, and save his property
+from the greed of unscrupulous enemies, and to save his political fights
+from the unbridled license of victorious political opponents controlling
+</span><span class="tei tei-pb" id="page205">[pg 205]</span><a name="Pg205" id="Pg205" class="tei tei-anchor"></a><span style="font-size: 90%">
+legislative bodies; nor does it sleep, except as a sword dedicated to a
+righteous cause sleeps in its scabbard.
+</span></div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Horace Binney says:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%">
+What were the States before the Union? The hope of their enemies,
+the fear of their friends, and arrested only by the Constitution from
+becoming the shame of the world.
+</span></div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Sir Henry Maine gives the following estimate of the Constitution:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%">
+It isn't at all easy to bring home to the men of the present day, how
+low the credit of the Republic had sunk before the establishment of the
+United States.... Its success has been so great and striking,
+that men have almost forgotten, that if the whole, or the known experiments
+of mankind in governments be looked at together, there has been
+no form of government so successful as the republican.
+</span></div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Justice Mitchell of Pennsylvania, some twenty odd years
+ago said:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%">
+A century and a decade has passed since the Constitution of the United
+States was adopted. Dynasties have arisen and fallen, boundaries have
+extended and shrunken 'till continents seem almost the playthings of
+imagination and war; nationalities have been asserted and subdued;
+governments built up only to be overthrown, and the kingdoms of the
+earth from the Pillars of Hercules to the Yellow Sea have been shaken
+to their foundations. Through all this change and obstruction, the
+Republic, shortest lived of all forms of government in the prior history
+of the world, surviving the perils of foreign and domestic war, has endured
+and flourished.
+</span></div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+And yet, it is true, <span class="tei tei-q">“and pity 'tis, 'tis true”</span>, that in these
+days there seems to be a great lack of confidence, nay even a
+feeling of contempt existing in the minds and hearts of many
+men for this great charter of human liberty. Men born to
+the blessings of freedom, men who do not stop to think about
+the cost of freedom, men who do not realize that this Nation
+is not the child of chance, but that it is the outgrowth of
+centuries of tears and blood and sacrifice in the cause of
+human freedom—these men assume an attitude of criticism,
+and would, by destroying the Constitution, fly from the
+<span class="tei tei-q">“ills we have”</span> and open their arms to evils <span class="tei tei-q">“we know not of”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+And this feeling, this unrest, this spirit of criticism, is not
+limited to the ignorant, nor the lowly. Many men and women
+of education and culture are prominent in the ranks of those
+who raise their voices in reckless condemnation.
+</p>
+
+<span class="tei tei-pb" id="page206">[pg 206]</span><a name="Pg206" id="Pg206" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+What is the source of this widespread feeling?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For several years before the World War, we were passing
+through a period of readjustment in the political and social
+life of the Nation. Many people felt that privilege was too
+strongly entrenched in governmental favor. A noble feeling
+of sympathy for the weak and the unfortunate created a demand
+for social justice. A great political party was thrown
+out of power. Out of all this came appeals for legislation,
+most of it inspired by the highest motives, but much of it
+impractical and visionary, some of it so framed that in providing
+a benefit for a certain class, the rights of some other
+class were forgotten. Often it became necessary to recall the
+provisions of the Constitution, and some times it was used
+as a bar to the enactment of measures which were inspired
+only by the loftiest motives. Under such circumstances it is
+only natural that those intensely interested, seeing only from
+one standpoint, not understanding perhaps the far reaching
+effect of their favorite measures, should cry out at the limitations
+imposed by the Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then again courts are sometimes compelled, under their
+sworn duty to defend the Constitution, to hold that a legislative
+enactment is unconstitutional and void, because it violates
+some of the principles of that great document, created,
+not by courts, not by presidents, but by the people themselves
+for their own guidance and protection.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But Chief Justice White gives the strongest reason for this
+feeling of contempt for the Constitution. He says:
+</p>
+
+<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%">
+There is great danger, it seems to me, to arise, from the constant
+habit which prevails where anything is opposed or objected to, of resorting
+without rhyme or reason, to the Constitution as a means of preventing
+its accomplishment, thus creating the general impression that
+the Constitution is but a barrier to progress, instead of being the broad
+highway through which alone true progress, may be enjoyed.
+</span></div>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Not only is this true, but unfortunately it is also true that
+every base murderer who begins to feel the rope tighten
+about his neck can find some lawyer who can devise some alleged
+<span class="tei tei-pb" id="page207">[pg 207]</span><a name="Pg207" id="Pg207" class="tei tei-anchor"></a>
+constitutional reason why his client should not hang.
+The courts are constantly engaged in defending the Constitution
+against these base and unworthy attempts to defeat
+justice.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then upon every hand are those who hate authority, who
+despise law and order, and who denounce the Constitution because
+it stands between them and a realization of their greedy,
+vicious purposes.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Justice White further says that there is <span class="tei tei-q">“a growing tendency
+to suppose that every wrong that exists, despite the
+system, and which would be many times worse if the system
+did not exist, is attributable to it, and therefore that the
+Constitution should be disregarded or over-thrown”</span>.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The foregoing are some, but not all of the causes which
+weaken the faith of the people in the Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Now recognizing that there is in this Nation a lack of respect
+for the Constitution, and knowing something of the
+causes which underlie this feeling, and realizing that the Constitution
+is in very truth the fortress and the glory of our
+republic, what is our duty?
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The duty of every man, woman, and child in America is
+to defend the Constitution with his life, if necessary, against
+those who condemn and traduce and seek to destroy.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+But how shall we defend it? Shall we oppose all amendments
+of the Constitution? No, by its very terms it is subject
+to amendment; but in contemplating its amendment, we
+should approach this sacred document in the same reverent
+spirit we would have if we were entering upon some holy
+shrine. It is the people's Constitution; it is their right to
+amend it. Yea, it is their duty to amend it, if upon due deliberation,
+the rights of the whole people can be better protected
+or enforced.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Complaint is sometimes made because of the delay involved
+in its amendment; but the provisions of the Constitution requiring
+<span class="tei tei-pb" id="page208">[pg 208]</span><a name="Pg208" id="Pg208" class="tei tei-anchor"></a>
+deliberation were wisely inserted. It was intended
+that fundamental principles should not be changed under
+the inspiration of sudden passion. It contemplated mature
+deliberation. The fathers of the Republic were mindful of
+the storms which at times in the history of the world had
+swept the people to destruction.<a id="noteref_115" name="noteref_115" href="#note_115"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">115</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Shall we rebuke the people who seek reforms? <em class="tei tei-emph"><span style="font-style: italic">Shall we
+decry progress or change?</span></em> No, we should be the leaders in
+all such reforms. We should aid in guiding public sentiment
+along channels safe and sound and constitutional. We
+should give recognition to the appeals of those who would
+lighten the burdens of our brothers who may be heavy laden.
+We should aid in convincing the people that the Constitution
+is no restraint upon their aspirations for higher and better
+things; that it is in truth the guide and inspiration to
+better things.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Shall we condemn those who through lack of knowledge
+do not appreciate the great value of the Constitution? No,
+we should teach them. We should lead them. We should
+inspire them with love and veneration for this great bulwark
+of human freedom.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We must in very truth become teachers of all the people.
+We must carry to them the light of our knowledge.
+We must point
+out to them the rocks upon which other republics have been
+wrecked.<a id="noteref_116" name="noteref_116" href="#note_116"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">116</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We must teach them that in the Constitution we find an
+absolute guaranty of protection for life, for liberty, and for
+property rights. That there is no man so lowly, that he cannot
+point to the Constitution as his shield from the acts of the
+tyrant, that he cannot point to his humble home as his
+<span class="tei tei-q">“castle”</span>, and under the sacred guaranties of the Constitution
+defy all the unlawful force of the world.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We must teach them that it guarantees the inviolability of
+<span class="tei tei-pb" id="page209">[pg 209]</span><a name="Pg209" id="Pg209" class="tei tei-anchor"></a>
+contracts, that it prevents even a great State from taking the
+life or property of its humblest citizen without a trial under
+due process of law, that trial by jury is preserved, and that
+no man can be convicted of a crime without the privilege of
+being represented by counsel, and that no man can be compelled
+to be a witness against himself.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We must recall to them the awful tragedies enacted in the
+days of old, where, under Star Chamber proceedings, men
+were deprived of their property and their lives upon charges
+of treason, which were never proven; and then we must point
+out to them the burning words of the Constitution, which
+provides that no man can be found guilty of treason without
+at least two witnesses to the overt act.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We must impress upon them the great truth, that there
+is not now, and never has been, a system of government
+which can abolish sorrow, or sickness, or stay the hand of
+death. That no government can help men who will not
+help themselves; that there is no way in which any government
+can bring riches to the indolent, nor bread to those who
+will not toil. We must combat the false philosophy which
+assumes that all men are equal in all things, because men are
+not equal, except as under the Constitution they are equal
+before the law. No system of legislation and no method of
+government can equalize the strong with the weak, the wise
+with the simple, the good with the bad. While God gives to
+some men wisdom and shrewdness which others do not possess,
+while some are broad shouldered, with muscles of steel,
+and others are frail, and tremble as they walk, there will always
+be riches, there will always be poverty, and any scheme
+for equalizing the possessions of men is but an idle dream
+which never can be realized until men are made over into
+beings without passion or pride or ambition or selfishness.
+Do not let them feel that its provisions are intended to protect
+only the rich and powerful. If the right of a railway
+<span class="tei tei-pb" id="page210">[pg 210]</span><a name="Pg210" id="Pg210" class="tei tei-anchor"></a>
+corporation to certain lands is sustained under some constitutional
+provision, do not allow the people to assume that this
+provision exists only for corporations, but impress upon them
+that the same constitutional provision which protects the railway
+company in its rights, may be invoked in defense of the
+little homestead out upon the prairies.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If some desperado should be acquitted because he invoked
+the constitutional requirement that he upon his trial must be
+confronted by the witnesses against him, remind those who
+criticise that this same provision is made for their sons who
+may to-morrow be unjustly charged with a crime; impress
+upon them that it is impossible to have one law for the
+guilty, and another for the innocent; and that under our
+Constitution, every man is presumed to be innocent until
+proven to be guilty.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Then impress upon the people something of the wonderful
+growth of the Nation, the development of the Nation, and
+the progress of the Nation—all under the wise protection of
+the Constitution. To those who may be discouraged in the
+battle of life, and who may attribute their failure to the injustice
+of social conditions, point out what other men have
+done under the same conditions, with no better opportunity,
+and ask them to ponder the question as to whether their failure
+is not to be attributed largely to their own lack of energy
+and determination.<a id="noteref_117" name="noteref_117" href="#note_117"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">117</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+And if they point out abuses which do exist, ask them to
+aid in eliminating these abuses. If half the energy which
+is exerted by earnest, but misguided people, in efforts to tear
+down our form of government, were honestly applied in an
+effort to remedy existing evils in a constitutional way, these
+people would show that they were patriots, and at the same
+time they would accomplish something for their country and
+their fellowmen.<a id="noteref_118" name="noteref_118" href="#note_118"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">118</span></span></a>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">Too long have we been silent</span></em> while the enemies of our
+<span class="tei tei-pb" id="page211">[pg 211]</span><a name="Pg211" id="Pg211" class="tei tei-anchor"></a>
+country have poisoned the minds of youth, yea, and of manhood
+and womanhood, with the gospel of treason.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Those who despise and condemn the Constitution have in
+the past ten years had more earnest students of their vicious
+doctrines than have those who uphold the Constitution and
+prize their liberties which the Constitution guards and protects.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+All over the land earnest men and women are endeavoring
+to teach the great truth of Americanism, and with substantial
+success; but those who understand human nature realize that
+the faith of our fathers can only be firmly established by
+lighting the fires of patriotism and loyalty in the hearts of
+our children. Through them the great truths of our National
+life can be brought into the homes of the land.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+And the Nation will never be safe until the Constitution
+is carried into the homes, until at every fireside young and
+old shall feel a new sense of security in the guaranties which
+are found in this great charter of human liberty, and a new
+feeling of gratitude for the blessings which it assures to this,
+and to all future generations.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page213">[pg 213]</span><a name="Pg213" id="Pg213" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc63" id="toc63"></a>
+<a name="pdf64" id="pdf64"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Declaration Of Independence</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When in the Course of human events, it becomes necessary for one
+people to dissolve the political bands which have connected them with
+another, and to assume among the Powers of the earth, the separate
+and equal station to which the Laws of Nature and of Nature's God
+entitle them, a decent respect to the opinions of mankind requires that
+they should declare the causes which impel them to the separation.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We hold these truths to be self-evident, that all men are created equal,
+that they are endowed by their Creator with certain unalienable Rights,
+that among these are Life, Liberty and the pursuit of Happiness. That
+to secure these rights, Governments are instituted among Men, deriving
+their just powers from the consent of the governed. That whenever any
+form of Government becomes destructive of these ends, it is the Right
+of the People to alter or abolish it, and to institute new Government,
+laying its foundation on such principles and organizing its powers in such
+form, as to them shall seem most likely to effect their Safety and Happiness.
+Prudence, indeed, will dictate that Governments long established
+should not be changed for light and transient causes; and accordingly all
+experience hath shown, that mankind are more disposed to suffer, while
+evils are sufferable, than to right themselves by abolishing the forms to
+which they are accustomed. But when a long train of abuses and usurpations,
+pursuing invariably the same Object evinces a design to reduce them
+under absolute Despotism, it is their right, it is their duty, to throw off
+such Government, and to provide new Guards for their future security.—Such
+has been the patient sufferance of these Colonies; and such is now
+the necessity which constrains them to alter their former Systems of
+Government. The history of the present King of Great Britain is a
+history of repeated injuries and usurpations, all having in direct object
+the establishment of an absolute Tyranny over these States. To prove
+this, let Facts be submitted to a candid world.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has refused his Assent to Laws, the most wholesome and necessary
+for the public good.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has forbidden his Governors to pass Laws of immediate and pressing
+importance, unless suspended in their operation till his Assent should
+be obtained; and when so suspended, he has utterly neglected to attend
+to them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has refused to pass other Laws for the accommodation of large
+districts of people, unless those people would relinquish the right of Representation
+in the Legislature, a right inestimable to them and formidable
+to tyrants only.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has called together legislative bodies at places unusual, uncomfortable,
+and distant from the depository of their Public Records, for
+the sole purpose of fatiguing them into compliance with his measures.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has dissolved Representative Houses repeatedly, for opposing with
+manly firmness his invasion on the rights of the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has refused for a long time, after such dissolutions, to cause others
+to be elected; whereby the Legislative Powers, incapable of Annihilation,
+have returned to the People at large for their exercise; the State remaining
+<span class="tei tei-pb" id="page214">[pg 214]</span><a name="Pg214" id="Pg214" class="tei tei-anchor"></a>
+in the mean time exposed to all the dangers of invasion from without,
+and convulsions within.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has endeavoured to prevent the population of these States; for that
+purpose obstructing the Laws for Naturalization of Foreigners; refusing
+to pass others to encourage their migration hither, and raising the
+conditions of new Appropriations of Lands.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has obstructed the Administration of Justice, by refusing his
+Assent to Laws for establishing Judiciary Powers.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has made Judges dependent on his Will alone, for the tenure of
+their offices, and the amount and payment of their salaries.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has erected a multitude of New Offices, and sent hither swarms of
+officers to harass our People, and eat out their substance.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has kept among us, in times of peace, Standing Armies without
+the Consent of our legislature.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has affected to render the Military independent of and superior
+to the Civil Power.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has combined with others to subject us to a jurisdiction foreign to
+our constitution, and unacknowledged by our laws; giving his Assent to
+their Acts of pretended Legislation:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For quartering large bodies of armed troops among us:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For protecting them, by a mock Trial, from Punishment for any Murders
+which they should commit on the Inhabitants of these States:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For cutting off our Trade with all parts of the world:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For imposing taxes on us without our Consent:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For depriving us in many cases, of the benefits of Trial by Jury:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For transporting us beyond Seas to be tried for pretended offences:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For abolishing the free System of English Laws in a neighbouring
+Province, establishing therein an Arbitrary government, and enlarging its
+Boundaries so as to render it at once an example and fit instrument for
+introducing the same absolute rule into these Colonies.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For taking away our Charters, abolishing our most valuable Laws,
+and altering fundamentally the Forms of our Government:
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+For suspending our own Legislatures, and declaring themselves invested
+with Power to legislate for us in all cases whatsoever.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has abdicated Government here, by declaring us out of his Protection
+and waging War against us.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has plundered our seas, ravaged our Coasts, burnt our towns, and
+destroyed the lives of our people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He is at this time transporting large armies of foreign mercenaries to
+compleat the works of death, desolation and tyranny, already begun with
+circumstances of Cruelty &amp; perfidy scarcely parallel in the most barbarous
+ages, and totally unworthy the Head of a civilized nation.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has constrained our fellow Citizens taken Captive on the high
+Seas to bear Arms against their Country, to become the executioners of
+their friends and Brethren, or to fall themselves by their Hands.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He has excited domestic insurrections amongst us, and has endeavoured
+to bring on the inhabitants of our frontiers, the merciless Indian Savages,
+whose known rule of warfare, is an undistinguished destruction of
+all ages, sexes and conditions.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In every stage of these Oppressions We have Petitioned for Redress
+in the most humble terms: Our repeated Petitions have been answered
+only by repeated injury. A Prince, whose character is thus marked by
+every act which may define a Tyrant, is unfit to be the ruler of a
+free People.
+</p>
+
+<span class="tei tei-pb" id="page215">[pg 215]</span><a name="Pg215" id="Pg215" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Nor have We been wanting in attention to our British brethren. We
+have warned them from time to time of attempts by their legislature to
+extend an unwarrantable jurisdiction over us. We have reminded them
+of the circumstances of our emigration and settlement here. We have
+appealed to their native justice and magnanimity, and we have conjured
+them by the ties of our common kindred to disavow these
+usurpations, which would inevitably interrupt our connections and correspondence.
+They too have been deaf to the voice of justice and of consanguinity.
+We must, therefore, acquiesce in the necessity, which denounces
+our Separation, and hold them, as we hold the rest of mankind,
+Enemies in War, in Peace Friends.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We, therefore, the Representatives of the united States of America, in
+General Congress, Assembled, appealing to the Supreme Judge of the
+world for the rectitude of our intentions, do, in the Name, and by
+Authority of the good People of these Colonies, solemnly publish and
+declare, That these United Colonies are, and of Right ought to be Free
+and Independent States; that they are Absolved from all Allegiance to
+the British Crown, and that all political connection between them and
+the State of Great Britain, is and ought to be totally dissolved; and that
+as Free and Independent States, they have full Power to levy War,
+conclude Peace, contract Alliances, establish Commerce, and to do all
+other Acts and Things which Independent States may of right do. And
+for the support of this Declaration, with a firm reliance on the Protection
+of Divine Providence, we mutually pledge to each other our Lives,
+our Fortunes and our sacred Honor.
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page217">[pg 217]</span><a name="Pg217" id="Pg217" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc65" id="toc65"></a>
+<a name="pdf66" id="pdf66"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Constitution Of The United States</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We the People of the United States, in Order to form a more perfect
+Union, establish Justice, insure domestic Tranquility, provide for the
+common defence, promote the general Welfare, and secure the Blessings
+of Liberty to ourselves and our Posterity, do ordain and establish this
+CONSTITUTION for the United States of America.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE I.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 1. All legislative Powers herein granted shall be vested in a
+Congress of the United States, which shall consist of a Senate and
+House of Representatives.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 2. The House of Representatives shall be composed of Members
+chosen every second Year by the People of the several States, and
+the Electors in each State shall have the Qualification requisite for
+Electors of the most numerous Branch of the State Legislature.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Person shall be a Representative who shall not have attained to
+the Age of twenty-five Years, and been seven Years a Citizen of the
+United States, and who shall not, when elected, be an Inhabitant of that
+State in which he shall be chosen.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Representatives and direct Taxes shall be apportioned among the
+several States which may be included within this Union, according to
+their respective Numbers, which shall be determined by adding to the
+whole Number of free Persons, including those bound to Service for a
+Term of Years, and excluding Indians not taxed, three-fifths of all
+other Persons. The actual Enumeration shall be made within three
+Years after the first meeting of the Congress of the United States, and
+within every subsequent Term of ten Years, in such Manner as they
+shall by Law direct. The Number of Representatives shall not exceed
+one for every thirty Thousand, but each State shall have at Least one
+Representative; and until such enumeration shall be made, the State of
+New Hampshire shall be entitled to chuse three, Massachusetts eight,
+Rhode Island and Providence Plantations one, Connecticut five, New
+York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland
+six, Virginia ten, North Carolina five, South Carolina five, and
+Georgia three.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When vacancies happen in the Representation from any State, the
+Executive Authority thereof shall issue Writs of Election, to fill such
+Vacancies.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The House of Representatives shall chuse their Speaker and other
+Officers; and shall have the sole Power of Impeachment.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 3. The Senate of the United States shall be composed
+of two Senators from each State, chosen by the Legislatures thereof,
+for six Years; and each Senator shall have one Vote.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Immediately after they shall be assembled in Consequence of the first
+Election, they shall be divided as equally as may be into three Classes.
+The Seats of the Senators of the first Class shall be vacated at the
+Expiration of the second Year, of the second Class at the Expiration of the
+fourth Year, and of the third Class at the Expiration of the sixth Year,
+so that one-third may be chosen every second Year; and if Vacancies
+happen by Resignation, or otherwise, during the Recess of the Legislature
+<span class="tei tei-pb" id="page218">[pg 218]</span><a name="Pg218" id="Pg218" class="tei tei-anchor"></a>
+of any State, the Executive thereof may make temporary Appointments
+(until the next Meeting of the Legislature, which shall then fill
+such Vacancies).
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Person shall be a Senator who shall not have attained to the Age
+of thirty Years, and been nine Years a Citizen of the United States,
+and who shall not, when elected, be an Inhabitant of that State for
+which he shall be chosen.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Vice President of the United States shall be President of the
+Senate, but shall have no Vote, unless they be equally divided.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Senate shall chuse their other Officers, and also a President pro
+tempore, in the absence of the Vice President, or when he shall exercise
+the Office of President of the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Senate shall have the sole Power to try all Impeachments. When
+sitting for that Purpose, they shall be on Oath or Affirmation. When
+the President of the United States is tried, the Chief Justice shall preside:
+And no Person shall be convicted without the Concurrence of two-thirds
+of the Members present.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Judgment in Cases of Impeachment shall not extend further than to
+removal from Office, and disqualification to hold and enjoy any Office
+of honor, Trust or Profit under the United States: but the Party convicted
+shall nevertheless be liable and subject to Indictment, Trial, Judgment
+and Punishment, according to Law.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 4. The Times, Places and Manner of holding Elections for
+Senators and Representatives, shall be prescribed in each State by the
+Legislature thereof; but the Congress may at any time by Law make or
+alter such Regulations, except as to the Places of chusing Senators.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Congress shall assemble at least once in every Year, and such
+Meeting shall be on the first Monday in December, unless they shall by
+Law appoint a different Day.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 5. Each House shall be the Judge of the Elections, Returns
+and Qualifications of its own Members, and a Majority of each shall
+constitute a Quorum to do Business; but a smaller Number may adjourn
+from day to day, and may be authorized to compel the Attendance of
+absent Members, in such Manner, and under such Penalties as each
+House may provide.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Each House may determine the Rules of its Proceedings, punish its
+Members for disorderly Behavior, and, with the Concurrence of two-thirds,
+expel a Member.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Each House shall keep a Journal of its Proceedings, and from time
+to time publish the same, excepting such Parts as may in their Judgment
+require Secrecy; and the Yeas and Nays of the Members of either
+House on any question shall, at the Desire of one-fifth of those Present,
+be entered on the Journal.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Neither House, during the Session of Congress, shall, without the
+Consent of the other, adjourn for more than three days, nor to any
+other Place than that in which the two Houses shall be sitting.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 6. The Senators and Representatives shall receive a Compensation
+for their Services, to be ascertained by Law, and paid out of
+the Treasury of the United States. They shall in all Cases, except
+Treason, Felony and Breach of the Peace, be privileged from Arrest
+during their Attendance at the Session of their respective Houses, and
+in going to and returning from the same; and for any Speech or
+Debate in either House, they shall not be questioned in any other Place.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Senator or Representative shall, during the Time for which he
+<span class="tei tei-pb" id="page219">[pg 219]</span><a name="Pg219" id="Pg219" class="tei tei-anchor"></a>
+was elected, be appointed to any civil Office under the Authority of the
+United States, which shall have been created, or the Emoluments whereof
+shall have been increased during such time; and no Person holding any
+Office under the United States, shall be a Member of either House during
+his Continuance in Office.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 7. All Bills for raising Revenue shall originate in the House
+of Representatives; but the Senate may propose or concur with Amendments
+as on other Bills.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Every Bill which shall have passed the House of Representatives and
+the Senate, shall, before it become a Law, be presented to the President
+of the United States. If he approve he shall sign it, but if not, he shall
+return it, with his Objections to that House in which it shall have
+originated, who shall enter the Objections at large on their Journal, and
+proceed to reconsider it. If after such Reconsideration two thirds of
+that House shall agree to pass the Bill, it shall be sent, together
+with the Objections, to the other House, by which it shall likewise be
+reconsidered, and if approved by two thirds of that House, it shall become
+a Law. But in all such Cases the Votes of both Houses shall be
+determined by Yeas and Nays, and the Names of the Persons voting for
+and against the Bill shall be entered on the Journal of each House
+respectively. If any Bill shall not be returned by the President within ten
+Days (Sundays excepted) after it shall have been presented to him, the
+Same shall be a Law, in like Manner as if he had signed it, unless the
+Congress by their Adjournment prevent its Return, in which Case it
+shall not be a Law.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Every Order, Resolution, or Vote to which the Concurrence of the
+Senate and House of Representatives may be necessary (except on a
+question of Adjournment) shall be presented to the President of the
+United States; and before the Same shall take Effect, shall be approved
+by him, or being disapproved by him, shall be repassed by two thirds of
+the Senate and House of Representatives, according to the Rules and
+Limitations prescribed in the Case of a Bill.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 8. The Congress shall have Power to lay and collect Taxes,
+Duties, Imposts and Excises, to pay the Debts and provide for the common
+Defence and general Welfare of the United States; but all Duties,
+Imposts and Excises shall be uniform throughout the United States;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To borrow money on the credit of the United States;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To regulate Commerce with foreign Nations, and among the Several
+States, and with the Indian Tribes;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To establish an uniform Rule of Naturalization, and uniform Laws
+on the subject of Bankruptcies throughout the United States;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To coin Money, regulate the Value thereof, and of foreign Coin, and
+fix the Standard of Weights and Measures;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To provide for the Punishment of counterfeiting the Securities and
+current Coin of the United States;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To establish Post Offices and post Roads;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To promote the Progress of Science and useful Arts, by securing for
+limited Times to Authors and Inventors the exclusive Right to their
+respective Writings and Discoveries;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To constitute Tribunals inferior to the supreme Court;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To define and punish Piracies and Felonies committed on the high
+Seas and Offences against the Law of Nations;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To declare War, grant Letters of Marque and Reprisal, and make
+Rules concerning Captures on Land and Water;
+</p>
+
+<span class="tei tei-pb" id="page220">[pg 220]</span><a name="Pg220" id="Pg220" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To raise and support Armies, but no Appropriation of Money to that
+Use shall be for a longer Term than two Years;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To provide and maintain a Navy;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To make Rules for the Government and Regulation of the land
+and naval Forces;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To provide for calling forth the Militia to execute the Laws of the
+Union, suppress Insurrections and repel Invasions;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To provide for organizing, arming, and disciplining the Militia, and
+for governing such Part of them as may be employed in the Service
+of the United States, reserving to the States respectively, the Appointment
+of the Officers, and the Authority of training the Militia according
+to the discipline prescribed by Congress;
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To exercise exclusive Legislation in all Cases whatsoever, over such
+District (not exceeding ten Miles square) as may, by Cession of particular
+States, and the acceptance of Congress, become the Seat of
+the Government of the United States, and to exercise like Authority
+over all Places purchased by the Consent of the Legislature of the
+State in which the Same shall be, for the Erection of Forts, Magazines,
+Arsenals, Dock-Yards and other needful Buildings;—And
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+To make all Laws which shall be necessary and proper for carrying
+into Execution the foregoing Powers, and all other Powers vested
+by this Constitution in the Government of the United States, or in any
+Department or Officer thereof.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 9. The Migration or Importation of such Persons as any of
+the States now existing shall think proper to admit, shall not be prohibited
+by the Congress prior to the Year one thousand eight hundred
+and eight, but a tax or duty may be imposed on such Importation, not
+exceeding ten dollars for each Person.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Privilege of the Writ of Habeas Corpus shall not be suspended,
+unless when in Cases of Rebellion or Invasion the public Safety may
+require it.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Bill of Attainder or ex post facto Law shall be passed.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Capitation, or other direct Tax shall be laid, unless in Proportion to
+the Census or Enumeration herein before directed to be taken.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No tax or Duty shall be laid on Articles exported from any State.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Preference shall be given by any Regulation of Commerce or
+Revenue to the Ports of one State over those of another; nor shall Vessels
+bound to, or from, one State, be obliged to enter, clear, or pay Duties
+in another.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Money shall be drawn from the Treasury, but in Consequence of
+Appropriations made by Law; and a regular Statement and Account
+of the Receipts and Expenditures of all Public Money shall be published
+from time to time.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Title of Nobility shall be granted by the United States: And no
+Person holding any Office of Profit or Trust under them, shall, without
+the Consent of the Congress, accept of any present, Emolument, Office,
+or Title, of any kind whatever, from any King, Prince, or Foreign State.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 10. No State shall enter into any Treaty, Alliance, or Confederation;
+grant Letters of Marque and Reprisal; coin Money; emit
+Bills of Credit; make anything but gold and silver Coin a Tender in Payment
+of Debts; pass any Bill of Attainder, ex post facto law, or Law impairing
+the Obligation of Contracts, or grant any Title of Nobility.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No State shall, without the Consent of the Congress, lay any Imposts
+or Duties on Imports or Exports, except what may be absolutely necessary
+<span class="tei tei-pb" id="page221">[pg 221]</span><a name="Pg221" id="Pg221" class="tei tei-anchor"></a>
+for executing its inspection. Laws: and the net Produce of all
+Duties and Imposts, laid by any State on Imports or Exports, shall be for
+the Use of the Treasury of the United States; and all of such Laws
+shall be subject to the Revision and Control of the Congress.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No State shall, without the Consent of Congress, lay any duty of Tonnage,
+keep Troops, or Ships of War in time of Peace, enter into any
+Agreement or Compact with another State, or with a foreign Power, or
+engage in War, unless actually invaded, or in such imminent Danger as
+will not admit of Delay.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE II.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The executive Power shall be vested in a President of the United
+States of America. He shall hold his Office during the Term of Four
+Years, and, together with the Vice President, chosen for the same Term,
+be elected, as follows
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Each State shall appoint, in such Manner as the Legislature thereof
+may direct, a Number of Electors, equal to the whole Number of Senators
+and Representatives to which the State may be entitled in the
+Congress: but no Senator or Representative, or person holding an Office
+of Trust or Profit under the United States, shall be appointed as Elector.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Electors shall meet in their respective States, and vote by Ballot
+for two persons, of whom one at least shall not be an Inhabitant of the
+same State with themselves. And they shall make a List of all the
+Persons voted for, and of the Number of Votes for each; which List they
+shall sign and certify, and transmit sealed to the Seat of the Government
+of the United States, directed to the President of the Senate. The President
+of the Senate shall, in the Presence of the Senate and House of
+Representatives, open all the Certificates, and the Votes shall then be
+counted. The Person having the greatest Number of Votes shall be the
+President, if such Number be a Majority of the whole Number of Electors
+appointed; and if there be more than one who have such Majority, and
+have an equal Number of Votes, then the House of Representatives shall
+immediately chuse by Ballot one of them for President; and if no Person
+have a Majority, then from the five highest on the List the said House
+shall in like Manner chuse the President. But in chusing the President,
+the Votes shall be taken by States, the Representation from each State
+having one Vote; A quorum for this Purpose shall consist of a Member
+or Members from two-thirds of the States, and a Majority of all the States
+shall be necessary to a Choice. In every Case, After the Choice of the
+President, the Person having the greatest number of Votes of the Electors
+shall be the Vice President. But if there should remain two or
+more who have equal Votes, the Senate shall chuse from them by Ballot
+the Vice President.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Congress may determine the Time of chusing the Electors, and the
+Day on which they shall give their Votes; which Day shall be the same
+throughout the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No person except a natural born Citizen, or a Citizen of the United
+States, at the time of the Adoption of this Constitution, shall be eligible
+to the Office of President; neither shall any Person be eligible to that
+Office who shall not have attained the age of thirty-five years, and been
+fourteen Years a Resident within the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In Case of the Removal of the President from Office, or of his Death,
+Resignation or Inability to discharge the Powers and Duties of said
+Office, the Same shall devolve on the Vice President, and the Congress
+may by Law provide for the Case of Removal, Death, Resignations, or
+<span class="tei tei-pb" id="page222">[pg 222]</span><a name="Pg222" id="Pg222" class="tei tei-anchor"></a>
+Inability, both of the President and Vice President, declaring what Officer
+shall then act as President, and such Officer shall act accordingly, until
+the Disability be removed, or a President shall be elected.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The President shall, at stated Times, receive for his Services, a Compensation,
+which shall neither be increased nor diminished during the
+Period for which he shall have been elected, and he shall not receive
+within that Period any other Emolument from the United States, or any
+of them.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Before he enter on the Execution of his Office, he shall take the following
+Oath or Affirmation:—<span class="tei tei-q">“I do solemnly swear (or affirm) that I
+will faithfully execute the Office of President of the United States, and
+will to the best of my Ability, preserve, protect and defend the Constitution
+of the United States.”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 2. The President shall be Commander in Chief of the Army
+and Navy of the United States, and of the Militia of the several States,
+when called into the actual Service of the United States; he may require
+the Opinion, in writing, of the principal Officer in each of the
+executive Departments, upon any Subject relating to the Duties of their
+respective Offices, and he shall have Power to grant Reprieves and
+Pardons for Offences against the United States, except in Cases of Impeachment.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+He shall have Power, by and with the Advice and Consent of the
+Senate, to make Treaties, provided two thirds of the Senators present
+concur; and he shall nominate, and by and with the Advice and Consent
+of the Senate, shall appoint Ambassadors, other public Ministers and
+Consuls, Judges of the supreme Court, and all other Officers of the
+United States, whose Appointments are not herein otherwise provided
+for, and which shall be established by Law: but the Congress may by
+Law vest the Appointment of such inferior Officers, as they think proper,
+in the President alone, in the Courts of Law, or in the Heads of Departments.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The President shall have Power to fill up all Vacancies that may
+happen during the recess of the Senate, by granting Commissions which
+shall expire at the End of their next Session.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 3. He shall from time to time give to the Congress Information
+of the state of the Union, and recommend to their Consideration such
+Measures as he shall judge necessary and expedient; he may, on extraordinary
+Occasions, convene both Houses, or either of them, and in Case
+of Disagreement between them, with Respect to the Time of Adjournment,
+he may adjourn them to such Time as he shall think proper;
+he shall receive Ambassadors and other public Ministers; he shall take
+Care that the Laws be faithfully executed, and shall Commission all the
+Officers of the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 4. The President, Vice President and all civil Officers of the
+United States, shall be removed from Office on Impeachment for, and
+Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE III.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 1. The judicial Power of the United States shall be vested in
+one supreme Court, and in such inferior Courts as the Congress may
+from time to time ordain and establish. The Judges, both of the
+supreme and inferior Courts, shall hold their Offices during good Behaviour,
+and shall, at stated Times, receive for their Services, a Compensation
+<span class="tei tei-pb" id="page223">[pg 223]</span><a name="Pg223" id="Pg223" class="tei tei-anchor"></a>
+which shall not be diminished during their Continuance in
+Office.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 2. The judicial Power shall extend to all Cases, in Law and
+Equity, arising under this Constitution, the Laws of the United States,
+and Treaties made, or which shall be made, under their Authority;—to
+all Cases affecting Ambassadors, other public Ministers and Consuls;—to
+all Cases of admiralty and maritime Jurisdiction;—to Controversies
+to which the United States, shall be a party;—to Controversies
+between two or more States;—between a State and Citizens of another
+State;—between Citizens of different States;—between Citizens of the
+same State claiming Lands under Grants of different States, and between
+a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In all Cases affecting Ambassadors, other public Ministers and Consuls,
+and those in which a State shall be a Party, the supreme Court shall
+have original Jurisdiction. In all the other Cases before mentioned,
+the supreme Court shall have appellate Jurisdiction, both as to Law
+and Fact, with such Exceptions, and under such Regulations as the
+Congress shall make.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The trial of all Crimes, except in Cases of Impeachment, shall be by
+Jury, and such Trial shall be held in the State where the said Crimes
+shall have been committed; but when not committed within any State,
+the Trial shall be at such Place or Places as the Congress may by Law
+have directed.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 3. Treason against the United States, shall consist only in
+levying War against them, or in adhering to their Enemies, giving them
+Aid and Comfort. No person shall be convicted of Treason unless on
+the Testimony of two Witnesses to the same overt Act, or on Confession
+in open Court.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Congress shall have power to declare the Punishment of Treason,
+but no Attainder of Treason shall work Corruption of Blood, or Forfeiture
+except during the Life of the Person attainted.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE IV.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 1. Full Faith and Credit shall be given in each State to the
+public Acts, Records and judicial Proceedings of every other State. And
+the Congress may by general Laws prescribe the Manner in which such
+Acts, Records and Proceedings shall be proved, and the Effect thereon.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 2. The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A Person charged in any State with Treason, Felony, or other Crime,
+who shall flee from Justice, and be found in another State, shall on
+demand of the executive Authority of the State from which he fled, be
+delivered up, to be removed to the State having Jurisdiction of the Crime.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Person held to Service or Labour in one State, under the Laws
+thereof, escaping into another, shall, in Consequence of any Law or
+Regulation therein, be discharged from such service or Labour, but
+shall be delivered up on Claim of the Party to whom such Service or
+Labour may be due.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 8. New States may be admitted by the Congress into this
+Union; but no new State shall be formed or erected within the Jurisdiction
+of any other State; nor any State be formed by the Junction of two
+or more States, or parts of States, without the Consent of the Legislatures
+of the States concerned as well as of the Congress.
+</p>
+
+<span class="tei tei-pb" id="page224">[pg 224]</span><a name="Pg224" id="Pg224" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Congress shall have Power to dispose of and make all needful
+Rules and Regulations respecting the Territory or other property belonging
+to the United States; and nothing in this Constitution shall be so
+construed as to Prejudice any Claims of the United States, or of any
+particular State.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 4. The United States shall guarantee to every State in this
+Union a Republican Form of Government, and shall protect each of
+them against invasion; and on Application of the Legislature, or of the
+Executive (when the Legislature cannot be convened) against domestic
+Violence.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE V.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Congress, whenever two thirds of both Houses shall deem it necessary,
+shall propose Amendments to this Constitution, or, on the Application
+of the Legislatures of two thirds of the several States, shall call a
+Convention for proposing Amendments, which, in either Case, shall be
+valid to all Intents and Purposes, as Part of this Constitution, when
+ratified by the Legislatures of three-fourths of the several States, or by
+Conventions in three-fourths thereof, as the one or the other Mode of
+Ratification may be proposed by the Congress; Provided that no Amendment
+which may be made prior to the Year One thousand eight hundred
+and eight shall in any Manner affect the first and fourth Clauses in the
+Ninth Section of the first Article; and that no State, without its Consent,
+shall be deprived of its equal Suffrage in the Senate.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE VI.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+All Debts contracted and Engagements entered into, before the Adoption
+of this Constitution, shall be as valid against the United States
+under this Constitution, as under the Confederation.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This Constitution, and the Laws of the United States which shall be
+made in Pursuance thereof; and all Treaties made, or which shall be
+made, under the Authority of the United States, shall be the supreme
+Law of the Land; and the Judges in every State shall be bound thereby,
+any Thing in the Constitution or Laws of any State to the Contrary
+notwithstanding.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Senators and Representatives before mentioned, and the Members
+of the several State Legislatures, and all executive and judicial
+Officers, both of the United States and of the several States, shall be
+bound by Oath or Affirmation, to support this Constitution; but no religious
+Test shall ever be required as a Qualification to any Office or public
+Trust under the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE VII.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Ratification of the Conventions of nine States shall be sufficient
+for the Establishment of this Constitution between the States so ratifying
+the Same.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+DONE in Convention by the Unanimous Consent of the States present
+the Seventeenth Day of September in the Year of our Lord one thousand
+seven hundred and Eighty seven, and of the Independence of the United
+States of America the Twelfth. In Witness whereof We have hereunto
+subscribed our Names,
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Go. Washington
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Presidt. and Deputy from Virginia
+</p>
+
+</div>
+
+<span class="tei tei-pb" id="page225">[pg 225]</span><a name="Pg225" id="Pg225" class="tei tei-anchor"></a>
+
+<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+<a name="toc67" id="toc67"></a>
+<a name="pdf68" id="pdf68"></a>
+<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Articles In Addition To, And Amendment Of The Constitution Of
+The United States Of America, Proposed By Congress, And Ratified
+By The Legislatures Of The Several States Pursuant To The Fifth
+Article Of The Original Constitution</span></h1>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE I.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof; or abridging the freedom of speech,
+or of the press; or the right of the people peaceably to assemble, and to
+petition the Government for a redress of grievances.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE II.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A well regulated Militia, being necessary to the security of a free
+State, the right of the people to keep and bear Arms, shall not be infringed.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE III.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No Soldier shall, in time of peace, be quartered in any house, without
+the consent of the Owner, nor in time of war, but in a manner to be
+prescribed by law.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE IV.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The right of the people to be secure in their persons, houses, papers,
+and effects, against unreasonable searches and seizures, shall not be
+violated, and no Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing the place to
+be searched, and the persons or things to be seized.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE V.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+No person shall be held to answer for a capital, or otherwise infamous
+crime, unless on a presentment or indictment of a Grand Jury,
+except in cases arising in the land or naval forces, or in the Militia,
+when in actual service in time of War or public danger; nor shall any
+person be subject for the same offence to be twice put in jeopardy of
+life or limb; nor shall be compelled in any criminal case to be a witness
+against himself, nor be deprived of life, liberty, or property, without
+due process of law; nor shall private property be taken for public use,
+without just compensation.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE VI.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In all criminal prosecutions, the accused shall enjoy the right to a
+speedy and public trial, by an impartial jury, of the State and district
+wherein the crime shall have been committed, which district shall have
+been previously ascertained by law, and to be informed of the nature
+and cause of the accusation; to be confronted with the witnesses against
+him; to have compulsory process for obtaining witnesses in his favor,
+and to have the Assistance of Counsel for his defence.
+</p>
+
+<span class="tei tei-pb" id="page226">[pg 226]</span><a name="Pg226" id="Pg226" class="tei tei-anchor"></a>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE VII.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In suits at common law, where the value in controversy shall exceed
+twenty dollars, the right of trial by jury shall be preserved, and no
+fact tried by a jury shall be otherwise re-examined in any Court of the
+United States, than according to the rules of the common law.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE VIII.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Excessive bail shall not be required, nor excessive fines imposed, nor
+cruel and unusual punishments inflicted.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE IX.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The enumeration in the Constitution, of certain rights, shall not be
+construed to deny or disparage others retained by the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE X.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The powers not delegated to the United States by the Constitution,
+nor prohibited by it to the States, are reserved to the States respectively,
+or to the people.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XI.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Judicial power of the United States shall not be construed to
+extend to any suit in law or equity, commenced or prosecuted against
+one of the United States by Citizens of another State, or by Citizens or
+Subjects of any Foreign State.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XII.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Electors shall meet in their respective states and vote by ballot
+for President and Vice-President, one of whom, at least, shall not be
+an inhabitant of the same state with themselves; they shall name in
+their ballots the person voted for as President, and in distinct ballots
+the person voted for as Vice-President, and they shall make distinct
+lists of all persons voted for as President, and of all persons voted for
+as Vice-President, and of the number of votes for each, which lists they
+shall sign and certify, and transmit sealed to the seat of the government
+of the United States, directed to the President of the Senate;—The
+President of the Senate shall, in presence of the Senate and House of
+Representatives, open all the certificates and the votes shall then be
+counted;—The person having the greatest number of votes for President,
+shall be the President, if such number be a majority of the whole number
+of Electors appointed; and if no person have such majority, then from
+the persons having the highest numbers not exceeding three on the list
+of those voted for as President, the House of Representatives shall choose
+immediately, by ballot, the President. But in choosing the President,
+the votes shall be taken by states, the representation from each state
+having one vote; a quorum for this purpose shall consist of a member
+or members from two-thirds of the states, and a majority of all the states
+shall be necessary to a choice. And if the House of Representatives
+shall not choose a President whenever the right of choice shall devolve
+upon them, before the fourth day of March next following, then the
+<span class="tei tei-pb" id="page227">[pg 227]</span><a name="Pg227" id="Pg227" class="tei tei-anchor"></a>
+Vice-President shall act as President, as in the case of the death or other
+constitutional disability of the President.—The person having the greatest
+number of votes as Vice-President, shall be the Vice-President, if
+such number be a majority of the whole number of Electors appointed,
+and if no person have a majority, then from the two highest numbers on
+the list, the Senate shall choose the Vice-President; a quorum for the
+purpose shall consist of two-thirds of the whole number of Senators, and
+a majority of the whole number shall be necessary to a choice. But
+no person constitutionally ineligible to the office of President shall be
+eligible to that of Vice-President of the United States.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XIII.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 1. Neither slavery nor involuntary servitude, except as a punishment
+for crime whereof the party shall have been duly convicted,
+shall exist within the United States, or any place subject to their jurisdiction.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 2. Congress shall have power to enforce this article by appropriate
+legislation.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XIV.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 1. All persons born or naturalized in the United States, and
+subject to the jurisdiction thereof, are citizens of the United States and
+of the State wherein they reside. No State shall make or enforce any
+law which shall abridge the privileges or immunities of citizens of the
+United States; nor shall any State deprive any person of life, liberty,
+or property, without due process of law; nor deny to any person within
+its jurisdiction the equal protection of the laws.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 2. Representatives shall be apportioned among the several
+States according to their respective numbers, counting the whole number
+of persons in each State, excluding Indians not taxed. But when the
+right to vote at any election for the choice of electors for President and
+Vice-President of the United States, Representatives in Congress, the
+Executive and Judicial officers of a State, or the members of the Legislature
+thereof, is denied to any of the male inhabitants of such State,
+being twenty-one years of age, and citizens of the United States, or in
+any way abridged, except for participation in rebellion, or other crime,
+the basis of representation therein shall be reduced in the proportion
+which the number of such male citizens shall bear to the whole number
+of male citizens twenty-one years of age in such State.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 3. No person shall be a Senator or Representative in Congress,
+or elector of President and Vice-President, or hold any office,
+civil or military, under the United States, or under any State, who, having
+previously taken an oath, as a member of Congress, or as an officer
+of the United States, or as a member of any State Legislature, or as an
+executive or judicial officer of any State, to support the Constitution of
+the United States, shall have engaged in insurrection or rebellion against
+the same, or given aid or comfort to the enemies thereof. But Congress
+may, by a vote of two-thirds of each House, remove such disability.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 4. The validity of the public debt of the United States, authorized
+by law, including debts incurred for payment of pensions and
+bounties for services in suppressing insurrection or rebellion, shall not
+be questioned. But neither the United States nor any other State shall
+<span class="tei tei-pb" id="page228">[pg 228]</span><a name="Pg228" id="Pg228" class="tei tei-anchor"></a>
+assume to pay any debt or obligation incurred in
+aid of insurrection or rebellion against the United States, or any
+claim for the loss or emancipation of any slave; but all such debts,
+obligations and claims shall be held illegal and void.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 5. The Congress shall have power to enforce, by appropriate
+legislation, the provisions of this article.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XV
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 1. The right of citizens of the United States to vote shall
+not be denied or abridged by the United States or by any State on
+account of race, color, or previous condition of servitude.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 2. The Congress shall have power to enforce this article
+by appropriate legislation.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XVI
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Congress shall have power to lay and collect taxes on incomes,
+from whatever source derived, without apportionment among
+the several States, and without regard to any census or enumeration.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XVII
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Senate of the United States shall be composed of two Senators
+from each State, elected by the people thereof, for six years;
+and each Senator shall have one vote. The electors in each State
+shall have the qualifications requisite for electors of the most numerous
+branch of the State legislatures.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+When vacancies happen in the representation of any State in the
+Senate, the executive authority of such State shall issue writs of
+election to fill such vacancies: Provided, That the legislature of any
+State may empower the executive thereof to make temporary appointment
+until the people fill the vacancies by election as the legislature
+may direct.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This amendment shall not be so construed as to affect the election
+or term of any Senator chosen before it becomes valid as part
+of the Constitution.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XVIII
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 1. After one year from the ratification of this article the
+manufacture, sale, or transportation of intoxicating liquors within,
+the importation thereof into, or the exportation thereof from the
+United States and all territory subject to the jurisdiction thereof
+for beverages purposes is hereby prohibited.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 2. The Congress and the several States shall have concurrent
+power to enforce this article by appropriate legislation.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Section 3. This article shall be inoperative unless it shall have
+been ratified as an amendment to the Constitution by the legislatures
+of the several States, as provided in the Constitution, within
+seven years from the date of the submission hereof to the States by
+the Congress.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+ARTICLE XIX
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The right of citizens of the United States to vote shall not be
+denied or abridged by the United States or by any State on account
+of sex.
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Congress shall have power to enforce this article by appropriate
+legislation.
+</p>
+
+</div>
+
+</div>
+<hr class="doublepage" /><div class="tei tei-back" style="margin-bottom: 2.00em; margin-top: 6.00em">
+  <div id="footnotes" class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+    <a name="toc69" id="toc69"></a>
+    <a name="pdf70" id="pdf70"></a>
+    <h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Footnotes</span></h1>
+    <dl class="tei tei-list-footnotes"><dt class="tei tei-notelabel"><a id="note_1" name="note_1" href="#noteref_1">1.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Boys and
+girls often do not realize the value of an education as
+a preparation for success in life. The following figures from an educational
+authority show what education does for a boy or a girl.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+(a) Less than three per cent of the people of the United States have
+a college education, but this three per cent furnishes fifty-nine per cent
+of the men and women called successful. Fourteen per cent come from
+those having had some college training. This shows that nearly three-fourths
+of all men and women in the United States called successful
+have had some college training.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+(b) During the past ten years Massachusetts has given all her children
+a minimum of seven years of schooling, while Tennessee has given
+her children but three years. The Massachusetts citizens produce per
+capita $260 per year, while the Tennessee citizens produce per capita
+$116 per year.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+(c) Of the fifty-five members attending the Federal convention that
+made the Constitution of the United States in 1787, thirty had attended
+college, and twenty-six had college degrees. Of the forty State officers
+in Iowa in 1918, thirty were college graduates, seven were graduates of
+high schools, and only three had less than a high school education.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+(d) The child with no schooling has one chance in 150,000 of performing
+distinguished services; with elementary education he has four
+times the chance; with high school education he has eighty-seven times
+the chance; with college education he has eight hundred times the chance.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+(e) Every boy and every girl should stick to his school work until he
+at least graduates from a fully accredited high school.
+</p></dd><dt class="tei tei-notelabel"><a id="note_2" name="note_2" href="#noteref_2">2.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Law
+can do nothing without morals.”</span>—Benjamin Franklin.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Through the whole of life and the whole system of duties, much the
+strongest moral obligations are such as were never the results of our
+option.”</span>—Edmund Burke.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“To do evil that good may come of it, is for the bungler in politics
+as well as in morals.”</span>—Benjamin Franklin.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Duty is not collective; it is personal.”</span>—Calvin Coolidge.
+</p></dd><dt class="tei tei-notelabel"><a id="note_3" name="note_3" href="#noteref_3">3.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Ignorance
+of the law excuses no man.”</span>—Selected.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Knowledge is in every country the surest basis of public happiness.”</span>—George
+Washington.</p></dd><dt class="tei tei-notelabel"><a id="note_4" name="note_4" href="#noteref_4">4.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“The thorough education of all classes of people is the most
+efficacious means of promoting the prosperity of the Nation. The material
+interests of its citizens, as well as their moral and intellectual culture,
+depend upon its accomplishment.”</span>—Robert E. Lee.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“In a Republic education is indispensable. A Republic without education
+is like the creature of imagination, a human being without a soul,
+living and moving blindly, with no just sense of the present or the future.”</span>—Charles
+Sumner.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Without popular education, no government which rests upon popular
+action can long endure. The people must be schooled in the knowledge,
+and if possible in the virtues, upon which the maintenance and success
+of free institutions depend.”</span>—Woodrow Wilson.
+</p></dd><dt class="tei tei-notelabel"><a id="note_5" name="note_5" href="#noteref_5">5.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Where
+the State has bestowed education, the man who accepts
+it must be content to accept it merely as charity, unless he returns it
+to the State in full in the shape of good citizenship.”</span>—Theodore
+Roosevelt.</dd><dt class="tei tei-notelabel"><a id="note_6" name="note_6" href="#noteref_6">6.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Government</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Liberty</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Authority</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Law</span></span>—the man or the woman
+who fails to appreciate the true meaning of these terms, lacks the training
+necessary to be a good citizen in a Republic.”</span>—Abraham Lincoln.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“We need more of the office desk and less of the show-window in
+politics. Let men in office substitute the midnight oil for the lime-light.”</span>—Calvin
+Coolidge.</p></dd><dt class="tei tei-notelabel"><a id="note_7" name="note_7" href="#noteref_7">7.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Government
+is the aggregate of authorities which rule a society.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Government is that institution or aggregate of institutions by which
+society makes and carries out those rules of action which are necessary to
+enable men to live in a social state, or which are imposed upon the
+people forming that society by those who possess the power or authority
+of prescribing them.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol.
+I, p. 891.</p></dd><dt class="tei tei-notelabel"><a id="note_8" name="note_8" href="#noteref_8">8.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Government
+is the organized means and power that a State or
+Nation employs for the purpose of securing the rights of the people, and
+of perpetuating its own existence.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The real aim and purpose is well stated in the preamble to our Constitution
+when it says: <span class="tei tei-q">“to form a more perfect Union, establish
+Justice, insure domestic Tranquility, provide for the common Defence,
+promote the general Welfare, and secure the blessings of Liberty to ourselves
+and our Posterity”</span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Government can never rise higher than the ideals of the people who
+compose the government. Good governments are the products of good
+people. Good governments can only exist where the people are intelligent
+and upright in character, and where each citizen is willing to guard
+the rights and privileges of others as well as those of himself.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“This government <span class="tei tei-hi"><span style="font-style: italic">of the people</span></span>, <span class="tei tei-hi"><span style="font-style: italic">by the people</span></span>, and <span class="tei tei-hi"><span style="font-style: italic">for the people</span></span>,
+shall not perish from the earth.”</span>—Abraham Lincoln.</p></dd><dt class="tei tei-notelabel"><a id="note_9" name="note_9" href="#noteref_9">9.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The
+object of government is to protect the citizens of a country
+and to promote their general welfare, and it is composed of the officials
+who care for the public interests of the citizens.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Under republican government, the weakest citizen enjoys the same
+rights and privileges as do the strongest citizens, the poorest have the
+same protection given to the richest, the most humble man or woman has
+a chance to become the head of his or her government and to lead the
+Nation among the most powerful Nations in the world.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Brains and character rule the world. There were scores of men a
+hundred years ago who had more intellect than Washington. He outlives
+and overrides them all by the influence of his character.”</span>—Wendell
+Phillips.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The true greatness of nations is in those qualities which constitute
+the greatness of the individual.”</span>—Charles Sumner.</p></dd><dt class="tei tei-notelabel"><a id="note_10" name="note_10" href="#noteref_10">10.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“There
+is always hope in a man that actually and honestly works.
+In idleness alone is there perpetual despair.”</span>—Thomas Carlyle.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“He that hath a trade hath an estate, and he that hath a calling hath
+an office of profit and honor.”</span>—Benjamin Franklin.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“If you have the great talents, industry will improve them; if moderate
+abilities, industry will supply their deficiencies.”</span>—Joshua Reynolds.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Other nations have received their laws from conquerors; some are
+indebted for a constitution to the suffering of their ancestors through
+revolving centuries. The people of this country, alone, have formally
+and deliberately chosen a government for themselves, and with open and
+uninfluenced consent bound themselves into a social compact. Here no
+man proclaims his birth or wealth as a title to honorable distinction,
+or to sanctify ignorance and vice with the name of hereditary authority.
+He who has most zeal and ability to promote public felicity, let him
+be the servant of the public.”</span>—John Adams.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The basis of our political system is the right of the people to make
+or alter their constitution of government.”</span>—George Washington.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Let us then, fellow citizens, unite with one heart and one mind and
+labor for the welfare of the country.”</span>—Thomas Jefferson.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Declaration of Independence and the Constitution of the United
+States are parts of one consistent whole, founded upon one and the same
+theory of government,—that the people are the only legitimate source of
+power, and that all just powers of government are derived from the consent
+of the governed.”</span>—John Quincy Adams.</p></dd><dt class="tei tei-notelabel"><a id="note_11" name="note_11" href="#noteref_11">11.</a></dt><dd class="tei tei-notetext">This description
+almost perfectly fits the making of the Mayflower
+Compact in the cabin of the ship Mayflower on November 11, 1620.
+Those Pilgrim Fathers drew up an agreement which was the first attempt
+at a written constitution in the New World. The Fundamental Orders
+of Connecticut, of 1638, are generally conceded to be the oldest real
+constitution in America.</dd><dt class="tei tei-notelabel"><a id="note_12" name="note_12" href="#noteref_12">12.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">When
+Jefferson wrote <span class="tei tei-q">“all men are created equal”</span>, he did not mean
+that all infant children have equal capacities for learning or accomplishment,
+but that all children ought to be given equal opportunities by the
+government of a republic. He meant that in a republic all children,
+whether rich or poor, whether of the aristocracy or of the common people,
+had great opportunities to be good and great men and women. He
+meant that a poor boy born in the Kentucky mountains and a rail splitter
+in the woods of Illinois had the opportunity to become President of the
+United States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Declaration of Independence was not a mere temporary expedient,
+but is an enunciation of fundamental truths intended for all time.”</span>—William
+J. Bryan.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Fourscore and seven years ago our fathers brought forth upon this
+continent a new nation, <em class="tei tei-emph"><span style="font-style: italic">conceived in liberty</span></em>, and dedicated to the proposition
+that all men are created equal.”</span>—Abraham Lincoln.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Where slavery is, there <em class="tei tei-emph"><span style="font-style: italic">liberty</span></em> cannot be and where <em class="tei tei-emph"><span style="font-style: italic">liberty</span></em> is, slavery
+cannot be.”</span>—Abraham Lincoln.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Respect for its (the government's) authority, compliance with its
+laws, acquiesence in its measures, are duties enjoined by the fundamental
+maxims of true Liberty.”</span>—George Washington.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Liberty—on its positive side, denotes the fulness of individual existence;
+on its negative side it denotes the necessary restraint on all,
+which is needed to promote the greatest possible amount of liberty for
+each.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I. p. 217.</p></dd><dt class="tei tei-notelabel"><a id="note_13" name="note_13" href="#noteref_13">13.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Other nations have received their laws from conquerors; some
+are indebted for a constitution to the sufferings of their ancestors through
+revolving centuries. The people of this country, alone have formally
+and deliberately chosen a government for themselves, and with open and
+uninfluenced consent bound themselves into a social compact. Here no
+man proclaims his birth or wealth as a title to honorable distinction, or
+to sanctify ignorance and vice with the name of hereditary authority.”</span>—John
+Adams.</dd><dt class="tei tei-notelabel"><a id="note_14" name="note_14" href="#noteref_14">14.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Liberty means freedom in the enjoyment of all one's faculties
+in all lawful ways, the liberty to earn a livelihood by any lawful calling,
+the liberty to live and work where one wills.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Allgeyer vs. Louisiana,
+165 U. S. 578.</span></span></dd><dt class="tei tei-notelabel"><a id="note_15" name="note_15" href="#noteref_15">15.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Civil liberty is the liberty belonging to men in organized society.
+It is liberty defined, regulated and protected by positive law of the State
+or recognized as existing under customary law.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American
+Government</span></span>, Vol. II, p. 347.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The American people are a peculiar people. They are peculiar in
+their origin, peculiar in their make-up, and due to their sufferings, their
+persecutions, and their enduring perseverance, they are still a peculiar
+people. From the first white man to steer his little wooden ship westward
+across the great Atlantic ocean to the latest arrival among the most
+recent immigrants, the people coming to America have been different
+from those people remaining in their European homes. The conditions
+surrounding the lives of those people in Europe who left their homes
+and first settled in America were not materially different from the conditions
+surrounding the lives of thousands of other people who were
+satisfied and content to remain on their European shores. Many men
+thought the earth was round long before Christopher Columbus sailed
+away from that little seaport town in Spain to test his own ideas of
+finding a shorter route to India. Many people believed in religious
+liberty long before the Pilgrims and Puritans landed on the bleak New
+England shores and suffered the hardships of first settlers in a new
+country in order to worship God as they pleased. Many people seriously
+and intelligently doubted the divine right of kings, and believed in the
+rights of the people to govern themselves long before the American
+colonists adopted the Declaration of Independence. But it was left for
+these people—these coming Americans—to demonstrate to all the world
+that America was to be peopled by men and women of different ideals,
+different hopes, and different ambitions from all the other nations of
+the world.</p></dd><dt class="tei tei-notelabel"><a id="note_16" name="note_16" href="#noteref_16">16.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">A pure democracy would be that form of government in which all
+people of the age of twenty-one years could actually take part in making
+the laws and administering the government. A country would need be
+very small indeed, if <em class="tei tei-emph"><span style="font-style: italic">all</span></em> the people above twenty-one years of age could
+assemble in any one place and organize and conduct a meeting in which
+<em class="tei tei-emph"><span style="font-style: italic">all</span></em> could take part in law-making. No building would be large enough
+to accommodate all the people and even if all the people assembled out
+of doors, the number would be so large that those standing or sitting near
+the outer edge of the assembly would be so far from the speaker that they
+could not hear what he said when he spoke to them. A pure democracy
+is a physical impossibility. The nearest form of government to a pure
+democracy is a representative democracy, or one in which groups of
+people choose one or more persons to represent them. Then these representatives
+make laws and carry on the government in the name of all
+the people whom they represent. Therefore a democracy is that form of
+government in which all people have equal opportunities, and in which
+all may take part in the government through their chosen representatives.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“No matter how widely democracy may be extended, if it is not accompanied
+by a certain equality of opportunity among the members of the
+political society, it is not democracy.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>,
+Vol. I, p. 561.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Democracy is that form of government in which the people rule. The
+basis of democracy is equality, as that of the aristocracy is privilege.”</span>—Bouvier's
+<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 540.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The beginnings of democracy were best observed in the townships of
+New England, where the Puritans from England settled and organized
+towns which were centers of democracy.”</span>—Peter Roberts.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In an absolute monarchy, the ruler is supreme; in a limited monarchy,
+the parliament or congress sets a limit to the powers of the ruler; in a
+democracy, the people rule.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“It is almost impossible that all the people will exactly agree on any
+proposition, either political or social. Therefore the rule of government
+in a democracy is, that all the people shall accept and obey those laws
+and regulations that are pleasing to the majority.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The basis of our political system is the right of the <em class="tei tei-emph"><span style="font-style: italic">people</span></em> to make
+or alter their constitution of government.”</span>—George Washington.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“No man is good enough to govern another man without that other
+man's consent.”</span>—Abraham Lincoln.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“This country, with all its institutions, belongs to the people who inhabit
+it.”</span>—Abraham Lincoln.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“I believe that the American people accept, as one just definition of
+democracy, Napoleon's phrase, 'Every career is open to talent'.”</span>—Charles
+William Eliot.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Lincoln defined a democracy as <span class="tei tei-q">“A government of the people, by the
+people, and for the people”</span>.</p></dd><dt class="tei tei-notelabel"><a id="note_17" name="note_17" href="#noteref_17">17.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“A Republic may be defined as a state in which the sovereign power
+rests in the people as a whole but is exercised by representatives chosen
+by a popular vote.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. III,
+p. 188.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A Republic, in the modern sense of the term, is a government which
+derives all its powers directly, or indirectly, from the great body of the
+people, i. e. the majority—and is administered by persons holding their
+offices for a limited period.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol.
+III, p. 188.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Republican government is a government of the people; a government
+by representatives chosen by the people.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution of the United States in Art. IV, Sec. 4 guarantees
+to every State a republican form of government, but it does not define
+what is republican government. It is generally assumed that if for any
+reason the representative government of a State should be destroyed or
+temporarily set aside, it would be the duty of the Federal government,
+acting through the President as chief executive, to use whatever force
+was necessary (including the army and navy) to overcome such agency
+and to restore to the people of that State its former representative government.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“It is left to Congress to decide what constitutes a republican form
+of government, and Congress also has the right to say which government
+in a state is the legal government. This necessarily follows because before
+Congress can decide whether the government is Republican it must
+decide which government is in force.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Luther vs. Borden, 7 Howard 1.</span></span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“It is Congress and not the President who decides what is Republican
+government in a state.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Martin vs. Mott, 12 Wheaton 19.</span></span></p></dd><dt class="tei tei-notelabel"><a id="note_18" name="note_18" href="#noteref_18">18.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“It may well be contended that a republican form of government
+necessarily involves the exercise of powers of government by representative
+officers and bodies, and the distribution of powers of government
+among distinct and independent departments.”</span>—McClain's <span class="tei tei-hi"><span style="font-style: italic">Constitutional
+Law</span></span>, p. 10.</dd><dt class="tei tei-notelabel"><a id="note_19" name="note_19" href="#noteref_19">19.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><em class="tei tei-emph"><span style="font-style: italic">Initiative</span></em> means the right of the people to initiate or commence
+the process of lawmaking. It is done by circulating a petition asking
+that a certain provision be enacted into law. If the petition receives the
+signatures of a certain percentage of qualified voters, the legislature is
+required to enact the provision into law, or submit it to the voters to
+determine whether it shall become law.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">Referendum</span></em> means that the qualified voters through the process of balloting
+may determine whether a measure proposed either through the
+action of the legislature, or through the initiative, shall become law.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">Recall</span></em> is the method by which the qualified voters may remove an
+undesirable officer from office before the expiration of his term. It is
+done through a petition requiring a certain percentage of signers from
+among the qualified voters. If the petition is sufficient an election is
+called at which time the officer may appear for continuation in office
+and others may appear as candidates for that office. The one receiving
+the largest vote is duly chosen.</p></dd><dt class="tei tei-notelabel"><a id="note_20" name="note_20" href="#noteref_20">20.</a></dt><dd class="tei tei-notetext">Children
+who attend the public school are subject to the law as
+well as are grown people who work in factories or on farms. The teacher
+must have rules and regulations governing the conduct of pupils in school.
+These are laws which the children must obey. If a pupil insists on disturbing
+other pupils or talking out loud—such may be a violation of the
+rules governing a good school and the pupil may be punished for such
+violation.</dd><dt class="tei tei-notelabel"><a id="note_21" name="note_21" href="#noteref_21">21.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Law
+has been defined as: <span class="tei tei-q">“The aggregate of those laws and
+principles of conduct which the governing power in a community recognizes
+as the rules and principles which it will enforce or sanction, and
+according to which it will regulate, limit, or protect the conduct of its
+members.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. II, p. 144.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Law consists of the rules and methods by which society compels or
+restrains the actions of its members.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the legal sense—A law is a rule which the courts will enforce. The
+courts will not enforce all rules, and therefore there are many rules
+which are not law in the legal sense.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Law <em class="tei tei-emph"><span style="font-style: italic">might</span></em> be defined as the aggregate of those rules and principles
+promulgated by legislative authority or established by local custom, and
+our laws are the resultant derived from a combination of the divine or
+moral laws, the laws of nature and human experience, as such resultant
+has been evolved by human intellect, influenced by the virtue of the ages.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Words
+and Phrases</span></span>, p. 33.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Law has her seat in the bosom of God; her voice in the harmony of
+the world.”</span>—Hooker.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Laws are the very bulwark of liberty. They define every man's rights,
+and stand between and defend individual liberties of all.”</span>—J. G. Holland.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Laws exist in vain for those who do not have the courage and the
+means to defend them.”</span>—Thomas B. Macauley.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Laws, written, if not on stone tablets, yet on the azure of infinitude,
+in the inner heart of God's creation, certain as life, certain as death, are
+they, and thou shalt not disobey them.”</span>—Thomas Carlyle.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A rule of civil conduct prescribed by the supreme power in a state.”</span>—Bouvier's
+<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>.</p></dd><dt class="tei tei-notelabel"><a id="note_22" name="note_22" href="#noteref_22">22.</a></dt><dd class="tei tei-notetext">Laws and
+rules are statements of what has been agreed upon as
+proper conduct among persons who associate together. A person living
+on a lonely island in the ocean with no other person near would not need
+law. But as soon as two persons share the island and its fruits and
+animals and plants, then certain rules need be set up for the protection
+of each against the other. Where people are most closely associated, we
+need the greatest number of rules or laws. People living in large cities
+must more often need law than do those living in rural districts.</dd><dt class="tei tei-notelabel"><a id="note_23" name="note_23" href="#noteref_23">23.</a></dt><dd class="tei tei-notetext">A person
+may drive an automobile at twenty miles per hour on a
+country road with perfect safety, but twenty miles per hour in a crowded
+city would be positively dangerous to people crossing the streets. Therefore
+the speed limit of five or perhaps ten miles per hour in cities.</dd><dt class="tei tei-notelabel"><a id="note_24" name="note_24" href="#noteref_24">24.</a></dt><dd class="tei tei-notetext">People
+have as much right to walk on the sidewalks of the town
+or city as do other people to drive teams and wagons or automobiles on
+the streets. Each must obey the traffic laws. At crossings their rights
+of passage conflict, therefore each must be on the look-out when crossing
+the street. The law provides street crossings, therefore footmen must
+not <span class="tei tei-q">“cut the crossings”</span> but go the directed way.</dd><dt class="tei tei-notelabel"><a id="note_25" name="note_25" href="#noteref_25">25.</a></dt><dd class="tei tei-notetext">When election
+time comes each year, or every two years, those
+who are qualified to vote ought by all means give careful consideration
+to the candidates for office and to the issues that constitute the campaign.
+It requires good men to make good laws. Good men are only
+chosen to office when good people interest themselves in the candidates
+and attend the elections and cast intelligent votes. Good laws are properly
+enforced only when good men are chosen to office.</dd><dt class="tei tei-notelabel"><a id="note_26" name="note_26" href="#noteref_26">26.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“A child, an
+apprentice, a pupil, a mariner, and a soldier owe
+respectively obedience to the lawful commands of the parent, the master,
+the teacher, the captain of the ship, and the military officer having command:
+and in case of disobedience submission may be enforced by correction.”</span>—Bouvier's
+<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. II, p. 531.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“To obey is better than sacrifice.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Children, obey your parents in all things; for this is well pleasing
+unto the Lord.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Servants, obey in all things your masters according to the flesh; not
+with eye service, as men pleasers; but in singleness of heart, fearing God.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Masters, give unto your servants that which is just and equal; knowing
+that ye also must be obedient.”</span>—Quotations from <span class="tei tei-hi"><span style="font-style: italic">The Bible</span></span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The capacity of the people for self government, and their willingness,
+... to submit to all needful restraints, and exactions of municipal
+law, have been favorably exemplified in the history of the American
+States.”</span>—Martin Van Buren.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Let us have faith that right makes might and in that faith let us
+to the end dare do our duty as we understand it.”</span>—Abraham Lincoln.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Surely I do not misinterpret the spirit of the occasion when I assume
+that the whole body of the people convenant with me today to support
+and defend the Constitution and ... to yield a willing obedience to
+all the laws, and each to every other citizen his equal civil and political
+liberty.”</span>—Benj. Harrison.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Patriotism calls for the faithful performance of all the duties of
+citizenship in small matters as well as great, at home as well as on tented
+fields.”</span>—William J. Bryan.</p></dd><dt class="tei tei-notelabel"><a id="note_27" name="note_27" href="#noteref_27">27.</a></dt><dd class="tei tei-notetext">We must
+see ourselves as we are, moving in our daily life, guarded
+and safeguarded in every act by law. Every act in life is lawful or unlawful;
+that is, we are protected by the law in our every act, or we are
+condemned or punished. Here are two children on their way to school,
+one walking upon the sidewalk, exercising a lawful right; one riding
+his bicycle upon the sidewalk, performing an unlawful act. The one is
+an example of a careful law-abiding citizen, the other an example of a
+law-violator.</dd><dt class="tei tei-notelabel"><a id="note_28" name="note_28" href="#noteref_28">28.</a></dt><dd class="tei tei-notetext">Constitution
+of the United States, Art. I, Sec. 8, Cl. 5.</dd><dt class="tei tei-notelabel"><a id="note_29" name="note_29" href="#noteref_29">29.</a></dt><dd class="tei tei-notetext">Created by an Act of Congress of March 3rd, 1901. It is a
+bureau of the Department of Commerce, and is charged with comparing
+the standards used in scientific investigations, commerce, and educational
+institutions with standards adopted and recognized by the government.</dd><dt class="tei tei-notelabel"><a id="note_30" name="note_30" href="#noteref_30">30.</a></dt><dd class="tei tei-notetext">The
+Thirty-fifth General Assembly of the State of Iowa provided
+for a State Inspector of Weights and Measures whose duty is to
+travel over the State and investigate conditions among those who buy
+and sell, and to make arrests and prosecute those found defrauding others
+by giving short weights or measures, or who sell or offer for sale spoiled
+foods, or keep their shops or stores in an unsanitary condition.</dd><dt class="tei tei-notelabel"><a id="note_31" name="note_31" href="#noteref_31">31.</a></dt><dd class="tei tei-notetext">Constitution of the United States, Art. I, Sec. 8, Cl. 5.</dd><dt class="tei tei-notelabel"><a id="note_32" name="note_32" href="#noteref_32">32.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Revised Statutes of the United States</span></span>, Sec. 5413 and
+following.</dd><dt class="tei tei-notelabel"><a id="note_33" name="note_33" href="#noteref_33">33.</a></dt><dd class="tei tei-notetext">Very
+few letters are ever lost in the mails. The writer one time
+addressed a letter to a friend living in Sydney, Australia. It was mailed
+at Iowa City, Iowa, and was sent east. That letter went by way of
+New York, England, France, Italy, the Suez Canal, and the Indian
+Ocean to Sydney, Australia. The person to whom it was sent had, in the
+meantime, left Sydney and the letter failed of delivery. About three
+months after being first mailed it was returned to the writer whose return
+address was on the outside of the envelope. In being returned it came by
+way of the Pacific Ocean to San Francisco and across the United States
+from the west. The letter had encircled the globe and was returned
+safely to the original sender. Pretty good work for the International
+Mail System.</dd><dt class="tei tei-notelabel"><a id="note_34" name="note_34" href="#noteref_34">34.</a></dt><dd class="tei tei-notetext">Constitution of the United States, Art. I, Sec. 8, Cl. 7.</dd><dt class="tei tei-notelabel"><a id="note_35" name="note_35" href="#noteref_35">35.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">There are
+four general theories as to the origin of the Constitution
+of the United States: (1) That it was an entirely new document. This
+theory was inspired by the statement of Gladstone. People who heard
+Mr. Gladstone or read of his comment on the Constitution misinterpreted
+his saying and came to believe he meant that that great Constitution was
+the work of the moment as conceived by the men in the convention at
+Philadelphia. No one knew better than Mr. Gladstone himself that such
+was not true. (2) That it was copied almost entirely after the English
+constitution of that time. This was the theory of Sir Henry Maine, and
+it was just as erroneous as was the common acceptance of Gladstone's
+statement. There are many things in the Constitution of the United
+States that were not in the English constitution of that time. (3) That
+it was based entirely upon the experience of the colonists themselves.
+This theory is also incorrect as the facts show that many fundamentals of
+the Constitution were copied directly from the governments of European
+countries. (4) That it was due to all the above influences taken together,
+but that they were worked out by the colonists and the Constitution
+makers in their many years of experience in making Constitutions
+for the States after their independence from England, and during
+the time of the Confederation.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A careful study of the debates in the convention at Philadelphia will
+reveal the fact that the different governments, institutions, rulers, and
+statesmen of Europe were referred to in the making of the Constitution.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+During the discussions in the convention one hundred and thirty allusions
+were made to the government and institutions of England. The allusions
+made to France numbered nineteen. Those made to the German
+States were seventeen. Those made to Holland were nineteen. Greece
+was referred to thirteen times; Switzerland was alluded to five times;
+and Rome was alluded to sixteen times.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The English government and institutions were held up as a model to
+be imitated fifty times; as an example to be avoided, twenty-four times.
+France was held up as a model three times, and as a warning five times.
+Rome was cited five times as a model and seven times as a warning.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+From the standpoint of training, experience, and general qualifications
+for constitution makers, the delegates who sat in the Federal convention
+at Philadelphia were the most remarkable group of statesmen the world
+has ever seen. Sixty-five delegates were chosen, of whom fifty-five attended
+the convention and of these thirty-nine signed the Constitution,
+three were present but refused to sign, and thirteen were absent on the
+last day. Of the fifty-five who sat in the convention, twenty-five were
+from northern States and thirty from southern States. Of the thirty-nine
+signers, nineteen were from the North and twenty from the South.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of the fifty-five men thirty were college men, twenty-six had degrees,
+forty-seven were afterwards prominent in public life; of the remaining
+eight, at least four died soon after the close of the convention. The
+most noted men were: Washington, Franklin, Hamilton, Madison, Wilson,
+Patterson, Gerry, Sherman, Pinckney, and Randolph. Six men
+who signed the Constitution had also signed the Declaration of Independence—Benjamin
+Franklin, James Wilson, Robert Morris, and George
+Clymer of Pennsylvania, Roger Sherman of Connecticut, and George
+Read of Delaware.—Meyerholz's <span class="tei tei-hi"><span style="font-style: italic">The Federal
+Convention</span></span>.</p></dd><dt class="tei tei-notelabel"><a id="note_36" name="note_36" href="#noteref_36">36.</a></dt><dd class="tei tei-notetext">Montesquieu,
+a famous French writer of the eighteenth century,
+tells us that political liberty consists in the security one feels in doing
+whatever the law permits. However we must remember that the laws
+themselves must likewise be sound.</dd><dt class="tei tei-notelabel"><a id="note_37" name="note_37" href="#noteref_37">37.</a></dt><dd class="tei tei-notetext">We
+must notice that Article I of <span class="tei tei-q">“The Short Constitution”</span> commences,
+<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Congress shall make no law</span></span>”</span> etc., which means that these first
+eight amendments to the Constitution of the United States apply only
+to the Federal government, and are limitations on the powers of Congress
+rather than on the powers of the States. However most States have
+similar provisions in their Constitutions.</dd><dt class="tei tei-notelabel"><a id="note_38" name="note_38" href="#noteref_38">38.</a></dt><dd class="tei tei-notetext">Article
+X is important because it tells in a few words the exact
+relation of the States to the Federal government.</dd><dt class="tei tei-notelabel"><a id="note_39" name="note_39" href="#noteref_39">39.</a></dt><dd class="tei tei-notetext">Article V of the main body of the Constitution provides that when
+nine States should ratify the Constitution, it should be established as the
+frame of government. The first State to ratify was Delaware, December
+7, 1787; the ninth State was New Hampshire, June 21, 1788; and the
+last State was Rhode Island, May 29, 1790.</dd><dt class="tei tei-notelabel"><a id="note_40" name="note_40" href="#noteref_40">40.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">George
+Washington expressed the vast importance of this thought
+when he said: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The basis of our political system is the right of the
+people to make or alter their constitution of government.</span></span>”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Constitution is itself in every rational sense and to every useful
+purpose a bill of rights.”</span>—Alexander Hamilton.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Much of the strength and efficiency of any government in procuring
+and securing happiness to the people depends on opinion, on the general
+opinion of the goodness of the government, as well as of the wisdom and
+integrity of its governors. I hope, therefore, for our own sakes, as a
+part of the people and for the sake of our posterity, that we shall act
+heartily and unanimously in recommending this Constitution wherever
+our influence may extend, and turn our future thoughts and endeavors to
+the means of having it well administered.”</span>—Benjamin Franklin.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“In the fullness of time a Republic rose up in the wilderness of
+America. Thousands of years had passed away before this child of the
+ages could be born. From whatever there was of good in the systems of
+former centuries, she drew her nourishment; the wrecks of the past were
+her warnings. The wisdom which had passed from India through
+Greece, with what Greece had added of her own, the jurisprudence of
+Rome, the mediaeval municipalities, the Teutonic method of representation,
+the political experience of England, the benignant wisdom of the
+expositors of the law of nature and of nations in France and Holland,
+all shed on her their selectest influence. Out of all the discoveries of
+statesmen and sages, out of all the experience of past human life, she
+compiled a perennial political philosophy, the primordial principles of
+national ethics—she sought the vital elements of social forms and blended
+them harmoniously in the free commonwealth which comes nearest to
+the illustration of the natural equality of all men. She entrusted the
+guardianship of established rights to law; the movement of reform to
+the spirit of the people and drew her force from the happy reconciliation
+of both.”</span>—George Bancroft.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“In spite of its supposed precision, and its subjection to judicial construction,
+our constitution has always been indirectly made to serve
+the turn of that sort of legislation which its friends call progressive, and
+its enemies call revolutionary, quite as effectively as though Congress
+had the omnipotence of parliament. The theory of the latent powers to
+carry out those granted has been found elastic enough to satisfy almost
+any party demands in time of peace, to say nothing of its enormous extensions
+in time of war.”</span>—<span class="tei tei-hi"><span style="font-style: italic">The Nation</span></span>, November 7, 1872, No. 384, p. 300.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Our fathers by an almost divine prescience, struck the golden mean.”</span>—Pomeroy's
+<span class="tei tei-hi"><span style="font-style: italic">An Introduction to the Constitutional History of the
+United States</span></span>, p. 102.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“It (the United States Constitution) ranks above every other written
+Constitution for the intrinsic excellence of its scheme, its adaptation to
+the circumstances of the people, the simplicity, brevity and precision of
+its language, its judicious mixture of definition in principle with elasticity
+in details. One is induced to ask, to what causes, over and above the
+capacity of its authors and the patient toil they bestowed upon it, these
+merits are due, or in other words, what were the materials at the command
+of the Philadelphia Convention for the achievement of so great
+an enterprise as the creation of a nation by means of an instrument of
+government. The American Constitution is no exception to the rule that
+everything which has power to win the obedience and respect of men
+must have its roots deep in the past, and that the more slowly every
+institution has grown, so much the more enduring it is likely to prove.
+There is little in this Constitution that is absolutely new. There is much
+that is as old as Magna Charta.”</span>—James Bryce, author of <span class="tei tei-hi"><span style="font-style: italic">The American
+Commonwealth</span></span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Let reverence for the law be breathed by every mother to the lisping
+babe that prattles on her lap; let it be taught in schools, seminaries, and
+colleges; let it be written in primers, spelling books and almanacs; let
+it be preached from pulpits, and proclaimed in legislative halls, and enforced
+in courts of justice; let it become the political religion of the
+nation.”</span>—Abraham Lincoln.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Constitution, which may at first be confounded with the Federal
+Constitutions which have preceded it, rests in truth upon a wholly novel
+theory—a great discovery in modern political science. In all the Confederations
+which have preceded the American Constitution of 1787, the
+Allied States ... agreed to obey the injunctions of a federal government;
+but they reserved to themselves the right of ordaining and enforcing
+the laws of the Union....”</span> (The American government, he
+explains, claims directly the allegiance of every citizen, and acts upon
+each directly through its own courts and officers.) <span class="tei tei-q">“This difference has
+produced the most momentous consequences.”</span>—Tocqueville's
+<span class="tei tei-hi"><span style="font-style: italic">Democracy
+in America</span></span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“It will be the wonder and admiration of all future generations and
+the model of all future constitutions.”</span>—William Pitt, after reading the
+Constitution of the United States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Constitution of the United States is by far the most important
+production of its kind in human history. It created, without historic
+precedent, a federal-national government It combined national strength
+with individual liberty in a degree so remarkable as to attract the world's
+admiration. Never before in the history of man had a government
+struck so fine a balance between liberty and union, between state rights
+national sovereignty. The world had labored for ages to solve this
+greatest of all governmental problems, but it had labored in vain. Greece
+in her mad clamor for liberty had forgotten the need of the strength
+that union brings, and she perished. Rome fostered union, nationality,
+for its strength, until it became a tyrant and strangled the child liberty.
+It was left for our own Revolutionary fathers to strike the balance between
+these opposing forces to join them in a perpetual wedlock in such
+a way as to secure the benefits of both. They selected the best things
+that had been tried and proved. Hence their great success, hence the
+fact that 132 years after its signing, this same Constitution is still the
+supreme law of the land and more deeply imbedded in the American heart
+than ever.”</span>—Henry William Elson.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Constitution is not an arbitrary, unchangeable document, but
+can be adapted to meet new conditions whenever the people decide. It
+should be upheld because under its wise provisions the United States
+has developed into a great nation of happy and prosperous people; because
+it contains sacred guarantees of protection for the individual; and
+because it affords freedom and opportunity for every citizen, whether
+native-born or naturalized. American citizenship securely rests upon its
+firm foundation.”</span>—Henry Litchfield West.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Federal Constitution, the whole of it, is nothing but a code of the
+people's liberties, political and civil. The Constitution is not a mass of
+rules, but the very substance of our freedom, not obsolete; but in every
+part alive; more needful now than ever, and as fitted to our needs.”</span>—Stimson's
+<span class="tei tei-hi"><span style="font-style: italic">The American Constitution</span></span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“No other country in the world possesses the guarantees of individual
+liberty and inherent rights that are accorded by the Constitution of the
+United States.”</span>—David Jayne Hill's <span class="tei tei-hi"><span style="font-style: italic">The People's Government</span></span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“We need not view with apprehension or even regret the gradual
+adaptation of the Constitution to the ever-changing needs from generation
+to generation of the most progressive nation in the world. The Constitution
+is not a static institution. It is neither, on the one hand, a sandy
+beach, which is quickly destroyed by the erosion of the waves, nor, on
+the other hand, is it a Gibralter rock which wholly resists the ceaseless
+washing of time and circumstances. Its strength lies in its adaptability
+to slow and progressive change. While the necessity of change may be
+recognised in the non-essentials, yet the Constitution was based upon
+certain fundamental principles which were not thus changeable. These
+times should not wither nor custom stale. While the great compact apparently
+dealt only with very concrete and practical details of government
+in the very simplest language, and carefully avoided anything that
+savored of visionary doctrinarism, yet, behind these simply but wonderfully
+phrased delegations of power, was a broad and accurate political
+philosophy, which constitutes the true doctrine of American Government.
+Its principles are of eternal verity. They are founded upon the inalienable
+rights of man. They are not the thing of the day or temporary
+circumstance. If they are destroyed, then the spirit of our government
+is gone, even if the form survive.”</span>—James M. Beck.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The Constitution remains the surest and safest foundation for a free
+government that the wit of man has yet devised.”</span>—Nicholas Murray
+Butler.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“I believe there is no finer form of government than the one under
+which we live, and that I ought to be willing to live or die, as God decrees,
+that it may not perish from the earth through treachery within or
+through assault without.”</span>—Thomas R. Marshall.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Although not a citizen of your great country, I am heart and soul
+with you and your associates in the glorious fight you are making for
+the preservation of your peerless Constitution, which has made your
+country what it is, and which is today the brightest hope of mankind.”</span>—Baron
+Rosen, formerly Russian Ambassador to the United States of
+America.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Under the American Constitution was realized the sublime conception
+of a nation in which every citizen lives under two complete and well-rounded
+systems of laws,—the state law and the federal law—each with
+its legislature, its executive, and its judiciary moving one within the
+other, noiselessly, and without friction. It was one of the longest reaches
+of constructive statesmanship ever known in the world. There never
+was anything quite like it before, and in Europe it needs much explanation
+even for educated statesmen who have never seen its workings.
+Yet to America it has become so much a matter of course that they, too,
+sometimes need to be told how much it signifies. <em class="tei tei-emph"><span style="font-style: italic">In 1787 it was the
+substitution of law for violence between states that were partly sovereign.
+In some future still grander convention we trust the same thing
+will be done between states that have been wholly sovereign, whereby
+peace may gain and violence be diminished over other lands than this
+which has set the example.</span></em>”</span>—John Fiske, in 1888.
+</p></dd><dt class="tei tei-notelabel"><a id="note_41" name="note_41" href="#noteref_41">41.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The
+English government forced laws upon the colonies to restrict
+trade and manufactures, to place a standing army in America, and to raise
+taxes. The tax laws were denounced as illegal by the colonists, who
+argued that they were not represented in Parliament.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Read the charges made against the king and the government of England
+in the Declaration of Independence.</p></dd><dt class="tei tei-notelabel"><a id="note_42" name="note_42" href="#noteref_42">42.</a></dt><dd class="tei tei-notetext">Read
+the famous speech made by James Otis against the Stamp
+Act in the Stamp Act Congress in New York, October, 1765. See
+<span class="tei tei-hi"><span style="font-style: italic">American History Leaflets</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_43" name="note_43" href="#noteref_43">43.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The
+following were the fundamental defects of the Articles of
+Confederation.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+a. They did not provide for a central executive, and there was no
+supreme executive to enforce the laws.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+b. No provision was made for a central judiciary, and each State
+interpreted the Federal laws as it saw fit.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+c. They permitted concurrent legislation on vital subjects: i. e. each
+State could legislate as it pleased on such subjects as tariff,
+foreign treaties, currency, etc.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+d. They permitted each State to regulate its own coinage and there
+were at one time at least fourteen different kinds of coins in the
+thirteen States. This greatly interfered with trade.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+e. They gave Congress no power to enforce the observance of treaties.
+Congress could pass laws but could not enforce them.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+f. They gave Congress no power to coerce a State—it could only
+recommend to the States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+g. They required a two-thirds vote on all questions in Congress,
+and votes were cast by States. Most bills may pass the present
+Congress by a majority vote.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+h. Congress could not reach the individual to punish him for crime
+committed against the Federal government, except through the
+State in which the crime was committed. Often the States refused
+to act.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+i. The Articles could not be amended without the consent of all
+of the States. Several times one State defeated the amendment
+of the Articles.
+</p></dd><dt class="tei tei-notelabel"><a id="note_44" name="note_44" href="#noteref_44">44.</a></dt><dd class="tei tei-notetext">The small
+States having only small areas and therefore less room
+for settlers, were afraid of any form of union government which gave
+the States proportional representation in Congress. These small States
+declared they would not ratify the Articles of Confederation until those
+States having large areas of western lands would agree to cede those
+lands to the Federal government. The seven States holding western
+lands agreed to cede their lands in January, 1781, and on March 1st,
+Maryland as the last State ratified the Articles of Confederation.</dd><dt class="tei tei-notelabel"><a id="note_45" name="note_45" href="#noteref_45">45.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The
+various States chose a total of sixty-five delegates to attend
+the Federal convention at Philadelphia. Of these, fifty-five actually sat
+in the convention. Of the entire number, forty-two were present on
+the last day and thirty-nine signed the Constitution.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Of the fifty-five who sat in the convention, twenty-five were from
+north of the Mason and Dixon Line, or from the northern States, and
+thirty were from the southern States. Of the thirty-nine signers, nineteen
+were from the North and twenty from the South. The three who
+refused to sign were Elbridge Gerry of Massachusetts and Edmund Randolph
+and George Mason of Virginia. These three men thought the
+Constitution gave too much power to the central government and did not
+leave enough to the States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Eight of the men who signed the Constitution were of foreign birth.
+They were Alexander Hamilton, William Patterson, James Wilson,
+Robert Morris, James McHenry, Thomas Fitzsimons, William R. Davie,
+and Pierce Butler. You will notice that Hamilton, Wilson, Patterson,
+and Morris were among the most influential men in the convention.
+Many of America's greatest men have been of foreign birth.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The oldest man in the convention was Benjamin Franklin who was
+eighty-one years of age. The youngest man was Jonathan Dayton of
+New Jersey who was only twenty-seven. Charles Pinckney was twenty-nine
+years old, and Alexander Hamilton was thirty. The average age
+of the entire membership in the convention was 43-2/5 years.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The membership in the convention included a remarkable group of
+men—in fact the most remarkable group of statesmen that ever assembled
+for the making of a constitution. They had gained their experience
+in five different ways: colonial legislatures, State legislatures,
+State conventions, Continental Congresses, and in the Congress of the
+Confederation. Six of them had the honor of having signed the Declaration
+of Independence—Benjamin Franklin, James Wilson, Robert Morris,
+Roger Sherman, George Read, and George Clymer. Thirty delegates
+were college men and twenty-six had degrees.</p></dd><dt class="tei tei-notelabel"><a id="note_46" name="note_46" href="#noteref_46">46.</a></dt><dd class="tei tei-notetext">A careful
+study of the debates in the Federal convention will
+reveal the following allusions to the government and institutions of other
+countries. A total of two hundred and twenty-three allusions were made
+to the governments of Europe, the most important of which were the
+following: one hundred and thirty allusions were made to England, of
+which fifty were commendatory, and twenty-four were warnings; nineteen
+allusions were made to France, of which five were commendatory
+and three were warnings; Germany, or rather the German States, had
+seventeen allusions; Holland had twenty allusions; Greece had twenty-five;
+Rome had twenty-six. The two hundred and twenty-three allusions
+were made in such way as to indicate that the delegates were widely
+read in both government and history.</dd><dt class="tei tei-notelabel"><a id="note_47" name="note_47" href="#noteref_47">47.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The
+Constitution in Article VII says, <span class="tei tei-q">“The Ratification of the
+Conventions of nine States shall be sufficient for the Establishment of
+this Constitution between the States so ratifying the Same.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The first State to ratify was Delaware on December 7, 1787. New
+Hampshire, the ninth State, ratified on June 21, 1788, and Rhode Island,
+the last, on May 29, 1790.</p></dd><dt class="tei tei-notelabel"><a id="note_48" name="note_48" href="#noteref_48">48.</a></dt><dd class="tei tei-notetext">Every
+right begets a duty. The more rights our government gives
+us, the more duties are imposed upon each one of us. In an absolute
+monarchy the people have very few rights and they also have very few
+duties to perform. In democracies like the United States the people
+have a right to participate in government, they also have the duty of
+becoming intelligent and becoming acquainted with the various details of
+the administration of government. When people have a right to participate
+in government, they have the duty of attending every election and
+casting an intelligent ballot. Where people have a right to make law,
+they must accept the duty of helping enforce law. Where people have
+freedom of religious belief and worship, they must refrain from interfering
+in the belief of other people. Where they have freedom of speech
+and press, they must protect other people in that same right. Where
+people have the right of trial in a legally constituted court of law, they
+must refrain from mob rule or from lynch law. The greater the privileges
+given a people by law, the greater are their duties to see that law is
+always respected and carefully enforced.</dd><dt class="tei tei-notelabel"><a id="note_49" name="note_49" href="#noteref_49">49.</a></dt><dd class="tei tei-notetext">The
+government of the United States is a dual government. There
+is a State government within each State, which is supreme over the
+affairs of that State alone. Then there is a Federal government which
+is supreme and sovereign throughout the entire United States in all
+those affairs which the Federal Constitution gives to the control of the
+Federal government. The <em class="tei tei-emph"><span style="font-style: italic">police power</span></em> of a State is commonly defined
+as the power of a State to control all of its domestic internal affairs.
+The Federal government is not permitted to interfere with the police
+powers of the States.</dd><dt class="tei tei-notelabel"><a id="note_50" name="note_50" href="#noteref_50">50.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“No
+state allows its government to dictate to any one what church
+he shall attend or compels him to contribute to the support of any
+church, the establishment of state churches being everywhere forbidden.
+No person is disqualified from holding office or exercising legal rights
+because of his religious views, although a very few states make belief
+in the Deity a requisite for holding certain state offices.”</span>—Hart's <span class="tei tei-hi"><span style="font-style: italic">Actual
+American Government</span></span>, Sec. 13.</dd><dt class="tei tei-notelabel"><a id="note_51" name="note_51" href="#noteref_51">51.</a></dt><dd class="tei tei-notetext">Constitution of the United States, Amendment I.</dd><dt class="tei tei-notelabel"><a id="note_52" name="note_52" href="#noteref_52">52.</a></dt><dd class="tei tei-notetext">Church
+and state are wholly separated in the United States. When
+a man takes office, no one asks him to what church he belongs, or what
+his faith is. If a man wants to believe in the religions of India or
+China, no officer of the National government has a right to interfere
+with him, providing he does not violate a law of the land. Religious
+tolerance is a growth. The Puritans who founded New England, although
+they fled to America because of religious persecutions, did not
+practice religious tolerance in the New World.</dd><dt class="tei tei-notelabel"><a id="note_53" name="note_53" href="#noteref_53">53.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“The witchcraft
+craze at Salem, Massachusetts, in 1692, is commonly
+thought to have been the legitimate outgrowth of the gloomy religion
+of the Puritans. Nineteen persons were hanged or burned at the
+stake for having bewitched children. One was crushed to death under
+heavy weights because he would not confess that he was possessed of the
+devil. From the time of King John down to 1712, innocent lives
+were constantly sacrificed in England on this charge.”</span>—Thwaites's <span class="tei tei-hi"><span style="font-style: italic">The
+Colonies</span></span>, p. 190.</dd><dt class="tei tei-notelabel"><a id="note_54" name="note_54" href="#noteref_54">54.</a></dt><dd class="tei tei-notetext">Constitution
+of the United States, Amendment I.</dd><dt class="tei tei-notelabel"><a id="note_55" name="note_55" href="#noteref_55">55.</a></dt><dd class="tei tei-notetext">The
+first ten amendments to the Constitution of the United States
+are limitations on the powers of Congress, and these amendments do
+not is any way limit the powers of the several States. It is a fact, however,
+that practically all the States have incorporated these same amendments
+in their Constitutions thereby placing the same limitations upon
+their legislatures. A State may change its Constitution and thereby curtail
+freedom of speech and press as it may think necessary to protect its
+people, and some of the States have enacted laws forbidding anarchists
+to hold public meetings or to publish yellow journals in which they berate
+the government or instigate rebellion or sedition among the people. But
+the Federal government cannot pass any law abridging the freedom of
+speech or press except such as may be enacted under the war powers of
+the government when in actual war, such as was enacted in the Espionage
+Act of 1917.</dd><dt class="tei tei-notelabel"><a id="note_56" name="note_56" href="#noteref_56">56.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Libel
+is defined as any statement printed, or written, or any picture
+or caricature that causes another person to be brought into hatred,
+contempt, or ridicule or to be shunned by his associates. Slander is any
+oral statement that causes another person to be brought into hatred,
+contempt, or ridicule, or to be shunned by his associates. In order to
+constitute either slander or libel the statement or utterance must be
+communicated to a third party.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The right of citizens to petition the government to remove abuse was
+won in Europe only after many hard conflicts. It is not conceded in some
+European governments today, and men in those countries who lead in
+reforms and advocate democratic measures are often thrown into prison,
+banished, or exiled. This amendment to the Constitution was inserted to
+guard against the tyranny of officers, who might abuse the authority
+conferred upon them by the people.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_57" name="note_57" href="#noteref_57">57.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, 1st Amendment.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The right of assembly is coupled with the guaranty of the right to
+petition the government for a redress of grievances; but it is not to be
+understood as limited to that object. Without doubt assemblages for
+social, political or religious purposes are protected by such against
+legislative prohibition unless attended with circumstances rendering the
+exercise of the right inimical to public peace, security or welfare.”</span>—Emlin
+McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol.
+I, p. 85.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The right to assemble may be restricted so far as necessary to prevent
+its being exercised to promote unlawful purposes or in such manner
+as to result in public inconvenience.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>,
+Vol. I, p. 85.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The provision to the amendment to the Federal Constitution is a
+limitation only on the powers of the Federal Government and does not
+apply to the several states. The states have largely copied the same
+provision into their constitutions.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The right of petition is important as recognizing a lawful occasion
+for the assembly of the people and in connection with the guaranty of
+freedom of speech and the press. The subject matter of a petition
+cannot be made the basis for a prosecution for public or private libel if
+it is kept within the limits of the privilege accorded.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of
+American Government</span></span>, Vol. II, p. 675.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Through the right of petition the people have a means of informing
+their lawmakers of their wishes and of guiding public opinion.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The rules of the national House of Representatives provide that members
+having petitions to present may deliver them to the clerk and the
+petition, except such as, in the judgment of the speaker, are of an
+obscene or insulting character, shall be entered upon the journal.”</span>—Emlin
+McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. II,
+p. 675.</p></dd><dt class="tei tei-notelabel"><a id="note_58" name="note_58" href="#noteref_58">58.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment II.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“This right to keep and bear arms, although stated in connection with
+the militia, is held broad enough to cover the keeping and carrying of
+such weapons as are suitable for self-defense, or defense of the home.
+But the keeping of unusual weapons, or the carrying of unusual weapons
+in an unusual manner, as by having them concealed on the person, may
+be prohibited.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 165.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“This amendment, like the other eight amendments to the Federal
+Constitution, does not apply to the States, and a State may legislate as it
+pleases regarding the carrying and using of arms. Many states prevent
+the carrying of arms of any kind except with legal permission given
+through the proper officer for stated specific reasons.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The amendment means no more than that this right shall not be infringed
+by Congress. Police protection of the people is left to the
+States.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_59" name="note_59" href="#noteref_59">59.</a></dt><dd class="tei tei-notetext">One
+of the grievances of the colonists stated in the Declaration
+of Independence was the quartering of large bodies of armed troops in
+the colonies, but the guaranty found in the Federal Constitution and in
+many State Constitutions is that soldiers shall not in times of peace be
+quartered upon private persons. This guaranty has respect to the recognition
+of the right of every man not to be unwarrantably disturbed or
+intruded upon in his home. <span class="tei tei-q">“Every man's house is his castle.”</span></dd><dt class="tei tei-notelabel"><a id="note_60" name="note_60" href="#noteref_60">60.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment IV.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“One of the most serious grievances of the colonists was, the assertion
+and exercise of a prerogative of the crown to issue warrants for searching
+private premises in order to obtain evidence of political offenses. This
+had been the subject of controversy in England and was made the basis
+of a protest in Massachusetts by James Otis against the Writs of Assistance
+which were in effect, general warrants.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American
+Government</span></span>, Vol. III, p. 654.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The privilege contended for was that the privacy of the dwelling
+house should not be invaded by public officers without the consent of
+the owner save for the purpose of making an arrest, and then only by
+an officer of the law—who carried a warrant giving him such authority.”</span>—Emlin
+McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>,
+Vol. III, p. 654.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The protection afforded by the constitutional provision is against attempts
+made under the disguise of public process to pry into private
+affairs on mere suspicion that a crime has been committed or contemplated.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The principle of this guaranty is being violated if the postal authorities
+open sealed letters in the mail to discover whether improper use of the
+mail is being made. It is also violated by compelling the production of
+private papers of the defendant in a criminal prosecution.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A warrant is not always necessary to arrest an individual. For example,
+a police officer does not need a warrant in order to arrest a person
+who is violating a law in his presence, or a person whom he has good
+reason to think has committed a felony.—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>,
+Vol. III, p. 655.</p></dd><dt class="tei tei-notelabel"><a id="note_61" name="note_61" href="#noteref_61">61.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment V.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A <em class="tei tei-emph"><span style="font-style: italic">capital crime</span></em> is such crime as the law declares punishable by
+death penalty.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol I, p. 284.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“An <em class="tei tei-emph"><span style="font-style: italic">infamous crime</span></em> is such crime as the law declares punishable by
+imprisonment in a state prison.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A grand jury, or an indictment, or a presentment jury, or an inquest
+jury, is a jury (differing as to numbers in different States) for the
+purpose of investigating alleged crimes. If, upon investigation, the jury
+believes the accused person has either committed the act or has had a
+part in the crime, it will draw up a formal accusation in writing. This
+accusation is called an indictment and is presented to the court. In
+a few States a person may be brought to trial for violation of a law
+of the State upon information filed by the prosecuting attorney.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A <em class="tei tei-emph"><span style="font-style: italic">petit jury</span></em>, or <em class="tei tei-emph"><span style="font-style: italic">trial jury</span></em>, is a jury of twelve men selected by the
+court—according to a law determining the manner—to hear the accusation
+against the person charged along with the evidence submitted during
+the trial in court. After hearing the evidence and receiving from
+the judge instructions concerning the law governing the case, the jury
+will determine whether the accused person is guilty or not. The Federal
+government, and most of the States, require a unanimous verdict. If the
+jury disagrees they report such to the court (the judge) and they are dismissed
+and the case may be tried again with a different jury.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Constitutional guaranties of the right of trial for crime only on indictment
+by a grand jury, imply a common law grand jury of whose
+number at least twelve men concur in finding the indictment, but by provision
+in state constitutions a smaller number of grand jurors than required
+by common law and concurrence of a smaller number than twelve
+in the finding of an indictment may be authorized.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A grand jury affords a safeguard against the unwarranted ignominy
+of being put on public trial for an offense which there is no reasonable
+ground to believe the accused has committed.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The grand jury is to investigate the cases of those who have been
+arrested and held under preliminary information on oath by private accusers;
+and it may also investigate cases of supposed crime of which it
+has knowledge or to which its attention may be called by the public
+prosecuting officer. Its proceedings are secret and its members are sworn
+not to subsequently divulge them.”</span>—McClain's <span class="tei tei-hi"><span style="font-style: italic">Constitutional Law</span></span>.</p></dd><dt class="tei tei-notelabel"><a id="note_62" name="note_62" href="#noteref_62">62.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment V.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The rule of procedure generally recognized is that when an accused
+person has been put on trial under a valid indictment in a court having
+jurisdiction of the case, and a jury has been empaneled and sworn to try
+the case and give a verdict, and a verdict of <em class="tei tei-emph"><span style="font-style: italic">not guilty</span></em> is given—the
+accused cannot be again put on trial for the same crime, or any included
+crime for which he might have been convicted in that prosecution.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia
+of American Government</span></span>, Vol. II, p. 251.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A verdict of not guilty is conclusive and the defendant must be discharged.
+If however he is convicted, he may in some instances appeal
+the case to a higher court for review and that is not being again put in
+jeopardy.”</span>—Emlin McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>,
+Vol II, p. 251.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Jeopardy is complete when the court proceeds with a jury to ascertain
+the defendant's guilt.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“As the criminal jurisdiction of the Federal Court extends only to
+offenses against the Federal laws, and no prosecution for such offenses
+can be entertained in the state courts—it follows that there can be no
+questions of former jeopardy as between a federal and a state court.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia
+of American Government</span></span>, Vol II, p. 251.</p></dd><dt class="tei tei-notelabel"><a id="note_63" name="note_63" href="#noteref_63">63.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment V.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In our own early colonies persons were frequently tortured to compel
+them to give evidence against themselves or against other people, but
+at that time the colonies were still under British authority.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+An instance was recently reported of a man appearing before a sheriff
+and confessing to the commission of five different murders in as many
+different places in a western State. Upon investigation it was found
+that murders had been committed in these places about the time he confessed
+to having committed the crimes, so he was arrested and held by
+the sheriff. Upon further investigation it was discovered that he was
+mentally unbalanced and having read of all these crimes he imagined he
+had committed them. He was released from arrest and was committed
+to a hospital for the insane. In this instance an innocent man might
+have been executed if his own testimony had been sufficient to convict
+him.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If a person confesses to having committed a crime and the facts as
+stated are found to be correct, he may then be convicted of the crime,
+but the conviction is made on the basis of the evidence disclosed by his
+confession and not on the confession itself. Having made a confession
+the officers may then from the facts told by the accused find other facts
+sufficient to convict without offering the confession in evidence.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A confession is not admissible in evidence where it is obtained by
+temporal inducement, by threats, promise or hope of favor held out to
+the party in respect of his escape from the charge against him, by a person
+in authority.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 387.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“When an inducement destroys a confession it must be held out by
+a person in authority.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_64" name="note_64" href="#noteref_64">64.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment V.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This is a part of the fifth amendment to the Federal Constitution, and
+the fourteenth is an expansion of it, and assumes that the man charged
+with the crime is innocent until proven guilty. The old standard set in
+Europe was that a person charged with crime was considered guilty
+until he was proven innocent. All citizens, whether native or foreign
+born, have the protection of this amendment.—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>,
+Vol. I, p. 622.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Previous to 1679 in England an accused person could be detained in
+prison for months or even for years and had no recourse to the courts,
+but might be thus detained in prison upon a mere charge brought by
+some one jealous of him and without real reason. In that year the
+people demanded that Parliament should give relief against unjust or
+false imprisonment, and Parliament enacted the Habeas Corpus Act.
+The provisions of this notable act require that a person imprisoned may
+demand a preliminary hearing and learn the cause of his being seized
+and imprisoned. Either he or his friends or relatives could go before a
+judge of a court and demand a <em class="tei tei-emph"><span style="font-style: italic">writ of habeas corpus</span></em>. Such writ was
+issued by a judge and directed to the jailer or the person detaining the
+accused and he was compelled to bring the accused person before the
+court and show legal reason why that person should be detained. If no
+such cause or reason could be given, the accused person must be set at
+liberty. The guaranty of the right to a writ of habeas corpus under
+our Constitution is considered hereafter. See page <a href="#Pg144" class="tei tei-ref">144</a>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<em class="tei tei-emph"><span style="font-style: italic">Due process of law</span></em> may be defined as <span class="tei tei-q">“according to the law of the
+place in which the trial is held”</span>. It means in this instance that no
+person may be deprived of life, liberty, or property without the right of
+judicial trial. <em class="tei tei-emph"><span style="font-style: italic">Due process of law</span></em> does not necessarily mean <em class="tei tei-emph"><span style="font-style: italic">jury trial</span></em>.
+If a jury trial is the legally recognized method of trying such case, then
+jury trial is <em class="tei tei-emph"><span style="font-style: italic">due process</span></em>, but if trial without a jury is legally provided
+for when permitted by the Constitution, in that instance, <em class="tei tei-emph"><span style="font-style: italic">due process</span></em>
+does not require jury trial. For cases in which the right of trial by jury
+is guaranteed see pages <a href="#Pg111" class="tei tei-ref">111</a>, <a href="#Pg125" class="tei tei-ref">125</a>,
+and <a href="#Pg160" class="tei tei-ref">160</a>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“In a word, <span class="tei tei-q">‘due process of law’</span> to-day signifies <span class="tei tei-q">‘reasonable law’</span>, in
+which sense it bestows upon the courts, and especially upon the Federal
+Courts, as final interpreter of the national constitution, a practically undefined range of supervision over legislation both state and national.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia
+of American Government</span></span>, Vol. I, p. 615.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Due process of law, is law in its regular course of administration
+through courts of justice.”</span>—Story's <span class="tei tei-hi"><span style="font-style: italic">Commentaries</span></span>, Vol. III, pp. 264,
+661;—18 <span class="tei tei-hi"><span style="font-style: italic">Howard</span></span> 272.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Any legal proceeding enforced by public authority, whether sanctioned
+by age or custom, or newly devised in the discretion of the legislative
+power, in furtherance of the general public good, which regards
+and preserves these principles of liberty and justice.”</span>—110 <span class="tei tei-hi"><span style="font-style: italic">U. S.</span></span> 516.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Due process of law in each particular case means, such an exercise
+of the powers of government as the settled maxims of the law permit
+and sanction, and under such safeguards for the protection of the individual
+rights as those maxims prescribe for the class of cases to which
+the one in question belongs.”</span>—Cooley's <span class="tei tei-hi"><span style="font-style: italic">Constitutional Limitations</span></span>, p. 441.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“This provision does not imply that all trials in state courts affecting
+the property of persons must be by jury.”</span> This depends to some extent
+upon the constitution of the respective states, except as limited by the
+United States Constitution.—92 <span class="tei tei-hi"><span style="font-style: italic">U. S.</span></span> 90.</p></dd><dt class="tei tei-notelabel"><a id="note_65" name="note_65" href="#noteref_65">65.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment V.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Eminent domain means the right and authority of the government to
+take private property for public purposes upon the payment of a just
+compensation.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The superior right existing in a sovereign government by which private
+property may in certain cases be taken or its use controlled for the
+public benefit, without regard to the wishes of the owner.”</span>—Bouvier's
+<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 657.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Eminent domain is said with more precision to be the right of the
+nation or the state, or of those to whom the power has been lawfully
+delegated, to condemn private property to public use, upon paying to
+the owner a due compensation, to be ascertained according to law.”</span>—Bouvier's
+<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 651.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Just compensation is generally arrived at by those whose duty it is
+to secure the land for the government, by offering a good fair price for
+the land. If the owner of the land refuses to accept the offer, the land
+may be seized by the proper authority and the matter settled according
+to law. The law generally provides that a body of appraisers be appointed
+who appraise the value of the land and this amount is offered
+to the owner. If he refuses, the matter is carried to the court for determination.
+A jury is summoned to assess the value of the land and from
+this the owner may usually appeal, but the government cannot appeal;
+it must pay the appraised valuation or allow the owner to keep his
+property. It must be remembered that private property may only be
+taken by the government for public purposes.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Some purposes for which the government may take private property
+are: forts and arsenals, army posts, or public parks. It may take food
+supplies for use of the army or navy in time of war. It may take over
+the railroads for the benefit of the people of the Nation, etc. In all
+cases it must give just compensation.</p></dd><dt class="tei tei-notelabel"><a id="note_66" name="note_66" href="#noteref_66">66.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment VI.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A speedy trial is, it appears, one that is brought on without unreasonable
+delay for preparation; and a public trial is not necessarily one to
+which every one may obtain admission but one sufficiently free and open
+to allow the friends of the accessed and others to watch the proceedings.”</span>—Emlin
+McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Criminal prosecution is the means adopted to bring a supposed offender
+to justice and punishment by due course of law.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The speedy trial to which a person charged with crime is entitled
+under the constitution is a trial at such a time, after the finding of the
+indictment, as shall afford the prosecution a reasonable opportunity, by
+the fair and honest exercise of reasonable diligence, to prepare for trial,
+and if the trial is delayed or postponed beyond such period, when there
+is a term of court at which the trial might be had, by reason of neglect
+of the prosecution in preparing for trial, such delay is a denial to the
+defendant of the right of a speedy trial, and in such case a person confined,
+upon application by <span class="tei tei-hi"><span style="font-style: italic">habeas corpus</span></span>, is entitled to a discharge from
+custody.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. II, p. 1023.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Every jury is sworn to decide according to the evidence presented,
+guided by instructions in the law given by the judge. Juries are therefore
+held to be <em class="tei tei-emph"><span style="font-style: italic">impartial</span></em>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The entire United States is divided into judicial districts, of which
+there are about ninety-two. These districts are found within the States
+as judicial districts do not cut State boundaries. Where the population
+is more sparse a Federal district comprises an entire State. Where the
+population is more dense a State may contain two or more districts.
+There are four United States District Court districts in the State of
+New York, two in Iowa, and only one in Nevada, and some other western
+States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Congress may by legislative act lay out Federal court districts. These
+districts were first established in the Federal Judiciary Act of 1789.
+As the population increases Congress may increase the number of districts.</p></dd><dt class="tei tei-notelabel"><a id="note_67" name="note_67" href="#noteref_67">67.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment VI.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+If one is not given a preliminary hearing shortly after his arrest, the
+right to a writ of <span class="tei tei-hi"><span style="font-style: italic">habeas corpus</span></span> (defined in another chapter), gives the
+accused an opportunity to know the exact nature of the charge against
+him and why he is held or detained in prison. Then he is faced by his
+accusers in court and bears the charge against him. In all criminal
+cases the accused is privileged to be present throughout the entire trial,
+in fact he is required to be present during the trial.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In early England, and in many other European countries in early
+times, the accused person was not even permitted to know the reason
+for his imprisonment, and furthermore was tried in court and found
+guilty without hearing the evidence or knowing who testified in court.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The right of trial upon indictment of a grand jury, and the privilege
+of confronting one's accusers in court, having witnesses in one's behalf,
+and having an attorney to defend one accused, is not yet allowed in certain
+parts of Russia and perhaps other countries in Europe and Asia.
+These privileges have been the recognized right of all people in the
+United States since our glorious Constitution was adopted and became
+the fundamental law of our country in 1789.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Teachers of civics in our schools ought to ask permission of the judge
+to take their classes to visit a session of the court. The judge is able
+to inform the teacher as to when certain cases of most value to pupils
+and other persons are to be tried. The trial of certain kinds of cases
+brings out many fundamental facts of rights and duties of citizenship
+that boys and girls, as well as many adult persons, ought to know.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The accused is of all men the most miserable, unless the law gives
+him an equal chance to defend himself. Time was when the courts
+could hear privately the witnesses against the prisoner, and then call
+him into court to answer charges, which he never had heard of, made
+upon the testimony of witnesses he never had seen, without any legal
+means of compelling his own witnesses to come to court to testify for
+him and without any lawyer to speak for him against the trained counsel
+for the government. Many of these abuses had been weeded out before
+the Constitution was adopted.”</span>—Bacon's <span class="tei tei-hi"><span style="font-style: italic">American Plan of Government</span></span>,
+p. 272.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Almost all the reform needed to make criminal procedure humane
+and just, has been incorporated into the constitutions and laws of the
+states during the first era of independence; but the people of the United
+States bad no such safeguards.”</span>—Bacon's <span class="tei tei-hi"><span style="font-style: italic">American Plan of Government</span></span>,
+p. 273.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The charge to be answered by the defendant on trial in a criminal
+court must be clear, explicit, and definite. The prosecution has no right
+to compel the accused to show that he is a good member of society.”</span>—<span class="tei tei-hi"><span style="font-style: italic">7
+Peters Rep. 138.</span></span></p></dd><dt class="tei tei-notelabel"><a id="note_68" name="note_68" href="#noteref_68">68.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment VI.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“In judicial procedure a witness is one who is duly called upon to
+testify under oath as to matters within his knowledge. By rules of
+procedure some persons are disqualified from testifying on account of
+want of mental capacity as, for instance, idiots, insane persons, and infants
+who have not attained the age of discretion. Others who are qualified
+to testify may be of such character that their testimony is not entitled
+to the weight which should be given to some other witness. Furthermore,
+a witness may be so related to the subject matter or to the
+parties as that in the particular case his testimony should not be received,
+or should be received under limitations as to its credibility and
+weight. And finally the competency of testimony offered is regulated by
+rules of evidence fixed by law.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Under constitutional guaranties of religious freedom, the religious
+belief of a witness cannot be made a ground for his disqualification to
+testify.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“As to criminal prosecution, it is usually provided in state constitutions
+as it is in the Fifth and Sixth Amendments to the Federal Constitution
+that the accused shall not be compelled to be a witness against
+himself and that he has a right to be confronted with the witnesses
+against him and to have compulsory process for obtaining witnesses in
+his favor. These are privileges which the accused may waive.”</span>—Emlin
+McClain, quoted in <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. III, p.
+693.</p></dd><dt class="tei tei-notelabel"><a id="note_69" name="note_69" href="#noteref_69">69.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Compulsory
+process is the means of compelling a witness to appear
+before the court at the time of trial and, under oath, tell what he
+knows about the matter under consideration.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>,
+Vol. II, p. 766.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A <em class="tei tei-emph"><span style="font-style: italic">subpoena</span></em> is an order issued in a court and given to a sheriff or
+other executive officer, to be served upon or read to a witness, compelling
+him to appear before the court at the time stated. He must lay aside
+all pretenses and excuses, and appear before the court or the magistrate
+at the time and place named in the subpoena, under a penalty therein
+cited for failure to appear. His failure to obey the order of the court,
+or subpoena, is known as <em class="tei tei-emph"><span style="font-style: italic">contempt</span></em>. Contempt is punishable in Federal
+courts, and in most States by the order of the judge, and is not subject
+to jury trial. (Oklahoma is an exception.)</p></dd><dt class="tei tei-notelabel"><a id="note_70" name="note_70" href="#noteref_70">70.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“At
+common law a prisoner was not allowed counsel. In England
+this right was not granted in all cases before 1836.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of
+American Government</span></span>, Vol. I, p. 487.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The United States was the earliest of nations to not only permit
+every person accused of crime and tried before a court to have counsel,
+but to furnish counsel for every person who was not himself able to get
+counsel or able to pay for counsel.</p></dd><dt class="tei tei-notelabel"><a id="note_71" name="note_71" href="#noteref_71">71.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment VII.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Common Law is that system of law or form of the science of jurisprudence
+which has prevailed in England and in the United States, in
+contradistinction from other great systems, such as Roman or civil
+law.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 370.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Common law is used to distinguish the body of rules and of remedies
+administered by courts of law, technically so called, in contradistinction
+to those of equity administered by courts of chancery, and to the canon
+law, administered by ecclesiastical courts.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>,
+Vol. I, p. 370.</p></dd><dt class="tei tei-notelabel"><a id="note_72" name="note_72" href="#noteref_72">72.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment VII.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A jury is a body of men sworn to declare the facts of a case as they
+are proven from the evidence placed before them.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The definition of a jury explains why the facts of a case are not open
+for re-examination after being declared by a jury. It is because a jury
+meets in a court in the place where the offense has been committed, and
+is therefore better able to know the whole truth, and to determine what
+the facts really are than would be possible for any other body of men
+who did not have such means of knowing. A higher court in reviewing
+a case on an appeal cannot usually go behind the facts as declared
+by a jury.</p></dd><dt class="tei tei-notelabel"><a id="note_73" name="note_73" href="#noteref_73">73.</a></dt><dd class="tei tei-notetext">In ordinary
+instances arrests may be made only by officers of
+the law upon warrants issued by a magistrate. Any officer may, however,
+upon his own cognizance of a crime being committed, arrest the
+person or persons without warrant. If such authority were not given to
+officers of the law, many persons violating law would be able to escape
+before a warrant could be issued. Furthermore, under the laws of
+some States, any person who sees a crime committed is legally required
+to pursue and arrest the offending person and may himself be punished
+if he refuses to act. Sheriffs and other officers of the peace may call
+upon and require other persons to assist in the pursuit and capture of
+fleeing criminals.</dd><dt class="tei tei-notelabel"><a id="note_74" name="note_74" href="#noteref_74">74.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment VIII.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In criminal actions the matter of bail is determined by statute. Bail
+is often denied to those accused of committing serious crimes.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The term <em class="tei tei-emph"><span style="font-style: italic">bail</span></em> is used to designate a person who becomes a surety for
+the appearance of the defendant in court at the time called for. But in
+modern usage the term <em class="tei tei-emph"><span style="font-style: italic">bail</span></em> means the amount of money pledged by another
+person for the appearance of the defendant. If the defendant fails
+to appear the person going his bail must pay the stipulated amount into
+the court. The payment of the bail does not, however, relieve the delinquent
+defendant of further punishment. He may be again seized and
+punished as according to the charge, and furthermore may be given additional
+punishment for <span class="tei tei-q">“jumping”</span> his bail.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The defendant usually binds himself as principal with two sureties;
+but sometimes the bail alone binds himself as principal, and sometimes
+one surety is accepted by the sheriff. The bail bond may be said to
+stand in the place of the defendant as far as the sheriff is concerned, and
+if properly taken, furnishes the sheriff a complete answer to the requirement
+of the writ, requiring him to take and produce the body of the defendant.”</span>—Bouvier's
+<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 211.</p></dd><dt class="tei tei-notelabel"><a id="note_75" name="note_75" href="#noteref_75">75.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">United
+States Constitution, Amendment VIII.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The amount of fine is frequently left to the discretion of the court,
+who ought to proportion the fine to the offense.”</span>—Cooley's <span class="tei tei-hi"><span style="font-style: italic">Constitutional
+Limitations</span></span>, p. 377.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The object of punishment is to reform the offender, to deter him and
+others from committing like offenses, and to protect society.”</span> <span class="tei tei-q">“A state
+may provide a severer punishment for a second than for a first offense
+providing it is dealt out to all alike.”</span>—159 <span class="tei tei-hi"><span style="font-style: italic">U. S.</span></span> 673.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Punishments are cruel when they involve torture or a lingering death;
+but the punishment of death is not cruel, within the meaning of that
+word as used in the Constitution.”</span>—136<span class="tei tei-hi"><span style="font-style: italic">U. S.</span></span> 436.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A warden of a State penitentiary was recently found guilty of inflicting
+cruel punishment because he punished a convict by suspending
+his body from chains placed around his wrists.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The British Museum contains several machines of torture used to
+punish criminals in early days. One is a machine in the form of a hollow
+case fitting a human form. This case is filled with sharp spikes driven
+through from the outside. The machine was so constructed that when
+a victim was placed inside, the sides could be gradually turned up to fit
+the body and press these spikes into the body of the victim so as to
+produce death.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Another machine is constructed much as a cross in form of the letter
+X. The victim was fastened in such manner as to bind his wrists and
+ankles to the ends of the bars. A horse was then hitched to either his
+arms or legs and they were torn from the body.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Many States in the United States have now adopted electrocution as
+the means of inflicting the death penalty because it is believed to be
+the most humane way.</p></dd><dt class="tei tei-notelabel"><a id="note_76" name="note_76" href="#noteref_76">76.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment XIII, Sec. 1.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+This amendment was submitted to the States by resolution of Congress
+in 1865 and by proclamation of the President of December 18th
+of that year was declared to have received the approval of the requisite
+number of States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+So far as the abolition of slavery is involved there has been no question
+as to the effect of the amendment, but as to what constitutes involuntary
+servitude important questions have arisen. While the primary
+object of the amendment was to free the colored race, the general purpose
+was to render impossible the existence within the jurisdiction of the
+United States of any legal or social institution imposing involuntary
+labor on any class of persons. The introduction here of the peonage system
+prevalent in Mexico, the coolie system of China, or the padrone system
+of Italy fall within the prohibition.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The amendment permits imprisonment and also involuntary servitude
+as a penalty for failure to pay a fine imposed as a punishment. Moreover
+the services of persons imprisoned for crime belong to the State
+and may be leased, subject of course to humanitarian regulations as
+to the method in which such services may be employed.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Under the enforcement clause Congress has legislated against peonage,
+that is, a condition of enforced servitude by which the servitor is restrained
+of his liberty and compelled to labor in liquidation of some
+contract, debt, or obligation. But without such legislation, State statutes
+imposing imprisonment or servitude for non-performance of contractual
+obligations are invalid as in conflict with the provisions of the
+amendment.—Emlin McClain, in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>,
+Vol. III, p. 536.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the early days many of the American colonies permitted imprisonment for debt, and one of the greatest patriots and philanthropists of
+colonial times, Robert Morris, was imprisoned for debt by the State of
+Pennsylvania.</p></dd><dt class="tei tei-notelabel"><a id="note_77" name="note_77" href="#noteref_77">77.</a></dt><dd class="tei tei-notetext">James
+Bryce has written of our government: <span class="tei tei-q">“The American
+Union is ... a state which, while one, is nevertheless composed of
+other states even more essential to its existence than it is to theirs.”</span></dd><dt class="tei tei-notelabel"><a id="note_78" name="note_78" href="#noteref_78">78.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Amendment XIV. Sec. 1.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A person may attain to citizenship in the United States in any of
+seven different ways: 1. By birth—i.e. natural born. 2. By naturalization,
+which usually requires continuous residence for five years. 3. By
+treaty regulation. 4. By statute of Congress. 3. By annexation of
+territory. 6. By marriage—if a foreign woman marries an American
+citizen. 7. By honorable discharge from the army or navy, upon which
+the court admits to citizenship regardless of the time of residence in the
+United States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the United States we recognize a dual citizenship—citizenship in
+the United States, and citizenship in a State. Any person who is a
+citizen of the United States is also a citizen of the State wherein he or
+she resides. Nine different States grant the right of suffrage and State
+citizenship to such foreigners as take out their first naturalization papers.
