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diff --git a/34839.txt b/34839.txt new file mode 100644 index 0000000..e9a8895 --- /dev/null +++ b/34839.txt @@ -0,0 +1,10148 @@ +The Project Gutenberg EBook of The Short Constitution by Martin J. Wade +and William F. Russell + + + +This eBook is for the use of anyone anywhere at no cost and with almost no +restrictions whatsoever. You may copy it, give it away or re-use it under +the terms of the Project Gutenberg License included with this eBook or +online at http://www.gutenberg.org/license + + + +Title: The Short Constitution + +Author: Martin J. Wade and William F. Russell + +Release Date: January 3, 2011 [Ebook #34839] + +Language: English + +Character set encoding: US-ASCII + + +***START OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION*** + + + + + + The Short Constitution + + Elementary Americanism Series + + Being a Consideration of the Constitution of the United States, With + Particular Reference to the Guaranties of Life, Liberty, and Property + Contained Therein, Sometimes Designated The Bill Of Rights + + By + + Martin J. Wade + + Judge of the United States District Court + + And + + William F. Russell + + Dean of the College of Education, University of Iowa + + Annotations By + + Charles H. Meyerholz + + Professor of Social Science, Iowa State Teachers College + + Third and Revised Edition + + American Citizen Publishing Co. + + Iowa City + + Copyright, 1920, 1921 + + + + + +CONTENTS + + +About The Authors +Preface +I. The Judge's First Talk +II. Government +III. Liberty +IV. America--A Democracy +V. America--A Republic +VI. Law +VII. The Constitution +VIII. Making The Constitution +IX. Freedom +X. Military Provisions +XI. Search Warrant And Indictment +XII. Rights Of Accused +XIII. Life, Liberty, And Property +XIV. Criminal Trials +XV. The Indictment +XVI. Guarding Rights In Court +XVII. Punishment +XVIII. Equal Rights Of Citizens +XIX. Writ Of Habeas Corpus +XX. Other Prohibited Laws +XXI. Titles, Gifts, Treason +XXII. Jury, Except In Impeachment +XXIII. Wrongs Under King George +XXIV. Shall Any Part Be Repealed +XXV. Amending The Constitution +XXVI. Machinery Of The Government +XXVII. State Constitutions +XXVIII. The Suffrage +A Word To The The Teachers And Others +Declaration Of Independence +Constitution Of The United States +Articles In Addition To, And Amendment Of The Constitution Of The United +States Of America, Proposed By Congress, And Ratified By The Legislatures +Of The Several States Pursuant To The Fifth Article Of The Original +Constitution +Footnotes + + + + + + +What Has America Done For Me And For My Children? + +This question may not be spoken, but it is in the hearts of millions of +Americans to-day. + +All those who attempt to teach Americanism to foreigners, _and to +Americans_, must be prepared _to answer this question_. _It can only be +answered_ by teaching the individual guaranties of the Constitution of the +United States, and of the States, which protect life and liberty and +property. + +_It can only be answered_ by convincing the people that this is a land of +justice and of opportunity for all; that if there be abuses, they are due +not to our form of government, but that the people are themselves to +blame, because of their ignorance of their rights, their failure to +realize their power, and their neglect of those duties which citizenship +imposes. + +All over the land earnest men and women are endeavoring to teach the great +truths of Americanism, and with substantial success; but those who +understand human nature realize that the faith of our fathers can only be +firmly established by lighting the fires of patriotism and loyalty in the +hearts of our children. Through them the great truths of our National life +can be brought into the homes of the land. + +And the Nation will never be safe until the Constitution is carried into +the homes, until at every fireside young and old shall feel a new sense of +security in the guaranties which are found in this great charter of human +liberty, and a new feeling of gratitude for the blessings which it assures +to this, and to all future generations. + + + + + +ABOUT THE AUTHORS + + +For a work designed to promote education in the spirit of American +citizenship it would be difficult to imagine a more competent authorship +than that which has been provided for "The Short Constitution". Either of +the writers alone would have produced a book of high standing in this +field; the collaboration of the two makes it a remarkable production in +its adaptation to the subject for home reading, the study club, and the +school curriculum. It is unique, and has justly been termed "the first +real attempt to popularize Constitutional law." + +Federal Judge Martin J. Wade has had a varied contact with people in his +long experience as practicing attorney, district judge, member of +Congress, and Judge of the United States Court. A well known Iowa +publicist, he has gained nation wide fame as a public speaker and writer +on Americanization and citizenship topics, basing his themes on first-hand +experiences with conditions which have produced much unrest throughout the +Nation. As a member of the State Council of National Defense during the +World War, and as presiding judge at the trial of many obstructionists in +that period, he conceived the idea of the need for a school of +Americanism, to teach what our country has done for its citizens. +Clearness and eloquence mark his public addresses, and have enriched the +arguments and illustrations of this first book of the "Elementary +Americanism Series". + +Dean William F. Russell was the educational adviser sent with a group of +experts by appointment of the President of the United States to advise +disorganized Russia during the latter part of the World War; and also one +of the five members of the China Educational Commission of North America, +sent to China in 1921. His course of study in American citizenship, +written at the request of the National Masonic Research Society for use +throughout the United States, was inspired by the observation that the +government in Russia, in contrast with our own, was an agency that took +money for its coffers and boys for its armies and gave nothing in return. +In addition to his work as Dean of the College of Education of the State +University of Iowa, and his record as a widely-known lecturer on +educational topics, he has found time to write school texts notable for +accurate and concise statement, adapted to arousing and sustaining +interest in the student mind. + +The authors have done more than present the facts about the Constitution +of the United States, with particular emphasis on its personal guaranties. +They have vitalized a topic generally thought to be dry and technical. +They have succeeded in making the Constitution seem to be what it is, a +factor of first importance in the daily life of the average citizen. It is +not too much to say that the seed of this book should be planted in every +home in America. + +The admirable work of annotation by Professor Chas. H. Meyerholz, +Professor of Social Science in the Iowa State Teachers College, gives much +additional material for elementary and advanced study. Professor Meyerholz +is well known as an authoritative teacher, writer, and lecturer on +subjects pertaining to government, and has done much valuable +Americanization work. + +The elementary and advanced questions at the end of each chapter will +serve as a guide to all teachers and leaders of study classes. The text of +the Declaration of Independence and the Constitution of the United States, +with the original capitalization and punctuation preserved, and an +abridgement of a State Constitution, printed at the end of the book, are +valuable for reference. + +THE PUBLISHER + + + + + +PREFACE + + +"The Short Constitution" is one of a series of volumes entitled +"Elementary Americanism", intended for use in the home, the club, the +school, and in general Americanization work. + +It is our hope that regular courses in "Americanism" will soon be +established in all schools, colleges, and universities. + +We use the term "Americanism" because we feel that it signifies something +broader, deeper, and more appealing than any title now used in the schools +in the teaching of American government, or citizenship, or the rights and +duties of the citizens of the United States. + +We like the term "America" better than "the United States". "The United +States" suggests boundaries, codes, and constitutions. "America" suggests +all these and then it suggests _spirit_. There _is_ such a thing as +"Americanism". It includes all there is of information relating to our +country; but it also has a soul "Americanism" relates to democracy, into +which enter all the ideals, all the impulses and emotions of men, women, +and children. "Americanism" teaches not only the relation of the States to +the National government, and the relation of citizens to both the State +and the National government, but it also teaches the relation of men, +women, and children to each other. + +This is a government by the people, and therefore we must understand the +people in order that we, the people, may govern. + +To arouse patriotism and loyalty we must do more than develop the powers +of the mind, do more than expand the field of knowledge. We must inspire +in the heart faith, confidence, and love. Men must not only learn how to +govern, but they must learn how to be governed. We must not only learn to +command, but also to obey. Our spirits must be so molded that we can +submit to duly constituted authority, submission to which is the most +lofty expression of American patriotism. + +Submission to authority in America is submission to law, for no man in +this country has any authority to command or direct a fellowman, except as +the law made by the people vests him with such authority. + +To inspire devotion to our country we must arouse in the hearts of our +people a sense of gratitude for the blessings which come to us because we +live in free America, gratitude for the rights and liberties which we +possess, which are protected by the guaranties of a written Constitution +adopted by the people themselves. + +There is only one way in which the average person may be brought to see +what America has done for him, and that is by contrasting the rights, +privileges, and opportunities which he has with those possessed by others +in the same walk of life before the Constitution became the bulwark of the +people against injustice and wrong. + +The aim of "The Short Constitution" is to present, in a form as simple as +possible, a definite knowledge of all the personal guaranties of the +Constitution, with an explanation of what they mean, and what they have +done in the advancement of human happiness; and a brief explanation of the +machinery of government provided by the Constitution. + +Everyone who understands human nature will admit that to mold the spirit, +to inspire faith, and to excite gratitude training must begin in +childhood. The child must learn: + + + (a) What authority means. + + (b) The source of authority. + + (c) In whom authority rests: in the parent, in the teacher, and in + public officers selected by the people to enforce the