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Wade and William F. Russell</p></div><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><p class="tei tei-p" style="margin-bottom: 1.00em">This eBook is for the use of anyone anywhere at no cost + and with almost no restrictions whatsoever. You may copy it, + give it away or re-use it under the terms of the Project + Gutenberg License <a href="#pglicense" class="tei tei-ref">included with this + eBook</a> or online at <a href="http://www.gutenberg.org/license" class="tei tei-xref">http://www.gutenberg.org/license</a></p></div><pre class="pre tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em">Title: The Short Constitution + +Author: Martin J. Wade and William F. Russell + +Release Date: January 3, 2011 [Ebook #34839] + +Language: English + +Character set encoding: UTF-8 + + +***START OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION*** +</pre></div> + </div> + <div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + + </div> + + <hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.73em"><span style="font-size: 173%">The Short Constitution</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.20em"><span style="font-size: 120%">Elementary Americanism Series</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Being a Consideration of the +Constitution of the United States, With Particular Reference to the Guaranties of Life, +Liberty, and Property Contained Therein, Sometimes Designated The Bill Of Rights</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">By</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">Martin J. Wade</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Judge of the United States District Court</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">And</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">William F. Russell</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Dean of the College of Education, University of Iowa</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Annotations By</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.44em"><span style="font-size: 144%">Charles H. Meyerholz</span></p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Professor of Social Science, Iowa State Teachers College</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Third and Revised Edition</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">American Citizen Publishing Co.</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Iowa City</p> + <p class="tei tei-p" style="text-align: center; margin-bottom: 1.00em">Copyright, 1920, 1921</p> + </div> + <hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Contents</span></h1> + <ul class="tei tei-index tei-index-toc"><li><a href="#toc1">About The Authors</a></li><li><a href="#toc3">Preface</a></li><li><a href="#toc5">I. The Judge's First Talk</a></li><li><a href="#toc7">II. Government</a></li><li><a href="#toc9">III. Liberty</a></li><li><a href="#toc11">IV. America—A Democracy</a></li><li><a href="#toc13">V. America—A Republic</a></li><li><a href="#toc15">VI. Law</a></li><li><a href="#toc17">VII. The Constitution</a></li><li><a href="#toc19">VIII. Making The Constitution</a></li><li><a href="#toc21">IX. Freedom</a></li><li><a href="#toc23">X. Military Provisions</a></li><li><a href="#toc25">XI. Search Warrant And Indictment</a></li><li><a href="#toc27">XII. Rights Of Accused</a></li><li><a href="#toc29">XIII. Life, Liberty, And Property</a></li><li><a href="#toc31">XIV. Criminal Trials</a></li><li><a href="#toc33">XV. The Indictment</a></li><li><a href="#toc35">XVI. Guarding Rights In Court</a></li><li><a href="#toc37">XVII. Punishment</a></li><li><a href="#toc39">XVIII. Equal Rights Of Citizens</a></li><li><a href="#toc41">XIX. Writ Of Habeas Corpus</a></li><li><a href="#toc43">XX. Other Prohibited Laws</a></li><li><a href="#toc45">XXI. Titles, Gifts, Treason</a></li><li><a href="#toc47">XXII. Jury, Except In Impeachment</a></li><li><a href="#toc49">XXIII. Wrongs Under King George</a></li><li><a href="#toc51">XXIV. Shall Any Part Be Repealed</a></li><li><a href="#toc53">XXV. Amending The Constitution</a></li><li><a href="#toc55">XXVI. Machinery Of The Government</a></li><li><a href="#toc57">XXVII. State Constitutions</a></li><li><a href="#toc59">XXVIII. The Suffrage</a></li><li><a href="#toc61">A Word To The The Teachers And Others</a></li><li><a href="#toc63">Declaration Of Independence</a></li><li><a href="#toc65">Constitution Of The United States</a></li><li><a href="#toc67">Articles In Addition To, And Amendment Of The Constitution Of +The United States Of America, Proposed By Congress, And Ratified +By The Legislatures Of The Several States Pursuant To The Fifth +Article Of The Original Constitution</a></li><li><a href="#toc69">Footnotes</a></li></ul> + </div> + + </div> +<div class="tei tei-body" style="margin-bottom: 6.00em; margin-top: 6.00em"> + +<span class="tei tei-pb" id="page003">[pg 003]</span><a name="Pg003" id="Pg003" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What Has America +Done For Me And +For My Children? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This question may not be +spoken, but it is in the +hearts of millions of +Americans to-day. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All those who attempt +to teach Americanism to +foreigners, <em class="tei tei-emph"><span style="font-style: italic">and to Americans</span></em>, +must be prepared <em class="tei tei-emph"><span style="font-style: italic">to answer +this question</span></em>. <em class="tei tei-emph"><span style="font-style: italic">It can only be +answered</span></em> by teaching the individual +guaranties of the Constitution of +the United States, and of the States, +which protect life and liberty and +property. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">It can only be answered</span></em> by convincing +the people that this is a +land of justice and of opportunity +for all; that if there be abuses, +they are due not to our form of +government, but that the people +are themselves to blame, because of +<span class="tei tei-pb" id="page004">[pg 004]</span><a name="Pg004" id="Pg004" class="tei tei-anchor"></a> +their ignorance of their rights, their +failure to realize their power, and +their neglect of those duties which +citizenship imposes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All over the land earnest men and +women are endeavoring to teach +the great truths of Americanism, +and with substantial success; but +those who understand human +nature realize that the faith of our +fathers can only be firmly established +by lighting the fires of +patriotism and loyalty in the hearts +of our children. Through them the +great truths of our National life +can be brought into the homes of +the land. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And the Nation will never be safe +until the Constitution is carried +into the homes, until at every fireside +young and old shall feel a new +sense of security in the guaranties +which are found in this great charter +of human liberty, and a new feeling +of gratitude for the blessings which +it assures to this, and to all future +generations. +</p> + +</div> + +<span class="tei tei-pb" id="page007">[pg 007]</span><a name="Pg007" id="Pg007" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc1" id="toc1"></a> +<a name="pdf2" id="pdf2"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">About The Authors</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For a work designed to promote education in the +spirit of American citizenship it would be difficult to +imagine a more competent authorship than that which +has been provided for <span class="tei tei-q">“The Short Constitution”</span>. Either of the +writers alone would have produced a book of high standing +in this field; the collaboration of the two makes it a remarkable +production in its adaptation to the subject for home +reading, the study club, and the school curriculum. It is +unique, and has justly been termed <span class="tei tei-q">“the first real attempt to +popularize Constitutional law.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Federal Judge Martin J. Wade has had a varied contact +with people in his long experience as practicing attorney, district +judge, member of Congress, and Judge of the United +States Court. A well known Iowa publicist, he has gained +nation wide fame as a public speaker and writer on Americanization +and citizenship topics, basing his themes on first-hand +experiences with conditions which have produced much unrest +throughout the Nation. As a member of the State +Council of National Defense during the World War, and as +presiding judge at the trial of many obstructionists in that +period, he conceived the idea of the need for a school of +Americanism, to teach what our country has done for its +citizens. Clearness and eloquence mark his public addresses, +and have enriched the arguments and illustrations of this +first book of the <span class="tei tei-q">“Elementary Americanism Series”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Dean William F. Russell was the educational adviser sent +with a group of experts by appointment of the President of +the United States to advise disorganized Russia during the +latter part of the World War; and also one of the five members +of the China Educational Commission of North America, +sent to China in 1921. His course of study in American +<span class="tei tei-pb" id="page008">[pg 008]</span><a name="Pg008" id="Pg008" class="tei tei-anchor"></a> +citizenship, written at the request of the National Masonic +Research Society for use throughout the United States, was +inspired by the observation that the government in Russia, +in contrast with our own, was an agency that took money +for its coffers and boys for its armies and gave nothing in +return. In addition to his work as Dean of the College of +Education of the State University of Iowa, and his record as +a widely-known lecturer on educational topics, he has found +time to write school texts notable for accurate and concise +statement, adapted to arousing and sustaining interest in the +student mind. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The authors have done more than present the facts about +the Constitution of the United States, with particular emphasis +on its personal guaranties. They have vitalized a +topic generally thought to be dry and technical. They have +succeeded in making the Constitution seem to be what it is, +a factor of first importance in the daily life of the average +citizen. It is not too much to say that the seed of this book +should be planted in every home in America. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The admirable work of annotation by Professor Chas. H. +Meyerholz, Professor of Social Science in the Iowa State +Teachers College, gives much additional material for elementary +and advanced study. Professor Meyerholz is well known +as an authoritative teacher, writer, and lecturer on subjects +pertaining to government, and has done much valuable +Americanization work. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The elementary and advanced questions at the end of each +chapter will serve as a guide to all teachers and leaders of +study classes. The text of the Declaration of Independence +and the Constitution of the United States, with the original +capitalization and punctuation preserved, and an abridgement +of a State Constitution, printed at the end of the book, +are valuable for reference. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">The Publisher</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page009">[pg 009]</span><a name="Pg009" id="Pg009" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc3" id="toc3"></a> +<a name="pdf4" id="pdf4"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Preface</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Short Constitution”</span> is one of a series of +volumes entitled <span class="tei tei-q">“Elementary Americanism”</span>, intended +for use in the home, the club, the school, and +in general Americanization work. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is our hope that regular courses in <span class="tei tei-q">“Americanism”</span> will +soon be established in all schools, colleges, and universities. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We use the term <span class="tei tei-q">“Americanism”</span> because we feel that it +signifies something broader, deeper, and more appealing than +any title now used in the schools in the teaching of American +government, or citizenship, or the rights and duties of the +citizens of the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We like the term <span class="tei tei-q">“America”</span> better than <span class="tei tei-q">“the United +States”</span>. <span class="tei tei-q">“The United States”</span> suggests boundaries, codes, +and constitutions. <span class="tei tei-q">“America”</span> suggests all these and then it +suggests <em class="tei tei-emph"><span style="font-style: italic">spirit</span></em>. There <em class="tei tei-emph"><span style="font-style: italic">is</span></em> such a thing as <span class="tei tei-q">“Americanism”</span>. It +includes all there is of information relating to our country; +but it also has a soul <span class="tei tei-q">“Americanism”</span> relates to democracy, +into which enter all the ideals, all the impulses and emotions +of men, women, and children. <span class="tei tei-q">“Americanism”</span> teaches not +only the relation of the States to the National government, +and the relation of citizens to both the State and the National +government, but it also teaches the relation of men, +women, and children to each other. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is a government by the people, and therefore we must +understand the people in order that we, the people, may govern. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To arouse patriotism and loyalty we must do more than +develop the powers of the mind, do more than expand the +field of knowledge. We must inspire in the heart faith, confidence, +and love. Men must not only learn how to govern, +but they must learn how to be governed. We must not only +learn to command, but also to obey. Our spirits must be so +<span class="tei tei-pb" id="page010">[pg 010]</span><a name="Pg010" id="Pg010" class="tei tei-anchor"></a> +molded that we can submit to duly constituted authority, +submission to which is the most lofty expression of American +patriotism. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Submission to authority in America is submission to law, +for no man in this country has any authority to command or +direct a fellowman, except as the law made by the people +vests him with such authority. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To inspire devotion to our country we must arouse in the +hearts of our people a sense of gratitude for the blessings +which come to us because we live in free America, gratitude +for the rights and liberties which we possess, which are protected +by the guaranties of a written Constitution adopted by +the people themselves. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is only one way in which the average person may +be brought to see what America has done for him, and that +is by contrasting the rights, privileges, and opportunities +which he has with those possessed by others in the same walk +of life before the Constitution became the bulwark of the people +against injustice and wrong. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The aim of <span class="tei tei-q">“The Short Constitution”</span> is to present, in a +form as simple as possible, a definite knowledge of all the +personal guaranties of the Constitution, with an explanation +of what they mean, and what they have done in the advancement +of human happiness; and a brief explanation of +the machinery of government provided by the Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Everyone who understands human nature will admit that +to mold the spirit, to inspire faith, and to excite gratitude +training must begin in childhood. The child must learn: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +(a) What authority means. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +(b) The source of authority. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +(c) In whom authority rests: in the parent, in the teacher, +and in public officers selected by the people to enforce +the authority of the community, the State, and of +the Nation. +</span></p> + +<span class="tei tei-pb" id="page011">[pg 011]</span><a name="Pg011" id="Pg011" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +(d) How the authority of the people, the community, the +State, and the Nation is expressed through laws which +are nothing but rules of human conduct. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +(e) How we should respect authority and submit to +authority. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +(f) How and by whom those who will not yield obedience +to authority out of respect will be compelled to obey +by punishment. +</span></p> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We have adopted a new method of presenting this subject. +In this country authority is largely administered +through the courts. Judges of the courts construe the Constitution +and the laws; and, generally with the aid of a jury, +determine rights and wrongs, and enforce justice through +their judgments and decrees. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We therefore feel that the subject <span class="tei tei-q">“Americanism”</span>, presented +through the spoken word of a judge, will better gain +and hold the attention of the pupil than in any other way. +We have the teacher invite Judge Garland to deliver a series +of <span class="tei tei-q">“Talks”</span> to the pupils, which are herein presented. By +this direct method greater freedom of expression is permitted +and with the aid of notes greater brevity is possible. In these +<span class="tei tei-q">“Talks”</span> considerable apparent repetition will appear. This is +essential to thorough understanding. Without reiteration it +is impossible to accomplish our purpose which is not only to +enlighten, but to inspire. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Our endeavor is to present the subject not from the standpoint +of the government, but from the standpoint of the +people. The <em class="tei tei-emph"><span style="font-style: italic">rights of the people</span></em> are of first importance in a +Nation where men, women, and children are free. The State +and the Nation have no rights except those given them by the +people. Strictly speaking the Nation and the States have no +<span class="tei tei-q">“rights”</span> but only the duty to exercise certain powers in the +protection of the liberties of the people. +</p> + +<span class="tei tei-pb" id="page012">[pg 012]</span><a name="Pg012" id="Pg012" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In America the rights of the people are supreme. The +state exists for man, not man for the state. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To gain substantial results we must rely largely upon the +industry and enthusiasm of the instructors. We are sure they +will realize that in the <span class="tei tei-q">“upbuilding of the spirit”</span> a proper atmosphere +must be created and maintained. Doctor Steiner +wisely said, <span class="tei tei-q">“Religion cannot be taught, it must be caught”</span>. +In other words religion is of the spirit; so is patriotism. <em class="tei tei-emph"><span style="font-style: italic">Always +bear in mind that in presenting the Constitution we +are teaching human rights under the Constitution.</span></em> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is more than a century since the Constitution was ratified, +and, so far as we have knowledge, this is the first direct +attempt to translate its guaranties into the language of the ordinary +man, woman, and child. We demand respect for, and +loyalty to the Constitution, but the truth is that the ordinary +citizen has no knowledge of the relation of the Constitution +to his life or to the life of his children. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span style="font-variant: small-caps">The Authors</span></span> +</p> + +</div> + +<span class="tei tei-pb" id="page013">[pg 013]</span><a name="Pg013" id="Pg013" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc5" id="toc5"></a> +<a name="pdf6" id="pdf6"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">I. The Judge's First Talk</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Reasons For The Study Of The Constitution Of The +United States</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For several days there had been an air of expectancy about +the school. At Monday's assembly the teacher had announced +that she had persuaded Judge Garland to come to +talk to the teachers and pupils about the Constitution of their +country and about the law, the rights, the powers, and the +duties of the people. A real live judge was coming! Most of +the children had never seen a judge. The word inspired a +sort of dread. They had read of men being sentenced to +prison. They expected to see a fierce, hard-hearted man. +Some of the younger children had wondered if it would be +possible to stay away from the assembly room when the +judge was there, but the teacher said that everyone should +be present. So important was the subject that the teachers +were to be there, too; and many fathers and mothers that +could spare the time were also invited. The principal had +said that he would not miss a meeting. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So when Friday came the assembly room was crowded. +All the pupils and teachers were there, and in the rear of +the room were a few of the parents. The door opened and +the principal of the school entered. By his side was a man +whose gray hair and serious countenance told of years of +responsibility. He did not appear <span class="tei tei-q">“fierce”</span>. Rather his +face was kind and his eyes twinkled as he ascended the platform +and stood looking out over the faces before him. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The principal introduced Judge Garland who bowed and +began his series of talks to the children. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Well my friends, I am glad to see you. I am delighted to be +<span class="tei tei-pb" id="page014">[pg 014]</span><a name="Pg014" id="Pg014" class="tei tei-anchor"></a> +back in a school room again. It is many years ago, though +it seems but a short time, since as a schoolboy I sat in a +school room like this, among boys and girls like you. I suppose +that I studied about as you study, and did not recite +any better than you recite. I thought I had to work very +hard, and I remember that I often looked out of the open +window of the school room when the summer sun was warm, +and I thought I could hear the trees, the grass, the stream, +and even the fish calling me to quit study and come out to +joy and freedom. I know it was a real temptation. I could +have had a good time, but I have often been glad since that +I obeyed my teacher, my parents, and the law, and continued +my studies in school. I am glad, because I now realize how +much easier, how much happier, and how much more useful +my life has been because I did not listen to the voice of temptation +which called me from work to play.<a id="noteref_1" name="noteref_1" href="#note_1"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">1</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Since those pleasant school days I have seen much of +human life. On the bench now for over twenty-five years, +I have been compelled to deal with all sorts of people, even +the little children who early in life sometimes drift from the +path of right to ways of wickedness. I have served as judge +of the Juvenile Court, and judge of the court in which the +worst criminals are tried. I have heard the cases of thousands +of persons on trial for crimes, men and women, young and +old. I have sent hundreds to prison, and I have been compelled +to sentence some to death. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In this experience, I have learned something of how easy +it is, unless we are on our guard, to sin against the laws of +our country, and against the laws of God. I have observed +that the average person does not fully appreciate the value of +liberty until he is about to lose it.<a id="noteref_2" name="noteref_2" href="#note_2"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">2</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I also know that most people do not know the worth of the +protection which our Constitution gives to each one of us, +until someone is about to take away their right to life, or to +<span class="tei tei-pb" id="page015">[pg 015]</span><a name="Pg015" id="Pg015" class="tei tei-anchor"></a> +liberty, or to property; and then they cry out for help. If +they are right in their appeal, they always find help in the +Constitution and in the law of the land. Yet it is true that +there is much real ignorance about our country, our Constitution, +and our laws. There is even much ignorance of these +things among people who are supposed to be well educated. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So I was pleased when your teacher came to me the other +day asking me to come to your school a couple of times a +week, to talk to you about our country, our Constitution, and +our laws. I am happy to be able to comply with her request. It +is a difficult subject for children, yet children must study these +things, and learn them. There is no more important subject.<a id="noteref_3" name="noteref_3" href="#note_3"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">3</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +One of the chief objects of furnishing free education to +children, rich and poor, is to make of them good law-abiding +citizens; citizens who know what authority is; citizens who +will obey the voice of authority; citizens who realize that +authority in this country rests in the people themselves; citizens, +men and women, who realize that they owe a duty to +their country and their fellowmen to do all they can to +keep America the most free and the most just country in +the world.<a id="noteref_4" name="noteref_4" href="#note_4"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">4</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No American child should leave school without a full +knowledge of the government of our country; nor until he +has in his heart loyal devotion to America, and to the Stars +and Stripes, the emblem of the free. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course I do not expect you to learn all there is to be +known about your government. However I do expect you +to know the great fundamental truths which after all are +very simple and easily understood. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am not endeavoring to make lawyers. I am not trying +to train you to become lawyers. You know nearly all the +children in the American schools have to learn something +about physiology and hygiene, but not in order to become +doctors. They study physiology and hygiene in order to +<span class="tei tei-pb" id="page016">[pg 016]</span><a name="Pg016" id="Pg016" class="tei tei-anchor"></a> +understand the ordinary rules of health, so that they may +protect themselves as far as possible against disease and take +care of their bodies intelligently. Of course sickness will +come. Then you must call the doctor. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Well, so it is in this course. I want you to know enough +about your government, your Constitution, and your laws—because +these things are yours—so that you, as members of +this great society called America, will be able to understand +your rights and duties, your privileges, your opportunities, +and your obligations. Sometime in your life your problem +may become so difficult, or your rights may become so endangered, +that you will have to call upon a lawyer, just as +when illness comes you call upon your physician.<a id="noteref_5" name="noteref_5" href="#note_5"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">5</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No one knows anything of real worth about his country +until he knows its Constitution. No one can have in his heart +a full measure of gratitude for the blessings of living in a free +country, until he knows of how fully the Constitution guards +every right and privilege which we hold dear. So we shall +enter upon the study of the Constitution of our country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But in order that you may better understand the Constitution +of your country, in order that you may better study +the problems which will be presented to you in this course, +it is necessary for you to understand something, in a general +way at least, of four separate things—<span class="tei tei-hi"><span style="font-style: italic">Government</span></span>, +<span class="tei tei-hi"><span style="font-style: italic">Liberty</span></span>, +<span class="tei tei-hi"><span style="font-style: italic">Authority</span></span>, and <span class="tei tei-hi"><span style="font-style: italic">Law</span></span>. +So before talking to you of the Constitution, +I shall talk to you on these subjects.<a id="noteref_6" name="noteref_6" href="#note_6"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">6</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I know it will not be easy for you at first to understand +some of the words and expressions which it is necessary for +me to use. It will be necessary for me to repeat to some extent, +from time to time, but I feel satisfied that if we will +work together in the right spirit, you will find the matter interesting; +and I am sure that the great truths, the great principles +of life, conduct, and action will soon become clear to +your minds. +</p> + +<span class="tei tei-pb" id="page017">[pg 017]</span><a name="Pg017" id="Pg017" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The important thing to realize at all times is that we are +not talking about something away off in which we have slight +interest, but that we are talking of things which are ours, +which affect every one of us, not in the future, but now. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I can recall a number of faces of men who have been before +my court charged with crimes, who in childhood were +sitting where you are sitting to-day. I have sentenced some +of them to long terms of years in the penitentiary. I was +compelled to take away from them their liberty, because they +had shown themselves unworthy, and had shown themselves +rebels against the authority of their country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +On the other hand, I recall those who came into court +seeking protection of their rights against wrongdoers—against +those who would take away their property, the earnings +perhaps of a lifetime; and in court they found protection, +justice, and right. But in administering justice and +right, the court was only applying the principles of the Constitution +of our country which we are about to study. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So let us enter upon this work with a determination to +succeed in our undertaking. You know that has a great deal to +do with our success in life—a determination to succeed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When you boys take your baseball team to play the team +of some other school, you start for the baseball park determined +to win the game; and, if you keep up this spirit, you +probably will win the game. In any event, you play a real +game of which your friends are proud. That is the way to +meet all the problems of life, whether in the school room, or +out in the world after you have entered upon the great +battles of life. +</p> + +<span class="tei tei-pb" id="page018">[pg 018]</span><a name="Pg018" id="Pg018" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Did you ever see a judge? Would you be afraid of a judge? Why? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What are the duties of a judge? +</p> + +<span class="tei tei-pb" id="page019">[pg 019]</span><a name="Pg019" id="Pg019" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Why did the judge say, <span class="tei tei-q">“But I have often been glad since, that +I obeyed my teacher, my parents, and the law, and continued my +studies in school”</span>? Why do boys and girls go to school? Why +is the public willing to pay large sums of money to pay teachers, +buy books, build school buildings, and keep them open? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. What law was it that the judge said he was glad that he had obeyed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Why did the judge send hundreds to prison? Why was he compelled +to sentence some to death? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. What are the advantages of staying in school? What more do +you know when you graduate from elementary school than those +who quit earlier? Should one try to graduate from high school? +Why? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. The judge says that one of the chief purposes of school is to make +good, law-abiding citizens. Think of some person you know who +is a <span class="tei tei-q">“good, law-abiding citizen”</span>; think of some one who is not; +name five ways in which they are different. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. Have you read the Constitution of the United States? Should +a good, law-abiding citizen know what is in the Constitution of the +United States? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. The judge says that we owe a duty to our country. List five +duties that a school pupil owes to his father and mother, five that +he owes to his teacher, and, if you can, list five duties that all of +us owe to our country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. The judge says that the Constitution guards every right and privilege +that we hold dear. Can you name any rights or privileges +that you hold dear? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Why do we say that the United States is the <span class="tei tei-q">“land of the free”</span>? +Why does the judge say that it is the most free and just country +in the world? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. How are judges selected? To whom are they responsible? What +are their duties? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What are likely to be the results of poor schools? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Should a parent have a right to give a child as poor an education +or as little schooling as he may desire? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Why do some States require children to study physiology and hygiene? +Is there as good an argument for a study of the Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. Why does the judge say, <span class="tei tei-q">“No one knows anything of real worth +about his country until he knows its Constitution”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. The judge says that good citizens know what authority is. Give an +illustration of a child, a student, and a citizen who knows what +authority is. Define authority. Give an illustration of a man who +does not respect authority. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. When is a country a <span class="tei tei-q">“free country”</span>? What is a <span class="tei tei-q">“just country”</span>? +How can a judge justify himself in a free country when he sends +some men to prison, thereby taking away their freedom? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I. How can an American protect his liberties? What steps must he +take? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +J. Prepare a paper on one of the following subjects: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Advantages of Staying in School</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">One Law-abiding Citizen That I Know</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">What One Man I Know Knows About the Rights and Privileges +of the American Citizen Under the Constitution.</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Why Everyone Should Study the Constitution</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">What a Law Is, Where It Comes From and Its Value</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page020">[pg 020]</span><a name="Pg020" id="Pg020" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc7" id="toc7"></a> +<a name="pdf8" id="pdf8"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">II. Government</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Purpose And Origin Of Government Among Men—In +The United States</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a little difficult even for grown people to understand +clearly what is meant by <span class="tei tei-q">“the government”</span>. They have so +many absurd notions about what the government is, and +where it is, that I do not wonder that children do not understand. +If I could look into the mind of each child here this +morning, I am sure I would find many that picture the capitol +at Washington, the President, or some other officer as being +the government. Now the capitol and the President and +the Congress and the Supreme Court of the United States and +all other National officers are part of the government, <em class="tei tei-emph"><span style="font-style: italic">but they +are not the government</span></em>.<a id="noteref_7" name="noteref_7" href="#note_7"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">7</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The government of the United States is merely the agency +by which and through which the people protect their own +rights and liberties. Our government may be said to be the +organized will of all the people. The people govern in this +country, and the men and the means by which they govern +all combined may be said to be the government. But do not +ever forget this fact: the President is not a master, but a +servant. The President, Senators, congressmen, and judges, +in the Nation; the Governors, State Senators, and State +Representatives in the States are only agents or servants of the +people to carry out the people's will. Also do not forget that +the power of government does not rest in Washington, the +capital of the Nation, nor at the capitals of the different +States. The power of government exists all over these United +States. The power of government exists right in the homes +and hearts of the people.<a id="noteref_8" name="noteref_8" href="#note_8"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">8</span></span></a> +</p> + +<span class="tei tei-pb" id="page021">[pg 021]</span><a name="Pg021" id="Pg021" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The President has no power except that conferred upon +him by the Constitution and the laws which the people have +adopted. Neither have the Senators, the congressmen, nor +the judges any power except that given by the people, and +the people at any time can take away any part of the power +given. When I say the people, I mean of course all the people. +Not that all the people must agree to any law to have +it enacted. The majority of the people make the laws as a +rule. We shall take this up later and consider it fully. Government +is power to exercise authority. Authority is in the +people, and the authority of the people is expressed as they +want it in laws which they make. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But what is government for? Why have any government? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Government is organized to protect human rights.<a id="noteref_9" name="noteref_9" href="#note_9"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">9</span></span></a> Perhaps +if you were a giant possessed of wonderful wisdom you +would not need any law to protect your rights because you +would be big enough, powerful enough, and wise enough to +resist any person who might undertake to interfere with +your rights; but we are not all giants and we are not all +wise. In fact there are very few giants in the world. It is +true, however, that some are bigger and stronger than others; +and sometimes these big, strong people are selfish, wicked, or +envious. They see that a weaker person has something which +they want, and being big and strong, if there were no law +to restrain them, they would take it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now if you have a bicycle and some full-grown, strong, +brutal man were to come into your yard, take your bicycle, +and start away with it, what would you do? You might protest. +You might beg him not to take your property, but this +would probably do no good. A thief does not stop when he +is asked to by the owner of the property he is stealing, nor +is a thief influenced by the fact that his act is wrong. In +fact doing wrong is the business of a thief. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So there being many strong people in the world and many +<span class="tei tei-pb" id="page022">[pg 022]</span><a name="Pg022" id="Pg022" class="tei tei-anchor"></a> +weak people, many wise people, and many simple people, +the full grown and the children, and many, many people who +are not guided by rules of right or morality or justice, you can +see how necessary it is that someone shall provide rules and +regulations under which the weak, the simple, and the young +may be protected from the strong, the brutal, and the wicked +who would deprive their neighbors of their rights or their +property, simply because they had the power to do it. This +is what the government does. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There have been times in the world, hundreds and thousands +of years, during which the strong governed the weak, +made the weak their slaves, took from the weak the earnings +of their toil; but our government exists for the very purpose +of restraining the strong and protecting the weak, so that +their rights are equal. Every man is free and no man is a +slave. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Therefore always keep in mind that the purpose of government +is to protect the people of all classes and ages so +that, so far as possible, all may be equal in their right to do +the things they want to do, own the things they want to own +so far as they are able to produce or procure them, think the +things they want to think, and speak the things they want +to speak. In other words, <em class="tei tei-emph"><span style="font-style: italic">government is to protect our freedom +against the wrongs of others</span></em>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now we must not have the notion in our mind that the +government has anything to do with who shall work, or who +shall play, or who shall idle. Occupations in life are not +selected by the government. Each person determines this +for himself. That is one of the privileges which we have in +a free country, to select our own occupations; and as you go +through life you will find that what appear to be the higher +or better occupations are usually earned by industry, faithfulness, +and honesty.<a id="noteref_10" name="noteref_10" href="#note_10"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">10</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am going to talk to you some day about occupations in +<span class="tei tei-pb" id="page023">[pg 023]</span><a name="Pg023" id="Pg023" class="tei tei-anchor"></a> +life so that you will understand that our place in life is +selected by ourselves, determined by our efforts and our conduct. +I want you to start out in life with such a knowledge +of these things that you will never blame your country if you +do not like your job. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">But how did our government come into existence? What +was the beginning?</span></em> Well, it is all very simple if we only +get right down to elementary principles, if we only <span class="tei tei-q">“begin +at the beginning”</span>. Perhaps your father is a Woodman, +or an Odd Fellow, or a Knight of Columbus. Perhaps he +is a member of the American Federation of Labor. Perhaps +your mother belongs to the Eastern Star, or the P. E. O. +society. Perhaps you belong to some school fraternity, debating +society, or neighborhood club, the Boy Scouts, or the +Camp Fire Girls. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now let us go back a few years. None of these societies +were in existence. Where did they come from? One day, +years ago, a few men and women, or boys and girls, met perhaps +in some home, or the office, and talked over the plan +which perhaps had been suggested by some one present at +the meeting. After discussion, it was decided to form an organization. +I have no doubt that most of you have had such +an experience. The beginning of each society was merely +an idea in the mind of some one. He or she talked of it +to some one else, and the discussion extended until enough of +interested persons came together to complete an organization +and give it a name. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What was the first step in perfecting the society or organization? +It was the preparation of a written statement of the +purposes and principles of the organization, which is usually +called a constitution. When the constitution was completed, +usually by a committee, all those about to become members +of the society met and talked it over. Changes probably +were made and the constitution finally adopted. Probably +<span class="tei tei-pb" id="page024">[pg 024]</span><a name="Pg024" id="Pg024" class="tei tei-anchor"></a> +some voted against it, but those who did vote against it recognized +that they should be bound by the judgment and will +of the majority.<a id="noteref_11" name="noteref_11" href="#note_11"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">11</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Laws, or by-laws, as they are generally called, were then +adopted to govern the conduct of the members in their relation +to each other and to the society. These by-laws have +been amended from time to time ever since, and perhaps at +all times some of the members have believed that the by-laws +should be different, but they have submitted to the will of +the majority. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So with the United States. There was a time less than one +hundred and fifty years ago when there was no such thing +on earth. A comparatively few men, representing the people +of the former colonies, decided to form a Nation, and in the +Constitutional Convention after months of discussion, the +Constitution was adopted, and it was finally ratified by the +people of the States. While many persons opposed some of +the provisions of the Constitution, all submitted to the will +of the majority. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thereafter, rules of conduct called laws—in your society +by-laws—were adopted, and from time to time changed and +extended as circumstances seemed to demand. We are going +to talk about these laws in a few days. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But <em class="tei tei-emph"><span style="font-style: italic">there is the whole story</span></em>. There is the simple beginning +of this now great Nation, the most powerful on earth. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So you see there is nothing mysterious about the origin of +our Constitution. There is nothing mysterious about the +origin or the organization of this government. The important +thing to bear in mind is that it was formed by the people +for themselves. Humanity, after thousands of years, had +reached a point where they refused longer to be governed by +a king or similar ruler. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All this will become more clear to you as you understand +something of the nature of liberty and of law. +</p> + +<span class="tei tei-pb" id="page026">[pg 026]</span><a name="Pg026" id="Pg026" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. What is the government of the United States? Why isn't the +capitol at Washington the government? Why is it impossible to +point out the government of the United States upon the map? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What is a servant? Describe a servant. Why does the judge say +that the President of the United States is only a servant of the +people? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Was the Kaiser a servant of the German people? Why not? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Where does the President get his power? Where do members of +Congress get their power? Judges? The Sheriff? The Mayor? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. If we do not like what our servants do, how can we control them? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. What is government in a school? In a club? What would it be +like if there were no government in either? Name five advantages +of having a government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. Suppose that you were like Robinson Crusoe, except that five of +you were shipwrecked. Would you form a government? Why? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. If you were tie write a constitution, what would you include? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. Suppose that a man came into your yard and tried to steal your +bicycle, what could you do to protect your rights? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. Do all people do what they think is right? How can you tell what +is right and wrong? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What is the purpose of government? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Why is it wrong for the great and powerful to govern the small +and weak? Does might make right? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Which would be the better government, one based upon might makes +right, or one based upon right makes might? Why? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. How can right make might? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. In a free country can the government prescribe what occupations +in life the people must follow? How are the higher and better +occupations acquired in America? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. How did the American government come into being? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. How would you organise a literary society? List the steps in +detail. Would you have a constitution? What should be included +in any constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. Discuss the effect of a sudden breakdown in government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I. What were the first steps in the actual organisation of the government +of the United States? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +J. Write a paper on: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Ways in Which the Postmaster, Superintendent of Schools, +Sheriff, Coroner, or Judge Serves the People +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Why We Cannot Locate Our Government On the Map +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Advantages of Having a Government +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +What a Constitution Should Include +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page027">[pg 027]</span><a name="Pg027" id="Pg027" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc9" id="toc9"></a> +<a name="pdf10" id="pdf10"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">III. Liberty</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Definition Of Liberty And The Historical Background +Of The Struggle For It</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I hope that we now all understand that the purpose of government +is to maintain the liberty of the people. I wish +that every child would learn from the Declaration of Independence +the following: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">We hold these truths to be self-evident, that all men are +created equal, that they are endowed by their Creator with +certain unalienable Rights, that among these are Life, Liberty +and the pursuit of Happiness. That to secure these +rights, Governments are instituted among Men, deriving their +just powers from the consent of the governed.</span></span>”</span><a id="noteref_12" name="noteref_12" href="#note_12"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">12</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This expresses the whole purpose of government—to secure +the right to life, to liberty, and to happiness. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I suppose every child here would like to be rich some day. +A great many people feel that riches bring happiness. The +experience of men, however, is that riches more often bring +disappointments, burdens, and grief. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">What is the most valuable thing in the world?</span></em> It is not +money, lands, nor jewels. The most valuable thing in the +world is human liberty. I do not believe that we, born here +in America, realize the value of human liberty. It comes to +us as a heritage. We accept it as we accept the sunlight, the +springtime, the harvest. I am afraid that we seldom stop +to recall the fact that the great blessing of human liberty, +as we have it here in America, did not exist before our Nation +was born. Always remember that there were thousands of +years before our country came into being, when the people, +men, women, and children living in many countries of the +<span class="tei tei-pb" id="page028">[pg 028]</span><a name="Pg028" id="Pg028" class="tei tei-anchor"></a> +world and under many forms of government dreamed, +hoped, and prayed for freedom. But it never came to them. +They lived, labored, and died under kings and emperors, or +other rulers, never having any power, or at most very limited +power, in making the laws under which they were compelled +to live.<a id="noteref_13" name="noteref_13" href="#note_13"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">13</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To a considerable extent the history of the world is a sorrowful +story of men who fought and died in struggles for +liberty, the same liberty which we in this country enjoy. We +must not forget that freedom in this Nation was obtained +only through war, bloodshed, and sacrifice. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now what is this liberty for which men have fought and +died? It is liberty of thought, liberty of speech, liberty of +conscience, liberty of action, liberty, as the Supreme Court +of the United States says, <span class="tei tei-q">“of all the faculties”</span>. Men wanted +the right to form their own opinions and to express them in +speech or in writing. They wished to worship God according +to the dictates of their own consciences, and not as directed +by the ruler of the government. They wanted to work in +employments of their own choice, to have their own earnings +for themselves and their families, instead of having it taken +as tithes or taxes to buy purple robes for some monarch upon +a throne. They wanted the right to own property, to own a +home; and they hoped and prayed for the day when their +children might have a chance to advance in life according +to their merits. They hoped some day to have the door of +opportunity open to the son of the poor man as well as the +rich. They hoped to see class and privilege wiped away.<a id="noteref_14" name="noteref_14" href="#note_14"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">14</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These were the things that men and women throughout +the centuries struggled for, but which were never attained +in the whole history of the world, by any race or by any +nation, until America opened its doors to all the peoples +of the earth, guaranteeing to them all the blessings which +had been so long denied to the human race. +</p> + +<span class="tei tei-pb" id="page029">[pg 029]</span><a name="Pg029" id="Pg029" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You will understand better the functions of government +with relation to human liberty if you will realize that human +liberty is a natural right. It comes from no man and no +government. It is <span class="tei tei-q">“God given”</span>. Men are born free. The +love of freedom is in every human heart. Again recall the +words of the Declaration of Independence—<span class="tei tei-q">“all men are +created equal ... they are endowed by their Creator +with certain unalienable Rights”</span>, among which is liberty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +America does not confer liberty upon the individual. +America realizes that the individual possesses the right to +liberty, and the whole structure of the American government +is framed with the special purpose of protecting each individual +in his natural liberty.<a id="noteref_15" name="noteref_15" href="#note_15"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">15</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now there is no danger to the liberty of any one except +from two sources—the wrong of a fellowman, or the wrong +of the government, which in this country is a mere organization +of men and women and children. Here we see emphasized +the necessity for law in order to protect the liberty of +the individual. Government is organized to protect individuals +in their liberties. This protection is furnished by laws +enacted by the people to protect the weak against the strong, +the good against the evil; and in this country the same law +applies to every individual. There are no special laws for +special classes; every one is equally interested in having these +laws as just and fair as possible. Liberty under law is the +privilege of doing everything one wishes to do, except in so +far as his acts may interfere in some way with like privileges +of those who are about him in society. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Therefore always keep in mind that the great achievement +of those who founded America was the establishment of a +Nation where liberty would have a home. Of course liberty +could not be fully established in this country until the Nation +was fully established, until the Constitution was adopted, +until laws were enacted; but from the adoption of the Constitution +<span class="tei tei-pb" id="page030">[pg 030]</span><a name="Pg030" id="Pg030" class="tei tei-anchor"></a> +to the present time the people have enacted laws +from time to time, and still enact laws, the better to protect +every man in his liberty and to enlarge his opportunities +in life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now in order to understand clearly how the liberties of the +people are protected through our government, we must understand +the nature and form of our government; and this +subject we must take up at our next meeting. +</p> + +<span class="tei tei-pb" id="page031">[pg 031]</span><a name="Pg031" id="Pg031" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. What is your idea of the right to <span class="tei tei-q">“life”</span>? Does it mean that no one +shall ever be sentenced to death for murder? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What is your idea of the right to <span class="tei tei-q">“property”</span>? Does this mean +that everyone shall be wealthy? Does it mean that everyone shall +own his own home? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. What is your idea of the right to <span class="tei tei-q">“pursuit of happiness”</span>? Does +this mean that everyone can do as he pleases? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Why does the judge say that liberty is the most valuable thing in +the world? What would you trade for it? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Note the dangers to liberty that the judge points out. What are +they? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Give an illustration of each of these dangers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. How may we protect ourselves against these dangers? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. Where does this liberty that we enjoy come from? Who grants it? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. In what particular ways does the Constitution of the United States +guarantee liberty? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. What forms of government existed before the United States? What +liberties did the people of Russia, or France, or England enjoy in +1600? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Who really possesses the power of government in the United States? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. How is the liberty of the individual protected in the United States? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. In what ways were the people of Massachusetts in 1650 not as free +as we are to-day? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. What does it mean when we say <span class="tei tei-q">“all men are created equal”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. Discuss the real meaning of the right to <span class="tei tei-q">“Life, Liberty and the pursuit +of Happiness”</span>. +</p> + +<span class="tei tei-pb" id="page032">[pg 032]</span><a name="Pg032" id="Pg032" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. Write a paper on: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Ways in Which We Have an Equal Chance +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +How We Can Make Chances Still More Equal +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"> +<span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">I hope to see the time when every American citizen will have an +unfettered start and an equal chance in the race of life.</span><span style="font-size: 90%">”</span></span><span style="font-size: 90%">—Abraham Lincoln +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Meaning of Liberty +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +A Week in a Land Where There Is No Liberty +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page033">[pg 033]</span><a name="Pg033" id="Pg033" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc11" id="toc11"></a> +<a name="pdf12" id="pdf12"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">IV. America—A Democracy</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Spirit Of Democracy Developed Under The Constitution +Of Our Country</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is not sufficient that we shall know what government is +and where it is. We must also understand its nature. It is +the proud boast of America that it is a democracy, the first +real democracy in the world. Now what is meant by a +democracy? We hear much about democracy, and we hear +much about republicanism, and many people when they +hear or see these terms think that it has to do with the Democratic +or Republican political party. We must not be confused. +We must see and think clearly. Democracy and +republicanism, as we use the terms in these talks, have no +reference to any political party, but relate solely to the form +of government under which we live. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +America is a democracy. It is also a republic, as we shall +see in our next talk. It is very important that we shall understand +why it is a democracy, and why it is also a republic, +and the distinction between the two. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been well said that republicanism in government +<span class="tei tei-q">“refers rather to the form of government”</span>, and that democracy +refers to the <span class="tei tei-q">“spirit of government”</span>. In government as +with the people the spirit is the real, important thing. In a +democracy the people govern. <span class="tei tei-q">“A government of the people, +by the people, and for the people”</span>, as Lincoln expressed it, +is a democracy. In a democracy no man is the master of +another man without his consent. In a democracy there are +no slaves. In a democracy each and all have equal rights. +Every one in a democracy has an equal opportunity with +every other person.<a id="noteref_16" name="noteref_16" href="#note_16"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">16</span></span></a> +</p> + +<span class="tei tei-pb" id="page034">[pg 034]</span><a name="Pg034" id="Pg034" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You have already learned that in this country the people +make the laws. In the making of laws the banker and the +man who digs in the sewer have the same power. Each has +one vote on election day, and no more. America has no +rulers except the people. In a democracy the spirit of all +should be one of toleration and kindness. All of us cannot +have things just as we want them in this world. Men do not +all agree, so we must let the majority of the people rule. But +the majority should not have any feeling of superiority. The +majority should be inspired by a sense of justice and charity +toward their fellowmen. In fact a democracy is a brotherhood +in which each person should think, not only of himself, +but of his neighbor. In this democracy the more we think of +the rights of our neighbor and the more we think of our duty +toward our neighbor, the better will our government be. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In a democracy we live in the belief that all men are +created equal, that all through life they are equal in their +rights, in their duties, and in their privileges. I do not mean +of course that all men are equal in physical strength, because +you who run and wrestle every day know that some are +stronger than others. I do not mean that all are equal in +the powers of the mind, because some of us here this morning, +even some who study hard, know that other pupils get +higher marks in every examination. Nor do I mean that +all are equal in wealth, in health, or in comforts. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What I mean is, that so far as life and liberty are concerned, +in our rights under the law, in our protection under +the law, we are all equal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In a democracy the people make the laws, and the people +enforce the laws. As we shall hereafter see, every man who +takes part in making a law, and every one who aids in enforcing +the law is selected by the people. But the great thing +about a democracy is the spirit of the people—the feeling +of the people toward each other. Pride of wealth, position, +<span class="tei tei-pb" id="page035">[pg 035]</span><a name="Pg035" id="Pg035" class="tei tei-anchor"></a> +race, or creed has no place in a democracy. Every person +should feel sympathy and charity for his neighbor, and for +his neighbor's problems in life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We should all be willing to help those who may be less +fortunate. We should all endeavor to make our neighbor's +life as easy as possible. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A democracy cannot be a government by groups: it must +be a government by every one. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now I do not mean to say that we in this country all have +the proper feeling toward our neighbor. We are not all +good citizens of a democracy. Many people have pride, +selfishness, and hate. Many people do not seem to care how +the rest of the world lives. Such people are not worthy to +have the privileges of living in a democracy. Many people +are also ignorant in matters of government. They do not +seem to care what kind of a government we have. In fact +many people will not vote on election day. It is because of +pride, selfishness, hate, ignorance, and indifference that I +am here talking to you to-day. This is a wonderful government, +but it can be made much better, with more freedom +and more justice, if the people will only learn more about +their power and their duty, especially if they will only cultivate +the right spirit—the spirit of America, the spirit of +justice, humility, kindness, and charity. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Love thy neighbor as thyself”</span> is not only a Christian +duty, but it is the foundation of social life in a democracy. +You will find when you become acquainted with life that +success in life does not depend upon money, clothes, nor social +position, but that in this American democracy real merit +wins. More and more are we learning every day that true +happiness comes only from service, service to humanity, +service to our country, and this spirit of service must be developed +in childhood, and expand as we grow to manhood +and womanhood. +</p> + +<span class="tei tei-pb" id="page036">[pg 036]</span><a name="Pg036" id="Pg036" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +That was a nice thing you did the other day, here in this +school, when you put your pennies and your nickels together, +bought a ton of coal, and sent it to the widowed mother of +one of your schoolmates who had been sick for several weeks. +He is just a poor Polish boy; but when in health he ran errands +before and after school. This helped to support his +mother and his little sister. I am sure that he thinks of you +every day; and that he often thanks God that his father, +who died last winter, had the courage to leave the old home +in Poland and come to America where there is a chance for +the poorest and the most obscure. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I told you a while ago that this is the first real democracy +in the world. So few people stop to think about this. The +world is thousands of years old. Humanity in all these thousands +of years has been made up of men, women, and children +just like us. They hoped for, and dreamed of freedom, +but until America became a Nation no government in the +world had ever been a real government by the people. They +had always been ruled by a king, a queen, an emperor, by +some other ruler, by a small group of men who were rulers, +or by a certain class. Your father may be a blacksmith, or +a street sweeper, but on election day he can vote. Up to the +organization of this government no such right existed anywhere +in the world. In some countries, a few men who +owned a certain amount of property could vote; but the wise +men of the world sneered at the American plan to give every +man the right to vote whether he owned a dollar's worth of +property or not. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Always remember this, too, that even when America became +a Nation, the right of all the people to vote was not +granted at once. Many of our States for many years required +that a voter must have a certain amount of property. Finally +this was all wiped away. America has been a growth, +each generation doing a little more to expand the power of +<span class="tei tei-pb" id="page037">[pg 037]</span><a name="Pg037" id="Pg037" class="tei tei-anchor"></a> +the people, and this growth, this expansion must continue. +We are still a young Nation and we all have much to do to +aid in making this democracy a better place in which to live. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When you hear of other democracies now existing in the +world, remember that America has been their guide and +inspiration. Men came from France to help fight our revolution, +and carried back with them the spirit of America. In +time democracy was established in France. So with all the +countries in the world which to-day have a greater or less +degree of democracy, to them all, America has been a beacon +light, a source of courage and of inspiration. Did any of you +ever see the great Statue of Liberty at the entrance to the +New York harbor? If you did, you saw that grand figure +looking out to the east over the great expanse of water, holding +aloft the great torch which in the darkness of the night +is aglow with light, the great flaming torch, which is emblematic +of America enlightening the world. +</p> + +<span class="tei tei-pb" id="page038">[pg 038]</span><a name="Pg038" id="Pg038" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Which was the first real democracy to be established in the world? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What is a democracy? What is the difference between <span class="tei tei-q">“democracy”</span> +and a <span class="tei tei-q">“Democrat”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Who governs in a democracy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. In a democracy, who makes the laws? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. How is power in government expressed in a democracy? In America, +does one man have more power than another? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. How many times can a person vote on election day? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. Suppose Congress or the legislature in our State passes a law that +we do not like. Do we have to obey it? What can we do about it? +How can we secure a change in the law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What does <span class="tei tei-q">“government of the people, by the people, and for the +people”</span> mean? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. What is the proper spirit of people who live in a democracy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What is meant by <span class="tei tei-q">“the majority of the people rule”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. What would happen if the minority should rule? Lincoln said that +this meant anarchy. Why? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Does the minority have any rights? Should the majority pay any +attention to them? Why or why not? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. Who enforces laws in a democracy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. Why is it said that the best way to get rid of a bad law is rigidly +to enforce it? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. What is the result of not casting your ballot on election day? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I. It is a fact that from election to election there is an increasing percentage +of the qualified voters who do not vote. What is the danger +of this? What is it likely to lead to? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +J. Write a paper on: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Meaning of Democracy +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Danger of Not Voting +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Why It Is Right that Women Should Vote +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Why We Fought to Make the World Safe for Democracy +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page039">[pg 039]</span><a name="Pg039" id="Pg039" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc13" id="toc13"></a> +<a name="pdf14" id="pdf14"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">V. America—A Republic</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">A Representative Form Of Government Under The +Constitution</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As I stated to you in our last discourse, America is a +democracy, but it is also a republic. It is a democracy in its +spirit and the power of its people, but in the mode of exercise +of the power of the people it is a republic. We often hear +America referred to as a <span class="tei tei-q">“representative democracy”</span>. If +America were merely a democracy there would be no fixed +method for expressing the wishes or the power of the people. +In a pure democracy, people having full power would naturally +assemble from time to time to decide by the vote of +all those present what should be done for the public good. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You will hear of the <span class="tei tei-q">“town meeting”</span> which even to-day in +some parts of New England is held from time to time, +where the people assemble, and by vote decide matters of public +concern. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But this is now a Nation of more than one hundred and +five million people. We have forty-eight States, many of +them very populous. When the Constitution was adopted, +there were only about 3,900,000 people in all the States; but +those who framed the Constitution looked into the future +and could see something of the wonderful growth of the +Nation which they were planning. Of course it is easy for +anyone to see that in a large country like this, with a large +population or a population as large as it was at the time when +the Constitution was adopted, it would be impossible for all +the people to assemble in a meeting to vote directly upon the +passage of necessary laws, or to provide for taxation, or to +conduct the general business of the State or the Nation. You +<span class="tei tei-pb" id="page040">[pg 040]</span><a name="Pg040" id="Pg040" class="tei tei-anchor"></a> +can see how absolutely impossible it would be in these days +to have the people of the United States assemble at the National +capital to vote on any law, or to make any appropriation, +or to provide rules for exercise of governmental power. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Therefore you can readily see that the founders of this +country very wisely realized that the only government possible +would be what is known as a representative government, +a democracy where the people would have all the power, but +a republic wherein the people would express that power, not +directly, but through representatives or agents chosen by +them.