+These States are Alabama, Arkansas, Indiana, Kansas, Missouri, Nebraska,
+Oregon, South Dakota, and Texas.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Citizenship must not be confused with the right of suffrage. Neither
+one necessarily includes the other. All citizens cannot vote—children
+for example. All voters are not necessarily citizens, those in the above
+nine States for example.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Aliens in the United States have practically all the civil rights that
+are enjoyed by citizens, but they do not have political rights. An alien
+may purchase, own, and convey property. He may sue and be sued in
+the courts.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“There can be no doubt that the minimum expectation of the framers
+of this amendment to the Constitution was that it would make the first
+eight amendments to the Constitution binding upon the states, as they
+already were upon the Federal Government, and that it should be susceptible
+not only of negative enforcement by the courts but also of
+direct positive enforcement by Congress.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>,
+Vol. II, p. 41.</p></dd><dt class="tei tei-notelabel"><a id="note_79" name="note_79" href="#noteref_79">79.</a></dt><dd class="tei tei-notetext">Constitution of the United States, Amendment XV.</dd><dt class="tei tei-notelabel"><a id="note_80" name="note_80" href="#noteref_80">80.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“By a series of decisions the most important of which were those
+in the Slaughter House cases (16 Wallace 36) and in the Civil Rights
+Cases (109 U.S. 3) the United States Supreme Court established the
+following principles: (1) that the prohibitions of the fourteenth amendment
+are addressed to the states as such and not to private individuals;
+(2) that these prohibitions contemplate only positive state acts and not
+acts of omission; (3) that the amendment recognizes a distinction between
+state citizenship and United States citizenship; (4) that it protects
+from state abridgement only <span class="tei tei-q">‘the privileges and immunities’</span> which
+the Constitution by its other provisions bestows upon <span class="tei tei-q">‘citizens of the
+United States’</span> as such.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. II,
+p. 41.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The nineteenth amendment which is now ratified by the States, provides
+that <span class="tei tei-q">“the right of citizens of the United States to vote shall not
+be denied or abridged by the United States or by any State on account
+of sex.”</span>—Constitution of the United States, Amendment XIX.</p></dd><dt class="tei tei-notelabel"><a id="note_81" name="note_81" href="#noteref_81">81.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“The
+good citizen must in the first place, recognize what he owes
+his fellow citizens. If he is worthy to live in a free republic he must
+keep before his eyes his duty to the nation of which he forms a part. He
+must keep himself informed, and he must think of himself as well as of
+the great questions of the day; and he must know how to express his
+thoughts.”</span>—Theodore Roosevelt.</dd><dt class="tei tei-notelabel"><a id="note_82" name="note_82" href="#noteref_82">82.</a></dt><dd class="tei tei-notetext">In
+receiving applications for the many appointments which it was
+his duty to make, President Taylor said: <span class="tei tei-q">“I shall make honesty, capacity
+and fidelity indispensable requisites to the bestowal of office; and the
+absence of any one of these qualities shall be deemed sufficient cause for
+removal.”</span></dd><dt class="tei tei-notelabel"><a id="note_83" name="note_83" href="#noteref_83">83.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“The
+American Constitution is the most wonderful work ever struck
+off at a given moment by the brain and purpose of man.”</span>—William E.
+Gladstone.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“It will be the wonder and admiration of all future generations and
+the model of all future constitutions.”</span>—William Pitt.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Our fathers by an almost divine prescience, struck the golden mean,”</span>
+when they made the Constitution.—Pomeroy.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“It (The U. S. Constitution) ranks above every other written constitution
+for the intrinsic excellence of its scheme, its adaptation to the circumstances
+of the people, the simplicity, brevity and precision of its language, its judicious mixture of definition in principle with elasticity in
+details.”</span>—James Bryce.</p></dd><dt class="tei tei-notelabel"><a id="note_84" name="note_84" href="#noteref_84">84.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“This
+is the most famous writ in the law; and, having for many
+centuries been employed to remove illegal restraint upon personal liberty,
+no matter by what power imposed, it is often called the great writ of
+liberty.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 917.</dd><dt class="tei tei-notelabel"><a id="note_85" name="note_85" href="#noteref_85">85.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">In 1861 Chief
+Justice Taney decided in the United States Circuit
+Court of Maryland that Congress alone possessed the power under the Constitution
+to suspend the writ.—<span class="tei tei-hi"><span style="font-style: italic">American Law Register</span></span>, 524.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The privilege of the writ is, however, necessarily suspended whenever
+martial law is declared in force; for martial law suspends all civil
+process.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“As a recognized legal remedy, resort to the proceeding by habeas
+corpus may be had where a person is imprisoned under pretended legal
+authority which in fact for any reason is absolutely void, as where the
+warrant of arrest or commitment is insufficient or the proceeding under
+which the warrant was issued was without legal authority.”</span>
+</p>
+
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A state court or judge cannot inquire by habeas corpus into the
+validity of arrest or detention of a person under federal authority. The
+right to redress in such cases, if any, must be sought in the Federal
+courts. But on the other hand Federal courts and judges may inquire
+into the cause of the restraint of liberty of any person by a state when
+the justification of Federal authority or immunity is set up for the
+act complained of.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. II, p.
+106.</p></dd><dt class="tei tei-notelabel"><a id="note_86" name="note_86" href="#noteref_86">86.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Art. I, Sec. 9, Cl. 3.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The effect of attainder upon a felon is, in general terms, that all
+his estate, real and personal, is forfeited; that his blood is corrupted,
+and so nothing passes by inheritance to, from or through him.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“In the United States the doctrine of attainder is now scarcely known,
+although during and shortly after the Revolution acts of attainder were
+passed by several of the states. The passage of such bills is expressly
+forbidden by the Constitution.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p.
+190.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“A bill of attainder, as thought of in the United States to-day, would
+be such law as permitted a person charged with the commission of a
+crime, to be tried and found guilty and sentenced without being present
+at the trial.”</span> It is one of the rules of procedure in court to-day that
+in all criminal cases the person charged with crime must be present
+during the entire trial. Another fundamental judicial fact is that all
+criminal punishment terminates with the death of the person found
+guilty; his children are exempt.</p></dd><dt class="tei tei-notelabel"><a id="note_87" name="note_87" href="#noteref_87">87.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“An ex-post-facto
+law is a law which in its operation makes an
+act criminal which was not criminal at the time the act was committed,
+or provides a more severe punishment for criminal acts already committed,
+or changes the rules of procedure so as to make it more difficult
+for one accused of crime to defend in a prosecution of such crime.”</span> <span class="tei tei-q">“The
+prohibition relates to retroactive criminal statutes providing a punishment
+for an act previously committed or increasing the punishment making
+it more difficult for the accused to defend, but not to retroactive laws,
+even though criminal, which mitigate the punishment or merely change
+or regulate the procedure without imposing any additional substantial
+burden on the accused in making his defense.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American
+Government</span></span>, Vol. I, p. 700.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We should keep in mind that both <span class="tei tei-q">“bills of attainder”</span> and <span class="tei tei-q">“ex post
+facto”</span> laws have only to do with crimes and their punishment. These
+laws do not relate to civil matters.</p></dd><dt class="tei tei-notelabel"><a id="note_88" name="note_88" href="#noteref_88">88.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Art. I, Sec. 8.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Titles of nobility as recognized in many European countries include
+the following: duke, earl, marquis, viscount, and baron. These titles
+were in part hereditary and in part acquired. They always conferred
+special privileges both in rank and in political preferment. Such titles
+cannot exist in a democracy because they in their very nature destroy
+equality before the law, and that is the fundamental principle of democratic
+government.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The provisions prohibiting the granting of titles of nobility are designed,
+no doubt, first to preserve equality before the law, and second,
+to secure in perpetuity a republican form of government. Such provisions
+are not essential to theoretical equality before the law, for such
+equality is fundamental in the law of England notwithstanding the existence
+of titles of nobility. But the framers of the Constitution evidently
+contemplated a form of government in which there should be no
+special privileges conferred by rank or title. The additional provision
+in the Federal Constitution prohibiting the acceptance by any person
+holding any office of profit or trust under the United States of any
+present, emolument, office or title from any foreign sovereign or power
+without the consent of Congress, was probably intended to prevent the
+exercise of foreign influence in governmental affairs. These articles in
+the Constitution are substantially borrowed from the Articles of Confederation.”</span>—Emlin
+McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American
+Government</span></span>, Vol. II, p. 58.</p></dd><dt class="tei tei-notelabel"><a id="note_89" name="note_89" href="#noteref_89">89.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution
+of the United States, Art. III, Sec. 3, Cl. 1.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Treason is defined in this article of the Constitution and therefore
+Congress cannot define it in any other manner. Many people use the
+word <span class="tei tei-q">“treason”</span> very loosely. They often speak of a person committing
+treason when the act committed is not treasonable at all, but is some
+less severe crime. Treason consists only in levying war against the
+United States or in giving aid or comfort to enemies of the United
+States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The meaning of <span class="tei tei-q">“two witnesses to the same overt act”</span> is that the
+Constitution requires that two persons will appear in court and swear to
+the fact that they personally saw the act committed. <span class="tei tei-q">“Overt act”</span> means
+<span class="tei tei-q">“openly committed act”</span>. Chief Justice John Marshall knew that in
+the trial of Aaron Burr it would be impossible to get two persons to
+swear to having seen Burr commit the conspiracy, so he took advantage
+of the technicality in the indictment and threw the case out of court.
+This trial was held at Richmond, Virginia.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“Confession in open court”</span> is about the only instance in which such
+confession will convict a person charged with committing a crime. As
+a rule a person's own confession will not be accepted as evidence against
+him, in criminal prosecutions, because few confessions are made without
+some threat or inducement and under the guaranty (p. 99) that a
+person cannot be compelled to be a witness against himself they are excluded.</p></dd><dt class="tei tei-notelabel"><a id="note_90" name="note_90" href="#noteref_90">90.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Art. III, Sec. 2, Cl. 3.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Impeachment is the manner of trial fixed by the Constitution for the
+trial and removal of Federal officers who are accused of treason, bribery,
+and other high crimes and misdemeanors. Congress alone has the power
+of conducting an impeachment of Federal officers. The legislature of a
+State has the power of impeaching State officers. Impeachment, as the
+word is commonly used, includes both accusation and trial. The <span class="tei tei-q">“Impeachment”</span>
+or accusation is brought by a two-thirds vote of the lower
+house, and the trial and conviction or acquittal is carried on by the
+upper house. Andrew Johnson, President of the United States, was impeached—i.e.
+he was formally accused, but he was acquitted in his trial
+in the Senate. Conviction in an impeachment proceeding causes an
+officer to be removed from office and disqualified from ever holding any
+office of honor or trust under the government again. A person may
+be convicted and not given the full penalty. He may be only removed
+from office, but not disqualified from again holding office.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+It is possible that a crime may be committed on a river that forms
+State boundaries. Where a river forms a boundary the middle of the
+main channel is made the boundary line. It is often difficult to determine
+on which side of the line the crime was committed, and both States
+may then claim to have jurisdiction over the case. This must be decided
+as any other fact in the case.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The manner of the trial in use, before jury trial was established, was
+by ordeal or by battle. In trial either by ordeal or by battle the issue
+was left to God to decide and He was thought to perform a miracle to
+reveal the guilt or innocence of the accused person. One form of ordeal
+was to compel the accused to plunge his arm into boiling water and if
+innocent the Lord would protect him from being scalded. Another form
+of ordeal was to compel the accused to walk barefoot over hot plow shares.
+If innocent the Lord would again protect his feet from being burned.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The first form of jury to displace the old ordeal or battle as a means
+of deciding guilt or innocence was the <span class="tei tei-q">“compurgators”</span> or <span class="tei tei-q">“oath bearers”</span>.
+They comprised a group of men who would appear before the court and
+give oath that the accused was not a bad man and had committed no
+crime. They did not investigate the accusation, they only testified to the
+good character of the accused. If a man accused could not produce
+compurgators, he must undergo the ordeal. The duty of these oath
+bearers gradually became more extended until they became investigators,
+and finally became a grand jury.</p></dd><dt class="tei tei-notelabel"><a id="note_91" name="note_91" href="#noteref_91">91.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Art. IV, Sec. 2, Cl. 1.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The right of a citizen of one state to pass through, or to reside in,
+any other state, for purposes of trade, agriculture, professional pursuits,
+or otherwise; to claim the benefit of habeas corpus; to institute and maintain
+actions of any kind in the courts of the state; to take, hold and dispose
+of property, either real or personal; and an exemption from higher
+taxes or impositions than are paid by the other citizens of the state;
+may be mentioned as some of the particular privileges and immunities of
+citizens, which are clearly embraced by the description”</span>—Corfield vs.
+Coryell, <span class="tei tei-hi"><span style="font-style: italic">Washington C. C. Rep. 380</span></span>.</p></dd><dt class="tei tei-notelabel"><a id="note_92" name="note_92" href="#noteref_92">92.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Art. 6, Cl. 3.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+While no religious test of any kind may ever be required from any
+officer of the United States as a condition of his being elected, or holding
+office, public sentiment nevertheless favors Christian character among
+the people. If a candidate for office were an atheist and made public
+confession as to his lack of belief in God, it would doubtless mitigate
+against his election.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“The general principle of equality of all persons before the law excludes
+discriminations made on account of religions belief, with the result
+that religious tests should not be made the basis of political rights or
+for determining qualifications for office or in general for the possession,
+exercise, or protection of civil rights.”</span>—Emlin McClain, quoted in the
+<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. III, p. 176.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+<span class="tei tei-q">“This clause was introduced for the double purpose of satisfying the
+scruples of many persons who feel an invincible repugnance to any religious
+test or affirmation, and to cut off forever every pretence of any
+alliance between church and state in the national government”</span>—Story's
+Const. Sc. 1841.</p></dd><dt class="tei tei-notelabel"><a id="note_93" name="note_93" href="#noteref_93">93.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">A glance at the motives of Europeans in coming to America will
+reveal the fact that thousands of the best people of European countries
+left their homes to escape either religious or political persecution at the
+hands of the government or the king. Such was true of the Huguenots
+of France, the Pilgrims and Puritans of England, and only recently,
+the Jews of Russia.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The laws of <span class="tei tei-q">“attainder”</span> in England in the early times confiscated the
+property of persons, however innocent they themselves might be, if they
+were near relatives of other persons who had committed grave crimes.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Before the passage of the Habeas Corpus Act of 1679 in England, any
+person of royalty or high official standing in the government could falsely
+accuse another person of crime and cause that innocent person to languish
+in prison for years, or even for life, because he could not get
+before a court of justice to establish his innocence.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In many European countries the peasants were burdened with taxes
+to support kings and courts without the slightest representation in the
+tax levying authority. In France, just preceding the French Revolution,
+the peasants were obliged to purchase a certain number of barrels
+of salt each year, without having the slightest use for the salt, because
+the crown lands produced salt and the revenues went to the king.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In many European countries a state church was established and the
+people obliged to support it by taxes levied against their property, regardless
+of whether it represented their religious beliefs.</p></dd><dt class="tei tei-notelabel"><a id="note_94" name="note_94" href="#noteref_94">94.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">A
+comparison of the provisions of the Declaration of Independence
+with those of the Constitution will show the wrongs of the English king
+righted by the Constitution.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“He has refused assent to laws the most
+wholesome and necessary for the public good.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—A bill if vetoed by the President
+may be repassed by two-thirds of the senate and house of representatives.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“He has forbidden his governors to pass
+laws of immediate and pressing importance.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—Congress shall have the power
+to lay and collect taxes, duties, etc. (See Const. Art. I, §. 8.)
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“He has dissolved representative houses
+repeatedly, for opposing with manly firmness, his invasions on the rights
+of the people.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—Congress shall meet at the seat
+of government—once each year.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“He has refused, for a long time after
+dissolution, to cause others to be elected.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—The time, place and manner of
+holding elections for Senators and Representatives, shall be prescribed
+in each State by the legislature thereof.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“He has obstructed the administration
+of justice.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—Jurisdiction of Courts fixed by
+Constitution. Judges not responsible to the President, but to Congress,
+which represents the people.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“He has made judges dependent on his
+will alone.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of United States.—Judges subject to removal only by impeachment
+by Congress.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“He has kept standing armies ...
+without consent of the legislature.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—<span class="tei tei-q">“Congress shall have power to
+raise and support armies.”</span> <span class="tei tei-q">“To provide and maintain a navy.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“For transporting us beyond seas to
+be tried for pretended offenses.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—<span class="tei tei-q">“Such trial shall be held in the
+state where said crime shall have been committed.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“For depriving us, in many cases, of
+the right of trial by jury.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—<span class="tei tei-q">“The trial of all crimes, except in
+case of impeachment, shall be by jury.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“For quartering large bodies of armed
+troops among us.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—<span class="tei tei-q">“No soldier shall in time of peace,
+be quartered in any house without the consent of the owner.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Declaration of Independence.—<span class="tei tei-q">“For imposing taxes on us without our
+consent.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Constitution of the United States.—<span class="tei tei-q">“Congress shall have power to
+levy and collect taxes.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_95" name="note_95" href="#noteref_95">95.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">On December 2, 1917, in New York City, in a meeting of men who
+called themselves Bolshevists and I. W. W.'s, the following paragraph
+was an introduction to a set of resolutions drawn up: <span class="tei tei-q">“We are the
+Bolshevists of America. We denounce governments, institutions and
+society; we hail social revolution and the destruction of the existing
+order of things.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In the preamble to the Constitution of the Independent Workers of
+the World (I. W. W.) we find this statement: <span class="tei tei-q">“The working class and
+the employing class have nothing in common. Between these two classes
+the struggle must go on, until the workmen of the world organize as a
+class, take possession of the earth and the machinery of production, and
+abolish the wage system. Our motto is—<em class="tei tei-emph"><span style="font-style: italic">The abolition of the wage system.</span></em>”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+How foolish is the above statement that the working class and the
+employing class have nothing in common. The truth of the matter is
+that they have everything in common. Every employer—almost without
+exception—was once a workman. He was a successful workman, therefore
+he became more than a workman—he became an employer. Furthermore, workmen cannot exist without employment. Neither can employers
+exist without the workmen. They are not only each concerned
+in the welfare of the other; neither can exist without the other.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The following is another passage taken from the resolutions drawn
+up by the Bolshevists in which they say the general strike is their weapon
+of defense: <span class="tei tei-q">“We will strike for a six hour day, then for a four hour
+day, then for a two hour day, with increased wages all the time, and
+then we will be strong enough to take everything and work no more.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+We wonder how any sensible man can believe such logic as this. Was
+it not Saint Paul who said that if any man would not work neither
+should he eat.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Socialist party platform of 1912 declared in favor of the abolition
+of the United States Senate, the amendment of the Constitution of
+the United States by a majority vote of the people, the election of judges
+for short terms of office, the denial of the right of the U. S. Supreme
+Court to declare the acts of Congress void.</p></dd><dt class="tei tei-notelabel"><a id="note_96" name="note_96" href="#noteref_96">96.</a></dt><dd class="tei tei-notetext">Article
+V of the Constitution of the United States provides for
+the amendment of that fundamental law of the country. It says amendments
+may be proposed by a bill for amendment being introduced into
+either house of Congress and passing each house by a two-thirds vote,
+or secondly, by the State legislatures of two-thirds of the States demanding
+that Congress call a national convention in which amendments
+may be proposed. If these proposed amendments are ratified by the
+legislatures of three-fourths of the States or by conventions called in
+three-fourths of the States, they become an integral part of the Constitution.</dd><dt class="tei tei-notelabel"><a id="note_97" name="note_97" href="#noteref_97">97.</a></dt><dd class="tei tei-notetext">Some of this good legislation includes: Child Labor Laws; Workmen's
+Compensation Laws; Industrial Insurance for Workingmen; Compulsory
+Education; Pure Food Laws; Better Sanitary Conditions in
+Factories; Safety Appliances; Free Medical Inspection for School Children;
+and Care of the Poor.</dd><dt class="tei tei-notelabel"><a id="note_98" name="note_98" href="#noteref_98">98.</a></dt><dd class="tei tei-notetext">If you
+read carefully the fifth article of the Constitution of
+the United States, you will learn that the Constitution may be amended
+either by the people's representatives who sit in Congress, and in State
+legislatures, or by the legislatures of the States demanding that a National
+convention shall be called in which the people may choose the members
+Which ever method of amending the Constitution is used, it is the people
+who exercise the power of changing the Constitution.</dd><dt class="tei tei-notelabel"><a id="note_99" name="note_99" href="#noteref_99">99.</a></dt><dd class="tei tei-notetext">Every
+teacher in every public school ought to feel in duty bound
+to teach the fundamental principles of the Constitution to all the children
+in the school. A recitation period ought to be set aside each day
+for the study of civics of the community, of the locality, of the State,
+and of the United States. Every pupil in every public school ought to
+feel proud of the opportunity to learn how his government is made and
+how his government works, how he may become a helpful citizen by being
+an intelligent voter when he comes to be a man. Adult people ought
+to organize civic clubs in the community for the discussion and study of
+questions of government and politics.</dd><dt class="tei tei-notelabel"><a id="note_100" name="note_100" href="#noteref_100">100.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The
+following suggestions have been made by good, honest people
+who have their country's welfare at heart. Thus far the people as a
+whole have not advocated their adoption, but some of them may be made
+part of the Constitution in time to come.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+a. The direct popular election of President and Vice President of the
+United States.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+b. The adoption of the initiative, referendum, and recall in the
+National government.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+c. Federal legislation governing both marriage and divorce throughout
+the Nation.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+d. Federal jurisdiction over all cases affecting foreigners—for example
+in instances like the Italian riot in New Orleans, or in the Japanese
+problem on the Pacific coast.</p></dd><dt class="tei tei-notelabel"><a id="note_101" name="note_101" href="#noteref_101">101.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The following
+is a brief outline of the various attempts at union
+among the colonies.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+(a) 1643-1684—New England Confederation: Massachusetts Bay;
+Plymouth; Connecticut; New Haven.<br />
+(b) 1684—Albany Council.<br />
+(c) 1690—First Colonial Congress.<br />
+(d) 1696—William Penn's Plan.<br />
+(e) 1701—Robert Livingston's Plan.<br />
+(f) 1722—Plan of Daniel Cox.<br />
+(g) 1754—Plan of Rev. Mr. Peters.<br />
+(h) 1754—Plan of the Lords of Trade.<br />
+(i) 1754—Albany Plan.<br />
+(j) 1765—Stamp Act Congress.<br />
+(k) 1774—First Continental Congress.<br />
+(l) 1775—Second Continental Congress.<br />
+(m) 1781—Congress of the Confederation.<br />
+(n) 1787—The Federal Convention.<br />
+(o) 1789—The New Government.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The chief reasons keeping the colonies apart were:
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+1. Natural geographical divisions—North, Middle, and South.<br />
+2. The great differences in size—Virginia many times larger than
+Rhode Island.<br />
+3. The instinct of local self government.<br />
+4. Character of settlers and the motives in making settlements.<br />
+5. The slave question, especially after 1750.<br />
+6. Their different forms of government—Royal, Proprietary,
+Charter.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The very first attempt at constitution making in the colonies was the
+Mayflower Compact, adopted on board the ship Mayflower before landing
+on December 20, 1620. It reads as follows: <span class="tei tei-q">“We, whose names
+are underwritten, the loyal subjects of our dred soveraigne King James,
+by the grace of God, of Great Britain, France and Ireland King, defender
+of the faith, etc. having undertaken, for the glory of God, and
+advancement of Christian faith and honor of our king and country, a
+voyage to plant the first colony in 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 hereunder subscribed our names,
+at Cape Cod, the 11th of November, in the year of the reign of our
+sovereign lord, King James, of England, France and Ireland the eighteenth,
+and of Scotland the fifty-fourth, Anno Domini.”</span>
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The first real attempt at formal constitution making was the <span class="tei tei-q">“Fundamental
+Orders of Connecticut”</span>, 1639. These <span class="tei tei-q">“Orders”</span> formed an elementary
+constitution with three departments of government and the
+duties and powers of each department fairly well set forth. The Fundamental
+Orders are frequently referred to as the first written constitution
+in America.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Articles of Confederation were made by the <em class="tei tei-emph"><span style="font-style: italic">thirteen States</span></em> in the
+name of the <em class="tei tei-emph"><span style="font-style: italic">States</span></em>. The Constitution was made by the <em class="tei tei-emph"><span style="font-style: italic">delegates of
+the people</span></em> in the name of the <em class="tei tei-emph"><span style="font-style: italic">people of the United States</span></em>. The first was a
+<em class="tei tei-emph"><span style="font-style: italic">compact</span></em> or friendly agreement; the second was a <em class="tei tei-emph"><span style="font-style: italic">contract</span></em> or binding
+union.</p></dd><dt class="tei tei-notelabel"><a id="note_102" name="note_102" href="#noteref_102">102.</a></dt><dd class="tei tei-notetext">Great modifications
+have been made in nearly all of the State Constitutions,
+an excellent analysis of which may be found in Bryce's
+<span class="tei tei-hi"><span style="font-style: italic">American Commonwealth</span></span> (Third Edition), Vol. I, p. 443.</dd><dt class="tei tei-notelabel"><a id="note_103" name="note_103" href="#noteref_103">103.</a></dt><dd class="tei tei-notetext">Since the alliance of the original thirteen States, thirty-five have
+been admitted into the Union by acts of Congress either directing the
+people to select delegates and enact a Constitution or accepting a Constitution
+already made by the people. An illustration of the former
+method of procedure is offered in 25 U. S. St. at L. 676 c 180, providing
+for the admission of North Dakota, South Dakota, Montana, and Washington
+into the Union, and of the latter in 26 U. S. St. at L. 215 c 656;
+222 c 664, providing for the admission of Idaho and Wyoming. <span class="tei tei-q">“Of
+these instruments (State Constitutions), therefore, no less than of the
+Constitutions of the thirteen original States, we may say that although
+subsequent in date to the Federal Constitution, they are, so far as each
+state is concerned de jure prior to it. Their authority over their own
+citizens is nowise derived from it.”</span>—Bryce's <span class="tei tei-hi"><span style="font-style: italic">American Commonwealth</span></span>
+(Third Edition), Vol. I, p. 431.</dd><dt class="tei tei-notelabel"><a id="note_104" name="note_104" href="#noteref_104">104.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“A constitution
+is an instrument of government, made and adopted
+by the people for practical purposes, connected with the common business
+and wants of human life. For this reason pre-eminently every word in it
+should be expounded in its plain, obvious and common sense.”</span>—Per
+Allen J., in Peo v. New York, Cent. R. Co., 24 N. Y. 485, 486.</dd><dt class="tei tei-notelabel"><a id="note_105" name="note_105" href="#noteref_105">105.</a></dt><dd class="tei tei-notetext">Legislatures
+cannot change Constitutions. <span class="tei tei-q">“I consider the people
+of this country as the only sovereign power. I consider the legislature
+as not sovereign, but subordinate; they are subordinate to the great
+constitutional charter, which the people have established as a fundamental
+law and which alone has given existence and authority to the
+legislature.”</span>—Per Roane, J. in Kanper v. Hawkins, 1 <span class="tei tei-hi"><span style="font-style: italic">Va. Cas.</span></span> 20, 86.</dd><dt class="tei tei-notelabel"><a id="note_106" name="note_106" href="#noteref_106">106.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Some
+of the state constitutions provide for periodically submitting
+to the voters the question whether a convention shall be called to revise
+and amend the constitution. Regardless of whether or not provision is
+made for periodical resubmission of the question of calling a convention,
+the constitutions usually provide that the legislature may, of its own
+volition, submit to a vote of the people the question whether a convention
+shall be called, and subject to any existing constitutional limitations,
+may prescribe the time and manner of electing delegates to such convention.”</span></dd><dt class="tei tei-notelabel"><a id="note_107" name="note_107" href="#noteref_107">107.</a></dt><dd class="tei tei-notetext">Teachers
+and school officers can perform no higher duty, can render
+no greater service to America, than to encourage the use of school
+buildings for public gatherings. They should be real community centers.
+In the city of Minneapolis, the Superintendent of Schools has recently
+reported that for the year ending July 1st, 1920, there were 5070 meetings
+held in the public school buildings, with a total attendance of 325,734
+persons. There were 1434 cultural meetings, 751 civic sessions, 2501
+recreative gatherings, and 334 social festivals. Rural consolidated school
+buildings ought always be planned for civic centers as well as school-houses.
+They ought to provide a large assembly hall where community
+gatherings may be held. They ought to provide a large and well equipped
+gymnasium where both children and adults may enjoy athletic contests
+and indoor games. These buildings ought to be open to the people
+every evening during the week if the attendance warrants.</dd><dt class="tei tei-notelabel"><a id="note_108" name="note_108" href="#noteref_108">108.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">One mark
+of good citizenship is the respect shown to emblems of
+authority. All good citizens rise to their feet and remain standing during
+the playing or singing of the National anthem. We ought to cultivate
+such habits until they become reflex: i. e. until we do them as a matter
+of course without being told by the teacher in school or by the leader of
+the choir or some other person.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Every school boy and girl ought to commit to memory the words of
+the Star Spangled Banner and of America. The teacher can make the
+singing of patriotic songs and the learning of patriotic poems and
+speeches a part of the opening exercises of the school. Poems and
+speeches learned in childhood will generally remain with us throughout life.</p></dd><dt class="tei tei-notelabel"><a id="note_109" name="note_109" href="#noteref_109">109.</a></dt><dd class="tei tei-notetext">Radicalism
+of thought and action can generally be traced to the
+segregation of the people into small groups where the individual is alone
+in his thinking. Association and cooperation tend to break up individualism.
+Where men and women come together in thought and consideration,
+there is always developed a tendency toward moderation. Our present
+day complex society demands that every individual yield something for
+the good of the whole community. The yielding process is a moderating
+process. Anarchy stands for the division of society into individuals where
+each individual becomes selfish and dominating over others around him.
+Loyalty to the Nation and the State requires that the individual shall
+coöperate with his neighbor and that he shall work in harmony with other
+people in the community. If people would more often assemble and discuss
+the needs of the entire community and how each may help to make
+the entire community better, we would have less of class distinction and
+more of social harmony and of economic prosperity.</dd><dt class="tei tei-notelabel"><a id="note_110" name="note_110" href="#noteref_110">110.</a></dt><dd class="tei tei-notetext">Republican
+government is government by the people through their
+chosen representatives. Republican government can only be good government
+and effective government, when every qualified voter will assume
+his full duty in helping carry on the government. This duty is exercised
+through the casting of an intelligent ballot on election day. In the
+presidential election of 1908 the percentage of qualified voters actually
+voting ranged from 15.8 per cent to 88.1 per cent, the average for all
+States being 60.5 per cent.</dd><dt class="tei tei-notelabel"><a id="note_111" name="note_111" href="#noteref_111">111.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">In colonial times in America there was nothing like universal manhood
+suffrage. One-half of all the colonies required church membership
+for a suffrage right. By about 1700 all colonies required ownership of
+property for voting. This was not entirely abolished until about 1850.
+The State of Rhode Island still requires property to the extent of $134
+for voting in municipal elections.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The colony of Virginia required the holding of a freehold of fifty
+acres of land without a house, or twenty-five seres of land with a house
+at least twelve feet square. Pennsylvania required a freehold of fifty
+acres with twelve acres improved.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+In most colonies a greater property qualification was required for voting
+for members of the upper house of the legislature than for members
+of the lower house.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Several colonies and early States limited office holding to Protestants.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+The Constitution of the United States now declares that no State
+shall deny to any person the right to vote because of <em class="tei tei-emph"><span style="font-style: italic">race</span></em>, <em class="tei tei-emph"><span style="font-style: italic">color</span></em>, or
+<em class="tei tei-emph"><span style="font-style: italic">previous condition of servitude</span></em>, or <em class="tei tei-emph"><span style="font-style: italic">because of sex</span></em>. The Nineteenth
+Amendment enables women to vote on an equality with men.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+A State may add further qualifications for voting, but no State may
+deny the right to vote for any of the above reasons. Several States
+have added literacy tests for voting, and others have denied the right
+to vote to such as are insane or who have been convicted of crime, unless
+pardoned by the Governor. A few States deny suffrage to those whose
+taxes are delinquent.</p></dd><dt class="tei tei-notelabel"><a id="note_112" name="note_112" href="#noteref_112">112.</a></dt><dd class="tei tei-notetext">The
+following countries of the world have equal suffrage: New
+Zealand, 1893; South Australia, 1895; West Australia, 1900; The
+Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904;
+Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913; Norway,
+1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark, 1915;
+England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919; Luxemburg,
+1919; Germany, 1919; Austria, 1919. In no other country in
+the world is the right of suffrage more fully granted than in the United
+States since the adoption of the Nineteenth Amendment.</dd><dt class="tei tei-notelabel"><a id="note_113" name="note_113" href="#noteref_113">113.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Any
+government is free to the people under it (whatever be the
+frame) where the laws rule and the people are a party to those laws.”</span>—William
+Penn.</dd><dt class="tei tei-notelabel"><a id="note_114" name="note_114" href="#noteref_114">114.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“It is, Sir, the people's Constitution, the people's government, made
+for the people, made by the people and answerable to the people.”</span>—Daniel
+Webster.</dd><dt class="tei tei-notelabel"><a id="note_115" name="note_115" href="#noteref_115">115.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“In
+truth success cannot be expected from any system of government
+unless the individuals who compose the State entertain the respect
+for the personal rights and liberties of all.”</span>—David Jayne Hill.</dd><dt class="tei tei-notelabel"><a id="note_116" name="note_116" href="#noteref_116">116.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“We cannot,
+we must not, we dare not, omit to do that which, in our
+judgment, the safety of the Union requires.”</span>—Daniel Webster.</dd><dt class="tei tei-notelabel"><a id="note_117" name="note_117" href="#noteref_117">117.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Americanization
+always implies obligation; free choice determines
+its acceptance, and its extension must come through avenues of
+intelligent comprehension rather than through physical or governmental
+domination.”</span>—Winthrop Talbot.</dd><dt class="tei tei-notelabel"><a id="note_118" name="note_118" href="#noteref_118">118.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“The fundamental
+evil in this country is the lack of sufficiently
+general appreciation of the responsibility of citizenship.”</span>—Theodore
+Roosevelt.
+</p>
+<p class="tei tei-p" style="margin-bottom: 1.00em">
+Teachers of children may well place greater emphasis on <em class="tei tei-emph"><span style="font-style: italic">ideals</span></em>,
+<em class="tei tei-emph"><span style="font-style: italic">character</span></em>, and <em class="tei tei-emph"><span style="font-style: italic">personality</span></em> as factors in the making of a Nation. Teachers
+ought to lay greater stress on biography in the teaching of history, civics,
+and citizenship. Teach children both to know and to love Washington,
+Lincoln, and Roosevelt. Teach older pupils and students to realize that
+the aims, ideals, and achievements of a Nation can never be higher than
+the aims, ideals, and achievements of the individuals comprising that
+Nation. To know the lives and characters of America's great men and
+women is to know American history, for they made American history
+what it is. Young people enjoy the study of great characters. We all
+retain a love for heroes and heroines however old we grow. Such study
+adds color and life to history and government and humanizes the entire
+subject. Teach lives and institutions rather than mere facts. Inculcate
+into the lives of boys and girls, and of men and women, a love for our
+country, for the men and women who made it, and for the institutions in
+which they have a part. Teach them that patriotism and loyalty are
+not duties only, but are rather the highest privileges given to the people
+of a republic.</p></dd></dl>
+  </div>
+  <hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em">
+    <div id="pgfooter" class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"><pre class="pre tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em">***END OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION***
+</pre><hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><a name="rightpageheader71" id="rightpageheader71"></a><a name="pgtoc72" id="pgtoc72"></a><a name="pdf73" id="pdf73"></a><h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Credits</span></h1><table summary="This is a list." class="tei tei-list" style="margin-bottom: 1.00em; margin-top: 1.00em"><tbody><tr><th class="tei tei-label tei-label-gloss">January 3, 2011  </th></tr><tr><td class="tei tei-item tei-item-gloss"><table summary="This is a list." class="tei tei-list" style="margin-bottom: 1.00em; margin-top: 1.00em"><tbody><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Project Gutenberg TEI edition 1</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item"><span class="tei tei-respStmt">
+        <span class="tei tei-name">
+            Produced by Bryan Ness, David King, and the Online
+            Distributed Proofreading Team at &lt;http://www.pgdp.net/&gt;.
+            (This book was produced from scanned images of public domain
+            material from the Google Print project.)
+        </span>
+      </span></td></tr></tbody></table></td></tr></tbody></table></div><hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><a name="rightpageheader74" id="rightpageheader74"></a><a name="pgtoc75" id="pgtoc75"></a><a name="pdf76" id="pdf76"></a><h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">A Word from Project Gutenberg</span></h1><p class="tei tei-p" style="margin-bottom: 1.00em">This file should be named 
+          34839-h.html or 
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+      <title>The Short Constitution</title>
+      <author><name reg="Wade, Martin J.">Martin J. Wade</name></author>
+      <author><name reg="Russell, William F.">William F. Russell</name></author>
+    </titleStmt>
+    <editionStmt>
+      <edition n="3">Edition 3</edition>
+    </editionStmt>
+    <publicationStmt>
+      <publisher>Project Gutenberg</publisher>
+      <date>January 3, 2011</date>
+      <idno type="etext-no">34839</idno>
+      <availability>
+        <p>This eBook is for the use of anyone anywhere at no cost and
+        with almost no restrictions whatsoever. You may copy it, give it
+        away or re-use it under the terms of the Project Gutenberg
+        License online at www.gutenberg.org/license</p>
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+            Distributed Proofreading Team at &lt;http://www.pgdp.net/&gt;.
+            (This book was produced from scanned images of public domain
+            material from the Google Print project.)
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+
+    <div rend="page-break-before: always">
+      <p rend="font-size: xx-large; text-align: center">The Short Constitution</p>
+      <p rend="font-size: large; text-align: center">Elementary Americanism Series</p>
+      <p rend="text-align: center">Being a Consideration of the
+Constitution of the United States, With Particular Reference to the Guaranties of Life,
+Liberty, and Property Contained Therein, Sometimes Designated The Bill Of Rights</p>
+      <p rend="text-align: center">By</p>
+      <p rend="font-size: x-large; text-align: center">Martin J. Wade</p>
+      <p rend="text-align: center">Judge of the United States District Court</p>
+      <p rend="text-align: center">And</p>
+      <p rend="font-size: x-large; text-align: center">William F. Russell</p>
+      <p rend="text-align: center">Dean of the College of Education, University of Iowa</p>
+      <p rend="text-align: center">Annotations By</p>
+      <p rend="font-size: x-large; text-align: center">Charles H. Meyerholz</p>
+      <p rend="text-align: center">Professor of Social Science, Iowa State Teachers College</p>
+      <p rend="text-align: center">Third and Revised Edition</p>
+      <p rend="text-align: center">American Citizen Publishing Co.</p>
+      <p rend="text-align: center">Iowa City</p>
+      <p rend="text-align: center">Copyright, 1920, 1921</p>
+    </div>
+    <div rend="page-break-before: always">
+      <head>Contents</head>
+      <divGen type="toc" />
+    </div>
+
+  </front>
+<body>
+
+<pb n='003'/><anchor id='Pg003'/>
+
+<div rend='page-break-before: always'>
+
+<p>
+What Has America
+Done For Me And
+For My Children?
+</p>
+
+<p>
+This question may not be
+spoken, but it is in the
+hearts of millions of
+Americans to-day.
+</p>
+
+<p>
+All those who attempt
+to teach Americanism to
+foreigners, <emph>and to Americans</emph>,
+must be prepared <emph>to answer
+this question</emph>. <emph>It can only be
+answered</emph> by teaching the individual
+guaranties of the Constitution of
+the United States, and of the States,
+which protect life and liberty and
+property.
+</p>
+
+<p>
+<emph>It can only be answered</emph> by convincing
+the people that this is a
+land of justice and of opportunity
+for all; that if there be abuses,
+they are due not to our form of
+government, but that the people
+are themselves to blame, because of
+<pb n='004'/><anchor id='Pg004'/>
+their ignorance of their rights, their
+failure to realize their power, and
+their neglect of those duties which
+citizenship imposes.
+</p>
+
+<p>
+All over the land earnest men and
+women are endeavoring to teach
+the great truths of Americanism,
+and with substantial success; but
+those who understand human
+nature realize that the faith of our
+fathers can only be firmly established
+by lighting the fires of
+patriotism and loyalty in the hearts
+of our children. Through them the
+great truths of our National life
+can be brought into the homes of
+the land.
+</p>
+
+<p>
+And the Nation will never be safe
+until the Constitution is carried
+into the homes, until at every fireside
+young and old shall feel a new
+sense of security in the guaranties
+which are found in this great charter
+of human liberty, and a new feeling
+of gratitude for the blessings which
+it assures to this, and to all future
+generations.
+</p>
+
+</div>
+
+<pb n='007'/><anchor id='Pg007'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>About The Authors</head>
+
+<p>
+For a work designed to promote education in the
+spirit of American citizenship it would be difficult to
+imagine a more competent authorship than that which
+has been provided for <q>The Short Constitution</q>. Either of the
+writers alone would have produced a book of high standing
+in this field; the collaboration of the two makes it a remarkable
+production in its adaptation to the subject for home
+reading, the study club, and the school curriculum. It is
+unique, and has justly been termed <q>the first real attempt to
+popularize Constitutional law.</q>
+</p>
+
+<p>
+Federal Judge Martin J. Wade has had a varied contact
+with people in his long experience as practicing attorney, district
+judge, member of Congress, and Judge of the United
+States Court. A well known Iowa publicist, he has gained
+nation wide fame as a public speaker and writer on Americanization
+and citizenship topics, basing his themes on first-hand
+experiences with conditions which have produced much unrest
+throughout the Nation. As a member of the State
+Council of National Defense during the World War, and as
+presiding judge at the trial of many obstructionists in that
+period, he conceived the idea of the need for a school of
+Americanism, to teach what our country has done for its
+citizens. Clearness and eloquence mark his public addresses,
+and have enriched the arguments and illustrations of this
+first book of the <q>Elementary Americanism Series</q>.
+</p>
+
+<p>
+Dean William F. Russell was the educational adviser sent
+with a group of experts by appointment of the President of
+the United States to advise disorganized Russia during the
+latter part of the World War; and also one of the five members
+of the China Educational Commission of North America,
+sent to China in 1921. His course of study in American
+<pb n='008'/><anchor id='Pg008'/>
+citizenship, written at the request of the National Masonic
+Research Society for use throughout the United States, was
+inspired by the observation that the government in Russia,
+in contrast with our own, was an agency that took money
+for its coffers and boys for its armies and gave nothing in
+return. In addition to his work as Dean of the College of
+Education of the State University of Iowa, and his record as
+a widely-known lecturer on educational topics, he has found
+time to write school texts notable for accurate and concise
+statement, adapted to arousing and sustaining interest in the
+student mind.
+</p>
+
+<p>
+The authors have done more than present the facts about
+the Constitution of the United States, with particular emphasis
+on its personal guaranties. They have vitalized a
+topic generally thought to be dry and technical. They have
+succeeded in making the Constitution seem to be what it is,
+a factor of first importance in the daily life of the average
+citizen. It is not too much to say that the seed of this book
+should be planted in every home in America.
+</p>
+
+<p>
+The admirable work of annotation by Professor Chas. H.
+Meyerholz, Professor of Social Science in the Iowa State
+Teachers College, gives much additional material for elementary
+and advanced study. Professor Meyerholz is well known
+as an authoritative teacher, writer, and lecturer on subjects
+pertaining to government, and has done much valuable
+Americanization work.
+</p>
+
+<p>
+The elementary and advanced questions at the end of each
+chapter will serve as a guide to all teachers and leaders of
+study classes. The text of the Declaration of Independence
+and the Constitution of the United States, with the original
+capitalization and punctuation preserved, and an abridgement
+of a State Constitution, printed at the end of the book,
+are valuable for reference.
+</p>
+
+<p>
+<hi rend='smallcaps'>The Publisher</hi>
+</p>
+
+</div>
+
+<pb n='009'/><anchor id='Pg009'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Preface</head>
+
+<p>
+<q>The Short Constitution</q> is one of a series of
+volumes entitled <q>Elementary Americanism</q>, intended
+for use in the home, the club, the school, and
+in general Americanization work.
+</p>
+
+<p>
+It is our hope that regular courses in <q>Americanism</q> will
+soon be established in all schools, colleges, and universities.
+</p>
+
+<p>
+We use the term <q>Americanism</q> because we feel that it
+signifies something broader, deeper, and more appealing than
+any title now used in the schools in the teaching of American
+government, or citizenship, or the rights and duties of the
+citizens of the United States.
+</p>
+
+<p>
+We like the term <q>America</q> better than <q>the United
+States</q>. <q>The United States</q> suggests boundaries, codes,
+and constitutions. <q>America</q> suggests all these and then it
+suggests <emph>spirit</emph>. There <emph>is</emph> such a thing as <q>Americanism</q>. It
+includes all there is of information relating to our country;
+but it also has a soul <q>Americanism</q> relates to democracy,
+into which enter all the ideals, all the impulses and emotions
+of men, women, and children. <q>Americanism</q> teaches not
+only the relation of the States to the National government,
+and the relation of citizens to both the State and the National
+government, but it also teaches the relation of men,
+women, and children to each other.
+</p>
+
+<p>
+This is a government by the people, and therefore we must
+understand the people in order that we, the people, may govern.
+</p>
+
+<p>
+To arouse patriotism and loyalty we must do more than
+develop the powers of the mind, do more than expand the
+field of knowledge. We must inspire in the heart faith, confidence,
+and love. Men must not only learn how to govern,
+but they must learn how to be governed. We must not only
+learn to command, but also to obey. Our spirits must be so
+<pb n='010'/><anchor id='Pg010'/>
+molded that we can submit to duly constituted authority,
+submission to which is the most lofty expression of American
+patriotism.
+</p>
+
+<p>
+Submission to authority in America is submission to law,
+for no man in this country has any authority to command or
+direct a fellowman, except as the law made by the people
+vests him with such authority.
+</p>
+
+<p>
+To inspire devotion to our country we must arouse in the
+hearts of our people a sense of gratitude for the blessings
+which come to us because we live in free America, gratitude
+for the rights and liberties which we possess, which are protected
+by the guaranties of a written Constitution adopted by
+the people themselves.
+</p>
+
+<p>
+There is only one way in which the average person may
+be brought to see what America has done for him, and that
+is by contrasting the rights, privileges, and opportunities
+which he has with those possessed by others in the same walk
+of life before the Constitution became the bulwark of the people
+against injustice and wrong.
+</p>
+
+<p>
+The aim of <q>The Short Constitution</q> is to present, in a
+form as simple as possible, a definite knowledge of all the
+personal guaranties of the Constitution, with an explanation
+of what they mean, and what they have done in the advancement
+of human happiness; and a brief explanation of
+the machinery of government provided by the Constitution.
+</p>
+
+<p>
+Everyone who understands human nature will admit that
+to mold the spirit, to inspire faith, and to excite gratitude
+training must begin in childhood. The child must learn:
+</p>
+
+<quote rend='display'>
+<p>
+(a) What authority means.
+</p>
+
+<p>
+(b) The source of authority.
+</p>
+
+<p>
+(c) In whom authority rests: in the parent, in the teacher,
+and in public officers selected by the people to enforce
+the authority of the community, the State, and of
+the Nation.
+</p>
+
+<pb n='011'/><anchor id='Pg011'/>
+
+<p>
+(d) How the authority of the people, the community, the
+State, and the Nation is expressed through laws which
+are nothing but rules of human conduct.
+</p>
+
+<p>
+(e) How we should respect authority and submit to
+authority.
+</p>
+
+<p>
+(f) How and by whom those who will not yield obedience
+to authority out of respect will be compelled to obey
+by punishment.
+</p>
+</quote>
+
+<p>
+We have adopted a new method of presenting this subject.
+In this country authority is largely administered
+through the courts. Judges of the courts construe the Constitution
+and the laws; and, generally with the aid of a jury,
+determine rights and wrongs, and enforce justice through
+their judgments and decrees.
+</p>
+
+<p>
+We therefore feel that the subject <q>Americanism</q>, presented
+through the spoken word of a judge, will better gain
+and hold the attention of the pupil than in any other way.
+We have the teacher invite Judge Garland to deliver a series
+of <q>Talks</q> to the pupils, which are herein presented. By
+this direct method greater freedom of expression is permitted
+and with the aid of notes greater brevity is possible. In these
+<q>Talks</q> considerable apparent repetition will appear. This is
+essential to thorough understanding. Without reiteration it
+is impossible to accomplish our purpose which is not only to
+enlighten, but to inspire.
+</p>
+
+<p>
+Our endeavor is to present the subject not from the standpoint
+of the government, but from the standpoint of the
+people. The <emph>rights of the people</emph> are of first importance in a
+Nation where men, women, and children are free. The State
+and the Nation have no rights except those given them by the
+people. Strictly speaking the Nation and the States have no
+<q>rights</q> but only the duty to exercise certain powers in the
+protection of the liberties of the people.
+</p>
+
+<pb n='012'/><anchor id='Pg012'/>
+
+<p>
+In America the rights of the people are supreme. The
+state exists for man, not man for the state.
+</p>
+
+<p>
+To gain substantial results we must rely largely upon the
+industry and enthusiasm of the instructors. We are sure they
+will realize that in the <q>upbuilding of the spirit</q> a proper atmosphere
+must be created and maintained. Doctor Steiner
+wisely said, <q>Religion cannot be taught, it must be caught</q>.
+In other words religion is of the spirit; so is patriotism. <emph>Always
+bear in mind that in presenting the Constitution we
+are teaching human rights under the Constitution.</emph>
+</p>
+
+<p>
+It is more than a century since the Constitution was ratified,
+and, so far as we have knowledge, this is the first direct
+attempt to translate its guaranties into the language of the ordinary
+man, woman, and child. We demand respect for, and
+loyalty to the Constitution, but the truth is that the ordinary
+citizen has no knowledge of the relation of the Constitution
+to his life or to the life of his children.
+</p>
+
+<p>
+<hi rend='smallcaps'>The Authors</hi>
+</p>
+
+</div>
+
+<pb n='013'/><anchor id='Pg013'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>I. The Judge's First Talk</head>
+<head type='sub'>Reasons For The Study Of The Constitution Of The
+United States</head>
+
+<p>
+For several days there had been an air of expectancy about
+the school. At Monday's assembly the teacher had announced
+that she had persuaded Judge Garland to come to
+talk to the teachers and pupils about the Constitution of their
+country and about the law, the rights, the powers, and the
+duties of the people. A real live judge was coming! Most of
+the children had never seen a judge. The word inspired a
+sort of dread. They had read of men being sentenced to
+prison. They expected to see a fierce, hard-hearted man.
+Some of the younger children had wondered if it would be
+possible to stay away from the assembly room when the
+judge was there, but the teacher said that everyone should
+be present. So important was the subject that the teachers
+were to be there, too; and many fathers and mothers that
+could spare the time were also invited. The principal had
+said that he would not miss a meeting.
+</p>
+
+<p>
+So when Friday came the assembly room was crowded.
+All the pupils and teachers were there, and in the rear of
+the room were a few of the parents. The door opened and
+the principal of the school entered. By his side was a man
+whose gray hair and serious countenance told of years of
+responsibility. He did not appear <q>fierce</q>. Rather his
+face was kind and his eyes twinkled as he ascended the platform
+and stood looking out over the faces before him.
+</p>
+
+<p>
+The principal introduced Judge Garland who bowed and
+began his series of talks to the children.
+</p>
+
+<p>
+Well my friends, I am glad to see you. I am delighted to be
+<pb n='014'/><anchor id='Pg014'/>
+back in a school room again. It is many years ago, though
+it seems but a short time, since as a schoolboy I sat in a
+school room like this, among boys and girls like you. I suppose
+that I studied about as you study, and did not recite
+any better than you recite. I thought I had to work very
+hard, and I remember that I often looked out of the open
+window of the school room when the summer sun was warm,
+and I thought I could hear the trees, the grass, the stream,
+and even the fish calling me to quit study and come out to
+joy and freedom. I know it was a real temptation. I could
+have had a good time, but I have often been glad since that
+I obeyed my teacher, my parents, and the law, and continued
+my studies in school. I am glad, because I now realize how
+much easier, how much happier, and how much more useful
+my life has been because I did not listen to the voice of temptation
+which called me from work to play.<note place='foot'><p>Boys and
+girls often do not realize the value of an education as
+a preparation for success in life. The following figures from an educational
+authority show what education does for a boy or a girl.
+</p>
+<p>
+(a) Less than three per cent of the people of the United States have
+a college education, but this three per cent furnishes fifty-nine per cent
+of the men and women called successful. Fourteen per cent come from
+those having had some college training. This shows that nearly three-fourths
+of all men and women in the United States called successful
+have had some college training.
+</p>
+<p>
+(b) During the past ten years Massachusetts has given all her children
+a minimum of seven years of schooling, while Tennessee has given
+her children but three years. The Massachusetts citizens produce per
+capita $260 per year, while the Tennessee citizens produce per capita
+$116 per year.
+</p>
+<p>
+(c) Of the fifty-five members attending the Federal convention that
+made the Constitution of the United States in 1787, thirty had attended
+college, and twenty-six had college degrees. Of the forty State officers
+in Iowa in 1918, thirty were college graduates, seven were graduates of
+high schools, and only three had less than a high school education.
+</p>
+<p>
+(d) The child with no schooling has one chance in 150,000 of performing
+distinguished services; with elementary education he has four
+times the chance; with high school education he has eighty-seven times
+the chance; with college education he has eight hundred times the chance.
+</p>
+<p>
+(e) Every boy and every girl should stick to his school work until he
+at least graduates from a fully accredited high school.
+</p></note>
+</p>
+
+<p>
+Since those pleasant school days I have seen much of
+human life. On the bench now for over twenty-five years,
+I have been compelled to deal with all sorts of people, even
+the little children who early in life sometimes drift from the
+path of right to ways of wickedness. I have served as judge
+of the Juvenile Court, and judge of the court in which the
+worst criminals are tried. I have heard the cases of thousands
+of persons on trial for crimes, men and women, young and
+old. I have sent hundreds to prison, and I have been compelled
+to sentence some to death.
+</p>
+
+<p>
+In this experience, I have learned something of how easy
+it is, unless we are on our guard, to sin against the laws of
+our country, and against the laws of God. I have observed
+that the average person does not fully appreciate the value of
+liberty until he is about to lose it.<note place='foot'><p><q>Law
+can do nothing without morals.</q>&mdash;Benjamin Franklin.
+</p>
+<p>
+<q>Through the whole of life and the whole system of duties, much the
+strongest moral obligations are such as were never the results of our
+option.</q>&mdash;Edmund Burke.
+</p>
+<p>
+<q>To do evil that good may come of it, is for the bungler in politics
+as well as in morals.</q>&mdash;Benjamin Franklin.
+</p>
+<p>
+<q>Duty is not collective; it is personal.</q>&mdash;Calvin Coolidge.
+</p></note>
+</p>
+
+<p>
+I also know that most people do not know the worth of the
+protection which our Constitution gives to each one of us,
+until someone is about to take away their right to life, or to
+<pb n='015'/><anchor id='Pg015'/>
+liberty, or to property; and then they cry out for help. If
+they are right in their appeal, they always find help in the
+Constitution and in the law of the land. Yet it is true that
+there is much real ignorance about our country, our Constitution,
+and our laws. There is even much ignorance of these
+things among people who are supposed to be well educated.
+</p>
+
+<p>
+So I was pleased when your teacher came to me the other
+day asking me to come to your school a couple of times a
+week, to talk to you about our country, our Constitution, and
+our laws. I am happy to be able to comply with her request. It
+is a difficult subject for children, yet children must study these
+things, and learn them. There is no more important subject.<note place='foot'><p><q>Ignorance
+of the law excuses no man.</q>&mdash;Selected.
+</p>
+<p>
+<q>Knowledge is in every country the surest basis of public happiness.</q>&mdash;George
+Washington.</p></note>
+</p>
+
+<p>
+One of the chief objects of furnishing free education to
+children, rich and poor, is to make of them good law-abiding
+citizens; citizens who know what authority is; citizens who
+will obey the voice of authority; citizens who realize that
+authority in this country rests in the people themselves; citizens,
+men and women, who realize that they owe a duty to
+their country and their fellowmen to do all they can to
+keep America the most free and the most just country in
+the world.<note place='foot'><p><q>The thorough education of all classes of people is the most
+efficacious means of promoting the prosperity of the Nation. The material
+interests of its citizens, as well as their moral and intellectual culture,
+depend upon its accomplishment.</q>&mdash;Robert E. Lee.
+</p>
+<p>
+<q>In a Republic education is indispensable. A Republic without education
+is like the creature of imagination, a human being without a soul,
+living and moving blindly, with no just sense of the present or the future.</q>&mdash;Charles
+Sumner.
+</p>
+<p>
+<q>Without popular education, no government which rests upon popular
+action can long endure. The people must be schooled in the knowledge,
+and if possible in the virtues, upon which the maintenance and success
+of free institutions depend.</q>&mdash;Woodrow Wilson.
+</p></note>
+</p>
+
+<p>
+No American child should leave school without a full
+knowledge of the government of our country; nor until he
+has in his heart loyal devotion to America, and to the Stars
+and Stripes, the emblem of the free.
+</p>
+
+<p>
+Of course I do not expect you to learn all there is to be
+known about your government. However I do expect you
+to know the great fundamental truths which after all are
+very simple and easily understood.
+</p>
+
+<p>
+I am not endeavoring to make lawyers. I am not trying
+to train you to become lawyers. You know nearly all the
+children in the American schools have to learn something
+about physiology and hygiene, but not in order to become
+doctors. They study physiology and hygiene in order to
+<pb n='016'/><anchor id='Pg016'/>
+understand the ordinary rules of health, so that they may
+protect themselves as far as possible against disease and take
+care of their bodies intelligently. Of course sickness will
+come. Then you must call the doctor.
+</p>
+
+<p>
+Well, so it is in this course. I want you to know enough
+about your government, your Constitution, and your laws&mdash;because
+these things are yours&mdash;so that you, as members of
+this great society called America, will be able to understand
+your rights and duties, your privileges, your opportunities,
+and your obligations. Sometime in your life your problem
+may become so difficult, or your rights may become so endangered,
+that you will have to call upon a lawyer, just as
+when illness comes you call upon your physician.<note place='foot'><q>Where
+the State has bestowed education, the man who accepts
+it must be content to accept it merely as charity, unless he returns it
+to the State in full in the shape of good citizenship.</q>&mdash;Theodore
+Roosevelt.</note>
+</p>
+
+<p>
+No one knows anything of real worth about his country
+until he knows its Constitution. No one can have in his heart
+a full measure of gratitude for the blessings of living in a free
+country, until he knows of how fully the Constitution guards
+every right and privilege which we hold dear. So we shall
+enter upon the study of the Constitution of our country.
+</p>
+
+<p>
+But in order that you may better understand the Constitution
+of your country, in order that you may better study
+the problems which will be presented to you in this course,
+it is necessary for you to understand something, in a general
+way at least, of four separate things&mdash;<hi rend='italic'>Government</hi>,
+<hi rend='italic'>Liberty</hi>,
+<hi rend='italic'>Authority</hi>, and <hi rend='italic'>Law</hi>.
+So before talking to you of the Constitution,
+I shall talk to you on these subjects.<note place='foot'><p><q><hi rend='italic'>Government</hi>&mdash;<hi rend='italic'>Liberty</hi>&mdash;<hi rend='italic'>Authority</hi>&mdash;<hi rend='italic'>Law</hi>&mdash;the man or the woman
+who fails to appreciate the true meaning of these terms, lacks the training
+necessary to be a good citizen in a Republic.</q>&mdash;Abraham Lincoln.
+</p>
+<p>
+<q>We need more of the office desk and less of the show-window in
+politics. Let men in office substitute the midnight oil for the lime-light.</q>&mdash;Calvin
+Coolidge.</p></note>
+</p>
+
+<p>
+I know it will not be easy for you at first to understand
+some of the words and expressions which it is necessary for
+me to use. It will be necessary for me to repeat to some extent,
+from time to time, but I feel satisfied that if we will
+work together in the right spirit, you will find the matter interesting;
+and I am sure that the great truths, the great principles
+of life, conduct, and action will soon become clear to
+your minds.
+</p>
+
+<pb n='017'/><anchor id='Pg017'/>
+
+<p>
+The important thing to realize at all times is that we are
+not talking about something away off in which we have slight
+interest, but that we are talking of things which are ours,
+which affect every one of us, not in the future, but now.
+</p>
+
+<p>
+I can recall a number of faces of men who have been before
+my court charged with crimes, who in childhood were
+sitting where you are sitting to-day. I have sentenced some
+of them to long terms of years in the penitentiary. I was
+compelled to take away from them their liberty, because they
+had shown themselves unworthy, and had shown themselves
+rebels against the authority of their country.
+</p>
+
+<p>
+On the other hand, I recall those who came into court
+seeking protection of their rights against wrongdoers&mdash;against
+those who would take away their property, the earnings
+perhaps of a lifetime; and in court they found protection,
+justice, and right. But in administering justice and
+right, the court was only applying the principles of the Constitution
+of our country which we are about to study.
+</p>
+
+<p>
+So let us enter upon this work with a determination to
+succeed in our undertaking. You know that has a great deal to
+do with our success in life&mdash;a determination to succeed.
+</p>
+
+<p>
+When you boys take your baseball team to play the team
+of some other school, you start for the baseball park determined
+to win the game; and, if you keep up this spirit, you
+probably will win the game. In any event, you play a real
+game of which your friends are proud. That is the way to
+meet all the problems of life, whether in the school room, or
+out in the world after you have entered upon the great
+battles of life.
+</p>
+
+<pb n='018'/><anchor id='Pg018'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Did you ever see a judge? Would you be afraid of a judge? Why?
+</p>
+
+<p>
+2. What are the duties of a judge?
+</p>
+
+<pb n='019'/><anchor id='Pg019'/>
+
+<p>
+3. Why did the judge say, <q>But I have often been glad since, that
+I obeyed my teacher, my parents, and the law, and continued my
+studies in school</q>? Why do boys and girls go to school? Why
+is the public willing to pay large sums of money to pay teachers,
+buy books, build school buildings, and keep them open?
+</p>
+
+<p>
+4. What law was it that the judge said he was glad that he had obeyed?
+</p>
+
+<p>
+5. Why did the judge send hundreds to prison? Why was he compelled
+to sentence some to death?
+</p>
+
+<p>
+6. What are the advantages of staying in school? What more do
+you know when you graduate from elementary school than those
+who quit earlier? Should one try to graduate from high school?
+Why?
+</p>
+
+<p>
+7. The judge says that one of the chief purposes of school is to make
+good, law-abiding citizens. Think of some person you know who
+is a <q>good, law-abiding citizen</q>; think of some one who is not;
+name five ways in which they are different.
+</p>
+
+<p>
+8. Have you read the Constitution of the United States? Should
+a good, law-abiding citizen know what is in the Constitution of the
+United States?
+</p>
+
+<p>
+9. The judge says that we owe a duty to our country. List five
+duties that a school pupil owes to his father and mother, five that
+he owes to his teacher, and, if you can, list five duties that all of
+us owe to our country.
+</p>
+
+<p>
+10. The judge says that the Constitution guards every right and privilege
+that we hold dear. Can you name any rights or privileges
+that you hold dear?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Why do we say that the United States is the <q>land of the free</q>?
+Why does the judge say that it is the most free and just country
+in the world?
+</p>
+
+<p>
+B. How are judges selected? To whom are they responsible? What
+are their duties?
+</p>
+
+<p>
+C. What are likely to be the results of poor schools?
+</p>
+
+<p>
+D. Should a parent have a right to give a child as poor an education
+or as little schooling as he may desire?
+</p>
+
+<p>
+E. Why do some States require children to study physiology and hygiene?
+Is there as good an argument for a study of the Constitution?
+</p>
+
+<p>
+F. Why does the judge say, <q>No one knows anything of real worth
+about his country until he knows its Constitution</q>?
+</p>
+
+<p>
+G. The judge says that good citizens know what authority is. Give an
+illustration of a child, a student, and a citizen who knows what
+authority is. Define authority. Give an illustration of a man who
+does not respect authority.
+</p>
+
+<p>
+H. When is a country a <q>free country</q>? What is a <q>just country</q>?
+How can a judge justify himself in a free country when he sends
+some men to prison, thereby taking away their freedom?
+</p>
+
+<p>
+I. How can an American protect his liberties? What steps must he
+take?
+</p>
+
+<p>
+J. Prepare a paper on one of the following subjects:
+</p>
+
+<quote rend='display'>
+<p>
+The Advantages of Staying in School</p>
+<p>One Law-abiding Citizen That I Know</p>
+<p>What One Man I Know Knows About the Rights and Privileges
+of the American Citizen Under the Constitution.</p>
+<p>Why Everyone Should Study the Constitution</p>
+<p>What a Law Is, Where It Comes From and Its Value</p>
+</quote>
+
+</div>
+
+<pb n='020'/><anchor id='Pg020'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>II. Government</head>
+<head type='sub'>The Purpose And Origin Of Government Among Men&mdash;In
+The United States</head>
+
+<p>
+It is a little difficult even for grown people to understand
+clearly what is meant by <q>the government</q>. They have so
+many absurd notions about what the government is, and
+where it is, that I do not wonder that children do not understand.
+If I could look into the mind of each child here this
+morning, I am sure I would find many that picture the capitol
+at Washington, the President, or some other officer as being
+the government. Now the capitol and the President and
+the Congress and the Supreme Court of the United States and
+all other National officers are part of the government, <emph>but they
+are not the government</emph>.<note place='foot'><p><q>Government
+is the aggregate of authorities which rule a society.</q>
+</p>
+<p>
+<q>Government is that institution or aggregate of institutions by which
+society makes and carries out those rules of action which are necessary to
+enable men to live in a social state, or which are imposed upon the
+people forming that society by those who possess the power or authority
+of prescribing them.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol.
+I, p. 891.</p></note>
+</p>
+
+<p>
+The government of the United States is merely the agency
+by which and through which the people protect their own
+rights and liberties. Our government may be said to be the
+organized will of all the people. The people govern in this
+country, and the men and the means by which they govern
+all combined may be said to be the government. But do not
+ever forget this fact: the President is not a master, but a
+servant. The President, Senators, congressmen, and judges,
+in the Nation; the Governors, State Senators, and State
+Representatives in the States are only agents or servants of the
+people to carry out the people's will. Also do not forget that
+the power of government does not rest in Washington, the
+capital of the Nation, nor at the capitals of the different
+States. The power of government exists all over these United
+States. The power of government exists right in the homes
+and hearts of the people.<note place='foot'><p>Government
+is the organized means and power that a State or
+Nation employs for the purpose of securing the rights of the people, and
+of perpetuating its own existence.
+</p>
+<p>
+The real aim and purpose is well stated in the preamble to our Constitution
+when it says: <q>to form a more perfect Union, establish
+Justice, insure domestic Tranquility, provide for the common Defence,
+promote the general Welfare, and secure the blessings of Liberty to ourselves
+and our Posterity</q>.
+</p>
+<p>
+Government can never rise higher than the ideals of the people who
+compose the government. Good governments are the products of good
+people. Good governments can only exist where the people are intelligent
+and upright in character, and where each citizen is willing to guard
+the rights and privileges of others as well as those of himself.
+</p>
+<p>
+<q>This government <hi rend='italic'>of the people</hi>, <hi rend='italic'>by the people</hi>, and <hi rend='italic'>for the people</hi>,
+shall not perish from the earth.</q>&mdash;Abraham Lincoln.</p></note>
+</p>
+
+<pb n='021'/><anchor id='Pg021'/>
+
+<p>
+The President has no power except that conferred upon
+him by the Constitution and the laws which the people have
+adopted. Neither have the Senators, the congressmen, nor
+the judges any power except that given by the people, and
+the people at any time can take away any part of the power
+given. When I say the people, I mean of course all the people.
+Not that all the people must agree to any law to have
+it enacted. The majority of the people make the laws as a
+rule. We shall take this up later and consider it fully. Government
+is power to exercise authority. Authority is in the
+people, and the authority of the people is expressed as they
+want it in laws which they make.
+</p>
+
+<p>
+But what is government for? Why have any government?
+</p>
+
+<p>
+Government is organized to protect human rights.<note place='foot'><p>The
+object of government is to protect the citizens of a country
+and to promote their general welfare, and it is composed of the officials
+who care for the public interests of the citizens.
+</p>
+<p>
+Under republican government, the weakest citizen enjoys the same
+rights and privileges as do the strongest citizens, the poorest have the
+same protection given to the richest, the most humble man or woman has
+a chance to become the head of his or her government and to lead the
+Nation among the most powerful Nations in the world.
+</p>
+<p>
+<q>Brains and character rule the world. There were scores of men a
+hundred years ago who had more intellect than Washington. He outlives
+and overrides them all by the influence of his character.</q>&mdash;Wendell
+Phillips.
+</p>
+<p>
+<q>The true greatness of nations is in those qualities which constitute
+the greatness of the individual.</q>&mdash;Charles Sumner.</p></note> Perhaps
+if you were a giant possessed of wonderful wisdom you
+would not need any law to protect your rights because you
+would be big enough, powerful enough, and wise enough to
+resist any person who might undertake to interfere with
+your rights; but we are not all giants and we are not all
+wise. In fact there are very few giants in the world. It is
+true, however, that some are bigger and stronger than others;
+and sometimes these big, strong people are selfish, wicked, or
+envious. They see that a weaker person has something which
+they want, and being big and strong, if there were no law
+to restrain them, they would take it.
+</p>
+
+<p>
+Now if you have a bicycle and some full-grown, strong,
+brutal man were to come into your yard, take your bicycle,
+and start away with it, what would you do? You might protest.
+You might beg him not to take your property, but this
+would probably do no good. A thief does not stop when he
+is asked to by the owner of the property he is stealing, nor
+is a thief influenced by the fact that his act is wrong. In
+fact doing wrong is the business of a thief.
+</p>
+
+<p>
+So there being many strong people in the world and many
+<pb n='022'/><anchor id='Pg022'/>
+weak people, many wise people, and many simple people,
+the full grown and the children, and many, many people who
+are not guided by rules of right or morality or justice, you can
+see how necessary it is that someone shall provide rules and
+regulations under which the weak, the simple, and the young
+may be protected from the strong, the brutal, and the wicked
+who would deprive their neighbors of their rights or their
+property, simply because they had the power to do it. This
+is what the government does.
+</p>
+
+<p>
+There have been times in the world, hundreds and thousands
+of years, during which the strong governed the weak,
+made the weak their slaves, took from the weak the earnings
+of their toil; but our government exists for the very purpose
+of restraining the strong and protecting the weak, so that
+their rights are equal. Every man is free and no man is a
+slave.
+</p>
+
+<p>
+Therefore always keep in mind that the purpose of government
+is to protect the people of all classes and ages so
+that, so far as possible, all may be equal in their right to do
+the things they want to do, own the things they want to own
+so far as they are able to produce or procure them, think the
+things they want to think, and speak the things they want
+to speak. In other words, <emph>government is to protect our freedom
+against the wrongs of others</emph>.
+</p>
+
+<p>
+Now we must not have the notion in our mind that the
+government has anything to do with who shall work, or who
+shall play, or who shall idle. Occupations in life are not
+selected by the government. Each person determines this
+for himself. That is one of the privileges which we have in
+a free country, to select our own occupations; and as you go
+through life you will find that what appear to be the higher
+or better occupations are usually earned by industry, faithfulness,
+and honesty.<note place='foot'><p><q>There
+is always hope in a man that actually and honestly works.
+In idleness alone is there perpetual despair.</q>&mdash;Thomas Carlyle.
+</p>
+<p>
+<q>He that hath a trade hath an estate, and he that hath a calling hath
+an office of profit and honor.</q>&mdash;Benjamin Franklin.
+</p>
+<p>
+<q>If you have the great talents, industry will improve them; if moderate
+abilities, industry will supply their deficiencies.</q>&mdash;Joshua Reynolds.
+</p>
+<p>
+<q>Other nations have received their laws from conquerors; some are
+indebted for a constitution to the suffering of their ancestors through
+revolving centuries. The people of this country, alone, have formally
+and deliberately chosen a government for themselves, and with open and
+uninfluenced consent bound themselves into a social compact. Here no
+man proclaims his birth or wealth as a title to honorable distinction,
+or to sanctify ignorance and vice with the name of hereditary authority.
+He who has most zeal and ability to promote public felicity, let him
+be the servant of the public.</q>&mdash;John Adams.
+</p>
+<p>
+<q>The basis of our political system is the right of the people to make
+or alter their constitution of government.</q>&mdash;George Washington.
+</p>
+<p>
+<q>Let us then, fellow citizens, unite with one heart and one mind and
+labor for the welfare of the country.</q>&mdash;Thomas Jefferson.
+</p>
+<p>
+<q>The Declaration of Independence and the Constitution of the United
+States are parts of one consistent whole, founded upon one and the same
+theory of government,&mdash;that the people are the only legitimate source of
+power, and that all just powers of government are derived from the consent
+of the governed.</q>&mdash;John Quincy Adams.</p></note>
+</p>
+
+<p>
+I am going to talk to you some day about occupations in
+<pb n='023'/><anchor id='Pg023'/>
+life so that you will understand that our place in life is
+selected by ourselves, determined by our efforts and our conduct.
+I want you to start out in life with such a knowledge
+of these things that you will never blame your country if you
+do not like your job.
+</p>
+
+<p>
+<emph>But how did our government come into existence? What
+was the beginning?</emph> Well, it is all very simple if we only
+get right down to elementary principles, if we only <q>begin
+at the beginning</q>. Perhaps your father is a Woodman,
+or an Odd Fellow, or a Knight of Columbus. Perhaps he
+is a member of the American Federation of Labor. Perhaps
+your mother belongs to the Eastern Star, or the P. E. O.
+society. Perhaps you belong to some school fraternity, debating
+society, or neighborhood club, the Boy Scouts, or the
+Camp Fire Girls.
+</p>
+
+<p>
+Now let us go back a few years. None of these societies
+were in existence. Where did they come from? One day,
+years ago, a few men and women, or boys and girls, met perhaps
+in some home, or the office, and talked over the plan
+which perhaps had been suggested by some one present at
+the meeting. After discussion, it was decided to form an organization.
+I have no doubt that most of you have had such
+an experience. The beginning of each society was merely
+an idea in the mind of some one. He or she talked of it
+to some one else, and the discussion extended until enough of
+interested persons came together to complete an organization
+and give it a name.
+</p>
+
+<p>
+What was the first step in perfecting the society or organization?
+It was the preparation of a written statement of the
+purposes and principles of the organization, which is usually
+called a constitution. When the constitution was completed,
+usually by a committee, all those about to become members
+of the society met and talked it over. Changes probably
+were made and the constitution finally adopted. Probably
+<pb n='024'/><anchor id='Pg024'/>
+some voted against it, but those who did vote against it recognized
+that they should be bound by the judgment and will
+of the majority.<note place='foot'>This description
+almost perfectly fits the making of the Mayflower
+Compact in the cabin of the ship Mayflower on November 11, 1620.
+Those Pilgrim Fathers drew up an agreement which was the first attempt
+at a written constitution in the New World. The Fundamental Orders
+of Connecticut, of 1638, are generally conceded to be the oldest real
+constitution in America.</note>
+</p>
+
+<p>
+Laws, or by-laws, as they are generally called, were then
+adopted to govern the conduct of the members in their relation
+to each other and to the society. These by-laws have
+been amended from time to time ever since, and perhaps at
+all times some of the members have believed that the by-laws
+should be different, but they have submitted to the will of
+the majority.
+</p>
+
+<p>
+So with the United States. There was a time less than one
+hundred and fifty years ago when there was no such thing
+on earth. A comparatively few men, representing the people
+of the former colonies, decided to form a Nation, and in the
+Constitutional Convention after months of discussion, the
+Constitution was adopted, and it was finally ratified by the
+people of the States. While many persons opposed some of
+the provisions of the Constitution, all submitted to the will
+of the majority.
+</p>
+
+<p>
+Thereafter, rules of conduct called laws&mdash;in your society
+by-laws&mdash;were adopted, and from time to time changed and
+extended as circumstances seemed to demand. We are going
+to talk about these laws in a few days.
+</p>
+
+<p>
+But <emph>there is the whole story</emph>. There is the simple beginning
+of this now great Nation, the most powerful on earth.
+</p>
+
+<p>
+So you see there is nothing mysterious about the origin of
+our Constitution. There is nothing mysterious about the
+origin or the organization of this government. The important
+thing to bear in mind is that it was formed by the people
+for themselves. Humanity, after thousands of years, had
+reached a point where they refused longer to be governed by
+a king or similar ruler.
+</p>
+
+<p>
+All this will become more clear to you as you understand
+something of the nature of liberty and of law.
+</p>
+
+<pb n='026'/><anchor id='Pg026'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. What is the government of the United States? Why isn't the
+capitol at Washington the government? Why is it impossible to
+point out the government of the United States upon the map?
+</p>
+
+<p>
+2. What is a servant? Describe a servant. Why does the judge say
+that the President of the United States is only a servant of the
+people?
+</p>
+
+<p>
+3. Was the Kaiser a servant of the German people? Why not?
+</p>
+
+<p>
+4. Where does the President get his power? Where do members of
+Congress get their power? Judges? The Sheriff? The Mayor?
+</p>
+
+<p>
+5. If we do not like what our servants do, how can we control them?
+</p>
+
+<p>
+6. What is government in a school? In a club? What would it be
+like if there were no government in either? Name five advantages
+of having a government.
+</p>
+
+<p>
+7. Suppose that you were like Robinson Crusoe, except that five of
+you were shipwrecked. Would you form a government? Why?
+</p>
+
+<p>
+8. If you were tie write a constitution, what would you include?
+</p>
+
+<p>
+9. Suppose that a man came into your yard and tried to steal your
+bicycle, what could you do to protect your rights?
+</p>
+
+<p>
+10. Do all people do what they think is right? How can you tell what
+is right and wrong?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What is the purpose of government?
+</p>
+
+<p>
+B. Why is it wrong for the great and powerful to govern the small
+and weak? Does might make right?
+</p>
+
+<p>
+C. Which would be the better government, one based upon might makes
+right, or one based upon right makes might? Why?
+</p>
+
+<p>
+D. How can right make might?
+</p>
+
+<p>
+E. In a free country can the government prescribe what occupations
+in life the people must follow? How are the higher and better
+occupations acquired in America?
+</p>
+
+<p>
+F. How did the American government come into being?
+</p>
+
+<p>
+G. How would you organise a literary society? List the steps in
+detail. Would you have a constitution? What should be included
+in any constitution?
+</p>
+
+<p>
+H. Discuss the effect of a sudden breakdown in government.
+</p>
+
+<p>
+I. What were the first steps in the actual organisation of the government
+of the United States?
+</p>
+
+<p>
+J. Write a paper on:
+</p>
+
+<quote rend='display'>
+<p>
+The Ways in Which the Postmaster, Superintendent of Schools,
+Sheriff, Coroner, or Judge Serves the People
+</p>
+
+<p>
+Why We Cannot Locate Our Government On the Map
+</p>
+
+<p>
+The Advantages of Having a Government
+</p>
+
+<p>
+What a Constitution Should Include
+</p>
+</quote>
+
+</div>
+
+<pb n='027'/><anchor id='Pg027'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>III. Liberty</head>
+<head type='sub'>Definition Of Liberty And The Historical Background
+Of The Struggle For It</head>
+
+<p>
+I hope that we now all understand that the purpose of government
+is to maintain the liberty of the people. I wish
+that every child would learn from the Declaration of Independence
+the following:
+</p>
+
+<p>
+<q><hi rend='italic'>We hold these truths to be self-evident, that all men are
+created equal, that they are endowed by their Creator with
+certain unalienable Rights, that among these are Life, Liberty
+and the pursuit of Happiness. That to secure these
+rights, Governments are instituted among Men, deriving their
+just powers from the consent of the governed.</hi></q><note place='foot'><p>When
+Jefferson wrote <q>all men are created equal</q>, he did not mean
+that all infant children have equal capacities for learning or accomplishment,
+but that all children ought to be given equal opportunities by the
+government of a republic. He meant that in a republic all children,
+whether rich or poor, whether of the aristocracy or of the common people,
+had great opportunities to be good and great men and women. He
+meant that a poor boy born in the Kentucky mountains and a rail splitter
+in the woods of Illinois had the opportunity to become President of the
+United States.
+</p>
+<p>
+<q>The Declaration of Independence was not a mere temporary expedient,
+but is an enunciation of fundamental truths intended for all time.</q>&mdash;William
+J. Bryan.
+</p>
+<p>
+<q>Fourscore and seven years ago our fathers brought forth upon this
+continent a new nation, <emph>conceived in liberty</emph>, and dedicated to the proposition
+that all men are created equal.</q>&mdash;Abraham Lincoln.
+</p>
+<p>
+<q>Where slavery is, there <emph>liberty</emph> cannot be and where <emph>liberty</emph> is, slavery
+cannot be.</q>&mdash;Abraham Lincoln.
+</p>
+<p>
+<q>Respect for its (the government's) authority, compliance with its
+laws, acquiesence in its measures, are duties enjoined by the fundamental
+maxims of true Liberty.</q>&mdash;George Washington.
+</p>
+<p>
+<q>Liberty&mdash;on its positive side, denotes the fulness of individual existence;
+on its negative side it denotes the necessary restraint on all,
+which is needed to promote the greatest possible amount of liberty for
+each.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol. I. p. 217.</p></note>
+</p>
+
+<p>
+This expresses the whole purpose of government&mdash;to secure
+the right to life, to liberty, and to happiness.
+</p>
+
+<p>
+I suppose every child here would like to be rich some day.
+A great many people feel that riches bring happiness. The
+experience of men, however, is that riches more often bring
+disappointments, burdens, and grief.
+</p>
+
+<p>
+<emph>What is the most valuable thing in the world?</emph> It is not
+money, lands, nor jewels. The most valuable thing in the
+world is human liberty. I do not believe that we, born here
+in America, realize the value of human liberty. It comes to
+us as a heritage. We accept it as we accept the sunlight, the
+springtime, the harvest. I am afraid that we seldom stop
+to recall the fact that the great blessing of human liberty,
+as we have it here in America, did not exist before our Nation
+was born. Always remember that there were thousands of
+years before our country came into being, when the people,
+men, women, and children living in many countries of the
+<pb n='028'/><anchor id='Pg028'/>
+world and under many forms of government dreamed,
+hoped, and prayed for freedom. But it never came to them.
+They lived, labored, and died under kings and emperors, or
+other rulers, never having any power, or at most very limited
+power, in making the laws under which they were compelled
+to live.<note place='foot'><q>Other nations have received their laws from conquerors; some
+are indebted for a constitution to the sufferings of their ancestors through
+revolving centuries. The people of this country, alone have formally
+and deliberately chosen a government for themselves, and with open and
+uninfluenced consent bound themselves into a social compact. Here no
+man proclaims his birth or wealth as a title to honorable distinction, or
+to sanctify ignorance and vice with the name of hereditary authority.</q>&mdash;John
+Adams.</note>
+</p>
+
+<p>
+To a considerable extent the history of the world is a sorrowful
+story of men who fought and died in struggles for
+liberty, the same liberty which we in this country enjoy. We
+must not forget that freedom in this Nation was obtained
+only through war, bloodshed, and sacrifice.
+</p>
+
+<p>
+Now what is this liberty for which men have fought and
+died? It is liberty of thought, liberty of speech, liberty of
+conscience, liberty of action, liberty, as the Supreme Court
+of the United States says, <q>of all the faculties</q>. Men wanted
+the right to form their own opinions and to express them in
+speech or in writing. They wished to worship God according
+to the dictates of their own consciences, and not as directed
+by the ruler of the government. They wanted to work in
+employments of their own choice, to have their own earnings
+for themselves and their families, instead of having it taken
+as tithes or taxes to buy purple robes for some monarch upon
+a throne. They wanted the right to own property, to own a
+home; and they hoped and prayed for the day when their
+children might have a chance to advance in life according
+to their merits. They hoped some day to have the door of
+opportunity open to the son of the poor man as well as the
+rich. They hoped to see class and privilege wiped away.<note place='foot'><q>Liberty means freedom in the enjoyment of all one's faculties
+in all lawful ways, the liberty to earn a livelihood by any lawful calling,
+the liberty to live and work where one wills.</q>&mdash;<hi rend='italic'>Allgeyer vs. Louisiana,
+165 U. S. 578.</hi></note>
+</p>
+
+<p>
+These were the things that men and women throughout
+the centuries struggled for, but which were never attained
+in the whole history of the world, by any race or by any
+nation, until America opened its doors to all the peoples
+of the earth, guaranteeing to them all the blessings which
+had been so long denied to the human race.
+</p>
+
+<pb n='029'/><anchor id='Pg029'/>
+
+<p>
+You will understand better the functions of government
+with relation to human liberty if you will realize that human
+liberty is a natural right. It comes from no man and no
+government. It is <q>God given</q>. Men are born free. The
+love of freedom is in every human heart. Again recall the
+words of the Declaration of Independence&mdash;<q>all men are
+created equal ... they are endowed by their Creator
+with certain unalienable Rights</q>, among which is liberty.
+</p>
+
+<p>
+America does not confer liberty upon the individual.
+America realizes that the individual possesses the right to
+liberty, and the whole structure of the American government
+is framed with the special purpose of protecting each individual
+in his natural liberty.<note place='foot'><p><q>Civil liberty is the liberty belonging to men in organized society.
+It is liberty defined, regulated and protected by positive law of the State
+or recognized as existing under customary law.</q>&mdash;<hi rend='italic'>Cyclopedia of American
+Government</hi>, Vol. II, p. 347.
+</p>
+<p>
+The American people are a peculiar people. They are peculiar in
+their origin, peculiar in their make-up, and due to their sufferings, their
+persecutions, and their enduring perseverance, they are still a peculiar
+people. From the first white man to steer his little wooden ship westward
+across the great Atlantic ocean to the latest arrival among the most
+recent immigrants, the people coming to America have been different
+from those people remaining in their European homes. The conditions
+surrounding the lives of those people in Europe who left their homes
+and first settled in America were not materially different from the conditions
+surrounding the lives of thousands of other people who were
+satisfied and content to remain on their European shores. Many men
+thought the earth was round long before Christopher Columbus sailed
+away from that little seaport town in Spain to test his own ideas of
+finding a shorter route to India. Many people believed in religious
+liberty long before the Pilgrims and Puritans landed on the bleak New
+England shores and suffered the hardships of first settlers in a new
+country in order to worship God as they pleased. Many people seriously
+and intelligently doubted the divine right of kings, and believed in the
+rights of the people to govern themselves long before the American
+colonists adopted the Declaration of Independence. But it was left for
+these people&mdash;these coming Americans&mdash;to demonstrate to all the world
+that America was to be peopled by men and women of different ideals,
+different hopes, and different ambitions from all the other nations of
+the world.</p></note>
+</p>
+
+<p>
+Now there is no danger to the liberty of any one except
+from two sources&mdash;the wrong of a fellowman, or the wrong
+of the government, which in this country is a mere organization
+of men and women and children. Here we see emphasized
+the necessity for law in order to protect the liberty of
+the individual. Government is organized to protect individuals
+in their liberties. This protection is furnished by laws
+enacted by the people to protect the weak against the strong,
+the good against the evil; and in this country the same law
+applies to every individual. There are no special laws for
+special classes; every one is equally interested in having these
+laws as just and fair as possible. Liberty under law is the
+privilege of doing everything one wishes to do, except in so
+far as his acts may interfere in some way with like privileges
+of those who are about him in society.
+</p>
+
+<p>
+Therefore always keep in mind that the great achievement
+of those who founded America was the establishment of a
+Nation where liberty would have a home. Of course liberty
+could not be fully established in this country until the Nation
+was fully established, until the Constitution was adopted,
+until laws were enacted; but from the adoption of the Constitution
+<pb n='030'/><anchor id='Pg030'/>
+to the present time the people have enacted laws
+from time to time, and still enact laws, the better to protect
+every man in his liberty and to enlarge his opportunities
+in life.
+</p>
+
+<p>
+Now in order to understand clearly how the liberties of the
+people are protected through our government, we must understand
+the nature and form of our government; and this
+subject we must take up at our next meeting.
+</p>
+
+<pb n='031'/><anchor id='Pg031'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. What is your idea of the right to <q>life</q>? Does it mean that no one
+shall ever be sentenced to death for murder?
+</p>
+
+<p>
+2. What is your idea of the right to <q>property</q>? Does this mean
+that everyone shall be wealthy? Does it mean that everyone shall
+own his own home?
+</p>
+
+<p>
+3. What is your idea of the right to <q>pursuit of happiness</q>? Does
+this mean that everyone can do as he pleases?
+</p>
+
+<p>
+4. Why does the judge say that liberty is the most valuable thing in
+the world? What would you trade for it?
+</p>
+
+<p>
+5. Note the dangers to liberty that the judge points out. What are
+they?
+</p>
+
+<p>
+6. Give an illustration of each of these dangers.
+</p>
+
+<p>
+7. How may we protect ourselves against these dangers?
+</p>
+
+<p>
+8. Where does this liberty that we enjoy come from? Who grants it?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. In what particular ways does the Constitution of the United States
+guarantee liberty?
+</p>
+
+<p>
+B. What forms of government existed before the United States? What
+liberties did the people of Russia, or France, or England enjoy in
+1600?
+</p>
+
+<p>
+C. Who really possesses the power of government in the United States?
+</p>
+
+<p>
+D. How is the liberty of the individual protected in the United States?
+</p>
+
+<p>
+E. In what ways were the people of Massachusetts in 1650 not as free
+as we are to-day?
+</p>
+
+<p>
+F. What does it mean when we say <q>all men are created equal</q>?
+</p>
+
+<p>
+G. Discuss the real meaning of the right to <q>Life, Liberty and the pursuit
+of Happiness</q>.
+</p>
+
+<pb n='032'/><anchor id='Pg032'/>
+
+<p>
+H. Write a paper on:
+</p>
+
+<quote rend='display'>
+<p>
+Ways in Which We Have an Equal Chance
+</p>
+
+<p>
+How We Can Make Chances Still More Equal
+</p>
+
+<p>
+<q>I hope to see the time when every American citizen will have an
+unfettered start and an equal chance in the race of life.</q>&mdash;Abraham Lincoln
+</p>
+
+<p>
+The Meaning of Liberty
+</p>
+
+<p>
+A Week in a Land Where There Is No Liberty
+</p>
+</quote>
+
+</div>
+
+<pb n='033'/><anchor id='Pg033'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>IV. America&mdash;A Democracy</head>
+<head type='sub'>The Spirit Of Democracy Developed Under The Constitution
+Of Our Country</head>
+
+<p>
+It is not sufficient that we shall know what government is
+and where it is. We must also understand its nature. It is
+the proud boast of America that it is a democracy, the first
+real democracy in the world. Now what is meant by a
+democracy? We hear much about democracy, and we hear
+much about republicanism, and many people when they
+hear or see these terms think that it has to do with the Democratic
+or Republican political party. We must not be confused.
+We must see and think clearly. Democracy and
+republicanism, as we use the terms in these talks, have no
+reference to any political party, but relate solely to the form
+of government under which we live.
+</p>
+
+<p>
+America is a democracy. It is also a republic, as we shall
+see in our next talk. It is very important that we shall understand
+why it is a democracy, and why it is also a republic,
+and the distinction between the two.
+</p>
+
+<p>
+It has been well said that republicanism in government
+<q>refers rather to the form of government</q>, and that democracy
+refers to the <q>spirit of government</q>. In government as
+with the people the spirit is the real, important thing. In a
+democracy the people govern. <q>A government of the people,
+by the people, and for the people</q>, as Lincoln expressed it,
+is a democracy. In a democracy no man is the master of
+another man without his consent. In a democracy there are
+no slaves. In a democracy each and all have equal rights.
+Every one in a democracy has an equal opportunity with
+every other person.<note place='foot'><p>A pure democracy would be that form of government in which all
+people of the age of twenty-one years could actually take part in making
+the laws and administering the government. A country would need be
+very small indeed, if <emph>all</emph> the people above twenty-one years of age could
+assemble in any one place and organize and conduct a meeting in which
+<emph>all</emph> could take part in law-making. No building would be large enough
+to accommodate all the people and even if all the people assembled out
+of doors, the number would be so large that those standing or sitting near
+the outer edge of the assembly would be so far from the speaker that they
+could not hear what he said when he spoke to them. A pure democracy
+is a physical impossibility. The nearest form of government to a pure
+democracy is a representative democracy, or one in which groups of
+people choose one or more persons to represent them. Then these representatives
+make laws and carry on the government in the name of all
+the people whom they represent. Therefore a democracy is that form of
+government in which all people have equal opportunities, and in which
+all may take part in the government through their chosen representatives.
+</p>
+<p>
+<q>No matter how widely democracy may be extended, if it is not accompanied
+by a certain equality of opportunity among the members of the
+political society, it is not democracy.</q>&mdash;<hi rend='italic'>Cyclopedia of American Government</hi>,
+Vol. I, p. 561.
+</p>
+<p>
+<q>Democracy is that form of government in which the people rule. The
+basis of democracy is equality, as that of the aristocracy is privilege.</q>&mdash;Bouvier's
+<hi rend='italic'>Law Dictionary</hi>, Vol. I, p. 540.
+</p>
+<p>
+<q>The beginnings of democracy were best observed in the townships of
+New England, where the Puritans from England settled and organized
+towns which were centers of democracy.</q>&mdash;Peter Roberts.
+</p>
+<p>
+In an absolute monarchy, the ruler is supreme; in a limited monarchy,
+the parliament or congress sets a limit to the powers of the ruler; in a
+democracy, the people rule.
+</p>
+<p>
+<q>It is almost impossible that all the people will exactly agree on any
+proposition, either political or social. Therefore the rule of government
+in a democracy is, that all the people shall accept and obey those laws
+and regulations that are pleasing to the majority.</q>
+</p>
+<p>
+<q>The basis of our political system is the right of the <emph>people</emph> to make
+or alter their constitution of government.</q>&mdash;George Washington.
+</p>
+<p>
+<q>No man is good enough to govern another man without that other
+man's consent.</q>&mdash;Abraham Lincoln.
+</p>
+<p>
+<q>This country, with all its institutions, belongs to the people who inhabit
+it.</q>&mdash;Abraham Lincoln.
+</p>
+<p>
+<q>I believe that the American people accept, as one just definition of
+democracy, Napoleon's phrase, 'Every career is open to talent'.</q>&mdash;Charles
+William Eliot.
+</p>
+<p>
+Lincoln defined a democracy as <q>A government of the people, by the
+people, and for the people</q>.</p></note>
+</p>
+
+<pb n='034'/><anchor id='Pg034'/>
+
+<p>
+You have already learned that in this country the people
+make the laws. In the making of laws the banker and the
+man who digs in the sewer have the same power. Each has
+one vote on election day, and no more. America has no
+rulers except the people. In a democracy the spirit of all
+should be one of toleration and kindness. All of us cannot
+have things just as we want them in this world. Men do not
+all agree, so we must let the majority of the people rule. But
+the majority should not have any feeling of superiority. The
+majority should be inspired by a sense of justice and charity
+toward their fellowmen. In fact a democracy is a brotherhood
+in which each person should think, not only of himself,
+but of his neighbor. In this democracy the more we think of
+the rights of our neighbor and the more we think of our duty
+toward our neighbor, the better will our government be.
+</p>
+
+<p>
+In a democracy we live in the belief that all men are
+created equal, that all through life they are equal in their
+rights, in their duties, and in their privileges. I do not mean
+of course that all men are equal in physical strength, because
+you who run and wrestle every day know that some are
+stronger than others. I do not mean that all are equal in
+the powers of the mind, because some of us here this morning,
+even some who study hard, know that other pupils get
+higher marks in every examination. Nor do I mean that
+all are equal in wealth, in health, or in comforts.
+</p>
+
+<p>
+What I mean is, that so far as life and liberty are concerned,
+in our rights under the law, in our protection under
+the law, we are all equal.
+</p>
+
+<p>
+In a democracy the people make the laws, and the people
+enforce the laws. As we shall hereafter see, every man who
+takes part in making a law, and every one who aids in enforcing
+the law is selected by the people. But the great thing
+about a democracy is the spirit of the people&mdash;the feeling
+of the people toward each other. Pride of wealth, position,
+<pb n='035'/><anchor id='Pg035'/>
+race, or creed has no place in a democracy. Every person
+should feel sympathy and charity for his neighbor, and for
+his neighbor's problems in life.
+</p>
+
+<p>
+We should all be willing to help those who may be less
+fortunate. We should all endeavor to make our neighbor's
+life as easy as possible.
+</p>
+
+<p>
+A democracy cannot be a government by groups: it must
+be a government by every one.
+</p>
+
+<p>
+Now I do not mean to say that we in this country all have
+the proper feeling toward our neighbor. We are not all
+good citizens of a democracy. Many people have pride,
+selfishness, and hate. Many people do not seem to care how
+the rest of the world lives. Such people are not worthy to
+have the privileges of living in a democracy. Many people
+are also ignorant in matters of government. They do not
+seem to care what kind of a government we have. In fact
+many people will not vote on election day. It is because of
+pride, selfishness, hate, ignorance, and indifference that I
+am here talking to you to-day. This is a wonderful government,
+but it can be made much better, with more freedom
+and more justice, if the people will only learn more about
+their power and their duty, especially if they will only cultivate
+the right spirit&mdash;the spirit of America, the spirit of
+justice, humility, kindness, and charity.
+</p>
+
+<p>
+<q>Love thy neighbor as thyself</q> is not only a Christian
+duty, but it is the foundation of social life in a democracy.
+You will find when you become acquainted with life that
+success in life does not depend upon money, clothes, nor social
+position, but that in this American democracy real merit
+wins. More and more are we learning every day that true
+happiness comes only from service, service to humanity,
+service to our country, and this spirit of service must be developed
+in childhood, and expand as we grow to manhood
+and womanhood.
+</p>
+
+<pb n='036'/><anchor id='Pg036'/>
+
+<p>
+That was a nice thing you did the other day, here in this
+school, when you put your pennies and your nickels together,
+bought a ton of coal, and sent it to the widowed mother of
+one of your schoolmates who had been sick for several weeks.
+He is just a poor Polish boy; but when in health he ran errands
+before and after school. This helped to support his
+mother and his little sister. I am sure that he thinks of you
+every day; and that he often thanks God that his father,
+who died last winter, had the courage to leave the old home
+in Poland and come to America where there is a chance for
+the poorest and the most obscure.
+</p>
+
+<p>
+I told you a while ago that this is the first real democracy
+in the world. So few people stop to think about this. The
+world is thousands of years old. Humanity in all these thousands
+of years has been made up of men, women, and children
+just like us. They hoped for, and dreamed of freedom,
+but until America became a Nation no government in the
+world had ever been a real government by the people. They
+had always been ruled by a king, a queen, an emperor, by
+some other ruler, by a small group of men who were rulers,
+or by a certain class. Your father may be a blacksmith, or
+a street sweeper, but on election day he can vote. Up to the
+organization of this government no such right existed anywhere
+in the world. In some countries, a few men who
+owned a certain amount of property could vote; but the wise
+men of the world sneered at the American plan to give every
+man the right to vote whether he owned a dollar's worth of
+property or not.
+</p>
+
+<p>
+Always remember this, too, that even when America became
+a Nation, the right of all the people to vote was not
+granted at once. Many of our States for many years required
+that a voter must have a certain amount of property. Finally
+this was all wiped away. America has been a growth,
+each generation doing a little more to expand the power of
+<pb n='037'/><anchor id='Pg037'/>
+the people, and this growth, this expansion must continue.
+We are still a young Nation and we all have much to do to
+aid in making this democracy a better place in which to live.
+</p>
+
+<p>
+When you hear of other democracies now existing in the
+world, remember that America has been their guide and
+inspiration. Men came from France to help fight our revolution,
+and carried back with them the spirit of America. In
+time democracy was established in France. So with all the
+countries in the world which to-day have a greater or less
+degree of democracy, to them all, America has been a beacon
+light, a source of courage and of inspiration. Did any of you
+ever see the great Statue of Liberty at the entrance to the
+New York harbor? If you did, you saw that grand figure
+looking out to the east over the great expanse of water, holding
+aloft the great torch which in the darkness of the night
+is aglow with light, the great flaming torch, which is emblematic
+of America enlightening the world.
+</p>
+
+<pb n='038'/><anchor id='Pg038'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Which was the first real democracy to be established in the world?
+</p>
+
+<p>
+2. What is a democracy? What is the difference between <q>democracy</q>
+and a <q>Democrat</q>?
+</p>
+
+<p>
+3. Who governs in a democracy?
+</p>
+
+<p>
+4. In a democracy, who makes the laws?
+</p>
+
+<p>
+5. How is power in government expressed in a democracy? In America,
+does one man have more power than another?
+</p>
+
+<p>
+6. How many times can a person vote on election day?
+</p>
+
+<p>
+7. Suppose Congress or the legislature in our State passes a law that
+we do not like. Do we have to obey it? What can we do about it?
+How can we secure a change in the law?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What does <q>government of the people, by the people, and for the
+people</q> mean?
+</p>
+
+<p>
+B. What is the proper spirit of people who live in a democracy?
+</p>
+
+<p>
+C. What is meant by <q>the majority of the people rule</q>?
+</p>
+
+<p>
+D. What would happen if the minority should rule? Lincoln said that
+this meant anarchy. Why?
+</p>
+
+<p>
+E. Does the minority have any rights? Should the majority pay any
+attention to them? Why or why not?
+</p>
+
+<p>
+F. Who enforces laws in a democracy?
+</p>
+
+<p>
+G. Why is it said that the best way to get rid of a bad law is rigidly
+to enforce it?
+</p>
+
+<p>
+H. What is the result of not casting your ballot on election day?
+</p>
+
+<p>
+I. It is a fact that from election to election there is an increasing percentage
+of the qualified voters who do not vote. What is the danger
+of this? What is it likely to lead to?
+</p>
+
+<p>
+J. Write a paper on:
+</p>
+
+<quote rend='display'>
+<p>
+The Meaning of Democracy
+</p>
+
+<p>
+The Danger of Not Voting
+</p>
+
+<p>
+Why It Is Right that Women Should Vote
+</p>
+
+<p>
+Why We Fought to Make the World Safe for Democracy
+</p>
+</quote>
+
+</div>
+
+<pb n='039'/><anchor id='Pg039'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>V. America&mdash;A Republic</head>
+<head type='sub'>A Representative Form Of Government Under The
+Constitution</head>
+
+<p>
+As I stated to you in our last discourse, America is a
+democracy, but it is also a republic. It is a democracy in its
+spirit and the power of its people, but in the mode of exercise
+of the power of the people it is a republic. We often hear
+America referred to as a <q>representative democracy</q>. If
+America were merely a democracy there would be no fixed
+method for expressing the wishes or the power of the people.
+In a pure democracy, people having full power would naturally
+assemble from time to time to decide by the vote of
+all those present what should be done for the public good.
+</p>
+
+<p>
+You will hear of the <q>town meeting</q> which even to-day in
+some parts of New England is held from time to time,
+where the people assemble, and by vote decide matters of public
+concern.
+</p>
+
+<p>
+But this is now a Nation of more than one hundred and
+five million people. We have forty-eight States, many of
+them very populous. When the Constitution was adopted,
+there were only about 3,900,000 people in all the States; but
+those who framed the Constitution looked into the future
+and could see something of the wonderful growth of the
+Nation which they were planning. Of course it is easy for
+anyone to see that in a large country like this, with a large
+population or a population as large as it was at the time when
+the Constitution was adopted, it would be impossible for all
+the people to assemble in a meeting to vote directly upon the
+passage of necessary laws, or to provide for taxation, or to
+conduct the general business of the State or the Nation. You
+<pb n='040'/><anchor id='Pg040'/>
+can see how absolutely impossible it would be in these days
+to have the people of the United States assemble at the National
+capital to vote on any law, or to make any appropriation,
+or to provide rules for exercise of governmental power.
+</p>
+
+<p>
+Therefore you can readily see that the founders of this
+country very wisely realized that the only government possible
+would be what is known as a representative government,
+a democracy where the people would have all the power, but
+a republic wherein the people would express that power, not
+directly, but through representatives or agents chosen by
+them.<note place='foot'><p><q>A Republic may be defined as a state in which the sovereign power
+rests in the people as a whole but is exercised by representatives chosen
+by a popular vote.</q>&mdash;<hi rend='italic'>Cyclopedia of American Government</hi>, Vol. III,
+p. 188.
+</p>
+<p>
+<q>A Republic, in the modern sense of the term, is a government which
+derives all its powers directly, or indirectly, from the great body of the
+people, i. e. the majority&mdash;and is administered by persons holding their
+offices for a limited period.</q>&mdash;<hi rend='italic'>Cyclopedia of American Government</hi>, Vol.
+III, p. 188.
+</p>
+<p>
+<q>Republican government is a government of the people; a government
+by representatives chosen by the people.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>.
+</p>
+<p>
+The Constitution of the United States in Art. IV, Sec. 4 guarantees
+to every State a republican form of government, but it does not define
+what is republican government. It is generally assumed that if for any
+reason the representative government of a State should be destroyed or
+temporarily set aside, it would be the duty of the Federal government,
+acting through the President as chief executive, to use whatever force
+was necessary (including the army and navy) to overcome such agency
+and to restore to the people of that State its former representative government.
+</p>
+<p>
+<q>It is left to Congress to decide what constitutes a republican form
+of government, and Congress also has the right to say which government
+in a state is the legal government. This necessarily follows because before
+Congress can decide whether the government is Republican it must
+decide which government is in force.</q>&mdash;<hi rend='italic'>Luther vs. Borden, 7 Howard 1.</hi>
+</p>
+<p>
+<q>It is Congress and not the President who decides what is Republican
+government in a state.</q>&mdash;<hi rend='italic'>Martin vs. Mott, 12 Wheaton 19.</hi></p></note>
+</p>
+
+<p>
+The government of the United States and that of each of
+the States is sub-divided into three parts: the executive, represented
+by the President or the Governor, the legislative,
+represented by Congress or the legislature, and the judicial,
+represented by the courts.
+</p>
+
+<p>
+Now the President and the members of Congress, including
+the Senate, and the judges of the courts are all merely
+representatives of the people chosen by the people to carry
+out the will of the people. The position and powers of all
+of these representatives of the people are fixed and defined by
+laws enacted by the people.
+</p>
+
+<p>
+As we shall hereafter find, the first law of the Nation, the
+foundation of all laws of the Nation, is the Constitution of
+the United States, which in the long ago was adopted by the
+people of thirteen small States.
+</p>
+
+<p>
+Our form of government therefore is representative. That
+is to say, the people choose their representatives to do the
+business of the country for the people. Laws are voted for
+directly by members of Congress and the Senate of the United
+States, or members of the legislatures of the States; but these
+members of Congress, Senators, and legislators are selected by
+the people, and in voting for laws they are expressing the
+will of the people who voted for them. They are elected for
+<pb n='041'/><anchor id='Pg041'/>
+a short term of years, so that in case any one of them should
+not, in his vote upon any law, carry out the wishes of the
+people who elected him, they may at the next election select
+someone else in his place who will better represent them.<note place='foot'><q>It may well be contended that a republican form of government
+necessarily involves the exercise of powers of government by representative
+officers and bodies, and the distribution of powers of government
+among distinct and independent departments.</q>&mdash;McClain's <hi rend='italic'>Constitutional
+Law</hi>, p. 10.</note>
+</p>
+
+<p>
+The important thing to bear in mind in relation to this
+government organization, with all the officers now necessary
+to do the business of the people of this great country, is that
+these officers&mdash;executive, legislative, and judicial&mdash;are not
+the government; the government rests with the people, and
+these officers are merely servants of the people, subject to the
+will of the people.
+</p>
+
+<p>
+It has been well said that government in a democracy is
+organized public opinion. Public officers, representatives of
+the people, have only the power which the people give to
+them. In many of the States of this country, in the enactment
+of laws, the people by law make provision by which the
+people themselves have the power to reject laws enacted by
+their representatives of which they do not approve. Under
+the <q>initiative</q> and <q>referendum</q> in some States, the people
+retain the power to direct their legislature to enact certain
+laws. Also laws made by the legislature may be voted upon
+by the people for final approval, if desired.<note place='foot'><p><emph>Initiative</emph> means the right of the people to initiate or commence
+the process of lawmaking. It is done by circulating a petition asking
+that a certain provision be enacted into law. If the petition receives the
+signatures of a certain percentage of qualified voters, the legislature is
+required to enact the provision into law, or submit it to the voters to
+determine whether it shall become law.
+</p>
+<p>
+<emph>Referendum</emph> means that the qualified voters through the process of balloting
+may determine whether a measure proposed either through the
+action of the legislature, or through the initiative, shall become law.
+</p>
+<p>
+<emph>Recall</emph> is the method by which the qualified voters may remove an
+undesirable officer from office before the expiration of his term. It is
+done through a petition requiring a certain percentage of signers from
+among the qualified voters. If the petition is sufficient an election is
+called at which time the officer may appear for continuation in office
+and others may appear as candidates for that office. The one receiving
+the largest vote is duly chosen.</p></note>
+</p>
+
+<p>
+The important thing first to be learned is that in this
+democracy the government is in form a republic, because
+the laws are enacted and enforced, not by the direct vote of
+the people, but by the representatives elected by the people.
+</p>
+
+<p>
+The power of the people always continues. A law may be
+passed by one legislature, or one session of Congress, and may
+be repealed the next. Any law upon the statute books may
+be changed from time to time, in response to the changing
+sentiment of the people.
+</p>
+
+<p>
+We are inclined to consider the term <q>representative government</q>
+as relating particularly to the enactment of laws,
+but this is a representative government not only in the making
+<pb n='042'/><anchor id='Pg042'/>
+of laws, but also in the enforcement of laws. I want you
+to realize early in life that every citizen has a responsibility
+for enforcing laws as well as for making laws, and that for
+any failure or omission in the making of laws, or in the enforcement
+of laws, the people must bear the responsibility.
+</p>
+
+<pb n='043'/><anchor id='Pg043'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. In what respect is America a republic?
+</p>
+
+<p>
+2. What is the difference between a republic and a Republican?
+</p>
+
+<p>
+3. What was the population of America when the Constitution was
+adopted?
+</p>
+
+<p>
+4. Why was it impossible to have all the people assemble to adopt laws?
+</p>
+
+<p>
+5. What is meant by a representative of the people?
+</p>
+
+<p>
+6. Suppose a representative does not represent the people as they wish.
+What can they do about it? Give illustrations.
+</p>
+
+<p>
+7. Into what parts is the government of the United States divided?
+</p>
+
+<p>
+8. How are the powers and duties of representatives of the people defined?
+Why does the judge say that the people really have the power
+and that this power continues?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What is the fundamental law of the United States? Why is it fundamental?
+</p>
+
+<p>
+B. How can we say that the people have power in lawmaking, when
+we know that the representatives make the laws?
+</p>
+
+<p>
+C. How can we influence the votes of our representatives?
+</p>
+
+<p>
+D. If you know that your representative is likely to vote against your
+own wishes, what can you do about it?
+</p>
+
+<p>
+E. How soon may a law be changed after it has been passed?
+</p>
+
+<p>
+F. What is meant by <q>initiative, referendum, and recall</q>? How have
+they worked out in practice?
+</p>
+
+<p>
+G. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+The Difference between a Democracy and a Republic
+</p>
+
+<p>
+How the Public Can Make Their Representatives Represent
+Them
+</p>
+
+<p>
+Why America Could Not Do Without Representatives
+</p>
+
+<p>
+The New England Town Meeting
+</p>
+</quote>
+
+</div>
+
+<pb n='044'/><anchor id='Pg044'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>VI. Law</head>
+<head type='sub'>Necessity For Rules Of Human Conduct For Guidance
+And Restraint</head>
+
+<p>
+This morning I wish to talk with you about one of the
+most important subjects in the world, the law; and strange to
+say, most people know very little about it.
+</p>
+
+<p>
+Indeed I find that the average person feels that he does
+not need any knowledge of the law, that the law is for lawyers,
+judges, and courts.
+</p>
+
+<p>
+Now the truth is, that there is scarcely any activity in
+life in which the law does not play an important part. This
+is true from childhood to old age, in every calling and every
+occupation in life.<note place='foot'>Children
+who attend the public school are subject to the law as
+well as are grown people who work in factories or on farms. The teacher
+must have rules and regulations governing the conduct of pupils in school.
+These are laws which the children must obey. If a pupil insists on disturbing
+other pupils or talking out loud&mdash;such may be a violation of the
+rules governing a good school and the pupil may be punished for such
+violation.</note> The law is not intended for any one
+class of people, but it applies to all classes of people, the rich
+and the poor, the wise and the ignorant. It also applies to
+all ages, to men, women, and children.
+</p>
+
+<p>
+<emph>What is the law</emph>, or what is a law?<note place='foot'><p>Law
+has been defined as: <q>The aggregate of those laws and
+principles of conduct which the governing power in a community recognizes
+as the rules and principles which it will enforce or sanction, and
+according to which it will regulate, limit, or protect the conduct of its
+members.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol. II, p. 144.
+</p>
+<p>
+<q>Law consists of the rules and methods by which society compels or
+restrains the actions of its members.</q>
+</p>
+<p>
+In the legal sense&mdash;A law is a rule which the courts will enforce. The
+courts will not enforce all rules, and therefore there are many rules
+which are not law in the legal sense.
+</p>
+<p>
+<q>Law <emph>might</emph> be defined as the aggregate of those rules and principles
+promulgated by legislative authority or established by local custom, and
+our laws are the resultant derived from a combination of the divine or
+moral laws, the laws of nature and human experience, as such resultant
+has been evolved by human intellect, influenced by the virtue of the ages.</q>&mdash;<hi rend='italic'>Words
+and Phrases</hi>, p. 33.
+</p>
+<p>
+<q>Law has her seat in the bosom of God; her voice in the harmony of
+the world.</q>&mdash;Hooker.
+</p>
+<p>
+<q>Laws are the very bulwark of liberty. They define every man's rights,
+and stand between and defend individual liberties of all.</q>&mdash;J. G. Holland.
+</p>
+<p>
+<q>Laws exist in vain for those who do not have the courage and the
+means to defend them.</q>&mdash;Thomas B. Macauley.
+</p>
+<p>
+<q>Laws, written, if not on stone tablets, yet on the azure of infinitude,
+in the inner heart of God's creation, certain as life, certain as death, are
+they, and thou shalt not disobey them.</q>&mdash;Thomas Carlyle.
+</p>
+<p>
+<q>A rule of civil conduct prescribed by the supreme power in a state.</q>&mdash;Bouvier's
+<hi rend='italic'>Law Dictionary</hi>.</p></note> There is nothing difficult
+about it. A law is merely a rule of human conduct, a
+rule of conduct for human beings which is enforced by the
+Nation, the State, or the city. There are other rules of
+human conduct enforced by the parents, teachers, or employers&mdash;those
+who have authority over others, those whose
+duty it is to direct the conduct of others.
+</p>
+
+<p>
+Every boy knows that in his home his parents have certain
+rules, not written or printed, but stated by his father or
+mother with relation to his conduct about the home, about his
+school, or about his play time or vacation, when he must go
+to bed, when he must arise, and with whom he may associate,
+that he must not go in swimming unless accompanied by his
+father, that he shall not go to the movies without the consent
+<pb n='045'/><anchor id='Pg045'/>
+of his mother, that he must attend Sunday school regularly,
+that he must not eat with his knife, that he must be courteous
+to all persons, especially the aged, that he must not play ball
+in the street, and a large number of other rules and directions,
+all intended for the good of the boy.
+</p>
+
+<p>
+Then in school you find certain rules of conduct made by
+the Board of Education or other officers, or adopted by the
+teacher.
+</p>
+
+<p>
+If a boy works in a store, he finds that his employer has
+certain rules: the time when the store shall be opened and
+closed; that the boy shall sweep the floor at certain hours;
+that he may go to lunch at a certain time; that he shall not
+permit other boys to pass behind the counters, etc. All of these
+are illustrations of rules of conduct for children, or those under
+the control, authority, or direction of some older person.
+</p>
+
+<p>
+But older persons, the parents, the school officers, the teachers,
+the storekeepers, and those of all other occupations are
+likewise subject to rules, are under control and direction of
+the Nation, the State, and the city, all having power to enforce
+rules of conduct, called laws, which apply to the old
+and the young. Without such rules, such laws, it would be
+impossible to maintain peace and order. Without such rules,
+called laws, it would be impossible to protect the weak against
+the strong and the wicked.
+</p>
+
+<p>
+This government being organized for the purpose of protecting
+the rights and liberties of the people, it is necessary
+that laws be enacted in order that our rights and liberties
+shall not be taken away from us by those who may be
+stronger or wiser than we are. Many laws prohibit wrongful
+acts and provide a punishment for those who commit such
+wrongful acts. Thus one who strikes you without justification,
+one who steals your bicycle, or any other property, one
+who breaks into your home, or into the store, a burglar, is
+punished. One who kills another human being, a murderer, is
+<pb n='046'/><anchor id='Pg046'/>
+punished. A person who willfully sets fire to a building, or is
+guilty of cruelty to animals, malicious mischief, or sells liquor
+is punished.<note place='foot'>Laws and
+rules are statements of what has been agreed upon as
+proper conduct among persons who associate together. A person living
+on a lonely island in the ocean with no other person near would not need
+law. But as soon as two persons share the island and its fruits and
+animals and plants, then certain rules need be set up for the protection
+of each against the other. Where people are most closely associated, we
+need the greatest number of rules or laws. People living in large cities
+must more often need law than do those living in rural districts.</note>
+So there are scores of different offenses forbidden
+by the law, and punishments fixed for those who will not obey.
+</p>
+
+<p>
+There are also laws requiring that one shall ride or drive
+on the right hand side of the street when passing another
+coming from the opposite direction.
+</p>
+
+<p>
+There is generally in every city a law which punishes a
+person who rides his bicycle upon the sidewalk. There are
+laws regulating the speed of automobiles, the lights and signals,
+and the turning at the corners of the street, so that
+other people either walking, or riding on bicycles, or in automobiles
+or other vehicles, may not receive injury.<note place='foot'>A person
+may drive an automobile at twenty miles per hour on a
+country road with perfect safety, but twenty miles per hour in a crowded
+city would be positively dangerous to people crossing the streets. Therefore
+the speed limit of five or perhaps ten miles per hour in cities.</note>
+</p>
+
+<p>
+You know in this country, where every person is equal before
+the law, no one person has any more right in the street
+than his neighbor has, and the conduct of each in the use of
+streets and sidewalks and other public places must be such
+that all may enjoy equal opportunities in the use thereof.<note place='foot'>People
+have as much right to walk on the sidewalks of the town
+or city as do other people to drive teams and wagons or automobiles on
+the streets. Each must obey the traffic laws. At crossings their rights
+of passage conflict, therefore each must be on the look-out when crossing
+the street. The law provides street crossings, therefore footmen must
+not <q>cut the crossings</q> but go the directed way.</note>
+</p>
+
+<p>
+Freedom, as already explained, does not mean a right to
+do everything we wish to do. Freedom is the right to do
+whatever we may wish to do, provided it does not interfere
+with the right of our neighbors to have the same privileges
+which we claim for ourselves.
+</p>
+
+<p>
+Therefore, it is absolutely necessary to have laws fixing
+the conduct of all persons; and it is necessary, in order to
+enforce these laws, to punish those who will not obey them.
+</p>
+
+<p>
+<emph>Who makes these laws?</emph> In America the laws are made
+by the people themselves; that is, they elect representatives
+to serve in Congress, in the legislatures of the States, and in
+the councils of the city, who make the laws for the people
+according to the wishes of the people. This you will understand
+more fully as you study this representative form of
+government we have in this country.