authority of + the community, the State, and of the Nation. + + (d) How the authority of the people, the community, the State, and + the Nation is expressed through laws which are nothing but rules + of human conduct. + + (e) How we should respect authority and submit to authority. + + (f) How and by whom those who will not yield obedience to + authority out of respect will be compelled to obey by punishment. + + +We have adopted a new method of presenting this subject. In this country +authority is largely administered through the courts. Judges of the courts +construe the Constitution and the laws; and, generally with the aid of a +jury, determine rights and wrongs, and enforce justice through their +judgments and decrees. + +We therefore feel that the subject "Americanism", presented through the +spoken word of a judge, will better gain and hold the attention of the +pupil than in any other way. We have the teacher invite Judge Garland to +deliver a series of "Talks" to the pupils, which are herein presented. By +this direct method greater freedom of expression is permitted and with the +aid of notes greater brevity is possible. In these "Talks" considerable +apparent repetition will appear. This is essential to thorough +understanding. Without reiteration it is impossible to accomplish our +purpose which is not only to enlighten, but to inspire. + +Our endeavor is to present the subject not from the standpoint of the +government, but from the standpoint of the people. The _rights of the +people_ are of first importance in a Nation where men, women, and children +are free. The State and the Nation have no rights except those given them +by the people. Strictly speaking the Nation and the States have no +"rights" but only the duty to exercise certain powers in the protection of +the liberties of the people. + +In America the rights of the people are supreme. The state exists for man, +not man for the state. + +To gain substantial results we must rely largely upon the industry and +enthusiasm of the instructors. We are sure they will realize that in the +"upbuilding of the spirit" a proper atmosphere must be created and +maintained. Doctor Steiner wisely said, "Religion cannot be taught, it +must be caught". In other words religion is of the spirit; so is +patriotism. _Always bear in mind that in presenting the Constitution we +are teaching human rights under the Constitution._ + +It is more than a century since the Constitution was ratified, and, so far +as we have knowledge, this is the first direct attempt to translate its +guaranties into the language of the ordinary man, woman, and child. We +demand respect for, and loyalty to the Constitution, but the truth is that +the ordinary citizen has no knowledge of the relation of the Constitution +to his life or to the life of his children. + +THE AUTHORS + + + + + +I. THE JUDGE'S FIRST TALK + + + Reasons For The Study Of The Constitution Of The United States + + +For several days there had been an air of expectancy about the school. At +Monday's assembly the teacher had announced that she had persuaded Judge +Garland to come to talk to the teachers and pupils about the Constitution +of their country and about the law, the rights, the powers, and the duties +of the people. A real live judge was coming! Most of the children had +never seen a judge. The word inspired a sort of dread. They had read of +men being sentenced to prison. They expected to see a fierce, hard-hearted +man. Some of the younger children had wondered if it would be possible to +stay away from the assembly room when the judge was there, but the teacher +said that everyone should be present. So important was the subject that +the teachers were to be there, too; and many fathers and mothers that +could spare the time were also invited. The principal had said that he +would not miss a meeting. + +So when Friday came the assembly room was crowded. All the pupils and +teachers were there, and in the rear of the room were a few of the +parents. The door opened and the principal of the school entered. By his +side was a man whose gray hair and serious countenance told of years of +responsibility. He did not appear "fierce". Rather his face was kind and +his eyes twinkled as he ascended the platform and stood looking out over +the faces before him. + +The principal introduced Judge Garland who bowed and began his series of +talks to the children. + +Well my friends, I am glad to see you. I am delighted to be back in a +school room again. It is many years ago, though it seems but a short time, +since as a schoolboy I sat in a school room like this, among boys and +girls like you. I suppose that I studied about as you study, and did not +recite any better than you recite. I thought I had to work very hard, and +I remember that I often looked out of the open window of the school room +when the summer sun was warm, and I thought I could hear the trees, the +grass, the stream, and even the fish calling me to quit study and come out +to joy and freedom. I know it was a real temptation. I could have had a +good time, but I have often been glad since that I obeyed my teacher, my +parents, and the law, and continued my studies in school. I am glad, +because I now realize how much easier, how much happier, and how much more +useful my life has been because I did not listen to the voice of +temptation which called me from work to play.(1) + +Since those pleasant school days I have seen much of human life. On the +bench now for over twenty-five years, I have been compelled to deal with +all sorts of people, even the little children who early in life sometimes +drift from the path of right to ways of wickedness. I have served as judge +of the Juvenile Court, and judge of the court in which the worst criminals +are tried. I have heard the cases of thousands of persons on trial for +crimes, men and women, young and old. I have sent hundreds to prison, and +I have been compelled to sentence some to death. + +In this experience, I have learned something of how easy it is, unless we +are on our guard, to sin against the laws of our country, and against the +laws of God. I have observed that the average person does not fully +appreciate the value of liberty until he is about to lose it.(2) + +I also know that most people do not know the worth of the protection which +our Constitution gives to each one of us, until someone is about to take +away their right to life, or to liberty, or to property; and then they cry +out for help. If they are right in their appeal, they always find help in +the Constitution and in the law of the land. Yet it is true that there is +much real ignorance about our country, our Constitution, and our laws. +There is even much ignorance of these things among people who are supposed +to be well educated. + +So I was pleased when your teacher came to me the other day asking me to +come to your school a couple of times a week, to talk to you about our +country, our Constitution, and our laws. I am happy to be able to comply +with her request. It is a difficult subject for children, yet children +must study these things, and learn them. There is no more important +subject.(3) + +One of the chief objects of furnishing free education to children, rich +and poor, is to make of them good law-abiding citizens; citizens who know +what authority is; citizens who will obey the voice of authority; citizens +who realize that authority in this country rests in the people themselves; +citizens, men and women, who realize that they owe a duty to their country +and their fellowmen to do all they can to keep America the most free and +the most just country in the world.(4) + +No American child should leave school without a full knowledge of the +government of our country; nor until he has in his heart loyal devotion to +America, and to the Stars and Stripes, the emblem of the free. + +Of course I do not expect you to learn all there is to be known about your +government. However I do expect you to know the great fundamental truths +which after all are very simple and easily understood. + +I am not endeavoring to make lawyers. I am not trying to train you to +become lawyers. You know nearly all the children in the American schools +have to learn something about physiology and hygiene, but not in order to +become doctors. They study physiology and hygiene in order to understand +the ordinary rules of health, so that they may protect themselves as far +as possible against disease and take care of their bodies intelligently. +Of course sickness will come. Then you must call the doctor. + +Well, so it is in this course. I want you to know enough about your +government, your Constitution, and your laws--because these things are +yours--so that you, as members of this great society called America, will +be able to understand your rights and duties, your privileges, your +opportunities, and your obligations. Sometime in your life your problem +may become so difficult, or your rights may become so endangered, that you +will have to call upon a lawyer, just as when illness comes you call upon +your physician.(5) + +No one knows anything of real worth about his country until he knows its +Constitution. No one can have in his heart a full measure of gratitude for +the blessings of living in a free country, until he knows of how fully the +Constitution guards every right and privilege which we hold dear. So we +shall enter upon the study of the Constitution of our country. + +But in order that you may better understand the Constitution of your +country, in order that you may better study the problems which will be +presented to you in this course, it is necessary for you to understand +something, in a general way at least, of four separate +things--_Government_, _Liberty_, _Authority_, and _Law_. So before talking +to you of the Constitution, I shall talk to you on these subjects.