<a id="noteref_17" name="noteref_17" href="#note_17"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">17</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The government of the United States and that of each of +the States is sub-divided into three parts: the executive, represented +by the President or the Governor, the legislative, +represented by Congress or the legislature, and the judicial, +represented by the courts. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now the President and the members of Congress, including +the Senate, and the judges of the courts are all merely +representatives of the people chosen by the people to carry +out the will of the people. The position and powers of all +of these representatives of the people are fixed and defined by +laws enacted by the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As we shall hereafter find, the first law of the Nation, the +foundation of all laws of the Nation, is the Constitution of +the United States, which in the long ago was adopted by the +people of thirteen small States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Our form of government therefore is representative. That +is to say, the people choose their representatives to do the +business of the country for the people. Laws are voted for +directly by members of Congress and the Senate of the United +States, or members of the legislatures of the States; but these +members of Congress, Senators, and legislators are selected by +the people, and in voting for laws they are expressing the +will of the people who voted for them. They are elected for +<span class="tei tei-pb" id="page041">[pg 041]</span><a name="Pg041" id="Pg041" class="tei tei-anchor"></a> +a short term of years, so that in case any one of them should +not, in his vote upon any law, carry out the wishes of the +people who elected him, they may at the next election select +someone else in his place who will better represent them.<a id="noteref_18" name="noteref_18" href="#note_18"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">18</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The important thing to bear in mind in relation to this +government organization, with all the officers now necessary +to do the business of the people of this great country, is that +these officers—executive, legislative, and judicial—are not +the government; the government rests with the people, and +these officers are merely servants of the people, subject to the +will of the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It has been well said that government in a democracy is +organized public opinion. Public officers, representatives of +the people, have only the power which the people give to +them. In many of the States of this country, in the enactment +of laws, the people by law make provision by which the +people themselves have the power to reject laws enacted by +their representatives of which they do not approve. Under +the <span class="tei tei-q">“initiative”</span> and <span class="tei tei-q">“referendum”</span> in some States, the people +retain the power to direct their legislature to enact certain +laws. Also laws made by the legislature may be voted upon +by the people for final approval, if desired.<a id="noteref_19" name="noteref_19" href="#note_19"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">19</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The important thing first to be learned is that in this +democracy the government is in form a republic, because +the laws are enacted and enforced, not by the direct vote of +the people, but by the representatives elected by the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The power of the people always continues. A law may be +passed by one legislature, or one session of Congress, and may +be repealed the next. Any law upon the statute books may +be changed from time to time, in response to the changing +sentiment of the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We are inclined to consider the term <span class="tei tei-q">“representative government”</span> +as relating particularly to the enactment of laws, +but this is a representative government not only in the making +<span class="tei tei-pb" id="page042">[pg 042]</span><a name="Pg042" id="Pg042" class="tei tei-anchor"></a> +of laws, but also in the enforcement of laws. I want you +to realize early in life that every citizen has a responsibility +for enforcing laws as well as for making laws, and that for +any failure or omission in the making of laws, or in the enforcement +of laws, the people must bear the responsibility. +</p> + +<span class="tei tei-pb" id="page043">[pg 043]</span><a name="Pg043" id="Pg043" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. In what respect is America a republic? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What is the difference between a republic and a Republican? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. What was the population of America when the Constitution was +adopted? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Why was it impossible to have all the people assemble to adopt laws? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. What is meant by a representative of the people? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Suppose a representative does not represent the people as they wish. +What can they do about it? Give illustrations. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. Into what parts is the government of the United States divided? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. How are the powers and duties of representatives of the people defined? +Why does the judge say that the people really have the power +and that this power continues? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What is the fundamental law of the United States? Why is it fundamental? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. How can we say that the people have power in lawmaking, when +we know that the representatives make the laws? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. How can we influence the votes of our representatives? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. If you know that your representative is likely to vote against your +own wishes, what can you do about it? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. How soon may a law be changed after it has been passed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. What is meant by <span class="tei tei-q">“initiative, referendum, and recall”</span>? How have +they worked out in practice? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Difference between a Democracy and a Republic +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +How the Public Can Make Their Representatives Represent +Them +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Why America Could Not Do Without Representatives +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The New England Town Meeting +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page044">[pg 044]</span><a name="Pg044" id="Pg044" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc15" id="toc15"></a> +<a name="pdf16" id="pdf16"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">VI. Law</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Necessity For Rules Of Human Conduct For Guidance +And Restraint</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This morning I wish to talk with you about one of the +most important subjects in the world, the law; and strange to +say, most people know very little about it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Indeed I find that the average person feels that he does +not need any knowledge of the law, that the law is for lawyers, +judges, and courts. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now the truth is, that there is scarcely any activity in +life in which the law does not play an important part. This +is true from childhood to old age, in every calling and every +occupation in life.<a id="noteref_20" name="noteref_20" href="#note_20"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">20</span></span></a> The law is not intended for any one +class of people, but it applies to all classes of people, the rich +and the poor, the wise and the ignorant. It also applies to +all ages, to men, women, and children. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">What is the law</span></em>, or what is a law?<a id="noteref_21" name="noteref_21" href="#note_21"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">21</span></span></a> There is nothing difficult +about it. A law is merely a rule of human conduct, a +rule of conduct for human beings which is enforced by the +Nation, the State, or the city. There are other rules of +human conduct enforced by the parents, teachers, or employers—those +who have authority over others, those whose +duty it is to direct the conduct of others. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every boy knows that in his home his parents have certain +rules, not written or printed, but stated by his father or +mother with relation to his conduct about the home, about his +school, or about his play time or vacation, when he must go +to bed, when he must arise, and with whom he may associate, +that he must not go in swimming unless accompanied by his +father, that he shall not go to the movies without the consent +<span class="tei tei-pb" id="page045">[pg 045]</span><a name="Pg045" id="Pg045" class="tei tei-anchor"></a> +of his mother, that he must attend Sunday school regularly, +that he must not eat with his knife, that he must be courteous +to all persons, especially the aged, that he must not play ball +in the street, and a large number of other rules and directions, +all intended for the good of the boy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then in school you find certain rules of conduct made by +the Board of Education or other officers, or adopted by the +teacher. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If a boy works in a store, he finds that his employer has +certain rules: the time when the store shall be opened and +closed; that the boy shall sweep the floor at certain hours; +that he may go to lunch at a certain time; that he shall not +permit other boys to pass behind the counters, etc. All of these +are illustrations of rules of conduct for children, or those under +the control, authority, or direction of some older person. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But older persons, the parents, the school officers, the teachers, +the storekeepers, and those of all other occupations are +likewise subject to rules, are under control and direction of +the Nation, the State, and the city, all having power to enforce +rules of conduct, called laws, which apply to the old +and the young. Without such rules, such laws, it would be +impossible to maintain peace and order. Without such rules, +called laws, it would be impossible to protect the weak against +the strong and the wicked. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This government being organized for the purpose of protecting +the rights and liberties of the people, it is necessary +that laws be enacted in order that our rights and liberties +shall not be taken away from us by those who may be +stronger or wiser than we are. Many laws prohibit wrongful +acts and provide a punishment for those who commit such +wrongful acts. Thus one who strikes you without justification, +one who steals your bicycle, or any other property, one +who breaks into your home, or into the store, a burglar, is +punished. One who kills another human being, a murderer, is +<span class="tei tei-pb" id="page046">[pg 046]</span><a name="Pg046" id="Pg046" class="tei tei-anchor"></a> +punished. A person who willfully sets fire to a building, or is +guilty of cruelty to animals, malicious mischief, or sells liquor +is punished.<a id="noteref_22" name="noteref_22" href="#note_22"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">22</span></span></a> +So there are scores of different offenses forbidden +by the law, and punishments fixed for those who will not obey. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are also laws requiring that one shall ride or drive +on the right hand side of the street when passing another +coming from the opposite direction. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is generally in every city a law which punishes a +person who rides his bicycle upon the sidewalk. There are +laws regulating the speed of automobiles, the lights and signals, +and the turning at the corners of the street, so that +other people either walking, or riding on bicycles, or in automobiles +or other vehicles, may not receive injury.<a id="noteref_23" name="noteref_23" href="#note_23"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">23</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You know in this country, where every person is equal before +the law, no one person has any more right in the street +than his neighbor has, and the conduct of each in the use of +streets and sidewalks and other public places must be such +that all may enjoy equal opportunities in the use thereof.<a id="noteref_24" name="noteref_24" href="#note_24"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">24</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Freedom, as already explained, does not mean a right to +do everything we wish to do. Freedom is the right to do +whatever we may wish to do, provided it does not interfere +with the right of our neighbors to have the same privileges +which we claim for ourselves. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Therefore, it is absolutely necessary to have laws fixing +the conduct of all persons; and it is necessary, in order to +enforce these laws, to punish those who will not obey them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">Who makes these laws?</span></em> In America the laws are made +by the people themselves; that is, they elect representatives +to serve in Congress, in the legislatures of the States, and in +the councils of the city, who make the laws for the people +according to the wishes of the people. This you will understand +more fully as you study this representative form of +government we have in this country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The people have the right to change any law now in existence, +<span class="tei tei-pb" id="page047">[pg 047]</span><a name="Pg047" id="Pg047" class="tei tei-anchor"></a> +and may also make such new laws as they think will +better protect the people in their rights.<a id="noteref_25" name="noteref_25" href="#note_25"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">25</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">Who enforces these laws</span></em>, these rules of conduct? The +rules of the home are enforced by the parents. If you violate +the rules of your parents, they impose a punishment upon +you. This punishment may not be severe, in fact it should +not be, unless your disobedience is continued and stubborn. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If you violate the rules of school, the teacher or other +school officers have the right to punish; and if you violate +the rules of your employer, he has the right to admonish +you, and of course if you do not obey, he will discharge you +and you will lose your place. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now the rules of conduct, the laws of the Nation, the State, +or the city are enforced in this country by the people, through +their government, through the courts, presided over by judges +whom the people themselves select for that purpose. Sometimes +the punishment is severe, sometimes mild. It all depends upon +the character of the person who disobeys the law, and whether +the disobedience is stubborn or willful. Penalties are imposed, +not only to punish the wrongdoer, but as a warning to others, +that if they disobey the law, they too will be punished. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In this country all laws imposing punishment for offenses +are printed so that every one may know what the law is; +but it is not necessary that one should study each separate +law, because as a rule, your conscience will be your guide +against wrong doing. There are not many acts punished by +the State or Nation which are not morally wrong. The person +whose heart is right knows good from evil; and the person +who really tries to do right will seldom be guilty of violating +any law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I do not expect you to learn all about the different laws. +This is not necessary. But I do expect you to understand +enough about the law to realize that we are all subject to +authority; that laws are enacted by the authority of the +<span class="tei tei-pb" id="page048">[pg 048]</span><a name="Pg048" id="Pg048" class="tei tei-anchor"></a> +people; that laws are absolutely necessary, and that without +laws we should have no liberty. Above all, I want you to +learn that in this country the people make the laws, and I +want you to feel absolute confidence in the power of the +people to make and enforce laws. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I hope that you will acquire a spirit of confidence and faith +in the justice of the law, and learn that submission to the +law is absolutely essential in a government of the people and +by the people.<a id="noteref_26" name="noteref_26" href="#note_26"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">26</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But there are many laws, many rules of conduct, besides +those defining crimes, offenses, and the punishment of +wrongdoers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I want to talk to you briefly about some of the laws which +affect our conduct in every day life, in matters not criminal. +I want to impress upon you how far reaching the law is as +affecting every human being in his daily conduct.<a id="noteref_27" name="noteref_27" href="#note_27"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">27</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Suppose one of the girls here goes to the store to buy a +piece of cloth. How does she tell the merchant how much +cloth she wants? She, without doubt, will say that she +wants one yard, or two yards, or three yards, according to +her needs. Now how much is a yard? Of course you all +know that a yard is three feet. I suppose you all know +that a yard is the same length in every city in the United +States. We go into the store and ask for a yard of cloth in +any city in the country, with absolute confidence that we +will get for each yard, three feet in length. But how do we +know we will get three feet in length for each yard? How +do we know what we will get when we ask for a pound of +coffee, or for a ton of coal, or for a quart of milk? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These weights and measures are nearly all fixed by law. +When you come to read the Constitution of the United States, +you will find that there is conferred upon the United States +government the power to <span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">fix the standard of Weights and +Measures</span></em>”</span>.<a id="noteref_28" name="noteref_28" href="#note_28"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">28</span></span></a> +</p> + +<span class="tei tei-pb" id="page049">[pg 049]</span><a name="Pg049" id="Pg049" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution is the fundamental law of the land. This +confers upon the United States government the right to fix all +standards of measurements and all weights and measures of +every kind. The United States government has this power. It +is not required to exercise the power, but it has the power. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The United States government has a National Bureau of +Standards,<a id="noteref_29" name="noteref_29" href="#note_29"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">29</span></span></a> +which supervises weights and measurements, +which coöperates with the States, and maintains uniformity, +so that in every State, with reference to most things bought +and sold, the law fixes definitely the quantity or dimensions. +Without such laws you can see what a mass of confusion the +people would be in at all times. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Severe penalties are imposed by law upon those who give +short measure, or short weight,<a id="noteref_30" name="noteref_30" href="#note_30"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">30</span></span></a> +in order to protect buyers +against those who might defraud them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So you see how necessary law is to the simple transactions +of life, and how we are constantly relying upon the law in +our daily transactions, to protect us against wrongdoers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then again, how do you know how much the silver dollar +which you are saving for Christmas is really worth? How +do you know that one dollar is as valuable as another dollar? +How do you know that the paper dollar which is in circulation +is as valuable as the silver dollar? Well, here again +when you read the Constitution of the United States, you will +find that the people, when they adopted the Constitution, +gave to the Congress of the United States the power: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">To coin Money, regulate the Value thereof, and of foreign +Coin</span></em>”</span>.<a id="noteref_31" name="noteref_31" href="#note_31"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">31</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Congress, with this power, has enacted numerous laws +with reference to the coinage of silver and gold money, the +printing of paper money, and fixing the value of such money. +How helpless the people would be without such laws. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then how do you know that the dollar you received in +change at the grocery store is a real dollar? There are many +<span class="tei tei-pb" id="page050">[pg 050]</span><a name="Pg050" id="Pg050" class="tei tei-anchor"></a> +counterfeit dollars made by wrongdoers, by criminals who +seek to profit by manufacturing money themselves, sometimes +so much like the genuine, that it is almost impossible +to detect the difference. There are counterfeit bills, and +counterfeit coin, which I dare say could not be distinguished +from the genuine by any person in this room. But there are +laws enacted by Congress providing very severe punishment +for any person who makes, passes, or attempts to pass, any +counterfeit coin. For instance, if one shall make, or pass, +or attempt to pass counterfeit gold or silver coin, he may be +punished by five years imprisonment in the penitentiary.<a id="noteref_32" name="noteref_32" href="#note_32"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">32</span></span></a> +Even for making, or passing, or attempting to pass a one cent, +two cent, three cent, or five cent piece, a person may be imprisoned +for five years. Any one who makes a die or mold designed +for the coining, or making of counterfeit coins may be +punished by imprisonment in the penitentiary for ten years. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These are severe penalties. Liberty is dear, and yet you +can see how absolutely necessary it is to have these severe +penalties in order to protect you, your father and mother, +and all other persons from being defrauded and wronged by +the use of counterfeit money which is worthless, but which +most people cannot distinguish from the genuine. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I suppose you watched for the letter carrier this morning. +Perhaps you were expecting a letter from a friend or relative. +The letter carrier came to your door. You did not +have to walk to the post office. Perhaps your friend lives +one thousand miles away. How is it possible for you to +receive a letter in perhaps a couple of days from that far +distant point? Did you ever stop to think about it? Of +course you say, <span class="tei tei-q">“Well it came through the post office”</span>. Yes, +but the postoffice is only a part of the great postal system +of this country, which carries your letters from one end of +the land to another for the small amount of two cents; and +we have wonderful confidence in this postal service. We +<span class="tei tei-pb" id="page051">[pg 051]</span><a name="Pg051" id="Pg051" class="tei tei-anchor"></a> +carelessly drop into the mail box most important letters, often +most sacred, but we have no doubt that the letter will reach +its destination safely.<a id="noteref_33" name="noteref_33" href="#note_33"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">33</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +How is it all possible? Well, again, in reading the Constitution +you will find that the people gave to Congress the +power: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<em class="tei tei-emph"><span style="font-style: italic">To establish Post Offices and Post roads.</span></em>”</span><a id="noteref_34" name="noteref_34" href="#note_34"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">34</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This power has been exercised by the enactment of many +laws by Congress providing for post offices, letter carriers, +postal clerks, railway mail service, rural routes, and many +laws severely punishing any one in the postal service who +willfully fails to perform his duties. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Persons engaged in the postal service may be sent to the +penitentiary for stealing money from the mails, stealing a +letter from the mails, for any act of dishonesty, or failure of +prescribed duty. How could the great postal service of this +country be maintained without such laws? How would the +people have the blessing of a great service of this kind without +the most carefully prepared laws made to protect the +people? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So I might go on giving numerous other illustrations of +the laws enacted by the people through their representatives, +for the benefit of the people themselves, for their comfort, +their convenience, and their protection against wrongdoers, +who might deprive them of their property, or of things still +more sacred than property. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have only used these illustrations to impress upon you +the great truth that there is hardly any relation in life in +which the law does not have an important part. We should +realize early in life that law is absolutely necessary to guide +human conduct, to restrain wrongful conduct, to punish +wrong doing, and thus to aid in protecting us in our right +to life, liberty, and property. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These laws are not the judges' laws, nor the lawyers' laws; +<span class="tei tei-pb" id="page052">[pg 052]</span><a name="Pg052" id="Pg052" class="tei tei-anchor"></a> +they are the laws of the people, made for their benefit, worthy +of our most earnest support, calling upon us for loyal obedience, +demanding our respect, and inspiring our confidence. +</p> + +<span class="tei tei-pb" id="page054">[pg 054]</span><a name="Pg054" id="Pg054" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. What is a law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. By whom is a law enforced? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Name an activity in life that the law has nothing to do with. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Make a list of some of the laws that your father and mother make in +your home. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Make a list of some of the rules of conduct found in school. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Go to a store in your town. Are there rules of conduct for the clerks? +What are they? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. Who makes the rules in a home? In a school? In business institutions? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. Upon which side of the street must a person drive? Why? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. Who fixes the rules of measurement and weight? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. Suppose that you buy a ton of coal and find later on that you only +received 1500 pounds. Could you do anything about it? Why should +the coal dealer be punished? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +11. What would it be like if we had no laws at all? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. In imposing punishment upon a wrongdoer, what elements does the +judge consider in fixing the amount of fine or the length of punishment? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Why do we have our laws printed? What would be the dangers of +having secret laws concerning the nature and existence of which the +people could not obtain information? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What is the distinction between a rule of conduct in the home and a +law of the land? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. List a number of laws and penalties in addition to those cited by the +judge. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Why cannot one have liberty without law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. Why are people punished when they break the law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. Is it ever right to break the law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Why Breaking the Postal Laws Deserves Severe Punishment +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Liberty Under the Law +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Danger of Counterfeit Money +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Laws that Should Be Passed +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +How to Have a Law Passed +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page055">[pg 055]</span><a name="Pg055" id="Pg055" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc17" id="toc17"></a> +<a name="pdf18" id="pdf18"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">VII. The Constitution</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Personal Guaranties Grouped Under The Title +"The Short Constitution"</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We now take up the subject of the Constitution of the +United States. It is important because it is the foundation of +the rights and liberties of all Americans. It relates to the +rights and liberties of everyone in this room. It is our great +charter. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Gladstone, the great English statesman, once said, <span class="tei tei-q">“It is +the greatest work ever struck off at any one time by the mind +and purpose of man.”</span><a id="noteref_35" name="noteref_35" href="#note_35"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">35</span></span></a> It is quite a long document. I want +every one of us to read it carefully and study it thoroughly. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The larger part of the Constitution consists of provisions +telling of the qualifications and manner of election of the +President, Senators, and congressmen, the powers and duties +of the various parts of our government, procedure of government, +and the relations of the Nation and the States. +These are important. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But more important still are the ways in which the Constitution +guarantees the rights, liberties, and privileges of all +men, women, and children who live under the American flag. +These guaranties are numerous, but they are briefly stated. +Any of us can understand them if we but read them carefully +and catch their meaning. It ought not to be difficult +to cause a person to study the things which relate to himself, +to the most important things in his own life. Liberty we prize +most dearly. Everyone of these guaranties in the Constitution +is intended to guard and protect the freedom and liberty +which you and I enjoy.<a id="noteref_36" name="noteref_36" href="#note_36"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">36</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To make our task more simple, I have selected from the +<span class="tei tei-pb" id="page056">[pg 056]</span><a name="Pg056" id="Pg056" class="tei tei-anchor"></a> +Constitution those sections which deal with our privileges as +American citizens. You can see them in the copy of the +Constitution which you have. (See page <a href="#Pg217" class="tei tei-ref">217</a>.) I have +grouped these together and for convenience I shall call it +<span class="tei tei-q">“The Short Constitution”</span>. As you can see, there is nothing +in it that is not in the original Constitution. It is just as if +I had taken a pair of shears, cut out these phrases from the +Constitution, and pasted them together. It makes it more +convenient for us. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Take this <span class="tei tei-q">“Short Constitution”</span> home with you. Bring it +with you when you come to school. Talk with your father +and mother about it. It may be that sometime a knowledge +of these rights that every American citizen now has may save +to you your home, your freedom, or your life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now I am going to read this: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +THE SHORT CONSTITUTION +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article I (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment I.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Congress shall make no law respecting an establishment +of religion, or prohibiting the free exercise thereof; +or abridging the freedom of speech, or of the press; +or the right of the people peaceably to assemble, and to +petition the Government for a redress of grievances.</span><a id="noteref_37" name="noteref_37" href="#note_37"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">37</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article II (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment II.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +A well regulated Militia, being necessary to the security +of a free State, the right of the people to keep +and bear Arms, shall not be infringed. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article III (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment III.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +No Soldier shall, in time of peace, be quartered in any +house, without the consent of the Owner, nor in time +of war, but in a manner to be prescribed by law. +</span></p> + +<span class="tei tei-pb" id="page057">[pg 057]</span><a name="Pg057" id="Pg057" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article IV (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment IV.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The right of the people to be secure in their persons, +houses, papers, and effects, against unreasonable +searches and seizures, shall not be violated, and no +Warrants shall issue, but upon probable cause, supported +by Oath or affirmation, and particularly describing +the place to be searched, and the persons or things +to be seized. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article V (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment V.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +No person shall be held to answer for a capital, or +otherwise infamous crime, unless on a presentment or +indictment of a Grand Jury, except in cases arising in +the land or naval forces, or in the Militia, when in actual +service in time of War or public danger; nor shall any +person be subject for the same offence to be twice put +in jeopardy of life or limb; nor shall be compelled in +any criminal case to be a witness against himself, nor +be deprived of life, liberty, or property, without due +process of law; nor shall private property be taken for +public use, without just compensation. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article VI (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment VI.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +In all criminal prosecutions, the accused shall enjoy +the right to a speedy and public trial, by an impartial +jury of the State and district wherein the crime shall +have been committed, which district shall have been +previously ascertained by law, and to be informed of +the nature and cause of the accusation; to be confronted +with the witnesses against him; to have compulsory +process for obtaining witnesses in his favor, and to +have the Assistance of Counsel for his defence. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article VII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment VII.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +In suits at common law, where the value in controversy +shall exceed twenty dollars, the right of trial by +</span><span class="tei tei-pb" id="page058">[pg 058]</span><a name="Pg058" id="Pg058" class="tei tei-anchor"></a><span style="font-size: 90%"> +jury shall be preserved, and no fact tried by a jury shall +be otherwise re-examined in any Court of the United +States, than according to the rules of the common law. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article VIII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment VIII.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Excessive bail shall not be required, nor excessive +fines imposed, nor cruel and unusual punishments inflicted. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article IX (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment IX.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The enumeration in the Constitution, of certain rights, +shall not be construed to deny or disparage others retained +by the people. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article X (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment X.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The powers not delegated to the United States by the +Constitution, nor prohibited by it to the States, are reserved +to the States respectively, or to the people.</span><a id="noteref_38" name="noteref_38" href="#note_38"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">38</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XI (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment XIII, Sec. 1.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Neither slavery nor involuntary servitude, except as a +punishment for crime whereof the party shall have been +duly convicted, shall exist within the United States, or +any place subject to their jurisdiction. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment XIV, Sec. 1.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +All persons born or naturalized in the United States, +and subject to the jurisdiction thereof, are citizens of +the United States and of the State wherein they reside. +No State shall make or enforce any law which shall +abridge the privileges or immunities of citizens of the +United States; nor shall any State deprive any person +of life, liberty, or property, without due process of law; +nor deny to any person within its jurisdiction the equal +protection of the laws. +</span></p> + +<span class="tei tei-pb" id="page059">[pg 059]</span><a name="Pg059" id="Pg059" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XIII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Amendment XV, Sec. 1.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The right of citizens of the United States to vote shall +not be denied or abridged by the United States, or by +any State on account of race, color, or previous condition +of servitude. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XIV (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. I, Sec. 9, Cl. 2.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Privilege of the Writ of Habeas Corpus shall not +be suspended, unless when in Cases of Rebellion or Invasion, +the public Safety may require it. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XV (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. I, Sec. 9, Cl. 3.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +No Bill of Attainder or ex post facto law shall be +passed. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XVI (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. I, Sec. 9, Cl. 8.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +No Title of Nobility shall be granted by the United +States: And no Person holding any Office of Profit or +Trust under them, shall, without the Consent of the Congress, +accept of any present, Emolument, Office or Title +of any kind whatever, from any King, Prince, or foreign +State. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XVII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. III, Sec. 2, Cl. 3.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The trial of all Crimes except in Cases of Impeachment, +shall be by Jury, and such Trial shall be held in +the State where the said Crimes shall have been committed; +but when not committed within any State, the +Trial shall be at such Place or Places as the Congress +may by Law have directed. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XVIII (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. III, Sec. 3, Cl. 1.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Treason against the United States, shall consist only +in levying War against them, or in adhering to their +</span><span class="tei tei-pb" id="page060">[pg 060]</span><a name="Pg060" id="Pg060" class="tei tei-anchor"></a><span style="font-size: 90%"> +Enemies, giving them Aid and Comfort. No person shall +be convicted of Treason unless on the Testimony of two +witnesses to the same overt Act or on Confession in +open Court. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Congress shall have power to declare the Punishment +of Treason, but no Attainder of Treason shall +work Corruption of Blood, or Forfeiture except during +the Life of the Person attainted. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XIX (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. IV, Sec. 2, Cl. 1.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Citizens of each State shall be entitled to all Privileges +and Immunities of Citizens in the several States. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Article XX (</span><span class="tei tei-hi"><span style="font-size: 90%; font-style: italic">Art. VI, Cl. 3.</span></span><span style="font-size: 90%">) +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +No religious Test shall ever be required as a Qualification +to any Office or public Trust under the United +States. +</span></p> +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now that is not long, is it? Yet in this brief part of +the Constitution are contained provisions the most important +for the common people ever written by the hand of man in +all the history of the world. In some countries of the world +people have some of the rights and privileges guaranteed +by our Constitution, but in no other country in the world do +the people have a written guaranty of all the rights, privileges, +and liberties set forth in these short extracts from the +Constitution of the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I want you all to get fixed in your minds the date of the +adoption of the original Constitution by the convention—1787.<a id="noteref_39" name="noteref_39" href="#note_39"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">39</span></span></a> +That was more than a century and a quarter ago. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I want every child to understand just why the Constitution +was made, how it was made, something of the men that +made it, and how the people of the States approved of the +Constitution before it became binding. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I also want you to understand something of the +<span class="tei tei-pb" id="page061">[pg 061]</span><a name="Pg061" id="Pg061" class="tei tei-anchor"></a> +changes and additions made by the people since the Constitution +was first adopted. I want you to understand that it is +the Constitution of the people, the whole people, and I want +you to know that the people can change the Constitution or +make additions to it whenever they want to.<a id="noteref_40" name="noteref_40" href="#note_40"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">40</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So at our next meeting I am going to tell you something +of the making of the Constitution. +</p> + +<span class="tei tei-pb" id="page065">[pg 065]</span><a name="Pg065" id="Pg065" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Compare <span class="tei tei-q">“The Short Constitution”</span> on pages 56-60 with the complete +Constitution found at the back of the book. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why were these parts selected from the entire Constitution? Is +there any similarity in the various parts selected? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. What are the most important provisions of the Constitution of the +United States? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Do the guaranties of the Constitution protect the rights of all people +living in America, or do they apply only to a few favored classes? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. What was the date of the adoption of the original Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Why are we interested in our rights? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. What are the dangers of talking too much about our rights? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Make a list of a duty to correspond with each right selected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Officials Provided by the Constitution +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The American Bill of Rights +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page066">[pg 066]</span><a name="Pg066" id="Pg066" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc19" id="toc19"></a> +<a name="pdf20" id="pdf20"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">VIII. Making The Constitution</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">How The Convention Of 1787 Drafted The Constitution +Of The United States</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You will remember from your study of American history +that when the early colonists came to this country they settled +along the Atlantic coast in many separate and distinct +groups. Not all had come from the same country. Most of +them were English, but there were also smaller settlements +of Dutch, French, Germans, and Swedes. It was not many +years until the English had taken control of all the land +from Maine to Georgia, but even then not all the English +were alike. There were Puritans and Cavaliers, Scotch and +Irish, Scotch-Irish and Quakers. They differed in their +ideas of government, religion, and education. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These colonists had come for many purposes. Some had +come to make their fortune. Others because of trouble at +home. Most had come to be free, to worship God in the +way they chose, to form their own government, to make their +own laws, to govern themselves; and in the early days, they +had met with success. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But as time went on, as more people came, as ships were +built, and trade and commerce increased, the government +of England became more and more tyrannical. The English +people may not have favored this, but they did not +direct the acts of their king and his officers. Taxes were +placed on the colonists without their consent. They were +forced to accept laws not of their own choosing. The king +refused them the right to select their own judges. They +could not trade where they pleased. If you will read the +<span class="tei tei-pb" id="page067">[pg 067]</span><a name="Pg067" id="Pg067" class="tei tei-anchor"></a> +Declaration of Independence you will see how their liberties +were restricted.<a id="noteref_41" name="noteref_41" href="#note_41"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">41</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All this time the various colonies were as separate as so +many distinct countries. They did not know each other. +There was little travel from one to another. They were +quite different. But they were alike in the fact that each +wanted liberty, and that each was subject to oppression +from the English king. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So from time to time we find them sending delegates to +some common meeting place to discuss a plan of action. In +1754 a group met at Albany to suggest a plan of union. In +1765 England passed the Stamp Act which put a tax upon +certain articles such as books, newspapers, and playing cards. +A person could not sell one of these articles without pasting +upon it one of these stamps, the money from which went to +England as a tax. It was much like our war tax upon tooth +paste, shaving soap, and playing cards. The difference was +this. The colonists had never given the right to make this +tax. It had been imposed upon them by England; and +further, if a person were accused of selling a book or newspaper +without this stamp, he could be severely punished.<a id="noteref_42" name="noteref_42" href="#note_42"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">42</span></span></a> +This enraged the colonists, and in New York in the following +year, there met a group of delegates from nearly all the +colonies to discuss ways and means of meeting this. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Again in 1774, conditions having become worse, delegates +from twelve colonies met at Philadelphia at the First +Continental Congress to consider the grievances against Great +Britain. The Second Continental Congress following it carried +on the first years of the Revolutionary War. It drafted +and adopted the Declaration of Independence. It raised and +provided for the armies, and brought the States together. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But it needed a kind of constitution. So in 1777 the +Articles of Confederation were drawn up and adopted by +Congress and by 1781 all the States had finally adopted +<span class="tei tei-pb" id="page068">[pg 068]</span><a name="Pg068" id="Pg068" class="tei tei-anchor"></a> +them. But they were inadequate. Each of the thirteen +States wanted all the power in its own hands.<a id="noteref_43" name="noteref_43" href="#note_43"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">43</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You cannot blame them. Picture to yourself these little +settlements down on the Atlantic Coast. All together they +did not have as many people as there are in the State of New +Jersey to-day. They and their fathers had left their homes +and traveled thousands of miles over stormy seas to find +liberty. They themselves had fought a long war against +England to make themselves free. They did not wish to +give up these powers.<a id="noteref_44" name="noteref_44" href="#note_44"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">44</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But the wiser people in the different States saw that to +form a more perfect union it was necessary to grant the central +government more powers, and to fix forever certain +rights which every American citizen should enjoy throughout +the years to come. So the people selected men as their +representatives and authorized them to meet with the representatives +from other States at Philadelphia in 1787 to draw +up a plan of government which would be strong enough to +hold the country together and govern it effectively. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now who were these men? They were men who were +selected by their neighbors to represent them, just as men are +elected to-day to represent us in the legislature of our State +or in Congress. To be sure, in those days not all men were +allowed the right to vote. In some States a man had to +have a certain amount of money before he could vote. In +others men of certain religious faiths were not allowed to vote. +But the delegates to the Constitutional Convention were men +who were fairly representative of all the people. When we +consider the work that they did, that they wrote our Constitution, +that they were able to do this at the time they did, +we must feel that a wise Providence guided their selection +and inspired them in their wonderful work. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There in Independence Hall in Philadelphia were Benjamin +Franklin and George Washington, James Madison and +<span class="tei tei-pb" id="page069">[pg 069]</span><a name="Pg069" id="Pg069" class="tei tei-anchor"></a> +Edmund Randolph, Alexander Hamilton and Gouverneur +Morris. Almost all the prominent men of the time took part.<a id="noteref_45" name="noteref_45" href="#note_45"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">45</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +They took the best that they knew of the experience of +the human race in government, especially the experience of +England and America, and from this they drew up the Constitution +of the United States, the foundation of the government +under which we live.<a id="noteref_46" name="noteref_46" href="#note_46"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">46</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When they had finished their work—that part of the Constitution +which precedes the amendments—they submitted +it to the States. They were very careful to see to it that the +people themselves should approve of this. So instead of having +the usual legislature of each State vote upon it, they provided +that the people of each State should elect delegates for +a special convention, the sole purpose of which was to decide +whether or not they would like to live under a government +like this.<a id="noteref_47" name="noteref_47" href="#note_47"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">47</span></span></a> These conventions, elected by the people +for this special purpose, met and one after another, often +after a bitter struggle, ratified the Constitution. The chief +objection was that the rights of all Americans were not +clearly stated. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So at the first meeting of Congress, the first ten amendments—our +American Bill of Rights—were adopted and +in 1791 they were ratified by the States. Since then the +Constitution has been rarely amended. In 1798 and in +1804 the eleventh and twelfth amendments regarding the +courts and the election of the President were adopted. After +the Civil War three amendments were adopted regarding +the problem of the negro citizen. Since then we have added +changes regarding the income tax, the election of United +States Senators, and prohibition. The last amendment, +dealing with the extension of the vote to women, was ratified +by Tennessee as the thirty-sixth State on August 18, 1920. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To-day then, our government is founded upon the Constitution +made shortly after the Revolutionary War. It represents +<span class="tei tei-pb" id="page070">[pg 070]</span><a name="Pg070" id="Pg070" class="tei tei-anchor"></a> +the aims and ambitions of the fathers of our country. +They came to this land to be free. They suffered persecution. +They threw off the yoke of the oppressor. They established +a government of the people, by the people, for the +people. The people selected the men who drew it up. They +selected the men who amended it. Our task is to understand +what it means, to obey it, and protect it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The lofty purpose of the fathers of the republic in establishing +this, the first real government by the people, is expressed +in these thrilling words: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">We the people of the United States, in Order to form a +more perfect Union, establish Justice, insure domestic Tranquility, +provide for the common defence, promote the general +Welfare, and secure the Blessings of Liberty to ourselves +and our Posterity, do ordain and establish this CONSTITUTION +for the United States of America.</span></span>”</span> +</p> + +<span class="tei tei-pb" id="page072">[pg 072]</span><a name="Pg072" id="Pg072" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Why did the early settlers come to America? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. From what countries did they come? Which countries were most +important? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Why did they become dissatisfied with English rule here? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Why did they wish to unite? Name some of the earlier attempts +at union. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. When was the Stamp Act passed? What was it supposed to do? +Why did the colonists object? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Why were the Articles of Confederation not satisfactory? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. What was the meeting in Philadelphia in 1787? How were the +representatives at this meeting chosen? How did they try to see +that the representatives at this meeting actually represented the +people? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. How was the Constitution ratified by the people? In what way +did they try to make it the actual will of the people? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. When was our Bill of Rights passed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. What amendments have been added to the Constitution since 1791? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. How did the makers of the Constitution guard against the abuses +cited in the Declaration of Independence? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. How were the defects in the Articles of Confederation guarded +against and remedied? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What experience had the makers of the Constitution had which enabled +them to prepare so successful a document? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Would you say that Gladstone's statement, <span class="tei tei-q">“It is the greatest +work ever struck off at any one time by the mind and purpose of +man”</span> was literally true? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. How did the allusions to other countries made during the convention +show the advantage of America's being a <span class="tei tei-q">“melting pot”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. What people were allowed to vote at the time of the adoption of the +Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. What were the chief objections urged against ratification of the +Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Why the People Needed a Constitution +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Main Points Included +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +A Comparison of the Work Done Then and the Outline Made in +Answers to Questions J Chapter Two +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +George Washington +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Benjamin Franklin +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Alexander Hamilton +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +James Madison +</span></p> + +</div> + +</div> + +<span class="tei tei-pb" id="page073">[pg 073]</span><a name="Pg073" id="Pg073" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc21" id="toc21"></a> +<a name="pdf22" id="pdf22"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">IX. Freedom</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">How Freedom Of Worship, Speech, The Press, And +Assembly Are Guaranteed</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This morning we begin the consideration of what I believe +to be the most important of all the subjects we have +talked about. I think people are more interested in their +privileges and rights than they are in their duties. In fact +we hear a great deal and we read a great deal about <span class="tei tei-q">“rights”</span>, +but we do not find very much said on the streets, in the +homes, or in the newspapers about our <span class="tei tei-q">“duties”</span>.<a id="noteref_48" name="noteref_48" href="#note_48"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">48</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now we have considered in a very general way the nature +of our government and something of our powers and duties +under the Constitution. I know that you will be interested +in considering our rights and privileges under the Constitution +of the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Always keep in mind that each State has a Constitution, +and that the Nation has a Constitution, that the Constitution +of the United States covers the entire Nation, not only the +original thirteen colonies, but the present forty-eight States, +and that any States that may hereafter be brought in the +Union will have as their fundamental law the Constitution +adopted by the people in the long ago.<a id="noteref_49" name="noteref_49" href="#note_49"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">49</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Also always keep in mind that the Nation has certain powers, +and that the Constitution of the United States is supreme +only as to the things over which the United States as +a Nation has control. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But it is important to bear in mind that the great principles +of the Constitution of the United States have been carried +into the Constitutions of the various States, and that +the rights and privileges of the people under the Constitution +<span class="tei tei-pb" id="page074">[pg 074]</span><a name="Pg074" id="Pg074" class="tei tei-anchor"></a> +of the United States have also to a large extent been +guaranteed by the Constitutions of the States.<a id="noteref_50" name="noteref_50" href="#note_50"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">50</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This morning we take up a constitutional guaranty which +you perhaps have not thought much about, but which is one +of the most important in the whole Constitution—<span class="tei tei-hi"><span style="font-style: italic">Freedom +of Worship</span></span>. The Constitution provides: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-hi"><span class="tei tei-q"><span style="font-style: italic">“</span><span style="font-style: italic">Congress shall make no law respecting an establishment +of religion, or prohibiting the free exercise thereof.</span><span style="font-style: italic">”</span></span></span><a id="noteref_51" name="noteref_51" href="#note_51"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">51</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As we look back through the history of the world we are +startled to find that this was the first written guaranty that +the people of any nation ever had permitting them to worship +God according to the dictates of their own conscience.<a id="noteref_52" name="noteref_52" href="#note_52"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">52</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now some of you may not realize how important this is; +but there is nothing so dear to the human heart as the right, +the privilege, of belonging to that church and worshipping +God in that manner which each individual may desire. We +do not realize the value of such a privilege until some one, +or some power, seeks to take it away from us. All through +the world men and women and children have fought, and +many of them have died, for this privilege. It was the custom +of the nations of the world before our Constitution to +have an established religion, a National religion, and in +many of the countries it was the law that every one must belong +to the state church, and must actually believe in the +religion of the state. In fact, in many countries, refusal to +believe in the religion of the state was punished by death—sometimes +by burning to death, and I am sure you will be +surprised to realize that while America was first settled by +people who were seeking religious freedom, they were still +so imbued with a feeling of the old days that persons must +worship, not as their conscience might dictate, but as the +state might dictate, that for many years in this country in +certain of the colonies a state religion was recognized, and +<span class="tei tei-pb" id="page075">[pg 075]</span><a name="Pg075" id="Pg075" class="tei tei-anchor"></a> +obligation to conform to the established religion enforced by +severe penalties. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the colony of Virginia the established or state church +existed, and it was the law that any person who did not conform +thereto should be punished by burning to death. This +is startling, isn't it, to hear of such a brutal law upon American +soil? Virginia afterwards became the pioneer in legislation +establishing freedom of worship, but it took the most +strenuous efforts of Thomas Jefferson through many years +to finally wipe out these cruel laws and establish freedom of +worship.<a id="noteref_53" name="noteref_53" href="#note_53"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">53</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Virginia statute granting absolute freedom of worship +was the first ever adopted in the history of the world by +any state or nation, the first guaranty of the right. Freedom +of worship had existed before this in Maryland under +the generous rule of Lord Baltimore, but the first formal +statute was adopted in Virginia. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now your teachers tell me that in this school the pupils +belong to sixteen different churches. I suppose each one of +you thinks that the church to which he belongs is better +than any of the others. I hope you do. I hope that every +child is sincere in his religious belief, whatever it may be. +But how would you feel if some representative of the State +should come here this morning, and announce that a law +had been passed by which every pupil must belong to the +Baptist, the Methodist, the Catholic, or the Jewish church? +How would you feel if a law were to be read to you which provided +that unless you changed your religious belief and adopted +some other, you would be burned to death out here on the +hillside? You can hardly believe that such a thing would +be possible in any age of the world; and yet never forget +that the foregoing provision which I have read from the +Constitution of the United States was the first declaration of +<span class="tei tei-pb" id="page076">[pg 076]</span><a name="Pg076" id="Pg076" class="tei tei-anchor"></a> +the right of the people of a whole Nation to worship God +according to their own will, their own conscience. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The declaration of this great right by the Constitution of +the United States has been in full force ever since the adoption +of the Constitution, not only as a National law, but +similar provisions have been made the policy, usually by the +Constitution, of every State in the Union. What a glorious +thing it is to live in a Nation and in an age where no man, +no state, and no power can tell you what to believe, or how +to express your belief, what church you shall attend, or in +what manner you shall express your religious faith. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Not only this, but this constitutional guaranty protects +every one in his right to belong to no church if he so elects. +The soul is free. No power can compel one to belong to any +church, nor in any manner to hold or exercise religious faith, +or religious duty or obligation. <em class="tei tei-emph"><span style="font-style: italic">In other words, men are free</span></em>, +and this freedom, aside from any other guaranty of the Constitution, +should make us all feel affection and veneration +for this great charter of human liberty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But freedom of worship is only one of the many rights +and privileges guaranteed to the people—to all the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Another great natural right—God given right—is firmly +and finally established: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Congress shall make no law ... abridging the freedom +of speech or of the press.</span></span>”</span><a id="noteref_54" name="noteref_54" href="#note_54"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">54</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Here again remember, when you are thinking of what +you owe to your country, that this declaration of the Constitution +was the first in all the history of the world by which +a Nation guaranteed to all the people the right freely to +express their thoughts in words or in writing. This was the +first time the chains were taken from the human intellect. +No one will ever be able to number the men and women who, +throughout the history of the world, were condemned to +death, because they dared to express their sentiments. If +<span class="tei tei-pb" id="page077">[pg 077]</span><a name="Pg077" id="Pg077" class="tei tei-anchor"></a> +Patrick Henry had delivered his famous speech in which +he said, <span class="tei tei-q">“Give me liberty, or give me death”</span>, in England +rather than America, he would have been promptly punished. +Hundreds of the colonists would have been hanged +by the British government if they had expressed themselves +in the mother country instead of in the new world. Kings +to hold their power in the old world, to keep the people so +terrorized that they would submit to their will, made the +practice of hanging or beheading those who freely spoke their +sentiments against the government.<a id="noteref_55" name="noteref_55" href="#note_55"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">55</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course under the old laws those who expressed their +religious convictions in opposition to the state church by +speech or writing were usually promptly imprisoned, hanged, +or burned. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now do not have any misunderstanding about this guaranty +of freedom of speech and of the press. We often hear +complaints of certain people about certain laws punishing +those who abuse the privilege of free speech; but there is +no law of State or Nation which prohibits the speaking or +writing of anything in this country. Men may speak and +write what they will; but there are some laws punishing +those who abuse this great privilege to the injury of another +person, or to the injury of the Nation. Of course no one +would feel that it was right to allow another to write libelous +articles about your neighbors. You would not feel that +it would be right to permit some vile person to write false +and vicious articles about your mother or your father; and +yet any one may do so. They cannot be prohibited or enjoined +from doing so, but they may be punished after doing so, +after they have been tried in a court and found guilty of +libel by a jury of their fellowmen.<a id="noteref_56" name="noteref_56" href="#note_56"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">56</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So if one writes a threatening letter to your father, telling +him that he will kidnap his child unless he pays ten thousand +dollars by a certain time, such person is exercising his +<span class="tei tei-pb" id="page078">[pg 078]</span><a name="Pg078" id="Pg078" class="tei tei-anchor"></a> +constitutional right to freedom of expression, but no one +would think that it was right to permit him thus to abuse +his constitutional right without being punished for it; and +consequently such person may be arrested and tried, and if +found guilty, punished. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So in these later days it has been found wise, not to prohibit +persons from giving expression to their views about our +government, but to punish those who show by their words +or writing that they are rebels against our government, endeavoring +by their words to cause a revolution, to incite people +to use force, bombs, or the torch to destroy our government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No one can ever be punished for criticising our government, +or any of the officers of our government, so long as +he does not undertake to destroy our government, and I am +sure that you would not think it right to permit any one +to destroy the government controlled by ourselves which has +brought to us so many blessings. Nearly every one agrees +that if a person should use bombs or the torch in an effort +to cause revolution and destroy our form of government, such +a person should be punished; but there are a few who think +that they should not be punished until they actually begin +destruction. Of course we cannot agree with them. The +man who goes out on the street corner and advocates the use +of the bomb and the torch to destroy our government, who +arouses passions willfully with the purpose of destroying the +government, is doing just as much wrong as is done by the +person who follows his advice and uses the bomb and the +torch. In fact the man who advocates revolution and destruction, +who preaches the use of the bomb and the +torch, who plants the poison in the hearts of his fellowmen, +and incites them to revolutionary action is more guilty of +wrong than are those who, stirred by his appeals, carry out +his wishes. +</p> + +<span class="tei tei-pb" id="page079">[pg 079]</span><a name="Pg079" id="Pg079" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In punishing those who thus violate every principle of +loyalty, patriotism, and right the constitutional provision is +in no manner modified. The worst revolutionist has the freedom +of speech and of the press guaranteed to him. The law +which punishes him does so only because under the protection +of the Constitution, he commits a crime against his country +and against humanity. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +America has done more than any other nation in the +world in the cause of educating the common people. It +should exercise care that the people should be educated in the +true spirit of America, that their minds should not be poisoned +by the vicious teachings of those, not Americans at +heart, who seek to poison souls and rob the people of their +patriotism and of their loyalty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the olden days so tyrannical was the king that in many +instances when the people complained of their burdens and +sought rights and privileges they were punished for daring +to seek relief. The king would usually give them what he +thought they ought to have and would not listen to complaints. +One of the rights which the people always hoped for +was the privilege of assembling, meeting together, talking +over their troubles, drawing up a petition, signing, and presenting +it, praying <span class="tei tei-q">“a redress of grievance”</span>. When the representatives +of the people met in the Constitutional Convention +in Philadelphia they had before their minds the things +that the people had suffered under old forms of government +and it was their earnest effort to provide constitutional guaranties +which would prevent the abuses to which the people +were compelled to submit in the old world. Therefore one +of the provisions of the Constitution of the United States is +the following: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Congress shall make no law ... abridging ... +the right of the people peaceably to assemble, and to petition +the Government for a redress of grievances.