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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 Shall Any Part Be Repealed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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