(6) + +I know it will not be easy for you at first to understand some of the +words and expressions which it is necessary for me to use. It will be +necessary for me to repeat to some extent, from time to time, but I feel +satisfied that if we will work together in the right spirit, you will find +the matter interesting; and I am sure that the great truths, the great +principles of life, conduct, and action will soon become clear to your +minds. + +The important thing to realize at all times is that we are not talking +about something away off in which we have slight interest, but that we are +talking of things which are ours, which affect every one of us, not in the +future, but now. + +I can recall a number of faces of men who have been before my court +charged with crimes, who in childhood were sitting where you are sitting +to-day. I have sentenced some of them to long terms of years in the +penitentiary. I was compelled to take away from them their liberty, +because they had shown themselves unworthy, and had shown themselves +rebels against the authority of their country. + +On the other hand, I recall those who came into court seeking protection +of their rights against wrongdoers--against those who would take away their +property, the earnings perhaps of a lifetime; and in court they found +protection, justice, and right. But in administering justice and right, +the court was only applying the principles of the Constitution of our +country which we are about to study. + +So let us enter upon this work with a determination to succeed in our +undertaking. You know that has a great deal to do with our success in +life--a determination to succeed. + +When you boys take your baseball team to play the team of some other +school, you start for the baseball park determined to win the game; and, +if you keep up this spirit, you probably will win the game. In any event, +you play a real game of which your friends are proud. That is the way to +meet all the problems of life, whether in the school room, or out in the +world after you have entered upon the great battles of life. + +ELEMENTARY QUESTIONS + +1. Did you ever see a judge? Would you be afraid of a judge? Why? + +2. What are the duties of a judge? + +3. Why did the judge say, "But I have often been glad since, that I obeyed +my teacher, my parents, and the law, and continued my studies in school"? +Why do boys and girls go to school? Why is the public willing to pay large +sums of money to pay teachers, buy books, build school buildings, and keep +them open? + +4. What law was it that the judge said he was glad that he had obeyed? + +5. Why did the judge send hundreds to prison? Why was he compelled to +sentence some to death? + +6. What are the advantages of staying in school? What more do you know +when you graduate from elementary school than those who quit earlier? +Should one try to graduate from high school? Why? + +7. The judge says that one of the chief purposes of school is to make +good, law-abiding citizens. Think of some person you know who is a "good, +law-abiding citizen"; think of some one who is not; name five ways in +which they are different. + +8. Have you read the Constitution of the United States? Should a good, +law-abiding citizen know what is in the Constitution of the United States? + +9. The judge says that we owe a duty to our country. List five duties that +a school pupil owes to his father and mother, five that he owes to his +teacher, and, if you can, list five duties that all of us owe to our +country. + +10. The judge says that the Constitution guards every right and privilege +that we hold dear. Can you name any rights or privileges that you hold +dear? + +ADVANCED QUESTIONS + +A. Why do we say that the United States is the "land of the free"? Why +does the judge say that it is the most free and just country in the world? + +B. How are judges selected? To whom are they responsible? What are their +duties? + +C. What are likely to be the results of poor schools? + +D. Should a parent have a right to give a child as poor an education or as +little schooling as he may desire? + +E. Why do some States require children to study physiology and hygiene? Is +there as good an argument for a study of the Constitution? + +F. Why does the judge say, "No one knows anything of real worth about his +country until he knows its Constitution"? + +G. The judge says that good citizens know what authority is. Give an +illustration of a child, a student, and a citizen who knows what authority +is. Define authority. Give an illustration of a man who does not respect +authority. + +H. When is a country a "free country"? What is a "just country"? How can a +judge justify himself in a free country when he sends some men to prison, +thereby taking away their freedom? + +I. How can an American protect his liberties? What steps must he take? + +J. Prepare a paper on one of the following subjects: + + + The Advantages of Staying in School + + One Law-abiding Citizen That I Know + + What One Man I Know Knows About the Rights and Privileges of the + American Citizen Under the Constitution. + + Why Everyone Should Study the Constitution + + What a Law Is, Where It Comes From and Its Value + + + + + +II. GOVERNMENT + + + The Purpose And Origin Of Government Among Men--In The United States + + +It is a little difficult even for grown people to understand clearly what +is meant by "the government". They have so many absurd notions about what +the government is, and where it is, that I do not wonder that children do +not understand. If I could look into the mind of each child here this +morning, I am sure I would find many that picture the capitol at +Washington, the President, or some other officer as being the government. +Now the capitol and the President and the Congress and the Supreme Court +of the United States and all other National officers are part of the +government, _but they are not the government_.(7) + +The government of the United States is merely the agency by which and +through which the people protect their own rights and liberties. Our +government may be said to be the organized will of all the people. The +people govern in this country, and the men and the means by which they +govern all combined may be said to be the government. But do not ever +forget this fact: the President is not a master, but a servant. The +President, Senators, congressmen, and judges, in the Nation; the +Governors, State Senators, and State Representatives in the States are +only agents or servants of the people to carry out the people's will. Also +do not forget that the power of government does not rest in Washington, +the capital of the Nation, nor at the capitals of the different States. +The power of government exists all over these United States. The power of +government exists right in the homes and hearts of the people.(8) + +The President has no power except that conferred upon him by the +Constitution and the laws which the people have adopted. Neither have the +Senators, the congressmen, nor the judges any power except that given by +the people, and the people at any time can take away any part of the power +given. When I say the people, I mean of course all the people. Not that +all the people must agree to any law to have it enacted. The majority of +the people make the laws as a rule. We shall take this up later and +consider it fully. Government is power to exercise authority. Authority is +in the people, and the authority of the people is expressed as they want +it in laws which they make. + +But what is government for? Why have any government? + +Government is organized to protect human rights.(9) Perhaps if you were a +giant possessed of wonderful wisdom you would not need any law to protect +your rights because you would be big enough, powerful enough, and wise +enough to resist any person who might undertake to interfere with your +rights; but we are not all giants and we are not all wise. In fact there +are very few giants in the world. It is true, however, that some are +bigger and stronger than others; and sometimes these big, strong people +are selfish, wicked, or envious. They see that a weaker person has +something which they want, and being big and strong, if there were no law +to restrain them, they would take it. + +Now if you have a bicycle and some full-grown, strong, brutal man were to +come into your yard, take your bicycle, and start away with it, what would +you do? You might protest. You might beg him not to take your property, +but this would probably do no good. A thief does not stop when he is asked +to by the owner of the property he is stealing, nor is a thief influenced +by the fact that his act is wrong. In fact doing wrong is the business of +a thief. + +So there being many strong people in the world and many weak people, many +wise people, and many simple people, the full grown and the children, and +many, many people who are not guided by rules of right or morality or +justice, you can see how necessary it is that someone shall provide rules +and regulations under which the weak, the simple, and the young may be +protected from the strong, the brutal, and the wicked who would deprive +their neighbors of their rights or their property, simply because they had +the power to do it. This is what the government does. + +There have been times in the world, hundreds and thousands of years, +during which the strong governed the weak, made the weak their slaves, +took from the weak the earnings of their toil; but our government exists +for the very purpose of restraining the strong and protecting the weak, so +that their rights are equal. Every man is free and no man is a slave. + +Therefore always keep in mind that the purpose of government is to protect +the people of all classes and ages so that, so far as possible, all may be +equal in their right to do the things they want to do, own the things they +want to own so far as they are able to produce or procure them, think the +things they want to think, and speak the things they want to speak. In +other words, _government is to protect our freedom against the wrongs of +others_. + +Now we must not have the notion in our mind that the government has +anything to do with who shall work, or who shall play, or who shall idle. +Occupations in life are not selected by the government. Each person +determines this for himself. That is one of the privileges which we have +in a free country, to select our own occupations; and as you go through +life you will find that what appear to be the higher or better occupations +are usually earned by industry, faithfulness, and honesty.(10) + +I am going to talk to you some day about occupations in life so that you +will understand that our place in life is selected by ourselves, +determined by our efforts and our conduct. I want you to start out in life +with such a knowledge of these things that you will never blame your +country if you do not like your job. + +_But how did our government come into existence? What was the beginning?_ +Well, it is all very simple if we only get right down to elementary +principles, if we only "begin at the beginning". Perhaps your father is a +Woodman, or an Odd Fellow, or a Knight of Columbus. Perhaps he is a member +of the American Federation of Labor. Perhaps your mother belongs to the +Eastern Star, or the P. E. O. society. Perhaps you belong to some school +fraternity, debating society, or neighborhood club, the Boy Scouts, or the +Camp Fire Girls. + +Now let us go back a few years. None of these societies were in existence. +Where did they come from? One day, years ago, a few men and women, or boys +and girls, met perhaps in some home, or the office, and talked over the +plan which perhaps had been suggested by some one present at the meeting. +After discussion, it was decided to form an organization. I have no doubt +that most of you have had such an experience. The beginning of each +society was merely an idea in the mind of some one. He or she talked of it +to some one else, and the discussion extended until enough of interested +persons came together to complete an organization and give it a name. + +What was the first step in perfecting the society or organization? It was +the preparation of a written statement of the purposes and principles of +the organization, which is usually called a constitution. When the +constitution was completed, usually by a committee, all those about to +become members of the society met and talked it over. Changes probably +were made and the constitution finally adopted. Probably some voted +against it, but those who did vote against it recognized that they should +be bound by the judgment and will of the majority.