</span></span>”</span><a id="noteref_57" name="noteref_57" href="#note_57"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">57</span></span></a> +</p> + +<span class="tei tei-pb" id="page080">[pg 080]</span><a name="Pg080" id="Pg080" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Under this constitutional guaranty the people have the +right to assemble peaceably at any time or place, to talk over +their troubles, and to draw up a petition to the government +seeking relief from unjust burdens. Where they assemble +peaceably there is no officer of the government and no court +that can interfere with them; and when they petition the +government they cannot be reprimanded or punished in any +way. Of course under our representative government where +the people themselves select those who make the laws, the +necessity for assembling and drawing up petitions is not so +great. Yet in Congress and in the legislatures of the various +States nearly every day petitions come in from some body +of people urging the adoption of a certain law or objecting to +a certain proposed law. If you were in Congress or in the +legislature you would probably see some member arise and +say, <span class="tei tei-q">“Mr. Speaker, I present the petition of the people of my +district objecting to the passage of Bill No. 781, which I +desire to have made part of the record”</span>, and the Speaker, +who is the presiding officer, would respond in substance, <span class="tei tei-q">“the +request of the gentleman will be granted and the petition +will be made part of the record”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What I desire especially to impress upon you this morning +is the value of this right and the failure of our people to +take advantage of the privilege granted. This being a government +by the people and the laws being made by their +agents, these agents of the people, members of Congress and +of the State legislatures, cannot carry out the will of the +people unless they know what the people want. Ask your +father when you go home whether or not he has ever written +to the member of Congress from this district telling him +about some law he would like to have passed or about some +proposed law he would like to see defeated. The truth is that +<span class="tei tei-pb" id="page081">[pg 081]</span><a name="Pg081" id="Pg081" class="tei tei-anchor"></a> +there are large numbers of people in this city who do not +even know the name of their congressman, or representative +in the legislature of the State. They do not pay any attention +to such things, yet when the legislature or Congress +passes a law they are always ready to criticise and condemn, +despite the fact that before it was passed they did not take +interest enough to give an expression of their views to those +who were trying to follow the wishes of the people. From +time to time the people should assemble in every community +to talk over government matters, their matters, the things +that come most close to them in life. You will find men and +women meeting every month in their lodges and clubs, discussing +all sorts of things, music, art, and literature, but we +find hardly any organized meetings for the discussion of the +big things in life, our liberties, our rights, and our duties as +citizens of this free republic. I hope to see the time when +there will be community centers and regular assemblies, not +for amusement but for serious discussion, serious thought, +and earnest coöperation in the affairs of the city, State, and +Nation. There is so much complaint in these days that it +would be of great value at these assemblies to allow every +person who has a grievance against the government or any +branch of the government to present it for discussion. The +rights and duties of each individual in government are of +importance to every other person, and there should be frankness, +honesty, and earnestness in every discussion of grievance +and remedies, so that public sentiment may be developed. +Government in a democracy is government by the +sentiment of the people; and the sentiment of the people +can only be created and manifested by talking over the +things in which all people are interested—the problems of +life, liberty, and happiness. +</p> + +<span class="tei tei-pb" id="page084">[pg 084]</span><a name="Pg084" id="Pg084" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Which colonists came to America to avoid religious persecution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why do people fight and die for their religious beliefs? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. In what ways were people persecuted for their religious beliefs? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Where was the first statute granting absolute freedom of worship +passed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Why is it a good thing to have freedom of speech? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Name some famous Americans who have been outspoken in saying +what they thought. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. Can you publish in the paper a statement that Mr. X is a burglar? +If so, can you be punished if your statement is not true? If so, +how can you have freedom of speech? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. Is the Constitution of the United States in force in all the States +of the Union? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. Are there other constitutions which the people of different States +must observe? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. Why did the people want the right to assemble? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +11. Do you know of any countries where they do not allow it? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +12. Do you know of anyone who ever sent a petition to a State legislature? +To Congress? What was it like? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +13. How many assemblies of people and petitions help to make our representatives +do what we want them to do? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Name the places in the world, where to-day there is religious persecution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Describe the conditions in Armenia. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What are the real advantages of religions liberty? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Just how would it affect a person if freedom of speech were not +allowed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. How may the right to freedom of speech be abused? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. During the recent war, men were punished for what they said under +what is known as the Espionage Act. How can this be reconciled +with freedom of speech? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. Discuss the method of organizing a community meeting. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. Discuss the method of preparing a petition. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I. Suppose the opinion of the meeting should be divided, what should +be the procedure? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +J. Plan a method to make the people talk more about government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +K. What are the dangers of a lack of interest in the affairs of government? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +L. How will a congressman represent the wishes of the people if he +receives no petitions? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +M. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Story of the Pilgrims +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Roger Williams and the Providence Colony +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Lord Baltimore +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Thomas Jefferson and Religious Liberty +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Censorship of the Press and Freedom of Speech +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +What to do with an Anarchist Meeting +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Socialist Papers +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Importance of the Right of Petition +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Keeping In Touch with our Representatives +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Some Petitions I have Seen +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Things for Which We Should Petition the Legislature +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page085">[pg 085]</span><a name="Pg085" id="Pg085" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc23" id="toc23"></a> +<a name="pdf24" id="pdf24"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">X. Military Provisions</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Rights Of Citizens To Bear Arms—Restrictions On +Quartering Soldiers In Homes</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Again we find the framers of the Constitution looking back +into the past at abuses imposed upon the people by kingly +power. They inserted in the Constitution the following provision: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">A well regulated Militia, being necessary to the security +of a free State, the right of the people to keep and bear Arms, +shall not be infringed.</span></span>”</span><a id="noteref_58" name="noteref_58" href="#note_58"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">58</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +They were making a government of free States. They did +not wish to see the National government become the master +of the States nor the master of the people. They believed +that the government should be the servant and not the master. +They wanted to have the power in the hands of the people +of the States to protect their rights if they ever should +be invaded by force; and therefore they furnished to the people +of all the States the guaranty that the States should have +the right to have militia, that is, soldiers organized to maintain +order and to defend the State, if necessary, against abuse +of power; and they guaranteed to the people the right to +bear arms lawfully. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If you read the history of the old world you will find many +instances of soldiers entering the homes of the people to +search for fire arms or other weapons, taking them away, +possibly punishing those who had them. The people are +guarded by our Constitution against any such conduct on the +part of soldiers or representatives of the National government. +Of course this right, like the right of free speech, may be +abused and when abused punishment may be imposed. For +<span class="tei tei-pb" id="page086">[pg 086]</span><a name="Pg086" id="Pg086" class="tei tei-anchor"></a> +instance, it is dangerous to the good order of a community +that persons should carry concealed weapons and therefore +in every State there is some law concerning this. If a man +should walk down the street here with a loaded revolver in +his pocket he could be arrested and imprisoned, or fined, but +in this State a man could walk down the street with a shot +gun in his hands or any other weapon where it is exposed so +people could see it. A law against carrying concealed weapons +imposes no burden upon any law-abiding citizen. There +are regulations, of course, permitting certain persons to carry +weapons concealed, police officers, a sheriff, and other peace +officers; and there is a law under which any person of good +moral character may make application for authority to carry +concealed weapons which will be granted under certain restrictions. +Some States require a bond to be filed guaranteeing +good conduct. Persons who have to carry large sums of +money, express messengers upon the trains, post office employees +who carry registered mail, and other persons may be +granted the privilege of carrying concealed weapons. The +laws regarding carrying concealed weapons differ from State +to State, the punishment in some being a term in the penitentiary. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But in all this we find only regulation and careful provision +to help maintain order and peace; and with it all we find +the absolute right given by the Constitution to the people +to maintain their State militia and to keep and bear arms +within reasonable regulations which may be provided by the +different States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then we find a strict guaranty of the Constitution against +an abuse which was common in the old world. You know +before America came into being the strength of a government +was the power of a government. The people were +ruled by force; they were kept in constant fear. When this +Nation was organized it was the hope of the founders that +<span class="tei tei-pb" id="page087">[pg 087]</span><a name="Pg087" id="Pg087" class="tei tei-anchor"></a> +we could have laws so just that people would have love for +their country and respect for its laws, so that we would not +have to inspire fear in the hearts of the people in order to +make them obey. Laws should be obeyed not because of fear, +but because of respect, because of a sense of duty. Laws should +be obeyed because we know that laws are necessary to protect +our own liberties. We know that without law, liberty is +impossible. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So that when the Constitution was framed, reflecting upon +the abuses of the old world, the makers of the Constitution +inserted this guaranty: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No Soldier shall, in time of peace, be quartered in any +house, without the consent of the Owner, nor in time of war, +but in a manner to be prescribed by law.</span></span>”</span><a id="noteref_59" name="noteref_59" href="#note_59"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">59</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the olden days the military power was supreme. The +soldier was part of the military power. The ordinary citizen +was compelled to submit to many of the wishes of the soldiers +in times of peace as well as in times of war. In reading the +history of the world you will find that soldiers exercised the +right to enter the homes of the people and demand food and +shelter. Of course the people, being in fear of the military +power, would not think of refusing anything demanded; but +the people of America, under our Constitution, are supreme. +The soldier is subject to the people, not the people subject to +the soldier. While we must respect those who are the defenders +of our country, we must also respect our own rights +and privileges. And every soldier, general or private, must +also respect our rights and privileges. No soldier can enter +any home, no matter how humble, without the consent of +the owner, except in times of war. Even in times of war he +cannot enter except under circumstances and conditions prescribed +by law. The law being made by the people, they will +be protected against abuse. Of course in times of war every +one should be glad to give freely of what he has for the soldiers +<span class="tei tei-pb" id="page088">[pg 088]</span><a name="Pg088" id="Pg088" class="tei tei-anchor"></a> +of his country, but in times of peace in this country the +soldier, under our Constitution, understands that the home +is sacred and that he has no right there unless the owner invites +him to enter. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I wonder if the people realize what these guaranties mean +to them. I wonder if they understand how earnestly and +how carefully those who framed the Constitution endeavored +to protect the sacred rights of every man, woman, and child +in this country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Why did the Germans refuse to allow the Belgians to keep and +bear arms? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why is this right important to us? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Ask some soldier who fought in France to tell you about how soldiers +quartered in the village. Would you like to see this in +America? Why not? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. What rights has a soldier in time of peace to demand admittance +to a house, or to demand food? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. In time of war under what conditions may a soldier be quartered +in any house? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Where is the whole power of government in America? Where is +it in a kingdom or monarchy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. Do you know the name of your congressman? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. When should a person be allowed to carry weapons? +</p> + +<span class="tei tei-pb" id="page089">[pg 089]</span><a name="Pg089" id="Pg089" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What is the importance of the right of keeping and bearing arms? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. What is the status of the National Guard in your locality? What +are its duties? What is its purpose? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What is the fundamental objection to the quartering of soldiers on +a population in time of peace? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Right to Bear Arms +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Evils of Quartering of Soldiers +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Purpose of the National Guard +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +How the Soldiers Were Quartered in France +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page090">[pg 090]</span><a name="Pg090" id="Pg090" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc25" id="toc25"></a> +<a name="pdf26" id="pdf26"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XI. Search Warrant And Indictment</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Home Protected Against Unlawful Search And +Seizure—Grand Jury Indictment Required</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Following the provision that we last discussed that no soldier +shall in time of peace be quartered in any house without +the consent of the owner, nor in time of war except in a +manner prescribed by law, we find the Constitution making +a most positive provision guarding the sacredness of the +home, the sacredness of the person, and the things belonging +to each person. In the olden days the people had to submit +to the most brutal conduct. A man might think some one +had stolen his ring or his watch. Suspecting a neighbor, and +being the stronger, or assembling his friends, or some officers, +he might enter the neighbor's home, search all through the +house among papers, in the desks, and in every trunk and +other place where personal belongings were kept, might +search the person himself, his pockets, and clothing. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course you can easily understand that the people +who were thus abused would resent such actions. In England +the people in early days had protested and had secured +some guaranties from the king against these outrages, but +the first absolute written guaranty of the full rights of the +people was when the following provision was inserted in our +Constitution: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The right of the people to be secure in their persons, +houses, papers, and effects, against unreasonable searches and +seizures, shall not be violated, and no Warrants shall issue, +but upon probable cause, supported by Oath or affirmation, +and particularly describing the place to be searched, and the +persons or things to be seized.</span></span>”</span><a id="noteref_60" name="noteref_60" href="#note_60"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">60</span></span></a> +</p> + +<span class="tei tei-pb" id="page091">[pg 091]</span><a name="Pg091" id="Pg091" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course it is apparent that so long as we have crimes +committed the wrongdoer must be punished. Wrongdoers +naturally try to conceal the evidence of their crimes: the +murderer seeks to hide the revolver, the thief seeks to hide +the money, the bonds, or the jewels. So it is necessary, in +order to find criminals and to recover valuable things they +may have taken, to have the privilege of searching persons +or houses. But the thing which the Constitution guarantees +is that no such search shall be made except upon warrants +issued by some court, which are commands to a peace officer +to seize a certain person (arrest him) or to search a certain +house or other place for things which might aid in administering +justice. No warrants shall be issued by any court +until some one has appeared and filed a solemn statement +under oath showing some reasonable grounds for believing +that the search or seizure will disclose evidence of the +offense. The place must be described. The things or the +persons to be seized must be described. A warrant issued by +any court, no matter how high, without such a sworn statement +being presented, is void and in violation of the rights +of every person under the Constitution. The courts are often +called upon to enforce this right of the people. The home, +especially under our Constitution, is recognized as sacred. +<span class="tei tei-q">“Every man's house is his castle”</span> and wherever, without the +proper warrant, search or seizure is made, the court will +promptly punish the wrongdoer and if something has been +seized or taken possession of wrongfully the court will order +it returned. Even though valuable as evidence of guilt, the +court will not permit it to be used, if it has been seized in +violation of the guaranty of the Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No matter how humble the home, whether it be owned or +rented, whether it have one room or a dozen, it stands exactly +the same under this constitutional provision, and is guarded +against <span class="tei tei-q">“unreasonable searches and seizures”</span>. No matter +<span class="tei tei-pb" id="page092">[pg 092]</span><a name="Pg092" id="Pg092" class="tei tei-anchor"></a> +how poor the owner, he can stand at his door and defy all +the officers of State or government, yes, and all the soldiers +of the republic, defy them to enter until the provisions of the +Constitution of the United States shall have been complied +with. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now, we come to guaranties of the right of the people to +protection against any trial, except the same be conducted +in accordance with the guaranties of the Constitution. These +guaranties are for all persons, young or old, rich or poor. You +know sometimes the innocent are charged with grave crimes. +A crime is committed in the darkness of the night. The +criminal has fled. The first duty of the officers of the government—the +servants of the people—is to find the criminal so +that he may be punished for his wrongdoing. This is not an +easy task, and no matter how careful officers may be, mistakes +are sometimes made and innocent persons are arrested and +charged with the offense. Bring this home to yourself, because +every one of these constitutional guaranties are for you, +for each of you, for your father, mother, brothers, and sisters. +Keep this in mind. Do not consider them as applying +to somebody away off, some stranger in whom you have +no interest. <em class="tei tei-emph"><span style="font-style: italic">They apply to you.</span></em> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now suppose that to-night a murder should be committed, +and to-morrow your father should be arrested and charged +with the crime of which he was entirely innocent. It will be +very important to him that he should have a fair chance, a +fair trial. His liberty would be at stake, and liberty under +the Constitution is a sacred thing. Thinking of liberty his +mind would naturally turn to the Constitution, and if he +examined it, he would find the following guaranty: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No person shall be held to answer for a capital, or otherwise +infamous crime, unless on a presentment or indictment +of a Grand Jury, except in cases arising in the land or naval +</span><span class="tei tei-pb" id="page093">[pg 093]</span><a name="Pg093" id="Pg093" class="tei tei-anchor"></a><span style="font-style: italic"> +forces, or in the Militia, when in actual service in time of +War or public danger.</span></span>”</span><a id="noteref_61" name="noteref_61" href="#note_61"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">61</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now you do not understand this, do you? And yet it is +very simple. When a man is arrested, he is brought before +the court for trial. But how, and before whom shall he be +tried? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Remember that in America the enforcement of law is in +the hands of the people. Remember that this is a government +by the people and that the chief purpose of government +is to protect the liberties of the people. Here is your father's +liberty at stake. If he should be convicted of having committed +this murder, he might be hanged or sent to prison for +life, so it is very important to him that the investigation into +the charge against him shall be conducted in the right +manner. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Under this constitutional guaranty which is also included +in your State Constitution, there is no court and no judge in +the United States big enough or powerful enough to call your +father before the court for trial until he has been indicted +by a grand jury. A grand jury, generally composed of twelve +or more men selected from ordinary citizens, is brought together +every term of court. They sit in a room by themselves +and hear evidence as to the commission of offenses. They +have no power to find a man guilty or not guilty. Their +power and their duty is to decide whether the evidence +brought before them is sufficient to justify putting the accused +man on trial for the offense. They hear the witnesses +for the State or government. The defendant is not brought +before them personally, nor is he represented in any way. +It is simply a secret investigation. If these men upon this +investigation decide the evidence is not sufficient to warrant +the trial of a man, he is discharged. He cannot be put on +trial before the court. Before the court can proceed the grand +jury must first say that the man shall be tried. The people +<span class="tei tei-pb" id="page094">[pg 094]</span><a name="Pg094" id="Pg094" class="tei tei-anchor"></a> +thus have in their hands the power of protecting the innocent, +and the power of instituting proceedings against the +guilty. The grand jury brings in its report by an <span class="tei tei-q">“indictment”</span> +which is merely a written statement to the court that +the grand jury believes the defendant should be put upon +trial for a certain offense. When this indictment is brought +in, the defendant is called before the court, the charge is read +to him, and he is then required to say whether he is guilty +or not guilty. If he says that he is not guilty, then preparation +must be made for a trial in the court, before a petit +jury, a trial jury, which we will consider later. The thing +I want to impress upon you now is the care with which the +framers of the Constitution guarded the right of your father +to have an investigation by a body of citizens before he can +be brought up for trial for this murder which has been committed. +He cannot be dragged by officers before some court +and forced to go hurriedly through a form of trial only to be +found guilty. The proceedings must be deliberate and careful. +The Constitution guards him against danger of conviction +without substantial proof of his guilt. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are a few minor offenses, sometimes called misdemeanors, +and there are violations of city ordinances, in +which an indictment is not necessary, but an indictment by +a grand jury is necessary whenever the crime is infamous or +capital; that is, generally speaking, when punishment would +involve imprisonment in the penitentiary or the taking of +life by hanging or otherwise. You will understand this +better as we consider the trial before the petit jury. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You may think it is difficult to learn all about grand juries, +the number of jurors, and the manner in which they are +sworn to perform their duties. I do not blame you. But +bear in mind I am not insisting that you shall learn all these +details. Of course the more knowledge we have about these +matters the better. But <em class="tei tei-emph"><span style="font-style: italic">the important thing</span></em> is that you shall +<span class="tei tei-pb" id="page095">[pg 095]</span><a name="Pg095" id="Pg095" class="tei tei-anchor"></a> +learn that away back more than one hundred and thirty +years ago the people of America in framing the Constitution +of our country, by written guaranties, made this a government +by the people. Knowing that the most sacred thing +on this earth is human liberty, they sought to guard it by +providing every possible safeguard which would protect the +innocent from unjust conviction. They trusted the people. +While courts were provided, the power to accuse the humblest +human being living under the American flag of a grave offense +and bring him before a court for trial was reserved to +the people themselves. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Grand juries are merely representatives or agents of the +people. As they sit in court they are exercising some of the +highest and most important duties exercised by men. Grand +jurors and petit jurors hold in their hands the liberty of their +fellowmen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is these great truths I wish to impress upon you. I want +you to have the knowledge, but more than this, I want you +to have the spirit, the spirit of confidence in your government, +and the spirit of gratitude that you live in America +where the people rule, where the people not only make the +law, but enforce it. +</p> + +<span class="tei tei-pb" id="page096">[pg 096]</span><a name="Pg096" id="Pg096" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. In the olden days how could a strong man abuse one suspected of +stealing? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What would he be compelled to do to-day? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Why are the guaranties regarding trials important to you? +</p> + +<span class="tei tei-pb" id="page097">[pg 097]</span><a name="Pg097" id="Pg097" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Who may accuse or charge a person with a crime? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Is a person charged with a crime necessarily guilty? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. What is a grand jury? What is its purpose? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. How are members of a grand jury servants of the people? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. Is a search warrant valid if no sworn statement has been filed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. What are the rights of the owner, if a search is made without +proper warrant or papers? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. State the guaranty of the Constitution with reference to indictment +by a grand jury. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +11. Is the session of a grand jury secret or public? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +12. Is the defendant present before the grand jury during the investigation? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +13. What is meant by <span class="tei tei-q">“indictment”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +14. What is done when the grand jury returns an indictment? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +15. What offenses may be prosecuted without an indictment? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Discuss the procedure of securing a search warrant? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. If we had no guaranty of security of property rights what effect +would this have with reference to working, earning, and saving? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. How is the fact that we have a grand jury an evidence of the care +with which our government guards our rights? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. What is a heinous crime? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Write a paper on: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Early Abuses of Power in Search and Seizure +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Some Interesting Violations of this Right +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Grand Jury as an Evidence That the People Rule +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +An Account of the Work of One Grand Jury +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page098">[pg 098]</span><a name="Pg098" id="Pg098" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc27" id="toc27"></a> +<a name="pdf28" id="pdf28"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XII. Rights Of Accused</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Acquittal By Jury Final—Accused Not Compelled +To Be A Witness</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now keeping in mind that this is a personal matter with +each one of us, that we are talking about our own rights, +that some day our liberties may be in danger, let us take up +the next guaranty of the Constitution: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">nor shall any person +be subject for the same offence to be twice put in jeopardy +of life or limb</span></span>”</span>.<a id="noteref_62" name="noteref_62" href="#note_62"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">62</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am sure you do not know what that means. I am sure +there is not one of you who ever dreamed that such a thing +might happen to you as to be <span class="tei tei-q">“twice put in jeopardy of life +or limb”</span>. This is very important and likewise very simple. +In the olden days, in the old world, many a man was tried +for a crime in court and found not guilty, and then later +was arrested and put on trial again and found guilty. Suppose +your father, as I said the other day, should be arrested, +although he were innocent. Suppose he were indicted by +this grand jury and brought on for trial. He would be compelled +to hire a lawyer, if he were able to, and get ready for +trial. The trial would come on, and days or possibly weeks +might be spent in examining witnesses. Finally the case +would close and the jury would bring in a verdict of <span class="tei tei-q">“not +guilty”</span>. It would be an expensive proceeding. Perhaps it +would take all the money he had saved. It would not only +be expensive but it would be a hard strain upon him, your +mother, the other children, and yourself. It is a very serious +matter for an innocent man to be tried for murder. Still +the verdict of <span class="tei tei-q">“not guilty”</span> comes in and you are all full of joy +to realize that his life and liberty have been saved. Now suppose +<span class="tei tei-pb" id="page099">[pg 099]</span><a name="Pg099" id="Pg099" class="tei tei-anchor"></a> +it were possible that within a couple of weeks afterwards +he could again be arrested, indicted, put on trial. All of the +family would again be subjected to worry and sorrow. You +do not think it would be just, do you? It would not be right. +Of course it wouldn't be right, but men in the olden days +have been compelled to submit to such injustices. So when +the Constitution was adopted this guaranty which I just read +was put in there, so that for any offense against the United +States no man can be tried again after acquittal. Once a jury +of his fellowmen, his neighbors, brings in a verdict of <span class="tei tei-q">“not +guilty”</span> that ends forever any prosecution for the same offense. +He is free and there is no power in the United States nor any +of its officers to call him again for trial for that offense. Most +of the States have a like constitutional guaranty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then there is another important guaranty: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">nor shall (he) +be compelled in any criminal case to be a witness against +himself</span></span>”</span>.<a id="noteref_63" name="noteref_63" href="#note_63"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">63</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I wonder if you have ever heard of the days when men +were tortured to make them confess. I wonder if you ever +heard of the rack where men were stretched, almost torn +limb from limb, or of the days when men were hung up by +their thumbs, in order to compel them to admit their guilt +of some crime. Have you read of the burning of the soles +of men's feet? Or the application of red hot irons to other +parts of the body in order to extort a confession? Well those +were common things in some of the countries in the days before +America was born. Men would be arrested, charged +with an offense, and then an effort would be made to torture +them into confessing to the crime. And often where no +such brutal torture was employed, men were brought into +court, put on the stand, threatened, examined, and cross examined +by lawyers to try to gain admissions which might +help to prove their guilt. Of course this was all wrong. It +was brutal. It was a violation of human right. When the +<span class="tei tei-pb" id="page100">[pg 100]</span><a name="Pg100" id="Pg100" class="tei tei-anchor"></a> +Constitution of the United States was framed this great abuse +of human privilege was absolutely barred by the provision, +that no one can <span class="tei tei-q">“be compelled in any criminal case to be a +witness against himself”</span>. In this country, when a man is +brought into court charged with a crime, it is the duty of +the government to prove his guilt. This proof must be by +the sworn testimony of witnesses of certain facts or circumstances, +aside from any statement or admission by the defendant. +He cannot be compelled to be a witness at all. If +he so wishes, however, he may be a witness for himself. This +privilege was denied him under the English practice for generations, +and even in this country in many of the States until +a comparatively recent time; but never since the Constitution +was adopted could any person charged with a crime +against the United States be compelled to testify to any fact +or circumstance in relation to the crime. Not only can he +sit in the court room and listen to the stories told against him, +but he is guaranteed this right by protection against any +threats or inducements outside of court and before the trial +which would lead him to say anything against his innocence. +Every judge in criminal courts has been compelled at times +to refuse to admit in evidence before the jury certain statements +or alleged confessions. You may see in the paper +where some man has been arrested for breaking into a bank +or committing some other offense, and it may be further +stated that the defendant has confessed that he broke into +the bank. Naturally you then say to yourself that he will +be found guilty. Well this constitutional guaranty not only +protects him in court but protects him out of court. He +cannot be compelled to give answers after his arrest while he +is in jail, or even if he is at liberty under bond, which can +be used against him upon the trial. Of course a person +charged with a crime may waive this constitutional guaranty. +He may voluntarily say that he wants to tell his story, and +<span class="tei tei-pb" id="page101">[pg 101]</span><a name="Pg101" id="Pg101" class="tei tei-anchor"></a> +if he does so without any inducement, promises, or threats +it may be admitted against him when the trial comes. Otherwise +not. To be admitted, it must appear to be absolutely +voluntary and of his own free will. If it appears that the +confession has been induced by promises of lighter sentence +or <span class="tei tei-q">“that it will be easier for him”</span>, or if any other inducement +is used to get him to consent to make his statement, +such statement cannot be used in evidence because of his +constitutional guaranty. Many times I have seen the court +refuse to admit proof of an alleged confession of a defendant, +and I could see that the jury trying the case and the people +sitting in the court room were surprised that the judge would +not admit such proof even when the confession was signed by +the defendant; but the jury and the people did not happen to +think of this constitutional provision. Perhaps they had never +heard of it. Every judge is sworn to uphold and defend the +Constitution. No judge can permit any provision of the +Constitution to be violated if he can help it. A man is on +trial before him. A written confession is offered in evidence +to help convict him. The defendant's attorneys claim that +the confession was not voluntary but was induced by threats +or promises. The court then makes inquiry and hears the +witnesses upon this question, and if the court finds that the +confession was not the voluntary act of the defendant, the +same will be excluded because the Constitution provides that +no man <span class="tei tei-q">“shall be compelled in any criminal case to be a +witness against himself”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us turn again to the false accusation against your father. +He is charged with murder. He is on trial before a jury. +The attorney for the government pulls a paper out of his +pocket and offers it in evidence. It appears to be signed by +your father. Your father's attorney objects to having it considered +by the jury for the reason that the policemen took +your father into a cell in the jail, and threatened that they +<span class="tei tei-pb" id="page102">[pg 102]</span><a name="Pg102" id="Pg102" class="tei tei-anchor"></a> +would beat him with their clubs unless he would sign a paper +telling how he committed the offense, and that in terror he +signed the paper. At this point, the court would hear the +statements of your father, and other evidence, and if it appeared +that there were any threats of any kind used to get +your father to sign the paper, it would not be admitted in +evidence at all. Your father would only claim his constitutional +rights as an American, and they would not be denied +to him. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are notable instances in which confessions were +made and signed by innocent parties, who were discouraged +because the facts seemed to be all against them, who felt that +they were certain to be convicted, and that their punishment +would be lighter if they would make a confession. Under +this impression they made and signed a confession. It was +afterward found that the confession was false and that they +were innocent of the crime. This constitutional guaranty +protects against any injustice of this kind. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These careful efforts of the makers of the Constitution to +guard the liberties of the most humble persons must impress +us with the earnestness of their efforts to make this a free +country, where no one shall be deprived of his life or liberty +except where proven guilty, after a most carefully guarded +trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Isn't it fine to live in a country where the people have a +Constitution written in such simple language that even the +little children can read it? I want every one, even the smallest +child, to understand that every line of the Constitution +was written to guard and protect each one of us, young +and old, against injustice and wrong. These safeguards cannot +be taken away except by the people themselves. The +President cannot change the Constitution. Congress cannot +change it. Judges cannot change it. No one but the men and +women of America can alter it in the least. +</p> + +<span class="tei tei-pb" id="page103">[pg 103]</span><a name="Pg103" id="Pg103" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Show how being put on trial again and again for the same offense +would be an injustice. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why is it right to have the verdict of <span class="tei tei-q">“not guilty”</span> final? +</p> + +<span class="tei tei-pb" id="page104">[pg 104]</span><a name="Pg104" id="Pg104" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. What would be the result if it were not final? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Why is this of <em class="tei tei-emph"><span style="font-style: italic">particular</span></em> advantage to the poor man? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Why should no man be compelled to be a witness against himself? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Why do they allow a man to be a witness if he so desires? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. What is the importance of the guaranty protecting the defendant +from being examined as a witness? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. When a person is indicted for an offense, what is the duty of the +government with reference to proof of guilt? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. How is guilt proven in court? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. When may a confession made outside of court be introduced as +evidence? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +11. Why would anyone accused of a crime confess guilt, when in fact +he might not be guilty at all? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +12. Can the President or Congress or a judge change any of the provisions +of the Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Discuss the democracy of the provision that the verdict of <span class="tei tei-q">“not +guilty”</span> is final while that of <span class="tei tei-q">“guilty”</span> may not of necessity be final? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Why are confessions wrung from frightened or tortured men likely +to be untrustworthy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Why should the <span class="tei tei-q">“Third Degree”</span> methods be prohibited? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Third Degree +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Early Cases of Torturing Accused Persons +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Burdens, Disadvantages, and Injustice of Permitting a Retrial +After A Verdict of </span><span class="tei tei-q"><span style="font-size: 90%">“</span><span style="font-size: 90%">Not Guilty</span><span style="font-size: 90%">”</span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Methods Sometimes Used to Secure a Confession of Guilt +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page105">[pg 105]</span><a name="Pg105" id="Pg105" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc29" id="toc29"></a> +<a name="pdf30" id="pdf30"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XIII. Life, Liberty, And Property</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Rights Protected By Due Process Of Law—Property +Taken For Public Use</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The three great things which every man, woman, and +child cherishes are life, liberty, and property. We see in +every one of these guaranties how careful the people who +made the Constitution were to see that these valuable things +were sacredly guarded. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is stated in the Constitution that: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No person shall ... be deprived of life, liberty, or +property, without due process of law.</span></span>”</span><a id="noteref_64" name="noteref_64" href="#note_64"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">64</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You can understand how important this is if you will +realize how in the olden days people were so brutally treated +by their fellowmen, especially by those in power who happened +to represent the government. Have you ever read the +story of the Bastile, a prison in which hundreds of French +people were thrown without a trial, in which many were murdered +and many kept in dark cells chained to the floor for +years? Have you ever read the story of the Tower in London, +where men were imprisoned and murdered without a +trial by any court and without an investigation by any one, +often without the knowledge of their closest friends? Have +you ever read about how the property of people was taken +away from them without trial or investigation to be turned +over to the king or to some of his friends? Until you have +read something of the past, and realize how people suffered, +how they lost their lives, their liberty, and their property, +you will never realize the wisdom of those who framed our +Constitution, nor the affection which they had for the people +<span class="tei tei-pb" id="page106">[pg 106]</span><a name="Pg106" id="Pg106" class="tei tei-anchor"></a> +of America in protecting them against such horrible treatment. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No person's property can be taken, no person's life can +be taken, no person's liberty can be taken under our +Constitution without due process of law. We do not need to +discuss the meaning of <span class="tei tei-q">“due process of law”</span>. You will +learn more about this later, as you study more fully the +details of the Constitution. It is sufficient now to say that +no person's life, liberty, or property can be taken away from +him without his consent, except by a trial before a legal +court, in which the person shall have the right to a fair hearing. +He must have notice of the charge or claim made +against him. He must have a chance to appear in person. +He must have the right to employ attorneys to represent him. +He must have the privilege of bringing in witnesses to tell +the truth about the charges that may be made. There must +be a decision by the court after a speedy public trial. In all +the States of this country any one is entitled to such a trial, +and he is also, in case of defeat, entitled to appeal and present +his case to a different and a higher court. These courts +are the courts of the people, selected by the people, and +neither government nor individuals have any right to take +away anyone's life, liberty, or property unless the people by +and through their courts shall so find and do. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then we find the following constitutional provision: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">nor +shall private property be taken for public use, without just +compensation</span></span>.”</span><a id="noteref_65" name="noteref_65" href="#note_65"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">65</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course the government at times must have property +which may belong to a private person. The public must at +times take property belonging to an individual. Property +may be taken, even when the owner will not consent to it, +when it is taken for public use. One man's property cannot +be taken by the government and given to another person. +Government buildings must be erected and land must be obtained +<span class="tei tei-pb" id="page107">[pg 107]</span><a name="Pg107" id="Pg107" class="tei tei-anchor"></a> +for such purposes. The public must have railroads, +and a railroad can only be built when land is obtained for +what is called the right of way. Sometimes a railroad must +run through lots or farms belonging to private owners. +The higher right of the public to these conveniences, these +necessities, requires that when necessary the private individual +must give up his right of ownership to these higher +public uses. But even for the Nation, or the State, or railway, +or for any other public use, not one foot of land may +be taken from the poorest man in the country unless he is +first fully paid its value therefor. Usually, of course, the +owner will sell his property for such purpose at a fair price, +but, if he is stubborn and will not do so, or if a fair price +cannot be agreed upon then the government of the State or +of the Nation, or the agents of the State or of the Nation +may take such property by first having its value fixed by a +commission, or a jury, composed of the neighbors of the +owner. Where the amount fixed by such commission or jury +is not satisfactory to the owner of the property, he may appeal +to the court and have a trial, usually a jury trial, in +which he can bring his witnesses and prove the value of his +property, so that he will finally receive its full, fair, just +value. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By this constitutional guaranty every person is well guarded +in his ownership and possession of property. In countries +existing before America not much attention was paid to the +rights of property owners. If the king or emperor should +demand possession of a certain piece of property the owner +had little to say about it. He received his orders and obeyed +them, because he was afraid of the power of the government. +The government could pay or not as it pleased. But this +period of wrong and injustice was ended, so far as the people +of America were concerned, when the Constitution became +the final power in this land. +</p> + +<span class="tei tei-pb" id="page108">[pg 108]</span><a name="Pg108" id="Pg108" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are a few people in this country who seek to have +private ownership of property abolished. No law taking +away the right to own property can ever come into force +in this country until the people by their votes change the +Constitution. The Constitution stands guard over the farms, +the homes, the money, and all forms of personal property. It +guards the cottage of the widow with the same jealous care +that it does the ten-story building of the bank. No person +and no power can interfere with the right to accumulate +property and to hold it, provided only it is honestly obtained. +</p> + +<span class="tei tei-pb" id="page109">[pg 109]</span><a name="Pg109" id="Pg109" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. What are the three things that every man, woman, and child +cherishes? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What does the Constitution say about these three things? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. What was the Bastile? The Tower of London? +</p> + +<span class="tei tei-pb" id="page110">[pg 110]</span><a name="Pg110" id="Pg110" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Show how injustice was worked by confining people without due +process of law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. What are some of the essentials of <span class="tei tei-q">“due process of law”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. When can private property be taken by the government? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. When the State wishes a piece of land, end the owner will not +sell for a fair price, how is the matter adjusted? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. What right for reconsideration has a person against whom a judgment +has been rendered in a trial court? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. How can the reasonable value of property be established or proven? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. Suppose the President of the United States wished a certain piece +of property upon which to build a summer home. Could the President +secure the land? Give reasons. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What are some of the steps necessary to due process of law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. What would be the effect on people if life, liberty, or property could +be taken without due process? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Discuss the process of condemning property. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Evils of the Bastile and the Tower of London +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Why Military Courts Do Not Always Follow This Law +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Different Purposes For Which Property May Be Taken For +Public Use +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Why Ownership of Property Should Be Protected +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page111">[pg 111]</span><a name="Pg111" id="Pg111" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc31" id="toc31"></a> +<a name="pdf32" id="pdf32"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XIV. Criminal Trials</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Accused Guaranteed A Speedy Public Trial By An +Impartial Jury Of The Local District</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I hope no one here this morning will ever be arrested for +a crime of any kind, and yet, as I have already explained to +you, the innocent are sometimes brought before the court +charged with a grave offense. Therefore you should be interested +in the investigation of the truth of any charge that +may be made against you, whether by a private individual +or by a public officer. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have already explained to you that in all grave offenses +when a person is charged with a crime, he cannot be brought +before the court for trial until the grand jury has investigated +the facts and until they have returned an indictment, +or written charge, to the court. Until this is done, the court +has no power to proceed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But now suppose that you have been arrested, suppose that +a grand jury has investigated the charge against you, has +heard witnesses, and has returned an indictment. You are +then brought up before the court, and the indictment is +read to you. This indictment I will explain to you more +fully later. When the indictment is read you are then +required to say whether you are <span class="tei tei-q">“guilty”</span> or <span class="tei tei-q">“not guilty”</span>. +If you have committed the crime charged, it may be advisable +to plead guilty and ask for the mercy of the court in +the punishment which he may impose. Courts usually temper +justice with mercy. Courts will usually impose a lighter +sentence when a guilty person pleads <span class="tei tei-q">“guilty”</span> and avoids the +delay and expense of a trial. But, if you are innocent, you +will plead <span class="tei tei-q">“not guilty”</span>, and then the government, through +<span class="tei tei-pb" id="page112">[pg 112]</span><a name="Pg112" id="Pg112" class="tei tei-anchor"></a> +its officers, will get ready for trial. You may not be tried +right away, as it usually takes some time to investigate the +facts and get the witnesses into court. As I will hereafter +explain, you will be entitled to an attorney when the time +comes for your trial, when you will have a chance to hear +the witnesses offered by the prosecution, introduce your own +witnesses, and, under our present law, testify yourself, tell +your own story. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If you will walk into a court some day you will see the +judge and over at one side twelve chairs for the jury. When +your case is called for trial the first thing will be to select +the twelve men who will be the jury in your case. I am not +going to give the manner of selection at this time. This will +be fully explained later. I wish now to impress upon you +the fact that the Constitution expressly guards your rights +by providing that you shall be entitled to have your case +tried, not before a judge, but by a jury composed of men +from the ordinary walks of life, laborers, merchants, farmers, +people of all classes; men just like your fathers are. +They are called. They hold up their right hands and take +an oath to try your case fairly and justly and to make a +finding according to the evidence which is brought before +them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution provides: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall enjoy the +right to a speedy and public trial, by an impartial jury of +the State and the district wherein the crime shall have been +committed, which district shall have been previously ascertained +by law.</span></span>”</span><a id="noteref_66" name="noteref_66" href="#note_66"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">66</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">This is an absolute guaranty</span></em>—a right which is given to +you, given to each of you, to every man, woman, and child, +young or old, regardless of color or creed. A trial without a +jury would be a violation of your constitutional rights. Of +course, there are a few minor offenses, misdemeanors, and violations +<span class="tei tei-pb" id="page113">[pg 113]</span><a name="Pg113" id="Pg113" class="tei tei-anchor"></a> +of city ordinances, which are sometimes tried without +a jury, but in all infamous crimes, for which life may be +taken as punishment or for which a person may be sent to the +penitentiary, every one is entitled to a trial before a jury. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Is not this a sacred right? Don't you think that it is wise +to permit people to have their rights and wrongs determined +by a body of plain, honest men? It removes any suggestion +of the abuse of power by a person in a public position. It +inspires confidence in those who are brought before the court +for trial. If we cannot obtain justice before such a body of +men, how can justice be obtained in this world? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have already told you that in this country the people +are not only the makers of the law but the enforcers of the +law. It is in these jury trials where the people enforce the +law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course, the hearing before the jury is held in court. +The judge presides. He directs the proceedings of the trial, +sees that it is conducted in an orderly way, endeavors to +prevent any falsehoods from getting before the jury, keeps +away from the jury any hearsay or gossip, or expressions of +prejudice, or other matters not founded on absolute knowledge +and truth. But the jurors are the sole judges of what +the truth is, and, when the case is closed, when the evidence +has all been introduced and the attorneys have made their +arguments and pleas, the members of the jury retire to a +private room by themselves. There they discuss the evidence, +come to some conclusion, make a finding of <span class="tei tei-q">“guilty”</span> +or <span class="tei tei-q">“not guilty”</span>, and bring in their finding in the form of a +verdict. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Have you also observed that the constitutional protection +of your liberty not only provides for a jury trial, but also +provides that it shall be a <span class="tei tei-q">“speedy”</span> trial. That is, one +charged with a crime cannot without his consent, be locked +up for weeks and months and years, as has often occurred in +<span class="tei tei-pb" id="page114">[pg 114]</span><a name="Pg114" id="Pg114" class="tei tei-anchor"></a> +other parts of the world. He is entitled to be tried just as +soon as the case can be prepared for trial, in justice to both +sides. Cases are often postponed for many months, but +only by consent of the accused. A case not tried at the second +term of court will usually be dismissed except when the +defendant consents to the delay. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution also provides that it must be a public +trial. Oh! how many men in the long ago have been tried +and condemned in private, where only a few enemies were +present, where one's friends and neighbors could not hear +the charges or the evidence. In this country the doors of +the court room must be open. Any one has a right to enter +and listen to the proceedings. The public has a right to +know what is being charged against the humblest citizen, and +what the proceedings against him are. Thus is justice +guarded. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then the Constitution provides that the trial shall be +before <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">an impartial jury of the State and district wherein +the crime shall have been committed</span></span>.”</span> This is important. +We are not to be sent away among strangers to be tried. +That is what they used to do long ago. That is one of the +things which our forefathers complained of most bitterly. In +the Declaration of Independence the colonies declared: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“He (the King of Great Britain) has combined with +others to subject us to a jurisdiction foreign to our constitution, +and unacknowledged by our laws; giving his Assent +to their acts of pretended legislation ... for depriving +us in many cases, of the benefits of Trial by Jury ... +for transporting us beyond Seas to be tried for pretended +offenses.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When the Constitution was adopted the people made up +their minds that nothing of that kind should ever occur +again in free America. They were so careful that they went +so far as to provide that the district where a trial shall be +<span class="tei tei-pb" id="page115">[pg 115]</span><a name="Pg115" id="Pg115" class="tei tei-anchor"></a> +held <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">shall have been previously ascertained by law</span></span>”</span>. That +is to say, that the place of trial, the county or district where +it shall be held, must be fixed by law before the crime is committed. +The courts or the legislature of any State cannot, +after a crime is committed, pass a law providing that such a +crime shall be tried in a district then to be named. The law +must fix this in advance of the commission of any offense. +For instance, without such a constitutional provision, a person +who committed a crime in the State of New York might +be taken to California to be tried. This would not be American +justice. The accused would have the right to point to +the Constitution of his country and demand that he should +be tried in New York, and any court which would not grant +this right would not only violate the oath which every judge +takes before he undertakes to perform the duties of such +office, but his unlawful conduct would perhaps result in his +impeachment. The proceedings would be reversed by a +higher court, and the party would be granted a new trial at +a place and in accordance with his constitutional privileges. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Isn't it wonderful how the little details which may affect +one's liberty were so carefully considered away back there +when they were planning the Nation and establishing the +rules which would guard the rights of the people? +</p> + +<span class="tei tei-pb" id="page116">[pg 116]</span><a name="Pg116" id="Pg116" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Why should all of us be interested in a trial? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Describe a court room scene. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Why is trial by jury a sacred right? What would it be like if +we did not have this right? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. How are jurors selected in your State? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Why is the trial to be held in the vicinity where the crime was +committed? What would be the dangers of taking it far away? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Why should the jury be impartial? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. If the accused person is guilty, why is it advisable to plead guilty? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. Why is it impracticable to hold a trial immediately after the arrest +of the accused person? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. What is the first step in the actual trial? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. After a jury is selected, what is required of them before the trial +commences? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +11. Why is a speedy trial essential to justice? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +12. Why is it important that the trial should be public? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +13. State some offenses that are sometimes tried without a jury. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Can the judge declare an accused man guilty? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. How is trial by jury an evidence of the rule of the people? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Show how this benefits the poor man and the rich man equally. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Why are some trials delayed for many months? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. What is the importance of the clause <span class="tei tei-q">“shall have been previously +ascertained by law”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. Discuss the relative role of jury and judge in a trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Method of Selecting Jurors in Your State +</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Delay in Trial +</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Injustice of Remote Trials +</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Trial by Jury vs. Trial by a Judge +</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Procedure of a Trial From Beginning to End +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page117">[pg 117]</span><a name="Pg117" id="Pg117" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc33" id="toc33"></a> +<a name="pdf34" id="pdf34"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XV. The Indictment</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Defendant Must Be Informed Concerning The +Accusation Against Him</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now, my friends, in order to understand more fully the +value of our constitutional rights, let us again imagine ourselves +in a place of danger, danger of our liberty or of our +life, and let us recall how carefully we have been guarded. +To the poorest tramp, or the richest millionaire, the same +rules apply. Innocent persons may be accused of crimes; they +may be arrested, but they cannot be brought into court and +put upon trial until they are fully advised of the charge +against them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution provides: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall ... +be informed of the nature and cause of the accusation.</span></span>”</span><a id="noteref_67" name="noteref_67" href="#note_67"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">67</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is the first step in bringing a person to trial. He +does not go blindly. He must be informed <span class="tei tei-q">“of the nature +and cause”</span> of the charge against him. He must be given full +knowledge of the crime which it is claimed he committed. +<span class="tei tei-hi"><span style="font-style: italic">How is this done?</span></span> Well, we have to consider the constitutional +provision that one cannot be put upon trial for an +infamous crime <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">unless on a presentment or indictment of a +Grand Jury</span></span>”</span>. What this constitutional provision means is, +that a grand jury shall hear and consider the evidence and, +if satisfied that a person shall be tried, they shall draw up a +writing called an <span class="tei tei-q">“indictment”</span>, which they shall return publicly +in court. This indictment is a brief statement by which +the grand jury makes a charge against the person named of +having committed a certain offense, and the indictment must +state not only the name of the offense, but the manner, +<span class="tei tei-pb" id="page118">[pg 118]</span><a name="Pg118" id="Pg118" class="tei tei-anchor"></a> +briefly stated, in which the grand jury claims the offense was +committed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So that under this constitutional guaranty the person accused +knows what he is to be tried for. This enables him to +prepare for his defense. When his attorney is consulted he +examines a copy of the indictment. He sees what is charged +in it. He then talks over with the accused the facts and +circumstances with relation to the crime charged. He then +makes proper inquiry. If possible he secures witnesses with +relation to the charge and thus is enabled to come into court +ready to hear the evidence offered by the prosecution and +ready to introduce witnesses to contradict or explain the +testimony introduced by the prosecution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So you see how valuable this right is. One may proceed +intelligently, with full light upon the alleged transaction. +He is not required to stumble in the darkness, perhaps to +tumble into a pitfall. Without such a provision you can see +how helpless an innocent person might be if brought suddenly +before the court for trial for an offense which he never +committed. If he were not first advised of the nature of +the charge and the circumstances he might be helpless. You +know evidence is brought before the court by witnesses who +are called by the attorneys for the prosecution and for the +accused. These witnesses take oath to tell the truth. But, +unfortunately, witnesses do not always tell the truth. They +sometimes commit perjury. One must be ready to meet +false testimony. By the constitutional guaranty requiring +that the accusation be in writing, stating the crime and its +nature, one can be prepared. In many of the States still +greater precaution is taken to guard against any possible +wrong, by requiring not only an indictment but also requiring +that there shall be furnished to the person accused the +names of witnesses and a brief statement of the evidence +which the prosecution expects to offer, this to be furnished +<span class="tei tei-pb" id="page119">[pg 119]</span><a name="Pg119" id="Pg119" class="tei tei-anchor"></a> +before the trial commences so that the defendant may get +ready to meet it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Did you ever go into a court when a man was upon trial +for a grave offense? You should do so. Everyone should do +so. But you should go there with the proper spirit, not for +amusement, not to criticise, but with a full realization of the +great human drama there being enacted. There at or near +the trial table you will see the defendant, the man who is +being tried. He may be a stranger. He may be poor. He +may possibly be wicked, but he is a human being; and no +matter what faults he may have he is an American citizen, +and under the Constitution of our country he cannot be convicted +until proven guilty of the particular crime charged in +the indictment. He sits there while witnesses are telling their +stories. You will see him watching the jury. Occasionally +he looks at the judge. But he knows that no matter what +the judge may think, he cannot find him guilty. The jury +and the jury alone can convict. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is a solemn proceeding, though the lawyers may at +times appear to use trifling words in their discussions. The +prisoner looks through the court room window. Outside the +sun is shining, the birds are singing, and the breezes sway +the branches of the green trees. Everything seems to suggest +liberty and freedom. At no time is liberty so sweet as when +it is in danger. The prisoner realizes that in a few days the +trial will be ended and the verdict of the jury will determine +whether he shall go out of the court room to freedom or to +prison. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To-day it is the stranger who is on trial. To-morrow it +may be someone who is near and dear to you. If such misfortune +should come, then you will fully realize what a +wonderful blessing it is that under our Constitution everyone +is assured of a fair trial, that a person can only be tried for +the specific offense stated in the indictment, and that a verdict +<span class="tei tei-pb" id="page120">[pg 120]</span><a name="Pg120" id="Pg120" class="tei tei-anchor"></a> +of guilty can only be rendered when the evidence is strong +enough to convince the jury of guilt beyond a reasonable +doubt. +</p> + +<span class="tei tei-pb" id="page121">[pg 121]</span><a name="Pg121" id="Pg121" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Restate the guaranties that every man has before being brought +to trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why should the accused be informed of the nature of the accusation? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. What would be the result if he were not so informed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Why is it necessary that this accusation be put in writing? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Why is this important to everybody? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Illustrate the dangers of secret charges. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. What chance has a person with malicious and secret gossip? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Upon a trial can evidence of hearsay or gossip be offered to prove +guilt? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. When a person makes a charge against a person and says, <span class="tei tei-q">“Don't +tell anyone that I said this”</span>, what is the effect? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Tell some of the dangers and injustices of slander. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. What is the first step in bringing an accused person to trial? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. Is it sufficient to charge the defendant with having committed murder +without any further explanation? Give reasons. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. What is required of a witness before he is examined? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I. What is perjury? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +J. Why is a trial a solemn proceeding? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +K. How strong must the evidence be in order that a person may be +found guilty? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +L. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Need of a Public and Written Charge</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Danger of the Secret Slander</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How An Accused Person Prepares For His Trial</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">A Visit to a Court in Session</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page122">[pg 122]</span><a name="Pg122" id="Pg122" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc35" id="toc35"></a> +<a name="pdf36" id="pdf36"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XVI. Guarding Rights In Court</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Confronted By Witnesses—Compulsory Process—Aid +Of Counsel—Jury In Civil Trial</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am sure that no one until he has studied the Constitution, +no one certainly who is not a trained lawyer, will realize the +many safeguards necessary to protect persons who may be +wrongfully accused of a crime; but the framers of the Constitution +knew the dangers from the sad experiences of innocent +men and women who had been sacrificed by tyrants who +had but little regard for human life or for human liberty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course you now understand that in case an indictment +is returned by the grand jury, the person accused comes into +court, or is brought in, and enters his plea of <span class="tei tei-q">“guilty”</span> or of +<span class="tei tei-q">“not guilty”</span>. If he pleads <span class="tei tei-q">“not guilty”</span> a jury is brought together, +<span class="tei tei-q">“empanelled”</span>, as it is called, and they are sworn to +hear the evidence, and decide the case according to the evidence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But in these grave criminal trials, in order that the truth +may prevail, every accused person is given the right to be +confronted by the witnesses against him. The Constitution +provides: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall ... +be confronted with the witnesses against him.