+</p>
+
+<p>
+The people have the right to change any law now in existence,
+<pb n='047'/><anchor id='Pg047'/>
+and may also make such new laws as they think will
+better protect the people in their rights.<note place='foot'>When election
+time comes each year, or every two years, those
+who are qualified to vote ought by all means give careful consideration
+to the candidates for office and to the issues that constitute the campaign.
+It requires good men to make good laws. Good men are only
+chosen to office when good people interest themselves in the candidates
+and attend the elections and cast intelligent votes. Good laws are properly
+enforced only when good men are chosen to office.</note>
+</p>
+
+<p>
+<emph>Who enforces these laws</emph>, these rules of conduct? The
+rules of the home are enforced by the parents. If you violate
+the rules of your parents, they impose a punishment upon
+you. This punishment may not be severe, in fact it should
+not be, unless your disobedience is continued and stubborn.
+</p>
+
+<p>
+If you violate the rules of school, the teacher or other
+school officers have the right to punish; and if you violate
+the rules of your employer, he has the right to admonish
+you, and of course if you do not obey, he will discharge you
+and you will lose your place.
+</p>
+
+<p>
+Now the rules of conduct, the laws of the Nation, the State,
+or the city are enforced in this country by the people, through
+their government, through the courts, presided over by judges
+whom the people themselves select for that purpose. Sometimes
+the punishment is severe, sometimes mild. It all depends upon
+the character of the person who disobeys the law, and whether
+the disobedience is stubborn or willful. Penalties are imposed,
+not only to punish the wrongdoer, but as a warning to others,
+that if they disobey the law, they too will be punished.
+</p>
+
+<p>
+In this country all laws imposing punishment for offenses
+are printed so that every one may know what the law is;
+but it is not necessary that one should study each separate
+law, because as a rule, your conscience will be your guide
+against wrong doing. There are not many acts punished by
+the State or Nation which are not morally wrong. The person
+whose heart is right knows good from evil; and the person
+who really tries to do right will seldom be guilty of violating
+any law.
+</p>
+
+<p>
+I do not expect you to learn all about the different laws.
+This is not necessary. But I do expect you to understand
+enough about the law to realize that we are all subject to
+authority; that laws are enacted by the authority of the
+<pb n='048'/><anchor id='Pg048'/>
+people; that laws are absolutely necessary, and that without
+laws we should have no liberty. Above all, I want you to
+learn that in this country the people make the laws, and I
+want you to feel absolute confidence in the power of the
+people to make and enforce laws.
+</p>
+
+<p>
+I hope that you will acquire a spirit of confidence and faith
+in the justice of the law, and learn that submission to the
+law is absolutely essential in a government of the people and
+by the people.<note place='foot'><p><q>A child, an
+apprentice, a pupil, a mariner, and a soldier owe
+respectively obedience to the lawful commands of the parent, the master,
+the teacher, the captain of the ship, and the military officer having command:
+and in case of disobedience submission may be enforced by correction.</q>&mdash;Bouvier's
+<hi rend='italic'>Law Dictionary</hi>, Vol. II, p. 531.
+</p>
+<p>
+<q>To obey is better than sacrifice.</q>
+</p>
+<p>
+<q>Children, obey your parents in all things; for this is well pleasing
+unto the Lord.</q>
+</p>
+<p>
+<q>Servants, obey in all things your masters according to the flesh; not
+with eye service, as men pleasers; but in singleness of heart, fearing God.</q>
+</p>
+<p>
+<q>Masters, give unto your servants that which is just and equal; knowing
+that ye also must be obedient.</q>&mdash;Quotations from <hi rend='italic'>The Bible</hi>.
+</p>
+<p>
+<q>The capacity of the people for self government, and their willingness,
+... to submit to all needful restraints, and exactions of municipal
+law, have been favorably exemplified in the history of the American
+States.</q>&mdash;Martin Van Buren.
+</p>
+<p>
+<q>Let us have faith that right makes might and in that faith let us
+to the end dare do our duty as we understand it.</q>&mdash;Abraham Lincoln.
+</p>
+<p>
+<q>Surely I do not misinterpret the spirit of the occasion when I assume
+that the whole body of the people convenant with me today to support
+and defend the Constitution and ... to yield a willing obedience to
+all the laws, and each to every other citizen his equal civil and political
+liberty.</q>&mdash;Benj. Harrison.
+</p>
+<p>
+<q>Patriotism calls for the faithful performance of all the duties of
+citizenship in small matters as well as great, at home as well as on tented
+fields.</q>&mdash;William J. Bryan.</p></note>
+</p>
+
+<p>
+But there are many laws, many rules of conduct, besides
+those defining crimes, offenses, and the punishment of
+wrongdoers.
+</p>
+
+<p>
+I want to talk to you briefly about some of the laws which
+affect our conduct in every day life, in matters not criminal.
+I want to impress upon you how far reaching the law is as
+affecting every human being in his daily conduct.<note place='foot'>We must
+see ourselves as we are, moving in our daily life, guarded
+and safeguarded in every act by law. Every act in life is lawful or unlawful;
+that is, we are protected by the law in our every act, or we are
+condemned or punished. Here are two children on their way to school,
+one walking upon the sidewalk, exercising a lawful right; one riding
+his bicycle upon the sidewalk, performing an unlawful act. The one is
+an example of a careful law-abiding citizen, the other an example of a
+law-violator.</note>
+</p>
+
+<p>
+Suppose one of the girls here goes to the store to buy a
+piece of cloth. How does she tell the merchant how much
+cloth she wants? She, without doubt, will say that she
+wants one yard, or two yards, or three yards, according to
+her needs. Now how much is a yard? Of course you all
+know that a yard is three feet. I suppose you all know
+that a yard is the same length in every city in the United
+States. We go into the store and ask for a yard of cloth in
+any city in the country, with absolute confidence that we
+will get for each yard, three feet in length. But how do we
+know we will get three feet in length for each yard? How
+do we know what we will get when we ask for a pound of
+coffee, or for a ton of coal, or for a quart of milk?
+</p>
+
+<p>
+These weights and measures are nearly all fixed by law.
+When you come to read the Constitution of the United States,
+you will find that there is conferred upon the United States
+government the power to <q><emph>fix the standard of Weights and
+Measures</emph></q>.<note place='foot'>Constitution
+of the United States, Art. I, Sec. 8, Cl. 5.</note>
+</p>
+
+<pb n='049'/><anchor id='Pg049'/>
+
+<p>
+The Constitution is the fundamental law of the land. This
+confers upon the United States government the right to fix all
+standards of measurements and all weights and measures of
+every kind. The United States government has this power. It
+is not required to exercise the power, but it has the power.
+</p>
+
+<p>
+The United States government has a National Bureau of
+Standards,<note place='foot'>Created by an Act of Congress of March 3rd, 1901. It is a
+bureau of the Department of Commerce, and is charged with comparing
+the standards used in scientific investigations, commerce, and educational
+institutions with standards adopted and recognized by the government.</note>
+which supervises weights and measurements,
+which coöperates with the States, and maintains uniformity,
+so that in every State, with reference to most things bought
+and sold, the law fixes definitely the quantity or dimensions.
+Without such laws you can see what a mass of confusion the
+people would be in at all times.
+</p>
+
+<p>
+Severe penalties are imposed by law upon those who give
+short measure, or short weight,<note place='foot'>The
+Thirty-fifth General Assembly of the State of Iowa provided
+for a State Inspector of Weights and Measures whose duty is to
+travel over the State and investigate conditions among those who buy
+and sell, and to make arrests and prosecute those found defrauding others
+by giving short weights or measures, or who sell or offer for sale spoiled
+foods, or keep their shops or stores in an unsanitary condition.</note>
+in order to protect buyers
+against those who might defraud them.
+</p>
+
+<p>
+So you see how necessary law is to the simple transactions
+of life, and how we are constantly relying upon the law in
+our daily transactions, to protect us against wrongdoers.
+</p>
+
+<p>
+Then again, how do you know how much the silver dollar
+which you are saving for Christmas is really worth? How
+do you know that one dollar is as valuable as another dollar?
+How do you know that the paper dollar which is in circulation
+is as valuable as the silver dollar? Well, here again
+when you read the Constitution of the United States, you will
+find that the people, when they adopted the Constitution,
+gave to the Congress of the United States the power:
+</p>
+
+<p>
+<q><emph>To coin Money, regulate the Value thereof, and of foreign
+Coin</emph></q>.<note place='foot'>Constitution of the United States, Art. I, Sec. 8, Cl. 5.</note>
+</p>
+
+<p>
+Congress, with this power, has enacted numerous laws
+with reference to the coinage of silver and gold money, the
+printing of paper money, and fixing the value of such money.
+How helpless the people would be without such laws.
+</p>
+
+<p>
+Then how do you know that the dollar you received in
+change at the grocery store is a real dollar? There are many
+<pb n='050'/><anchor id='Pg050'/>
+counterfeit dollars made by wrongdoers, by criminals who
+seek to profit by manufacturing money themselves, sometimes
+so much like the genuine, that it is almost impossible
+to detect the difference. There are counterfeit bills, and
+counterfeit coin, which I dare say could not be distinguished
+from the genuine by any person in this room. But there are
+laws enacted by Congress providing very severe punishment
+for any person who makes, passes, or attempts to pass, any
+counterfeit coin. For instance, if one shall make, or pass,
+or attempt to pass counterfeit gold or silver coin, he may be
+punished by five years imprisonment in the penitentiary.<note place='foot'><hi rend='italic'>Revised Statutes of the United States</hi>, Sec. 5413 and
+following.</note>
+Even for making, or passing, or attempting to pass a one cent,
+two cent, three cent, or five cent piece, a person may be imprisoned
+for five years. Any one who makes a die or mold designed
+for the coining, or making of counterfeit coins may be
+punished by imprisonment in the penitentiary for ten years.
+</p>
+
+<p>
+These are severe penalties. Liberty is dear, and yet you
+can see how absolutely necessary it is to have these severe
+penalties in order to protect you, your father and mother,
+and all other persons from being defrauded and wronged by
+the use of counterfeit money which is worthless, but which
+most people cannot distinguish from the genuine.
+</p>
+
+<p>
+I suppose you watched for the letter carrier this morning.
+Perhaps you were expecting a letter from a friend or relative.
+The letter carrier came to your door. You did not
+have to walk to the post office. Perhaps your friend lives
+one thousand miles away. How is it possible for you to
+receive a letter in perhaps a couple of days from that far
+distant point? Did you ever stop to think about it? Of
+course you say, <q>Well it came through the post office</q>. Yes,
+but the postoffice is only a part of the great postal system
+of this country, which carries your letters from one end of
+the land to another for the small amount of two cents; and
+we have wonderful confidence in this postal service. We
+<pb n='051'/><anchor id='Pg051'/>
+carelessly drop into the mail box most important letters, often
+most sacred, but we have no doubt that the letter will reach
+its destination safely.<note place='foot'>Very
+few letters are ever lost in the mails. The writer one time
+addressed a letter to a friend living in Sydney, Australia. It was mailed
+at Iowa City, Iowa, and was sent east. That letter went by way of
+New York, England, France, Italy, the Suez Canal, and the Indian
+Ocean to Sydney, Australia. The person to whom it was sent had, in the
+meantime, left Sydney and the letter failed of delivery. About three
+months after being first mailed it was returned to the writer whose return
+address was on the outside of the envelope. In being returned it came by
+way of the Pacific Ocean to San Francisco and across the United States
+from the west. The letter had encircled the globe and was returned
+safely to the original sender. Pretty good work for the International
+Mail System.</note>
+</p>
+
+<p>
+How is it all possible? Well, again, in reading the Constitution
+you will find that the people gave to Congress the
+power:
+</p>
+
+<p>
+<q><emph>To establish Post Offices and Post roads.</emph></q><note place='foot'>Constitution of the United States, Art. I, Sec. 8, Cl. 7.</note>
+</p>
+
+<p>
+This power has been exercised by the enactment of many
+laws by Congress providing for post offices, letter carriers,
+postal clerks, railway mail service, rural routes, and many
+laws severely punishing any one in the postal service who
+willfully fails to perform his duties.
+</p>
+
+<p>
+Persons engaged in the postal service may be sent to the
+penitentiary for stealing money from the mails, stealing a
+letter from the mails, for any act of dishonesty, or failure of
+prescribed duty. How could the great postal service of this
+country be maintained without such laws? How would the
+people have the blessing of a great service of this kind without
+the most carefully prepared laws made to protect the
+people?
+</p>
+
+<p>
+So I might go on giving numerous other illustrations of
+the laws enacted by the people through their representatives,
+for the benefit of the people themselves, for their comfort,
+their convenience, and their protection against wrongdoers,
+who might deprive them of their property, or of things still
+more sacred than property.
+</p>
+
+<p>
+I have only used these illustrations to impress upon you
+the great truth that there is hardly any relation in life in
+which the law does not have an important part. We should
+realize early in life that law is absolutely necessary to guide
+human conduct, to restrain wrongful conduct, to punish
+wrong doing, and thus to aid in protecting us in our right
+to life, liberty, and property.
+</p>
+
+<p>
+These laws are not the judges' laws, nor the lawyers' laws;
+<pb n='052'/><anchor id='Pg052'/>
+they are the laws of the people, made for their benefit, worthy
+of our most earnest support, calling upon us for loyal obedience,
+demanding our respect, and inspiring our confidence.
+</p>
+
+<pb n='054'/><anchor id='Pg054'/>
+
+<p>
+ELEMENTARY QUESTIONS.
+</p>
+
+<p>
+1. What is a law?
+</p>
+
+<p>
+2. By whom is a law enforced?
+</p>
+
+<p>
+3. Name an activity in life that the law has nothing to do with.
+</p>
+
+<p>
+4. Make a list of some of the laws that your father and mother make in
+your home.
+</p>
+
+<p>
+5. Make a list of some of the rules of conduct found in school.
+</p>
+
+<p>
+6. Go to a store in your town. Are there rules of conduct for the clerks?
+What are they?
+</p>
+
+<p>
+7. Who makes the rules in a home? In a school? In business institutions?
+</p>
+
+<p>
+8. Upon which side of the street must a person drive? Why?
+</p>
+
+<p>
+9. Who fixes the rules of measurement and weight?
+</p>
+
+<p>
+10. Suppose that you buy a ton of coal and find later on that you only
+received 1500 pounds. Could you do anything about it? Why should
+the coal dealer be punished?
+</p>
+
+<p>
+11. What would it be like if we had no laws at all?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. In imposing punishment upon a wrongdoer, what elements does the
+judge consider in fixing the amount of fine or the length of punishment?
+</p>
+
+<p>
+B. Why do we have our laws printed? What would be the dangers of
+having secret laws concerning the nature and existence of which the
+people could not obtain information?
+</p>
+
+<p>
+C. What is the distinction between a rule of conduct in the home and a
+law of the land?
+</p>
+
+<p>
+D. List a number of laws and penalties in addition to those cited by the
+judge.
+</p>
+
+<p>
+E. Why cannot one have liberty without law?
+</p>
+
+<p>
+F. Why are people punished when they break the law?
+</p>
+
+<p>
+G. Is it ever right to break the law?
+</p>
+
+<p>
+H. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+Why Breaking the Postal Laws Deserves Severe Punishment
+</p>
+
+<p>
+Liberty Under the Law
+</p>
+
+<p>
+The Danger of Counterfeit Money
+</p>
+
+<p>
+Laws that Should Be Passed
+</p>
+
+<p>
+How to Have a Law Passed
+</p>
+</quote>
+
+</div>
+
+<pb n='055'/><anchor id='Pg055'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>VII. The Constitution</head>
+<head type='sub'>Personal Guaranties Grouped Under The Title
+"The Short Constitution"</head>
+
+<p>
+We now take up the subject of the Constitution of the
+United States. It is important because it is the foundation of
+the rights and liberties of all Americans. It relates to the
+rights and liberties of everyone in this room. It is our great
+charter.
+</p>
+
+<p>
+Gladstone, the great English statesman, once said, <q>It is
+the greatest work ever struck off at any one time by the mind
+and purpose of man.</q><note place='foot'><p>There are
+four general theories as to the origin of the Constitution
+of the United States: (1) That it was an entirely new document. This
+theory was inspired by the statement of Gladstone. People who heard
+Mr. Gladstone or read of his comment on the Constitution misinterpreted
+his saying and came to believe he meant that that great Constitution was
+the work of the moment as conceived by the men in the convention at
+Philadelphia. No one knew better than Mr. Gladstone himself that such
+was not true. (2) That it was copied almost entirely after the English
+constitution of that time. This was the theory of Sir Henry Maine, and
+it was just as erroneous as was the common acceptance of Gladstone's
+statement. There are many things in the Constitution of the United
+States that were not in the English constitution of that time. (3) That
+it was based entirely upon the experience of the colonists themselves.
+This theory is also incorrect as the facts show that many fundamentals of
+the Constitution were copied directly from the governments of European
+countries. (4) That it was due to all the above influences taken together,
+but that they were worked out by the colonists and the Constitution
+makers in their many years of experience in making Constitutions
+for the States after their independence from England, and during
+the time of the Confederation.
+</p>
+<p>
+A careful study of the debates in the convention at Philadelphia will
+reveal the fact that the different governments, institutions, rulers, and
+statesmen of Europe were referred to in the making of the Constitution.
+</p>
+<p>
+During the discussions in the convention one hundred and thirty allusions
+were made to the government and institutions of England. The allusions
+made to France numbered nineteen. Those made to the German
+States were seventeen. Those made to Holland were nineteen. Greece
+was referred to thirteen times; Switzerland was alluded to five times;
+and Rome was alluded to sixteen times.
+</p>
+<p>
+The English government and institutions were held up as a model to
+be imitated fifty times; as an example to be avoided, twenty-four times.
+France was held up as a model three times, and as a warning five times.
+Rome was cited five times as a model and seven times as a warning.
+</p>
+<p>
+From the standpoint of training, experience, and general qualifications
+for constitution makers, the delegates who sat in the Federal convention
+at Philadelphia were the most remarkable group of statesmen the world
+has ever seen. Sixty-five delegates were chosen, of whom fifty-five attended
+the convention and of these thirty-nine signed the Constitution,
+three were present but refused to sign, and thirteen were absent on the
+last day. Of the fifty-five who sat in the convention, twenty-five were
+from northern States and thirty from southern States. Of the thirty-nine
+signers, nineteen were from the North and twenty from the South.
+</p>
+<p>
+Of the fifty-five men thirty were college men, twenty-six had degrees,
+forty-seven were afterwards prominent in public life; of the remaining
+eight, at least four died soon after the close of the convention. The
+most noted men were: Washington, Franklin, Hamilton, Madison, Wilson,
+Patterson, Gerry, Sherman, Pinckney, and Randolph. Six men
+who signed the Constitution had also signed the Declaration of Independence&mdash;Benjamin
+Franklin, James Wilson, Robert Morris, and George
+Clymer of Pennsylvania, Roger Sherman of Connecticut, and George
+Read of Delaware.&mdash;Meyerholz's <hi rend='italic'>The Federal
+Convention</hi>.</p></note> It is quite a long document. I want
+every one of us to read it carefully and study it thoroughly.
+</p>
+
+<p>
+The larger part of the Constitution consists of provisions
+telling of the qualifications and manner of election of the
+President, Senators, and congressmen, the powers and duties
+of the various parts of our government, procedure of government,
+and the relations of the Nation and the States.
+These are important.
+</p>
+
+<p>
+But more important still are the ways in which the Constitution
+guarantees the rights, liberties, and privileges of all
+men, women, and children who live under the American flag.
+These guaranties are numerous, but they are briefly stated.
+Any of us can understand them if we but read them carefully
+and catch their meaning. It ought not to be difficult
+to cause a person to study the things which relate to himself,
+to the most important things in his own life. Liberty we prize
+most dearly. Everyone of these guaranties in the Constitution
+is intended to guard and protect the freedom and liberty
+which you and I enjoy.<note place='foot'>Montesquieu,
+a famous French writer of the eighteenth century,
+tells us that political liberty consists in the security one feels in doing
+whatever the law permits. However we must remember that the laws
+themselves must likewise be sound.</note>
+</p>
+
+<p>
+To make our task more simple, I have selected from the
+<pb n='056'/><anchor id='Pg056'/>
+Constitution those sections which deal with our privileges as
+American citizens. You can see them in the copy of the
+Constitution which you have. (See page <ref target='Pg217'>217</ref>.) I have
+grouped these together and for convenience I shall call it
+<q>The Short Constitution</q>. As you can see, there is nothing
+in it that is not in the original Constitution. It is just as if
+I had taken a pair of shears, cut out these phrases from the
+Constitution, and pasted them together. It makes it more
+convenient for us.
+</p>
+
+<p>
+Take this <q>Short Constitution</q> home with you. Bring it
+with you when you come to school. Talk with your father
+and mother about it. It may be that sometime a knowledge
+of these rights that every American citizen now has may save
+to you your home, your freedom, or your life.
+</p>
+
+<p>
+Now I am going to read this:
+</p>
+
+<p>
+THE SHORT CONSTITUTION
+</p>
+
+<quote rend='display'>
+<p>
+Article I (<hi rend='italic'>Amendment I.</hi>)
+</p>
+
+<p>
+Congress shall make no law respecting an establishment
+of religion, or prohibiting the free exercise thereof;
+or abridging the freedom of speech, or of the press;
+or the right of the people peaceably to assemble, and to
+petition the Government for a redress of grievances.<note place='foot'>We
+must notice that Article I of <q>The Short Constitution</q> commences,
+<q><hi rend='italic'>Congress shall make no law</hi></q> etc., which means that these first
+eight amendments to the Constitution of the United States apply only
+to the Federal government, and are limitations on the powers of Congress
+rather than on the powers of the States. However most States have
+similar provisions in their Constitutions.</note>
+</p>
+
+<p>
+Article II (<hi rend='italic'>Amendment II.</hi>)
+</p>
+
+<p>
+A well regulated Militia, being necessary to the security
+of a free State, the right of the people to keep
+and bear Arms, shall not be infringed.
+</p>
+
+<p>
+Article III (<hi rend='italic'>Amendment III.</hi>)
+</p>
+
+<p>
+No Soldier shall, in time of peace, be quartered in any
+house, without the consent of the Owner, nor in time
+of war, but in a manner to be prescribed by law.
+</p>
+
+<pb n='057'/><anchor id='Pg057'/>
+
+<p>
+Article IV (<hi rend='italic'>Amendment IV.</hi>)
+</p>
+
+<p>
+The right of the people to be secure in their persons,
+houses, papers, and effects, against unreasonable
+searches and seizures, shall not be violated, and no
+Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing
+the place to be searched, and the persons or things
+to be seized.
+</p>
+
+<p>
+Article V (<hi rend='italic'>Amendment V.</hi>)
+</p>
+
+<p>
+No person shall be held to answer for a capital, or
+otherwise infamous crime, unless on a presentment or
+indictment of a Grand Jury, except in cases arising in
+the land or naval forces, or in the Militia, when in actual
+service in time of War or public danger; nor shall any
+person be subject for the same offence to be twice put
+in jeopardy of life or limb; nor shall be compelled in
+any criminal case to be a witness against himself, nor
+be deprived of life, liberty, or property, without due
+process of law; nor shall private property be taken for
+public use, without just compensation.
+</p>
+
+<p>
+Article VI (<hi rend='italic'>Amendment VI.</hi>)
+</p>
+
+<p>
+In all criminal prosecutions, the accused shall enjoy
+the right to a speedy and public trial, by an impartial
+jury of the State and district wherein the crime shall
+have been committed, which district shall have been
+previously ascertained by law, and to be informed of
+the nature and cause of the accusation; to be confronted
+with the witnesses against him; to have compulsory
+process for obtaining witnesses in his favor, and to
+have the Assistance of Counsel for his defence.
+</p>
+
+<p>
+Article VII (<hi rend='italic'>Amendment VII.</hi>)
+</p>
+
+<p>
+In suits at common law, where the value in controversy
+shall exceed twenty dollars, the right of trial by
+<pb n='058'/><anchor id='Pg058'/>
+jury shall be preserved, and no fact tried by a jury shall
+be otherwise re-examined in any Court of the United
+States, than according to the rules of the common law.
+</p>
+
+<p>
+Article VIII (<hi rend='italic'>Amendment VIII.</hi>)
+</p>
+
+<p>
+Excessive bail shall not be required, nor excessive
+fines imposed, nor cruel and unusual punishments inflicted.
+</p>
+
+<p>
+Article IX (<hi rend='italic'>Amendment IX.</hi>)
+</p>
+
+<p>
+The enumeration in the Constitution, of certain rights,
+shall not be construed to deny or disparage others retained
+by the people.
+</p>
+
+<p>
+Article X (<hi rend='italic'>Amendment X.</hi>)
+</p>
+
+<p>
+The powers not delegated to the United States by the
+Constitution, nor prohibited by it to the States, are reserved
+to the States respectively, or to the people.<note place='foot'>Article
+X is important because it tells in a few words the exact
+relation of the States to the Federal government.</note>
+</p>
+
+<p>
+Article XI (<hi rend='italic'>Amendment XIII, Sec. 1.</hi>)
+</p>
+
+<p>
+Neither slavery nor involuntary servitude, except as a
+punishment for crime whereof the party shall have been
+duly convicted, shall exist within the United States, or
+any place subject to their jurisdiction.
+</p>
+
+<p>
+Article XII (<hi rend='italic'>Amendment XIV, Sec. 1.</hi>)
+</p>
+
+<p>
+All persons born or naturalized in the United States,
+and subject to the jurisdiction thereof, are citizens of
+the United States and of the State wherein they reside.
+No State shall make or enforce any law which shall
+abridge the privileges or immunities of citizens of the
+United States; nor shall any State deprive any person
+of life, liberty, or property, without due process of law;
+nor deny to any person within its jurisdiction the equal
+protection of the laws.
+</p>
+
+<pb n='059'/><anchor id='Pg059'/>
+
+<p>
+Article XIII (<hi rend='italic'>Amendment XV, Sec. 1.</hi>)
+</p>
+
+<p>
+The right of citizens of the United States to vote shall
+not be denied or abridged by the United States, or by
+any State on account of race, color, or previous condition
+of servitude.
+</p>
+
+<p>
+Article XIV (<hi rend='italic'>Art. I, Sec. 9, Cl. 2.</hi>)
+</p>
+
+<p>
+The Privilege of the Writ of Habeas Corpus shall not
+be suspended, unless when in Cases of Rebellion or Invasion,
+the public Safety may require it.
+</p>
+
+<p>
+Article XV (<hi rend='italic'>Art. I, Sec. 9, Cl. 3.</hi>)
+</p>
+
+<p>
+No Bill of Attainder or ex post facto law shall be
+passed.
+</p>
+
+<p>
+Article XVI (<hi rend='italic'>Art. I, Sec. 9, Cl. 8.</hi>)
+</p>
+
+<p>
+No Title of Nobility shall be granted by the United
+States: And no Person holding any Office of Profit or
+Trust under them, shall, without the Consent of the Congress,
+accept of any present, Emolument, Office or Title
+of any kind whatever, from any King, Prince, or foreign
+State.
+</p>
+
+<p>
+Article XVII (<hi rend='italic'>Art. III, Sec. 2, Cl. 3.</hi>)
+</p>
+
+<p>
+The trial of all Crimes except in Cases of Impeachment,
+shall be by Jury, and such Trial shall be held in
+the State where the said Crimes shall have been committed;
+but when not committed within any State, the
+Trial shall be at such Place or Places as the Congress
+may by Law have directed.
+</p>
+
+<p>
+Article XVIII (<hi rend='italic'>Art. III, Sec. 3, Cl. 1.</hi>)
+</p>
+
+<p>
+Treason against the United States, shall consist only
+in levying War against them, or in adhering to their
+<pb n='060'/><anchor id='Pg060'/>
+Enemies, giving them Aid and Comfort. No person shall
+be convicted of Treason unless on the Testimony of two
+witnesses to the same overt Act or on Confession in
+open Court.
+</p>
+
+<p>
+The Congress shall have power to declare the Punishment
+of Treason, but no Attainder of Treason shall
+work Corruption of Blood, or Forfeiture except during
+the Life of the Person attainted.
+</p>
+
+<p>
+Article XIX (<hi rend='italic'>Art. IV, Sec. 2, Cl. 1.</hi>)
+</p>
+
+<p>
+The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.
+</p>
+
+<p>
+Article XX (<hi rend='italic'>Art. VI, Cl. 3.</hi>)
+</p>
+
+<p>
+No religious Test shall ever be required as a Qualification
+to any Office or public Trust under the United
+States.
+</p>
+</quote>
+
+<p>
+Now that is not long, is it? Yet in this brief part of
+the Constitution are contained provisions the most important
+for the common people ever written by the hand of man in
+all the history of the world. In some countries of the world
+people have some of the rights and privileges guaranteed
+by our Constitution, but in no other country in the world do
+the people have a written guaranty of all the rights, privileges,
+and liberties set forth in these short extracts from the
+Constitution of the United States.
+</p>
+
+<p>
+I want you all to get fixed in your minds the date of the
+adoption of the original Constitution by the convention&mdash;1787.<note place='foot'>Article V of the main body of the Constitution provides that when
+nine States should ratify the Constitution, it should be established as the
+frame of government. The first State to ratify was Delaware, December
+7, 1787; the ninth State was New Hampshire, June 21, 1788; and the
+last State was Rhode Island, May 29, 1790.</note>
+That was more than a century and a quarter ago.
+</p>
+
+<p>
+I want every child to understand just why the Constitution
+was made, how it was made, something of the men that
+made it, and how the people of the States approved of the
+Constitution before it became binding.
+</p>
+
+<p>
+I also want you to understand something of the
+<pb n='061'/><anchor id='Pg061'/>
+changes and additions made by the people since the Constitution
+was first adopted. I want you to understand that it is
+the Constitution of the people, the whole people, and I want
+you to know that the people can change the Constitution or
+make additions to it whenever they want to.<note place='foot'><p>George
+Washington expressed the vast importance of this thought
+when he said: <q><hi rend='italic'>The basis of our political system is the right of the
+people to make or alter their constitution of government.</hi></q>
+</p>
+<p>
+<q>The Constitution is itself in every rational sense and to every useful
+purpose a bill of rights.</q>&mdash;Alexander Hamilton.
+</p>
+<p>
+<q>Much of the strength and efficiency of any government in procuring
+and securing happiness to the people depends on opinion, on the general
+opinion of the goodness of the government, as well as of the wisdom and
+integrity of its governors. I hope, therefore, for our own sakes, as a
+part of the people and for the sake of our posterity, that we shall act
+heartily and unanimously in recommending this Constitution wherever
+our influence may extend, and turn our future thoughts and endeavors to
+the means of having it well administered.</q>&mdash;Benjamin Franklin.
+</p>
+<p>
+<q>In the fullness of time a Republic rose up in the wilderness of
+America. Thousands of years had passed away before this child of the
+ages could be born. From whatever there was of good in the systems of
+former centuries, she drew her nourishment; the wrecks of the past were
+her warnings. The wisdom which had passed from India through
+Greece, with what Greece had added of her own, the jurisprudence of
+Rome, the mediaeval municipalities, the Teutonic method of representation,
+the political experience of England, the benignant wisdom of the
+expositors of the law of nature and of nations in France and Holland,
+all shed on her their selectest influence. Out of all the discoveries of
+statesmen and sages, out of all the experience of past human life, she
+compiled a perennial political philosophy, the primordial principles of
+national ethics&mdash;she sought the vital elements of social forms and blended
+them harmoniously in the free commonwealth which comes nearest to
+the illustration of the natural equality of all men. She entrusted the
+guardianship of established rights to law; the movement of reform to
+the spirit of the people and drew her force from the happy reconciliation
+of both.</q>&mdash;George Bancroft.
+</p>
+<p>
+<q>In spite of its supposed precision, and its subjection to judicial construction,
+our constitution has always been indirectly made to serve
+the turn of that sort of legislation which its friends call progressive, and
+its enemies call revolutionary, quite as effectively as though Congress
+had the omnipotence of parliament. The theory of the latent powers to
+carry out those granted has been found elastic enough to satisfy almost
+any party demands in time of peace, to say nothing of its enormous extensions
+in time of war.</q>&mdash;<hi rend='italic'>The Nation</hi>, November 7, 1872, No. 384, p. 300.
+</p>
+<p>
+<q>Our fathers by an almost divine prescience, struck the golden mean.</q>&mdash;Pomeroy's
+<hi rend='italic'>An Introduction to the Constitutional History of the
+United States</hi>, p. 102.
+</p>
+<p>
+<q>It (the United States Constitution) ranks above every other written
+Constitution for the intrinsic excellence of its scheme, its adaptation to
+the circumstances of the people, the simplicity, brevity and precision of
+its language, its judicious mixture of definition in principle with elasticity
+in details. One is induced to ask, to what causes, over and above the
+capacity of its authors and the patient toil they bestowed upon it, these
+merits are due, or in other words, what were the materials at the command
+of the Philadelphia Convention for the achievement of so great
+an enterprise as the creation of a nation by means of an instrument of
+government. The American Constitution is no exception to the rule that
+everything which has power to win the obedience and respect of men
+must have its roots deep in the past, and that the more slowly every
+institution has grown, so much the more enduring it is likely to prove.
+There is little in this Constitution that is absolutely new. There is much
+that is as old as Magna Charta.</q>&mdash;James Bryce, author of <hi rend='italic'>The American
+Commonwealth</hi>.
+</p>
+<p>
+<q>Let reverence for the law be breathed by every mother to the lisping
+babe that prattles on her lap; let it be taught in schools, seminaries, and
+colleges; let it be written in primers, spelling books and almanacs; let
+it be preached from pulpits, and proclaimed in legislative halls, and enforced
+in courts of justice; let it become the political religion of the
+nation.</q>&mdash;Abraham Lincoln.
+</p>
+<p>
+<q>The Constitution, which may at first be confounded with the Federal
+Constitutions which have preceded it, rests in truth upon a wholly novel
+theory&mdash;a great discovery in modern political science. In all the Confederations
+which have preceded the American Constitution of 1787, the
+Allied States ... agreed to obey the injunctions of a federal government;
+but they reserved to themselves the right of ordaining and enforcing
+the laws of the Union....</q> (The American government, he
+explains, claims directly the allegiance of every citizen, and acts upon
+each directly through its own courts and officers.) <q>This difference has
+produced the most momentous consequences.</q>&mdash;Tocqueville's
+<hi rend='italic'>Democracy
+in America</hi>.
+</p>
+<p>
+<q>It will be the wonder and admiration of all future generations and
+the model of all future constitutions.</q>&mdash;William Pitt, after reading the
+Constitution of the United States.
+</p>
+<p>
+<q>The Constitution of the United States is by far the most important
+production of its kind in human history. It created, without historic
+precedent, a federal-national government It combined national strength
+with individual liberty in a degree so remarkable as to attract the world's
+admiration. Never before in the history of man had a government
+struck so fine a balance between liberty and union, between state rights
+national sovereignty. The world had labored for ages to solve this
+greatest of all governmental problems, but it had labored in vain. Greece
+in her mad clamor for liberty had forgotten the need of the strength
+that union brings, and she perished. Rome fostered union, nationality,
+for its strength, until it became a tyrant and strangled the child liberty.
+It was left for our own Revolutionary fathers to strike the balance between
+these opposing forces to join them in a perpetual wedlock in such
+a way as to secure the benefits of both. They selected the best things
+that had been tried and proved. Hence their great success, hence the
+fact that 132 years after its signing, this same Constitution is still the
+supreme law of the land and more deeply imbedded in the American heart
+than ever.</q>&mdash;Henry William Elson.
+</p>
+<p>
+<q>The Constitution is not an arbitrary, unchangeable document, but
+can be adapted to meet new conditions whenever the people decide. It
+should be upheld because under its wise provisions the United States
+has developed into a great nation of happy and prosperous people; because
+it contains sacred guarantees of protection for the individual; and
+because it affords freedom and opportunity for every citizen, whether
+native-born or naturalized. American citizenship securely rests upon its
+firm foundation.</q>&mdash;Henry Litchfield West.
+</p>
+<p>
+<q>The Federal Constitution, the whole of it, is nothing but a code of the
+people's liberties, political and civil. The Constitution is not a mass of
+rules, but the very substance of our freedom, not obsolete; but in every
+part alive; more needful now than ever, and as fitted to our needs.</q>&mdash;Stimson's
+<hi rend='italic'>The American Constitution</hi>.
+</p>
+<p>
+<q>No other country in the world possesses the guarantees of individual
+liberty and inherent rights that are accorded by the Constitution of the
+United States.</q>&mdash;David Jayne Hill's <hi rend='italic'>The People's Government</hi>.
+</p>
+<p>
+<q>We need not view with apprehension or even regret the gradual
+adaptation of the Constitution to the ever-changing needs from generation
+to generation of the most progressive nation in the world. The Constitution
+is not a static institution. It is neither, on the one hand, a sandy
+beach, which is quickly destroyed by the erosion of the waves, nor, on
+the other hand, is it a Gibralter rock which wholly resists the ceaseless
+washing of time and circumstances. Its strength lies in its adaptability
+to slow and progressive change. While the necessity of change may be
+recognised in the non-essentials, yet the Constitution was based upon
+certain fundamental principles which were not thus changeable. These
+times should not wither nor custom stale. While the great compact apparently
+dealt only with very concrete and practical details of government
+in the very simplest language, and carefully avoided anything that
+savored of visionary doctrinarism, yet, behind these simply but wonderfully
+phrased delegations of power, was a broad and accurate political
+philosophy, which constitutes the true doctrine of American Government.
+Its principles are of eternal verity. They are founded upon the inalienable
+rights of man. They are not the thing of the day or temporary
+circumstance. If they are destroyed, then the spirit of our government
+is gone, even if the form survive.</q>&mdash;James M. Beck.
+</p>
+<p>
+<q>The Constitution remains the surest and safest foundation for a free
+government that the wit of man has yet devised.</q>&mdash;Nicholas Murray
+Butler.
+</p>
+<p>
+<q>I believe there is no finer form of government than the one under
+which we live, and that I ought to be willing to live or die, as God decrees,
+that it may not perish from the earth through treachery within or
+through assault without.</q>&mdash;Thomas R. Marshall.
+</p>
+<p>
+<q>Although not a citizen of your great country, I am heart and soul
+with you and your associates in the glorious fight you are making for
+the preservation of your peerless Constitution, which has made your
+country what it is, and which is today the brightest hope of mankind.</q>&mdash;Baron
+Rosen, formerly Russian Ambassador to the United States of
+America.
+</p>
+<p>
+<q>Under the American Constitution was realized the sublime conception
+of a nation in which every citizen lives under two complete and well-rounded
+systems of laws,&mdash;the state law and the federal law&mdash;each with
+its legislature, its executive, and its judiciary moving one within the
+other, noiselessly, and without friction. It was one of the longest reaches
+of constructive statesmanship ever known in the world. There never
+was anything quite like it before, and in Europe it needs much explanation
+even for educated statesmen who have never seen its workings.
+Yet to America it has become so much a matter of course that they, too,
+sometimes need to be told how much it signifies. <emph>In 1787 it was the
+substitution of law for violence between states that were partly sovereign.
+In some future still grander convention we trust the same thing
+will be done between states that have been wholly sovereign, whereby
+peace may gain and violence be diminished over other lands than this
+which has set the example.</emph></q>&mdash;John Fiske, in 1888.
+</p></note>
+</p>
+
+<p>
+So at our next meeting I am going to tell you something
+of the making of the Constitution.
+</p>
+
+<pb n='065'/><anchor id='Pg065'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Compare <q>The Short Constitution</q> on pages 56-60 with the complete
+Constitution found at the back of the book.
+</p>
+
+<p>
+2. Why were these parts selected from the entire Constitution? Is
+there any similarity in the various parts selected?
+</p>
+
+<p>
+3. What are the most important provisions of the Constitution of the
+United States?
+</p>
+
+<p>
+4. Do the guaranties of the Constitution protect the rights of all people
+living in America, or do they apply only to a few favored classes?
+</p>
+
+<p>
+5. What was the date of the adoption of the original Constitution?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Why are we interested in our rights?
+</p>
+
+<p>
+B. What are the dangers of talking too much about our rights?
+</p>
+
+<p>
+C. Make a list of a duty to correspond with each right selected.
+</p>
+
+<p>
+D. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+The Officials Provided by the Constitution
+</p>
+
+<p>
+The American Bill of Rights
+</p>
+</quote>
+
+</div>
+
+<pb n='066'/><anchor id='Pg066'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>VIII. Making The Constitution</head>
+<head type='sub'>How The Convention Of 1787 Drafted The Constitution
+Of The United States</head>
+
+<p>
+You will remember from your study of American history
+that when the early colonists came to this country they settled
+along the Atlantic coast in many separate and distinct
+groups. Not all had come from the same country. Most of
+them were English, but there were also smaller settlements
+of Dutch, French, Germans, and Swedes. It was not many
+years until the English had taken control of all the land
+from Maine to Georgia, but even then not all the English
+were alike. There were Puritans and Cavaliers, Scotch and
+Irish, Scotch-Irish and Quakers. They differed in their
+ideas of government, religion, and education.
+</p>
+
+<p>
+These colonists had come for many purposes. Some had
+come to make their fortune. Others because of trouble at
+home. Most had come to be free, to worship God in the
+way they chose, to form their own government, to make their
+own laws, to govern themselves; and in the early days, they
+had met with success.
+</p>
+
+<p>
+But as time went on, as more people came, as ships were
+built, and trade and commerce increased, the government
+of England became more and more tyrannical. The English
+people may not have favored this, but they did not
+direct the acts of their king and his officers. Taxes were
+placed on the colonists without their consent. They were
+forced to accept laws not of their own choosing. The king
+refused them the right to select their own judges. They
+could not trade where they pleased. If you will read the
+<pb n='067'/><anchor id='Pg067'/>
+Declaration of Independence you will see how their liberties
+were restricted.<note place='foot'><p>The
+English government forced laws upon the colonies to restrict
+trade and manufactures, to place a standing army in America, and to raise
+taxes. The tax laws were denounced as illegal by the colonists, who
+argued that they were not represented in Parliament.
+</p>
+<p>
+Read the charges made against the king and the government of England
+in the Declaration of Independence.</p></note>
+</p>
+
+<p>
+All this time the various colonies were as separate as so
+many distinct countries. They did not know each other.
+There was little travel from one to another. They were
+quite different. But they were alike in the fact that each
+wanted liberty, and that each was subject to oppression
+from the English king.
+</p>
+
+<p>
+So from time to time we find them sending delegates to
+some common meeting place to discuss a plan of action. In
+1754 a group met at Albany to suggest a plan of union. In
+1765 England passed the Stamp Act which put a tax upon
+certain articles such as books, newspapers, and playing cards.
+A person could not sell one of these articles without pasting
+upon it one of these stamps, the money from which went to
+England as a tax. It was much like our war tax upon tooth
+paste, shaving soap, and playing cards. The difference was
+this. The colonists had never given the right to make this
+tax. It had been imposed upon them by England; and
+further, if a person were accused of selling a book or newspaper
+without this stamp, he could be severely punished.<note place='foot'>Read
+the famous speech made by James Otis against the Stamp
+Act in the Stamp Act Congress in New York, October, 1765. See
+<hi rend='italic'>American History Leaflets</hi>.</note>
+This enraged the colonists, and in New York in the following
+year, there met a group of delegates from nearly all the
+colonies to discuss ways and means of meeting this.
+</p>
+
+<p>
+Again in 1774, conditions having become worse, delegates
+from twelve colonies met at Philadelphia at the First
+Continental Congress to consider the grievances against Great
+Britain. The Second Continental Congress following it carried
+on the first years of the Revolutionary War. It drafted
+and adopted the Declaration of Independence. It raised and
+provided for the armies, and brought the States together.
+</p>
+
+<p>
+But it needed a kind of constitution. So in 1777 the
+Articles of Confederation were drawn up and adopted by
+Congress and by 1781 all the States had finally adopted
+<pb n='068'/><anchor id='Pg068'/>
+them. But they were inadequate. Each of the thirteen
+States wanted all the power in its own hands.<note place='foot'><p>The
+following were the fundamental defects of the Articles of
+Confederation.
+</p>
+<p>
+a. They did not provide for a central executive, and there was no
+supreme executive to enforce the laws.
+</p>
+<p>
+b. No provision was made for a central judiciary, and each State
+interpreted the Federal laws as it saw fit.
+</p>
+<p>
+c. They permitted concurrent legislation on vital subjects: i. e. each
+State could legislate as it pleased on such subjects as tariff,
+foreign treaties, currency, etc.
+</p>
+<p>
+d. They permitted each State to regulate its own coinage and there
+were at one time at least fourteen different kinds of coins in the
+thirteen States. This greatly interfered with trade.
+</p>
+<p>
+e. They gave Congress no power to enforce the observance of treaties.
+Congress could pass laws but could not enforce them.
+</p>
+<p>
+f. They gave Congress no power to coerce a State&mdash;it could only
+recommend to the States.
+</p>
+<p>
+g. They required a two-thirds vote on all questions in Congress,
+and votes were cast by States. Most bills may pass the present
+Congress by a majority vote.
+</p>
+<p>
+h. Congress could not reach the individual to punish him for crime
+committed against the Federal government, except through the
+State in which the crime was committed. Often the States refused
+to act.
+</p>
+<p>
+i. The Articles could not be amended without the consent of all
+of the States. Several times one State defeated the amendment
+of the Articles.
+</p></note>
+</p>
+
+<p>
+You cannot blame them. Picture to yourself these little
+settlements down on the Atlantic Coast. All together they
+did not have as many people as there are in the State of New
+Jersey to-day. They and their fathers had left their homes
+and traveled thousands of miles over stormy seas to find
+liberty. They themselves had fought a long war against
+England to make themselves free. They did not wish to
+give up these powers.<note place='foot'>The small
+States having only small areas and therefore less room
+for settlers, were afraid of any form of union government which gave
+the States proportional representation in Congress. These small States
+declared they would not ratify the Articles of Confederation until those
+States having large areas of western lands would agree to cede those
+lands to the Federal government. The seven States holding western
+lands agreed to cede their lands in January, 1781, and on March 1st,
+Maryland as the last State ratified the Articles of Confederation.</note>
+</p>
+
+<p>
+But the wiser people in the different States saw that to
+form a more perfect union it was necessary to grant the central
+government more powers, and to fix forever certain
+rights which every American citizen should enjoy throughout
+the years to come. So the people selected men as their
+representatives and authorized them to meet with the representatives
+from other States at Philadelphia in 1787 to draw
+up a plan of government which would be strong enough to
+hold the country together and govern it effectively.
+</p>
+
+<p>
+Now who were these men? They were men who were
+selected by their neighbors to represent them, just as men are
+elected to-day to represent us in the legislature of our State
+or in Congress. To be sure, in those days not all men were
+allowed the right to vote. In some States a man had to
+have a certain amount of money before he could vote. In
+others men of certain religious faiths were not allowed to vote.
+But the delegates to the Constitutional Convention were men
+who were fairly representative of all the people. When we
+consider the work that they did, that they wrote our Constitution,
+that they were able to do this at the time they did,
+we must feel that a wise Providence guided their selection
+and inspired them in their wonderful work.
+</p>
+
+<p>
+There in Independence Hall in Philadelphia were Benjamin
+Franklin and George Washington, James Madison and
+<pb n='069'/><anchor id='Pg069'/>
+Edmund Randolph, Alexander Hamilton and Gouverneur
+Morris. Almost all the prominent men of the time took part.<note place='foot'><p>The
+various States chose a total of sixty-five delegates to attend
+the Federal convention at Philadelphia. Of these, fifty-five actually sat
+in the convention. Of the entire number, forty-two were present on
+the last day and thirty-nine signed the Constitution.
+</p>
+<p>
+Of the fifty-five who sat in the convention, twenty-five were from
+north of the Mason and Dixon Line, or from the northern States, and
+thirty were from the southern States. Of the thirty-nine signers, nineteen
+were from the North and twenty from the South. The three who
+refused to sign were Elbridge Gerry of Massachusetts and Edmund Randolph
+and George Mason of Virginia. These three men thought the
+Constitution gave too much power to the central government and did not
+leave enough to the States.
+</p>
+<p>
+Eight of the men who signed the Constitution were of foreign birth.
+They were Alexander Hamilton, William Patterson, James Wilson,
+Robert Morris, James McHenry, Thomas Fitzsimons, William R. Davie,
+and Pierce Butler. You will notice that Hamilton, Wilson, Patterson,
+and Morris were among the most influential men in the convention.
+Many of America's greatest men have been of foreign birth.
+</p>
+<p>
+The oldest man in the convention was Benjamin Franklin who was
+eighty-one years of age. The youngest man was Jonathan Dayton of
+New Jersey who was only twenty-seven. Charles Pinckney was twenty-nine
+years old, and Alexander Hamilton was thirty. The average age
+of the entire membership in the convention was 43-2/5 years.
+</p>
+<p>
+The membership in the convention included a remarkable group of
+men&mdash;in fact the most remarkable group of statesmen that ever assembled
+for the making of a constitution. They had gained their experience
+in five different ways: colonial legislatures, State legislatures,
+State conventions, Continental Congresses, and in the Congress of the
+Confederation. Six of them had the honor of having signed the Declaration
+of Independence&mdash;Benjamin Franklin, James Wilson, Robert Morris,
+Roger Sherman, George Read, and George Clymer. Thirty delegates
+were college men and twenty-six had degrees.</p></note>
+</p>
+
+<p>
+They took the best that they knew of the experience of
+the human race in government, especially the experience of
+England and America, and from this they drew up the Constitution
+of the United States, the foundation of the government
+under which we live.<note place='foot'>A careful
+study of the debates in the Federal convention will
+reveal the following allusions to the government and institutions of other
+countries. A total of two hundred and twenty-three allusions were made
+to the governments of Europe, the most important of which were the
+following: one hundred and thirty allusions were made to England, of
+which fifty were commendatory, and twenty-four were warnings; nineteen
+allusions were made to France, of which five were commendatory
+and three were warnings; Germany, or rather the German States, had
+seventeen allusions; Holland had twenty allusions; Greece had twenty-five;
+Rome had twenty-six. The two hundred and twenty-three allusions
+were made in such way as to indicate that the delegates were widely
+read in both government and history.</note>
+</p>
+
+<p>
+When they had finished their work&mdash;that part of the Constitution
+which precedes the amendments&mdash;they submitted
+it to the States. They were very careful to see to it that the
+people themselves should approve of this. So instead of having
+the usual legislature of each State vote upon it, they provided
+that the people of each State should elect delegates for
+a special convention, the sole purpose of which was to decide
+whether or not they would like to live under a government
+like this.<note place='foot'><p>The
+Constitution in Article VII says, <q>The Ratification of the
+Conventions of nine States shall be sufficient for the Establishment of
+this Constitution between the States so ratifying the Same.</q>
+</p>
+<p>
+The first State to ratify was Delaware on December 7, 1787. New
+Hampshire, the ninth State, ratified on June 21, 1788, and Rhode Island,
+the last, on May 29, 1790.</p></note> These conventions, elected by the people
+for this special purpose, met and one after another, often
+after a bitter struggle, ratified the Constitution. The chief
+objection was that the rights of all Americans were not
+clearly stated.
+</p>
+
+<p>
+So at the first meeting of Congress, the first ten amendments&mdash;our
+American Bill of Rights&mdash;were adopted and
+in 1791 they were ratified by the States. Since then the
+Constitution has been rarely amended. In 1798 and in
+1804 the eleventh and twelfth amendments regarding the
+courts and the election of the President were adopted. After
+the Civil War three amendments were adopted regarding
+the problem of the negro citizen. Since then we have added
+changes regarding the income tax, the election of United
+States Senators, and prohibition. The last amendment,
+dealing with the extension of the vote to women, was ratified
+by Tennessee as the thirty-sixth State on August 18, 1920.
+</p>
+
+<p>
+To-day then, our government is founded upon the Constitution
+made shortly after the Revolutionary War. It represents
+<pb n='070'/><anchor id='Pg070'/>
+the aims and ambitions of the fathers of our country.
+They came to this land to be free. They suffered persecution.
+They threw off the yoke of the oppressor. They established
+a government of the people, by the people, for the
+people. The people selected the men who drew it up. They
+selected the men who amended it. Our task is to understand
+what it means, to obey it, and protect it.
+</p>
+
+<p>
+The lofty purpose of the fathers of the republic in establishing
+this, the first real government by the people, is expressed
+in these thrilling words:
+</p>
+
+<p>
+<q><hi rend='italic'>We the people of the United States, in Order to form a
+more perfect Union, establish Justice, insure domestic Tranquility,
+provide for the common defence, promote the general
+Welfare, and secure the Blessings of Liberty to ourselves
+and our Posterity, do ordain and establish this CONSTITUTION
+for the United States of America.</hi></q>
+</p>
+
+<pb n='072'/><anchor id='Pg072'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Why did the early settlers come to America?
+</p>
+
+<p>
+2. From what countries did they come? Which countries were most
+important?
+</p>
+
+<p>
+3. Why did they become dissatisfied with English rule here?
+</p>
+
+<p>
+4. Why did they wish to unite? Name some of the earlier attempts
+at union.
+</p>
+
+<p>
+5. When was the Stamp Act passed? What was it supposed to do?
+Why did the colonists object?
+</p>
+
+<p>
+6. Why were the Articles of Confederation not satisfactory?
+</p>
+
+<p>
+7. What was the meeting in Philadelphia in 1787? How were the
+representatives at this meeting chosen? How did they try to see
+that the representatives at this meeting actually represented the
+people?
+</p>
+
+<p>
+8. How was the Constitution ratified by the people? In what way
+did they try to make it the actual will of the people?
+</p>
+
+<p>
+9. When was our Bill of Rights passed?
+</p>
+
+<p>
+10. What amendments have been added to the Constitution since 1791?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. How did the makers of the Constitution guard against the abuses
+cited in the Declaration of Independence?
+</p>
+
+<p>
+B. How were the defects in the Articles of Confederation guarded
+against and remedied?
+</p>
+
+<p>
+C. What experience had the makers of the Constitution had which enabled
+them to prepare so successful a document?
+</p>
+
+<p>
+D. Would you say that Gladstone's statement, <q>It is the greatest
+work ever struck off at any one time by the mind and purpose of
+man</q> was literally true?
+</p>
+
+<p>
+E. How did the allusions to other countries made during the convention
+show the advantage of America's being a <q>melting pot</q>?
+</p>
+
+<p>
+F. What people were allowed to vote at the time of the adoption of the
+Constitution?
+</p>
+
+<p>
+G. What were the chief objections urged against ratification of the
+Constitution?
+</p>
+
+<p>
+H. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+Why the People Needed a Constitution
+</p>
+
+<p>
+The Main Points Included
+</p>
+
+<p>
+A Comparison of the Work Done Then and the Outline Made in
+Answers to Questions J Chapter Two
+</p>
+
+<p>
+George Washington
+</p>
+
+<p>
+Benjamin Franklin
+</p>
+
+<p>
+Alexander Hamilton
+</p>
+
+<p>
+James Madison
+</p>
+
+</quote>
+
+</div>
+
+<pb n='073'/><anchor id='Pg073'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>IX. Freedom</head>
+<head type='sub'>How Freedom Of Worship, Speech, The Press, And
+Assembly Are Guaranteed</head>
+
+<p>
+This morning we begin the consideration of what I believe
+to be the most important of all the subjects we have
+talked about. I think people are more interested in their
+privileges and rights than they are in their duties. In fact
+we hear a great deal and we read a great deal about <q>rights</q>,
+but we do not find very much said on the streets, in the
+homes, or in the newspapers about our <q>duties</q>.<note place='foot'>Every
+right begets a duty. The more rights our government gives
+us, the more duties are imposed upon each one of us. In an absolute
+monarchy the people have very few rights and they also have very few
+duties to perform. In democracies like the United States the people
+have a right to participate in government, they also have the duty of
+becoming intelligent and becoming acquainted with the various details of
+the administration of government. When people have a right to participate
+in government, they have the duty of attending every election and
+casting an intelligent ballot. Where people have a right to make law,
+they must accept the duty of helping enforce law. Where people have
+freedom of religious belief and worship, they must refrain from interfering
+in the belief of other people. Where they have freedom of speech
+and press, they must protect other people in that same right. Where
+people have the right of trial in a legally constituted court of law, they
+must refrain from mob rule or from lynch law. The greater the privileges
+given a people by law, the greater are their duties to see that law is
+always respected and carefully enforced.</note>
+</p>
+
+<p>
+Now we have considered in a very general way the nature
+of our government and something of our powers and duties
+under the Constitution. I know that you will be interested
+in considering our rights and privileges under the Constitution
+of the United States.
+</p>
+
+<p>
+Always keep in mind that each State has a Constitution,
+and that the Nation has a Constitution, that the Constitution
+of the United States covers the entire Nation, not only the
+original thirteen colonies, but the present forty-eight States,
+and that any States that may hereafter be brought in the
+Union will have as their fundamental law the Constitution
+adopted by the people in the long ago.<note place='foot'>The
+government of the United States is a dual government. There
+is a State government within each State, which is supreme over the
+affairs of that State alone. Then there is a Federal government which
+is supreme and sovereign throughout the entire United States in all
+those affairs which the Federal Constitution gives to the control of the
+Federal government. The <emph>police power</emph> of a State is commonly defined
+as the power of a State to control all of its domestic internal affairs.
+The Federal government is not permitted to interfere with the police
+powers of the States.</note>
+</p>
+
+<p>
+Also always keep in mind that the Nation has certain powers,
+and that the Constitution of the United States is supreme
+only as to the things over which the United States as
+a Nation has control.
+</p>
+
+<p>
+But it is important to bear in mind that the great principles
+of the Constitution of the United States have been carried
+into the Constitutions of the various States, and that
+the rights and privileges of the people under the Constitution
+<pb n='074'/><anchor id='Pg074'/>
+of the United States have also to a large extent been
+guaranteed by the Constitutions of the States.<note place='foot'><q>No
+state allows its government to dictate to any one what church
+he shall attend or compels him to contribute to the support of any
+church, the establishment of state churches being everywhere forbidden.
+No person is disqualified from holding office or exercising legal rights
+because of his religious views, although a very few states make belief
+in the Deity a requisite for holding certain state offices.</q>&mdash;Hart's <hi rend='italic'>Actual
+American Government</hi>, Sec. 13.</note>
+</p>
+
+<p>
+This morning we take up a constitutional guaranty which
+you perhaps have not thought much about, but which is one
+of the most important in the whole Constitution&mdash;<hi rend='italic'>Freedom
+of Worship</hi>. The Constitution provides:
+</p>
+
+<p>
+<hi rend='italic'><q>Congress shall make no law respecting an establishment
+of religion, or prohibiting the free exercise thereof.</q></hi><note place='foot'>Constitution of the United States, Amendment I.</note>
+</p>
+
+<p>
+As we look back through the history of the world we are
+startled to find that this was the first written guaranty that
+the people of any nation ever had permitting them to worship
+God according to the dictates of their own conscience.<note place='foot'>Church
+and state are wholly separated in the United States. When
+a man takes office, no one asks him to what church he belongs, or what
+his faith is. If a man wants to believe in the religions of India or
+China, no officer of the National government has a right to interfere
+with him, providing he does not violate a law of the land. Religious
+tolerance is a growth. The Puritans who founded New England, although
+they fled to America because of religious persecutions, did not
+practice religious tolerance in the New World.</note>
+</p>
+
+<p>
+Now some of you may not realize how important this is;
+but there is nothing so dear to the human heart as the right,
+the privilege, of belonging to that church and worshipping
+God in that manner which each individual may desire. We
+do not realize the value of such a privilege until some one,
+or some power, seeks to take it away from us. All through
+the world men and women and children have fought, and
+many of them have died, for this privilege. It was the custom
+of the nations of the world before our Constitution to
+have an established religion, a National religion, and in
+many of the countries it was the law that every one must belong
+to the state church, and must actually believe in the
+religion of the state. In fact, in many countries, refusal to
+believe in the religion of the state was punished by death&mdash;sometimes
+by burning to death, and I am sure you will be
+surprised to realize that while America was first settled by
+people who were seeking religious freedom, they were still
+so imbued with a feeling of the old days that persons must
+worship, not as their conscience might dictate, but as the
+state might dictate, that for many years in this country in
+certain of the colonies a state religion was recognized, and
+<pb n='075'/><anchor id='Pg075'/>
+obligation to conform to the established religion enforced by
+severe penalties.
+</p>
+
+<p>
+In the colony of Virginia the established or state church
+existed, and it was the law that any person who did not conform
+thereto should be punished by burning to death. This
+is startling, isn't it, to hear of such a brutal law upon American
+soil? Virginia afterwards became the pioneer in legislation
+establishing freedom of worship, but it took the most
+strenuous efforts of Thomas Jefferson through many years
+to finally wipe out these cruel laws and establish freedom of
+worship.<note place='foot'><q>The witchcraft
+craze at Salem, Massachusetts, in 1692, is commonly
+thought to have been the legitimate outgrowth of the gloomy religion
+of the Puritans. Nineteen persons were hanged or burned at the
+stake for having bewitched children. One was crushed to death under
+heavy weights because he would not confess that he was possessed of the
+devil. From the time of King John down to 1712, innocent lives
+were constantly sacrificed in England on this charge.</q>&mdash;Thwaites's <hi rend='italic'>The
+Colonies</hi>, p. 190.</note>
+</p>
+
+<p>
+The Virginia statute granting absolute freedom of worship
+was the first ever adopted in the history of the world by
+any state or nation, the first guaranty of the right. Freedom
+of worship had existed before this in Maryland under
+the generous rule of Lord Baltimore, but the first formal
+statute was adopted in Virginia.
+</p>
+
+<p>
+Now your teachers tell me that in this school the pupils
+belong to sixteen different churches. I suppose each one of
+you thinks that the church to which he belongs is better
+than any of the others. I hope you do. I hope that every
+child is sincere in his religious belief, whatever it may be.
+But how would you feel if some representative of the State
+should come here this morning, and announce that a law
+had been passed by which every pupil must belong to the
+Baptist, the Methodist, the Catholic, or the Jewish church?
+How would you feel if a law were to be read to you which provided
+that unless you changed your religious belief and adopted
+some other, you would be burned to death out here on the
+hillside? You can hardly believe that such a thing would
+be possible in any age of the world; and yet never forget
+that the foregoing provision which I have read from the
+Constitution of the United States was the first declaration of
+<pb n='076'/><anchor id='Pg076'/>
+the right of the people of a whole Nation to worship God
+according to their own will, their own conscience.
+</p>
+
+<p>
+The declaration of this great right by the Constitution of
+the United States has been in full force ever since the adoption
+of the Constitution, not only as a National law, but
+similar provisions have been made the policy, usually by the
+Constitution, of every State in the Union. What a glorious
+thing it is to live in a Nation and in an age where no man,
+no state, and no power can tell you what to believe, or how
+to express your belief, what church you shall attend, or in
+what manner you shall express your religious faith.
+</p>
+
+<p>
+Not only this, but this constitutional guaranty protects
+every one in his right to belong to no church if he so elects.
+The soul is free. No power can compel one to belong to any
+church, nor in any manner to hold or exercise religious faith,
+or religious duty or obligation. <emph>In other words, men are free</emph>,
+and this freedom, aside from any other guaranty of the Constitution,
+should make us all feel affection and veneration
+for this great charter of human liberty.
+</p>
+
+<p>
+But freedom of worship is only one of the many rights
+and privileges guaranteed to the people&mdash;to all the people.
+</p>
+
+<p>
+Another great natural right&mdash;God given right&mdash;is firmly
+and finally established:
+</p>
+
+<p>
+<q><hi rend='italic'>Congress shall make no law ... abridging the freedom
+of speech or of the press.</hi></q><note place='foot'>Constitution
+of the United States, Amendment I.</note>
+</p>
+
+<p>
+Here again remember, when you are thinking of what
+you owe to your country, that this declaration of the Constitution
+was the first in all the history of the world by which
+a Nation guaranteed to all the people the right freely to
+express their thoughts in words or in writing. This was the
+first time the chains were taken from the human intellect.
+No one will ever be able to number the men and women who,
+throughout the history of the world, were condemned to
+death, because they dared to express their sentiments. If
+<pb n='077'/><anchor id='Pg077'/>
+Patrick Henry had delivered his famous speech in which
+he said, <q>Give me liberty, or give me death</q>, in England
+rather than America, he would have been promptly punished.
+Hundreds of the colonists would have been hanged
+by the British government if they had expressed themselves
+in the mother country instead of in the new world. Kings
+to hold their power in the old world, to keep the people so
+terrorized that they would submit to their will, made the
+practice of hanging or beheading those who freely spoke their
+sentiments against the government.<note place='foot'>The
+first ten amendments to the Constitution of the United States
+are limitations on the powers of Congress, and these amendments do
+not is any way limit the powers of the several States. It is a fact, however,
+that practically all the States have incorporated these same amendments
+in their Constitutions thereby placing the same limitations upon
+their legislatures. A State may change its Constitution and thereby curtail
+freedom of speech and press as it may think necessary to protect its
+people, and some of the States have enacted laws forbidding anarchists
+to hold public meetings or to publish yellow journals in which they berate
+the government or instigate rebellion or sedition among the people. But
+the Federal government cannot pass any law abridging the freedom of
+speech or press except such as may be enacted under the war powers of
+the government when in actual war, such as was enacted in the Espionage
+Act of 1917.</note>
+</p>
+
+<p>
+Of course under the old laws those who expressed their
+religious convictions in opposition to the state church by
+speech or writing were usually promptly imprisoned, hanged,
+or burned.
+</p>
+
+<p>
+Now do not have any misunderstanding about this guaranty
+of freedom of speech and of the press. We often hear
+complaints of certain people about certain laws punishing
+those who abuse the privilege of free speech; but there is
+no law of State or Nation which prohibits the speaking or
+writing of anything in this country. Men may speak and
+write what they will; but there are some laws punishing
+those who abuse this great privilege to the injury of another
+person, or to the injury of the Nation. Of course no one
+would feel that it was right to allow another to write libelous
+articles about your neighbors. You would not feel that
+it would be right to permit some vile person to write false
+and vicious articles about your mother or your father; and
+yet any one may do so. They cannot be prohibited or enjoined
+from doing so, but they may be punished after doing so,
+after they have been tried in a court and found guilty of
+libel by a jury of their fellowmen.<note place='foot'><p>Libel
+is defined as any statement printed, or written, or any picture
+or caricature that causes another person to be brought into hatred,
+contempt, or ridicule or to be shunned by his associates. Slander is any
+oral statement that causes another person to be brought into hatred,
+contempt, or ridicule, or to be shunned by his associates. In order to
+constitute either slander or libel the statement or utterance must be
+communicated to a third party.
+</p>
+<p>
+<q>The right of citizens to petition the government to remove abuse was
+won in Europe only after many hard conflicts. It is not conceded in some
+European governments today, and men in those countries who lead in
+reforms and advocate democratic measures are often thrown into prison,
+banished, or exiled. This amendment to the Constitution was inserted to
+guard against the tyranny of officers, who might abuse the authority
+conferred upon them by the people.</q></p></note>
+</p>
+
+<p>
+So if one writes a threatening letter to your father, telling
+him that he will kidnap his child unless he pays ten thousand
+dollars by a certain time, such person is exercising his
+<pb n='078'/><anchor id='Pg078'/>
+constitutional right to freedom of expression, but no one
+would think that it was right to permit him thus to abuse
+his constitutional right without being punished for it; and
+consequently such person may be arrested and tried, and if
+found guilty, punished.
+</p>
+
+<p>
+So in these later days it has been found wise, not to prohibit
+persons from giving expression to their views about our
+government, but to punish those who show by their words
+or writing that they are rebels against our government, endeavoring
+by their words to cause a revolution, to incite people
+to use force, bombs, or the torch to destroy our government.
+</p>
+
+<p>
+No one can ever be punished for criticising our government,
+or any of the officers of our government, so long as
+he does not undertake to destroy our government, and I am
+sure that you would not think it right to permit any one
+to destroy the government controlled by ourselves which has
+brought to us so many blessings. Nearly every one agrees
+that if a person should use bombs or the torch in an effort
+to cause revolution and destroy our form of government, such
+a person should be punished; but there are a few who think
+that they should not be punished until they actually begin
+destruction. Of course we cannot agree with them. The
+man who goes out on the street corner and advocates the use
+of the bomb and the torch to destroy our government, who
+arouses passions willfully with the purpose of destroying the
+government, is doing just as much wrong as is done by the
+person who follows his advice and uses the bomb and the
+torch. In fact the man who advocates revolution and destruction,
+who preaches the use of the bomb and the
+torch, who plants the poison in the hearts of his fellowmen,
+and incites them to revolutionary action is more guilty of
+wrong than are those who, stirred by his appeals, carry out
+his wishes.
+</p>
+
+<pb n='079'/><anchor id='Pg079'/>
+
+<p>
+In punishing those who thus violate every principle of
+loyalty, patriotism, and right the constitutional provision is
+in no manner modified. The worst revolutionist has the freedom
+of speech and of the press guaranteed to him. The law
+which punishes him does so only because under the protection
+of the Constitution, he commits a crime against his country
+and against humanity.
+</p>
+
+<p>
+America has done more than any other nation in the
+world in the cause of educating the common people. It
+should exercise care that the people should be educated in the
+true spirit of America, that their minds should not be poisoned
+by the vicious teachings of those, not Americans at
+heart, who seek to poison souls and rob the people of their
+patriotism and of their loyalty.
+</p>
+
+<p>
+In the olden days so tyrannical was the king that in many
+instances when the people complained of their burdens and
+sought rights and privileges they were punished for daring
+to seek relief. The king would usually give them what he
+thought they ought to have and would not listen to complaints.
+One of the rights which the people always hoped for
+was the privilege of assembling, meeting together, talking
+over their troubles, drawing up a petition, signing, and presenting
+it, praying <q>a redress of grievance</q>. When the representatives
+of the people met in the Constitutional Convention
+in Philadelphia they had before their minds the things
+that the people had suffered under old forms of government
+and it was their earnest effort to provide constitutional guaranties
+which would prevent the abuses to which the people
+were compelled to submit in the old world. Therefore one
+of the provisions of the Constitution of the United States is
+the following:
+</p>
+
+<p>
+<q><hi rend='italic'>Congress shall make no law ... abridging ...
+the right of the people peaceably to assemble, and to petition
+the Government for a redress of grievances.</hi></q><note place='foot'><p>Constitution
+of the United States, 1st Amendment.
+</p>
+<p>
+<q>The right of assembly is coupled with the guaranty of the right to
+petition the government for a redress of grievances; but it is not to be
+understood as limited to that object. Without doubt assemblages for
+social, political or religious purposes are protected by such against
+legislative prohibition unless attended with circumstances rendering the
+exercise of the right inimical to public peace, security or welfare.</q>&mdash;Emlin
+McClain, quoted in the <hi rend='italic'>Cyclopedia of American Government</hi>, Vol.
+I, p. 85.
+</p>
+<p>
+<q>The right to assemble may be restricted so far as necessary to prevent
+its being exercised to promote unlawful purposes or in such manner
+as to result in public inconvenience.</q>&mdash;<hi rend='italic'>Cyclopedia of American Government</hi>,
+Vol. I, p. 85.
+</p>
+<p>
+<q>The provision to the amendment to the Federal Constitution is a
+limitation only on the powers of the Federal Government and does not
+apply to the several states. The states have largely copied the same
+provision into their constitutions.</q>
+</p>
+<p>
+<q>The right of petition is important as recognizing a lawful occasion
+for the assembly of the people and in connection with the guaranty of
+freedom of speech and the press. The subject matter of a petition
+cannot be made the basis for a prosecution for public or private libel if
+it is kept within the limits of the privilege accorded.</q>&mdash;<hi rend='italic'>Cyclopedia of
+American Government</hi>, Vol. II, p. 675.
+</p>
+<p>
+<q>Through the right of petition the people have a means of informing
+their lawmakers of their wishes and of guiding public opinion.</q>
+</p>
+<p>
+<q>The rules of the national House of Representatives provide that members
+having petitions to present may deliver them to the clerk and the
+petition, except such as, in the judgment of the speaker, are of an
+obscene or insulting character, shall be entered upon the journal.</q>&mdash;Emlin
+McClain, quoted in the <hi rend='italic'>Cyclopedia of American Government</hi>, Vol. II,
+p. 675.</p></note>
+</p>
+
+<pb n='080'/><anchor id='Pg080'/>
+
+<p>
+Under this constitutional guaranty the people have the
+right to assemble peaceably at any time or place, to talk over
+their troubles, and to draw up a petition to the government
+seeking relief from unjust burdens. Where they assemble
+peaceably there is no officer of the government and no court
+that can interfere with them; and when they petition the
+government they cannot be reprimanded or punished in any
+way. Of course under our representative government where
+the people themselves select those who make the laws, the
+necessity for assembling and drawing up petitions is not so
+great. Yet in Congress and in the legislatures of the various
+States nearly every day petitions come in from some body
+of people urging the adoption of a certain law or objecting to
+a certain proposed law. If you were in Congress or in the
+legislature you would probably see some member arise and
+say, <q>Mr. Speaker, I present the petition of the people of my
+district objecting to the passage of Bill No. 781, which I
+desire to have made part of the record</q>, and the Speaker,
+who is the presiding officer, would respond in substance, <q>the
+request of the gentleman will be granted and the petition
+will be made part of the record</q>.
+</p>
+
+<p>
+What I desire especially to impress upon you this morning
+is the value of this right and the failure of our people to
+take advantage of the privilege granted. This being a government
+by the people and the laws being made by their
+agents, these agents of the people, members of Congress and
+of the State legislatures, cannot carry out the will of the
+people unless they know what the people want. Ask your
+father when you go home whether or not he has ever written
+to the member of Congress from this district telling him
+about some law he would like to have passed or about some
+proposed law he would like to see defeated. The truth is that
+<pb n='081'/><anchor id='Pg081'/>
+there are large numbers of people in this city who do not
+even know the name of their congressman, or representative
+in the legislature of the State. They do not pay any attention
+to such things, yet when the legislature or Congress
+passes a law they are always ready to criticise and condemn,
+despite the fact that before it was passed they did not take
+interest enough to give an expression of their views to those
+who were trying to follow the wishes of the people. From
+time to time the people should assemble in every community
+to talk over government matters, their matters, the things
+that come most close to them in life. You will find men and
+women meeting every month in their lodges and clubs, discussing
+all sorts of things, music, art, and literature, but we
+find hardly any organized meetings for the discussion of the
+big things in life, our liberties, our rights, and our duties as
+citizens of this free republic. I hope to see the time when
+there will be community centers and regular assemblies, not
+for amusement but for serious discussion, serious thought,
+and earnest coöperation in the affairs of the city, State, and
+Nation. There is so much complaint in these days that it
+would be of great value at these assemblies to allow every
+person who has a grievance against the government or any
+branch of the government to present it for discussion. The
+rights and duties of each individual in government are of
+importance to every other person, and there should be frankness,
+honesty, and earnestness in every discussion of grievance
+and remedies, so that public sentiment may be developed.
+Government in a democracy is government by the
+sentiment of the people; and the sentiment of the people
+can only be created and manifested by talking over the
+things in which all people are interested&mdash;the problems of
+life, liberty, and happiness.
+</p>
+
+<pb n='084'/><anchor id='Pg084'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Which colonists came to America to avoid religious persecution?
+</p>
+
+<p>
+2. Why do people fight and die for their religious beliefs?
+</p>
+
+<p>
+3. In what ways were people persecuted for their religious beliefs?
+</p>
+
+<p>
+4. Where was the first statute granting absolute freedom of worship
+passed?
+</p>
+
+<p>
+5. Why is it a good thing to have freedom of speech?
+</p>
+
+<p>
+6. Name some famous Americans who have been outspoken in saying
+what they thought.
+</p>
+
+<p>
+7. Can you publish in the paper a statement that Mr. X is a burglar?
+If so, can you be punished if your statement is not true? If so,
+how can you have freedom of speech?
+</p>
+
+<p>
+8. Is the Constitution of the United States in force in all the States
+of the Union?
+</p>
+
+<p>
+9. Are there other constitutions which the people of different States
+must observe?
+</p>
+
+<p>
+10. Why did the people want the right to assemble?
+</p>
+
+<p>
+11. Do you know of any countries where they do not allow it?
+</p>
+
+<p>
+12. Do you know of anyone who ever sent a petition to a State legislature?
+To Congress? What was it like?
+</p>
+
+<p>
+13. How many assemblies of people and petitions help to make our representatives
+do what we want them to do?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Name the places in the world, where to-day there is religious persecution.
+</p>
+
+<p>
+B. Describe the conditions in Armenia.
+</p>
+
+<p>
+C. What are the real advantages of religions liberty?
+</p>
+
+<p>
+D. Just how would it affect a person if freedom of speech were not
+allowed?
+</p>
+
+<p>
+E. How may the right to freedom of speech be abused?
+</p>
+
+<p>
+F. During the recent war, men were punished for what they said under
+what is known as the Espionage Act. How can this be reconciled
+with freedom of speech?
+</p>
+
+<p>
+G. Discuss the method of organizing a community meeting.
+</p>
+
+<p>
+H. Discuss the method of preparing a petition.
+</p>
+
+<p>
+I. Suppose the opinion of the meeting should be divided, what should
+be the procedure?
+</p>
+
+<p>
+J. Plan a method to make the people talk more about government.
+</p>
+
+<p>
+K. What are the dangers of a lack of interest in the affairs of government?
+</p>
+
+<p>
+L. How will a congressman represent the wishes of the people if he
+receives no petitions?
+</p>
+
+<p>
+M. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+The Story of the Pilgrims
+</p>
+
+<p>
+Roger Williams and the Providence Colony
+</p>
+
+<p>
+Lord Baltimore
+</p>
+
+<p>
+Thomas Jefferson and Religious Liberty
+</p>
+
+<p>
+Censorship of the Press and Freedom of Speech
+</p>
+
+<p>
+What to do with an Anarchist Meeting
+</p>
+
+<p>
+Socialist Papers
+</p>
+
+<p>
+The Importance of the Right of Petition
+</p>
+
+<p>
+Keeping In Touch with our Representatives
+</p>
+
+<p>
+Some Petitions I have Seen
+</p>
+
+<p>
+Things for Which We Should Petition the Legislature
+</p>
+</quote>
+
+</div>
+
+<pb n='085'/><anchor id='Pg085'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>X. Military Provisions</head>
+<head type='sub'>Rights Of Citizens To Bear Arms&mdash;Restrictions On
+Quartering Soldiers In Homes</head>
+
+<p>
+Again we find the framers of the Constitution looking back
+into the past at abuses imposed upon the people by kingly
+power. They inserted in the Constitution the following provision:
+</p>
+
+<p>
+<q><hi rend='italic'>A well regulated Militia, being necessary to the security
+of a free State, the right of the people to keep and bear Arms,
+shall not be infringed.</hi></q><note place='foot'><p>Constitution
+of the United States, Amendment II.
+</p>
+<p>
+<q>This right to keep and bear arms, although stated in connection with
+the militia, is held broad enough to cover the keeping and carrying of
+such weapons as are suitable for self-defense, or defense of the home.
+But the keeping of unusual weapons, or the carrying of unusual weapons
+in an unusual manner, as by having them concealed on the person, may
+be prohibited.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol. I, p. 165.
+</p>
+<p>
+<q>This amendment, like the other eight amendments to the Federal
+Constitution, does not apply to the States, and a State may legislate as it
+pleases regarding the carrying and using of arms. Many states prevent
+the carrying of arms of any kind except with legal permission given
+through the proper officer for stated specific reasons.</q>
+</p>
+<p>
+<q>The amendment means no more than that this right shall not be infringed
+by Congress. Police protection of the people is left to the
+States.</q></p></note>
+</p>
+
+<p>
+They were making a government of free States. They did
+not wish to see the National government become the master
+of the States nor the master of the people. They believed
+that the government should be the servant and not the master.
+They wanted to have the power in the hands of the people
+of the States to protect their rights if they ever should
+be invaded by force; and therefore they furnished to the people
+of all the States the guaranty that the States should have
+the right to have militia, that is, soldiers organized to maintain
+order and to defend the State, if necessary, against abuse
+of power; and they guaranteed to the people the right to
+bear arms lawfully.
+</p>
+
+<p>
+If you read the history of the old world you will find many
+instances of soldiers entering the homes of the people to
+search for fire arms or other weapons, taking them away,
+possibly punishing those who had them. The people are
+guarded by our Constitution against any such conduct on the
+part of soldiers or representatives of the National government.
+Of course this right, like the right of free speech, may be
+abused and when abused punishment may be imposed. For
+<pb n='086'/><anchor id='Pg086'/>
+instance, it is dangerous to the good order of a community
+that persons should carry concealed weapons and therefore
+in every State there is some law concerning this. If a man
+should walk down the street here with a loaded revolver in
+his pocket he could be arrested and imprisoned, or fined, but
+in this State a man could walk down the street with a shot
+gun in his hands or any other weapon where it is exposed so
+people could see it. A law against carrying concealed weapons
+imposes no burden upon any law-abiding citizen. There
+are regulations, of course, permitting certain persons to carry
+weapons concealed, police officers, a sheriff, and other peace
+officers; and there is a law under which any person of good
+moral character may make application for authority to carry
+concealed weapons which will be granted under certain restrictions.
+Some States require a bond to be filed guaranteeing
+good conduct. Persons who have to carry large sums of
+money, express messengers upon the trains, post office employees
+who carry registered mail, and other persons may be
+granted the privilege of carrying concealed weapons. The
+laws regarding carrying concealed weapons differ from State
+to State, the punishment in some being a term in the penitentiary.
+</p>
+
+<p>
+But in all this we find only regulation and careful provision
+to help maintain order and peace; and with it all we find
+the absolute right given by the Constitution to the people
+to maintain their State militia and to keep and bear arms
+within reasonable regulations which may be provided by the
+different States.
+</p>
+
+<p>
+Then we find a strict guaranty of the Constitution against
+an abuse which was common in the old world. You know
+before America came into being the strength of a government
+was the power of a government. The people were
+ruled by force; they were kept in constant fear. When this
+Nation was organized it was the hope of the founders that
+<pb n='087'/><anchor id='Pg087'/>
+we could have laws so just that people would have love for
+their country and respect for its laws, so that we would not
+have to inspire fear in the hearts of the people in order to
+make them obey. Laws should be obeyed not because of fear,
+but because of respect, because of a sense of duty. Laws should
+be obeyed because we know that laws are necessary to protect
+our own liberties. We know that without law, liberty is
+impossible.
+</p>
+
+<p>
+So that when the Constitution was framed, reflecting upon
+the abuses of the old world, the makers of the Constitution
+inserted this guaranty:
+</p>
+
+<p>
+<q><hi rend='italic'>No Soldier shall, in time of peace, be quartered in any
+house, without the consent of the Owner, nor in time of war,
+but in a manner to be prescribed by law.</hi></q><note place='foot'>One
+of the grievances of the colonists stated in the Declaration
+of Independence was the quartering of large bodies of armed troops in
+the colonies, but the guaranty found in the Federal Constitution and in
+many State Constitutions is that soldiers shall not in times of peace be
+quartered upon private persons. This guaranty has respect to the recognition
+of the right of every man not to be unwarrantably disturbed or
+intruded upon in his home. <q>Every man's house is his castle.</q></note>
+</p>
+
+<p>
+In the olden days the military power was supreme. The
+soldier was part of the military power. The ordinary citizen
+was compelled to submit to many of the wishes of the soldiers
+in times of peace as well as in times of war. In reading the
+history of the world you will find that soldiers exercised the
+right to enter the homes of the people and demand food and
+shelter. Of course the people, being in fear of the military
+power, would not think of refusing anything demanded; but
+the people of America, under our Constitution, are supreme.
+The soldier is subject to the people, not the people subject to
+the soldier. While we must respect those who are the defenders
+of our country, we must also respect our own rights
+and privileges. And every soldier, general or private, must
+also respect our rights and privileges. No soldier can enter
+any home, no matter how humble, without the consent of
+the owner, except in times of war. Even in times of war he
+cannot enter except under circumstances and conditions prescribed
+by law. The law being made by the people, they will
+be protected against abuse. Of course in times of war every
+one should be glad to give freely of what he has for the soldiers
+<pb n='088'/><anchor id='Pg088'/>
+of his country, but in times of peace in this country the
+soldier, under our Constitution, understands that the home
+is sacred and that he has no right there unless the owner invites
+him to enter.
+</p>
+
+<p>
+I wonder if the people realize what these guaranties mean
+to them. I wonder if they understand how earnestly and
+how carefully those who framed the Constitution endeavored
+to protect the sacred rights of every man, woman, and child
+in this country.
+</p>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Why did the Germans refuse to allow the Belgians to keep and
+bear arms?
+</p>
+
+<p>
+2. Why is this right important to us?
+</p>
+
+<p>
+3. Ask some soldier who fought in France to tell you about how soldiers
+quartered in the village. Would you like to see this in
+America? Why not?
+</p>
+
+<p>
+4. What rights has a soldier in time of peace to demand admittance
+to a house, or to demand food?
+</p>
+
+<p>
+5. In time of war under what conditions may a soldier be quartered
+in any house?
+</p>
+
+<p>
+6. Where is the whole power of government in America? Where is
+it in a kingdom or monarchy?
+</p>
+
+<p>
+7. Do you know the name of your congressman?
+</p>
+
+<p>
+8. When should a person be allowed to carry weapons?
+</p>
+
+<pb n='089'/><anchor id='Pg089'/>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What is the importance of the right of keeping and bearing arms?
+</p>
+
+<p>
+B. What is the status of the National Guard in your locality? What
+are its duties? What is its purpose?
+</p>
+
+<p>
+C. What is the fundamental objection to the quartering of soldiers on
+a population in time of peace?
+</p>
+
+<p>
+D. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+The Right to Bear Arms
+</p>
+
+<p>
+The Evils of Quartering of Soldiers
+</p>
+
+<p>
+The Purpose of the National Guard
+</p>
+
+<p>
+How the Soldiers Were Quartered in France
+</p>
+</quote>
+
+</div>
+
+<pb n='090'/><anchor id='Pg090'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XI. Search Warrant And Indictment</head>
+<head type='sub'>The Home Protected Against Unlawful Search And
+Seizure&mdash;Grand Jury Indictment Required</head>
+
+<p>
+Following the provision that we last discussed that no soldier
+shall in time of peace be quartered in any house without
+the consent of the owner, nor in time of war except in a
+manner prescribed by law, we find the Constitution making
+a most positive provision guarding the sacredness of the
+home, the sacredness of the person, and the things belonging
+to each person. In the olden days the people had to submit
+to the most brutal conduct. A man might think some one
+had stolen his ring or his watch. Suspecting a neighbor, and
+being the stronger, or assembling his friends, or some officers,
+he might enter the neighbor's home, search all through the
+house among papers, in the desks, and in every trunk and
+other place where personal belongings were kept, might
+search the person himself, his pockets, and clothing.
+</p>
+
+<p>
+Of course you can easily understand that the people
+who were thus abused would resent such actions. In England
+the people in early days had protested and had secured
+some guaranties from the king against these outrages, but
+the first absolute written guaranty of the full rights of the
+people was when the following provision was inserted in our
+Constitution:
+</p>
+
+<p>
+<q><hi rend='italic'>The right of the people to be secure in their persons,
+houses, papers, and effects, against unreasonable searches and
+seizures, shall not be violated, and no Warrants shall issue,
+but upon probable cause, supported by Oath or affirmation,
+and particularly describing the place to be searched, and the
+persons or things to be seized.</hi></q><note place='foot'><p>Constitution
+of the United States, Amendment IV.
+</p>
+<p>
+<q>One of the most serious grievances of the colonists was, the assertion
+and exercise of a prerogative of the crown to issue warrants for searching
+private premises in order to obtain evidence of political offenses. This
+had been the subject of controversy in England and was made the basis
+of a protest in Massachusetts by James Otis against the Writs of Assistance
+which were in effect, general warrants.</q>&mdash;<hi rend='italic'>Cyclopedia of American
+Government</hi>, Vol. III, p. 654.
+</p>
+<p>
+<q>The privilege contended for was that the privacy of the dwelling
+house should not be invaded by public officers without the consent of
+the owner save for the purpose of making an arrest, and then only by
+an officer of the law&mdash;who carried a warrant giving him such authority.</q>&mdash;Emlin
+McClain, quoted in the <hi rend='italic'>Cyclopedia of American Government</hi>,
+Vol. III, p. 654.
+</p>
+<p>
+The protection afforded by the constitutional provision is against attempts
+made under the disguise of public process to pry into private
+affairs on mere suspicion that a crime has been committed or contemplated.
+</p>
+<p>
+The principle of this guaranty is being violated if the postal authorities
+open sealed letters in the mail to discover whether improper use of the
+mail is being made. It is also violated by compelling the production of
+private papers of the defendant in a criminal prosecution.
+</p>
+<p>
+A warrant is not always necessary to arrest an individual. For example,
+a police officer does not need a warrant in order to arrest a person
+who is violating a law in his presence, or a person whom he has good
+reason to think has committed a felony.&mdash;<hi rend='italic'>Cyclopedia of American Government</hi>,
+Vol. III, p. 655.</p></note>
+</p>
+
+<pb n='091'/><anchor id='Pg091'/>
+
+<p>
+Of course it is apparent that so long as we have crimes
+committed the wrongdoer must be punished. Wrongdoers
+naturally try to conceal the evidence of their crimes: the
+murderer seeks to hide the revolver, the thief seeks to hide
+the money, the bonds, or the jewels. So it is necessary, in
+order to find criminals and to recover valuable things they
+may have taken, to have the privilege of searching persons
+or houses. But the thing which the Constitution guarantees
+is that no such search shall be made except upon warrants
+issued by some court, which are commands to a peace officer
+to seize a certain person (arrest him) or to search a certain
+house or other place for things which might aid in administering
+justice. No warrants shall be issued by any court
+until some one has appeared and filed a solemn statement
+under oath showing some reasonable grounds for believing
+that the search or seizure will disclose evidence of the
+offense. The place must be described. The things or the
+persons to be seized must be described. A warrant issued by
+any court, no matter how high, without such a sworn statement
+being presented, is void and in violation of the rights
+of every person under the Constitution. The courts are often
+called upon to enforce this right of the people. The home,
+especially under our Constitution, is recognized as sacred.
+<q>Every man's house is his castle</q> and wherever, without the
+proper warrant, search or seizure is made, the court will
+promptly punish the wrongdoer and if something has been
+seized or taken possession of wrongfully the court will order
+it returned. Even though valuable as evidence of guilt, the
+court will not permit it to be used, if it has been seized in
+violation of the guaranty of the Constitution.
+</p>
+
+<p>
+No matter how humble the home, whether it be owned or
+rented, whether it have one room or a dozen, it stands exactly
+the same under this constitutional provision, and is guarded
+against <q>unreasonable searches and seizures</q>. No matter
+<pb n='092'/><anchor id='Pg092'/>
+how poor the owner, he can stand at his door and defy all
+the officers of State or government, yes, and all the soldiers
+of the republic, defy them to enter until the provisions of the
+Constitution of the United States shall have been complied
+with.
+</p>
+
+<p>
+Now, we come to guaranties of the right of the people to
+protection against any trial, except the same be conducted
+in accordance with the guaranties of the Constitution. These
+guaranties are for all persons, young or old, rich or poor. You
+know sometimes the innocent are charged with grave crimes.
+A crime is committed in the darkness of the night. The
+criminal has fled. The first duty of the officers of the government&mdash;the
+servants of the people&mdash;is to find the criminal so
+that he may be punished for his wrongdoing. This is not an
+easy task, and no matter how careful officers may be, mistakes
+are sometimes made and innocent persons are arrested and
+charged with the offense. Bring this home to yourself, because
+every one of these constitutional guaranties are for you,
+for each of you, for your father, mother, brothers, and sisters.
+Keep this in mind. Do not consider them as applying
+to somebody away off, some stranger in whom you have
+no interest. <emph>They apply to you.</emph>
+</p>
+
+<p>
+Now suppose that to-night a murder should be committed,
+and to-morrow your father should be arrested and charged
+with the crime of which he was entirely innocent. It will be
+very important to him that he should have a fair chance, a
+fair trial. His liberty would be at stake, and liberty under
+the Constitution is a sacred thing. Thinking of liberty his
+mind would naturally turn to the Constitution, and if he
+examined it, he would find the following guaranty:
+</p>
+
+<p>
+<q><hi rend='italic'>No person shall be held to answer for a capital, or otherwise
+infamous crime, unless on a presentment or indictment
+of a Grand Jury, except in cases arising in the land or naval
+<pb n='093'/><anchor id='Pg093'/>
+forces, or in the Militia, when in actual service in time of
+War or public danger.</hi></q><note place='foot'><p>Constitution
+of the United States, Amendment V.
+</p>
+<p>
+<q>A <emph>capital crime</emph> is such crime as the law declares punishable by
+death penalty.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol I, p. 284.
+</p>
+<p>
+<q>An <emph>infamous crime</emph> is such crime as the law declares punishable by
+imprisonment in a state prison.</q>
+</p>
+<p>
+A grand jury, or an indictment, or a presentment jury, or an inquest
+jury, is a jury (differing as to numbers in different States) for the
+purpose of investigating alleged crimes. If, upon investigation, the jury
+believes the accused person has either committed the act or has had a
+part in the crime, it will draw up a formal accusation in writing. This
+accusation is called an indictment and is presented to the court. In
+a few States a person may be brought to trial for violation of a law
+of the State upon information filed by the prosecuting attorney.
+</p>
+<p>
+A <emph>petit jury</emph>, or <emph>trial jury</emph>, is a jury of twelve men selected by the
+court&mdash;according to a law determining the manner&mdash;to hear the accusation
+against the person charged along with the evidence submitted during
+the trial in court. After hearing the evidence and receiving from
+the judge instructions concerning the law governing the case, the jury
+will determine whether the accused person is guilty or not. The Federal
+government, and most of the States, require a unanimous verdict. If the
+jury disagrees they report such to the court (the judge) and they are dismissed
+and the case may be tried again with a different jury.
+</p>
+<p>
+<q>Constitutional guaranties of the right of trial for crime only on indictment
+by a grand jury, imply a common law grand jury of whose
+number at least twelve men concur in finding the indictment, but by provision
+in state constitutions a smaller number of grand jurors than required
+by common law and concurrence of a smaller number than twelve
+in the finding of an indictment may be authorized.</q>
+</p>
+<p>
+<q>A grand jury affords a safeguard against the unwarranted ignominy
+of being put on public trial for an offense which there is no reasonable
+ground to believe the accused has committed.</q>
+</p>
+<p>
+<q>The grand jury is to investigate the cases of those who have been
+arrested and held under preliminary information on oath by private accusers;
+and it may also investigate cases of supposed crime of which it
+has knowledge or to which its attention may be called by the public
+prosecuting officer. Its proceedings are secret and its members are sworn
+not to subsequently divulge them.</q>&mdash;McClain's <hi rend='italic'>Constitutional Law</hi>.</p></note>
+</p>
+
+<p>
+Now you do not understand this, do you? And yet it is
+very simple. When a man is arrested, he is brought before
+the court for trial. But how, and before whom shall he be
+tried?
+</p>
+
+<p>
+Remember that in America the enforcement of law is in
+the hands of the people. Remember that this is a government
+by the people and that the chief purpose of government
+is to protect the liberties of the people. Here is your father's
+liberty at stake. If he should be convicted of having committed
+this murder, he might be hanged or sent to prison for
+life, so it is very important to him that the investigation into
+the charge against him shall be conducted in the right
+manner.
+</p>
+
+<p>
+Under this constitutional guaranty which is also included
+in your State Constitution, there is no court and no judge in
+the United States big enough or powerful enough to call your
+father before the court for trial until he has been indicted
+by a grand jury. A grand jury, generally composed of twelve
+or more men selected from ordinary citizens, is brought together
+every term of court. They sit in a room by themselves
+and hear evidence as to the commission of offenses. They
+have no power to find a man guilty or not guilty. Their
+power and their duty is to decide whether the evidence
+brought before them is sufficient to justify putting the accused
+man on trial for the offense. They hear the witnesses
+for the State or government. The defendant is not brought
+before them personally, nor is he represented in any way.
+It is simply a secret investigation. If these men upon this
+investigation decide the evidence is not sufficient to warrant
+the trial of a man, he is discharged. He cannot be put on
+trial before the court. Before the court can proceed the grand
+jury must first say that the man shall be tried. The people
+<pb n='094'/><anchor id='Pg094'/>
+thus have in their hands the power of protecting the innocent,
+and the power of instituting proceedings against the
+guilty. The grand jury brings in its report by an <q>indictment</q>
+which is merely a written statement to the court that
+the grand jury believes the defendant should be put upon
+trial for a certain offense. When this indictment is brought
+in, the defendant is called before the court, the charge is read
+to him, and he is then required to say whether he is guilty
+or not guilty. If he says that he is not guilty, then preparation
+must be made for a trial in the court, before a petit
+jury, a trial jury, which we will consider later. The thing
+I want to impress upon you now is the care with which the
+framers of the Constitution guarded the right of your father
+to have an investigation by a body of citizens before he can
+be brought up for trial for this murder which has been committed.
+He cannot be dragged by officers before some court
+and forced to go hurriedly through a form of trial only to be
+found guilty. The proceedings must be deliberate and careful.
+The Constitution guards him against danger of conviction
+without substantial proof of his guilt.
+</p>
+
+<p>
+There are a few minor offenses, sometimes called misdemeanors,
+and there are violations of city ordinances, in
+which an indictment is not necessary, but an indictment by
+a grand jury is necessary whenever the crime is infamous or
+capital; that is, generally speaking, when punishment would
+involve imprisonment in the penitentiary or the taking of
+life by hanging or otherwise. You will understand this
+better as we consider the trial before the petit jury.
+</p>
+
+<p>
+You may think it is difficult to learn all about grand juries,
+the number of jurors, and the manner in which they are
+sworn to perform their duties. I do not blame you. But
+bear in mind I am not insisting that you shall learn all these
+details. Of course the more knowledge we have about these
+matters the better. But <emph>the important thing</emph> is that you shall
+<pb n='095'/><anchor id='Pg095'/>
+learn that away back more than one hundred and thirty
+years ago the people of America in framing the Constitution
+of our country, by written guaranties, made this a government
+by the people. Knowing that the most sacred thing
+on this earth is human liberty, they sought to guard it by
+providing every possible safeguard which would protect the
+innocent from unjust conviction. They trusted the people.
+While courts were provided, the power to accuse the humblest
+human being living under the American flag of a grave offense
+and bring him before a court for trial was reserved to
+the people themselves.
+</p>
+
+<p>
+Grand juries are merely representatives or agents of the
+people. As they sit in court they are exercising some of the
+highest and most important duties exercised by men. Grand
+jurors and petit jurors hold in their hands the liberty of their
+fellowmen.
+</p>
+
+<p>
+It is these great truths I wish to impress upon you. I want
+you to have the knowledge, but more than this, I want you
+to have the spirit, the spirit of confidence in your government,
+and the spirit of gratitude that you live in America
+where the people rule, where the people not only make the
+law, but enforce it.
+</p>
+
+<pb n='096'/><anchor id='Pg096'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. In the olden days how could a strong man abuse one suspected of
+stealing?
+</p>
+
+<p>
+2. What would he be compelled to do to-day?
+</p>
+
+<p>
+3. Why are the guaranties regarding trials important to you?
+</p>
+
+<pb n='097'/><anchor id='Pg097'/>
+
+<p>
+4. Who may accuse or charge a person with a crime?
+</p>
+
+<p>
+5. Is a person charged with a crime necessarily guilty?
+</p>
+
+<p>
+6. What is a grand jury? What is its purpose?
+</p>
+
+<p>
+7. How are members of a grand jury servants of the people?
+</p>
+
+<p>
+8. Is a search warrant valid if no sworn statement has been filed?
+</p>
+
+<p>
+9. What are the rights of the owner, if a search is made without
+proper warrant or papers?
+</p>
+
+<p>
+10. State the guaranty of the Constitution with reference to indictment
+by a grand jury.
+</p>
+
+<p>
+11. Is the session of a grand jury secret or public?
+</p>
+
+<p>
+12. Is the defendant present before the grand jury during the investigation?
+</p>
+
+<p>
+13. What is meant by <q>indictment</q>?
+</p>
+
+<p>
+14. What is done when the grand jury returns an indictment?
+</p>
+
+<p>
+15. What offenses may be prosecuted without an indictment?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Discuss the procedure of securing a search warrant?
+</p>
+
+<p>
+B. If we had no guaranty of security of property rights what effect
+would this have with reference to working, earning, and saving?
+</p>
+
+<p>
+C. How is the fact that we have a grand jury an evidence of the care
+with which our government guards our rights?
+</p>
+
+<p>
+D. What is a heinous crime?
+</p>
+
+<p>
+E. Write a paper on:
+</p>
+
+<quote rend='display'>
+<p>
+Early Abuses of Power in Search and Seizure
+</p>
+
+<p>
+Some Interesting Violations of this Right
+</p>
+
+<p>
+The Grand Jury as an Evidence That the People Rule
+</p>
+
+<p>
+An Account of the Work of One Grand Jury
+</p>
+</quote>
+
+</div>
+
+<pb n='098'/><anchor id='Pg098'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XII. Rights Of Accused</head>
+<head type='sub'>Acquittal By Jury Final&mdash;Accused Not Compelled
+To Be A Witness</head>
+
+<p>
+Now keeping in mind that this is a personal matter with
+each one of us, that we are talking about our own rights,
+that some day our liberties may be in danger, let us take up
+the next guaranty of the Constitution: <q><hi rend='italic'>nor shall any person
+be subject for the same offence to be twice put in jeopardy
+of life or limb</hi></q>.<note place='foot'><p>Constitution
+of the United States, Amendment V.
+</p>
+<p>
+<q>The rule of procedure generally recognized is that when an accused
+person has been put on trial under a valid indictment in a court having
+jurisdiction of the case, and a jury has been empaneled and sworn to try
+the case and give a verdict, and a verdict of <emph>not guilty</emph> is given&mdash;the
+accused cannot be again put on trial for the same crime, or any included
+crime for which he might have been convicted in that prosecution.</q>&mdash;<hi rend='italic'>Cyclopedia
+of American Government</hi>, Vol. II, p. 251.
+</p>
+<p>
+<q>A verdict of not guilty is conclusive and the defendant must be discharged.
+If however he is convicted, he may in some instances appeal
+the case to a higher court for review and that is not being again put in
+jeopardy.</q>&mdash;Emlin McClain, quoted in the <hi rend='italic'>Cyclopedia of American Government</hi>,
+Vol II, p. 251.
+</p>
+<p>
+<q>Jeopardy is complete when the court proceeds with a jury to ascertain
+the defendant's guilt.</q>
+</p>
+<p>
+<q>As the criminal jurisdiction of the Federal Court extends only to
+offenses against the Federal laws, and no prosecution for such offenses
+can be entertained in the state courts&mdash;it follows that there can be no
+questions of former jeopardy as between a federal and a state court.</q>&mdash;<hi rend='italic'>Cyclopedia
+of American Government</hi>, Vol II, p. 251.</p></note>
+</p>
+
+<p>
+I am sure you do not know what that means. I am sure
+there is not one of you who ever dreamed that such a thing
+might happen to you as to be <q>twice put in jeopardy of life
+or limb</q>. This is very important and likewise very simple.
+In the olden days, in the old world, many a man was tried
+for a crime in court and found not guilty, and then later
+was arrested and put on trial again and found guilty. Suppose
+your father, as I said the other day, should be arrested,
+although he were innocent. Suppose he were indicted by
+this grand jury and brought on for trial. He would be compelled
+to hire a lawyer, if he were able to, and get ready for
+trial. The trial would come on, and days or possibly weeks
+might be spent in examining witnesses. Finally the case
+would close and the jury would bring in a verdict of <q>not
+guilty</q>. It would be an expensive proceeding. Perhaps it
+would take all the money he had saved. It would not only
+be expensive but it would be a hard strain upon him, your
+mother, the other children, and yourself. It is a very serious
+matter for an innocent man to be tried for murder. Still
+the verdict of <q>not guilty</q> comes in and you are all full of joy
+to realize that his life and liberty have been saved. Now suppose
+<pb n='099'/><anchor id='Pg099'/>
+it were possible that within a couple of weeks afterwards
+he could again be arrested, indicted, put on trial. All of the
+family would again be subjected to worry and sorrow. You
+do not think it would be just, do you? It would not be right.
+Of course it wouldn't be right, but men in the olden days
+have been compelled to submit to such injustices. So when
+the Constitution was adopted this guaranty which I just read
+was put in there, so that for any offense against the United
+States no man can be tried again after acquittal. Once a jury
+of his fellowmen, his neighbors, brings in a verdict of <q>not
+guilty</q> that ends forever any prosecution for the same offense.
+He is free and there is no power in the United States nor any
+of its officers to call him again for trial for that offense. Most
+of the States have a like constitutional guaranty.
+</p>
+
+<p>
+Then there is another important guaranty: <q><hi rend='italic'>nor shall (he)
+be compelled in any criminal case to be a witness against
+himself</hi></q>.<note place='foot'><p>Constitution of the United States, Amendment V.
+</p>
+<p>
+In our own early colonies persons were frequently tortured to compel
+them to give evidence against themselves or against other people, but
+at that time the colonies were still under British authority.
+</p>
+<p>
+An instance was recently reported of a man appearing before a sheriff
+and confessing to the commission of five different murders in as many
+different places in a western State. Upon investigation it was found
+that murders had been committed in these places about the time he confessed
+to having committed the crimes, so he was arrested and held by
+the sheriff. Upon further investigation it was discovered that he was
+mentally unbalanced and having read of all these crimes he imagined he
+had committed them. He was released from arrest and was committed
+to a hospital for the insane. In this instance an innocent man might
+have been executed if his own testimony had been sufficient to convict
+him.
+</p>
+<p>
+If a person confesses to having committed a crime and the facts as
+stated are found to be correct, he may then be convicted of the crime,
+but the conviction is made on the basis of the evidence disclosed by his
+confession and not on the confession itself. Having made a confession
+the officers may then from the facts told by the accused find other facts
+sufficient to convict without offering the confession in evidence.
+</p>
+<p>
+<q>A confession is not admissible in evidence where it is obtained by
+temporal inducement, by threats, promise or hope of favor held out to
+the party in respect of his escape from the charge against him, by a person
+in authority.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol. I, p. 387.
+</p>
+<p>
+<q>When an inducement destroys a confession it must be held out by
+a person in authority.</q></p></note>
+</p>
+
+<p>
+I wonder if you have ever heard of the days when men
+were tortured to make them confess. I wonder if you ever
+heard of the rack where men were stretched, almost torn
+limb from limb, or of the days when men were hung up by
+their thumbs, in order to compel them to admit their guilt
+of some crime. Have you read of the burning of the soles
+of men's feet? Or the application of red hot irons to other
+parts of the body in order to extort a confession? Well those
+were common things in some of the countries in the days before
+America was born. Men would be arrested, charged
+with an offense, and then an effort would be made to torture
+them into confessing to the crime. And often where no
+such brutal torture was employed, men were brought into
+court, put on the stand, threatened, examined, and cross examined
+by lawyers to try to gain admissions which might
+help to prove their guilt. Of course this was all wrong. It
+was brutal. It was a violation of human right. When the
+<pb n='100'/><anchor id='Pg100'/>
+Constitution of the United States was framed this great abuse
+of human privilege was absolutely barred by the provision,
+that no one can <q>be compelled in any criminal case to be a
+witness against himself</q>. In this country, when a man is
+brought into court charged with a crime, it is the duty of
+the government to prove his guilt. This proof must be by
+the sworn testimony of witnesses of certain facts or circumstances,
+aside from any statement or admission by the defendant.
+He cannot be compelled to be a witness at all. If
+he so wishes, however, he may be a witness for himself. This
+privilege was denied him under the English practice for generations,
+and even in this country in many of the States until
+a comparatively recent time; but never since the Constitution
+was adopted could any person charged with a crime
+against the United States be compelled to testify to any fact
+or circumstance in relation to the crime. Not only can he
+sit in the court room and listen to the stories told against him,
+but he is guaranteed this right by protection against any
+threats or inducements outside of court and before the trial
+which would lead him to say anything against his innocence.
+Every judge in criminal courts has been compelled at times
+to refuse to admit in evidence before the jury certain statements
+or alleged confessions. You may see in the paper
+where some man has been arrested for breaking into a bank
+or committing some other offense, and it may be further
+stated that the defendant has confessed that he broke into
+the bank. Naturally you then say to yourself that he will
+be found guilty. Well this constitutional guaranty not only
+protects him in court but protects him out of court. He
+cannot be compelled to give answers after his arrest while he
+is in jail, or even if he is at liberty under bond, which can
+be used against him upon the trial. Of course a person
+charged with a crime may waive this constitutional guaranty.
+He may voluntarily say that he wants to tell his story, and
+<pb n='101'/><anchor id='Pg101'/>
+if he does so without any inducement, promises, or threats
+it may be admitted against him when the trial comes. Otherwise
+not. To be admitted, it must appear to be absolutely
+voluntary and of his own free will. If it appears that the
+confession has been induced by promises of lighter sentence
+or <q>that it will be easier for him</q>, or if any other inducement
+is used to get him to consent to make his statement,
+such statement cannot be used in evidence because of his
+constitutional guaranty. Many times I have seen the court
+refuse to admit proof of an alleged confession of a defendant,
+and I could see that the jury trying the case and the people
+sitting in the court room were surprised that the judge would
+not admit such proof even when the confession was signed by
+the defendant; but the jury and the people did not happen to
+think of this constitutional provision. Perhaps they had never
+heard of it. Every judge is sworn to uphold and defend the
+Constitution. No judge can permit any provision of the
+Constitution to be violated if he can help it. A man is on
+trial before him. A written confession is offered in evidence
+to help convict him. The defendant's attorneys claim that
+the confession was not voluntary but was induced by threats
+or promises. The court then makes inquiry and hears the
+witnesses upon this question, and if the court finds that the
+confession was not the voluntary act of the defendant, the
+same will be excluded because the Constitution provides that
+no man <q>shall be compelled in any criminal case to be a
+witness against himself</q>.
+</p>
+
+<p>
+Let us turn again to the false accusation against your father.
+He is charged with murder. He is on trial before a jury.
+The attorney for the government pulls a paper out of his
+pocket and offers it in evidence. It appears to be signed by
+your father. Your father's attorney objects to having it considered
+by the jury for the reason that the policemen took
+your father into a cell in the jail, and threatened that they
+<pb n='102'/><anchor id='Pg102'/>
+would beat him with their clubs unless he would sign a paper
+telling how he committed the offense, and that in terror he
+signed the paper. At this point, the court would hear the
+statements of your father, and other evidence, and if it appeared
+that there were any threats of any kind used to get
+your father to sign the paper, it would not be admitted in
+evidence at all. Your father would only claim his constitutional
+rights as an American, and they would not be denied
+to him.
+</p>
+
+<p>
+There are notable instances in which confessions were
+made and signed by innocent parties, who were discouraged
+because the facts seemed to be all against them, who felt that
+they were certain to be convicted, and that their punishment
+would be lighter if they would make a confession. Under
+this impression they made and signed a confession. It was
+afterward found that the confession was false and that they
+were innocent of the crime. This constitutional guaranty
+protects against any injustice of this kind.
+</p>
+
+<p>
+These careful efforts of the makers of the Constitution to
+guard the liberties of the most humble persons must impress
+us with the earnestness of their efforts to make this a free
+country, where no one shall be deprived of his life or liberty
+except where proven guilty, after a most carefully guarded
+trial.
+</p>
+
+<p>
+Isn't it fine to live in a country where the people have a
+Constitution written in such simple language that even the
+little children can read it? I want every one, even the smallest
+child, to understand that every line of the Constitution
+was written to guard and protect each one of us, young
+and old, against injustice and wrong. These safeguards cannot
+be taken away except by the people themselves. The
+President cannot change the Constitution. Congress cannot
+change it. Judges cannot change it. No one but the men and
+women of America can alter it in the least.
+</p>
+
+<pb n='103'/><anchor id='Pg103'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Show how being put on trial again and again for the same offense
+would be an injustice.
+</p>
+
+<p>
+2. Why is it right to have the verdict of <q>not guilty</q> final?
+</p>
+
+<pb n='104'/><anchor id='Pg104'/>
+
+<p>
+3. What would be the result if it were not final?
+</p>
+
+<p>
+4. Why is this of <emph>particular</emph> advantage to the poor man?
+</p>
+
+<p>
+5. Why should no man be compelled to be a witness against himself?
+</p>
+
+<p>
+6. Why do they allow a man to be a witness if he so desires?
+</p>
+
+<p>
+7. What is the importance of the guaranty protecting the defendant
+from being examined as a witness?
+</p>
+
+<p>
+8. When a person is indicted for an offense, what is the duty of the
+government with reference to proof of guilt?
+</p>
+
+<p>
+9. How is guilt proven in court?
+</p>
+
+<p>
+10. When may a confession made outside of court be introduced as
+evidence?
+</p>
+
+<p>
+11. Why would anyone accused of a crime confess guilt, when in fact
+he might not be guilty at all?
+</p>
+
+<p>
+12. Can the President or Congress or a judge change any of the provisions
+of the Constitution?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Discuss the democracy of the provision that the verdict of <q>not
+guilty</q> is final while that of <q>guilty</q> may not of necessity be final?
+</p>
+
+<p>
+B. Why are confessions wrung from frightened or tortured men likely
+to be untrustworthy?
+</p>
+
+<p>
+C. Why should the <q>Third Degree</q> methods be prohibited?
+</p>
+
+<p>
+D. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+The Third Degree
+</p>
+
+<p>
+Early Cases of Torturing Accused Persons
+</p>
+
+<p>
+The Burdens, Disadvantages, and Injustice of Permitting a Retrial
+After A Verdict of <q>Not Guilty</q>
+</p>
+
+<p>
+Methods Sometimes Used to Secure a Confession of Guilt
+</p>
+</quote>
+
+</div>
+
+<pb n='105'/><anchor id='Pg105'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XIII. Life, Liberty, And Property</head>
+<head type='sub'>Rights Protected By Due Process Of Law&mdash;Property
+Taken For Public Use</head>
+
+<p>
+The three great things which every man, woman, and
+child cherishes are life, liberty, and property. We see in
+every one of these guaranties how careful the people who
+made the Constitution were to see that these valuable things
+were sacredly guarded.
+</p>
+
+<p>
+It is stated in the Constitution that:
+</p>
+
+<p>
+<q><hi rend='italic'>No person shall ... be deprived of life, liberty, or
+property, without due process of law.</hi></q><note place='foot'><p>Constitution
+of the United States, Amendment V.
+</p>
+<p>
+This is a part of the fifth amendment to the Federal Constitution, and
+the fourteenth is an expansion of it, and assumes that the man charged
+with the crime is innocent until proven guilty. The old standard set in
+Europe was that a person charged with crime was considered guilty
+until he was proven innocent. All citizens, whether native or foreign
+born, have the protection of this amendment.&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>,
+Vol. I, p. 622.
+</p>
+<p>
+Previous to 1679 in England an accused person could be detained in
+prison for months or even for years and had no recourse to the courts,
+but might be thus detained in prison upon a mere charge brought by
+some one jealous of him and without real reason. In that year the
+people demanded that Parliament should give relief against unjust or
+false imprisonment, and Parliament enacted the Habeas Corpus Act.
+The provisions of this notable act require that a person imprisoned may
+demand a preliminary hearing and learn the cause of his being seized
+and imprisoned. Either he or his friends or relatives could go before a
+judge of a court and demand a <emph>writ of habeas corpus</emph>. Such writ was
+issued by a judge and directed to the jailer or the person detaining the
+accused and he was compelled to bring the accused person before the
+court and show legal reason why that person should be detained. If no
+such cause or reason could be given, the accused person must be set at
+liberty. The guaranty of the right to a writ of habeas corpus under
+our Constitution is considered hereafter. See page <ref target='Pg144'>144</ref>.
+</p>
+<p>
+<emph>Due process of law</emph> may be defined as <q>according to the law of the
+place in which the trial is held</q>. It means in this instance that no
+person may be deprived of life, liberty, or property without the right of
+judicial trial. <emph>Due process of law</emph> does not necessarily mean <emph>jury trial</emph>.
+If a jury trial is the legally recognized method of trying such case, then
+jury trial is <emph>due process</emph>, but if trial without a jury is legally provided
+for when permitted by the Constitution, in that instance, <emph>due process</emph>
+does not require jury trial. For cases in which the right of trial by jury
+is guaranteed see pages <ref target='Pg111'>111</ref>, <ref target='Pg125'>125</ref>,
+and <ref target='Pg160'>160</ref>.
+</p>
+<p>
+<q>In a word, <q>due process of law</q> to-day signifies <q>reasonable law</q>, in
+which sense it bestows upon the courts, and especially upon the Federal
+Courts, as final interpreter of the national constitution, a practically undefined range of supervision over legislation both state and national.</q>&mdash;<hi rend='italic'>Cyclopedia
+of American Government</hi>, Vol. I, p. 615.
+</p>
+<p>
+<q>Due process of law, is law in its regular course of administration
+through courts of justice.</q>&mdash;Story's <hi rend='italic'>Commentaries</hi>, Vol. III, pp. 264,
+661;&mdash;18 <hi rend='italic'>Howard</hi> 272.
+</p>
+<p>
+<q>Any legal proceeding enforced by public authority, whether sanctioned
+by age or custom, or newly devised in the discretion of the legislative
+power, in furtherance of the general public good, which regards
+and preserves these principles of liberty and justice.</q>&mdash;110 <hi rend='italic'>U. S.</hi> 516.
+</p>
+<p>
+<q>Due process of law in each particular case means, such an exercise
+of the powers of government as the settled maxims of the law permit
+and sanction, and under such safeguards for the protection of the individual
+rights as those maxims prescribe for the class of cases to which
+the one in question belongs.</q>&mdash;Cooley's <hi rend='italic'>Constitutional Limitations</hi>, p. 441.
+</p>
+<p>
+<q>This provision does not imply that all trials in state courts affecting
+the property of persons must be by jury.</q> This depends to some extent
+upon the constitution of the respective states, except as limited by the
+United States Constitution.&mdash;92 <hi rend='italic'>U. S.</hi> 90.</p></note>
+</p>
+
+<p>
+You can understand how important this is if you will
+realize how in the olden days people were so brutally treated
+by their fellowmen, especially by those in power who happened
+to represent the government. Have you ever read the
+story of the Bastile, a prison in which hundreds of French
+people were thrown without a trial, in which many were murdered
+and many kept in dark cells chained to the floor for
+years? Have you ever read the story of the Tower in London,
+where men were imprisoned and murdered without a
+trial by any court and without an investigation by any one,
+often without the knowledge of their closest friends? Have
+you ever read about how the property of people was taken
+away from them without trial or investigation to be turned
+over to the king or to some of his friends? Until you have
+read something of the past, and realize how people suffered,
+how they lost their lives, their liberty, and their property,
+you will never realize the wisdom of those who framed our
+Constitution, nor the affection which they had for the people
+<pb n='106'/><anchor id='Pg106'/>
+of America in protecting them against such horrible treatment.
+</p>
+
+<p>
+No person's property can be taken, no person's life can
+be taken, no person's liberty can be taken under our
+Constitution without due process of law. We do not need to
+discuss the meaning of <q>due process of law</q>. You will
+learn more about this later, as you study more fully the
+details of the Constitution. It is sufficient now to say that
+no person's life, liberty, or property can be taken away from
+him without his consent, except by a trial before a legal
+court, in which the person shall have the right to a fair hearing.
+He must have notice of the charge or claim made
+against him. He must have a chance to appear in person.
+He must have the right to employ attorneys to represent him.
+He must have the privilege of bringing in witnesses to tell
+the truth about the charges that may be made. There must
+be a decision by the court after a speedy public trial. In all
+the States of this country any one is entitled to such a trial,
+and he is also, in case of defeat, entitled to appeal and present
+his case to a different and a higher court. These courts
+are the courts of the people, selected by the people, and
+neither government nor individuals have any right to take
+away anyone's life, liberty, or property unless the people by
+and through their courts shall so find and do.
+</p>
+
+<p>
+Then we find the following constitutional provision: <q><hi rend='italic'>nor
+shall private property be taken for public use, without just
+compensation</hi>.</q><note place='foot'><p>Constitution
+of the United States, Amendment V.
+</p>
+<p>
+Eminent domain means the right and authority of the government to
+take private property for public purposes upon the payment of a just
+compensation.
+</p>
+<p>
+<q>The superior right existing in a sovereign government by which private
+property may in certain cases be taken or its use controlled for the
+public benefit, without regard to the wishes of the owner.</q>&mdash;Bouvier's
+<hi rend='italic'>Law Dictionary</hi>, Vol. I, p. 657.
+</p>
+<p>
+<q>Eminent domain is said with more precision to be the right of the
+nation or the state, or of those to whom the power has been lawfully
+delegated, to condemn private property to public use, upon paying to
+the owner a due compensation, to be ascertained according to law.</q>&mdash;Bouvier's
+<hi rend='italic'>Law Dictionary</hi>, Vol. I, p. 651.
+</p>
+<p>
+Just compensation is generally arrived at by those whose duty it is
+to secure the land for the government, by offering a good fair price for
+the land. If the owner of the land refuses to accept the offer, the land
+may be seized by the proper authority and the matter settled according
+to law. The law generally provides that a body of appraisers be appointed
+who appraise the value of the land and this amount is offered
+to the owner. If he refuses, the matter is carried to the court for determination.
+A jury is summoned to assess the value of the land and from
+this the owner may usually appeal, but the government cannot appeal;
+it must pay the appraised valuation or allow the owner to keep his
+property. It must be remembered that private property may only be
+taken by the government for public purposes.
+</p>
+<p>
+Some purposes for which the government may take private property
+are: forts and arsenals, army posts, or public parks. It may take food
+supplies for use of the army or navy in time of war. It may take over
+the railroads for the benefit of the people of the Nation, etc. In all
+cases it must give just compensation.</p></note>
+</p>
+
+<p>
+Of course the government at times must have property
+which may belong to a private person. The public must at
+times take property belonging to an individual. Property
+may be taken, even when the owner will not consent to it,
+when it is taken for public use. One man's property cannot
+be taken by the government and given to another person.
+Government buildings must be erected and land must be obtained
+<pb n='107'/><anchor id='Pg107'/>
+for such purposes. The public must have railroads,
+and a railroad can only be built when land is obtained for
+what is called the right of way. Sometimes a railroad must
+run through lots or farms belonging to private owners.
+The higher right of the public to these conveniences, these
+necessities, requires that when necessary the private individual
+must give up his right of ownership to these higher
+public uses. But even for the Nation, or the State, or railway,
+or for any other public use, not one foot of land may
+be taken from the poorest man in the country unless he is
+first fully paid its value therefor. Usually, of course, the
+owner will sell his property for such purpose at a fair price,
+but, if he is stubborn and will not do so, or if a fair price
+cannot be agreed upon then the government of the State or
+of the Nation, or the agents of the State or of the Nation
+may take such property by first having its value fixed by a
+commission, or a jury, composed of the neighbors of the
+owner. Where the amount fixed by such commission or jury
+is not satisfactory to the owner of the property, he may appeal
+to the court and have a trial, usually a jury trial, in
+which he can bring his witnesses and prove the value of his
+property, so that he will finally receive its full, fair, just
+value.
+</p>
+
+<p>
+By this constitutional guaranty every person is well guarded
+in his ownership and possession of property. In countries
+existing before America not much attention was paid to the
+rights of property owners. If the king or emperor should
+demand possession of a certain piece of property the owner
+had little to say about it. He received his orders and obeyed
+them, because he was afraid of the power of the government.
+The government could pay or not as it pleased. But this
+period of wrong and injustice was ended, so far as the people
+of America were concerned, when the Constitution became
+the final power in this land.
+</p>
+
+<pb n='108'/><anchor id='Pg108'/>
+
+<p>
+There are a few people in this country who seek to have
+private ownership of property abolished. No law taking
+away the right to own property can ever come into force
+in this country until the people by their votes change the
+Constitution. The Constitution stands guard over the farms,
+the homes, the money, and all forms of personal property. It
+guards the cottage of the widow with the same jealous care
+that it does the ten-story building of the bank. No person
+and no power can interfere with the right to accumulate
+property and to hold it, provided only it is honestly obtained.