(11) + +Laws, or by-laws, as they are generally called, were then adopted to +govern the conduct of the members in their relation to each other and to +the society. These by-laws have been amended from time to time ever since, +and perhaps at all times some of the members have believed that the +by-laws should be different, but they have submitted to the will of the +majority. + +So with the United States. There was a time less than one hundred and +fifty years ago when there was no such thing on earth. A comparatively few +men, representing the people of the former colonies, decided to form a +Nation, and in the Constitutional Convention after months of discussion, +the Constitution was adopted, and it was finally ratified by the people of +the States. While many persons opposed some of the provisions of the +Constitution, all submitted to the will of the majority. + +Thereafter, rules of conduct called laws--in your society by-laws--were +adopted, and from time to time changed and extended as circumstances +seemed to demand. We are going to talk about these laws in a few days. + +But _there is the whole story_. There is the simple beginning of this now +great Nation, the most powerful on earth. + +So you see there is nothing mysterious about the origin of our +Constitution. There is nothing mysterious about the origin or the +organization of this government. The important thing to bear in mind is +that it was formed by the people for themselves. Humanity, after thousands +of years, had reached a point where they refused longer to be governed by +a king or similar ruler. + +All this will become more clear to you as you understand something of the +nature of liberty and of law. + +ELEMENTARY QUESTIONS + +1. What is the government of the United States? Why isn't the capitol at +Washington the government? Why is it impossible to point out the +government of the United States upon the map? + +2. What is a servant? Describe a servant. Why does the judge say that the +President of the United States is only a servant of the people? + +3. Was the Kaiser a servant of the German people? Why not? + +4. Where does the President get his power? Where do members of Congress +get their power? Judges? The Sheriff? The Mayor? + +5. If we do not like what our servants do, how can we control them? + +6. What is government in a school? In a club? What would it be like if +there were no government in either? Name five advantages of having a +government. + +7. Suppose that you were like Robinson Crusoe, except that five of you +were shipwrecked. Would you form a government? Why? + +8. If you were tie write a constitution, what would you include? + +9. Suppose that a man came into your yard and tried to steal your bicycle, +what could you do to protect your rights? + +10. Do all people do what they think is right? How can you tell what is +right and wrong? + +ADVANCED QUESTIONS + +A. What is the purpose of government? + +B. Why is it wrong for the great and powerful to govern the small and +weak? Does might make right? + +C. Which would be the better government, one based upon might makes right, +or one based upon right makes might? Why? + +D. How can right make might? + +E. In a free country can the government prescribe what occupations in life +the people must follow? How are the higher and better occupations acquired +in America? + +F. How did the American government come into being? + +G. How would you organise a literary society? List the steps in detail. +Would you have a constitution? What should be included in any +constitution? + +H. Discuss the effect of a sudden breakdown in government. + +I. What were the first steps in the actual organisation of the government +of the United States? + +J. Write a paper on: + + + The Ways in Which the Postmaster, Superintendent of Schools, + Sheriff, Coroner, or Judge Serves the People + + Why We Cannot Locate Our Government On the Map + + The Advantages of Having a Government + + What a Constitution Should Include + + + + + +III. LIBERTY + + +Definition Of Liberty And The Historical Background Of The Struggle For It + + +I hope that we now all understand that the purpose of government is to +maintain the liberty of the people. I wish that every child would learn +from the Declaration of Independence the following: + +"_We hold these truths to be self-evident, that all men are created equal, +that they are endowed by their Creator with certain unalienable Rights, +that among these are Life, Liberty and the pursuit of Happiness. That to +secure these rights, Governments are instituted among Men, deriving their +just powers from the consent of the governed._"(12) + +This expresses the whole purpose of government--to secure the right to +life, to liberty, and to happiness. + +I suppose every child here would like to be rich some day. A great many +people feel that riches bring happiness. The experience of men, however, +is that riches more often bring disappointments, burdens, and grief. + +_What is the most valuable thing in the world?_ It is not money, lands, +nor jewels. The most valuable thing in the world is human liberty. I do +not believe that we, born here in America, realize the value of human +liberty. It comes to us as a heritage. We accept it as we accept the +sunlight, the springtime, the harvest. I am afraid that we seldom stop to +recall the fact that the great blessing of human liberty, as we have it +here in America, did not exist before our Nation was born. Always remember +that there were thousands of years before our country came into being, +when the people, men, women, and children living in many countries of the +world and under many forms of government dreamed, hoped, and prayed for +freedom. But it never came to them. They lived, labored, and died under +kings and emperors, or other rulers, never having any power, or at most +very limited power, in making the laws under which they were compelled to +live.(13) + +To a considerable extent the history of the world is a sorrowful story of +men who fought and died in struggles for liberty, the same liberty which +we in this country enjoy. We must not forget that freedom in this Nation +was obtained only through war, bloodshed, and sacrifice. + +Now what is this liberty for which men have fought and died? It is liberty +of thought, liberty of speech, liberty of conscience, liberty of action, +liberty, as the Supreme Court of the United States says, "of all the +faculties". Men wanted the right to form their own opinions and to express +them in speech or in writing. They wished to worship God according to the +dictates of their own consciences, and not as directed by the ruler of the +government. They wanted to work in employments of their own choice, to +have their own earnings for themselves and their families, instead of +having it taken as tithes or taxes to buy purple robes for some monarch +upon a throne. They wanted the right to own property, to own a home; and +they hoped and prayed for the day when their children might have a chance +to advance in life according to their merits. They hoped some day to have +the door of opportunity open to the son of the poor man as well as the +rich. They hoped to see class and privilege wiped away.(14) + +These were the things that men and women throughout the centuries +struggled for, but which were never attained in the whole history of the +world, by any race or by any nation, until America opened its doors to all +the peoples of the earth, guaranteeing to them all the blessings which had +been so long denied to the human race. + +You will understand better the functions of government with relation to +human liberty if you will realize that human liberty is a natural right. +It comes from no man and no government. It is "God given". Men are born +free. The love of freedom is in every human heart. Again recall the words +of the Declaration of Independence--"all men are created equal ... they are +endowed by their Creator with certain unalienable Rights", among which is +liberty. + +America does not confer liberty upon the individual. America realizes that +the individual possesses the right to liberty, and the whole structure of +the American government is framed with the special purpose of protecting +each individual in his natural liberty.(15) + +Now there is no danger to the liberty of any one except from two +sources--the wrong of a fellowman, or the wrong of the government, which in +this country is a mere organization of men and women and children. Here we +see emphasized the necessity for law in order to protect the liberty of +the individual. Government is organized to protect individuals in their +liberties. This protection is furnished by laws enacted by the people to +protect the weak against the strong, the good against the evil; and in +this country the same law applies to every individual. There are no +special laws for special classes; every one is equally interested in +having these laws as just and fair as possible. Liberty under law is the +privilege of doing everything one wishes to do, except in so far as his +acts may interfere in some way with like privileges of those who are about +him in society. + +Therefore always keep in mind that the great achievement of those who +founded America was the establishment of a Nation where liberty would have +a home. Of course liberty could not be fully established in this country +until the Nation was fully established, until the Constitution was +adopted, until laws were enacted; but from the adoption of the +Constitution to the present time the people have enacted laws from time to +time, and still enact laws, the better to protect every man in his liberty +and to enlarge his opportunities in life. + +Now in order to understand clearly how the liberties of the people are +protected through our government, we must understand the nature and form +of our government; and this subject we must take up at our next meeting. + +ELEMENTARY QUESTIONS + +1. What is your idea of the right to "life"? Does it mean that no one +shall ever be sentenced to death for murder? + +2. What is your idea of the right to "property"? Does this mean that +everyone shall be wealthy? Does it mean that everyone shall own his own +home? + +3. What is your idea of the right to "pursuit of happiness"? Does this +mean that everyone can do as he pleases? + +4. Why does the judge say that liberty is the most valuable thing in the +world? What would you trade for it? + +5. Note the dangers to liberty that the judge points out. What are they? + +6. Give an illustration of each of these dangers. + +7. How may we protect ourselves against these dangers? + +8. Where does this liberty that we enjoy come from? Who grants it? + +ADVANCED QUESTIONS + +A. In what particular ways does the Constitution of the United States +guarantee liberty? + +B. What forms of government existed before the United States? What +liberties did the people of Russia, or France, or England enjoy in 1600? + +C. Who really possesses the power of government in the United States? + +D. How is the liberty of the individual protected in the United States? + +E. In what ways were the people of Massachusetts in 1650 not as free as we +are to-day? + +F. What does it mean when we say "all men are created equal"? + +G. Discuss the real meaning of the right to "Life, Liberty and the pursuit +of Happiness". + +H. Write a paper on: + + + Ways in Which We Have an Equal Chance + + How We Can Make Chances Still More Equal + + "I hope to see the time when every American citizen will have an + unfettered start and an equal chance in the race of life."