</span></span>”</span><a id="noteref_68" name="noteref_68" href="#note_68"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">68</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What does this mean? It means that the government, the +prosecution, cannot prove guilt by witnesses who are not +present in court where the defendant can see them, where +they may be cross examined by counsel, where the jury may +observe them, and study their conduct and demeanor, because +this often helps in determining whether a person is +telling the truth or a falsehood. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In ordinary trials where property alone is involved, a +<span class="tei tei-pb" id="page123">[pg 123]</span><a name="Pg123" id="Pg123" class="tei tei-anchor"></a> +witness may live in another State or at some great distance +from the place of trial. Witnesses cannot be brought a long +distance in those cases. In some States they cannot be compelled +to attend a distance of more than seventy miles. In +other States, not more than one hundred miles; so that to get +their testimony, the parties take their depositions. This +means that instead of bringing the witness into court, the +parties obtain an order by which they can go to the place +where the witness is. There he is sworn before a commissioner, +or a notary public, examined, and his testimony +is taken in writing. The testimony is returned to the court +where the trial is to be held, and is then read to the court or +the jury upon the trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But in the trial of a person accused of a crime, depositions +cannot be used against him. Statements of witnesses in +writing, or in any other form, cannot be used by the prosecution. +The witnesses must be physically in court before the +accused, and there orally testify, and the defendant must +have the right to cross examine them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But to give the accused person every possible aid in +enabling him to have the truth brought before the court +and jury, he may take the depositions of witnesses in his own +behalf. That is, the prosecution—the State or the Nation +accusing a man of a crime—must prove the truth of the accusation +by witnesses personally in court confronting the +defendant, but the defendant is given the privilege of taking +the testimony of witnesses at a distance, in the form of depositions +which are read to the jury. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This provision of the Constitution may be very important +to an innocent person sometimes. The importance of it may +never appear to us until unfortunately we be wrongfully accused +of a crime, and our life or liberty in danger. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then the Constitution further provides: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall enjoy the +</span><span class="tei tei-pb" id="page124">[pg 124]</span><a name="Pg124" id="Pg124" class="tei tei-anchor"></a><span style="font-style: italic"> +right ... to have compulsory process for obtaining +witnesses in his favor.</span></span>”</span><a id="noteref_69" name="noteref_69" href="#note_69"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">69</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is also very important. <span class="tei tei-q">“Compulsory process”</span> means +an order of the court, commonly called <span class="tei tei-q">“subpoena”</span>, which is +served upon witnesses by the marshal, or the sheriff, or other +authorized person, commanding them to appear in court for +examination before the court and jury as to the truth of +matters involved in the accusation against a person on trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Here I wish you to recall the unfortunate fact that every +little while somebody is complaining about our government +as <span class="tei tei-q">“a rich man's government”</span>. It is often claimed that the +poor have no chance for justice. The truth is that the rich +and the poor stand equal in the courts. In creating the +Constitution, it is known of course that someone might +be brought before the court who was poor, without money, +possibly without friends. He might be innocent, but in +order that his innocence might be established it would be +necessary for him to have witnesses who might live many +miles away, who would not come into court to testify of +their own free will. Therefore, there was inserted in the +Constitution this provision, that every defendant shall have +the right to compulsory process, commanding witnesses to +appear, and there is no one so poor that he cannot have +this privilege, because the United States—and in most of the +States we have a like provision—not only issues subpoenas +and compels the officers to serve them, but it pays the expense +of serving, and pays the witness fees and mileage, so +that the poor man has all of the rights in getting the truth +before the court and jury that the richest may have. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Furthermore, in the same American spirit, when persons +accused of an offense are too poor to employ counsel, the +government will furnish counsel. The Constitution provides: +</p> + +<span class="tei tei-pb" id="page125">[pg 125]</span><a name="Pg125" id="Pg125" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In all criminal prosecutions, the accused shall ... +have the Assistance of Counsel for his defence</span></span>.”</span><a id="noteref_70" name="noteref_70" href="#note_70"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">70</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is no person so poor, or obscure, or friendless, that +when he is charged with a crime which might affect his liberty +or his life, he shall not have the right to a full, fair +trial. Not only are his witnesses produced and paid by the +government, but an attorney is appointed by the government +to represent him, and help him establish his innocence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is a wonderful illustration of the paternal care which +is manifested for those who may be unfortunate, and this is +all because under our Constitution, liberty is a sacred thing, +and it shall not be taken away except in punishment for a +crime which has been proven in open court in a public trial +before a jury, where the party has been confronted with the +witnesses against him, where he has had a chance to furnish +witnesses in his behalf and the aid of counsel in his trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then the people who brought the Constitution into being, +feeling that so far as practicable they should have control +of the enforcement of law not only in criminal cases, but in +civil cases, included a guaranty in the Constitution that: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In suits at common law, where the value in controversy +shall exceed twenty dollars, the right of trial by jury shall +be preserved.</span></span>”</span><a id="noteref_71" name="noteref_71" href="#note_71"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">71</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course there is often more or less controversy about +property of small value, where the expense and delay of jury +trials might possibly be oppressive, but in any case involving +more than twenty dollars in value, triable under the common +law, which includes practically all cases except those peculiar +cases triable in Chancery, or in Courts of Equity, the parties +are entitled to a trial by jury. That is, instead of introducing +their evidence and having the judge decide what the truth is +between them, the parties are entitled to have a jury of men +from the ordinary occupations of life hear the evidence and +say from the evidence what is the truth. +</p> + +<span class="tei tei-pb" id="page126">[pg 126]</span><a name="Pg126" id="Pg126" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And furthermore, the people provided in the Constitution +that: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No fact tried by a jury shall be otherwise re-examined in +any Court of the United States, than according to the rules +of the common law.</span></span>”</span><a id="noteref_72" name="noteref_72" href="#note_72"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">72</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Here again is the right to a jury trial, and the benefit of +a jury trial, and to a trial according to the established rules +and precedents of the common law courts carefully preserved. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now my friends, I know that there is much confusion in +your minds about trials in court. I do not expect you to +know all about trials. We are studying the guaranties of the +Constitution so that we shall learn human rights—our rights—under +the Constitution. I am talking to you about the +safeguards of the Constitution so you shall know your rights, +especially so that you will always venerate the Constitution +which guards your rights, and defend it against those who +may assail it. But I do want you to have a clear idea of +what a trial in court is. I want you to know the purpose of +the long days of examination of witnesses, the objections of the +attorneys to certain questions asked, the rulings of the court, +and the arguments of counsel. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">The main purpose, aim, and object of every lawsuit</span></em>, as +trials are usually termed by people who are not lawyers, <em class="tei tei-emph"><span style="font-style: italic">is to +find the truth</span></em>. The proceedings in court in every lawsuit +are a continuous search for the truth. If in disputes we +could agree to what the truth is, there would be few lawsuits +to try. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A lawsuit only arises where there is a dispute to settle. If +people agreed about their rights there would be little need +of courts. In criminal cases, the government through the +grand jury charges by indictment that a man committed a +certain crime. The government says the man did it. He +denies it by a plea of not guilty. He says he did not. The +trial before the petit jury is merely a search for the truth +<span class="tei tei-pb" id="page127">[pg 127]</span><a name="Pg127" id="Pg127" class="tei tei-anchor"></a> +about the charge. <em class="tei tei-emph"><span style="font-style: italic">What is the truth about the matter in +dispute</span></em>, that is all that is involved in an ordinary lawsuit. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Picture two boys in a dispute about which owns a ball. +One positively asserts that it is his, that his father bought it +and gave it to him. The other is just as sure that it is his. +He says that his brother gave it to him. They quarrel so +excitedly that a neighbor coming across the street asks the +cause of the trouble. They tell him their claims and ask him +to decide. One boy points out a rough spot on the ball +which he insists was caused by a blow from his bat while +he was playing in his own yard. The other says that his +brother gave him a ball with red and white stitches. The +neighbor, after hearing these and many other claims, decides +the case, giving the ball to the boy whom he finds to be the +owner. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In this we have every element of a lawsuit. The dispute, +the court (the neighbor), the witnesses (the boys), and the +judgment based upon what the neighbor finds to be the truth +from the evidence before him. That is all that any court +or jury can do, but under the Constitution in cases involving +life or liberty every possible safeguard is provided so that +the truth may be found, so that justice may be done. +</p> + +<span class="tei tei-pb" id="page129">[pg 129]</span><a name="Pg129" id="Pg129" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Why should all witnesses for the prosecution speak in the actual +presence of the accused? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why should the accused be allowed to have testimony in his favor +submitted in writing? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. In what cases is written testimony ordinarily admitted? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. What is compulsory process? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. In what ways does the Constitution aid the poor man? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. In what cases may there be a trial without a jury? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. What is the main purpose of any lawsuit? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. What is meant by cross-examination of a witness? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. In what way do these provisions sustain the fact that our government +is a democracy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Is a person more likely to commit perjury when not actually facing +the person accused? Give reasons. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What is the provision of the Constitution as to <span class="tei tei-q">“compulsory process”</span>? +Explain the importance of this right. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Explain the provision of the Constitution as to the right to have +counsel. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Show how compulsory process and free counsel help the poor man. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. Why is jury trial omitted in small controversies? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. What is a <span class="tei tei-q">“civil”</span> case? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How Perjury is Detected</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Oral and Written Testimony</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How the Poor Man is Protected</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Purpose of a Trial in Court</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Story of a Tramp Without Money, Accused of an Offense: +How the Constitution Helps Him</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page130">[pg 130]</span><a name="Pg130" id="Pg130" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc37" id="toc37"></a> +<a name="pdf38" id="pdf38"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XVII. Punishment</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Prohibition Of Excessive Bail Or Fines, Cruel Or +Unusual Punishments, And Involuntary +Servitude</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Before we finish, I want you to have in your mind a clear +conception of the way in which a person accused of an offense +is brought before the court, tried, and convicted or +acquitted. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have already explained that the first step is the arrest +of the suspected person.<a id="noteref_73" name="noteref_73" href="#note_73"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">73</span></span></a> Again put yourself in the place of +the suspected person. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You are arrested. It is the duty of the officer making the +arrest to bring you into a court, but this is not generally +to a trial court. A person is generally brought before what +is called a committing magistrate, a justice of the peace or +commissioner—some person having authority to issue warrants +of arrest. You may be far from home and friends +when you are arrested. You may be entirely unacquainted +in the neighborhood. The government is not ready to proceed +to your trial. Witnesses must be summoned, not only +for the government, but if you have witnesses you desire to +use, they must be brought in. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The general rule is to set the case for hearing—a <span class="tei tei-q">“preliminary +hearing”</span> in a day or two, or a week possibly. You must +therefore wait until this time comes. What are you going to +do? Must you go to jail until they get ready to have the hearing? +No, you are entitled to bail; that is, you are entitled to be +discharged upon a bond fixed by the magistrate, commissioner, +or judge. There are usually only two offenses which +are not, as the saying is, bailable—murder and treason. Usually +<span class="tei tei-pb" id="page131">[pg 131]</span><a name="Pg131" id="Pg131" class="tei tei-anchor"></a> +where murder or treason is charged, the person is not +admitted to bail. He is locked up in a cell to await trial; +but as a general rule, when a person is arrested his bail is +fixed—that is, the amount of the bond which he must file +in order to be discharged pending the trial. For instance, +if it were a charge of stealing a bicycle, the court might fix +the bail at $500 or $1000. That would mean that if he +would file a bond, with sureties, conditioned that in case +he did not appear for hearing—that he should run away, for +instance—the sureties would pay into the court the amount +of the bond. Mostly any person of fair standing in a community +can secure some friends who will sign such a bond, +so that he may have his liberty until the trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But the framers of the Constitution, again anxious about +the liberties of the people, provided: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Excessive bail shall not be required.</span></span>”</span><a id="noteref_74" name="noteref_74" href="#note_74"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">74</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There were many instances in the olden days where bail +was purposely fixed so high—so far beyond all reason in view +of the nature of the offense that the party could not furnish +the bail, the purpose being to compel the party to remain in +prison. Our Constitution guarantees to every individual that +the amount of bail fixed shall be reasonable in view of the +nature of the offense and if it is not reasonable, the person +arrested may have the matter brought before the court, who +will make full inquiry, and reduce the amount of the bail if +found to be too large. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All through these guaranties of the Constitution, all +through these provisions guarding the sacred rights of every +person, you will see that the effort is that justice shall be +done, not injustice; that right shall prevail, not wrong. That +no one shall be kept in prison, deprived of his liberty, unless +absolutely necessary in the interest of justice. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then after a trial, if a person is found guilty, the Constitution +<span class="tei tei-pb" id="page132">[pg 132]</span><a name="Pg132" id="Pg132" class="tei tei-anchor"></a> +again guards the rights even of the guilty, by providing: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Excessive fines (shall not be) imposed, nor cruel and +unusual punishments inflicted.</span></span>”</span><a id="noteref_75" name="noteref_75" href="#note_75"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">75</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When this constitutional guaranty was written persons +then living could recall without doubt the barbarous punishments +which had been imposed in civilized countries even +for light offenses. Common hanging was not regarded as +sufficient punishment. <span class="tei tei-q">“Hanged, drawn and quartered”</span> was +often heard in the courts of countries which had been left +behind. It was nothing uncommon to see persons upon +the roadside in England left hanging to the gibbet for long +periods of time where the people could see them as a warning. +It was not uncommon in those times to have a penalty of +death imposed for the offense of stealing. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is almost impossible to read of the punishments of the +olden days, even under decrees of courts, without a shudder. +Therefore, every one in America should be filled with gratitude +that in the adoption of our Constitution these excessive +cruelties were forever ended. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We have in this country the death penalty only for the +most grave offenses, and it is seldom imposed. Imprisonment +is generally regarded as just and sufficient. I might spend +an hour if we had time, telling you something of the horrible +dungeons which served as prisons in the olden days, +into which God's sunlight seldom entered; of the chains the +prisoners had to wear; of the starvation; yes, and of the lash—inhumanities +which one can scarcely conceive, and which +can never disgrace the civilization of America. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Again, carefully guarding the rights and liberties of the +people we find: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Neither slavery nor involuntary servitude, except as a +punishment for crime whereof the party shall have been duly +</span><span class="tei tei-pb" id="page133">[pg 133]</span><a name="Pg133" id="Pg133" class="tei tei-anchor"></a><span style="font-style: italic"> +convicted, shall exist within the United States, or any place +subject to their jurisdiction.</span></span>”</span><a id="noteref_76" name="noteref_76" href="#note_76"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">76</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is not a part of the original Constitution. It was +adopted after the war had driven slavery from our shores. +The spirit of America has from the beginning been exerted +in enlarging the rights of human beings. Slavery existed +before the adoption of the Constitution, and so strongly was +it intrenched at that time in some of the colonies that it +was impossible then to wipe it out. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But it did not belong in America, and the time came when +the American people, after a long bitter war, crushed the +slave power, and swept from our shores the last vestige of +involuntary servitude. That it might not be renewed, the +people amended the Constitution so as forever to bar slavery +or involuntary servitude except as men might be put in +prison in punishment for crime after a full, fair trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Did you ever read of the debtor's prison? It used to be +in nearly every country in the world, that men who were +merely unfortunate, who got in debt and who could not pay +when the debt was due were sent to prison, and kept there +sometimes for long periods. It was most cruel, because in +many instances the persons were honest. They wanted to +pay their debts, but sickness came, or floods, or fire, or other +misfortune, and when the time came they were unable to +pay and thus they lost their liberty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In those olden days, men were not only imprisoned, but +in some countries they were compelled to labor for the person +whom they owed. They were compelled to be slaves. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But at last we have reached a stage in America, where +no one may be compelled to work for another, unless by his +own free will, except under conviction of a crime where the +State may compel prisoners to work for some one in order to +help pay the expense of maintaining them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The old debtor's prison is gone. No one in this country +<span class="tei tei-pb" id="page134">[pg 134]</span><a name="Pg134" id="Pg134" class="tei tei-anchor"></a> +can now be imprisoned for an ordinary debt. There are a +few States in which a person may be imprisoned for debts +arising in fraud, but for an ordinary contract debt, mere +inability to pay, no one in America can now be compelled to +submit to imprisonment. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I wish sometime you would think seriously about what +America has done for the poor. In the olden days they +had few if any rights; but to-day in America, while by law +we cannot prevent sickness nor sorrow, or other misfortune, +we can and we do guard the liberty of the poorest and the +most unfortunate. In fact many laws have been enacted which +give to the poor special privileges which are denied to those +who have property or money. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For instance in nearly every State there are what are +called exemptions for a person who is the head of a family, +which protect him even in the possession of a limited amount +of property which his creditors cannot take away from him +in payment of a debt. In most of the States laborers may +hold the earnings of a certain period, for instance ninety +days, for support of themselves and their families, which no +one can touch, which no officers and no court can seize in +payment of a debt. Also they are protected in their household +goods, their clothing for themselves and their families, +and in many other ways. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The farmer who may be heavily in debt is protected for +himself and his family by having exempted to him a team +of horses, harness and wagon, machinery, farm utensils, and +food and clothing for the family. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have not time to relate all that has been done by America +in sympathetic aid of the poor and the unfortunate. No +other country in the world has given such consideration to +the poor as has America. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We hear much talk of social injustice, that the poor man +has no chance. The truth is that more has been done in +<span class="tei tei-pb" id="page135">[pg 135]</span><a name="Pg135" id="Pg135" class="tei tei-anchor"></a> +America during the past twenty-five years to provide justice +for the poor and unfortunate and for those who toil, than +was done in any other country of the world during the last +one thousand years. The spirit of America is right. The +people have the power. They are right at heart. The only +weakness in America is the failure of many thousands of +our men and women to take an active interest in the affairs +of government. Hundreds of thousands, yes millions, of our +voters fail to go to the polls on election day to vote. They +do not seem to feel any gratitude for the privilege of living +in a free country where liberty is guarded by written guaranties +of a Constitution which cannot be changed, except by +the will of the people themselves. +</p> + +<span class="tei tei-pb" id="page137">[pg 137]</span><a name="Pg137" id="Pg137" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. After a person is arrested where is he generally taken by the +officer? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. If the hearing is postponed, what is generally done with him in the +meantime? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. What is bail? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. What offenses are not bailable? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. What is the constitutional guaranty as to bail? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Why should excessive bail be prohibited? What would be the injustice +of this practice? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. What happens when a person <span class="tei tei-q">“out on bail”</span> fails to appear in court +at the time set? Is he relieved of further punishment? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. If a magistrate fixes excessive bail, what may the accused person +do in order to have it reduced? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. Name some cruel and unusual punishments? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +10. When was slavery in America abolished? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +11. What was a debtor's prison? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +12. How does America protect the poor? Can a debtor be put in prison +for failing to pay ordinary debts? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +13. What is meant by <span class="tei tei-q">“exemptions”</span> in relation to property and debts? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Explain the injustice of requiring excessive bail? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. When a judge determines the amount of bail, what factors does he +consider? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What is the purpose of punishment? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Discuss the movement for prison reform. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. What is the purpose of the bankruptcy law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. Write a paper on: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Cruel and Unusual Punishments</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Punishment and Crime in the United States</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How America Protects the Poor Man</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Reformatory Versus the Penitentiary</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page138">[pg 138]</span><a name="Pg138" id="Pg138" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc39" id="toc39"></a> +<a name="pdf40" id="pdf40"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XVIII. Equal Rights Of Citizens</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">All Citizens Entitled To Equal Privileges And Immunities—Right +To Vote Not Abridged</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The great achievement in American government was the +establishment of a Nation composed of independent and sovereign +States. It was not an easy matter to bring all these +States together as one government, so that there would be +harmony and unity; but the framers of the Constitution succeeded +in a wonderful way in adopting rules and regulations—the +Constitution—which made this the most powerful +and the most peaceful Nation in the world.<a id="noteref_77" name="noteref_77" href="#note_77"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">77</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Only once has there been any serious question between the +States, and the Civil War settled that forever. Following the +war, to bind the States more firmly together by the establishment +of the rights of citizens of the various States, an amendment +to the Constitution was adopted in 1868, by the people +of the Nation, which is as follows: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">All persons born or naturalized in the United States, and +subject to the jurisdiction thereof, are citizens of the United +States and of the State wherein they reside. No State shall +make or enforce any law which shall abridge the privileges +or immunities of citizens of the United States; nor shall any +State deprive any person of life, liberty, or property without +due process of law; nor deny to any person within its jurisdiction +the equal protection of the laws.</span></span>”</span><a id="noteref_78" name="noteref_78" href="#note_78"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">78</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This portion of our Constitution establishes the citizenship +of every person born or naturalized in the United States, +and guarantees the rights of such citizens, not only in the +State where he lives, but in any State. No State has the +power, since the adoption of this amendment, to make or +<span class="tei tei-pb" id="page139">[pg 139]</span><a name="Pg139" id="Pg139" class="tei tei-anchor"></a> +enforce any law which shall abridge the privileges, rights, +or immunities of citizens, no matter in what State they may +make their home. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By this amendment all States are prohibited from enacting +any law, or permitting any procedure of their courts, +which shall <span class="tei tei-q">“deprive any person of life, liberty, or property, +without due process of law”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You will recall that immediately after the adoption and +approval of the original Constitution there were ten amendments +adopted which became effective in 1791, in one of +which it was provided that no person <span class="tei tei-q">“shall be deprived of +life, liberty or property, without due process of law”</span>. This +forever barred the United States government from depriving +the humblest citizen of his life, his liberty, or his property, +except through the regular processes of the law which we +have heretofore considered; and by the amendment of 1868 +the same restriction was placed upon every State in the +Union, thus completing the guaranty to every man, woman, +and child, that life, liberty, and property would be safe and +sacred. No power exists in the State or Nation by which life, +liberty, or property may be interfered with, except through +the tribunals established by the people themselves to hear and +determine in a judicial way after proper notice with full opportunity +to be heard in a public trial. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No secret schemes can be devised which will interfere with +the rights of the humblest citizen, no power can be created +strong enough wrongfully to invade the right to life, liberty, +and property. These guaranties, being written into the Constitution, +will stand forever, unless the people by their own +choice shall throw away these great guaranties and destroy +these great blessings. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then following the Civil War, the people of America +adopted the following as part of the Constitution of the +United States: +</p> + +<span class="tei tei-pb" id="page140">[pg 140]</span><a name="Pg140" id="Pg140" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The right of citizens of the United States to vote shall +not be denied or abridged by the United States or by any +State on account of race, color, or previous condition of servitude.</span></span>”</span><a id="noteref_79" name="noteref_79" href="#note_79"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">79</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You remember the Emancipation Proclamation by President +Lincoln which struck the chains from the limbs of men +and women and children who had been slaves for generations. +They were human beings, though of the colored race. +They were lifted from the position of slavery to the dignity +of citizenship, and clothed with power to help in the government +of their country by being given the privilege of going +to the ballot box to vote. To establish this right and protect +this privilege for all time, this amendment to the Constitution +was adopted by the people of the United States. It +was a bold thing to do, to clothe a subject race which had +little opportunity for education with the rights of citizenship. +No nation in the world ever before attempted such +a wonderful and radical experiment; but the people of +America, having real confidence in human beings, regardless +of color, race, or creed, assumed the responsibility of +admitting the former slaves as part of the power of government +in this country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course you realize that the value of a citizen to his +country, when it comes to voting and making laws, depends +upon his knowledge of public affairs, and his confidence in +his government; and therefore education is absolutely necessary +to real service to one's country. That is one of the big +objects of education—to qualify persons for full citizenship.<a id="noteref_80" name="noteref_80" href="#note_80"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">80</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Too many of us consider the right to vote simply as a privilege +to help some neighbor to be elected to some public +office. This view is all wrong. Our country is first, and we +never should help a neighbor to be elected to an office +unless that neighbor can help to make this a better government.<a id="noteref_81" name="noteref_81" href="#note_81"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">81</span></span></a> +</p> + +<span class="tei tei-pb" id="page141">[pg 141]</span><a name="Pg141" id="Pg141" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When we elect any one, we are selecting a servant to represent +us, to act for us. Therefore great care should be exercised +in selection. We must inquire not only whether the +person is good and virtuous, but also whether the person is +useful, and has right ideas about public service.<a id="noteref_82" name="noteref_82" href="#note_82"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">82</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If congressmen, judges, legislators, mayors, or other public +servants are not honestly or truly representing the people, +if they are not carrying out the will of the people in their +official actions, this simply proves that the people have not +selected the right kind of men to represent them. There +are honest men; there are men who are tried and loyal and +patriotic. They are our neighbors. We have the choice of +selecting them if we want to. <em class="tei tei-emph"><span style="font-style: italic">The truth is</span></em> that nearly all +public officers are honest and patriotic. The truth is that +as a rule they try to do what the people want. But <em class="tei tei-emph"><span style="font-style: italic">the truth +is</span></em> that the majority of the American people take so little +interest in public affairs that they make no effort to have +their servants in public life know what they do want. People +are ready to criticise if a mistake is made, but they will do +little to help avoid mistakes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I'll tell you what I would like to see. I'd like to see this +assembly room in this school filled one night each week with +children and men and women, with parents and teachers. It +would be a real community meeting to talk over community, +State, and National matters. I would like to see such a meeting +in every school in this city, in this State, and in the +Nation. I wish someone would start a movement to have +the movies closed one evening each week, so that the people +might have at least one night to give some little consideration +to the serious problems of life. <span class="tei tei-q">“Eternal vigilance is the +price of liberty.”</span> Vigilance means watchfulness, care, and +thought. Every man, woman, and child in America should +watch and pray that our liberties so dearly bought with the +life blood of heroes should not be taken away. +</p> + +<span class="tei tei-pb" id="page143">[pg 143]</span><a name="Pg143" id="Pg143" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Show how the United States gave citizens of the different States +equal rights. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Who can vote in the United States? Who are citizens of the +United States? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Is the power to vote simply a privilege? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Why is it that our representatives sometimes do not truly represent +us? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. How can we interest people in voting? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Show how it is important that people should have equal rights in +the various States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Give some illustrations of the variations from State to State of +certain local laws, such as automobile laws, etc. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. If the law of New York limits the speed of an automobile to 25 +miles per hour and the law of Massachusetts limits the speed to +20 miles per hour, can a citizen of New York travelling in Massachusetts +legally operate his car at 25 miles per hour? Under like +circumstances can a citizen of Massachusetts while in New York +operate his car at 25 miles per hour? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Show in detail the dangers of not voting. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. How may a person obtain citizenship? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. What has education to do with citizenship or voting? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. Should you vote for a neighbor simply out of friendship? What +should be taken into consideration? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. Discuss Roosevelt's definition of a good citizen given in Note 5. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I. Outline a proper program for a community meeting. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +J. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Privileges of the Citizen</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Danger of Not Voting</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Ballot—An Obligation Not a Privilege</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How to Become a Naturalized Citizen</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Voting and other Duties of Citizenship</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page144">[pg 144]</span><a name="Pg144" id="Pg144" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc41" id="toc41"></a> +<a name="pdf42" id="pdf42"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XIX. Writ Of Habeas Corpus</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Privilege Of The Writ Of Habeas Corpus Not To +Be Suspended Except In War</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Here is something in our Constitution which I suppose you +have read, but which you probably do not understand. That +is, you probably do not understand its real value, not to somebody +else, but to yourselves, because all of these provisions of +the Constitution are for each one of us. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We may go along through life, never being placed in a +position where we will have to call upon the Constitution to +defend us. Most of our people are peaceful and just, and +it isn't often that the rights of innocent persons are attacked +or invaded. It isn't often that an innocent man is arrested +for a crime, and yet such a thing may occur any day to any +one of us. You may rest assured that such things do not +occur as often as they would if the Constitution did not stand +as a barrier to protect innocent persons. These great constitutional +guaranties are not only valuable when we want +to assert our rights, but they are valuable as a restraint upon +wrongdoers.<a id="noteref_83" name="noteref_83" href="#note_83"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">83</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now here is this provision: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The Privilege of the Writ of Habeas Corpus shall not be +suspended, unless when in Cases of Rebellion or Invasion the +public Safety may require it.</span></span>”</span><a id="noteref_84" name="noteref_84" href="#note_84"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">84</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What is a <span class="tei tei-q">“writ of habeas corpus”</span>? <span class="tei tei-q">“Habeas Corpus”</span> is a +Latin phrase, which in English means <span class="tei tei-q">“you may have the +body”</span>. A writ of habeas corpus is a writ directed to the person +detaining another, or holding him in prison, commanding +him to produce the prisoner at a certain time and place +before a court or judge, so that the right of imprisonment or +<span class="tei tei-pb" id="page145">[pg 145]</span><a name="Pg145" id="Pg145" class="tei tei-anchor"></a> +restraint may be inquired into. It is an ancient writ, recognized +as far back in English jurisprudence as 1679. It was +used against the king in the reign of Henry VII, and on +through the later years. It was recognized from time to time, +sometimes entirely denied, and again given force. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But as applied to you and to me, what does it signify? +Suppose on your way home this evening, some person should +seize you and force you to go to jail, and lock you up. No +charge is made against you. You are innocent of any offense. +You sit there in the cell wondering what it all means. You +cannot even communicate with your parents or friends. The +jail is built of stone, the iron bars are strong, and you are +helpless. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Well, in the olden days, many a man and woman had +such experiences, and many a man and many a woman lay +in jail for long periods without any charge, or any trial, +deprived of liberty, utterly powerless. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now as I said, suppose you were in jail to-night—not even +permitted to communicate with a friend or with a lawyer, +and your father found out where you were. He could not +go and break down the prison walls. He could not even talk +to you; but if he were familiar with the Constitution of the +United States and of his State—because there is a like provision +in the Constitutions of all States—if your father understood +his constitutional rights, he would at once apply to +some court or judge for a writ of habeas corpus. It would be +a simple matter. He would set out in writing the facts, +simply the story that you were seized and were imprisoned +wrongfully, and he would ask that a writ of habeas corpus +issue, and this request, no court or judge can deny. He +would promptly issue the writ, which would be in writing +directed to the person keeping you in jail, or the keeper of +the jail, or some one who was aiding in keeping you in jail, +and this writ would command such person to have you +<span class="tei tei-pb" id="page146">[pg 146]</span><a name="Pg146" id="Pg146" class="tei tei-anchor"></a> +brought before the court at once, <span class="tei tei-q">“commanding him to +produce the body of the prisoner at a certain time and place”</span>. +You would be brought there, and the person having you in +jail would have to show cause for such conduct. Unless legal +cause were shown, the judge would promptly discharge you, +and the person who had committed the wrong against you +would probably receive proper punishment, after a trial, for +his wrongful act. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now there were long periods of time in England when +the right to a writ of habeas corpus was suspended, during +which time a person wrongfully in prison had no relief and +no remedy, when helpless men and women starved and died. +So when the Constitution was adopted, the people of America +were careful to see that the following guaranty was written +therein: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The Privilege of the Writ of Habeas Corpus shall not be +suspended</span></span>”</span>.<a id="noteref_85" name="noteref_85" href="#note_85"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">85</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Under our Constitution this may be done only <span class="tei tei-q">“in case of +rebellion or invasion”</span> when <span class="tei tei-q">“public safety may require it”</span>. +For instance, in the World War, which you all remember, +some dangerous person, some traitor, might have been arrested +by the military authorities and detained in custody, +and he could not be discharged upon a writ of habeas corpus, +because a state of war existed, and public safety required that +he be held. Of course in times of war persons engaged in +the military service are not entitled to a trial in a civil court +for their offense. They are tried for military offenses by +court martial. That is a military court, where the judges +are military officers, ordered by their superiors to sit and +hear the evidence. There is not much formality. In +grave offenses prompt action is necessary. Spies are caught, +the courts organized, the evidence taken, a finding of guilty +made, and the party shot, all perhaps within twenty-four +hours. These are the necessary awful consequences of war. +<span class="tei tei-pb" id="page147">[pg 147]</span><a name="Pg147" id="Pg147" class="tei tei-anchor"></a> +But can't you see now what a sense of security this little +provision of our Constitution ought to bring to each one +of us? We always know that in case of our wrongful arrest, +a writ of habeas corpus will bring us before some court +where we may have prompt inquiry into the reasons for +invading our right to liberty, and prompt order for discharge +if the arrest is not justified. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This writ issues not only in behalf of persons confined +in jails and prisons, but also in every case where one is +held by force against his will by another person, because +this is a free country, and no man, whether a private citizen +or public officer, has any power to restrain another against +his will, unless such restraint is under legal proceedings +with all the safeguards of the Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I remember a case when unfortunately a father and +mother were separated and divorced. Their little boy was +left with his mother. The judge decided that the father +was a bad man and that he was not worthy to have charge +of his son. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A few months later that father went to the house where +the mother and boy lived, watched behind the hedge until +the little boy was at play in the yard, when he seized him, +jumped in an automobile which was waiting for him in the +woods, and drove away at great speed. He took the boy to +a boarding school in a neighboring State, telling the principal +of the school that he wanted the boy safely kept until +he should return from Europe. After many days the +sheriff with the aid of detectives found where the boy was. +The mother came to the school. Of course she was filled +with joy when she saw her son. She thought that she could +take him away with her at once, but the principal would not +consent. He said that he had no knowledge of whether or +not she was the boy's mother; that she had no right to take +him away; and that his duty was to return the boy to +<span class="tei tei-pb" id="page148">[pg 148]</span><a name="Pg148" id="Pg148" class="tei tei-anchor"></a> +the man who had left him in the school. The appeal of +the mother and the tears of the boy were in vain. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +At last she had to leave the boy. She at once consulted +a lawyer. He prepared a written application asking that a +writ of habeas corpus be issued, commanding the principal +of the school to bring the boy before the judge, that the +judge might hear the evidence, and make an order releasing +the boy from the school and placing him in the charge of +his mother. The writ was issued by the judge. An officer +went to the school, read the writ to the principal, who +promptly brought the boy to the court room. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There the judge heard the story of the mother and the +simple tale of the little boy, he examined certified copies of +the order of the court awarding the custody of the boy to +his mother, which the sheriff had procured, and then he +very promptly ordered the principal of the school to give the +boy to his mother. The principal was of course glad to do so, +when he found that the father had done wrong. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is only one of hundreds of cases where the writ of +habeas corpus releases someone from wrongful confinement. +Such wrongful confinement may be in a school or in a home +or in a jail or in a dungeon or in a dark cellar. No matter +where, the writ of habeas corpus does not stop at locked +doors or barred windows or stone walls. An officer with such +a writ can break and enter if necessary. No obstacle can be +allowed wrongfully to deprive an American citizen of his +liberty. +</p> + +<span class="tei tei-pb" id="page149">[pg 149]</span><a name="Pg149" id="Pg149" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. What is a writ of habeas corpus? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What does <span class="tei tei-q">“habeas corpus”</span> mean? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. When was it recognized in England? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. When may it be suspended in America? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Just what does it mean to the average citizen? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Can you think of a time when it might be valuable to you? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. What is martial law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Just when is a writ of habeas corpus likely to prove valuable? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Why is it called <span class="tei tei-q">“the most famous writ of the law”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Show how it affects the poor man. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Show how it makes for democracy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Abuses Found Before the Writ of Habeas Corpus Was Recognized +</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +Cases Where It was Used Locally +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The Experience of the Arrest of an Innocent Man Who Was +Unable to Furnish Bail +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +A Court Martial +</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page150">[pg 150]</span><a name="Pg150" id="Pg150" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc43" id="toc43"></a> +<a name="pdf44" id="pdf44"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XX. Other Prohibited Laws</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">No Bill Of Attainder Or Ex Post Facto Law May Be +Passed By Congress</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This morning I have something else for you which you +probably do not understand, something that you can hardly +imagine would interest you personally; but as I have often +repeated, always bear in mind that every single clause of +the Constitution is made for each and every one of us, no +matter what position we may have in life. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The framers of the Constitution said: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No Bill of Attainder or ex post facto Law shall be +passed.</span></span>”</span><a id="noteref_86" name="noteref_86" href="#note_86"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">86</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What does <span class="tei tei-q">“attainder”</span> mean? It means the extinction of +civil rights and capacities and powers, which under the law +in the olden times took place whenever a person was convicted +of treason, or of a crime for which the death sentence +was imposed. It means that all the estate of the convicted person, +all his land, money, or other property, was forfeited to +the government; so that upon his death nothing passed by inheritance +to his heirs. As it was expressed, his blood was +<span class="tei tei-q">“corrupted”</span>. He could not sue in a court of justice. He +was helpless to defend any right of himself or his family. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By <span class="tei tei-q">“bills of attainder”</span>, which were legislative acts imposing +that penalty on the accused without giving him any +hearing in a court, many persons were deprived of their +rights and their possessions in the centuries which have gone +by, in order that such rights and such possessions might go to +some favorite of the government. Of course no one would +have much sympathy for a person who might be actually +guilty of treason, or guilty of a great crime which involved +a death penalty; but in the olden days innocent men were +<span class="tei tei-pb" id="page151">[pg 151]</span><a name="Pg151" id="Pg151" class="tei tei-anchor"></a> +often charged with treason and punished. Conspiracies were +formed to get rid of certain individuals who might be an +obstacle to the achievement of base ambitions. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The abuses arising out of the imposition of attainder became +so grave that in the time of Queen Victoria a statute +was passed in England abolishing the extreme penalties +which followed it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In some of the colonies in this country, before the Constitution +was adopted, acts of attainder were passed and +enforced; but when the Constitution was finally adopted, bills +of attainder were forever barred. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Don't you see the spirit of charity which is manifest in +this, just as in the entire Constitution, charity even for +wrongdoers, charity for the weaknesses of men? Wrongdoers +of course must be punished, yet the Constitution wipes +out harsh and brutal methods which were common in +the days before America came into being. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No <span class="tei tei-q">“ex post facto law”</span> shall be passed. <em class="tei tei-emph"><span style="font-style: italic">What does that +mean?</span></em><a id="noteref_87" name="noteref_87" href="#note_87"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">87</span></span></a> If a person does an act, +which at the time of the +doing of the act is not a criminal offense, the Congress of +the United States, with all its power, cannot make that act, +innocent when done, a crime. Yet this used to be done in +the old days. You can imagine how in those days a brutal +government being desirous of getting rid of some objectionable +person, but desiring to have its acts appear legal, might +find that he had done some act which was not punishable +under the law; but through a corrupt legislative body, it +might so legislate as to make the act a criminal offense, and +thus have the person tried and convicted. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A person might commit an offense for which there was +a moderate punishment; and the legislature might, after +the commission of the crime, but before he was tried, increase +the penalty. For instance, if there were a penalty +of two years imprisonment for stealing a horse, and some +<span class="tei tei-pb" id="page152">[pg 152]</span><a name="Pg152" id="Pg152" class="tei tei-anchor"></a> +neighbor was guilty of stealing a horse, thus leaving himself, +when convicted, subject to two years imprisonment, all +the powers of the United States government, all the powers +of Congress, all the wonderful power of the people of the +country could not change the penalty, could not, for instance, +amend the law so as to provide a five year penalty +instead of two, so as to affect this neighbor who had stolen +the horse before this time. He could, if convicted, be sentenced +to two years, but no more. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You may think that those who adopted the Constitution +must have been suspicious of Congress, or the people in +thus carefully preventing wrongs against individuals accused +of a crime—yes, individuals who had actually committed +a crime; but you can readily understand why they +were so careful. The conduct of the governments of the +world had been such before that day that suspicion was justified. +The Constitution was made for the individual—for +men, women, and children—to guard their rights against the +abuse of power; and in fact most of the wrongs of the world +have had their origin in the abuse of power. The Constitution +guards the humblest person against abuse of the power +granted to the government, as well as against the wrongs of +our neighbors. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The people in this country have great power—absolute +power. This power may be expressed in laws enacted by Congress +or by the legislatures of the States, except in those +things which the people themselves in the Constitution of +the United States, and in the Constitutions of the different +States, have placed beyond even their own power. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course these provisions of the Constitution, as all provisions +of the Constitution, may be changed by the people, +but not by a mere majority of the people. These constitutional +provisions relate to sacred rights, and they may not +be changed except upon mature deliberation, and by a vote +<span class="tei tei-pb" id="page153">[pg 153]</span><a name="Pg153" id="Pg153" class="tei tei-anchor"></a> +which represents the sentiment of at least a majority of the +people of three-fourths of the States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So I hope you can realize that when the framers of the +Constitution prohibited bills of attainder, and prohibited the +enactment of the ex post facto laws, they were doing something +for the people of this country. They had the rights of +the people in mind—the rights of the humble and perhaps +unknown, as well as the rights of those in high places. I +do not expect you to study the details of these provisions of +the Constitution relating to bills of attainder and ex post +facto laws. You will probably never have to enforce these +rights which are given to you under the Constitution. I +hope you will not; but the important thing which I always +want you to bear in mind is, that these guaranties of the Constitution +are in existence and that they confer upon you +certain powers which may be asserted to protect your liberty +if occasion should ever arise. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am sure you realize that at the beginning of the life +of the American Nation, extreme care was exercised by those +who framed the Constitution, to guard the people at every +point against injustice and wrong, whether exercised by private +individuals or by public officials. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Understanding these things—feeling these things, will +give you a new sense of power, of pride, and of duty, as citizens +of this great Nation. +</p> + +<span class="tei tei-pb" id="page154">[pg 154]</span><a name="Pg154" id="Pg154" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. What does attainder mean? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What was the effect of a bill of attainder on the family of a man +who was convicted? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Why does the abolition of attainder show the charity of the founders +of the Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. What is an ex post facto law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. How would this kind of a law be unjust? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. How could a strong, powerful, and dishonest man work injustice +by means of such a law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Show how attainder worked in England in the early days. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. What were the abuses found under such a law? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Show how its abolition made for democracy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Show how the abolition of ex post facto laws made for democracy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Injustice of Attainder</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Injustice of an Ex Post Facto Law</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page155">[pg 155]</span><a name="Pg155" id="Pg155" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc45" id="toc45"></a> +<a name="pdf46" id="pdf46"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXI. Titles, Gifts, Treason</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Prohibition Of Titles And Foreign Gifts—Treason, +Its Trial And Punishment</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +America is a democracy. It was the plan from the beginning +that it always should be a democracy. The human +race had suffered much from royalty, from kings and emperors, +and queens and princes. Human nature is weak. +We are all more or less attracted by people with titles. Story +books which we read in childhood exalt the <span class="tei tei-q">“lords”</span> and +<span class="tei tei-q">“ladies”</span> and <span class="tei tei-q">“princes”</span>, and I regret to say that the history +of lords and ladies and princes does not always justify +the pictures which our story books would paint for us. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The men who framed the Constitution had just finished a +life and death struggle with royalty—a struggle between the +people and a king, and the people had won. They were determined +that the blighting influence of royal power should +never again find a place on American soil. Therefore they +put into the Constitution: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No Title of Nobility shall be granted by the United States: +And no Person holding any Office of Profit or Trust under +them, shall, without the Consent of the Congress, accept of +any present, Emolument, Office, or Title, of any kind whatever, +from any King, Prince, or foreign State.</span></span>”</span><a id="noteref_88" name="noteref_88" href="#note_88"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">88</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Never before in the history of the world was such a bold +thing done. These words reflect the spirit of the Revolution. +They mark the turning point in the history of human +governments. They proclaim the final establishment of +the government by the people—the first real government by +the people that the world ever knew. +</p> + +<span class="tei tei-pb" id="page156">[pg 156]</span><a name="Pg156" id="Pg156" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I wonder if those who criticise the government of America +who complain that in this country the people have no chance, +ever read these glowing words of our Constitution. It isn't +so much the words, but the spirit in which they were made +a part of our Constitution, the spirit in which the young +Nation proclaimed to the world eternal separation from +kingly power. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I find all through the Constitution an expression of grim +determination to fortify the Nation against any influence +which would weaken the supreme power of the people, which +would in any way interfere with the plan to make this a +government by the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In many provisions of our Constitution we find expressions +which show how humane America is. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">We hate treason.</span></em> In fact there is no crime so dark, so +awful, as treason. But in the history of the world, treason +has meant many things, and unfortunately treason has +been made not only the instrument of those who sought the +destruction of the governments, but it has sometimes been +made the instrument of tyrants in suppressing the rights, +and in crushing the hopes of the people. It all depends on +what is meant by treason. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the olden days we find men charged with treason when +the offense was in fact very slight—perhaps a just resistance +to the king, perhaps merely an assertion of natural human +right against the king. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The government of the United States being intended to +protect the liberties of the people, the Constitution put a +bar against prosecution for treason, except where the accused +was actually an enemy of his country, endeavoring to +aid in the destruction of his country. We are here told what +treason is: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Treason against the United States, shall consist only in +</span><span class="tei tei-pb" id="page157">[pg 157]</span><a name="Pg157" id="Pg157" class="tei tei-anchor"></a><span style="font-style: italic"> +levying War against them, or in adhering to their Enemies, +giving them Aid and Comfort. No person shall be convicted +of Treason unless on the Testimony of two Witnesses to the +same overt Act, or on Confession in open Court.</span></span></span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The Congress shall have power to declare the Punishment +of Treason, but no Attainder of Treason shall work Corruption +of Blood, or Forfeiture except during the Life of the +Person Attainted</span></span>.”</span><a id="noteref_89" name="noteref_89" href="#note_89"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">89</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We see all through the Constitution a splendid spirit of +justice, and a spirit of charity, even toward the guilty. By +this article of the Constitution, not only is treason defined, +but any conviction of a person for treason must be upon the +testimony of at least two witnesses to the same act, or upon +a confession in open court. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The innocent must not be punished; and the guilty, when +convicted, shall alone bear the punishment. Treason being +such a grave offense, Congress may, if it so desires, provide +very severe penalties, but it cannot attaint the blood, so that +the children or the grandchildren of the guilty person shall +suffer as in the olden days; nor shall the right of forfeiture of +property obtain, except during the life of the person guilty +of treason. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No one objects to any penalty, however severe, where treason +is proved, but it is contrary to the spirit of America to +brand the innocent descendants of one who is guilty of a +crime. Of course the children of the guilty will always bear +a certain degree of reproach from their fellowmen, but it is +not fair that they should be visited with penalties for an +offense which they themselves never committed. It is the +spirit of America that each person shall enjoy any position +in life which he may win by merit and honest endeavor, and +no obstacle should be placed in his way by the wrong of an +unfortunate ancestor. +</p> + +<span class="tei tei-pb" id="page158">[pg 158]</span><a name="Pg158" id="Pg158" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. America is a democracy. Why does this mean so much? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What does that phrase bring to mind? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Why did we abolish all titles of nobility? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. What is treason? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Why is it limited so carefully? +</p> + +<span class="tei tei-pb" id="page159">[pg 159]</span><a name="Pg159" id="Pg159" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What was the real purpose of abolishing all titles of nobility? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Why did the founders of the Constitution refuse to permit our representatives +to accept gifts from abroad? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What acts are treason to-day? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Show how these provisions make for democracy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">An Illustration of an Act of Treason During the World War</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How A Person May Obtain a Responsible Position in Life</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Laws Which Retard Advancement in Life</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page160">[pg 160]</span><a name="Pg160" id="Pg160" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc47" id="toc47"></a> +<a name="pdf48" id="pdf48"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXII. Jury, Except In Impeachment</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">Criminal Trials, Except Impeachment, To Be By Jury—Equal +Rights—No Religious Test For Office</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There are still three articles of the Constitution containing +personal guaranties but the substance of these articles has +been considered in connection with other articles already discussed. +They are the following: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The trial of all Crimes, except in Cases of Impeachment, +shall be by Jury, and such Trial shall be held in the State +where the said crimes shall have been committed; but when +not committed within any State, the Trial shall be at such +Place or Places as the Congress may by Law have directed.</span></span>”</span><a id="noteref_90" name="noteref_90" href="#note_90"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">90</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The Citizens of each State shall be entitled to all Privileges +and Immunities of Citizens in the several States.</span></span>”</span><a id="noteref_91" name="noteref_91" href="#note_91"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">91</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">No religious Test shall ever be required as a Qualification +to any Office or public Trust under the United States.</span></span>”</span><a id="noteref_92" name="noteref_92" href="#note_92"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">92</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Here again we see emphasized the right of trial by jury. +I want you to give some thought to this particular right, +because it applies not only to cases where persons are accused +of a crime, but also to nearly all cases involving property +rights. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The ordinary lawsuit, where one person is suing another +to recover money, property, or damages, is triable by a jury. +You understand of course the purpose of a trial. As already +explained the main thing in every trial is to determine the +truth as to the points in dispute, and the truth in such cases +under our Constitution is determined, not by judges, but by +jurors, men from the ordinary walks of life, your neighbors, +men accustomed to dealing with ordinary human affairs. +This right is important in aiding a person to have the truth +<span class="tei tei-pb" id="page161">[pg 161]</span><a name="Pg161" id="Pg161" class="tei tei-anchor"></a> +properly established; but it is especially important, as I have +heretofore explained, because it emphasizes the fact that this +is a government by the people, and that in grave emergencies +when life, liberty, or property, is in danger, the representatives +of the common people, selected from the ranks of +the common people, shall be the judges. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of course I have fully explained to you, and I do not +wish to have any confusion upon that point, that the judges +themselves are also representatives of the people, because +they are elected by the people, or appointed by those agents +of the people who are elected by the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have intentionally repeated, sometimes over and over, +rules and reasons, because we must have them in our minds +so that they will never be forgotten. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now as above explained, the citizens of each State are +guaranteed the right to go to another State, and exercise in +that other State the same rights as the citizens of that State. +This is in the spirit of America which gives us all equal +opportunity. A citizen of Massachusetts going to the State +of Minnesota has the same rights in Minnesota as the citizens +of Minnesota have. Minnesota could not discriminate +against him because he was a citizen of another State. Of +course he could not exercise rights which the citizens of +Minnesota were not entitled to, but all rights of the citizens +of Minnesota are guaranteed to him while he is in that State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now as to the provision which forever bars any religious +test as the qualification for any office or place of public trust +under the United States. We have already given serious +consideration to the great fundamental human privilege +which the Constitution guards, the right to worship God according +to the dictates of one's conscience. We have already +found that regardless of church or creed each person stands +before the law equal in our country. The older you grow, +the more fully you realize what religion means to a great +<span class="tei tei-pb" id="page162">[pg 162]</span><a name="Pg162" id="Pg162" class="tei tei-anchor"></a> +many people in this world, the more fully you will appreciate +the blessing which came to humanity in these provisions of +the Constitution. There are some of us who do not belong +to any church organization, and yet we are intensely interested, +because there was a time when every person was compelled +by law to belong to a church organization, to the state +church, the state religion. I have already explained that we +find solemn statutes enacted by the British Parliament, as an +illustration, which provided for a death penalty for those +who did not believe in the religion of the state. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +There is no religious test which can be made a qualification +for any office under the United States; nor for any office +for any State in the Union. There should be no individual +discrimination in voting for public officials because of the +religion or church to which a candidate for office may belong. +These are sacred, individual rights. Men must be judged by +their conduct, by their character, by their ability, by their +capacity to serve the people and their country, not by the +religion which one may profess. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We must cultivate the spirit of charity toward our neighbors, +charity which means love, which enables us to maintain +a proper spirit of toleration for those who differ from us in +matters of belief. +</p> + +<span class="tei tei-pb" id="page164">[pg 164]</span><a name="Pg164" id="Pg164" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Does a citizen have the same rights in California that he does in +New York? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why is religious belief never made a qualification for office? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. What is impeachment? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Are judges representatives of the people? Why? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Can the State of Nebraska enact a law imposing a tax upon merchandise +shipped into Nebraska from any other State? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What is impeachment? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Describe the manner of trial before trial by jury. Compare the +justice of the ordeal end wager of battle with the jury system. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Show how these provisions make for democracy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Why is the spirit of charity necessary in a democracy? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Write a paper on the following: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">The Ordeal</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">Wager of Battle</span></p> +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%">How Englishmen Won the Right to Trial by Jury</span></p> +</div> + +</div> + +<span class="tei tei-pb" id="page165">[pg 165]</span><a name="Pg165" id="Pg165" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc49" id="toc49"></a> +<a name="pdf50" id="pdf50"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXIII. Wrongs Under King George</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Story Of The Colonists In The Declaration Of +Independence</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When we first read over the numerous guaranties of the +Constitution protecting the American people in their rights, +we sometimes wonder why certain provisions were inserted in +the Constitution. Being born here in America, never having +been compelled to submit to the abuse of arbitrary power, and +always having lived under the Constitution, and always being +guarded by its provisions against the abuse of power, we +can hardly understand why it was necessary to make so many +provisions against things which we can hardly imagine ever +happened in human government. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Whenever you have a chance, read somethings of the governments +of the world under kings or other absolute rulers. +In fact, we cannot understand the blessings of our government +until we know something of what our ancestors were +compelled to submit to under the governments of the different +countries of the world a few centuries ago. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +While we have in mind the guaranties of our Constitution, +it is well for us to have clearly in mind some of the definite +things which the framers of the Constitution had before +them, some of the wrongs which the human race had endured +at the hands of government which the framers of the +Constitution were determined the people of America would +never have to endure. You can hardly imagine what little regard +or consideration was given to human rights in those old +days now almost forgotten. I am not going to undertake to +discuss the problems of government in different countries +the world.<a id="noteref_93" name="noteref_93" href="#note_93"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">93</span></span></a> +The purpose which I have in mind can be fully +<span class="tei tei-pb" id="page166">[pg 166]</span><a name="Pg166" id="Pg166" class="tei tei-anchor"></a> +served by a consideration of the government in this country +under the king of Great Britain during the years preceding +the Revolutionary War. You understand, of course, that +even at that time a great advance had been made in recognizing +certain rights of the people. In fact, I think it is +generally recognized that England before the American +Revolution had attained nearer to a fairly just government +than any other country in the world up to that time. There +had been many periods during its history when the people +had asserted themselves and had forced the recognition of +certain rights by the government—by the king, and yet it +was still a government by a king. It was a government +under a king to which the colonies owed allegiance. It +was government under a king against which the colonies +finally revolted. It was government under a king which +brought. about the Revolution. It was resistance to government +under a king which inspired the heroes who won the +liberty of the new world. It was the brutality of a government +under a king which inspired the framers of the Constitution +so carefully to guard against the abuses which the +world had known before liberty had been established on +American soil. I will not undertake to recite for you the +things which the people were compelled to endure under +this government of a king. I will let the people of the +colonies tell their story. You remember that in 1776, after +the beginning of the Revolutionary War, the people of the +Colonies adopted the Declaration of Independence which recites +in detail the abuses and wrongs they had endured +under a government by a king. It is one of the most +dramatic recitals in history. Let these colonies tell their +own story. I am not going to read the entire Declaration of +Independence; I am simply going to read the recital therein +of the wrongs which came to the people, the men, women, +and children, the human beings, who up to that time were +<span class="tei tei-pb" id="page167">[pg 167]</span><a name="Pg167" id="Pg167" class="tei tei-anchor"></a> +compelled to live here in America under the government of +a king. +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +The history of the present king of Great Britain is a history of +repeated injuries and usurpations, all having in direct object the +establishment of an absolute tyranny over these states. To prove +this, let facts be submitted to a candid world. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has refused his assent to laws the most wholesome and necessary +for the public good. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has forbidden his governors to pass laws of immediate and pressing +importance, unless suspended in their operation till his assent +should be obtained, and, when so suspended, he has utterly neglected +to attend to them. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has refused to pass other laws for the accommodation of large +districts of people, unless those people would relinquish the right of +representation in the legislature—a right inestimable to them, and +formidable to tyrants only. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has called together legislative bodies at places unusual, uncomfortable, +and distant from the repository of their public records for +the sole purpose of fatiguing them into compliance with his measures. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has dissolved representative houses repeatedly for opposing, +with manly firmness, his invasions on the rights of the people. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has refused, for a long time after such dissolutions, to cause +others to be elected; whereby the legislative powers, incapable of +annihilation, have returned to the people at large for their exercise; +the state remaining, in the mean time, exposed to all dangers of invasion +from without, and convulsions within. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has endeavored to prevent the population of these states; for +that purpose obstructing the laws of naturalization of foreigners; +refusing to pass others to encourage their migration hither and raising +the conditions of new appropriations of lands. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has obstructed the administration of justice by refusing his +assent to laws for establishing judiciary powers. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has made judges dependent on his will alone for the tenure +of their offices and the amount and payment of their salaries. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has erected a multitude of new offices, and sent hither swarms +of officers to harass our people and eat out their substance. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has kept among us, in times of peace, standing armies, without +the consent of our legislatures. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has affected to render the military independent of, and superior +to, the civil power. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has combined with others to subject us to a jurisdiction foreign +to our constitution and unacknowledged by our laws, giving his assent +to their acts of pretended legislation— +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For quartering large bodies of armed troops among us; +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For protecting them, by a mock trial, from punishment for any +murders which they should commit on the inhabitants of these states; +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For cutting off our trade with all parts of the world; +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For imposing taxes upon us without our consent; +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For depriving us, in many cases, of the benefits of trial by jury; +</span></p> + +<span class="tei tei-pb" id="page168">[pg 168]</span><a name="Pg168" id="Pg168" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For transporting us beyond seas, to be tried for pretended offenses; +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For abolishing the free system of English laws in a neighboring +province; establishing therein an arbitrary government, and enlarging +its boundaries, so as to render it at once an example and fit instrument +for introducing the same absolute rule into these colonies; +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For taking away our charters, abolishing our most valuable laws, +and altering fundamentally the forms of our government; +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +For suspending our own legislatures, and declaring themselves invested +with power to legislate for us in all cases whatsoever. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has abdicated government here by declaring us out of his protection +and waging war against us. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has plundered our seas, ravaged our coasts, burnt our towns, +and destroyed the lives of our people. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He is, at this time, transporting large armies of foreign mercenaries +to complete the works of death, desolation and tyranny, already begun, +with circumstances of cruelty and perfidy scarcely paralleled in the +most barbarous ages, and totally unworthy the head of a civilised +nation. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has constrained our fellow-citizens, taken captive on the high +seas, to bear arms against their country, to become the executioners +of their friends and brethren, or to fall themselves by their hands. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +He has excited domestic insurrections amongst us, and has endeavored +to bring on the inhabitants of our frontiers the merciless +Indian savages, whose known rule of warfare is an undistinguished +destruction of all ages, sexes and conditions. +</span></p> + +<p class="tei tei-p" style="margin-bottom: 0.90em"><span style="font-size: 90%"> +In every stage of these oppressions we have petitioned for redress, +in the most bumble terms; our repeated petitions have been answered +only by repeated injury. A prince whose character is thus marked by +every act which may define a tyrant is unfit to be the ruler of a free +people. +</span></p> + +</div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now, if there be those who are not satisfied under the +present government of America, let them reflect. Let them +compare their rights to-day with the rights of the people subjected +to the repeated <span class="tei tei-q">“injuries and usurpations”</span> so eloquently +recited by those who founded this government, who +adopted our Constitution which will forever bar any power +from exercising <span class="tei tei-q">“a design to reduce them (the people) to +absolute despotism”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Read through this catalog of wrongs endured by the +people of the colonies. Then read through the guaranties of +the Constitution. You will find that in large part the guaranties +of the Constitution were inspired by the wrongs recited +by the people when they proclaimed their independence.<a id="noteref_94" name="noteref_94" href="#note_94"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">94</span></span></a> +</p> + +<span class="tei tei-pb" id="page169">[pg 169]</span><a name="Pg169" id="Pg169" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I said that this recital is dramatic. It is also pathetic. +Listen: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">In every stage of these oppressions we have petitioned +for redress in the most humble terms; our repeated +petitions have been answered only by repeated injury.</span></span>”</span> Is it +any wonder that the Constitution of the United States should +provide that <span class="tei tei-q">“Congress shall make no law ... abridging + ... the right ... to petition the Government +for a redress of grievances”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Is it any wonder that we find in the Constitution guaranties +of freedom of worship, freedom of speech and of the +press, the right of the people to bear arms, the right of the +people to be secure in their persons, houses, and papers, the +right to a speedy jury trial when accused of crime, and the +right to a trial in the district where the offense was committed +instead of being sent beyond the seas? When we +read of the wrongs endured by the people under the government +by a king we can readily understand why the people +put into their Constitution a guaranty that a person no matter +how poor shall have an attorney to defend him, shall +have his witnesses brought into court at government expense, +that excessive bail shall not be required, and cruel and unusual +punishments shall not be inflicted, that slavery is forever +abolished on American soil, that the property of every +person, rich or poor is sacred, and that even the government +of the United States cannot take it for public use without +just compensation, that every person shall have equal protection +of the law, and if wrongfully imprisoned he can +secure his release by writ of habeas corpus. You can readily +see that all these guaranties of the Constitution and many +others which we have been studying were intended to give +protection to the people from wrongs which the people had +suffered throughout the world under the different forms +of government existing before America was born. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From the stirring story related by the people in the Declaration +<span class="tei tei-pb" id="page170">[pg 170]</span><a name="Pg170" id="Pg170" class="tei tei-anchor"></a> +of Independence of the injustice which they had to +suffer under a king, you can see how carefully future generations +of people upon American soil were guarded by the +Constitution against the wrongs which our forefathers had +endured. +</p> + +<span class="tei tei-pb" id="page171">[pg 171]</span><a name="Pg171" id="Pg171" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. When was the Declaration of Independence signed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. How long did the colonists of America continue under government +by a king? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. How did it happen to be drawn up? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Compare each sentence of this quotation (pages 167, 168) with the +guaranties that you have discussed in class. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Discuss in detail the reasons for the coming of the American colonists. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Discuss in detail the contrasts noted in Note 2. Review the previous +study with reference to our Declaration of Independence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Write a paper comparing the solution found in the Constitution +with the grievances noted in the Declaration. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Discuss a method by which this might be brought to the attention of +the Socialists, Anarchists, and Bolsheviki who are criticising our +government to-day. +</p> + +</div> + +<span class="tei tei-pb" id="page172">[pg 172]</span><a name="Pg172" id="Pg172" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc51" id="toc51"></a> +<a name="pdf52" id="pdf52"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXIV. Shall Any Part Be Repealed</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">What Provisions Would You Have Taken Out Of The +Constitution</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We have discussed the main personal guaranties of the +Constitution. There is a large part of the Constitution which +we have not yet considered. Not because I do not regard +it as important—it is all important—but because the personal +guaranties are of the highest importance. They constitute a +Bill of Rights, a bill of individual rights, of your rights and +my rights. These rights are clearly defined and carefully +guarded. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I heard a man say the other day that the Constitution +ought to be abolished, that it was an obstacle to human +progress.<a id="noteref_95" name="noteref_95" href="#note_95"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">95</span></span></a> +He did not say why. That is the trouble with +a lot of people in this world; they are ever ready to destroy, +but are never ready to aid in building up. Their purpose +is destruction, not construction. You will hear a great deal +of complaint about the Constitution. I have heard complaint +about the Constitution. This is our Constitution. We +are directly interested in defending it against all attacks +if it is a good thing for us. If it is a bad thing we are all +interested in having it repealed. And of course you now +fully understand that the people have the power to repeal +every line of the Constitution if they want to.<a id="noteref_96" name="noteref_96" href="#note_96"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">96</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So this morning I wish to submit to you a fair question. +<em class="tei tei-emph"><span style="font-style: italic">What is there in the Constitution that you think should be +taken out of the Constitution? What is there that should be +repealed?</span></em> I do not ask you to answer that question now. I +want you to think it over carefully. Go over each and every +word of the Constitution carefully. Talk it over with your +<span class="tei tei-pb" id="page173">[pg 173]</span><a name="Pg173" id="Pg173" class="tei tei-anchor"></a> +father and your mother. Talk it over with your friends, the +boys and girls who are studying this subject with you, and +some day present to your teacher or to me a statement of +the part of the Constitution that you think ought to be repealed. +Of course, to come to a just conclusion on this question +you must not only look at the language of the Constitution +but you must take into consideration the purpose of +each provision of the Constitution. That is why we have +been studying the Constitution in detail. That is why we +have considered in a general way something of the problems +of the human race under the past governments of the world. +It is after all a simple question—what is good for the people, +and what is not good for the people. What is good for <em class="tei tei-emph"><span style="font-style: italic">all</span></em> +the people—not for any special class. The Constitution has +been in existence, most of it, for considerably more than a +hundred years. During that more than one hundred years +what a wonderful development there has been in this country, +development not alone in property and in wealth, because +after all that is not the main thing, but development +in human opportunity! What a wonderful expansion there +has been of human rights! What a splendid example we +have had of the maintenance and protection of human liberty! +What wonderful legislation has been enacted by the +people during those years to make life easier for the average +man!<a id="noteref_97" name="noteref_97" href="#note_97"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">97</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Consider all these things and then say frankly whether +or not any provision of the Constitution should be taken out. +In other words, would the repeal of any single personal guaranty, +which we have been considering in these lessons, help +men, women, and children? Would it make life easier? +Would human liberty be better protected? Would the objects +of government, the right to life, liberty, and the pursuit +of happiness, be more effective? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution is a sacred document, but there is nothing +<span class="tei tei-pb" id="page174">[pg 174]</span><a name="Pg174" id="Pg174" class="tei tei-anchor"></a> +more sacred than the right to life and liberty and happiness. +Therefore do not hesitate to deal fearlessly with the +Constitution, but deal with it reverently. It was intended as +an aid to humanity. If it does not serve that purpose it +should be abolished. If any provision of the Constitution is +not an aid to humanity in America let us repeal that provision. +Be fearless; be also cautious. Be careful in any change +to avoid the ills which we have, that we do not invite other +and more grievous ills that we know not of. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The American people owe to themselves, to their children, +and to their country, the solemn duty to give earnest consideration +to our Constitution. They owe the solemn duty, +if the Constitution is serving a great purpose for the people +of America, to defend it against all those who may attack. +They owe the duty to uphold it and to guard it. It is a +sacred trust and this trust cannot be executed except through +intelligence, earnestness, patriotism, and loyalty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Therefore, if there be defects in the Constitution, pick them +out and let us unite in removing them, because the cause of +humanity is greater than the cause of fidelity to any law or +constitution ever enacted by the people. +</p> + +<span class="tei tei-pb" id="page175">[pg 175]</span><a name="Pg175" id="Pg175" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Why are we interested in the Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why should we defend it from all attacks? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. In what way can we best defend the Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Why should we wish to modify it? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Just how can the Constitution be modified? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. What should be the spirit in which we should enter upon the consideration +of amendments to the Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. Just what should be the argument for any changes? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. Make a list of some of the modifications you think should be made. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +9. Arrange a debate on each one of these. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What is the fallacy of the I. W. W. constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. How would you meet their argument? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. List the standards which should be used to measure the worth of +any suggestion of amendments to the Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Discuss the process by which former amendments have been made. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Write a paper on any amendments which you think should be +adopted to take anything out of the Constitution. +</p> + +</div> + +<span class="tei tei-pb" id="page176">[pg 176]</span><a name="Pg176" id="Pg176" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc53" id="toc53"></a> +<a name="pdf54" id="pdf54"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXV. Amending The Constitution</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Power Of The People—What Provisions Should +Be Added To It</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This morning we are going to apply another test to the +Constitution of the United States. I have already asked you +to analyze and study the Constitution carefully, each provision +of the Constitution, to see if there be any portion that +should be taken out. This morning I am going to ask you to +study the Constitution with a view of determining what, if +anything, you wish added to the Constitution. Do not assume +that I em imposing a duty which should only be undertaken +by some learned lawyer or statesman. This Constitution +is a Constitution of the whole people and it must be +upheld and defended, not only by lawyers, judges, and public +officials, but by the people in every walk of life, by the +children as well as by fathers and mothers, by the poor as +well as the rich.<a id="noteref_98" name="noteref_98" href="#note_98"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">98</span></span></a> +Therefore I come to you who are children +to-day but who in a few short years will be making the laws +of this country through your votes at the ballot box. I ask +you to decide not only what, if anything, should be taken +out of the Constitution, but I ask what, if anything, should +be added to the Constitution; and again I want you to form +your own opinions about this after a careful study, after conference +with your parents and with your friends. It is a +strange thing that we seldom hear any one talking to his +neighbor about the Constitution. People when they get together +talk about all sorts of things, serious and frivolous, +but you seldom hear them discussing the gravest problem in +human life, which is human government. Do not be afraid +to take up the subject with your friends. Do not be afraid +<span class="tei tei-pb" id="page177">[pg 177]</span><a name="Pg177" id="Pg177" class="tei tei-anchor"></a> +to discuss with your friends some provision of the Constitution. +You are having a special advantage in being able to +study the Constitution while many of your neighbors never +had such an opportunity.<a id="noteref_99" name="noteref_99" href="#note_99"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">99</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What can we add to the Constitution which will make it +more effective as an instrument in the protection of life, liberty, +and property for us here in America? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Remember, we the American people can add anything to +the Constitution that we wish. Nineteen amendments to the +Constitution have already been adopted by the people. Do not +feel discouraged because it takes a little time to secure the +adoption of an amendment. The Constitution should not be +amended hastily, but only after grave thought and earnest +consideration. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If we can only think of something to add to the Constitution +which would be a good thing for the whole people of +America, I will guarantee that we will have no difficulty in +having it added to the Constitution. Of course it will take +earnest effort, but shaping the destiny of more than 105,000,000 +people is a grave matter. The Constitution is the +protection of the rights of each individual and therefore any +change in the Constitution merits most earnest consideration +upon the part of each one of us. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Think it over and advise me some day or inform your +teacher of anything that you can think of which, if added to +the Constitution, would improve this Nation as a country in +which the people rule, anything which would make the rule +of the people more complete. That is the big thing after all—the +rule of the people, because when the people can rule +themselves, they ought to get out of life everything which +they are entitled to by their individual merits, ability, and +effort. Always keep in mind that there is no way by which a +government of the people and by the people can equalize opportunity +for those who will not seek the advantages which +<span class="tei tei-pb" id="page178">[pg 178]</span><a name="Pg178" id="Pg178" class="tei tei-anchor"></a> +are open to them. No Constitution and no law can equalize +industry and idleness. No scheme of government can provide +bread for those who will not toil. It is impossible that human +happiness can be guaranteed to those whose lives are spent in +wickedness and wrongdoing. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So, my friends, after due thought and deliberation, prepare +your amendments to the Constitution of your country. Do +not hesitate because you may think that you cannot put them +in proper form. The form is not important; the idea is the +great thing. Perhaps it may be that out of the mind and out +of the heart of some pupil in this school may come some day +a great idea which, incorporated into the Constitution or the +law, may bring added blessings to the American people.<a id="noteref_100" name="noteref_100" href="#note_100"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">100</span></span></a> I +know of no power on earth which can tie the hands of the +American people in any effort toward enlarging the powers of +the people, which will better guard life and liberty. We have +seen how many safeguards were adopted by the framers of the +Constitution to protect each and everyone of us against the +abuse of power by the government maintained by the people. +We have seen how earnestly the framers of the Constitution +guarded each individual against wrongful conduct on the +part of any servant of the people in any official position. +<em class="tei tei-emph"><span style="font-style: italic">Perhaps some one in this class may discover an additional +guaranty which would be helpful. If so, duty demands that +the same shall be made part of the fundamental laws of our +country, the Constitution of the United States.</span></em> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As you read of America, as you think of its Constitution +and laws, don't you feel a sense of power, a sense of pride? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If Mr. Allen who owns the big department store on Main +Street were to come here some morning and make each one +of you a gift of an interest in his store, if he should make you +partners with him in his entire business, you would feel +grateful and proud. What an intense interest you would take +in the store and all the details. You would talk about it at +<span class="tei tei-pb" id="page179">[pg 179]</span><a name="Pg179" id="Pg179" class="tei tei-anchor"></a> +home and to your neighbors and friends. Each of you would +begin to study the business. You would take pleasure in +reading about merchandise, prices, and business methods. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Well, we are all partners in this great Nation. Liberty is +more valuable than merchandise or profits. If someone +stronger than you should undertake to take away your liberty, +you would fight for it and die for it if necessary. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Being partners in America, won't you study America? +Won't you talk about the blessings of America at home and +to your neighbors? Won't you study the problems of America +so that each succeeding year it can pay greater profits in +freedom and justice and righteousness? +</p> + +<span class="tei tei-pb" id="page180">[pg 180]</span><a name="Pg180" id="Pg180" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. What do your parents say about changes in our Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. How would you advise them to act? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Can you tell them how changes in our Constitution can be made? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Why is it necessary that each one of us take a personal interest +in OUR Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. How would you meet the argument of the radical who wants a +revolution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. How would you show others that we have a great partnership in +America? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. What two ways are possible for constitutional amendments? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. List a series of additions that you think should be made to the +Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Write a paper upon some one amendment to our Constitution that +you believe to be worthy of adoption. +</p> + +</div> + +<span class="tei tei-pb" id="page181">[pg 181]</span><a name="Pg181" id="Pg181" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc55" id="toc55"></a> +<a name="pdf56" id="pdf56"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXVI. Machinery Of The Government</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Agencies, Officers, And Methods For Exercising +Powers Of The National Government</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now my friends, we have reached the end of discussion of +the personal guaranties of the Constitution—the American +Bill of Rights. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As I have heretofore stated, this is the real, important part +of the Constitution, because it is in a study of these guaranties +that we fully realize the blessings of our free American +government. Any one who has earnestly considered this +great American Bill of Rights can readily answer the question, +<span class="tei tei-q">“What has America done for me and for my children”</span>? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But I would not have you feel that the other parts of the +Constitution are of small concern. Each provision of this +great charter of human rights is very important, and worthy +of careful study. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Article I of the Constitution provides that all legislative +powers granted <span class="tei tei-q">“shall be vested in a Congress of the United +States, which shall consist of a Senate and House of Representatives”</span>. +Now you will understand of course that up to +the time the Constitution was adopted, the United States had +no power; in fact there was no United States. The colonists +through the Articles of Confederation had attempted to establish +a Nation which was designated <span class="tei tei-q">“The United States of +America”</span>, but the result of their efforts was really a confederation, +and not a real union.<a id="noteref_101" name="noteref_101" href="#note_101"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">101</span></span></a> <em class="tei tei-emph"><span style="font-style: italic">The Nation was formed by +the adoption of the Constitution.</span></em> The Nation formed was +in the nature of a partnership. I suppose you know but little +about partnerships organized by individuals. A partnership +is generally formed by a written agreement signed by the +<span class="tei tei-pb" id="page182">[pg 182]</span><a name="Pg182" id="Pg182" class="tei tei-anchor"></a> +partners. This agreement usually contains provisions as to +the share or interest of each partner, the power of the partners +and of the partnership, and the objects and purposes of +the partnership. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The United States is a partnership between the people and +the Nation. The Constitution is a partnership agreement +binding upon all the parties to the agreement. Before the +adoption of the Constitution the people possessed all the +power of government and governmental action. The people +gave some of their power to the Nation, but only a small part +of the power of the people was given. Always bear in mind +that the United States—the Nation—has no power, and never +had any except what the people granted in the Constitution +and in the amendments thereto. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +You will see in Section 8 of Article I the specific powers +granted to Congress by the people. They include the following: +lay and collect taxes; pay debts; provide for defense and +for the general welfare; borrow money; regulate commerce +among the States and with foreign nations; provide for naturalization +and uniform rules of bankruptcy; coin money, +regulate the value thereof, and fix the standard of weights +and measures; punish counterfeiting; establish post offices +and post roads; protect authors and inventors by copyrights +and patents; establish courts; punish piracies and felonies +on the high seas; declare war, raise, and support armies; provide +and maintain a navy; provide for organizing armies, for +disciplining the militia, and for calling them to serge in certain +emergencies; exercise exclusive power of legislation <span class="tei tei-q">“over +such District (not exceeding ten miles square) as may, by +Cession of particular States, and the acceptance of Congress, +become the Seat of the Government of the United States”</span>; +make all laws necessary and proper for carrying into execution +the foregoing powers <span class="tei tei-q">“and all other Powers vested by this +<span class="tei tei-pb" id="page183">[pg 183]</span><a name="Pg183" id="Pg183" class="tei tei-anchor"></a> +Constitution in the Government of the United States, or in +any Department or Officer thereof.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So you see large powers were granted by the people to the +new Nation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +However, the people were very careful. Nearly every +government in the world, before the organization of the +United States, had at times proven false to the people. Many +governments were false to the people all the time. Indignities +and abuses were often heaped upon helpless men, women, +and children. Governments were more often maintained to +serve royalty or aristocracy than to protect the rights and +liberties of the common people. Therefore when it came to +organizing this new Nation, the people were careful to guard +against the abuses of the past. Thus they not only specified +definitely the powers conferred upon the United States, but +(Sections 9 and 10 of Article I) positively stated certain +things which the United States could not do. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">The people also were suspicious.</span></em> The experience of the +human race with governments justified this suspicion. When +the Constitution was submitted to the people, many protested +that the individual liberties of the people were not sufficiently +guarded; and before the people consented to ratify the Constitution, +it was necessary that they should be given assurance +that upon the ratification of the Constitution, amendments +would be proposed and submitted to the people, expressing +clearly the guaranties given to the people against +improper exercise of power by the National government and +especially protecting the liberty of all the people. These +amendments, which constitute the Great American Bill of +Rights, were proposed by Congress in 1789 and were ratified +by the States in 1791. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now let us get the foregoing brief summary fixed in our +minds. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution is a partnership between the +<span class="tei tei-pb" id="page184">[pg 184]</span><a name="Pg184" id="Pg184" class="tei tei-anchor"></a> +people and the Nation in which the people (1) grant to the +Nation certain specific powers; (2) restrain the Nation from +exercising powers not granted; and (3) in many particulars +direct the manner in which the powers granted shall be exercised. +The Constitution also provides for what may be termed +the <span class="tei tei-q">“machinery of government”</span>. It separates the powers of +government into three divisions: the legislative, the executive, +and the judicial. It then provides for the officers (the agents +or servants of the people), who shall exercise the powers of +each department, and prescribes certain qualifications for +such officers, the methods of their selection, and the terms +of such officers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Article I we find certain qualifications for Senators and +Representatives—the length of their term of service. Senators +are elected for six years, Representatives for two years. +There are also certain provisions as to their election, the organization +of the Senate and House, to some extent the +method of procedure, and direction as to the exercise of certain +powers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Article II of the Constitution fixes certain qualifications +for President of the United States, the executive head of the +Nation; provides the manner of the election of the President +and the Vice President, confers certain powers and duties, +provides that the term of office of President and Vice President +shall be four years, and designates the causes for which +they may be removed by impeachment. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Article III of the Constitution provides for courts and +judges, and fixes their jurisdiction—their power—and gives +direction as to trial and penalty in certain cases. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus we find that the Constitution guarantees a National +government (a republican form of government), confers certain +powers formerly held by the people, provides an executive +to enforce the powers granted, a legislative body to make +laws under which the powers may be exercised, and establishes +<span class="tei tei-pb" id="page185">[pg 185]</span><a name="Pg185" id="Pg185" class="tei tei-anchor"></a> +courts to construe and apply the laws enacted, to the +end that human rights and liberties shall be protected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Let us carry in our minds this picture of the people of the +colonies, who through generations had struggled with royalty +to secure the blessings and liberties for which they had come +to the New World. In the local government of the colonies +much had been done to apply the principles of liberty, but +in their relation to the mother country they had endured +abuses and sufferings, which finally in 1776 found expression +in the Declaration of Independence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In an effort to unite their strength they had formed a federation +of the thirteen States, but their dreams of a free +country were not realized until in the Constitution they had +formed the <span class="tei tei-q">“more perfect Union”</span> which was created to +<span class="tei tei-q">“establish Justice, insure domestic Tranquility, provide for +the common defence, promote the general Welfare, and +secure the Blessings of Liberty to ourselves and our Posterity”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now let us bear in mind that the people reserved much of +their power, which under the plan of government adopted +was to be used in their respective States under Constitutions +and laws expressing the will of the people with relation to +their domestic affairs. At our next meeting, we shall consider +briefly something of the Constitutions of the States, where +they come from, and the wonderful purpose they serve in carrying +out the scheme of the people in actual self government. +</p> + +<span class="tei tei-pb" id="page186">[pg 186]</span><a name="Pg186" id="Pg186" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Why are the individual guaranties of the Constitution so important? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What is meant by legislative power? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. In whom is the legislative power of the United States vested? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. When and how was the Nation formed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. What is a partnership? How is it usually formed? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. From whom did the United States obtain its power? +</p> + +<span class="tei tei-pb" id="page187">[pg 187]</span><a name="Pg187" id="Pg187" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. State the terms of service of: (a) the President, (b) Senators, +(c) Representatives, (d) the Vice President? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Tell some of the powers conferred by the people upon the United +States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Into what departments does the Constitution separate the powers +of government? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. At the time of the adoption of the Constitution, why were the people +suspicious? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. Name some officers now in service of the National government: (a) +in the executive department, (b) in the legislative department, (c) +in the judicial department. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Write a statement of the attitude of the people of the States when +the Constitution was submitted to them for ratification, what was +the subject of public discussion, what parties were formed, and what +was done to secure the consent of the people to ratify the Constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. Write in 100 words or less a summary of what the United States +Constitution is. +</p> + +</div> + +<span class="tei tei-pb" id="page188">[pg 188]</span><a name="Pg188" id="Pg188" class="tei tei-anchor"></a> + + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc57" id="toc57"></a> +<a name="pdf58" id="pdf58"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXVII. State Constitutions</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Grant And Limitations Of Power Expressed By +The People In The Constitutions Of The States</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every human organization had a beginning. This is a +large city in which we now live, but there was a time within +the memory of men still living, when there was nothing here +but an unbroken prairie. A log cabin was the first building +where the city now stands. Then came the cultivated fields. +A flour mill was erected down on the river bank, then a blacksmith +shop, a store, a livery stable, some modest dwellings, +then a school house, and a church. Thus came the little +village which through the years has slowly grown into the +present city. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus came all the cities, and thus came the States. There +was a time not so long ago when there were no white people +within what is now the borders of our State. There was the +<span class="tei tei-q">“first white settler”</span>, the first cultivated patch of ground, the +first log house, the little settlements, the lonely log cabins in +between, and then the State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Thus were the thirteen colonies founded, and thus were +founded the thirty-five States which have been admitted to +the Union since the adoption of the Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every human organization with any degree of permanence +has something in the nature of a constitution. It may be in +writing, it may be oral, or it may rest in a mutual understanding +expressed only by acts and conduct. It may be +manifest from customs which have been observed by all the +members of the group. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The proud boast of America is that it was the first Nation +in the world which adopted a complete written Constitution +<span class="tei tei-pb" id="page189">[pg 189]</span><a name="Pg189" id="Pg189" class="tei tei-anchor"></a> +binding upon the Nation and upon the people, a Constitution +which provides for courts with the power of restraining the +Nation and the individual from acts or conduct which violate +its provisions, designed to guard human rights. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Until the Declaration of Independence in 1776, the colonies +in their joint efforts for liberty and justice, were called +the <span class="tei tei-q">“United Colonies”</span>; but after independence was proclaimed, +this title gave place to that of <span class="tei tei-q">“The United States”</span>. +Thereupon eleven of the thirteen States adopted Constitutions. +In two States—Connecticut and Rhode Island by an +act of the legislature, the existing charters were continued in +force so far as consistent with independence. These Constitutions +all came into being before the adoption of the Constitution +of the United States. Of course they were far from +perfect, and all have been amended from time to time, so that +now the Constitution of each State provides a truly American +system of government.<a id="noteref_102" name="noteref_102" href="#note_102"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">102</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Nothing in the Constitution of the United States requires +that each State shall have a written Constitution, but the +wonderful achievement of the people in creating the Constitution +of the United States has been a guide and inspiration +to the people of the States, and each State has adopted +a written State Constitution, following the method and spirit +of the colonists in the long ago, drafting the Constitution +in a convention of delegates and ratifying it by another +special convention or by the vote of all the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then as each new State was admitted to the Union, a Constitution +was adopted.<a id="noteref_103" name="noteref_103" href="#note_103"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">103</span></span></a> By the Constitution of the United +States, Congress has the power to admit new States, thus by +implication controlling the subject matter of the original +Constitution of each State admitted. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is not my intention to consider in detail the Constitutions +of the various States. This is not essential to the purpose +which I have in talking to you. I am very anxious that +<span class="tei tei-pb" id="page190">[pg 190]</span><a name="Pg190" id="Pg190" class="tei tei-anchor"></a> +you shall realize that each State is a separate sovereignty; that +when the people created the United States, and adopted the +Constitution of the United States, they give to the United +States limited power; that the plan of government contemplated +that each State should have its own Constitution; and +that in each State the people should enact their own laws +governing the conduct of the people in their respective States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An examination of the Constitutions of all the States will +show how carefully the people of each State incorporated in +their State Constitution the great principles of government, +and the guaranties of liberty which were so carefully provided +in the Constitution of the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Different language is used in the different State Constitutions, +but in each it will be found that the government of +the State, as of the United States, is divided into three departments—the +executive, the legislative, and the judicial; +that the executive power in the States is vested in a Governor; +that the legislative power rests in what is usually +termed a <span class="tei tei-q">“General Assembly”</span> consisting of a Senate and a +House of Representatives, modeled after the Congress of the +United States; that the judicial power is to be exercised by +courts—a Supreme Court and other courts designated as District +Courts, Circuit Courts, and many other titles, varying in +different States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Public officers, servants of the people, are provided for, +and usually their selection is by vote of the people at general +elections for which provision is made. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The really important thing in the State Constitutions, as +well as in the Constitution of the United States, is the Bill +of Rights specifically guarding the natural rights and liberties +of the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The guaranties in the State Constitutions are not all uniform, +but as a general thing you will find that each State +has incorporated in its Constitution those sacred guaranties +<span class="tei tei-pb" id="page191">[pg 191]</span><a name="Pg191" id="Pg191" class="tei tei-anchor"></a> +which in the Constitution of the United States form the real +foundation and protection of human liberty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Always bear in mind that the Constitution in each State, +as in the Nation, is an instrument of fundamental law, or +body of laws, which prescribes the form of government, fixes +the different departments of government, provides the +agencies of government, and declares and guarantees the +rights and liberties of the people.<a id="noteref_104" name="noteref_104" href="#note_104"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">104</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution of the United States is the Supreme law +of the land, and the Constitution of each State is the supreme +law of the State. These Constitutions must be respected, and +must be obeyed; and any law enacted by the legislature of a +State or by the Congress of the United States which is contrary +to the provisions of the Constitution is null and void. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +By their Constitution the people of a State proclaim and +establish their power superior to the power of the legislature +of the State or any officer of the State. The power expressed +in the Constitution is the power of the people. They have, +by their solemn document—the Constitution—established +certain rules, regulations, principles, and guaranties, which +cannot be changed by ordinary legislation.<a id="noteref_105" name="noteref_105" href="#note_105"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">105</span></span></a> Of course the +people can change and modify the Constitution of State or +Nation. Every Constitution provides some method of amendment. +Some States provide for a constitutional convention +from time to time, where the people through their representatives +selected for such a purpose assemble to consider the +question of change or modification. In other States the legislature +may propose amendments which must be submitted +to the people for their approval. In all States some procedure +is provided which requires careful deliberation and consideration +by the people before the Constitution is changed.<a id="noteref_106" name="noteref_106" href="#note_106"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">106</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now it is very important that every citizen shall have a +knowledge of the Constitution of his State. It is of the highest +importance that every man, woman, and child shall know +<span class="tei tei-pb" id="page192">[pg 192]</span><a name="Pg192" id="Pg192" class="tei tei-anchor"></a> +and feel the solicitude, the care, which has been exercised in +the framing of the Constitution to guard individual rights. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As I have heretofore explained, the purpose of government +is to guard human rights and human liberty. This is true of +the government of the United States, and it is true of the +government of each State. Always keep in mind that in this +country, what we call <span class="tei tei-q">“the government”</span> is merely an agency +of the people—an expression of the power of the people in a +defined way, agreed upon by them, through which they protect +themselves against wrong by the agencies of government +which they have created, and against wrong by their neighbors. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Inspiring indeed is it to contemplate the spirit in which +the founders of the American Nation and of the States of +America studied the methods by which human rights should +be protected. They were unselfish; they were in the highest +degree inspired by a holy purpose to guard the people of +America against the wrongs, the abuses, the cruelty which +their ancestors in the past had suffered; and to accomplish +their purpose they exercised the greatest care to maintain the +power of government in the people themselves—the power to +make laws and to enforce them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I suppose it may be said that the highest achievement of +the American people in creating a National government and +the governments of the States is expressed in the words of +Lincoln when he proclaimed this to be <span class="tei tei-q">“a government by the +people”</span>. +</p> + +<span class="tei tei-pb" id="page193">[pg 193]</span><a name="Pg193" id="Pg193" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. What is a village? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. What is a State? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. When were the colonies first called States? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. What States adopted Constitutions before the adoption and ratification +of the Constitution of the United States? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Can the people of the State of New York enact a law punishing +a person for coining silver dollars? Why? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +6. Can Congress pass a law Sting the punishment of a person for +stealing a horse in the State of Michigan? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +7. When was the State in which we live admitted to the Union? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +8. Who framed the Constitution of this State? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. What is a constitution? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Explain fully how a Constitution of a State comes into, being. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. Must a constitution be in writing? If not, what may be its form? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. State how the Constitution of the United States may be amended. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. In what way may the Constitution of a State be amended? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +F. Write briefly telling the advantages of a written constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +G. State in writing the power of the courts in exercising their power +and duty of defending the Constitution. Give an illustration. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +H. Write an explanation of the power and influence of the Constitution +of the United States in guiding the people in framing the Constitutions +of their States, and in what things the Constitution of the +States follow the Constitution of the United States. +</p> + +</div> + +<span class="tei tei-pb" id="page194">[pg 194]</span><a name="Pg194" id="Pg194" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc59" id="toc59"></a> +<a name="pdf60" id="pdf60"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">XXVIII. The Suffrage</span></h1> +<h1 class="tei tei-head" style="text-align: center; margin-bottom: 2.88em; margin-top: 2.88em"><span style="font-size: 144%">The Significance Of The Nineteenth Amendment To +The Constitution</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This meeting was at night. Some of the parents who had +attended the talks from time to time had requested that the +last meeting be held at night so that some of the busy fathers +and mothers might come. The assembly room was crowded, +and although extra chairs had been placed in the aisles, there +were a number of people standing. The principal said that +it was the largest crowd that he had ever seen in the room.<a id="noteref_107" name="noteref_107" href="#note_107"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">107</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +First everybody arose and sang <span class="tei tei-q">“The Star Spangled Banner”</span>, +and when the meeting closed, the audience joined in +singing <span class="tei tei-q">“America”</span>.<a id="noteref_108" name="noteref_108" href="#note_108"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">108</span></span></a> +The judge was greeted with loud applause. +He said: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I am happy to-night. This meeting is an inspiration. It +is a real community meeting, a real American meeting. If +meetings like this were held once each week or once every +two weeks in every school building in the United States I +should not fear socialism or bolshevism or anarchy. Such +ideas cannot live in a community where the people really +know each other. There are no class lines here to-night. +You are too close together. I see a banker over there whom +I have known for thirty years. He was brought up in this +city, attended this school, and has spent his whole life here. +His success in life came to him among old friends in the +community where he was born. Near him I see a bricklayer. +I have known him and respected him since boyhood. We +played on the same baseball team when we were both younger +and could run faster than we can now. He went to the +Washington school. The children of these men are in this +<span class="tei tei-pb" id="page195">[pg 195]</span><a name="Pg195" id="Pg195" class="tei tei-anchor"></a> +school now. In a few years they will be grown men and +women doing the work that we shall have to give up soon.<a id="noteref_109" name="noteref_109" href="#note_109"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">109</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So with most of the people in this room to-night. They +were born here, went to school here, and they have worked +here all their lives. Some followed one occupation, some +another. This was a matter of their own choice. Their children +are now growing up, as they once grew up. Soon they +will be selecting their life work. Soon they will be voting +and performing other duties of citizenship. Soon you and I, +fathers and mothers, will pass off the stage of life. Soon we +shall be forgotten by all except the few who compose the +family circle, who love us notwithstanding our faults. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For a few weeks I have been acting as teacher. I have +been trying hard to bring into the minds and hearts of the +pupils in this school something of the sacredness of human +liberty, something of the cost of American liberty, the sacrifices, +the struggles, the bloodshed, the heartaches, and heartbreaks +which finally triumphed when our Constitution was +adopted. I have endeavored to explain that the Constitution +is not a mere skeleton or framework, defining the relation of +the Nation and the States and providing for the election of +officers to carry out the plans of the National government. I +have repeatedly told the great truth that in America there is +more freedom, justice, charity, and kindness than in any +other Nation in the world. I have pointed out that in America +we have in our Constitution written guaranties of life, +liberty, and property rights such as no other Nation in the +history of the world ever had. We have found that this is a +government by the people, that the people rule, that the few +cannot rule unless the many refuse to perform their duties as +citizens of this great republic. Oh! if we can only put in +the hearts of the American people a realization of the <em class="tei tei-emph"><span style="font-style: italic">power</span></em> +and the <em class="tei tei-emph"><span style="font-style: italic">duty</span></em> of the people! +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To-night I wish to present briefly something of the manner +<span class="tei tei-pb" id="page196">[pg 196]</span><a name="Pg196" id="Pg196" class="tei tei-anchor"></a> +in which the people express their power, the method by which +the people disclose their wishes in public affairs. The Star +Baseball Club, the Irving Literary Society, the City Teachers +Association, the Woman's Club, the Charity Guild, these are +all mere organisations of people. <em class="tei tei-emph"><span style="font-style: italic">That is all that America is.</span></em> +These organizations have written constitutions. <em class="tei tei-emph"><span style="font-style: italic">So has America.</span></em> +These organizations must have laws or rules of conduct, +aside from their constitutions. <em class="tei tei-emph"><span style="font-style: italic">So must America.</span></em> These societies +must have a policy and transact business. <em class="tei tei-emph"><span style="font-style: italic">So must +America.</span></em> In adopting laws or rules of conduct these societies +secure an expression of the wishes of their members. These +wishes are generally expressed by their votes, sometimes by +ballot and sometimes orally in a meeting. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +America secures an expression of the wishes of the people +by their votes. The votes of the people either in writing or +printed are cast on election days fixed by laws enacted +through the vote of the people. In no other way can the +wishes of the people be made known. It, is through the +ballot that the people exercise their powers. It is through the +ballot that America is governed.<a id="noteref_110" name="noteref_110" href="#note_110"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">110</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I wonder if the people of America generally realize what +a wonderful thing it is that a government as large as ours +must depend entirely upon the wishes of the people expressed +by their vote on election day. I wonder if they realize that +in this way the people rule. On election day we see something +of the equality of the people. If you go near the +polling place, you will see the president of the bank, perhaps, +or the president of the railroad walking side by side with +the hodcarrier or the brakeman on the train. In the voting +booth each has the same power in helping to shape the destiny +of their country. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In a way this is a new method of government. Only in a +country where there is a government by the people do we +find such a thing as the right of all men regardless of property, +<span class="tei tei-pb" id="page197">[pg 197]</span><a name="Pg197" id="Pg197" class="tei tei-anchor"></a> +race, or creed to exercise the same power in the ballot +box.<a id="noteref_111" name="noteref_111" href="#note_111"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">111</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From the beginning America has led in granting the right +of suffrage, the right to vote. In the early days in some of +the States a man had to own a certain amount of property before +he could vote, but this has not been true for more than +fifty years. <em class="tei tei-emph"><span style="font-style: italic">Now a new day has come.</span></em> After a struggle for +generations, the right to vote has been conferred upon all +female citizens, regardless of property, social position, religion, +or race. It has been a long struggle and now that victory +has been won for equal suffrage, is there anyone who will +still contend that in this country the people do not rule? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Who has conferred this great privilege upon the women of +America? The voters of America decided that every State +should grant this privilege. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The amendment to the Constitution is as follows: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The right of citizens of the United States to vote shall not +be denied or abridged by the United States or by any State on +account of sex.</span></span>”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The people did not vote directly upon this constitutional +amendment, but they voted for the members of the House +and the members of the Senate who voted for the amendment +and they voted for the members of the legislatures of the different +States which ratified the amendment. Thus the responsibility +rests with the people. This is true of course as +to nearly all the laws enacted by State and Nation—the people +do not vote directly upon them, but they select their +agents, who, under the law, are authorized to act for them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Under this amendment we have the written guaranty in +the Constitution that so far as men and women are concerned +they shall have equal rights to vote.<a id="noteref_112" name="noteref_112" href="#note_112"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">112</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Perhaps you were not in favor of woman suffrage. Many +good men and women were opposed to it. Many are still +opposed to it. This is a good illustration of the way we do +<span class="tei tei-pb" id="page198">[pg 198]</span><a name="Pg198" id="Pg198" class="tei tei-anchor"></a> +things in a democracy. We have different temperaments, +different dispositions. We are reared in different surroundings. +We have different interests. We look at life in different +ways. Each of us has a right to his opinion and each of +us has the right to express it by our vote. When we finally +vote, a decision is made. If we belong to the majority, we +find that our wish is carried out. If we are in the minority, +we cheerfully follow what the majority of the people, what +most of the people in America desire. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The thing that I wish to impress to-night is that to vote +on election day is not only a right, it is a duty. Whether we +were for woman suffrage or not it has come. It is settled. It +brings into power twenty-seven million new voters. Each of +these women, whether she desires it or not, must assume this +new share of the responsibilities of government. It is a patriotic +duty. At every election we must cast our votes. Before +every election we must study the issues, the problems to +be met. Unless we do that we are failing in patriotism and +loyalty. Unless we vote we are not good citizens. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now I must close. I hope that the talks I have given in +this school have planted in the hearts of boys and girls, and +possibly in the hearts of grown men and women, something +of the simple truth of American life, something perhaps of +the privileges of American citizenship and something of the +duties that we all owe in return. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +I have promised the principal of this school that next term +I will again appear and present some new topics. I wish to +talk to the boys and girls about authority and obedience, the +source of authority and the duty of obedience. I wish also +to talk about the making of laws, the origin of laws, how +they are put in form and finally enacted by the people. I +wish to talk about our public servants, because one of the important +things for each citizen to know is that from the President +of the United States down to the constable of the humblest +<span class="tei tei-pb" id="page199">[pg 199]</span><a name="Pg199" id="Pg199" class="tei tei-anchor"></a> +village, all officers are mere servants of the people and +that no officer in America is in his official capacity master +of any man, woman, or child. I wish to impress as far as I +am able the great truth expressed by Chief Justice Marshall +when he said long years ago, <span class="tei tei-q">“This is a government of laws +and not of men.”</span> +</p> + +<span class="tei tei-pb" id="page200">[pg 200]</span><a name="Pg200" id="Pg200" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ELEMENTARY QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Show the ways in which the United States is just like a small club? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +2. Why must we always vote? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +3. Why is it right that women should vote? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +4. Show that this is more than a privilege: it is a duty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +5. Imagine some person saying that America is only for the rich. Review +all the work that we have done, and show how it is just as fair +to the poor man as to the rich. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ADVANCED QUESTIONS +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A. Re-read the questions to chapters one and two. Note the difference +in your answers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +B. Map out a program so that you can show to all critics of America the +<span class="tei tei-pb" id="page201">[pg 201]</span><a name="Pg201" id="Pg201" class="tei tei-anchor"></a> +ways in which the Constitution of the United States gives to all +Americans the rights to LIFE, LIBERTY, and the PURSUIT OF +HAPPINESS. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +C. You can now answer fully the question, <span class="tei tei-q">“Why is America the most +free and most just Nation on the globe?”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +D. What did Chief Justice Marshall mean when he said, <span class="tei tei-q">“This is a +government of laws, and not of men.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +E. Prepare in writing a constitution for the <span class="tei tei-q">“Lincoln Debating Club”</span>. +</p> + +</div> + +<span class="tei tei-pb" id="page202">[pg 202]</span><a name="Pg202" id="Pg202" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc61" id="toc61"></a> +<a name="pdf62" id="pdf62"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">A Word To The The Teachers And Others</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The very essence of civil liberty certainly consists in the +right of every individual to claim the protection of the laws +whenever he receives an injury. One of the first duties of +government is to afford that protection. The Government +of the United States has been emphatically termed, a government +of laws, and not of men. It will certainly cease to +deserve this high appellation, if the laws furnish no remedy +for the violation of a vested legal right.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +These words of Chief Justice Marshall in Marbury v. Madison, +1 Cranch, 137, are the most significant and far reaching +in their effect upon human government that were ever +uttered by the lips of man. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A government of laws and not of men.”</span> This expresses +the fundamental difference between the government of this +great American republic and all other systems of government +devised by man before the Constitution of the United +States came into being.<a id="noteref_113" name="noteref_113" href="#note_113"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">113</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Government has been the great problem of the human +race throughout all the ages since mankind first started out +upon the great highway of life. The greatest problem men +have ever been called upon to solve is <span class="tei tei-q">“how they might live +together in communities without cutting each others +throats”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +As we look back at the warring world of yesterday, yea as +we look at the warring world to-day (1920), we are reminded +that the history of the human family tells a long, sad story +of war and bloodshed and death. The path which humanity +has traveled stretches back into the dim distance, a long +<span class="tei tei-pb" id="page203">[pg 203]</span><a name="Pg203" id="Pg203" class="tei tei-anchor"></a> +gleaming line of white human bones. The flowers, the trees, +and the shrubs along the way have been nurtured by the red +blood that flowed from human hearts. All over the world the +battle has waged; away down in Egypt where the Nile scatters +her riches; upon the banks of the Tiber which for centuries +has reflected the majesty of Rome; upon the heights above the +castle crowned Rhine; on the banks of the peaceful Thames; +and upon the prairies that sweep back from the Father of +Waters, men have fought and died. In the field and in the +forest, by the sweet running brook, and upon the burning +sands, in the mountain pass, and in the stony streets of the +populous city, within the chancel rail of holy churches, and +at the dark entrance to the Bastile—in all these places, and in +a thousand more, the hand of the oppressed has been lifted +against the oppressor, the right to be free that God gave to +men has struggled with the power which might has given, +and, alas! so often might has triumphed, and the slave, sick +at heart, has been scourged to his dungeon. On a thousand +hillsides burning fagots have consumed men who dared to +dream of freedom, and in dark and slimy prison cells where +God's sunlight seldom entered, men have rotten with clanking +chains upon their limbs because they dared to ask for +the rights of freemen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the olden days force ruled the world; the king, the +crown, the scepter, were the insignia of power. All about +were the instruments of force, the cannon, the moated castle, +the marching armies of the king. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And so it was until the American Nation was born, a Nation +founded by exiles who were fleeing from oppression, +from unrestrained power, exiles who dreamed of establishing +a Nation, exiles with stout hearts and with strong hands +with which to build it—a Nation where there would be no +master and no slaves, where the citizen would rule and not +the soldier, where the home and the school and not the castle +<span class="tei tei-pb" id="page204">[pg 204]</span><a name="Pg204" id="Pg204" class="tei tei-anchor"></a> +would stand as the citadel of the Nation, where the steel +would at last be molded into plowshares, and not into swords, +where, instead of martial music, the song of the plowboy and +the hum of the spinning wheel would greet the ear, where +lust for power would be dethroned and brute force strangled, +where love would rule and not brutality, where justice and +not vengeance would be the end of judicial investigation, +where the rights of men to live and to enjoy the fruits of +their labor would be recognized. This was the dream of the +fathers of the republic as they laid the foundation in the +long ago. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But this dream never would have been realized had it not +been for the recognition of that great constitutional principle, +announced by Chief Justice Marshall, that in this Nation the +law is supreme; not supreme alone with the citizen, but supreme +with the Nation and the States that compose the Nation; +not supreme with the humble toiler, but supreme with +the richest and the strongest; not supreme in theory, but +supreme in truth and in fact. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This great principle of the supremacy of the law finds its +origin in that immortal document, the Constitution of the +United States.<a id="noteref_114" name="noteref_114" href="#note_114"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">114</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Few there are in these modern days who fully appreciate +the wonderful blessings of a written Constitution which gives +recognition to the fundamental natural rights of man, and +provides guaranties against the invasion of these rights. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Gladstone, the eminent statesman, said: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +It (the American Constitution) is the greatest work ever struck off at +any one time by the mind and purpose of man. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An eminent lawyer has said: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +It has been the priceless adjunct of free government, the mighty +shield of the rights and liberties of the citizen. It has been many times +invoked to save him from illegal punishment, and save his property +from the greed of unscrupulous enemies, and to save his political fights +from the unbridled license of victorious political opponents controlling +</span><span class="tei tei-pb" id="page205">[pg 205]</span><a name="Pg205" id="Pg205" class="tei tei-anchor"></a><span style="font-size: 90%"> +legislative bodies; nor does it sleep, except as a sword dedicated to a +righteous cause sleeps in its scabbard. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Horace Binney says: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +What were the States before the Union? The hope of their enemies, +the fear of their friends, and arrested only by the Constitution from +becoming the shame of the world. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Sir Henry Maine gives the following estimate of the Constitution: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +It isn't at all easy to bring home to the men of the present day, how +low the credit of the Republic had sunk before the establishment of the +United States.... Its success has been so great and striking, +that men have almost forgotten, that if the whole, or the known experiments +of mankind in governments be looked at together, there has been +no form of government so successful as the republican. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Justice Mitchell of Pennsylvania, some twenty odd years +ago said: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +A century and a decade has passed since the Constitution of the United +States was adopted. Dynasties have arisen and fallen, boundaries have +extended and shrunken 'till continents seem almost the playthings of +imagination and war; nationalities have been asserted and subdued; +governments built up only to be overthrown, and the kingdoms of the +earth from the Pillars of Hercules to the Yellow Sea have been shaken +to their foundations. Through all this change and obstruction, the +Republic, shortest lived of all forms of government in the prior history +of the world, surviving the perils of foreign and domestic war, has endured +and flourished. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And yet, it is true, <span class="tei tei-q">“and pity 'tis, 'tis true”</span>, that in these +days there seems to be a great lack of confidence, nay even a +feeling of contempt existing in the minds and hearts of many +men for this great charter of human liberty. Men born to +the blessings of freedom, men who do not stop to think about +the cost of freedom, men who do not realize that this Nation +is not the child of chance, but that it is the outgrowth of +centuries of tears and blood and sacrifice in the cause of +human freedom—these men assume an attitude of criticism, +and would, by destroying the Constitution, fly from the +<span class="tei tei-q">“ills we have”</span> and open their arms to evils <span class="tei tei-q">“we know not of”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And this feeling, this unrest, this spirit of criticism, is not +limited to the ignorant, nor the lowly. Many men and women +of education and culture are prominent in the ranks of those +who raise their voices in reckless condemnation. +</p> + +<span class="tei tei-pb" id="page206">[pg 206]</span><a name="Pg206" id="Pg206" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +What is the source of this widespread feeling? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For several years before the World War, we were passing +through a period of readjustment in the political and social +life of the Nation. Many people felt that privilege was too +strongly entrenched in governmental favor. A noble feeling +of sympathy for the weak and the unfortunate created a demand +for social justice. A great political party was thrown +out of power. Out of all this came appeals for legislation, +most of it inspired by the highest motives, but much of it +impractical and visionary, some of it so framed that in providing +a benefit for a certain class, the rights of some other +class were forgotten. Often it became necessary to recall the +provisions of the Constitution, and some times it was used +as a bar to the enactment of measures which were inspired +only by the loftiest motives. Under such circumstances it is +only natural that those intensely interested, seeing only from +one standpoint, not understanding perhaps the far reaching +effect of their favorite measures, should cry out at the limitations +imposed by the Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then again courts are sometimes compelled, under their +sworn duty to defend the Constitution, to hold that a legislative +enactment is unconstitutional and void, because it violates +some of the principles of that great document, created, +not by courts, not by presidents, but by the people themselves +for their own guidance and protection. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But Chief Justice White gives the strongest reason for this +feeling of contempt for the Constitution. He says: +</p> + +<div class="block tei tei-quote" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%"> +There is great danger, it seems to me, to arise, from the constant +habit which prevails where anything is opposed or objected to, of resorting +without rhyme or reason, to the Constitution as a means of preventing +its accomplishment, thus creating the general impression that +the Constitution is but a barrier to progress, instead of being the broad +highway through which alone true progress, may be enjoyed. +</span></div> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Not only is this true, but unfortunately it is also true that +every base murderer who begins to feel the rope tighten +about his neck can find some lawyer who can devise some alleged +<span class="tei tei-pb" id="page207">[pg 207]</span><a name="Pg207" id="Pg207" class="tei tei-anchor"></a> +constitutional reason why his client should not hang. +The courts are constantly engaged in defending the Constitution +against these base and unworthy attempts to defeat +justice. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then upon every hand are those who hate authority, who +despise law and order, and who denounce the Constitution because +it stands between them and a realization of their greedy, +vicious purposes. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Justice White further says that there is <span class="tei tei-q">“a growing tendency +to suppose that every wrong that exists, despite the +system, and which would be many times worse if the system +did not exist, is attributable to it, and therefore that the +Constitution should be disregarded or over-thrown”</span>. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The foregoing are some, but not all of the causes which +weaken the faith of the people in the Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Now recognizing that there is in this Nation a lack of respect +for the Constitution, and knowing something of the +causes which underlie this feeling, and realizing that the Constitution +is in very truth the fortress and the glory of our +republic, what is our duty? +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The duty of every man, woman, and child in America is +to defend the Constitution with his life, if necessary, against +those who condemn and traduce and seek to destroy. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +But how shall we defend it? Shall we oppose all amendments +of the Constitution? No, by its very terms it is subject +to amendment; but in contemplating its amendment, we +should approach this sacred document in the same reverent +spirit we would have if we were entering upon some holy +shrine. It is the people's Constitution; it is their right to +amend it. Yea, it is their duty to amend it, if upon due deliberation, +the rights of the whole people can be better protected +or enforced. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Complaint is sometimes made because of the delay involved +in its amendment; but the provisions of the Constitution requiring +<span class="tei tei-pb" id="page208">[pg 208]</span><a name="Pg208" id="Pg208" class="tei tei-anchor"></a> +deliberation were wisely inserted. It was intended +that fundamental principles should not be changed under +the inspiration of sudden passion. It contemplated mature +deliberation. The fathers of the Republic were mindful of +the storms which at times in the history of the world had +swept the people to destruction.<a id="noteref_115" name="noteref_115" href="#note_115"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">115</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Shall we rebuke the people who seek reforms? <em class="tei tei-emph"><span style="font-style: italic">Shall we +decry progress or change?</span></em> No, we should be the leaders in +all such reforms. We should aid in guiding public sentiment +along channels safe and sound and constitutional. We +should give recognition to the appeals of those who would +lighten the burdens of our brothers who may be heavy laden. +We should aid in convincing the people that the Constitution +is no restraint upon their aspirations for higher and better +things; that it is in truth the guide and inspiration to +better things. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Shall we condemn those who through lack of knowledge +do not appreciate the great value of the Constitution? No, +we should teach them. We should lead them. We should +inspire them with love and veneration for this great bulwark +of human freedom. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We must in very truth become teachers of all the people. +We must carry to them the light of our knowledge. +We must point +out to them the rocks upon which other republics have been +wrecked.<a id="noteref_116" name="noteref_116" href="#note_116"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">116</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We must teach them that in the Constitution we find an +absolute guaranty of protection for life, for liberty, and for +property rights. That there is no man so lowly, that he cannot +point to the Constitution as his shield from the acts of the +tyrant, that he cannot point to his humble home as his +<span class="tei tei-q">“castle”</span>, and under the sacred guaranties of the Constitution +defy all the unlawful force of the world. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We must teach them that it guarantees the inviolability of +<span class="tei tei-pb" id="page209">[pg 209]</span><a name="Pg209" id="Pg209" class="tei tei-anchor"></a> +contracts, that it prevents even a great State from taking the +life or property of its humblest citizen without a trial under +due process of law, that trial by jury is preserved, and that +no man can be convicted of a crime without the privilege of +being represented by counsel, and that no man can be compelled +to be a witness against himself. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We must recall to them the awful tragedies enacted in the +days of old, where, under Star Chamber proceedings, men +were deprived of their property and their lives upon charges +of treason, which were never proven; and then we must point +out to them the burning words of the Constitution, which +provides that no man can be found guilty of treason without +at least two witnesses to the overt act. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We must impress upon them the great truth, that there +is not now, and never has been, a system of government +which can abolish sorrow, or sickness, or stay the hand of +death. That no government can help men who will not +help themselves; that there is no way in which any government +can bring riches to the indolent, nor bread to those who +will not toil. We must combat the false philosophy which +assumes that all men are equal in all things, because men are +not equal, except as under the Constitution they are equal +before the law. No system of legislation and no method of +government can equalize the strong with the weak, the wise +with the simple, the good with the bad. While God gives to +some men wisdom and shrewdness which others do not possess, +while some are broad shouldered, with muscles of steel, +and others are frail, and tremble as they walk, there will always +be riches, there will always be poverty, and any scheme +for equalizing the possessions of men is but an idle dream +which never can be realized until men are made over into +beings without passion or pride or ambition or selfishness. +Do not let them feel that its provisions are intended to protect +only the rich and powerful. If the right of a railway +<span class="tei tei-pb" id="page210">[pg 210]</span><a name="Pg210" id="Pg210" class="tei tei-anchor"></a> +corporation to certain lands is sustained under some constitutional +provision, do not allow the people to assume that this +provision exists only for corporations, but impress upon them +that the same constitutional provision which protects the railway +company in its rights, may be invoked in defense of the +little homestead out upon the prairies. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If some desperado should be acquitted because he invoked +the constitutional requirement that he upon his trial must be +confronted by the witnesses against him, remind those who +criticise that this same provision is made for their sons who +may to-morrow be unjustly charged with a crime; impress +upon them that it is impossible to have one law for the +guilty, and another for the innocent; and that under our +Constitution, every man is presumed to be innocent until +proven to be guilty. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Then impress upon the people something of the wonderful +growth of the Nation, the development of the Nation, and +the progress of the Nation—all under the wise protection of +the Constitution. To those who may be discouraged in the +battle of life, and who may attribute their failure to the injustice +of social conditions, point out what other men have +done under the same conditions, with no better opportunity, +and ask them to ponder the question as to whether their failure +is not to be attributed largely to their own lack of energy +and determination.<a id="noteref_117" name="noteref_117" href="#note_117"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">117</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And if they point out abuses which do exist, ask them to +aid in eliminating these abuses. If half the energy which +is exerted by earnest, but misguided people, in efforts to tear +down our form of government, were honestly applied in an +effort to remedy existing evils in a constitutional way, these +people would show that they were patriots, and at the same +time they would accomplish something for their country and +their fellowmen.<a id="noteref_118" name="noteref_118" href="#note_118"><span class="tei tei-noteref"><span style="font-size: 60%; vertical-align: super">118</span></span></a> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">Too long have we been silent</span></em> while the enemies of our +<span class="tei tei-pb" id="page211">[pg 211]</span><a name="Pg211" id="Pg211" class="tei tei-anchor"></a> +country have poisoned the minds of youth, yea, and of manhood +and womanhood, with the gospel of treason. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Those who despise and condemn the Constitution have in +the past ten years had more earnest students of their vicious +doctrines than have those who uphold the Constitution and +prize their liberties which the Constitution guards and protects. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All over the land earnest men and women are endeavoring +to teach the great truth of Americanism, and with substantial +success; but those who understand human nature realize that +the faith of our fathers can only be firmly established by +lighting the fires of patriotism and loyalty in the hearts of +our children. Through them the great truths of our National +life can be brought into the homes of the land. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +And the Nation will never be safe until the Constitution +is carried into the homes, until at every fireside young and +old shall feel a new sense of security in the guaranties which +are found in this great charter of human liberty, and a new +feeling of gratitude for the blessings which it assures to this, +and to all future generations. +</p> + +</div> + +<span class="tei tei-pb" id="page213">[pg 213]</span><a name="Pg213" id="Pg213" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc63" id="toc63"></a> +<a name="pdf64" id="pdf64"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Declaration Of Independence</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When in the Course of human events, it becomes necessary for one +people to dissolve the political bands which have connected them with +another, and to assume among the Powers of the earth, the separate +and equal station to which the Laws of Nature and of Nature's God +entitle them, a decent respect to the opinions of mankind requires that +they should declare the causes which impel them to the separation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We hold these truths to be self-evident, that all men are created equal, +that they are endowed by their Creator with certain unalienable Rights, +that among these are Life, Liberty and the pursuit of Happiness. That +to secure these rights, Governments are instituted among Men, deriving +their just powers from the consent of the governed. That whenever any +form of Government becomes destructive of these ends, it is the Right +of the People to alter or abolish it, and to institute new Government, +laying its foundation on such principles and organizing its powers in such +form, as to them shall seem most likely to effect their Safety and Happiness. +Prudence, indeed, will dictate that Governments long established +should not be changed for light and transient causes; and accordingly all +experience hath shown, that mankind are more disposed to suffer, while +evils are sufferable, than to right themselves by abolishing the forms to +which they are accustomed. But when a long train of abuses and usurpations, +pursuing invariably the same Object evinces a design to reduce them +under absolute Despotism, it is their right, it is their duty, to throw off +such Government, and to provide new Guards for their future security.—Such +has been the patient sufferance of these Colonies; and such is now +the necessity which constrains them to alter their former Systems of +Government. The history of the present King of Great Britain is a +history of repeated injuries and usurpations, all having in direct object +the establishment of an absolute Tyranny over these States. To prove +this, let Facts be submitted to a candid world. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has refused his Assent to Laws, the most wholesome and necessary +for the public good. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has forbidden his Governors to pass Laws of immediate and pressing +importance, unless suspended in their operation till his Assent should +be obtained; and when so suspended, he has utterly neglected to attend +to them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has refused to pass other Laws for the accommodation of large +districts of people, unless those people would relinquish the right of Representation +in the Legislature, a right inestimable to them and formidable +to tyrants only. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has called together legislative bodies at places unusual, uncomfortable, +and distant from the depository of their Public Records, for +the sole purpose of fatiguing them into compliance with his measures. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has dissolved Representative Houses repeatedly, for opposing with +manly firmness his invasion on the rights of the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has refused for a long time, after such dissolutions, to cause others +to be elected; whereby the Legislative Powers, incapable of Annihilation, +have returned to the People at large for their exercise; the State remaining +<span class="tei tei-pb" id="page214">[pg 214]</span><a name="Pg214" id="Pg214" class="tei tei-anchor"></a> +in the mean time exposed to all the dangers of invasion from without, +and convulsions within. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has endeavoured to prevent the population of these States; for that +purpose obstructing the Laws for Naturalization of Foreigners; refusing +to pass others to encourage their migration hither, and raising the +conditions of new Appropriations of Lands. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has obstructed the Administration of Justice, by refusing his +Assent to Laws for establishing Judiciary Powers. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has made Judges dependent on his Will alone, for the tenure of +their offices, and the amount and payment of their salaries. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has erected a multitude of New Offices, and sent hither swarms of +officers to harass our People, and eat out their substance. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has kept among us, in times of peace, Standing Armies without +the Consent of our legislature. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has affected to render the Military independent of and superior +to the Civil Power. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has combined with others to subject us to a jurisdiction foreign to +our constitution, and unacknowledged by our laws; giving his Assent to +their Acts of pretended Legislation: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For quartering large bodies of armed troops among us: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For protecting them, by a mock Trial, from Punishment for any Murders +which they should commit on the Inhabitants of these States: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For cutting off our Trade with all parts of the world: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For imposing taxes on us without our Consent: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For depriving us in many cases, of the benefits of Trial by Jury: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For transporting us beyond Seas to be tried for pretended offences: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For abolishing the free System of English Laws in a neighbouring +Province, establishing therein an Arbitrary government, and enlarging its +Boundaries so as to render it at once an example and fit instrument for +introducing the same absolute rule into these Colonies. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For taking away our Charters, abolishing our most valuable Laws, +and altering fundamentally the Forms of our Government: +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +For suspending our own Legislatures, and declaring themselves invested +with Power to legislate for us in all cases whatsoever. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has abdicated Government here, by declaring us out of his Protection +and waging War against us. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has plundered our seas, ravaged our Coasts, burnt our towns, and +destroyed the lives of our people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He is at this time transporting large armies of foreign mercenaries to +compleat the works of death, desolation and tyranny, already begun with +circumstances of Cruelty & perfidy scarcely parallel in the most barbarous +ages, and totally unworthy the Head of a civilized nation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has constrained our fellow Citizens taken Captive on the high +Seas to bear Arms against their Country, to become the executioners of +their friends and Brethren, or to fall themselves by their Hands. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He has excited domestic insurrections amongst us, and has endeavoured +to bring on the inhabitants of our frontiers, the merciless Indian Savages, +whose known rule of warfare, is an undistinguished destruction of +all ages, sexes and conditions. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In every stage of these Oppressions We have Petitioned for Redress +in the most humble terms: Our repeated Petitions have been answered +only by repeated injury. A Prince, whose character is thus marked by +every act which may define a Tyrant, is unfit to be the ruler of a +free People. +</p> + +<span class="tei tei-pb" id="page215">[pg 215]</span><a name="Pg215" id="Pg215" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Nor have We been wanting in attention to our British brethren. We +have warned them from time to time of attempts by their legislature to +extend an unwarrantable jurisdiction over us. We have reminded them +of the circumstances of our emigration and settlement here. We have +appealed to their native justice and magnanimity, and we have conjured +them by the ties of our common kindred to disavow these +usurpations, which would inevitably interrupt our connections and correspondence. +They too have been deaf to the voice of justice and of consanguinity. +We must, therefore, acquiesce in the necessity, which denounces +our Separation, and hold them, as we hold the rest of mankind, +Enemies in War, in Peace Friends. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We, therefore, the Representatives of the united States of America, in +General Congress, Assembled, appealing to the Supreme Judge of the +world for the rectitude of our intentions, do, in the Name, and by +Authority of the good People of these Colonies, solemnly publish and +declare, That these United Colonies are, and of Right ought to be Free +and Independent States; that they are Absolved from all Allegiance to +the British Crown, and that all political connection between them and +the State of Great Britain, is and ought to be totally dissolved; and that +as Free and Independent States, they have full Power to levy War, +conclude Peace, contract Alliances, establish Commerce, and to do all +other Acts and Things which Independent States may of right do. And +for the support of this Declaration, with a firm reliance on the Protection +of Divine Providence, we mutually pledge to each other our Lives, +our Fortunes and our sacred Honor. +</p> + +</div> + +<span class="tei tei-pb" id="page217">[pg 217]</span><a name="Pg217" id="Pg217" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc65" id="toc65"></a> +<a name="pdf66" id="pdf66"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Constitution Of The United States</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We the People of the United States, in Order to form a more perfect +Union, establish Justice, insure domestic Tranquility, provide for the +common defence, promote the general Welfare, and secure the Blessings +of Liberty to ourselves and our Posterity, do ordain and establish this +CONSTITUTION for the United States of America. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE I. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1. All legislative Powers herein granted shall be vested in a +Congress of the United States, which shall consist of a Senate and +House of Representatives. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2. The House of Representatives shall be composed of Members +chosen every second Year by the People of the several States, and +the Electors in each State shall have the Qualification requisite for +Electors of the most numerous Branch of the State Legislature. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Person shall be a Representative who shall not have attained to +the Age of twenty-five Years, and been seven Years a Citizen of the +United States, and who shall not, when elected, be an Inhabitant of that +State in which he shall be chosen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Representatives and direct Taxes shall be apportioned among the +several States which may be included within this Union, according to +their respective Numbers, which shall be determined by adding to the +whole Number of free Persons, including those bound to Service for a +Term of Years, and excluding Indians not taxed, three-fifths of all +other Persons. The actual Enumeration shall be made within three +Years after the first meeting of the Congress of the United States, and +within every subsequent Term of ten Years, in such Manner as they +shall by Law direct. The Number of Representatives shall not exceed +one for every thirty Thousand, but each State shall have at Least one +Representative; and until such enumeration shall be made, the State of +New Hampshire shall be entitled to chuse three, Massachusetts eight, +Rhode Island and Providence Plantations one, Connecticut five, New +York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland +six, Virginia ten, North Carolina five, South Carolina five, and +Georgia three. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When vacancies happen in the Representation from any State, the +Executive Authority thereof shall issue Writs of Election, to fill such +Vacancies. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The House of Representatives shall chuse their Speaker and other +Officers; and shall have the sole Power of Impeachment. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 3. The Senate of the United States shall be composed +of two Senators from each State, chosen by the Legislatures thereof, +for six Years; and each Senator shall have one Vote. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Immediately after they shall be assembled in Consequence of the first +Election, they shall be divided as equally as may be into three Classes. +The Seats of the Senators of the first Class shall be vacated at the +Expiration of the second Year, of the second Class at the Expiration of the +fourth Year, and of the third Class at the Expiration of the sixth Year, +so that one-third may be chosen every second Year; and if Vacancies +happen by Resignation, or otherwise, during the Recess of the Legislature +<span class="tei tei-pb" id="page218">[pg 218]</span><a name="Pg218" id="Pg218" class="tei tei-anchor"></a> +of any State, the Executive thereof may make temporary Appointments +(until the next Meeting of the Legislature, which shall then fill +such Vacancies). +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Person shall be a Senator who shall not have attained to the Age +of thirty Years, and been nine Years a Citizen of the United States, +and who shall not, when elected, be an Inhabitant of that State for +which he shall be chosen. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Vice President of the United States shall be President of the +Senate, but shall have no Vote, unless they be equally divided. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Senate shall chuse their other Officers, and also a President pro +tempore, in the absence of the Vice President, or when he shall exercise +the Office of President of the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Senate shall have the sole Power to try all Impeachments. When +sitting for that Purpose, they shall be on Oath or Affirmation. When +the President of the United States is tried, the Chief Justice shall preside: +And no Person shall be convicted without the Concurrence of two-thirds +of the Members present. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Judgment in Cases of Impeachment shall not extend further than to +removal from Office, and disqualification to hold and enjoy any Office +of honor, Trust or Profit under the United States: but the Party convicted +shall nevertheless be liable and subject to Indictment, Trial, Judgment +and Punishment, according to Law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 4. The Times, Places and Manner of holding Elections for +Senators and Representatives, shall be prescribed in each State by the +Legislature thereof; but the Congress may at any time by Law make or +alter such Regulations, except as to the Places of chusing Senators. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Congress shall assemble at least once in every Year, and such +Meeting shall be on the first Monday in December, unless they shall by +Law appoint a different Day. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 5. Each House shall be the Judge of the Elections, Returns +and Qualifications of its own Members, and a Majority of each shall +constitute a Quorum to do Business; but a smaller Number may adjourn +from day to day, and may be authorized to compel the Attendance of +absent Members, in such Manner, and under such Penalties as each +House may provide. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Each House may determine the Rules of its Proceedings, punish its +Members for disorderly Behavior, and, with the Concurrence of two-thirds, +expel a Member. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Each House shall keep a Journal of its Proceedings, and from time +to time publish the same, excepting such Parts as may in their Judgment +require Secrecy; and the Yeas and Nays of the Members of either +House on any question shall, at the Desire of one-fifth of those Present, +be entered on the Journal. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Neither House, during the Session of Congress, shall, without the +Consent of the other, adjourn for more than three days, nor to any +other Place than that in which the two Houses shall be sitting. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 6. The Senators and Representatives shall receive a Compensation +for their Services, to be ascertained by Law, and paid out of +the Treasury of the United States. They shall in all Cases, except +Treason, Felony and Breach of the Peace, be privileged from Arrest +during their Attendance at the Session of their respective Houses, and +in going to and returning from the same; and for any Speech or +Debate in either House, they shall not be questioned in any other Place. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Senator or Representative shall, during the Time for which he +<span class="tei tei-pb" id="page219">[pg 219]</span><a name="Pg219" id="Pg219" class="tei tei-anchor"></a> +was elected, be appointed to any civil Office under the Authority of the +United States, which shall have been created, or the Emoluments whereof +shall have been increased during such time; and no Person holding any +Office under the United States, shall be a Member of either House during +his Continuance in Office. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 7. All Bills for raising Revenue shall originate in the House +of Representatives; but the Senate may propose or concur with Amendments +as on other Bills. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every Bill which shall have passed the House of Representatives and +the Senate, shall, before it become a Law, be presented to the President +of the United States. If he approve he shall sign it, but if not, he shall +return it, with his Objections to that House in which it shall have +originated, who shall enter the Objections at large on their Journal, and +proceed to reconsider it. If after such Reconsideration two thirds of +that House shall agree to pass the Bill, it shall be sent, together +with the Objections, to the other House, by which it shall likewise be +reconsidered, and if approved by two thirds of that House, it shall become +a Law. But in all such Cases the Votes of both Houses shall be +determined by Yeas and Nays, and the Names of the Persons voting for +and against the Bill shall be entered on the Journal of each House +respectively. If any Bill shall not be returned by the President within ten +Days (Sundays excepted) after it shall have been presented to him, the +Same shall be a Law, in like Manner as if he had signed it, unless the +Congress by their Adjournment prevent its Return, in which Case it +shall not be a Law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every Order, Resolution, or Vote to which the Concurrence of the +Senate and House of Representatives may be necessary (except on a +question of Adjournment) shall be presented to the President of the +United States; and before the Same shall take Effect, shall be approved +by him, or being disapproved by him, shall be repassed by two thirds of +the Senate and House of Representatives, according to the Rules and +Limitations prescribed in the Case of a Bill. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 8. The Congress shall have Power to lay and collect Taxes, +Duties, Imposts and Excises, to pay the Debts and provide for the common +Defence and general Welfare of the United States; but all Duties, +Imposts and Excises shall be uniform throughout the United States; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To borrow money on the credit of the United States; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To regulate Commerce with foreign Nations, and among the Several +States, and with the Indian Tribes; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To establish an uniform Rule of Naturalization, and uniform Laws +on the subject of Bankruptcies throughout the United States; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To coin Money, regulate the Value thereof, and of foreign Coin, and +fix the Standard of Weights and Measures; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To provide for the Punishment of counterfeiting the Securities and +current Coin of the United States; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To establish Post Offices and post Roads; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To promote the Progress of Science and useful Arts, by securing for +limited Times to Authors and Inventors the exclusive Right to their +respective Writings and Discoveries; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To constitute Tribunals inferior to the supreme Court; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To define and punish Piracies and Felonies committed on the high +Seas and Offences against the Law of Nations; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To declare War, grant Letters of Marque and Reprisal, and make +Rules concerning Captures on Land and Water; +</p> + +<span class="tei tei-pb" id="page220">[pg 220]</span><a name="Pg220" id="Pg220" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To raise and support Armies, but no Appropriation of Money to that +Use shall be for a longer Term than two Years; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To provide and maintain a Navy; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To make Rules for the Government and Regulation of the land +and naval Forces; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To provide for calling forth the Militia to execute the Laws of the +Union, suppress Insurrections and repel Invasions; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To provide for organizing, arming, and disciplining the Militia, and +for governing such Part of them as may be employed in the Service +of the United States, reserving to the States respectively, the Appointment +of the Officers, and the Authority of training the Militia according +to the discipline prescribed by Congress; +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To exercise exclusive Legislation in all Cases whatsoever, over such +District (not exceeding ten Miles square) as may, by Cession of particular +States, and the acceptance of Congress, become the Seat of +the Government of the United States, and to exercise like Authority +over all Places purchased by the Consent of the Legislature of the +State in which the Same shall be, for the Erection of Forts, Magazines, +Arsenals, Dock-Yards and other needful Buildings;—And +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +To make all Laws which shall be necessary and proper for carrying +into Execution the foregoing Powers, and all other Powers vested +by this Constitution in the Government of the United States, or in any +Department or Officer thereof. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 9. The Migration or Importation of such Persons as any of +the States now existing shall think proper to admit, shall not be prohibited +by the Congress prior to the Year one thousand eight hundred +and eight, but a tax or duty may be imposed on such Importation, not +exceeding ten dollars for each Person. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Privilege of the Writ of Habeas Corpus shall not be suspended, +unless when in Cases of Rebellion or Invasion the public Safety may +require it. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Bill of Attainder or ex post facto Law shall be passed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Capitation, or other direct Tax shall be laid, unless in Proportion to +the Census or Enumeration herein before directed to be taken. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No tax or Duty shall be laid on Articles exported from any State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Preference shall be given by any Regulation of Commerce or +Revenue to the Ports of one State over those of another; nor shall Vessels +bound to, or from, one State, be obliged to enter, clear, or pay Duties +in another. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Money shall be drawn from the Treasury, but in Consequence of +Appropriations made by Law; and a regular Statement and Account +of the Receipts and Expenditures of all Public Money shall be published +from time to time. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Title of Nobility shall be granted by the United States: And no +Person holding any Office of Profit or Trust under them, shall, without +the Consent of the Congress, accept of any present, Emolument, Office, +or Title, of any kind whatever, from any King, Prince, or Foreign State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 10. No State shall enter into any Treaty, Alliance, or Confederation; +grant Letters of Marque and Reprisal; coin Money; emit +Bills of Credit; make anything but gold and silver Coin a Tender in Payment +of Debts; pass any Bill of Attainder, ex post facto law, or Law impairing +the Obligation of Contracts, or grant any Title of Nobility. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No State shall, without the Consent of the Congress, lay any Imposts +or Duties on Imports or Exports, except what may be absolutely necessary +<span class="tei tei-pb" id="page221">[pg 221]</span><a name="Pg221" id="Pg221" class="tei tei-anchor"></a> +for executing its inspection. Laws: and the net Produce of all +Duties and Imposts, laid by any State on Imports or Exports, shall be for +the Use of the Treasury of the United States; and all of such Laws +shall be subject to the Revision and Control of the Congress. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No State shall, without the Consent of Congress, lay any duty of Tonnage, +keep Troops, or Ships of War in time of Peace, enter into any +Agreement or Compact with another State, or with a foreign Power, or +engage in War, unless actually invaded, or in such imminent Danger as +will not admit of Delay. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE II. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The executive Power shall be vested in a President of the United +States of America. He shall hold his Office during the Term of Four +Years, and, together with the Vice President, chosen for the same Term, +be elected, as follows +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Each State shall appoint, in such Manner as the Legislature thereof +may direct, a Number of Electors, equal to the whole Number of Senators +and Representatives to which the State may be entitled in the +Congress: but no Senator or Representative, or person holding an Office +of Trust or Profit under the United States, shall be appointed as Elector. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Electors shall meet in their respective States, and vote by Ballot +for two persons, of whom one at least shall not be an Inhabitant of the +same State with themselves. And they shall make a List of all the +Persons voted for, and of the Number of Votes for each; which List they +shall sign and certify, and transmit sealed to the Seat of the Government +of the United States, directed to the President of the Senate. The President +of the Senate shall, in the Presence of the Senate and House of +Representatives, open all the Certificates, and the Votes shall then be +counted. The Person having the greatest Number of Votes shall be the +President, if such Number be a Majority of the whole Number of Electors +appointed; and if there be more than one who have such Majority, and +have an equal Number of Votes, then the House of Representatives shall +immediately chuse by Ballot one of them for President; and if no Person +have a Majority, then from the five highest on the List the said House +shall in like Manner chuse the President. But in chusing the President, +the Votes shall be taken by States, the Representation from each State +having one Vote; A quorum for this Purpose shall consist of a Member +or Members from two-thirds of the States, and a Majority of all the States +shall be necessary to a Choice. In every Case, After the Choice of the +President, the Person having the greatest number of Votes of the Electors +shall be the Vice President. But if there should remain two or +more who have equal Votes, the Senate shall chuse from them by Ballot +the Vice President. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Congress may determine the Time of chusing the Electors, and the +Day on which they shall give their Votes; which Day shall be the same +throughout the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No person except a natural born Citizen, or a Citizen of the United +States, at the time of the Adoption of this Constitution, shall be eligible +to the Office of President; neither shall any Person be eligible to that +Office who shall not have attained the age of thirty-five years, and been +fourteen Years a Resident within the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In Case of the Removal of the President from Office, or of his Death, +Resignation or Inability to discharge the Powers and Duties of said +Office, the Same shall devolve on the Vice President, and the Congress +may by Law provide for the Case of Removal, Death, Resignations, or +<span class="tei tei-pb" id="page222">[pg 222]</span><a name="Pg222" id="Pg222" class="tei tei-anchor"></a> +Inability, both of the President and Vice President, declaring what Officer +shall then act as President, and such Officer shall act accordingly, until +the Disability be removed, or a President shall be elected. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The President shall, at stated Times, receive for his Services, a Compensation, +which shall neither be increased nor diminished during the +Period for which he shall have been elected, and he shall not receive +within that Period any other Emolument from the United States, or any +of them. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Before he enter on the Execution of his Office, he shall take the following +Oath or Affirmation:—<span class="tei tei-q">“I do solemnly swear (or affirm) that I +will faithfully execute the Office of President of the United States, and +will to the best of my Ability, preserve, protect and defend the Constitution +of the United States.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2. The President shall be Commander in Chief of the Army +and Navy of the United States, and of the Militia of the several States, +when called into the actual Service of the United States; he may require +the Opinion, in writing, of the principal Officer in each of the +executive Departments, upon any Subject relating to the Duties of their +respective Offices, and he shall have Power to grant Reprieves and +Pardons for Offences against the United States, except in Cases of Impeachment. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +He shall have Power, by and with the Advice and Consent of the +Senate, to make Treaties, provided two thirds of the Senators present +concur; and he shall nominate, and by and with the Advice and Consent +of the Senate, shall appoint Ambassadors, other public Ministers and +Consuls, Judges of the supreme Court, and all other Officers of the +United States, whose Appointments are not herein otherwise provided +for, and which shall be established by Law: but the Congress may by +Law vest the Appointment of such inferior Officers, as they think proper, +in the President alone, in the Courts of Law, or in the Heads of Departments. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The President shall have Power to fill up all Vacancies that may +happen during the recess of the Senate, by granting Commissions which +shall expire at the End of their next Session. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 3. He shall from time to time give to the Congress Information +of the state of the Union, and recommend to their Consideration such +Measures as he shall judge necessary and expedient; he may, on extraordinary +Occasions, convene both Houses, or either of them, and in Case +of Disagreement between them, with Respect to the Time of Adjournment, +he may adjourn them to such Time as he shall think proper; +he shall receive Ambassadors and other public Ministers; he shall take +Care that the Laws be faithfully executed, and shall Commission all the +Officers of the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 4. The President, Vice President and all civil Officers of the +United States, shall be removed from Office on Impeachment for, and +Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE III. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1. The judicial Power of the United States shall be vested in +one supreme Court, and in such inferior Courts as the Congress may +from time to time ordain and establish. The Judges, both of the +supreme and inferior Courts, shall hold their Offices during good Behaviour, +and shall, at stated Times, receive for their Services, a Compensation +<span class="tei tei-pb" id="page223">[pg 223]</span><a name="Pg223" id="Pg223" class="tei tei-anchor"></a> +which shall not be diminished during their Continuance in +Office. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2. The judicial Power shall extend to all Cases, in Law and +Equity, arising under this Constitution, the Laws of the United States, +and Treaties made, or which shall be made, under their Authority;—to +all Cases affecting Ambassadors, other public Ministers and Consuls;—to +all Cases of admiralty and maritime Jurisdiction;—to Controversies +to which the United States, shall be a party;—to Controversies +between two or more States;—between a State and Citizens of another +State;—between Citizens of different States;—between Citizens of the +same State claiming Lands under Grants of different States, and between +a State, or the Citizens thereof, and foreign States, Citizens or Subjects. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In all Cases affecting Ambassadors, other public Ministers and Consuls, +and those in which a State shall be a Party, the supreme Court shall +have original Jurisdiction. In all the other Cases before mentioned, +the supreme Court shall have appellate Jurisdiction, both as to Law +and Fact, with such Exceptions, and under such Regulations as the +Congress shall make. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The trial of all Crimes, except in Cases of Impeachment, shall be by +Jury, and such Trial shall be held in the State where the said Crimes +shall have been committed; but when not committed within any State, +the Trial shall be at such Place or Places as the Congress may by Law +have directed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 3. Treason against the United States, shall consist only in +levying War against them, or in adhering to their Enemies, giving them +Aid and Comfort. No person shall be convicted of Treason unless on +the Testimony of two Witnesses to the same overt Act, or on Confession +in open Court. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Congress shall have power to declare the Punishment of Treason, +but no Attainder of Treason shall work Corruption of Blood, or Forfeiture +except during the Life of the Person attainted. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE IV. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1. Full Faith and Credit shall be given in each State to the +public Acts, Records and judicial Proceedings of every other State. And +the Congress may by general Laws prescribe the Manner in which such +Acts, Records and Proceedings shall be proved, and the Effect thereon. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2. The Citizens of each State shall be entitled to all Privileges +and Immunities of Citizens in the several States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A Person charged in any State with Treason, Felony, or other Crime, +who shall flee from Justice, and be found in another State, shall on +demand of the executive Authority of the State from which he fled, be +delivered up, to be removed to the State having Jurisdiction of the Crime. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Person held to Service or Labour in one State, under the Laws +thereof, escaping into another, shall, in Consequence of any Law or +Regulation therein, be discharged from such service or Labour, but +shall be delivered up on Claim of the Party to whom such Service or +Labour may be due. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 8. New States may be admitted by the Congress into this +Union; but no new State shall be formed or erected within the Jurisdiction +of any other State; nor any State be formed by the Junction of two +or more States, or parts of States, without the Consent of the Legislatures +of the States concerned as well as of the Congress. +</p> + +<span class="tei tei-pb" id="page224">[pg 224]</span><a name="Pg224" id="Pg224" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Congress shall have Power to dispose of and make all needful +Rules and Regulations respecting the Territory or other property belonging +to the United States; and nothing in this Constitution shall be so +construed as to Prejudice any Claims of the United States, or of any +particular State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 4. The United States shall guarantee to every State in this +Union a Republican Form of Government, and shall protect each of +them against invasion; and on Application of the Legislature, or of the +Executive (when the Legislature cannot be convened) against domestic +Violence. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE V. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Congress, whenever two thirds of both Houses shall deem it necessary, +shall propose Amendments to this Constitution, or, on the Application +of the Legislatures of two thirds of the several States, shall call a +Convention for proposing Amendments, which, in either Case, shall be +valid to all Intents and Purposes, as Part of this Constitution, when +ratified by the Legislatures of three-fourths of the several States, or by +Conventions in three-fourths thereof, as the one or the other Mode of +Ratification may be proposed by the Congress; Provided that no Amendment +which may be made prior to the Year One thousand eight hundred +and eight shall in any Manner affect the first and fourth Clauses in the +Ninth Section of the first Article; and that no State, without its Consent, +shall be deprived of its equal Suffrage in the Senate. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE VI. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +All Debts contracted and Engagements entered into, before the Adoption +of this Constitution, shall be as valid against the United States +under this Constitution, as under the Confederation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This Constitution, and the Laws of the United States which shall be +made in Pursuance thereof; and all Treaties made, or which shall be +made, under the Authority of the United States, shall be the supreme +Law of the Land; and the Judges in every State shall be bound thereby, +any Thing in the Constitution or Laws of any State to the Contrary +notwithstanding. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Senators and Representatives before mentioned, and the Members +of the several State Legislatures, and all executive and judicial +Officers, both of the United States and of the several States, shall be +bound by Oath or Affirmation, to support this Constitution; but no religious +Test shall ever be required as a Qualification to any Office or public +Trust under the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE VII. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Ratification of the Conventions of nine States shall be sufficient +for the Establishment of this Constitution between the States so ratifying +the Same. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +DONE in Convention by the Unanimous Consent of the States present +the Seventeenth Day of September in the Year of our Lord one thousand +seven hundred and Eighty seven, and of the Independence of the United +States of America the Twelfth. In Witness whereof We have hereunto +subscribed our Names, +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Go. Washington +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Presidt. and Deputy from Virginia +</p> + +</div> + +<span class="tei tei-pb" id="page225">[pg 225]</span><a name="Pg225" id="Pg225" class="tei tei-anchor"></a> + +<hr class="page" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> +<a name="toc67" id="toc67"></a> +<a name="pdf68" id="pdf68"></a> +<h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Articles In Addition To, And Amendment Of The Constitution Of +The United States Of America, Proposed By Congress, And Ratified +By The Legislatures Of The Several States Pursuant To The Fifth +Article Of The Original Constitution</span></h1> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE I. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Congress shall make no law respecting an establishment of religion, or +prohibiting the free exercise thereof; or abridging the freedom of speech, +or of the press; or the right of the people peaceably to assemble, and to +petition the Government for a redress of grievances. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE II. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A well regulated Militia, being necessary to the security of a free +State, the right of the people to keep and bear Arms, shall not be infringed. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE III. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No Soldier shall, in time of peace, be quartered in any house, without +the consent of the Owner, nor in time of war, but in a manner to be +prescribed by law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE IV. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The right of the people to be secure in their persons, houses, papers, +and effects, against unreasonable searches and seizures, shall not be +violated, and no Warrants shall issue, but upon probable cause, supported +by Oath or affirmation, and particularly describing the place to +be searched, and the persons or things to be seized. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE V. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +No person shall be held to answer for a capital, or otherwise infamous +crime, unless on a presentment or indictment of a Grand Jury, +except in cases arising in the land or naval forces, or in the Militia, +when in actual service in time of War or public danger; nor shall any +person be subject for the same offence to be twice put in jeopardy of +life or limb; nor shall be compelled in any criminal case to be a witness +against himself, nor be deprived of life, liberty, or property, without +due process of law; nor shall private property be taken for public use, +without just compensation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE VI. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In all criminal prosecutions, the accused shall enjoy the right to a +speedy and public trial, by an impartial jury, of the State and district +wherein the crime shall have been committed, which district shall have +been previously ascertained by law, and to be informed of the nature +and cause of the accusation; to be confronted with the witnesses against +him; to have compulsory process for obtaining witnesses in his favor, +and to have the Assistance of Counsel for his defence. +</p> + +<span class="tei tei-pb" id="page226">[pg 226]</span><a name="Pg226" id="Pg226" class="tei tei-anchor"></a> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE VII. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In suits at common law, where the value in controversy shall exceed +twenty dollars, the right of trial by jury shall be preserved, and no +fact tried by a jury shall be otherwise re-examined in any Court of the +United States, than according to the rules of the common law. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE VIII. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Excessive bail shall not be required, nor excessive fines imposed, nor +cruel and unusual punishments inflicted. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE IX. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The enumeration in the Constitution, of certain rights, shall not be +construed to deny or disparage others retained by the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE X. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The powers not delegated to the United States by the Constitution, +nor prohibited by it to the States, are reserved to the States respectively, +or to the people. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XI. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Judicial power of the United States shall not be construed to +extend to any suit in law or equity, commenced or prosecuted against +one of the United States by Citizens of another State, or by Citizens or +Subjects of any Foreign State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XII. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Electors shall meet in their respective states and vote by ballot +for President and Vice-President, one of whom, at least, shall not be +an inhabitant of the same state with themselves; they shall name in +their ballots the person voted for as President, and in distinct ballots +the person voted for as Vice-President, and they shall make distinct +lists of all persons voted for as President, and of all persons voted for +as Vice-President, and of the number of votes for each, which lists they +shall sign and certify, and transmit sealed to the seat of the government +of the United States, directed to the President of the Senate;—The +President of the Senate shall, in presence of the Senate and House of +Representatives, open all the certificates and the votes shall then be +counted;—The person having the greatest number of votes for President, +shall be the President, if such number be a majority of the whole number +of Electors appointed; and if no person have such majority, then from +the persons having the highest numbers not exceeding three on the list +of those voted for as President, the House of Representatives shall choose +immediately, by ballot, the President. But in choosing the President, +the votes shall be taken by states, the representation from each state +having one vote; a quorum for this purpose shall consist of a member +or members from two-thirds of the states, and a majority of all the states +shall be necessary to a choice. And if the House of Representatives +shall not choose a President whenever the right of choice shall devolve +upon them, before the fourth day of March next following, then the +<span class="tei tei-pb" id="page227">[pg 227]</span><a name="Pg227" id="Pg227" class="tei tei-anchor"></a> +Vice-President shall act as President, as in the case of the death or other +constitutional disability of the President.—The person having the greatest +number of votes as Vice-President, shall be the Vice-President, if +such number be a majority of the whole number of Electors appointed, +and if no person have a majority, then from the two highest numbers on +the list, the Senate shall choose the Vice-President; a quorum for the +purpose shall consist of two-thirds of the whole number of Senators, and +a majority of the whole number shall be necessary to a choice. But +no person constitutionally ineligible to the office of President shall be +eligible to that of Vice-President of the United States. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XIII. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1. Neither slavery nor involuntary servitude, except as a punishment +for crime whereof the party shall have been duly convicted, +shall exist within the United States, or any place subject to their jurisdiction. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2. Congress shall have power to enforce this article by appropriate +legislation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XIV. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1. All persons born or naturalized in the United States, and +subject to the jurisdiction thereof, are citizens of the United States and +of the State wherein they reside. No State shall make or enforce any +law which shall abridge the privileges or immunities of citizens of the +United States; nor shall any State deprive any person of life, liberty, +or property, without due process of law; nor deny to any person within +its jurisdiction the equal protection of the laws. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2. Representatives shall be apportioned among the several +States according to their respective numbers, counting the whole number +of persons in each State, excluding Indians not taxed. But when the +right to vote at any election for the choice of electors for President and +Vice-President of the United States, Representatives in Congress, the +Executive and Judicial officers of a State, or the members of the Legislature +thereof, is denied to any of the male inhabitants of such State, +being twenty-one years of age, and citizens of the United States, or in +any way abridged, except for participation in rebellion, or other crime, +the basis of representation therein shall be reduced in the proportion +which the number of such male citizens shall bear to the whole number +of male citizens twenty-one years of age in such State. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 3. No person shall be a Senator or Representative in Congress, +or elector of President and Vice-President, or hold any office, +civil or military, under the United States, or under any State, who, having +previously taken an oath, as a member of Congress, or as an officer +of the United States, or as a member of any State Legislature, or as an +executive or judicial officer of any State, to support the Constitution of +the United States, shall have engaged in insurrection or rebellion against +the same, or given aid or comfort to the enemies thereof. But Congress +may, by a vote of two-thirds of each House, remove such disability. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 4. The validity of the public debt of the United States, authorized +by law, including debts incurred for payment of pensions and +bounties for services in suppressing insurrection or rebellion, shall not +be questioned. But neither the United States nor any other State shall +<span class="tei tei-pb" id="page228">[pg 228]</span><a name="Pg228" id="Pg228" class="tei tei-anchor"></a> +assume to pay any debt or obligation incurred in +aid of insurrection or rebellion against the United States, or any +claim for the loss or emancipation of any slave; but all such debts, +obligations and claims shall be held illegal and void. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 5. The Congress shall have power to enforce, by appropriate +legislation, the provisions of this article. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XV +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1. The right of citizens of the United States to vote shall +not be denied or abridged by the United States or by any State on +account of race, color, or previous condition of servitude. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2. The Congress shall have power to enforce this article +by appropriate legislation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XVI +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Congress shall have power to lay and collect taxes on incomes, +from whatever source derived, without apportionment among +the several States, and without regard to any census or enumeration. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XVII +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Senate of the United States shall be composed of two Senators +from each State, elected by the people thereof, for six years; +and each Senator shall have one vote. The electors in each State +shall have the qualifications requisite for electors of the most numerous +branch of the State legislatures. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +When vacancies happen in the representation of any State in the +Senate, the executive authority of such State shall issue writs of +election to fill such vacancies: Provided, That the legislature of any +State may empower the executive thereof to make temporary appointment +until the people fill the vacancies by election as the legislature +may direct. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This amendment shall not be so construed as to affect the election +or term of any Senator chosen before it becomes valid as part +of the Constitution. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XVIII +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 1. After one year from the ratification of this article the +manufacture, sale, or transportation of intoxicating liquors within, +the importation thereof into, or the exportation thereof from the +United States and all territory subject to the jurisdiction thereof +for beverages purposes is hereby prohibited. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 2. The Congress and the several States shall have concurrent +power to enforce this article by appropriate legislation. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Section 3. This article shall be inoperative unless it shall have +been ratified as an amendment to the Constitution by the legislatures +of the several States, as provided in the Constitution, within +seven years from the date of the submission hereof to the States by +the Congress. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +ARTICLE XIX +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The right of citizens of the United States to vote shall not be +denied or abridged by the United States or by any State on account +of sex. +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Congress shall have power to enforce this article by appropriate +legislation. +</p> + +</div> + +</div> +<hr class="doublepage" /><div class="tei tei-back" style="margin-bottom: 2.00em; margin-top: 6.00em"> + <div id="footnotes" class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <a name="toc69" id="toc69"></a> + <a name="pdf70" id="pdf70"></a> + <h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Footnotes</span></h1> + <dl class="tei tei-list-footnotes"><dt class="tei tei-notelabel"><a id="note_1" name="note_1" href="#noteref_1">1.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Boys and +girls often do not realize the value of an education as +a preparation for success in life. The following figures from an educational +authority show what education does for a boy or a girl. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(a) Less than three per cent of the people of the United States have +a college education, but this three per cent furnishes fifty-nine per cent +of the men and women called successful. Fourteen per cent come from +those having had some college training. This shows that nearly three-fourths +of all men and women in the United States called successful +have had some college training. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(b) During the past ten years Massachusetts has given all her children +a minimum of seven years of schooling, while Tennessee has given +her children but three years. The Massachusetts citizens produce per +capita $260 per year, while the Tennessee citizens produce per capita +$116 per year. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(c) Of the fifty-five members attending the Federal convention that +made the Constitution of the United States in 1787, thirty had attended +college, and twenty-six had college degrees. Of the forty State officers +in Iowa in 1918, thirty were college graduates, seven were graduates of +high schools, and only three had less than a high school education. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(d) The child with no schooling has one chance in 150,000 of performing +distinguished services; with elementary education he has four +times the chance; with high school education he has eighty-seven times +the chance; with college education he has eight hundred times the chance. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(e) Every boy and every girl should stick to his school work until he +at least graduates from a fully accredited high school. +</p></dd><dt class="tei tei-notelabel"><a id="note_2" name="note_2" href="#noteref_2">2.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Law +can do nothing without morals.”</span>—Benjamin Franklin. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Through the whole of life and the whole system of duties, much the +strongest moral obligations are such as were never the results of our +option.”</span>—Edmund Burke. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“To do evil that good may come of it, is for the bungler in politics +as well as in morals.”</span>—Benjamin Franklin. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Duty is not collective; it is personal.”