+</p>
+
+<pb n='109'/><anchor id='Pg109'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. What are the three things that every man, woman, and child
+cherishes?
+</p>
+
+<p>
+2. What does the Constitution say about these three things?
+</p>
+
+<p>
+3. What was the Bastile? The Tower of London?
+</p>
+
+<pb n='110'/><anchor id='Pg110'/>
+
+<p>
+4. Show how injustice was worked by confining people without due
+process of law.
+</p>
+
+<p>
+5. What are some of the essentials of <q>due process of law</q>?
+</p>
+
+<p>
+6. When can private property be taken by the government?
+</p>
+
+<p>
+7. When the State wishes a piece of land, end the owner will not
+sell for a fair price, how is the matter adjusted?
+</p>
+
+<p>
+8. What right for reconsideration has a person against whom a judgment
+has been rendered in a trial court?
+</p>
+
+<p>
+9. How can the reasonable value of property be established or proven?
+</p>
+
+<p>
+10. Suppose the President of the United States wished a certain piece
+of property upon which to build a summer home. Could the President
+secure the land? Give reasons.
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What are some of the steps necessary to due process of law?
+</p>
+
+<p>
+B. What would be the effect on people if life, liberty, or property could
+be taken without due process?
+</p>
+
+<p>
+C. Discuss the process of condemning property.
+</p>
+
+<p>
+D. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+Evils of the Bastile and the Tower of London
+</p>
+
+<p>
+Why Military Courts Do Not Always Follow This Law
+</p>
+
+<p>
+The Different Purposes For Which Property May Be Taken For
+Public Use
+</p>
+
+<p>
+Why Ownership of Property Should Be Protected
+</p>
+</quote>
+
+</div>
+
+<pb n='111'/><anchor id='Pg111'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XIV. Criminal Trials</head>
+<head type='sub'>Accused Guaranteed A Speedy Public Trial By An
+Impartial Jury Of The Local District</head>
+
+<p>
+I hope no one here this morning will ever be arrested for
+a crime of any kind, and yet, as I have already explained to
+you, the innocent are sometimes brought before the court
+charged with a grave offense. Therefore you should be interested
+in the investigation of the truth of any charge that
+may be made against you, whether by a private individual
+or by a public officer.
+</p>
+
+<p>
+I have already explained to you that in all grave offenses
+when a person is charged with a crime, he cannot be brought
+before the court for trial until the grand jury has investigated
+the facts and until they have returned an indictment,
+or written charge, to the court. Until this is done, the court
+has no power to proceed.
+</p>
+
+<p>
+But now suppose that you have been arrested, suppose that
+a grand jury has investigated the charge against you, has
+heard witnesses, and has returned an indictment. You are
+then brought up before the court, and the indictment is
+read to you. This indictment I will explain to you more
+fully later. When the indictment is read you are then
+required to say whether you are <q>guilty</q> or <q>not guilty</q>.
+If you have committed the crime charged, it may be advisable
+to plead guilty and ask for the mercy of the court in
+the punishment which he may impose. Courts usually temper
+justice with mercy. Courts will usually impose a lighter
+sentence when a guilty person pleads <q>guilty</q> and avoids the
+delay and expense of a trial. But, if you are innocent, you
+will plead <q>not guilty</q>, and then the government, through
+<pb n='112'/><anchor id='Pg112'/>
+its officers, will get ready for trial. You may not be tried
+right away, as it usually takes some time to investigate the
+facts and get the witnesses into court. As I will hereafter
+explain, you will be entitled to an attorney when the time
+comes for your trial, when you will have a chance to hear
+the witnesses offered by the prosecution, introduce your own
+witnesses, and, under our present law, testify yourself, tell
+your own story.
+</p>
+
+<p>
+If you will walk into a court some day you will see the
+judge and over at one side twelve chairs for the jury. When
+your case is called for trial the first thing will be to select
+the twelve men who will be the jury in your case. I am not
+going to give the manner of selection at this time. This will
+be fully explained later. I wish now to impress upon you
+the fact that the Constitution expressly guards your rights
+by providing that you shall be entitled to have your case
+tried, not before a judge, but by a jury composed of men
+from the ordinary walks of life, laborers, merchants, farmers,
+people of all classes; men just like your fathers are.
+They are called. They hold up their right hands and take
+an oath to try your case fairly and justly and to make a
+finding according to the evidence which is brought before
+them.
+</p>
+
+<p>
+The Constitution provides:
+</p>
+
+<p>
+<q><hi rend='italic'>In all criminal prosecutions, the accused shall enjoy the
+right to a speedy and public trial, by an impartial jury of
+the State and the district wherein the crime shall have been
+committed, which district shall have been previously ascertained
+by law.</hi></q><note place='foot'><p>Constitution of the United States, Amendment VI.
+</p>
+<p>
+<q>A speedy trial is, it appears, one that is brought on without unreasonable
+delay for preparation; and a public trial is not necessarily one to
+which every one may obtain admission but one sufficiently free and open
+to allow the friends of the accessed and others to watch the proceedings.</q>&mdash;Emlin
+McClain, quoted in the <hi rend='italic'>Cyclopedia of American Government</hi>.
+</p>
+<p>
+<q>Criminal prosecution is the means adopted to bring a supposed offender
+to justice and punishment by due course of law.</q>
+</p>
+<p>
+<q>The speedy trial to which a person charged with crime is entitled
+under the constitution is a trial at such a time, after the finding of the
+indictment, as shall afford the prosecution a reasonable opportunity, by
+the fair and honest exercise of reasonable diligence, to prepare for trial,
+and if the trial is delayed or postponed beyond such period, when there
+is a term of court at which the trial might be had, by reason of neglect
+of the prosecution in preparing for trial, such delay is a denial to the
+defendant of the right of a speedy trial, and in such case a person confined,
+upon application by <hi rend='italic'>habeas corpus</hi>, is entitled to a discharge from
+custody.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol. II, p. 1023.
+</p>
+<p>
+Every jury is sworn to decide according to the evidence presented,
+guided by instructions in the law given by the judge. Juries are therefore
+held to be <emph>impartial</emph>.
+</p>
+<p>
+The entire United States is divided into judicial districts, of which
+there are about ninety-two. These districts are found within the States
+as judicial districts do not cut State boundaries. Where the population
+is more sparse a Federal district comprises an entire State. Where the
+population is more dense a State may contain two or more districts.
+There are four United States District Court districts in the State of
+New York, two in Iowa, and only one in Nevada, and some other western
+States.
+</p>
+<p>
+Congress may by legislative act lay out Federal court districts. These
+districts were first established in the Federal Judiciary Act of 1789.
+As the population increases Congress may increase the number of districts.</p></note>
+</p>
+
+<p>
+<emph>This is an absolute guaranty</emph>&mdash;a right which is given to
+you, given to each of you, to every man, woman, and child,
+young or old, regardless of color or creed. A trial without a
+jury would be a violation of your constitutional rights. Of
+course, there are a few minor offenses, misdemeanors, and violations
+<pb n='113'/><anchor id='Pg113'/>
+of city ordinances, which are sometimes tried without
+a jury, but in all infamous crimes, for which life may be
+taken as punishment or for which a person may be sent to the
+penitentiary, every one is entitled to a trial before a jury.
+</p>
+
+<p>
+Is not this a sacred right? Don't you think that it is wise
+to permit people to have their rights and wrongs determined
+by a body of plain, honest men? It removes any suggestion
+of the abuse of power by a person in a public position. It
+inspires confidence in those who are brought before the court
+for trial. If we cannot obtain justice before such a body of
+men, how can justice be obtained in this world?
+</p>
+
+<p>
+I have already told you that in this country the people
+are not only the makers of the law but the enforcers of the
+law. It is in these jury trials where the people enforce the
+law.
+</p>
+
+<p>
+Of course, the hearing before the jury is held in court.
+The judge presides. He directs the proceedings of the trial,
+sees that it is conducted in an orderly way, endeavors to
+prevent any falsehoods from getting before the jury, keeps
+away from the jury any hearsay or gossip, or expressions of
+prejudice, or other matters not founded on absolute knowledge
+and truth. But the jurors are the sole judges of what
+the truth is, and, when the case is closed, when the evidence
+has all been introduced and the attorneys have made their
+arguments and pleas, the members of the jury retire to a
+private room by themselves. There they discuss the evidence,
+come to some conclusion, make a finding of <q>guilty</q>
+or <q>not guilty</q>, and bring in their finding in the form of a
+verdict.
+</p>
+
+<p>
+Have you also observed that the constitutional protection
+of your liberty not only provides for a jury trial, but also
+provides that it shall be a <q>speedy</q> trial. That is, one
+charged with a crime cannot without his consent, be locked
+up for weeks and months and years, as has often occurred in
+<pb n='114'/><anchor id='Pg114'/>
+other parts of the world. He is entitled to be tried just as
+soon as the case can be prepared for trial, in justice to both
+sides. Cases are often postponed for many months, but
+only by consent of the accused. A case not tried at the second
+term of court will usually be dismissed except when the
+defendant consents to the delay.
+</p>
+
+<p>
+The Constitution also provides that it must be a public
+trial. Oh! how many men in the long ago have been tried
+and condemned in private, where only a few enemies were
+present, where one's friends and neighbors could not hear
+the charges or the evidence. In this country the doors of
+the court room must be open. Any one has a right to enter
+and listen to the proceedings. The public has a right to
+know what is being charged against the humblest citizen, and
+what the proceedings against him are. Thus is justice
+guarded.
+</p>
+
+<p>
+Then the Constitution provides that the trial shall be
+before <q><hi rend='italic'>an impartial jury of the State and district wherein
+the crime shall have been committed</hi>.</q> This is important.
+We are not to be sent away among strangers to be tried.
+That is what they used to do long ago. That is one of the
+things which our forefathers complained of most bitterly. In
+the Declaration of Independence the colonies declared:
+</p>
+
+<p>
+<q>He (the King of Great Britain) has combined with
+others to subject us to a jurisdiction foreign to our constitution,
+and unacknowledged by our laws; giving his Assent
+to their acts of pretended legislation ... for depriving
+us in many cases, of the benefits of Trial by Jury ...
+for transporting us beyond Seas to be tried for pretended
+offenses.</q>
+</p>
+
+<p>
+When the Constitution was adopted the people made up
+their minds that nothing of that kind should ever occur
+again in free America. They were so careful that they went
+so far as to provide that the district where a trial shall be
+<pb n='115'/><anchor id='Pg115'/>
+held <q><hi rend='italic'>shall have been previously ascertained by law</hi></q>. That
+is to say, that the place of trial, the county or district where
+it shall be held, must be fixed by law before the crime is committed.
+The courts or the legislature of any State cannot,
+after a crime is committed, pass a law providing that such a
+crime shall be tried in a district then to be named. The law
+must fix this in advance of the commission of any offense.
+For instance, without such a constitutional provision, a person
+who committed a crime in the State of New York might
+be taken to California to be tried. This would not be American
+justice. The accused would have the right to point to
+the Constitution of his country and demand that he should
+be tried in New York, and any court which would not grant
+this right would not only violate the oath which every judge
+takes before he undertakes to perform the duties of such
+office, but his unlawful conduct would perhaps result in his
+impeachment. The proceedings would be reversed by a
+higher court, and the party would be granted a new trial at
+a place and in accordance with his constitutional privileges.
+</p>
+
+<p>
+Isn't it wonderful how the little details which may affect
+one's liberty were so carefully considered away back there
+when they were planning the Nation and establishing the
+rules which would guard the rights of the people?
+</p>
+
+<pb n='116'/><anchor id='Pg116'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Why should all of us be interested in a trial?
+</p>
+
+<p>
+2. Describe a court room scene.
+</p>
+
+<p>
+3. Why is trial by jury a sacred right? What would it be like if
+we did not have this right?
+</p>
+
+<p>
+4. How are jurors selected in your State?
+</p>
+
+<p>
+5. Why is the trial to be held in the vicinity where the crime was
+committed? What would be the dangers of taking it far away?
+</p>
+
+<p>
+6. Why should the jury be impartial?
+</p>
+
+<p>
+7. If the accused person is guilty, why is it advisable to plead guilty?
+</p>
+
+<p>
+8. Why is it impracticable to hold a trial immediately after the arrest
+of the accused person?
+</p>
+
+<p>
+9. What is the first step in the actual trial?
+</p>
+
+<p>
+10. After a jury is selected, what is required of them before the trial
+commences?
+</p>
+
+<p>
+11. Why is a speedy trial essential to justice?
+</p>
+
+<p>
+12. Why is it important that the trial should be public?
+</p>
+
+<p>
+13. State some offenses that are sometimes tried without a jury.
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Can the judge declare an accused man guilty?
+</p>
+
+<p>
+B. How is trial by jury an evidence of the rule of the people?
+</p>
+
+<p>
+C. Show how this benefits the poor man and the rich man equally.
+</p>
+
+<p>
+D. Why are some trials delayed for many months?
+</p>
+
+<p>
+E. What is the importance of the clause <q>shall have been previously
+ascertained by law</q>?
+</p>
+
+<p>
+F. Discuss the relative role of jury and judge in a trial.
+</p>
+
+<p>
+G. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+The Method of Selecting Jurors in Your State
+</p>
+<p>
+Delay in Trial
+</p>
+<p>
+The Injustice of Remote Trials
+</p>
+<p>
+Trial by Jury vs. Trial by a Judge
+</p>
+<p>
+The Procedure of a Trial From Beginning to End
+</p>
+</quote>
+
+</div>
+
+<pb n='117'/><anchor id='Pg117'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XV. The Indictment</head>
+<head type='sub'>Defendant Must Be Informed Concerning The
+Accusation Against Him</head>
+
+<p>
+Now, my friends, in order to understand more fully the
+value of our constitutional rights, let us again imagine ourselves
+in a place of danger, danger of our liberty or of our
+life, and let us recall how carefully we have been guarded.
+To the poorest tramp, or the richest millionaire, the same
+rules apply. Innocent persons may be accused of crimes; they
+may be arrested, but they cannot be brought into court and
+put upon trial until they are fully advised of the charge
+against them.
+</p>
+
+<p>
+The Constitution provides:
+</p>
+
+<p>
+<q><hi rend='italic'>In all criminal prosecutions, the accused shall ...
+be informed of the nature and cause of the accusation.</hi></q><note place='foot'><p>Constitution of the United States, Amendment VI.
+</p>
+<p>
+If one is not given a preliminary hearing shortly after his arrest, the
+right to a writ of <hi rend='italic'>habeas corpus</hi> (defined in another chapter), gives the
+accused an opportunity to know the exact nature of the charge against
+him and why he is held or detained in prison. Then he is faced by his
+accusers in court and bears the charge against him. In all criminal
+cases the accused is privileged to be present throughout the entire trial,
+in fact he is required to be present during the trial.
+</p>
+<p>
+In early England, and in many other European countries in early
+times, the accused person was not even permitted to know the reason
+for his imprisonment, and furthermore was tried in court and found
+guilty without hearing the evidence or knowing who testified in court.
+</p>
+<p>
+The right of trial upon indictment of a grand jury, and the privilege
+of confronting one's accusers in court, having witnesses in one's behalf,
+and having an attorney to defend one accused, is not yet allowed in certain
+parts of Russia and perhaps other countries in Europe and Asia.
+These privileges have been the recognized right of all people in the
+United States since our glorious Constitution was adopted and became
+the fundamental law of our country in 1789.
+</p>
+<p>
+Teachers of civics in our schools ought to ask permission of the judge
+to take their classes to visit a session of the court. The judge is able
+to inform the teacher as to when certain cases of most value to pupils
+and other persons are to be tried. The trial of certain kinds of cases
+brings out many fundamental facts of rights and duties of citizenship
+that boys and girls, as well as many adult persons, ought to know.
+</p>
+<p>
+<q>The accused is of all men the most miserable, unless the law gives
+him an equal chance to defend himself. Time was when the courts
+could hear privately the witnesses against the prisoner, and then call
+him into court to answer charges, which he never had heard of, made
+upon the testimony of witnesses he never had seen, without any legal
+means of compelling his own witnesses to come to court to testify for
+him and without any lawyer to speak for him against the trained counsel
+for the government. Many of these abuses had been weeded out before
+the Constitution was adopted.</q>&mdash;Bacon's <hi rend='italic'>American Plan of Government</hi>,
+p. 272.
+</p>
+<p>
+<q>Almost all the reform needed to make criminal procedure humane
+and just, has been incorporated into the constitutions and laws of the
+states during the first era of independence; but the people of the United
+States bad no such safeguards.</q>&mdash;Bacon's <hi rend='italic'>American Plan of Government</hi>,
+p. 273.
+</p>
+<p>
+<q>The charge to be answered by the defendant on trial in a criminal
+court must be clear, explicit, and definite. The prosecution has no right
+to compel the accused to show that he is a good member of society.</q>&mdash;<hi rend='italic'>7
+Peters Rep. 138.</hi></p></note>
+</p>
+
+<p>
+This is the first step in bringing a person to trial. He
+does not go blindly. He must be informed <q>of the nature
+and cause</q> of the charge against him. He must be given full
+knowledge of the crime which it is claimed he committed.
+<hi rend='italic'>How is this done?</hi> Well, we have to consider the constitutional
+provision that one cannot be put upon trial for an
+infamous crime <q><hi rend='italic'>unless on a presentment or indictment of a
+Grand Jury</hi></q>. What this constitutional provision means is,
+that a grand jury shall hear and consider the evidence and,
+if satisfied that a person shall be tried, they shall draw up a
+writing called an <q>indictment</q>, which they shall return publicly
+in court. This indictment is a brief statement by which
+the grand jury makes a charge against the person named of
+having committed a certain offense, and the indictment must
+state not only the name of the offense, but the manner,
+<pb n='118'/><anchor id='Pg118'/>
+briefly stated, in which the grand jury claims the offense was
+committed.
+</p>
+
+<p>
+So that under this constitutional guaranty the person accused
+knows what he is to be tried for. This enables him to
+prepare for his defense. When his attorney is consulted he
+examines a copy of the indictment. He sees what is charged
+in it. He then talks over with the accused the facts and
+circumstances with relation to the crime charged. He then
+makes proper inquiry. If possible he secures witnesses with
+relation to the charge and thus is enabled to come into court
+ready to hear the evidence offered by the prosecution and
+ready to introduce witnesses to contradict or explain the
+testimony introduced by the prosecution.
+</p>
+
+<p>
+So you see how valuable this right is. One may proceed
+intelligently, with full light upon the alleged transaction.
+He is not required to stumble in the darkness, perhaps to
+tumble into a pitfall. Without such a provision you can see
+how helpless an innocent person might be if brought suddenly
+before the court for trial for an offense which he never
+committed. If he were not first advised of the nature of
+the charge and the circumstances he might be helpless. You
+know evidence is brought before the court by witnesses who
+are called by the attorneys for the prosecution and for the
+accused. These witnesses take oath to tell the truth. But,
+unfortunately, witnesses do not always tell the truth. They
+sometimes commit perjury. One must be ready to meet
+false testimony. By the constitutional guaranty requiring
+that the accusation be in writing, stating the crime and its
+nature, one can be prepared. In many of the States still
+greater precaution is taken to guard against any possible
+wrong, by requiring not only an indictment but also requiring
+that there shall be furnished to the person accused the
+names of witnesses and a brief statement of the evidence
+which the prosecution expects to offer, this to be furnished
+<pb n='119'/><anchor id='Pg119'/>
+before the trial commences so that the defendant may get
+ready to meet it.
+</p>
+
+<p>
+Did you ever go into a court when a man was upon trial
+for a grave offense? You should do so. Everyone should do
+so. But you should go there with the proper spirit, not for
+amusement, not to criticise, but with a full realization of the
+great human drama there being enacted. There at or near
+the trial table you will see the defendant, the man who is
+being tried. He may be a stranger. He may be poor. He
+may possibly be wicked, but he is a human being; and no
+matter what faults he may have he is an American citizen,
+and under the Constitution of our country he cannot be convicted
+until proven guilty of the particular crime charged in
+the indictment. He sits there while witnesses are telling their
+stories. You will see him watching the jury. Occasionally
+he looks at the judge. But he knows that no matter what
+the judge may think, he cannot find him guilty. The jury
+and the jury alone can convict.
+</p>
+
+<p>
+It is a solemn proceeding, though the lawyers may at
+times appear to use trifling words in their discussions. The
+prisoner looks through the court room window. Outside the
+sun is shining, the birds are singing, and the breezes sway
+the branches of the green trees. Everything seems to suggest
+liberty and freedom. At no time is liberty so sweet as when
+it is in danger. The prisoner realizes that in a few days the
+trial will be ended and the verdict of the jury will determine
+whether he shall go out of the court room to freedom or to
+prison.
+</p>
+
+<p>
+To-day it is the stranger who is on trial. To-morrow it
+may be someone who is near and dear to you. If such misfortune
+should come, then you will fully realize what a
+wonderful blessing it is that under our Constitution everyone
+is assured of a fair trial, that a person can only be tried for
+the specific offense stated in the indictment, and that a verdict
+<pb n='120'/><anchor id='Pg120'/>
+of guilty can only be rendered when the evidence is strong
+enough to convince the jury of guilt beyond a reasonable
+doubt.
+</p>
+
+<pb n='121'/><anchor id='Pg121'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Restate the guaranties that every man has before being brought
+to trial.
+</p>
+
+<p>
+2. Why should the accused be informed of the nature of the accusation?
+</p>
+
+<p>
+3. What would be the result if he were not so informed?
+</p>
+
+<p>
+4. Why is it necessary that this accusation be put in writing?
+</p>
+
+<p>
+5. Why is this important to everybody?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Illustrate the dangers of secret charges.
+</p>
+
+<p>
+B. What chance has a person with malicious and secret gossip?
+</p>
+
+<p>
+C. Upon a trial can evidence of hearsay or gossip be offered to prove
+guilt?
+</p>
+
+<p>
+D. When a person makes a charge against a person and says, <q>Don't
+tell anyone that I said this</q>, what is the effect?
+</p>
+
+<p>
+E. Tell some of the dangers and injustices of slander.
+</p>
+
+<p>
+F. What is the first step in bringing an accused person to trial?
+</p>
+
+<p>
+G. Is it sufficient to charge the defendant with having committed murder
+without any further explanation? Give reasons.
+</p>
+
+<p>
+H. What is required of a witness before he is examined?
+</p>
+
+<p>
+I. What is perjury?
+</p>
+
+<p>
+J. Why is a trial a solemn proceeding?
+</p>
+
+<p>
+K. How strong must the evidence be in order that a person may be
+found guilty?
+</p>
+
+<p>
+L. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>The Need of a Public and Written Charge</p>
+<p>The Danger of the Secret Slander</p>
+<p>How An Accused Person Prepares For His Trial</p>
+<p>A Visit to a Court in Session</p>
+</quote>
+
+</div>
+
+<pb n='122'/><anchor id='Pg122'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XVI. Guarding Rights In Court</head>
+<head type='sub'>Confronted By Witnesses&mdash;Compulsory Process&mdash;Aid
+Of Counsel&mdash;Jury In Civil Trial</head>
+
+<p>
+I am sure that no one until he has studied the Constitution,
+no one certainly who is not a trained lawyer, will realize the
+many safeguards necessary to protect persons who may be
+wrongfully accused of a crime; but the framers of the Constitution
+knew the dangers from the sad experiences of innocent
+men and women who had been sacrificed by tyrants who
+had but little regard for human life or for human liberty.
+</p>
+
+<p>
+Of course you now understand that in case an indictment
+is returned by the grand jury, the person accused comes into
+court, or is brought in, and enters his plea of <q>guilty</q> or of
+<q>not guilty</q>. If he pleads <q>not guilty</q> a jury is brought together,
+<q>empanelled</q>, as it is called, and they are sworn to
+hear the evidence, and decide the case according to the evidence.
+</p>
+
+<p>
+But in these grave criminal trials, in order that the truth
+may prevail, every accused person is given the right to be
+confronted by the witnesses against him. The Constitution
+provides:
+</p>
+
+<p>
+<q><hi rend='italic'>In all criminal prosecutions, the accused shall ...
+be confronted with the witnesses against him.</hi></q><note place='foot'><p>Constitution of the United States, Amendment VI.
+</p>
+<p>
+<q>In judicial procedure a witness is one who is duly called upon to
+testify under oath as to matters within his knowledge. By rules of
+procedure some persons are disqualified from testifying on account of
+want of mental capacity as, for instance, idiots, insane persons, and infants
+who have not attained the age of discretion. Others who are qualified
+to testify may be of such character that their testimony is not entitled
+to the weight which should be given to some other witness. Furthermore,
+a witness may be so related to the subject matter or to the
+parties as that in the particular case his testimony should not be received,
+or should be received under limitations as to its credibility and
+weight. And finally the competency of testimony offered is regulated by
+rules of evidence fixed by law.</q>
+</p>
+<p>
+<q>Under constitutional guaranties of religious freedom, the religious
+belief of a witness cannot be made a ground for his disqualification to
+testify.</q>
+</p>
+<p>
+<q>As to criminal prosecution, it is usually provided in state constitutions
+as it is in the Fifth and Sixth Amendments to the Federal Constitution
+that the accused shall not be compelled to be a witness against
+himself and that he has a right to be confronted with the witnesses
+against him and to have compulsory process for obtaining witnesses in
+his favor. These are privileges which the accused may waive.</q>&mdash;Emlin
+McClain, quoted in <hi rend='italic'>Cyclopedia of American Government</hi>, Vol. III, p.
+693.</p></note>
+</p>
+
+<p>
+What does this mean? It means that the government, the
+prosecution, cannot prove guilt by witnesses who are not
+present in court where the defendant can see them, where
+they may be cross examined by counsel, where the jury may
+observe them, and study their conduct and demeanor, because
+this often helps in determining whether a person is
+telling the truth or a falsehood.
+</p>
+
+<p>
+In ordinary trials where property alone is involved, a
+<pb n='123'/><anchor id='Pg123'/>
+witness may live in another State or at some great distance
+from the place of trial. Witnesses cannot be brought a long
+distance in those cases. In some States they cannot be compelled
+to attend a distance of more than seventy miles. In
+other States, not more than one hundred miles; so that to get
+their testimony, the parties take their depositions. This
+means that instead of bringing the witness into court, the
+parties obtain an order by which they can go to the place
+where the witness is. There he is sworn before a commissioner,
+or a notary public, examined, and his testimony
+is taken in writing. The testimony is returned to the court
+where the trial is to be held, and is then read to the court or
+the jury upon the trial.
+</p>
+
+<p>
+But in the trial of a person accused of a crime, depositions
+cannot be used against him. Statements of witnesses in
+writing, or in any other form, cannot be used by the prosecution.
+The witnesses must be physically in court before the
+accused, and there orally testify, and the defendant must
+have the right to cross examine them.
+</p>
+
+<p>
+But to give the accused person every possible aid in
+enabling him to have the truth brought before the court
+and jury, he may take the depositions of witnesses in his own
+behalf. That is, the prosecution&mdash;the State or the Nation
+accusing a man of a crime&mdash;must prove the truth of the accusation
+by witnesses personally in court confronting the
+defendant, but the defendant is given the privilege of taking
+the testimony of witnesses at a distance, in the form of depositions
+which are read to the jury.
+</p>
+
+<p>
+This provision of the Constitution may be very important
+to an innocent person sometimes. The importance of it may
+never appear to us until unfortunately we be wrongfully accused
+of a crime, and our life or liberty in danger.
+</p>
+
+<p>
+Then the Constitution further provides:
+</p>
+
+<p>
+<q><hi rend='italic'>In all criminal prosecutions, the accused shall enjoy the
+<pb n='124'/><anchor id='Pg124'/>
+right ... to have compulsory process for obtaining
+witnesses in his favor.</hi></q><note place='foot'><p><q>Compulsory
+process is the means of compelling a witness to appear
+before the court at the time of trial and, under oath, tell what he
+knows about the matter under consideration.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>,
+Vol. II, p. 766.
+</p>
+<p>
+A <emph>subpoena</emph> is an order issued in a court and given to a sheriff or
+other executive officer, to be served upon or read to a witness, compelling
+him to appear before the court at the time stated. He must lay aside
+all pretenses and excuses, and appear before the court or the magistrate
+at the time and place named in the subpoena, under a penalty therein
+cited for failure to appear. His failure to obey the order of the court,
+or subpoena, is known as <emph>contempt</emph>. Contempt is punishable in Federal
+courts, and in most States by the order of the judge, and is not subject
+to jury trial. (Oklahoma is an exception.)</p></note>
+</p>
+
+<p>
+This is also very important. <q>Compulsory process</q> means
+an order of the court, commonly called <q>subpoena</q>, which is
+served upon witnesses by the marshal, or the sheriff, or other
+authorized person, commanding them to appear in court for
+examination before the court and jury as to the truth of
+matters involved in the accusation against a person on trial.
+</p>
+
+<p>
+Here I wish you to recall the unfortunate fact that every
+little while somebody is complaining about our government
+as <q>a rich man's government</q>. It is often claimed that the
+poor have no chance for justice. The truth is that the rich
+and the poor stand equal in the courts. In creating the
+Constitution, it is known of course that someone might
+be brought before the court who was poor, without money,
+possibly without friends. He might be innocent, but in
+order that his innocence might be established it would be
+necessary for him to have witnesses who might live many
+miles away, who would not come into court to testify of
+their own free will. Therefore, there was inserted in the
+Constitution this provision, that every defendant shall have
+the right to compulsory process, commanding witnesses to
+appear, and there is no one so poor that he cannot have
+this privilege, because the United States&mdash;and in most of the
+States we have a like provision&mdash;not only issues subpoenas
+and compels the officers to serve them, but it pays the expense
+of serving, and pays the witness fees and mileage, so
+that the poor man has all of the rights in getting the truth
+before the court and jury that the richest may have.
+</p>
+
+<p>
+Furthermore, in the same American spirit, when persons
+accused of an offense are too poor to employ counsel, the
+government will furnish counsel. The Constitution provides:
+</p>
+
+<pb n='125'/><anchor id='Pg125'/>
+
+<p>
+<q><hi rend='italic'>In all criminal prosecutions, the accused shall ...
+have the Assistance of Counsel for his defence</hi>.</q><note place='foot'><p><q>At
+common law a prisoner was not allowed counsel. In England
+this right was not granted in all cases before 1836.</q>&mdash;<hi rend='italic'>Cyclopedia of
+American Government</hi>, Vol. I, p. 487.
+</p>
+<p>
+The United States was the earliest of nations to not only permit
+every person accused of crime and tried before a court to have counsel,
+but to furnish counsel for every person who was not himself able to get
+counsel or able to pay for counsel.</p></note>
+</p>
+
+<p>
+There is no person so poor, or obscure, or friendless, that
+when he is charged with a crime which might affect his liberty
+or his life, he shall not have the right to a full, fair
+trial. Not only are his witnesses produced and paid by the
+government, but an attorney is appointed by the government
+to represent him, and help him establish his innocence.
+</p>
+
+<p>
+This is a wonderful illustration of the paternal care which
+is manifested for those who may be unfortunate, and this is
+all because under our Constitution, liberty is a sacred thing,
+and it shall not be taken away except in punishment for a
+crime which has been proven in open court in a public trial
+before a jury, where the party has been confronted with the
+witnesses against him, where he has had a chance to furnish
+witnesses in his behalf and the aid of counsel in his trial.
+</p>
+
+<p>
+Then the people who brought the Constitution into being,
+feeling that so far as practicable they should have control
+of the enforcement of law not only in criminal cases, but in
+civil cases, included a guaranty in the Constitution that:
+</p>
+
+<p>
+<q><hi rend='italic'>In suits at common law, where the value in controversy
+shall exceed twenty dollars, the right of trial by jury shall
+be preserved.</hi></q><note place='foot'><p>Constitution
+of the United States, Amendment VII.
+</p>
+<p>
+<q>Common Law is that system of law or form of the science of jurisprudence
+which has prevailed in England and in the United States, in
+contradistinction from other great systems, such as Roman or civil
+law.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol. I, p. 370.
+</p>
+<p>
+<q>Common law is used to distinguish the body of rules and of remedies
+administered by courts of law, technically so called, in contradistinction
+to those of equity administered by courts of chancery, and to the canon
+law, administered by ecclesiastical courts.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>,
+Vol. I, p. 370.</p></note>
+</p>
+
+<p>
+Of course there is often more or less controversy about
+property of small value, where the expense and delay of jury
+trials might possibly be oppressive, but in any case involving
+more than twenty dollars in value, triable under the common
+law, which includes practically all cases except those peculiar
+cases triable in Chancery, or in Courts of Equity, the parties
+are entitled to a trial by jury. That is, instead of introducing
+their evidence and having the judge decide what the truth is
+between them, the parties are entitled to have a jury of men
+from the ordinary occupations of life hear the evidence and
+say from the evidence what is the truth.
+</p>
+
+<pb n='126'/><anchor id='Pg126'/>
+
+<p>
+And furthermore, the people provided in the Constitution
+that:
+</p>
+
+<p>
+<q><hi rend='italic'>No fact tried by a jury shall be otherwise re-examined in
+any Court of the United States, than according to the rules
+of the common law.</hi></q><note place='foot'><p>Constitution
+of the United States, Amendment VII.
+</p>
+<p>
+<q>A jury is a body of men sworn to declare the facts of a case as they
+are proven from the evidence placed before them.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>.
+</p>
+<p>
+The definition of a jury explains why the facts of a case are not open
+for re-examination after being declared by a jury. It is because a jury
+meets in a court in the place where the offense has been committed, and
+is therefore better able to know the whole truth, and to determine what
+the facts really are than would be possible for any other body of men
+who did not have such means of knowing. A higher court in reviewing
+a case on an appeal cannot usually go behind the facts as declared
+by a jury.</p></note>
+</p>
+
+<p>
+Here again is the right to a jury trial, and the benefit of
+a jury trial, and to a trial according to the established rules
+and precedents of the common law courts carefully preserved.
+</p>
+
+<p>
+Now my friends, I know that there is much confusion in
+your minds about trials in court. I do not expect you to
+know all about trials. We are studying the guaranties of the
+Constitution so that we shall learn human rights&mdash;our rights&mdash;under
+the Constitution. I am talking to you about the
+safeguards of the Constitution so you shall know your rights,
+especially so that you will always venerate the Constitution
+which guards your rights, and defend it against those who
+may assail it. But I do want you to have a clear idea of
+what a trial in court is. I want you to know the purpose of
+the long days of examination of witnesses, the objections of the
+attorneys to certain questions asked, the rulings of the court,
+and the arguments of counsel.
+</p>
+
+<p>
+<emph>The main purpose, aim, and object of every lawsuit</emph>, as
+trials are usually termed by people who are not lawyers, <emph>is to
+find the truth</emph>. The proceedings in court in every lawsuit
+are a continuous search for the truth. If in disputes we
+could agree to what the truth is, there would be few lawsuits
+to try.
+</p>
+
+<p>
+A lawsuit only arises where there is a dispute to settle. If
+people agreed about their rights there would be little need
+of courts. In criminal cases, the government through the
+grand jury charges by indictment that a man committed a
+certain crime. The government says the man did it. He
+denies it by a plea of not guilty. He says he did not. The
+trial before the petit jury is merely a search for the truth
+<pb n='127'/><anchor id='Pg127'/>
+about the charge. <emph>What is the truth about the matter in
+dispute</emph>, that is all that is involved in an ordinary lawsuit.
+</p>
+
+<p>
+Picture two boys in a dispute about which owns a ball.
+One positively asserts that it is his, that his father bought it
+and gave it to him. The other is just as sure that it is his.
+He says that his brother gave it to him. They quarrel so
+excitedly that a neighbor coming across the street asks the
+cause of the trouble. They tell him their claims and ask him
+to decide. One boy points out a rough spot on the ball
+which he insists was caused by a blow from his bat while
+he was playing in his own yard. The other says that his
+brother gave him a ball with red and white stitches. The
+neighbor, after hearing these and many other claims, decides
+the case, giving the ball to the boy whom he finds to be the
+owner.
+</p>
+
+<p>
+In this we have every element of a lawsuit. The dispute,
+the court (the neighbor), the witnesses (the boys), and the
+judgment based upon what the neighbor finds to be the truth
+from the evidence before him. That is all that any court
+or jury can do, but under the Constitution in cases involving
+life or liberty every possible safeguard is provided so that
+the truth may be found, so that justice may be done.
+</p>
+
+<pb n='129'/><anchor id='Pg129'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Why should all witnesses for the prosecution speak in the actual
+presence of the accused?
+</p>
+
+<p>
+2. Why should the accused be allowed to have testimony in his favor
+submitted in writing?
+</p>
+
+<p>
+3. In what cases is written testimony ordinarily admitted?
+</p>
+
+<p>
+4. What is compulsory process?
+</p>
+
+<p>
+5. In what ways does the Constitution aid the poor man?
+</p>
+
+<p>
+6. In what cases may there be a trial without a jury?
+</p>
+
+<p>
+7. What is the main purpose of any lawsuit?
+</p>
+
+<p>
+8. What is meant by cross-examination of a witness?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. In what way do these provisions sustain the fact that our government
+is a democracy?
+</p>
+
+<p>
+B. Is a person more likely to commit perjury when not actually facing
+the person accused? Give reasons.
+</p>
+
+<p>
+C. What is the provision of the Constitution as to <q>compulsory process</q>?
+Explain the importance of this right.
+</p>
+
+<p>
+D. Explain the provision of the Constitution as to the right to have
+counsel.
+</p>
+
+<p>
+E. Show how compulsory process and free counsel help the poor man.
+</p>
+
+<p>
+F. Why is jury trial omitted in small controversies?
+</p>
+
+<p>
+G. What is a <q>civil</q> case?
+</p>
+
+<p>
+H. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>How Perjury is Detected</p>
+<p>Oral and Written Testimony</p>
+<p>How the Poor Man is Protected</p>
+<p>The Purpose of a Trial in Court</p>
+<p>The Story of a Tramp Without Money, Accused of an Offense:
+How the Constitution Helps Him</p>
+</quote>
+
+</div>
+
+<pb n='130'/><anchor id='Pg130'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XVII. Punishment</head>
+<head type='sub'>Prohibition Of Excessive Bail Or Fines, Cruel Or
+Unusual Punishments, And Involuntary
+Servitude</head>
+
+<p>
+Before we finish, I want you to have in your mind a clear
+conception of the way in which a person accused of an offense
+is brought before the court, tried, and convicted or
+acquitted.
+</p>
+
+<p>
+I have already explained that the first step is the arrest
+of the suspected person.<note place='foot'>In ordinary
+instances arrests may be made only by officers of
+the law upon warrants issued by a magistrate. Any officer may, however,
+upon his own cognizance of a crime being committed, arrest the
+person or persons without warrant. If such authority were not given to
+officers of the law, many persons violating law would be able to escape
+before a warrant could be issued. Furthermore, under the laws of
+some States, any person who sees a crime committed is legally required
+to pursue and arrest the offending person and may himself be punished
+if he refuses to act. Sheriffs and other officers of the peace may call
+upon and require other persons to assist in the pursuit and capture of
+fleeing criminals.</note> Again put yourself in the place of
+the suspected person.
+</p>
+
+<p>
+You are arrested. It is the duty of the officer making the
+arrest to bring you into a court, but this is not generally
+to a trial court. A person is generally brought before what
+is called a committing magistrate, a justice of the peace or
+commissioner&mdash;some person having authority to issue warrants
+of arrest. You may be far from home and friends
+when you are arrested. You may be entirely unacquainted
+in the neighborhood. The government is not ready to proceed
+to your trial. Witnesses must be summoned, not only
+for the government, but if you have witnesses you desire to
+use, they must be brought in.
+</p>
+
+<p>
+The general rule is to set the case for hearing&mdash;a <q>preliminary
+hearing</q> in a day or two, or a week possibly. You must
+therefore wait until this time comes. What are you going to
+do? Must you go to jail until they get ready to have the hearing?
+No, you are entitled to bail; that is, you are entitled to be
+discharged upon a bond fixed by the magistrate, commissioner,
+or judge. There are usually only two offenses which
+are not, as the saying is, bailable&mdash;murder and treason. Usually
+<pb n='131'/><anchor id='Pg131'/>
+where murder or treason is charged, the person is not
+admitted to bail. He is locked up in a cell to await trial;
+but as a general rule, when a person is arrested his bail is
+fixed&mdash;that is, the amount of the bond which he must file
+in order to be discharged pending the trial. For instance,
+if it were a charge of stealing a bicycle, the court might fix
+the bail at $500 or $1000. That would mean that if he
+would file a bond, with sureties, conditioned that in case
+he did not appear for hearing&mdash;that he should run away, for
+instance&mdash;the sureties would pay into the court the amount
+of the bond. Mostly any person of fair standing in a community
+can secure some friends who will sign such a bond,
+so that he may have his liberty until the trial.
+</p>
+
+<p>
+But the framers of the Constitution, again anxious about
+the liberties of the people, provided:
+</p>
+
+<p>
+<q><hi rend='italic'>Excessive bail shall not be required.</hi></q><note place='foot'><p>Constitution of the United States, Amendment VIII.
+</p>
+<p>
+In criminal actions the matter of bail is determined by statute. Bail
+is often denied to those accused of committing serious crimes.
+</p>
+<p>
+The term <emph>bail</emph> is used to designate a person who becomes a surety for
+the appearance of the defendant in court at the time called for. But in
+modern usage the term <emph>bail</emph> means the amount of money pledged by another
+person for the appearance of the defendant. If the defendant fails
+to appear the person going his bail must pay the stipulated amount into
+the court. The payment of the bail does not, however, relieve the delinquent
+defendant of further punishment. He may be again seized and
+punished as according to the charge, and furthermore may be given additional
+punishment for <q>jumping</q> his bail.
+</p>
+<p>
+<q>The defendant usually binds himself as principal with two sureties;
+but sometimes the bail alone binds himself as principal, and sometimes
+one surety is accepted by the sheriff. The bail bond may be said to
+stand in the place of the defendant as far as the sheriff is concerned, and
+if properly taken, furnishes the sheriff a complete answer to the requirement
+of the writ, requiring him to take and produce the body of the defendant.</q>&mdash;Bouvier's
+<hi rend='italic'>Law Dictionary</hi>, Vol. I, p. 211.</p></note>
+</p>
+
+<p>
+There were many instances in the olden days where bail
+was purposely fixed so high&mdash;so far beyond all reason in view
+of the nature of the offense that the party could not furnish
+the bail, the purpose being to compel the party to remain in
+prison. Our Constitution guarantees to every individual that
+the amount of bail fixed shall be reasonable in view of the
+nature of the offense and if it is not reasonable, the person
+arrested may have the matter brought before the court, who
+will make full inquiry, and reduce the amount of the bail if
+found to be too large.
+</p>
+
+<p>
+All through these guaranties of the Constitution, all
+through these provisions guarding the sacred rights of every
+person, you will see that the effort is that justice shall be
+done, not injustice; that right shall prevail, not wrong. That
+no one shall be kept in prison, deprived of his liberty, unless
+absolutely necessary in the interest of justice.
+</p>
+
+<p>
+Then after a trial, if a person is found guilty, the Constitution
+<pb n='132'/><anchor id='Pg132'/>
+again guards the rights even of the guilty, by providing:
+</p>
+
+<p>
+<q><hi rend='italic'>Excessive fines (shall not be) imposed, nor cruel and
+unusual punishments inflicted.</hi></q><note place='foot'><p>United
+States Constitution, Amendment VIII.
+</p>
+<p>
+<q>The amount of fine is frequently left to the discretion of the court,
+who ought to proportion the fine to the offense.</q>&mdash;Cooley's <hi rend='italic'>Constitutional
+Limitations</hi>, p. 377.
+</p>
+<p>
+<q>The object of punishment is to reform the offender, to deter him and
+others from committing like offenses, and to protect society.</q> <q>A state
+may provide a severer punishment for a second than for a first offense
+providing it is dealt out to all alike.</q>&mdash;159 <hi rend='italic'>U. S.</hi> 673.
+</p>
+<p>
+<q>Punishments are cruel when they involve torture or a lingering death;
+but the punishment of death is not cruel, within the meaning of that
+word as used in the Constitution.</q>&mdash;136<hi rend='italic'>U. S.</hi> 436.
+</p>
+<p>
+A warden of a State penitentiary was recently found guilty of inflicting
+cruel punishment because he punished a convict by suspending
+his body from chains placed around his wrists.
+</p>
+<p>
+The British Museum contains several machines of torture used to
+punish criminals in early days. One is a machine in the form of a hollow
+case fitting a human form. This case is filled with sharp spikes driven
+through from the outside. The machine was so constructed that when
+a victim was placed inside, the sides could be gradually turned up to fit
+the body and press these spikes into the body of the victim so as to
+produce death.
+</p>
+<p>
+Another machine is constructed much as a cross in form of the letter
+X. The victim was fastened in such manner as to bind his wrists and
+ankles to the ends of the bars. A horse was then hitched to either his
+arms or legs and they were torn from the body.
+</p>
+<p>
+Many States in the United States have now adopted electrocution as
+the means of inflicting the death penalty because it is believed to be
+the most humane way.</p></note>
+</p>
+
+<p>
+When this constitutional guaranty was written persons
+then living could recall without doubt the barbarous punishments
+which had been imposed in civilized countries even
+for light offenses. Common hanging was not regarded as
+sufficient punishment. <q>Hanged, drawn and quartered</q> was
+often heard in the courts of countries which had been left
+behind. It was nothing uncommon to see persons upon
+the roadside in England left hanging to the gibbet for long
+periods of time where the people could see them as a warning.
+It was not uncommon in those times to have a penalty of
+death imposed for the offense of stealing.
+</p>
+
+<p>
+It is almost impossible to read of the punishments of the
+olden days, even under decrees of courts, without a shudder.
+Therefore, every one in America should be filled with gratitude
+that in the adoption of our Constitution these excessive
+cruelties were forever ended.
+</p>
+
+<p>
+We have in this country the death penalty only for the
+most grave offenses, and it is seldom imposed. Imprisonment
+is generally regarded as just and sufficient. I might spend
+an hour if we had time, telling you something of the horrible
+dungeons which served as prisons in the olden days,
+into which God's sunlight seldom entered; of the chains the
+prisoners had to wear; of the starvation; yes, and of the lash&mdash;inhumanities
+which one can scarcely conceive, and which
+can never disgrace the civilization of America.
+</p>
+
+<p>
+Again, carefully guarding the rights and liberties of the
+people we find:
+</p>
+
+<p>
+<q><hi rend='italic'>Neither slavery nor involuntary servitude, except as a
+punishment for crime whereof the party shall have been duly
+<pb n='133'/><anchor id='Pg133'/>
+convicted, shall exist within the United States, or any place
+subject to their jurisdiction.</hi></q><note place='foot'><p>Constitution of the United States, Amendment XIII, Sec. 1.
+</p>
+<p>
+This amendment was submitted to the States by resolution of Congress
+in 1865 and by proclamation of the President of December 18th
+of that year was declared to have received the approval of the requisite
+number of States.
+</p>
+<p>
+So far as the abolition of slavery is involved there has been no question
+as to the effect of the amendment, but as to what constitutes involuntary
+servitude important questions have arisen. While the primary
+object of the amendment was to free the colored race, the general purpose
+was to render impossible the existence within the jurisdiction of the
+United States of any legal or social institution imposing involuntary
+labor on any class of persons. The introduction here of the peonage system
+prevalent in Mexico, the coolie system of China, or the padrone system
+of Italy fall within the prohibition.
+</p>
+<p>
+The amendment permits imprisonment and also involuntary servitude
+as a penalty for failure to pay a fine imposed as a punishment. Moreover
+the services of persons imprisoned for crime belong to the State
+and may be leased, subject of course to humanitarian regulations as
+to the method in which such services may be employed.
+</p>
+<p>
+Under the enforcement clause Congress has legislated against peonage,
+that is, a condition of enforced servitude by which the servitor is restrained
+of his liberty and compelled to labor in liquidation of some
+contract, debt, or obligation. But without such legislation, State statutes
+imposing imprisonment or servitude for non-performance of contractual
+obligations are invalid as in conflict with the provisions of the
+amendment.&mdash;Emlin McClain, in the <hi rend='italic'>Cyclopedia of American Government</hi>,
+Vol. III, p. 536.
+</p>
+<p>
+In the early days many of the American colonies permitted imprisonment for debt, and one of the greatest patriots and philanthropists of
+colonial times, Robert Morris, was imprisoned for debt by the State of
+Pennsylvania.</p></note>
+</p>
+
+<p>
+This is not a part of the original Constitution. It was
+adopted after the war had driven slavery from our shores.
+The spirit of America has from the beginning been exerted
+in enlarging the rights of human beings. Slavery existed
+before the adoption of the Constitution, and so strongly was
+it intrenched at that time in some of the colonies that it
+was impossible then to wipe it out.
+</p>
+
+<p>
+But it did not belong in America, and the time came when
+the American people, after a long bitter war, crushed the
+slave power, and swept from our shores the last vestige of
+involuntary servitude. That it might not be renewed, the
+people amended the Constitution so as forever to bar slavery
+or involuntary servitude except as men might be put in
+prison in punishment for crime after a full, fair trial.
+</p>
+
+<p>
+Did you ever read of the debtor's prison? It used to be
+in nearly every country in the world, that men who were
+merely unfortunate, who got in debt and who could not pay
+when the debt was due were sent to prison, and kept there
+sometimes for long periods. It was most cruel, because in
+many instances the persons were honest. They wanted to
+pay their debts, but sickness came, or floods, or fire, or other
+misfortune, and when the time came they were unable to
+pay and thus they lost their liberty.
+</p>
+
+<p>
+In those olden days, men were not only imprisoned, but
+in some countries they were compelled to labor for the person
+whom they owed. They were compelled to be slaves.
+</p>
+
+<p>
+But at last we have reached a stage in America, where
+no one may be compelled to work for another, unless by his
+own free will, except under conviction of a crime where the
+State may compel prisoners to work for some one in order to
+help pay the expense of maintaining them.
+</p>
+
+<p>
+The old debtor's prison is gone. No one in this country
+<pb n='134'/><anchor id='Pg134'/>
+can now be imprisoned for an ordinary debt. There are a
+few States in which a person may be imprisoned for debts
+arising in fraud, but for an ordinary contract debt, mere
+inability to pay, no one in America can now be compelled to
+submit to imprisonment.
+</p>
+
+<p>
+I wish sometime you would think seriously about what
+America has done for the poor. In the olden days they
+had few if any rights; but to-day in America, while by law
+we cannot prevent sickness nor sorrow, or other misfortune,
+we can and we do guard the liberty of the poorest and the
+most unfortunate. In fact many laws have been enacted which
+give to the poor special privileges which are denied to those
+who have property or money.
+</p>
+
+<p>
+For instance in nearly every State there are what are
+called exemptions for a person who is the head of a family,
+which protect him even in the possession of a limited amount
+of property which his creditors cannot take away from him
+in payment of a debt. In most of the States laborers may
+hold the earnings of a certain period, for instance ninety
+days, for support of themselves and their families, which no
+one can touch, which no officers and no court can seize in
+payment of a debt. Also they are protected in their household
+goods, their clothing for themselves and their families,
+and in many other ways.
+</p>
+
+<p>
+The farmer who may be heavily in debt is protected for
+himself and his family by having exempted to him a team
+of horses, harness and wagon, machinery, farm utensils, and
+food and clothing for the family.
+</p>
+
+<p>
+I have not time to relate all that has been done by America
+in sympathetic aid of the poor and the unfortunate. No
+other country in the world has given such consideration to
+the poor as has America.
+</p>
+
+<p>
+We hear much talk of social injustice, that the poor man
+has no chance. The truth is that more has been done in
+<pb n='135'/><anchor id='Pg135'/>
+America during the past twenty-five years to provide justice
+for the poor and unfortunate and for those who toil, than
+was done in any other country of the world during the last
+one thousand years. The spirit of America is right. The
+people have the power. They are right at heart. The only
+weakness in America is the failure of many thousands of
+our men and women to take an active interest in the affairs
+of government. Hundreds of thousands, yes millions, of our
+voters fail to go to the polls on election day to vote. They
+do not seem to feel any gratitude for the privilege of living
+in a free country where liberty is guarded by written guaranties
+of a Constitution which cannot be changed, except by
+the will of the people themselves.
+</p>
+
+<pb n='137'/><anchor id='Pg137'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. After a person is arrested where is he generally taken by the
+officer?
+</p>
+
+<p>
+2. If the hearing is postponed, what is generally done with him in the
+meantime?
+</p>
+
+<p>
+3. What is bail?
+</p>
+
+<p>
+4. What offenses are not bailable?
+</p>
+
+<p>
+5. What is the constitutional guaranty as to bail?
+</p>
+
+<p>
+6. Why should excessive bail be prohibited? What would be the injustice
+of this practice?
+</p>
+
+<p>
+7. What happens when a person <q>out on bail</q> fails to appear in court
+at the time set? Is he relieved of further punishment?
+</p>
+
+<p>
+8. If a magistrate fixes excessive bail, what may the accused person
+do in order to have it reduced?
+</p>
+
+<p>
+9. Name some cruel and unusual punishments?
+</p>
+
+<p>
+10. When was slavery in America abolished?
+</p>
+
+<p>
+11. What was a debtor's prison?
+</p>
+
+<p>
+12. How does America protect the poor? Can a debtor be put in prison
+for failing to pay ordinary debts?
+</p>
+
+<p>
+13. What is meant by <q>exemptions</q> in relation to property and debts?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Explain the injustice of requiring excessive bail?
+</p>
+
+<p>
+B. When a judge determines the amount of bail, what factors does he
+consider?
+</p>
+
+<p>
+C. What is the purpose of punishment?
+</p>
+
+<p>
+D. Discuss the movement for prison reform.
+</p>
+
+<p>
+E. What is the purpose of the bankruptcy law?
+</p>
+
+<p>
+F. Write a paper on:
+</p>
+
+<quote rend='display'>
+<p>Cruel and Unusual Punishments</p>
+<p>Punishment and Crime in the United States</p>
+<p>How America Protects the Poor Man</p>
+<p>The Reformatory Versus the Penitentiary</p>
+</quote>
+
+</div>
+
+<pb n='138'/><anchor id='Pg138'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XVIII. Equal Rights Of Citizens</head>
+<head type='sub'>All Citizens Entitled To Equal Privileges And Immunities&mdash;Right
+To Vote Not Abridged</head>
+
+<p>
+The great achievement in American government was the
+establishment of a Nation composed of independent and sovereign
+States. It was not an easy matter to bring all these
+States together as one government, so that there would be
+harmony and unity; but the framers of the Constitution succeeded
+in a wonderful way in adopting rules and regulations&mdash;the
+Constitution&mdash;which made this the most powerful
+and the most peaceful Nation in the world.<note place='foot'>James
+Bryce has written of our government: <q>The American
+Union is ... a state which, while one, is nevertheless composed of
+other states even more essential to its existence than it is to theirs.</q></note>
+</p>
+
+<p>
+Only once has there been any serious question between the
+States, and the Civil War settled that forever. Following the
+war, to bind the States more firmly together by the establishment
+of the rights of citizens of the various States, an amendment
+to the Constitution was adopted in 1868, by the people
+of the Nation, which is as follows:
+</p>
+
+<p>
+<q><hi rend='italic'>All persons born or naturalized in the United States, and
+subject to the jurisdiction thereof, are citizens of the United
+States and of the State wherein they reside. No State shall
+make or enforce any law which shall abridge the privileges
+or immunities of citizens of the United States; nor shall any
+State deprive any person of life, liberty, or property without
+due process of law; nor deny to any person within its jurisdiction
+the equal protection of the laws.</hi></q><note place='foot'><p>Constitution
+of the United States, Amendment XIV. Sec. 1.
+</p>
+<p>
+A person may attain to citizenship in the United States in any of
+seven different ways: 1. By birth&mdash;i.e. natural born. 2. By naturalization,
+which usually requires continuous residence for five years. 3. By
+treaty regulation. 4. By statute of Congress. 3. By annexation of
+territory. 6. By marriage&mdash;if a foreign woman marries an American
+citizen. 7. By honorable discharge from the army or navy, upon which
+the court admits to citizenship regardless of the time of residence in the
+United States.
+</p>
+<p>
+In the United States we recognize a dual citizenship&mdash;citizenship in
+the United States, and citizenship in a State. Any person who is a
+citizen of the United States is also a citizen of the State wherein he or
+she resides. Nine different States grant the right of suffrage and State
+citizenship to such foreigners as take out their first naturalization papers.
+These States are Alabama, Arkansas, Indiana, Kansas, Missouri, Nebraska,
+Oregon, South Dakota, and Texas.
+</p>
+<p>
+Citizenship must not be confused with the right of suffrage. Neither
+one necessarily includes the other. All citizens cannot vote&mdash;children
+for example. All voters are not necessarily citizens, those in the above
+nine States for example.
+</p>
+<p>
+Aliens in the United States have practically all the civil rights that
+are enjoyed by citizens, but they do not have political rights. An alien
+may purchase, own, and convey property. He may sue and be sued in
+the courts.
+</p>
+<p>
+<q>There can be no doubt that the minimum expectation of the framers
+of this amendment to the Constitution was that it would make the first
+eight amendments to the Constitution binding upon the states, as they
+already were upon the Federal Government, and that it should be susceptible
+not only of negative enforcement by the courts but also of
+direct positive enforcement by Congress.</q>&mdash;<hi rend='italic'>Cyclopedia of American Government</hi>,
+Vol. II, p. 41.</p></note>
+</p>
+
+<p>
+This portion of our Constitution establishes the citizenship
+of every person born or naturalized in the United States,
+and guarantees the rights of such citizens, not only in the
+State where he lives, but in any State. No State has the
+power, since the adoption of this amendment, to make or
+<pb n='139'/><anchor id='Pg139'/>
+enforce any law which shall abridge the privileges, rights,
+or immunities of citizens, no matter in what State they may
+make their home.
+</p>
+
+<p>
+By this amendment all States are prohibited from enacting
+any law, or permitting any procedure of their courts,
+which shall <q>deprive any person of life, liberty, or property,
+without due process of law</q>.
+</p>
+
+<p>
+You will recall that immediately after the adoption and
+approval of the original Constitution there were ten amendments
+adopted which became effective in 1791, in one of
+which it was provided that no person <q>shall be deprived of
+life, liberty or property, without due process of law</q>. This
+forever barred the United States government from depriving
+the humblest citizen of his life, his liberty, or his property,
+except through the regular processes of the law which we
+have heretofore considered; and by the amendment of 1868
+the same restriction was placed upon every State in the
+Union, thus completing the guaranty to every man, woman,
+and child, that life, liberty, and property would be safe and
+sacred. No power exists in the State or Nation by which life,
+liberty, or property may be interfered with, except through
+the tribunals established by the people themselves to hear and
+determine in a judicial way after proper notice with full opportunity
+to be heard in a public trial.
+</p>
+
+<p>
+No secret schemes can be devised which will interfere with
+the rights of the humblest citizen, no power can be created
+strong enough wrongfully to invade the right to life, liberty,
+and property. These guaranties, being written into the Constitution,
+will stand forever, unless the people by their own
+choice shall throw away these great guaranties and destroy
+these great blessings.
+</p>
+
+<p>
+Then following the Civil War, the people of America
+adopted the following as part of the Constitution of the
+United States:
+</p>
+
+<pb n='140'/><anchor id='Pg140'/>
+
+<p>
+<q><hi rend='italic'>The right of citizens of the United States to vote shall
+not be denied or abridged by the United States or by any
+State on account of race, color, or previous condition of servitude.</hi></q><note place='foot'>Constitution of the United States, Amendment XV.</note>
+</p>
+
+<p>
+You remember the Emancipation Proclamation by President
+Lincoln which struck the chains from the limbs of men
+and women and children who had been slaves for generations.
+They were human beings, though of the colored race.
+They were lifted from the position of slavery to the dignity
+of citizenship, and clothed with power to help in the government
+of their country by being given the privilege of going
+to the ballot box to vote. To establish this right and protect
+this privilege for all time, this amendment to the Constitution
+was adopted by the people of the United States. It
+was a bold thing to do, to clothe a subject race which had
+little opportunity for education with the rights of citizenship.
+No nation in the world ever before attempted such
+a wonderful and radical experiment; but the people of
+America, having real confidence in human beings, regardless
+of color, race, or creed, assumed the responsibility of
+admitting the former slaves as part of the power of government
+in this country.
+</p>
+
+<p>
+Of course you realize that the value of a citizen to his
+country, when it comes to voting and making laws, depends
+upon his knowledge of public affairs, and his confidence in
+his government; and therefore education is absolutely necessary
+to real service to one's country. That is one of the big
+objects of education&mdash;to qualify persons for full citizenship.<note place='foot'><p><q>By a series of decisions the most important of which were those
+in the Slaughter House cases (16 Wallace 36) and in the Civil Rights
+Cases (109 U.S. 3) the United States Supreme Court established the
+following principles: (1) that the prohibitions of the fourteenth amendment
+are addressed to the states as such and not to private individuals;
+(2) that these prohibitions contemplate only positive state acts and not
+acts of omission; (3) that the amendment recognizes a distinction between
+state citizenship and United States citizenship; (4) that it protects
+from state abridgement only <q>the privileges and immunities</q> which
+the Constitution by its other provisions bestows upon <q>citizens of the
+United States</q> as such.</q>&mdash;<hi rend='italic'>Cyclopedia of American Government</hi>, Vol. II,
+p. 41.
+</p>
+<p>
+The nineteenth amendment which is now ratified by the States, provides
+that <q>the right of citizens of the United States to vote shall not
+be denied or abridged by the United States or by any State on account
+of sex.</q>&mdash;Constitution of the United States, Amendment XIX.</p></note>
+</p>
+
+<p>
+Too many of us consider the right to vote simply as a privilege
+to help some neighbor to be elected to some public
+office. This view is all wrong. Our country is first, and we
+never should help a neighbor to be elected to an office
+unless that neighbor can help to make this a better government.<note place='foot'><q>The
+good citizen must in the first place, recognize what he owes
+his fellow citizens. If he is worthy to live in a free republic he must
+keep before his eyes his duty to the nation of which he forms a part. He
+must keep himself informed, and he must think of himself as well as of
+the great questions of the day; and he must know how to express his
+thoughts.</q>&mdash;Theodore Roosevelt.</note>
+</p>
+
+<pb n='141'/><anchor id='Pg141'/>
+
+<p>
+When we elect any one, we are selecting a servant to represent
+us, to act for us. Therefore great care should be exercised
+in selection. We must inquire not only whether the
+person is good and virtuous, but also whether the person is
+useful, and has right ideas about public service.<note place='foot'>In
+receiving applications for the many appointments which it was
+his duty to make, President Taylor said: <q>I shall make honesty, capacity
+and fidelity indispensable requisites to the bestowal of office; and the
+absence of any one of these qualities shall be deemed sufficient cause for
+removal.</q></note>
+</p>
+
+<p>
+If congressmen, judges, legislators, mayors, or other public
+servants are not honestly or truly representing the people,
+if they are not carrying out the will of the people in their
+official actions, this simply proves that the people have not
+selected the right kind of men to represent them. There
+are honest men; there are men who are tried and loyal and
+patriotic. They are our neighbors. We have the choice of
+selecting them if we want to. <emph>The truth is</emph> that nearly all
+public officers are honest and patriotic. The truth is that
+as a rule they try to do what the people want. But <emph>the truth
+is</emph> that the majority of the American people take so little
+interest in public affairs that they make no effort to have
+their servants in public life know what they do want. People
+are ready to criticise if a mistake is made, but they will do
+little to help avoid mistakes.
+</p>
+
+<p>
+I'll tell you what I would like to see. I'd like to see this
+assembly room in this school filled one night each week with
+children and men and women, with parents and teachers. It
+would be a real community meeting to talk over community,
+State, and National matters. I would like to see such a meeting
+in every school in this city, in this State, and in the
+Nation. I wish someone would start a movement to have
+the movies closed one evening each week, so that the people
+might have at least one night to give some little consideration
+to the serious problems of life. <q>Eternal vigilance is the
+price of liberty.</q> Vigilance means watchfulness, care, and
+thought. Every man, woman, and child in America should
+watch and pray that our liberties so dearly bought with the
+life blood of heroes should not be taken away.
+</p>
+
+<pb n='143'/><anchor id='Pg143'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Show how the United States gave citizens of the different States
+equal rights.
+</p>
+
+<p>
+2. Who can vote in the United States? Who are citizens of the
+United States?
+</p>
+
+<p>
+3. Is the power to vote simply a privilege?
+</p>
+
+<p>
+4. Why is it that our representatives sometimes do not truly represent
+us?
+</p>
+
+<p>
+5. How can we interest people in voting?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Show how it is important that people should have equal rights in
+the various States.
+</p>
+
+<p>
+B. Give some illustrations of the variations from State to State of
+certain local laws, such as automobile laws, etc.
+</p>
+
+<p>
+C. If the law of New York limits the speed of an automobile to 25
+miles per hour and the law of Massachusetts limits the speed to
+20 miles per hour, can a citizen of New York travelling in Massachusetts
+legally operate his car at 25 miles per hour? Under like
+circumstances can a citizen of Massachusetts while in New York
+operate his car at 25 miles per hour?
+</p>
+
+<p>
+D. Show in detail the dangers of not voting.
+</p>
+
+<p>
+E. How may a person obtain citizenship?
+</p>
+
+<p>
+F. What has education to do with citizenship or voting?
+</p>
+
+<p>
+G. Should you vote for a neighbor simply out of friendship? What
+should be taken into consideration?
+</p>
+
+<p>
+H. Discuss Roosevelt's definition of a good citizen given in Note 5.
+</p>
+
+<p>
+I. Outline a proper program for a community meeting.
+</p>
+
+<p>
+J. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>The Privileges of the Citizen</p>
+<p>The Danger of Not Voting</p>
+<p>The Ballot&mdash;An Obligation Not a Privilege</p>
+<p>How to Become a Naturalized Citizen</p>
+<p>Voting and other Duties of Citizenship</p>
+</quote>
+
+</div>
+
+<pb n='144'/><anchor id='Pg144'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XIX. Writ Of Habeas Corpus</head>
+<head type='sub'>The Privilege Of The Writ Of Habeas Corpus Not To
+Be Suspended Except In War</head>
+
+<p>
+Here is something in our Constitution which I suppose you
+have read, but which you probably do not understand. That
+is, you probably do not understand its real value, not to somebody
+else, but to yourselves, because all of these provisions of
+the Constitution are for each one of us.
+</p>
+
+<p>
+We may go along through life, never being placed in a
+position where we will have to call upon the Constitution to
+defend us. Most of our people are peaceful and just, and
+it isn't often that the rights of innocent persons are attacked
+or invaded. It isn't often that an innocent man is arrested
+for a crime, and yet such a thing may occur any day to any
+one of us. You may rest assured that such things do not
+occur as often as they would if the Constitution did not stand
+as a barrier to protect innocent persons. These great constitutional
+guaranties are not only valuable when we want
+to assert our rights, but they are valuable as a restraint upon
+wrongdoers.<note place='foot'><p><q>The
+American Constitution is the most wonderful work ever struck
+off at a given moment by the brain and purpose of man.</q>&mdash;William E.
+Gladstone.
+</p>
+<p>
+<q>It will be the wonder and admiration of all future generations and
+the model of all future constitutions.</q>&mdash;William Pitt.
+</p>
+<p>
+<q>Our fathers by an almost divine prescience, struck the golden mean,</q>
+when they made the Constitution.&mdash;Pomeroy.
+</p>
+<p>
+<q>It (The U. S. Constitution) ranks above every other written constitution
+for the intrinsic excellence of its scheme, its adaptation to the circumstances
+of the people, the simplicity, brevity and precision of its language, its judicious mixture of definition in principle with elasticity in
+details.</q>&mdash;James Bryce.</p></note>
+</p>
+
+<p>
+Now here is this provision:
+</p>
+
+<p>
+<q><hi rend='italic'>The Privilege of the Writ of Habeas Corpus shall not be
+suspended, unless when in Cases of Rebellion or Invasion the
+public Safety may require it.</hi></q><note place='foot'><q>This
+is the most famous writ in the law; and, having for many
+centuries been employed to remove illegal restraint upon personal liberty,
+no matter by what power imposed, it is often called the great writ of
+liberty.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol. I, p. 917.</note>
+</p>
+
+<p>
+What is a <q>writ of habeas corpus</q>? <q>Habeas Corpus</q> is a
+Latin phrase, which in English means <q>you may have the
+body</q>. A writ of habeas corpus is a writ directed to the person
+detaining another, or holding him in prison, commanding
+him to produce the prisoner at a certain time and place
+before a court or judge, so that the right of imprisonment or
+<pb n='145'/><anchor id='Pg145'/>
+restraint may be inquired into. It is an ancient writ, recognized
+as far back in English jurisprudence as 1679. It was
+used against the king in the reign of Henry VII, and on
+through the later years. It was recognized from time to time,
+sometimes entirely denied, and again given force.
+</p>
+
+<p>
+But as applied to you and to me, what does it signify?
+Suppose on your way home this evening, some person should
+seize you and force you to go to jail, and lock you up. No
+charge is made against you. You are innocent of any offense.
+You sit there in the cell wondering what it all means. You
+cannot even communicate with your parents or friends. The
+jail is built of stone, the iron bars are strong, and you are
+helpless.
+</p>
+
+<p>
+Well, in the olden days, many a man and woman had
+such experiences, and many a man and many a woman lay
+in jail for long periods without any charge, or any trial,
+deprived of liberty, utterly powerless.
+</p>
+
+<p>
+Now as I said, suppose you were in jail to-night&mdash;not even
+permitted to communicate with a friend or with a lawyer,
+and your father found out where you were. He could not
+go and break down the prison walls. He could not even talk
+to you; but if he were familiar with the Constitution of the
+United States and of his State&mdash;because there is a like provision
+in the Constitutions of all States&mdash;if your father understood
+his constitutional rights, he would at once apply to
+some court or judge for a writ of habeas corpus. It would be
+a simple matter. He would set out in writing the facts,
+simply the story that you were seized and were imprisoned
+wrongfully, and he would ask that a writ of habeas corpus
+issue, and this request, no court or judge can deny. He
+would promptly issue the writ, which would be in writing
+directed to the person keeping you in jail, or the keeper of
+the jail, or some one who was aiding in keeping you in jail,
+and this writ would command such person to have you
+<pb n='146'/><anchor id='Pg146'/>
+brought before the court at once, <q>commanding him to
+produce the body of the prisoner at a certain time and place</q>.
+You would be brought there, and the person having you in
+jail would have to show cause for such conduct. Unless legal
+cause were shown, the judge would promptly discharge you,
+and the person who had committed the wrong against you
+would probably receive proper punishment, after a trial, for
+his wrongful act.
+</p>
+
+<p>
+Now there were long periods of time in England when
+the right to a writ of habeas corpus was suspended, during
+which time a person wrongfully in prison had no relief and
+no remedy, when helpless men and women starved and died.
+So when the Constitution was adopted, the people of America
+were careful to see that the following guaranty was written
+therein:
+</p>
+
+<p>
+<q><hi rend='italic'>The Privilege of the Writ of Habeas Corpus shall not be
+suspended</hi></q>.<note place='foot'><p>In 1861 Chief
+Justice Taney decided in the United States Circuit
+Court of Maryland that Congress alone possessed the power under the Constitution
+to suspend the writ.&mdash;<hi rend='italic'>American Law Register</hi>, 524.
+</p>
+<p>
+The privilege of the writ is, however, necessarily suspended whenever
+martial law is declared in force; for martial law suspends all civil
+process.
+</p>
+<p>
+<q>As a recognized legal remedy, resort to the proceeding by habeas
+corpus may be had where a person is imprisoned under pretended legal
+authority which in fact for any reason is absolutely void, as where the
+warrant of arrest or commitment is insufficient or the proceeding under
+which the warrant was issued was without legal authority.</q>
+</p>
+
+<p>
+<q>A state court or judge cannot inquire by habeas corpus into the
+validity of arrest or detention of a person under federal authority. The
+right to redress in such cases, if any, must be sought in the Federal
+courts. But on the other hand Federal courts and judges may inquire
+into the cause of the restraint of liberty of any person by a state when
+the justification of Federal authority or immunity is set up for the
+act complained of.</q>&mdash;<hi rend='italic'>Cyclopedia of American Government</hi>, Vol. II, p.
+106.</p></note>
+</p>
+
+<p>
+Under our Constitution this may be done only <q>in case of
+rebellion or invasion</q> when <q>public safety may require it</q>.
+For instance, in the World War, which you all remember,
+some dangerous person, some traitor, might have been arrested
+by the military authorities and detained in custody,
+and he could not be discharged upon a writ of habeas corpus,
+because a state of war existed, and public safety required that
+he be held. Of course in times of war persons engaged in
+the military service are not entitled to a trial in a civil court
+for their offense. They are tried for military offenses by
+court martial. That is a military court, where the judges
+are military officers, ordered by their superiors to sit and
+hear the evidence. There is not much formality. In
+grave offenses prompt action is necessary. Spies are caught,
+the courts organized, the evidence taken, a finding of guilty
+made, and the party shot, all perhaps within twenty-four
+hours. These are the necessary awful consequences of war.
+<pb n='147'/><anchor id='Pg147'/>
+But can't you see now what a sense of security this little
+provision of our Constitution ought to bring to each one
+of us? We always know that in case of our wrongful arrest,
+a writ of habeas corpus will bring us before some court
+where we may have prompt inquiry into the reasons for
+invading our right to liberty, and prompt order for discharge
+if the arrest is not justified.
+</p>
+
+<p>
+This writ issues not only in behalf of persons confined
+in jails and prisons, but also in every case where one is
+held by force against his will by another person, because
+this is a free country, and no man, whether a private citizen
+or public officer, has any power to restrain another against
+his will, unless such restraint is under legal proceedings
+with all the safeguards of the Constitution.
+</p>
+
+<p>
+I remember a case when unfortunately a father and
+mother were separated and divorced. Their little boy was
+left with his mother. The judge decided that the father
+was a bad man and that he was not worthy to have charge
+of his son.
+</p>
+
+<p>
+A few months later that father went to the house where
+the mother and boy lived, watched behind the hedge until
+the little boy was at play in the yard, when he seized him,
+jumped in an automobile which was waiting for him in the
+woods, and drove away at great speed. He took the boy to
+a boarding school in a neighboring State, telling the principal
+of the school that he wanted the boy safely kept until
+he should return from Europe. After many days the
+sheriff with the aid of detectives found where the boy was.
+The mother came to the school. Of course she was filled
+with joy when she saw her son. She thought that she could
+take him away with her at once, but the principal would not
+consent. He said that he had no knowledge of whether or
+not she was the boy's mother; that she had no right to take
+him away; and that his duty was to return the boy to
+<pb n='148'/><anchor id='Pg148'/>
+the man who had left him in the school. The appeal of
+the mother and the tears of the boy were in vain.
+</p>
+
+<p>
+At last she had to leave the boy. She at once consulted
+a lawyer. He prepared a written application asking that a
+writ of habeas corpus be issued, commanding the principal
+of the school to bring the boy before the judge, that the
+judge might hear the evidence, and make an order releasing
+the boy from the school and placing him in the charge of
+his mother. The writ was issued by the judge. An officer
+went to the school, read the writ to the principal, who
+promptly brought the boy to the court room.
+</p>
+
+<p>
+There the judge heard the story of the mother and the
+simple tale of the little boy, he examined certified copies of
+the order of the court awarding the custody of the boy to
+his mother, which the sheriff had procured, and then he
+very promptly ordered the principal of the school to give the
+boy to his mother. The principal was of course glad to do so,
+when he found that the father had done wrong.
+</p>
+
+<p>
+This is only one of hundreds of cases where the writ of
+habeas corpus releases someone from wrongful confinement.
+Such wrongful confinement may be in a school or in a home
+or in a jail or in a dungeon or in a dark cellar. No matter
+where, the writ of habeas corpus does not stop at locked
+doors or barred windows or stone walls. An officer with such
+a writ can break and enter if necessary. No obstacle can be
+allowed wrongfully to deprive an American citizen of his
+liberty.
+</p>
+
+<pb n='149'/><anchor id='Pg149'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. What is a writ of habeas corpus?
+</p>
+
+<p>
+2. What does <q>habeas corpus</q> mean?
+</p>
+
+<p>
+3. When was it recognized in England?
+</p>
+
+<p>
+4. When may it be suspended in America?
+</p>
+
+<p>
+5. Just what does it mean to the average citizen?
+</p>
+
+<p>
+6. Can you think of a time when it might be valuable to you?
+</p>
+
+<p>
+7. What is martial law?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Just when is a writ of habeas corpus likely to prove valuable?
+</p>
+
+<p>
+B. Why is it called <q>the most famous writ of the law</q>?
+</p>
+
+<p>
+C. Show how it affects the poor man.
+</p>
+
+<p>
+D. Show how it makes for democracy.
+</p>
+
+<p>
+E. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>
+Abuses Found Before the Writ of Habeas Corpus Was Recognized
+</p>
+<p>
+Cases Where It was Used Locally
+</p>
+
+<p>
+The Experience of the Arrest of an Innocent Man Who Was
+Unable to Furnish Bail
+</p>
+
+<p>
+A Court Martial
+</p>
+</quote>
+
+</div>
+
+<pb n='150'/><anchor id='Pg150'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XX. Other Prohibited Laws</head>
+<head type='sub'>No Bill Of Attainder Or Ex Post Facto Law May Be
+Passed By Congress</head>
+
+<p>
+This morning I have something else for you which you
+probably do not understand, something that you can hardly
+imagine would interest you personally; but as I have often
+repeated, always bear in mind that every single clause of
+the Constitution is made for each and every one of us, no
+matter what position we may have in life.
+</p>
+
+<p>
+The framers of the Constitution said:
+</p>
+
+<p>
+<q><hi rend='italic'>No Bill of Attainder or ex post facto Law shall be
+passed.</hi></q><note place='foot'><p>Constitution of the United States, Art. I, Sec. 9, Cl. 3.
+</p>
+<p>
+<q>The effect of attainder upon a felon is, in general terms, that all
+his estate, real and personal, is forfeited; that his blood is corrupted,
+and so nothing passes by inheritance to, from or through him.</q>
+</p>
+<p>
+<q>In the United States the doctrine of attainder is now scarcely known,
+although during and shortly after the Revolution acts of attainder were
+passed by several of the states. The passage of such bills is expressly
+forbidden by the Constitution.</q>&mdash;Bouvier's <hi rend='italic'>Law Dictionary</hi>, Vol. I, p.
+190.
+</p>
+<p>
+<q>A bill of attainder, as thought of in the United States to-day, would
+be such law as permitted a person charged with the commission of a
+crime, to be tried and found guilty and sentenced without being present
+at the trial.</q> It is one of the rules of procedure in court to-day that
+in all criminal cases the person charged with crime must be present
+during the entire trial. Another fundamental judicial fact is that all
+criminal punishment terminates with the death of the person found
+guilty; his children are exempt.</p></note>
+</p>
+
+<p>
+What does <q>attainder</q> mean? It means the extinction of
+civil rights and capacities and powers, which under the law
+in the olden times took place whenever a person was convicted
+of treason, or of a crime for which the death sentence
+was imposed. It means that all the estate of the convicted person,
+all his land, money, or other property, was forfeited to
+the government; so that upon his death nothing passed by inheritance
+to his heirs. As it was expressed, his blood was
+<q>corrupted</q>. He could not sue in a court of justice. He
+was helpless to defend any right of himself or his family.
+</p>
+
+<p>
+By <q>bills of attainder</q>, which were legislative acts imposing
+that penalty on the accused without giving him any
+hearing in a court, many persons were deprived of their
+rights and their possessions in the centuries which have gone
+by, in order that such rights and such possessions might go to
+some favorite of the government. Of course no one would
+have much sympathy for a person who might be actually
+guilty of treason, or guilty of a great crime which involved
+a death penalty; but in the olden days innocent men were
+<pb n='151'/><anchor id='Pg151'/>
+often charged with treason and punished. Conspiracies were
+formed to get rid of certain individuals who might be an
+obstacle to the achievement of base ambitions.
+</p>
+
+<p>
+The abuses arising out of the imposition of attainder became
+so grave that in the time of Queen Victoria a statute
+was passed in England abolishing the extreme penalties
+which followed it.
+</p>
+
+<p>
+In some of the colonies in this country, before the Constitution
+was adopted, acts of attainder were passed and
+enforced; but when the Constitution was finally adopted, bills
+of attainder were forever barred.
+</p>
+
+<p>
+Don't you see the spirit of charity which is manifest in
+this, just as in the entire Constitution, charity even for
+wrongdoers, charity for the weaknesses of men? Wrongdoers
+of course must be punished, yet the Constitution wipes
+out harsh and brutal methods which were common in
+the days before America came into being.
+</p>
+
+<p>
+No <q>ex post facto law</q> shall be passed. <emph>What does that
+mean?</emph><note place='foot'><p><q>An ex-post-facto
+law is a law which in its operation makes an
+act criminal which was not criminal at the time the act was committed,
+or provides a more severe punishment for criminal acts already committed,
+or changes the rules of procedure so as to make it more difficult
+for one accused of crime to defend in a prosecution of such crime.</q> <q>The
+prohibition relates to retroactive criminal statutes providing a punishment
+for an act previously committed or increasing the punishment making
+it more difficult for the accused to defend, but not to retroactive laws,
+even though criminal, which mitigate the punishment or merely change
+or regulate the procedure without imposing any additional substantial
+burden on the accused in making his defense.</q>&mdash;<hi rend='italic'>Cyclopedia of American
+Government</hi>, Vol. I, p. 700.
+</p>
+<p>
+We should keep in mind that both <q>bills of attainder</q> and <q>ex post
+facto</q> laws have only to do with crimes and their punishment. These
+laws do not relate to civil matters.</p></note> If a person does an act,
+which at the time of the
+doing of the act is not a criminal offense, the Congress of
+the United States, with all its power, cannot make that act,
+innocent when done, a crime. Yet this used to be done in
+the old days. You can imagine how in those days a brutal
+government being desirous of getting rid of some objectionable
+person, but desiring to have its acts appear legal, might
+find that he had done some act which was not punishable
+under the law; but through a corrupt legislative body, it
+might so legislate as to make the act a criminal offense, and
+thus have the person tried and convicted.
+</p>
+
+<p>
+A person might commit an offense for which there was
+a moderate punishment; and the legislature might, after
+the commission of the crime, but before he was tried, increase
+the penalty. For instance, if there were a penalty
+of two years imprisonment for stealing a horse, and some
+<pb n='152'/><anchor id='Pg152'/>
+neighbor was guilty of stealing a horse, thus leaving himself,
+when convicted, subject to two years imprisonment, all
+the powers of the United States government, all the powers
+of Congress, all the wonderful power of the people of the
+country could not change the penalty, could not, for instance,
+amend the law so as to provide a five year penalty
+instead of two, so as to affect this neighbor who had stolen
+the horse before this time. He could, if convicted, be sentenced
+to two years, but no more.
+</p>
+
+<p>
+You may think that those who adopted the Constitution
+must have been suspicious of Congress, or the people in
+thus carefully preventing wrongs against individuals accused
+of a crime&mdash;yes, individuals who had actually committed
+a crime; but you can readily understand why they
+were so careful. The conduct of the governments of the
+world had been such before that day that suspicion was justified.
+The Constitution was made for the individual&mdash;for
+men, women, and children&mdash;to guard their rights against the
+abuse of power; and in fact most of the wrongs of the world
+have had their origin in the abuse of power. The Constitution
+guards the humblest person against abuse of the power
+granted to the government, as well as against the wrongs of
+our neighbors.
+</p>
+
+<p>
+The people in this country have great power&mdash;absolute
+power. This power may be expressed in laws enacted by Congress
+or by the legislatures of the States, except in those
+things which the people themselves in the Constitution of
+the United States, and in the Constitutions of the different
+States, have placed beyond even their own power.
+</p>
+
+<p>
+Of course these provisions of the Constitution, as all provisions
+of the Constitution, may be changed by the people,
+but not by a mere majority of the people. These constitutional
+provisions relate to sacred rights, and they may not
+be changed except upon mature deliberation, and by a vote
+<pb n='153'/><anchor id='Pg153'/>
+which represents the sentiment of at least a majority of the
+people of three-fourths of the States.
+</p>
+
+<p>
+So I hope you can realize that when the framers of the
+Constitution prohibited bills of attainder, and prohibited the
+enactment of the ex post facto laws, they were doing something
+for the people of this country. They had the rights of
+the people in mind&mdash;the rights of the humble and perhaps
+unknown, as well as the rights of those in high places. I
+do not expect you to study the details of these provisions of
+the Constitution relating to bills of attainder and ex post
+facto laws. You will probably never have to enforce these
+rights which are given to you under the Constitution. I
+hope you will not; but the important thing which I always
+want you to bear in mind is, that these guaranties of the Constitution
+are in existence and that they confer upon you
+certain powers which may be asserted to protect your liberty
+if occasion should ever arise.
+</p>
+
+<p>
+I am sure you realize that at the beginning of the life
+of the American Nation, extreme care was exercised by those
+who framed the Constitution, to guard the people at every
+point against injustice and wrong, whether exercised by private
+individuals or by public officials.
+</p>
+
+<p>
+Understanding these things&mdash;feeling these things, will
+give you a new sense of power, of pride, and of duty, as citizens
+of this great Nation.
+</p>
+
+<pb n='154'/><anchor id='Pg154'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. What does attainder mean?
+</p>
+
+<p>
+2. What was the effect of a bill of attainder on the family of a man
+who was convicted?
+</p>
+
+<p>
+3. Why does the abolition of attainder show the charity of the founders
+of the Constitution?
+</p>
+
+<p>
+4. What is an ex post facto law?
+</p>
+
+<p>
+5. How would this kind of a law be unjust?
+</p>
+
+<p>
+6. How could a strong, powerful, and dishonest man work injustice
+by means of such a law?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Show how attainder worked in England in the early days.
+</p>
+
+<p>
+B. What were the abuses found under such a law?
+</p>
+
+<p>
+C. Show how its abolition made for democracy.
+</p>
+
+<p>
+D. Show how the abolition of ex post facto laws made for democracy.
+</p>
+
+<p>
+E. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>The Injustice of Attainder</p>
+<p>The Injustice of an Ex Post Facto Law</p>
+</quote>
+
+</div>
+
+<pb n='155'/><anchor id='Pg155'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XXI. Titles, Gifts, Treason</head>
+<head type='sub'>Prohibition Of Titles And Foreign Gifts&mdash;Treason,
+Its Trial And Punishment</head>
+
+<p>
+America is a democracy. It was the plan from the beginning
+that it always should be a democracy. The human
+race had suffered much from royalty, from kings and emperors,
+and queens and princes. Human nature is weak.
+We are all more or less attracted by people with titles. Story
+books which we read in childhood exalt the <q>lords</q> and
+<q>ladies</q> and <q>princes</q>, and I regret to say that the history
+of lords and ladies and princes does not always justify
+the pictures which our story books would paint for us.
+</p>
+
+<p>
+The men who framed the Constitution had just finished a
+life and death struggle with royalty&mdash;a struggle between the
+people and a king, and the people had won. They were determined
+that the blighting influence of royal power should
+never again find a place on American soil. Therefore they
+put into the Constitution:
+</p>
+
+<p>
+<q><hi rend='italic'>No Title of Nobility shall be granted by the United States:
+And no Person holding any Office of Profit or Trust under
+them, shall, without the Consent of the Congress, accept of
+any present, Emolument, Office, or Title, of any kind whatever,
+from any King, Prince, or foreign State.</hi></q><note place='foot'><p>Constitution
+of the United States, Art. I, Sec. 8.
+</p>
+<p>
+Titles of nobility as recognized in many European countries include
+the following: duke, earl, marquis, viscount, and baron. These titles
+were in part hereditary and in part acquired. They always conferred
+special privileges both in rank and in political preferment. Such titles
+cannot exist in a democracy because they in their very nature destroy
+equality before the law, and that is the fundamental principle of democratic
+government.
+</p>
+<p>
+<q>The provisions prohibiting the granting of titles of nobility are designed,
+no doubt, first to preserve equality before the law, and second,
+to secure in perpetuity a republican form of government. Such provisions
+are not essential to theoretical equality before the law, for such
+equality is fundamental in the law of England notwithstanding the existence
+of titles of nobility. But the framers of the Constitution evidently
+contemplated a form of government in which there should be no
+special privileges conferred by rank or title. The additional provision
+in the Federal Constitution prohibiting the acceptance by any person
+holding any office of profit or trust under the United States of any
+present, emolument, office or title from any foreign sovereign or power
+without the consent of Congress, was probably intended to prevent the
+exercise of foreign influence in governmental affairs. These articles in
+the Constitution are substantially borrowed from the Articles of Confederation.</q>&mdash;Emlin
+McClain, quoted in the <hi rend='italic'>Cyclopedia of American
+Government</hi>, Vol. II, p. 58.</p></note>
+</p>
+
+<p>
+Never before in the history of the world was such a bold
+thing done. These words reflect the spirit of the Revolution.
+They mark the turning point in the history of human
+governments. They proclaim the final establishment of
+the government by the people&mdash;the first real government by
+the people that the world ever knew.
+</p>
+
+<pb n='156'/><anchor id='Pg156'/>
+
+<p>
+I wonder if those who criticise the government of America
+who complain that in this country the people have no chance,
+ever read these glowing words of our Constitution. It isn't
+so much the words, but the spirit in which they were made
+a part of our Constitution, the spirit in which the young
+Nation proclaimed to the world eternal separation from
+kingly power.
+</p>
+
+<p>
+I find all through the Constitution an expression of grim
+determination to fortify the Nation against any influence
+which would weaken the supreme power of the people, which
+would in any way interfere with the plan to make this a
+government by the people.
+</p>
+
+<p>
+In many provisions of our Constitution we find expressions
+which show how humane America is.
+</p>
+
+<p>
+<emph>We hate treason.</emph> In fact there is no crime so dark, so
+awful, as treason. But in the history of the world, treason
+has meant many things, and unfortunately treason has
+been made not only the instrument of those who sought the
+destruction of the governments, but it has sometimes been
+made the instrument of tyrants in suppressing the rights,
+and in crushing the hopes of the people. It all depends on
+what is meant by treason.
+</p>
+
+<p>
+In the olden days we find men charged with treason when
+the offense was in fact very slight&mdash;perhaps a just resistance
+to the king, perhaps merely an assertion of natural human
+right against the king.
+</p>
+
+<p>
+The government of the United States being intended to
+protect the liberties of the people, the Constitution put a
+bar against prosecution for treason, except where the accused
+was actually an enemy of his country, endeavoring to
+aid in the destruction of his country. We are here told what
+treason is:
+</p>
+
+<p>
+<q rend='pre'><hi rend='italic'>Treason against the United States, shall consist only in
+<pb n='157'/><anchor id='Pg157'/>
+levying War against them, or in adhering to their Enemies,
+giving them Aid and Comfort. No person shall be convicted
+of Treason unless on the Testimony of two Witnesses to the
+same overt Act, or on Confession in open Court.</hi></q>
+</p>
+
+<p>
+<q><hi rend='italic'>The Congress shall have power to declare the Punishment
+of Treason, but no Attainder of Treason shall work Corruption
+of Blood, or Forfeiture except during the Life of the
+Person Attainted</hi>.</q><note place='foot'><p>Constitution
+of the United States, Art. III, Sec. 3, Cl. 1.
+</p>
+<p>
+Treason is defined in this article of the Constitution and therefore
+Congress cannot define it in any other manner. Many people use the
+word <q>treason</q> very loosely. They often speak of a person committing
+treason when the act committed is not treasonable at all, but is some
+less severe crime. Treason consists only in levying war against the
+United States or in giving aid or comfort to enemies of the United
+States.
+</p>
+<p>
+The meaning of <q>two witnesses to the same overt act</q> is that the
+Constitution requires that two persons will appear in court and swear to
+the fact that they personally saw the act committed. <q>Overt act</q> means
+<q>openly committed act</q>. Chief Justice John Marshall knew that in
+the trial of Aaron Burr it would be impossible to get two persons to
+swear to having seen Burr commit the conspiracy, so he took advantage
+of the technicality in the indictment and threw the case out of court.
+This trial was held at Richmond, Virginia.
+</p>
+<p>
+<q>Confession in open court</q> is about the only instance in which such
+confession will convict a person charged with committing a crime. As
+a rule a person's own confession will not be accepted as evidence against
+him, in criminal prosecutions, because few confessions are made without
+some threat or inducement and under the guaranty (p. 99) that a
+person cannot be compelled to be a witness against himself they are excluded.</p></note>
+</p>
+
+<p>
+We see all through the Constitution a splendid spirit of
+justice, and a spirit of charity, even toward the guilty. By
+this article of the Constitution, not only is treason defined,
+but any conviction of a person for treason must be upon the
+testimony of at least two witnesses to the same act, or upon
+a confession in open court.
+</p>
+
+<p>
+The innocent must not be punished; and the guilty, when
+convicted, shall alone bear the punishment. Treason being
+such a grave offense, Congress may, if it so desires, provide
+very severe penalties, but it cannot attaint the blood, so that
+the children or the grandchildren of the guilty person shall
+suffer as in the olden days; nor shall the right of forfeiture of
+property obtain, except during the life of the person guilty
+of treason.
+</p>
+
+<p>
+No one objects to any penalty, however severe, where treason
+is proved, but it is contrary to the spirit of America to
+brand the innocent descendants of one who is guilty of a
+crime. Of course the children of the guilty will always bear
+a certain degree of reproach from their fellowmen, but it is
+not fair that they should be visited with penalties for an
+offense which they themselves never committed. It is the
+spirit of America that each person shall enjoy any position
+in life which he may win by merit and honest endeavor, and
+no obstacle should be placed in his way by the wrong of an
+unfortunate ancestor.
+</p>
+
+<pb n='158'/><anchor id='Pg158'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. America is a democracy. Why does this mean so much?
+</p>
+
+<p>
+2. What does that phrase bring to mind?
+</p>
+
+<p>
+3. Why did we abolish all titles of nobility?
+</p>
+
+<p>
+4. What is treason?
+</p>
+
+<p>
+5. Why is it limited so carefully?
+</p>
+
+<pb n='159'/><anchor id='Pg159'/>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What was the real purpose of abolishing all titles of nobility?
+</p>
+
+<p>
+B. Why did the founders of the Constitution refuse to permit our representatives
+to accept gifts from abroad?
+</p>
+
+<p>
+C. What acts are treason to-day?
+</p>
+
+<p>
+D. Show how these provisions make for democracy?
+</p>
+
+<p>
+E. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>An Illustration of an Act of Treason During the World War</p>
+<p>How A Person May Obtain a Responsible Position in Life</p>
+<p>Laws Which Retard Advancement in Life</p>
+</quote>
+
+</div>
+
+<pb n='160'/><anchor id='Pg160'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XXII. Jury, Except In Impeachment</head>
+<head type='sub'>Criminal Trials, Except Impeachment, To Be By Jury&mdash;Equal
+Rights&mdash;No Religious Test For Office</head>
+
+<p>
+There are still three articles of the Constitution containing
+personal guaranties but the substance of these articles has
+been considered in connection with other articles already discussed.
+They are the following:
+</p>
+
+<p>
+<q><hi rend='italic'>The trial of all Crimes, except in Cases of Impeachment,
+shall be by Jury, and such Trial shall be held in the State
+where the said crimes shall have been committed; but when
+not committed within any State, the Trial shall be at such
+Place or Places as the Congress may by Law have directed.</hi></q><note place='foot'><p>Constitution of the United States, Art. III, Sec. 2, Cl. 3.
+</p>
+<p>
+Impeachment is the manner of trial fixed by the Constitution for the
+trial and removal of Federal officers who are accused of treason, bribery,
+and other high crimes and misdemeanors. Congress alone has the power
+of conducting an impeachment of Federal officers. The legislature of a
+State has the power of impeaching State officers. Impeachment, as the
+word is commonly used, includes both accusation and trial. The <q>Impeachment</q>
+or accusation is brought by a two-thirds vote of the lower
+house, and the trial and conviction or acquittal is carried on by the
+upper house. Andrew Johnson, President of the United States, was impeached&mdash;i.e.
+he was formally accused, but he was acquitted in his trial
+in the Senate. Conviction in an impeachment proceeding causes an
+officer to be removed from office and disqualified from ever holding any
+office of honor or trust under the government again. A person may
+be convicted and not given the full penalty. He may be only removed
+from office, but not disqualified from again holding office.
+</p>
+<p>
+It is possible that a crime may be committed on a river that forms
+State boundaries. Where a river forms a boundary the middle of the
+main channel is made the boundary line. It is often difficult to determine
+on which side of the line the crime was committed, and both States
+may then claim to have jurisdiction over the case. This must be decided
+as any other fact in the case.
+</p>
+<p>
+The manner of the trial in use, before jury trial was established, was
+by ordeal or by battle. In trial either by ordeal or by battle the issue
+was left to God to decide and He was thought to perform a miracle to
+reveal the guilt or innocence of the accused person. One form of ordeal
+was to compel the accused to plunge his arm into boiling water and if
+innocent the Lord would protect him from being scalded. Another form
+of ordeal was to compel the accused to walk barefoot over hot plow shares.
+If innocent the Lord would again protect his feet from being burned.
+</p>
+<p>
+The first form of jury to displace the old ordeal or battle as a means
+of deciding guilt or innocence was the <q>compurgators</q> or <q>oath bearers</q>.
+They comprised a group of men who would appear before the court and
+give oath that the accused was not a bad man and had committed no
+crime. They did not investigate the accusation, they only testified to the
+good character of the accused. If a man accused could not produce
+compurgators, he must undergo the ordeal. The duty of these oath
+bearers gradually became more extended until they became investigators,
+and finally became a grand jury.</p></note>
+</p>
+
+<p>
+<q><hi rend='italic'>The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.</hi></q><note place='foot'><p>Constitution of the United States, Art. IV, Sec. 2, Cl. 1.
+</p>
+<p>
+<q>The right of a citizen of one state to pass through, or to reside in,
+any other state, for purposes of trade, agriculture, professional pursuits,
+or otherwise; to claim the benefit of habeas corpus; to institute and maintain
+actions of any kind in the courts of the state; to take, hold and dispose
+of property, either real or personal; and an exemption from higher
+taxes or impositions than are paid by the other citizens of the state;
+may be mentioned as some of the particular privileges and immunities of
+citizens, which are clearly embraced by the description</q>&mdash;Corfield vs.
+Coryell, <hi rend='italic'>Washington C. C. Rep. 380</hi>.</p></note>
+</p>
+
+<p>
+<q><hi rend='italic'>No religious Test shall ever be required as a Qualification
+to any Office or public Trust under the United States.</hi></q><note place='foot'><p>Constitution of the United States, Art. 6, Cl. 3.
+</p>
+<p>
+While no religious test of any kind may ever be required from any
+officer of the United States as a condition of his being elected, or holding
+office, public sentiment nevertheless favors Christian character among
+the people. If a candidate for office were an atheist and made public
+confession as to his lack of belief in God, it would doubtless mitigate
+against his election.
+</p>
+<p>
+<q>The general principle of equality of all persons before the law excludes
+discriminations made on account of religions belief, with the result
+that religious tests should not be made the basis of political rights or
+for determining qualifications for office or in general for the possession,
+exercise, or protection of civil rights.</q>&mdash;Emlin McClain, quoted in the
+<hi rend='italic'>Cyclopedia of American Government</hi>, Vol. III, p. 176.
+</p>
+<p>
+<q>This clause was introduced for the double purpose of satisfying the
+scruples of many persons who feel an invincible repugnance to any religious
+test or affirmation, and to cut off forever every pretence of any
+alliance between church and state in the national government</q>&mdash;Story's
+Const. Sc. 1841.</p></note>
+</p>
+
+<p>
+Here again we see emphasized the right of trial by jury.
+I want you to give some thought to this particular right,
+because it applies not only to cases where persons are accused
+of a crime, but also to nearly all cases involving property
+rights.
+</p>
+
+<p>
+The ordinary lawsuit, where one person is suing another
+to recover money, property, or damages, is triable by a jury.
+You understand of course the purpose of a trial. As already
+explained the main thing in every trial is to determine the
+truth as to the points in dispute, and the truth in such cases
+under our Constitution is determined, not by judges, but by
+jurors, men from the ordinary walks of life, your neighbors,
+men accustomed to dealing with ordinary human affairs.
+This right is important in aiding a person to have the truth
+<pb n='161'/><anchor id='Pg161'/>
+properly established; but it is especially important, as I have
+heretofore explained, because it emphasizes the fact that this
+is a government by the people, and that in grave emergencies
+when life, liberty, or property, is in danger, the representatives
+of the common people, selected from the ranks of
+the common people, shall be the judges.
+</p>
+
+<p>
+Of course I have fully explained to you, and I do not
+wish to have any confusion upon that point, that the judges
+themselves are also representatives of the people, because
+they are elected by the people, or appointed by those agents
+of the people who are elected by the people.
+</p>
+
+<p>
+I have intentionally repeated, sometimes over and over,
+rules and reasons, because we must have them in our minds
+so that they will never be forgotten.
+</p>
+
+<p>
+Now as above explained, the citizens of each State are
+guaranteed the right to go to another State, and exercise in
+that other State the same rights as the citizens of that State.
+This is in the spirit of America which gives us all equal
+opportunity. A citizen of Massachusetts going to the State
+of Minnesota has the same rights in Minnesota as the citizens
+of Minnesota have. Minnesota could not discriminate
+against him because he was a citizen of another State. Of
+course he could not exercise rights which the citizens of
+Minnesota were not entitled to, but all rights of the citizens
+of Minnesota are guaranteed to him while he is in that State.
+</p>
+
+<p>
+Now as to the provision which forever bars any religious
+test as the qualification for any office or place of public trust
+under the United States. We have already given serious
+consideration to the great fundamental human privilege
+which the Constitution guards, the right to worship God according
+to the dictates of one's conscience. We have already
+found that regardless of church or creed each person stands
+before the law equal in our country. The older you grow,
+the more fully you realize what religion means to a great
+<pb n='162'/><anchor id='Pg162'/>
+many people in this world, the more fully you will appreciate
+the blessing which came to humanity in these provisions of
+the Constitution. There are some of us who do not belong
+to any church organization, and yet we are intensely interested,
+because there was a time when every person was compelled
+by law to belong to a church organization, to the state
+church, the state religion. I have already explained that we
+find solemn statutes enacted by the British Parliament, as an
+illustration, which provided for a death penalty for those
+who did not believe in the religion of the state.
+</p>
+
+<p>
+There is no religious test which can be made a qualification
+for any office under the United States; nor for any office
+for any State in the Union. There should be no individual
+discrimination in voting for public officials because of the
+religion or church to which a candidate for office may belong.
+These are sacred, individual rights. Men must be judged by
+their conduct, by their character, by their ability, by their
+capacity to serve the people and their country, not by the
+religion which one may profess.
+</p>
+
+<p>
+We must cultivate the spirit of charity toward our neighbors,
+charity which means love, which enables us to maintain
+a proper spirit of toleration for those who differ from us in
+matters of belief.
+</p>
+
+<pb n='164'/><anchor id='Pg164'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Does a citizen have the same rights in California that he does in
+New York?
+</p>
+
+<p>
+2. Why is religious belief never made a qualification for office?
+</p>
+
+<p>
+3. What is impeachment?
+</p>
+
+<p>
+4. Are judges representatives of the people? Why?
+</p>
+
+<p>
+5. Can the State of Nebraska enact a law imposing a tax upon merchandise
+shipped into Nebraska from any other State?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What is impeachment?
+</p>
+
+<p>
+B. Describe the manner of trial before trial by jury. Compare the
+justice of the ordeal end wager of battle with the jury system.
+</p>
+
+<p>
+C. Show how these provisions make for democracy.
+</p>
+
+<p>
+D. Why is the spirit of charity necessary in a democracy?
+</p>
+
+<p>
+E. Write a paper on the following:
+</p>
+
+<quote rend='display'>
+<p>The Ordeal</p>
+<p>Wager of Battle</p>
+<p>How Englishmen Won the Right to Trial by Jury</p>
+</quote>
+
+</div>
+
+<pb n='165'/><anchor id='Pg165'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XXIII. Wrongs Under King George</head>
+<head type='sub'>The Story Of The Colonists In The Declaration Of
+Independence</head>
+
+<p>
+When we first read over the numerous guaranties of the
+Constitution protecting the American people in their rights,
+we sometimes wonder why certain provisions were inserted in
+the Constitution. Being born here in America, never having
+been compelled to submit to the abuse of arbitrary power, and
+always having lived under the Constitution, and always being
+guarded by its provisions against the abuse of power, we
+can hardly understand why it was necessary to make so many
+provisions against things which we can hardly imagine ever
+happened in human government.
+</p>
+
+<p>
+Whenever you have a chance, read somethings of the governments
+of the world under kings or other absolute rulers.
+In fact, we cannot understand the blessings of our government
+until we know something of what our ancestors were
+compelled to submit to under the governments of the different
+countries of the world a few centuries ago.
+</p>
+
+<p>
+While we have in mind the guaranties of our Constitution,
+it is well for us to have clearly in mind some of the definite
+things which the framers of the Constitution had before
+them, some of the wrongs which the human race had endured
+at the hands of government which the framers of the
+Constitution were determined the people of America would
+never have to endure. You can hardly imagine what little regard
+or consideration was given to human rights in those old
+days now almost forgotten. I am not going to undertake to
+discuss the problems of government in different countries
+the world.<note place='foot'><p>A glance at the motives of Europeans in coming to America will
+reveal the fact that thousands of the best people of European countries
+left their homes to escape either religious or political persecution at the
+hands of the government or the king. Such was true of the Huguenots
+of France, the Pilgrims and Puritans of England, and only recently,
+the Jews of Russia.
+</p>
+<p>
+The laws of <q>attainder</q> in England in the early times confiscated the
+property of persons, however innocent they themselves might be, if they
+were near relatives of other persons who had committed grave crimes.
+</p>
+<p>
+Before the passage of the Habeas Corpus Act of 1679 in England, any
+person of royalty or high official standing in the government could falsely
+accuse another person of crime and cause that innocent person to languish
+in prison for years, or even for life, because he could not get
+before a court of justice to establish his innocence.
+</p>
+<p>
+In many European countries the peasants were burdened with taxes
+to support kings and courts without the slightest representation in the
+tax levying authority. In France, just preceding the French Revolution,
+the peasants were obliged to purchase a certain number of barrels
+of salt each year, without having the slightest use for the salt, because
+the crown lands produced salt and the revenues went to the king.
+</p>
+<p>
+In many European countries a state church was established and the
+people obliged to support it by taxes levied against their property, regardless
+of whether it represented their religious beliefs.</p></note>
+The purpose which I have in mind can be fully
+<pb n='166'/><anchor id='Pg166'/>
+served by a consideration of the government in this country
+under the king of Great Britain during the years preceding
+the Revolutionary War. You understand, of course, that
+even at that time a great advance had been made in recognizing
+certain rights of the people. In fact, I think it is
+generally recognized that England before the American
+Revolution had attained nearer to a fairly just government
+than any other country in the world up to that time. There
+had been many periods during its history when the people
+had asserted themselves and had forced the recognition of
+certain rights by the government&mdash;by the king, and yet it
+was still a government by a king. It was a government
+under a king to which the colonies owed allegiance. It
+was government under a king against which the colonies
+finally revolted. It was government under a king which
+brought. about the Revolution. It was resistance to government
+under a king which inspired the heroes who won the
+liberty of the new world. It was the brutality of a government
+under a king which inspired the framers of the Constitution
+so carefully to guard against the abuses which the
+world had known before liberty had been established on
+American soil. I will not undertake to recite for you the
+things which the people were compelled to endure under
+this government of a king. I will let the people of the
+colonies tell their story. You remember that in 1776, after
+the beginning of the Revolutionary War, the people of the
+Colonies adopted the Declaration of Independence which recites
+in detail the abuses and wrongs they had endured
+under a government by a king. It is one of the most
+dramatic recitals in history. Let these colonies tell their
+own story. I am not going to read the entire Declaration of
+Independence; I am simply going to read the recital therein
+of the wrongs which came to the people, the men, women,
+and children, the human beings, who up to that time were
+<pb n='167'/><anchor id='Pg167'/>
+compelled to live here in America under the government of
+a king.
+</p>
+
+<quote rend='display'>
+
+<p>
+The history of the present king of Great Britain is a history of
+repeated injuries and usurpations, all having in direct object the
+establishment of an absolute tyranny over these states. To prove
+this, let facts be submitted to a candid world.
+</p>
+
+<p>
+He has refused his assent to laws the most wholesome and necessary
+for the public good.
+</p>
+
+<p>
+He has forbidden his governors to pass laws of immediate and pressing
+importance, unless suspended in their operation till his assent
+should be obtained, and, when so suspended, he has utterly neglected
+to attend to them.
+</p>
+
+<p>
+He has refused to pass other laws for the accommodation of large
+districts of people, unless those people would relinquish the right of
+representation in the legislature&mdash;a right inestimable to them, and
+formidable to tyrants only.
+</p>
+
+<p>
+He has called together legislative bodies at places unusual, uncomfortable,
+and distant from the repository of their public records for
+the sole purpose of fatiguing them into compliance with his measures.
+</p>
+
+<p>
+He has dissolved representative houses repeatedly for opposing,
+with manly firmness, his invasions on the rights of the people.
+</p>
+
+<p>
+He has refused, for a long time after such dissolutions, to cause
+others to be elected; whereby the legislative powers, incapable of
+annihilation, have returned to the people at large for their exercise;
+the state remaining, in the mean time, exposed to all dangers of invasion
+from without, and convulsions within.
+</p>
+
+<p>
+He has endeavored to prevent the population of these states; for
+that purpose obstructing the laws of naturalization of foreigners;
+refusing to pass others to encourage their migration hither and raising
+the conditions of new appropriations of lands.
+</p>
+
+<p>
+He has obstructed the administration of justice by refusing his
+assent to laws for establishing judiciary powers.
+</p>
+
+<p>
+He has made judges dependent on his will alone for the tenure
+of their offices and the amount and payment of their salaries.
+</p>
+
+<p>
+He has erected a multitude of new offices, and sent hither swarms
+of officers to harass our people and eat out their substance.
+</p>
+
+<p>
+He has kept among us, in times of peace, standing armies, without
+the consent of our legislatures.
+</p>
+
+<p>
+He has affected to render the military independent of, and superior
+to, the civil power.
+</p>
+
+<p>
+He has combined with others to subject us to a jurisdiction foreign
+to our constitution and unacknowledged by our laws, giving his assent
+to their acts of pretended legislation&mdash;
+</p>
+
+<p>
+For quartering large bodies of armed troops among us;
+</p>
+
+<p>
+For protecting them, by a mock trial, from punishment for any
+murders which they should commit on the inhabitants of these states;
+</p>
+
+<p>
+For cutting off our trade with all parts of the world;
+</p>
+
+<p>
+For imposing taxes upon us without our consent;
+</p>
+
+<p>
+For depriving us, in many cases, of the benefits of trial by jury;
+</p>
+
+<pb n='168'/><anchor id='Pg168'/>
+
+<p>
+For transporting us beyond seas, to be tried for pretended offenses;
+</p>
+
+<p>
+For abolishing the free system of English laws in a neighboring
+province; establishing therein an arbitrary government, and enlarging
+its boundaries, so as to render it at once an example and fit instrument
+for introducing the same absolute rule into these colonies;
+</p>
+
+<p>
+For taking away our charters, abolishing our most valuable laws,
+and altering fundamentally the forms of our government;
+</p>
+
+<p>
+For suspending our own legislatures, and declaring themselves invested
+with power to legislate for us in all cases whatsoever.
+</p>
+
+<p>
+He has abdicated government here by declaring us out of his protection
+and waging war against us.
+</p>
+
+<p>
+He has plundered our seas, ravaged our coasts, burnt our towns,
+and destroyed the lives of our people.
+</p>
+
+<p>
+He is, at this time, transporting large armies of foreign mercenaries
+to complete the works of death, desolation and tyranny, already begun,
+with circumstances of cruelty and perfidy scarcely paralleled in the
+most barbarous ages, and totally unworthy the head of a civilised
+nation.
+</p>
+
+<p>
+He has constrained our fellow-citizens, taken captive on the high
+seas, to bear arms against their country, to become the executioners
+of their friends and brethren, or to fall themselves by their hands.
+</p>
+
+<p>
+He has excited domestic insurrections amongst us, and has endeavored
+to bring on the inhabitants of our frontiers the merciless
+Indian savages, whose known rule of warfare is an undistinguished
+destruction of all ages, sexes and conditions.
+</p>
+
+<p>
+In every stage of these oppressions we have petitioned for redress,
+in the most bumble terms; our repeated petitions have been answered
+only by repeated injury. A prince whose character is thus marked by
+every act which may define a tyrant is unfit to be the ruler of a free
+people.
+</p>
+
+</quote>
+
+<p>
+Now, if there be those who are not satisfied under the
+present government of America, let them reflect. Let them
+compare their rights to-day with the rights of the people subjected
+to the repeated <q>injuries and usurpations</q> so eloquently
+recited by those who founded this government, who
+adopted our Constitution which will forever bar any power
+from exercising <q>a design to reduce them (the people) to
+absolute despotism</q>.
+</p>
+
+<p>
+Read through this catalog of wrongs endured by the
+people of the colonies. Then read through the guaranties of
+the Constitution. You will find that in large part the guaranties
+of the Constitution were inspired by the wrongs recited
+by the people when they proclaimed their independence.<note place='foot'><p>A
+comparison of the provisions of the Declaration of Independence
+with those of the Constitution will show the wrongs of the English king
+righted by the Constitution.
+</p>
+<p>
+Declaration of Independence.&mdash;<q>He has refused assent to laws the most
+wholesome and necessary for the public good.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;A bill if vetoed by the President
+may be repassed by two-thirds of the senate and house of representatives.
+</p>
+<p>
+Declaration of Independence.&mdash;<q>He has forbidden his governors to pass
+laws of immediate and pressing importance.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;Congress shall have the power
+to lay and collect taxes, duties, etc. (See Const. Art. I, §. 8.)
+</p>
+<p>
+Declaration of Independence.&mdash;<q>He has dissolved representative houses
+repeatedly, for opposing with manly firmness, his invasions on the rights
+of the people.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;Congress shall meet at the seat
+of government&mdash;once each year.
+</p>
+<p>
+Declaration of Independence.&mdash;<q>He has refused, for a long time after
+dissolution, to cause others to be elected.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;The time, place and manner of
+holding elections for Senators and Representatives, shall be prescribed
+in each State by the legislature thereof.
+</p>
+<p>
+Declaration of Independence.&mdash;<q>He has obstructed the administration
+of justice.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;Jurisdiction of Courts fixed by
+Constitution. Judges not responsible to the President, but to Congress,
+which represents the people.
+</p>
+<p>
+Declaration of Independence.&mdash;<q>He has made judges dependent on his
+will alone.</q>
+</p>
+<p>
+Constitution of United States.&mdash;Judges subject to removal only by impeachment
+by Congress.
+</p>
+<p>
+Declaration of Independence.&mdash;<q>He has kept standing armies ...
+without consent of the legislature.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;<q>Congress shall have power to
+raise and support armies.</q> <q>To provide and maintain a navy.</q>
+</p>
+<p>
+Declaration of Independence.&mdash;<q>For transporting us beyond seas to
+be tried for pretended offenses.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;<q>Such trial shall be held in the
+state where said crime shall have been committed.</q>
+</p>
+<p>
+Declaration of Independence.&mdash;<q>For depriving us, in many cases, of
+the right of trial by jury.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;<q>The trial of all crimes, except in
+case of impeachment, shall be by jury.</q>
+</p>
+<p>
+Declaration of Independence.&mdash;<q>For quartering large bodies of armed
+troops among us.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;<q>No soldier shall in time of peace,
+be quartered in any house without the consent of the owner.</q>
+</p>
+<p>
+Declaration of Independence.&mdash;<q>For imposing taxes on us without our
+consent.</q>
+</p>
+<p>
+Constitution of the United States.&mdash;<q>Congress shall have power to
+levy and collect taxes.</q></p></note>
+</p>
+
+<pb n='169'/><anchor id='Pg169'/>
+
+<p>
+I said that this recital is dramatic. It is also pathetic.
+Listen: <q><hi rend='italic'>In every stage of these oppressions we have petitioned
+for redress in the most humble terms; our repeated
+petitions have been answered only by repeated injury.</hi></q> Is it
+any wonder that the Constitution of the United States should
+provide that <q>Congress shall make no law ... abridging
+ ... the right ... to petition the Government
+for a redress of grievances</q>?
+</p>
+
+<p>
+Is it any wonder that we find in the Constitution guaranties
+of freedom of worship, freedom of speech and of the
+press, the right of the people to bear arms, the right of the
+people to be secure in their persons, houses, and papers, the
+right to a speedy jury trial when accused of crime, and the
+right to a trial in the district where the offense was committed
+instead of being sent beyond the seas? When we
+read of the wrongs endured by the people under the government
+by a king we can readily understand why the people
+put into their Constitution a guaranty that a person no matter
+how poor shall have an attorney to defend him, shall
+have his witnesses brought into court at government expense,
+that excessive bail shall not be required, and cruel and unusual
+punishments shall not be inflicted, that slavery is forever
+abolished on American soil, that the property of every
+person, rich or poor is sacred, and that even the government
+of the United States cannot take it for public use without
+just compensation, that every person shall have equal protection
+of the law, and if wrongfully imprisoned he can
+secure his release by writ of habeas corpus. You can readily
+see that all these guaranties of the Constitution and many
+others which we have been studying were intended to give
+protection to the people from wrongs which the people had
+suffered throughout the world under the different forms
+of government existing before America was born.
+</p>
+
+<p>
+From the stirring story related by the people in the Declaration
+<pb n='170'/><anchor id='Pg170'/>
+of Independence of the injustice which they had to
+suffer under a king, you can see how carefully future generations
+of people upon American soil were guarded by the
+Constitution against the wrongs which our forefathers had
+endured.
+</p>
+
+<pb n='171'/><anchor id='Pg171'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. When was the Declaration of Independence signed?
+</p>
+
+<p>
+2. How long did the colonists of America continue under government
+by a king?
+</p>
+
+<p>
+3. How did it happen to be drawn up?
+</p>
+
+<p>
+4. Compare each sentence of this quotation (pages 167, 168) with the
+guaranties that you have discussed in class.
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Discuss in detail the reasons for the coming of the American colonists.
+</p>
+
+<p>
+B. Discuss in detail the contrasts noted in Note 2. Review the previous
+study with reference to our Declaration of Independence.
+</p>
+
+<p>
+C. Write a paper comparing the solution found in the Constitution
+with the grievances noted in the Declaration.
+</p>
+
+<p>
+D. Discuss a method by which this might be brought to the attention of
+the Socialists, Anarchists, and Bolsheviki who are criticising our
+government to-day.
+</p>
+
+</div>
+
+<pb n='172'/><anchor id='Pg172'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XXIV. Shall Any Part Be Repealed</head>
+<head type='sub'>What Provisions Would You Have Taken Out Of The
+Constitution</head>
+
+<p>
+We have discussed the main personal guaranties of the
+Constitution. There is a large part of the Constitution which
+we have not yet considered. Not because I do not regard
+it as important&mdash;it is all important&mdash;but because the personal
+guaranties are of the highest importance. They constitute a
+Bill of Rights, a bill of individual rights, of your rights and
+my rights. These rights are clearly defined and carefully
+guarded.
+</p>
+
+<p>
+I heard a man say the other day that the Constitution
+ought to be abolished, that it was an obstacle to human
+progress.<note place='foot'><p>On December 2, 1917, in New York City, in a meeting of men who
+called themselves Bolshevists and I. W. W.'s, the following paragraph
+was an introduction to a set of resolutions drawn up: <q>We are the
+Bolshevists of America. We denounce governments, institutions and
+society; we hail social revolution and the destruction of the existing
+order of things.</q>
+</p>
+<p>
+In the preamble to the Constitution of the Independent Workers of
+the World (I. W. W.) we find this statement: <q>The working class and
+the employing class have nothing in common. Between these two classes
+the struggle must go on, until the workmen of the world organize as a
+class, take possession of the earth and the machinery of production, and
+abolish the wage system. Our motto is&mdash;<emph>The abolition of the wage system.</emph></q>
+</p>
+<p>
+How foolish is the above statement that the working class and the
+employing class have nothing in common. The truth of the matter is
+that they have everything in common. Every employer&mdash;almost without
+exception&mdash;was once a workman. He was a successful workman, therefore
+he became more than a workman&mdash;he became an employer. Furthermore, workmen cannot exist without employment. Neither can employers
+exist without the workmen. They are not only each concerned
+in the welfare of the other; neither can exist without the other.
+</p>
+<p>
+The following is another passage taken from the resolutions drawn
+up by the Bolshevists in which they say the general strike is their weapon
+of defense: <q>We will strike for a six hour day, then for a four hour
+day, then for a two hour day, with increased wages all the time, and
+then we will be strong enough to take everything and work no more.</q>
+</p>
+<p>
+We wonder how any sensible man can believe such logic as this. Was
+it not Saint Paul who said that if any man would not work neither
+should he eat.
+</p>
+<p>
+The Socialist party platform of 1912 declared in favor of the abolition
+of the United States Senate, the amendment of the Constitution of
+the United States by a majority vote of the people, the election of judges
+for short terms of office, the denial of the right of the U. S. Supreme
+Court to declare the acts of Congress void.</p></note>
+He did not say why. That is the trouble with
+a lot of people in this world; they are ever ready to destroy,
+but are never ready to aid in building up. Their purpose
+is destruction, not construction. You will hear a great deal
+of complaint about the Constitution. I have heard complaint
+about the Constitution. This is our Constitution. We
+are directly interested in defending it against all attacks
+if it is a good thing for us. If it is a bad thing we are all
+interested in having it repealed. And of course you now
+fully understand that the people have the power to repeal
+every line of the Constitution if they want to.<note place='foot'>Article
+V of the Constitution of the United States provides for
+the amendment of that fundamental law of the country. It says amendments
+may be proposed by a bill for amendment being introduced into
+either house of Congress and passing each house by a two-thirds vote,
+or secondly, by the State legislatures of two-thirds of the States demanding
+that Congress call a national convention in which amendments
+may be proposed. If these proposed amendments are ratified by the
+legislatures of three-fourths of the States or by conventions called in
+three-fourths of the States, they become an integral part of the Constitution.</note>
+</p>
+
+<p>
+So this morning I wish to submit to you a fair question.
+<emph>What is there in the Constitution that you think should be
+taken out of the Constitution? What is there that should be
+repealed?</emph> I do not ask you to answer that question now. I
+want you to think it over carefully. Go over each and every
+word of the Constitution carefully. Talk it over with your
+<pb n='173'/><anchor id='Pg173'/>
+father and your mother. Talk it over with your friends, the
+boys and girls who are studying this subject with you, and
+some day present to your teacher or to me a statement of
+the part of the Constitution that you think ought to be repealed.
+Of course, to come to a just conclusion on this question
+you must not only look at the language of the Constitution
+but you must take into consideration the purpose of
+each provision of the Constitution. That is why we have
+been studying the Constitution in detail. That is why we
+have considered in a general way something of the problems
+of the human race under the past governments of the world.
+It is after all a simple question&mdash;what is good for the people,
+and what is not good for the people. What is good for <emph>all</emph>
+the people&mdash;not for any special class. The Constitution has
+been in existence, most of it, for considerably more than a
+hundred years. During that more than one hundred years
+what a wonderful development there has been in this country,
+development not alone in property and in wealth, because
+after all that is not the main thing, but development
+in human opportunity! What a wonderful expansion there
+has been of human rights! What a splendid example we
+have had of the maintenance and protection of human liberty!