--Abraham + Lincoln + + The Meaning of Liberty + + A Week in a Land Where There Is No Liberty + + + + + +IV. AMERICA--A DEMOCRACY + + + The Spirit Of Democracy Developed Under The Constitution Of Our Country + + +It is not sufficient that we shall know what government is and where it +is. We must also understand its nature. It is the proud boast of America +that it is a democracy, the first real democracy in the world. Now what is +meant by a democracy? We hear much about democracy, and we hear much about +republicanism, and many people when they hear or see these terms think +that it has to do with the Democratic or Republican political party. We +must not be confused. We must see and think clearly. Democracy and +republicanism, as we use the terms in these talks, have no reference to +any political party, but relate solely to the form of government under +which we live. + +America is a democracy. It is also a republic, as we shall see in our next +talk. It is very important that we shall understand why it is a democracy, +and why it is also a republic, and the distinction between the two. + +It has been well said that republicanism in government "refers rather to +the form of government", and that democracy refers to the "spirit of +government". In government as with the people the spirit is the real, +important thing. In a democracy the people govern. "A government of the +people, by the people, and for the people", as Lincoln expressed it, is a +democracy. In a democracy no man is the master of another man without his +consent. In a democracy there are no slaves. In a democracy each and all +have equal rights. Every one in a democracy has an equal opportunity with +every other person.(16) + +You have already learned that in this country the people make the laws. In +the making of laws the banker and the man who digs in the sewer have the +same power. Each has one vote on election day, and no more. America has no +rulers except the people. In a democracy the spirit of all should be one +of toleration and kindness. All of us cannot have things just as we want +them in this world. Men do not all agree, so we must let the majority of +the people rule. But the majority should not have any feeling of +superiority. The majority should be inspired by a sense of justice and +charity toward their fellowmen. In fact a democracy is a brotherhood in +which each person should think, not only of himself, but of his neighbor. +In this democracy the more we think of the rights of our neighbor and the +more we think of our duty toward our neighbor, the better will our +government be. + +In a democracy we live in the belief that all men are created equal, that +all through life they are equal in their rights, in their duties, and in +their privileges. I do not mean of course that all men are equal in +physical strength, because you who run and wrestle every day know that +some are stronger than others. I do not mean that all are equal in the +powers of the mind, because some of us here this morning, even some who +study hard, know that other pupils get higher marks in every examination. +Nor do I mean that all are equal in wealth, in health, or in comforts. + +What I mean is, that so far as life and liberty are concerned, in our +rights under the law, in our protection under the law, we are all equal. + +In a democracy the people make the laws, and the people enforce the laws. +As we shall hereafter see, every man who takes part in making a law, and +every one who aids in enforcing the law is selected by the people. But the +great thing about a democracy is the spirit of the people--the feeling of +the people toward each other. Pride of wealth, position, race, or creed +has no place in a democracy. Every person should feel sympathy and charity +for his neighbor, and for his neighbor's problems in life. + +We should all be willing to help those who may be less fortunate. We +should all endeavor to make our neighbor's life as easy as possible. + +A democracy cannot be a government by groups: it must be a government by +every one. + +Now I do not mean to say that we in this country all have the proper +feeling toward our neighbor. We are not all good citizens of a democracy. +Many people have pride, selfishness, and hate. Many people do not seem to +care how the rest of the world lives. Such people are not worthy to have +the privileges of living in a democracy. Many people are also ignorant in +matters of government. They do not seem to care what kind of a government +we have. In fact many people will not vote on election day. It is because +of pride, selfishness, hate, ignorance, and indifference that I am here +talking to you to-day. This is a wonderful government, but it can be made +much better, with more freedom and more justice, if the people will only +learn more about their power and their duty, especially if they will only +cultivate the right spirit--the spirit of America, the spirit of justice, +humility, kindness, and charity. + +"Love thy neighbor as thyself" is not only a Christian duty, but it is the +foundation of social life in a democracy. You will find when you become +acquainted with life that success in life does not depend upon money, +clothes, nor social position, but that in this American democracy real +merit wins. More and more are we learning every day that true happiness +comes only from service, service to humanity, service to our country, and +this spirit of service must be developed in childhood, and expand as we +grow to manhood and womanhood. + +That was a nice thing you did the other day, here in this school, when you +put your pennies and your nickels together, bought a ton of coal, and sent +it to the widowed mother of one of your schoolmates who had been sick for +several weeks. He is just a poor Polish boy; but when in health he ran +errands before and after school. This helped to support his mother and his +little sister. I am sure that he thinks of you every day; and that he +often thanks God that his father, who died last winter, had the courage to +leave the old home in Poland and come to America where there is a chance +for the poorest and the most obscure. + +I told you a while ago that this is the first real democracy in the world. +So few people stop to think about this. The world is thousands of years +old. Humanity in all these thousands of years has been made up of men, +women, and children just like us. They hoped for, and dreamed of freedom, +but until America became a Nation no government in the world had ever been +a real government by the people. They had always been ruled by a king, a +queen, an emperor, by some other ruler, by a small group of men who were +rulers, or by a certain class. Your father may be a blacksmith, or a +street sweeper, but on election day he can vote. Up to the organization of +this government no such right existed anywhere in the world. In some +countries, a few men who owned a certain amount of property could vote; +but the wise men of the world sneered at the American plan to give every +man the right to vote whether he owned a dollar's worth of property or +not. + +Always remember this, too, that even when America became a Nation, the +right of all the people to vote was not granted at once. Many of our +States for many years required that a voter must have a certain amount of +property. Finally this was all wiped away. America has been a growth, each +generation doing a little more to expand the power of the people, and this +growth, this expansion must continue. We are still a young Nation and we +all have much to do to aid in making this democracy a better place in +which to live. + +When you hear of other democracies now existing in the world, remember +that America has been their guide and inspiration. Men came from France to +help fight our revolution, and carried back with them the spirit of +America. In time democracy was established in France. So with all the +countries in the world which to-day have a greater or less degree of +democracy, to them all, America has been a beacon light, a source of +courage and of inspiration. Did any of you ever see the great Statue of +Liberty at the entrance to the New York harbor? If you did, you saw that +grand figure looking out to the east over the great expanse of water, +holding aloft the great torch which in the darkness of the night is aglow +with light, the great flaming torch, which is emblematic of America +enlightening the world. + +ELEMENTARY QUESTIONS + +1. Which was the first real democracy to be established in the world? + +2. What is a democracy? What is the difference between "democracy" and a +"Democrat"? + +3. Who governs in a democracy? + +4. In a democracy, who makes the laws? + +5. How is power in government expressed in a democracy? In America, does +one man have more power than another? + +6. How many times can a person vote on election day? + +7. Suppose Congress or the legislature in our State passes a law that we +do not like. Do we have to obey it? What can we do about it? How can we +secure a change in the law? + +ADVANCED QUESTIONS + +A. What does "government of the people, by the people, and for the people" +mean? + +B. What is the proper spirit of people who live in a democracy? + +C. What is meant by "the majority of the people rule"? + +D. What would happen if the minority should rule? Lincoln said that this +meant anarchy. Why? + +E. Does the minority have any rights? Should the majority pay any +attention to them? Why or why not? + +F. Who enforces laws in a democracy? + +G. Why is it said that the best way to get rid of a bad law is rigidly to +enforce it? + +H. What is the result of not casting your ballot on election day? + +I. It is a fact that from election to election there is an increasing +percentage of the qualified voters who do not vote. What is the danger of +this? What is it likely to lead to? + +J. Write a paper on: + + + The Meaning of Democracy + + The Danger of Not Voting + + Why It Is Right that Women Should Vote + + Why We Fought to Make the World Safe for Democracy + + + + + +V. AMERICA--A REPUBLIC + + + A Representative Form Of Government Under The Constitution + + +As I stated to you in our last discourse, America is a democracy, but it +is also a republic. It is a democracy in its spirit and the power of its +people, but in the mode of exercise of the power of the people it is a +republic. We often hear America referred to as a "representative +democracy". If America were merely a democracy there would be no fixed +method for expressing the wishes or the power of the people. In a pure +democracy, people having full power would naturally assemble from time to +time to decide by the vote of all those present what should be done for +the public good. + +You will hear of the "town meeting" which even to-day in some parts of New +England is held from time to time, where the people assemble, and by vote +decide matters of public concern. + +But this is now a Nation of more than one hundred and five million people. +We have forty-eight States, many of them very populous. When the +Constitution was adopted, there were only about 3,900,000 people in all +the States; but those who framed the Constitution looked into the future +and could see something of the wonderful growth of the Nation which they +were planning. Of course it is easy for anyone to see that in a large +country like this, with a large population or a population as large as it +was at the time when the Constitution was adopted, it would be impossible +for all the people to assemble in a meeting to vote directly upon the +passage of necessary laws, or to provide for taxation, or to conduct the +general business of the State or the Nation. You can see how absolutely +impossible it would be in these days to have the people of the United +States assemble at the National capital to vote on any law, or to make any +appropriation, or to provide rules for exercise of governmental power. + +Therefore you can readily see that the founders of this country very +wisely realized that the only government possible would be what is known +as a representative government, a democracy where the people would have +all the power, but a republic wherein the people would express that power, +not directly, but through representatives or agents chosen by them.