</span>—Calvin Coolidge. +</p></dd><dt class="tei tei-notelabel"><a id="note_3" name="note_3" href="#noteref_3">3.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Ignorance +of the law excuses no man.”</span>—Selected. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Knowledge is in every country the surest basis of public happiness.”</span>—George +Washington.</p></dd><dt class="tei tei-notelabel"><a id="note_4" name="note_4" href="#noteref_4">4.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“The thorough education of all classes of people is the most +efficacious means of promoting the prosperity of the Nation. The material +interests of its citizens, as well as their moral and intellectual culture, +depend upon its accomplishment.”</span>—Robert E. Lee. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“In a Republic education is indispensable. A Republic without education +is like the creature of imagination, a human being without a soul, +living and moving blindly, with no just sense of the present or the future.”</span>—Charles +Sumner. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Without popular education, no government which rests upon popular +action can long endure. The people must be schooled in the knowledge, +and if possible in the virtues, upon which the maintenance and success +of free institutions depend.”</span>—Woodrow Wilson. +</p></dd><dt class="tei tei-notelabel"><a id="note_5" name="note_5" href="#noteref_5">5.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Where +the State has bestowed education, the man who accepts +it must be content to accept it merely as charity, unless he returns it +to the State in full in the shape of good citizenship.”</span>—Theodore +Roosevelt.</dd><dt class="tei tei-notelabel"><a id="note_6" name="note_6" href="#noteref_6">6.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Government</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Liberty</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Authority</span></span>—<span class="tei tei-hi"><span style="font-style: italic">Law</span></span>—the man or the woman +who fails to appreciate the true meaning of these terms, lacks the training +necessary to be a good citizen in a Republic.”</span>—Abraham Lincoln. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“We need more of the office desk and less of the show-window in +politics. Let men in office substitute the midnight oil for the lime-light.”</span>—Calvin +Coolidge.</p></dd><dt class="tei tei-notelabel"><a id="note_7" name="note_7" href="#noteref_7">7.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Government +is the aggregate of authorities which rule a society.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Government is that institution or aggregate of institutions by which +society makes and carries out those rules of action which are necessary to +enable men to live in a social state, or which are imposed upon the +people forming that society by those who possess the power or authority +of prescribing them.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. +I, p. 891.</p></dd><dt class="tei tei-notelabel"><a id="note_8" name="note_8" href="#noteref_8">8.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Government +is the organized means and power that a State or +Nation employs for the purpose of securing the rights of the people, and +of perpetuating its own existence. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The real aim and purpose is well stated in the preamble to our Constitution +when it says: <span class="tei tei-q">“to form a more perfect Union, establish +Justice, insure domestic Tranquility, provide for the common Defence, +promote the general Welfare, and secure the blessings of Liberty to ourselves +and our Posterity”</span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Government can never rise higher than the ideals of the people who +compose the government. Good governments are the products of good +people. Good governments can only exist where the people are intelligent +and upright in character, and where each citizen is willing to guard +the rights and privileges of others as well as those of himself. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“This government <span class="tei tei-hi"><span style="font-style: italic">of the people</span></span>, <span class="tei tei-hi"><span style="font-style: italic">by the people</span></span>, and <span class="tei tei-hi"><span style="font-style: italic">for the people</span></span>, +shall not perish from the earth.”</span>—Abraham Lincoln.</p></dd><dt class="tei tei-notelabel"><a id="note_9" name="note_9" href="#noteref_9">9.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The +object of government is to protect the citizens of a country +and to promote their general welfare, and it is composed of the officials +who care for the public interests of the citizens. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Under republican government, the weakest citizen enjoys the same +rights and privileges as do the strongest citizens, the poorest have the +same protection given to the richest, the most humble man or woman has +a chance to become the head of his or her government and to lead the +Nation among the most powerful Nations in the world. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Brains and character rule the world. There were scores of men a +hundred years ago who had more intellect than Washington. He outlives +and overrides them all by the influence of his character.”</span>—Wendell +Phillips. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The true greatness of nations is in those qualities which constitute +the greatness of the individual.”</span>—Charles Sumner.</p></dd><dt class="tei tei-notelabel"><a id="note_10" name="note_10" href="#noteref_10">10.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“There +is always hope in a man that actually and honestly works. +In idleness alone is there perpetual despair.”</span>—Thomas Carlyle. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“He that hath a trade hath an estate, and he that hath a calling hath +an office of profit and honor.”</span>—Benjamin Franklin. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“If you have the great talents, industry will improve them; if moderate +abilities, industry will supply their deficiencies.”</span>—Joshua Reynolds. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Other nations have received their laws from conquerors; some are +indebted for a constitution to the suffering of their ancestors through +revolving centuries. The people of this country, alone, have formally +and deliberately chosen a government for themselves, and with open and +uninfluenced consent bound themselves into a social compact. Here no +man proclaims his birth or wealth as a title to honorable distinction, +or to sanctify ignorance and vice with the name of hereditary authority. +He who has most zeal and ability to promote public felicity, let him +be the servant of the public.”</span>—John Adams. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The basis of our political system is the right of the people to make +or alter their constitution of government.”</span>—George Washington. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Let us then, fellow citizens, unite with one heart and one mind and +labor for the welfare of the country.”</span>—Thomas Jefferson. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Declaration of Independence and the Constitution of the United +States are parts of one consistent whole, founded upon one and the same +theory of government,—that the people are the only legitimate source of +power, and that all just powers of government are derived from the consent +of the governed.”</span>—John Quincy Adams.</p></dd><dt class="tei tei-notelabel"><a id="note_11" name="note_11" href="#noteref_11">11.</a></dt><dd class="tei tei-notetext">This description +almost perfectly fits the making of the Mayflower +Compact in the cabin of the ship Mayflower on November 11, 1620. +Those Pilgrim Fathers drew up an agreement which was the first attempt +at a written constitution in the New World. The Fundamental Orders +of Connecticut, of 1638, are generally conceded to be the oldest real +constitution in America.</dd><dt class="tei tei-notelabel"><a id="note_12" name="note_12" href="#noteref_12">12.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">When +Jefferson wrote <span class="tei tei-q">“all men are created equal”</span>, he did not mean +that all infant children have equal capacities for learning or accomplishment, +but that all children ought to be given equal opportunities by the +government of a republic. He meant that in a republic all children, +whether rich or poor, whether of the aristocracy or of the common people, +had great opportunities to be good and great men and women. He +meant that a poor boy born in the Kentucky mountains and a rail splitter +in the woods of Illinois had the opportunity to become President of the +United States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Declaration of Independence was not a mere temporary expedient, +but is an enunciation of fundamental truths intended for all time.”</span>—William +J. Bryan. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Fourscore and seven years ago our fathers brought forth upon this +continent a new nation, <em class="tei tei-emph"><span style="font-style: italic">conceived in liberty</span></em>, and dedicated to the proposition +that all men are created equal.”</span>—Abraham Lincoln. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Where slavery is, there <em class="tei tei-emph"><span style="font-style: italic">liberty</span></em> cannot be and where <em class="tei tei-emph"><span style="font-style: italic">liberty</span></em> is, slavery +cannot be.”</span>—Abraham Lincoln. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Respect for its (the government's) authority, compliance with its +laws, acquiesence in its measures, are duties enjoined by the fundamental +maxims of true Liberty.”</span>—George Washington. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Liberty—on its positive side, denotes the fulness of individual existence; +on its negative side it denotes the necessary restraint on all, +which is needed to promote the greatest possible amount of liberty for +each.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I. p. 217.</p></dd><dt class="tei tei-notelabel"><a id="note_13" name="note_13" href="#noteref_13">13.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Other nations have received their laws from conquerors; some +are indebted for a constitution to the sufferings of their ancestors through +revolving centuries. The people of this country, alone have formally +and deliberately chosen a government for themselves, and with open and +uninfluenced consent bound themselves into a social compact. Here no +man proclaims his birth or wealth as a title to honorable distinction, or +to sanctify ignorance and vice with the name of hereditary authority.”</span>—John +Adams.</dd><dt class="tei tei-notelabel"><a id="note_14" name="note_14" href="#noteref_14">14.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Liberty means freedom in the enjoyment of all one's faculties +in all lawful ways, the liberty to earn a livelihood by any lawful calling, +the liberty to live and work where one wills.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Allgeyer vs. Louisiana, +165 U. S. 578.</span></span></dd><dt class="tei tei-notelabel"><a id="note_15" name="note_15" href="#noteref_15">15.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Civil liberty is the liberty belonging to men in organized society. +It is liberty defined, regulated and protected by positive law of the State +or recognized as existing under customary law.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American +Government</span></span>, Vol. II, p. 347. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The American people are a peculiar people. They are peculiar in +their origin, peculiar in their make-up, and due to their sufferings, their +persecutions, and their enduring perseverance, they are still a peculiar +people. From the first white man to steer his little wooden ship westward +across the great Atlantic ocean to the latest arrival among the most +recent immigrants, the people coming to America have been different +from those people remaining in their European homes. The conditions +surrounding the lives of those people in Europe who left their homes +and first settled in America were not materially different from the conditions +surrounding the lives of thousands of other people who were +satisfied and content to remain on their European shores. Many men +thought the earth was round long before Christopher Columbus sailed +away from that little seaport town in Spain to test his own ideas of +finding a shorter route to India. Many people believed in religious +liberty long before the Pilgrims and Puritans landed on the bleak New +England shores and suffered the hardships of first settlers in a new +country in order to worship God as they pleased. Many people seriously +and intelligently doubted the divine right of kings, and believed in the +rights of the people to govern themselves long before the American +colonists adopted the Declaration of Independence. But it was left for +these people—these coming Americans—to demonstrate to all the world +that America was to be peopled by men and women of different ideals, +different hopes, and different ambitions from all the other nations of +the world.</p></dd><dt class="tei tei-notelabel"><a id="note_16" name="note_16" href="#noteref_16">16.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">A pure democracy would be that form of government in which all +people of the age of twenty-one years could actually take part in making +the laws and administering the government. A country would need be +very small indeed, if <em class="tei tei-emph"><span style="font-style: italic">all</span></em> the people above twenty-one years of age could +assemble in any one place and organize and conduct a meeting in which +<em class="tei tei-emph"><span style="font-style: italic">all</span></em> could take part in law-making. No building would be large enough +to accommodate all the people and even if all the people assembled out +of doors, the number would be so large that those standing or sitting near +the outer edge of the assembly would be so far from the speaker that they +could not hear what he said when he spoke to them. A pure democracy +is a physical impossibility. The nearest form of government to a pure +democracy is a representative democracy, or one in which groups of +people choose one or more persons to represent them. Then these representatives +make laws and carry on the government in the name of all +the people whom they represent. Therefore a democracy is that form of +government in which all people have equal opportunities, and in which +all may take part in the government through their chosen representatives. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“No matter how widely democracy may be extended, if it is not accompanied +by a certain equality of opportunity among the members of the +political society, it is not democracy.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, +Vol. I, p. 561. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Democracy is that form of government in which the people rule. The +basis of democracy is equality, as that of the aristocracy is privilege.”</span>—Bouvier's +<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 540. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The beginnings of democracy were best observed in the townships of +New England, where the Puritans from England settled and organized +towns which were centers of democracy.”</span>—Peter Roberts. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In an absolute monarchy, the ruler is supreme; in a limited monarchy, +the parliament or congress sets a limit to the powers of the ruler; in a +democracy, the people rule. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“It is almost impossible that all the people will exactly agree on any +proposition, either political or social. Therefore the rule of government +in a democracy is, that all the people shall accept and obey those laws +and regulations that are pleasing to the majority.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The basis of our political system is the right of the <em class="tei tei-emph"><span style="font-style: italic">people</span></em> to make +or alter their constitution of government.”</span>—George Washington. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“No man is good enough to govern another man without that other +man's consent.”</span>—Abraham Lincoln. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“This country, with all its institutions, belongs to the people who inhabit +it.”</span>—Abraham Lincoln. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“I believe that the American people accept, as one just definition of +democracy, Napoleon's phrase, 'Every career is open to talent'.”</span>—Charles +William Eliot. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Lincoln defined a democracy as <span class="tei tei-q">“A government of the people, by the +people, and for the people”</span>.</p></dd><dt class="tei tei-notelabel"><a id="note_17" name="note_17" href="#noteref_17">17.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“A Republic may be defined as a state in which the sovereign power +rests in the people as a whole but is exercised by representatives chosen +by a popular vote.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. III, +p. 188. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A Republic, in the modern sense of the term, is a government which +derives all its powers directly, or indirectly, from the great body of the +people, i. e. the majority—and is administered by persons holding their +offices for a limited period.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. +III, p. 188. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Republican government is a government of the people; a government +by representatives chosen by the people.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution of the United States in Art. IV, Sec. 4 guarantees +to every State a republican form of government, but it does not define +what is republican government. It is generally assumed that if for any +reason the representative government of a State should be destroyed or +temporarily set aside, it would be the duty of the Federal government, +acting through the President as chief executive, to use whatever force +was necessary (including the army and navy) to overcome such agency +and to restore to the people of that State its former representative government. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“It is left to Congress to decide what constitutes a republican form +of government, and Congress also has the right to say which government +in a state is the legal government. This necessarily follows because before +Congress can decide whether the government is Republican it must +decide which government is in force.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Luther vs. Borden, 7 Howard 1.</span></span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“It is Congress and not the President who decides what is Republican +government in a state.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Martin vs. Mott, 12 Wheaton 19.</span></span></p></dd><dt class="tei tei-notelabel"><a id="note_18" name="note_18" href="#noteref_18">18.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“It may well be contended that a republican form of government +necessarily involves the exercise of powers of government by representative +officers and bodies, and the distribution of powers of government +among distinct and independent departments.”</span>—McClain's <span class="tei tei-hi"><span style="font-style: italic">Constitutional +Law</span></span>, p. 10.</dd><dt class="tei tei-notelabel"><a id="note_19" name="note_19" href="#noteref_19">19.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><em class="tei tei-emph"><span style="font-style: italic">Initiative</span></em> means the right of the people to initiate or commence +the process of lawmaking. It is done by circulating a petition asking +that a certain provision be enacted into law. If the petition receives the +signatures of a certain percentage of qualified voters, the legislature is +required to enact the provision into law, or submit it to the voters to +determine whether it shall become law. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">Referendum</span></em> means that the qualified voters through the process of balloting +may determine whether a measure proposed either through the +action of the legislature, or through the initiative, shall become law. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">Recall</span></em> is the method by which the qualified voters may remove an +undesirable officer from office before the expiration of his term. It is +done through a petition requiring a certain percentage of signers from +among the qualified voters. If the petition is sufficient an election is +called at which time the officer may appear for continuation in office +and others may appear as candidates for that office. The one receiving +the largest vote is duly chosen.</p></dd><dt class="tei tei-notelabel"><a id="note_20" name="note_20" href="#noteref_20">20.</a></dt><dd class="tei tei-notetext">Children +who attend the public school are subject to the law as +well as are grown people who work in factories or on farms. The teacher +must have rules and regulations governing the conduct of pupils in school. +These are laws which the children must obey. If a pupil insists on disturbing +other pupils or talking out loud—such may be a violation of the +rules governing a good school and the pupil may be punished for such +violation.</dd><dt class="tei tei-notelabel"><a id="note_21" name="note_21" href="#noteref_21">21.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Law +has been defined as: <span class="tei tei-q">“The aggregate of those laws and +principles of conduct which the governing power in a community recognizes +as the rules and principles which it will enforce or sanction, and +according to which it will regulate, limit, or protect the conduct of its +members.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. II, p. 144. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Law consists of the rules and methods by which society compels or +restrains the actions of its members.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the legal sense—A law is a rule which the courts will enforce. The +courts will not enforce all rules, and therefore there are many rules +which are not law in the legal sense. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Law <em class="tei tei-emph"><span style="font-style: italic">might</span></em> be defined as the aggregate of those rules and principles +promulgated by legislative authority or established by local custom, and +our laws are the resultant derived from a combination of the divine or +moral laws, the laws of nature and human experience, as such resultant +has been evolved by human intellect, influenced by the virtue of the ages.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Words +and Phrases</span></span>, p. 33. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Law has her seat in the bosom of God; her voice in the harmony of +the world.”</span>—Hooker. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Laws are the very bulwark of liberty. They define every man's rights, +and stand between and defend individual liberties of all.”</span>—J. G. Holland. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Laws exist in vain for those who do not have the courage and the +means to defend them.”</span>—Thomas B. Macauley. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Laws, written, if not on stone tablets, yet on the azure of infinitude, +in the inner heart of God's creation, certain as life, certain as death, are +they, and thou shalt not disobey them.”</span>—Thomas Carlyle. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A rule of civil conduct prescribed by the supreme power in a state.”</span>—Bouvier's +<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>.</p></dd><dt class="tei tei-notelabel"><a id="note_22" name="note_22" href="#noteref_22">22.</a></dt><dd class="tei tei-notetext">Laws and +rules are statements of what has been agreed upon as +proper conduct among persons who associate together. A person living +on a lonely island in the ocean with no other person near would not need +law. But as soon as two persons share the island and its fruits and +animals and plants, then certain rules need be set up for the protection +of each against the other. Where people are most closely associated, we +need the greatest number of rules or laws. People living in large cities +must more often need law than do those living in rural districts.</dd><dt class="tei tei-notelabel"><a id="note_23" name="note_23" href="#noteref_23">23.</a></dt><dd class="tei tei-notetext">A person +may drive an automobile at twenty miles per hour on a +country road with perfect safety, but twenty miles per hour in a crowded +city would be positively dangerous to people crossing the streets. Therefore +the speed limit of five or perhaps ten miles per hour in cities.</dd><dt class="tei tei-notelabel"><a id="note_24" name="note_24" href="#noteref_24">24.</a></dt><dd class="tei tei-notetext">People +have as much right to walk on the sidewalks of the town +or city as do other people to drive teams and wagons or automobiles on +the streets. Each must obey the traffic laws. At crossings their rights +of passage conflict, therefore each must be on the look-out when crossing +the street. The law provides street crossings, therefore footmen must +not <span class="tei tei-q">“cut the crossings”</span> but go the directed way.</dd><dt class="tei tei-notelabel"><a id="note_25" name="note_25" href="#noteref_25">25.</a></dt><dd class="tei tei-notetext">When election +time comes each year, or every two years, those +who are qualified to vote ought by all means give careful consideration +to the candidates for office and to the issues that constitute the campaign. +It requires good men to make good laws. Good men are only +chosen to office when good people interest themselves in the candidates +and attend the elections and cast intelligent votes. Good laws are properly +enforced only when good men are chosen to office.</dd><dt class="tei tei-notelabel"><a id="note_26" name="note_26" href="#noteref_26">26.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“A child, an +apprentice, a pupil, a mariner, and a soldier owe +respectively obedience to the lawful commands of the parent, the master, +the teacher, the captain of the ship, and the military officer having command: +and in case of disobedience submission may be enforced by correction.”</span>—Bouvier's +<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. II, p. 531. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“To obey is better than sacrifice.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Children, obey your parents in all things; for this is well pleasing +unto the Lord.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Servants, obey in all things your masters according to the flesh; not +with eye service, as men pleasers; but in singleness of heart, fearing God.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Masters, give unto your servants that which is just and equal; knowing +that ye also must be obedient.”</span>—Quotations from <span class="tei tei-hi"><span style="font-style: italic">The Bible</span></span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The capacity of the people for self government, and their willingness, +... to submit to all needful restraints, and exactions of municipal +law, have been favorably exemplified in the history of the American +States.”</span>—Martin Van Buren. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Let us have faith that right makes might and in that faith let us +to the end dare do our duty as we understand it.”</span>—Abraham Lincoln. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Surely I do not misinterpret the spirit of the occasion when I assume +that the whole body of the people convenant with me today to support +and defend the Constitution and ... to yield a willing obedience to +all the laws, and each to every other citizen his equal civil and political +liberty.”</span>—Benj. Harrison. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Patriotism calls for the faithful performance of all the duties of +citizenship in small matters as well as great, at home as well as on tented +fields.”</span>—William J. Bryan.</p></dd><dt class="tei tei-notelabel"><a id="note_27" name="note_27" href="#noteref_27">27.</a></dt><dd class="tei tei-notetext">We must +see ourselves as we are, moving in our daily life, guarded +and safeguarded in every act by law. Every act in life is lawful or unlawful; +that is, we are protected by the law in our every act, or we are +condemned or punished. Here are two children on their way to school, +one walking upon the sidewalk, exercising a lawful right; one riding +his bicycle upon the sidewalk, performing an unlawful act. The one is +an example of a careful law-abiding citizen, the other an example of a +law-violator.</dd><dt class="tei tei-notelabel"><a id="note_28" name="note_28" href="#noteref_28">28.</a></dt><dd class="tei tei-notetext">Constitution +of the United States, Art. I, Sec. 8, Cl. 5.</dd><dt class="tei tei-notelabel"><a id="note_29" name="note_29" href="#noteref_29">29.</a></dt><dd class="tei tei-notetext">Created by an Act of Congress of March 3rd, 1901. It is a +bureau of the Department of Commerce, and is charged with comparing +the standards used in scientific investigations, commerce, and educational +institutions with standards adopted and recognized by the government.</dd><dt class="tei tei-notelabel"><a id="note_30" name="note_30" href="#noteref_30">30.</a></dt><dd class="tei tei-notetext">The +Thirty-fifth General Assembly of the State of Iowa provided +for a State Inspector of Weights and Measures whose duty is to +travel over the State and investigate conditions among those who buy +and sell, and to make arrests and prosecute those found defrauding others +by giving short weights or measures, or who sell or offer for sale spoiled +foods, or keep their shops or stores in an unsanitary condition.</dd><dt class="tei tei-notelabel"><a id="note_31" name="note_31" href="#noteref_31">31.</a></dt><dd class="tei tei-notetext">Constitution of the United States, Art. I, Sec. 8, Cl. 5.</dd><dt class="tei tei-notelabel"><a id="note_32" name="note_32" href="#noteref_32">32.</a></dt><dd class="tei tei-notetext"><span class="tei tei-hi"><span style="font-style: italic">Revised Statutes of the United States</span></span>, Sec. 5413 and +following.</dd><dt class="tei tei-notelabel"><a id="note_33" name="note_33" href="#noteref_33">33.</a></dt><dd class="tei tei-notetext">Very +few letters are ever lost in the mails. The writer one time +addressed a letter to a friend living in Sydney, Australia. It was mailed +at Iowa City, Iowa, and was sent east. That letter went by way of +New York, England, France, Italy, the Suez Canal, and the Indian +Ocean to Sydney, Australia. The person to whom it was sent had, in the +meantime, left Sydney and the letter failed of delivery. About three +months after being first mailed it was returned to the writer whose return +address was on the outside of the envelope. In being returned it came by +way of the Pacific Ocean to San Francisco and across the United States +from the west. The letter had encircled the globe and was returned +safely to the original sender. Pretty good work for the International +Mail System.</dd><dt class="tei tei-notelabel"><a id="note_34" name="note_34" href="#noteref_34">34.</a></dt><dd class="tei tei-notetext">Constitution of the United States, Art. I, Sec. 8, Cl. 7.</dd><dt class="tei tei-notelabel"><a id="note_35" name="note_35" href="#noteref_35">35.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">There are +four general theories as to the origin of the Constitution +of the United States: (1) That it was an entirely new document. This +theory was inspired by the statement of Gladstone. People who heard +Mr. Gladstone or read of his comment on the Constitution misinterpreted +his saying and came to believe he meant that that great Constitution was +the work of the moment as conceived by the men in the convention at +Philadelphia. No one knew better than Mr. Gladstone himself that such +was not true. (2) That it was copied almost entirely after the English +constitution of that time. This was the theory of Sir Henry Maine, and +it was just as erroneous as was the common acceptance of Gladstone's +statement. There are many things in the Constitution of the United +States that were not in the English constitution of that time. (3) That +it was based entirely upon the experience of the colonists themselves. +This theory is also incorrect as the facts show that many fundamentals of +the Constitution were copied directly from the governments of European +countries. (4) That it was due to all the above influences taken together, +but that they were worked out by the colonists and the Constitution +makers in their many years of experience in making Constitutions +for the States after their independence from England, and during +the time of the Confederation. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A careful study of the debates in the convention at Philadelphia will +reveal the fact that the different governments, institutions, rulers, and +statesmen of Europe were referred to in the making of the Constitution. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +During the discussions in the convention one hundred and thirty allusions +were made to the government and institutions of England. The allusions +made to France numbered nineteen. Those made to the German +States were seventeen. Those made to Holland were nineteen. Greece +was referred to thirteen times; Switzerland was alluded to five times; +and Rome was alluded to sixteen times. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The English government and institutions were held up as a model to +be imitated fifty times; as an example to be avoided, twenty-four times. +France was held up as a model three times, and as a warning five times. +Rome was cited five times as a model and seven times as a warning. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +From the standpoint of training, experience, and general qualifications +for constitution makers, the delegates who sat in the Federal convention +at Philadelphia were the most remarkable group of statesmen the world +has ever seen. Sixty-five delegates were chosen, of whom fifty-five attended +the convention and of these thirty-nine signed the Constitution, +three were present but refused to sign, and thirteen were absent on the +last day. Of the fifty-five who sat in the convention, twenty-five were +from northern States and thirty from southern States. Of the thirty-nine +signers, nineteen were from the North and twenty from the South. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of the fifty-five men thirty were college men, twenty-six had degrees, +forty-seven were afterwards prominent in public life; of the remaining +eight, at least four died soon after the close of the convention. The +most noted men were: Washington, Franklin, Hamilton, Madison, Wilson, +Patterson, Gerry, Sherman, Pinckney, and Randolph. Six men +who signed the Constitution had also signed the Declaration of Independence—Benjamin +Franklin, James Wilson, Robert Morris, and George +Clymer of Pennsylvania, Roger Sherman of Connecticut, and George +Read of Delaware.—Meyerholz's <span class="tei tei-hi"><span style="font-style: italic">The Federal +Convention</span></span>.</p></dd><dt class="tei tei-notelabel"><a id="note_36" name="note_36" href="#noteref_36">36.</a></dt><dd class="tei tei-notetext">Montesquieu, +a famous French writer of the eighteenth century, +tells us that political liberty consists in the security one feels in doing +whatever the law permits. However we must remember that the laws +themselves must likewise be sound.</dd><dt class="tei tei-notelabel"><a id="note_37" name="note_37" href="#noteref_37">37.</a></dt><dd class="tei tei-notetext">We +must notice that Article I of <span class="tei tei-q">“The Short Constitution”</span> commences, +<span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">Congress shall make no law</span></span>”</span> etc., which means that these first +eight amendments to the Constitution of the United States apply only +to the Federal government, and are limitations on the powers of Congress +rather than on the powers of the States. However most States have +similar provisions in their Constitutions.</dd><dt class="tei tei-notelabel"><a id="note_38" name="note_38" href="#noteref_38">38.</a></dt><dd class="tei tei-notetext">Article +X is important because it tells in a few words the exact +relation of the States to the Federal government.</dd><dt class="tei tei-notelabel"><a id="note_39" name="note_39" href="#noteref_39">39.</a></dt><dd class="tei tei-notetext">Article V of the main body of the Constitution provides that when +nine States should ratify the Constitution, it should be established as the +frame of government. The first State to ratify was Delaware, December +7, 1787; the ninth State was New Hampshire, June 21, 1788; and the +last State was Rhode Island, May 29, 1790.</dd><dt class="tei tei-notelabel"><a id="note_40" name="note_40" href="#noteref_40">40.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">George +Washington expressed the vast importance of this thought +when he said: <span class="tei tei-q">“<span class="tei tei-hi"><span style="font-style: italic">The basis of our political system is the right of the +people to make or alter their constitution of government.</span></span>”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Constitution is itself in every rational sense and to every useful +purpose a bill of rights.”</span>—Alexander Hamilton. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Much of the strength and efficiency of any government in procuring +and securing happiness to the people depends on opinion, on the general +opinion of the goodness of the government, as well as of the wisdom and +integrity of its governors. I hope, therefore, for our own sakes, as a +part of the people and for the sake of our posterity, that we shall act +heartily and unanimously in recommending this Constitution wherever +our influence may extend, and turn our future thoughts and endeavors to +the means of having it well administered.”</span>—Benjamin Franklin. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“In the fullness of time a Republic rose up in the wilderness of +America. Thousands of years had passed away before this child of the +ages could be born. From whatever there was of good in the systems of +former centuries, she drew her nourishment; the wrecks of the past were +her warnings. The wisdom which had passed from India through +Greece, with what Greece had added of her own, the jurisprudence of +Rome, the mediaeval municipalities, the Teutonic method of representation, +the political experience of England, the benignant wisdom of the +expositors of the law of nature and of nations in France and Holland, +all shed on her their selectest influence. Out of all the discoveries of +statesmen and sages, out of all the experience of past human life, she +compiled a perennial political philosophy, the primordial principles of +national ethics—she sought the vital elements of social forms and blended +them harmoniously in the free commonwealth which comes nearest to +the illustration of the natural equality of all men. She entrusted the +guardianship of established rights to law; the movement of reform to +the spirit of the people and drew her force from the happy reconciliation +of both.”</span>—George Bancroft. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“In spite of its supposed precision, and its subjection to judicial construction, +our constitution has always been indirectly made to serve +the turn of that sort of legislation which its friends call progressive, and +its enemies call revolutionary, quite as effectively as though Congress +had the omnipotence of parliament. The theory of the latent powers to +carry out those granted has been found elastic enough to satisfy almost +any party demands in time of peace, to say nothing of its enormous extensions +in time of war.”</span>—<span class="tei tei-hi"><span style="font-style: italic">The Nation</span></span>, November 7, 1872, No. 384, p. 300. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Our fathers by an almost divine prescience, struck the golden mean.”</span>—Pomeroy's +<span class="tei tei-hi"><span style="font-style: italic">An Introduction to the Constitutional History of the +United States</span></span>, p. 102. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“It (the United States Constitution) ranks above every other written +Constitution for the intrinsic excellence of its scheme, its adaptation to +the circumstances of the people, the simplicity, brevity and precision of +its language, its judicious mixture of definition in principle with elasticity +in details. One is induced to ask, to what causes, over and above the +capacity of its authors and the patient toil they bestowed upon it, these +merits are due, or in other words, what were the materials at the command +of the Philadelphia Convention for the achievement of so great +an enterprise as the creation of a nation by means of an instrument of +government. The American Constitution is no exception to the rule that +everything which has power to win the obedience and respect of men +must have its roots deep in the past, and that the more slowly every +institution has grown, so much the more enduring it is likely to prove. +There is little in this Constitution that is absolutely new. There is much +that is as old as Magna Charta.”</span>—James Bryce, author of <span class="tei tei-hi"><span style="font-style: italic">The American +Commonwealth</span></span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Let reverence for the law be breathed by every mother to the lisping +babe that prattles on her lap; let it be taught in schools, seminaries, and +colleges; let it be written in primers, spelling books and almanacs; let +it be preached from pulpits, and proclaimed in legislative halls, and enforced +in courts of justice; let it become the political religion of the +nation.”</span>—Abraham Lincoln. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Constitution, which may at first be confounded with the Federal +Constitutions which have preceded it, rests in truth upon a wholly novel +theory—a great discovery in modern political science. In all the Confederations +which have preceded the American Constitution of 1787, the +Allied States ... agreed to obey the injunctions of a federal government; +but they reserved to themselves the right of ordaining and enforcing +the laws of the Union....”</span> (The American government, he +explains, claims directly the allegiance of every citizen, and acts upon +each directly through its own courts and officers.) <span class="tei tei-q">“This difference has +produced the most momentous consequences.”</span>—Tocqueville's +<span class="tei tei-hi"><span style="font-style: italic">Democracy +in America</span></span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“It will be the wonder and admiration of all future generations and +the model of all future constitutions.”</span>—William Pitt, after reading the +Constitution of the United States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Constitution of the United States is by far the most important +production of its kind in human history. It created, without historic +precedent, a federal-national government It combined national strength +with individual liberty in a degree so remarkable as to attract the world's +admiration. Never before in the history of man had a government +struck so fine a balance between liberty and union, between state rights +national sovereignty. The world had labored for ages to solve this +greatest of all governmental problems, but it had labored in vain. Greece +in her mad clamor for liberty had forgotten the need of the strength +that union brings, and she perished. Rome fostered union, nationality, +for its strength, until it became a tyrant and strangled the child liberty. +It was left for our own Revolutionary fathers to strike the balance between +these opposing forces to join them in a perpetual wedlock in such +a way as to secure the benefits of both. They selected the best things +that had been tried and proved. Hence their great success, hence the +fact that 132 years after its signing, this same Constitution is still the +supreme law of the land and more deeply imbedded in the American heart +than ever.”</span>—Henry William Elson. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Constitution is not an arbitrary, unchangeable document, but +can be adapted to meet new conditions whenever the people decide. It +should be upheld because under its wise provisions the United States +has developed into a great nation of happy and prosperous people; because +it contains sacred guarantees of protection for the individual; and +because it affords freedom and opportunity for every citizen, whether +native-born or naturalized. American citizenship securely rests upon its +firm foundation.”</span>—Henry Litchfield West. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Federal Constitution, the whole of it, is nothing but a code of the +people's liberties, political and civil. The Constitution is not a mass of +rules, but the very substance of our freedom, not obsolete; but in every +part alive; more needful now than ever, and as fitted to our needs.”</span>—Stimson's +<span class="tei tei-hi"><span style="font-style: italic">The American Constitution</span></span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“No other country in the world possesses the guarantees of individual +liberty and inherent rights that are accorded by the Constitution of the +United States.”</span>—David Jayne Hill's <span class="tei tei-hi"><span style="font-style: italic">The People's Government</span></span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“We need not view with apprehension or even regret the gradual +adaptation of the Constitution to the ever-changing needs from generation +to generation of the most progressive nation in the world. The Constitution +is not a static institution. It is neither, on the one hand, a sandy +beach, which is quickly destroyed by the erosion of the waves, nor, on +the other hand, is it a Gibralter rock which wholly resists the ceaseless +washing of time and circumstances. Its strength lies in its adaptability +to slow and progressive change. While the necessity of change may be +recognised in the non-essentials, yet the Constitution was based upon +certain fundamental principles which were not thus changeable. These +times should not wither nor custom stale. While the great compact apparently +dealt only with very concrete and practical details of government +in the very simplest language, and carefully avoided anything that +savored of visionary doctrinarism, yet, behind these simply but wonderfully +phrased delegations of power, was a broad and accurate political +philosophy, which constitutes the true doctrine of American Government. +Its principles are of eternal verity. They are founded upon the inalienable +rights of man. They are not the thing of the day or temporary +circumstance. If they are destroyed, then the spirit of our government +is gone, even if the form survive.”</span>—James M. Beck. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The Constitution remains the surest and safest foundation for a free +government that the wit of man has yet devised.”</span>—Nicholas Murray +Butler. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“I believe there is no finer form of government than the one under +which we live, and that I ought to be willing to live or die, as God decrees, +that it may not perish from the earth through treachery within or +through assault without.”</span>—Thomas R. Marshall. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Although not a citizen of your great country, I am heart and soul +with you and your associates in the glorious fight you are making for +the preservation of your peerless Constitution, which has made your +country what it is, and which is today the brightest hope of mankind.”</span>—Baron +Rosen, formerly Russian Ambassador to the United States of +America. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Under the American Constitution was realized the sublime conception +of a nation in which every citizen lives under two complete and well-rounded +systems of laws,—the state law and the federal law—each with +its legislature, its executive, and its judiciary moving one within the +other, noiselessly, and without friction. It was one of the longest reaches +of constructive statesmanship ever known in the world. There never +was anything quite like it before, and in Europe it needs much explanation +even for educated statesmen who have never seen its workings. +Yet to America it has become so much a matter of course that they, too, +sometimes need to be told how much it signifies. <em class="tei tei-emph"><span style="font-style: italic">In 1787 it was the +substitution of law for violence between states that were partly sovereign. +In some future still grander convention we trust the same thing +will be done between states that have been wholly sovereign, whereby +peace may gain and violence be diminished over other lands than this +which has set the example.</span></em>”</span>—John Fiske, in 1888. +</p></dd><dt class="tei tei-notelabel"><a id="note_41" name="note_41" href="#noteref_41">41.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The +English government forced laws upon the colonies to restrict +trade and manufactures, to place a standing army in America, and to raise +taxes. The tax laws were denounced as illegal by the colonists, who +argued that they were not represented in Parliament. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Read the charges made against the king and the government of England +in the Declaration of Independence.</p></dd><dt class="tei tei-notelabel"><a id="note_42" name="note_42" href="#noteref_42">42.</a></dt><dd class="tei tei-notetext">Read +the famous speech made by James Otis against the Stamp +Act in the Stamp Act Congress in New York, October, 1765. See +<span class="tei tei-hi"><span style="font-style: italic">American History Leaflets</span></span>.</dd><dt class="tei tei-notelabel"><a id="note_43" name="note_43" href="#noteref_43">43.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The +following were the fundamental defects of the Articles of +Confederation. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +a. They did not provide for a central executive, and there was no +supreme executive to enforce the laws. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +b. No provision was made for a central judiciary, and each State +interpreted the Federal laws as it saw fit. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +c. They permitted concurrent legislation on vital subjects: i. e. each +State could legislate as it pleased on such subjects as tariff, +foreign treaties, currency, etc. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +d. They permitted each State to regulate its own coinage and there +were at one time at least fourteen different kinds of coins in the +thirteen States. This greatly interfered with trade. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +e. They gave Congress no power to enforce the observance of treaties. +Congress could pass laws but could not enforce them. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +f. They gave Congress no power to coerce a State—it could only +recommend to the States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +g. They required a two-thirds vote on all questions in Congress, +and votes were cast by States. Most bills may pass the present +Congress by a majority vote. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +h. Congress could not reach the individual to punish him for crime +committed against the Federal government, except through the +State in which the crime was committed. Often the States refused +to act. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +i. The Articles could not be amended without the consent of all +of the States. Several times one State defeated the amendment +of the Articles. +</p></dd><dt class="tei tei-notelabel"><a id="note_44" name="note_44" href="#noteref_44">44.</a></dt><dd class="tei tei-notetext">The small +States having only small areas and therefore less room +for settlers, were afraid of any form of union government which gave +the States proportional representation in Congress. These small States +declared they would not ratify the Articles of Confederation until those +States having large areas of western lands would agree to cede those +lands to the Federal government. The seven States holding western +lands agreed to cede their lands in January, 1781, and on March 1st, +Maryland as the last State ratified the Articles of Confederation.</dd><dt class="tei tei-notelabel"><a id="note_45" name="note_45" href="#noteref_45">45.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The +various States chose a total of sixty-five delegates to attend +the Federal convention at Philadelphia. Of these, fifty-five actually sat +in the convention. Of the entire number, forty-two were present on +the last day and thirty-nine signed the Constitution. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Of the fifty-five who sat in the convention, twenty-five were from +north of the Mason and Dixon Line, or from the northern States, and +thirty were from the southern States. Of the thirty-nine signers, nineteen +were from the North and twenty from the South. The three who +refused to sign were Elbridge Gerry of Massachusetts and Edmund Randolph +and George Mason of Virginia. These three men thought the +Constitution gave too much power to the central government and did not +leave enough to the States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Eight of the men who signed the Constitution were of foreign birth. +They were Alexander Hamilton, William Patterson, James Wilson, +Robert Morris, James McHenry, Thomas Fitzsimons, William R. Davie, +and Pierce Butler. You will notice that Hamilton, Wilson, Patterson, +and Morris were among the most influential men in the convention. +Many of America's greatest men have been of foreign birth. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The oldest man in the convention was Benjamin Franklin who was +eighty-one years of age. The youngest man was Jonathan Dayton of +New Jersey who was only twenty-seven. Charles Pinckney was twenty-nine +years old, and Alexander Hamilton was thirty. The average age +of the entire membership in the convention was 43-2/5 years. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The membership in the convention included a remarkable group of +men—in fact the most remarkable group of statesmen that ever assembled +for the making of a constitution. They had gained their experience +in five different ways: colonial legislatures, State legislatures, +State conventions, Continental Congresses, and in the Congress of the +Confederation. Six of them had the honor of having signed the Declaration +of Independence—Benjamin Franklin, James Wilson, Robert Morris, +Roger Sherman, George Read, and George Clymer. Thirty delegates +were college men and twenty-six had degrees.</p></dd><dt class="tei tei-notelabel"><a id="note_46" name="note_46" href="#noteref_46">46.</a></dt><dd class="tei tei-notetext">A careful +study of the debates in the Federal convention will +reveal the following allusions to the government and institutions of other +countries. A total of two hundred and twenty-three allusions were made +to the governments of Europe, the most important of which were the +following: one hundred and thirty allusions were made to England, of +which fifty were commendatory, and twenty-four were warnings; nineteen +allusions were made to France, of which five were commendatory +and three were warnings; Germany, or rather the German States, had +seventeen allusions; Holland had twenty allusions; Greece had twenty-five; +Rome had twenty-six. The two hundred and twenty-three allusions +were made in such way as to indicate that the delegates were widely +read in both government and history.</dd><dt class="tei tei-notelabel"><a id="note_47" name="note_47" href="#noteref_47">47.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The +Constitution in Article VII says, <span class="tei tei-q">“The Ratification of the +Conventions of nine States shall be sufficient for the Establishment of +this Constitution between the States so ratifying the Same.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The first State to ratify was Delaware on December 7, 1787. New +Hampshire, the ninth State, ratified on June 21, 1788, and Rhode Island, +the last, on May 29, 1790.</p></dd><dt class="tei tei-notelabel"><a id="note_48" name="note_48" href="#noteref_48">48.</a></dt><dd class="tei tei-notetext">Every +right begets a duty. The more rights our government gives +us, the more duties are imposed upon each one of us. In an absolute +monarchy the people have very few rights and they also have very few +duties to perform. In democracies like the United States the people +have a right to participate in government, they also have the duty of +becoming intelligent and becoming acquainted with the various details of +the administration of government. When people have a right to participate +in government, they have the duty of attending every election and +casting an intelligent ballot. Where people have a right to make law, +they must accept the duty of helping enforce law. Where people have +freedom of religious belief and worship, they must refrain from interfering +in the belief of other people. Where they have freedom of speech +and press, they must protect other people in that same right. Where +people have the right of trial in a legally constituted court of law, they +must refrain from mob rule or from lynch law. The greater the privileges +given a people by law, the greater are their duties to see that law is +always respected and carefully enforced.</dd><dt class="tei tei-notelabel"><a id="note_49" name="note_49" href="#noteref_49">49.</a></dt><dd class="tei tei-notetext">The +government of the United States is a dual government. There +is a State government within each State, which is supreme over the +affairs of that State alone. Then there is a Federal government which +is supreme and sovereign throughout the entire United States in all +those affairs which the Federal Constitution gives to the control of the +Federal government. The <em class="tei tei-emph"><span style="font-style: italic">police power</span></em> of a State is commonly defined +as the power of a State to control all of its domestic internal affairs. +The Federal government is not permitted to interfere with the police +powers of the States.</dd><dt class="tei tei-notelabel"><a id="note_50" name="note_50" href="#noteref_50">50.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“No +state allows its government to dictate to any one what church +he shall attend or compels him to contribute to the support of any +church, the establishment of state churches being everywhere forbidden. +No person is disqualified from holding office or exercising legal rights +because of his religious views, although a very few states make belief +in the Deity a requisite for holding certain state offices.”</span>—Hart's <span class="tei tei-hi"><span style="font-style: italic">Actual +American Government</span></span>, Sec. 13.</dd><dt class="tei tei-notelabel"><a id="note_51" name="note_51" href="#noteref_51">51.</a></dt><dd class="tei tei-notetext">Constitution of the United States, Amendment I.</dd><dt class="tei tei-notelabel"><a id="note_52" name="note_52" href="#noteref_52">52.</a></dt><dd class="tei tei-notetext">Church +and state are wholly separated in the United States. When +a man takes office, no one asks him to what church he belongs, or what +his faith is. If a man wants to believe in the religions of India or +China, no officer of the National government has a right to interfere +with him, providing he does not violate a law of the land. Religious +tolerance is a growth. The Puritans who founded New England, although +they fled to America because of religious persecutions, did not +practice religious tolerance in the New World.</dd><dt class="tei tei-notelabel"><a id="note_53" name="note_53" href="#noteref_53">53.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“The witchcraft +craze at Salem, Massachusetts, in 1692, is commonly +thought to have been the legitimate outgrowth of the gloomy religion +of the Puritans. Nineteen persons were hanged or burned at the +stake for having bewitched children. One was crushed to death under +heavy weights because he would not confess that he was possessed of the +devil. From the time of King John down to 1712, innocent lives +were constantly sacrificed in England on this charge.”</span>—Thwaites's <span class="tei tei-hi"><span style="font-style: italic">The +Colonies</span></span>, p. 190.</dd><dt class="tei tei-notelabel"><a id="note_54" name="note_54" href="#noteref_54">54.</a></dt><dd class="tei tei-notetext">Constitution +of the United States, Amendment I.</dd><dt class="tei tei-notelabel"><a id="note_55" name="note_55" href="#noteref_55">55.</a></dt><dd class="tei tei-notetext">The +first ten amendments to the Constitution of the United States +are limitations on the powers of Congress, and these amendments do +not is any way limit the powers of the several States. It is a fact, however, +that practically all the States have incorporated these same amendments +in their Constitutions thereby placing the same limitations upon +their legislatures. A State may change its Constitution and thereby curtail +freedom of speech and press as it may think necessary to protect its +people, and some of the States have enacted laws forbidding anarchists +to hold public meetings or to publish yellow journals in which they berate +the government or instigate rebellion or sedition among the people. But +the Federal government cannot pass any law abridging the freedom of +speech or press except such as may be enacted under the war powers of +the government when in actual war, such as was enacted in the Espionage +Act of 1917.</dd><dt class="tei tei-notelabel"><a id="note_56" name="note_56" href="#noteref_56">56.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Libel +is defined as any statement printed, or written, or any picture +or caricature that causes another person to be brought into hatred, +contempt, or ridicule or to be shunned by his associates. Slander is any +oral statement that causes another person to be brought into hatred, +contempt, or ridicule, or to be shunned by his associates. In order to +constitute either slander or libel the statement or utterance must be +communicated to a third party. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The right of citizens to petition the government to remove abuse was +won in Europe only after many hard conflicts. It is not conceded in some +European governments today, and men in those countries who lead in +reforms and advocate democratic measures are often thrown into prison, +banished, or exiled. This amendment to the Constitution was inserted to +guard against the tyranny of officers, who might abuse the authority +conferred upon them by the people.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_57" name="note_57" href="#noteref_57">57.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, 1st Amendment. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The right of assembly is coupled with the guaranty of the right to +petition the government for a redress of grievances; but it is not to be +understood as limited to that object. Without doubt assemblages for +social, political or religious purposes are protected by such against +legislative prohibition unless attended with circumstances rendering the +exercise of the right inimical to public peace, security or welfare.”</span>—Emlin +McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. +I, p. 85. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The right to assemble may be restricted so far as necessary to prevent +its being exercised to promote unlawful purposes or in such manner +as to result in public inconvenience.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, +Vol. I, p. 85. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The provision to the amendment to the Federal Constitution is a +limitation only on the powers of the Federal Government and does not +apply to the several states. The states have largely copied the same +provision into their constitutions.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The right of petition is important as recognizing a lawful occasion +for the assembly of the people and in connection with the guaranty of +freedom of speech and the press. The subject matter of a petition +cannot be made the basis for a prosecution for public or private libel if +it is kept within the limits of the privilege accorded.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of +American Government</span></span>, Vol. II, p. 675. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Through the right of petition the people have a means of informing +their lawmakers of their wishes and of guiding public opinion.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The rules of the national House of Representatives provide that members +having petitions to present may deliver them to the clerk and the +petition, except such as, in the judgment of the speaker, are of an +obscene or insulting character, shall be entered upon the journal.”</span>—Emlin +McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. II, +p. 675.</p></dd><dt class="tei tei-notelabel"><a id="note_58" name="note_58" href="#noteref_58">58.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment II. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“This right to keep and bear arms, although stated in connection with +the militia, is held broad enough to cover the keeping and carrying of +such weapons as are suitable for self-defense, or defense of the home. +But the keeping of unusual weapons, or the carrying of unusual weapons +in an unusual manner, as by having them concealed on the person, may +be prohibited.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 165. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“This amendment, like the other eight amendments to the Federal +Constitution, does not apply to the States, and a State may legislate as it +pleases regarding the carrying and using of arms. Many states prevent +the carrying of arms of any kind except with legal permission given +through the proper officer for stated specific reasons.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The amendment means no more than that this right shall not be infringed +by Congress. Police protection of the people is left to the +States.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_59" name="note_59" href="#noteref_59">59.</a></dt><dd class="tei tei-notetext">One +of the grievances of the colonists stated in the Declaration +of Independence was the quartering of large bodies of armed troops in +the colonies, but the guaranty found in the Federal Constitution and in +many State Constitutions is that soldiers shall not in times of peace be +quartered upon private persons. This guaranty has respect to the recognition +of the right of every man not to be unwarrantably disturbed or +intruded upon in his home. <span class="tei tei-q">“Every man's house is his castle.”</span></dd><dt class="tei tei-notelabel"><a id="note_60" name="note_60" href="#noteref_60">60.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment IV. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“One of the most serious grievances of the colonists was, the assertion +and exercise of a prerogative of the crown to issue warrants for searching +private premises in order to obtain evidence of political offenses. This +had been the subject of controversy in England and was made the basis +of a protest in Massachusetts by James Otis against the Writs of Assistance +which were in effect, general warrants.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American +Government</span></span>, Vol. III, p. 654. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The privilege contended for was that the privacy of the dwelling +house should not be invaded by public officers without the consent of +the owner save for the purpose of making an arrest, and then only by +an officer of the law—who carried a warrant giving him such authority.”</span>—Emlin +McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, +Vol. III, p. 654. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The protection afforded by the constitutional provision is against attempts +made under the disguise of public process to pry into private +affairs on mere suspicion that a crime has been committed or contemplated. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The principle of this guaranty is being violated if the postal authorities +open sealed letters in the mail to discover whether improper use of the +mail is being made. It is also violated by compelling the production of +private papers of the defendant in a criminal prosecution. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A warrant is not always necessary to arrest an individual. For example, +a police officer does not need a warrant in order to arrest a person +who is violating a law in his presence, or a person whom he has good +reason to think has committed a felony.—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, +Vol. III, p. 655.</p></dd><dt class="tei tei-notelabel"><a id="note_61" name="note_61" href="#noteref_61">61.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment V. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A <em class="tei tei-emph"><span style="font-style: italic">capital crime</span></em> is such crime as the law declares punishable by +death penalty.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol I, p. 284. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“An <em class="tei tei-emph"><span style="font-style: italic">infamous crime</span></em> is such crime as the law declares punishable by +imprisonment in a state prison.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A grand jury, or an indictment, or a presentment jury, or an inquest +jury, is a jury (differing as to numbers in different States) for the +purpose of investigating alleged crimes. If, upon investigation, the jury +believes the accused person has either committed the act or has had a +part in the crime, it will draw up a formal accusation in writing. This +accusation is called an indictment and is presented to the court. In +a few States a person may be brought to trial for violation of a law +of the State upon information filed by the prosecuting attorney. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A <em class="tei tei-emph"><span style="font-style: italic">petit jury</span></em>, or <em class="tei tei-emph"><span style="font-style: italic">trial jury</span></em>, is a jury of twelve men selected by the +court—according to a law determining the manner—to hear the accusation +against the person charged along with the evidence submitted during +the trial in court. After hearing the evidence and receiving from +the judge instructions concerning the law governing the case, the jury +will determine whether the accused person is guilty or not. The Federal +government, and most of the States, require a unanimous verdict. If the +jury disagrees they report such to the court (the judge) and they are dismissed +and the case may be tried again with a different jury. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Constitutional guaranties of the right of trial for crime only on indictment +by a grand jury, imply a common law grand jury of whose +number at least twelve men concur in finding the indictment, but by provision +in state constitutions a smaller number of grand jurors than required +by common law and concurrence of a smaller number than twelve +in the finding of an indictment may be authorized.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A grand jury affords a safeguard against the unwarranted ignominy +of being put on public trial for an offense which there is no reasonable +ground to believe the accused has committed.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The grand jury is to investigate the cases of those who have been +arrested and held under preliminary information on oath by private accusers; +and it may also investigate cases of supposed crime of which it +has knowledge or to which its attention may be called by the public +prosecuting officer. Its proceedings are secret and its members are sworn +not to subsequently divulge them.”</span>—McClain's <span class="tei tei-hi"><span style="font-style: italic">Constitutional Law</span></span>.</p></dd><dt class="tei tei-notelabel"><a id="note_62" name="note_62" href="#noteref_62">62.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment V. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The rule of procedure generally recognized is that when an accused +person has been put on trial under a valid indictment in a court having +jurisdiction of the case, and a jury has been empaneled and sworn to try +the case and give a verdict, and a verdict of <em class="tei tei-emph"><span style="font-style: italic">not guilty</span></em> is given—the +accused cannot be again put on trial for the same crime, or any included +crime for which he might have been convicted in that prosecution.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia +of American Government</span></span>, Vol. II, p. 251. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A verdict of not guilty is conclusive and the defendant must be discharged. +If however he is convicted, he may in some instances appeal +the case to a higher court for review and that is not being again put in +jeopardy.”</span>—Emlin McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, +Vol II, p. 251. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Jeopardy is complete when the court proceeds with a jury to ascertain +the defendant's guilt.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“As the criminal jurisdiction of the Federal Court extends only to +offenses against the Federal laws, and no prosecution for such offenses +can be entertained in the state courts—it follows that there can be no +questions of former jeopardy as between a federal and a state court.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia +of American Government</span></span>, Vol II, p. 251.</p></dd><dt class="tei tei-notelabel"><a id="note_63" name="note_63" href="#noteref_63">63.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment V. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In our own early colonies persons were frequently tortured to compel +them to give evidence against themselves or against other people, but +at that time the colonies were still under British authority. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +An instance was recently reported of a man appearing before a sheriff +and confessing to the commission of five different murders in as many +different places in a western State. Upon investigation it was found +that murders had been committed in these places about the time he confessed +to having committed the crimes, so he was arrested and held by +the sheriff. Upon further investigation it was discovered that he was +mentally unbalanced and having read of all these crimes he imagined he +had committed them. He was released from arrest and was committed +to a hospital for the insane. In this instance an innocent man might +have been executed if his own testimony had been sufficient to convict +him. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If a person confesses to having committed a crime and the facts as +stated are found to be correct, he may then be convicted of the crime, +but the conviction is made on the basis of the evidence disclosed by his +confession and not on the confession itself. Having made a confession +the officers may then from the facts told by the accused find other facts +sufficient to convict without offering the confession in evidence. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A confession is not admissible in evidence where it is obtained by +temporal inducement, by threats, promise or hope of favor held out to +the party in respect of his escape from the charge against him, by a person +in authority.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 387. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“When an inducement destroys a confession it must be held out by +a person in authority.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_64" name="note_64" href="#noteref_64">64.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment V. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This is a part of the fifth amendment to the Federal Constitution, and +the fourteenth is an expansion of it, and assumes that the man charged +with the crime is innocent until proven guilty. The old standard set in +Europe was that a person charged with crime was considered guilty +until he was proven innocent. All citizens, whether native or foreign +born, have the protection of this amendment.