+What wonderful legislation has been enacted by the
+people during those years to make life easier for the average
+man!<note place='foot'>Some of this good legislation includes: Child Labor Laws; Workmen's
+Compensation Laws; Industrial Insurance for Workingmen; Compulsory
+Education; Pure Food Laws; Better Sanitary Conditions in
+Factories; Safety Appliances; Free Medical Inspection for School Children;
+and Care of the Poor.</note>
+</p>
+
+<p>
+Consider all these things and then say frankly whether
+or not any provision of the Constitution should be taken out.
+In other words, would the repeal of any single personal guaranty,
+which we have been considering in these lessons, help
+men, women, and children? Would it make life easier?
+Would human liberty be better protected? Would the objects
+of government, the right to life, liberty, and the pursuit
+of happiness, be more effective?
+</p>
+
+<p>
+The Constitution is a sacred document, but there is nothing
+<pb n='174'/><anchor id='Pg174'/>
+more sacred than the right to life and liberty and happiness.
+Therefore do not hesitate to deal fearlessly with the
+Constitution, but deal with it reverently. It was intended as
+an aid to humanity. If it does not serve that purpose it
+should be abolished. If any provision of the Constitution is
+not an aid to humanity in America let us repeal that provision.
+Be fearless; be also cautious. Be careful in any change
+to avoid the ills which we have, that we do not invite other
+and more grievous ills that we know not of.
+</p>
+
+<p>
+The American people owe to themselves, to their children,
+and to their country, the solemn duty to give earnest consideration
+to our Constitution. They owe the solemn duty,
+if the Constitution is serving a great purpose for the people
+of America, to defend it against all those who may attack.
+They owe the duty to uphold it and to guard it. It is a
+sacred trust and this trust cannot be executed except through
+intelligence, earnestness, patriotism, and loyalty.
+</p>
+
+<p>
+Therefore, if there be defects in the Constitution, pick them
+out and let us unite in removing them, because the cause of
+humanity is greater than the cause of fidelity to any law or
+constitution ever enacted by the people.
+</p>
+
+<pb n='175'/><anchor id='Pg175'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Why are we interested in the Constitution?
+</p>
+
+<p>
+2. Why should we defend it from all attacks?
+</p>
+
+<p>
+3. In what way can we best defend the Constitution?
+</p>
+
+<p>
+4. Why should we wish to modify it?
+</p>
+
+<p>
+5. Just how can the Constitution be modified?
+</p>
+
+<p>
+6. What should be the spirit in which we should enter upon the consideration
+of amendments to the Constitution?
+</p>
+
+<p>
+7. Just what should be the argument for any changes?
+</p>
+
+<p>
+8. Make a list of some of the modifications you think should be made.
+</p>
+
+<p>
+9. Arrange a debate on each one of these.
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What is the fallacy of the I. W. W. constitution?
+</p>
+
+<p>
+B. How would you meet their argument?
+</p>
+
+<p>
+C. List the standards which should be used to measure the worth of
+any suggestion of amendments to the Constitution.
+</p>
+
+<p>
+D. Discuss the process by which former amendments have been made.
+</p>
+
+<p>
+E. Write a paper on any amendments which you think should be
+adopted to take anything out of the Constitution.
+</p>
+
+</div>
+
+<pb n='176'/><anchor id='Pg176'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XXV. Amending The Constitution</head>
+<head type='sub'>The Power Of The People&mdash;What Provisions Should
+Be Added To It</head>
+
+<p>
+This morning we are going to apply another test to the
+Constitution of the United States. I have already asked you
+to analyze and study the Constitution carefully, each provision
+of the Constitution, to see if there be any portion that
+should be taken out. This morning I am going to ask you to
+study the Constitution with a view of determining what, if
+anything, you wish added to the Constitution. Do not assume
+that I em imposing a duty which should only be undertaken
+by some learned lawyer or statesman. This Constitution
+is a Constitution of the whole people and it must be
+upheld and defended, not only by lawyers, judges, and public
+officials, but by the people in every walk of life, by the
+children as well as by fathers and mothers, by the poor as
+well as the rich.<note place='foot'>If you
+read carefully the fifth article of the Constitution of
+the United States, you will learn that the Constitution may be amended
+either by the people's representatives who sit in Congress, and in State
+legislatures, or by the legislatures of the States demanding that a National
+convention shall be called in which the people may choose the members
+Which ever method of amending the Constitution is used, it is the people
+who exercise the power of changing the Constitution.</note>
+Therefore I come to you who are children
+to-day but who in a few short years will be making the laws
+of this country through your votes at the ballot box. I ask
+you to decide not only what, if anything, should be taken
+out of the Constitution, but I ask what, if anything, should
+be added to the Constitution; and again I want you to form
+your own opinions about this after a careful study, after conference
+with your parents and with your friends. It is a
+strange thing that we seldom hear any one talking to his
+neighbor about the Constitution. People when they get together
+talk about all sorts of things, serious and frivolous,
+but you seldom hear them discussing the gravest problem in
+human life, which is human government. Do not be afraid
+to take up the subject with your friends. Do not be afraid
+<pb n='177'/><anchor id='Pg177'/>
+to discuss with your friends some provision of the Constitution.
+You are having a special advantage in being able to
+study the Constitution while many of your neighbors never
+had such an opportunity.<note place='foot'>Every
+teacher in every public school ought to feel in duty bound
+to teach the fundamental principles of the Constitution to all the children
+in the school. A recitation period ought to be set aside each day
+for the study of civics of the community, of the locality, of the State,
+and of the United States. Every pupil in every public school ought to
+feel proud of the opportunity to learn how his government is made and
+how his government works, how he may become a helpful citizen by being
+an intelligent voter when he comes to be a man. Adult people ought
+to organize civic clubs in the community for the discussion and study of
+questions of government and politics.</note>
+</p>
+
+<p>
+What can we add to the Constitution which will make it
+more effective as an instrument in the protection of life, liberty,
+and property for us here in America?
+</p>
+
+<p>
+Remember, we the American people can add anything to
+the Constitution that we wish. Nineteen amendments to the
+Constitution have already been adopted by the people. Do not
+feel discouraged because it takes a little time to secure the
+adoption of an amendment. The Constitution should not be
+amended hastily, but only after grave thought and earnest
+consideration.
+</p>
+
+<p>
+If we can only think of something to add to the Constitution
+which would be a good thing for the whole people of
+America, I will guarantee that we will have no difficulty in
+having it added to the Constitution. Of course it will take
+earnest effort, but shaping the destiny of more than 105,000,000
+people is a grave matter. The Constitution is the
+protection of the rights of each individual and therefore any
+change in the Constitution merits most earnest consideration
+upon the part of each one of us.
+</p>
+
+<p>
+Think it over and advise me some day or inform your
+teacher of anything that you can think of which, if added to
+the Constitution, would improve this Nation as a country in
+which the people rule, anything which would make the rule
+of the people more complete. That is the big thing after all&mdash;the
+rule of the people, because when the people can rule
+themselves, they ought to get out of life everything which
+they are entitled to by their individual merits, ability, and
+effort. Always keep in mind that there is no way by which a
+government of the people and by the people can equalize opportunity
+for those who will not seek the advantages which
+<pb n='178'/><anchor id='Pg178'/>
+are open to them. No Constitution and no law can equalize
+industry and idleness. No scheme of government can provide
+bread for those who will not toil. It is impossible that human
+happiness can be guaranteed to those whose lives are spent in
+wickedness and wrongdoing.
+</p>
+
+<p>
+So, my friends, after due thought and deliberation, prepare
+your amendments to the Constitution of your country. Do
+not hesitate because you may think that you cannot put them
+in proper form. The form is not important; the idea is the
+great thing. Perhaps it may be that out of the mind and out
+of the heart of some pupil in this school may come some day
+a great idea which, incorporated into the Constitution or the
+law, may bring added blessings to the American people.<note place='foot'><p>The
+following suggestions have been made by good, honest people
+who have their country's welfare at heart. Thus far the people as a
+whole have not advocated their adoption, but some of them may be made
+part of the Constitution in time to come.
+</p>
+<p>
+a. The direct popular election of President and Vice President of the
+United States.
+</p>
+<p>
+b. The adoption of the initiative, referendum, and recall in the
+National government.
+</p>
+<p>
+c. Federal legislation governing both marriage and divorce throughout
+the Nation.
+</p>
+<p>
+d. Federal jurisdiction over all cases affecting foreigners&mdash;for example
+in instances like the Italian riot in New Orleans, or in the Japanese
+problem on the Pacific coast.</p></note> I
+know of no power on earth which can tie the hands of the
+American people in any effort toward enlarging the powers of
+the people, which will better guard life and liberty. We have
+seen how many safeguards were adopted by the framers of the
+Constitution to protect each and everyone of us against the
+abuse of power by the government maintained by the people.
+We have seen how earnestly the framers of the Constitution
+guarded each individual against wrongful conduct on the
+part of any servant of the people in any official position.
+<emph>Perhaps some one in this class may discover an additional
+guaranty which would be helpful. If so, duty demands that
+the same shall be made part of the fundamental laws of our
+country, the Constitution of the United States.</emph>
+</p>
+
+<p>
+As you read of America, as you think of its Constitution
+and laws, don't you feel a sense of power, a sense of pride?
+</p>
+
+<p>
+If Mr. Allen who owns the big department store on Main
+Street were to come here some morning and make each one
+of you a gift of an interest in his store, if he should make you
+partners with him in his entire business, you would feel
+grateful and proud. What an intense interest you would take
+in the store and all the details. You would talk about it at
+<pb n='179'/><anchor id='Pg179'/>
+home and to your neighbors and friends. Each of you would
+begin to study the business. You would take pleasure in
+reading about merchandise, prices, and business methods.
+</p>
+
+<p>
+Well, we are all partners in this great Nation. Liberty is
+more valuable than merchandise or profits. If someone
+stronger than you should undertake to take away your liberty,
+you would fight for it and die for it if necessary.
+</p>
+
+<p>
+Being partners in America, won't you study America?
+Won't you talk about the blessings of America at home and
+to your neighbors? Won't you study the problems of America
+so that each succeeding year it can pay greater profits in
+freedom and justice and righteousness?
+</p>
+
+<pb n='180'/><anchor id='Pg180'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. What do your parents say about changes in our Constitution?
+</p>
+
+<p>
+2. How would you advise them to act?
+</p>
+
+<p>
+3. Can you tell them how changes in our Constitution can be made?
+</p>
+
+<p>
+4. Why is it necessary that each one of us take a personal interest
+in OUR Constitution?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. How would you meet the argument of the radical who wants a
+revolution?
+</p>
+
+<p>
+B. How would you show others that we have a great partnership in
+America?
+</p>
+
+<p>
+C. What two ways are possible for constitutional amendments?
+</p>
+
+<p>
+D. List a series of additions that you think should be made to the
+Constitution.
+</p>
+
+<p>
+E. Write a paper upon some one amendment to our Constitution that
+you believe to be worthy of adoption.
+</p>
+
+</div>
+
+<pb n='181'/><anchor id='Pg181'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XXVI. Machinery Of The Government</head>
+<head type='sub'>The Agencies, Officers, And Methods For Exercising
+Powers Of The National Government</head>
+
+<p>
+Now my friends, we have reached the end of discussion of
+the personal guaranties of the Constitution&mdash;the American
+Bill of Rights.
+</p>
+
+<p>
+As I have heretofore stated, this is the real, important part
+of the Constitution, because it is in a study of these guaranties
+that we fully realize the blessings of our free American
+government. Any one who has earnestly considered this
+great American Bill of Rights can readily answer the question,
+<q>What has America done for me and for my children</q>?
+</p>
+
+<p>
+But I would not have you feel that the other parts of the
+Constitution are of small concern. Each provision of this
+great charter of human rights is very important, and worthy
+of careful study.
+</p>
+
+<p>
+Article I of the Constitution provides that all legislative
+powers granted <q>shall be vested in a Congress of the United
+States, which shall consist of a Senate and House of Representatives</q>.
+Now you will understand of course that up to
+the time the Constitution was adopted, the United States had
+no power; in fact there was no United States. The colonists
+through the Articles of Confederation had attempted to establish
+a Nation which was designated <q>The United States of
+America</q>, but the result of their efforts was really a confederation,
+and not a real union.<note place='foot'><p>The following
+is a brief outline of the various attempts at union
+among the colonies.
+</p>
+<p>
+(a) 1643-1684&mdash;New England Confederation: Massachusetts Bay;
+Plymouth; Connecticut; New Haven.<lb/>
+(b) 1684&mdash;Albany Council.<lb/>
+(c) 1690&mdash;First Colonial Congress.<lb/>
+(d) 1696&mdash;William Penn's Plan.<lb/>
+(e) 1701&mdash;Robert Livingston's Plan.<lb/>
+(f) 1722&mdash;Plan of Daniel Cox.<lb/>
+(g) 1754&mdash;Plan of Rev. Mr. Peters.<lb/>
+(h) 1754&mdash;Plan of the Lords of Trade.<lb/>
+(i) 1754&mdash;Albany Plan.<lb/>
+(j) 1765&mdash;Stamp Act Congress.<lb/>
+(k) 1774&mdash;First Continental Congress.<lb/>
+(l) 1775&mdash;Second Continental Congress.<lb/>
+(m) 1781&mdash;Congress of the Confederation.<lb/>
+(n) 1787&mdash;The Federal Convention.<lb/>
+(o) 1789&mdash;The New Government.
+</p>
+<p>
+The chief reasons keeping the colonies apart were:
+</p>
+<p>
+1. Natural geographical divisions&mdash;North, Middle, and South.<lb/>
+2. The great differences in size&mdash;Virginia many times larger than
+Rhode Island.<lb/>
+3. The instinct of local self government.<lb/>
+4. Character of settlers and the motives in making settlements.<lb/>
+5. The slave question, especially after 1750.<lb/>
+6. Their different forms of government&mdash;Royal, Proprietary,
+Charter.
+</p>
+<p>
+The very first attempt at constitution making in the colonies was the
+Mayflower Compact, adopted on board the ship Mayflower before landing
+on December 20, 1620. It reads as follows: <q>We, whose names
+are underwritten, the loyal subjects of our dred soveraigne King James,
+by the grace of God, of Great Britain, France and Ireland King, defender
+of the faith, etc. having undertaken, for the glory of God, and
+advancement of Christian faith and honor of our king and country, a
+voyage to plant the first colony in 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 hereunder subscribed our names,
+at Cape Cod, the 11th of November, in the year of the reign of our
+sovereign lord, King James, of England, France and Ireland the eighteenth,
+and of Scotland the fifty-fourth, Anno Domini.</q>
+</p>
+<p>
+The first real attempt at formal constitution making was the <q>Fundamental
+Orders of Connecticut</q>, 1639. These <q>Orders</q> formed an elementary
+constitution with three departments of government and the
+duties and powers of each department fairly well set forth. The Fundamental
+Orders are frequently referred to as the first written constitution
+in America.
+</p>
+<p>
+The Articles of Confederation were made by the <emph>thirteen States</emph> in the
+name of the <emph>States</emph>. The Constitution was made by the <emph>delegates of
+the people</emph> in the name of the <emph>people of the United States</emph>. The first was a
+<emph>compact</emph> or friendly agreement; the second was a <emph>contract</emph> or binding
+union.</p></note> <emph>The Nation was formed by
+the adoption of the Constitution.</emph> The Nation formed was
+in the nature of a partnership. I suppose you know but little
+about partnerships organized by individuals. A partnership
+is generally formed by a written agreement signed by the
+<pb n='182'/><anchor id='Pg182'/>
+partners. This agreement usually contains provisions as to
+the share or interest of each partner, the power of the partners
+and of the partnership, and the objects and purposes of
+the partnership.
+</p>
+
+<p>
+The United States is a partnership between the people and
+the Nation. The Constitution is a partnership agreement
+binding upon all the parties to the agreement. Before the
+adoption of the Constitution the people possessed all the
+power of government and governmental action. The people
+gave some of their power to the Nation, but only a small part
+of the power of the people was given. Always bear in mind
+that the United States&mdash;the Nation&mdash;has no power, and never
+had any except what the people granted in the Constitution
+and in the amendments thereto.
+</p>
+
+<p>
+You will see in Section 8 of Article I the specific powers
+granted to Congress by the people. They include the following:
+lay and collect taxes; pay debts; provide for defense and
+for the general welfare; borrow money; regulate commerce
+among the States and with foreign nations; provide for naturalization
+and uniform rules of bankruptcy; coin money,
+regulate the value thereof, and fix the standard of weights
+and measures; punish counterfeiting; establish post offices
+and post roads; protect authors and inventors by copyrights
+and patents; establish courts; punish piracies and felonies
+on the high seas; declare war, raise, and support armies; provide
+and maintain a navy; provide for organizing armies, for
+disciplining the militia, and for calling them to serge in certain
+emergencies; exercise exclusive power of legislation <q>over
+such District (not exceeding ten miles square) as may, by
+Cession of particular States, and the acceptance of Congress,
+become the Seat of the Government of the United States</q>;
+make all laws necessary and proper for carrying into execution
+the foregoing powers <q>and all other Powers vested by this
+<pb n='183'/><anchor id='Pg183'/>
+Constitution in the Government of the United States, or in
+any Department or Officer thereof.</q>
+</p>
+
+<p>
+So you see large powers were granted by the people to the
+new Nation.
+</p>
+
+<p>
+However, the people were very careful. Nearly every
+government in the world, before the organization of the
+United States, had at times proven false to the people. Many
+governments were false to the people all the time. Indignities
+and abuses were often heaped upon helpless men, women,
+and children. Governments were more often maintained to
+serve royalty or aristocracy than to protect the rights and
+liberties of the common people. Therefore when it came to
+organizing this new Nation, the people were careful to guard
+against the abuses of the past. Thus they not only specified
+definitely the powers conferred upon the United States, but
+(Sections 9 and 10 of Article I) positively stated certain
+things which the United States could not do.
+</p>
+
+<p>
+<emph>The people also were suspicious.</emph> The experience of the
+human race with governments justified this suspicion. When
+the Constitution was submitted to the people, many protested
+that the individual liberties of the people were not sufficiently
+guarded; and before the people consented to ratify the Constitution,
+it was necessary that they should be given assurance
+that upon the ratification of the Constitution, amendments
+would be proposed and submitted to the people, expressing
+clearly the guaranties given to the people against
+improper exercise of power by the National government and
+especially protecting the liberty of all the people. These
+amendments, which constitute the Great American Bill of
+Rights, were proposed by Congress in 1789 and were ratified
+by the States in 1791.
+</p>
+
+<p>
+Now let us get the foregoing brief summary fixed in our
+minds.
+</p>
+
+<p>
+The Constitution is a partnership between the
+<pb n='184'/><anchor id='Pg184'/>
+people and the Nation in which the people (1) grant to the
+Nation certain specific powers; (2) restrain the Nation from
+exercising powers not granted; and (3) in many particulars
+direct the manner in which the powers granted shall be exercised.
+The Constitution also provides for what may be termed
+the <q>machinery of government</q>. It separates the powers of
+government into three divisions: the legislative, the executive,
+and the judicial. It then provides for the officers (the agents
+or servants of the people), who shall exercise the powers of
+each department, and prescribes certain qualifications for
+such officers, the methods of their selection, and the terms
+of such officers.
+</p>
+
+<p>
+In Article I we find certain qualifications for Senators and
+Representatives&mdash;the length of their term of service. Senators
+are elected for six years, Representatives for two years.
+There are also certain provisions as to their election, the organization
+of the Senate and House, to some extent the
+method of procedure, and direction as to the exercise of certain
+powers.
+</p>
+
+<p>
+Article II of the Constitution fixes certain qualifications
+for President of the United States, the executive head of the
+Nation; provides the manner of the election of the President
+and the Vice President, confers certain powers and duties,
+provides that the term of office of President and Vice President
+shall be four years, and designates the causes for which
+they may be removed by impeachment.
+</p>
+
+<p>
+Article III of the Constitution provides for courts and
+judges, and fixes their jurisdiction&mdash;their power&mdash;and gives
+direction as to trial and penalty in certain cases.
+</p>
+
+<p>
+Thus we find that the Constitution guarantees a National
+government (a republican form of government), confers certain
+powers formerly held by the people, provides an executive
+to enforce the powers granted, a legislative body to make
+laws under which the powers may be exercised, and establishes
+<pb n='185'/><anchor id='Pg185'/>
+courts to construe and apply the laws enacted, to the
+end that human rights and liberties shall be protected.
+</p>
+
+<p>
+Let us carry in our minds this picture of the people of the
+colonies, who through generations had struggled with royalty
+to secure the blessings and liberties for which they had come
+to the New World. In the local government of the colonies
+much had been done to apply the principles of liberty, but
+in their relation to the mother country they had endured
+abuses and sufferings, which finally in 1776 found expression
+in the Declaration of Independence.
+</p>
+
+<p>
+In an effort to unite their strength they had formed a federation
+of the thirteen States, but their dreams of a free
+country were not realized until in the Constitution they had
+formed the <q>more perfect Union</q> which was created to
+<q>establish Justice, insure domestic Tranquility, provide for
+the common defence, promote the general Welfare, and
+secure the Blessings of Liberty to ourselves and our Posterity</q>.
+</p>
+
+<p>
+Now let us bear in mind that the people reserved much of
+their power, which under the plan of government adopted
+was to be used in their respective States under Constitutions
+and laws expressing the will of the people with relation to
+their domestic affairs. At our next meeting, we shall consider
+briefly something of the Constitutions of the States, where
+they come from, and the wonderful purpose they serve in carrying
+out the scheme of the people in actual self government.
+</p>
+
+<pb n='186'/><anchor id='Pg186'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Why are the individual guaranties of the Constitution so important?
+</p>
+
+<p>
+2. What is meant by legislative power?
+</p>
+
+<p>
+3. In whom is the legislative power of the United States vested?
+</p>
+
+<p>
+4. When and how was the Nation formed?
+</p>
+
+<p>
+5. What is a partnership? How is it usually formed?
+</p>
+
+<p>
+6. From whom did the United States obtain its power?
+</p>
+
+<pb n='187'/><anchor id='Pg187'/>
+
+<p>
+7. State the terms of service of: (a) the President, (b) Senators,
+(c) Representatives, (d) the Vice President?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Tell some of the powers conferred by the people upon the United
+States.
+</p>
+
+<p>
+B. Into what departments does the Constitution separate the powers
+of government?
+</p>
+
+<p>
+C. At the time of the adoption of the Constitution, why were the people
+suspicious?
+</p>
+
+<p>
+D. Name some officers now in service of the National government: (a)
+in the executive department, (b) in the legislative department, (c)
+in the judicial department.
+</p>
+
+<p>
+E. Write a statement of the attitude of the people of the States when
+the Constitution was submitted to them for ratification, what was
+the subject of public discussion, what parties were formed, and what
+was done to secure the consent of the people to ratify the Constitution?
+</p>
+
+<p>
+F. Write in 100 words or less a summary of what the United States
+Constitution is.
+</p>
+
+</div>
+
+<pb n='188'/><anchor id='Pg188'/>
+
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XXVII. State Constitutions</head>
+<head type='sub'>The Grant And Limitations Of Power Expressed By
+The People In The Constitutions Of The States</head>
+
+<p>
+Every human organization had a beginning. This is a
+large city in which we now live, but there was a time within
+the memory of men still living, when there was nothing here
+but an unbroken prairie. A log cabin was the first building
+where the city now stands. Then came the cultivated fields.
+A flour mill was erected down on the river bank, then a blacksmith
+shop, a store, a livery stable, some modest dwellings,
+then a school house, and a church. Thus came the little
+village which through the years has slowly grown into the
+present city.
+</p>
+
+<p>
+Thus came all the cities, and thus came the States. There
+was a time not so long ago when there were no white people
+within what is now the borders of our State. There was the
+<q>first white settler</q>, the first cultivated patch of ground, the
+first log house, the little settlements, the lonely log cabins in
+between, and then the State.
+</p>
+
+<p>
+Thus were the thirteen colonies founded, and thus were
+founded the thirty-five States which have been admitted to
+the Union since the adoption of the Constitution.
+</p>
+
+<p>
+Every human organization with any degree of permanence
+has something in the nature of a constitution. It may be in
+writing, it may be oral, or it may rest in a mutual understanding
+expressed only by acts and conduct. It may be
+manifest from customs which have been observed by all the
+members of the group.
+</p>
+
+<p>
+The proud boast of America is that it was the first Nation
+in the world which adopted a complete written Constitution
+<pb n='189'/><anchor id='Pg189'/>
+binding upon the Nation and upon the people, a Constitution
+which provides for courts with the power of restraining the
+Nation and the individual from acts or conduct which violate
+its provisions, designed to guard human rights.
+</p>
+
+<p>
+Until the Declaration of Independence in 1776, the colonies
+in their joint efforts for liberty and justice, were called
+the <q>United Colonies</q>; but after independence was proclaimed,
+this title gave place to that of <q>The United States</q>.
+Thereupon eleven of the thirteen States adopted Constitutions.
+In two States&mdash;Connecticut and Rhode Island by an
+act of the legislature, the existing charters were continued in
+force so far as consistent with independence. These Constitutions
+all came into being before the adoption of the Constitution
+of the United States. Of course they were far from
+perfect, and all have been amended from time to time, so that
+now the Constitution of each State provides a truly American
+system of government.<note place='foot'>Great modifications
+have been made in nearly all of the State Constitutions,
+an excellent analysis of which may be found in Bryce's
+<hi rend='italic'>American Commonwealth</hi> (Third Edition), Vol. I, p. 443.</note>
+</p>
+
+<p>
+Nothing in the Constitution of the United States requires
+that each State shall have a written Constitution, but the
+wonderful achievement of the people in creating the Constitution
+of the United States has been a guide and inspiration
+to the people of the States, and each State has adopted
+a written State Constitution, following the method and spirit
+of the colonists in the long ago, drafting the Constitution
+in a convention of delegates and ratifying it by another
+special convention or by the vote of all the people.
+</p>
+
+<p>
+Then as each new State was admitted to the Union, a Constitution
+was adopted.<note place='foot'>Since the alliance of the original thirteen States, thirty-five have
+been admitted into the Union by acts of Congress either directing the
+people to select delegates and enact a Constitution or accepting a Constitution
+already made by the people. An illustration of the former
+method of procedure is offered in 25 U. S. St. at L. 676 c 180, providing
+for the admission of North Dakota, South Dakota, Montana, and Washington
+into the Union, and of the latter in 26 U. S. St. at L. 215 c 656;
+222 c 664, providing for the admission of Idaho and Wyoming. <q>Of
+these instruments (State Constitutions), therefore, no less than of the
+Constitutions of the thirteen original States, we may say that although
+subsequent in date to the Federal Constitution, they are, so far as each
+state is concerned de jure prior to it. Their authority over their own
+citizens is nowise derived from it.</q>&mdash;Bryce's <hi rend='italic'>American Commonwealth</hi>
+(Third Edition), Vol. I, p. 431.</note> By the Constitution of the United
+States, Congress has the power to admit new States, thus by
+implication controlling the subject matter of the original
+Constitution of each State admitted.
+</p>
+
+<p>
+It is not my intention to consider in detail the Constitutions
+of the various States. This is not essential to the purpose
+which I have in talking to you. I am very anxious that
+<pb n='190'/><anchor id='Pg190'/>
+you shall realize that each State is a separate sovereignty; that
+when the people created the United States, and adopted the
+Constitution of the United States, they give to the United
+States limited power; that the plan of government contemplated
+that each State should have its own Constitution; and
+that in each State the people should enact their own laws
+governing the conduct of the people in their respective States.
+</p>
+
+<p>
+An examination of the Constitutions of all the States will
+show how carefully the people of each State incorporated in
+their State Constitution the great principles of government,
+and the guaranties of liberty which were so carefully provided
+in the Constitution of the United States.
+</p>
+
+<p>
+Different language is used in the different State Constitutions,
+but in each it will be found that the government of
+the State, as of the United States, is divided into three departments&mdash;the
+executive, the legislative, and the judicial;
+that the executive power in the States is vested in a Governor;
+that the legislative power rests in what is usually
+termed a <q>General Assembly</q> consisting of a Senate and a
+House of Representatives, modeled after the Congress of the
+United States; that the judicial power is to be exercised by
+courts&mdash;a Supreme Court and other courts designated as District
+Courts, Circuit Courts, and many other titles, varying in
+different States.
+</p>
+
+<p>
+Public officers, servants of the people, are provided for,
+and usually their selection is by vote of the people at general
+elections for which provision is made.
+</p>
+
+<p>
+The really important thing in the State Constitutions, as
+well as in the Constitution of the United States, is the Bill
+of Rights specifically guarding the natural rights and liberties
+of the people.
+</p>
+
+<p>
+The guaranties in the State Constitutions are not all uniform,
+but as a general thing you will find that each State
+has incorporated in its Constitution those sacred guaranties
+<pb n='191'/><anchor id='Pg191'/>
+which in the Constitution of the United States form the real
+foundation and protection of human liberty.
+</p>
+
+<p>
+Always bear in mind that the Constitution in each State,
+as in the Nation, is an instrument of fundamental law, or
+body of laws, which prescribes the form of government, fixes
+the different departments of government, provides the
+agencies of government, and declares and guarantees the
+rights and liberties of the people.<note place='foot'><q>A constitution
+is an instrument of government, made and adopted
+by the people for practical purposes, connected with the common business
+and wants of human life. For this reason pre-eminently every word in it
+should be expounded in its plain, obvious and common sense.</q>&mdash;Per
+Allen J., in Peo v. New York, Cent. R. Co., 24 N. Y. 485, 486.</note>
+</p>
+
+<p>
+The Constitution of the United States is the Supreme law
+of the land, and the Constitution of each State is the supreme
+law of the State. These Constitutions must be respected, and
+must be obeyed; and any law enacted by the legislature of a
+State or by the Congress of the United States which is contrary
+to the provisions of the Constitution is null and void.
+</p>
+
+<p>
+By their Constitution the people of a State proclaim and
+establish their power superior to the power of the legislature
+of the State or any officer of the State. The power expressed
+in the Constitution is the power of the people. They have,
+by their solemn document&mdash;the Constitution&mdash;established
+certain rules, regulations, principles, and guaranties, which
+cannot be changed by ordinary legislation.<note place='foot'>Legislatures
+cannot change Constitutions. <q>I consider the people
+of this country as the only sovereign power. I consider the legislature
+as not sovereign, but subordinate; they are subordinate to the great
+constitutional charter, which the people have established as a fundamental
+law and which alone has given existence and authority to the
+legislature.</q>&mdash;Per Roane, J. in Kanper v. Hawkins, 1 <hi rend='italic'>Va. Cas.</hi> 20, 86.</note> Of course the
+people can change and modify the Constitution of State or
+Nation. Every Constitution provides some method of amendment.
+Some States provide for a constitutional convention
+from time to time, where the people through their representatives
+selected for such a purpose assemble to consider the
+question of change or modification. In other States the legislature
+may propose amendments which must be submitted
+to the people for their approval. In all States some procedure
+is provided which requires careful deliberation and consideration
+by the people before the Constitution is changed.<note place='foot'><q>Some
+of the state constitutions provide for periodically submitting
+to the voters the question whether a convention shall be called to revise
+and amend the constitution. Regardless of whether or not provision is
+made for periodical resubmission of the question of calling a convention,
+the constitutions usually provide that the legislature may, of its own
+volition, submit to a vote of the people the question whether a convention
+shall be called, and subject to any existing constitutional limitations,
+may prescribe the time and manner of electing delegates to such convention.</q></note>
+</p>
+
+<p>
+Now it is very important that every citizen shall have a
+knowledge of the Constitution of his State. It is of the highest
+importance that every man, woman, and child shall know
+<pb n='192'/><anchor id='Pg192'/>
+and feel the solicitude, the care, which has been exercised in
+the framing of the Constitution to guard individual rights.
+</p>
+
+<p>
+As I have heretofore explained, the purpose of government
+is to guard human rights and human liberty. This is true of
+the government of the United States, and it is true of the
+government of each State. Always keep in mind that in this
+country, what we call <q>the government</q> is merely an agency
+of the people&mdash;an expression of the power of the people in a
+defined way, agreed upon by them, through which they protect
+themselves against wrong by the agencies of government
+which they have created, and against wrong by their neighbors.
+</p>
+
+<p>
+Inspiring indeed is it to contemplate the spirit in which
+the founders of the American Nation and of the States of
+America studied the methods by which human rights should
+be protected. They were unselfish; they were in the highest
+degree inspired by a holy purpose to guard the people of
+America against the wrongs, the abuses, the cruelty which
+their ancestors in the past had suffered; and to accomplish
+their purpose they exercised the greatest care to maintain the
+power of government in the people themselves&mdash;the power to
+make laws and to enforce them.
+</p>
+
+<p>
+I suppose it may be said that the highest achievement of
+the American people in creating a National government and
+the governments of the States is expressed in the words of
+Lincoln when he proclaimed this to be <q>a government by the
+people</q>.
+</p>
+
+<pb n='193'/><anchor id='Pg193'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. What is a village?
+</p>
+
+<p>
+2. What is a State?
+</p>
+
+<p>
+3. When were the colonies first called States?
+</p>
+
+<p>
+4. What States adopted Constitutions before the adoption and ratification
+of the Constitution of the United States?
+</p>
+
+<p>
+5. Can the people of the State of New York enact a law punishing
+a person for coining silver dollars? Why?
+</p>
+
+<p>
+6. Can Congress pass a law Sting the punishment of a person for
+stealing a horse in the State of Michigan?
+</p>
+
+<p>
+7. When was the State in which we live admitted to the Union?
+</p>
+
+<p>
+8. Who framed the Constitution of this State?
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. What is a constitution?
+</p>
+
+<p>
+B. Explain fully how a Constitution of a State comes into, being.
+</p>
+
+<p>
+C. Must a constitution be in writing? If not, what may be its form?
+</p>
+
+<p>
+D. State how the Constitution of the United States may be amended.
+</p>
+
+<p>
+E. In what way may the Constitution of a State be amended?
+</p>
+
+<p>
+F. Write briefly telling the advantages of a written constitution.
+</p>
+
+<p>
+G. State in writing the power of the courts in exercising their power
+and duty of defending the Constitution. Give an illustration.
+</p>
+
+<p>
+H. Write an explanation of the power and influence of the Constitution
+of the United States in guiding the people in framing the Constitutions
+of their States, and in what things the Constitution of the
+States follow the Constitution of the United States.
+</p>
+
+</div>
+
+<pb n='194'/><anchor id='Pg194'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>XXVIII. The Suffrage</head>
+<head type='sub'>The Significance Of The Nineteenth Amendment To
+The Constitution</head>
+
+<p>
+This meeting was at night. Some of the parents who had
+attended the talks from time to time had requested that the
+last meeting be held at night so that some of the busy fathers
+and mothers might come. The assembly room was crowded,
+and although extra chairs had been placed in the aisles, there
+were a number of people standing. The principal said that
+it was the largest crowd that he had ever seen in the room.<note place='foot'>Teachers
+and school officers can perform no higher duty, can render
+no greater service to America, than to encourage the use of school
+buildings for public gatherings. They should be real community centers.
+In the city of Minneapolis, the Superintendent of Schools has recently
+reported that for the year ending July 1st, 1920, there were 5070 meetings
+held in the public school buildings, with a total attendance of 325,734
+persons. There were 1434 cultural meetings, 751 civic sessions, 2501
+recreative gatherings, and 334 social festivals. Rural consolidated school
+buildings ought always be planned for civic centers as well as school-houses.
+They ought to provide a large assembly hall where community
+gatherings may be held. They ought to provide a large and well equipped
+gymnasium where both children and adults may enjoy athletic contests
+and indoor games. These buildings ought to be open to the people
+every evening during the week if the attendance warrants.</note>
+</p>
+
+<p>
+First everybody arose and sang <q>The Star Spangled Banner</q>,
+and when the meeting closed, the audience joined in
+singing <q>America</q>.<note place='foot'><p>One mark
+of good citizenship is the respect shown to emblems of
+authority. All good citizens rise to their feet and remain standing during
+the playing or singing of the National anthem. We ought to cultivate
+such habits until they become reflex: i. e. until we do them as a matter
+of course without being told by the teacher in school or by the leader of
+the choir or some other person.
+</p>
+<p>
+Every school boy and girl ought to commit to memory the words of
+the Star Spangled Banner and of America. The teacher can make the
+singing of patriotic songs and the learning of patriotic poems and
+speeches a part of the opening exercises of the school. Poems and
+speeches learned in childhood will generally remain with us throughout life.</p></note>
+The judge was greeted with loud applause.
+He said:
+</p>
+
+<p>
+I am happy to-night. This meeting is an inspiration. It
+is a real community meeting, a real American meeting. If
+meetings like this were held once each week or once every
+two weeks in every school building in the United States I
+should not fear socialism or bolshevism or anarchy. Such
+ideas cannot live in a community where the people really
+know each other. There are no class lines here to-night.
+You are too close together. I see a banker over there whom
+I have known for thirty years. He was brought up in this
+city, attended this school, and has spent his whole life here.
+His success in life came to him among old friends in the
+community where he was born. Near him I see a bricklayer.
+I have known him and respected him since boyhood. We
+played on the same baseball team when we were both younger
+and could run faster than we can now. He went to the
+Washington school. The children of these men are in this
+<pb n='195'/><anchor id='Pg195'/>
+school now. In a few years they will be grown men and
+women doing the work that we shall have to give up soon.<note place='foot'>Radicalism
+of thought and action can generally be traced to the
+segregation of the people into small groups where the individual is alone
+in his thinking. Association and cooperation tend to break up individualism.
+Where men and women come together in thought and consideration,
+there is always developed a tendency toward moderation. Our present
+day complex society demands that every individual yield something for
+the good of the whole community. The yielding process is a moderating
+process. Anarchy stands for the division of society into individuals where
+each individual becomes selfish and dominating over others around him.
+Loyalty to the Nation and the State requires that the individual shall
+coöperate with his neighbor and that he shall work in harmony with other
+people in the community. If people would more often assemble and discuss
+the needs of the entire community and how each may help to make
+the entire community better, we would have less of class distinction and
+more of social harmony and of economic prosperity.</note>
+</p>
+
+<p>
+So with most of the people in this room to-night. They
+were born here, went to school here, and they have worked
+here all their lives. Some followed one occupation, some
+another. This was a matter of their own choice. Their children
+are now growing up, as they once grew up. Soon they
+will be selecting their life work. Soon they will be voting
+and performing other duties of citizenship. Soon you and I,
+fathers and mothers, will pass off the stage of life. Soon we
+shall be forgotten by all except the few who compose the
+family circle, who love us notwithstanding our faults.
+</p>
+
+<p>
+For a few weeks I have been acting as teacher. I have
+been trying hard to bring into the minds and hearts of the
+pupils in this school something of the sacredness of human
+liberty, something of the cost of American liberty, the sacrifices,
+the struggles, the bloodshed, the heartaches, and heartbreaks
+which finally triumphed when our Constitution was
+adopted. I have endeavored to explain that the Constitution
+is not a mere skeleton or framework, defining the relation of
+the Nation and the States and providing for the election of
+officers to carry out the plans of the National government. I
+have repeatedly told the great truth that in America there is
+more freedom, justice, charity, and kindness than in any
+other Nation in the world. I have pointed out that in America
+we have in our Constitution written guaranties of life,
+liberty, and property rights such as no other Nation in the
+history of the world ever had. We have found that this is a
+government by the people, that the people rule, that the few
+cannot rule unless the many refuse to perform their duties as
+citizens of this great republic. Oh! if we can only put in
+the hearts of the American people a realization of the <emph>power</emph>
+and the <emph>duty</emph> of the people!
+</p>
+
+<p>
+To-night I wish to present briefly something of the manner
+<pb n='196'/><anchor id='Pg196'/>
+in which the people express their power, the method by which
+the people disclose their wishes in public affairs. The Star
+Baseball Club, the Irving Literary Society, the City Teachers
+Association, the Woman's Club, the Charity Guild, these are
+all mere organisations of people. <emph>That is all that America is.</emph>
+These organizations have written constitutions. <emph>So has America.</emph>
+These organizations must have laws or rules of conduct,
+aside from their constitutions. <emph>So must America.</emph> These societies
+must have a policy and transact business. <emph>So must
+America.</emph> In adopting laws or rules of conduct these societies
+secure an expression of the wishes of their members. These
+wishes are generally expressed by their votes, sometimes by
+ballot and sometimes orally in a meeting.
+</p>
+
+<p>
+America secures an expression of the wishes of the people
+by their votes. The votes of the people either in writing or
+printed are cast on election days fixed by laws enacted
+through the vote of the people. In no other way can the
+wishes of the people be made known. It, is through the
+ballot that the people exercise their powers. It is through the
+ballot that America is governed.<note place='foot'>Republican
+government is government by the people through their
+chosen representatives. Republican government can only be good government
+and effective government, when every qualified voter will assume
+his full duty in helping carry on the government. This duty is exercised
+through the casting of an intelligent ballot on election day. In the
+presidential election of 1908 the percentage of qualified voters actually
+voting ranged from 15.8 per cent to 88.1 per cent, the average for all
+States being 60.5 per cent.</note>
+</p>
+
+<p>
+I wonder if the people of America generally realize what
+a wonderful thing it is that a government as large as ours
+must depend entirely upon the wishes of the people expressed
+by their vote on election day. I wonder if they realize that
+in this way the people rule. On election day we see something
+of the equality of the people. If you go near the
+polling place, you will see the president of the bank, perhaps,
+or the president of the railroad walking side by side with
+the hodcarrier or the brakeman on the train. In the voting
+booth each has the same power in helping to shape the destiny
+of their country.
+</p>
+
+<p>
+In a way this is a new method of government. Only in a
+country where there is a government by the people do we
+find such a thing as the right of all men regardless of property,
+<pb n='197'/><anchor id='Pg197'/>
+race, or creed to exercise the same power in the ballot
+box.<note place='foot'><p>In colonial times in America there was nothing like universal manhood
+suffrage. One-half of all the colonies required church membership
+for a suffrage right. By about 1700 all colonies required ownership of
+property for voting. This was not entirely abolished until about 1850.
+The State of Rhode Island still requires property to the extent of $134
+for voting in municipal elections.
+</p>
+<p>
+The colony of Virginia required the holding of a freehold of fifty
+acres of land without a house, or twenty-five seres of land with a house
+at least twelve feet square. Pennsylvania required a freehold of fifty
+acres with twelve acres improved.
+</p>
+<p>
+In most colonies a greater property qualification was required for voting
+for members of the upper house of the legislature than for members
+of the lower house.
+</p>
+<p>
+Several colonies and early States limited office holding to Protestants.
+</p>
+<p>
+The Constitution of the United States now declares that no State
+shall deny to any person the right to vote because of <emph>race</emph>, <emph>color</emph>, or
+<emph>previous condition of servitude</emph>, or <emph>because of sex</emph>. The Nineteenth
+Amendment enables women to vote on an equality with men.
+</p>
+<p>
+A State may add further qualifications for voting, but no State may
+deny the right to vote for any of the above reasons. Several States
+have added literacy tests for voting, and others have denied the right
+to vote to such as are insane or who have been convicted of crime, unless
+pardoned by the Governor. A few States deny suffrage to those whose
+taxes are delinquent.</p></note>
+</p>
+
+<p>
+From the beginning America has led in granting the right
+of suffrage, the right to vote. In the early days in some of
+the States a man had to own a certain amount of property before
+he could vote, but this has not been true for more than
+fifty years. <emph>Now a new day has come.</emph> After a struggle for
+generations, the right to vote has been conferred upon all
+female citizens, regardless of property, social position, religion,
+or race. It has been a long struggle and now that victory
+has been won for equal suffrage, is there anyone who will
+still contend that in this country the people do not rule?
+</p>
+
+<p>
+Who has conferred this great privilege upon the women of
+America? The voters of America decided that every State
+should grant this privilege.
+</p>
+
+<p>
+The amendment to the Constitution is as follows:
+</p>
+
+<p>
+<q><hi rend='italic'>The right of citizens of the United States to vote shall not
+be denied or abridged by the United States or by any State on
+account of sex.</hi></q>
+</p>
+
+<p>
+The people did not vote directly upon this constitutional
+amendment, but they voted for the members of the House
+and the members of the Senate who voted for the amendment
+and they voted for the members of the legislatures of the different
+States which ratified the amendment. Thus the responsibility
+rests with the people. This is true of course as
+to nearly all the laws enacted by State and Nation&mdash;the people
+do not vote directly upon them, but they select their
+agents, who, under the law, are authorized to act for them.
+</p>
+
+<p>
+Under this amendment we have the written guaranty in
+the Constitution that so far as men and women are concerned
+they shall have equal rights to vote.<note place='foot'>The
+following countries of the world have equal suffrage: New
+Zealand, 1893; South Australia, 1895; West Australia, 1900; The
+Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904;
+Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913; Norway,
+1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark, 1915;
+England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919; Luxemburg,
+1919; Germany, 1919; Austria, 1919. In no other country in
+the world is the right of suffrage more fully granted than in the United
+States since the adoption of the Nineteenth Amendment.</note>
+</p>
+
+<p>
+Perhaps you were not in favor of woman suffrage. Many
+good men and women were opposed to it. Many are still
+opposed to it. This is a good illustration of the way we do
+<pb n='198'/><anchor id='Pg198'/>
+things in a democracy. We have different temperaments,
+different dispositions. We are reared in different surroundings.
+We have different interests. We look at life in different
+ways. Each of us has a right to his opinion and each of
+us has the right to express it by our vote. When we finally
+vote, a decision is made. If we belong to the majority, we
+find that our wish is carried out. If we are in the minority,
+we cheerfully follow what the majority of the people, what
+most of the people in America desire.
+</p>
+
+<p>
+The thing that I wish to impress to-night is that to vote
+on election day is not only a right, it is a duty. Whether we
+were for woman suffrage or not it has come. It is settled. It
+brings into power twenty-seven million new voters. Each of
+these women, whether she desires it or not, must assume this
+new share of the responsibilities of government. It is a patriotic
+duty. At every election we must cast our votes. Before
+every election we must study the issues, the problems to
+be met. Unless we do that we are failing in patriotism and
+loyalty. Unless we vote we are not good citizens.
+</p>
+
+<p>
+Now I must close. I hope that the talks I have given in
+this school have planted in the hearts of boys and girls, and
+possibly in the hearts of grown men and women, something
+of the simple truth of American life, something perhaps of
+the privileges of American citizenship and something of the
+duties that we all owe in return.
+</p>
+
+<p>
+I have promised the principal of this school that next term
+I will again appear and present some new topics. I wish to
+talk to the boys and girls about authority and obedience, the
+source of authority and the duty of obedience. I wish also
+to talk about the making of laws, the origin of laws, how
+they are put in form and finally enacted by the people. I
+wish to talk about our public servants, because one of the important
+things for each citizen to know is that from the President
+of the United States down to the constable of the humblest
+<pb n='199'/><anchor id='Pg199'/>
+village, all officers are mere servants of the people and
+that no officer in America is in his official capacity master
+of any man, woman, or child. I wish to impress as far as I
+am able the great truth expressed by Chief Justice Marshall
+when he said long years ago, <q>This is a government of laws
+and not of men.</q>
+</p>
+
+<pb n='200'/><anchor id='Pg200'/>
+
+<p>
+ELEMENTARY QUESTIONS
+</p>
+
+<p>
+1. Show the ways in which the United States is just like a small club?
+</p>
+
+<p>
+2. Why must we always vote?
+</p>
+
+<p>
+3. Why is it right that women should vote?
+</p>
+
+<p>
+4. Show that this is more than a privilege: it is a duty.
+</p>
+
+<p>
+5. Imagine some person saying that America is only for the rich. Review
+all the work that we have done, and show how it is just as fair
+to the poor man as to the rich.
+</p>
+
+<p>
+ADVANCED QUESTIONS
+</p>
+
+<p>
+A. Re-read the questions to chapters one and two. Note the difference
+in your answers.
+</p>
+
+<p>
+B. Map out a program so that you can show to all critics of America the
+<pb n='201'/><anchor id='Pg201'/>
+ways in which the Constitution of the United States gives to all
+Americans the rights to LIFE, LIBERTY, and the PURSUIT OF
+HAPPINESS.
+</p>
+
+<p>
+C. You can now answer fully the question, <q>Why is America the most
+free and most just Nation on the globe?</q>
+</p>
+
+<p>
+D. What did Chief Justice Marshall mean when he said, <q>This is a
+government of laws, and not of men.</q>
+</p>
+
+<p>
+E. Prepare in writing a constitution for the <q>Lincoln Debating Club</q>.
+</p>
+
+</div>
+
+<pb n='202'/><anchor id='Pg202'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>A Word To The The Teachers And Others</head>
+
+<p>
+<q>The very essence of civil liberty certainly consists in the
+right of every individual to claim the protection of the laws
+whenever he receives an injury. One of the first duties of
+government is to afford that protection. The Government
+of the United States has been emphatically termed, a government
+of laws, and not of men. It will certainly cease to
+deserve this high appellation, if the laws furnish no remedy
+for the violation of a vested legal right.</q>
+</p>
+
+<p>
+These words of Chief Justice Marshall in Marbury v. Madison,
+1 Cranch, 137, are the most significant and far reaching
+in their effect upon human government that were ever
+uttered by the lips of man.
+</p>
+
+<p>
+<q>A government of laws and not of men.</q> This expresses
+the fundamental difference between the government of this
+great American republic and all other systems of government
+devised by man before the Constitution of the United
+States came into being.<note place='foot'><q>Any
+government is free to the people under it (whatever be the
+frame) where the laws rule and the people are a party to those laws.</q>&mdash;William
+Penn.</note>
+</p>
+
+<p>
+Government has been the great problem of the human
+race throughout all the ages since mankind first started out
+upon the great highway of life. The greatest problem men
+have ever been called upon to solve is <q>how they might live
+together in communities without cutting each others
+throats</q>.
+</p>
+
+<p>
+As we look back at the warring world of yesterday, yea as
+we look at the warring world to-day (1920), we are reminded
+that the history of the human family tells a long, sad story
+of war and bloodshed and death. The path which humanity
+has traveled stretches back into the dim distance, a long
+<pb n='203'/><anchor id='Pg203'/>
+gleaming line of white human bones. The flowers, the trees,
+and the shrubs along the way have been nurtured by the red
+blood that flowed from human hearts. All over the world the
+battle has waged; away down in Egypt where the Nile scatters
+her riches; upon the banks of the Tiber which for centuries
+has reflected the majesty of Rome; upon the heights above the
+castle crowned Rhine; on the banks of the peaceful Thames;
+and upon the prairies that sweep back from the Father of
+Waters, men have fought and died. In the field and in the
+forest, by the sweet running brook, and upon the burning
+sands, in the mountain pass, and in the stony streets of the
+populous city, within the chancel rail of holy churches, and
+at the dark entrance to the Bastile&mdash;in all these places, and in
+a thousand more, the hand of the oppressed has been lifted
+against the oppressor, the right to be free that God gave to
+men has struggled with the power which might has given,
+and, alas! so often might has triumphed, and the slave, sick
+at heart, has been scourged to his dungeon. On a thousand
+hillsides burning fagots have consumed men who dared to
+dream of freedom, and in dark and slimy prison cells where
+God's sunlight seldom entered, men have rotten with clanking
+chains upon their limbs because they dared to ask for
+the rights of freemen.
+</p>
+
+<p>
+In the olden days force ruled the world; the king, the
+crown, the scepter, were the insignia of power. All about
+were the instruments of force, the cannon, the moated castle,
+the marching armies of the king.
+</p>
+
+<p>
+And so it was until the American Nation was born, a Nation
+founded by exiles who were fleeing from oppression,
+from unrestrained power, exiles who dreamed of establishing
+a Nation, exiles with stout hearts and with strong hands
+with which to build it&mdash;a Nation where there would be no
+master and no slaves, where the citizen would rule and not
+the soldier, where the home and the school and not the castle
+<pb n='204'/><anchor id='Pg204'/>
+would stand as the citadel of the Nation, where the steel
+would at last be molded into plowshares, and not into swords,
+where, instead of martial music, the song of the plowboy and
+the hum of the spinning wheel would greet the ear, where
+lust for power would be dethroned and brute force strangled,
+where love would rule and not brutality, where justice and
+not vengeance would be the end of judicial investigation,
+where the rights of men to live and to enjoy the fruits of
+their labor would be recognized. This was the dream of the
+fathers of the republic as they laid the foundation in the
+long ago.
+</p>
+
+<p>
+But this dream never would have been realized had it not
+been for the recognition of that great constitutional principle,
+announced by Chief Justice Marshall, that in this Nation the
+law is supreme; not supreme alone with the citizen, but supreme
+with the Nation and the States that compose the Nation;
+not supreme with the humble toiler, but supreme with
+the richest and the strongest; not supreme in theory, but
+supreme in truth and in fact.
+</p>
+
+<p>
+This great principle of the supremacy of the law finds its
+origin in that immortal document, the Constitution of the
+United States.<note place='foot'><q>It is, Sir, the people's Constitution, the people's government, made
+for the people, made by the people and answerable to the people.</q>&mdash;Daniel
+Webster.</note>
+</p>
+
+<p>
+Few there are in these modern days who fully appreciate
+the wonderful blessings of a written Constitution which gives
+recognition to the fundamental natural rights of man, and
+provides guaranties against the invasion of these rights.
+</p>
+
+<p>
+Gladstone, the eminent statesman, said:
+</p>
+
+<quote rend='display'>
+It (the American Constitution) is the greatest work ever struck off at
+any one time by the mind and purpose of man.
+</quote>
+
+<p>
+An eminent lawyer has said:
+</p>
+
+<quote rend='display'>
+It has been the priceless adjunct of free government, the mighty
+shield of the rights and liberties of the citizen. It has been many times
+invoked to save him from illegal punishment, and save his property
+from the greed of unscrupulous enemies, and to save his political fights
+from the unbridled license of victorious political opponents controlling
+<pb n='205'/><anchor id='Pg205'/>
+legislative bodies; nor does it sleep, except as a sword dedicated to a
+righteous cause sleeps in its scabbard.
+</quote>
+
+<p>
+Horace Binney says:
+</p>
+
+<quote rend='display'>
+What were the States before the Union? The hope of their enemies,
+the fear of their friends, and arrested only by the Constitution from
+becoming the shame of the world.
+</quote>
+
+<p>
+Sir Henry Maine gives the following estimate of the Constitution:
+</p>
+
+<quote rend='display'>
+It isn't at all easy to bring home to the men of the present day, how
+low the credit of the Republic had sunk before the establishment of the
+United States.... Its success has been so great and striking,
+that men have almost forgotten, that if the whole, or the known experiments
+of mankind in governments be looked at together, there has been
+no form of government so successful as the republican.
+</quote>
+
+<p>
+Justice Mitchell of Pennsylvania, some twenty odd years
+ago said:
+</p>
+
+<quote rend='display'>
+A century and a decade has passed since the Constitution of the United
+States was adopted. Dynasties have arisen and fallen, boundaries have
+extended and shrunken 'till continents seem almost the playthings of
+imagination and war; nationalities have been asserted and subdued;
+governments built up only to be overthrown, and the kingdoms of the
+earth from the Pillars of Hercules to the Yellow Sea have been shaken
+to their foundations. Through all this change and obstruction, the
+Republic, shortest lived of all forms of government in the prior history
+of the world, surviving the perils of foreign and domestic war, has endured
+and flourished.
+</quote>
+
+<p>
+And yet, it is true, <q>and pity 'tis, 'tis true</q>, that in these
+days there seems to be a great lack of confidence, nay even a
+feeling of contempt existing in the minds and hearts of many
+men for this great charter of human liberty. Men born to
+the blessings of freedom, men who do not stop to think about
+the cost of freedom, men who do not realize that this Nation
+is not the child of chance, but that it is the outgrowth of
+centuries of tears and blood and sacrifice in the cause of
+human freedom&mdash;these men assume an attitude of criticism,
+and would, by destroying the Constitution, fly from the
+<q>ills we have</q> and open their arms to evils <q>we know not of</q>.
+</p>
+
+<p>
+And this feeling, this unrest, this spirit of criticism, is not
+limited to the ignorant, nor the lowly. Many men and women
+of education and culture are prominent in the ranks of those
+who raise their voices in reckless condemnation.
+</p>
+
+<pb n='206'/><anchor id='Pg206'/>
+
+<p>
+What is the source of this widespread feeling?
+</p>
+
+<p>
+For several years before the World War, we were passing
+through a period of readjustment in the political and social
+life of the Nation. Many people felt that privilege was too
+strongly entrenched in governmental favor. A noble feeling
+of sympathy for the weak and the unfortunate created a demand
+for social justice. A great political party was thrown
+out of power. Out of all this came appeals for legislation,
+most of it inspired by the highest motives, but much of it
+impractical and visionary, some of it so framed that in providing
+a benefit for a certain class, the rights of some other
+class were forgotten. Often it became necessary to recall the
+provisions of the Constitution, and some times it was used
+as a bar to the enactment of measures which were inspired
+only by the loftiest motives. Under such circumstances it is
+only natural that those intensely interested, seeing only from
+one standpoint, not understanding perhaps the far reaching
+effect of their favorite measures, should cry out at the limitations
+imposed by the Constitution.
+</p>
+
+<p>
+Then again courts are sometimes compelled, under their
+sworn duty to defend the Constitution, to hold that a legislative
+enactment is unconstitutional and void, because it violates
+some of the principles of that great document, created,
+not by courts, not by presidents, but by the people themselves
+for their own guidance and protection.
+</p>
+
+<p>
+But Chief Justice White gives the strongest reason for this
+feeling of contempt for the Constitution. He says:
+</p>
+
+<quote rend='display'>
+There is great danger, it seems to me, to arise, from the constant
+habit which prevails where anything is opposed or objected to, of resorting
+without rhyme or reason, to the Constitution as a means of preventing
+its accomplishment, thus creating the general impression that
+the Constitution is but a barrier to progress, instead of being the broad
+highway through which alone true progress, may be enjoyed.
+</quote>
+
+<p>
+Not only is this true, but unfortunately it is also true that
+every base murderer who begins to feel the rope tighten
+about his neck can find some lawyer who can devise some alleged
+<pb n='207'/><anchor id='Pg207'/>
+constitutional reason why his client should not hang.
+The courts are constantly engaged in defending the Constitution
+against these base and unworthy attempts to defeat
+justice.
+</p>
+
+<p>
+Then upon every hand are those who hate authority, who
+despise law and order, and who denounce the Constitution because
+it stands between them and a realization of their greedy,
+vicious purposes.
+</p>
+
+<p>
+Justice White further says that there is <q>a growing tendency
+to suppose that every wrong that exists, despite the
+system, and which would be many times worse if the system
+did not exist, is attributable to it, and therefore that the
+Constitution should be disregarded or over-thrown</q>.
+</p>
+
+<p>
+The foregoing are some, but not all of the causes which
+weaken the faith of the people in the Constitution.
+</p>
+
+<p>
+Now recognizing that there is in this Nation a lack of respect
+for the Constitution, and knowing something of the
+causes which underlie this feeling, and realizing that the Constitution
+is in very truth the fortress and the glory of our
+republic, what is our duty?
+</p>
+
+<p>
+The duty of every man, woman, and child in America is
+to defend the Constitution with his life, if necessary, against
+those who condemn and traduce and seek to destroy.
+</p>
+
+<p>
+But how shall we defend it? Shall we oppose all amendments
+of the Constitution? No, by its very terms it is subject
+to amendment; but in contemplating its amendment, we
+should approach this sacred document in the same reverent
+spirit we would have if we were entering upon some holy
+shrine. It is the people's Constitution; it is their right to
+amend it. Yea, it is their duty to amend it, if upon due deliberation,
+the rights of the whole people can be better protected
+or enforced.
+</p>
+
+<p>
+Complaint is sometimes made because of the delay involved
+in its amendment; but the provisions of the Constitution requiring
+<pb n='208'/><anchor id='Pg208'/>
+deliberation were wisely inserted. It was intended
+that fundamental principles should not be changed under
+the inspiration of sudden passion. It contemplated mature
+deliberation. The fathers of the Republic were mindful of
+the storms which at times in the history of the world had
+swept the people to destruction.<note place='foot'><q>In
+truth success cannot be expected from any system of government
+unless the individuals who compose the State entertain the respect
+for the personal rights and liberties of all.</q>&mdash;David Jayne Hill.</note>
+</p>
+
+<p>
+Shall we rebuke the people who seek reforms? <emph>Shall we
+decry progress or change?</emph> No, we should be the leaders in
+all such reforms. We should aid in guiding public sentiment
+along channels safe and sound and constitutional. We
+should give recognition to the appeals of those who would
+lighten the burdens of our brothers who may be heavy laden.
+We should aid in convincing the people that the Constitution
+is no restraint upon their aspirations for higher and better
+things; that it is in truth the guide and inspiration to
+better things.
+</p>
+
+<p>
+Shall we condemn those who through lack of knowledge
+do not appreciate the great value of the Constitution? No,
+we should teach them. We should lead them. We should
+inspire them with love and veneration for this great bulwark
+of human freedom.
+</p>
+
+<p>
+We must in very truth become teachers of all the people.
+We must carry to them the light of our knowledge.
+We must point
+out to them the rocks upon which other republics have been
+wrecked.<note place='foot'><q>We cannot,
+we must not, we dare not, omit to do that which, in our
+judgment, the safety of the Union requires.</q>&mdash;Daniel Webster.</note>
+</p>
+
+<p>
+We must teach them that in the Constitution we find an
+absolute guaranty of protection for life, for liberty, and for
+property rights. That there is no man so lowly, that he cannot
+point to the Constitution as his shield from the acts of the
+tyrant, that he cannot point to his humble home as his
+<q>castle</q>, and under the sacred guaranties of the Constitution
+defy all the unlawful force of the world.
+</p>
+
+<p>
+We must teach them that it guarantees the inviolability of
+<pb n='209'/><anchor id='Pg209'/>
+contracts, that it prevents even a great State from taking the
+life or property of its humblest citizen without a trial under
+due process of law, that trial by jury is preserved, and that
+no man can be convicted of a crime without the privilege of
+being represented by counsel, and that no man can be compelled
+to be a witness against himself.
+</p>
+
+<p>
+We must recall to them the awful tragedies enacted in the
+days of old, where, under Star Chamber proceedings, men
+were deprived of their property and their lives upon charges
+of treason, which were never proven; and then we must point
+out to them the burning words of the Constitution, which
+provides that no man can be found guilty of treason without
+at least two witnesses to the overt act.
+</p>
+
+<p>
+We must impress upon them the great truth, that there
+is not now, and never has been, a system of government
+which can abolish sorrow, or sickness, or stay the hand of
+death. That no government can help men who will not
+help themselves; that there is no way in which any government
+can bring riches to the indolent, nor bread to those who
+will not toil. We must combat the false philosophy which
+assumes that all men are equal in all things, because men are
+not equal, except as under the Constitution they are equal
+before the law. No system of legislation and no method of
+government can equalize the strong with the weak, the wise
+with the simple, the good with the bad. While God gives to
+some men wisdom and shrewdness which others do not possess,
+while some are broad shouldered, with muscles of steel,
+and others are frail, and tremble as they walk, there will always
+be riches, there will always be poverty, and any scheme
+for equalizing the possessions of men is but an idle dream
+which never can be realized until men are made over into
+beings without passion or pride or ambition or selfishness.
+Do not let them feel that its provisions are intended to protect
+only the rich and powerful. If the right of a railway
+<pb n='210'/><anchor id='Pg210'/>
+corporation to certain lands is sustained under some constitutional
+provision, do not allow the people to assume that this
+provision exists only for corporations, but impress upon them
+that the same constitutional provision which protects the railway
+company in its rights, may be invoked in defense of the
+little homestead out upon the prairies.
+</p>
+
+<p>
+If some desperado should be acquitted because he invoked
+the constitutional requirement that he upon his trial must be
+confronted by the witnesses against him, remind those who
+criticise that this same provision is made for their sons who
+may to-morrow be unjustly charged with a crime; impress
+upon them that it is impossible to have one law for the
+guilty, and another for the innocent; and that under our
+Constitution, every man is presumed to be innocent until
+proven to be guilty.
+</p>
+
+<p>
+Then impress upon the people something of the wonderful
+growth of the Nation, the development of the Nation, and
+the progress of the Nation&mdash;all under the wise protection of
+the Constitution. To those who may be discouraged in the
+battle of life, and who may attribute their failure to the injustice
+of social conditions, point out what other men have
+done under the same conditions, with no better opportunity,
+and ask them to ponder the question as to whether their failure
+is not to be attributed largely to their own lack of energy
+and determination.<note place='foot'><q>Americanization
+always implies obligation; free choice determines
+its acceptance, and its extension must come through avenues of
+intelligent comprehension rather than through physical or governmental
+domination.</q>&mdash;Winthrop Talbot.</note>
+</p>
+
+<p>
+And if they point out abuses which do exist, ask them to
+aid in eliminating these abuses. If half the energy which
+is exerted by earnest, but misguided people, in efforts to tear
+down our form of government, were honestly applied in an
+effort to remedy existing evils in a constitutional way, these
+people would show that they were patriots, and at the same
+time they would accomplish something for their country and
+their fellowmen.<note place='foot'><p><q>The fundamental
+evil in this country is the lack of sufficiently
+general appreciation of the responsibility of citizenship.</q>&mdash;Theodore
+Roosevelt.
+</p>
+<p>
+Teachers of children may well place greater emphasis on <emph>ideals</emph>,
+<emph>character</emph>, and <emph>personality</emph> as factors in the making of a Nation. Teachers
+ought to lay greater stress on biography in the teaching of history, civics,
+and citizenship. Teach children both to know and to love Washington,
+Lincoln, and Roosevelt. Teach older pupils and students to realize that
+the aims, ideals, and achievements of a Nation can never be higher than
+the aims, ideals, and achievements of the individuals comprising that
+Nation. To know the lives and characters of America's great men and
+women is to know American history, for they made American history
+what it is. Young people enjoy the study of great characters. We all
+retain a love for heroes and heroines however old we grow. Such study
+adds color and life to history and government and humanizes the entire
+subject. Teach lives and institutions rather than mere facts. Inculcate
+into the lives of boys and girls, and of men and women, a love for our
+country, for the men and women who made it, and for the institutions in
+which they have a part. Teach them that patriotism and loyalty are
+not duties only, but are rather the highest privileges given to the people
+of a republic.</p></note>
+</p>
+
+<p>
+<emph>Too long have we been silent</emph> while the enemies of our
+<pb n='211'/><anchor id='Pg211'/>
+country have poisoned the minds of youth, yea, and of manhood
+and womanhood, with the gospel of treason.
+</p>
+
+<p>
+Those who despise and condemn the Constitution have in
+the past ten years had more earnest students of their vicious
+doctrines than have those who uphold the Constitution and
+prize their liberties which the Constitution guards and protects.
+</p>
+
+<p>
+All over the land earnest men and women are endeavoring
+to teach the great truth of Americanism, and with substantial
+success; but those who understand human nature realize that
+the faith of our fathers can only be firmly established by
+lighting the fires of patriotism and loyalty in the hearts of
+our children. Through them the great truths of our National
+life can be brought into the homes of the land.
+</p>
+
+<p>
+And the Nation will never be safe until the Constitution
+is carried into the homes, until at every fireside young and
+old shall feel a new sense of security in the guaranties which
+are found in this great charter of human liberty, and a new
+feeling of gratitude for the blessings which it assures to this,
+and to all future generations.
+</p>
+
+</div>
+
+<pb n='213'/><anchor id='Pg213'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Declaration Of Independence</head>
+
+<p>
+When in the Course of human events, it becomes necessary for one
+people to dissolve the political bands which have connected them with
+another, and to assume among the Powers of the earth, the separate
+and equal station to which the Laws of Nature and of Nature's God
+entitle them, a decent respect to the opinions of mankind requires that
+they should declare the causes which impel them to the separation.
+</p>
+
+<p>
+We hold these truths to be self-evident, that all men are created equal,
+that they are endowed by their Creator with certain unalienable Rights,
+that among these are Life, Liberty and the pursuit of Happiness. That
+to secure these rights, Governments are instituted among Men, deriving
+their just powers from the consent of the governed. That whenever any
+form of Government becomes destructive of these ends, it is the Right
+of the People to alter or abolish it, and to institute new Government,
+laying its foundation on such principles and organizing its powers in such
+form, as to them shall seem most likely to effect their Safety and Happiness.
+Prudence, indeed, will dictate that Governments long established
+should not be changed for light and transient causes; and accordingly all
+experience hath shown, that mankind are more disposed to suffer, while
+evils are sufferable, than to right themselves by abolishing the forms to
+which they are accustomed. But when a long train of abuses and usurpations,
+pursuing invariably the same Object evinces a design to reduce them
+under absolute Despotism, it is their right, it is their duty, to throw off
+such Government, and to provide new Guards for their future security.&mdash;Such
+has been the patient sufferance of these Colonies; and such is now
+the necessity which constrains them to alter their former Systems of
+Government. The history of the present King of Great Britain is a
+history of repeated injuries and usurpations, all having in direct object
+the establishment of an absolute Tyranny over these States. To prove
+this, let Facts be submitted to a candid world.
+</p>
+
+<p>
+He has refused his Assent to Laws, the most wholesome and necessary
+for the public good.
+</p>
+
+<p>
+He has forbidden his Governors to pass Laws of immediate and pressing
+importance, unless suspended in their operation till his Assent should
+be obtained; and when so suspended, he has utterly neglected to attend
+to them.
+</p>
+
+<p>
+He has refused to pass other Laws for the accommodation of large
+districts of people, unless those people would relinquish the right of Representation
+in the Legislature, a right inestimable to them and formidable
+to tyrants only.
+</p>
+
+<p>
+He has called together legislative bodies at places unusual, uncomfortable,
+and distant from the depository of their Public Records, for
+the sole purpose of fatiguing them into compliance with his measures.
+</p>
+
+<p>
+He has dissolved Representative Houses repeatedly, for opposing with
+manly firmness his invasion on the rights of the people.
+</p>
+
+<p>
+He has refused for a long time, after such dissolutions, to cause others
+to be elected; whereby the Legislative Powers, incapable of Annihilation,
+have returned to the People at large for their exercise; the State remaining
+<pb n='214'/><anchor id='Pg214'/>
+in the mean time exposed to all the dangers of invasion from without,
+and convulsions within.
+</p>
+
+<p>
+He has endeavoured to prevent the population of these States; for that
+purpose obstructing the Laws for Naturalization of Foreigners; refusing
+to pass others to encourage their migration hither, and raising the
+conditions of new Appropriations of Lands.
+</p>
+
+<p>
+He has obstructed the Administration of Justice, by refusing his
+Assent to Laws for establishing Judiciary Powers.
+</p>
+
+<p>
+He has made Judges dependent on his Will alone, for the tenure of
+their offices, and the amount and payment of their salaries.
+</p>
+
+<p>
+He has erected a multitude of New Offices, and sent hither swarms of
+officers to harass our People, and eat out their substance.
+</p>
+
+<p>
+He has kept among us, in times of peace, Standing Armies without
+the Consent of our legislature.
+</p>
+
+<p>
+He has affected to render the Military independent of and superior
+to the Civil Power.
+</p>
+
+<p>
+He has combined with others to subject us to a jurisdiction foreign to
+our constitution, and unacknowledged by our laws; giving his Assent to
+their Acts of pretended Legislation:
+</p>
+
+<p>
+For quartering large bodies of armed troops among us:
+</p>
+
+<p>
+For protecting them, by a mock Trial, from Punishment for any Murders
+which they should commit on the Inhabitants of these States:
+</p>
+
+<p>
+For cutting off our Trade with all parts of the world:
+</p>
+
+<p>
+For imposing taxes on us without our Consent:
+</p>
+
+<p>
+For depriving us in many cases, of the benefits of Trial by Jury:
+</p>
+
+<p>
+For transporting us beyond Seas to be tried for pretended offences:
+</p>
+
+<p>
+For abolishing the free System of English Laws in a neighbouring
+Province, establishing therein an Arbitrary government, and enlarging its
+Boundaries so as to render it at once an example and fit instrument for
+introducing the same absolute rule into these Colonies.
+</p>
+
+<p>
+For taking away our Charters, abolishing our most valuable Laws,
+and altering fundamentally the Forms of our Government:
+</p>
+
+<p>
+For suspending our own Legislatures, and declaring themselves invested
+with Power to legislate for us in all cases whatsoever.
+</p>
+
+<p>
+He has abdicated Government here, by declaring us out of his Protection
+and waging War against us.
+</p>
+
+<p>
+He has plundered our seas, ravaged our Coasts, burnt our towns, and
+destroyed the lives of our people.
+</p>
+
+<p>
+He is at this time transporting large armies of foreign mercenaries to
+compleat the works of death, desolation and tyranny, already begun with
+circumstances of Cruelty &amp; perfidy scarcely parallel in the most barbarous
+ages, and totally unworthy the Head of a civilized nation.
+</p>
+
+<p>
+He has constrained our fellow Citizens taken Captive on the high
+Seas to bear Arms against their Country, to become the executioners of
+their friends and Brethren, or to fall themselves by their Hands.
+</p>
+
+<p>
+He has excited domestic insurrections amongst us, and has endeavoured
+to bring on the inhabitants of our frontiers, the merciless Indian Savages,
+whose known rule of warfare, is an undistinguished destruction of
+all ages, sexes and conditions.
+</p>
+
+<p>
+In every stage of these Oppressions We have Petitioned for Redress
+in the most humble terms: Our repeated Petitions have been answered
+only by repeated injury. A Prince, whose character is thus marked by
+every act which may define a Tyrant, is unfit to be the ruler of a
+free People.
+</p>
+
+<pb n='215'/><anchor id='Pg215'/>
+
+<p>
+Nor have We been wanting in attention to our British brethren. We
+have warned them from time to time of attempts by their legislature to
+extend an unwarrantable jurisdiction over us. We have reminded them
+of the circumstances of our emigration and settlement here. We have
+appealed to their native justice and magnanimity, and we have conjured
+them by the ties of our common kindred to disavow these
+usurpations, which would inevitably interrupt our connections and correspondence.
+They too have been deaf to the voice of justice and of consanguinity.
+We must, therefore, acquiesce in the necessity, which denounces
+our Separation, and hold them, as we hold the rest of mankind,
+Enemies in War, in Peace Friends.
+</p>
+
+<p>
+We, therefore, the Representatives of the united States of America, in
+General Congress, Assembled, appealing to the Supreme Judge of the
+world for the rectitude of our intentions, do, in the Name, and by
+Authority of the good People of these Colonies, solemnly publish and
+declare, That these United Colonies are, and of Right ought to be Free
+and Independent States; that they are Absolved from all Allegiance to
+the British Crown, and that all political connection between them and
+the State of Great Britain, is and ought to be totally dissolved; and that
+as Free and Independent States, they have full Power to levy War,
+conclude Peace, contract Alliances, establish Commerce, and to do all
+other Acts and Things which Independent States may of right do. And
+for the support of this Declaration, with a firm reliance on the Protection
+of Divine Providence, we mutually pledge to each other our Lives,
+our Fortunes and our sacred Honor.
+</p>
+
+</div>
+
+<pb n='217'/><anchor id='Pg217'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Constitution Of The United States</head>
+
+<p>
+We the People of the United States, in Order to form a more perfect
+Union, establish Justice, insure domestic Tranquility, provide for the
+common defence, promote the general Welfare, and secure the Blessings
+of Liberty to ourselves and our Posterity, do ordain and establish this
+CONSTITUTION for the United States of America.
+</p>
+
+<p>
+ARTICLE I.
+</p>
+
+<p>
+Section 1. All legislative Powers herein granted shall be vested in a
+Congress of the United States, which shall consist of a Senate and
+House of Representatives.
+</p>
+
+<p>
+Section 2. The House of Representatives shall be composed of Members
+chosen every second Year by the People of the several States, and
+the Electors in each State shall have the Qualification requisite for
+Electors of the most numerous Branch of the State Legislature.
+</p>
+
+<p>
+No Person shall be a Representative who shall not have attained to
+the Age of twenty-five Years, and been seven Years a Citizen of the
+United States, and who shall not, when elected, be an Inhabitant of that
+State in which he shall be chosen.
+</p>
+
+<p>
+Representatives and direct Taxes shall be apportioned among the
+several States which may be included within this Union, according to
+their respective Numbers, which shall be determined by adding to the
+whole Number of free Persons, including those bound to Service for a
+Term of Years, and excluding Indians not taxed, three-fifths of all
+other Persons. The actual Enumeration shall be made within three
+Years after the first meeting of the Congress of the United States, and
+within every subsequent Term of ten Years, in such Manner as they
+shall by Law direct. The Number of Representatives shall not exceed
+one for every thirty Thousand, but each State shall have at Least one
+Representative; and until such enumeration shall be made, the State of
+New Hampshire shall be entitled to chuse three, Massachusetts eight,
+Rhode Island and Providence Plantations one, Connecticut five, New
+York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland
+six, Virginia ten, North Carolina five, South Carolina five, and
+Georgia three.
+</p>
+
+<p>
+When vacancies happen in the Representation from any State, the
+Executive Authority thereof shall issue Writs of Election, to fill such
+Vacancies.
+</p>
+
+<p>
+The House of Representatives shall chuse their Speaker and other
+Officers; and shall have the sole Power of Impeachment.
+</p>
+
+<p>
+Section 3. The Senate of the United States shall be composed
+of two Senators from each State, chosen by the Legislatures thereof,
+for six Years; and each Senator shall have one Vote.
+</p>
+
+<p>
+Immediately after they shall be assembled in Consequence of the first
+Election, they shall be divided as equally as may be into three Classes.
+The Seats of the Senators of the first Class shall be vacated at the
+Expiration of the second Year, of the second Class at the Expiration of the
+fourth Year, and of the third Class at the Expiration of the sixth Year,
+so that one-third may be chosen every second Year; and if Vacancies
+happen by Resignation, or otherwise, during the Recess of the Legislature
+<pb n='218'/><anchor id='Pg218'/>
+of any State, the Executive thereof may make temporary Appointments
+(until the next Meeting of the Legislature, which shall then fill
+such Vacancies).
+</p>
+
+<p>
+No Person shall be a Senator who shall not have attained to the Age
+of thirty Years, and been nine Years a Citizen of the United States,
+and who shall not, when elected, be an Inhabitant of that State for
+which he shall be chosen.
+</p>
+
+<p>
+The Vice President of the United States shall be President of the
+Senate, but shall have no Vote, unless they be equally divided.
+</p>
+
+<p>
+The Senate shall chuse their other Officers, and also a President pro
+tempore, in the absence of the Vice President, or when he shall exercise
+the Office of President of the United States.
+</p>
+
+<p>
+The Senate shall have the sole Power to try all Impeachments. When
+sitting for that Purpose, they shall be on Oath or Affirmation. When
+the President of the United States is tried, the Chief Justice shall preside:
+And no Person shall be convicted without the Concurrence of two-thirds
+of the Members present.
+</p>
+
+<p>
+Judgment in Cases of Impeachment shall not extend further than to
+removal from Office, and disqualification to hold and enjoy any Office
+of honor, Trust or Profit under the United States: but the Party convicted
+shall nevertheless be liable and subject to Indictment, Trial, Judgment
+and Punishment, according to Law.
+</p>
+
+<p>
+Section 4. The Times, Places and Manner of holding Elections for
+Senators and Representatives, shall be prescribed in each State by the
+Legislature thereof; but the Congress may at any time by Law make or
+alter such Regulations, except as to the Places of chusing Senators.
+</p>
+
+<p>
+The Congress shall assemble at least once in every Year, and such
+Meeting shall be on the first Monday in December, unless they shall by
+Law appoint a different Day.
+</p>
+
+<p>
+Section 5. Each House shall be the Judge of the Elections, Returns
+and Qualifications of its own Members, and a Majority of each shall
+constitute a Quorum to do Business; but a smaller Number may adjourn
+from day to day, and may be authorized to compel the Attendance of
+absent Members, in such Manner, and under such Penalties as each
+House may provide.
+</p>
+
+<p>
+Each House may determine the Rules of its Proceedings, punish its
+Members for disorderly Behavior, and, with the Concurrence of two-thirds,
+expel a Member.
+</p>
+
+<p>
+Each House shall keep a Journal of its Proceedings, and from time
+to time publish the same, excepting such Parts as may in their Judgment
+require Secrecy; and the Yeas and Nays of the Members of either
+House on any question shall, at the Desire of one-fifth of those Present,
+be entered on the Journal.
+</p>
+
+<p>
+Neither House, during the Session of Congress, shall, without the
+Consent of the other, adjourn for more than three days, nor to any
+other Place than that in which the two Houses shall be sitting.
+</p>
+
+<p>
+Section 6. The Senators and Representatives shall receive a Compensation
+for their Services, to be ascertained by Law, and paid out of
+the Treasury of the United States. They shall in all Cases, except
+Treason, Felony and Breach of the Peace, be privileged from Arrest
+during their Attendance at the Session of their respective Houses, and
+in going to and returning from the same; and for any Speech or
+Debate in either House, they shall not be questioned in any other Place.
+</p>
+
+<p>
+No Senator or Representative shall, during the Time for which he
+<pb n='219'/><anchor id='Pg219'/>
+was elected, be appointed to any civil Office under the Authority of the
+United States, which shall have been created, or the Emoluments whereof
+shall have been increased during such time; and no Person holding any
+Office under the United States, shall be a Member of either House during
+his Continuance in Office.
+</p>
+
+<p>
+Section 7. All Bills for raising Revenue shall originate in the House
+of Representatives; but the Senate may propose or concur with Amendments
+as on other Bills.
+</p>
+
+<p>
+Every Bill which shall have passed the House of Representatives and
+the Senate, shall, before it become a Law, be presented to the President
+of the United States. If he approve he shall sign it, but if not, he shall
+return it, with his Objections to that House in which it shall have
+originated, who shall enter the Objections at large on their Journal, and
+proceed to reconsider it. If after such Reconsideration two thirds of
+that House shall agree to pass the Bill, it shall be sent, together
+with the Objections, to the other House, by which it shall likewise be
+reconsidered, and if approved by two thirds of that House, it shall become
+a Law. But in all such Cases the Votes of both Houses shall be
+determined by Yeas and Nays, and the Names of the Persons voting for
+and against the Bill shall be entered on the Journal of each House
+respectively. If any Bill shall not be returned by the President within ten
+Days (Sundays excepted) after it shall have been presented to him, the
+Same shall be a Law, in like Manner as if he had signed it, unless the
+Congress by their Adjournment prevent its Return, in which Case it
+shall not be a Law.
+</p>
+
+<p>
+Every Order, Resolution, or Vote to which the Concurrence of the
+Senate and House of Representatives may be necessary (except on a
+question of Adjournment) shall be presented to the President of the
+United States; and before the Same shall take Effect, shall be approved
+by him, or being disapproved by him, shall be repassed by two thirds of
+the Senate and House of Representatives, according to the Rules and
+Limitations prescribed in the Case of a Bill.
+</p>
+
+<p>
+Section 8. The Congress shall have Power to lay and collect Taxes,
+Duties, Imposts and Excises, to pay the Debts and provide for the common
+Defence and general Welfare of the United States; but all Duties,
+Imposts and Excises shall be uniform throughout the United States;
+</p>
+
+<p>
+To borrow money on the credit of the United States;
+</p>
+
+<p>
+To regulate Commerce with foreign Nations, and among the Several
+States, and with the Indian Tribes;
+</p>
+
+<p>
+To establish an uniform Rule of Naturalization, and uniform Laws
+on the subject of Bankruptcies throughout the United States;
+</p>
+
+<p>
+To coin Money, regulate the Value thereof, and of foreign Coin, and
+fix the Standard of Weights and Measures;
+</p>
+
+<p>
+To provide for the Punishment of counterfeiting the Securities and
+current Coin of the United States;
+</p>
+
+<p>
+To establish Post Offices and post Roads;
+</p>
+
+<p>
+To promote the Progress of Science and useful Arts, by securing for
+limited Times to Authors and Inventors the exclusive Right to their
+respective Writings and Discoveries;
+</p>
+
+<p>
+To constitute Tribunals inferior to the supreme Court;
+</p>
+
+<p>
+To define and punish Piracies and Felonies committed on the high
+Seas and Offences against the Law of Nations;
+</p>
+
+<p>
+To declare War, grant Letters of Marque and Reprisal, and make
+Rules concerning Captures on Land and Water;
+</p>
+
+<pb n='220'/><anchor id='Pg220'/>
+
+<p>
+To raise and support Armies, but no Appropriation of Money to that
+Use shall be for a longer Term than two Years;
+</p>
+
+<p>
+To provide and maintain a Navy;
+</p>
+
+<p>
+To make Rules for the Government and Regulation of the land
+and naval Forces;
+</p>
+
+<p>
+To provide for calling forth the Militia to execute the Laws of the
+Union, suppress Insurrections and repel Invasions;
+</p>
+
+<p>
+To provide for organizing, arming, and disciplining the Militia, and
+for governing such Part of them as may be employed in the Service
+of the United States, reserving to the States respectively, the Appointment
+of the Officers, and the Authority of training the Militia according
+to the discipline prescribed by Congress;
+</p>
+
+<p>
+To exercise exclusive Legislation in all Cases whatsoever, over such
+District (not exceeding ten Miles square) as may, by Cession of particular
+States, and the acceptance of Congress, become the Seat of
+the Government of the United States, and to exercise like Authority
+over all Places purchased by the Consent of the Legislature of the
+State in which the Same shall be, for the Erection of Forts, Magazines,
+Arsenals, Dock-Yards and other needful Buildings;&mdash;And
+</p>
+
+<p>
+To make all Laws which shall be necessary and proper for carrying
+into Execution the foregoing Powers, and all other Powers vested
+by this Constitution in the Government of the United States, or in any
+Department or Officer thereof.
+</p>
+
+<p>
+Section 9. The Migration or Importation of such Persons as any of
+the States now existing shall think proper to admit, shall not be prohibited
+by the Congress prior to the Year one thousand eight hundred
+and eight, but a tax or duty may be imposed on such Importation, not
+exceeding ten dollars for each Person.
+</p>
+
+<p>
+The Privilege of the Writ of Habeas Corpus shall not be suspended,
+unless when in Cases of Rebellion or Invasion the public Safety may
+require it.
+</p>
+
+<p>
+No Bill of Attainder or ex post facto Law shall be passed.
+</p>
+
+<p>
+No Capitation, or other direct Tax shall be laid, unless in Proportion to
+the Census or Enumeration herein before directed to be taken.
+</p>
+
+<p>
+No tax or Duty shall be laid on Articles exported from any State.
+</p>
+
+<p>
+No Preference shall be given by any Regulation of Commerce or
+Revenue to the Ports of one State over those of another; nor shall Vessels
+bound to, or from, one State, be obliged to enter, clear, or pay Duties
+in another.
+</p>
+
+<p>
+No Money shall be drawn from the Treasury, but in Consequence of
+Appropriations made by Law; and a regular Statement and Account
+of the Receipts and Expenditures of all Public Money shall be published
+from time to time.
+</p>
+
+<p>
+No Title of Nobility shall be granted by the United States: And no
+Person holding any Office of Profit or Trust under them, shall, without
+the Consent of the Congress, accept of any present, Emolument, Office,
+or Title, of any kind whatever, from any King, Prince, or Foreign State.
+</p>
+
+<p>
+Section 10. No State shall enter into any Treaty, Alliance, or Confederation;
+grant Letters of Marque and Reprisal; coin Money; emit
+Bills of Credit; make anything but gold and silver Coin a Tender in Payment
+of Debts; pass any Bill of Attainder, ex post facto law, or Law impairing
+the Obligation of Contracts, or grant any Title of Nobility.
+</p>
+
+<p>
+No State shall, without the Consent of the Congress, lay any Imposts
+or Duties on Imports or Exports, except what may be absolutely necessary
+<pb n='221'/><anchor id='Pg221'/>
+for executing its inspection. Laws: and the net Produce of all
+Duties and Imposts, laid by any State on Imports or Exports, shall be for
+the Use of the Treasury of the United States; and all of such Laws
+shall be subject to the Revision and Control of the Congress.
+</p>
+
+<p>
+No State shall, without the Consent of Congress, lay any duty of Tonnage,
+keep Troops, or Ships of War in time of Peace, enter into any
+Agreement or Compact with another State, or with a foreign Power, or
+engage in War, unless actually invaded, or in such imminent Danger as
+will not admit of Delay.
+</p>
+
+<p>
+ARTICLE II.
+</p>
+
+<p>
+The executive Power shall be vested in a President of the United
+States of America. He shall hold his Office during the Term of Four
+Years, and, together with the Vice President, chosen for the same Term,
+be elected, as follows
+</p>
+
+<p>
+Each State shall appoint, in such Manner as the Legislature thereof
+may direct, a Number of Electors, equal to the whole Number of Senators
+and Representatives to which the State may be entitled in the
+Congress: but no Senator or Representative, or person holding an Office
+of Trust or Profit under the United States, shall be appointed as Elector.
+</p>
+
+<p>
+The Electors shall meet in their respective States, and vote by Ballot
+for two persons, of whom one at least shall not be an Inhabitant of the
+same State with themselves. And they shall make a List of all the
+Persons voted for, and of the Number of Votes for each; which List they
+shall sign and certify, and transmit sealed to the Seat of the Government
+of the United States, directed to the President of the Senate. The President
+of the Senate shall, in the Presence of the Senate and House of
+Representatives, open all the Certificates, and the Votes shall then be
+counted. The Person having the greatest Number of Votes shall be the
+President, if such Number be a Majority of the whole Number of Electors
+appointed; and if there be more than one who have such Majority, and
+have an equal Number of Votes, then the House of Representatives shall
+immediately chuse by Ballot one of them for President; and if no Person
+have a Majority, then from the five highest on the List the said House
+shall in like Manner chuse the President. But in chusing the President,
+the Votes shall be taken by States, the Representation from each State
+having one Vote; A quorum for this Purpose shall consist of a Member
+or Members from two-thirds of the States, and a Majority of all the States
+shall be necessary to a Choice. In every Case, After the Choice of the
+President, the Person having the greatest number of Votes of the Electors
+shall be the Vice President. But if there should remain two or
+more who have equal Votes, the Senate shall chuse from them by Ballot
+the Vice President.
+</p>
+
+<p>
+The Congress may determine the Time of chusing the Electors, and the
+Day on which they shall give their Votes; which Day shall be the same
+throughout the United States.
+</p>
+
+<p>
+No person except a natural born Citizen, or a Citizen of the United
+States, at the time of the Adoption of this Constitution, shall be eligible
+to the Office of President; neither shall any Person be eligible to that
+Office who shall not have attained the age of thirty-five years, and been
+fourteen Years a Resident within the United States.
+</p>
+
+<p>
+In Case of the Removal of the President from Office, or of his Death,
+Resignation or Inability to discharge the Powers and Duties of said
+Office, the Same shall devolve on the Vice President, and the Congress
+may by Law provide for the Case of Removal, Death, Resignations, or
+<pb n='222'/><anchor id='Pg222'/>
+Inability, both of the President and Vice President, declaring what Officer
+shall then act as President, and such Officer shall act accordingly, until
+the Disability be removed, or a President shall be elected.
+</p>
+
+<p>
+The President shall, at stated Times, receive for his Services, a Compensation,
+which shall neither be increased nor diminished during the
+Period for which he shall have been elected, and he shall not receive
+within that Period any other Emolument from the United States, or any
+of them.
+</p>
+
+<p>
+Before he enter on the Execution of his Office, he shall take the following
+Oath or Affirmation:&mdash;<q>I do solemnly swear (or affirm) that I
+will faithfully execute the Office of President of the United States, and
+will to the best of my Ability, preserve, protect and defend the Constitution
+of the United States.</q>
+</p>
+
+<p>
+Section 2. The President shall be Commander in Chief of the Army
+and Navy of the United States, and of the Militia of the several States,
+when called into the actual Service of the United States; he may require
+the Opinion, in writing, of the principal Officer in each of the
+executive Departments, upon any Subject relating to the Duties of their
+respective Offices, and he shall have Power to grant Reprieves and
+Pardons for Offences against the United States, except in Cases of Impeachment.
+</p>
+
+<p>
+He shall have Power, by and with the Advice and Consent of the
+Senate, to make Treaties, provided two thirds of the Senators present
+concur; and he shall nominate, and by and with the Advice and Consent
+of the Senate, shall appoint Ambassadors, other public Ministers and
+Consuls, Judges of the supreme Court, and all other Officers of the
+United States, whose Appointments are not herein otherwise provided
+for, and which shall be established by Law: but the Congress may by
+Law vest the Appointment of such inferior Officers, as they think proper,
+in the President alone, in the Courts of Law, or in the Heads of Departments.
+</p>
+
+<p>
+The President shall have Power to fill up all Vacancies that may
+happen during the recess of the Senate, by granting Commissions which
+shall expire at the End of their next Session.
+</p>
+
+<p>
+Section 3. He shall from time to time give to the Congress Information
+of the state of the Union, and recommend to their Consideration such
+Measures as he shall judge necessary and expedient; he may, on extraordinary
+Occasions, convene both Houses, or either of them, and in Case
+of Disagreement between them, with Respect to the Time of Adjournment,
+he may adjourn them to such Time as he shall think proper;
+he shall receive Ambassadors and other public Ministers; he shall take
+Care that the Laws be faithfully executed, and shall Commission all the
+Officers of the United States.
+</p>
+
+<p>
+Section 4. The President, Vice President and all civil Officers of the
+United States, shall be removed from Office on Impeachment for, and
+Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
+</p>
+
+<p>
+ARTICLE III.
+</p>
+
+<p>
+Section 1. The judicial Power of the United States shall be vested in
+one supreme Court, and in such inferior Courts as the Congress may
+from time to time ordain and establish. The Judges, both of the
+supreme and inferior Courts, shall hold their Offices during good Behaviour,
+and shall, at stated Times, receive for their Services, a Compensation
+<pb n='223'/><anchor id='Pg223'/>
+which shall not be diminished during their Continuance in
+Office.
+</p>
+
+<p>
+Section 2. The judicial Power shall extend to all Cases, in Law and
+Equity, arising under this Constitution, the Laws of the United States,
+and Treaties made, or which shall be made, under their Authority;&mdash;to
+all Cases affecting Ambassadors, other public Ministers and Consuls;&mdash;to
+all Cases of admiralty and maritime Jurisdiction;&mdash;to Controversies
+to which the United States, shall be a party;&mdash;to Controversies
+between two or more States;&mdash;between a State and Citizens of another
+State;&mdash;between Citizens of different States;&mdash;between Citizens of the
+same State claiming Lands under Grants of different States, and between
+a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
+</p>
+
+<p>
+In all Cases affecting Ambassadors, other public Ministers and Consuls,
+and those in which a State shall be a Party, the supreme Court shall
+have original Jurisdiction. In all the other Cases before mentioned,
+the supreme Court shall have appellate Jurisdiction, both as to Law
+and Fact, with such Exceptions, and under such Regulations as the
+Congress shall make.
+</p>
+
+<p>
+The trial of all Crimes, except in Cases of Impeachment, shall be by
+Jury, and such Trial shall be held in the State where the said Crimes
+shall have been committed; but when not committed within any State,
+the Trial shall be at such Place or Places as the Congress may by Law
+have directed.
+</p>
+
+<p>
+Section 3. Treason against the United States, shall consist only in
+levying War against them, or in adhering to their Enemies, giving them
+Aid and Comfort. No person shall be convicted of Treason unless on
+the Testimony of two Witnesses to the same overt Act, or on Confession
+in open Court.
+</p>
+
+<p>
+The Congress shall have power to declare the Punishment of Treason,
+but no Attainder of Treason shall work Corruption of Blood, or Forfeiture
+except during the Life of the Person attainted.
+</p>
+
+<p>
+ARTICLE IV.
+</p>
+
+<p>
+Section 1. Full Faith and Credit shall be given in each State to the
+public Acts, Records and judicial Proceedings of every other State. And
+the Congress may by general Laws prescribe the Manner in which such
+Acts, Records and Proceedings shall be proved, and the Effect thereon.
+</p>
+
+<p>
+Section 2. The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.
+</p>
+
+<p>
+A Person charged in any State with Treason, Felony, or other Crime,
+who shall flee from Justice, and be found in another State, shall on
+demand of the executive Authority of the State from which he fled, be
+delivered up, to be removed to the State having Jurisdiction of the Crime.
+</p>
+
+<p>
+No Person held to Service or Labour in one State, under the Laws
+thereof, escaping into another, shall, in Consequence of any Law or
+Regulation therein, be discharged from such service or Labour, but
+shall be delivered up on Claim of the Party to whom such Service or
+Labour may be due.
+</p>
+
+<p>
+Section 8. New States may be admitted by the Congress into this
+Union; but no new State shall be formed or erected within the Jurisdiction
+of any other State; nor any State be formed by the Junction of two
+or more States, or parts of States, without the Consent of the Legislatures
+of the States concerned as well as of the Congress.
+</p>
+
+<pb n='224'/><anchor id='Pg224'/>
+
+<p>
+The Congress shall have Power to dispose of and make all needful
+Rules and Regulations respecting the Territory or other property belonging
+to the United States; and nothing in this Constitution shall be so
+construed as to Prejudice any Claims of the United States, or of any
+particular State.
+</p>
+
+<p>
+Section 4. The United States shall guarantee to every State in this
+Union a Republican Form of Government, and shall protect each of
+them against invasion; and on Application of the Legislature, or of the
+Executive (when the Legislature cannot be convened) against domestic
+Violence.
+</p>
+
+<p>
+ARTICLE V.
+</p>
+
+<p>
+The Congress, whenever two thirds of both Houses shall deem it necessary,
+shall propose Amendments to this Constitution, or, on the Application
+of the Legislatures of two thirds of the several States, shall call a
+Convention for proposing Amendments, which, in either Case, shall be
+valid to all Intents and Purposes, as Part of this Constitution, when
+ratified by the Legislatures of three-fourths of the several States, or by
+Conventions in three-fourths thereof, as the one or the other Mode of
+Ratification may be proposed by the Congress; Provided that no Amendment
+which may be made prior to the Year One thousand eight hundred
+and eight shall in any Manner affect the first and fourth Clauses in the
+Ninth Section of the first Article; and that no State, without its Consent,
+shall be deprived of its equal Suffrage in the Senate.
+</p>
+
+<p>
+ARTICLE VI.
+</p>
+
+<p>
+All Debts contracted and Engagements entered into, before the Adoption
+of this Constitution, shall be as valid against the United States
+under this Constitution, as under the Confederation.
+</p>
+
+<p>
+This Constitution, and the Laws of the United States which shall be
+made in Pursuance thereof; and all Treaties made, or which shall be
+made, under the Authority of the United States, shall be the supreme
+Law of the Land; and the Judges in every State shall be bound thereby,
+any Thing in the Constitution or Laws of any State to the Contrary
+notwithstanding.
+</p>
+
+<p>
+The Senators and Representatives before mentioned, and the Members
+of the several State Legislatures, and all executive and judicial
+Officers, both of the United States and of the several States, shall be
+bound by Oath or Affirmation, to support this Constitution; but no religious
+Test shall ever be required as a Qualification to any Office or public
+Trust under the United States.
+</p>
+
+<p>
+ARTICLE VII.
+</p>
+
+<p>
+The Ratification of the Conventions of nine States shall be sufficient
+for the Establishment of this Constitution between the States so ratifying
+the Same.
+</p>
+
+<p>
+DONE in Convention by the Unanimous Consent of the States present
+the Seventeenth Day of September in the Year of our Lord one thousand
+seven hundred and Eighty seven, and of the Independence of the United
+States of America the Twelfth. In Witness whereof We have hereunto
+subscribed our Names,
+</p>
+
+<p>
+Go. Washington
+</p>
+
+<p>
+Presidt. and Deputy from Virginia
+</p>
+
+</div>
+
+<pb n='225'/><anchor id='Pg225'/>
+
+<div rend='page-break-before: always'>
+<index index='toc'/>
+<index index='pdf'/>
+<head>Articles In Addition To, And Amendment Of The Constitution Of
+The United States Of America, Proposed By Congress, And Ratified
+By The Legislatures Of The Several States Pursuant To The Fifth
+Article Of The Original Constitution</head>
+
+<p>
+ARTICLE I.
+</p>
+
+<p>
+Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof; or abridging the freedom of speech,
+or of the press; or the right of the people peaceably to assemble, and to
+petition the Government for a redress of grievances.
+</p>
+
+<p>
+ARTICLE II.
+</p>
+
+<p>
+A well regulated Militia, being necessary to the security of a free
+State, the right of the people to keep and bear Arms, shall not be infringed.
+</p>
+
+<p>
+ARTICLE III.
+</p>
+
+<p>
+No Soldier shall, in time of peace, be quartered in any house, without
+the consent of the Owner, nor in time of war, but in a manner to be
+prescribed by law.
+</p>
+
+<p>
+ARTICLE IV.
+</p>
+
+<p>
+The right of the people to be secure in their persons, houses, papers,
+and effects, against unreasonable searches and seizures, shall not be
+violated, and no Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing the place to
+be searched, and the persons or things to be seized.
+</p>
+
+<p>
+ARTICLE V.
+</p>
+
+<p>
+No person shall be held to answer for a capital, or otherwise infamous
+crime, unless on a presentment or indictment of a Grand Jury,
+except in cases arising in the land or naval forces, or in the Militia,
+when in actual service in time of War or public danger; nor shall any
+person be subject for the same offence to be twice put in jeopardy of
+life or limb; nor shall be compelled in any criminal case to be a witness
+against himself, nor be deprived of life, liberty, or property, without
+due process of law; nor shall private property be taken for public use,
+without just compensation.
+</p>
+
+<p>
+ARTICLE VI.
+</p>
+
+<p>
+In all criminal prosecutions, the accused shall enjoy the right to a
+speedy and public trial, by an impartial jury, of the State and district
+wherein the crime shall have been committed, which district shall have
+been previously ascertained by law, and to be informed of the nature
+and cause of the accusation; to be confronted with the witnesses against
+him; to have compulsory process for obtaining witnesses in his favor,
+and to have the Assistance of Counsel for his defence.
+</p>
+
+<pb n='226'/><anchor id='Pg226'/>
+
+<p>
+ARTICLE VII.
+</p>
+
+<p>
+In suits at common law, where the value in controversy shall exceed
+twenty dollars, the right of trial by jury shall be preserved, and no
+fact tried by a jury shall be otherwise re-examined in any Court of the
+United States, than according to the rules of the common law.
+</p>
+
+<p>
+ARTICLE VIII.
+</p>
+
+<p>
+Excessive bail shall not be required, nor excessive fines imposed, nor
+cruel and unusual punishments inflicted.
+</p>
+
+<p>
+ARTICLE IX.
+</p>
+
+<p>
+The enumeration in the Constitution, of certain rights, shall not be
+construed to deny or disparage others retained by the people.
+</p>
+
+<p>
+ARTICLE X.
+</p>
+
+<p>
+The powers not delegated to the United States by the Constitution,
+nor prohibited by it to the States, are reserved to the States respectively,
+or to the people.
+</p>
+
+<p>
+ARTICLE XI.
+</p>
+
+<p>
+The Judicial power of the United States shall not be construed to
+extend to any suit in law or equity, commenced or prosecuted against
+one of the United States by Citizens of another State, or by Citizens or
+Subjects of any Foreign State.
+</p>
+
+<p>
+ARTICLE XII.
+</p>
+
+<p>
+The Electors shall meet in their respective states and vote by ballot
+for President and Vice-President, one of whom, at least, shall not be
+an inhabitant of the same state with themselves; they shall name in
+their ballots the person voted for as President, and in distinct ballots
+the person voted for as Vice-President, and they shall make distinct
+lists of all persons voted for as President, and of all persons voted for
+as Vice-President, and of the number of votes for each, which lists they
+shall sign and certify, and transmit sealed to the seat of the government
+of the United States, directed to the President of the Senate;&mdash;The
+President of the Senate shall, in presence of the Senate and House of
+Representatives, open all the certificates and the votes shall then be
+counted;&mdash;The person having the greatest number of votes for President,
+shall be the President, if such number be a majority of the whole number
+of Electors appointed; and if no person have such majority, then from
+the persons having the highest numbers not exceeding three on the list
+of those voted for as President, the House of Representatives shall choose
+immediately, by ballot, the President. But in choosing the President,
+the votes shall be taken by states, the representation from each state
+having one vote; a quorum for this purpose shall consist of a member
+or members from two-thirds of the states, and a majority of all the states
+shall be necessary to a choice. And if the House of Representatives
+shall not choose a President whenever the right of choice shall devolve
+upon them, before the fourth day of March next following, then the
+<pb n='227'/><anchor id='Pg227'/>
+Vice-President shall act as President, as in the case of the death or other
+constitutional disability of the President.&mdash;The person having the greatest
+number of votes as Vice-President, shall be the Vice-President, if
+such number be a majority of the whole number of Electors appointed,
+and if no person have a majority, then from the two highest numbers on
+the list, the Senate shall choose the Vice-President; a quorum for the
+purpose shall consist of two-thirds of the whole number of Senators, and
+a majority of the whole number shall be necessary to a choice. But
+no person constitutionally ineligible to the office of President shall be
+eligible to that of Vice-President of the United States.
+</p>
+
+<p>
+ARTICLE XIII.
+</p>
+
+<p>
+Section 1. Neither slavery nor involuntary servitude, except as a punishment
+for crime whereof the party shall have been duly convicted,
+shall exist within the United States, or any place subject to their jurisdiction.
+</p>
+
+<p>
+Section 2. Congress shall have power to enforce this article by appropriate
+legislation.
+</p>
+
+<p>
+ARTICLE XIV.
+</p>
+
+<p>
+Section 1. All persons born or naturalized in the United States, and
+subject to the jurisdiction thereof, are citizens of the United States and
+of the State wherein they reside. No State shall make or enforce any
+law which shall abridge the privileges or immunities of citizens of the
+United States; nor shall any State deprive any person of life, liberty,
+or property, without due process of law; nor deny to any person within
+its jurisdiction the equal protection of the laws.
+</p>
+
+<p>
+Section 2. Representatives shall be apportioned among the several
+States according to their respective numbers, counting the whole number
+of persons in each State, excluding Indians not taxed. But when the
+right to vote at any election for the choice of electors for President and
+Vice-President of the United States, Representatives in Congress, the
+Executive and Judicial officers of a State, or the members of the Legislature
+thereof, is denied to any of the male inhabitants of such State,
+being twenty-one years of age, and citizens of the United States, or in
+any way abridged, except for participation in rebellion, or other crime,
+the basis of representation therein shall be reduced in the proportion
+which the number of such male citizens shall bear to the whole number
+of male citizens twenty-one years of age in such State.
+</p>
+
+<p>
+Section 3. No person shall be a Senator or Representative in Congress,
+or elector of President and Vice-President, or hold any office,
+civil or military, under the United States, or under any State, who, having
+previously taken an oath, as a member of Congress, or as an officer
+of the United States, or as a member of any State Legislature, or as an
+executive or judicial officer of any State, to support the Constitution of
+the United States, shall have engaged in insurrection or rebellion against
+the same, or given aid or comfort to the enemies thereof. But Congress
+may, by a vote of two-thirds of each House, remove such disability.
+</p>
+
+<p>
+Section 4. The validity of the public debt of the United States, authorized
+by law, including debts incurred for payment of pensions and
+bounties for services in suppressing insurrection or rebellion, shall not
+be questioned. But neither the United States nor any other State shall
+<pb n='228'/><anchor id='Pg228'/>
+assume to pay any debt or obligation incurred in
+aid of insurrection or rebellion against the United States, or any
+claim for the loss or emancipation of any slave; but all such debts,
+obligations and claims shall be held illegal and void.
+</p>
+
+<p>
+Section 5. The Congress shall have power to enforce, by appropriate
+legislation, the provisions of this article.
+</p>
+
+<p>
+ARTICLE XV
+</p>
+
+<p>
+Section 1. The right of citizens of the United States to vote shall
+not be denied or abridged by the United States or by any State on
+account of race, color, or previous condition of servitude.
+</p>
+
+<p>
+Section 2. The Congress shall have power to enforce this article
+by appropriate legislation.
+</p>
+
+<p>
+ARTICLE XVI
+</p>
+
+<p>
+The Congress shall have power to lay and collect taxes on incomes,
+from whatever source derived, without apportionment among
+the several States, and without regard to any census or enumeration.
+</p>
+
+<p>
+ARTICLE XVII
+</p>
+
+<p>
+The Senate of the United States shall be composed of two Senators
+from each State, elected by the people thereof, for six years;
+and each Senator shall have one vote. The electors in each State
+shall have the qualifications requisite for electors of the most numerous
+branch of the State legislatures.
+</p>
+
+<p>
+When vacancies happen in the representation of any State in the
+Senate, the executive authority of such State shall issue writs of
+election to fill such vacancies: Provided, That the legislature of any
+State may empower the executive thereof to make temporary appointment
+until the people fill the vacancies by election as the legislature
+may direct.
+</p>
+
+<p>
+This amendment shall not be so construed as to affect the election
+or term of any Senator chosen before it becomes valid as part
+of the Constitution.
+</p>
+
+<p>
+ARTICLE XVIII
+</p>
+
+<p>
+Section 1. After one year from the ratification of this article the
+manufacture, sale, or transportation of intoxicating liquors within,
+the importation thereof into, or the exportation thereof from the
+United States and all territory subject to the jurisdiction thereof
+for beverages purposes is hereby prohibited.
+</p>
+
+<p>
+Section 2. The Congress and the several States shall have concurrent
+power to enforce this article by appropriate legislation.
+</p>
+
+<p>
+Section 3. This article shall be inoperative unless it shall have
+been ratified as an amendment to the Constitution by the legislatures
+of the several States, as provided in the Constitution, within
+seven years from the date of the submission hereof to the States by
+the Congress.
+</p>
+
+<p>
+ARTICLE XIX
+</p>
+
+<p>
+The right of citizens of the United States to vote shall not be
+denied or abridged by the United States or by any State on account
+of sex.
+</p>
+
+<p>
+Congress shall have power to enforce this article by appropriate
+legislation.
+</p>
+
+</div>
+
+</body>
+<back rend="page-break-before: right">
+  <div id="footnotes">
+    <index index="toc" />
+    <index index="pdf" />
+    <head>Footnotes</head>
+    <divGen type="footnotes"/>
+  </div>
+  <div rend="page-break-before: right">
+    <divGen type="pgfooter" />
+  </div>
+</back>
+</text>
+</TEI.2>
diff --git a/34839.txt b/34839.txt
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+++ b/34839.txt
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+The Project Gutenberg EBook of The Short Constitution by Martin J. Wade
+and William F. Russell
+
+
+
+This eBook is for the use of anyone anywhere at no cost and with almost no
+restrictions whatsoever. You may copy it, give it away or re-use it under
+the terms of the Project Gutenberg License included with this eBook or
+online at http://www.gutenberg.org/license
+
+
+
+Title: The Short Constitution
+
+Author: Martin J. Wade and William F. Russell
+
+Release Date: January 3, 2011 [Ebook #34839]
+
+Language: English
+
+Character set encoding: US-ASCII
+
+
+***START OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION***
+
+
+
+
+
+                          The Short Constitution
+
+                      Elementary Americanism Series
+
+   Being a Consideration of the Constitution of the United States, With
+  Particular Reference to the Guaranties of Life, Liberty, and Property
+        Contained Therein, Sometimes Designated The Bill Of Rights
+
+                                    By
+
+                              Martin J. Wade
+
+                Judge of the United States District Court
+
+                                   And
+
+                            William F. Russell
+
+           Dean of the College of Education, University of Iowa
+
+                              Annotations By
+
+                           Charles H. Meyerholz
+
+         Professor of Social Science, Iowa State Teachers College
+
+                        Third and Revised Edition
+
+                     American Citizen Publishing Co.
+
+                                Iowa City
+
+                          Copyright, 1920, 1921
+
+
+
+
+
+CONTENTS
+
+
+About The Authors
+Preface
+I. The Judge's First Talk
+II. Government
+III. Liberty
+IV. America--A Democracy
+V. America--A Republic
+VI. Law
+VII. The Constitution
+VIII. Making The Constitution
+IX. Freedom
+X. Military Provisions
+XI. Search Warrant And Indictment
+XII. Rights Of Accused
+XIII. Life, Liberty, And Property
+XIV. Criminal Trials
+XV. The Indictment
+XVI. Guarding Rights In Court
+XVII. Punishment
+XVIII. Equal Rights Of Citizens
+XIX. Writ Of Habeas Corpus
+XX. Other Prohibited Laws
+XXI. Titles, Gifts, Treason
+XXII. Jury, Except In Impeachment
+XXIII. Wrongs Under King George
+XXIV. Shall Any Part Be Repealed
+XXV. Amending The Constitution
+XXVI. Machinery Of The Government
+XXVII. State Constitutions
+XXVIII. The Suffrage
+A Word To The The Teachers And Others
+Declaration Of Independence
+Constitution Of The United States
+Articles In Addition To, And Amendment Of The Constitution Of The United
+States Of America, Proposed By Congress, And Ratified By The Legislatures
+Of The Several States Pursuant To The Fifth Article Of The Original
+Constitution
+Footnotes
+
+
+
+
+
+
+What Has America Done For Me And For My Children?
+
+This question may not be spoken, but it is in the hearts of millions of
+Americans to-day.
+
+All those who attempt to teach Americanism to foreigners, _and to
+Americans_, must be prepared _to answer this question_. _It can only be
+answered_ by teaching the individual guaranties of the Constitution of the
+United States, and of the States, which protect life and liberty and
+property.
+
+_It can only be answered_ by convincing the people that this is a land of
+justice and of opportunity for all; that if there be abuses, they are due
+not to our form of government, but that the people are themselves to
+blame, because of their ignorance of their rights, their failure to
+realize their power, and their neglect of those duties which citizenship
+imposes.
+
+All over the land earnest men and women are endeavoring to teach the great
+truths of Americanism, and with substantial success; but those who
+understand human nature realize that the faith of our fathers can only be
+firmly established by lighting the fires of patriotism and loyalty in the
+hearts of our children. Through them the great truths of our National life
+can be brought into the homes of the land.
+
+And the Nation will never be safe until the Constitution is carried into
+the homes, until at every fireside young and old shall feel a new sense of
+security in the guaranties which are found in this great charter of human
+liberty, and a new feeling of gratitude for the blessings which it assures
+to this, and to all future generations.
+
+
+
+
+
+ABOUT THE AUTHORS
+
+
+For a work designed to promote education in the spirit of American
+citizenship it would be difficult to imagine a more competent authorship
+than that which has been provided for "The Short Constitution". Either of
+the writers alone would have produced a book of high standing in this
+field; the collaboration of the two makes it a remarkable production in
+its adaptation to the subject for home reading, the study club, and the
+school curriculum. It is unique, and has justly been termed "the first
+real attempt to popularize Constitutional law."
+
+Federal Judge Martin J. Wade has had a varied contact with people in his
+long experience as practicing attorney, district judge, member of
+Congress, and Judge of the United States Court. A well known Iowa
+publicist, he has gained nation wide fame as a public speaker and writer
+on Americanization and citizenship topics, basing his themes on first-hand
+experiences with conditions which have produced much unrest throughout the
+Nation. As a member of the State Council of National Defense during the
+World War, and as presiding judge at the trial of many obstructionists in
+that period, he conceived the idea of the need for a school of
+Americanism, to teach what our country has done for its citizens.
+Clearness and eloquence mark his public addresses, and have enriched the
+arguments and illustrations of this first book of the "Elementary
+Americanism Series".
+
+Dean William F. Russell was the educational adviser sent with a group of
+experts by appointment of the President of the United States to advise
+disorganized Russia during the latter part of the World War; and also one
+of the five members of the China Educational Commission of North America,
+sent to China in 1921. His course of study in American citizenship,
+written at the request of the National Masonic Research Society for use
+throughout the United States, was inspired by the observation that the
+government in Russia, in contrast with our own, was an agency that took
+money for its coffers and boys for its armies and gave nothing in return.
+In addition to his work as Dean of the College of Education of the State
+University of Iowa, and his record as a widely-known lecturer on
+educational topics, he has found time to write school texts notable for
+accurate and concise statement, adapted to arousing and sustaining
+interest in the student mind.
+
+The authors have done more than present the facts about the Constitution
+of the United States, with particular emphasis on its personal guaranties.
+They have vitalized a topic generally thought to be dry and technical.
+They have succeeded in making the Constitution seem to be what it is, a
+factor of first importance in the daily life of the average citizen. It is
+not too much to say that the seed of this book should be planted in every
+home in America.
+
+The admirable work of annotation by Professor Chas. H. Meyerholz,
+Professor of Social Science in the Iowa State Teachers College, gives much
+additional material for elementary and advanced study. Professor Meyerholz
+is well known as an authoritative teacher, writer, and lecturer on
+subjects pertaining to government, and has done much valuable
+Americanization work.
+
+The elementary and advanced questions at the end of each chapter will
+serve as a guide to all teachers and leaders of study classes. The text of
+the Declaration of Independence and the Constitution of the United States,
+with the original capitalization and punctuation preserved, and an
+abridgement of a State Constitution, printed at the end of the book, are
+valuable for reference.
+
+THE PUBLISHER
+
+
+
+
+
+PREFACE
+
+
+"The Short Constitution" is one of a series of volumes entitled
+"Elementary Americanism", intended for use in the home, the club, the
+school, and in general Americanization work.
+
+It is our hope that regular courses in "Americanism" will soon be
+established in all schools, colleges, and universities.
+
+We use the term "Americanism" because we feel that it signifies something
+broader, deeper, and more appealing than any title now used in the schools
+in the teaching of American government, or citizenship, or the rights and
+duties of the citizens of the United States.
+
+We like the term "America" better than "the United States". "The United
+States" suggests boundaries, codes, and constitutions. "America" suggests
+all these and then it suggests _spirit_. There _is_ such a thing as
+"Americanism". It includes all there is of information relating to our
+country; but it also has a soul "Americanism" relates to democracy, into
+which enter all the ideals, all the impulses and emotions of men, women,
+and children. "Americanism" teaches not only the relation of the States to
+the National government, and the relation of citizens to both the State
+and the National government, but it also teaches the relation of men,
+women, and children to each other.
+
+This is a government by the people, and therefore we must understand the
+people in order that we, the people, may govern.
+
+To arouse patriotism and loyalty we must do more than develop the powers
+of the mind, do more than expand the field of knowledge. We must inspire
+in the heart faith, confidence, and love. Men must not only learn how to
+govern, but they must learn how to be governed. We must not only learn to
+command, but also to obey. Our spirits must be so molded that we can
+submit to duly constituted authority, submission to which is the most
+lofty expression of American patriotism.
+
+Submission to authority in America is submission to law, for no man in
+this country has any authority to command or direct a fellowman, except as
+the law made by the people vests him with such authority.
+
+To inspire devotion to our country we must arouse in the hearts of our
+people a sense of gratitude for the blessings which come to us because we
+live in free America, gratitude for the rights and liberties which we
+possess, which are protected by the guaranties of a written Constitution
+adopted by the people themselves.
+
+There is only one way in which the average person may be brought to see
+what America has done for him, and that is by contrasting the rights,
+privileges, and opportunities which he has with those possessed by others
+in the same walk of life before the Constitution became the bulwark of the
+people against injustice and wrong.
+
+The aim of "The Short Constitution" is to present, in a form as simple as
+possible, a definite knowledge of all the personal guaranties of the
+Constitution, with an explanation of what they mean, and what they have
+done in the advancement of human happiness; and a brief explanation of the
+machinery of government provided by the Constitution.
+
+Everyone who understands human nature will admit that to mold the spirit,
+to inspire faith, and to excite gratitude training must begin in
+childhood. The child must learn:
+
+
+    (a) What authority means.
+
+    (b) The source of authority.
+
+    (c) In whom authority rests: in the parent, in the teacher, and in
+    public officers selected by the people to enforce the authority of
+    the community, the State, and of the Nation.
+
+    (d) How the authority of the people, the community, the State, and
+    the Nation is expressed through laws which are nothing but rules
+    of human conduct.
+
+    (e) How we should respect authority and submit to authority.
+
+    (f) How and by whom those who will not yield obedience to
+    authority out of respect will be compelled to obey by punishment.
+
+
+We have adopted a new method of presenting this subject. In this country
+authority is largely administered through the courts. Judges of the courts
+construe the Constitution and the laws; and, generally with the aid of a
+jury, determine rights and wrongs, and enforce justice through their
+judgments and decrees.
+
+We therefore feel that the subject "Americanism", presented through the
+spoken word of a judge, will better gain and hold the attention of the
+pupil than in any other way. We have the teacher invite Judge Garland to
+deliver a series of "Talks" to the pupils, which are herein presented. By
+this direct method greater freedom of expression is permitted and with the
+aid of notes greater brevity is possible. In these "Talks" considerable
+apparent repetition will appear. This is essential to thorough
+understanding. Without reiteration it is impossible to accomplish our
+purpose which is not only to enlighten, but to inspire.
+
+Our endeavor is to present the subject not from the standpoint of the
+government, but from the standpoint of the people. The _rights of the
+people_ are of first importance in a Nation where men, women, and children
+are free. The State and the Nation have no rights except those given them
+by the people. Strictly speaking the Nation and the States have no
+"rights" but only the duty to exercise certain powers in the protection of
+the liberties of the people.
+
+In America the rights of the people are supreme. The state exists for man,
+not man for the state.
+
+To gain substantial results we must rely largely upon the industry and
+enthusiasm of the instructors. We are sure they will realize that in the
+"upbuilding of the spirit" a proper atmosphere must be created and
+maintained. Doctor Steiner wisely said, "Religion cannot be taught, it
+must be caught". In other words religion is of the spirit; so is
+patriotism. _Always bear in mind that in presenting the Constitution we
+are teaching human rights under the Constitution._
+
+It is more than a century since the Constitution was ratified, and, so far
+as we have knowledge, this is the first direct attempt to translate its
+guaranties into the language of the ordinary man, woman, and child. We
+demand respect for, and loyalty to the Constitution, but the truth is that
+the ordinary citizen has no knowledge of the relation of the Constitution
+to his life or to the life of his children.
+
+THE AUTHORS
+
+
+
+
+
+I. THE JUDGE'S FIRST TALK
+
+
+      Reasons For The Study Of The Constitution Of The United States
+
+
+For several days there had been an air of expectancy about the school. At
+Monday's assembly the teacher had announced that she had persuaded Judge
+Garland to come to talk to the teachers and pupils about the Constitution
+of their country and about the law, the rights, the powers, and the duties
+of the people. A real live judge was coming! Most of the children had
+never seen a judge. The word inspired a sort of dread. They had read of
+men being sentenced to prison. They expected to see a fierce, hard-hearted
+man. Some of the younger children had wondered if it would be possible to
+stay away from the assembly room when the judge was there, but the teacher
+said that everyone should be present. So important was the subject that
+the teachers were to be there, too; and many fathers and mothers that
+could spare the time were also invited. The principal had said that he
+would not miss a meeting.
+
+So when Friday came the assembly room was crowded. All the pupils and
+teachers were there, and in the rear of the room were a few of the
+parents. The door opened and the principal of the school entered. By his
+side was a man whose gray hair and serious countenance told of years of
+responsibility. He did not appear "fierce". Rather his face was kind and
+his eyes twinkled as he ascended the platform and stood looking out over
+the faces before him.
+
+The principal introduced Judge Garland who bowed and began his series of
+talks to the children.
+
+Well my friends, I am glad to see you. I am delighted to be back in a
+school room again. It is many years ago, though it seems but a short time,
+since as a schoolboy I sat in a school room like this, among boys and
+girls like you. I suppose that I studied about as you study, and did not
+recite any better than you recite. I thought I had to work very hard, and
+I remember that I often looked out of the open window of the school room
+when the summer sun was warm, and I thought I could hear the trees, the
+grass, the stream, and even the fish calling me to quit study and come out
+to joy and freedom. I know it was a real temptation. I could have had a
+good time, but I have often been glad since that I obeyed my teacher, my
+parents, and the law, and continued my studies in school. I am glad,
+because I now realize how much easier, how much happier, and how much more
+useful my life has been because I did not listen to the voice of
+temptation which called me from work to play.(1)
+
+Since those pleasant school days I have seen much of human life. On the
+bench now for over twenty-five years, I have been compelled to deal with
+all sorts of people, even the little children who early in life sometimes
+drift from the path of right to ways of wickedness. I have served as judge
+of the Juvenile Court, and judge of the court in which the worst criminals
+are tried. I have heard the cases of thousands of persons on trial for
+crimes, men and women, young and old. I have sent hundreds to prison, and
+I have been compelled to sentence some to death.