(17) + +The government of the United States and that of each of the States is +sub-divided into three parts: the executive, represented by the President +or the Governor, the legislative, represented by Congress or the +legislature, and the judicial, represented by the courts. + +Now the President and the members of Congress, including the Senate, and +the judges of the courts are all merely representatives of the people +chosen by the people to carry out the will of the people. The position and +powers of all of these representatives of the people are fixed and defined +by laws enacted by the people. + +As we shall hereafter find, the first law of the Nation, the foundation of +all laws of the Nation, is the Constitution of the United States, which in +the long ago was adopted by the people of thirteen small States. + +Our form of government therefore is representative. That is to say, the +people choose their representatives to do the business of the country for +the people. Laws are voted for directly by members of Congress and the +Senate of the United States, or members of the legislatures of the States; +but these members of Congress, Senators, and legislators are selected by +the people, and in voting for laws they are expressing the will of the +people who voted for them. They are elected for a short term of years, so +that in case any one of them should not, in his vote upon any law, carry +out the wishes of the people who elected him, they may at the next +election select someone else in his place who will better represent +them.(18) + +The important thing to bear in mind in relation to this government +organization, with all the officers now necessary to do the business of +the people of this great country, is that these officers--executive, +legislative, and judicial--are not the government; the government rests +with the people, and these officers are merely servants of the people, +subject to the will of the people. + +It has been well said that government in a democracy is organized public +opinion. Public officers, representatives of the people, have only the +power which the people give to them. In many of the States of this +country, in the enactment of laws, the people by law make provision by +which the people themselves have the power to reject laws enacted by their +representatives of which they do not approve. Under the "initiative" and +"referendum" in some States, the people retain the power to direct their +legislature to enact certain laws. Also laws made by the legislature may +be voted upon by the people for final approval, if desired.(19) + +The important thing first to be learned is that in this democracy the +government is in form a republic, because the laws are enacted and +enforced, not by the direct vote of the people, but by the representatives +elected by the people. + +The power of the people always continues. A law may be passed by one +legislature, or one session of Congress, and may be repealed the next. Any +law upon the statute books may be changed from time to time, in response +to the changing sentiment of the people. + +We are inclined to consider the term "representative government" as +relating particularly to the enactment of laws, but this is a +representative government not only in the making of laws, but also in the +enforcement of laws. I want you to realize early in life that every +citizen has a responsibility for enforcing laws as well as for making +laws, and that for any failure or omission in the making of laws, or in +the enforcement of laws, the people must bear the responsibility. + +ELEMENTARY QUESTIONS + +1. In what respect is America a republic? + +2. What is the difference between a republic and a Republican? + +3. What was the population of America when the Constitution was adopted? + +4. Why was it impossible to have all the people assemble to adopt laws? + +5. What is meant by a representative of the people? + +6. Suppose a representative does not represent the people as they wish. +What can they do about it? Give illustrations. + +7. Into what parts is the government of the United States divided? + +8. How are the powers and duties of representatives of the people defined? +Why does the judge say that the people really have the power and that this +power continues? + +ADVANCED QUESTIONS + +A. What is the fundamental law of the United States? Why is it +fundamental? + +B. How can we say that the people have power in lawmaking, when we know +that the representatives make the laws? + +C. How can we influence the votes of our representatives? + +D. If you know that your representative is likely to vote against your own +wishes, what can you do about it? + +E. How soon may a law be changed after it has been passed? + +F. What is meant by "initiative, referendum, and recall"? How have they +worked out in practice? + +G. Write a paper on the following: + + + The Difference between a Democracy and a Republic + + How the Public Can Make Their Representatives Represent Them + + Why America Could Not Do Without Representatives + + The New England Town Meeting + + + + + +VI. LAW + + + Necessity For Rules Of Human Conduct For Guidance And Restraint + + +This morning I wish to talk with you about one of the most important +subjects in the world, the law; and strange to say, most people know very +little about it. + +Indeed I find that the average person feels that he does not need any +knowledge of the law, that the law is for lawyers, judges, and courts. + +Now the truth is, that there is scarcely any activity in life in which the +law does not play an important part. This is true from childhood to old +age, in every calling and every occupation in life.(20) The law is not +intended for any one class of people, but it applies to all classes of +people, the rich and the poor, the wise and the ignorant. It also applies +to all ages, to men, women, and children. + +_What is the law_, or what is a law?(21) There is nothing difficult about +it. A law is merely a rule of human conduct, a rule of conduct for human +beings which is enforced by the Nation, the State, or the city. There are +other rules of human conduct enforced by the parents, teachers, or +employers--those who have authority over others, those whose duty it is to +direct the conduct of others. + +Every boy knows that in his home his parents have certain rules, not +written or printed, but stated by his father or mother with relation to +his conduct about the home, about his school, or about his play time or +vacation, when he must go to bed, when he must arise, and with whom he may +associate, that he must not go in swimming unless accompanied by his +father, that he shall not go to the movies without the consent of his +mother, that he must attend Sunday school regularly, that he must not eat +with his knife, that he must be courteous to all persons, especially the +aged, that he must not play ball in the street, and a large number of +other rules and directions, all intended for the good of the boy. + +Then in school you find certain rules of conduct made by the Board of +Education or other officers, or adopted by the teacher. + +If a boy works in a store, he finds that his employer has certain rules: +the time when the store shall be opened and closed; that the boy shall +sweep the floor at certain hours; that he may go to lunch at a certain +time; that he shall not permit other boys to pass behind the counters, +etc. All of these are illustrations of rules of conduct for children, or +those under the control, authority, or direction of some older person. + +But older persons, the parents, the school officers, the teachers, the +storekeepers, and those of all other occupations are likewise subject to +rules, are under control and direction of the Nation, the State, and the +city, all having power to enforce rules of conduct, called laws, which +apply to the old and the young. Without such rules, such laws, it would be +impossible to maintain peace and order. Without such rules, called laws, +it would be impossible to protect the weak against the strong and the +wicked. + +This government being organized for the purpose of protecting the rights +and liberties of the people, it is necessary that laws be enacted in order +that our rights and liberties shall not be taken away from us by those who +may be stronger or wiser than we are. Many laws prohibit wrongful acts and +provide a punishment for those who commit such wrongful acts. Thus one who +strikes you without justification, one who steals your bicycle, or any +other property, one who breaks into your home, or into the store, a +burglar, is punished. One who kills another human being, a murderer, is +punished. A person who willfully sets fire to a building, or is guilty of +cruelty to animals, malicious mischief, or sells liquor is punished.(22) +So there are scores of different offenses forbidden by the law, and +punishments fixed for those who will not obey. + +There are also laws requiring that one shall ride or drive on the right +hand side of the street when passing another coming from the opposite +direction. + +There is generally in every city a law which punishes a person who rides +his bicycle upon the sidewalk. There are laws regulating the speed of +automobiles, the lights and signals, and the turning at the corners of the +street, so that other people either walking, or riding on bicycles, or in +automobiles or other vehicles, may not receive injury.(23) + +You know in this country, where every person is equal before the law, no +one person has any more right in the street than his neighbor has, and the +conduct of each in the use of streets and sidewalks and other public +places must be such that all may enjoy equal opportunities in the use +thereof.