—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, +Vol. I, p. 622. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Previous to 1679 in England an accused person could be detained in +prison for months or even for years and had no recourse to the courts, +but might be thus detained in prison upon a mere charge brought by +some one jealous of him and without real reason. In that year the +people demanded that Parliament should give relief against unjust or +false imprisonment, and Parliament enacted the Habeas Corpus Act. +The provisions of this notable act require that a person imprisoned may +demand a preliminary hearing and learn the cause of his being seized +and imprisoned. Either he or his friends or relatives could go before a +judge of a court and demand a <em class="tei tei-emph"><span style="font-style: italic">writ of habeas corpus</span></em>. Such writ was +issued by a judge and directed to the jailer or the person detaining the +accused and he was compelled to bring the accused person before the +court and show legal reason why that person should be detained. If no +such cause or reason could be given, the accused person must be set at +liberty. The guaranty of the right to a writ of habeas corpus under +our Constitution is considered hereafter. See page <a href="#Pg144" class="tei tei-ref">144</a>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<em class="tei tei-emph"><span style="font-style: italic">Due process of law</span></em> may be defined as <span class="tei tei-q">“according to the law of the +place in which the trial is held”</span>. It means in this instance that no +person may be deprived of life, liberty, or property without the right of +judicial trial. <em class="tei tei-emph"><span style="font-style: italic">Due process of law</span></em> does not necessarily mean <em class="tei tei-emph"><span style="font-style: italic">jury trial</span></em>. +If a jury trial is the legally recognized method of trying such case, then +jury trial is <em class="tei tei-emph"><span style="font-style: italic">due process</span></em>, but if trial without a jury is legally provided +for when permitted by the Constitution, in that instance, <em class="tei tei-emph"><span style="font-style: italic">due process</span></em> +does not require jury trial. For cases in which the right of trial by jury +is guaranteed see pages <a href="#Pg111" class="tei tei-ref">111</a>, <a href="#Pg125" class="tei tei-ref">125</a>, +and <a href="#Pg160" class="tei tei-ref">160</a>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“In a word, <span class="tei tei-q">‘due process of law’</span> to-day signifies <span class="tei tei-q">‘reasonable law’</span>, in +which sense it bestows upon the courts, and especially upon the Federal +Courts, as final interpreter of the national constitution, a practically undefined range of supervision over legislation both state and national.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia +of American Government</span></span>, Vol. I, p. 615. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Due process of law, is law in its regular course of administration +through courts of justice.”</span>—Story's <span class="tei tei-hi"><span style="font-style: italic">Commentaries</span></span>, Vol. III, pp. 264, +661;—18 <span class="tei tei-hi"><span style="font-style: italic">Howard</span></span> 272. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Any legal proceeding enforced by public authority, whether sanctioned +by age or custom, or newly devised in the discretion of the legislative +power, in furtherance of the general public good, which regards +and preserves these principles of liberty and justice.”</span>—110 <span class="tei tei-hi"><span style="font-style: italic">U. S.</span></span> 516. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Due process of law in each particular case means, such an exercise +of the powers of government as the settled maxims of the law permit +and sanction, and under such safeguards for the protection of the individual +rights as those maxims prescribe for the class of cases to which +the one in question belongs.”</span>—Cooley's <span class="tei tei-hi"><span style="font-style: italic">Constitutional Limitations</span></span>, p. 441. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“This provision does not imply that all trials in state courts affecting +the property of persons must be by jury.”</span> This depends to some extent +upon the constitution of the respective states, except as limited by the +United States Constitution.—92 <span class="tei tei-hi"><span style="font-style: italic">U. S.</span></span> 90.</p></dd><dt class="tei tei-notelabel"><a id="note_65" name="note_65" href="#noteref_65">65.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment V. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Eminent domain means the right and authority of the government to +take private property for public purposes upon the payment of a just +compensation. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The superior right existing in a sovereign government by which private +property may in certain cases be taken or its use controlled for the +public benefit, without regard to the wishes of the owner.”</span>—Bouvier's +<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 657. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Eminent domain is said with more precision to be the right of the +nation or the state, or of those to whom the power has been lawfully +delegated, to condemn private property to public use, upon paying to +the owner a due compensation, to be ascertained according to law.”</span>—Bouvier's +<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 651. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Just compensation is generally arrived at by those whose duty it is +to secure the land for the government, by offering a good fair price for +the land. If the owner of the land refuses to accept the offer, the land +may be seized by the proper authority and the matter settled according +to law. The law generally provides that a body of appraisers be appointed +who appraise the value of the land and this amount is offered +to the owner. If he refuses, the matter is carried to the court for determination. +A jury is summoned to assess the value of the land and from +this the owner may usually appeal, but the government cannot appeal; +it must pay the appraised valuation or allow the owner to keep his +property. It must be remembered that private property may only be +taken by the government for public purposes. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Some purposes for which the government may take private property +are: forts and arsenals, army posts, or public parks. It may take food +supplies for use of the army or navy in time of war. It may take over +the railroads for the benefit of the people of the Nation, etc. In all +cases it must give just compensation.</p></dd><dt class="tei tei-notelabel"><a id="note_66" name="note_66" href="#noteref_66">66.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment VI. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A speedy trial is, it appears, one that is brought on without unreasonable +delay for preparation; and a public trial is not necessarily one to +which every one may obtain admission but one sufficiently free and open +to allow the friends of the accessed and others to watch the proceedings.”</span>—Emlin +McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Criminal prosecution is the means adopted to bring a supposed offender +to justice and punishment by due course of law.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The speedy trial to which a person charged with crime is entitled +under the constitution is a trial at such a time, after the finding of the +indictment, as shall afford the prosecution a reasonable opportunity, by +the fair and honest exercise of reasonable diligence, to prepare for trial, +and if the trial is delayed or postponed beyond such period, when there +is a term of court at which the trial might be had, by reason of neglect +of the prosecution in preparing for trial, such delay is a denial to the +defendant of the right of a speedy trial, and in such case a person confined, +upon application by <span class="tei tei-hi"><span style="font-style: italic">habeas corpus</span></span>, is entitled to a discharge from +custody.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. II, p. 1023. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every jury is sworn to decide according to the evidence presented, +guided by instructions in the law given by the judge. Juries are therefore +held to be <em class="tei tei-emph"><span style="font-style: italic">impartial</span></em>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The entire United States is divided into judicial districts, of which +there are about ninety-two. These districts are found within the States +as judicial districts do not cut State boundaries. Where the population +is more sparse a Federal district comprises an entire State. Where the +population is more dense a State may contain two or more districts. +There are four United States District Court districts in the State of +New York, two in Iowa, and only one in Nevada, and some other western +States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Congress may by legislative act lay out Federal court districts. These +districts were first established in the Federal Judiciary Act of 1789. +As the population increases Congress may increase the number of districts.</p></dd><dt class="tei tei-notelabel"><a id="note_67" name="note_67" href="#noteref_67">67.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment VI. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +If one is not given a preliminary hearing shortly after his arrest, the +right to a writ of <span class="tei tei-hi"><span style="font-style: italic">habeas corpus</span></span> (defined in another chapter), gives the +accused an opportunity to know the exact nature of the charge against +him and why he is held or detained in prison. Then he is faced by his +accusers in court and bears the charge against him. In all criminal +cases the accused is privileged to be present throughout the entire trial, +in fact he is required to be present during the trial. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In early England, and in many other European countries in early +times, the accused person was not even permitted to know the reason +for his imprisonment, and furthermore was tried in court and found +guilty without hearing the evidence or knowing who testified in court. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The right of trial upon indictment of a grand jury, and the privilege +of confronting one's accusers in court, having witnesses in one's behalf, +and having an attorney to defend one accused, is not yet allowed in certain +parts of Russia and perhaps other countries in Europe and Asia. +These privileges have been the recognized right of all people in the +United States since our glorious Constitution was adopted and became +the fundamental law of our country in 1789. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Teachers of civics in our schools ought to ask permission of the judge +to take their classes to visit a session of the court. The judge is able +to inform the teacher as to when certain cases of most value to pupils +and other persons are to be tried. The trial of certain kinds of cases +brings out many fundamental facts of rights and duties of citizenship +that boys and girls, as well as many adult persons, ought to know. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The accused is of all men the most miserable, unless the law gives +him an equal chance to defend himself. Time was when the courts +could hear privately the witnesses against the prisoner, and then call +him into court to answer charges, which he never had heard of, made +upon the testimony of witnesses he never had seen, without any legal +means of compelling his own witnesses to come to court to testify for +him and without any lawyer to speak for him against the trained counsel +for the government. Many of these abuses had been weeded out before +the Constitution was adopted.”</span>—Bacon's <span class="tei tei-hi"><span style="font-style: italic">American Plan of Government</span></span>, +p. 272. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Almost all the reform needed to make criminal procedure humane +and just, has been incorporated into the constitutions and laws of the +states during the first era of independence; but the people of the United +States bad no such safeguards.”</span>—Bacon's <span class="tei tei-hi"><span style="font-style: italic">American Plan of Government</span></span>, +p. 273. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The charge to be answered by the defendant on trial in a criminal +court must be clear, explicit, and definite. The prosecution has no right +to compel the accused to show that he is a good member of society.”</span>—<span class="tei tei-hi"><span style="font-style: italic">7 +Peters Rep. 138.</span></span></p></dd><dt class="tei tei-notelabel"><a id="note_68" name="note_68" href="#noteref_68">68.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment VI. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“In judicial procedure a witness is one who is duly called upon to +testify under oath as to matters within his knowledge. By rules of +procedure some persons are disqualified from testifying on account of +want of mental capacity as, for instance, idiots, insane persons, and infants +who have not attained the age of discretion. Others who are qualified +to testify may be of such character that their testimony is not entitled +to the weight which should be given to some other witness. Furthermore, +a witness may be so related to the subject matter or to the +parties as that in the particular case his testimony should not be received, +or should be received under limitations as to its credibility and +weight. And finally the competency of testimony offered is regulated by +rules of evidence fixed by law.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Under constitutional guaranties of religious freedom, the religious +belief of a witness cannot be made a ground for his disqualification to +testify.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“As to criminal prosecution, it is usually provided in state constitutions +as it is in the Fifth and Sixth Amendments to the Federal Constitution +that the accused shall not be compelled to be a witness against +himself and that he has a right to be confronted with the witnesses +against him and to have compulsory process for obtaining witnesses in +his favor. These are privileges which the accused may waive.”</span>—Emlin +McClain, quoted in <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. III, p. +693.</p></dd><dt class="tei tei-notelabel"><a id="note_69" name="note_69" href="#noteref_69">69.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“Compulsory +process is the means of compelling a witness to appear +before the court at the time of trial and, under oath, tell what he +knows about the matter under consideration.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, +Vol. II, p. 766. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A <em class="tei tei-emph"><span style="font-style: italic">subpoena</span></em> is an order issued in a court and given to a sheriff or +other executive officer, to be served upon or read to a witness, compelling +him to appear before the court at the time stated. He must lay aside +all pretenses and excuses, and appear before the court or the magistrate +at the time and place named in the subpoena, under a penalty therein +cited for failure to appear. His failure to obey the order of the court, +or subpoena, is known as <em class="tei tei-emph"><span style="font-style: italic">contempt</span></em>. Contempt is punishable in Federal +courts, and in most States by the order of the judge, and is not subject +to jury trial. (Oklahoma is an exception.)</p></dd><dt class="tei tei-notelabel"><a id="note_70" name="note_70" href="#noteref_70">70.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“At +common law a prisoner was not allowed counsel. In England +this right was not granted in all cases before 1836.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of +American Government</span></span>, Vol. I, p. 487. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The United States was the earliest of nations to not only permit +every person accused of crime and tried before a court to have counsel, +but to furnish counsel for every person who was not himself able to get +counsel or able to pay for counsel.</p></dd><dt class="tei tei-notelabel"><a id="note_71" name="note_71" href="#noteref_71">71.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment VII. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Common Law is that system of law or form of the science of jurisprudence +which has prevailed in England and in the United States, in +contradistinction from other great systems, such as Roman or civil +law.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 370. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Common law is used to distinguish the body of rules and of remedies +administered by courts of law, technically so called, in contradistinction +to those of equity administered by courts of chancery, and to the canon +law, administered by ecclesiastical courts.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, +Vol. I, p. 370.</p></dd><dt class="tei tei-notelabel"><a id="note_72" name="note_72" href="#noteref_72">72.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment VII. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A jury is a body of men sworn to declare the facts of a case as they +are proven from the evidence placed before them.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The definition of a jury explains why the facts of a case are not open +for re-examination after being declared by a jury. It is because a jury +meets in a court in the place where the offense has been committed, and +is therefore better able to know the whole truth, and to determine what +the facts really are than would be possible for any other body of men +who did not have such means of knowing. A higher court in reviewing +a case on an appeal cannot usually go behind the facts as declared +by a jury.</p></dd><dt class="tei tei-notelabel"><a id="note_73" name="note_73" href="#noteref_73">73.</a></dt><dd class="tei tei-notetext">In ordinary +instances arrests may be made only by officers of +the law upon warrants issued by a magistrate. Any officer may, however, +upon his own cognizance of a crime being committed, arrest the +person or persons without warrant. If such authority were not given to +officers of the law, many persons violating law would be able to escape +before a warrant could be issued. Furthermore, under the laws of +some States, any person who sees a crime committed is legally required +to pursue and arrest the offending person and may himself be punished +if he refuses to act. Sheriffs and other officers of the peace may call +upon and require other persons to assist in the pursuit and capture of +fleeing criminals.</dd><dt class="tei tei-notelabel"><a id="note_74" name="note_74" href="#noteref_74">74.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment VIII. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In criminal actions the matter of bail is determined by statute. Bail +is often denied to those accused of committing serious crimes. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The term <em class="tei tei-emph"><span style="font-style: italic">bail</span></em> is used to designate a person who becomes a surety for +the appearance of the defendant in court at the time called for. But in +modern usage the term <em class="tei tei-emph"><span style="font-style: italic">bail</span></em> means the amount of money pledged by another +person for the appearance of the defendant. If the defendant fails +to appear the person going his bail must pay the stipulated amount into +the court. The payment of the bail does not, however, relieve the delinquent +defendant of further punishment. He may be again seized and +punished as according to the charge, and furthermore may be given additional +punishment for <span class="tei tei-q">“jumping”</span> his bail. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The defendant usually binds himself as principal with two sureties; +but sometimes the bail alone binds himself as principal, and sometimes +one surety is accepted by the sheriff. The bail bond may be said to +stand in the place of the defendant as far as the sheriff is concerned, and +if properly taken, furnishes the sheriff a complete answer to the requirement +of the writ, requiring him to take and produce the body of the defendant.”</span>—Bouvier's +<span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 211.</p></dd><dt class="tei tei-notelabel"><a id="note_75" name="note_75" href="#noteref_75">75.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">United +States Constitution, Amendment VIII. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The amount of fine is frequently left to the discretion of the court, +who ought to proportion the fine to the offense.”</span>—Cooley's <span class="tei tei-hi"><span style="font-style: italic">Constitutional +Limitations</span></span>, p. 377. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The object of punishment is to reform the offender, to deter him and +others from committing like offenses, and to protect society.”</span> <span class="tei tei-q">“A state +may provide a severer punishment for a second than for a first offense +providing it is dealt out to all alike.”</span>—159 <span class="tei tei-hi"><span style="font-style: italic">U. S.</span></span> 673. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Punishments are cruel when they involve torture or a lingering death; +but the punishment of death is not cruel, within the meaning of that +word as used in the Constitution.”</span>—136<span class="tei tei-hi"><span style="font-style: italic">U. S.</span></span> 436. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A warden of a State penitentiary was recently found guilty of inflicting +cruel punishment because he punished a convict by suspending +his body from chains placed around his wrists. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The British Museum contains several machines of torture used to +punish criminals in early days. One is a machine in the form of a hollow +case fitting a human form. This case is filled with sharp spikes driven +through from the outside. The machine was so constructed that when +a victim was placed inside, the sides could be gradually turned up to fit +the body and press these spikes into the body of the victim so as to +produce death. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Another machine is constructed much as a cross in form of the letter +X. The victim was fastened in such manner as to bind his wrists and +ankles to the ends of the bars. A horse was then hitched to either his +arms or legs and they were torn from the body. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Many States in the United States have now adopted electrocution as +the means of inflicting the death penalty because it is believed to be +the most humane way.</p></dd><dt class="tei tei-notelabel"><a id="note_76" name="note_76" href="#noteref_76">76.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Amendment XIII, Sec. 1. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +This amendment was submitted to the States by resolution of Congress +in 1865 and by proclamation of the President of December 18th +of that year was declared to have received the approval of the requisite +number of States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +So far as the abolition of slavery is involved there has been no question +as to the effect of the amendment, but as to what constitutes involuntary +servitude important questions have arisen. While the primary +object of the amendment was to free the colored race, the general purpose +was to render impossible the existence within the jurisdiction of the +United States of any legal or social institution imposing involuntary +labor on any class of persons. The introduction here of the peonage system +prevalent in Mexico, the coolie system of China, or the padrone system +of Italy fall within the prohibition. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The amendment permits imprisonment and also involuntary servitude +as a penalty for failure to pay a fine imposed as a punishment. Moreover +the services of persons imprisoned for crime belong to the State +and may be leased, subject of course to humanitarian regulations as +to the method in which such services may be employed. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Under the enforcement clause Congress has legislated against peonage, +that is, a condition of enforced servitude by which the servitor is restrained +of his liberty and compelled to labor in liquidation of some +contract, debt, or obligation. But without such legislation, State statutes +imposing imprisonment or servitude for non-performance of contractual +obligations are invalid as in conflict with the provisions of the +amendment.—Emlin McClain, in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, +Vol. III, p. 536. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the early days many of the American colonies permitted imprisonment for debt, and one of the greatest patriots and philanthropists of +colonial times, Robert Morris, was imprisoned for debt by the State of +Pennsylvania.</p></dd><dt class="tei tei-notelabel"><a id="note_77" name="note_77" href="#noteref_77">77.</a></dt><dd class="tei tei-notetext">James +Bryce has written of our government: <span class="tei tei-q">“The American +Union is ... a state which, while one, is nevertheless composed of +other states even more essential to its existence than it is to theirs.”</span></dd><dt class="tei tei-notelabel"><a id="note_78" name="note_78" href="#noteref_78">78.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Amendment XIV. Sec. 1. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A person may attain to citizenship in the United States in any of +seven different ways: 1. By birth—i.e. natural born. 2. By naturalization, +which usually requires continuous residence for five years. 3. By +treaty regulation. 4. By statute of Congress. 3. By annexation of +territory. 6. By marriage—if a foreign woman marries an American +citizen. 7. By honorable discharge from the army or navy, upon which +the court admits to citizenship regardless of the time of residence in the +United States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the United States we recognize a dual citizenship—citizenship in +the United States, and citizenship in a State. Any person who is a +citizen of the United States is also a citizen of the State wherein he or +she resides. Nine different States grant the right of suffrage and State +citizenship to such foreigners as take out their first naturalization papers. +These States are Alabama, Arkansas, Indiana, Kansas, Missouri, Nebraska, +Oregon, South Dakota, and Texas. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Citizenship must not be confused with the right of suffrage. Neither +one necessarily includes the other. All citizens cannot vote—children +for example. All voters are not necessarily citizens, those in the above +nine States for example. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Aliens in the United States have practically all the civil rights that +are enjoyed by citizens, but they do not have political rights. An alien +may purchase, own, and convey property. He may sue and be sued in +the courts. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“There can be no doubt that the minimum expectation of the framers +of this amendment to the Constitution was that it would make the first +eight amendments to the Constitution binding upon the states, as they +already were upon the Federal Government, and that it should be susceptible +not only of negative enforcement by the courts but also of +direct positive enforcement by Congress.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, +Vol. II, p. 41.</p></dd><dt class="tei tei-notelabel"><a id="note_79" name="note_79" href="#noteref_79">79.</a></dt><dd class="tei tei-notetext">Constitution of the United States, Amendment XV.</dd><dt class="tei tei-notelabel"><a id="note_80" name="note_80" href="#noteref_80">80.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“By a series of decisions the most important of which were those +in the Slaughter House cases (16 Wallace 36) and in the Civil Rights +Cases (109 U.S. 3) the United States Supreme Court established the +following principles: (1) that the prohibitions of the fourteenth amendment +are addressed to the states as such and not to private individuals; +(2) that these prohibitions contemplate only positive state acts and not +acts of omission; (3) that the amendment recognizes a distinction between +state citizenship and United States citizenship; (4) that it protects +from state abridgement only <span class="tei tei-q">‘the privileges and immunities’</span> which +the Constitution by its other provisions bestows upon <span class="tei tei-q">‘citizens of the +United States’</span> as such.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. II, +p. 41. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The nineteenth amendment which is now ratified by the States, provides +that <span class="tei tei-q">“the right of citizens of the United States to vote shall not +be denied or abridged by the United States or by any State on account +of sex.”</span>—Constitution of the United States, Amendment XIX.</p></dd><dt class="tei tei-notelabel"><a id="note_81" name="note_81" href="#noteref_81">81.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“The +good citizen must in the first place, recognize what he owes +his fellow citizens. If he is worthy to live in a free republic he must +keep before his eyes his duty to the nation of which he forms a part. He +must keep himself informed, and he must think of himself as well as of +the great questions of the day; and he must know how to express his +thoughts.”</span>—Theodore Roosevelt.</dd><dt class="tei tei-notelabel"><a id="note_82" name="note_82" href="#noteref_82">82.</a></dt><dd class="tei tei-notetext">In +receiving applications for the many appointments which it was +his duty to make, President Taylor said: <span class="tei tei-q">“I shall make honesty, capacity +and fidelity indispensable requisites to the bestowal of office; and the +absence of any one of these qualities shall be deemed sufficient cause for +removal.”</span></dd><dt class="tei tei-notelabel"><a id="note_83" name="note_83" href="#noteref_83">83.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“The +American Constitution is the most wonderful work ever struck +off at a given moment by the brain and purpose of man.”</span>—William E. +Gladstone. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“It will be the wonder and admiration of all future generations and +the model of all future constitutions.”</span>—William Pitt. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Our fathers by an almost divine prescience, struck the golden mean,”</span> +when they made the Constitution.—Pomeroy. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“It (The U. S. Constitution) ranks above every other written constitution +for the intrinsic excellence of its scheme, its adaptation to the circumstances +of the people, the simplicity, brevity and precision of its language, its judicious mixture of definition in principle with elasticity in +details.”</span>—James Bryce.</p></dd><dt class="tei tei-notelabel"><a id="note_84" name="note_84" href="#noteref_84">84.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“This +is the most famous writ in the law; and, having for many +centuries been employed to remove illegal restraint upon personal liberty, +no matter by what power imposed, it is often called the great writ of +liberty.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. 917.</dd><dt class="tei tei-notelabel"><a id="note_85" name="note_85" href="#noteref_85">85.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">In 1861 Chief +Justice Taney decided in the United States Circuit +Court of Maryland that Congress alone possessed the power under the Constitution +to suspend the writ.—<span class="tei tei-hi"><span style="font-style: italic">American Law Register</span></span>, 524. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The privilege of the writ is, however, necessarily suspended whenever +martial law is declared in force; for martial law suspends all civil +process. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“As a recognized legal remedy, resort to the proceeding by habeas +corpus may be had where a person is imprisoned under pretended legal +authority which in fact for any reason is absolutely void, as where the +warrant of arrest or commitment is insufficient or the proceeding under +which the warrant was issued was without legal authority.”</span> +</p> + +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A state court or judge cannot inquire by habeas corpus into the +validity of arrest or detention of a person under federal authority. The +right to redress in such cases, if any, must be sought in the Federal +courts. But on the other hand Federal courts and judges may inquire +into the cause of the restraint of liberty of any person by a state when +the justification of Federal authority or immunity is set up for the +act complained of.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. II, p. +106.</p></dd><dt class="tei tei-notelabel"><a id="note_86" name="note_86" href="#noteref_86">86.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Art. I, Sec. 9, Cl. 3. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The effect of attainder upon a felon is, in general terms, that all +his estate, real and personal, is forfeited; that his blood is corrupted, +and so nothing passes by inheritance to, from or through him.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“In the United States the doctrine of attainder is now scarcely known, +although during and shortly after the Revolution acts of attainder were +passed by several of the states. The passage of such bills is expressly +forbidden by the Constitution.”</span>—Bouvier's <span class="tei tei-hi"><span style="font-style: italic">Law Dictionary</span></span>, Vol. I, p. +190. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“A bill of attainder, as thought of in the United States to-day, would +be such law as permitted a person charged with the commission of a +crime, to be tried and found guilty and sentenced without being present +at the trial.”</span> It is one of the rules of procedure in court to-day that +in all criminal cases the person charged with crime must be present +during the entire trial. Another fundamental judicial fact is that all +criminal punishment terminates with the death of the person found +guilty; his children are exempt.</p></dd><dt class="tei tei-notelabel"><a id="note_87" name="note_87" href="#noteref_87">87.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“An ex-post-facto +law is a law which in its operation makes an +act criminal which was not criminal at the time the act was committed, +or provides a more severe punishment for criminal acts already committed, +or changes the rules of procedure so as to make it more difficult +for one accused of crime to defend in a prosecution of such crime.”</span> <span class="tei tei-q">“The +prohibition relates to retroactive criminal statutes providing a punishment +for an act previously committed or increasing the punishment making +it more difficult for the accused to defend, but not to retroactive laws, +even though criminal, which mitigate the punishment or merely change +or regulate the procedure without imposing any additional substantial +burden on the accused in making his defense.”</span>—<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American +Government</span></span>, Vol. I, p. 700. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We should keep in mind that both <span class="tei tei-q">“bills of attainder”</span> and <span class="tei tei-q">“ex post +facto”</span> laws have only to do with crimes and their punishment. These +laws do not relate to civil matters.</p></dd><dt class="tei tei-notelabel"><a id="note_88" name="note_88" href="#noteref_88">88.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Art. I, Sec. 8. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Titles of nobility as recognized in many European countries include +the following: duke, earl, marquis, viscount, and baron. These titles +were in part hereditary and in part acquired. They always conferred +special privileges both in rank and in political preferment. Such titles +cannot exist in a democracy because they in their very nature destroy +equality before the law, and that is the fundamental principle of democratic +government. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The provisions prohibiting the granting of titles of nobility are designed, +no doubt, first to preserve equality before the law, and second, +to secure in perpetuity a republican form of government. Such provisions +are not essential to theoretical equality before the law, for such +equality is fundamental in the law of England notwithstanding the existence +of titles of nobility. But the framers of the Constitution evidently +contemplated a form of government in which there should be no +special privileges conferred by rank or title. The additional provision +in the Federal Constitution prohibiting the acceptance by any person +holding any office of profit or trust under the United States of any +present, emolument, office or title from any foreign sovereign or power +without the consent of Congress, was probably intended to prevent the +exercise of foreign influence in governmental affairs. These articles in +the Constitution are substantially borrowed from the Articles of Confederation.”</span>—Emlin +McClain, quoted in the <span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American +Government</span></span>, Vol. II, p. 58.</p></dd><dt class="tei tei-notelabel"><a id="note_89" name="note_89" href="#noteref_89">89.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution +of the United States, Art. III, Sec. 3, Cl. 1. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Treason is defined in this article of the Constitution and therefore +Congress cannot define it in any other manner. Many people use the +word <span class="tei tei-q">“treason”</span> very loosely. They often speak of a person committing +treason when the act committed is not treasonable at all, but is some +less severe crime. Treason consists only in levying war against the +United States or in giving aid or comfort to enemies of the United +States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The meaning of <span class="tei tei-q">“two witnesses to the same overt act”</span> is that the +Constitution requires that two persons will appear in court and swear to +the fact that they personally saw the act committed. <span class="tei tei-q">“Overt act”</span> means +<span class="tei tei-q">“openly committed act”</span>. Chief Justice John Marshall knew that in +the trial of Aaron Burr it would be impossible to get two persons to +swear to having seen Burr commit the conspiracy, so he took advantage +of the technicality in the indictment and threw the case out of court. +This trial was held at Richmond, Virginia. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“Confession in open court”</span> is about the only instance in which such +confession will convict a person charged with committing a crime. As +a rule a person's own confession will not be accepted as evidence against +him, in criminal prosecutions, because few confessions are made without +some threat or inducement and under the guaranty (p. 99) that a +person cannot be compelled to be a witness against himself they are excluded.</p></dd><dt class="tei tei-notelabel"><a id="note_90" name="note_90" href="#noteref_90">90.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Art. III, Sec. 2, Cl. 3. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Impeachment is the manner of trial fixed by the Constitution for the +trial and removal of Federal officers who are accused of treason, bribery, +and other high crimes and misdemeanors. Congress alone has the power +of conducting an impeachment of Federal officers. The legislature of a +State has the power of impeaching State officers. Impeachment, as the +word is commonly used, includes both accusation and trial. The <span class="tei tei-q">“Impeachment”</span> +or accusation is brought by a two-thirds vote of the lower +house, and the trial and conviction or acquittal is carried on by the +upper house. Andrew Johnson, President of the United States, was impeached—i.e. +he was formally accused, but he was acquitted in his trial +in the Senate. Conviction in an impeachment proceeding causes an +officer to be removed from office and disqualified from ever holding any +office of honor or trust under the government again. A person may +be convicted and not given the full penalty. He may be only removed +from office, but not disqualified from again holding office. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +It is possible that a crime may be committed on a river that forms +State boundaries. Where a river forms a boundary the middle of the +main channel is made the boundary line. It is often difficult to determine +on which side of the line the crime was committed, and both States +may then claim to have jurisdiction over the case. This must be decided +as any other fact in the case. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The manner of the trial in use, before jury trial was established, was +by ordeal or by battle. In trial either by ordeal or by battle the issue +was left to God to decide and He was thought to perform a miracle to +reveal the guilt or innocence of the accused person. One form of ordeal +was to compel the accused to plunge his arm into boiling water and if +innocent the Lord would protect him from being scalded. Another form +of ordeal was to compel the accused to walk barefoot over hot plow shares. +If innocent the Lord would again protect his feet from being burned. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The first form of jury to displace the old ordeal or battle as a means +of deciding guilt or innocence was the <span class="tei tei-q">“compurgators”</span> or <span class="tei tei-q">“oath bearers”</span>. +They comprised a group of men who would appear before the court and +give oath that the accused was not a bad man and had committed no +crime. They did not investigate the accusation, they only testified to the +good character of the accused. If a man accused could not produce +compurgators, he must undergo the ordeal. The duty of these oath +bearers gradually became more extended until they became investigators, +and finally became a grand jury.</p></dd><dt class="tei tei-notelabel"><a id="note_91" name="note_91" href="#noteref_91">91.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Art. IV, Sec. 2, Cl. 1. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The right of a citizen of one state to pass through, or to reside in, +any other state, for purposes of trade, agriculture, professional pursuits, +or otherwise; to claim the benefit of habeas corpus; to institute and maintain +actions of any kind in the courts of the state; to take, hold and dispose +of property, either real or personal; and an exemption from higher +taxes or impositions than are paid by the other citizens of the state; +may be mentioned as some of the particular privileges and immunities of +citizens, which are clearly embraced by the description”</span>—Corfield vs. +Coryell, <span class="tei tei-hi"><span style="font-style: italic">Washington C. C. Rep. 380</span></span>.</p></dd><dt class="tei tei-notelabel"><a id="note_92" name="note_92" href="#noteref_92">92.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">Constitution of the United States, Art. 6, Cl. 3. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +While no religious test of any kind may ever be required from any +officer of the United States as a condition of his being elected, or holding +office, public sentiment nevertheless favors Christian character among +the people. If a candidate for office were an atheist and made public +confession as to his lack of belief in God, it would doubtless mitigate +against his election. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“The general principle of equality of all persons before the law excludes +discriminations made on account of religions belief, with the result +that religious tests should not be made the basis of political rights or +for determining qualifications for office or in general for the possession, +exercise, or protection of civil rights.”</span>—Emlin McClain, quoted in the +<span class="tei tei-hi"><span style="font-style: italic">Cyclopedia of American Government</span></span>, Vol. III, p. 176. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +<span class="tei tei-q">“This clause was introduced for the double purpose of satisfying the +scruples of many persons who feel an invincible repugnance to any religious +test or affirmation, and to cut off forever every pretence of any +alliance between church and state in the national government”</span>—Story's +Const. Sc. 1841.</p></dd><dt class="tei tei-notelabel"><a id="note_93" name="note_93" href="#noteref_93">93.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">A glance at the motives of Europeans in coming to America will +reveal the fact that thousands of the best people of European countries +left their homes to escape either religious or political persecution at the +hands of the government or the king. Such was true of the Huguenots +of France, the Pilgrims and Puritans of England, and only recently, +the Jews of Russia. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The laws of <span class="tei tei-q">“attainder”</span> in England in the early times confiscated the +property of persons, however innocent they themselves might be, if they +were near relatives of other persons who had committed grave crimes. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Before the passage of the Habeas Corpus Act of 1679 in England, any +person of royalty or high official standing in the government could falsely +accuse another person of crime and cause that innocent person to languish +in prison for years, or even for life, because he could not get +before a court of justice to establish his innocence. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In many European countries the peasants were burdened with taxes +to support kings and courts without the slightest representation in the +tax levying authority. In France, just preceding the French Revolution, +the peasants were obliged to purchase a certain number of barrels +of salt each year, without having the slightest use for the salt, because +the crown lands produced salt and the revenues went to the king. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In many European countries a state church was established and the +people obliged to support it by taxes levied against their property, regardless +of whether it represented their religious beliefs.</p></dd><dt class="tei tei-notelabel"><a id="note_94" name="note_94" href="#noteref_94">94.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">A +comparison of the provisions of the Declaration of Independence +with those of the Constitution will show the wrongs of the English king +righted by the Constitution. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“He has refused assent to laws the most +wholesome and necessary for the public good.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—A bill if vetoed by the President +may be repassed by two-thirds of the senate and house of representatives. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“He has forbidden his governors to pass +laws of immediate and pressing importance.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—Congress shall have the power +to lay and collect taxes, duties, etc. (See Const. Art. I, §. 8.) +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“He has dissolved representative houses +repeatedly, for opposing with manly firmness, his invasions on the rights +of the people.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—Congress shall meet at the seat +of government—once each year. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“He has refused, for a long time after +dissolution, to cause others to be elected.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—The time, place and manner of +holding elections for Senators and Representatives, shall be prescribed +in each State by the legislature thereof. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“He has obstructed the administration +of justice.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—Jurisdiction of Courts fixed by +Constitution. Judges not responsible to the President, but to Congress, +which represents the people. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“He has made judges dependent on his +will alone.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of United States.—Judges subject to removal only by impeachment +by Congress. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“He has kept standing armies ... +without consent of the legislature.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—<span class="tei tei-q">“Congress shall have power to +raise and support armies.”</span> <span class="tei tei-q">“To provide and maintain a navy.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“For transporting us beyond seas to +be tried for pretended offenses.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—<span class="tei tei-q">“Such trial shall be held in the +state where said crime shall have been committed.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“For depriving us, in many cases, of +the right of trial by jury.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—<span class="tei tei-q">“The trial of all crimes, except in +case of impeachment, shall be by jury.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“For quartering large bodies of armed +troops among us.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—<span class="tei tei-q">“No soldier shall in time of peace, +be quartered in any house without the consent of the owner.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Declaration of Independence.—<span class="tei tei-q">“For imposing taxes on us without our +consent.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Constitution of the United States.—<span class="tei tei-q">“Congress shall have power to +levy and collect taxes.”</span></p></dd><dt class="tei tei-notelabel"><a id="note_95" name="note_95" href="#noteref_95">95.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">On December 2, 1917, in New York City, in a meeting of men who +called themselves Bolshevists and I. W. W.'s, the following paragraph +was an introduction to a set of resolutions drawn up: <span class="tei tei-q">“We are the +Bolshevists of America. We denounce governments, institutions and +society; we hail social revolution and the destruction of the existing +order of things.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In the preamble to the Constitution of the Independent Workers of +the World (I. W. W.) we find this statement: <span class="tei tei-q">“The working class and +the employing class have nothing in common. Between these two classes +the struggle must go on, until the workmen of the world organize as a +class, take possession of the earth and the machinery of production, and +abolish the wage system. Our motto is—<em class="tei tei-emph"><span style="font-style: italic">The abolition of the wage system.</span></em>”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +How foolish is the above statement that the working class and the +employing class have nothing in common. The truth of the matter is +that they have everything in common. Every employer—almost without +exception—was once a workman. He was a successful workman, therefore +he became more than a workman—he became an employer. Furthermore, workmen cannot exist without employment. Neither can employers +exist without the workmen. They are not only each concerned +in the welfare of the other; neither can exist without the other. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The following is another passage taken from the resolutions drawn +up by the Bolshevists in which they say the general strike is their weapon +of defense: <span class="tei tei-q">“We will strike for a six hour day, then for a four hour +day, then for a two hour day, with increased wages all the time, and +then we will be strong enough to take everything and work no more.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +We wonder how any sensible man can believe such logic as this. Was +it not Saint Paul who said that if any man would not work neither +should he eat. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Socialist party platform of 1912 declared in favor of the abolition +of the United States Senate, the amendment of the Constitution of +the United States by a majority vote of the people, the election of judges +for short terms of office, the denial of the right of the U. S. Supreme +Court to declare the acts of Congress void.</p></dd><dt class="tei tei-notelabel"><a id="note_96" name="note_96" href="#noteref_96">96.</a></dt><dd class="tei tei-notetext">Article +V of the Constitution of the United States provides for +the amendment of that fundamental law of the country. It says amendments +may be proposed by a bill for amendment being introduced into +either house of Congress and passing each house by a two-thirds vote, +or secondly, by the State legislatures of two-thirds of the States demanding +that Congress call a national convention in which amendments +may be proposed. If these proposed amendments are ratified by the +legislatures of three-fourths of the States or by conventions called in +three-fourths of the States, they become an integral part of the Constitution.</dd><dt class="tei tei-notelabel"><a id="note_97" name="note_97" href="#noteref_97">97.</a></dt><dd class="tei tei-notetext">Some of this good legislation includes: Child Labor Laws; Workmen's +Compensation Laws; Industrial Insurance for Workingmen; Compulsory +Education; Pure Food Laws; Better Sanitary Conditions in +Factories; Safety Appliances; Free Medical Inspection for School Children; +and Care of the Poor.</dd><dt class="tei tei-notelabel"><a id="note_98" name="note_98" href="#noteref_98">98.</a></dt><dd class="tei tei-notetext">If you +read carefully the fifth article of the Constitution of +the United States, you will learn that the Constitution may be amended +either by the people's representatives who sit in Congress, and in State +legislatures, or by the legislatures of the States demanding that a National +convention shall be called in which the people may choose the members +Which ever method of amending the Constitution is used, it is the people +who exercise the power of changing the Constitution.</dd><dt class="tei tei-notelabel"><a id="note_99" name="note_99" href="#noteref_99">99.</a></dt><dd class="tei tei-notetext">Every +teacher in every public school ought to feel in duty bound +to teach the fundamental principles of the Constitution to all the children +in the school. A recitation period ought to be set aside each day +for the study of civics of the community, of the locality, of the State, +and of the United States. Every pupil in every public school ought to +feel proud of the opportunity to learn how his government is made and +how his government works, how he may become a helpful citizen by being +an intelligent voter when he comes to be a man. Adult people ought +to organize civic clubs in the community for the discussion and study of +questions of government and politics.</dd><dt class="tei tei-notelabel"><a id="note_100" name="note_100" href="#noteref_100">100.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The +following suggestions have been made by good, honest people +who have their country's welfare at heart. Thus far the people as a +whole have not advocated their adoption, but some of them may be made +part of the Constitution in time to come. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +a. The direct popular election of President and Vice President of the +United States. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +b. The adoption of the initiative, referendum, and recall in the +National government. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +c. Federal legislation governing both marriage and divorce throughout +the Nation. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +d. Federal jurisdiction over all cases affecting foreigners—for example +in instances like the Italian riot in New Orleans, or in the Japanese +problem on the Pacific coast.</p></dd><dt class="tei tei-notelabel"><a id="note_101" name="note_101" href="#noteref_101">101.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">The following +is a brief outline of the various attempts at union +among the colonies. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +(a) 1643-1684—New England Confederation: Massachusetts Bay; +Plymouth; Connecticut; New Haven.<br /> +(b) 1684—Albany Council.<br /> +(c) 1690—First Colonial Congress.<br /> +(d) 1696—William Penn's Plan.<br /> +(e) 1701—Robert Livingston's Plan.<br /> +(f) 1722—Plan of Daniel Cox.<br /> +(g) 1754—Plan of Rev. Mr. Peters.<br /> +(h) 1754—Plan of the Lords of Trade.<br /> +(i) 1754—Albany Plan.<br /> +(j) 1765—Stamp Act Congress.<br /> +(k) 1774—First Continental Congress.<br /> +(l) 1775—Second Continental Congress.<br /> +(m) 1781—Congress of the Confederation.<br /> +(n) 1787—The Federal Convention.<br /> +(o) 1789—The New Government. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The chief reasons keeping the colonies apart were: +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +1. Natural geographical divisions—North, Middle, and South.<br /> +2. The great differences in size—Virginia many times larger than +Rhode Island.<br /> +3. The instinct of local self government.<br /> +4. Character of settlers and the motives in making settlements.<br /> +5. The slave question, especially after 1750.<br /> +6. Their different forms of government—Royal, Proprietary, +Charter. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The very first attempt at constitution making in the colonies was the +Mayflower Compact, adopted on board the ship Mayflower before landing +on December 20, 1620. It reads as follows: <span class="tei tei-q">“We, whose names +are underwritten, the loyal subjects of our dred soveraigne King James, +by the grace of God, of Great Britain, France and Ireland King, defender +of the faith, etc. having undertaken, for the glory of God, and +advancement of Christian faith and honor of our king and country, a +voyage to plant the first colony in northern parts of Virginia, do, by +these presents, solemnly and mutually, in the presence of God, and of +one another, covenant and combine ourselves together into a civil body +politic, for, our better ordering and preservation and furtherance of the +ends aforesaid; and, by virtue hereof, to enact, constitute, and frame, +such just and equal laws, ordinances, acts, constitutions and offices, from +time to time, as shall be thought most meet and convenient for the general +good of the colony. Unto which we promise all due submission and +obedience. In witness whereof we have hereunder subscribed our names, +at Cape Cod, the 11th of November, in the year of the reign of our +sovereign lord, King James, of England, France and Ireland the eighteenth, +and of Scotland the fifty-fourth, Anno Domini.”</span> +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The first real attempt at formal constitution making was the <span class="tei tei-q">“Fundamental +Orders of Connecticut”</span>, 1639. These <span class="tei tei-q">“Orders”</span> formed an elementary +constitution with three departments of government and the +duties and powers of each department fairly well set forth. The Fundamental +Orders are frequently referred to as the first written constitution +in America. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Articles of Confederation were made by the <em class="tei tei-emph"><span style="font-style: italic">thirteen States</span></em> in the +name of the <em class="tei tei-emph"><span style="font-style: italic">States</span></em>. The Constitution was made by the <em class="tei tei-emph"><span style="font-style: italic">delegates of +the people</span></em> in the name of the <em class="tei tei-emph"><span style="font-style: italic">people of the United States</span></em>. The first was a +<em class="tei tei-emph"><span style="font-style: italic">compact</span></em> or friendly agreement; the second was a <em class="tei tei-emph"><span style="font-style: italic">contract</span></em> or binding +union.</p></dd><dt class="tei tei-notelabel"><a id="note_102" name="note_102" href="#noteref_102">102.</a></dt><dd class="tei tei-notetext">Great modifications +have been made in nearly all of the State Constitutions, +an excellent analysis of which may be found in Bryce's +<span class="tei tei-hi"><span style="font-style: italic">American Commonwealth</span></span> (Third Edition), Vol. I, p. 443.</dd><dt class="tei tei-notelabel"><a id="note_103" name="note_103" href="#noteref_103">103.</a></dt><dd class="tei tei-notetext">Since the alliance of the original thirteen States, thirty-five have +been admitted into the Union by acts of Congress either directing the +people to select delegates and enact a Constitution or accepting a Constitution +already made by the people. An illustration of the former +method of procedure is offered in 25 U. S. St. at L. 676 c 180, providing +for the admission of North Dakota, South Dakota, Montana, and Washington +into the Union, and of the latter in 26 U. S. St. at L. 215 c 656; +222 c 664, providing for the admission of Idaho and Wyoming. <span class="tei tei-q">“Of +these instruments (State Constitutions), therefore, no less than of the +Constitutions of the thirteen original States, we may say that although +subsequent in date to the Federal Constitution, they are, so far as each +state is concerned de jure prior to it. Their authority over their own +citizens is nowise derived from it.”</span>—Bryce's <span class="tei tei-hi"><span style="font-style: italic">American Commonwealth</span></span> +(Third Edition), Vol. I, p. 431.</dd><dt class="tei tei-notelabel"><a id="note_104" name="note_104" href="#noteref_104">104.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“A constitution +is an instrument of government, made and adopted +by the people for practical purposes, connected with the common business +and wants of human life. For this reason pre-eminently every word in it +should be expounded in its plain, obvious and common sense.”</span>—Per +Allen J., in Peo v. New York, Cent. R. Co., 24 N. Y. 485, 486.</dd><dt class="tei tei-notelabel"><a id="note_105" name="note_105" href="#noteref_105">105.</a></dt><dd class="tei tei-notetext">Legislatures +cannot change Constitutions. <span class="tei tei-q">“I consider the people +of this country as the only sovereign power. I consider the legislature +as not sovereign, but subordinate; they are subordinate to the great +constitutional charter, which the people have established as a fundamental +law and which alone has given existence and authority to the +legislature.”</span>—Per Roane, J. in Kanper v. Hawkins, 1 <span class="tei tei-hi"><span style="font-style: italic">Va. Cas.</span></span> 20, 86.</dd><dt class="tei tei-notelabel"><a id="note_106" name="note_106" href="#noteref_106">106.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Some +of the state constitutions provide for periodically submitting +to the voters the question whether a convention shall be called to revise +and amend the constitution. Regardless of whether or not provision is +made for periodical resubmission of the question of calling a convention, +the constitutions usually provide that the legislature may, of its own +volition, submit to a vote of the people the question whether a convention +shall be called, and subject to any existing constitutional limitations, +may prescribe the time and manner of electing delegates to such convention.”</span></dd><dt class="tei tei-notelabel"><a id="note_107" name="note_107" href="#noteref_107">107.</a></dt><dd class="tei tei-notetext">Teachers +and school officers can perform no higher duty, can render +no greater service to America, than to encourage the use of school +buildings for public gatherings. They should be real community centers. +In the city of Minneapolis, the Superintendent of Schools has recently +reported that for the year ending July 1st, 1920, there were 5070 meetings +held in the public school buildings, with a total attendance of 325,734 +persons. There were 1434 cultural meetings, 751 civic sessions, 2501 +recreative gatherings, and 334 social festivals. Rural consolidated school +buildings ought always be planned for civic centers as well as school-houses. +They ought to provide a large assembly hall where community +gatherings may be held. They ought to provide a large and well equipped +gymnasium where both children and adults may enjoy athletic contests +and indoor games. These buildings ought to be open to the people +every evening during the week if the attendance warrants.</dd><dt class="tei tei-notelabel"><a id="note_108" name="note_108" href="#noteref_108">108.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">One mark +of good citizenship is the respect shown to emblems of +authority. All good citizens rise to their feet and remain standing during +the playing or singing of the National anthem. We ought to cultivate +such habits until they become reflex: i. e. until we do them as a matter +of course without being told by the teacher in school or by the leader of +the choir or some other person. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Every school boy and girl ought to commit to memory the words of +the Star Spangled Banner and of America. The teacher can make the +singing of patriotic songs and the learning of patriotic poems and +speeches a part of the opening exercises of the school. Poems and +speeches learned in childhood will generally remain with us throughout life.</p></dd><dt class="tei tei-notelabel"><a id="note_109" name="note_109" href="#noteref_109">109.</a></dt><dd class="tei tei-notetext">Radicalism +of thought and action can generally be traced to the +segregation of the people into small groups where the individual is alone +in his thinking. Association and cooperation tend to break up individualism. +Where men and women come together in thought and consideration, +there is always developed a tendency toward moderation. Our present +day complex society demands that every individual yield something for +the good of the whole community. The yielding process is a moderating +process. Anarchy stands for the division of society into individuals where +each individual becomes selfish and dominating over others around him. +Loyalty to the Nation and the State requires that the individual shall +coöperate with his neighbor and that he shall work in harmony with other +people in the community. If people would more often assemble and discuss +the needs of the entire community and how each may help to make +the entire community better, we would have less of class distinction and +more of social harmony and of economic prosperity.</dd><dt class="tei tei-notelabel"><a id="note_110" name="note_110" href="#noteref_110">110.</a></dt><dd class="tei tei-notetext">Republican +government is government by the people through their +chosen representatives. Republican government can only be good government +and effective government, when every qualified voter will assume +his full duty in helping carry on the government. This duty is exercised +through the casting of an intelligent ballot on election day. In the +presidential election of 1908 the percentage of qualified voters actually +voting ranged from 15.8 per cent to 88.1 per cent, the average for all +States being 60.5 per cent.</dd><dt class="tei tei-notelabel"><a id="note_111" name="note_111" href="#noteref_111">111.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em">In colonial times in America there was nothing like universal manhood +suffrage. One-half of all the colonies required church membership +for a suffrage right. By about 1700 all colonies required ownership of +property for voting. This was not entirely abolished until about 1850. +The State of Rhode Island still requires property to the extent of $134 +for voting in municipal elections. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The colony of Virginia required the holding of a freehold of fifty +acres of land without a house, or twenty-five seres of land with a house +at least twelve feet square. Pennsylvania required a freehold of fifty +acres with twelve acres improved. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +In most colonies a greater property qualification was required for voting +for members of the upper house of the legislature than for members +of the lower house. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Several colonies and early States limited office holding to Protestants. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +The Constitution of the United States now declares that no State +shall deny to any person the right to vote because of <em class="tei tei-emph"><span style="font-style: italic">race</span></em>, <em class="tei tei-emph"><span style="font-style: italic">color</span></em>, or +<em class="tei tei-emph"><span style="font-style: italic">previous condition of servitude</span></em>, or <em class="tei tei-emph"><span style="font-style: italic">because of sex</span></em>. The Nineteenth +Amendment enables women to vote on an equality with men. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +A State may add further qualifications for voting, but no State may +deny the right to vote for any of the above reasons. Several States +have added literacy tests for voting, and others have denied the right +to vote to such as are insane or who have been convicted of crime, unless +pardoned by the Governor. A few States deny suffrage to those whose +taxes are delinquent.</p></dd><dt class="tei tei-notelabel"><a id="note_112" name="note_112" href="#noteref_112">112.</a></dt><dd class="tei tei-notetext">The +following countries of the world have equal suffrage: New +Zealand, 1893; South Australia, 1895; West Australia, 1900; The +Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904; +Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913; Norway, +1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark, 1915; +England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919; Luxemburg, +1919; Germany, 1919; Austria, 1919. In no other country in +the world is the right of suffrage more fully granted than in the United +States since the adoption of the Nineteenth Amendment.</dd><dt class="tei tei-notelabel"><a id="note_113" name="note_113" href="#noteref_113">113.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Any +government is free to the people under it (whatever be the +frame) where the laws rule and the people are a party to those laws.”</span>—William +Penn.</dd><dt class="tei tei-notelabel"><a id="note_114" name="note_114" href="#noteref_114">114.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“It is, Sir, the people's Constitution, the people's government, made +for the people, made by the people and answerable to the people.”</span>—Daniel +Webster.</dd><dt class="tei tei-notelabel"><a id="note_115" name="note_115" href="#noteref_115">115.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“In +truth success cannot be expected from any system of government +unless the individuals who compose the State entertain the respect +for the personal rights and liberties of all.”</span>—David Jayne Hill.</dd><dt class="tei tei-notelabel"><a id="note_116" name="note_116" href="#noteref_116">116.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“We cannot, +we must not, we dare not, omit to do that which, in our +judgment, the safety of the Union requires.”</span>—Daniel Webster.</dd><dt class="tei tei-notelabel"><a id="note_117" name="note_117" href="#noteref_117">117.</a></dt><dd class="tei tei-notetext"><span class="tei tei-q">“Americanization +always implies obligation; free choice determines +its acceptance, and its extension must come through avenues of +intelligent comprehension rather than through physical or governmental +domination.”</span>—Winthrop Talbot.</dd><dt class="tei tei-notelabel"><a id="note_118" name="note_118" href="#noteref_118">118.</a></dt><dd class="tei tei-notetext"><p class="tei tei-p" style="margin-bottom: 1.00em"><span class="tei tei-q">“The fundamental +evil in this country is the lack of sufficiently +general appreciation of the responsibility of citizenship.”</span>—Theodore +Roosevelt. +</p> +<p class="tei tei-p" style="margin-bottom: 1.00em"> +Teachers of children may well place greater emphasis on <em class="tei tei-emph"><span style="font-style: italic">ideals</span></em>, +<em class="tei tei-emph"><span style="font-style: italic">character</span></em>, and <em class="tei tei-emph"><span style="font-style: italic">personality</span></em> as factors in the making of a Nation. Teachers +ought to lay greater stress on biography in the teaching of history, civics, +and citizenship. Teach children both to know and to love Washington, +Lincoln, and Roosevelt. Teach older pupils and students to realize that +the aims, ideals, and achievements of a Nation can never be higher than +the aims, ideals, and achievements of the individuals comprising that +Nation. To know the lives and characters of America's great men and +women is to know American history, for they made American history +what it is. Young people enjoy the study of great characters. We all +retain a love for heroes and heroines however old we grow. Such study +adds color and life to history and government and humanizes the entire +subject. Teach lives and institutions rather than mere facts. Inculcate +into the lives of boys and girls, and of men and women, a love for our +country, for the men and women who made it, and for the institutions in +which they have a part. Teach them that patriotism and loyalty are +not duties only, but are rather the highest privileges given to the people +of a republic.</p></dd></dl> + </div> + <hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 5.00em; margin-top: 5.00em"> + <div id="pgfooter" class="tei tei-div" style="margin-bottom: 4.00em; margin-top: 4.00em"><pre class="pre tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em">***END OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION*** +</pre><hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><a name="rightpageheader71" id="rightpageheader71"></a><a name="pgtoc72" id="pgtoc72"></a><a name="pdf73" id="pdf73"></a><h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">Credits</span></h1><table summary="This is a list." class="tei tei-list" style="margin-bottom: 1.00em; margin-top: 1.00em"><tbody><tr><th class="tei tei-label tei-label-gloss">January 3, 2011 </th></tr><tr><td class="tei tei-item tei-item-gloss"><table summary="This is a list." class="tei tei-list" style="margin-bottom: 1.00em; margin-top: 1.00em"><tbody><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item">Project Gutenberg TEI edition 1</td></tr><tr class="tei tei-labelitem"><th class="tei tei-label"></th><td class="tei tei-item"><span class="tei tei-respStmt"> + <span class="tei tei-name"> + Produced by Bryan Ness, David King, and the Online + Distributed Proofreading Team at <http://www.pgdp.net/>. + (This book was produced from scanned images of public domain + material from the Google Print project.) + </span> + </span></td></tr></tbody></table></td></tr></tbody></table></div><hr class="doublepage" /><div class="tei tei-div" style="margin-bottom: 3.00em; margin-top: 3.00em"><a name="rightpageheader74" id="rightpageheader74"></a><a name="pgtoc75" id="pgtoc75"></a><a name="pdf76" id="pdf76"></a><h1 class="tei tei-head" style="text-align: left; margin-bottom: 3.46em; margin-top: 3.46em"><span style="font-size: 173%">A Word from Project Gutenberg</span></h1><p class="tei tei-p" style="margin-bottom: 1.00em">This file should be named + 34839-h.html or + 34839-h.zip.</p><p class="tei tei-p" style="margin-bottom: 1.00em">This and all associated files of various formats will be found + in: + + <a href="http://www.gutenberg.org/dirs/3/4/8/3/34839/" class="block tei tei-xref" style="margin-bottom: 1.80em; margin-left: 3.60em; margin-top: 1.80em; margin-right: 3.60em"><span style="font-size: 90%">http://www.gutenberg.org</span><span style="font-size: 90%">/dirs/3/4/8/3/34839/</span></a></p><p class="tei tei-p" style="margin-bottom: 1.00em">Updated editions will replace the previous one — the old + editions will be renamed.</p><p class="tei tei-p" style="margin-bottom: 1.00em">Creating the works from public domain print editions means that + no one owns a United States copyright in these works, so the + Foundation (and you!) can copy and distribute it in the United + States without permission and without paying copyright royalties. + Special rules, set forth in the General Terms of Use part of this + license, apply to copying and distributing Project Gutenberg™ electronic works + to protect the Project Gutenberg™ concept and trademark. 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