+
+In this experience, I have learned something of how easy it is, unless we
+are on our guard, to sin against the laws of our country, and against the
+laws of God. I have observed that the average person does not fully
+appreciate the value of liberty until he is about to lose it.(2)
+
+I also know that most people do not know the worth of the protection which
+our Constitution gives to each one of us, until someone is about to take
+away their right to life, or to liberty, or to property; and then they cry
+out for help. If they are right in their appeal, they always find help in
+the Constitution and in the law of the land. Yet it is true that there is
+much real ignorance about our country, our Constitution, and our laws.
+There is even much ignorance of these things among people who are supposed
+to be well educated.
+
+So I was pleased when your teacher came to me the other day asking me to
+come to your school a couple of times a week, to talk to you about our
+country, our Constitution, and our laws. I am happy to be able to comply
+with her request. It is a difficult subject for children, yet children
+must study these things, and learn them. There is no more important
+subject.(3)
+
+One of the chief objects of furnishing free education to children, rich
+and poor, is to make of them good law-abiding citizens; citizens who know
+what authority is; citizens who will obey the voice of authority; citizens
+who realize that authority in this country rests in the people themselves;
+citizens, men and women, who realize that they owe a duty to their country
+and their fellowmen to do all they can to keep America the most free and
+the most just country in the world.(4)
+
+No American child should leave school without a full knowledge of the
+government of our country; nor until he has in his heart loyal devotion to
+America, and to the Stars and Stripes, the emblem of the free.
+
+Of course I do not expect you to learn all there is to be known about your
+government. However I do expect you to know the great fundamental truths
+which after all are very simple and easily understood.
+
+I am not endeavoring to make lawyers. I am not trying to train you to
+become lawyers. You know nearly all the children in the American schools
+have to learn something about physiology and hygiene, but not in order to
+become doctors. They study physiology and hygiene in order to understand
+the ordinary rules of health, so that they may protect themselves as far
+as possible against disease and take care of their bodies intelligently.
+Of course sickness will come. Then you must call the doctor.
+
+Well, so it is in this course. I want you to know enough about your
+government, your Constitution, and your laws--because these things are
+yours--so that you, as members of this great society called America, will
+be able to understand your rights and duties, your privileges, your
+opportunities, and your obligations. Sometime in your life your problem
+may become so difficult, or your rights may become so endangered, that you
+will have to call upon a lawyer, just as when illness comes you call upon
+your physician.(5)
+
+No one knows anything of real worth about his country until he knows its
+Constitution. No one can have in his heart a full measure of gratitude for
+the blessings of living in a free country, until he knows of how fully the
+Constitution guards every right and privilege which we hold dear. So we
+shall enter upon the study of the Constitution of our country.
+
+But in order that you may better understand the Constitution of your
+country, in order that you may better study the problems which will be
+presented to you in this course, it is necessary for you to understand
+something, in a general way at least, of four separate
+things--_Government_, _Liberty_, _Authority_, and _Law_. So before talking
+to you of the Constitution, I shall talk to you on these subjects.(6)
+
+I know it will not be easy for you at first to understand some of the
+words and expressions which it is necessary for me to use. It will be
+necessary for me to repeat to some extent, from time to time, but I feel
+satisfied that if we will work together in the right spirit, you will find
+the matter interesting; and I am sure that the great truths, the great
+principles of life, conduct, and action will soon become clear to your
+minds.
+
+The important thing to realize at all times is that we are not talking
+about something away off in which we have slight interest, but that we are
+talking of things which are ours, which affect every one of us, not in the
+future, but now.
+
+I can recall a number of faces of men who have been before my court
+charged with crimes, who in childhood were sitting where you are sitting
+to-day. I have sentenced some of them to long terms of years in the
+penitentiary. I was compelled to take away from them their liberty,
+because they had shown themselves unworthy, and had shown themselves
+rebels against the authority of their country.
+
+On the other hand, I recall those who came into court seeking protection
+of their rights against wrongdoers--against those who would take away their
+property, the earnings perhaps of a lifetime; and in court they found
+protection, justice, and right. But in administering justice and right,
+the court was only applying the principles of the Constitution of our
+country which we are about to study.
+
+So let us enter upon this work with a determination to succeed in our
+undertaking. You know that has a great deal to do with our success in
+life--a determination to succeed.
+
+When you boys take your baseball team to play the team of some other
+school, you start for the baseball park determined to win the game; and,
+if you keep up this spirit, you probably will win the game. In any event,
+you play a real game of which your friends are proud. That is the way to
+meet all the problems of life, whether in the school room, or out in the
+world after you have entered upon the great battles of life.
+
+ELEMENTARY QUESTIONS
+
+1. Did you ever see a judge? Would you be afraid of a judge? Why?
+
+2. What are the duties of a judge?
+
+3. Why did the judge say, "But I have often been glad since, that I obeyed
+my teacher, my parents, and the law, and continued my studies in school"?
+Why do boys and girls go to school? Why is the public willing to pay large
+sums of money to pay teachers, buy books, build school buildings, and keep
+them open?
+
+4. What law was it that the judge said he was glad that he had obeyed?
+
+5. Why did the judge send hundreds to prison? Why was he compelled to
+sentence some to death?
+
+6. What are the advantages of staying in school? What more do you know
+when you graduate from elementary school than those who quit earlier?
+Should one try to graduate from high school? Why?
+
+7. The judge says that one of the chief purposes of school is to make
+good, law-abiding citizens. Think of some person you know who is a "good,
+law-abiding citizen"; think of some one who is not; name five ways in
+which they are different.
+
+8. Have you read the Constitution of the United States? Should a good,
+law-abiding citizen know what is in the Constitution of the United States?
+
+9. The judge says that we owe a duty to our country. List five duties that
+a school pupil owes to his father and mother, five that he owes to his
+teacher, and, if you can, list five duties that all of us owe to our
+country.
+
+10. The judge says that the Constitution guards every right and privilege
+that we hold dear. Can you name any rights or privileges that you hold
+dear?
+
+ADVANCED QUESTIONS
+
+A. Why do we say that the United States is the "land of the free"? Why
+does the judge say that it is the most free and just country in the world?
+
+B. How are judges selected? To whom are they responsible? What are their
+duties?
+
+C. What are likely to be the results of poor schools?
+
+D. Should a parent have a right to give a child as poor an education or as
+little schooling as he may desire?
+
+E. Why do some States require children to study physiology and hygiene? Is
+there as good an argument for a study of the Constitution?
+
+F. Why does the judge say, "No one knows anything of real worth about his
+country until he knows its Constitution"?
+
+G. The judge says that good citizens know what authority is. Give an
+illustration of a child, a student, and a citizen who knows what authority
+is. Define authority. Give an illustration of a man who does not respect
+authority.
+
+H. When is a country a "free country"? What is a "just country"? How can a
+judge justify himself in a free country when he sends some men to prison,
+thereby taking away their freedom?
+
+I. How can an American protect his liberties? What steps must he take?
+
+J. Prepare a paper on one of the following subjects:
+
+
+    The Advantages of Staying in School
+
+    One Law-abiding Citizen That I Know
+
+    What One Man I Know Knows About the Rights and Privileges of the
+    American Citizen Under the Constitution.
+
+    Why Everyone Should Study the Constitution
+
+    What a Law Is, Where It Comes From and Its Value
+
+
+
+
+
+II. GOVERNMENT
+
+
+   The Purpose And Origin Of Government Among Men--In The United States
+
+
+It is a little difficult even for grown people to understand clearly what
+is meant by "the government". They have so many absurd notions about what
+the government is, and where it is, that I do not wonder that children do
+not understand. If I could look into the mind of each child here this
+morning, I am sure I would find many that picture the capitol at
+Washington, the President, or some other officer as being the government.
+Now the capitol and the President and the Congress and the Supreme Court
+of the United States and all other National officers are part of the
+government, _but they are not the government_.(7)
+
+The government of the United States is merely the agency by which and
+through which the people protect their own rights and liberties. Our
+government may be said to be the organized will of all the people. The
+people govern in this country, and the men and the means by which they
+govern all combined may be said to be the government. But do not ever
+forget this fact: the President is not a master, but a servant. The
+President, Senators, congressmen, and judges, in the Nation; the
+Governors, State Senators, and State Representatives in the States are
+only agents or servants of the people to carry out the people's will. Also
+do not forget that the power of government does not rest in Washington,
+the capital of the Nation, nor at the capitals of the different States.
+The power of government exists all over these United States. The power of
+government exists right in the homes and hearts of the people.(8)
+
+The President has no power except that conferred upon him by the
+Constitution and the laws which the people have adopted. Neither have the
+Senators, the congressmen, nor the judges any power except that given by
+the people, and the people at any time can take away any part of the power
+given. When I say the people, I mean of course all the people. Not that
+all the people must agree to any law to have it enacted. The majority of
+the people make the laws as a rule. We shall take this up later and
+consider it fully. Government is power to exercise authority. Authority is
+in the people, and the authority of the people is expressed as they want
+it in laws which they make.
+
+But what is government for? Why have any government?
+
+Government is organized to protect human rights.(9) Perhaps if you were a
+giant possessed of wonderful wisdom you would not need any law to protect
+your rights because you would be big enough, powerful enough, and wise
+enough to resist any person who might undertake to interfere with your
+rights; but we are not all giants and we are not all wise. In fact there
+are very few giants in the world. It is true, however, that some are
+bigger and stronger than others; and sometimes these big, strong people
+are selfish, wicked, or envious. They see that a weaker person has
+something which they want, and being big and strong, if there were no law
+to restrain them, they would take it.
+
+Now if you have a bicycle and some full-grown, strong, brutal man were to
+come into your yard, take your bicycle, and start away with it, what would
+you do? You might protest. You might beg him not to take your property,
+but this would probably do no good. A thief does not stop when he is asked
+to by the owner of the property he is stealing, nor is a thief influenced
+by the fact that his act is wrong. In fact doing wrong is the business of
+a thief.
+
+So there being many strong people in the world and many weak people, many
+wise people, and many simple people, the full grown and the children, and
+many, many people who are not guided by rules of right or morality or
+justice, you can see how necessary it is that someone shall provide rules
+and regulations under which the weak, the simple, and the young may be
+protected from the strong, the brutal, and the wicked who would deprive
+their neighbors of their rights or their property, simply because they had
+the power to do it. This is what the government does.
+
+There have been times in the world, hundreds and thousands of years,
+during which the strong governed the weak, made the weak their slaves,
+took from the weak the earnings of their toil; but our government exists
+for the very purpose of restraining the strong and protecting the weak, so
+that their rights are equal. Every man is free and no man is a slave.
+
+Therefore always keep in mind that the purpose of government is to protect
+the people of all classes and ages so that, so far as possible, all may be
+equal in their right to do the things they want to do, own the things they
+want to own so far as they are able to produce or procure them, think the
+things they want to think, and speak the things they want to speak. In
+other words, _government is to protect our freedom against the wrongs of
+others_.
+
+Now we must not have the notion in our mind that the government has
+anything to do with who shall work, or who shall play, or who shall idle.
+Occupations in life are not selected by the government. Each person
+determines this for himself. That is one of the privileges which we have
+in a free country, to select our own occupations; and as you go through
+life you will find that what appear to be the higher or better occupations
+are usually earned by industry, faithfulness, and honesty.(10)
+
+I am going to talk to you some day about occupations in life so that you
+will understand that our place in life is selected by ourselves,
+determined by our efforts and our conduct. I want you to start out in life
+with such a knowledge of these things that you will never blame your
+country if you do not like your job.
+
+_But how did our government come into existence? What was the beginning?_
+Well, it is all very simple if we only get right down to elementary
+principles, if we only "begin at the beginning". Perhaps your father is a
+Woodman, or an Odd Fellow, or a Knight of Columbus. Perhaps he is a member
+of the American Federation of Labor. Perhaps your mother belongs to the
+Eastern Star, or the P. E. O. society. Perhaps you belong to some school
+fraternity, debating society, or neighborhood club, the Boy Scouts, or the
+Camp Fire Girls.
+
+Now let us go back a few years. None of these societies were in existence.
+Where did they come from? One day, years ago, a few men and women, or boys
+and girls, met perhaps in some home, or the office, and talked over the
+plan which perhaps had been suggested by some one present at the meeting.
+After discussion, it was decided to form an organization. I have no doubt
+that most of you have had such an experience. The beginning of each
+society was merely an idea in the mind of some one. He or she talked of it
+to some one else, and the discussion extended until enough of interested
+persons came together to complete an organization and give it a name.
+
+What was the first step in perfecting the society or organization? It was
+the preparation of a written statement of the purposes and principles of
+the organization, which is usually called a constitution. When the
+constitution was completed, usually by a committee, all those about to
+become members of the society met and talked it over. Changes probably
+were made and the constitution finally adopted. Probably some voted
+against it, but those who did vote against it recognized that they should
+be bound by the judgment and will of the majority.(11)
+
+Laws, or by-laws, as they are generally called, were then adopted to
+govern the conduct of the members in their relation to each other and to
+the society. These by-laws have been amended from time to time ever since,
+and perhaps at all times some of the members have believed that the
+by-laws should be different, but they have submitted to the will of the
+majority.
+
+So with the United States. There was a time less than one hundred and
+fifty years ago when there was no such thing on earth. A comparatively few
+men, representing the people of the former colonies, decided to form a
+Nation, and in the Constitutional Convention after months of discussion,
+the Constitution was adopted, and it was finally ratified by the people of
+the States. While many persons opposed some of the provisions of the
+Constitution, all submitted to the will of the majority.
+
+Thereafter, rules of conduct called laws--in your society by-laws--were
+adopted, and from time to time changed and extended as circumstances
+seemed to demand. We are going to talk about these laws in a few days.
+
+But _there is the whole story_. There is the simple beginning of this now
+great Nation, the most powerful on earth.
+
+So you see there is nothing mysterious about the origin of our
+Constitution. There is nothing mysterious about the origin or the
+organization of this government. The important thing to bear in mind is
+that it was formed by the people for themselves. Humanity, after thousands
+of years, had reached a point where they refused longer to be governed by
+a king or similar ruler.
+
+All this will become more clear to you as you understand something of the
+nature of liberty and of law.
+
+ELEMENTARY QUESTIONS
+
+1. What is the government of the United States? Why isn't the capitol at
+Washington the government? Why is it impossible to point out the
+government of the United States upon the map?
+
+2. What is a servant? Describe a servant. Why does the judge say that the
+President of the United States is only a servant of the people?
+
+3. Was the Kaiser a servant of the German people? Why not?
+
+4. Where does the President get his power? Where do members of Congress
+get their power? Judges? The Sheriff? The Mayor?
+
+5. If we do not like what our servants do, how can we control them?
+
+6. What is government in a school? In a club? What would it be like if
+there were no government in either? Name five advantages of having a
+government.
+
+7. Suppose that you were like Robinson Crusoe, except that five of you
+were shipwrecked. Would you form a government? Why?
+
+8. If you were tie write a constitution, what would you include?
+
+9. Suppose that a man came into your yard and tried to steal your bicycle,
+what could you do to protect your rights?
+
+10. Do all people do what they think is right? How can you tell what is
+right and wrong?
+
+ADVANCED QUESTIONS
+
+A. What is the purpose of government?
+
+B. Why is it wrong for the great and powerful to govern the small and
+weak? Does might make right?
+
+C. Which would be the better government, one based upon might makes right,
+or one based upon right makes might? Why?
+
+D. How can right make might?
+
+E. In a free country can the government prescribe what occupations in life
+the people must follow? How are the higher and better occupations acquired
+in America?
+
+F. How did the American government come into being?
+
+G. How would you organise a literary society? List the steps in detail.
+Would you have a constitution? What should be included in any
+constitution?
+
+H. Discuss the effect of a sudden breakdown in government.
+
+I. What were the first steps in the actual organisation of the government
+of the United States?
+
+J. Write a paper on:
+
+
+    The Ways in Which the Postmaster, Superintendent of Schools,
+    Sheriff, Coroner, or Judge Serves the People
+
+    Why We Cannot Locate Our Government On the Map
+
+    The Advantages of Having a Government
+
+    What a Constitution Should Include
+
+
+
+
+
+III. LIBERTY
+
+
+Definition Of Liberty And The Historical Background Of The Struggle For It
+
+
+I hope that we now all understand that the purpose of government is to
+maintain the liberty of the people. I wish that every child would learn
+from the Declaration of Independence the following:
+
+"_We hold these truths to be self-evident, that all men are created equal,
+that they are endowed by their Creator with certain unalienable Rights,
+that among these are Life, Liberty and the pursuit of Happiness. That to
+secure these rights, Governments are instituted among Men, deriving their
+just powers from the consent of the governed._"(12)
+
+This expresses the whole purpose of government--to secure the right to
+life, to liberty, and to happiness.
+
+I suppose every child here would like to be rich some day. A great many
+people feel that riches bring happiness. The experience of men, however,
+is that riches more often bring disappointments, burdens, and grief.
+
+_What is the most valuable thing in the world?_ It is not money, lands,
+nor jewels. The most valuable thing in the world is human liberty. I do
+not believe that we, born here in America, realize the value of human
+liberty. It comes to us as a heritage. We accept it as we accept the
+sunlight, the springtime, the harvest. I am afraid that we seldom stop to
+recall the fact that the great blessing of human liberty, as we have it
+here in America, did not exist before our Nation was born. Always remember
+that there were thousands of years before our country came into being,
+when the people, men, women, and children living in many countries of the
+world and under many forms of government dreamed, hoped, and prayed for
+freedom. But it never came to them. They lived, labored, and died under
+kings and emperors, or other rulers, never having any power, or at most
+very limited power, in making the laws under which they were compelled to
+live.(13)
+
+To a considerable extent the history of the world is a sorrowful story of
+men who fought and died in struggles for liberty, the same liberty which
+we in this country enjoy. We must not forget that freedom in this Nation
+was obtained only through war, bloodshed, and sacrifice.
+
+Now what is this liberty for which men have fought and died? It is liberty
+of thought, liberty of speech, liberty of conscience, liberty of action,
+liberty, as the Supreme Court of the United States says, "of all the
+faculties". Men wanted the right to form their own opinions and to express
+them in speech or in writing. They wished to worship God according to the
+dictates of their own consciences, and not as directed by the ruler of the
+government. They wanted to work in employments of their own choice, to
+have their own earnings for themselves and their families, instead of
+having it taken as tithes or taxes to buy purple robes for some monarch
+upon a throne. They wanted the right to own property, to own a home; and
+they hoped and prayed for the day when their children might have a chance
+to advance in life according to their merits. They hoped some day to have
+the door of opportunity open to the son of the poor man as well as the
+rich. They hoped to see class and privilege wiped away.(14)
+
+These were the things that men and women throughout the centuries
+struggled for, but which were never attained in the whole history of the
+world, by any race or by any nation, until America opened its doors to all
+the peoples of the earth, guaranteeing to them all the blessings which had
+been so long denied to the human race.
+
+You will understand better the functions of government with relation to
+human liberty if you will realize that human liberty is a natural right.
+It comes from no man and no government. It is "God given". Men are born
+free. The love of freedom is in every human heart. Again recall the words
+of the Declaration of Independence--"all men are created equal ... they are
+endowed by their Creator with certain unalienable Rights", among which is
+liberty.
+
+America does not confer liberty upon the individual. America realizes that
+the individual possesses the right to liberty, and the whole structure of
+the American government is framed with the special purpose of protecting
+each individual in his natural liberty.(15)
+
+Now there is no danger to the liberty of any one except from two
+sources--the wrong of a fellowman, or the wrong of the government, which in
+this country is a mere organization of men and women and children. Here we
+see emphasized the necessity for law in order to protect the liberty of
+the individual. Government is organized to protect individuals in their
+liberties. This protection is furnished by laws enacted by the people to
+protect the weak against the strong, the good against the evil; and in
+this country the same law applies to every individual. There are no
+special laws for special classes; every one is equally interested in
+having these laws as just and fair as possible. Liberty under law is the
+privilege of doing everything one wishes to do, except in so far as his
+acts may interfere in some way with like privileges of those who are about
+him in society.
+
+Therefore always keep in mind that the great achievement of those who
+founded America was the establishment of a Nation where liberty would have
+a home. Of course liberty could not be fully established in this country
+until the Nation was fully established, until the Constitution was
+adopted, until laws were enacted; but from the adoption of the
+Constitution to the present time the people have enacted laws from time to
+time, and still enact laws, the better to protect every man in his liberty
+and to enlarge his opportunities in life.
+
+Now in order to understand clearly how the liberties of the people are
+protected through our government, we must understand the nature and form
+of our government; and this subject we must take up at our next meeting.
+
+ELEMENTARY QUESTIONS
+
+1. What is your idea of the right to "life"? Does it mean that no one
+shall ever be sentenced to death for murder?
+
+2. What is your idea of the right to "property"? Does this mean that
+everyone shall be wealthy? Does it mean that everyone shall own his own
+home?
+
+3. What is your idea of the right to "pursuit of happiness"? Does this
+mean that everyone can do as he pleases?
+
+4. Why does the judge say that liberty is the most valuable thing in the
+world? What would you trade for it?
+
+5. Note the dangers to liberty that the judge points out. What are they?
+
+6. Give an illustration of each of these dangers.
+
+7. How may we protect ourselves against these dangers?
+
+8. Where does this liberty that we enjoy come from? Who grants it?
+
+ADVANCED QUESTIONS
+
+A. In what particular ways does the Constitution of the United States
+guarantee liberty?
+
+B. What forms of government existed before the United States? What
+liberties did the people of Russia, or France, or England enjoy in 1600?
+
+C. Who really possesses the power of government in the United States?
+
+D. How is the liberty of the individual protected in the United States?
+
+E. In what ways were the people of Massachusetts in 1650 not as free as we
+are to-day?
+
+F. What does it mean when we say "all men are created equal"?
+
+G. Discuss the real meaning of the right to "Life, Liberty and the pursuit
+of Happiness".
+
+H. Write a paper on:
+
+
+    Ways in Which We Have an Equal Chance
+
+    How We Can Make Chances Still More Equal
+
+    "I hope to see the time when every American citizen will have an
+    unfettered start and an equal chance in the race of life."--Abraham
+    Lincoln
+
+    The Meaning of Liberty
+
+    A Week in a Land Where There Is No Liberty
+
+
+
+
+
+IV. AMERICA--A DEMOCRACY
+
+
+ The Spirit Of Democracy Developed Under The Constitution Of Our Country
+
+
+It is not sufficient that we shall know what government is and where it
+is. We must also understand its nature. It is the proud boast of America
+that it is a democracy, the first real democracy in the world. Now what is
+meant by a democracy? We hear much about democracy, and we hear much about
+republicanism, and many people when they hear or see these terms think
+that it has to do with the Democratic or Republican political party. We
+must not be confused. We must see and think clearly. Democracy and
+republicanism, as we use the terms in these talks, have no reference to
+any political party, but relate solely to the form of government under
+which we live.
+
+America is a democracy. It is also a republic, as we shall see in our next
+talk. It is very important that we shall understand why it is a democracy,
+and why it is also a republic, and the distinction between the two.
+
+It has been well said that republicanism in government "refers rather to
+the form of government", and that democracy refers to the "spirit of
+government". In government as with the people the spirit is the real,
+important thing. In a democracy the people govern. "A government of the
+people, by the people, and for the people", as Lincoln expressed it, is a
+democracy. In a democracy no man is the master of another man without his
+consent. In a democracy there are no slaves. In a democracy each and all
+have equal rights. Every one in a democracy has an equal opportunity with
+every other person.(16)
+
+You have already learned that in this country the people make the laws. In
+the making of laws the banker and the man who digs in the sewer have the
+same power. Each has one vote on election day, and no more. America has no
+rulers except the people. In a democracy the spirit of all should be one
+of toleration and kindness. All of us cannot have things just as we want
+them in this world. Men do not all agree, so we must let the majority of
+the people rule. But the majority should not have any feeling of
+superiority. The majority should be inspired by a sense of justice and
+charity toward their fellowmen. In fact a democracy is a brotherhood in
+which each person should think, not only of himself, but of his neighbor.
+In this democracy the more we think of the rights of our neighbor and the
+more we think of our duty toward our neighbor, the better will our
+government be.
+
+In a democracy we live in the belief that all men are created equal, that
+all through life they are equal in their rights, in their duties, and in
+their privileges. I do not mean of course that all men are equal in
+physical strength, because you who run and wrestle every day know that
+some are stronger than others. I do not mean that all are equal in the
+powers of the mind, because some of us here this morning, even some who
+study hard, know that other pupils get higher marks in every examination.
+Nor do I mean that all are equal in wealth, in health, or in comforts.
+
+What I mean is, that so far as life and liberty are concerned, in our
+rights under the law, in our protection under the law, we are all equal.
+
+In a democracy the people make the laws, and the people enforce the laws.
+As we shall hereafter see, every man who takes part in making a law, and
+every one who aids in enforcing the law is selected by the people. But the
+great thing about a democracy is the spirit of the people--the feeling of
+the people toward each other. Pride of wealth, position, race, or creed
+has no place in a democracy. Every person should feel sympathy and charity
+for his neighbor, and for his neighbor's problems in life.
+
+We should all be willing to help those who may be less fortunate. We
+should all endeavor to make our neighbor's life as easy as possible.
+
+A democracy cannot be a government by groups: it must be a government by
+every one.
+
+Now I do not mean to say that we in this country all have the proper
+feeling toward our neighbor. We are not all good citizens of a democracy.
+Many people have pride, selfishness, and hate. Many people do not seem to
+care how the rest of the world lives. Such people are not worthy to have
+the privileges of living in a democracy. Many people are also ignorant in
+matters of government. They do not seem to care what kind of a government
+we have. In fact many people will not vote on election day. It is because
+of pride, selfishness, hate, ignorance, and indifference that I am here
+talking to you to-day. This is a wonderful government, but it can be made
+much better, with more freedom and more justice, if the people will only
+learn more about their power and their duty, especially if they will only
+cultivate the right spirit--the spirit of America, the spirit of justice,
+humility, kindness, and charity.
+
+"Love thy neighbor as thyself" is not only a Christian duty, but it is the
+foundation of social life in a democracy. You will find when you become
+acquainted with life that success in life does not depend upon money,
+clothes, nor social position, but that in this American democracy real
+merit wins. More and more are we learning every day that true happiness
+comes only from service, service to humanity, service to our country, and
+this spirit of service must be developed in childhood, and expand as we
+grow to manhood and womanhood.
+
+That was a nice thing you did the other day, here in this school, when you
+put your pennies and your nickels together, bought a ton of coal, and sent
+it to the widowed mother of one of your schoolmates who had been sick for
+several weeks. He is just a poor Polish boy; but when in health he ran
+errands before and after school. This helped to support his mother and his
+little sister. I am sure that he thinks of you every day; and that he
+often thanks God that his father, who died last winter, had the courage to
+leave the old home in Poland and come to America where there is a chance
+for the poorest and the most obscure.
+
+I told you a while ago that this is the first real democracy in the world.
+So few people stop to think about this. The world is thousands of years
+old. Humanity in all these thousands of years has been made up of men,
+women, and children just like us. They hoped for, and dreamed of freedom,
+but until America became a Nation no government in the world had ever been
+a real government by the people. They had always been ruled by a king, a
+queen, an emperor, by some other ruler, by a small group of men who were
+rulers, or by a certain class. Your father may be a blacksmith, or a
+street sweeper, but on election day he can vote. Up to the organization of
+this government no such right existed anywhere in the world. In some
+countries, a few men who owned a certain amount of property could vote;
+but the wise men of the world sneered at the American plan to give every
+man the right to vote whether he owned a dollar's worth of property or
+not.
+
+Always remember this, too, that even when America became a Nation, the
+right of all the people to vote was not granted at once. Many of our
+States for many years required that a voter must have a certain amount of
+property. Finally this was all wiped away. America has been a growth, each
+generation doing a little more to expand the power of the people, and this
+growth, this expansion must continue. We are still a young Nation and we
+all have much to do to aid in making this democracy a better place in
+which to live.
+
+When you hear of other democracies now existing in the world, remember
+that America has been their guide and inspiration. Men came from France to
+help fight our revolution, and carried back with them the spirit of
+America. In time democracy was established in France. So with all the
+countries in the world which to-day have a greater or less degree of
+democracy, to them all, America has been a beacon light, a source of
+courage and of inspiration. Did any of you ever see the great Statue of
+Liberty at the entrance to the New York harbor? If you did, you saw that
+grand figure looking out to the east over the great expanse of water,
+holding aloft the great torch which in the darkness of the night is aglow
+with light, the great flaming torch, which is emblematic of America
+enlightening the world.
+
+ELEMENTARY QUESTIONS
+
+1. Which was the first real democracy to be established in the world?
+
+2. What is a democracy? What is the difference between "democracy" and a
+"Democrat"?
+
+3. Who governs in a democracy?
+
+4. In a democracy, who makes the laws?
+
+5. How is power in government expressed in a democracy? In America, does
+one man have more power than another?
+
+6. How many times can a person vote on election day?
+
+7. Suppose Congress or the legislature in our State passes a law that we
+do not like. Do we have to obey it? What can we do about it? How can we
+secure a change in the law?
+
+ADVANCED QUESTIONS
+
+A. What does "government of the people, by the people, and for the people"
+mean?
+
+B. What is the proper spirit of people who live in a democracy?
+
+C. What is meant by "the majority of the people rule"?
+
+D. What would happen if the minority should rule? Lincoln said that this
+meant anarchy. Why?
+
+E. Does the minority have any rights? Should the majority pay any
+attention to them? Why or why not?
+
+F. Who enforces laws in a democracy?
+
+G. Why is it said that the best way to get rid of a bad law is rigidly to
+enforce it?
+
+H. What is the result of not casting your ballot on election day?
+
+I. It is a fact that from election to election there is an increasing
+percentage of the qualified voters who do not vote. What is the danger of
+this? What is it likely to lead to?
+
+J. Write a paper on:
+
+
+    The Meaning of Democracy
+
+    The Danger of Not Voting
+
+    Why It Is Right that Women Should Vote
+
+    Why We Fought to Make the World Safe for Democracy
+
+
+
+
+
+V. AMERICA--A REPUBLIC
+
+
+        A Representative Form Of Government Under The Constitution
+
+
+As I stated to you in our last discourse, America is a democracy, but it
+is also a republic. It is a democracy in its spirit and the power of its
+people, but in the mode of exercise of the power of the people it is a
+republic. We often hear America referred to as a "representative
+democracy". If America were merely a democracy there would be no fixed
+method for expressing the wishes or the power of the people. In a pure
+democracy, people having full power would naturally assemble from time to
+time to decide by the vote of all those present what should be done for
+the public good.
+
+You will hear of the "town meeting" which even to-day in some parts of New
+England is held from time to time, where the people assemble, and by vote
+decide matters of public concern.
+
+But this is now a Nation of more than one hundred and five million people.
+We have forty-eight States, many of them very populous. When the
+Constitution was adopted, there were only about 3,900,000 people in all
+the States; but those who framed the Constitution looked into the future
+and could see something of the wonderful growth of the Nation which they
+were planning. Of course it is easy for anyone to see that in a large
+country like this, with a large population or a population as large as it
+was at the time when the Constitution was adopted, it would be impossible
+for all the people to assemble in a meeting to vote directly upon the
+passage of necessary laws, or to provide for taxation, or to conduct the
+general business of the State or the Nation. You can see how absolutely
+impossible it would be in these days to have the people of the United
+States assemble at the National capital to vote on any law, or to make any
+appropriation, or to provide rules for exercise of governmental power.
+
+Therefore you can readily see that the founders of this country very
+wisely realized that the only government possible would be what is known
+as a representative government, a democracy where the people would have
+all the power, but a republic wherein the people would express that power,
+not directly, but through representatives or agents chosen by them.(17)
+
+The government of the United States and that of each of the States is
+sub-divided into three parts: the executive, represented by the President
+or the Governor, the legislative, represented by Congress or the
+legislature, and the judicial, represented by the courts.
+
+Now the President and the members of Congress, including the Senate, and
+the judges of the courts are all merely representatives of the people
+chosen by the people to carry out the will of the people. The position and
+powers of all of these representatives of the people are fixed and defined
+by laws enacted by the people.
+
+As we shall hereafter find, the first law of the Nation, the foundation of
+all laws of the Nation, is the Constitution of the United States, which in
+the long ago was adopted by the people of thirteen small States.
+
+Our form of government therefore is representative. That is to say, the
+people choose their representatives to do the business of the country for
+the people. Laws are voted for directly by members of Congress and the
+Senate of the United States, or members of the legislatures of the States;
+but these members of Congress, Senators, and legislators are selected by
+the people, and in voting for laws they are expressing the will of the
+people who voted for them. They are elected for a short term of years, so
+that in case any one of them should not, in his vote upon any law, carry
+out the wishes of the people who elected him, they may at the next
+election select someone else in his place who will better represent
+them.(18)
+
+The important thing to bear in mind in relation to this government
+organization, with all the officers now necessary to do the business of
+the people of this great country, is that these officers--executive,
+legislative, and judicial--are not the government; the government rests
+with the people, and these officers are merely servants of the people,
+subject to the will of the people.
+
+It has been well said that government in a democracy is organized public
+opinion. Public officers, representatives of the people, have only the
+power which the people give to them. In many of the States of this
+country, in the enactment of laws, the people by law make provision by
+which the people themselves have the power to reject laws enacted by their
+representatives of which they do not approve. Under the "initiative" and
+"referendum" in some States, the people retain the power to direct their
+legislature to enact certain laws. Also laws made by the legislature may
+be voted upon by the people for final approval, if desired.(19)
+
+The important thing first to be learned is that in this democracy the
+government is in form a republic, because the laws are enacted and
+enforced, not by the direct vote of the people, but by the representatives
+elected by the people.
+
+The power of the people always continues. A law may be passed by one
+legislature, or one session of Congress, and may be repealed the next. Any
+law upon the statute books may be changed from time to time, in response
+to the changing sentiment of the people.
+
+We are inclined to consider the term "representative government" as
+relating particularly to the enactment of laws, but this is a
+representative government not only in the making of laws, but also in the
+enforcement of laws. I want you to realize early in life that every
+citizen has a responsibility for enforcing laws as well as for making
+laws, and that for any failure or omission in the making of laws, or in
+the enforcement of laws, the people must bear the responsibility.
+
+ELEMENTARY QUESTIONS
+
+1. In what respect is America a republic?
+
+2. What is the difference between a republic and a Republican?
+
+3. What was the population of America when the Constitution was adopted?
+
+4. Why was it impossible to have all the people assemble to adopt laws?
+
+5. What is meant by a representative of the people?
+
+6. Suppose a representative does not represent the people as they wish.
+What can they do about it? Give illustrations.
+
+7. Into what parts is the government of the United States divided?
+
+8. How are the powers and duties of representatives of the people defined?
+Why does the judge say that the people really have the power and that this
+power continues?
+
+ADVANCED QUESTIONS
+
+A. What is the fundamental law of the United States? Why is it
+fundamental?
+
+B. How can we say that the people have power in lawmaking, when we know
+that the representatives make the laws?
+
+C. How can we influence the votes of our representatives?
+
+D. If you know that your representative is likely to vote against your own
+wishes, what can you do about it?
+
+E. How soon may a law be changed after it has been passed?
+
+F. What is meant by "initiative, referendum, and recall"? How have they
+worked out in practice?
+
+G. Write a paper on the following:
+
+
+    The Difference between a Democracy and a Republic
+
+    How the Public Can Make Their Representatives Represent Them
+
+    Why America Could Not Do Without Representatives
+
+    The New England Town Meeting
+
+
+
+
+
+VI. LAW
+
+
+     Necessity For Rules Of Human Conduct For Guidance And Restraint
+
+
+This morning I wish to talk with you about one of the most important
+subjects in the world, the law; and strange to say, most people know very
+little about it.
+
+Indeed I find that the average person feels that he does not need any
+knowledge of the law, that the law is for lawyers, judges, and courts.
+
+Now the truth is, that there is scarcely any activity in life in which the
+law does not play an important part. This is true from childhood to old
+age, in every calling and every occupation in life.(20) The law is not
+intended for any one class of people, but it applies to all classes of
+people, the rich and the poor, the wise and the ignorant. It also applies
+to all ages, to men, women, and children.
+
+_What is the law_, or what is a law?(21) There is nothing difficult about
+it. A law is merely a rule of human conduct, a rule of conduct for human
+beings which is enforced by the Nation, the State, or the city. There are
+other rules of human conduct enforced by the parents, teachers, or
+employers--those who have authority over others, those whose duty it is to
+direct the conduct of others.
+
+Every boy knows that in his home his parents have certain rules, not
+written or printed, but stated by his father or mother with relation to
+his conduct about the home, about his school, or about his play time or
+vacation, when he must go to bed, when he must arise, and with whom he may
+associate, that he must not go in swimming unless accompanied by his
+father, that he shall not go to the movies without the consent of his
+mother, that he must attend Sunday school regularly, that he must not eat
+with his knife, that he must be courteous to all persons, especially the
+aged, that he must not play ball in the street, and a large number of
+other rules and directions, all intended for the good of the boy.
+
+Then in school you find certain rules of conduct made by the Board of
+Education or other officers, or adopted by the teacher.
+
+If a boy works in a store, he finds that his employer has certain rules:
+the time when the store shall be opened and closed; that the boy shall
+sweep the floor at certain hours; that he may go to lunch at a certain
+time; that he shall not permit other boys to pass behind the counters,
+etc. All of these are illustrations of rules of conduct for children, or
+those under the control, authority, or direction of some older person.
+
+But older persons, the parents, the school officers, the teachers, the
+storekeepers, and those of all other occupations are likewise subject to
+rules, are under control and direction of the Nation, the State, and the
+city, all having power to enforce rules of conduct, called laws, which
+apply to the old and the young. Without such rules, such laws, it would be
+impossible to maintain peace and order. Without such rules, called laws,
+it would be impossible to protect the weak against the strong and the
+wicked.
+
+This government being organized for the purpose of protecting the rights
+and liberties of the people, it is necessary that laws be enacted in order
+that our rights and liberties shall not be taken away from us by those who
+may be stronger or wiser than we are. Many laws prohibit wrongful acts and
+provide a punishment for those who commit such wrongful acts. Thus one who
+strikes you without justification, one who steals your bicycle, or any
+other property, one who breaks into your home, or into the store, a
+burglar, is punished. One who kills another human being, a murderer, is
+punished. A person who willfully sets fire to a building, or is guilty of
+cruelty to animals, malicious mischief, or sells liquor is punished.(22)
+So there are scores of different offenses forbidden by the law, and
+punishments fixed for those who will not obey.
+
+There are also laws requiring that one shall ride or drive on the right
+hand side of the street when passing another coming from the opposite
+direction.
+
+There is generally in every city a law which punishes a person who rides
+his bicycle upon the sidewalk. There are laws regulating the speed of
+automobiles, the lights and signals, and the turning at the corners of the
+street, so that other people either walking, or riding on bicycles, or in
+automobiles or other vehicles, may not receive injury.(23)
+
+You know in this country, where every person is equal before the law, no
+one person has any more right in the street than his neighbor has, and the
+conduct of each in the use of streets and sidewalks and other public
+places must be such that all may enjoy equal opportunities in the use
+thereof.(24)
+
+Freedom, as already explained, does not mean a right to do everything we
+wish to do. Freedom is the right to do whatever we may wish to do,
+provided it does not interfere with the right of our neighbors to have the
+same privileges which we claim for ourselves.
+
+Therefore, it is absolutely necessary to have laws fixing the conduct of
+all persons; and it is necessary, in order to enforce these laws, to
+punish those who will not obey them.
+
+_Who makes these laws?_ In America the laws are made by the people
+themselves; that is, they elect representatives to serve in Congress, in
+the legislatures of the States, and in the councils of the city, who make
+the laws for the people according to the wishes of the people. This you
+will understand more fully as you study this representative form of
+government we have in this country.
+
+The people have the right to change any law now in existence, and may also
+make such new laws as they think will better protect the people in their
+rights.(25)
+
+_Who enforces these laws_, these rules of conduct? The rules of the home
+are enforced by the parents. If you violate the rules of your parents,
+they impose a punishment upon you. This punishment may not be severe, in
+fact it should not be, unless your disobedience is continued and stubborn.
+
+If you violate the rules of school, the teacher or other school officers
+have the right to punish; and if you violate the rules of your employer,
+he has the right to admonish you, and of course if you do not obey, he
+will discharge you and you will lose your place.
+
+Now the rules of conduct, the laws of the Nation, the State, or the city
+are enforced in this country by the people, through their government,
+through the courts, presided over by judges whom the people themselves
+select for that purpose. Sometimes the punishment is severe, sometimes
+mild. It all depends upon the character of the person who disobeys the
+law, and whether the disobedience is stubborn or willful. Penalties are
+imposed, not only to punish the wrongdoer, but as a warning to others,
+that if they disobey the law, they too will be punished.
+
+In this country all laws imposing punishment for offenses are printed so
+that every one may know what the law is; but it is not necessary that one
+should study each separate law, because as a rule, your conscience will be
+your guide against wrong doing. There are not many acts punished by the
+State or Nation which are not morally wrong. The person whose heart is
+right knows good from evil; and the person who really tries to do right
+will seldom be guilty of violating any law.
+
+I do not expect you to learn all about the different laws. This is not
+necessary. But I do expect you to understand enough about the law to
+realize that we are all subject to authority; that laws are enacted by the
+authority of the people; that laws are absolutely necessary, and that
+without laws we should have no liberty. Above all, I want you to learn
+that in this country the people make the laws, and I want you to feel
+absolute confidence in the power of the people to make and enforce laws.
+
+I hope that you will acquire a spirit of confidence and faith in the
+justice of the law, and learn that submission to the law is absolutely
+essential in a government of the people and by the people.(26)
+
+But there are many laws, many rules of conduct, besides those defining
+crimes, offenses, and the punishment of wrongdoers.
+
+I want to talk to you briefly about some of the laws which affect our
+conduct in every day life, in matters not criminal. I want to impress upon
+you how far reaching the law is as affecting every human being in his
+daily conduct.(27)
+
+Suppose one of the girls here goes to the store to buy a piece of cloth.
+How does she tell the merchant how much cloth she wants? She, without
+doubt, will say that she wants one yard, or two yards, or three yards,
+according to her needs. Now how much is a yard? Of course you all know
+that a yard is three feet. I suppose you all know that a yard is the same
+length in every city in the United States. We go into the store and ask
+for a yard of cloth in any city in the country, with absolute confidence
+that we will get for each yard, three feet in length. But how do we know
+we will get three feet in length for each yard? How do we know what we
+will get when we ask for a pound of coffee, or for a ton of coal, or for a
+quart of milk?
+
+These weights and measures are nearly all fixed by law. When you come to
+read the Constitution of the United States, you will find that there is
+conferred upon the United States government the power to "_fix the
+standard of Weights and Measures_".(28)
+
+The Constitution is the fundamental law of the land. This confers upon the
+United States government the right to fix all standards of measurements
+and all weights and measures of every kind. The United States government
+has this power. It is not required to exercise the power, but it has the
+power.
+
+The United States government has a National Bureau of Standards,(29) which
+supervises weights and measurements, which cooeperates with the States, and
+maintains uniformity, so that in every State, with reference to most
+things bought and sold, the law fixes definitely the quantity or
+dimensions. Without such laws you can see what a mass of confusion the
+people would be in at all times.
+
+Severe penalties are imposed by law upon those who give short measure, or
+short weight,(30) in order to protect buyers against those who might
+defraud them.
+
+So you see how necessary law is to the simple transactions of life, and
+how we are constantly relying upon the law in our daily transactions, to
+protect us against wrongdoers.
+
+Then again, how do you know how much the silver dollar which you are
+saving for Christmas is really worth? How do you know that one dollar is
+as valuable as another dollar? How do you know that the paper dollar which
+is in circulation is as valuable as the silver dollar? Well, here again
+when you read the Constitution of the United States, you will find that
+the people, when they adopted the Constitution, gave to the Congress of
+the United States the power:
+
+"_To coin Money, regulate the Value thereof, and of foreign Coin_".(31)
+
+Congress, with this power, has enacted numerous laws with reference to the
+coinage of silver and gold money, the printing of paper money, and fixing
+the value of such money. How helpless the people would be without such
+laws.
+
+Then how do you know that the dollar you received in change at the grocery
+store is a real dollar? There are many counterfeit dollars made by
+wrongdoers, by criminals who seek to profit by manufacturing money
+themselves, sometimes so much like the genuine, that it is almost
+impossible to detect the difference. There are counterfeit bills, and
+counterfeit coin, which I dare say could not be distinguished from the
+genuine by any person in this room. But there are laws enacted by Congress
+providing very severe punishment for any person who makes, passes, or
+attempts to pass, any counterfeit coin. For instance, if one shall make,
+or pass, or attempt to pass counterfeit gold or silver coin, he may be
+punished by five years imprisonment in the penitentiary.(32) Even for
+making, or passing, or attempting to pass a one cent, two cent, three
+cent, or five cent piece, a person may be imprisoned for five years. Any
+one who makes a die or mold designed for the coining, or making of
+counterfeit coins may be punished by imprisonment in the penitentiary for
+ten years.
+
+These are severe penalties. Liberty is dear, and yet you can see how
+absolutely necessary it is to have these severe penalties in order to
+protect you, your father and mother, and all other persons from being
+defrauded and wronged by the use of counterfeit money which is worthless,
+but which most people cannot distinguish from the genuine.
+
+I suppose you watched for the letter carrier this morning. Perhaps you
+were expecting a letter from a friend or relative. The letter carrier came
+to your door. You did not have to walk to the post office. Perhaps your
+friend lives one thousand miles away. How is it possible for you to
+receive a letter in perhaps a couple of days from that far distant point?
+Did you ever stop to think about it? Of course you say, "Well it came
+through the post office". Yes, but the postoffice is only a part of the
+great postal system of this country, which carries your letters from one
+end of the land to another for the small amount of two cents; and we have
+wonderful confidence in this postal service. We carelessly drop into the
+mail box most important letters, often most sacred, but we have no doubt
+that the letter will reach its destination safely.(33)
+
+How is it all possible? Well, again, in reading the Constitution you will
+find that the people gave to Congress the power:
+
+"_To establish Post Offices and Post roads._"(34)
+
+This power has been exercised by the enactment of many laws by Congress
+providing for post offices, letter carriers, postal clerks, railway mail
+service, rural routes, and many laws severely punishing any one in the
+postal service who willfully fails to perform his duties.
+
+Persons engaged in the postal service may be sent to the penitentiary for
+stealing money from the mails, stealing a letter from the mails, for any
+act of dishonesty, or failure of prescribed duty. How could the great
+postal service of this country be maintained without such laws? How would
+the people have the blessing of a great service of this kind without the
+most carefully prepared laws made to protect the people?
+
+So I might go on giving numerous other illustrations of the laws enacted
+by the people through their representatives, for the benefit of the people
+themselves, for their comfort, their convenience, and their protection
+against wrongdoers, who might deprive them of their property, or of things
+still more sacred than property.
+
+I have only used these illustrations to impress upon you the great truth
+that there is hardly any relation in life in which the law does not have
+an important part. We should realize early in life that law is absolutely
+necessary to guide human conduct, to restrain wrongful conduct, to punish
+wrong doing, and thus to aid in protecting us in our right to life,
+liberty, and property.
+
+These laws are not the judges' laws, nor the lawyers' laws; they are the
+laws of the people, made for their benefit, worthy of our most earnest
+support, calling upon us for loyal obedience, demanding our respect, and
+inspiring our confidence.
+
+ELEMENTARY QUESTIONS.
+
+1. What is a law?
+
+2. By whom is a law enforced?
+
+3. Name an activity in life that the law has nothing to do with.
+
+4. Make a list of some of the laws that your father and mother make in
+your home.
+
+5. Make a list of some of the rules of conduct found in school.
+
+6. Go to a store in your town. Are there rules of conduct for the clerks?
+What are they?
+
+7. Who makes the rules in a home? In a school? In business institutions?
+
+8. Upon which side of the street must a person drive? Why?
+
+9. Who fixes the rules of measurement and weight?
+
+10. Suppose that you buy a ton of coal and find later on that you only
+received 1500 pounds. Could you do anything about it? Why should the coal
+dealer be punished?
+
+11. What would it be like if we had no laws at all?
+
+ADVANCED QUESTIONS
+
+A. In imposing punishment upon a wrongdoer, what elements does the judge
+consider in fixing the amount of fine or the length of punishment?
+
+B. Why do we have our laws printed? What would be the dangers of having
+secret laws concerning the nature and existence of which the people could
+not obtain information?
+
+C. What is the distinction between a rule of conduct in the home and a law
+of the land?
+
+D. List a number of laws and penalties in addition to those cited by the
+judge.
+
+E. Why cannot one have liberty without law?
+
+F. Why are people punished when they break the law?
+
+G. Is it ever right to break the law?
+
+H. Write a paper on the following:
+
+
+    Why Breaking the Postal Laws Deserves Severe Punishment
+
+    Liberty Under the Law
+
+    The Danger of Counterfeit Money
+
+    Laws that Should Be Passed
+
+    How to Have a Law Passed
+
+
+
+
+
+VII. THE CONSTITUTION
+
+
+   Personal Guaranties Grouped Under The Title "The Short Constitution"
+
+
+We now take up the subject of the Constitution of the United States. It is
+important because it is the foundation of the rights and liberties of all
+Americans. It relates to the rights and liberties of everyone in this
+room. It is our great charter.
+
+Gladstone, the great English statesman, once said, "It is the greatest
+work ever struck off at any one time by the mind and purpose of man."(35)
+It is quite a long document. I want every one of us to read it carefully
+and study it thoroughly.
+
+The larger part of the Constitution consists of provisions telling of the
+qualifications and manner of election of the President, Senators, and
+congressmen, the powers and duties of the various parts of our government,
+procedure of government, and the relations of the Nation and the States.
+These are important.
+
+But more important still are the ways in which the Constitution guarantees
+the rights, liberties, and privileges of all men, women, and children who
+live under the American flag. These guaranties are numerous, but they are
+briefly stated. Any of us can understand them if we but read them
+carefully and catch their meaning. It ought not to be difficult to cause a
+person to study the things which relate to himself, to the most important
+things in his own life. Liberty we prize most dearly. Everyone of these
+guaranties in the Constitution is intended to guard and protect the
+freedom and liberty which you and I enjoy.(36)
+
+To make our task more simple, I have selected from the Constitution those
+sections which deal with our privileges as American citizens. You can see
+them in the copy of the Constitution which you have. (See page 217.) I
+have grouped these together and for convenience I shall call it "The Short
+Constitution". As you can see, there is nothing in it that is not in the
+original Constitution. It is just as if I had taken a pair of shears, cut
+out these phrases from the Constitution, and pasted them together. It
+makes it more convenient for us.
+
+Take this "Short Constitution" home with you. Bring it with you when you
+come to school. Talk with your father and mother about it. It may be that
+sometime a knowledge of these rights that every American citizen now has
+may save to you your home, your freedom, or your life.
+
+Now I am going to read this:
+
+THE SHORT CONSTITUTION
+
+
+    Article I (_Amendment I._)
+
+    Congress shall make no law respecting an establishment of
+    religion, or prohibiting the free exercise thereof; or abridging
+    the freedom of speech, or of the press; or the right of the people
+    peaceably to assemble, and to petition the Government for a
+    redress of grievances.(37)
+
+    Article II (_Amendment II._)
+
+    A well regulated Militia, being necessary to the security of a
+    free State, the right of the people to keep and bear Arms, shall
+    not be infringed.
+
+    Article III (_Amendment III._)
+
+    No Soldier shall, in time of peace, be quartered in any house,
+    without the consent of the Owner, nor in time of war, but in a
+    manner to be prescribed by law.
+
+    Article IV (_Amendment IV._)
+
+    The right of the people to be secure in their persons, houses,
+    papers, and effects, against unreasonable searches and seizures,
+    shall not be violated, and no Warrants shall issue, but upon
+    probable cause, supported by Oath or affirmation, and particularly
+    describing the place to be searched, and the persons or things to
+    be seized.
+
+    Article V (_Amendment V._)
+
+    No person shall be held to answer for a capital, or otherwise
+    infamous crime, unless on a presentment or indictment of a Grand
+    Jury, except in cases arising in the land or naval forces, or in
+    the Militia, when in actual service in time of War or public
+    danger; nor shall any person be subject for the same offence to be
+    twice put in jeopardy of life or limb; nor shall be compelled in
+    any criminal case to be a witness against himself, nor be deprived
+    of life, liberty, or property, without due process of law; nor
+    shall private property be taken for public use, without just
+    compensation.
+
+    Article VI (_Amendment VI._)
+
+    In all criminal prosecutions, the accused shall enjoy the right to
+    a speedy and public trial, by an impartial jury of the State and
+    district wherein the crime shall have been committed, which
+    district shall have been previously ascertained by law, and to be
+    informed of the nature and cause of the accusation; to be
+    confronted with the witnesses against him; to have compulsory
+    process for obtaining witnesses in his favor, and to have the
+    Assistance of Counsel for his defence.
+
+    Article VII (_Amendment VII._)
+
+    In suits at common law, where the value in controversy shall
+    exceed twenty dollars, the right of trial by jury shall be
+    preserved, and no fact tried by a jury shall be otherwise
+    re-examined in any Court of the United States, than according to
+    the rules of the common law.
+
+    Article VIII (_Amendment VIII._)
+
+    Excessive bail shall not be required, nor excessive fines imposed,
+    nor cruel and unusual punishments inflicted.
+
+    Article IX (_Amendment IX._)
+
+    The enumeration in the Constitution, of certain rights, shall not
+    be construed to deny or disparage others retained by the people.
+
+    Article X (_Amendment X._)
+
+    The powers not delegated to the United States by the Constitution,
+    nor prohibited by it to the States, are reserved to the States
+    respectively, or to the people.(38)
+
+    Article XI (_Amendment XIII, Sec. 1._)
+
+    Neither slavery nor involuntary servitude, except as a punishment
+    for crime whereof the party shall have been duly convicted, shall
+    exist within the United States, or any place subject to their
+    jurisdiction.
+
+    Article XII (_Amendment XIV, Sec. 1._)
+
+    All persons born or naturalized in the United States, and subject
+    to the jurisdiction thereof, are citizens of the United States and
+    of the State wherein they reside. No State shall make or enforce
+    any law which shall abridge the privileges or immunities of
+    citizens of the United States; nor shall any State deprive any
+    person of life, liberty, or property, without due process of law;
+    nor deny to any person within its jurisdiction the equal
+    protection of the laws.
+
+    Article XIII (_Amendment XV, Sec. 1._)
+
+    The right of citizens of the United States to vote shall not be
+    denied or abridged by the United States, or by any State on
+    account of race, color, or previous condition of servitude.
+
+    Article XIV (_Art. I, Sec. 9, Cl. 2._)
+
+    The Privilege of the Writ of Habeas Corpus shall not be suspended,
+    unless when in Cases of Rebellion or Invasion, the public Safety
+    may require it.
+
+    Article XV (_Art. I, Sec. 9, Cl. 3._)
+
+    No Bill of Attainder or ex post facto law shall be passed.
+
+    Article XVI (_Art. I, Sec. 9, Cl. 8._)
+
+    No Title of Nobility shall be granted by the United States: And no
+    Person holding any Office of Profit or Trust under them, shall,
+    without the Consent of the Congress, accept of any present,
+    Emolument, Office or Title of any kind whatever, from any King,
+    Prince, or foreign State.
+
+    Article XVII (_Art. III, Sec. 2, Cl. 3._)
+
+    The trial of all Crimes except in Cases of Impeachment, shall be
+    by Jury, and such Trial shall be held in the State where the said
+    Crimes shall have been committed; but when not committed within
+    any State, the Trial shall be at such Place or Places as the
+    Congress may by Law have directed.
+
+    Article XVIII (_Art. III, Sec. 3, Cl. 1._)
+
+    Treason against the United States, shall consist only in levying
+    War against them, or in adhering to their Enemies, giving them Aid
+    and Comfort. No person shall be convicted of Treason unless on the
+    Testimony of two witnesses to the same overt Act or on Confession
+    in open Court.
+
+    The Congress shall have power to declare the Punishment of
+    Treason, but no Attainder of Treason shall work Corruption of
+    Blood, or Forfeiture except during the Life of the Person
+    attainted.
+
+    Article XIX (_Art. IV, Sec. 2, Cl. 1._)
+
+    The Citizens of each State shall be entitled to all Privileges and
+    Immunities of Citizens in the several States.
+
+    Article XX (_Art. VI, Cl. 3._)
+
+    No religious Test shall ever be required as a Qualification to any
+    Office or public Trust under the United States.
+
+
+Now that is not long, is it? Yet in this brief part of the Constitution
+are contained provisions the most important for the common people ever
+written by the hand of man in all the history of the world. In some
+countries of the world people have some of the rights and privileges
+guaranteed by our Constitution, but in no other country in the world do
+the people have a written guaranty of all the rights, privileges, and
+liberties set forth in these short extracts from the Constitution of the
+United States.
+
+I want you all to get fixed in your minds the date of the adoption of the
+original Constitution by the convention--1787.(39) That was more than a
+century and a quarter ago.
+
+I want every child to understand just why the Constitution was made, how
+it was made, something of the men that made it, and how the people of the
+States approved of the Constitution before it became binding.
+
+I also want you to understand something of the changes and additions made
+by the people since the Constitution was first adopted. I want you to
+understand that it is the Constitution of the people, the whole people,
+and I want you to know that the people can change the Constitution or make
+additions to it whenever they want to.(40)
+
+So at our next meeting I am going to tell you something of the making of
+the Constitution.
+
+ELEMENTARY QUESTIONS
+
+1. Compare "The Short Constitution" on pages 56-60 with the complete
+Constitution found at the back of the book.
+
+2. Why were these parts selected from the entire Constitution? Is there
+any similarity in the various parts selected?
+
+3. What are the most important provisions of the Constitution of the
+United States?
+
+4. Do the guaranties of the Constitution protect the rights of all people
+living in America, or do they apply only to a few favored classes?
+
+5. What was the date of the adoption of the original Constitution?
+
+ADVANCED QUESTIONS
+
+A. Why are we interested in our rights?
+
+B. What are the dangers of talking too much about our rights?
+
+C. Make a list of a duty to correspond with each right selected.
+
+D. Write a paper on the following:
+
+
+    The Officials Provided by the Constitution
+
+    The American Bill of Rights
+
+
+
+
+
+VIII. MAKING THE CONSTITUTION
+
+
+ How The Convention Of 1787 Drafted The Constitution Of The United States
+
+
+You will remember from your study of American history that when the early
+colonists came to this country they settled along the Atlantic coast in
+many separate and distinct groups. Not all had come from the same country.
+Most of them were English, but there were also smaller settlements of
+Dutch, French, Germans, and Swedes. It was not many years until the
+English had taken control of all the land from Maine to Georgia, but even
+then not all the English were alike. There were Puritans and Cavaliers,
+Scotch and Irish, Scotch-Irish and Quakers. They differed in their ideas
+of government, religion, and education.
+
+These colonists had come for many purposes. Some had come to make their
+fortune. Others because of trouble at home. Most had come to be free, to
+worship God in the way they chose, to form their own government, to make
+their own laws, to govern themselves; and in the early days, they had met
+with success.
+
+But as time went on, as more people came, as ships were built, and trade
+and commerce increased, the government of England became more and more
+tyrannical. The English people may not have favored this, but they did not
+direct the acts of their king and his officers. Taxes were placed on the
+colonists without their consent. They were forced to accept laws not of
+their own choosing. The king refused them the right to select their own
+judges. They could not trade where they pleased. If you will read the
+Declaration of Independence you will see how their liberties were
+restricted.(41)
+
+All this time the various colonies were as separate as so many distinct
+countries. They did not know each other. There was little travel from one
+to another. They were quite different. But they were alike in the fact
+that each wanted liberty, and that each was subject to oppression from the
+English king.
+
+So from time to time we find them sending delegates to some common meeting
+place to discuss a plan of action. In 1754 a group met at Albany to
+suggest a plan of union. In 1765 England passed the Stamp Act which put a
+tax upon certain articles such as books, newspapers, and playing cards. A
+person could not sell one of these articles without pasting upon it one of
+these stamps, the money from which went to England as a tax. It was much
+like our war tax upon tooth paste, shaving soap, and playing cards. The
+difference was this. The colonists had never given the right to make this
+tax. It had been imposed upon them by England; and further, if a person
+were accused of selling a book or newspaper without this stamp, he could
+be severely punished.(42) This enraged the colonists, and in New York in
+the following year, there met a group of delegates from nearly all the
+colonies to discuss ways and means of meeting this.
+
+Again in 1774, conditions having become worse, delegates from twelve
+colonies met at Philadelphia at the First Continental Congress to consider
+the grievances against Great Britain. The Second Continental Congress
+following it carried on the first years of the Revolutionary War. It
+drafted and adopted the Declaration of Independence. It raised and
+provided for the armies, and brought the States together.
+
+But it needed a kind of constitution. So in 1777 the Articles of
+Confederation were drawn up and adopted by Congress and by 1781 all the
+States had finally adopted them. But they were inadequate. Each of the
+thirteen States wanted all the power in its own hands.(43)
+
+You cannot blame them. Picture to yourself these little settlements down
+on the Atlantic Coast. All together they did not have as many people as
+there are in the State of New Jersey to-day. They and their fathers had
+left their homes and traveled thousands of miles over stormy seas to find
+liberty. They themselves had fought a long war against England to make
+themselves free. They did not wish to give up these powers.(44)
+
+But the wiser people in the different States saw that to form a more
+perfect union it was necessary to grant the central government more
+powers, and to fix forever certain rights which every American citizen
+should enjoy throughout the years to come. So the people selected men as
+their representatives and authorized them to meet with the representatives
+from other States at Philadelphia in 1787 to draw up a plan of government
+which would be strong enough to hold the country together and govern it
+effectively.
+
+Now who were these men? They were men who were selected by their neighbors
+to represent them, just as men are elected to-day to represent us in the
+legislature of our State or in Congress. To be sure, in those days not all
+men were allowed the right to vote. In some States a man had to have a
+certain amount of money before he could vote. In others men of certain
+religious faiths were not allowed to vote. But the delegates to the
+Constitutional Convention were men who were fairly representative of all
+the people. When we consider the work that they did, that they wrote our
+Constitution, that they were able to do this at the time they did, we must
+feel that a wise Providence guided their selection and inspired them in
+their wonderful work.
+
+There in Independence Hall in Philadelphia were Benjamin Franklin and
+George Washington, James Madison and Edmund Randolph, Alexander Hamilton
+and Gouverneur Morris. Almost all the prominent men of the time took
+part.(45)
+
+They took the best that they knew of the experience of the human race in
+government, especially the experience of England and America, and from
+this they drew up the Constitution of the United States, the foundation of
+the government under which we live.(46)
+
+When they had finished their work--that part of the Constitution which
+precedes the amendments--they submitted it to the States. They were very
+careful to see to it that the people themselves should approve of this. So
+instead of having the usual legislature of each State vote upon it, they
+provided that the people of each State should elect delegates for a
+special convention, the sole purpose of which was to decide whether or not
+they would like to live under a government like this.(47) These
+conventions, elected by the people for this special purpose, met and one
+after another, often after a bitter struggle, ratified the Constitution.
+The chief objection was that the rights of all Americans were not clearly
+stated.
+
+So at the first meeting of Congress, the first ten amendments--our American
+Bill of Rights--were adopted and in 1791 they were ratified by the States.
+Since then the Constitution has been rarely amended. In 1798 and in 1804
+the eleventh and twelfth amendments regarding the courts and the election
+of the President were adopted. After the Civil War three amendments were
+adopted regarding the problem of the negro citizen. Since then we have
+added changes regarding the income tax, the election of United States
+Senators, and prohibition. The last amendment, dealing with the extension
+of the vote to women, was ratified by Tennessee as the thirty-sixth State
+on August 18, 1920.
+
+To-day then, our government is founded upon the Constitution made shortly
+after the Revolutionary War. It represents the aims and ambitions of the
+fathers of our country. They came to this land to be free. They suffered
+persecution. They threw off the yoke of the oppressor. They established a
+government of the people, by the people, for the people. The people
+selected the men who drew it up. They selected the men who amended it. Our
+task is to understand what it means, to obey it, and protect it.
+
+The lofty purpose of the fathers of the republic in establishing this, the
+first real government by the people, is expressed in these thrilling
+words:
+
+"_We the people of the United States, in Order to form a more perfect
+Union, establish Justice, insure domestic Tranquility, provide for the
+common defence, promote the general Welfare, and secure the Blessings of
+Liberty to ourselves and our Posterity, do ordain and establish this
+CONSTITUTION for the United States of America._"
+
+ELEMENTARY QUESTIONS
+
+1. Why did the early settlers come to America?
+
+2. From what countries did they come? Which countries were most important?
+
+3. Why did they become dissatisfied with English rule here?
+
+4. Why did they wish to unite? Name some of the earlier attempts at union.
+
+5. When was the Stamp Act passed? What was it supposed to do? Why did the
+colonists object?
+
+6. Why were the Articles of Confederation not satisfactory?
+
+7. What was the meeting in Philadelphia in 1787? How were the
+representatives at this meeting chosen? How did they try to see that the
+representatives at this meeting actually represented the people?
+
+8. How was the Constitution ratified by the people? In what way did they
+try to make it the actual will of the people?
+
+9. When was our Bill of Rights passed?
+
+10. What amendments have been added to the Constitution since 1791?
+
+ADVANCED QUESTIONS
+
+A. How did the makers of the Constitution guard against the abuses cited
+in the Declaration of Independence?
+
+B. How were the defects in the Articles of Confederation guarded against
+and remedied?
+
+C. What experience had the makers of the Constitution had which enabled
+them to prepare so successful a document?
+
+D. Would you say that Gladstone's statement, "It is the greatest work ever
+struck off at any one time by the mind and purpose of man" was literally
+true?
+
+E. How did the allusions to other countries made during the convention
+show the advantage of America's being a "melting pot"?
+
+F. What people were allowed to vote at the time of the adoption of the
+Constitution?
+
+G. What were the chief objections urged against ratification of the
+Constitution?
+
+H. Write a paper on the following:
+
+
+    Why the People Needed a Constitution
+
+    The Main Points Included
+
+    A Comparison of the Work Done Then and the Outline Made in Answers
+    to Questions J Chapter Two
+
+    George Washington
+
+    Benjamin Franklin
+
+    Alexander Hamilton
+
+    James Madison
+
+
+
+
+
+IX. FREEDOM
+
+
+  How Freedom Of Worship, Speech, The Press, And Assembly Are Guaranteed
+
+
+This morning we begin the consideration of what I believe to be the most
+important of all the subjects we have talked about. I think people are
+more interested in their privileges and rights than they are in their
+duties. In fact we hear a great deal and we read a great deal about
+"rights", but we do not find very much said on the streets, in the homes,
+or in the newspapers about our "duties".(48)
+
+Now we have considered in a very general way the nature of our government
+and something of our powers and duties under the Constitution. I know that
+you will be interested in considering our rights and privileges under the
+Constitution of the United States.
+
+Always keep in mind that each State has a Constitution, and that the
+Nation has a Constitution, that the Constitution of the United States
+covers the entire Nation, not only the original thirteen colonies, but the
+present forty-eight States, and that any States that may hereafter be
+brought in the Union will have as their fundamental law the Constitution
+adopted by the people in the long ago.(49)
+
+Also always keep in mind that the Nation has certain powers, and that the
+Constitution of the United States is supreme only as to the things over
+which the United States as a Nation has control.
+
+But it is important to bear in mind that the great principles of the
+Constitution of the United States have been carried into the Constitutions
+of the various States, and that the rights and privileges of the people
+under the Constitution of the United States have also to a large extent
+been guaranteed by the Constitutions of the States.(50)
+
+This morning we take up a constitutional guaranty which you perhaps have
+not thought much about, but which is one of the most important in the
+whole Constitution--_Freedom of Worship_. The Constitution provides:
+
+_"__Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof.__"_(51)
+
+As we look back through the history of the world we are startled to find
+that this was the first written guaranty that the people of any nation
+ever had permitting them to worship God according to the dictates of their
+own conscience.(52)
+
+Now some of you may not realize how important this is; but there is
+nothing so dear to the human heart as the right, the privilege, of
+belonging to that church and worshipping God in that manner which each
+individual may desire. We do not realize the value of such a privilege
+until some one, or some power, seeks to take it away from us. All through
+the world men and women and children have fought, and many of them have
+died, for this privilege. It was the custom of the nations of the world
+before our Constitution to have an established religion, a National
+religion, and in many of the countries it was the law that every one must
+belong to the state church, and must actually believe in the religion of
+the state. In fact, in many countries, refusal to believe in the religion
+of the state was punished by death--sometimes by burning to death, and I am
+sure you will be surprised to realize that while America was first settled
+by people who were seeking religious freedom, they were still so imbued
+with a feeling of the old days that persons must worship, not as their
+conscience might dictate, but as the state might dictate, that for many
+years in this country in certain of the colonies a state religion was
+recognized, and obligation to conform to the established religion enforced
+by severe penalties.
+
+In the colony of Virginia the established or state church existed, and it
+was the law that any person who did not conform thereto should be punished
+by burning to death. This is startling, isn't it, to hear of such a brutal
+law upon American soil? Virginia afterwards became the pioneer in
+legislation establishing freedom of worship, but it took the most
+strenuous efforts of Thomas Jefferson through many years to finally wipe
+out these cruel laws and establish freedom of worship.(53)
+
+The Virginia statute granting absolute freedom of worship was the first
+ever adopted in the history of the world by any state or nation, the first
+guaranty of the right. Freedom of worship had existed before this in
+Maryland under the generous rule of Lord Baltimore, but the first formal
+statute was adopted in Virginia.
+
+Now your teachers tell me that in this school the pupils belong to sixteen
+different churches. I suppose each one of you thinks that the church to
+which he belongs is better than any of the others. I hope you do. I hope
+that every child is sincere in his religious belief, whatever it may be.
+But how would you feel if some representative of the State should come
+here this morning, and announce that a law had been passed by which every
+pupil must belong to the Baptist, the Methodist, the Catholic, or the
+Jewish church? How would you feel if a law were to be read to you which
+provided that unless you changed your religious belief and adopted some
+other, you would be burned to death out here on the hillside? You can
+hardly believe that such a thing would be possible in any age of the
+world; and yet never forget that the foregoing provision which I have read
+from the Constitution of the United States was the first declaration of
+the right of the people of a whole Nation to worship God according to
+their own will, their own conscience.
+
+The declaration of this great right by the Constitution of the United
+States has been in full force ever since the adoption of the Constitution,
+not only as a National law, but similar provisions have been made the
+policy, usually by the Constitution, of every State in the Union. What a
+glorious thing it is to live in a Nation and in an age where no man, no
+state, and no power can tell you what to believe, or how to express your
+belief, what church you shall attend, or in what manner you shall express
+your religious faith.
+
+Not only this, but this constitutional guaranty protects every one in his
+right to belong to no church if he so elects. The soul is free. No power
+can compel one to belong to any church, nor in any manner to hold or
+exercise religious faith, or religious duty or obligation. _In other
+words, men are free_, and this freedom, aside from any other guaranty of
+the Constitution, should make us all feel affection and veneration for
+this great charter of human liberty.
+
+But freedom of worship is only one of the many rights and privileges
+guaranteed to the people--to all the people.
+
+Another great natural right--God given right--is firmly and finally
+established:
+
+"_Congress shall make no law ... abridging the freedom of speech or of the
+press._"(54)
+
+Here again remember, when you are thinking of what you owe to your
+country, that this declaration of the Constitution was the first in all
+the history of the world by which a Nation guaranteed to all the people
+the right freely to express their thoughts in words or in writing. This
+was the first time the chains were taken from the human intellect. No one
+will ever be able to number the men and women who, throughout the history
+of the world, were condemned to death, because they dared to express their
+sentiments. If Patrick Henry had delivered his famous speech in which he
+said, "Give me liberty, or give me death", in England rather than America,
+he would have been promptly punished. Hundreds of the colonists would have
+been hanged by the British government if they had expressed themselves in
+the mother country instead of in the new world. Kings to hold their power
+in the old world, to keep the people so terrorized that they would submit
+to their will, made the practice of hanging or beheading those who freely
+spoke their sentiments against the government.(55)
+
+Of course under the old laws those who expressed their religious
+convictions in opposition to the state church by speech or writing were
+usually promptly imprisoned, hanged, or burned.
+
+Now do not have any misunderstanding about this guaranty of freedom of
+speech and of the press. We often hear complaints of certain people about
+certain laws punishing those who abuse the privilege of free speech; but
+there is no law of State or Nation which prohibits the speaking or writing
+of anything in this country. Men may speak and write what they will; but
+there are some laws punishing those who abuse this great privilege to the
+injury of another person, or to the injury of the Nation. Of course no one
+would feel that it was right to allow another to write libelous articles
+about your neighbors. You would not feel that it would be right to permit
+some vile person to write false and vicious articles about your mother or
+your father; and yet any one may do so. They cannot be prohibited or
+enjoined from doing so, but they may be punished after doing so, after
+they have been tried in a court and found guilty of libel by a jury of
+their fellowmen.(56)
+
+So if one writes a threatening letter to your father, telling him that he
+will kidnap his child unless he pays ten thousand dollars by a certain
+time, such person is exercising his constitutional right to freedom of
+expression, but no one would think that it was right to permit him thus to
+abuse his constitutional right without being punished for it; and
+consequently such person may be arrested and tried, and if found guilty,
+punished.
+
+So in these later days it has been found wise, not to prohibit persons
+from giving expression to their views about our government, but to punish
+those who show by their words or writing that they are rebels against our
+government, endeavoring by their words to cause a revolution, to incite
+people to use force, bombs, or the torch to destroy our government.
+
+No one can ever be punished for criticising our government, or any of the
+officers of our government, so long as he does not undertake to destroy
+our government, and I am sure that you would not think it right to permit
+any one to destroy the government controlled by ourselves which has
+brought to us so many blessings. Nearly every one agrees that if a person
+should use bombs or the torch in an effort to cause revolution and destroy
+our form of government, such a person should be punished; but there are a
+few who think that they should not be punished until they actually begin
+destruction. Of course we cannot agree with them. The man who goes out on
+the street corner and advocates the use of the bomb and the torch to
+destroy our government, who arouses passions willfully with the purpose of
+destroying the government, is doing just as much wrong as is done by the
+person who follows his advice and uses the bomb and the torch. In fact the
+man who advocates revolution and destruction, who preaches the use of the
+bomb and the torch, who plants the poison in the hearts of his fellowmen,
+and incites them to revolutionary action is more guilty of wrong than are
+those who, stirred by his appeals, carry out his wishes.
+
+In punishing those who thus violate every principle of loyalty,
+patriotism, and right the constitutional provision is in no manner
+modified. The worst revolutionist has the freedom of speech and of the
+press guaranteed to him. The law which punishes him does so only because
+under the protection of the Constitution, he commits a crime against his
+country and against humanity.
+
+America has done more than any other nation in the world in the cause of
+educating the common people. It should exercise care that the people
+should be educated in the true spirit of America, that their minds should
+not be poisoned by the vicious teachings of those, not Americans at heart,
+who seek to poison souls and rob the people of their patriotism and of
+their loyalty.
+
+In the olden days so tyrannical was the king that in many instances when
+the people complained of their burdens and sought rights and privileges
+they were punished for daring to seek relief. The king would usually give
+them what he thought they ought to have and would not listen to
+complaints. One of the rights which the people always hoped for was the
+privilege of assembling, meeting together, talking over their troubles,
+drawing up a petition, signing, and presenting it, praying "a redress of
+grievance". When the representatives of the people met in the
+Constitutional Convention in Philadelphia they had before their minds the
+things that the people had suffered under old forms of government and it
+was their earnest effort to provide constitutional guaranties which would
+prevent the abuses to which the people were compelled to submit in the old
+world. Therefore one of the provisions of the Constitution of the United
+States is the following:
+
+"_Congress shall make no law ... abridging ... the right of the people
+peaceably to assemble, and to petition the Government for a redress of
+grievances._"(57)
+
+Under this constitutional guaranty the people have the right to assemble
+peaceably at any time or place, to talk over their troubles, and to draw
+up a petition to the government seeking relief from unjust burdens. Where
+they assemble peaceably there is no officer of the government and no court
+that can interfere with them; and when they petition the government they
+cannot be reprimanded or punished in any way. Of course under our
+representative government where the people themselves select those who
+make the laws, the necessity for assembling and drawing up petitions is
+not so great. Yet in Congress and in the legislatures of the various
+States nearly every day petitions come in from some body of people urging
+the adoption of a certain law or objecting to a certain proposed law. If
+you were in Congress or in the legislature you would probably see some
+member arise and say, "Mr. Speaker, I present the petition of the people
+of my district objecting to the passage of Bill No. 781, which I desire to
+have made part of the record", and the Speaker, who is the presiding
+officer, would respond in substance, "the request of the gentleman will be
+granted and the petition will be made part of the record".
+
+What I desire especially to impress upon you this morning is the value of
+this right and the failure of our people to take advantage of the
+privilege granted. This being a government by the people and the laws
+being made by their agents, these agents of the people, members of
+Congress and of the State legislatures, cannot carry out the will of the
+people unless they know what the people want. Ask your father when you go
+home whether or not he has ever written to the member of Congress from
+this district telling him about some law he would like to have passed or
+about some proposed law he would like to see defeated. The truth is that
+there are large numbers of people in this city who do not even know the
+name of their congressman, or representative in the legislature of the
+State. They do not pay any attention to such things, yet when the
+legislature or Congress passes a law they are always ready to criticise
+and condemn, despite the fact that before it was passed they did not take
+interest enough to give an expression of their views to those who were
+trying to follow the wishes of the people. From time to time the people
+should assemble in every community to talk over government matters, their
+matters, the things that come most close to them in life. You will find
+men and women meeting every month in their lodges and clubs, discussing
+all sorts of things, music, art, and literature, but we find hardly any
+organized meetings for the discussion of the big things in life, our
+liberties, our rights, and our duties as citizens of this free republic. I
+hope to see the time when there will be community centers and regular
+assemblies, not for amusement but for serious discussion, serious thought,
+and earnest cooeperation in the affairs of the city, State, and Nation.
+There is so much complaint in these days that it would be of great value
+at these assemblies to allow every person who has a grievance against the
+government or any branch of the government to present it for discussion.
+The rights and duties of each individual in government are of importance
+to every other person, and there should be frankness, honesty, and
+earnestness in every discussion of grievance and remedies, so that public
+sentiment may be developed. Government in a democracy is government by the
+sentiment of the people; and the sentiment of the people can only be
+created and manifested by talking over the things in which all people are
+interested--the problems of life, liberty, and happiness.
+
+ELEMENTARY QUESTIONS
+
+1. Which colonists came to America to avoid religious persecution?
+
+2. Why do people fight and die for their religious beliefs?
+
+3. In what ways were people persecuted for their religious beliefs?
+
+4. Where was the first statute granting absolute freedom of worship
+passed?
+
+5. Why is it a good thing to have freedom of speech?
+
+6. Name some famous Americans who have been outspoken in saying what they
+thought.
+
+7. Can you publish in the paper a statement that Mr. X is a burglar? If
+so, can you be punished if your statement is not true? If so, how can you
+have freedom of speech?
+
+8. Is the Constitution of the United States in force in all the States of
+the Union?
+
+9. Are there other constitutions which the people of different States must
+observe?
+
+10. Why did the people want the right to assemble?
+
+11. Do you know of any countries where they do not allow it?
+
+12. Do you know of anyone who ever sent a petition to a State legislature?
+To Congress? What was it like?
+
+13. How many assemblies of people and petitions help to make our
+representatives do what we want them to do?
+
+ADVANCED QUESTIONS
+
+A. Name the places in the world, where to-day there is religious
+persecution.
+
+B. Describe the conditions in Armenia.
+
+C. What are the real advantages of religions liberty?
+
+D. Just how would it affect a person if freedom of speech were not
+allowed?
+
+E. How may the right to freedom of speech be abused?
+
+F. During the recent war, men were punished for what they said under what
+is known as the Espionage Act. How can this be reconciled with freedom of
+speech?
+
+G. Discuss the method of organizing a community meeting.
+
+H. Discuss the method of preparing a petition.
+
+I. Suppose the opinion of the meeting should be divided, what should be
+the procedure?
+
+J. Plan a method to make the people talk more about government.
+
+K. What are the dangers of a lack of interest in the affairs of
+government?
+
+L. How will a congressman represent the wishes of the people if he
+receives no petitions?
+
+M. Write a paper on the following:
+
+
+    The Story of the Pilgrims
+
+    Roger Williams and the Providence Colony
+
+    Lord Baltimore
+
+    Thomas Jefferson and Religious Liberty
+
+    Censorship of the Press and Freedom of Speech
+
+    What to do with an Anarchist Meeting
+
+    Socialist Papers
+
+    The Importance of the Right of Petition
+
+    Keeping In Touch with our Representatives
+
+    Some Petitions I have Seen
+
+    Things for Which We Should Petition the Legislature
+
+
+
+
+
+X. MILITARY PROVISIONS
+
+
+  Rights Of Citizens To Bear Arms--Restrictions On Quartering Soldiers In
+                                  Homes
+
+
+Again we find the framers of the Constitution looking back into the past
+at abuses imposed upon the people by kingly power. They inserted in the
+Constitution the following provision:
+
+"_A well regulated Militia, being necessary to the security of a free
+State, the right of the people to keep and bear Arms, shall not be
+infringed._"(58)
+
+They were making a government of free States. They did not wish to see the
+National government become the master of the States nor the master of the
+people. They believed that the government should be the servant and not
+the master. They wanted to have the power in the hands of the people of
+the States to protect their rights if they ever should be invaded by
+force; and therefore they furnished to the people of all the States the
+guaranty that the States should have the right to have militia, that is,
+soldiers organized to maintain order and to defend the State, if
+necessary, against abuse of power; and they guaranteed to the people the
+right to bear arms lawfully.
+
+If you read the history of the old world you will find many instances of
+soldiers entering the homes of the people to search for fire arms or other
+weapons, taking them away, possibly punishing those who had them. The
+people are guarded by our Constitution against any such conduct on the
+part of soldiers or representatives of the National government. Of course
+this right, like the right of free speech, may be abused and when abused
+punishment may be imposed. For instance, it is dangerous to the good order
+of a community that persons should carry concealed weapons and therefore
+in every State there is some law concerning this. If a man should walk
+down the street here with a loaded revolver in his pocket he could be
+arrested and imprisoned, or fined, but in this State a man could walk down
+the street with a shot gun in his hands or any other weapon where it is
+exposed so people could see it. A law against carrying concealed weapons
+imposes no burden upon any law-abiding citizen. There are regulations, of
+course, permitting certain persons to carry weapons concealed, police
+officers, a sheriff, and other peace officers; and there is a law under
+which any person of good moral character may make application for
+authority to carry concealed weapons which will be granted under certain
+restrictions. Some States require a bond to be filed guaranteeing good
+conduct. Persons who have to carry large sums of money, express messengers
+upon the trains, post office employees who carry registered mail, and
+other persons may be granted the privilege of carrying concealed weapons.
+The laws regarding carrying concealed weapons differ from State to State,
+the punishment in some being a term in the penitentiary.
+
+But in all this we find only regulation and careful provision to help
+maintain order and peace; and with it all we find the absolute right given
+by the Constitution to the people to maintain their State militia and to
+keep and bear arms within reasonable regulations which may be provided by
+the different States.
+
+Then we find a strict guaranty of the Constitution against an abuse which
+was common in the old world. You know before America came into being the
+strength of a government was the power of a government. The people were
+ruled by force; they were kept in constant fear. When this Nation was
+organized it was the hope of the founders that we could have laws so just
+that people would have love for their country and respect for its laws, so
+that we would not have to inspire fear in the hearts of the people in
+order to make them obey. Laws should be obeyed not because of fear, but
+because of respect, because of a sense of duty. Laws should be obeyed
+because we know that laws are necessary to protect our own liberties. We
+know that without law, liberty is impossible.
+
+So that when the Constitution was framed, reflecting upon the abuses of
+the old world, the makers of the Constitution inserted this guaranty:
+
+"_No Soldier shall, in time of peace, be quartered in any house, without
+the consent of the Owner, nor in time of war, but in a manner to be
+prescribed by law._"(59)
+
+In the olden days the military power was supreme. The soldier was part of
+the military power. The ordinary citizen was compelled to submit to many
+of the wishes of the soldiers in times of peace as well as in times of
+war. In reading the history of the world you will find that soldiers
+exercised the right to enter the homes of the people and demand food and
+shelter. Of course the people, being in fear of the military power, would
+not think of refusing anything demanded; but the people of America, under
+our Constitution, are supreme. The soldier is subject to the people, not
+the people subject to the soldier. While we must respect those who are the
+defenders of our country, we must also respect our own rights and
+privileges. And every soldier, general or private, must also respect our
+rights and privileges. No soldier can enter any home, no matter how
+humble, without the consent of the owner, except in times of war. Even in
+times of war he cannot enter except under circumstances and conditions
+prescribed by law. The law being made by the people, they will be
+protected against abuse. Of course in times of war every one should be
+glad to give freely of what he has for the soldiers of his country, but in
+times of peace in this country the soldier, under our Constitution,
+understands that the home is sacred and that he has no right there unless
+the owner invites him to enter.
+
+I wonder if the people realize what these guaranties mean to them. I
+wonder if they understand how earnestly and how carefully those who framed
+the Constitution endeavored to protect the sacred rights of every man,
+woman, and child in this country.
+
+ELEMENTARY QUESTIONS
+
+1. Why did the Germans refuse to allow the Belgians to keep and bear arms?
+
+2. Why is this right important to us?
+
+3. Ask some soldier who fought in France to tell you about how soldiers
+quartered in the village. Would you like to see this in America? Why not?
+
+4. What rights has a soldier in time of peace to demand admittance to a
+house, or to demand food?
+
+5. In time of war under what conditions may a soldier be quartered in any
+house?
+
+6. Where is the whole power of government in America? Where is it in a
+kingdom or monarchy?
+
+7. Do you know the name of your congressman?
+
+8. When should a person be allowed to carry weapons?
+
+ADVANCED QUESTIONS
+
+A. What is the importance of the right of keeping and bearing arms?
+
+B. What is the status of the National Guard in your locality? What are its
+duties? What is its purpose?
+
+C. What is the fundamental objection to the quartering of soldiers on a
+population in time of peace?
+
+D. Write a paper on the following:
+
+
+    The Right to Bear Arms
+
+    The Evils of Quartering of Soldiers
+
+    The Purpose of the National Guard
+
+    How the Soldiers Were Quartered in France
+
+
+
+
+
+XI. SEARCH WARRANT AND INDICTMENT
+
+
+    The Home Protected Against Unlawful Search And Seizure--Grand Jury
+                           Indictment Required
+
+
+Following the provision that we last discussed that no soldier shall in
+time of peace be quartered in any house without the consent of the owner,
+nor in time of war except in a manner prescribed by law, we find the
+Constitution making a most positive provision guarding the sacredness of
+the home, the sacredness of the person, and the things belonging to each
+person. In the olden days the people had to submit to the most brutal
+conduct. A man might think some one had stolen his ring or his watch.
+Suspecting a neighbor, and being the stronger, or assembling his friends,
+or some officers, he might enter the neighbor's home, search all through
+the house among papers, in the desks, and in every trunk and other place
+where personal belongings were kept, might search the person himself, his
+pockets, and clothing.
+
+Of course you can easily understand that the people who were thus abused
+would resent such actions. In England the people in early days had
+protested and had secured some guaranties from the king against these
+outrages, but the first absolute written guaranty of the full rights of
+the people was when the following provision was inserted in our
+Constitution:
+
+"_The right of the people to be secure in their persons, houses, papers,
+and effects, against unreasonable searches and seizures, shall not be
+violated, and no Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized._"(60)
+
+Of course it is apparent that so long as we have crimes committed the
+wrongdoer must be punished. Wrongdoers naturally try to conceal the
+evidence of their crimes: the murderer seeks to hide the revolver, the
+thief seeks to hide the money, the bonds, or the jewels. So it is
+necessary, in order to find criminals and to recover valuable things they
+may have taken, to have the privilege of searching persons or houses. But
+the thing which the Constitution guarantees is that no such search shall
+be made except upon warrants issued by some court, which are commands to a
+peace officer to seize a certain person (arrest him) or to search a
+certain house or other place for things which might aid in administering
+justice. No warrants shall be issued by any court until some one has
+appeared and filed a solemn statement under oath showing some reasonable
+grounds for believing that the search or seizure will disclose evidence of
+the offense. The place must be described. The things or the persons to be
+seized must be described. A warrant issued by any court, no matter how
+high, without such a sworn statement being presented, is void and in
+violation of the rights of every person under the Constitution. The courts
+are often called upon to enforce this right of the people. The home,
+especially under our Constitution, is recognized as sacred. "Every man's
+house is his castle" and wherever, without the proper warrant, search or
+seizure is made, the court will promptly punish the wrongdoer and if
+something has been seized or taken possession of wrongfully the court will
+order it returned. Even though valuable as evidence of guilt, the court
+will not permit it to be used, if it has been seized in violation of the
+guaranty of the Constitution.
+
+No matter how humble the home, whether it be owned or rented, whether it
+have one room or a dozen, it stands exactly the same under this
+constitutional provision, and is guarded against "unreasonable searches
+and seizures". No matter how poor the owner, he can stand at his door and
+defy all the officers of State or government, yes, and all the soldiers of
+the republic, defy them to enter until the provisions of the Constitution
+of the United States shall have been complied with.
+
+Now, we come to guaranties of the right of the people to protection
+against any trial, except the same be conducted in accordance with the
+guaranties of the Constitution. These guaranties are for all persons,
+young or old, rich or poor. You know sometimes the innocent are charged
+with grave crimes. A crime is committed in the darkness of the night. The
+criminal has fled. The first duty of the officers of the government--the
+servants of the people--is to find the criminal so that he may be punished
+for his wrongdoing. This is not an easy task, and no matter how careful
+officers may be, mistakes are sometimes made and innocent persons are
+arrested and charged with the offense. Bring this home to yourself,
+because every one of these constitutional guaranties are for you, for each
+of you, for your father, mother, brothers, and sisters. Keep this in mind.
+Do not consider them as applying to somebody away off, some stranger in
+whom you have no interest. _They apply to you._
+
+Now suppose that to-night a murder should be committed, and to-morrow your
+father should be arrested and charged with the crime of which he was
+entirely innocent. It will be very important to him that he should have a
+fair chance, a fair trial. His liberty would be at stake, and liberty
+under the Constitution is a sacred thing. Thinking of liberty his mind
+would naturally turn to the Constitution, and if he examined it, he would
+find the following guaranty:
+
+"_No person shall be held to answer for a capital, or otherwise infamous
+crime, unless on a presentment or indictment of a Grand Jury, except in
+cases arising in the land or naval __ forces, or in the Militia, when in
+actual service in time of War or public danger._"(61)
+
+Now you do not understand this, do you? And yet it is very simple. When a
+man is arrested, he is brought before the court for trial. But how, and
+before whom shall he be tried?
+
+Remember that in America the enforcement of law is in the hands of the
+people. Remember that this is a government by the people and that the
+chief purpose of government is to protect the liberties of the people.
+Here is your father's liberty at stake. If he should be convicted of
+having committed this murder, he might be hanged or sent to prison for
+life, so it is very important to him that the investigation into the
+charge against him shall be conducted in the right manner.
+
+Under this constitutional guaranty which is also included in your State
+Constitution, there is no court and no judge in the United States big
+enough or powerful enough to call your father before the court for trial
+until he has been indicted by a grand jury. A grand jury, generally
+composed of twelve or more men selected from ordinary citizens, is brought
+together every term of court. They sit in a room by themselves and hear
+evidence as to the commission of offenses. They have no power to find a
+man guilty or not guilty. Their power and their duty is to decide whether
+the evidence brought before them is sufficient to justify putting the
+accused man on trial for the offense. They hear the witnesses for the
+State or government. The defendant is not brought before them personally,
+nor is he represented in any way. It is simply a secret investigation. If
+these men upon this investigation decide the evidence is not sufficient to
+warrant the trial of a man, he is discharged. He cannot be put on trial
+before the court. Before the court can proceed the grand jury must first
+say that the man shall be tried. The people thus have in their hands the
+power of protecting the innocent, and the power of instituting proceedings
+against the guilty. The grand jury brings in its report by an "indictment"
+which is merely a written statement to the court that the grand jury
+believes the defendant should be put upon trial for a certain offense.
+When this indictment is brought in, the defendant is called before the
+court, the charge is read to him, and he is then required to say whether
+he is guilty or not guilty. If he says that he is not guilty, then
+preparation must be made for a trial in the court, before a petit jury, a
+trial jury, which we will consider later. The thing I want to impress upon
+you now is the care with which the framers of the Constitution guarded the
+right of your father to have an investigation by a body of citizens before
+he can be brought up for trial for this murder which has been committed.
+He cannot be dragged by officers before some court and forced to go
+hurriedly through a form of trial only to be found guilty. The proceedings
+must be deliberate and careful. The Constitution guards him against danger
+of conviction without substantial proof of his guilt.
+
+There are a few minor offenses, sometimes called misdemeanors, and there
+are violations of city ordinances, in which an indictment is not
+necessary, but an indictment by a grand jury is necessary whenever the
+crime is infamous or capital; that is, generally speaking, when punishment
+would involve imprisonment in the penitentiary or the taking of life by
+hanging or otherwise. You will understand this better as we consider the
+trial before the petit jury.
+
+You may think it is difficult to learn all about grand juries, the number
+of jurors, and the manner in which they are sworn to perform their duties.
+I do not blame you. But bear in mind I am not insisting that you shall
+learn all these details. Of course the more knowledge we have about these
+matters the better. But _the important thing_ is that you shall learn that
+away back more than one hundred and thirty years ago the people of America
+in framing the Constitution of our country, by written guaranties, made
+this a government by the people. Knowing that the most sacred thing on
+this earth is human liberty, they sought to guard it by providing every
+possible safeguard which would protect the innocent from unjust
+conviction. They trusted the people. While courts were provided, the power
+to accuse the humblest human being living under the American flag of a
+grave offense and bring him before a court for trial was reserved to the
+people themselves.
+
+Grand juries are merely representatives or agents of the people. As they
+sit in court they are exercising some of the highest and most important
+duties exercised by men. Grand jurors and petit jurors hold in their hands
+the liberty of their fellowmen.
+
+It is these great truths I wish to impress upon you. I want you to have
+the knowledge, but more than this, I want you to have the spirit, the
+spirit of confidence in your government, and the spirit of gratitude that
+you live in America where the people rule, where the people not only make
+the law, but enforce it.
+
+ELEMENTARY QUESTIONS
+
+1. In the olden days how could a strong man abuse one suspected of
+stealing?
+
+2. What would he be compelled to do to-day?
+
+3. Why are the guaranties regarding trials important to you?
+
+4. Who may accuse or charge a person with a crime?
+
+5. Is a person charged with a crime necessarily guilty?
+
+6. What is a grand jury? What is its purpose?
+
+7. How are members of a grand jury servants of the people?
+
+8. Is a search warrant valid if no sworn statement has been filed?
+
+9. What are the rights of the owner, if a search is made without proper
+warrant or papers?
+
+10. State the guaranty of the Constitution with reference to indictment by
+a grand jury.
+
+11. Is the session of a grand jury secret or public?
+
+12. Is the defendant present before the grand jury during the
+investigation?
+
+13. What is meant by "indictment"?
+
+14. What is done when the grand jury returns an indictment?
+
+15. What offenses may be prosecuted without an indictment?
+
+ADVANCED QUESTIONS
+
+A. Discuss the procedure of securing a search warrant?
+
+B. If we had no guaranty of security of property rights what effect would
+this have with reference to working, earning, and saving?
+
+C. How is the fact that we have a grand jury an evidence of the care with
+which our government guards our rights?
+
+D. What is a heinous crime?
+
+E. Write a paper on:
+
+
+    Early Abuses of Power in Search and Seizure
+
+    Some Interesting Violations of this Right
+
+    The Grand Jury as an Evidence That the People Rule
+
+    An Account of the Work of One Grand Jury
+
+
+
+
+
+XII. RIGHTS OF ACCUSED
+
+
+      Acquittal By Jury Final--Accused Not Compelled To Be A Witness
+
+
+Now keeping in mind that this is a personal matter with each one of us,
+that we are talking about our own rights, that some day our liberties may
+be in danger, let us take up the next guaranty of the Constitution: "_nor
+shall any person be subject for the same offence to be twice put in
+jeopardy of life or limb_".(62)
+
+I am sure you do not know what that means. I am sure there is not one of
+you who ever dreamed that such a thing might happen to you as to be "twice
+put in jeopardy of life or limb". This is very important and likewise very
+simple. In the olden days, in the old world, many a man was tried for a
+crime in court and found not guilty, and then later was arrested and put
+on trial again and found guilty. Suppose your father, as I said the other
+day, should be arrested, although he were innocent. Suppose he were
+indicted by this grand jury and brought on for trial. He would be
+compelled to hire a lawyer, if he were able to, and get ready for trial.
+The trial would come on, and days or possibly weeks might be spent in
+examining witnesses. Finally the case would close and the jury would bring
+in a verdict of "not guilty". It would be an expensive proceeding. Perhaps
+it would take all the money he had saved. It would not only be expensive
+but it would be a hard strain upon him, your mother, the other children,
+and yourself. It is a very serious matter for an innocent man to be tried
+for murder. Still the verdict of "not guilty" comes in and you are all
+full of joy to realize that his life and liberty have been saved. Now
+suppose it were possible that within a couple of weeks afterwards he could
+again be arrested, indicted, put on trial. All of the family would again
+be subjected to worry and sorrow. You do not think it would be just, do
+you? It would not be right. Of course it wouldn't be right, but men in the
+olden days have been compelled to submit to such injustices. So when the
+Constitution was adopted this guaranty which I just read was put in there,
+so that for any offense against the United States no man can be tried
+again after acquittal. Once a jury of his fellowmen, his neighbors, brings
+in a verdict of "not guilty" that ends forever any prosecution for the
+same offense. He is free and there is no power in the United States nor
+any of its officers to call him again for trial for that offense. Most of
+the States have a like constitutional guaranty.
+
+Then there is another important guaranty: "_nor shall (he) be compelled in
+any criminal case to be a witness against himself_".(63)
+
+I wonder if you have ever heard of the days when men were tortured to make
+them confess. I wonder if you ever heard of the rack where men were
+stretched, almost torn limb from limb, or of the days when men were hung
+up by their thumbs, in order to compel them to admit their guilt of some
+crime. Have you read of the burning of the soles of men's feet? Or the
+application of red hot irons to other parts of the body in order to extort
+a confession? Well those were common things in some of the countries in
+the days before America was born. Men would be arrested, charged with an
+offense, and then an effort would be made to torture them into confessing
+to the crime. And often where no such brutal torture was employed, men
+were brought into court, put on the stand, threatened, examined, and cross
+examined by lawyers to try to gain admissions which might help to prove
+their guilt. Of course this was all wrong. It was brutal. It was a
+violation of human right. When the Constitution of the United States was
+framed this great abuse of human privilege was absolutely barred by the
+provision, that no one can "be compelled in any criminal case to be a
+witness against himself". In this country, when a man is brought into
+court charged with a crime, it is the duty of the government to prove his
+guilt. This proof must be by the sworn testimony of witnesses of certain
+facts or circumstances, aside from any statement or admission by the
+defendant. He cannot be compelled to be a witness at all. If he so wishes,
+however, he may be a witness for himself. This privilege was denied him
+under the English practice for generations, and even in this country in
+many of the States until a comparatively recent time; but never since the
+Constitution was adopted could any person charged with a crime against the
+United States be compelled to testify to any fact or circumstance in
+relation to the crime. Not only can he sit in the court room and listen to
+the stories told against him, but he is guaranteed this right by
+protection against any threats or inducements outside of court and before
+the trial which would lead him to say anything against his innocence.
+Every judge in criminal courts has been compelled at times to refuse to
+admit in evidence before the jury certain statements or alleged
+confessions. You may see in the paper where some man has been arrested for
+breaking into a bank or committing some other offense, and it may be
+further stated that the defendant has confessed that he broke into the
+bank. Naturally you then say to yourself that he will be found guilty.
+Well this constitutional guaranty not only protects him in court but
+protects him out of court. He cannot be compelled to give answers after
+his arrest while he is in jail, or even if he is at liberty under bond,
+which can be used against him upon the trial. Of course a person charged
+with a crime may waive this constitutional guaranty. He may voluntarily
+say that he wants to tell his story, and if he does so without any
+inducement, promises, or threats it may be admitted against him when the
+trial comes. Otherwise not. To be admitted, it must appear to be
+absolutely voluntary and of his own free will. If it appears that the
+confession has been induced by promises of lighter sentence or "that it
+will be easier for him", or if any other inducement is used to get him to
+consent to make his statement, such statement cannot be used in evidence
+because of his constitutional guaranty. Many times I have seen the court
+refuse to admit proof of an alleged confession of a defendant, and I could
+see that the jury trying the case and the people sitting in the court room
+were surprised that the judge would not admit such proof even when the
+confession was signed by the defendant; but the jury and the people did
+not happen to think of this constitutional provision. Perhaps they had
+never heard of it. Every judge is sworn to uphold and defend the
+Constitution. No judge can permit any provision of the Constitution to be
+violated if he can help it. A man is on trial before him. A written
+confession is offered in evidence to help convict him. The defendant's
+attorneys claim that the confession was not voluntary but was induced by
+threats or promises. The court then makes inquiry and hears the witnesses
+upon this question, and if the court finds that the confession was not the
+voluntary act of the defendant, the same will be excluded because the
+Constitution provides that no man "shall be compelled in any criminal case
+to be a witness against himself".
+
+Let us turn again to the false accusation against your father. He is
+charged with murder. He is on trial before a jury. The attorney for the
+government pulls a paper out of his pocket and offers it in evidence. It
+appears to be signed by your father. Your father's attorney objects to
+having it considered by the jury for the reason that the policemen took
+your father into a cell in the jail, and threatened that they would beat
+him with their clubs unless he would sign a paper telling how he committed
+the offense, and that in terror he signed the paper. At this point, the
+court would hear the statements of your father, and other evidence, and if
+it appeared that there were any threats of any kind used to get your
+father to sign the paper, it would not be admitted in evidence at all.
+Your father would only claim his constitutional rights as an American, and
+they would not be denied to him.
+
+There are notable instances in which confessions were made and signed by
+innocent parties, who were discouraged because the facts seemed to be all
+against them, who felt that they were certain to be convicted, and that
+their punishment would be lighter if they would make a confession. Under
+this impression they made and signed a confession. It was afterward found
+that the confession was false and that they were innocent of the crime.
+This constitutional guaranty protects against any injustice of this kind.
+
+These careful efforts of the makers of the Constitution to guard the
+liberties of the most humble persons must impress us with the earnestness
+of their efforts to make this a free country, where no one shall be
+deprived of his life or liberty except where proven guilty, after a most
+carefully guarded trial.
+
+Isn't it fine to live in a country where the people have a Constitution
+written in such simple language that even the little children can read it?
+I want every one, even the smallest child, to understand that every line
+of the Constitution was written to guard and protect each one of us, young
+and old, against injustice and wrong. These safeguards cannot be taken
+away except by the people themselves. The President cannot change the
+Constitution. Congress cannot change it. Judges cannot change it. No one
+but the men and women of America can alter it in the least.
+
+ELEMENTARY QUESTIONS
+
+1. Show how being put on trial again and again for the same offense would
+be an injustice.
+
+2. Why is it right to have the verdict of "not guilty" final?
+
+3. What would be the result if it were not final?
+
+4. Why is this of _particular_ advantage to the poor man?
+
+5. Why should no man be compelled to be a witness against himself?
+
+6. Why do they allow a man to be a witness if he so desires?
+
+7. What is the importance of the guaranty protecting the defendant from
+being examined as a witness?
+
+8. When a person is indicted for an offense, what is the duty of the
+government with reference to proof of guilt?
+
+9. How is guilt proven in court?
+
+10. When may a confession made outside of court be introduced as evidence?
+
+11. Why would anyone accused of a crime confess guilt, when in fact he
+might not be guilty at all?
+
+12. Can the President or Congress or a judge change any of the provisions
+of the Constitution?
+
+ADVANCED QUESTIONS
+
+A. Discuss the democracy of the provision that the verdict of "not guilty"
+is final while that of "guilty" may not of necessity be final?
+
+B. Why are confessions wrung from frightened or tortured men likely to be
+untrustworthy?
+
+C. Why should the "Third Degree" methods be prohibited?
+
+D. Write a paper on the following:
+
+
+    The Third Degree
+
+    Early Cases of Torturing Accused Persons
+
+    The Burdens, Disadvantages, and Injustice of Permitting a Retrial
+    After A Verdict of "Not Guilty"
+
+    Methods Sometimes Used to Secure a Confession of Guilt
+
+
+
+
+
+XIII. LIFE, LIBERTY, AND PROPERTY
+
+
+   Rights Protected By Due Process Of Law--Property Taken For Public Use
+
+
+The three great things which every man, woman, and child cherishes are
+life, liberty, and property. We see in every one of these guaranties how
+careful the people who made the Constitution were to see that these
+valuable things were sacredly guarded.
+
+It is stated in the Constitution that:
+
+"_No person shall ... be deprived of life, liberty, or property, without
+due process of law._"(64)
+
+You can understand how important this is if you will realize how in the
+olden days people were so brutally treated by their fellowmen, especially
+by those in power who happened to represent the government. Have you ever
+read the story of the Bastile, a prison in which hundreds of French people
+were thrown without a trial, in which many were murdered and many kept in
+dark cells chained to the floor for years? Have you ever read the story of
+the Tower in London, where men were imprisoned and murdered without a
+trial by any court and without an investigation by any one, often without
+the knowledge of their closest friends? Have you ever read about how the
+property of people was taken away from them without trial or investigation
+to be turned over to the king or to some of his friends? Until you have
+read something of the past, and realize how people suffered, how they lost
+their lives, their liberty, and their property, you will never realize the
+wisdom of those who framed our Constitution, nor the affection which they
+had for the people of America in protecting them against such horrible
+treatment.
+
+No person's property can be taken, no person's life can be taken, no
+person's liberty can be taken under our Constitution without due process
+of law. We do not need to discuss the meaning of "due process of law". You
+will learn more about this later, as you study more fully the details of
+the Constitution. It is sufficient now to say that no person's life,
+liberty, or property can be taken away from him without his consent,
+except by a trial before a legal court, in which the person shall have the
+right to a fair hearing. He must have notice of the charge or claim made
+against him. He must have a chance to appear in person. He must have the
+right to employ attorneys to represent him. He must have the privilege of
+bringing in witnesses to tell the truth about the charges that may be
+made. There must be a decision by the court after a speedy public trial.
+In all the States of this country any one is entitled to such a trial, and
+he is also, in case of defeat, entitled to appeal and present his case to
+a different and a higher court. These courts are the courts of the people,
+selected by the people, and neither government nor individuals have any
+right to take away anyone's life, liberty, or property unless the people
+by and through their courts shall so find and do.
+
+Then we find the following constitutional provision: "_nor shall private
+property be taken for public use, without just compensation_."(65)
+
+Of course the government at times must have property which may belong to a
+private person. The public must at times take property belonging to an
+individual. Property may be taken, even when the owner will not consent to
+it, when it is taken for public use. One man's property cannot be taken by
+the government and given to another person. Government buildings must be
+erected and land must be obtained for such purposes. The public must have
+railroads, and a railroad can only be built when land is obtained for what
+is called the right of way. Sometimes a railroad must run through lots or
+farms belonging to private owners. The higher right of the public to these
+conveniences, these necessities, requires that when necessary the private
+individual must give up his right of ownership to these higher public
+uses. But even for the Nation, or the State, or railway, or for any other
+public use, not one foot of land may be taken from the poorest man in the
+country unless he is first fully paid its value therefor. Usually, of
+course, the owner will sell his property for such purpose at a fair price,
+but, if he is stubborn and will not do so, or if a fair price cannot be
+agreed upon then the government of the State or of the Nation, or the
+agents of the State or of the Nation may take such property by first
+having its value fixed by a commission, or a jury, composed of the
+neighbors of the owner. Where the amount fixed by such commission or jury
+is not satisfactory to the owner of the property, he may appeal to the
+court and have a trial, usually a jury trial, in which he can bring his
+witnesses and prove the value of his property, so that he will finally
+receive its full, fair, just value.
+
+By this constitutional guaranty every person is well guarded in his
+ownership and possession of property. In countries existing before America
+not much attention was paid to the rights of property owners. If the king
+or emperor should demand possession of a certain piece of property the
+owner had little to say about it. He received his orders and obeyed them,
+because he was afraid of the power of the government. The government could
+pay or not as it pleased. But this period of wrong and injustice was
+ended, so far as the people of America were concerned, when the
+Constitution became the final power in this land.
+
+There are a few people in this country who seek to have private ownership
+of property abolished. No law taking away the right to own property can
+ever come into force in this country until the people by their votes
+change the Constitution. The Constitution stands guard over the farms, the
+homes, the money, and all forms of personal property. It guards the
+cottage of the widow with the same jealous care that it does the ten-story
+building of the bank. No person and no power can interfere with the right
+to accumulate property and to hold it, provided only it is honestly
+obtained.
+
+ELEMENTARY QUESTIONS
+
+1. What are the three things that every man, woman, and child cherishes?
+
+2. What does the Constitution say about these three things?
+
+3. What was the Bastile? The Tower of London?
+
+4. Show how injustice was worked by confining people without due process
+of law.
+
+5. What are some of the essentials of "due process of law"?
+
+6. When can private property be taken by the government?
+
+7. When the State wishes a piece of land, end the owner will not sell for
+a fair price, how is the matter adjusted?
+
+8. What right for reconsideration has a person against whom a judgment has
+been rendered in a trial court?
+
+9. How can the reasonable value of property be established or proven?
+
+10. Suppose the President of the United States wished a certain piece of
+property upon which to build a summer home. Could the President secure the
+land? Give reasons.
+
+ADVANCED QUESTIONS
+
+A. What are some of the steps necessary to due process of law?
+
+B. What would be the effect on people if life, liberty, or property could
+be taken without due process?
+
+C. Discuss the process of condemning property.
+
+D. Write a paper on the following:
+
+
+    Evils of the Bastile and the Tower of London
+
+    Why Military Courts Do Not Always Follow This Law
+
+    The Different Purposes For Which Property May Be Taken For Public
+    Use
+
+    Why Ownership of Property Should Be Protected
+
+
+
+
+
+XIV. CRIMINAL TRIALS
+
+
+Accused Guaranteed A Speedy Public Trial By An Impartial Jury Of The Local
+                                 District
+
+
+I hope no one here this morning will ever be arrested for a crime of any
+kind, and yet, as I have already explained to you, the innocent are
+sometimes brought before the court charged with a grave offense. Therefore
+you should be interested in the investigation of the truth of any charge
+that may be made against you, whether by a private individual or by a
+public officer.
+
+I have already explained to you that in all grave offenses when a person
+is charged with a crime, he cannot be brought before the court for trial
+until the grand jury has investigated the facts and until they have
+returned an indictment, or written charge, to the court. Until this is
+done, the court has no power to proceed.
+
+But now suppose that you have been arrested, suppose that a grand jury has
+investigated the charge against you, has heard witnesses, and has returned
+an indictment. You are then brought up before the court, and the
+indictment is read to you. This indictment I will explain to you more
+fully later. When the indictment is read you are then required to say
+whether you are "guilty" or "not guilty". If you have committed the crime
+charged, it may be advisable to plead guilty and ask for the mercy of the
+court in the punishment which he may impose. Courts usually temper justice
+with mercy. Courts will usually impose a lighter sentence when a guilty
+person pleads "guilty" and avoids the delay and expense of a trial. But,
+if you are innocent, you will plead "not guilty", and then the government,
+through its officers, will get ready for trial. You may not be tried right
+away, as it usually takes some time to investigate the facts and get the
+witnesses into court. As I will hereafter explain, you will be entitled to
+an attorney when the time comes for your trial, when you will have a
+chance to hear the witnesses offered by the prosecution, introduce your
+own witnesses, and, under our present law, testify yourself, tell your own
+story.
+
+If you will walk into a court some day you will see the judge and over at
+one side twelve chairs for the jury. When your case is called for trial
+the first thing will be to select the twelve men who will be the jury in
+your case. I am not going to give the manner of selection at this time.
+This will be fully explained later. I wish now to impress upon you the
+fact that the Constitution expressly guards your rights by providing that
+you shall be entitled to have your case tried, not before a judge, but by
+a jury composed of men from the ordinary walks of life, laborers,
+merchants, farmers, people of all classes; men just like your fathers are.
+They are called. They hold up their right hands and take an oath to try
+your case fairly and justly and to make a finding according to the
+evidence which is brought before them.
+
+The Constitution provides:
+
+"_In all criminal prosecutions, the accused shall enjoy the right to a
+speedy and public trial, by an impartial jury of the State and the
+district wherein the crime shall have been committed, which district shall
+have been previously ascertained by law._"(66)
+
+_This is an absolute guaranty_--a right which is given to you, given to
+each of you, to every man, woman, and child, young or old, regardless of
+color or creed. A trial without a jury would be a violation of your
+constitutional rights. Of course, there are a few minor offenses,
+misdemeanors, and violations of city ordinances, which are sometimes tried
+without a jury, but in all infamous crimes, for which life may be taken as
+punishment or for which a person may be sent to the penitentiary, every
+one is entitled to a trial before a jury.
+
+Is not this a sacred right? Don't you think that it is wise to permit
+people to have their rights and wrongs determined by a body of plain,
+honest men? It removes any suggestion of the abuse of power by a person in
+a public position. It inspires confidence in those who are brought before
+the court for trial. If we cannot obtain justice before such a body of
+men, how can justice be obtained in this world?
+
+I have already told you that in this country the people are not only the
+makers of the law but the enforcers of the law. It is in these jury trials
+where the people enforce the law.
+
+Of course, the hearing before the jury is held in court. The judge
+presides. He directs the proceedings of the trial, sees that it is
+conducted in an orderly way, endeavors to prevent any falsehoods from
+getting before the jury, keeps away from the jury any hearsay or gossip,
+or expressions of prejudice, or other matters not founded on absolute
+knowledge and truth. But the jurors are the sole judges of what the truth
+is, and, when the case is closed, when the evidence has all been
+introduced and the attorneys have made their arguments and pleas, the
+members of the jury retire to a private room by themselves. There they
+discuss the evidence, come to some conclusion, make a finding of "guilty"
+or "not guilty", and bring in their finding in the form of a verdict.
+
+Have you also observed that the constitutional protection of your liberty
+not only provides for a jury trial, but also provides that it shall be a
+"speedy" trial. That is, one charged with a crime cannot without his
+consent, be locked up for weeks and months and years, as has often
+occurred in other parts of the world. He is entitled to be tried just as
+soon as the case can be prepared for trial, in justice to both sides.
+Cases are often postponed for many months, but only by consent of the
+accused. A case not tried at the second term of court will usually be
+dismissed except when the defendant consents to the delay.
+
+The Constitution also provides that it must be a public trial. Oh! how
+many men in the long ago have been tried and condemned in private, where
+only a few enemies were present, where one's friends and neighbors could
+not hear the charges or the evidence. In this country the doors of the
+court room must be open. Any one has a right to enter and listen to the
+proceedings. The public has a right to know what is being charged against
+the humblest citizen, and what the proceedings against him are. Thus is
+justice guarded.
+
+Then the Constitution provides that the trial shall be before "_an
+impartial jury of the State and district wherein the crime shall have been
+committed_." This is important. We are not to be sent away among strangers
+to be tried. That is what they used to do long ago. That is one of the
+things which our forefathers complained of most bitterly. In the
+Declaration of Independence the colonies declared:
+
+"He (the King of Great Britain) has combined with others to subject us to
+a jurisdiction foreign to our constitution, and unacknowledged by our
+laws; giving his Assent to their acts of pretended legislation ... for
+depriving us in many cases, of the benefits of Trial by Jury ... for
+transporting us beyond Seas to be tried for pretended offenses."
+
+When the Constitution was adopted the people made up their minds that
+nothing of that kind should ever occur again in free America. They were so
+careful that they went so far as to provide that the district where a
+trial shall be held "_shall have been previously ascertained by law_".
+That is to say, that the place of trial, the county or district where it
+shall be held, must be fixed by law before the crime is committed. The
+courts or the legislature of any State cannot, after a crime is committed,
+pass a law providing that such a crime shall be tried in a district then
+to be named. The law must fix this in advance of the commission of any
+offense. For instance, without such a constitutional provision, a person
+who committed a crime in the State of New York might be taken to
+California to be tried. This would not be American justice. The accused
+would have the right to point to the Constitution of his country and
+demand that he should be tried in New York, and any court which would not
+grant this right would not only violate the oath which every judge takes
+before he undertakes to perform the duties of such office, but his
+unlawful conduct would perhaps result in his impeachment. The proceedings
+would be reversed by a higher court, and the party would be granted a new
+trial at a place and in accordance with his constitutional privileges.
+
+Isn't it wonderful how the little details which may affect one's liberty
+were so carefully considered away back there when they were planning the
+Nation and establishing the rules which would guard the rights of the
+people?
+
+ELEMENTARY QUESTIONS
+
+1. Why should all of us be interested in a trial?
+
+2. Describe a court room scene.
+
+3. Why is trial by jury a sacred right? What would it be like if we did
+not have this right?
+
+4. How are jurors selected in your State?
+
+5. Why is the trial to be held in the vicinity where the crime was
+committed? What would be the dangers of taking it far away?
+
+6. Why should the jury be impartial?
+
+7. If the accused person is guilty, why is it advisable to plead guilty?
+
+8. Why is it impracticable to hold a trial immediately after the arrest of
+the accused person?
+
+9. What is the first step in the actual trial?
+
+10. After a jury is selected, what is required of them before the trial
+commences?
+
+11. Why is a speedy trial essential to justice?
+
+12. Why is it important that the trial should be public?
+
+13. State some offenses that are sometimes tried without a jury.
+
+ADVANCED QUESTIONS
+
+A. Can the judge declare an accused man guilty?
+
+B. How is trial by jury an evidence of the rule of the people?
+
+C. Show how this benefits the poor man and the rich man equally.
+
+D. Why are some trials delayed for many months?
+
+E. What is the importance of the clause "shall have been previously
+ascertained by law"?
+
+F. Discuss the relative role of jury and judge in a trial.
+
+G. Write a paper on the following:
+
+
+    The Method of Selecting Jurors in Your State
+
+    Delay in Trial
+
+    The Injustice of Remote Trials
+
+    Trial by Jury vs. Trial by a Judge
+
+    The Procedure of a Trial From Beginning to End
+
+
+
+
+
+XV. THE INDICTMENT
+
+
+     Defendant Must Be Informed Concerning The Accusation Against Him
+
+
+Now, my friends, in order to understand more fully the value of our
+constitutional rights, let us again imagine ourselves in a place of
+danger, danger of our liberty or of our life, and let us recall how
+carefully we have been guarded. To the poorest tramp, or the richest
+millionaire, the same rules apply. Innocent persons may be accused of
+crimes; they may be arrested, but they cannot be brought into court and
+put upon trial until they are fully advised of the charge against them.
+
+The Constitution provides:
+
+"_In all criminal prosecutions, the accused shall ... be informed of the
+nature and cause of the accusation._"(67)
+
+This is the first step in bringing a person to trial. He does not go
+blindly. He must be informed "of the nature and cause" of the charge
+against him. He must be given full knowledge of the crime which it is
+claimed he committed. _How is this done?_ Well, we have to consider the
+constitutional provision that one cannot be put upon trial for an infamous
+crime "_unless on a presentment or indictment of a Grand Jury_". What this
+constitutional provision means is, that a grand jury shall hear and
+consider the evidence and, if satisfied that a person shall be tried, they
+shall draw up a writing called an "indictment", which they shall return
+publicly in court. This indictment is a brief statement by which the grand
+jury makes a charge against the person named of having committed a certain
+offense, and the indictment must state not only the name of the offense,
+but the manner, briefly stated, in which the grand jury claims the offense
+was committed.
+
+So that under this constitutional guaranty the person accused knows what
+he is to be tried for. This enables him to prepare for his defense. When
+his attorney is consulted he examines a copy of the indictment. He sees
+what is charged in it. He then talks over with the accused the facts and
+circumstances with relation to the crime charged. He then makes proper
+inquiry. If possible he secures witnesses with relation to the charge and
+thus is enabled to come into court ready to hear the evidence offered by
+the prosecution and ready to introduce witnesses to contradict or explain
+the testimony introduced by the prosecution.
+
+So you see how valuable this right is. One may proceed intelligently, with
+full light upon the alleged transaction. He is not required to stumble in
+the darkness, perhaps to tumble into a pitfall. Without such a provision
+you can see how helpless an innocent person might be if brought suddenly
+before the court for trial for an offense which he never committed. If he
+were not first advised of the nature of the charge and the circumstances
+he might be helpless. You know evidence is brought before the court by
+witnesses who are called by the attorneys for the prosecution and for the
+accused. These witnesses take oath to tell the truth. But, unfortunately,
+witnesses do not always tell the truth. They sometimes commit perjury. One
+must be ready to meet false testimony. By the constitutional guaranty
+requiring that the accusation be in writing, stating the crime and its
+nature, one can be prepared. In many of the States still greater
+precaution is taken to guard against any possible wrong, by requiring not
+only an indictment but also requiring that there shall be furnished to the
+person accused the names of witnesses and a brief statement of the
+evidence which the prosecution expects to offer, this to be furnished
+before the trial commences so that the defendant may get ready to meet it.
+
+Did you ever go into a court when a man was upon trial for a grave
+offense? You should do so. Everyone should do so. But you should go there
+with the proper spirit, not for amusement, not to criticise, but with a
+full realization of the great human drama there being enacted. There at or
+near the trial table you will see the defendant, the man who is being
+tried. He may be a stranger. He may be poor. He may possibly be wicked,
+but he is a human being; and no matter what faults he may have he is an
+American citizen, and under the Constitution of our country he cannot be
+convicted until proven guilty of the particular crime charged in the
+indictment. He sits there while witnesses are telling their stories. You
+will see him watching the jury. Occasionally he looks at the judge. But he
+knows that no matter what the judge may think, he cannot find him guilty.
+The jury and the jury alone can convict.
+
+It is a solemn proceeding, though the lawyers may at times appear to use
+trifling words in their discussions. The prisoner looks through the court
+room window. Outside the sun is shining, the birds are singing, and the
+breezes sway the branches of the green trees. Everything seems to suggest
+liberty and freedom. At no time is liberty so sweet as when it is in
+danger. The prisoner realizes that in a few days the trial will be ended
+and the verdict of the jury will determine whether he shall go out of the
+court room to freedom or to prison.
+
+To-day it is the stranger who is on trial. To-morrow it may be someone who
+is near and dear to you. If such misfortune should come, then you will
+fully realize what a wonderful blessing it is that under our Constitution
+everyone is assured of a fair trial, that a person can only be tried for
+the specific offense stated in the indictment, and that a verdict of
+guilty can only be rendered when the evidence is strong enough to convince
+the jury of guilt beyond a reasonable doubt.
+
+ELEMENTARY QUESTIONS
+
+1. Restate the guaranties that every man has before being brought to
+trial.
+
+2. Why should the accused be informed of the nature of the accusation?
+
+3. What would be the result if he were not so informed?
+
+4. Why is it necessary that this accusation be put in writing?
+
+5. Why is this important to everybody?
+
+ADVANCED QUESTIONS
+
+A. Illustrate the dangers of secret charges.
+
+B. What chance has a person with malicious and secret gossip?
+
+C. Upon a trial can evidence of hearsay or gossip be offered to prove
+guilt?