(24) + +Freedom, as already explained, does not mean a right to do everything we +wish to do. Freedom is the right to do whatever we may wish to do, +provided it does not interfere with the right of our neighbors to have the +same privileges which we claim for ourselves. + +Therefore, it is absolutely necessary to have laws fixing the conduct of +all persons; and it is necessary, in order to enforce these laws, to +punish those who will not obey them. + +_Who makes these laws?_ In America the laws are made by the people +themselves; that is, they elect representatives to serve in Congress, in +the legislatures of the States, and in the councils of the city, who make +the laws for the people according to the wishes of the people. This you +will understand more fully as you study this representative form of +government we have in this country. + +The people have the right to change any law now in existence, and may also +make such new laws as they think will better protect the people in their +rights.(25) + +_Who enforces these laws_, these rules of conduct? The rules of the home +are enforced by the parents. If you violate the rules of your parents, +they impose a punishment upon you. This punishment may not be severe, in +fact it should not be, unless your disobedience is continued and stubborn. + +If you violate the rules of school, the teacher or other school officers +have the right to punish; and if you violate the rules of your employer, +he has the right to admonish you, and of course if you do not obey, he +will discharge you and you will lose your place. + +Now the rules of conduct, the laws of the Nation, the State, or the city +are enforced in this country by the people, through their government, +through the courts, presided over by judges whom the people themselves +select for that purpose. Sometimes the punishment is severe, sometimes +mild. It all depends upon the character of the person who disobeys the +law, and whether the disobedience is stubborn or willful. Penalties are +imposed, not only to punish the wrongdoer, but as a warning to others, +that if they disobey the law, they too will be punished. + +In this country all laws imposing punishment for offenses are printed so +that every one may know what the law is; but it is not necessary that one +should study each separate law, because as a rule, your conscience will be +your guide against wrong doing. There are not many acts punished by the +State or Nation which are not morally wrong. The person whose heart is +right knows good from evil; and the person who really tries to do right +will seldom be guilty of violating any law. + +I do not expect you to learn all about the different laws. This is not +necessary. But I do expect you to understand enough about the law to +realize that we are all subject to authority; that laws are enacted by the +authority of the people; that laws are absolutely necessary, and that +without laws we should have no liberty. Above all, I want you to learn +that in this country the people make the laws, and I want you to feel +absolute confidence in the power of the people to make and enforce laws. + +I hope that you will acquire a spirit of confidence and faith in the +justice of the law, and learn that submission to the law is absolutely +essential in a government of the people and by the people.(26) + +But there are many laws, many rules of conduct, besides those defining +crimes, offenses, and the punishment of wrongdoers. + +I want to talk to you briefly about some of the laws which affect our +conduct in every day life, in matters not criminal. I want to impress upon +you how far reaching the law is as affecting every human being in his +daily conduct.(27) + +Suppose one of the girls here goes to the store to buy a piece of cloth. +How does she tell the merchant how much cloth she wants? She, without +doubt, will say that she wants one yard, or two yards, or three yards, +according to her needs. Now how much is a yard? Of course you all know +that a yard is three feet. I suppose you all know that a yard is the same +length in every city in the United States. We go into the store and ask +for a yard of cloth in any city in the country, with absolute confidence +that we will get for each yard, three feet in length. But how do we know +we will get three feet in length for each yard? How do we know what we +will get when we ask for a pound of coffee, or for a ton of coal, or for a +quart of milk? + +These weights and measures are nearly all fixed by law. When you come to +read the Constitution of the United States, you will find that there is +conferred upon the United States government the power to "_fix the +standard of Weights and Measures_".(28) + +The Constitution is the fundamental law of the land. This confers upon the +United States government the right to fix all standards of measurements +and all weights and measures of every kind. The United States government +has this power. It is not required to exercise the power, but it has the +power. + +The United States government has a National Bureau of Standards,(29) which +supervises weights and measurements, which cooeperates with the States, and +maintains uniformity, so that in every State, with reference to most +things bought and sold, the law fixes definitely the quantity or +dimensions. Without such laws you can see what a mass of confusion the +people would be in at all times. + +Severe penalties are imposed by law upon those who give short measure, or +short weight,(30) in order to protect buyers against those who might +defraud them. + +So you see how necessary law is to the simple transactions of life, and +how we are constantly relying upon the law in our daily transactions, to +protect us against wrongdoers. + +Then again, how do you know how much the silver dollar which you are +saving for Christmas is really worth? How do you know that one dollar is +as valuable as another dollar? How do you know that the paper dollar which +is in circulation is as valuable as the silver dollar? Well, here again +when you read the Constitution of the United States, you will find that +the people, when they adopted the Constitution, gave to the Congress of +the United States the power: + +"_To coin Money, regulate the Value thereof, and of foreign Coin_".(31) + +Congress, with this power, has enacted numerous laws with reference to the +coinage of silver and gold money, the printing of paper money, and fixing +the value of such money. How helpless the people would be without such +laws. + +Then how do you know that the dollar you received in change at the grocery +store is a real dollar? There are many counterfeit dollars made by +wrongdoers, by criminals who seek to profit by manufacturing money +themselves, sometimes so much like the genuine, that it is almost +impossible to detect the difference. There are counterfeit bills, and +counterfeit coin, which I dare say could not be distinguished from the +genuine by any person in this room. But there are laws enacted by Congress +providing very severe punishment for any person who makes, passes, or +attempts to pass, any counterfeit coin. For instance, if one shall make, +or pass, or attempt to pass counterfeit gold or silver coin, he may be +punished by five years imprisonment in the penitentiary.(32) Even for +making, or passing, or attempting to pass a one cent, two cent, three +cent, or five cent piece, a person may be imprisoned for five years. Any +one who makes a die or mold designed for the coining, or making of +counterfeit coins may be punished by imprisonment in the penitentiary for +ten years. + +These are severe penalties. Liberty is dear, and yet you can see how +absolutely necessary it is to have these severe penalties in order to +protect you, your father and mother, and all other persons from being +defrauded and wronged by the use of counterfeit money which is worthless, +but which most people cannot distinguish from the genuine. + +I suppose you watched for the letter carrier this morning. Perhaps you +were expecting a letter from a friend or relative. The letter carrier came +to your door. You did not have to walk to the post office. Perhaps your +friend lives one thousand miles away. How is it possible for you to +receive a letter in perhaps a couple of days from that far distant point? +Did you ever stop to think about it? Of course you say, "Well it came +through the post office". Yes, but the postoffice is only a part of the +great postal system of this country, which carries your letters from one +end of the land to another for the small amount of two cents; and we have +wonderful confidence in this postal service. We carelessly drop into the +mail box most important letters, often most sacred, but we have no doubt +that the letter will reach its destination safely.(33) + +How is it all possible? Well, again, in reading the Constitution you will +find that the people gave to Congress the power: + +"_To establish Post Offices and Post roads._"(34) + +This power has been exercised by the enactment of many laws by Congress +providing for post offices, letter carriers, postal clerks, railway mail +service, rural routes, and many laws severely punishing any one in the +postal service who willfully fails to perform his duties. + +Persons engaged in the postal service may be sent to the penitentiary for +stealing money from the mails, stealing a letter from the mails, for any +act of dishonesty, or failure of prescribed duty. How could the great +postal service of this country be maintained without such laws? How would +the people have the blessing of a great service of this kind without the +most carefully prepared laws made to protect the people? + +So I might go on giving numerous other illustrations of the laws enacted +by the people through their representatives, for the benefit of the people +themselves, for their comfort, their convenience, and their protection +against wrongdoers, who might deprive them of their property, or of things +still more sacred than property. + +I have only used these illustrations to impress upon you the great truth +that there is hardly any relation in life in which the law does not have +an important part. We should realize early in life that law is absolutely +necessary to guide human conduct, to restrain wrongful conduct, to punish +wrong doing, and thus to aid in protecting us in our right to life, +liberty, and property. + +These laws are not the judges' laws, nor the lawyers' laws; they are the +laws of the people, made for their benefit, worthy of our most earnest +support, calling upon us for loyal obedience, demanding our respect, and +inspiring our confidence. + +ELEMENTARY QUESTIONS. + +1. What is a law? + +2. By whom is a law enforced? + +3. Name an activity in life that the law has nothing to do with. + +4. Make a list of some of the laws that your father and mother make in +your home. + +5. Make a list of some of the rules of conduct found in school. + +6. Go to a store in your town. Are there rules of conduct for the clerks? +What are they? + +7. Who makes the rules in a home? In a school? In business institutions? + +8. Upon which side of the street must a person drive? Why? + +9. Who fixes the rules of measurement and weight? + +10. Suppose that you buy a ton of coal and find later on that you only +received 1500 pounds. Could you do anything about it? Why should the coal +dealer be punished? + +11. What would it be like if we had no laws at all? + +ADVANCED QUESTIONS + +A. In imposing punishment upon a wrongdoer, what elements does the judge +consider in fixing the amount of fine or the length of punishment? + +B. Why do we have our laws printed? What would be the dangers of having +secret laws concerning the nature and existence of which the people could +not obtain information? + +C. What is the distinction between a rule of conduct in the home and a law +of the land? + +D. List a number of laws and penalties in addition to those cited by the +judge. + +E. Why cannot one have liberty without law? + +F. Why are people punished when they break the law? + +G. Is it ever right to break the law? + +H. Write a paper on the following: + + + Why Breaking the Postal Laws Deserves Severe Punishment + + Liberty Under the Law + + The Danger of Counterfeit Money + + Laws that Should Be Passed + + How to Have a Law Passed + + + + + +VII. THE CONSTITUTION + + + Personal Guaranties Grouped Under The Title "The Short Constitution" + + +We now take up the subject of the Constitution of the United States. It is +important because it is the foundation of the rights and liberties of all +Americans. It relates to the rights and liberties of everyone in this +room. It is our great charter. + +Gladstone, the great English statesman, once said, "It is the greatest +work ever struck off at any one time by the mind and purpose of man."