+
+D. When a person makes a charge against a person and says, "Don't tell
+anyone that I said this", what is the effect?
+
+E. Tell some of the dangers and injustices of slander.
+
+F. What is the first step in bringing an accused person to trial?
+
+G. Is it sufficient to charge the defendant with having committed murder
+without any further explanation? Give reasons.
+
+H. What is required of a witness before he is examined?
+
+I. What is perjury?
+
+J. Why is a trial a solemn proceeding?
+
+K. How strong must the evidence be in order that a person may be found
+guilty?
+
+L. Write a paper on the following:
+
+
+    The Need of a Public and Written Charge
+
+    The Danger of the Secret Slander
+
+    How An Accused Person Prepares For His Trial
+
+    A Visit to a Court in Session
+
+
+
+
+
+XVI. GUARDING RIGHTS IN COURT
+
+
+ Confronted By Witnesses--Compulsory Process--Aid Of Counsel--Jury In Civil
+                                  Trial
+
+
+I am sure that no one until he has studied the Constitution, no one
+certainly who is not a trained lawyer, will realize the many safeguards
+necessary to protect persons who may be wrongfully accused of a crime; but
+the framers of the Constitution knew the dangers from the sad experiences
+of innocent men and women who had been sacrificed by tyrants who had but
+little regard for human life or for human liberty.
+
+Of course you now understand that in case an indictment is returned by the
+grand jury, the person accused comes into court, or is brought in, and
+enters his plea of "guilty" or of "not guilty". If he pleads "not guilty"
+a jury is brought together, "empanelled", as it is called, and they are
+sworn to hear the evidence, and decide the case according to the evidence.
+
+But in these grave criminal trials, in order that the truth may prevail,
+every accused person is given the right to be confronted by the witnesses
+against him. The Constitution provides:
+
+"_In all criminal prosecutions, the accused shall ... be confronted with
+the witnesses against him._"(68)
+
+What does this mean? It means that the government, the prosecution, cannot
+prove guilt by witnesses who are not present in court where the defendant
+can see them, where they may be cross examined by counsel, where the jury
+may observe them, and study their conduct and demeanor, because this often
+helps in determining whether a person is telling the truth or a falsehood.
+
+In ordinary trials where property alone is involved, a witness may live in
+another State or at some great distance from the place of trial. Witnesses
+cannot be brought a long distance in those cases. In some States they
+cannot be compelled to attend a distance of more than seventy miles. In
+other States, not more than one hundred miles; so that to get their
+testimony, the parties take their depositions. This means that instead of
+bringing the witness into court, the parties obtain an order by which they
+can go to the place where the witness is. There he is sworn before a
+commissioner, or a notary public, examined, and his testimony is taken in
+writing. The testimony is returned to the court where the trial is to be
+held, and is then read to the court or the jury upon the trial.
+
+But in the trial of a person accused of a crime, depositions cannot be
+used against him. Statements of witnesses in writing, or in any other
+form, cannot be used by the prosecution. The witnesses must be physically
+in court before the accused, and there orally testify, and the defendant
+must have the right to cross examine them.
+
+But to give the accused person every possible aid in enabling him to have
+the truth brought before the court and jury, he may take the depositions
+of witnesses in his own behalf. That is, the prosecution--the State or the
+Nation accusing a man of a crime--must prove the truth of the accusation by
+witnesses personally in court confronting the defendant, but the defendant
+is given the privilege of taking the testimony of witnesses at a distance,
+in the form of depositions which are read to the jury.
+
+This provision of the Constitution may be very important to an innocent
+person sometimes. The importance of it may never appear to us until
+unfortunately we be wrongfully accused of a crime, and our life or liberty
+in danger.
+
+Then the Constitution further provides:
+
+"_In all criminal prosecutions, the accused shall enjoy the __ right ...
+to have compulsory process for obtaining witnesses in his favor._"(69)
+
+This is also very important. "Compulsory process" means an order of the
+court, commonly called "subpoena", which is served upon witnesses by the
+marshal, or the sheriff, or other authorized person, commanding them to
+appear in court for examination before the court and jury as to the truth
+of matters involved in the accusation against a person on trial.
+
+Here I wish you to recall the unfortunate fact that every little while
+somebody is complaining about our government as "a rich man's government".
+It is often claimed that the poor have no chance for justice. The truth is
+that the rich and the poor stand equal in the courts. In creating the
+Constitution, it is known of course that someone might be brought before
+the court who was poor, without money, possibly without friends. He might
+be innocent, but in order that his innocence might be established it would
+be necessary for him to have witnesses who might live many miles away, who
+would not come into court to testify of their own free will. Therefore,
+there was inserted in the Constitution this provision, that every
+defendant shall have the right to compulsory process, commanding witnesses
+to appear, and there is no one so poor that he cannot have this privilege,
+because the United States--and in most of the States we have a like
+provision--not only issues subpoenas and compels the officers to serve
+them, but it pays the expense of serving, and pays the witness fees and
+mileage, so that the poor man has all of the rights in getting the truth
+before the court and jury that the richest may have.
+
+Furthermore, in the same American spirit, when persons accused of an
+offense are too poor to employ counsel, the government will furnish
+counsel. The Constitution provides:
+
+"_In all criminal prosecutions, the accused shall ... have the Assistance
+of Counsel for his defence_."(70)
+
+There is no person so poor, or obscure, or friendless, that when he is
+charged with a crime which might affect his liberty or his life, he shall
+not have the right to a full, fair trial. Not only are his witnesses
+produced and paid by the government, but an attorney is appointed by the
+government to represent him, and help him establish his innocence.
+
+This is a wonderful illustration of the paternal care which is manifested
+for those who may be unfortunate, and this is all because under our
+Constitution, liberty is a sacred thing, and it shall not be taken away
+except in punishment for a crime which has been proven in open court in a
+public trial before a jury, where the party has been confronted with the
+witnesses against him, where he has had a chance to furnish witnesses in
+his behalf and the aid of counsel in his trial.
+
+Then the people who brought the Constitution into being, feeling that so
+far as practicable they should have control of the enforcement of law not
+only in criminal cases, but in civil cases, included a guaranty in the
+Constitution that:
+
+"_In suits at common law, where the value in controversy shall exceed
+twenty dollars, the right of trial by jury shall be preserved._"(71)
+
+Of course there is often more or less controversy about property of small
+value, where the expense and delay of jury trials might possibly be
+oppressive, but in any case involving more than twenty dollars in value,
+triable under the common law, which includes practically all cases except
+those peculiar cases triable in Chancery, or in Courts of Equity, the
+parties are entitled to a trial by jury. That is, instead of introducing
+their evidence and having the judge decide what the truth is between them,
+the parties are entitled to have a jury of men from the ordinary
+occupations of life hear the evidence and say from the evidence what is
+the truth.
+
+And furthermore, the people provided in the Constitution that:
+
+"_No fact tried by a jury shall be otherwise re-examined in any Court of
+the United States, than according to the rules of the common law._"(72)
+
+Here again is the right to a jury trial, and the benefit of a jury trial,
+and to a trial according to the established rules and precedents of the
+common law courts carefully preserved.
+
+Now my friends, I know that there is much confusion in your minds about
+trials in court. I do not expect you to know all about trials. We are
+studying the guaranties of the Constitution so that we shall learn human
+rights--our rights--under the Constitution. I am talking to you about the
+safeguards of the Constitution so you shall know your rights, especially
+so that you will always venerate the Constitution which guards your
+rights, and defend it against those who may assail it. But I do want you
+to have a clear idea of what a trial in court is. I want you to know the
+purpose of the long days of examination of witnesses, the objections of
+the attorneys to certain questions asked, the rulings of the court, and
+the arguments of counsel.
+
+_The main purpose, aim, and object of every lawsuit_, as trials are
+usually termed by people who are not lawyers, _is to find the truth_. The
+proceedings in court in every lawsuit are a continuous search for the
+truth. If in disputes we could agree to what the truth is, there would be
+few lawsuits to try.
+
+A lawsuit only arises where there is a dispute to settle. If people agreed
+about their rights there would be little need of courts. In criminal
+cases, the government through the grand jury charges by indictment that a
+man committed a certain crime. The government says the man did it. He
+denies it by a plea of not guilty. He says he did not. The trial before
+the petit jury is merely a search for the truth about the charge. _What is
+the truth about the matter in dispute_, that is all that is involved in an
+ordinary lawsuit.
+
+Picture two boys in a dispute about which owns a ball. One positively
+asserts that it is his, that his father bought it and gave it to him. The
+other is just as sure that it is his. He says that his brother gave it to
+him. They quarrel so excitedly that a neighbor coming across the street
+asks the cause of the trouble. They tell him their claims and ask him to
+decide. One boy points out a rough spot on the ball which he insists was
+caused by a blow from his bat while he was playing in his own yard. The
+other says that his brother gave him a ball with red and white stitches.
+The neighbor, after hearing these and many other claims, decides the case,
+giving the ball to the boy whom he finds to be the owner.
+
+In this we have every element of a lawsuit. The dispute, the court (the
+neighbor), the witnesses (the boys), and the judgment based upon what the
+neighbor finds to be the truth from the evidence before him. That is all
+that any court or jury can do, but under the Constitution in cases
+involving life or liberty every possible safeguard is provided so that the
+truth may be found, so that justice may be done.
+
+ELEMENTARY QUESTIONS
+
+1. Why should all witnesses for the prosecution speak in the actual
+presence of the accused?
+
+2. Why should the accused be allowed to have testimony in his favor
+submitted in writing?
+
+3. In what cases is written testimony ordinarily admitted?
+
+4. What is compulsory process?
+
+5. In what ways does the Constitution aid the poor man?
+
+6. In what cases may there be a trial without a jury?
+
+7. What is the main purpose of any lawsuit?
+
+8. What is meant by cross-examination of a witness?
+
+ADVANCED QUESTIONS
+
+A. In what way do these provisions sustain the fact that our government is
+a democracy?
+
+B. Is a person more likely to commit perjury when not actually facing the
+person accused? Give reasons.
+
+C. What is the provision of the Constitution as to "compulsory process"?
+Explain the importance of this right.
+
+D. Explain the provision of the Constitution as to the right to have
+counsel.
+
+E. Show how compulsory process and free counsel help the poor man.
+
+F. Why is jury trial omitted in small controversies?
+
+G. What is a "civil" case?
+
+H. Write a paper on the following:
+
+
+    How Perjury is Detected
+
+    Oral and Written Testimony
+
+    How the Poor Man is Protected
+
+    The Purpose of a Trial in Court
+
+    The Story of a Tramp Without Money, Accused of an Offense: How the
+    Constitution Helps Him
+
+
+
+
+
+XVII. PUNISHMENT
+
+
+Prohibition Of Excessive Bail Or Fines, Cruel Or Unusual Punishments, And
+                          Involuntary Servitude
+
+
+Before we finish, I want you to have in your mind a clear conception of
+the way in which a person accused of an offense is brought before the
+court, tried, and convicted or acquitted.
+
+I have already explained that the first step is the arrest of the
+suspected person.(73) Again put yourself in the place of the suspected
+person.
+
+You are arrested. It is the duty of the officer making the arrest to bring
+you into a court, but this is not generally to a trial court. A person is
+generally brought before what is called a committing magistrate, a justice
+of the peace or commissioner--some person having authority to issue
+warrants of arrest. You may be far from home and friends when you are
+arrested. You may be entirely unacquainted in the neighborhood. The
+government is not ready to proceed to your trial. Witnesses must be
+summoned, not only for the government, but if you have witnesses you
+desire to use, they must be brought in.
+
+The general rule is to set the case for hearing--a "preliminary hearing" in
+a day or two, or a week possibly. You must therefore wait until this time
+comes. What are you going to do? Must you go to jail until they get ready
+to have the hearing? No, you are entitled to bail; that is, you are
+entitled to be discharged upon a bond fixed by the magistrate,
+commissioner, or judge. There are usually only two offenses which are not,
+as the saying is, bailable--murder and treason. Usually where murder or
+treason is charged, the person is not admitted to bail. He is locked up in
+a cell to await trial; but as a general rule, when a person is arrested
+his bail is fixed--that is, the amount of the bond which he must file in
+order to be discharged pending the trial. For instance, if it were a
+charge of stealing a bicycle, the court might fix the bail at $500 or
+$1000. That would mean that if he would file a bond, with sureties,
+conditioned that in case he did not appear for hearing--that he should run
+away, for instance--the sureties would pay into the court the amount of the
+bond. Mostly any person of fair standing in a community can secure some
+friends who will sign such a bond, so that he may have his liberty until
+the trial.
+
+But the framers of the Constitution, again anxious about the liberties of
+the people, provided:
+
+"_Excessive bail shall not be required._"(74)
+
+There were many instances in the olden days where bail was purposely fixed
+so high--so far beyond all reason in view of the nature of the offense that
+the party could not furnish the bail, the purpose being to compel the
+party to remain in prison. Our Constitution guarantees to every individual
+that the amount of bail fixed shall be reasonable in view of the nature of
+the offense and if it is not reasonable, the person arrested may have the
+matter brought before the court, who will make full inquiry, and reduce
+the amount of the bail if found to be too large.
+
+All through these guaranties of the Constitution, all through these
+provisions guarding the sacred rights of every person, you will see that
+the effort is that justice shall be done, not injustice; that right shall
+prevail, not wrong. That no one shall be kept in prison, deprived of his
+liberty, unless absolutely necessary in the interest of justice.
+
+Then after a trial, if a person is found guilty, the Constitution again
+guards the rights even of the guilty, by providing:
+
+"_Excessive fines (shall not be) imposed, nor cruel and unusual
+punishments inflicted._"(75)
+
+When this constitutional guaranty was written persons then living could
+recall without doubt the barbarous punishments which had been imposed in
+civilized countries even for light offenses. Common hanging was not
+regarded as sufficient punishment. "Hanged, drawn and quartered" was often
+heard in the courts of countries which had been left behind. It was
+nothing uncommon to see persons upon the roadside in England left hanging
+to the gibbet for long periods of time where the people could see them as
+a warning. It was not uncommon in those times to have a penalty of death
+imposed for the offense of stealing.
+
+It is almost impossible to read of the punishments of the olden days, even
+under decrees of courts, without a shudder. Therefore, every one in
+America should be filled with gratitude that in the adoption of our
+Constitution these excessive cruelties were forever ended.
+
+We have in this country the death penalty only for the most grave
+offenses, and it is seldom imposed. Imprisonment is generally regarded as
+just and sufficient. I might spend an hour if we had time, telling you
+something of the horrible dungeons which served as prisons in the olden
+days, into which God's sunlight seldom entered; of the chains the
+prisoners had to wear; of the starvation; yes, and of the
+lash--inhumanities which one can scarcely conceive, and which can never
+disgrace the civilization of America.
+
+Again, carefully guarding the rights and liberties of the people we find:
+
+"_Neither slavery nor involuntary servitude, except as a punishment for
+crime whereof the party shall have been duly __ convicted, shall exist
+within the United States, or any place subject to their
+jurisdiction._"(76)
+
+This is not a part of the original Constitution. It was adopted after the
+war had driven slavery from our shores. The spirit of America has from the
+beginning been exerted in enlarging the rights of human beings. Slavery
+existed before the adoption of the Constitution, and so strongly was it
+intrenched at that time in some of the colonies that it was impossible
+then to wipe it out.
+
+But it did not belong in America, and the time came when the American
+people, after a long bitter war, crushed the slave power, and swept from
+our shores the last vestige of involuntary servitude. That it might not be
+renewed, the people amended the Constitution so as forever to bar slavery
+or involuntary servitude except as men might be put in prison in
+punishment for crime after a full, fair trial.
+
+Did you ever read of the debtor's prison? It used to be in nearly every
+country in the world, that men who were merely unfortunate, who got in
+debt and who could not pay when the debt was due were sent to prison, and
+kept there sometimes for long periods. It was most cruel, because in many
+instances the persons were honest. They wanted to pay their debts, but
+sickness came, or floods, or fire, or other misfortune, and when the time
+came they were unable to pay and thus they lost their liberty.
+
+In those olden days, men were not only imprisoned, but in some countries
+they were compelled to labor for the person whom they owed. They were
+compelled to be slaves.
+
+But at last we have reached a stage in America, where no one may be
+compelled to work for another, unless by his own free will, except under
+conviction of a crime where the State may compel prisoners to work for
+some one in order to help pay the expense of maintaining them.
+
+The old debtor's prison is gone. No one in this country can now be
+imprisoned for an ordinary debt. There are a few States in which a person
+may be imprisoned for debts arising in fraud, but for an ordinary contract
+debt, mere inability to pay, no one in America can now be compelled to
+submit to imprisonment.
+
+I wish sometime you would think seriously about what America has done for
+the poor. In the olden days they had few if any rights; but to-day in
+America, while by law we cannot prevent sickness nor sorrow, or other
+misfortune, we can and we do guard the liberty of the poorest and the most
+unfortunate. In fact many laws have been enacted which give to the poor
+special privileges which are denied to those who have property or money.
+
+For instance in nearly every State there are what are called exemptions
+for a person who is the head of a family, which protect him even in the
+possession of a limited amount of property which his creditors cannot take
+away from him in payment of a debt. In most of the States laborers may
+hold the earnings of a certain period, for instance ninety days, for
+support of themselves and their families, which no one can touch, which no
+officers and no court can seize in payment of a debt. Also they are
+protected in their household goods, their clothing for themselves and
+their families, and in many other ways.
+
+The farmer who may be heavily in debt is protected for himself and his
+family by having exempted to him a team of horses, harness and wagon,
+machinery, farm utensils, and food and clothing for the family.
+
+I have not time to relate all that has been done by America in sympathetic
+aid of the poor and the unfortunate. No other country in the world has
+given such consideration to the poor as has America.
+
+We hear much talk of social injustice, that the poor man has no chance.
+The truth is that more has been done in America during the past
+twenty-five years to provide justice for the poor and unfortunate and for
+those who toil, than was done in any other country of the world during the
+last one thousand years. The spirit of America is right. The people have
+the power. They are right at heart. The only weakness in America is the
+failure of many thousands of our men and women to take an active interest
+in the affairs of government. Hundreds of thousands, yes millions, of our
+voters fail to go to the polls on election day to vote. They do not seem
+to feel any gratitude for the privilege of living in a free country where
+liberty is guarded by written guaranties of a Constitution which cannot be
+changed, except by the will of the people themselves.
+
+ELEMENTARY QUESTIONS
+
+1. After a person is arrested where is he generally taken by the officer?
+
+2. If the hearing is postponed, what is generally done with him in the
+meantime?
+
+3. What is bail?
+
+4. What offenses are not bailable?
+
+5. What is the constitutional guaranty as to bail?
+
+6. Why should excessive bail be prohibited? What would be the injustice of
+this practice?
+
+7. What happens when a person "out on bail" fails to appear in court at
+the time set? Is he relieved of further punishment?
+
+8. If a magistrate fixes excessive bail, what may the accused person do in
+order to have it reduced?
+
+9. Name some cruel and unusual punishments?
+
+10. When was slavery in America abolished?
+
+11. What was a debtor's prison?
+
+12. How does America protect the poor? Can a debtor be put in prison for
+failing to pay ordinary debts?
+
+13. What is meant by "exemptions" in relation to property and debts?
+
+ADVANCED QUESTIONS
+
+A. Explain the injustice of requiring excessive bail?
+
+B. When a judge determines the amount of bail, what factors does he
+consider?
+
+C. What is the purpose of punishment?
+
+D. Discuss the movement for prison reform.
+
+E. What is the purpose of the bankruptcy law?
+
+F. Write a paper on:
+
+
+    Cruel and Unusual Punishments
+
+    Punishment and Crime in the United States
+
+    How America Protects the Poor Man
+
+    The Reformatory Versus the Penitentiary
+
+
+
+
+
+XVIII. EQUAL RIGHTS OF CITIZENS
+
+
+All Citizens Entitled To Equal Privileges And Immunities--Right To Vote Not
+                                 Abridged
+
+
+The great achievement in American government was the establishment of a
+Nation composed of independent and sovereign States. It was not an easy
+matter to bring all these States together as one government, so that there
+would be harmony and unity; but the framers of the Constitution succeeded
+in a wonderful way in adopting rules and regulations--the
+Constitution--which made this the most powerful and the most peaceful
+Nation in the world.(77)
+
+Only once has there been any serious question between the States, and the
+Civil War settled that forever. Following the war, to bind the States more
+firmly together by the establishment of the rights of citizens of the
+various States, an amendment to the Constitution was adopted in 1868, by
+the people of the Nation, which is as follows:
+
+"_All persons born or naturalized in the United States, and subject to the
+jurisdiction thereof, are citizens of the United States and of the State
+wherein they reside. No State shall make or enforce any law which shall
+abridge the privileges or immunities of citizens of the United States; nor
+shall any State deprive any person of life, liberty, or property without
+due process of law; nor deny to any person within its jurisdiction the
+equal protection of the laws._"(78)
+
+This portion of our Constitution establishes the citizenship of every
+person born or naturalized in the United States, and guarantees the rights
+of such citizens, not only in the State where he lives, but in any State.
+No State has the power, since the adoption of this amendment, to make or
+enforce any law which shall abridge the privileges, rights, or immunities
+of citizens, no matter in what State they may make their home.
+
+By this amendment all States are prohibited from enacting any law, or
+permitting any procedure of their courts, which shall "deprive any person
+of life, liberty, or property, without due process of law".
+
+You will recall that immediately after the adoption and approval of the
+original Constitution there were ten amendments adopted which became
+effective in 1791, in one of which it was provided that no person "shall
+be deprived of life, liberty or property, without due process of law".
+This forever barred the United States government from depriving the
+humblest citizen of his life, his liberty, or his property, except through
+the regular processes of the law which we have heretofore considered; and
+by the amendment of 1868 the same restriction was placed upon every State
+in the Union, thus completing the guaranty to every man, woman, and child,
+that life, liberty, and property would be safe and sacred. No power exists
+in the State or Nation by which life, liberty, or property may be
+interfered with, except through the tribunals established by the people
+themselves to hear and determine in a judicial way after proper notice
+with full opportunity to be heard in a public trial.
+
+No secret schemes can be devised which will interfere with the rights of
+the humblest citizen, no power can be created strong enough wrongfully to
+invade the right to life, liberty, and property. These guaranties, being
+written into the Constitution, will stand forever, unless the people by
+their own choice shall throw away these great guaranties and destroy these
+great blessings.
+
+Then following the Civil War, the people of America adopted the following
+as part of the Constitution of the United States:
+
+"_The right of citizens of the United States to vote shall not be denied
+or abridged by the United States or by any State on account of race,
+color, or previous condition of servitude._"(79)
+
+You remember the Emancipation Proclamation by President Lincoln which
+struck the chains from the limbs of men and women and children who had
+been slaves for generations. They were human beings, though of the colored
+race. They were lifted from the position of slavery to the dignity of
+citizenship, and clothed with power to help in the government of their
+country by being given the privilege of going to the ballot box to vote.
+To establish this right and protect this privilege for all time, this
+amendment to the Constitution was adopted by the people of the United
+States. It was a bold thing to do, to clothe a subject race which had
+little opportunity for education with the rights of citizenship. No nation
+in the world ever before attempted such a wonderful and radical
+experiment; but the people of America, having real confidence in human
+beings, regardless of color, race, or creed, assumed the responsibility of
+admitting the former slaves as part of the power of government in this
+country.
+
+Of course you realize that the value of a citizen to his country, when it
+comes to voting and making laws, depends upon his knowledge of public
+affairs, and his confidence in his government; and therefore education is
+absolutely necessary to real service to one's country. That is one of the
+big objects of education--to qualify persons for full citizenship.(80)
+
+Too many of us consider the right to vote simply as a privilege to help
+some neighbor to be elected to some public office. This view is all wrong.
+Our country is first, and we never should help a neighbor to be elected to
+an office unless that neighbor can help to make this a better
+government.(81)
+
+When we elect any one, we are selecting a servant to represent us, to act
+for us. Therefore great care should be exercised in selection. We must
+inquire not only whether the person is good and virtuous, but also whether
+the person is useful, and has right ideas about public service.(82)
+
+If congressmen, judges, legislators, mayors, or other public servants are
+not honestly or truly representing the people, if they are not carrying
+out the will of the people in their official actions, this simply proves
+that the people have not selected the right kind of men to represent them.
+There are honest men; there are men who are tried and loyal and patriotic.
+They are our neighbors. We have the choice of selecting them if we want
+to. _The truth is_ that nearly all public officers are honest and
+patriotic. The truth is that as a rule they try to do what the people
+want. But _the truth is_ that the majority of the American people take so
+little interest in public affairs that they make no effort to have their
+servants in public life know what they do want. People are ready to
+criticise if a mistake is made, but they will do little to help avoid
+mistakes.
+
+I'll tell you what I would like to see. I'd like to see this assembly room
+in this school filled one night each week with children and men and women,
+with parents and teachers. It would be a real community meeting to talk
+over community, State, and National matters. I would like to see such a
+meeting in every school in this city, in this State, and in the Nation. I
+wish someone would start a movement to have the movies closed one evening
+each week, so that the people might have at least one night to give some
+little consideration to the serious problems of life. "Eternal vigilance
+is the price of liberty." Vigilance means watchfulness, care, and thought.
+Every man, woman, and child in America should watch and pray that our
+liberties so dearly bought with the life blood of heroes should not be
+taken away.
+
+ELEMENTARY QUESTIONS
+
+1. Show how the United States gave citizens of the different States equal
+rights.
+
+2. Who can vote in the United States? Who are citizens of the United
+States?
+
+3. Is the power to vote simply a privilege?
+
+4. Why is it that our representatives sometimes do not truly represent us?
+
+5. How can we interest people in voting?
+
+ADVANCED QUESTIONS
+
+A. Show how it is important that people should have equal rights in the
+various States.
+
+B. Give some illustrations of the variations from State to State of
+certain local laws, such as automobile laws, etc.
+
+C. If the law of New York limits the speed of an automobile to 25 miles
+per hour and the law of Massachusetts limits the speed to 20 miles per
+hour, can a citizen of New York travelling in Massachusetts legally
+operate his car at 25 miles per hour? Under like circumstances can a
+citizen of Massachusetts while in New York operate his car at 25 miles per
+hour?
+
+D. Show in detail the dangers of not voting.
+
+E. How may a person obtain citizenship?
+
+F. What has education to do with citizenship or voting?
+
+G. Should you vote for a neighbor simply out of friendship? What should be
+taken into consideration?
+
+H. Discuss Roosevelt's definition of a good citizen given in Note 5.
+
+I. Outline a proper program for a community meeting.
+
+J. Write a paper on the following:
+
+
+    The Privileges of the Citizen
+
+    The Danger of Not Voting
+
+    The Ballot--An Obligation Not a Privilege
+
+    How to Become a Naturalized Citizen
+
+    Voting and other Duties of Citizenship
+
+
+
+
+
+XIX. WRIT OF HABEAS CORPUS
+
+
+ The Privilege Of The Writ Of Habeas Corpus Not To Be Suspended Except In
+                                   War
+
+
+Here is something in our Constitution which I suppose you have read, but
+which you probably do not understand. That is, you probably do not
+understand its real value, not to somebody else, but to yourselves,
+because all of these provisions of the Constitution are for each one of
+us.
+
+We may go along through life, never being placed in a position where we
+will have to call upon the Constitution to defend us. Most of our people
+are peaceful and just, and it isn't often that the rights of innocent
+persons are attacked or invaded. It isn't often that an innocent man is
+arrested for a crime, and yet such a thing may occur any day to any one of
+us. You may rest assured that such things do not occur as often as they
+would if the Constitution did not stand as a barrier to protect innocent
+persons. These great constitutional guaranties are not only valuable when
+we want to assert our rights, but they are valuable as a restraint upon
+wrongdoers.(83)
+
+Now here is this provision:
+
+"_The Privilege of the Writ of Habeas Corpus shall not be suspended,
+unless when in Cases of Rebellion or Invasion the public Safety may
+require it._"(84)
+
+What is a "writ of habeas corpus"? "Habeas Corpus" is a Latin phrase,
+which in English means "you may have the body". A writ of habeas corpus is
+a writ directed to the person detaining another, or holding him in prison,
+commanding him to produce the prisoner at a certain time and place before
+a court or judge, so that the right of imprisonment or restraint may be
+inquired into. It is an ancient writ, recognized as far back in English
+jurisprudence as 1679. It was used against the king in the reign of Henry
+VII, and on through the later years. It was recognized from time to time,
+sometimes entirely denied, and again given force.
+
+But as applied to you and to me, what does it signify? Suppose on your way
+home this evening, some person should seize you and force you to go to
+jail, and lock you up. No charge is made against you. You are innocent of
+any offense. You sit there in the cell wondering what it all means. You
+cannot even communicate with your parents or friends. The jail is built of
+stone, the iron bars are strong, and you are helpless.
+
+Well, in the olden days, many a man and woman had such experiences, and
+many a man and many a woman lay in jail for long periods without any
+charge, or any trial, deprived of liberty, utterly powerless.
+
+Now as I said, suppose you were in jail to-night--not even permitted to
+communicate with a friend or with a lawyer, and your father found out
+where you were. He could not go and break down the prison walls. He could
+not even talk to you; but if he were familiar with the Constitution of the
+United States and of his State--because there is a like provision in the
+Constitutions of all States--if your father understood his constitutional
+rights, he would at once apply to some court or judge for a writ of habeas
+corpus. It would be a simple matter. He would set out in writing the
+facts, simply the story that you were seized and were imprisoned
+wrongfully, and he would ask that a writ of habeas corpus issue, and this
+request, no court or judge can deny. He would promptly issue the writ,
+which would be in writing directed to the person keeping you in jail, or
+the keeper of the jail, or some one who was aiding in keeping you in jail,
+and this writ would command such person to have you brought before the
+court at once, "commanding him to produce the body of the prisoner at a
+certain time and place". You would be brought there, and the person having
+you in jail would have to show cause for such conduct. Unless legal cause
+were shown, the judge would promptly discharge you, and the person who had
+committed the wrong against you would probably receive proper punishment,
+after a trial, for his wrongful act.
+
+Now there were long periods of time in England when the right to a writ of
+habeas corpus was suspended, during which time a person wrongfully in
+prison had no relief and no remedy, when helpless men and women starved
+and died. So when the Constitution was adopted, the people of America were
+careful to see that the following guaranty was written therein:
+
+"_The Privilege of the Writ of Habeas Corpus shall not be suspended_".(85)
+
+Under our Constitution this may be done only "in case of rebellion or
+invasion" when "public safety may require it". For instance, in the World
+War, which you all remember, some dangerous person, some traitor, might
+have been arrested by the military authorities and detained in custody,
+and he could not be discharged upon a writ of habeas corpus, because a
+state of war existed, and public safety required that he be held. Of
+course in times of war persons engaged in the military service are not
+entitled to a trial in a civil court for their offense. They are tried for
+military offenses by court martial. That is a military court, where the
+judges are military officers, ordered by their superiors to sit and hear
+the evidence. There is not much formality. In grave offenses prompt action
+is necessary. Spies are caught, the courts organized, the evidence taken,
+a finding of guilty made, and the party shot, all perhaps within
+twenty-four hours. These are the necessary awful consequences of war. But
+can't you see now what a sense of security this little provision of our
+Constitution ought to bring to each one of us? We always know that in case
+of our wrongful arrest, a writ of habeas corpus will bring us before some
+court where we may have prompt inquiry into the reasons for invading our
+right to liberty, and prompt order for discharge if the arrest is not
+justified.
+
+This writ issues not only in behalf of persons confined in jails and
+prisons, but also in every case where one is held by force against his
+will by another person, because this is a free country, and no man,
+whether a private citizen or public officer, has any power to restrain
+another against his will, unless such restraint is under legal proceedings
+with all the safeguards of the Constitution.
+
+I remember a case when unfortunately a father and mother were separated
+and divorced. Their little boy was left with his mother. The judge decided
+that the father was a bad man and that he was not worthy to have charge of
+his son.
+
+A few months later that father went to the house where the mother and boy
+lived, watched behind the hedge until the little boy was at play in the
+yard, when he seized him, jumped in an automobile which was waiting for
+him in the woods, and drove away at great speed. He took the boy to a
+boarding school in a neighboring State, telling the principal of the
+school that he wanted the boy safely kept until he should return from
+Europe. After many days the sheriff with the aid of detectives found where
+the boy was. The mother came to the school. Of course she was filled with
+joy when she saw her son. She thought that she could take him away with
+her at once, but the principal would not consent. He said that he had no
+knowledge of whether or not she was the boy's mother; that she had no
+right to take him away; and that his duty was to return the boy to the man
+who had left him in the school. The appeal of the mother and the tears of
+the boy were in vain.
+
+At last she had to leave the boy. She at once consulted a lawyer. He
+prepared a written application asking that a writ of habeas corpus be
+issued, commanding the principal of the school to bring the boy before the
+judge, that the judge might hear the evidence, and make an order releasing
+the boy from the school and placing him in the charge of his mother. The
+writ was issued by the judge. An officer went to the school, read the writ
+to the principal, who promptly brought the boy to the court room.
+
+There the judge heard the story of the mother and the simple tale of the
+little boy, he examined certified copies of the order of the court
+awarding the custody of the boy to his mother, which the sheriff had
+procured, and then he very promptly ordered the principal of the school to
+give the boy to his mother. The principal was of course glad to do so,
+when he found that the father had done wrong.
+
+This is only one of hundreds of cases where the writ of habeas corpus
+releases someone from wrongful confinement. Such wrongful confinement may
+be in a school or in a home or in a jail or in a dungeon or in a dark
+cellar. No matter where, the writ of habeas corpus does not stop at locked
+doors or barred windows or stone walls. An officer with such a writ can
+break and enter if necessary. No obstacle can be allowed wrongfully to
+deprive an American citizen of his liberty.
+
+ELEMENTARY QUESTIONS
+
+1. What is a writ of habeas corpus?
+
+2. What does "habeas corpus" mean?
+
+3. When was it recognized in England?
+
+4. When may it be suspended in America?
+
+5. Just what does it mean to the average citizen?
+
+6. Can you think of a time when it might be valuable to you?
+
+7. What is martial law?
+
+ADVANCED QUESTIONS
+
+A. Just when is a writ of habeas corpus likely to prove valuable?
+
+B. Why is it called "the most famous writ of the law"?
+
+C. Show how it affects the poor man.
+
+D. Show how it makes for democracy.
+
+E. Write a paper on the following:
+
+
+    Abuses Found Before the Writ of Habeas Corpus Was Recognized
+
+    Cases Where It was Used Locally
+
+    The Experience of the Arrest of an Innocent Man Who Was Unable to
+    Furnish Bail
+
+    A Court Martial
+
+
+
+
+
+XX. OTHER PROHIBITED LAWS
+
+
+   No Bill Of Attainder Or Ex Post Facto Law May Be Passed By Congress
+
+
+This morning I have something else for you which you probably do not
+understand, something that you can hardly imagine would interest you
+personally; but as I have often repeated, always bear in mind that every
+single clause of the Constitution is made for each and every one of us, no
+matter what position we may have in life.
+
+The framers of the Constitution said:
+
+"_No Bill of Attainder or ex post facto Law shall be passed._"(86)
+
+What does "attainder" mean? It means the extinction of civil rights and
+capacities and powers, which under the law in the olden times took place
+whenever a person was convicted of treason, or of a crime for which the
+death sentence was imposed. It means that all the estate of the convicted
+person, all his land, money, or other property, was forfeited to the
+government; so that upon his death nothing passed by inheritance to his
+heirs. As it was expressed, his blood was "corrupted". He could not sue in
+a court of justice. He was helpless to defend any right of himself or his
+family.
+
+By "bills of attainder", which were legislative acts imposing that penalty
+on the accused without giving him any hearing in a court, many persons
+were deprived of their rights and their possessions in the centuries which
+have gone by, in order that such rights and such possessions might go to
+some favorite of the government. Of course no one would have much sympathy
+for a person who might be actually guilty of treason, or guilty of a great
+crime which involved a death penalty; but in the olden days innocent men
+were often charged with treason and punished. Conspiracies were formed to
+get rid of certain individuals who might be an obstacle to the achievement
+of base ambitions.
+
+The abuses arising out of the imposition of attainder became so grave that
+in the time of Queen Victoria a statute was passed in England abolishing
+the extreme penalties which followed it.
+
+In some of the colonies in this country, before the Constitution was
+adopted, acts of attainder were passed and enforced; but when the
+Constitution was finally adopted, bills of attainder were forever barred.
+
+Don't you see the spirit of charity which is manifest in this, just as in
+the entire Constitution, charity even for wrongdoers, charity for the
+weaknesses of men? Wrongdoers of course must be punished, yet the
+Constitution wipes out harsh and brutal methods which were common in the
+days before America came into being.
+
+No "ex post facto law" shall be passed. _What does that mean?_(87) If a
+person does an act, which at the time of the doing of the act is not a
+criminal offense, the Congress of the United States, with all its power,
+cannot make that act, innocent when done, a crime. Yet this used to be
+done in the old days. You can imagine how in those days a brutal
+government being desirous of getting rid of some objectionable person, but
+desiring to have its acts appear legal, might find that he had done some
+act which was not punishable under the law; but through a corrupt
+legislative body, it might so legislate as to make the act a criminal
+offense, and thus have the person tried and convicted.
+
+A person might commit an offense for which there was a moderate
+punishment; and the legislature might, after the commission of the crime,
+but before he was tried, increase the penalty. For instance, if there were
+a penalty of two years imprisonment for stealing a horse, and some
+neighbor was guilty of stealing a horse, thus leaving himself, when
+convicted, subject to two years imprisonment, all the powers of the United
+States government, all the powers of Congress, all the wonderful power of
+the people of the country could not change the penalty, could not, for
+instance, amend the law so as to provide a five year penalty instead of
+two, so as to affect this neighbor who had stolen the horse before this
+time. He could, if convicted, be sentenced to two years, but no more.
+
+You may think that those who adopted the Constitution must have been
+suspicious of Congress, or the people in thus carefully preventing wrongs
+against individuals accused of a crime--yes, individuals who had actually
+committed a crime; but you can readily understand why they were so
+careful. The conduct of the governments of the world had been such before
+that day that suspicion was justified. The Constitution was made for the
+individual--for men, women, and children--to guard their rights against the
+abuse of power; and in fact most of the wrongs of the world have had their
+origin in the abuse of power. The Constitution guards the humblest person
+against abuse of the power granted to the government, as well as against
+the wrongs of our neighbors.
+
+The people in this country have great power--absolute power. This power may
+be expressed in laws enacted by Congress or by the legislatures of the
+States, except in those things which the people themselves in the
+Constitution of the United States, and in the Constitutions of the
+different States, have placed beyond even their own power.
+
+Of course these provisions of the Constitution, as all provisions of the
+Constitution, may be changed by the people, but not by a mere majority of
+the people. These constitutional provisions relate to sacred rights, and
+they may not be changed except upon mature deliberation, and by a vote
+which represents the sentiment of at least a majority of the people of
+three-fourths of the States.
+
+So I hope you can realize that when the framers of the Constitution
+prohibited bills of attainder, and prohibited the enactment of the ex post
+facto laws, they were doing something for the people of this country. They
+had the rights of the people in mind--the rights of the humble and perhaps
+unknown, as well as the rights of those in high places. I do not expect
+you to study the details of these provisions of the Constitution relating
+to bills of attainder and ex post facto laws. You will probably never have
+to enforce these rights which are given to you under the Constitution. I
+hope you will not; but the important thing which I always want you to bear
+in mind is, that these guaranties of the Constitution are in existence and
+that they confer upon you certain powers which may be asserted to protect
+your liberty if occasion should ever arise.
+
+I am sure you realize that at the beginning of the life of the American
+Nation, extreme care was exercised by those who framed the Constitution,
+to guard the people at every point against injustice and wrong, whether
+exercised by private individuals or by public officials.
+
+Understanding these things--feeling these things, will give you a new sense
+of power, of pride, and of duty, as citizens of this great Nation.
+
+ELEMENTARY QUESTIONS
+
+1. What does attainder mean?
+
+2. What was the effect of a bill of attainder on the family of a man who
+was convicted?
+
+3. Why does the abolition of attainder show the charity of the founders of
+the Constitution?
+
+4. What is an ex post facto law?
+
+5. How would this kind of a law be unjust?
+
+6. How could a strong, powerful, and dishonest man work injustice by means
+of such a law?
+
+ADVANCED QUESTIONS
+
+A. Show how attainder worked in England in the early days.
+
+B. What were the abuses found under such a law?
+
+C. Show how its abolition made for democracy.
+
+D. Show how the abolition of ex post facto laws made for democracy.
+
+E. Write a paper on the following:
+
+
+    The Injustice of Attainder
+
+    The Injustice of an Ex Post Facto Law
+
+
+
+
+
+XXI. TITLES, GIFTS, TREASON
+
+
+Prohibition Of Titles And Foreign Gifts--Treason, Its Trial And Punishment
+
+
+America is a democracy. It was the plan from the beginning that it always
+should be a democracy. The human race had suffered much from royalty, from
+kings and emperors, and queens and princes. Human nature is weak. We are
+all more or less attracted by people with titles. Story books which we
+read in childhood exalt the "lords" and "ladies" and "princes", and I
+regret to say that the history of lords and ladies and princes does not
+always justify the pictures which our story books would paint for us.
+
+The men who framed the Constitution had just finished a life and death
+struggle with royalty--a struggle between the people and a king, and the
+people had won. They were determined that the blighting influence of royal
+power should never again find a place on American soil. Therefore they put
+into the Constitution:
+
+"_No Title of Nobility shall be granted by the United States: And no
+Person holding any Office of Profit or Trust under them, shall, without
+the Consent of the Congress, accept of any present, Emolument, Office, or
+Title, of any kind whatever, from any King, Prince, or foreign
+State._"(88)
+
+Never before in the history of the world was such a bold thing done. These
+words reflect the spirit of the Revolution. They mark the turning point in
+the history of human governments. They proclaim the final establishment of
+the government by the people--the first real government by the people that
+the world ever knew.
+
+I wonder if those who criticise the government of America who complain
+that in this country the people have no chance, ever read these glowing
+words of our Constitution. It isn't so much the words, but the spirit in
+which they were made a part of our Constitution, the spirit in which the
+young Nation proclaimed to the world eternal separation from kingly power.
+
+I find all through the Constitution an expression of grim determination to
+fortify the Nation against any influence which would weaken the supreme
+power of the people, which would in any way interfere with the plan to
+make this a government by the people.
+
+In many provisions of our Constitution we find expressions which show how
+humane America is.
+
+_We hate treason._ In fact there is no crime so dark, so awful, as
+treason. But in the history of the world, treason has meant many things,
+and unfortunately treason has been made not only the instrument of those
+who sought the destruction of the governments, but it has sometimes been
+made the instrument of tyrants in suppressing the rights, and in crushing
+the hopes of the people. It all depends on what is meant by treason.
+
+In the olden days we find men charged with treason when the offense was in
+fact very slight--perhaps a just resistance to the king, perhaps merely an
+assertion of natural human right against the king.
+
+The government of the United States being intended to protect the
+liberties of the people, the Constitution put a bar against prosecution
+for treason, except where the accused was actually an enemy of his
+country, endeavoring to aid in the destruction of his country. We are here
+told what treason is:
+
+"_Treason against the United States, shall consist only in __ levying War
+against them, or in adhering to their Enemies, giving them Aid and
+Comfort. No person shall be convicted of Treason unless on the Testimony
+of two Witnesses to the same overt Act, or on Confession in open Court._
+
+"_The Congress shall have power to declare the Punishment of Treason, but
+no Attainder of Treason shall work Corruption of Blood, or Forfeiture
+except during the Life of the Person Attainted_."(89)
+
+We see all through the Constitution a splendid spirit of justice, and a
+spirit of charity, even toward the guilty. By this article of the
+Constitution, not only is treason defined, but any conviction of a person
+for treason must be upon the testimony of at least two witnesses to the
+same act, or upon a confession in open court.
+
+The innocent must not be punished; and the guilty, when convicted, shall
+alone bear the punishment. Treason being such a grave offense, Congress
+may, if it so desires, provide very severe penalties, but it cannot
+attaint the blood, so that the children or the grandchildren of the guilty
+person shall suffer as in the olden days; nor shall the right of
+forfeiture of property obtain, except during the life of the person guilty
+of treason.
+
+No one objects to any penalty, however severe, where treason is proved,
+but it is contrary to the spirit of America to brand the innocent
+descendants of one who is guilty of a crime. Of course the children of the
+guilty will always bear a certain degree of reproach from their fellowmen,
+but it is not fair that they should be visited with penalties for an
+offense which they themselves never committed. It is the spirit of America
+that each person shall enjoy any position in life which he may win by
+merit and honest endeavor, and no obstacle should be placed in his way by
+the wrong of an unfortunate ancestor.
+
+ELEMENTARY QUESTIONS
+
+1. America is a democracy. Why does this mean so much?
+
+2. What does that phrase bring to mind?
+
+3. Why did we abolish all titles of nobility?
+
+4. What is treason?
+
+5. Why is it limited so carefully?
+
+ADVANCED QUESTIONS
+
+A. What was the real purpose of abolishing all titles of nobility?
+
+B. Why did the founders of the Constitution refuse to permit our
+representatives to accept gifts from abroad?
+
+C. What acts are treason to-day?
+
+D. Show how these provisions make for democracy?
+
+E. Write a paper on the following:
+
+
+    An Illustration of an Act of Treason During the World War
+
+    How A Person May Obtain a Responsible Position in Life
+
+    Laws Which Retard Advancement in Life
+
+
+
+
+
+XXII. JURY, EXCEPT IN IMPEACHMENT
+
+
+    Criminal Trials, Except Impeachment, To Be By Jury--Equal Rights--No
+                        Religious Test For Office
+
+
+There are still three articles of the Constitution containing personal
+guaranties but the substance of these articles has been considered in
+connection with other articles already discussed. They are the following:
+
+"_The trial of all Crimes, except in Cases of Impeachment, shall be by
+Jury, and such Trial shall be held in the State where the said crimes
+shall have been committed; but when not committed within any State, the
+Trial shall be at such Place or Places as the Congress may by Law have
+directed._"(90)
+
+"_The Citizens of each State shall be entitled to all Privileges and
+Immunities of Citizens in the several States._"(91)
+
+"_No religious Test shall ever be required as a Qualification to any
+Office or public Trust under the United States._"(92)
+
+Here again we see emphasized the right of trial by jury. I want you to
+give some thought to this particular right, because it applies not only to
+cases where persons are accused of a crime, but also to nearly all cases
+involving property rights.
+
+The ordinary lawsuit, where one person is suing another to recover money,
+property, or damages, is triable by a jury. You understand of course the
+purpose of a trial. As already explained the main thing in every trial is
+to determine the truth as to the points in dispute, and the truth in such
+cases under our Constitution is determined, not by judges, but by jurors,
+men from the ordinary walks of life, your neighbors, men accustomed to
+dealing with ordinary human affairs. This right is important in aiding a
+person to have the truth properly established; but it is especially
+important, as I have heretofore explained, because it emphasizes the fact
+that this is a government by the people, and that in grave emergencies
+when life, liberty, or property, is in danger, the representatives of the
+common people, selected from the ranks of the common people, shall be the
+judges.
+
+Of course I have fully explained to you, and I do not wish to have any
+confusion upon that point, that the judges themselves are also
+representatives of the people, because they are elected by the people, or
+appointed by those agents of the people who are elected by the people.
+
+I have intentionally repeated, sometimes over and over, rules and reasons,
+because we must have them in our minds so that they will never be
+forgotten.
+
+Now as above explained, the citizens of each State are guaranteed the
+right to go to another State, and exercise in that other State the same
+rights as the citizens of that State. This is in the spirit of America
+which gives us all equal opportunity. A citizen of Massachusetts going to
+the State of Minnesota has the same rights in Minnesota as the citizens of
+Minnesota have. Minnesota could not discriminate against him because he
+was a citizen of another State. Of course he could not exercise rights
+which the citizens of Minnesota were not entitled to, but all rights of
+the citizens of Minnesota are guaranteed to him while he is in that State.
+
+Now as to the provision which forever bars any religious test as the
+qualification for any office or place of public trust under the United
+States. We have already given serious consideration to the great
+fundamental human privilege which the Constitution guards, the right to
+worship God according to the dictates of one's conscience. We have already
+found that regardless of church or creed each person stands before the law
+equal in our country. The older you grow, the more fully you realize what
+religion means to a great many people in this world, the more fully you
+will appreciate the blessing which came to humanity in these provisions of
+the Constitution. There are some of us who do not belong to any church
+organization, and yet we are intensely interested, because there was a
+time when every person was compelled by law to belong to a church
+organization, to the state church, the state religion. I have already
+explained that we find solemn statutes enacted by the British Parliament,
+as an illustration, which provided for a death penalty for those who did
+not believe in the religion of the state.
+
+There is no religious test which can be made a qualification for any
+office under the United States; nor for any office for any State in the
+Union. There should be no individual discrimination in voting for public
+officials because of the religion or church to which a candidate for
+office may belong. These are sacred, individual rights. Men must be judged
+by their conduct, by their character, by their ability, by their capacity
+to serve the people and their country, not by the religion which one may
+profess.
+
+We must cultivate the spirit of charity toward our neighbors, charity
+which means love, which enables us to maintain a proper spirit of
+toleration for those who differ from us in matters of belief.
+
+ELEMENTARY QUESTIONS
+
+1. Does a citizen have the same rights in California that he does in New
+York?
+
+2. Why is religious belief never made a qualification for office?
+
+3. What is impeachment?
+
+4. Are judges representatives of the people? Why?
+
+5. Can the State of Nebraska enact a law imposing a tax upon merchandise
+shipped into Nebraska from any other State?
+
+ADVANCED QUESTIONS
+
+A. What is impeachment?
+
+B. Describe the manner of trial before trial by jury. Compare the justice
+of the ordeal end wager of battle with the jury system.
+
+C. Show how these provisions make for democracy.
+
+D. Why is the spirit of charity necessary in a democracy?
+
+E. Write a paper on the following:
+
+
+    The Ordeal
+
+    Wager of Battle
+
+    How Englishmen Won the Right to Trial by Jury
+
+
+
+
+
+XXIII. WRONGS UNDER KING GEORGE
+
+
+      The Story Of The Colonists In The Declaration Of Independence
+
+
+When we first read over the numerous guaranties of the Constitution
+protecting the American people in their rights, we sometimes wonder why
+certain provisions were inserted in the Constitution. Being born here in
+America, never having been compelled to submit to the abuse of arbitrary
+power, and always having lived under the Constitution, and always being
+guarded by its provisions against the abuse of power, we can hardly
+understand why it was necessary to make so many provisions against things
+which we can hardly imagine ever happened in human government.
+
+Whenever you have a chance, read somethings of the governments of the
+world under kings or other absolute rulers. In fact, we cannot understand
+the blessings of our government until we know something of what our
+ancestors were compelled to submit to under the governments of the
+different countries of the world a few centuries ago.
+
+While we have in mind the guaranties of our Constitution, it is well for
+us to have clearly in mind some of the definite things which the framers
+of the Constitution had before them, some of the wrongs which the human
+race had endured at the hands of government which the framers of the
+Constitution were determined the people of America would never have to
+endure. You can hardly imagine what little regard or consideration was
+given to human rights in those old days now almost forgotten. I am not
+going to undertake to discuss the problems of government in different
+countries the world.(93) The purpose which I have in mind can be fully
+served by a consideration of the government in this country under the king
+of Great Britain during the years preceding the Revolutionary War. You
+understand, of course, that even at that time a great advance had been
+made in recognizing certain rights of the people. In fact, I think it is
+generally recognized that England before the American Revolution had
+attained nearer to a fairly just government than any other country in the
+world up to that time. There had been many periods during its history when
+the people had asserted themselves and had forced the recognition of
+certain rights by the government--by the king, and yet it was still a
+government by a king. It was a government under a king to which the
+colonies owed allegiance. It was government under a king against which the
+colonies finally revolted. It was government under a king which brought.
+about the Revolution. It was resistance to government under a king which
+inspired the heroes who won the liberty of the new world. It was the
+brutality of a government under a king which inspired the framers of the
+Constitution so carefully to guard against the abuses which the world had
+known before liberty had been established on American soil. I will not
+undertake to recite for you the things which the people were compelled to
+endure under this government of a king. I will let the people of the
+colonies tell their story. You remember that in 1776, after the beginning
+of the Revolutionary War, the people of the Colonies adopted the
+Declaration of Independence which recites in detail the abuses and wrongs
+they had endured under a government by a king. It is one of the most
+dramatic recitals in history. Let these colonies tell their own story. I
+am not going to read the entire Declaration of Independence; I am simply
+going to read the recital therein of the wrongs which came to the people,
+the men, women, and children, the human beings, who up to that time were
+compelled to live here in America under the government of a king.
+
+
+    The history of the present king of Great Britain is a history of
+    repeated injuries and usurpations, all having in direct object the
+    establishment of an absolute tyranny over these states. To prove
+    this, let facts be submitted to a candid world.
+
+    He has refused his assent to laws the most wholesome and necessary
+    for the public good.
+
+    He has forbidden his governors to pass laws of immediate and
+    pressing importance, unless suspended in their operation till his
+    assent should be obtained, and, when so suspended, he has utterly
+    neglected to attend to them.
+
+    He has refused to pass other laws for the accommodation of large
+    districts of people, unless those people would relinquish the
+    right of representation in the legislature--a right inestimable to
+    them, and formidable to tyrants only.
+
+    He has called together legislative bodies at places unusual,
+    uncomfortable, and distant from the repository of their public
+    records for the sole purpose of fatiguing them into compliance
+    with his measures.
+
+    He has dissolved representative houses repeatedly for opposing,
+    with manly firmness, his invasions on the rights of the people.
+
+    He has refused, for a long time after such dissolutions, to cause
+    others to be elected; whereby the legislative powers, incapable of
+    annihilation, have returned to the people at large for their
+    exercise; the state remaining, in the mean time, exposed to all
+    dangers of invasion from without, and convulsions within.
+
+    He has endeavored to prevent the population of these states; for
+    that purpose obstructing the laws of naturalization of foreigners;
+    refusing to pass others to encourage their migration hither and
+    raising the conditions of new appropriations of lands.
+
+    He has obstructed the administration of justice by refusing his
+    assent to laws for establishing judiciary powers.
+
+    He has made judges dependent on his will alone for the tenure of
+    their offices and the amount and payment of their salaries.
+
+    He has erected a multitude of new offices, and sent hither swarms
+    of officers to harass our people and eat out their substance.
+
+    He has kept among us, in times of peace, standing armies, without
+    the consent of our legislatures.
+
+    He has affected to render the military independent of, and
+    superior to, the civil power.
+
+    He has combined with others to subject us to a jurisdiction
+    foreign to our constitution and unacknowledged by our laws, giving
+    his assent to their acts of pretended legislation--
+
+    For quartering large bodies of armed troops among us;
+
+    For protecting them, by a mock trial, from punishment for any
+    murders which they should commit on the inhabitants of these
+    states;
+
+    For cutting off our trade with all parts of the world;
+
+    For imposing taxes upon us without our consent;
+
+    For depriving us, in many cases, of the benefits of trial by jury;
+
+    For transporting us beyond seas, to be tried for pretended
+    offenses;
+
+    For abolishing the free system of English laws in a neighboring
+    province; establishing therein an arbitrary government, and
+    enlarging its boundaries, so as to render it at once an example
+    and fit instrument for introducing the same absolute rule into
+    these colonies;
+
+    For taking away our charters, abolishing our most valuable laws,
+    and altering fundamentally the forms of our government;
+
+    For suspending our own legislatures, and declaring themselves
+    invested with power to legislate for us in all cases whatsoever.
+
+    He has abdicated government here by declaring us out of his
+    protection and waging war against us.
+
+    He has plundered our seas, ravaged our coasts, burnt our towns,
+    and destroyed the lives of our people.
+
+    He is, at this time, transporting large armies of foreign
+    mercenaries to complete the works of death, desolation and
+    tyranny, already begun, with circumstances of cruelty and perfidy
+    scarcely paralleled in the most barbarous ages, and totally
+    unworthy the head of a civilised nation.
+
+    He has constrained our fellow-citizens, taken captive on the high
+    seas, to bear arms against their country, to become the
+    executioners of their friends and brethren, or to fall themselves
+    by their hands.
+
+    He has excited domestic insurrections amongst us, and has
+    endeavored to bring on the inhabitants of our frontiers the
+    merciless Indian savages, whose known rule of warfare is an
+    undistinguished destruction of all ages, sexes and conditions.
+
+    In every stage of these oppressions we have petitioned for
+    redress, in the most bumble terms; our repeated petitions have
+    been answered only by repeated injury. A prince whose character is
+    thus marked by every act which may define a tyrant is unfit to be
+    the ruler of a free people.
+
+
+Now, if there be those who are not satisfied under the present government
+of America, let them reflect. Let them compare their rights to-day with
+the rights of the people subjected to the repeated "injuries and
+usurpations" so eloquently recited by those who founded this government,
+who adopted our Constitution which will forever bar any power from
+exercising "a design to reduce them (the people) to absolute despotism".
+
+Read through this catalog of wrongs endured by the people of the colonies.
+Then read through the guaranties of the Constitution. You will find that
+in large part the guaranties of the Constitution were inspired by the
+wrongs recited by the people when they proclaimed their independence.(94)
+
+I said that this recital is dramatic. It is also pathetic. Listen: "_In
+every stage of these oppressions we have petitioned for redress in the
+most humble terms; our repeated petitions have been answered only by
+repeated injury._" Is it any wonder that the Constitution of the United
+States should provide that "Congress shall make no law ... abridging ...
+the right ... to petition the Government for a redress of grievances"?
+
+Is it any wonder that we find in the Constitution guaranties of freedom of
+worship, freedom of speech and of the press, the right of the people to
+bear arms, the right of the people to be secure in their persons, houses,
+and papers, the right to a speedy jury trial when accused of crime, and
+the right to a trial in the district where the offense was committed
+instead of being sent beyond the seas? When we read of the wrongs endured
+by the people under the government by a king we can readily understand why
+the people put into their Constitution a guaranty that a person no matter
+how poor shall have an attorney to defend him, shall have his witnesses
+brought into court at government expense, that excessive bail shall not be
+required, and cruel and unusual punishments shall not be inflicted, that
+slavery is forever abolished on American soil, that the property of every
+person, rich or poor is sacred, and that even the government of the United
+States cannot take it for public use without just compensation, that every
+person shall have equal protection of the law, and if wrongfully
+imprisoned he can secure his release by writ of habeas corpus. You can
+readily see that all these guaranties of the Constitution and many others
+which we have been studying were intended to give protection to the people
+from wrongs which the people had suffered throughout the world under the
+different forms of government existing before America was born.
+
+From the stirring story related by the people in the Declaration of
+Independence of the injustice which they had to suffer under a king, you
+can see how carefully future generations of people upon American soil were
+guarded by the Constitution against the wrongs which our forefathers had
+endured.
+
+ELEMENTARY QUESTIONS
+
+1. When was the Declaration of Independence signed?
+
+2. How long did the colonists of America continue under government by a
+king?
+
+3. How did it happen to be drawn up?
+
+4. Compare each sentence of this quotation (pages 167, 168) with the
+guaranties that you have discussed in class.
+
+ADVANCED QUESTIONS
+
+A. Discuss in detail the reasons for the coming of the American colonists.
+
+B. Discuss in detail the contrasts noted in Note 2. Review the previous
+study with reference to our Declaration of Independence.
+
+C. Write a paper comparing the solution found in the Constitution with the
+grievances noted in the Declaration.
+
+D. Discuss a method by which this might be brought to the attention of the
+Socialists, Anarchists, and Bolsheviki who are criticising our government
+to-day.
+
+
+
+
+
+XXIV. SHALL ANY PART BE REPEALED
+
+
+       What Provisions Would You Have Taken Out Of The Constitution
+
+
+We have discussed the main personal guaranties of the Constitution. There
+is a large part of the Constitution which we have not yet considered. Not
+because I do not regard it as important--it is all important--but because
+the personal guaranties are of the highest importance. They constitute a
+Bill of Rights, a bill of individual rights, of your rights and my rights.
+These rights are clearly defined and carefully guarded.
+
+I heard a man say the other day that the Constitution ought to be
+abolished, that it was an obstacle to human progress.(95) He did not say
+why. That is the trouble with a lot of people in this world; they are ever
+ready to destroy, but are never ready to aid in building up. Their purpose
+is destruction, not construction. You will hear a great deal of complaint
+about the Constitution. I have heard complaint about the Constitution.
+This is our Constitution. We are directly interested in defending it
+against all attacks if it is a good thing for us. If it is a bad thing we
+are all interested in having it repealed. And of course you now fully
+understand that the people have the power to repeal every line of the
+Constitution if they want to.(96)
+
+So this morning I wish to submit to you a fair question. _What is there in
+the Constitution that you think should be taken out of the Constitution?
+What is there that should be repealed?_ I do not ask you to answer that
+question now. I want you to think it over carefully. Go over each and
+every word of the Constitution carefully. Talk it over with your father
+and your mother. Talk it over with your friends, the boys and girls who
+are studying this subject with you, and some day present to your teacher
+or to me a statement of the part of the Constitution that you think ought
+to be repealed. Of course, to come to a just conclusion on this question
+you must not only look at the language of the Constitution but you must
+take into consideration the purpose of each provision of the Constitution.
+That is why we have been studying the Constitution in detail. That is why
+we have considered in a general way something of the problems of the human
+race under the past governments of the world. It is after all a simple
+question--what is good for the people, and what is not good for the people.
+What is good for _all_ the people--not for any special class. The
+Constitution has been in existence, most of it, for considerably more than
+a hundred years. During that more than one hundred years what a wonderful
+development there has been in this country, development not alone in
+property and in wealth, because after all that is not the main thing, but
+development in human opportunity! What a wonderful expansion there has
+been of human rights! What a splendid example we have had of the
+maintenance and protection of human liberty! What wonderful legislation
+has been enacted by the people during those years to make life easier for
+the average man!(97)
+
+Consider all these things and then say frankly whether or not any
+provision of the Constitution should be taken out. In other words, would
+the repeal of any single personal guaranty, which we have been considering
+in these lessons, help men, women, and children? Would it make life
+easier? Would human liberty be better protected? Would the objects of
+government, the right to life, liberty, and the pursuit of happiness, be
+more effective?
+
+The Constitution is a sacred document, but there is nothing more sacred
+than the right to life and liberty and happiness. Therefore do not
+hesitate to deal fearlessly with the Constitution, but deal with it
+reverently. It was intended as an aid to humanity. If it does not serve
+that purpose it should be abolished. If any provision of the Constitution
+is not an aid to humanity in America let us repeal that provision. Be
+fearless; be also cautious. Be careful in any change to avoid the ills
+which we have, that we do not invite other and more grievous ills that we
+know not of.
+
+The American people owe to themselves, to their children, and to their
+country, the solemn duty to give earnest consideration to our
+Constitution. They owe the solemn duty, if the Constitution is serving a
+great purpose for the people of America, to defend it against all those
+who may attack. They owe the duty to uphold it and to guard it. It is a
+sacred trust and this trust cannot be executed except through
+intelligence, earnestness, patriotism, and loyalty.
+
+Therefore, if there be defects in the Constitution, pick them out and let
+us unite in removing them, because the cause of humanity is greater than
+the cause of fidelity to any law or constitution ever enacted by the
+people.
+
+ELEMENTARY QUESTIONS
+
+1. Why are we interested in the Constitution?
+
+2. Why should we defend it from all attacks?
+
+3. In what way can we best defend the Constitution?
+
+4. Why should we wish to modify it?
+
+5. Just how can the Constitution be modified?
+
+6. What should be the spirit in which we should enter upon the
+consideration of amendments to the Constitution?
+
+7. Just what should be the argument for any changes?
+
+8. Make a list of some of the modifications you think should be made.
+
+9. Arrange a debate on each one of these.
+
+ADVANCED QUESTIONS
+
+A. What is the fallacy of the I. W. W. constitution?
+
+B. How would you meet their argument?
+
+C. List the standards which should be used to measure the worth of any
+suggestion of amendments to the Constitution.
+
+D. Discuss the process by which former amendments have been made.
+
+E. Write a paper on any amendments which you think should be adopted to
+take anything out of the Constitution.
+
+
+
+
+
+XXV. AMENDING THE CONSTITUTION
+
+
+      The Power Of The People--What Provisions Should Be Added To It
+
+
+This morning we are going to apply another test to the Constitution of the
+United States. I have already asked you to analyze and study the
+Constitution carefully, each provision of the Constitution, to see if
+there be any portion that should be taken out. This morning I am going to
+ask you to study the Constitution with a view of determining what, if
+anything, you wish added to the Constitution. Do not assume that I em
+imposing a duty which should only be undertaken by some learned lawyer or
+statesman. This Constitution is a Constitution of the whole people and it
+must be upheld and defended, not only by lawyers, judges, and public
+officials, but by the people in every walk of life, by the children as
+well as by fathers and mothers, by the poor as well as the rich.(98)
+Therefore I come to you who are children to-day but who in a few short
+years will be making the laws of this country through your votes at the
+ballot box. I ask you to decide not only what, if anything, should be
+taken out of the Constitution, but I ask what, if anything, should be
+added to the Constitution; and again I want you to form your own opinions
+about this after a careful study, after conference with your parents and
+with your friends. It is a strange thing that we seldom hear any one
+talking to his neighbor about the Constitution. People when they get
+together talk about all sorts of things, serious and frivolous, but you
+seldom hear them discussing the gravest problem in human life, which is
+human government. Do not be afraid to take up the subject with your
+friends. Do not be afraid to discuss with your friends some provision of
+the Constitution. You are having a special advantage in being able to
+study the Constitution while many of your neighbors never had such an
+opportunity.(99)
+
+What can we add to the Constitution which will make it more effective as
+an instrument in the protection of life, liberty, and property for us here
+in America?
+
+Remember, we the American people can add anything to the Constitution that
+we wish. Nineteen amendments to the Constitution have already been adopted
+by the people. Do not feel discouraged because it takes a little time to
+secure the adoption of an amendment. The Constitution should not be
+amended hastily, but only after grave thought and earnest consideration.
+
+If we can only think of something to add to the Constitution which would
+be a good thing for the whole people of America, I will guarantee that we
+will have no difficulty in having it added to the Constitution. Of course
+it will take earnest effort, but shaping the destiny of more than
+105,000,000 people is a grave matter. The Constitution is the protection
+of the rights of each individual and therefore any change in the
+Constitution merits most earnest consideration upon the part of each one
+of us.
+
+Think it over and advise me some day or inform your teacher of anything
+that you can think of which, if added to the Constitution, would improve
+this Nation as a country in which the people rule, anything which would
+make the rule of the people more complete. That is the big thing after
+all--the rule of the people, because when the people can rule themselves,
+they ought to get out of life everything which they are entitled to by
+their individual merits, ability, and effort. Always keep in mind that
+there is no way by which a government of the people and by the people can
+equalize opportunity for those who will not seek the advantages which are
+open to them. No Constitution and no law can equalize industry and
+idleness. No scheme of government can provide bread for those who will not
+toil. It is impossible that human happiness can be guaranteed to those
+whose lives are spent in wickedness and wrongdoing.
+
+So, my friends, after due thought and deliberation, prepare your
+amendments to the Constitution of your country. Do not hesitate because
+you may think that you cannot put them in proper form. The form is not
+important; the idea is the great thing. Perhaps it may be that out of the
+mind and out of the heart of some pupil in this school may come some day a
+great idea which, incorporated into the Constitution or the law, may bring
+added blessings to the American people.(100) I know of no power on earth
+which can tie the hands of the American people in any effort toward
+enlarging the powers of the people, which will better guard life and
+liberty. We have seen how many safeguards were adopted by the framers of
+the Constitution to protect each and everyone of us against the abuse of
+power by the government maintained by the people. We have seen how
+earnestly the framers of the Constitution guarded each individual against
+wrongful conduct on the part of any servant of the people in any official
+position. _Perhaps some one in this class may discover an additional
+guaranty which would be helpful. If so, duty demands that the same shall
+be made part of the fundamental laws of our country, the Constitution of
+the United States._
+
+As you read of America, as you think of its Constitution and laws, don't
+you feel a sense of power, a sense of pride?
+
+If Mr. Allen who owns the big department store on Main Street were to come
+here some morning and make each one of you a gift of an interest in his
+store, if he should make you partners with him in his entire business, you
+would feel grateful and proud. What an intense interest you would take in
+the store and all the details. You would talk about it at home and to your
+neighbors and friends. Each of you would begin to study the business. You
+would take pleasure in reading about merchandise, prices, and business
+methods.
+
+Well, we are all partners in this great Nation. Liberty is more valuable
+than merchandise or profits. If someone stronger than you should undertake
+to take away your liberty, you would fight for it and die for it if
+necessary.
+
+Being partners in America, won't you study America? Won't you talk about
+the blessings of America at home and to your neighbors? Won't you study
+the problems of America so that each succeeding year it can pay greater
+profits in freedom and justice and righteousness?
+
+ELEMENTARY QUESTIONS
+
+1. What do your parents say about changes in our Constitution?
+
+2. How would you advise them to act?
+
+3. Can you tell them how changes in our Constitution can be made?
+
+4. Why is it necessary that each one of us take a personal interest in OUR
+Constitution?
+
+ADVANCED QUESTIONS
+
+A. How would you meet the argument of the radical who wants a revolution?
+
+B. How would you show others that we have a great partnership in America?
+
+C. What two ways are possible for constitutional amendments?
+
+D. List a series of additions that you think should be made to the
+Constitution.
+
+E. Write a paper upon some one amendment to our Constitution that you
+believe to be worthy of adoption.
+
+
+
+
+
+XXVI. MACHINERY OF THE GOVERNMENT
+
+
+The Agencies, Officers, And Methods For Exercising Powers Of The National
+                                Government
+
+
+Now my friends, we have reached the end of discussion of the personal
+guaranties of the Constitution--the American Bill of Rights.
+
+As I have heretofore stated, this is the real, important part of the
+Constitution, because it is in a study of these guaranties that we fully
+realize the blessings of our free American government. Any one who has
+earnestly considered this great American Bill of Rights can readily answer
+the question, "What has America done for me and for my children"?
+
+But I would not have you feel that the other parts of the Constitution are
+of small concern. Each provision of this great charter of human rights is
+very important, and worthy of careful study.
+
+Article I of the Constitution provides that all legislative powers granted
+"shall be vested in a Congress of the United States, which shall consist
+of a Senate and House of Representatives". Now you will understand of
+course that up to the time the Constitution was adopted, the United States
+had no power; in fact there was no United States. The colonists through
+the Articles of Confederation had attempted to establish a Nation which
+was designated "The United States of America", but the result of their
+efforts was really a confederation, and not a real union.(101) _The Nation
+was formed by the adoption of the Constitution._ The Nation formed was in
+the nature of a partnership. I suppose you know but little about
+partnerships organized by individuals. A partnership is generally formed
+by a written agreement signed by the partners. This agreement usually
+contains provisions as to the share or interest of each partner, the power
+of the partners and of the partnership, and the objects and purposes of
+the partnership.
+
+The United States is a partnership between the people and the Nation. The
+Constitution is a partnership agreement binding upon all the parties to
+the agreement. Before the adoption of the Constitution the people
+possessed all the power of government and governmental action. The people
+gave some of their power to the Nation, but only a small part of the power
+of the people was given. Always bear in mind that the United States--the
+Nation--has no power, and never had any except what the people granted in
+the Constitution and in the amendments thereto.
+
+You will see in Section 8 of Article I the specific powers granted to
+Congress by the people. They include the following: lay and collect taxes;
+pay debts; provide for defense and for the general welfare; borrow money;
+regulate commerce among the States and with foreign nations; provide for
+naturalization and uniform rules of bankruptcy; coin money, regulate the
+value thereof, and fix the standard of weights and measures; punish
+counterfeiting; establish post offices and post roads; protect authors and
+inventors by copyrights and patents; establish courts; punish piracies and
+felonies on the high seas; declare war, raise, and support armies; provide
+and maintain a navy; provide for organizing armies, for disciplining the
+militia, and for calling them to serge in certain emergencies; exercise
+exclusive power of legislation "over such District (not exceeding ten
+miles square) as may, by Cession of particular States, and the acceptance
+of Congress, become the Seat of the Government of the United States"; make
+all laws necessary and proper for carrying into execution the foregoing
+powers "and all other Powers vested by this Constitution in the Government
+of the United States, or in any Department or Officer thereof."
+
+So you see large powers were granted by the people to the new Nation.
+
+However, the people were very careful. Nearly every government in the
+world, before the organization of the United States, had at times proven
+false to the people. Many governments were false to the people all the
+time. Indignities and abuses were often heaped upon helpless men, women,
+and children. Governments were more often maintained to serve royalty or
+aristocracy than to protect the rights and liberties of the common people.
+Therefore when it came to organizing this new Nation, the people were
+careful to guard against the abuses of the past. Thus they not only
+specified definitely the powers conferred upon the United States, but
+(Sections 9 and 10 of Article I) positively stated certain things which
+the United States could not do.
+
+_The people also were suspicious._ The experience of the human race with
+governments justified this suspicion. When the Constitution was submitted
+to the people, many protested that the individual liberties of the people
+were not sufficiently guarded; and before the people consented to ratify
+the Constitution, it was necessary that they should be given assurance
+that upon the ratification of the Constitution, amendments would be
+proposed and submitted to the people, expressing clearly the guaranties
+given to the people against improper exercise of power by the National
+government and especially protecting the liberty of all the people. These
+amendments, which constitute the Great American Bill of Rights, were
+proposed by Congress in 1789 and were ratified by the States in 1791.
+
+Now let us get the foregoing brief summary fixed in our minds.
+
+The Constitution is a partnership between the people and the Nation in
+which the people (1) grant to the Nation certain specific powers; (2)
+restrain the Nation from exercising powers not granted; and (3) in many
+particulars direct the manner in which the powers granted shall be
+exercised. The Constitution also provides for what may be termed the
+"machinery of government". It separates the powers of government into
+three divisions: the legislative, the executive, and the judicial. It then
+provides for the officers (the agents or servants of the people), who
+shall exercise the powers of each department, and prescribes certain
+qualifications for such officers, the methods of their selection, and the
+terms of such officers.
+
+In Article I we find certain qualifications for Senators and
+Representatives--the length of their term of service. Senators are elected
+for six years, Representatives for two years. There are also certain
+provisions as to their election, the organization of the Senate and House,
+to some extent the method of procedure, and direction as to the exercise
+of certain powers.
+
+Article II of the Constitution fixes certain qualifications for President
+of the United States, the executive head of the Nation; provides the
+manner of the election of the President and the Vice President, confers
+certain powers and duties, provides that the term of office of President
+and Vice President shall be four years, and designates the causes for
+which they may be removed by impeachment.
+
+Article III of the Constitution provides for courts and judges, and fixes
+their jurisdiction--their power--and gives direction as to trial and penalty
+in certain cases.
+
+Thus we find that the Constitution guarantees a National government (a
+republican form of government), confers certain powers formerly held by
+the people, provides an executive to enforce the powers granted, a
+legislative body to make laws under which the powers may be exercised, and
+establishes courts to construe and apply the laws enacted, to the end that
+human rights and liberties shall be protected.
+
+Let us carry in our minds this picture of the people of the colonies, who
+through generations had struggled with royalty to secure the blessings and
+liberties for which they had come to the New World. In the local
+government of the colonies much had been done to apply the principles of
+liberty, but in their relation to the mother country they had endured
+abuses and sufferings, which finally in 1776 found expression in the
+Declaration of Independence.
+
+In an effort to unite their strength they had formed a federation of the
+thirteen States, but their dreams of a free country were not realized
+until in the Constitution they had formed the "more perfect Union" which
+was created to "establish Justice, insure domestic Tranquility, provide
+for the common defence, promote the general Welfare, and secure the
+Blessings of Liberty to ourselves and our Posterity".
+
+Now let us bear in mind that the people reserved much of their power,
+which under the plan of government adopted was to be used in their
+respective States under Constitutions and laws expressing the will of the
+people with relation to their domestic affairs. At our next meeting, we
+shall consider briefly something of the Constitutions of the States, where
+they come from, and the wonderful purpose they serve in carrying out the
+scheme of the people in actual self government.
+
+ELEMENTARY QUESTIONS
+
+1. Why are the individual guaranties of the Constitution so important?
+
+2. What is meant by legislative power?
+
+3. In whom is the legislative power of the United States vested?
+
+4. When and how was the Nation formed?
+
+5. What is a partnership? How is it usually formed?
+
+6. From whom did the United States obtain its power?
+
+7. State the terms of service of: (a) the President, (b) Senators, (c)
+Representatives, (d) the Vice President?
+
+ADVANCED QUESTIONS
+
+A. Tell some of the powers conferred by the people upon the United States.
+
+B. Into what departments does the Constitution separate the powers of
+government?
+
+C. At the time of the adoption of the Constitution, why were the people
+suspicious?
+
+D. Name some officers now in service of the National government: (a) in
+the executive department, (b) in the legislative department, (c) in the
+judicial department.
+
+E. Write a statement of the attitude of the people of the States when the
+Constitution was submitted to them for ratification, what was the subject
+of public discussion, what parties were formed, and what was done to
+secure the consent of the people to ratify the Constitution?
+
+F. Write in 100 words or less a summary of what the United States
+Constitution is.
+
+
+
+
+
+XXVII. STATE CONSTITUTIONS
+
+
+    The Grant And Limitations Of Power Expressed By The People In The
+                       Constitutions Of The States
+
+
+Every human organization had a beginning. This is a large city in which we
+now live, but there was a time within the memory of men still living, when
+there was nothing here but an unbroken prairie. A log cabin was the first
+building where the city now stands. Then came the cultivated fields. A
+flour mill was erected down on the river bank, then a blacksmith shop, a
+store, a livery stable, some modest dwellings, then a school house, and a
+church. Thus came the little village which through the years has slowly
+grown into the present city.
+
+Thus came all the cities, and thus came the States. There was a time not
+so long ago when there were no white people within what is now the borders
+of our State. There was the "first white settler", the first cultivated
+patch of ground, the first log house, the little settlements, the lonely
+log cabins in between, and then the State.
+
+Thus were the thirteen colonies founded, and thus were founded the
+thirty-five States which have been admitted to the Union since the
+adoption of the Constitution.
+
+Every human organization with any degree of permanence has something in
+the nature of a constitution. It may be in writing, it may be oral, or it
+may rest in a mutual understanding expressed only by acts and conduct. It
+may be manifest from customs which have been observed by all the members
+of the group.
+
+The proud boast of America is that it was the first Nation in the world
+which adopted a complete written Constitution binding upon the Nation and
+upon the people, a Constitution which provides for courts with the power
+of restraining the Nation and the individual from acts or conduct which
+violate its provisions, designed to guard human rights.
+
+Until the Declaration of Independence in 1776, the colonies in their joint
+efforts for liberty and justice, were called the "United Colonies"; but
+after independence was proclaimed, this title gave place to that of "The
+United States". Thereupon eleven of the thirteen States adopted
+Constitutions. In two States--Connecticut and Rhode Island by an act of the
+legislature, the existing charters were continued in force so far as
+consistent with independence. These Constitutions all came into being
+before the adoption of the Constitution of the United States. Of course
+they were far from perfect, and all have been amended from time to time,
+so that now the Constitution of each State provides a truly American
+system of government.(102)
+
+Nothing in the Constitution of the United States requires that each State
+shall have a written Constitution, but the wonderful achievement of the
+people in creating the Constitution of the United States has been a guide
+and inspiration to the people of the States, and each State has adopted a
+written State Constitution, following the method and spirit of the
+colonists in the long ago, drafting the Constitution in a convention of
+delegates and ratifying it by another special convention or by the vote of
+all the people.
+
+Then as each new State was admitted to the Union, a Constitution was
+adopted.(103) By the Constitution of the United States, Congress has the
+power to admit new States, thus by implication controlling the subject
+matter of the original Constitution of each State admitted.
+
+It is not my intention to consider in detail the Constitutions of the
+various States. This is not essential to the purpose which I have in
+talking to you. I am very anxious that you shall realize that each State
+is a separate sovereignty; that when the people created the United States,
+and adopted the Constitution of the United States, they give to the United
+States limited power; that the plan of government contemplated that each
+State should have its own Constitution; and that in each State the people
+should enact their own laws governing the conduct of the people in their
+respective States.
+
+An examination of the Constitutions of all the States will show how
+carefully the people of each State incorporated in their State
+Constitution the great principles of government, and the guaranties of
+liberty which were so carefully provided in the Constitution of the United
+States.
+
+Different language is used in the different State Constitutions, but in
+each it will be found that the government of the State, as of the United
+States, is divided into three departments--the executive, the legislative,
+and the judicial; that the executive power in the States is vested in a
+Governor; that the legislative power rests in what is usually termed a
+"General Assembly" consisting of a Senate and a House of Representatives,
+modeled after the Congress of the United States; that the judicial power
+is to be exercised by courts--a Supreme Court and other courts designated
+as District Courts, Circuit Courts, and many other titles, varying in
+different States.
+
+Public officers, servants of the people, are provided for, and usually
+their selection is by vote of the people at general elections for which
+provision is made.
+
+The really important thing in the State Constitutions, as well as in the
+Constitution of the United States, is the Bill of Rights specifically
+guarding the natural rights and liberties of the people.
+
+The guaranties in the State Constitutions are not all uniform, but as a
+general thing you will find that each State has incorporated in its
+Constitution those sacred guaranties which in the Constitution of the
+United States form the real foundation and protection of human liberty.
+
+Always bear in mind that the Constitution in each State, as in the Nation,
+is an instrument of fundamental law, or body of laws, which prescribes the
+form of government, fixes the different departments of government,
+provides the agencies of government, and declares and guarantees the
+rights and liberties of the people.(104)
+
+The Constitution of the United States is the Supreme law of the land, and
+the Constitution of each State is the supreme law of the State. These
+Constitutions must be respected, and must be obeyed; and any law enacted
+by the legislature of a State or by the Congress of the United States
+which is contrary to the provisions of the Constitution is null and void.
+
+By their Constitution the people of a State proclaim and establish their
+power superior to the power of the legislature of the State or any officer
+of the State. The power expressed in the Constitution is the power of the
+people. They have, by their solemn document--the Constitution--established
+certain rules, regulations, principles, and guaranties, which cannot be
+changed by ordinary legislation.(105) Of course the people can change and
+modify the Constitution of State or Nation. Every Constitution provides
+some method of amendment. Some States provide for a constitutional
+convention from time to time, where the people through their
+representatives selected for such a purpose assemble to consider the
+question of change or modification. In other States the legislature may
+propose amendments which must be submitted to the people for their
+approval. In all States some procedure is provided which requires careful
+deliberation and consideration by the people before the Constitution is
+changed.(106)
+
+Now it is very important that every citizen shall have a knowledge of the
+Constitution of his State. It is of the highest importance that every man,
+woman, and child shall know and feel the solicitude, the care, which has
+been exercised in the framing of the Constitution to guard individual
+rights.
+
+As I have heretofore explained, the purpose of government is to guard
+human rights and human liberty. This is true of the government of the
+United States, and it is true of the government of each State. Always keep
+in mind that in this country, what we call "the government" is merely an
+agency of the people--an expression of the power of the people in a defined
+way, agreed upon by them, through which they protect themselves against
+wrong by the agencies of government which they have created, and against
+wrong by their neighbors.
+
+Inspiring indeed is it to contemplate the spirit in which the founders of
+the American Nation and of the States of America studied the methods by
+which human rights should be protected. They were unselfish; they were in
+the highest degree inspired by a holy purpose to guard the people of
+America against the wrongs, the abuses, the cruelty which their ancestors
+in the past had suffered; and to accomplish their purpose they exercised
+the greatest care to maintain the power of government in the people
+themselves--the power to make laws and to enforce them.
+
+I suppose it may be said that the highest achievement of the American
+people in creating a National government and the governments of the States
+is expressed in the words of Lincoln when he proclaimed this to be "a
+government by the people".
+
+ELEMENTARY QUESTIONS
+
+1. What is a village?
+
+2. What is a State?
+
+3. When were the colonies first called States?
+
+4. What States adopted Constitutions before the adoption and ratification
+of the Constitution of the United States?
+
+5. Can the people of the State of New York enact a law punishing a person
+for coining silver dollars? Why?
+
+6. Can Congress pass a law Sting the punishment of a person for stealing a
+horse in the State of Michigan?
+
+7. When was the State in which we live admitted to the Union?
+
+8. Who framed the Constitution of this State?
+
+ADVANCED QUESTIONS
+
+A. What is a constitution?
+
+B. Explain fully how a Constitution of a State comes into, being.
+
+C. Must a constitution be in writing? If not, what may be its form?
+
+D. State how the Constitution of the United States may be amended.
+
+E. In what way may the Constitution of a State be amended?
+
+F. Write briefly telling the advantages of a written constitution.
+
+G. State in writing the power of the courts in exercising their power and
+duty of defending the Constitution. Give an illustration.
+
+H. Write an explanation of the power and influence of the Constitution of
+the United States in guiding the people in framing the Constitutions of
+their States, and in what things the Constitution of the States follow the
+Constitution of the United States.
+
+
+
+
+
+XXVIII. THE SUFFRAGE
+
+
+     The Significance Of The Nineteenth Amendment To The Constitution
+
+
+This meeting was at night. Some of the parents who had attended the talks
+from time to time had requested that the last meeting be held at night so
+that some of the busy fathers and mothers might come. The assembly room
+was crowded, and although extra chairs had been placed in the aisles,
+there were a number of people standing. The principal said that it was the
+largest crowd that he had ever seen in the room.(107)
+
+First everybody arose and sang "The Star Spangled Banner", and when the
+meeting closed, the audience joined in singing "America".(108) The judge
+was greeted with loud applause. He said:
+
+I am happy to-night. This meeting is an inspiration. It is a real
+community meeting, a real American meeting. If meetings like this were
+held once each week or once every two weeks in every school building in
+the United States I should not fear socialism or bolshevism or anarchy.
+Such ideas cannot live in a community where the people really know each
+other. There are no class lines here to-night. You are too close together.
+I see a banker over there whom I have known for thirty years. He was
+brought up in this city, attended this school, and has spent his whole
+life here. His success in life came to him among old friends in the
+community where he was born. Near him I see a bricklayer. I have known him
+and respected him since boyhood. We played on the same baseball team when
+we were both younger and could run faster than we can now. He went to the
+Washington school. The children of these men are in this school now. In a
+few years they will be grown men and women doing the work that we shall
+have to give up soon.(109)
+
+So with most of the people in this room to-night. They were born here,
+went to school here, and they have worked here all their lives. Some
+followed one occupation, some another. This was a matter of their own
+choice. Their children are now growing up, as they once grew up. Soon they
+will be selecting their life work. Soon they will be voting and performing
+other duties of citizenship. Soon you and I, fathers and mothers, will
+pass off the stage of life. Soon we shall be forgotten by all except the
+few who compose the family circle, who love us notwithstanding our faults.
+
+For a few weeks I have been acting as teacher. I have been trying hard to
+bring into the minds and hearts of the pupils in this school something of
+the sacredness of human liberty, something of the cost of American
+liberty, the sacrifices, the struggles, the bloodshed, the heartaches, and
+heartbreaks which finally triumphed when our Constitution was adopted. I
+have endeavored to explain that the Constitution is not a mere skeleton or
+framework, defining the relation of the Nation and the States and
+providing for the election of officers to carry out the plans of the
+National government. I have repeatedly told the great truth that in
+America there is more freedom, justice, charity, and kindness than in any
+other Nation in the world. I have pointed out that in America we have in
+our Constitution written guaranties of life, liberty, and property rights
+such as no other Nation in the history of the world ever had. We have
+found that this is a government by the people, that the people rule, that
+the few cannot rule unless the many refuse to perform their duties as
+citizens of this great republic. Oh! if we can only put in the hearts of
+the American people a realization of the _power_ and the _duty_ of the
+people!
+
+To-night I wish to present briefly something of the manner in which the
+people express their power, the method by which the people disclose their
+wishes in public affairs. The Star Baseball Club, the Irving Literary
+Society, the City Teachers Association, the Woman's Club, the Charity
+Guild, these are all mere organisations of people. _That is all that
+America is._ These organizations have written constitutions. _So has
+America._ These organizations must have laws or rules of conduct, aside
+from their constitutions. _So must America._ These societies must have a
+policy and transact business. _So must America._ In adopting laws or rules
+of conduct these societies secure an expression of the wishes of their
+members. These wishes are generally expressed by their votes, sometimes by
+ballot and sometimes orally in a meeting.
+
+America secures an expression of the wishes of the people by their votes.
+The votes of the people either in writing or printed are cast on election
+days fixed by laws enacted through the vote of the people. In no other way
+can the wishes of the people be made known. It, is through the ballot that
+the people exercise their powers. It is through the ballot that America is
+governed.(110)
+
+I wonder if the people of America generally realize what a wonderful thing
+it is that a government as large as ours must depend entirely upon the
+wishes of the people expressed by their vote on election day. I wonder if
+they realize that in this way the people rule. On election day we see
+something of the equality of the people. If you go near the polling place,
+you will see the president of the bank, perhaps, or the president of the
+railroad walking side by side with the hodcarrier or the brakeman on the
+train. In the voting booth each has the same power in helping to shape the
+destiny of their country.
+
+In a way this is a new method of government. Only in a country where there
+is a government by the people do we find such a thing as the right of all
+men regardless of property, race, or creed to exercise the same power in
+the ballot box.(111)
+
+From the beginning America has led in granting the right of suffrage, the
+right to vote. In the early days in some of the States a man had to own a
+certain amount of property before he could vote, but this has not been
+true for more than fifty years. _Now a new day has come._ After a struggle
+for generations, the right to vote has been conferred upon all female
+citizens, regardless of property, social position, religion, or race. It
+has been a long struggle and now that victory has been won for equal
+suffrage, is there anyone who will still contend that in this country the
+people do not rule?
+
+Who has conferred this great privilege upon the women of America? The
+voters of America decided that every State should grant this privilege.
+
+The amendment to the Constitution is as follows:
+
+"_The right of citizens of the United States to vote shall not be denied
+or abridged by the United States or by any State on account of sex._"
+
+The people did not vote directly upon this constitutional amendment, but
+they voted for the members of the House and the members of the Senate who
+voted for the amendment and they voted for the members of the legislatures
+of the different States which ratified the amendment. Thus the
+responsibility rests with the people. This is true of course as to nearly
+all the laws enacted by State and Nation--the people do not vote directly
+upon them, but they select their agents, who, under the law, are
+authorized to act for them.
+
+Under this amendment we have the written guaranty in the Constitution that
+so far as men and women are concerned they shall have equal rights to
+vote.(112)
+
+Perhaps you were not in favor of woman suffrage. Many good men and women
+were opposed to it. Many are still opposed to it. This is a good
+illustration of the way we do things in a democracy. We have different
+temperaments, different dispositions. We are reared in different
+surroundings. We have different interests. We look at life in different
+ways. Each of us has a right to his opinion and each of us has the right
+to express it by our vote. When we finally vote, a decision is made. If we
+belong to the majority, we find that our wish is carried out. If we are in
+the minority, we cheerfully follow what the majority of the people, what
+most of the people in America desire.
+
+The thing that I wish to impress to-night is that to vote on election day
+is not only a right, it is a duty. Whether we were for woman suffrage or
+not it has come. It is settled. It brings into power twenty-seven million
+new voters. Each of these women, whether she desires it or not, must
+assume this new share of the responsibilities of government. It is a
+patriotic duty. At every election we must cast our votes. Before every
+election we must study the issues, the problems to be met. Unless we do
+that we are failing in patriotism and loyalty. Unless we vote we are not
+good citizens.
+
+Now I must close. I hope that the talks I have given in this school have
+planted in the hearts of boys and girls, and possibly in the hearts of
+grown men and women, something of the simple truth of American life,
+something perhaps of the privileges of American citizenship and something
+of the duties that we all owe in return.
+
+I have promised the principal of this school that next term I will again
+appear and present some new topics. I wish to talk to the boys and girls
+about authority and obedience, the source of authority and the duty of
+obedience. I wish also to talk about the making of laws, the origin of
+laws, how they are put in form and finally enacted by the people. I wish
+to talk about our public servants, because one of the important things for
+each citizen to know is that from the President of the United States down
+to the constable of the humblest village, all officers are mere servants
+of the people and that no officer in America is in his official capacity
+master of any man, woman, or child. I wish to impress as far as I am able
+the great truth expressed by Chief Justice Marshall when he said long
+years ago, "This is a government of laws and not of men."
+
+ELEMENTARY QUESTIONS
+
+1. Show the ways in which the United States is just like a small club?
+
+2. Why must we always vote?
+
+3. Why is it right that women should vote?
+
+4. Show that this is more than a privilege: it is a duty.
+
+5. Imagine some person saying that America is only for the rich. Review
+all the work that we have done, and show how it is just as fair to the
+poor man as to the rich.
+
+ADVANCED QUESTIONS
+
+A. Re-read the questions to chapters one and two. Note the difference in
+your answers.
+
+B. Map out a program so that you can show to all critics of America the
+ways in which the Constitution of the United States gives to all Americans
+the rights to LIFE, LIBERTY, and the PURSUIT OF HAPPINESS.
+
+C. You can now answer fully the question, "Why is America the most free
+and most just Nation on the globe?"
+
+D. What did Chief Justice Marshall mean when he said, "This is a
+government of laws, and not of men."
+
+E. Prepare in writing a constitution for the "Lincoln Debating Club".
+
+
+
+
+
+A WORD TO THE THE TEACHERS AND OTHERS
+
+
+"The very essence of civil liberty certainly consists in the right of
+every individual to claim the protection of the laws whenever he receives
+an injury. One of the first duties of government is to afford that
+protection. The Government of the United States has been emphatically
+termed, a government of laws, and not of men. It will certainly cease to
+deserve this high appellation, if the laws furnish no remedy for the
+violation of a vested legal right."
+
+These words of Chief Justice Marshall in Marbury v. Madison, 1 Cranch,
+137, are the most significant and far reaching in their effect upon human
+government that were ever uttered by the lips of man.
+
+"A government of laws and not of men." This expresses the fundamental
+difference between the government of this great American republic and all
+other systems of government devised by man before the Constitution of the
+United States came into being.(113)
+
+Government has been the great problem of the human race throughout all the
+ages since mankind first started out upon the great highway of life. The
+greatest problem men have ever been called upon to solve is "how they
+might live together in communities without cutting each others throats".
+
+As we look back at the warring world of yesterday, yea as we look at the
+warring world to-day (1920), we are reminded that the history of the human
+family tells a long, sad story of war and bloodshed and death. The path
+which humanity has traveled stretches back into the dim distance, a long
+gleaming line of white human bones. The flowers, the trees, and the shrubs
+along the way have been nurtured by the red blood that flowed from human
+hearts. All over the world the battle has waged; away down in Egypt where
+the Nile scatters her riches; upon the banks of the Tiber which for
+centuries has reflected the majesty of Rome; upon the heights above the
+castle crowned Rhine; on the banks of the peaceful Thames; and upon the
+prairies that sweep back from the Father of Waters, men have fought and
+died. In the field and in the forest, by the sweet running brook, and upon
+the burning sands, in the mountain pass, and in the stony streets of the
+populous city, within the chancel rail of holy churches, and at the dark
+entrance to the Bastile--in all these places, and in a thousand more, the
+hand of the oppressed has been lifted against the oppressor, the right to
+be free that God gave to men has struggled with the power which might has
+given, and, alas! so often might has triumphed, and the slave, sick at
+heart, has been scourged to his dungeon. On a thousand hillsides burning
+fagots have consumed men who dared to dream of freedom, and in dark and
+slimy prison cells where God's sunlight seldom entered, men have rotten
+with clanking chains upon their limbs because they dared to ask for the
+rights of freemen.
+
+In the olden days force ruled the world; the king, the crown, the scepter,
+were the insignia of power. All about were the instruments of force, the
+cannon, the moated castle, the marching armies of the king.
+
+And so it was until the American Nation was born, a Nation founded by
+exiles who were fleeing from oppression, from unrestrained power, exiles
+who dreamed of establishing a Nation, exiles with stout hearts and with
+strong hands with which to build it--a Nation where there would be no
+master and no slaves, where the citizen would rule and not the soldier,
+where the home and the school and not the castle would stand as the
+citadel of the Nation, where the steel would at last be molded into
+plowshares, and not into swords, where, instead of martial music, the song
+of the plowboy and the hum of the spinning wheel would greet the ear,
+where lust for power would be dethroned and brute force strangled, where
+love would rule and not brutality, where justice and not vengeance would
+be the end of judicial investigation, where the rights of men to live and
+to enjoy the fruits of their labor would be recognized. This was the dream
+of the fathers of the republic as they laid the foundation in the long
+ago.
+
+But this dream never would have been realized had it not been for the
+recognition of that great constitutional principle, announced by Chief
+Justice Marshall, that in this Nation the law is supreme; not supreme
+alone with the citizen, but supreme with the Nation and the States that
+compose the Nation; not supreme with the humble toiler, but supreme with
+the richest and the strongest; not supreme in theory, but supreme in truth
+and in fact.
+
+This great principle of the supremacy of the law finds its origin in that
+immortal document, the Constitution of the United States.(114)
+
+Few there are in these modern days who fully appreciate the wonderful
+blessings of a written Constitution which gives recognition to the
+fundamental natural rights of man, and provides guaranties against the
+invasion of these rights.
+
+Gladstone, the eminent statesman, said:
+
+
+    It (the American Constitution) is the greatest work ever struck
+    off at any one time by the mind and purpose of man.
+
+
+An eminent lawyer has said:
+
+
+    It has been the priceless adjunct of free government, the mighty
+    shield of the rights and liberties of the citizen. It has been
+    many times invoked to save him from illegal punishment, and save
+    his property from the greed of unscrupulous enemies, and to save
+    his political fights from the unbridled license of victorious
+    political opponents controlling legislative bodies; nor does it
+    sleep, except as a sword dedicated to a righteous cause sleeps in
+    its scabbard.
+
+
+Horace Binney says:
+
+
+    What were the States before the Union? The hope of their enemies,
+    the fear of their friends, and arrested only by the Constitution
+    from becoming the shame of the world.
+
+
+Sir Henry Maine gives the following estimate of the Constitution:
+
+
+    It isn't at all easy to bring home to the men of the present day,
+    how low the credit of the Republic had sunk before the
+    establishment of the United States.... Its success has been so
+    great and striking, that men have almost forgotten, that if the
+    whole, or the known experiments of mankind in governments be
+    looked at together, there has been no form of government so
+    successful as the republican.
+
+
+Justice Mitchell of Pennsylvania, some twenty odd years ago said:
+
+
+    A century and a decade has passed since the Constitution of the
+    United States was adopted. Dynasties have arisen and fallen,
+    boundaries have extended and shrunken 'till continents seem almost
+    the playthings of imagination and war; nationalities have been
+    asserted and subdued; governments built up only to be overthrown,
+    and the kingdoms of the earth from the Pillars of Hercules to the
+    Yellow Sea have been shaken to their foundations. Through all this
+    change and obstruction, the Republic, shortest lived of all forms
+    of government in the prior history of the world, surviving the
+    perils of foreign and domestic war, has endured and flourished.
+
+
+And yet, it is true, "and pity 'tis, 'tis true", that in these days there
+seems to be a great lack of confidence, nay even a feeling of contempt
+existing in the minds and hearts of many men for this great charter of
+human liberty. Men born to the blessings of freedom, men who do not stop
+to think about the cost of freedom, men who do not realize that this
+Nation is not the child of chance, but that it is the outgrowth of
+centuries of tears and blood and sacrifice in the cause of human
+freedom--these men assume an attitude of criticism, and would, by
+destroying the Constitution, fly from the "ills we have" and open their
+arms to evils "we know not of".
+
+And this feeling, this unrest, this spirit of criticism, is not limited to
+the ignorant, nor the lowly. Many men and women of education and culture
+are prominent in the ranks of those who raise their voices in reckless
+condemnation.
+
+What is the source of this widespread feeling?
+
+For several years before the World War, we were passing through a period
+of readjustment in the political and social life of the Nation. Many
+people felt that privilege was too strongly entrenched in governmental
+favor. A noble feeling of sympathy for the weak and the unfortunate
+created a demand for social justice. A great political party was thrown
+out of power. Out of all this came appeals for legislation, most of it
+inspired by the highest motives, but much of it impractical and visionary,
+some of it so framed that in providing a benefit for a certain class, the
+rights of some other class were forgotten. Often it became necessary to
+recall the provisions of the Constitution, and some times it was used as a
+bar to the enactment of measures which were inspired only by the loftiest
+motives. Under such circumstances it is only natural that those intensely
+interested, seeing only from one standpoint, not understanding perhaps the
+far reaching effect of their favorite measures, should cry out at the
+limitations imposed by the Constitution.
+
+Then again courts are sometimes compelled, under their sworn duty to
+defend the Constitution, to hold that a legislative enactment is
+unconstitutional and void, because it violates some of the principles of
+that great document, created, not by courts, not by presidents, but by the
+people themselves for their own guidance and protection.
+
+But Chief Justice White gives the strongest reason for this feeling of
+contempt for the Constitution. He says:
+
+
+    There is great danger, it seems to me, to arise, from the constant
+    habit which prevails where anything is opposed or objected to, of
+    resorting without rhyme or reason, to the Constitution as a means
+    of preventing its accomplishment, thus creating the general
+    impression that the Constitution is but a barrier to progress,
+    instead of being the broad highway through which alone true
+    progress, may be enjoyed.
+
+
+Not only is this true, but unfortunately it is also true that every base
+murderer who begins to feel the rope tighten about his neck can find some
+lawyer who can devise some alleged constitutional reason why his client
+should not hang. The courts are constantly engaged in defending the
+Constitution against these base and unworthy attempts to defeat justice.
+
+Then upon every hand are those who hate authority, who despise law and
+order, and who denounce the Constitution because it stands between them
+and a realization of their greedy, vicious purposes.
+
+Justice White further says that there is "a growing tendency to suppose
+that every wrong that exists, despite the system, and which would be many
+times worse if the system did not exist, is attributable to it, and
+therefore that the Constitution should be disregarded or over-thrown".
+
+The foregoing are some, but not all of the causes which weaken the faith
+of the people in the Constitution.
+
+Now recognizing that there is in this Nation a lack of respect for the
+Constitution, and knowing something of the causes which underlie this
+feeling, and realizing that the Constitution is in very truth the fortress
+and the glory of our republic, what is our duty?
+
+The duty of every man, woman, and child in America is to defend the
+Constitution with his life, if necessary, against those who condemn and
+traduce and seek to destroy.
+
+But how shall we defend it? Shall we oppose all amendments of the
+Constitution? No, by its very terms it is subject to amendment; but in
+contemplating its amendment, we should approach this sacred document in
+the same reverent spirit we would have if we were entering upon some holy
+shrine. It is the people's Constitution; it is their right to amend it.
+Yea, it is their duty to amend it, if upon due deliberation, the rights of
+the whole people can be better protected or enforced.
+
+Complaint is sometimes made because of the delay involved in its
+amendment; but the provisions of the Constitution requiring deliberation
+were wisely inserted. It was intended that fundamental principles should
+not be changed under the inspiration of sudden passion. It contemplated
+mature deliberation. The fathers of the Republic were mindful of the
+storms which at times in the history of the world had swept the people to
+destruction.(115)
+
+Shall we rebuke the people who seek reforms? _Shall we decry progress or
+change?_ No, we should be the leaders in all such reforms. We should aid
+in guiding public sentiment along channels safe and sound and
+constitutional. We should give recognition to the appeals of those who
+would lighten the burdens of our brothers who may be heavy laden. We
+should aid in convincing the people that the Constitution is no restraint
+upon their aspirations for higher and better things; that it is in truth
+the guide and inspiration to better things.
+
+Shall we condemn those who through lack of knowledge do not appreciate the
+great value of the Constitution? No, we should teach them. We should lead
+them. We should inspire them with love and veneration for this great
+bulwark of human freedom.
+
+We must in very truth become teachers of all the people. We must carry to
+them the light of our knowledge. We must point out to them the rocks upon
+which other republics have been wrecked.(116)
+
+We must teach them that in the Constitution we find an absolute guaranty
+of protection for life, for liberty, and for property rights. That there
+is no man so lowly, that he cannot point to the Constitution as his shield
+from the acts of the tyrant, that he cannot point to his humble home as
+his "castle", and under the sacred guaranties of the Constitution defy all
+the unlawful force of the world.
+
+We must teach them that it guarantees the inviolability of contracts, that
+it prevents even a great State from taking the life or property of its
+humblest citizen without a trial under due process of law, that trial by
+jury is preserved, and that no man can be convicted of a crime without the
+privilege of being represented by counsel, and that no man can be
+compelled to be a witness against himself.
+
+We must recall to them the awful tragedies enacted in the days of old,
+where, under Star Chamber proceedings, men were deprived of their property
+and their lives upon charges of treason, which were never proven; and then
+we must point out to them the burning words of the Constitution, which
+provides that no man can be found guilty of treason without at least two
+witnesses to the overt act.
+
+We must impress upon them the great truth, that there is not now, and
+never has been, a system of government which can abolish sorrow, or
+sickness, or stay the hand of death. That no government can help men who
+will not help themselves; that there is no way in which any government can
+bring riches to the indolent, nor bread to those who will not toil. We
+must combat the false philosophy which assumes that all men are equal in
+all things, because men are not equal, except as under the Constitution
+they are equal before the law. No system of legislation and no method of
+government can equalize the strong with the weak, the wise with the
+simple, the good with the bad. While God gives to some men wisdom and
+shrewdness which others do not possess, while some are broad shouldered,
+with muscles of steel, and others are frail, and tremble as they walk,
+there will always be riches, there will always be poverty, and any scheme
+for equalizing the possessions of men is but an idle dream which never can
+be realized until men are made over into beings without passion or pride
+or ambition or selfishness. Do not let them feel that its provisions are
+intended to protect only the rich and powerful. If the right of a railway
+corporation to certain lands is sustained under some constitutional
+provision, do not allow the people to assume that this provision exists
+only for corporations, but impress upon them that the same constitutional
+provision which protects the railway company in its rights, may be invoked
+in defense of the little homestead out upon the prairies.
+
+If some desperado should be acquitted because he invoked the
+constitutional requirement that he upon his trial must be confronted by
+the witnesses against him, remind those who criticise that this same
+provision is made for their sons who may to-morrow be unjustly charged
+with a crime; impress upon them that it is impossible to have one law for
+the guilty, and another for the innocent; and that under our Constitution,
+every man is presumed to be innocent until proven to be guilty.
+
+Then impress upon the people something of the wonderful growth of the
+Nation, the development of the Nation, and the progress of the Nation--all
+under the wise protection of the Constitution. To those who may be
+discouraged in the battle of life, and who may attribute their failure to
+the injustice of social conditions, point out what other men have done
+under the same conditions, with no better opportunity, and ask them to
+ponder the question as to whether their failure is not to be attributed
+largely to their own lack of energy and determination.(117)
+
+And if they point out abuses which do exist, ask them to aid in
+eliminating these abuses. If half the energy which is exerted by earnest,
+but misguided people, in efforts to tear down our form of government, were
+honestly applied in an effort to remedy existing evils in a constitutional
+way, these people would show that they were patriots, and at the same time
+they would accomplish something for their country and their
+fellowmen.(118)
+
+_Too long have we been silent_ while the enemies of our country have
+poisoned the minds of youth, yea, and of manhood and womanhood, with the
+gospel of treason.
+
+Those who despise and condemn the Constitution have in the past ten years
+had more earnest students of their vicious doctrines than have those who
+uphold the Constitution and prize their liberties which the Constitution
+guards and protects.
+
+All over the land earnest men and women are endeavoring to teach the great
+truth of Americanism, and with substantial success; but those who
+understand human nature realize that the faith of our fathers can only be
+firmly established by lighting the fires of patriotism and loyalty in the
+hearts of our children. Through them the great truths of our National life
+can be brought into the homes of the land.
+
+And the Nation will never be safe until the Constitution is carried into
+the homes, until at every fireside young and old shall feel a new sense of
+security in the guaranties which are found in this great charter of human
+liberty, and a new feeling of gratitude for the blessings which it assures
+to this, and to all future generations.
+
+
+
+
+
+DECLARATION OF INDEPENDENCE
+
+
+When in the Course of human events, it becomes necessary for one people to
+dissolve the political bands which have connected them with another, and
+to assume among the Powers of the earth, the separate and equal station to
+which the Laws of Nature and of Nature's God entitle them, a decent
+respect to the opinions of mankind requires that they should declare the
+causes which impel them to the separation.
+
+We hold these truths to be self-evident, that all men are created equal,
+that they are endowed by their Creator with certain unalienable Rights,
+that among these are Life, Liberty and the pursuit of Happiness. That to
+secure these rights, Governments are instituted among Men, deriving their
+just powers from the consent of the governed. That whenever any form of
+Government becomes destructive of these ends, it is the Right of the
+People to alter or abolish it, and to institute new Government, laying its
+foundation on such principles and organizing its powers in such form, as
+to them shall seem most likely to effect their Safety and Happiness.
+Prudence, indeed, will dictate that Governments long established should
+not be changed for light and transient causes; and accordingly all
+experience hath shown, that mankind are more disposed to suffer, while
+evils are sufferable, than to right themselves by abolishing the forms to
+which they are accustomed. But when a long train of abuses and
+usurpations, pursuing invariably the same Object evinces a design to
+reduce them under absolute Despotism, it is their right, it is their duty,
+to throw off such Government, and to provide new Guards for their future
+security.--Such has been the patient sufferance of these Colonies; and such
+is now the necessity which constrains them to alter their former Systems
+of Government. The history of the present King of Great Britain is a
+history of repeated injuries and usurpations, all having in direct object
+the establishment of an absolute Tyranny over these States. To prove this,
+let Facts be submitted to a candid world.
+
+He has refused his Assent to Laws, the most wholesome and necessary for
+the public good.
+
+He has forbidden his Governors to pass Laws of immediate and pressing
+importance, unless suspended in their operation till his Assent should be
+obtained; and when so suspended, he has utterly neglected to attend to
+them.
+
+He has refused to pass other Laws for the accommodation of large districts
+of people, unless those people would relinquish the right of
+Representation in the Legislature, a right inestimable to them and
+formidable to tyrants only.
+
+He has called together legislative bodies at places unusual,
+uncomfortable, and distant from the depository of their Public Records,
+for the sole purpose of fatiguing them into compliance with his measures.
+
+He has dissolved Representative Houses repeatedly, for opposing with manly
+firmness his invasion on the rights of the people.
+
+He has refused for a long time, after such dissolutions, to cause others
+to be elected; whereby the Legislative Powers, incapable of Annihilation,
+have returned to the People at large for their exercise; the State
+remaining in the mean time exposed to all the dangers of invasion from
+without, and convulsions within.
+
+He has endeavoured to prevent the population of these States; for that
+purpose obstructing the Laws for Naturalization of Foreigners; refusing to
+pass others to encourage their migration hither, and raising the
+conditions of new Appropriations of Lands.
+
+He has obstructed the Administration of Justice, by refusing his Assent to
+Laws for establishing Judiciary Powers.
+
+He has made Judges dependent on his Will alone, for the tenure of their
+offices, and the amount and payment of their salaries.
+
+He has erected a multitude of New Offices, and sent hither swarms of
+officers to harass our People, and eat out their substance.
+
+He has kept among us, in times of peace, Standing Armies without the
+Consent of our legislature.
+
+He has affected to render the Military independent of and superior to the
+Civil Power.
+
+He has combined with others to subject us to a jurisdiction foreign to our
+constitution, and unacknowledged by our laws; giving his Assent to their
+Acts of pretended Legislation:
+
+For quartering large bodies of armed troops among us:
+
+For protecting them, by a mock Trial, from Punishment for any Murders
+which they should commit on the Inhabitants of these States:
+
+For cutting off our Trade with all parts of the world:
+
+For imposing taxes on us without our Consent:
+
+For depriving us in many cases, of the benefits of Trial by Jury:
+
+For transporting us beyond Seas to be tried for pretended offences:
+
+For abolishing the free System of English Laws in a neighbouring Province,
+establishing therein an Arbitrary government, and enlarging its Boundaries
+so as to render it at once an example and fit instrument for introducing
+the same absolute rule into these Colonies.
+
+For taking away our Charters, abolishing our most valuable Laws, and
+altering fundamentally the Forms of our Government:
+
+For suspending our own Legislatures, and declaring themselves invested
+with Power to legislate for us in all cases whatsoever.
+
+He has abdicated Government here, by declaring us out of his Protection
+and waging War against us.
+
+He has plundered our seas, ravaged our Coasts, burnt our towns, and
+destroyed the lives of our people.
+
+He is at this time transporting large armies of foreign mercenaries to
+compleat the works of death, desolation and tyranny, already begun with
+circumstances of Cruelty & perfidy scarcely parallel in the most barbarous
+ages, and totally unworthy the Head of a civilized nation.
+
+He has constrained our fellow Citizens taken Captive on the high Seas to
+bear Arms against their Country, to become the executioners of their
+friends and Brethren, or to fall themselves by their Hands.
+
+He has excited domestic insurrections amongst us, and has endeavoured to
+bring on the inhabitants of our frontiers, the merciless Indian Savages,
+whose known rule of warfare, is an undistinguished destruction of all
+ages, sexes and conditions.
+
+In every stage of these Oppressions We have Petitioned for Redress in the
+most humble terms: Our repeated Petitions have been answered only by
+repeated injury. A Prince, whose character is thus marked by every act
+which may define a Tyrant, is unfit to be the ruler of a free People.
+
+Nor have We been wanting in attention to our British brethren. We have
+warned them from time to time of attempts by their legislature to extend
+an unwarrantable jurisdiction over us. We have reminded them of the
+circumstances of our emigration and settlement here. We have appealed to
+their native justice and magnanimity, and we have conjured them by the
+ties of our common kindred to disavow these usurpations, which would
+inevitably interrupt our connections and correspondence. They too have
+been deaf to the voice of justice and of consanguinity. We must,
+therefore, acquiesce in the necessity, which denounces our Separation, and
+hold them, as we hold the rest of mankind, Enemies in War, in Peace
+Friends.
+
+We, therefore, the Representatives of the united States of America, in
+General Congress, Assembled, appealing to the Supreme Judge of the world
+for the rectitude of our intentions, do, in the Name, and by Authority of
+the good People of these Colonies, solemnly publish and declare, That
+these United Colonies are, and of Right ought to be Free and Independent
+States; that they are Absolved from all Allegiance to the British Crown,
+and that all political connection between them and the State of Great
+Britain, is and ought to be totally dissolved; and that as Free and
+Independent States, they have full Power to levy War, conclude Peace,
+contract Alliances, establish Commerce, and to do all other Acts and
+Things which Independent States may of right do. And for the support of
+this Declaration, with a firm reliance on the Protection of Divine
+Providence, we mutually pledge to each other our Lives, our Fortunes and
+our sacred Honor.
+
+
+
+
+
+CONSTITUTION OF THE UNITED STATES
+
+
+We the People of the United States, in Order to form a more perfect Union,
+establish Justice, insure domestic Tranquility, provide for the common
+defence, promote the general Welfare, and secure the Blessings of Liberty
+to ourselves and our Posterity, do ordain and establish this CONSTITUTION
+for the United States of America.
+
+ARTICLE I.
+
+Section 1. All legislative Powers herein granted shall be vested in a
+Congress of the United States, which shall consist of a Senate and House
+of Representatives.
+
+Section 2. The House of Representatives shall be composed of Members
+chosen every second Year by the People of the several States, and the
+Electors in each State shall have the Qualification requisite for Electors
+of the most numerous Branch of the State Legislature.
+
+No Person shall be a Representative who shall not have attained to the Age
+of twenty-five Years, and been seven Years a Citizen of the United States,
+and who shall not, when elected, be an Inhabitant of that State in which
+he shall be chosen.
+
+Representatives and direct Taxes shall be apportioned among the several
+States which may be included within this Union, according to their
+respective Numbers, which shall be determined by adding to the whole
+Number of free Persons, including those bound to Service for a Term of
+Years, and excluding Indians not taxed, three-fifths of all other Persons.
+The actual Enumeration shall be made within three Years after the first
+meeting of the Congress of the United States, and within every subsequent
+Term of ten Years, in such Manner as they shall by Law direct. The Number
+of Representatives shall not exceed one for every thirty Thousand, but
+each State shall have at Least one Representative; and until such
+enumeration shall be made, the State of New Hampshire shall be entitled to
+chuse three, Massachusetts eight, Rhode Island and Providence Plantations
+one, Connecticut five, New York six, New Jersey four, Pennsylvania eight,
+Delaware one, Maryland six, Virginia ten, North Carolina five, South
+Carolina five, and Georgia three.
+
+When vacancies happen in the Representation from any State, the Executive
+Authority thereof shall issue Writs of Election, to fill such Vacancies.
+
+The House of Representatives shall chuse their Speaker and other Officers;
+and shall have the sole Power of Impeachment.
+
+Section 3. The Senate of the United States shall be composed of two
+Senators from each State, chosen by the Legislatures thereof, for six
+Years; and each Senator shall have one Vote.
+
+Immediately after they shall be assembled in Consequence of the first
+Election, they shall be divided as equally as may be into three Classes.
+The Seats of the Senators of the first Class shall be vacated at the
+Expiration of the second Year, of the second Class at the Expiration of
+the fourth Year, and of the third Class at the Expiration of the sixth
+Year, so that one-third may be chosen every second Year; and if Vacancies
+happen by Resignation, or otherwise, during the Recess of the Legislature
+of any State, the Executive thereof may make temporary Appointments (until
+the next Meeting of the Legislature, which shall then fill such
+Vacancies).
+
+No Person shall be a Senator who shall not have attained to the Age of
+thirty Years, and been nine Years a Citizen of the United States, and who
+shall not, when elected, be an Inhabitant of that State for which he shall
+be chosen.
+
+The Vice President of the United States shall be President of the Senate,
+but shall have no Vote, unless they be equally divided.
+
+The Senate shall chuse their other Officers, and also a President pro
+tempore, in the absence of the Vice President, or when he shall exercise
+the Office of President of the United States.
+
+The Senate shall have the sole Power to try all Impeachments. When sitting
+for that Purpose, they shall be on Oath or Affirmation. When the President
+of the United States is tried, the Chief Justice shall preside: And no
+Person shall be convicted without the Concurrence of two-thirds of the
+Members present.
+
+Judgment in Cases of Impeachment shall not extend further than to removal
+from Office, and disqualification to hold and enjoy any Office of honor,
+Trust or Profit under the United States: but the Party convicted shall
+nevertheless be liable and subject to Indictment, Trial, Judgment and
+Punishment, according to Law.
+
+Section 4. The Times, Places and Manner of holding Elections for Senators
+and Representatives, shall be prescribed in each State by the Legislature
+thereof; but the Congress may at any time by Law make or alter such
+Regulations, except as to the Places of chusing Senators.
+
+The Congress shall assemble at least once in every Year, and such Meeting
+shall be on the first Monday in December, unless they shall by Law appoint
+a different Day.
+
+Section 5. Each House shall be the Judge of the Elections, Returns and
+Qualifications of its own Members, and a Majority of each shall constitute
+a Quorum to do Business; but a smaller Number may adjourn from day to day,
+and may be authorized to compel the Attendance of absent Members, in such
+Manner, and under such Penalties as each House may provide.
+
+Each House may determine the Rules of its Proceedings, punish its Members
+for disorderly Behavior, and, with the Concurrence of two-thirds, expel a
+Member.
+
+Each House shall keep a Journal of its Proceedings, and from time to time
+publish the same, excepting such Parts as may in their Judgment require
+Secrecy; and the Yeas and Nays of the Members of either House on any
+question shall, at the Desire of one-fifth of those Present, be entered on
+the Journal.
+
+Neither House, during the Session of Congress, shall, without the Consent
+of the other, adjourn for more than three days, nor to any other Place
+than that in which the two Houses shall be sitting.
+
+Section 6. The Senators and Representatives shall receive a Compensation
+for their Services, to be ascertained by Law, and paid out of the Treasury
+of the United States. They shall in all Cases, except Treason, Felony and
+Breach of the Peace, be privileged from Arrest during their Attendance at
+the Session of their respective Houses, and in going to and returning from
+the same; and for any Speech or Debate in either House, they shall not be
+questioned in any other Place.
+
+No Senator or Representative shall, during the Time for which he was
+elected, be appointed to any civil Office under the Authority of the
+United States, which shall have been created, or the Emoluments whereof
+shall have been increased during such time; and no Person holding any
+Office under the United States, shall be a Member of either House during
+his Continuance in Office.
+
+Section 7. All Bills for raising Revenue shall originate in the House of
+Representatives; but the Senate may propose or concur with Amendments as
+on other Bills.
+
+Every Bill which shall have passed the House of Representatives and the
+Senate, shall, before it become a Law, be presented to the President of
+the United States. If he approve he shall sign it, but if not, he shall
+return it, with his Objections to that House in which it shall have
+originated, who shall enter the Objections at large on their Journal, and
+proceed to reconsider it. If after such Reconsideration two thirds of that
+House shall agree to pass the Bill, it shall be sent, together with the
+Objections, to the other House, by which it shall likewise be
+reconsidered, and if approved by two thirds of that House, it shall become
+a Law. But in all such Cases the Votes of both Houses shall be determined
+by Yeas and Nays, and the Names of the Persons voting for and against the
+Bill shall be entered on the Journal of each House respectively. If any
+Bill shall not be returned by the President within ten Days (Sundays
+excepted) after it shall have been presented to him, the Same shall be a
+Law, in like Manner as if he had signed it, unless the Congress by their
+Adjournment prevent its Return, in which Case it shall not be a Law.
+
+Every Order, Resolution, or Vote to which the Concurrence of the Senate
+and House of Representatives may be necessary (except on a question of
+Adjournment) shall be presented to the President of the United States; and
+before the Same shall take Effect, shall be approved by him, or being
+disapproved by him, shall be repassed by two thirds of the Senate and
+House of Representatives, according to the Rules and Limitations
+prescribed in the Case of a Bill.
+
+Section 8. The Congress shall have Power to lay and collect Taxes, Duties,
+Imposts and Excises, to pay the Debts and provide for the common Defence
+and general Welfare of the United States; but all Duties, Imposts and
+Excises shall be uniform throughout the United States;
+
+To borrow money on the credit of the United States;
+
+To regulate Commerce with foreign Nations, and among the Several States,
+and with the Indian Tribes;
+
+To establish an uniform Rule of Naturalization, and uniform Laws on the
+subject of Bankruptcies throughout the United States;
+
+To coin Money, regulate the Value thereof, and of foreign Coin, and fix
+the Standard of Weights and Measures;
+
+To provide for the Punishment of counterfeiting the Securities and current
+Coin of the United States;
+
+To establish Post Offices and post Roads;
+
+To promote the Progress of Science and useful Arts, by securing for
+limited Times to Authors and Inventors the exclusive Right to their
+respective Writings and Discoveries;
+
+To constitute Tribunals inferior to the supreme Court;
+
+To define and punish Piracies and Felonies committed on the high Seas and
+Offences against the Law of Nations;
+
+To declare War, grant Letters of Marque and Reprisal, and make Rules
+concerning Captures on Land and Water;
+
+To raise and support Armies, but no Appropriation of Money to that Use
+shall be for a longer Term than two Years;
+
+To provide and maintain a Navy;
+
+To make Rules for the Government and Regulation of the land and naval
+Forces;
+
+To provide for calling forth the Militia to execute the Laws of the Union,
+suppress Insurrections and repel Invasions;
+
+To provide for organizing, arming, and disciplining the Militia, and for
+governing such Part of them as may be employed in the Service of the
+United States, reserving to the States respectively, the Appointment of
+the Officers, and the Authority of training the Militia according to the
+discipline prescribed by Congress;
+
+To exercise exclusive Legislation in all Cases whatsoever, over such
+District (not exceeding ten Miles square) as may, by Cession of particular
+States, and the acceptance of Congress, become the Seat of the Government
+of the United States, and to exercise like Authority over all Places
+purchased by the Consent of the Legislature of the State in which the Same
+shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards and
+other needful Buildings;--And
+
+To make all Laws which shall be necessary and proper for carrying into
+Execution the foregoing Powers, and all other Powers vested by this
+Constitution in the Government of the United States, or in any Department
+or Officer thereof.
+
+Section 9. The Migration or Importation of such Persons as any of the
+States now existing shall think proper to admit, shall not be prohibited
+by the Congress prior to the Year one thousand eight hundred and eight,
+but a tax or duty may be imposed on such Importation, not exceeding ten
+dollars for each Person.
+
+The Privilege of the Writ of Habeas Corpus shall not be suspended, unless
+when in Cases of Rebellion or Invasion the public Safety may require it.
+
+No Bill of Attainder or ex post facto Law shall be passed.
+
+No Capitation, or other direct Tax shall be laid, unless in Proportion to
+the Census or Enumeration herein before directed to be taken.
+
+No tax or Duty shall be laid on Articles exported from any State.
+
+No Preference shall be given by any Regulation of Commerce or Revenue to
+the Ports of one State over those of another; nor shall Vessels bound to,
+or from, one State, be obliged to enter, clear, or pay Duties in another.
+
+No Money shall be drawn from the Treasury, but in Consequence of
+Appropriations made by Law; and a regular Statement and Account of the
+Receipts and Expenditures of all Public Money shall be published from time
+to time.
+
+No Title of Nobility shall be granted by the United States: And no Person
+holding any Office of Profit or Trust under them, shall, without the
+Consent of the Congress, accept of any present, Emolument, Office, or
+Title, of any kind whatever, from any King, Prince, or Foreign State.
+
+Section 10. No State shall enter into any Treaty, Alliance, or
+Confederation; grant Letters of Marque and Reprisal; coin Money; emit
+Bills of Credit; make anything but gold and silver Coin a Tender in
+Payment of Debts; pass any Bill of Attainder, ex post facto law, or Law
+impairing the Obligation of Contracts, or grant any Title of Nobility.
+
+No State shall, without the Consent of the Congress, lay any Imposts or
+Duties on Imports or Exports, except what may be absolutely necessary for
+executing its inspection. Laws: and the net Produce of all Duties and
+Imposts, laid by any State on Imports or Exports, shall be for the Use of
+the Treasury of the United States; and all of such Laws shall be subject
+to the Revision and Control of the Congress.
+
+No State shall, without the Consent of Congress, lay any duty of Tonnage,
+keep Troops, or Ships of War in time of Peace, enter into any Agreement or
+Compact with another State, or with a foreign Power, or engage in War,
+unless actually invaded, or in such imminent Danger as will not admit of
+Delay.
+
+ARTICLE II.
+
+The executive Power shall be vested in a President of the United States of
+America. He shall hold his Office during the Term of Four Years, and,
+together with the Vice President, chosen for the same Term, be elected, as
+follows
+
+Each State shall appoint, in such Manner as the Legislature thereof may
+direct, a Number of Electors, equal to the whole Number of Senators and
+Representatives to which the State may be entitled in the Congress: but no
+Senator or Representative, or person holding an Office of Trust or Profit
+under the United States, shall be appointed as Elector.
+
+The Electors shall meet in their respective States, and vote by Ballot for
+two persons, of whom one at least shall not be an Inhabitant of the same
+State with themselves. And they shall make a List of all the Persons voted
+for, and of the Number of Votes for each; which List they shall sign and
+certify, and transmit sealed to the Seat of the Government of the United
+States, directed to the President of the Senate. The President of the
+Senate shall, in the Presence of the Senate and House of Representatives,
+open all the Certificates, and the Votes shall then be counted. The Person
+having the greatest Number of Votes shall be the President, if such Number
+be a Majority of the whole Number of Electors appointed; and if there be
+more than one who have such Majority, and have an equal Number of Votes,
+then the House of Representatives shall immediately chuse by Ballot one of
+them for President; and if no Person have a Majority, then from the five
+highest on the List the said House shall in like Manner chuse the
+President. But in chusing the President, the Votes shall be taken by
+States, the Representation from each State having one Vote; A quorum for
+this Purpose shall consist of a Member or Members from two-thirds of the
+States, and a Majority of all the States shall be necessary to a Choice.
+In every Case, After the Choice of the President, the Person having the
+greatest number of Votes of the Electors shall be the Vice President. But
+if there should remain two or more who have equal Votes, the Senate shall
+chuse from them by Ballot the Vice President.
+
+The Congress may determine the Time of chusing the Electors, and the Day
+on which they shall give their Votes; which Day shall be the same
+throughout the United States.
+
+No person except a natural born Citizen, or a Citizen of the United
+States, at the time of the Adoption of this Constitution, shall be
+eligible to the Office of President; neither shall any Person be eligible
+to that Office who shall not have attained the age of thirty-five years,
+and been fourteen Years a Resident within the United States.
+
+In Case of the Removal of the President from Office, or of his Death,
+Resignation or Inability to discharge the Powers and Duties of said
+Office, the Same shall devolve on the Vice President, and the Congress may
+by Law provide for the Case of Removal, Death, Resignations, or Inability,
+both of the President and Vice President, declaring what Officer shall
+then act as President, and such Officer shall act accordingly, until the
+Disability be removed, or a President shall be elected.
+
+The President shall, at stated Times, receive for his Services, a
+Compensation, which shall neither be increased nor diminished during the
+Period for which he shall have been elected, and he shall not receive
+within that Period any other Emolument from the United States, or any of
+them.
+
+Before he enter on the Execution of his Office, he shall take the
+following Oath or Affirmation:--"I do solemnly swear (or affirm) that I
+will faithfully execute the Office of President of the United States, and
+will to the best of my Ability, preserve, protect and defend the
+Constitution of the United States."
+
+Section 2. The President shall be Commander in Chief of the Army and Navy
+of the United States, and of the Militia of the several States, when
+called into the actual Service of the United States; he may require the
+Opinion, in writing, of the principal Officer in each of the executive
+Departments, upon any Subject relating to the Duties of their respective
+Offices, and he shall have Power to grant Reprieves and Pardons for
+Offences against the United States, except in Cases of Impeachment.
+
+He shall have Power, by and with the Advice and Consent of the Senate, to
+make Treaties, provided two thirds of the Senators present concur; and he
+shall nominate, and by and with the Advice and Consent of the Senate,
+shall appoint Ambassadors, other public Ministers and Consuls, Judges of
+the supreme Court, and all other Officers of the United States, whose
+Appointments are not herein otherwise provided for, and which shall be
+established by Law: but the Congress may by Law vest the Appointment of
+such inferior Officers, as they think proper, in the President alone, in
+the Courts of Law, or in the Heads of Departments.
+
+The President shall have Power to fill up all Vacancies that may happen
+during the recess of the Senate, by granting Commissions which shall
+expire at the End of their next Session.
+
+Section 3. He shall from time to time give to the Congress Information of
+the state of the Union, and recommend to their Consideration such Measures
+as he shall judge necessary and expedient; he may, on extraordinary
+Occasions, convene both Houses, or either of them, and in Case of
+Disagreement between them, with Respect to the Time of Adjournment, he may
+adjourn them to such Time as he shall think proper; he shall receive
+Ambassadors and other public Ministers; he shall take Care that the Laws
+be faithfully executed, and shall Commission all the Officers of the
+United States.
+
+Section 4. The President, Vice President and all civil Officers of the
+United States, shall be removed from Office on Impeachment for, and
+Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
+
+ARTICLE III.
+
+Section 1. The judicial Power of the United States shall be vested in one
+supreme Court, and in such inferior Courts as the Congress may from time
+to time ordain and establish. The Judges, both of the supreme and inferior
+Courts, shall hold their Offices during good Behaviour, and shall, at
+stated Times, receive for their Services, a Compensation which shall not
+be diminished during their Continuance in Office.
+
+Section 2. The judicial Power shall extend to all Cases, in Law and
+Equity, arising under this Constitution, the Laws of the United States,
+and Treaties made, or which shall be made, under their Authority;--to all
+Cases affecting Ambassadors, other public Ministers and Consuls;--to all
+Cases of admiralty and maritime Jurisdiction;--to Controversies to which
+the United States, shall be a party;--to Controversies between two or more
+States;--between a State and Citizens of another State;--between Citizens of
+different States;--between Citizens of the same State claiming Lands under
+Grants of different States, and between a State, or the Citizens thereof,
+and foreign States, Citizens or Subjects.
+
+In all Cases affecting Ambassadors, other public Ministers and Consuls,
+and those in which a State shall be a Party, the supreme Court shall have
+original Jurisdiction. In all the other Cases before mentioned, the
+supreme Court shall have appellate Jurisdiction, both as to Law and Fact,
+with such Exceptions, and under such Regulations as the Congress shall
+make.
+
+The trial of all Crimes, except in Cases of Impeachment, shall be by Jury,
+and such Trial shall be held in the State where the said Crimes shall have
+been committed; but when not committed within any State, the Trial shall
+be at such Place or Places as the Congress may by Law have directed.
+
+Section 3. Treason against the United States, shall consist only in
+levying War against them, or in adhering to their Enemies, giving them Aid
+and Comfort. No person shall be convicted of Treason unless on the
+Testimony of two Witnesses to the same overt Act, or on Confession in open
+Court.
+
+The Congress shall have power to declare the Punishment of Treason, but no
+Attainder of Treason shall work Corruption of Blood, or Forfeiture except
+during the Life of the Person attainted.
+
+ARTICLE IV.
+
+Section 1. Full Faith and Credit shall be given in each State to the
+public Acts, Records and judicial Proceedings of every other State. And
+the Congress may by general Laws prescribe the Manner in which such Acts,
+Records and Proceedings shall be proved, and the Effect thereon.
+
+Section 2. The Citizens of each State shall be entitled to all Privileges
+and Immunities of Citizens in the several States.
+
+A Person charged in any State with Treason, Felony, or other Crime, who
+shall flee from Justice, and be found in another State, shall on demand of
+the executive Authority of the State from which he fled, be delivered up,
+to be removed to the State having Jurisdiction of the Crime.
+
+No Person held to Service or Labour in one State, under the Laws thereof,
+escaping into another, shall, in Consequence of any Law or Regulation
+therein, be discharged from such service or Labour, but shall be delivered
+up on Claim of the Party to whom such Service or Labour may be due.
+
+Section 8. New States may be admitted by the Congress into this Union; but
+no new State shall be formed or erected within the Jurisdiction of any
+other State; nor any State be formed by the Junction of two or more
+States, or parts of States, without the Consent of the Legislatures of the
+States concerned as well as of the Congress.
+
+The Congress shall have Power to dispose of and make all needful Rules and
+Regulations respecting the Territory or other property belonging to the
+United States; and nothing in this Constitution shall be so construed as
+to Prejudice any Claims of the United States, or of any particular State.
+
+Section 4. The United States shall guarantee to every State in this Union
+a Republican Form of Government, and shall protect each of them against
+invasion; and on Application of the Legislature, or of the Executive (when
+the Legislature cannot be convened) against domestic Violence.
+
+ARTICLE V.
+
+The Congress, whenever two thirds of both Houses shall deem it necessary,
+shall propose Amendments to this Constitution, or, on the Application of
+the Legislatures of two thirds of the several States, shall call a
+Convention for proposing Amendments, which, in either Case, shall be valid
+to all Intents and Purposes, as Part of this Constitution, when ratified
+by the Legislatures of three-fourths of the several States, or by
+Conventions in three-fourths thereof, as the one or the other Mode of
+Ratification may be proposed by the Congress; Provided that no Amendment
+which may be made prior to the Year One thousand eight hundred and eight
+shall in any Manner affect the first and fourth Clauses in the Ninth
+Section of the first Article; and that no State, without its Consent,
+shall be deprived of its equal Suffrage in the Senate.
+
+ARTICLE VI.
+
+All Debts contracted and Engagements entered into, before the Adoption of
+this Constitution, shall be as valid against the United States under this
+Constitution, as under the Confederation.
+
+This Constitution, and the Laws of the United States which shall be made
+in Pursuance thereof; and all Treaties made, or which shall be made, under
+the Authority of the United States, shall be the supreme Law of the Land;
+and the Judges in every State shall be bound thereby, any Thing in the
+Constitution or Laws of any State to the Contrary notwithstanding.
+
+The Senators and Representatives before mentioned, and the Members of the
+several State Legislatures, and all executive and judicial Officers, both
+of the United States and of the several States, shall be bound by Oath or
+Affirmation, to support this Constitution; but no religious Test shall
+ever be required as a Qualification to any Office or public Trust under
+the United States.
+
+ARTICLE VII.
+
+The Ratification of the Conventions of nine States shall be sufficient for
+the Establishment of this Constitution between the States so ratifying the
+Same.
+
+DONE in Convention by the Unanimous Consent of the States present the
+Seventeenth Day of September in the Year of our Lord one thousand seven
+hundred and Eighty seven, and of the Independence of the United States of
+America the Twelfth. In Witness whereof We have hereunto subscribed our
+Names,
+
+Go. Washington
+
+Presidt. and Deputy from Virginia
+
+
+
+
+
+ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITUTION OF THE UNITED
+STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES
+OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL
+CONSTITUTION
+
+
+ARTICLE I.
+
+Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof; or abridging the freedom of speech,
+or of the press; or the right of the people peaceably to assemble, and to
+petition the Government for a redress of grievances.
+
+ARTICLE II.
+
+A well regulated Militia, being necessary to the security of a free State,
+the right of the people to keep and bear Arms, shall not be infringed.
+
+ARTICLE III.
+
+No Soldier shall, in time of peace, be quartered in any house, without the
+consent of the Owner, nor in time of war, but in a manner to be prescribed
+by law.
+
+ARTICLE IV.
+
+The right of the people to be secure in their persons, houses, papers, and
+effects, against unreasonable searches and seizures, shall not be
+violated, and no Warrants shall issue, but upon probable cause, supported
+by Oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized.
+
+ARTICLE V.
+
+No person shall be held to answer for a capital, or otherwise infamous
+crime, unless on a presentment or indictment of a Grand Jury, except in
+cases arising in the land or naval forces, or in the Militia, when in
+actual service in time of War or public danger; nor shall any person be
+subject for the same offence to be twice put in jeopardy of life or limb;
+nor shall be compelled in any criminal case to be a witness against
+himself, nor be deprived of life, liberty, or property, without due
+process of law; nor shall private property be taken for public use,
+without just compensation.
+
+ARTICLE VI.
+
+In all criminal prosecutions, the accused shall enjoy the right to a
+speedy and public trial, by an impartial jury, of the State and district
+wherein the crime shall have been committed, which district shall have
+been previously ascertained by law, and to be informed of the nature and
+cause of the accusation; to be confronted with the witnesses against him;
+to have compulsory process for obtaining witnesses in his favor, and to
+have the Assistance of Counsel for his defence.
+
+ARTICLE VII.
+
+In suits at common law, where the value in controversy shall exceed twenty
+dollars, the right of trial by jury shall be preserved, and no fact tried
+by a jury shall be otherwise re-examined in any Court of the United
+States, than according to the rules of the common law.
+
+ARTICLE VIII.
+
+Excessive bail shall not be required, nor excessive fines imposed, nor
+cruel and unusual punishments inflicted.
+
+ARTICLE IX.
+
+The enumeration in the Constitution, of certain rights, shall not be
+construed to deny or disparage others retained by the people.
+
+ARTICLE X.
+
+The powers not delegated to the United States by the Constitution, nor
+prohibited by it to the States, are reserved to the States respectively,
+or to the people.
+
+ARTICLE XI.
+
+The Judicial power of the United States shall not be construed to extend
+to any suit in law or equity, commenced or prosecuted against one of the
+United States by Citizens of another State, or by Citizens or Subjects of
+any Foreign State.
+
+ARTICLE XII.
+
+The Electors shall meet in their respective states and vote by ballot for
+President and Vice-President, one of whom, at least, shall not be an
+inhabitant of the same state with themselves; they shall name in their
+ballots the person voted for as President, and in distinct ballots the
+person voted for as Vice-President, and they shall make distinct lists of
+all persons voted for as President, and of all persons voted for as
+Vice-President, and of the number of votes for each, which lists they
+shall sign and certify, and transmit sealed to the seat of the government
+of the United States, directed to the President of the Senate;--The
+President of the Senate shall, in presence of the Senate and House of
+Representatives, open all the certificates and the votes shall then be
+counted;--The person having the greatest number of votes for President,
+shall be the President, if such number be a majority of the whole number
+of Electors appointed; and if no person have such majority, then from the
+persons having the highest numbers not exceeding three on the list of
+those voted for as President, the House of Representatives shall choose
+immediately, by ballot, the President. But in choosing the President, the
+votes shall be taken by states, the representation from each state having
+one vote; a quorum for this purpose shall consist of a member or members
+from two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. And if the House of Representatives shall not
+choose a President whenever the right of choice shall devolve upon them,
+before the fourth day of March next following, then the Vice-President
+shall act as President, as in the case of the death or other
+constitutional disability of the President.--The person having the greatest
+number of votes as Vice-President, shall be the Vice-President, if such
+number be a majority of the whole number of Electors appointed, and if no
+person have a majority, then from the two highest numbers on the list, the
+Senate shall choose the Vice-President; a quorum for the purpose shall
+consist of two-thirds of the whole number of Senators, and a majority of
+the whole number shall be necessary to a choice. But no person
+constitutionally ineligible to the office of President shall be eligible
+to that of Vice-President of the United States.
+
+ARTICLE XIII.
+
+Section 1. Neither slavery nor involuntary servitude, except as a
+punishment for crime whereof the party shall have been duly convicted,
+shall exist within the United States, or any place subject to their
+jurisdiction.
+
+Section 2. Congress shall have power to enforce this article by
+appropriate legislation.
+
+ARTICLE XIV.
+
+Section 1. All persons born or naturalized in the United States, and
+subject to the jurisdiction thereof, are citizens of the United States and
+of the State wherein they reside. No State shall make or enforce any law
+which shall abridge the privileges or immunities of citizens of the United
+States; nor shall any State deprive any person of life, liberty, or
+property, without due process of law; nor deny to any person within its
+jurisdiction the equal protection of the laws.
+
+Section 2. Representatives shall be apportioned among the several States
+according to their respective numbers, counting the whole number of
+persons in each State, excluding Indians not taxed. But when the right to
+vote at any election for the choice of electors for President and
+Vice-President of the United States, Representatives in Congress, the
+Executive and Judicial officers of a State, or the members of the
+Legislature thereof, is denied to any of the male inhabitants of such
+State, being twenty-one years of age, and citizens of the United States,
+or in any way abridged, except for participation in rebellion, or other
+crime, the basis of representation therein shall be reduced in the
+proportion which the number of such male citizens shall bear to the whole
+number of male citizens twenty-one years of age in such State.
+
+Section 3. No person shall be a Senator or Representative in Congress, or
+elector of President and Vice-President, or hold any office, civil or
+military, under the United States, or under any State, who, having
+previously taken an oath, as a member of Congress, or as an officer of the
+United States, or as a member of any State Legislature, or as an executive
+or judicial officer of any State, to support the Constitution of the
+United States, shall have engaged in insurrection or rebellion against the
+same, or given aid or comfort to the enemies thereof. But Congress may, by
+a vote of two-thirds of each House, remove such disability.
+
+Section 4. The validity of the public debt of the United States,
+authorized by law, including debts incurred for payment of pensions and
+bounties for services in suppressing insurrection or rebellion, shall not
+be questioned. But neither the United States nor any other State shall
+assume to pay any debt or obligation incurred in aid of insurrection or
+rebellion against the United States, or any claim for the loss or
+emancipation of any slave; but all such debts, obligations and claims
+shall be held illegal and void.
+
+Section 5. The Congress shall have power to enforce, by appropriate
+legislation, the provisions of this article.
+
+ARTICLE XV
+
+Section 1. The right of citizens of the United States to vote shall not be
+denied or abridged by the United States or by any State on account of
+race, color, or previous condition of servitude.
+
+Section 2. The Congress shall have power to enforce this article by
+appropriate legislation.
+
+ARTICLE XVI
+
+The Congress shall have power to lay and collect taxes on incomes, from
+whatever source derived, without apportionment among the several States,
+and without regard to any census or enumeration.
+
+ARTICLE XVII
+
+The Senate of the United States shall be composed of two Senators from
+each State, elected by the people thereof, for six years; and each Senator
+shall have one vote. The electors in each State shall have the
+qualifications requisite for electors of the most numerous branch of the
+State legislatures.
+
+When vacancies happen in the representation of any State in the Senate,
+the executive authority of such State shall issue writs of election to
+fill such vacancies: Provided, That the legislature of any State may
+empower the executive thereof to make temporary appointment until the
+people fill the vacancies by election as the legislature may direct.
+
+This amendment shall not be so construed as to affect the election or term
+of any Senator chosen before it becomes valid as part of the Constitution.
+
+ARTICLE XVIII
+
+Section 1. After one year from the ratification of this article the
+manufacture, sale, or transportation of intoxicating liquors within, the
+importation thereof into, or the exportation thereof from the United
+States and all territory subject to the jurisdiction thereof for beverages
+purposes is hereby prohibited.
+
+Section 2. The Congress and the several States shall have concurrent power
+to enforce this article by appropriate legislation.
+
+Section 3. This article shall be inoperative unless it shall have been
+ratified as an amendment to the Constitution by the legislatures of the
+several States, as provided in the Constitution, within seven years from
+the date of the submission hereof to the States by the Congress.
+
+ARTICLE XIX
+
+The right of citizens of the United States to vote shall not be denied or
+abridged by the United States or by any State on account of sex.
+
+Congress shall have power to enforce this article by appropriate
+legislation.
+
+
+
+
+
+
+FOOTNOTES
+
+
+    1 Boys and girls often do not realize the value of an education as a
+      preparation for success in life. The following figures from an
+      educational authority show what education does for a boy or a girl.
+
+      (a) Less than three per cent of the people of the United States have
+      a college education, but this three per cent furnishes fifty-nine
+      per cent of the men and women called successful. Fourteen per cent
+      come from those having had some college training. This shows that
+      nearly three-fourths of all men and women in the United States
+      called successful have had some college training.
+
+      (b) During the past ten years Massachusetts has given all her
+      children a minimum of seven years of schooling, while Tennessee has
+      given her children but three years. The Massachusetts citizens
+      produce per capita $260 per year, while the Tennessee citizens
+      produce per capita $116 per year.
+
+      (c) Of the fifty-five members attending the Federal convention that
+      made the Constitution of the United States in 1787, thirty had
+      attended college, and twenty-six had college degrees. Of the forty
+      State officers in Iowa in 1918, thirty were college graduates, seven
+      were graduates of high schools, and only three had less than a high
+      school education.
+
+      (d) The child with no schooling has one chance in 150,000 of
+      performing distinguished services; with elementary education he has
+      four times the chance; with high school education he has
+      eighty-seven times the chance; with college education he has eight
+      hundred times the chance.
+
+      (e) Every boy and every girl should stick to his school work until
+      he at least graduates from a fully accredited high school.
+
+    2 "Law can do nothing without morals."--Benjamin Franklin.
+
+      "Through the whole of life and the whole system of duties, much the
+      strongest moral obligations are such as were never the results of
+      our option."--Edmund Burke.
+
+      "To do evil that good may come of it, is for the bungler in politics
+      as well as in morals."--Benjamin Franklin.
+
+      "Duty is not collective; it is personal."--Calvin Coolidge.
+
+    3 "Ignorance of the law excuses no man."--Selected.
+
+      "Knowledge is in every country the surest basis of public
+      happiness."--George Washington.
+
+    4 "The thorough education of all classes of people is the most
+      efficacious means of promoting the prosperity of the Nation. The
+      material interests of its citizens, as well as their moral and
+      intellectual culture, depend upon its accomplishment."--Robert E.
+      Lee.
+
+      "In a Republic education is indispensable. A Republic without
+      education is like the creature of imagination, a human being without
+      a soul, living and moving blindly, with no just sense of the present
+      or the future."--Charles Sumner.
+
+      "Without popular education, no government which rests upon popular
+      action can long endure. The people must be schooled in the
+      knowledge, and if possible in the virtues, upon which the
+      maintenance and success of free institutions depend."--Woodrow
+      Wilson.
+
+    5 "Where the State has bestowed education, the man who accepts it must
+      be content to accept it merely as charity, unless he returns it to
+      the State in full in the shape of good citizenship."--Theodore
+      Roosevelt.
+
+    6 "_Government_--_Liberty_--_Authority_--_Law_--the man or the woman who
+      fails to appreciate the true meaning of these terms, lacks the
+      training necessary to be a good citizen in a Republic."--Abraham
+      Lincoln.
+
+      "We need more of the office desk and less of the show-window in
+      politics. Let men in office substitute the midnight oil for the
+      lime-light."--Calvin Coolidge.
+
+    7 "Government is the aggregate of authorities which rule a society."
+
+      "Government is that institution or aggregate of institutions by
+      which society makes and carries out those rules of action which are
+      necessary to enable men to live in a social state, or which are
+      imposed upon the people forming that society by those who possess
+      the power or authority of prescribing them."--Bouvier's _Law
+      Dictionary_, Vol. I, p. 891.
+
+    8 Government is the organized means and power that a State or Nation
+      employs for the purpose of securing the rights of the people, and of
+      perpetuating its own existence.
+
+      The real aim and purpose is well stated in the preamble to our
+      Constitution when it says: "to form a more perfect Union, establish
+      Justice, insure domestic Tranquility, provide for the common
+      Defence, promote the general Welfare, and secure the blessings of
+      Liberty to ourselves and our Posterity".
+
+      Government can never rise higher than the ideals of the people who
+      compose the government. Good governments are the products of good
+      people. Good governments can only exist where the people are
+      intelligent and upright in character, and where each citizen is
+      willing to guard the rights and privileges of others as well as
+      those of himself.
+
+      "This government _of the people_, _by the people_, and _for the
+      people_, shall not perish from the earth."--Abraham Lincoln.
+
+    9 The object of government is to protect the citizens of a country and
+      to promote their general welfare, and it is composed of the
+      officials who care for the public interests of the citizens.
+
+      Under republican government, the weakest citizen enjoys the same
+      rights and privileges as do the strongest citizens, the poorest have
+      the same protection given to the richest, the most humble man or
+      woman has a chance to become the head of his or her government and
+      to lead the Nation among the most powerful Nations in the world.
+
+      "Brains and character rule the world. There were scores of men a
+      hundred years ago who had more intellect than Washington. He
+      outlives and overrides them all by the influence of his
+      character."--Wendell Phillips.
+
+      "The true greatness of nations is in those qualities which
+      constitute the greatness of the individual."--Charles Sumner.
+
+   10 "There is always hope in a man that actually and honestly works. In
+      idleness alone is there perpetual despair."--Thomas Carlyle.
+
+      "He that hath a trade hath an estate, and he that hath a calling
+      hath an office of profit and honor."--Benjamin Franklin.
+
+      "If you have the great talents, industry will improve them; if
+      moderate abilities, industry will supply their deficiencies."--Joshua
+      Reynolds.
+
+      "Other nations have received their laws from conquerors; some are
+      indebted for a constitution to the suffering of their ancestors
+      through revolving centuries. The people of this country, alone, have
+      formally and deliberately chosen a government for themselves, and
+      with open and uninfluenced consent bound themselves into a social
+      compact. Here no man proclaims his birth or wealth as a title to
+      honorable distinction, or to sanctify ignorance and vice with the
+      name of hereditary authority. He who has most zeal and ability to
+      promote public felicity, let him be the servant of the public."--John
+      Adams.
+
+      "The basis of our political system is the right of the people to
+      make or alter their constitution of government."--George Washington.
+
+      "Let us then, fellow citizens, unite with one heart and one mind and
+      labor for the welfare of the country."--Thomas Jefferson.
+
+      "The Declaration of Independence and the Constitution of the United
+      States are parts of one consistent whole, founded upon one and the
+      same theory of government,--that the people are the only legitimate
+      source of power, and that all just powers of government are derived
+      from the consent of the governed."--John Quincy Adams.
+
+   11 This description almost perfectly fits the making of the Mayflower
+      Compact in the cabin of the ship Mayflower on November 11, 1620.
+      Those Pilgrim Fathers drew up an agreement which was the first
+      attempt at a written constitution in the New World. The Fundamental
+      Orders of Connecticut, of 1638, are generally conceded to be the
+      oldest real constitution in America.
+
+   12 When Jefferson wrote "all men are created equal", he did not mean
+      that all infant children have equal capacities for learning or
+      accomplishment, but that all children ought to be given equal
+      opportunities by the government of a republic. He meant that in a
+      republic all children, whether rich or poor, whether of the
+      aristocracy or of the common people, had great opportunities to be
+      good and great men and women. He meant that a poor boy born in the
+      Kentucky mountains and a rail splitter in the woods of Illinois had
+      the opportunity to become President of the United States.
+
+      "The Declaration of Independence was not a mere temporary expedient,
+      but is an enunciation of fundamental truths intended for all
+      time."--William J. Bryan.
+
+      "Fourscore and seven years ago our fathers brought forth upon this
+      continent a new nation, _conceived in liberty_, and dedicated to the
+      proposition that all men are created equal."--Abraham Lincoln.
+
+      "Where slavery is, there _liberty_ cannot be and where _liberty_ is,
+      slavery cannot be."--Abraham Lincoln.
+
+      "Respect for its (the government's) authority, compliance with its
+      laws, acquiesence in its measures, are duties enjoined by the
+      fundamental maxims of true Liberty."--George Washington.
+
+      "Liberty--on its positive side, denotes the fulness of individual
+      existence; on its negative side it denotes the necessary restraint
+      on all, which is needed to promote the greatest possible amount of
+      liberty for each."--Bouvier's _Law Dictionary_, Vol. I. p. 217.
+
+   13 "Other nations have received their laws from conquerors; some are
+      indebted for a constitution to the sufferings of their ancestors
+      through revolving centuries. The people of this country, alone have
+      formally and deliberately chosen a government for themselves, and
+      with open and uninfluenced consent bound themselves into a social
+      compact. Here no man proclaims his birth or wealth as a title to
+      honorable distinction, or to sanctify ignorance and vice with the
+      name of hereditary authority."--John Adams.
+
+   14 "Liberty means freedom in the enjoyment of all one's faculties in
+      all lawful ways, the liberty to earn a livelihood by any lawful
+      calling, the liberty to live and work where one wills."--_Allgeyer
+      vs. Louisiana, 165 U. S. 578._
+
+   15 "Civil liberty is the liberty belonging to men in organized society.
+      It is liberty defined, regulated and protected by positive law of
+      the State or recognized as existing under customary
+      law."--_Cyclopedia of American Government_, Vol. II, p. 347.
+
+      The American people are a peculiar people. They are peculiar in
+      their origin, peculiar in their make-up, and due to their
+      sufferings, their persecutions, and their enduring perseverance,
+      they are still a peculiar people. From the first white man to steer
+      his little wooden ship westward across the great Atlantic ocean to
+      the latest arrival among the most recent immigrants, the people
+      coming to America have been different from those people remaining in
+      their European homes. The conditions surrounding the lives of those
+      people in Europe who left their homes and first settled in America
+      were not materially different from the conditions surrounding the
+      lives of thousands of other people who were satisfied and content to
+      remain on their European shores. Many men thought the earth was
+      round long before Christopher Columbus sailed away from that little
+      seaport town in Spain to test his own ideas of finding a shorter
+      route to India. Many people believed in religious liberty long
+      before the Pilgrims and Puritans landed on the bleak New England
+      shores and suffered the hardships of first settlers in a new country
+      in order to worship God as they pleased. Many people seriously and
+      intelligently doubted the divine right of kings, and believed in the
+      rights of the people to govern themselves long before the American
+      colonists adopted the Declaration of Independence. But it was left
+      for these people--these coming Americans--to demonstrate to all the
+      world that America was to be peopled by men and women of different
+      ideals, different hopes, and different ambitions from all the other
+      nations of the world.
+
+   16 A pure democracy would be that form of government in which all
+      people of the age of twenty-one years could actually take part in
+      making the laws and administering the government. A country would
+      need be very small indeed, if _all_ the people above twenty-one
+      years of age could assemble in any one place and organize and
+      conduct a meeting in which _all_ could take part in law-making. No
+      building would be large enough to accommodate all the people and
+      even if all the people assembled out of doors, the number would be
+      so large that those standing or sitting near the outer edge of the
+      assembly would be so far from the speaker that they could not hear
+      what he said when he spoke to them. A pure democracy is a physical
+      impossibility. The nearest form of government to a pure democracy is
+      a representative democracy, or one in which groups of people choose
+      one or more persons to represent them. Then these representatives
+      make laws and carry on the government in the name of all the people
+      whom they represent. Therefore a democracy is that form of
+      government in which all people have equal opportunities, and in
+      which all may take part in the government through their chosen
+      representatives.
+
+      "No matter how widely democracy may be extended, if it is not
+      accompanied by a certain equality of opportunity among the members
+      of the political society, it is not democracy."--_Cyclopedia of
+      American Government_, Vol. I, p. 561.
+
+      "Democracy is that form of government in which the people rule. The
+      basis of democracy is equality, as that of the aristocracy is
+      privilege."--Bouvier's _Law Dictionary_, Vol. I, p. 540.
+
+      "The beginnings of democracy were best observed in the townships of
+      New England, where the Puritans from England settled and organized
+      towns which were centers of democracy."--Peter Roberts.
+
+      In an absolute monarchy, the ruler is supreme; in a limited
+      monarchy, the parliament or congress sets a limit to the powers of
+      the ruler; in a democracy, the people rule.
+
+      "It is almost impossible that all the people will exactly agree on
+      any proposition, either political or social. Therefore the rule of
+      government in a democracy is, that all the people shall accept and
+      obey those laws and regulations that are pleasing to the majority."
+
+      "The basis of our political system is the right of the _people_ to
+      make or alter their constitution of government."--George Washington.
+
+      "No man is good enough to govern another man without that other
+      man's consent."--Abraham Lincoln.
+
+      "This country, with all its institutions, belongs to the people who
+      inhabit it."--Abraham Lincoln.
+
+      "I believe that the American people accept, as one just definition
+      of democracy, Napoleon's phrase, 'Every career is open to
+      talent'."--Charles William Eliot.
+
+      Lincoln defined a democracy as "A government of the people, by the
+      people, and for the people".
+
+   17 "A Republic may be defined as a state in which the sovereign power
+      rests in the people as a whole but is exercised by representatives
+      chosen by a popular vote."--_Cyclopedia of American Government_, Vol.
+      III, p. 188.
+
+      "A Republic, in the modern sense of the term, is a government which
+      derives all its powers directly, or indirectly, from the great body
+      of the people, i. e. the majority--and is administered by persons
+      holding their offices for a limited period."--_Cyclopedia of American
+      Government_, Vol. III, p. 188.
+
+      "Republican government is a government of the people; a government
+      by representatives chosen by the people."--Bouvier's _Law
+      Dictionary_.
+
+      The Constitution of the United States in Art. IV, Sec. 4 guarantees
+      to every State a republican form of government, but it does not
+      define what is republican government. It is generally assumed that
+      if for any reason the representative government of a State should be
+      destroyed or temporarily set aside, it would be the duty of the
+      Federal government, acting through the President as chief executive,
+      to use whatever force was necessary (including the army and navy) to
+      overcome such agency and to restore to the people of that State its
+      former representative government.
+
+      "It is left to Congress to decide what constitutes a republican form
+      of government, and Congress also has the right to say which
+      government in a state is the legal government. This necessarily
+      follows because before Congress can decide whether the government is
+      Republican it must decide which government is in force."--_Luther vs.
+      Borden, 7 Howard 1._
+
+      "It is Congress and not the President who decides what is Republican
+      government in a state."--_Martin vs. Mott, 12 Wheaton 19._
+
+   18 "It may well be contended that a republican form of government
+      necessarily involves the exercise of powers of government by
+      representative officers and bodies, and the distribution of powers
+      of government among distinct and independent departments."--McClain's
+      _Constitutional Law_, p. 10.
+
+_   19 Initiative_ means the right of the people to initiate or commence
+      the process of lawmaking. It is done by circulating a petition
+      asking that a certain provision be enacted into law. If the petition
+      receives the signatures of a certain percentage of qualified voters,
+      the legislature is required to enact the provision into law, or
+      submit it to the voters to determine whether it shall become law.
+
+      _Referendum_ means that the qualified voters through the process of
+      balloting may determine whether a measure proposed either through
+      the action of the legislature, or through the initiative, shall
+      become law.
+
+      _Recall_ is the method by which the qualified voters may remove an
+      undesirable officer from office before the expiration of his term.
+      It is done through a petition requiring a certain percentage of
+      signers from among the qualified voters. If the petition is
+      sufficient an election is called at which time the officer may
+      appear for continuation in office and others may appear as
+      candidates for that office. The one receiving the largest vote is
+      duly chosen.
+
+   20 Children who attend the public school are subject to the law as well
+      as are grown people who work in factories or on farms. The teacher
+      must have rules and regulations governing the conduct of pupils in
+      school. These are laws which the children must obey. If a pupil
+      insists on disturbing other pupils or talking out loud--such may be a
+      violation of the rules governing a good school and the pupil may be
+      punished for such violation.
+
+   21 Law has been defined as: "The aggregate of those laws and principles
+      of conduct which the governing power in a community recognizes as
+      the rules and principles which it will enforce or sanction, and
+      according to which it will regulate, limit, or protect the conduct
+      of its members."--Bouvier's _Law Dictionary_, Vol. II, p. 144.
+
+      "Law consists of the rules and methods by which society compels or
+      restrains the actions of its members."
+
+      In the legal sense--A law is a rule which the courts will enforce.
+      The courts will not enforce all rules, and therefore there are many
+      rules which are not law in the legal sense.
+
+      "Law _might_ be defined as the aggregate of those rules and
+      principles promulgated by legislative authority or established by
+      local custom, and our laws are the resultant derived from a
+      combination of the divine or moral laws, the laws of nature and
+      human experience, as such resultant has been evolved by human
+      intellect, influenced by the virtue of the ages."--_Words and
+      Phrases_, p. 33.
+
+      "Law has her seat in the bosom of God; her voice in the harmony of
+      the world."--Hooker.
+
+      "Laws are the very bulwark of liberty. They define every man's
+      rights, and stand between and defend individual liberties of
+      all."--J. G. Holland.
+
+      "Laws exist in vain for those who do not have the courage and the
+      means to defend them."--Thomas B. Macauley.
+
+      "Laws, written, if not on stone tablets, yet on the azure of
+      infinitude, in the inner heart of God's creation, certain as life,
+      certain as death, are they, and thou shalt not disobey them."--Thomas
+      Carlyle.
+
+      "A rule of civil conduct prescribed by the supreme power in a
+      state."--Bouvier's _Law Dictionary_.
+
+   22 Laws and rules are statements of what has been agreed upon as proper
+      conduct among persons who associate together. A person living on a
+      lonely island in the ocean with no other person near would not need
+      law. But as soon as two persons share the island and its fruits and
+      animals and plants, then certain rules need be set up for the
+      protection of each against the other. Where people are most closely
+      associated, we need the greatest number of rules or laws. People
+      living in large cities must more often need law than do those living
+      in rural districts.
+
+   23 A person may drive an automobile at twenty miles per hour on a
+      country road with perfect safety, but twenty miles per hour in a
+      crowded city would be positively dangerous to people crossing the
+      streets. Therefore the speed limit of five or perhaps ten miles per
+      hour in cities.
+
+   24 People have as much right to walk on the sidewalks of the town or
+      city as do other people to drive teams and wagons or automobiles on
+      the streets. Each must obey the traffic laws. At crossings their
+      rights of passage conflict, therefore each must be on the look-out
+      when crossing the street. The law provides street crossings,
+      therefore footmen must not "cut the crossings" but go the directed
+      way.
+
+   25 When election time comes each year, or every two years, those who
+      are qualified to vote ought by all means give careful consideration
+      to the candidates for office and to the issues that constitute the
+      campaign. It requires good men to make good laws. Good men are only
+      chosen to office when good people interest themselves in the
+      candidates and attend the elections and cast intelligent votes. Good
+      laws are properly enforced only when good men are chosen to office.
+
+   26 "A child, an apprentice, a pupil, a mariner, and a soldier owe
+      respectively obedience to the lawful commands of the parent, the
+      master, the teacher, the captain of the ship, and the military
+      officer having command: and in case of disobedience submission may
+      be enforced by correction."--Bouvier's _Law Dictionary_, Vol. II, p.
+      531.
+
+      "To obey is better than sacrifice."
+
+      "Children, obey your parents in all things; for this is well
+      pleasing unto the Lord."
+
+      "Servants, obey in all things your masters according to the flesh;
+      not with eye service, as men pleasers; but in singleness of heart,
+      fearing God."
+
+      "Masters, give unto your servants that which is just and equal;
+      knowing that ye also must be obedient."--Quotations from _The Bible_.
+
+      "The capacity of the people for self government, and their
+      willingness, ... to submit to all needful restraints, and exactions
+      of municipal law, have been favorably exemplified in the history of
+      the American States."--Martin Van Buren.
+
+      "Let us have faith that right makes might and in that faith let us
+      to the end dare do our duty as we understand it."--Abraham Lincoln.
+
+      "Surely I do not misinterpret the spirit of the occasion when I
+      assume that the whole body of the people convenant with me today to
+      support and defend the Constitution and ... to yield a willing
+      obedience to all the laws, and each to every other citizen his equal
+      civil and political liberty."--Benj. Harrison.
+
+      "Patriotism calls for the faithful performance of all the duties of
+      citizenship in small matters as well as great, at home as well as on
+      tented fields."--William J. Bryan.
+
+   27 We must see ourselves as we are, moving in our daily life, guarded
+      and safeguarded in every act by law. Every act in life is lawful or
+      unlawful; that is, we are protected by the law in our every act, or
+      we are condemned or punished. Here are two children on their way to
+      school, one walking upon the sidewalk, exercising a lawful right;
+      one riding his bicycle upon the sidewalk, performing an unlawful
+      act. The one is an example of a careful law-abiding citizen, the
+      other an example of a law-violator.
+
+   28 Constitution of the United States, Art. I, Sec. 8, Cl. 5.
+
+   29 Created by an Act of Congress of March 3rd, 1901. It is a bureau of
+      the Department of Commerce, and is charged with comparing the
+      standards used in scientific investigations, commerce, and
+      educational institutions with standards adopted and recognized by
+      the government.
+
+   30 The Thirty-fifth General Assembly of the State of Iowa provided for
+      a State Inspector of Weights and Measures whose duty is to travel
+      over the State and investigate conditions among those who buy and
+      sell, and to make arrests and prosecute those found defrauding
+      others by giving short weights or measures, or who sell or offer for
+      sale spoiled foods, or keep their shops or stores in an unsanitary
+      condition.
+
+   31 Constitution of the United States, Art. I, Sec. 8, Cl. 5.
+
+_   32 Revised Statutes of the United States_, Sec. 5413 and following.
+
+   33 Very few letters are ever lost in the mails. The writer one time
+      addressed a letter to a friend living in Sydney, Australia. It was
+      mailed at Iowa City, Iowa, and was sent east. That letter went by
+      way of New York, England, France, Italy, the Suez Canal, and the
+      Indian Ocean to Sydney, Australia. The person to whom it was sent
+      had, in the meantime, left Sydney and the letter failed of delivery.
+      About three months after being first mailed it was returned to the
+      writer whose return address was on the outside of the envelope. In
+      being returned it came by way of the Pacific Ocean to San Francisco
+      and across the United States from the west. The letter had encircled
+      the globe and was returned safely to the original sender. Pretty
+      good work for the International Mail System.
+
+   34 Constitution of the United States, Art. I, Sec. 8, Cl. 7.
+
+   35 There are four general theories as to the origin of the Constitution
+      of the United States: (1) That it was an entirely new document. This
+      theory was inspired by the statement of Gladstone. People who heard
+      Mr. Gladstone or read of his comment on the Constitution
+      misinterpreted his saying and came to believe he meant that that
+      great Constitution was the work of the moment as conceived by the
+      men in the convention at Philadelphia. No one knew better than Mr.
+      Gladstone himself that such was not true. (2) That it was copied
+      almost entirely after the English constitution of that time. This
+      was the theory of Sir Henry Maine, and it was just as erroneous as
+      was the common acceptance of Gladstone's statement. There are many
+      things in the Constitution of the United States that were not in the
+      English constitution of that time. (3) That it was based entirely
+      upon the experience of the colonists themselves. This theory is also
+      incorrect as the facts show that many fundamentals of the
+      Constitution were copied directly from the governments of European
+      countries. (4) That it was due to all the above influences taken
+      together, but that they were worked out by the colonists and the
+      Constitution makers in their many years of experience in making
+      Constitutions for the States after their independence from England,
+      and during the time of the Confederation.
+
+      A careful study of the debates in the convention at Philadelphia
+      will reveal the fact that the different governments, institutions,
+      rulers, and statesmen of Europe were referred to in the making of
+      the Constitution.
+
+      During the discussions in the convention one hundred and thirty
+      allusions were made to the government and institutions of England.
+      The allusions made to France numbered nineteen. Those made to the
+      German States were seventeen. Those made to Holland were nineteen.
+      Greece was referred to thirteen times; Switzerland was alluded to
+      five times; and Rome was alluded to sixteen times.
+
+      The English government and institutions were held up as a model to
+      be imitated fifty times; as an example to be avoided, twenty-four
+      times. France was held up as a model three times, and as a warning
+      five times. Rome was cited five times as a model and seven times as
+      a warning.
+
+      From the standpoint of training, experience, and general
+      qualifications for constitution makers, the delegates who sat in the
+      Federal convention at Philadelphia were the most remarkable group of
+      statesmen the world has ever seen. Sixty-five delegates were chosen,
+      of whom fifty-five attended the convention and of these thirty-nine
+      signed the Constitution, three were present but refused to sign, and
+      thirteen were absent on the last day. Of the fifty-five who sat in
+      the convention, twenty-five were from northern States and thirty
+      from southern States. Of the thirty-nine signers, nineteen were from
+      the North and twenty from the South.
+
+      Of the fifty-five men thirty were college men, twenty-six had
+      degrees, forty-seven were afterwards prominent in public life; of
+      the remaining eight, at least four died soon after the close of the
+      convention. The most noted men were: Washington, Franklin, Hamilton,
+      Madison, Wilson, Patterson, Gerry, Sherman, Pinckney, and Randolph.
+      Six men who signed the Constitution had also signed the Declaration
+      of Independence--Benjamin Franklin, James Wilson, Robert Morris, and
+      George Clymer of Pennsylvania, Roger Sherman of Connecticut, and
+      George Read of Delaware.--Meyerholz's _The Federal Convention_.
+
+   36 Montesquieu, a famous French writer of the eighteenth century, tells
+      us that political liberty consists in the security one feels in
+      doing whatever the law permits. However we must remember that the
+      laws themselves must likewise be sound.
+
+   37 We must notice that Article I of "The Short Constitution" commences,
+      "_Congress shall make no law_" etc., which means that these first
+      eight amendments to the Constitution of the United States apply only
+      to the Federal government, and are limitations on the powers of
+      Congress rather than on the powers of the States. However most
+      States have similar provisions in their Constitutions.
+
+   38 Article X is important because it tells in a few words the exact
+      relation of the States to the Federal government.
+
+   39 Article V of the main body of the Constitution provides that when
+      nine States should ratify the Constitution, it should be established
+      as the frame of government. The first State to ratify was Delaware,
+      December 7, 1787; the ninth State was New Hampshire, June 21, 1788;
+      and the last State was Rhode Island, May 29, 1790.
+
+   40 George Washington expressed the vast importance of this thought when
+      he said: "_The basis of our political system is the right of the
+      people to make or alter their constitution of government._"
+
+      "The Constitution is itself in every rational sense and to every
+      useful purpose a bill of rights."--Alexander Hamilton.
+
+      "Much of the strength and efficiency of any government in procuring
+      and securing happiness to the people depends on opinion, on the
+      general opinion of the goodness of the government, as well as of the
+      wisdom and integrity of its governors. I hope, therefore, for our
+      own sakes, as a part of the people and for the sake of our
+      posterity, that we shall act heartily and unanimously in
+      recommending this Constitution wherever our influence may extend,
+      and turn our future thoughts and endeavors to the means of having it
+      well administered."--Benjamin Franklin.
+
+      "In the fullness of time a Republic rose up in the wilderness of
+      America. Thousands of years had passed away before this child of the
+      ages could be born. From whatever there was of good in the systems
+      of former centuries, she drew her nourishment; the wrecks of the
+      past were her warnings. The wisdom which had passed from India
+      through Greece, with what Greece had added of her own, the
+      jurisprudence of Rome, the mediaeval municipalities, the Teutonic
+      method of representation, the political experience of England, the
+      benignant wisdom of the expositors of the law of nature and of
+      nations in France and Holland, all shed on her their selectest
+      influence. Out of all the discoveries of statesmen and sages, out of
+      all the experience of past human life, she compiled a perennial
+      political philosophy, the primordial principles of national
+      ethics--she sought the vital elements of social forms and blended
+      them harmoniously in the free commonwealth which comes nearest to
+      the illustration of the natural equality of all men. She entrusted
+      the guardianship of established rights to law; the movement of
+      reform to the spirit of the people and drew her force from the happy
+      reconciliation of both."--George Bancroft.
+
+      "In spite of its supposed precision, and its subjection to judicial
+      construction, our constitution has always been indirectly made to
+      serve the turn of that sort of legislation which its friends call
+      progressive, and its enemies call revolutionary, quite as
+      effectively as though Congress had the omnipotence of parliament.
+      The theory of the latent powers to carry out those granted has been
+      found elastic enough to satisfy almost any party demands in time of
+      peace, to say nothing of its enormous extensions in time of
+      war."--_The Nation_, November 7, 1872, No. 384, p. 300.
+
+      "Our fathers by an almost divine prescience, struck the golden
+      mean."--Pomeroy's _An Introduction to the Constitutional History of
+      the United States_, p. 102.
+
+      "It (the United States Constitution) ranks above every other written
+      Constitution for the intrinsic excellence of its scheme, its
+      adaptation to the circumstances of the people, the simplicity,
+      brevity and precision of its language, its judicious mixture of
+      definition in principle with elasticity in details. One is induced
+      to ask, to what causes, over and above the capacity of its authors
+      and the patient toil they bestowed upon it, these merits are due, or
+      in other words, what were the materials at the command of the
+      Philadelphia Convention for the achievement of so great an
+      enterprise as the creation of a nation by means of an instrument of
+      government. The American Constitution is no exception to the rule
+      that everything which has power to win the obedience and respect of
+      men must have its roots deep in the past, and that the more slowly
+      every institution has grown, so much the more enduring it is likely
+      to prove. There is little in this Constitution that is absolutely
+      new. There is much that is as old as Magna Charta."--James Bryce,
+      author of _The American Commonwealth_.
+
+      "Let reverence for the law be breathed by every mother to the
+      lisping babe that prattles on her lap; let it be taught in schools,
+      seminaries, and colleges; let it be written in primers, spelling
+      books and almanacs; let it be preached from pulpits, and proclaimed
+      in legislative halls, and enforced in courts of justice; let it
+      become the political religion of the nation."--Abraham Lincoln.
+
+      "The Constitution, which may at first be confounded with the Federal
+      Constitutions which have preceded it, rests in truth upon a wholly
+      novel theory--a great discovery in modern political science. In all
+      the Confederations which have preceded the American Constitution of
+      1787, the Allied States ... agreed to obey the injunctions of a
+      federal government; but they reserved to themselves the right of
+      ordaining and enforcing the laws of the Union...." (The American
+      government, he explains, claims directly the allegiance of every
+      citizen, and acts upon each directly through its own courts and
+      officers.) "This difference has produced the most momentous
+      consequences."--Tocqueville's _Democracy in America_.
+
+      "It will be the wonder and admiration of all future generations and
+      the model of all future constitutions."--William Pitt, after reading
+      the Constitution of the United States.
+
+      "The Constitution of the United States is by far the most important
+      production of its kind in human history. It created, without
+      historic precedent, a federal-national government It combined
+      national strength with individual liberty in a degree so remarkable
+      as to attract the world's admiration. Never before in the history of
+      man had a government struck so fine a balance between liberty and
+      union, between state rights national sovereignty. The world had
+      labored for ages to solve this greatest of all governmental
+      problems, but it had labored in vain. Greece in her mad clamor for
+      liberty had forgotten the need of the strength that union brings,
+      and she perished. Rome fostered union, nationality, for its
+      strength, until it became a tyrant and strangled the child liberty.
+      It was left for our own Revolutionary fathers to strike the balance
+      between these opposing forces to join them in a perpetual wedlock in
+      such a way as to secure the benefits of both. They selected the best
+      things that had been tried and proved. Hence their great success,
+      hence the fact that 132 years after its signing, this same
+      Constitution is still the supreme law of the land and more deeply
+      imbedded in the American heart than ever."--Henry William Elson.
+
+      "The Constitution is not an arbitrary, unchangeable document, but
+      can be adapted to meet new conditions whenever the people decide. It
+      should be upheld because under its wise provisions the United States
+      has developed into a great nation of happy and prosperous people;
+      because it contains sacred guarantees of protection for the
+      individual; and because it affords freedom and opportunity for every
+      citizen, whether native-born or naturalized. American citizenship
+      securely rests upon its firm foundation."--Henry Litchfield West.
+
+      "The Federal Constitution, the whole of it, is nothing but a code of
+      the people's liberties, political and civil. The Constitution is not
+      a mass of rules, but the very substance of our freedom, not
+      obsolete; but in every part alive; more needful now than ever, and
+      as fitted to our needs."--Stimson's _The American Constitution_.
+
+      "No other country in the world possesses the guarantees of
+      individual liberty and inherent rights that are accorded by the
+      Constitution of the United States."--David Jayne Hill's _The People's
+      Government_.
+
+      "We need not view with apprehension or even regret the gradual
+      adaptation of the Constitution to the ever-changing needs from
+      generation to generation of the most progressive nation in the
+      world. The Constitution is not a static institution. It is neither,
+      on the one hand, a sandy beach, which is quickly destroyed by the
+      erosion of the waves, nor, on the other hand, is it a Gibralter rock
+      which wholly resists the ceaseless washing of time and
+      circumstances. Its strength lies in its adaptability to slow and
+      progressive change. While the necessity of change may be recognised
+      in the non-essentials, yet the Constitution was based upon certain
+      fundamental principles which were not thus changeable. These times
+      should not wither nor custom stale. While the great compact
+      apparently dealt only with very concrete and practical details of
+      government in the very simplest language, and carefully avoided
+      anything that savored of visionary doctrinarism, yet, behind these
+      simply but wonderfully phrased delegations of power, was a broad and
+      accurate political philosophy, which constitutes the true doctrine
+      of American Government. Its principles are of eternal verity. They
+      are founded upon the inalienable rights of man. They are not the
+      thing of the day or temporary circumstance. If they are destroyed,
+      then the spirit of our government is gone, even if the form
+      survive."--James M. Beck.
+
+      "The Constitution remains the surest and safest foundation for a
+      free government that the wit of man has yet devised."--Nicholas
+      Murray Butler.
+
+      "I believe there is no finer form of government than the one under
+      which we live, and that I ought to be willing to live or die, as God
+      decrees, that it may not perish from the earth through treachery
+      within or through assault without."--Thomas R. Marshall.
+
+      "Although not a citizen of your great country, I am heart and soul
+      with you and your associates in the glorious fight you are making
+      for the preservation of your peerless Constitution, which has made
+      your country what it is, and which is today the brightest hope of
+      mankind."--Baron Rosen, formerly Russian Ambassador to the United
+      States of America.
+
+      "Under the American Constitution was realized the sublime conception
+      of a nation in which every citizen lives under two complete and
+      well-rounded systems of laws,--the state law and the federal law--each
+      with its legislature, its executive, and its judiciary moving one
+      within the other, noiselessly, and without friction. It was one of
+      the longest reaches of constructive statesmanship ever known in the
+      world. There never was anything quite like it before, and in Europe
+      it needs much explanation even for educated statesmen who have never
+      seen its workings. Yet to America it has become so much a matter of
+      course that they, too, sometimes need to be told how much it
+      signifies. _In 1787 it was the substitution of law for violence
+      between states that were partly sovereign. In some future still
+      grander convention we trust the same thing will be done between
+      states that have been wholly sovereign, whereby peace may gain and
+      violence be diminished over other lands than this which has set the
+      example._"--John Fiske, in 1888.
+
+   41 The English government forced laws upon the colonies to restrict
+      trade and manufactures, to place a standing army in America, and to
+      raise taxes. The tax laws were denounced as illegal by the
+      colonists, who argued that they were not represented in Parliament.
+
+      Read the charges made against the king and the government of England
+      in the Declaration of Independence.
+
+   42 Read the famous speech made by James Otis against the Stamp Act in
+      the Stamp Act Congress in New York, October, 1765. See _American
+      History Leaflets_.
+
+   43 The following were the fundamental defects of the Articles of
+      Confederation.
+
+      a. They did not provide for a central executive, and there was no
+      supreme executive to enforce the laws.
+
+      b. No provision was made for a central judiciary, and each State
+      interpreted the Federal laws as it saw fit.
+
+      c. They permitted concurrent legislation on vital subjects: i. e.
+      each State could legislate as it pleased on such subjects as tariff,
+      foreign treaties, currency, etc.
+
+      d. They permitted each State to regulate its own coinage and there
+      were at one time at least fourteen different kinds of coins in the
+      thirteen States. This greatly interfered with trade.
+
+      e. They gave Congress no power to enforce the observance of
+      treaties. Congress could pass laws but could not enforce them.
+
+      f. They gave Congress no power to coerce a State--it could only
+      recommend to the States.
+
+      g. They required a two-thirds vote on all questions in Congress, and
+      votes were cast by States. Most bills may pass the present Congress
+      by a majority vote.
+
+      h. Congress could not reach the individual to punish him for crime
+      committed against the Federal government, except through the State
+      in which the crime was committed. Often the States refused to act.
+
+      i. The Articles could not be amended without the consent of all of
+      the States. Several times one State defeated the amendment of the
+      Articles.
+
+   44 The small States having only small areas and therefore less room for
+      settlers, were afraid of any form of union government which gave the
+      States proportional representation in Congress. These small States
+      declared they would not ratify the Articles of Confederation until
+      those States having large areas of western lands would agree to cede
+      those lands to the Federal government. The seven States holding
+      western lands agreed to cede their lands in January, 1781, and on
+      March 1st, Maryland as the last State ratified the Articles of
+      Confederation.
+
+   45 The various States chose a total of sixty-five delegates to attend
+      the Federal convention at Philadelphia. Of these, fifty-five
+      actually sat in the convention. Of the entire number, forty-two were
+      present on the last day and thirty-nine signed the Constitution.
+
+      Of the fifty-five who sat in the convention, twenty-five were from
+      north of the Mason and Dixon Line, or from the northern States, and
+      thirty were from the southern States. Of the thirty-nine signers,
+      nineteen were from the North and twenty from the South. The three
+      who refused to sign were Elbridge Gerry of Massachusetts and Edmund
+      Randolph and George Mason of Virginia. These three men thought the
+      Constitution gave too much power to the central government and did
+      not leave enough to the States.
+
+      Eight of the men who signed the Constitution were of foreign birth.
+      They were Alexander Hamilton, William Patterson, James Wilson,
+      Robert Morris, James McHenry, Thomas Fitzsimons, William R. Davie,
+      and Pierce Butler. You will notice that Hamilton, Wilson, Patterson,
+      and Morris were among the most influential men in the convention.
+      Many of America's greatest men have been of foreign birth.
+
+      The oldest man in the convention was Benjamin Franklin who was
+      eighty-one years of age. The youngest man was Jonathan Dayton of New
+      Jersey who was only twenty-seven. Charles Pinckney was twenty-nine
+      years old, and Alexander Hamilton was thirty. The average age of the
+      entire membership in the convention was 43-2/5 years.
+
+      The membership in the convention included a remarkable group of
+      men--in fact the most remarkable group of statesmen that ever
+      assembled for the making of a constitution. They had gained their
+      experience in five different ways: colonial legislatures, State
+      legislatures, State conventions, Continental Congresses, and in the
+      Congress of the Confederation. Six of them had the honor of having
+      signed the Declaration of Independence--Benjamin Franklin, James
+      Wilson, Robert Morris, Roger Sherman, George Read, and George
+      Clymer. Thirty delegates were college men and twenty-six had
+      degrees.
+
+   46 A careful study of the debates in the Federal convention will reveal
+      the following allusions to the government and institutions of other
+      countries. A total of two hundred and twenty-three allusions were
+      made to the governments of Europe, the most important of which were
+      the following: one hundred and thirty allusions were made to
+      England, of which fifty were commendatory, and twenty-four were
+      warnings; nineteen allusions were made to France, of which five were
+      commendatory and three were warnings; Germany, or rather the German
+      States, had seventeen allusions; Holland had twenty allusions;
+      Greece had twenty-five; Rome had twenty-six. The two hundred and
+      twenty-three allusions were made in such way as to indicate that the
+      delegates were widely read in both government and history.
+
+   47 The Constitution in Article VII says, "The Ratification of the
+      Conventions of nine States shall be sufficient for the Establishment
+      of this Constitution between the States so ratifying the Same."
+
+      The first State to ratify was Delaware on December 7, 1787. New
+      Hampshire, the ninth State, ratified on June 21, 1788, and Rhode
+      Island, the last, on May 29, 1790.
+
+   48 Every right begets a duty. The more rights our government gives us,
+      the more duties are imposed upon each one of us. In an absolute
+      monarchy the people have very few rights and they also have very few
+      duties to perform. In democracies like the United States the people
+      have a right to participate in government, they also have the duty
+      of becoming intelligent and becoming acquainted with the various
+      details of the administration of government. When people have a
+      right to participate in government, they have the duty of attending
+      every election and casting an intelligent ballot. Where people have
+      a right to make law, they must accept the duty of helping enforce
+      law. Where people have freedom of religious belief and worship, they
+      must refrain from interfering in the belief of other people. Where
+      they have freedom of speech and press, they must protect other
+      people in that same right. Where people have the right of trial in a
+      legally constituted court of law, they must refrain from mob rule or
+      from lynch law. The greater the privileges given a people by law,
+      the greater are their duties to see that law is always respected and
+      carefully enforced.
+
+   49 The government of the United States is a dual government. There is a
+      State government within each State, which is supreme over the
+      affairs of that State alone. Then there is a Federal government
+      which is supreme and sovereign throughout the entire United States
+      in all those affairs which the Federal Constitution gives to the
+      control of the Federal government. The _police power_ of a State is
+      commonly defined as the power of a State to control all of its
+      domestic internal affairs. The Federal government is not permitted
+      to interfere with the police powers of the States.
+
+   50 "No state allows its government to dictate to any one what church he
+      shall attend or compels him to contribute to the support of any
+      church, the establishment of state churches being everywhere
+      forbidden. No person is disqualified from holding office or
+      exercising legal rights because of his religious views, although a
+      very few states make belief in the Deity a requisite for holding
+      certain state offices."--Hart's _Actual American Government_, Sec.
+      13.
+
+   51 Constitution of the United States, Amendment I.
+
+   52 Church and state are wholly separated in the United States. When a
+      man takes office, no one asks him to what church he belongs, or what
+      his faith is. If a man wants to believe in the religions of India or
+      China, no officer of the National government has a right to
+      interfere with him, providing he does not violate a law of the land.
+      Religious tolerance is a growth. The Puritans who founded New
+      England, although they fled to America because of religious
+      persecutions, did not practice religious tolerance in the New World.
+
+   53 "The witchcraft craze at Salem, Massachusetts, in 1692, is commonly
+      thought to have been the legitimate outgrowth of the gloomy religion
+      of the Puritans. Nineteen persons were hanged or burned at the stake
+      for having bewitched children. One was crushed to death under heavy
+      weights because he would not confess that he was possessed of the
+      devil. From the time of King John down to 1712, innocent lives were
+      constantly sacrificed in England on this charge."--Thwaites's _The
+      Colonies_, p. 190.
+
+   54 Constitution of the United States, Amendment I.
+
+   55 The first ten amendments to the Constitution of the United States
+      are limitations on the powers of Congress, and these amendments do
+      not is any way limit the powers of the several States. It is a fact,
+      however, that practically all the States have incorporated these
+      same amendments in their Constitutions thereby placing the same
+      limitations upon their legislatures. A State may change its
+      Constitution and thereby curtail freedom of speech and press as it
+      may think necessary to protect its people, and some of the States
+      have enacted laws forbidding anarchists to hold public meetings or
+      to publish yellow journals in which they berate the government or
+      instigate rebellion or sedition among the people. But the Federal
+      government cannot pass any law abridging the freedom of speech or
+      press except such as may be enacted under the war powers of the
+      government when in actual war, such as was enacted in the Espionage
+      Act of 1917.
+
+   56 Libel is defined as any statement printed, or written, or any
+      picture or caricature that causes another person to be brought into
+      hatred, contempt, or ridicule or to be shunned by his associates.
+      Slander is any oral statement that causes another person to be
+      brought into hatred, contempt, or ridicule, or to be shunned by his
+      associates. In order to constitute either slander or libel the
+      statement or utterance must be communicated to a third party.
+
+      "The right of citizens to petition the government to remove abuse
+      was won in Europe only after many hard conflicts. It is not conceded
+      in some European governments today, and men in those countries who
+      lead in reforms and advocate democratic measures are often thrown
+      into prison, banished, or exiled. This amendment to the Constitution
+      was inserted to guard against the tyranny of officers, who might
+      abuse the authority conferred upon them by the people."
+
+   57 Constitution of the United States, 1st Amendment.
+
+      "The right of assembly is coupled with the guaranty of the right to
+      petition the government for a redress of grievances; but it is not
+      to be understood as limited to that object. Without doubt
+      assemblages for social, political or religious purposes are
+      protected by such against legislative prohibition unless attended
+      with circumstances rendering the exercise of the right inimical to
+      public peace, security or welfare."--Emlin McClain, quoted in the
+      _Cyclopedia of American Government_, Vol. I, p. 85.
+
+      "The right to assemble may be restricted so far as necessary to
+      prevent its being exercised to promote unlawful purposes or in such
+      manner as to result in public inconvenience."--_Cyclopedia of
+      American Government_, Vol. I, p. 85.
+
+      "The provision to the amendment to the Federal Constitution is a
+      limitation only on the powers of the Federal Government and does not
+      apply to the several states. The states have largely copied the same
+      provision into their constitutions."
+
+      "The right of petition is important as recognizing a lawful occasion
+      for the assembly of the people and in connection with the guaranty
+      of freedom of speech and the press. The subject matter of a petition
+      cannot be made the basis for a prosecution for public or private
+      libel if it is kept within the limits of the privilege
+      accorded."--_Cyclopedia of American Government_, Vol. II, p. 675.
+
+      "Through the right of petition the people have a means of informing
+      their lawmakers of their wishes and of guiding public opinion."
+
+      "The rules of the national House of Representatives provide that
+      members having petitions to present may deliver them to the clerk
+      and the petition, except such as, in the judgment of the speaker,
+      are of an obscene or insulting character, shall be entered upon the
+      journal."--Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. II, p. 675.
+
+   58 Constitution of the United States, Amendment II.
+
+      "This right to keep and bear arms, although stated in connection
+      with the militia, is held broad enough to cover the keeping and
+      carrying of such weapons as are suitable for self-defense, or
+      defense of the home. But the keeping of unusual weapons, or the
+      carrying of unusual weapons in an unusual manner, as by having them
+      concealed on the person, may be prohibited."--Bouvier's _Law
+      Dictionary_, Vol. I, p. 165.
+
+      "This amendment, like the other eight amendments to the Federal
+      Constitution, does not apply to the States, and a State may
+      legislate as it pleases regarding the carrying and using of arms.
+      Many states prevent the carrying of arms of any kind except with
+      legal permission given through the proper officer for stated
+      specific reasons."
+
+      "The amendment means no more than that this right shall not be
+      infringed by Congress. Police protection of the people is left to
+      the States."
+
+   59 One of the grievances of the colonists stated in the Declaration of
+      Independence was the quartering of large bodies of armed troops in
+      the colonies, but the guaranty found in the Federal Constitution and
+      in many State Constitutions is that soldiers shall not in times of
+      peace be quartered upon private persons. This guaranty has respect
+      to the recognition of the right of every man not to be unwarrantably
+      disturbed or intruded upon in his home. "Every man's house is his
+      castle."
+
+   60 Constitution of the United States, Amendment IV.
+
+      "One of the most serious grievances of the colonists was, the
+      assertion and exercise of a prerogative of the crown to issue
+      warrants for searching private premises in order to obtain evidence
+      of political offenses. This had been the subject of controversy in
+      England and was made the basis of a protest in Massachusetts by
+      James Otis against the Writs of Assistance which were in effect,
+      general warrants."--_Cyclopedia of American Government_, Vol. III, p.
+      654.
+
+      "The privilege contended for was that the privacy of the dwelling
+      house should not be invaded by public officers without the consent
+      of the owner save for the purpose of making an arrest, and then only
+      by an officer of the law--who carried a warrant giving him such
+      authority."--Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. III, p. 654.
+
+      The protection afforded by the constitutional provision is against
+      attempts made under the disguise of public process to pry into
+      private affairs on mere suspicion that a crime has been committed or
+      contemplated.
+
+      The principle of this guaranty is being violated if the postal
+      authorities open sealed letters in the mail to discover whether
+      improper use of the mail is being made. It is also violated by
+      compelling the production of private papers of the defendant in a
+      criminal prosecution.
+
+      A warrant is not always necessary to arrest an individual. For
+      example, a police officer does not need a warrant in order to arrest
+      a person who is violating a law in his presence, or a person whom he
+      has good reason to think has committed a felony.--_Cyclopedia of
+      American Government_, Vol. III, p. 655.
+
+   61 Constitution of the United States, Amendment V.
+
+      "A _capital crime_ is such crime as the law declares punishable by
+      death penalty."--Bouvier's _Law Dictionary_, Vol I, p. 284.
+
+      "An _infamous crime_ is such crime as the law declares punishable by
+      imprisonment in a state prison."
+
+      A grand jury, or an indictment, or a presentment jury, or an inquest
+      jury, is a jury (differing as to numbers in different States) for
+      the purpose of investigating alleged crimes. If, upon investigation,
+      the jury believes the accused person has either committed the act or
+      has had a part in the crime, it will draw up a formal accusation in
+      writing. This accusation is called an indictment and is presented to
+      the court. In a few States a person may be brought to trial for
+      violation of a law of the State upon information filed by the
+      prosecuting attorney.
+
+      A _petit jury_, or _trial jury_, is a jury of twelve men selected by
+      the court--according to a law determining the manner--to hear the
+      accusation against the person charged along with the evidence
+      submitted during the trial in court. After hearing the evidence and
+      receiving from the judge instructions concerning the law governing
+      the case, the jury will determine whether the accused person is
+      guilty or not. The Federal government, and most of the States,
+      require a unanimous verdict. If the jury disagrees they report such
+      to the court (the judge) and they are dismissed and the case may be
+      tried again with a different jury.
+
+      "Constitutional guaranties of the right of trial for crime only on
+      indictment by a grand jury, imply a common law grand jury of whose
+      number at least twelve men concur in finding the indictment, but by
+      provision in state constitutions a smaller number of grand jurors
+      than required by common law and concurrence of a smaller number than
+      twelve in the finding of an indictment may be authorized."
+
+      "A grand jury affords a safeguard against the unwarranted ignominy
+      of being put on public trial for an offense which there is no
+      reasonable ground to believe the accused has committed."
+
+      "The grand jury is to investigate the cases of those who have been
+      arrested and held under preliminary information on oath by private
+      accusers; and it may also investigate cases of supposed crime of
+      which it has knowledge or to which its attention may be called by
+      the public prosecuting officer. Its proceedings are secret and its
+      members are sworn not to subsequently divulge them."--McClain's
+      _Constitutional Law_.
+
+   62 Constitution of the United States, Amendment V.
+
+      "The rule of procedure generally recognized is that when an accused
+      person has been put on trial under a valid indictment in a court
+      having jurisdiction of the case, and a jury has been empaneled and
+      sworn to try the case and give a verdict, and a verdict of _not
+      guilty_ is given--the accused cannot be again put on trial for the
+      same crime, or any included crime for which he might have been
+      convicted in that prosecution."--_Cyclopedia of American Government_,
+      Vol. II, p. 251.
+
+      "A verdict of not guilty is conclusive and the defendant must be
+      discharged. If however he is convicted, he may in some instances
+      appeal the case to a higher court for review and that is not being
+      again put in jeopardy."--Emlin McClain, quoted in the _Cyclopedia of
+      American Government_, Vol II, p. 251.
+
+      "Jeopardy is complete when the court proceeds with a jury to
+      ascertain the defendant's guilt."
+
+      "As the criminal jurisdiction of the Federal Court extends only to
+      offenses against the Federal laws, and no prosecution for such
+      offenses can be entertained in the state courts--it follows that
+      there can be no questions of former jeopardy as between a federal
+      and a state court."--_Cyclopedia of American Government_, Vol II, p.
+      251.
+
+   63 Constitution of the United States, Amendment V.
+
+      In our own early colonies persons were frequently tortured to compel
+      them to give evidence against themselves or against other people,
+      but at that time the colonies were still under British authority.
+
+      An instance was recently reported of a man appearing before a
+      sheriff and confessing to the commission of five different murders
+      in as many different places in a western State. Upon investigation
+      it was found that murders had been committed in these places about
+      the time he confessed to having committed the crimes, so he was
+      arrested and held by the sheriff. Upon further investigation it was
+      discovered that he was mentally unbalanced and having read of all
+      these crimes he imagined he had committed them. He was released from
+      arrest and was committed to a hospital for the insane. In this
+      instance an innocent man might have been executed if his own
+      testimony had been sufficient to convict him.
+
+      If a person confesses to having committed a crime and the facts as
+      stated are found to be correct, he may then be convicted of the
+      crime, but the conviction is made on the basis of the evidence
+      disclosed by his confession and not on the confession itself. Having
+      made a confession the officers may then from the facts told by the
+      accused find other facts sufficient to convict without offering the
+      confession in evidence.
+
+      "A confession is not admissible in evidence where it is obtained by
+      temporal inducement, by threats, promise or hope of favor held out
+      to the party in respect of his escape from the charge against him,
+      by a person in authority."--Bouvier's _Law Dictionary_, Vol. I, p.
+      387.
+
+      "When an inducement destroys a confession it must be held out by a
+      person in authority."
+
+   64 Constitution of the United States, Amendment V.
+
+      This is a part of the fifth amendment to the Federal Constitution,
+      and the fourteenth is an expansion of it, and assumes that the man
+      charged with the crime is innocent until proven guilty. The old
+      standard set in Europe was that a person charged with crime was
+      considered guilty until he was proven innocent. All citizens,
+      whether native or foreign born, have the protection of this
+      amendment.--Bouvier's _Law Dictionary_, Vol. I, p. 622.
+
+      Previous to 1679 in England an accused person could be detained in
+      prison for months or even for years and had no recourse to the
+      courts, but might be thus detained in prison upon a mere charge
+      brought by some one jealous of him and without real reason. In that
+      year the people demanded that Parliament should give relief against
+      unjust or false imprisonment, and Parliament enacted the Habeas
+      Corpus Act. The provisions of this notable act require that a person
+      imprisoned may demand a preliminary hearing and learn the cause of
+      his being seized and imprisoned. Either he or his friends or
+      relatives could go before a judge of a court and demand a _writ of
+      habeas corpus_. Such writ was issued by a judge and directed to the
+      jailer or the person detaining the accused and he was compelled to
+      bring the accused person before the court and show legal reason why
+      that person should be detained. If no such cause or reason could be
+      given, the accused person must be set at liberty. The guaranty of
+      the right to a writ of habeas corpus under our Constitution is
+      considered hereafter. See page 144.
+
+      _Due process of law_ may be defined as "according to the law of the
+      place in which the trial is held". It means in this instance that no
+      person may be deprived of life, liberty, or property without the
+      right of judicial trial. _Due process of law_ does not necessarily
+      mean _jury trial_. If a jury trial is the legally recognized method
+      of trying such case, then jury trial is _due process_, but if trial
+      without a jury is legally provided for when permitted by the
+      Constitution, in that instance, _due process_ does not require jury
+      trial. For cases in which the right of trial by jury is guaranteed
+      see pages 111, 125, and 160.
+
+      "In a word, 'due process of law' to-day signifies 'reasonable law',
+      in which sense it bestows upon the courts, and especially upon the
+      Federal Courts, as final interpreter of the national constitution, a
+      practically undefined range of supervision over legislation both
+      state and national."--_Cyclopedia of American Government_, Vol. I, p.
+      615.
+
+      "Due process of law, is law in its regular course of administration
+      through courts of justice."--Story's _Commentaries_, Vol. III, pp.
+      264, 661;--18 _Howard_ 272.
+
+      "Any legal proceeding enforced by public authority, whether
+      sanctioned by age or custom, or newly devised in the discretion of
+      the legislative power, in furtherance of the general public good,
+      which regards and preserves these principles of liberty and
+      justice."--110 _U. S._ 516.
+
+      "Due process of law in each particular case means, such an exercise
+      of the powers of government as the settled maxims of the law permit
+      and sanction, and under such safeguards for the protection of the
+      individual rights as those maxims prescribe for the class of cases
+      to which the one in question belongs."--Cooley's _Constitutional
+      Limitations_, p. 441.
+
+      "This provision does not imply that all trials in state courts
+      affecting the property of persons must be by jury." This depends to
+      some extent upon the constitution of the respective states, except
+      as limited by the United States Constitution.--92 _U. S._ 90.
+
+   65 Constitution of the United States, Amendment V.
+
+      Eminent domain means the right and authority of the government to
+      take private property for public purposes upon the payment of a just
+      compensation.
+
+      "The superior right existing in a sovereign government by which
+      private property may in certain cases be taken or its use controlled
+      for the public benefit, without regard to the wishes of the
+      owner."--Bouvier's _Law Dictionary_, Vol. I, p. 657.
+
+      "Eminent domain is said with more precision to be the right of the
+      nation or the state, or of those to whom the power has been lawfully
+      delegated, to condemn private property to public use, upon paying to
+      the owner a due compensation, to be ascertained according to
+      law."--Bouvier's _Law Dictionary_, Vol. I, p. 651.
+
+      Just compensation is generally arrived at by those whose duty it is
+      to secure the land for the government, by offering a good fair price
+      for the land. If the owner of the land refuses to accept the offer,
+      the land may be seized by the proper authority and the matter
+      settled according to law. The law generally provides that a body of
+      appraisers be appointed who appraise the value of the land and this
+      amount is offered to the owner. If he refuses, the matter is carried
+      to the court for determination. A jury is summoned to assess the
+      value of the land and from this the owner may usually appeal, but
+      the government cannot appeal; it must pay the appraised valuation or
+      allow the owner to keep his property. It must be remembered that
+      private property may only be taken by the government for public
+      purposes.
+
+      Some purposes for which the government may take private property
+      are: forts and arsenals, army posts, or public parks. It may take
+      food supplies for use of the army or navy in time of war. It may
+      take over the railroads for the benefit of the people of the Nation,
+      etc. In all cases it must give just compensation.
+
+   66 Constitution of the United States, Amendment VI.
+
+      "A speedy trial is, it appears, one that is brought on without
+      unreasonable delay for preparation; and a public trial is not
+      necessarily one to which every one may obtain admission but one
+      sufficiently free and open to allow the friends of the accessed and
+      others to watch the proceedings."--Emlin McClain, quoted in the
+      _Cyclopedia of American Government_.
+
+      "Criminal prosecution is the means adopted to bring a supposed
+      offender to justice and punishment by due course of law."
+
+      "The speedy trial to which a person charged with crime is entitled
+      under the constitution is a trial at such a time, after the finding
+      of the indictment, as shall afford the prosecution a reasonable
+      opportunity, by the fair and honest exercise of reasonable
+      diligence, to prepare for trial, and if the trial is delayed or
+      postponed beyond such period, when there is a term of court at which
+      the trial might be had, by reason of neglect of the prosecution in
+      preparing for trial, such delay is a denial to the defendant of the
+      right of a speedy trial, and in such case a person confined, upon
+      application by _habeas corpus_, is entitled to a discharge from
+      custody."--Bouvier's _Law Dictionary_, Vol. II, p. 1023.
+
+      Every jury is sworn to decide according to the evidence presented,
+      guided by instructions in the law given by the judge. Juries are
+      therefore held to be _impartial_.
+
+      The entire United States is divided into judicial districts, of
+      which there are about ninety-two. These districts are found within
+      the States as judicial districts do not cut State boundaries. Where
+      the population is more sparse a Federal district comprises an entire
+      State. Where the population is more dense a State may contain two or
+      more districts. There are four United States District Court
+      districts in the State of New York, two in Iowa, and only one in
+      Nevada, and some other western States.
+
+      Congress may by legislative act lay out Federal court districts.
+      These districts were first established in the Federal Judiciary Act
+      of 1789. As the population increases Congress may increase the
+      number of districts.
+
+   67 Constitution of the United States, Amendment VI.
+
+      If one is not given a preliminary hearing shortly after his arrest,
+      the right to a writ of _habeas corpus_ (defined in another chapter),
+      gives the accused an opportunity to know the exact nature of the
+      charge against him and why he is held or detained in prison. Then he
+      is faced by his accusers in court and bears the charge against him.
+      In all criminal cases the accused is privileged to be present
+      throughout the entire trial, in fact he is required to be present
+      during the trial.
+
+      In early England, and in many other European countries in early
+      times, the accused person was not even permitted to know the reason
+      for his imprisonment, and furthermore was tried in court and found
+      guilty without hearing the evidence or knowing who testified in
+      court.
+
+      The right of trial upon indictment of a grand jury, and the
+      privilege of confronting one's accusers in court, having witnesses
+      in one's behalf, and having an attorney to defend one accused, is
+      not yet allowed in certain parts of Russia and perhaps other
+      countries in Europe and Asia. These privileges have been the
+      recognized right of all people in the United States since our
+      glorious Constitution was adopted and became the fundamental law of
+      our country in 1789.
+
+      Teachers of civics in our schools ought to ask permission of the
+      judge to take their classes to visit a session of the court. The
+      judge is able to inform the teacher as to when certain cases of most
+      value to pupils and other persons are to be tried. The trial of
+      certain kinds of cases brings out many fundamental facts of rights
+      and duties of citizenship that boys and girls, as well as many adult
+      persons, ought to know.
+
+      "The accused is of all men the most miserable, unless the law gives
+      him an equal chance to defend himself. Time was when the courts
+      could hear privately the witnesses against the prisoner, and then
+      call him into court to answer charges, which he never had heard of,
+      made upon the testimony of witnesses he never had seen, without any
+      legal means of compelling his own witnesses to come to court to
+      testify for him and without any lawyer to speak for him against the
+      trained counsel for the government. Many of these abuses had been
+      weeded out before the Constitution was adopted."--Bacon's _American
+      Plan of Government_, p. 272.
+
+      "Almost all the reform needed to make criminal procedure humane and
+      just, has been incorporated into the constitutions and laws of the
+      states during the first era of independence; but the people of the
+      United States bad no such safeguards."--Bacon's _American Plan of
+      Government_, p. 273.
+
+      "The charge to be answered by the defendant on trial in a criminal
+      court must be clear, explicit, and definite. The prosecution has no
+      right to compel the accused to show that he is a good member of
+      society."--_7 Peters Rep. 138._
+
+   68 Constitution of the United States, Amendment VI.
+
+      "In judicial procedure a witness is one who is duly called upon to
+      testify under oath as to matters within his knowledge. By rules of
+      procedure some persons are disqualified from testifying on account
+      of want of mental capacity as, for instance, idiots, insane persons,
+      and infants who have not attained the age of discretion. Others who
+      are qualified to testify may be of such character that their
+      testimony is not entitled to the weight which should be given to
+      some other witness. Furthermore, a witness may be so related to the
+      subject matter or to the parties as that in the particular case his
+      testimony should not be received, or should be received under
+      limitations as to its credibility and weight. And finally the
+      competency of testimony offered is regulated by rules of evidence
+      fixed by law."
+
+      "Under constitutional guaranties of religious freedom, the religious
+      belief of a witness cannot be made a ground for his disqualification
+      to testify."
+
+      "As to criminal prosecution, it is usually provided in state
+      constitutions as it is in the Fifth and Sixth Amendments to the
+      Federal Constitution that the accused shall not be compelled to be a
+      witness against himself and that he has a right to be confronted
+      with the witnesses against him and to have compulsory process for
+      obtaining witnesses in his favor. These are privileges which the
+      accused may waive."--Emlin McClain, quoted in _Cyclopedia of American
+      Government_, Vol. III, p. 693.
+
+   69 "Compulsory process is the means of compelling a witness to appear
+      before the court at the time of trial and, under oath, tell what he
+      knows about the matter under consideration."--Bouvier's _Law
+      Dictionary_, Vol. II, p. 766.
+
+      A _subpoena_ is an order issued in a court and given to a sheriff or
+      other executive officer, to be served upon or read to a witness,
+      compelling him to appear before the court at the time stated. He
+      must lay aside all pretenses and excuses, and appear before the
+      court or the magistrate at the time and place named in the subpoena,
+      under a penalty therein cited for failure to appear. His failure to
+      obey the order of the court, or subpoena, is known as _contempt_.
+      Contempt is punishable in Federal courts, and in most States by the
+      order of the judge, and is not subject to jury trial. (Oklahoma is
+      an exception.)
+
+   70 "At common law a prisoner was not allowed counsel. In England this
+      right was not granted in all cases before 1836."--_Cyclopedia of
+      American Government_, Vol. I, p. 487.
+
+      The United States was the earliest of nations to not only permit
+      every person accused of crime and tried before a court to have
+      counsel, but to furnish counsel for every person who was not himself
+      able to get counsel or able to pay for counsel.
+
+   71 Constitution of the United States, Amendment VII.
+
+      "Common Law is that system of law or form of the science of
+      jurisprudence which has prevailed in England and in the United
+      States, in contradistinction from other great systems, such as Roman
+      or civil law."--Bouvier's _Law Dictionary_, Vol. I, p. 370.
+
+      "Common law is used to distinguish the body of rules and of remedies
+      administered by courts of law, technically so called, in
+      contradistinction to those of equity administered by courts of
+      chancery, and to the canon law, administered by ecclesiastical
+      courts."--Bouvier's _Law Dictionary_, Vol. I, p. 370.
+
+   72 Constitution of the United States, Amendment VII.
+
+      "A jury is a body of men sworn to declare the facts of a case as
+      they are proven from the evidence placed before them."--Bouvier's
+      _Law Dictionary_.
+
+      The definition of a jury explains why the facts of a case are not
+      open for re-examination after being declared by a jury. It is
+      because a jury meets in a court in the place where the offense has
+      been committed, and is therefore better able to know the whole
+      truth, and to determine what the facts really are than would be
+      possible for any other body of men who did not have such means of
+      knowing. A higher court in reviewing a case on an appeal cannot
+      usually go behind the facts as declared by a jury.
+
+   73 In ordinary instances arrests may be made only by officers of the
+      law upon warrants issued by a magistrate. Any officer may, however,
+      upon his own cognizance of a crime being committed, arrest the
+      person or persons without warrant. If such authority were not given
+      to officers of the law, many persons violating law would be able to
+      escape before a warrant could be issued. Furthermore, under the laws
+      of some States, any person who sees a crime committed is legally
+      required to pursue and arrest the offending person and may himself
+      be punished if he refuses to act. Sheriffs and other officers of the
+      peace may call upon and require other persons to assist in the
+      pursuit and capture of fleeing criminals.
+
+   74 Constitution of the United States, Amendment VIII.
+
+      In criminal actions the matter of bail is determined by statute.
+      Bail is often denied to those accused of committing serious crimes.
+
+      The term _bail_ is used to designate a person who becomes a surety
+      for the appearance of the defendant in court at the time called for.
+      But in modern usage the term _bail_ means the amount of money
+      pledged by another person for the appearance of the defendant. If
+      the defendant fails to appear the person going his bail must pay the
+      stipulated amount into the court. The payment of the bail does not,
+      however, relieve the delinquent defendant of further punishment. He
+      may be again seized and punished as according to the charge, and
+      furthermore may be given additional punishment for "jumping" his
+      bail.
+
+      "The defendant usually binds himself as principal with two sureties;
+      but sometimes the bail alone binds himself as principal, and
+      sometimes one surety is accepted by the sheriff. The bail bond may
+      be said to stand in the place of the defendant as far as the sheriff
+      is concerned, and if properly taken, furnishes the sheriff a
+      complete answer to the requirement of the writ, requiring him to
+      take and produce the body of the defendant."--Bouvier's _Law
+      Dictionary_, Vol. I, p. 211.
+
+   75 United States Constitution, Amendment VIII.
+
+      "The amount of fine is frequently left to the discretion of the
+      court, who ought to proportion the fine to the offense."--Cooley's
+      _Constitutional Limitations_, p. 377.
+
+      "The object of punishment is to reform the offender, to deter him
+      and others from committing like offenses, and to protect society."
+      "A state may provide a severer punishment for a second than for a
+      first offense providing it is dealt out to all alike."--159 _U. S._
+      673.
+
+      "Punishments are cruel when they involve torture or a lingering
+      death; but the punishment of death is not cruel, within the meaning
+      of that word as used in the Constitution."--136_U. S._ 436.
+
+      A warden of a State penitentiary was recently found guilty of
+      inflicting cruel punishment because he punished a convict by
+      suspending his body from chains placed around his wrists.
+
+      The British Museum contains several machines of torture used to
+      punish criminals in early days. One is a machine in the form of a
+      hollow case fitting a human form. This case is filled with sharp
+      spikes driven through from the outside. The machine was so
+      constructed that when a victim was placed inside, the sides could be
+      gradually turned up to fit the body and press these spikes into the
+      body of the victim so as to produce death.
+
+      Another machine is constructed much as a cross in form of the letter
+      X. The victim was fastened in such manner as to bind his wrists and
+      ankles to the ends of the bars. A horse was then hitched to either
+      his arms or legs and they were torn from the body.
+
+      Many States in the United States have now adopted electrocution as
+      the means of inflicting the death penalty because it is believed to
+      be the most humane way.
+
+   76 Constitution of the United States, Amendment XIII, Sec. 1.
+
+      This amendment was submitted to the States by resolution of Congress
+      in 1865 and by proclamation of the President of December 18th of
+      that year was declared to have received the approval of the
+      requisite number of States.
+
+      So far as the abolition of slavery is involved there has been no
+      question as to the effect of the amendment, but as to what
+      constitutes involuntary servitude important questions have arisen.
+      While the primary object of the amendment was to free the colored
+      race, the general purpose was to render impossible the existence
+      within the jurisdiction of the United States of any legal or social
+      institution imposing involuntary labor on any class of persons. The
+      introduction here of the peonage system prevalent in Mexico, the
+      coolie system of China, or the padrone system of Italy fall within
+      the prohibition.
+
+      The amendment permits imprisonment and also involuntary servitude as
+      a penalty for failure to pay a fine imposed as a punishment.
+      Moreover the services of persons imprisoned for crime belong to the
+      State and may be leased, subject of course to humanitarian
+      regulations as to the method in which such services may be employed.
+
+      Under the enforcement clause Congress has legislated against
+      peonage, that is, a condition of enforced servitude by which the
+      servitor is restrained of his liberty and compelled to labor in
+      liquidation of some contract, debt, or obligation. But without such
+      legislation, State statutes imposing imprisonment or servitude for
+      non-performance of contractual obligations are invalid as in
+      conflict with the provisions of the amendment.--Emlin McClain, in the
+      _Cyclopedia of American Government_, Vol. III, p. 536.
+
+      In the early days many of the American colonies permitted
+      imprisonment for debt, and one of the greatest patriots and
+      philanthropists of colonial times, Robert Morris, was imprisoned for
+      debt by the State of Pennsylvania.
+
+   77 James Bryce has written of our government: "The American Union is
+      ... a state which, while one, is nevertheless composed of other
+      states even more essential to its existence than it is to theirs."
+
+   78 Constitution of the United States, Amendment XIV. Sec. 1.
+
+      A person may attain to citizenship in the United States in any of
+      seven different ways: 1. By birth--i.e. natural born. 2. By
+      naturalization, which usually requires continuous residence for five
+      years. 3. By treaty regulation. 4. By statute of Congress. 3. By
+      annexation of territory. 6. By marriage--if a foreign woman marries
+      an American citizen. 7. By honorable discharge from the army or
+      navy, upon which the court admits to citizenship regardless of the
+      time of residence in the United States.
+
+      In the United States we recognize a dual citizenship--citizenship in
+      the United States, and citizenship in a State. Any person who is a
+      citizen of the United States is also a citizen of the State wherein
+      he or she resides. Nine different States grant the right of suffrage
+      and State citizenship to such foreigners as take out their first
+      naturalization papers. These States are Alabama, Arkansas, Indiana,
+      Kansas, Missouri, Nebraska, Oregon, South Dakota, and Texas.
+
+      Citizenship must not be confused with the right of suffrage. Neither
+      one necessarily includes the other. All citizens cannot
+      vote--children for example. All voters are not necessarily citizens,
+      those in the above nine States for example.
+
+      Aliens in the United States have practically all the civil rights
+      that are enjoyed by citizens, but they do not have political rights.
+      An alien may purchase, own, and convey property. He may sue and be
+      sued in the courts.
+
+      "There can be no doubt that the minimum expectation of the framers
+      of this amendment to the Constitution was that it would make the
+      first eight amendments to the Constitution binding upon the states,
+      as they already were upon the Federal Government, and that it should
+      be susceptible not only of negative enforcement by the courts but
+      also of direct positive enforcement by Congress."--_Cyclopedia of
+      American Government_, Vol. II, p. 41.
+
+   79 Constitution of the United States, Amendment XV.
+
+   80 "By a series of decisions the most important of which were those in
+      the Slaughter House cases (16 Wallace 36) and in the Civil Rights
+      Cases (109 U.S. 3) the United States Supreme Court established the
+      following principles: (1) that the prohibitions of the fourteenth
+      amendment are addressed to the states as such and not to private
+      individuals; (2) that these prohibitions contemplate only positive
+      state acts and not acts of omission; (3) that the amendment
+      recognizes a distinction between state citizenship and United States
+      citizenship; (4) that it protects from state abridgement only 'the
+      privileges and immunities' which the Constitution by its other
+      provisions bestows upon 'citizens of the United States' as
+      such."--_Cyclopedia of American Government_, Vol. II, p. 41.
+
+      The nineteenth amendment which is now ratified by the States,
+      provides that "the right of citizens of the United States to vote
+      shall not be denied or abridged by the United States or by any State
+      on account of sex."--Constitution of the United States, Amendment
+      XIX.
+
+   81 "The good citizen must in the first place, recognize what he owes
+      his fellow citizens. If he is worthy to live in a free republic he
+      must keep before his eyes his duty to the nation of which he forms a
+      part. He must keep himself informed, and he must think of himself as
+      well as of the great questions of the day; and he must know how to
+      express his thoughts."--Theodore Roosevelt.
+
+   82 In receiving applications for the many appointments which it was his
+      duty to make, President Taylor said: "I shall make honesty, capacity
+      and fidelity indispensable requisites to the bestowal of office; and
+      the absence of any one of these qualities shall be deemed sufficient
+      cause for removal."
+
+   83 "The American Constitution is the most wonderful work ever struck
+      off at a given moment by the brain and purpose of man."--William E.
+      Gladstone.
+
+      "It will be the wonder and admiration of all future generations and
+      the model of all future constitutions."--William Pitt.
+
+      "Our fathers by an almost divine prescience, struck the golden
+      mean," when they made the Constitution.--Pomeroy.
+
+      "It (The U. S. Constitution) ranks above every other written
+      constitution for the intrinsic excellence of its scheme, its
+      adaptation to the circumstances of the people, the simplicity,
+      brevity and precision of its language, its judicious mixture of
+      definition in principle with elasticity in details."--James Bryce.
+
+   84 "This is the most famous writ in the law; and, having for many
+      centuries been employed to remove illegal restraint upon personal
+      liberty, no matter by what power imposed, it is often called the
+      great writ of liberty."--Bouvier's _Law Dictionary_, Vol. I, p. 917.
+
+   85 In 1861 Chief Justice Taney decided in the United States Circuit
+      Court of Maryland that Congress alone possessed the power under the
+      Constitution to suspend the writ.--_American Law Register_, 524.
+
+      The privilege of the writ is, however, necessarily suspended
+      whenever martial law is declared in force; for martial law suspends
+      all civil process.
+
+      "As a recognized legal remedy, resort to the proceeding by habeas
+      corpus may be had where a person is imprisoned under pretended legal
+      authority which in fact for any reason is absolutely void, as where
+      the warrant of arrest or commitment is insufficient or the
+      proceeding under which the warrant was issued was without legal
+      authority."
+
+      "A state court or judge cannot inquire by habeas corpus into the
+      validity of arrest or detention of a person under federal authority.
+      The right to redress in such cases, if any, must be sought in the
+      Federal courts. But on the other hand Federal courts and judges may
+      inquire into the cause of the restraint of liberty of any person by
+      a state when the justification of Federal authority or immunity is
+      set up for the act complained of."--_Cyclopedia of American
+      Government_, Vol. II, p. 106.
+
+   86 Constitution of the United States, Art. I, Sec. 9, Cl. 3.
+
+      "The effect of attainder upon a felon is, in general terms, that all
+      his estate, real and personal, is forfeited; that his blood is
+      corrupted, and so nothing passes by inheritance to, from or through
+      him."
+
+      "In the United States the doctrine of attainder is now scarcely
+      known, although during and shortly after the Revolution acts of
+      attainder were passed by several of the states. The passage of such
+      bills is expressly forbidden by the Constitution."--Bouvier's _Law
+      Dictionary_, Vol. I, p. 190.
+
+      "A bill of attainder, as thought of in the United States to-day,
+      would be such law as permitted a person charged with the commission
+      of a crime, to be tried and found guilty and sentenced without being
+      present at the trial." It is one of the rules of procedure in court
+      to-day that in all criminal cases the person charged with crime must
+      be present during the entire trial. Another fundamental judicial
+      fact is that all criminal punishment terminates with the death of
+      the person found guilty; his children are exempt.
+
+   87 "An ex-post-facto law is a law which in its operation makes an act
+      criminal which was not criminal at the time the act was committed,
+      or provides a more severe punishment for criminal acts already
+      committed, or changes the rules of procedure so as to make it more
+      difficult for one accused of crime to defend in a prosecution of
+      such crime." "The prohibition relates to retroactive criminal
+      statutes providing a punishment for an act previously committed or
+      increasing the punishment making it more difficult for the accused
+      to defend, but not to retroactive laws, even though criminal, which
+      mitigate the punishment or merely change or regulate the procedure
+      without imposing any additional substantial burden on the accused in
+      making his defense."--_Cyclopedia of American Government_, Vol. I, p.
+      700.
+
+      We should keep in mind that both "bills of attainder" and "ex post
+      facto" laws have only to do with crimes and their punishment. These
+      laws do not relate to civil matters.
+
+   88 Constitution of the United States, Art. I, Sec. 8.
+
+      Titles of nobility as recognized in many European countries include
+      the following: duke, earl, marquis, viscount, and baron. These
+      titles were in part hereditary and in part acquired. They always
+      conferred special privileges both in rank and in political
+      preferment. Such titles cannot exist in a democracy because they in
+      their very nature destroy equality before the law, and that is the
+      fundamental principle of democratic government.
+
+      "The provisions prohibiting the granting of titles of nobility are
+      designed, no doubt, first to preserve equality before the law, and
+      second, to secure in perpetuity a republican form of government.
+      Such provisions are not essential to theoretical equality before the
+      law, for such equality is fundamental in the law of England
+      notwithstanding the existence of titles of nobility. But the framers
+      of the Constitution evidently contemplated a form of government in
+      which there should be no special privileges conferred by rank or
+      title. The additional provision in the Federal Constitution
+      prohibiting the acceptance by any person holding any office of
+      profit or trust under the United States of any present, emolument,
+      office or title from any foreign sovereign or power without the
+      consent of Congress, was probably intended to prevent the exercise
+      of foreign influence in governmental affairs. These articles in the
+      Constitution are substantially borrowed from the Articles of
+      Confederation."--Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. II, p. 58.
+
+   89 Constitution of the United States, Art. III, Sec. 3, Cl. 1.
+
+      Treason is defined in this article of the Constitution and therefore
+      Congress cannot define it in any other manner. Many people use the
+      word "treason" very loosely. They often speak of a person committing
+      treason when the act committed is not treasonable at all, but is
+      some less severe crime. Treason consists only in levying war against
+      the United States or in giving aid or comfort to enemies of the
+      United States.
+
+      The meaning of "two witnesses to the same overt act" is that the
+      Constitution requires that two persons will appear in court and
+      swear to the fact that they personally saw the act committed. "Overt
+      act" means "openly committed act". Chief Justice John Marshall knew
+      that in the trial of Aaron Burr it would be impossible to get two
+      persons to swear to having seen Burr commit the conspiracy, so he
+      took advantage of the technicality in the indictment and threw the
+      case out of court. This trial was held at Richmond, Virginia.
+
+      "Confession in open court" is about the only instance in which such
+      confession will convict a person charged with committing a crime. As
+      a rule a person's own confession will not be accepted as evidence
+      against him, in criminal prosecutions, because few confessions are
+      made without some threat or inducement and under the guaranty (p.
+      99) that a person cannot be compelled to be a witness against
+      himself they are excluded.
+
+   90 Constitution of the United States, Art. III, Sec. 2, Cl. 3.
+
+      Impeachment is the manner of trial fixed by the Constitution for the
+      trial and removal of Federal officers who are accused of treason,
+      bribery, and other high crimes and misdemeanors. Congress alone has
+      the power of conducting an impeachment of Federal officers. The
+      legislature of a State has the power of impeaching State officers.
+      Impeachment, as the word is commonly used, includes both accusation
+      and trial. The "Impeachment" or accusation is brought by a
+      two-thirds vote of the lower house, and the trial and conviction or
+      acquittal is carried on by the upper house. Andrew Johnson,
+      President of the United States, was impeached--i.e. he was formally
+      accused, but he was acquitted in his trial in the Senate. Conviction
+      in an impeachment proceeding causes an officer to be removed from
+      office and disqualified from ever holding any office of honor or
+      trust under the government again. A person may be convicted and not
+      given the full penalty. He may be only removed from office, but not
+      disqualified from again holding office.
+
+      It is possible that a crime may be committed on a river that forms
+      State boundaries. Where a river forms a boundary the middle of the
+      main channel is made the boundary line. It is often difficult to
+      determine on which side of the line the crime was committed, and
+      both States may then claim to have jurisdiction over the case. This
+      must be decided as any other fact in the case.
+
+      The manner of the trial in use, before jury trial was established,
+      was by ordeal or by battle. In trial either by ordeal or by battle
+      the issue was left to God to decide and He was thought to perform a
+      miracle to reveal the guilt or innocence of the accused person. One
+      form of ordeal was to compel the accused to plunge his arm into
+      boiling water and if innocent the Lord would protect him from being
+      scalded. Another form of ordeal was to compel the accused to walk
+      barefoot over hot plow shares. If innocent the Lord would again
+      protect his feet from being burned.
+
+      The first form of jury to displace the old ordeal or battle as a
+      means of deciding guilt or innocence was the "compurgators" or "oath
+      bearers". They comprised a group of men who would appear before the
+      court and give oath that the accused was not a bad man and had
+      committed no crime. They did not investigate the accusation, they
+      only testified to the good character of the accused. If a man
+      accused could not produce compurgators, he must undergo the ordeal.
+      The duty of these oath bearers gradually became more extended until
+      they became investigators, and finally became a grand jury.
+
+   91 Constitution of the United States, Art. IV, Sec. 2, Cl. 1.
+
+      "The right of a citizen of one state to pass through, or to reside
+      in, any other state, for purposes of trade, agriculture,
+      professional pursuits, or otherwise; to claim the benefit of habeas
+      corpus; to institute and maintain actions of any kind in the courts
+      of the state; to take, hold and dispose of property, either real or
+      personal; and an exemption from higher taxes or impositions than are
+      paid by the other citizens of the state; may be mentioned as some of
+      the particular privileges and immunities of citizens, which are
+      clearly embraced by the description"--Corfield vs. Coryell,
+      _Washington C. C. Rep. 380_.
+
+   92 Constitution of the United States, Art. 6, Cl. 3.
+
+      While no religious test of any kind may ever be required from any
+      officer of the United States as a condition of his being elected, or
+      holding office, public sentiment nevertheless favors Christian
+      character among the people. If a candidate for office were an
+      atheist and made public confession as to his lack of belief in God,
+      it would doubtless mitigate against his election.
+
+      "The general principle of equality of all persons before the law
+      excludes discriminations made on account of religions belief, with
+      the result that religious tests should not be made the basis of
+      political rights or for determining qualifications for office or in
+      general for the possession, exercise, or protection of civil
+      rights."--Emlin McClain, quoted in the _Cyclopedia of American
+      Government_, Vol. III, p. 176.
+
+      "This clause was introduced for the double purpose of satisfying the
+      scruples of many persons who feel an invincible repugnance to any
+      religious test or affirmation, and to cut off forever every pretence
+      of any alliance between church and state in the national
+      government"--Story's Const. Sc. 1841.
+
+   93 A glance at the motives of Europeans in coming to America will
+      reveal the fact that thousands of the best people of European
+      countries left their homes to escape either religious or political
+      persecution at the hands of the government or the king. Such was
+      true of the Huguenots of France, the Pilgrims and Puritans of
+      England, and only recently, the Jews of Russia.
+
+      The laws of "attainder" in England in the early times confiscated
+      the property of persons, however innocent they themselves might be,
+      if they were near relatives of other persons who had committed grave
+      crimes.
+
+      Before the passage of the Habeas Corpus Act of 1679 in England, any
+      person of royalty or high official standing in the government could
+      falsely accuse another person of crime and cause that innocent
+      person to languish in prison for years, or even for life, because he
+      could not get before a court of justice to establish his innocence.
+
+      In many European countries the peasants were burdened with taxes to
+      support kings and courts without the slightest representation in the
+      tax levying authority. In France, just preceding the French
+      Revolution, the peasants were obliged to purchase a certain number
+      of barrels of salt each year, without having the slightest use for
+      the salt, because the crown lands produced salt and the revenues
+      went to the king.
+
+      In many European countries a state church was established and the
+      people obliged to support it by taxes levied against their property,
+      regardless of whether it represented their religious beliefs.
+
+   94 A comparison of the provisions of the Declaration of Independence
+      with those of the Constitution will show the wrongs of the English
+      king righted by the Constitution.
+
+      Declaration of Independence.--"He has refused assent to laws the most
+      wholesome and necessary for the public good."
+
+      Constitution of the United States.--A bill if vetoed by the President
+      may be repassed by two-thirds of the senate and house of
+      representatives.
+
+      Declaration of Independence.--"He has forbidden his governors to pass
+      laws of immediate and pressing importance."
+
+      Constitution of the United States.--Congress shall have the power to
+      lay and collect taxes, duties, etc. (See Const. Art. I, �. 8.)
+
+      Declaration of Independence.--"He has dissolved representative houses
+      repeatedly, for opposing with manly firmness, his invasions on the
+      rights of the people."
+
+      Constitution of the United States.--Congress shall meet at the seat
+      of government--once each year.
+
+      Declaration of Independence.--"He has refused, for a long time after
+      dissolution, to cause others to be elected."
+
+      Constitution of the United States.--The time, place and manner of
+      holding elections for Senators and Representatives, shall be
+      prescribed in each State by the legislature thereof.
+
+      Declaration of Independence.--"He has obstructed the administration
+      of justice."
+
+      Constitution of the United States.--Jurisdiction of Courts fixed by
+      Constitution. Judges not responsible to the President, but to
+      Congress, which represents the people.
+
+      Declaration of Independence.--"He has made judges dependent on his
+      will alone."
+
+      Constitution of United States.--Judges subject to removal only by
+      impeachment by Congress.
+
+      Declaration of Independence.--"He has kept standing armies ...
+      without consent of the legislature."
+
+      Constitution of the United States.--"Congress shall have power to
+      raise and support armies." "To provide and maintain a navy."
+
+      Declaration of Independence.--"For transporting us beyond seas to be
+      tried for pretended offenses."
+
+      Constitution of the United States.--"Such trial shall be held in the
+      state where said crime shall have been committed."
+
+      Declaration of Independence.--"For depriving us, in many cases, of
+      the right of trial by jury."
+
+      Constitution of the United States.--"The trial of all crimes, except
+      in case of impeachment, shall be by jury."
+
+      Declaration of Independence.--"For quartering large bodies of armed
+      troops among us."
+
+      Constitution of the United States.--"No soldier shall in time of
+      peace, be quartered in any house without the consent of the owner."
+
+      Declaration of Independence.--"For imposing taxes on us without our
+      consent."
+
+      Constitution of the United States.--"Congress shall have power to
+      levy and collect taxes."
+
+   95 On December 2, 1917, in New York City, in a meeting of men who
+      called themselves Bolshevists and I. W. W.'s, the following
+      paragraph was an introduction to a set of resolutions drawn up: "We
+      are the Bolshevists of America. We denounce governments,
+      institutions and society; we hail social revolution and the
+      destruction of the existing order of things."
+
+      In the preamble to the Constitution of the Independent Workers of
+      the World (I. W. W.) we find this statement: "The working class and
+      the employing class have nothing in common. Between these two
+      classes the struggle must go on, until the workmen of the world
+      organize as a class, take possession of the earth and the machinery
+      of production, and abolish the wage system. Our motto is--_The
+      abolition of the wage system._"
+
+      How foolish is the above statement that the working class and the
+      employing class have nothing in common. The truth of the matter is
+      that they have everything in common. Every employer--almost without
+      exception--was once a workman. He was a successful workman, therefore
+      he became more than a workman--he became an employer. Furthermore,
+      workmen cannot exist without employment. Neither can employers exist
+      without the workmen. They are not only each concerned in the welfare
+      of the other; neither can exist without the other.
+
+      The following is another passage taken from the resolutions drawn up
+      by the Bolshevists in which they say the general strike is their
+      weapon of defense: "We will strike for a six hour day, then for a
+      four hour day, then for a two hour day, with increased wages all the
+      time, and then we will be strong enough to take everything and work
+      no more."
+
+      We wonder how any sensible man can believe such logic as this. Was
+      it not Saint Paul who said that if any man would not work neither
+      should he eat.
+
+      The Socialist party platform of 1912 declared in favor of the
+      abolition of the United States Senate, the amendment of the
+      Constitution of the United States by a majority vote of the people,
+      the election of judges for short terms of office, the denial of the
+      right of the U. S. Supreme Court to declare the acts of Congress
+      void.
+
+   96 Article V of the Constitution of the United States provides for the
+      amendment of that fundamental law of the country. It says amendments
+      may be proposed by a bill for amendment being introduced into either
+      house of Congress and passing each house by a two-thirds vote, or
+      secondly, by the State legislatures of two-thirds of the States
+      demanding that Congress call a national convention in which
+      amendments may be proposed. If these proposed amendments are
+      ratified by the legislatures of three-fourths of the States or by
+      conventions called in three-fourths of the States, they become an
+      integral part of the Constitution.
+
+   97 Some of this good legislation includes: Child Labor Laws; Workmen's
+      Compensation Laws; Industrial Insurance for Workingmen; Compulsory
+      Education; Pure Food Laws; Better Sanitary Conditions in Factories;
+      Safety Appliances; Free Medical Inspection for School Children; and
+      Care of the Poor.
+
+   98 If you read carefully the fifth article of the Constitution of the
+      United States, you will learn that the Constitution may be amended
+      either by the people's representatives who sit in Congress, and in
+      State legislatures, or by the legislatures of the States demanding
+      that a National convention shall be called in which the people may
+      choose the members Which ever method of amending the Constitution is
+      used, it is the people who exercise the power of changing the
+      Constitution.
+
+   99 Every teacher in every public school ought to feel in duty bound to
+      teach the fundamental principles of the Constitution to all the
+      children in the school. A recitation period ought to be set aside
+      each day for the study of civics of the community, of the locality,
+      of the State, and of the United States. Every pupil in every public
+      school ought to feel proud of the opportunity to learn how his
+      government is made and how his government works, how he may become a
+      helpful citizen by being an intelligent voter when he comes to be a
+      man. Adult people ought to organize civic clubs in the community for
+      the discussion and study of questions of government and politics.
+
+  100 The following suggestions have been made by good, honest people who
+      have their country's welfare at heart. Thus far the people as a
+      whole have not advocated their adoption, but some of them may be
+      made part of the Constitution in time to come.
+
+      a. The direct popular election of President and Vice President of
+      the United States.
+
+      b. The adoption of the initiative, referendum, and recall in the
+      National government.
+
+      c. Federal legislation governing both marriage and divorce
+      throughout the Nation.
+
+      d. Federal jurisdiction over all cases affecting foreigners--for
+      example in instances like the Italian riot in New Orleans, or in the
+      Japanese problem on the Pacific coast.
+
+  101 The following is a brief outline of the various attempts at union
+      among the colonies.
+
+      (a) 1643-1684--New England Confederation: Massachusetts Bay;
+      Plymouth; Connecticut; New Haven.
+      (b) 1684--Albany Council.
+      (c) 1690--First Colonial Congress.
+      (d) 1696--William Penn's Plan.
+      (e) 1701--Robert Livingston's Plan.
+      (f) 1722--Plan of Daniel Cox.
+      (g) 1754--Plan of Rev. Mr. Peters.
+      (h) 1754--Plan of the Lords of Trade.
+      (i) 1754--Albany Plan.
+      (j) 1765--Stamp Act Congress.
+      (k) 1774--First Continental Congress.
+      (l) 1775--Second Continental Congress.
+      (m) 1781--Congress of the Confederation.
+      (n) 1787--The Federal Convention.
+      (o) 1789--The New Government.
+
+      The chief reasons keeping the colonies apart were:
+
+      1. Natural geographical divisions--North, Middle, and South.
+      2. The great differences in size--Virginia many times larger than
+      Rhode Island.
+      3. The instinct of local self government.
+      4. Character of settlers and the motives in making settlements.
+      5. The slave question, especially after 1750.
+      6. Their different forms of government--Royal, Proprietary, Charter.
+
+      The very first attempt at constitution making in the colonies was
+      the Mayflower Compact, adopted on board the ship Mayflower before
+      landing on December 20, 1620. It reads as follows: "We, whose names
+      are underwritten, the loyal subjects of our dred soveraigne King
+      James, by the grace of God, of Great Britain, France and Ireland
+      King, defender of the faith, etc. having undertaken, for the glory
+      of God, and advancement of Christian faith and honor of our king and
+      country, a voyage to plant the first colony in 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 hereunder subscribed our names, at Cape
+      Cod, the 11th of November, in the year of the reign of our sovereign
+      lord, King James, of England, France and Ireland the eighteenth, and
+      of Scotland the fifty-fourth, Anno Domini."
+
+      The first real attempt at formal constitution making was the
+      "Fundamental Orders of Connecticut", 1639. These "Orders" formed an
+      elementary constitution with three departments of government and the
+      duties and powers of each department fairly well set forth. The
+      Fundamental Orders are frequently referred to as the first written
+      constitution in America.
+
+      The Articles of Confederation were made by the _thirteen States_ in
+      the name of the _States_. The Constitution was made by the
+      _delegates of the people_ in the name of the _people of the United
+      States_. The first was a _compact_ or friendly agreement; the second
+      was a _contract_ or binding union.
+
+  102 Great modifications have been made in nearly all of the State
+      Constitutions, an excellent analysis of which may be found in
+      Bryce's _American Commonwealth_ (Third Edition), Vol. I, p. 443.
+
+  103 Since the alliance of the original thirteen States, thirty-five have
+      been admitted into the Union by acts of Congress either directing
+      the people to select delegates and enact a Constitution or accepting
+      a Constitution already made by the people. An illustration of the
+      former method of procedure is offered in 25 U. S. St. at L. 676 c
+      180, providing for the admission of North Dakota, South Dakota,
+      Montana, and Washington into the Union, and of the latter in 26 U.
+      S. St. at L. 215 c 656; 222 c 664, providing for the admission of
+      Idaho and Wyoming. "Of these instruments (State Constitutions),
+      therefore, no less than of the Constitutions of the thirteen
+      original States, we may say that although subsequent in date to the
+      Federal Constitution, they are, so far as each state is concerned de
+      jure prior to it. Their authority over their own citizens is nowise
+      derived from it."--Bryce's _American Commonwealth_ (Third Edition),
+      Vol. I, p. 431.
+
+  104 "A constitution is an instrument of government, made and adopted by
+      the people for practical purposes, connected with the common
+      business and wants of human life. For this reason pre-eminently
+      every word in it should be expounded in its plain, obvious and
+      common sense."--Per Allen J., in Peo v. New York, Cent. R. Co., 24 N.
+      Y. 485, 486.
+
+  105 Legislatures cannot change Constitutions. "I consider the people of
+      this country as the only sovereign power. I consider the legislature
+      as not sovereign, but subordinate; they are subordinate to the great
+      constitutional charter, which the people have established as a
+      fundamental law and which alone has given existence and authority to
+      the legislature."--Per Roane, J. in Kanper v. Hawkins, 1 _Va. Cas._
+      20, 86.
+
+  106 "Some of the state constitutions provide for periodically submitting
+      to the voters the question whether a convention shall be called to
+      revise and amend the constitution. Regardless of whether or not
+      provision is made for periodical resubmission of the question of
+      calling a convention, the constitutions usually provide that the
+      legislature may, of its own volition, submit to a vote of the people
+      the question whether a convention shall be called, and subject to
+      any existing constitutional limitations, may prescribe the time and
+      manner of electing delegates to such convention."
+
+  107 Teachers and school officers can perform no higher duty, can render
+      no greater service to America, than to encourage the use of school
+      buildings for public gatherings. They should be real community
+      centers. In the city of Minneapolis, the Superintendent of Schools
+      has recently reported that for the year ending July 1st, 1920, there
+      were 5070 meetings held in the public school buildings, with a total
+      attendance of 325,734 persons. There were 1434 cultural meetings,
+      751 civic sessions, 2501 recreative gatherings, and 334 social
+      festivals. Rural consolidated school buildings ought always be
+      planned for civic centers as well as school-houses. They ought to
+      provide a large assembly hall where community gatherings may be
+      held. They ought to provide a large and well equipped gymnasium
+      where both children and adults may enjoy athletic contests and
+      indoor games. These buildings ought to be open to the people every
+      evening during the week if the attendance warrants.
+
+  108 One mark of good citizenship is the respect shown to emblems of
+      authority. All good citizens rise to their feet and remain standing
+      during the playing or singing of the National anthem. We ought to
+      cultivate such habits until they become reflex: i. e. until we do
+      them as a matter of course without being told by the teacher in
+      school or by the leader of the choir or some other person.
+
+      Every school boy and girl ought to commit to memory the words of the
+      Star Spangled Banner and of America. The teacher can make the
+      singing of patriotic songs and the learning of patriotic poems and
+      speeches a part of the opening exercises of the school. Poems and
+      speeches learned in childhood will generally remain with us
+      throughout life.
+
+  109 Radicalism of thought and action can generally be traced to the
+      segregation of the people into small groups where the individual is
+      alone in his thinking. Association and cooperation tend to break up
+      individualism. Where men and women come together in thought and
+      consideration, there is always developed a tendency toward
+      moderation. Our present day complex society demands that every
+      individual yield something for the good of the whole community. The
+      yielding process is a moderating process. Anarchy stands for the
+      division of society into individuals where each individual becomes
+      selfish and dominating over others around him. Loyalty to the Nation
+      and the State requires that the individual shall cooeperate with his
+      neighbor and that he shall work in harmony with other people in the
+      community. If people would more often assemble and discuss the needs
+      of the entire community and how each may help to make the entire
+      community better, we would have less of class distinction and more
+      of social harmony and of economic prosperity.
+
+  110 Republican government is government by the people through their
+      chosen representatives. Republican government can only be good
+      government and effective government, when every qualified voter will
+      assume his full duty in helping carry on the government. This duty
+      is exercised through the casting of an intelligent ballot on
+      election day. In the presidential election of 1908 the percentage of
+      qualified voters actually voting ranged from 15.8 per cent to 88.1
+      per cent, the average for all States being 60.5 per cent.
+
+  111 In colonial times in America there was nothing like universal
+      manhood suffrage. One-half of all the colonies required church
+      membership for a suffrage right. By about 1700 all colonies required
+      ownership of property for voting. This was not entirely abolished
+      until about 1850. The State of Rhode Island still requires property
+      to the extent of $134 for voting in municipal elections.
+
+      The colony of Virginia required the holding of a freehold of fifty
+      acres of land without a house, or twenty-five seres of land with a
+      house at least twelve feet square. Pennsylvania required a freehold
+      of fifty acres with twelve acres improved.
+
+      In most colonies a greater property qualification was required for
+      voting for members of the upper house of the legislature than for
+      members of the lower house.
+
+      Several colonies and early States limited office holding to
+      Protestants.
+
+      The Constitution of the United States now declares that no State
+      shall deny to any person the right to vote because of _race_,
+      _color_, or _previous condition of servitude_, or _because of sex_.
+      The Nineteenth Amendment enables women to vote on an equality with
+      men.
+
+      A State may add further qualifications for voting, but no State may
+      deny the right to vote for any of the above reasons. Several States
+      have added literacy tests for voting, and others have denied the
+      right to vote to such as are insane or who have been convicted of
+      crime, unless pardoned by the Governor. A few States deny suffrage
+      to those whose taxes are delinquent.
+
+  112 The following countries of the world have equal suffrage: New
+      Zealand, 1893; South Australia, 1895; West Australia, 1900; The
+      Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904;
+      Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913;
+      Norway, 1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark,
+      1915; England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919;
+      Luxemburg, 1919; Germany, 1919; Austria, 1919. In no other country
+      in the world is the right of suffrage more fully granted than in the
+      United States since the adoption of the Nineteenth Amendment.
+
+  113 "Any government is free to the people under it (whatever be the
+      frame) where the laws rule and the people are a party to those
+      laws."--William Penn.
+
+  114 "It is, Sir, the people's Constitution, the people's government,
+      made for the people, made by the people and answerable to the
+      people."--Daniel Webster.
+
+  115 "In truth success cannot be expected from any system of government
+      unless the individuals who compose the State entertain the respect
+      for the personal rights and liberties of all."--David Jayne Hill.
+
+  116 "We cannot, we must not, we dare not, omit to do that which, in our
+      judgment, the safety of the Union requires."--Daniel Webster.
+
+  117 "Americanization always implies obligation; free choice determines
+      its acceptance, and its extension must come through avenues of
+      intelligent comprehension rather than through physical or
+      governmental domination."--Winthrop Talbot.
+
+  118 "The fundamental evil in this country is the lack of sufficiently
+      general appreciation of the responsibility of citizenship."--Theodore
+      Roosevelt.
+
+      Teachers of children may well place greater emphasis on _ideals_,
+      _character_, and _personality_ as factors in the making of a Nation.
+      Teachers ought to lay greater stress on biography in the teaching of
+      history, civics, and citizenship. Teach children both to know and to
+      love Washington, Lincoln, and Roosevelt. Teach older pupils and
+      students to realize that the aims, ideals, and achievements of a
+      Nation can never be higher than the aims, ideals, and achievements
+      of the individuals comprising that Nation. To know the lives and
+      characters of America's great men and women is to know American
+      history, for they made American history what it is. Young people
+      enjoy the study of great characters. We all retain a love for heroes
+      and heroines however old we grow. Such study adds color and life to
+      history and government and humanizes the entire subject. Teach lives
+      and institutions rather than mere facts. Inculcate into the lives of
+      boys and girls, and of men and women, a love for our country, for
+      the men and women who made it, and for the institutions in which
+      they have a part. Teach them that patriotism and loyalty are not
+      duties only, but are rather the highest privileges given to the
+      people of a republic.
+
+
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION***
+
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