(35) +It is quite a long document. I want every one of us to read it carefully +and study it thoroughly. + +The larger part of the Constitution consists of provisions telling of the +qualifications and manner of election of the President, Senators, and +congressmen, the powers and duties of the various parts of our government, +procedure of government, and the relations of the Nation and the States. +These are important. + +But more important still are the ways in which the Constitution guarantees +the rights, liberties, and privileges of all men, women, and children who +live under the American flag. These guaranties are numerous, but they are +briefly stated. Any of us can understand them if we but read them +carefully and catch their meaning. It ought not to be difficult to cause a +person to study the things which relate to himself, to the most important +things in his own life. Liberty we prize most dearly. Everyone of these +guaranties in the Constitution is intended to guard and protect the +freedom and liberty which you and I enjoy.(36) + +To make our task more simple, I have selected from the Constitution those +sections which deal with our privileges as American citizens. You can see +them in the copy of the Constitution which you have. (See page 217.) I +have grouped these together and for convenience I shall call it "The Short +Constitution". As you can see, there is nothing in it that is not in the +original Constitution. It is just as if I had taken a pair of shears, cut +out these phrases from the Constitution, and pasted them together. It +makes it more convenient for us. + +Take this "Short Constitution" home with you. Bring it with you when you +come to school. Talk with your father and mother about it. It may be that +sometime a knowledge of these rights that every American citizen now has +may save to you your home, your freedom, or your life. + +Now I am going to read this: + +THE SHORT CONSTITUTION + + + Article I (_Amendment I._) + + Congress shall make no law respecting an establishment of + religion, or prohibiting the free exercise thereof; or abridging + the freedom of speech, or of the press; or the right of the people + peaceably to assemble, and to petition the Government for a + redress of grievances.(37) + + Article II (_Amendment II._) + + A well regulated Militia, being necessary to the security of a + free State, the right of the people to keep and bear Arms, shall + not be infringed. + + Article III (_Amendment III._) + + No Soldier shall, in time of peace, be quartered in any house, + without the consent of the Owner, nor in time of war, but in a + manner to be prescribed by law. + + Article IV (_Amendment IV._) + + The right of the people to be secure in their persons, houses, + papers, and effects, against unreasonable searches and seizures, + shall not be violated, and no Warrants shall issue, but upon + probable cause, supported by Oath or affirmation, and particularly + describing the place to be searched, and the persons or things to + be seized. + + Article V (_Amendment V._) + + No person shall be held to answer for a capital, or otherwise + infamous crime, unless on a presentment or indictment of a Grand + Jury, except in cases arising in the land or naval forces, or in + the Militia, when in actual service in time of War or public + danger; nor shall any person be subject for the same offence to be + twice put in jeopardy of life or limb; nor shall be compelled in + any criminal case to be a witness against himself, nor be deprived + of life, liberty, or property, without due process of law; nor + shall private property be taken for public use, without just + compensation. + + Article VI (_Amendment VI._) + + In all criminal prosecutions, the accused shall enjoy the right to + a speedy and public trial, by an impartial jury of the State and + district wherein the crime shall have been committed, which + district shall have been previously ascertained by law, and to be + informed of the nature and cause of the accusation; to be + confronted with the witnesses against him; to have compulsory + process for obtaining witnesses in his favor, and to have the + Assistance of Counsel for his defence. + + Article VII (_Amendment VII._) + + In suits at common law, where the value in controversy shall + exceed twenty dollars, the right of trial by jury shall be + preserved, and no fact tried by a jury shall be otherwise + re-examined in any Court of the United States, than according to + the rules of the common law. + + Article VIII (_Amendment VIII._) + + Excessive bail shall not be required, nor excessive fines imposed, + nor cruel and unusual punishments inflicted. + + Article IX (_Amendment IX._) + + The enumeration in the Constitution, of certain rights, shall not + be construed to deny or disparage others retained by the people. + + Article X (_Amendment X._) + + The powers not delegated to the United States by the Constitution, + nor prohibited by it to the States, are reserved to the States + respectively, or to the people.(38) + + Article XI (_Amendment XIII, Sec. 1._) + + Neither slavery nor involuntary servitude, except as a punishment + for crime whereof the party shall have been duly convicted, shall + exist within the United States, or any place subject to their + jurisdiction. + + Article XII (_Amendment XIV, Sec. 1._) + + All persons born or naturalized in the United States, and subject + to the jurisdiction thereof, are citizens of the United States and + of the State wherein they reside. No State shall make or enforce + any law which shall abridge the privileges or immunities of + citizens of the United States; nor shall any State deprive any + person of life, liberty, or property, without due process of law; + nor deny to any person within its jurisdiction the equal + protection of the laws. + + Article XIII (_Amendment XV, Sec. 1._) + + The right of citizens of the United States to vote shall not be + denied or abridged by the United States, or by any State on + account of race, color, or previous condition of servitude. + + Article XIV (_Art. I, Sec. 9, Cl. 2._) + + The Privilege of the Writ of Habeas Corpus shall not be suspended, + unless when in Cases of Rebellion or Invasion, the public Safety + may require it. + + Article XV (_Art. I, Sec. 9, Cl. 3._) + + No Bill of Attainder or ex post facto law shall be passed. + + Article XVI (_Art. I, Sec. 9, Cl. 8._) + + No Title of Nobility shall be granted by the United States: And no + Person holding any Office of Profit or Trust under them, shall, + without the Consent of the Congress, accept of any present, + Emolument, Office or Title of any kind whatever, from any King, + Prince, or foreign State. + + Article XVII (_Art. III, Sec. 2, Cl. 3._) + + The trial of all Crimes except in Cases of Impeachment, shall be + by Jury, and such Trial shall be held in the State where the said + Crimes shall have been committed; but when not committed within + any State, the Trial shall be at such Place or Places as the + Congress may by Law have directed. + + Article XVIII (_Art. III, Sec. 3, Cl. 1._) + + Treason against the United States, shall consist only in levying + War against them, or in adhering to their Enemies, giving them Aid + and Comfort. No person shall be convicted of Treason unless on the + Testimony of two witnesses to the same overt Act or on Confession + in open Court. + + The Congress shall have power to declare the Punishment of + Treason, but no Attainder of Treason shall work Corruption of + Blood, or Forfeiture except during the Life of the Person + attainted. + + Article XIX (_Art. IV, Sec. 2, Cl. 1._) + + The Citizens of each State shall be entitled to all Privileges and + Immunities of Citizens in the several States. + + Article XX (_Art. VI, Cl. 3._) + + No religious Test shall ever be required as a Qualification to any + Office or public Trust under the United States. + + +Now that is not long, is it? Yet in this brief part of the Constitution +are contained provisions the most important for the common people ever +written by the hand of man in all the history of the world. In some +countries of the world people have some of the rights and privileges +guaranteed by our Constitution, but in no other country in the world do +the people have a written guaranty of all the rights, privileges, and +liberties set forth in these short extracts from the Constitution of the +United States. + +I want you all to get fixed in your minds the date of the adoption of the +original Constitution by the convention--1787.(39) That was more than a +century and a quarter ago. + +I want every child to understand just why the Constitution was made, how +it was made, something of the men that made it, and how the people of the +States approved of the Constitution before it became binding. + +I also want you to understand something of the changes and additions made +by the people since the Constitution was first adopted. I want you to +understand that it is the Constitution of the people, the whole people, +and I want you to know that the people can change the Constitution or make +additions to it whenever they want to.(40) + +So at our next meeting I am going to tell you something of the making of +the Constitution. + +ELEMENTARY QUESTIONS + +1. Compare "The Short Constitution" on pages 56-60 with the complete +Constitution found at the back of the book. + +2. Why were these parts selected from the entire Constitution? Is there +any similarity in the various parts selected? + +3. What are the most important provisions of the Constitution of the +United States? + +4. Do the guaranties of the Constitution protect the rights of all people +living in America, or do they apply only to a few favored classes? + +5. What was the date of the adoption of the original Constitution? + +ADVANCED QUESTIONS + +A. Why are we interested in our rights? + +B. What are the dangers of talking too much about our rights? + +C. Make a list of a duty to correspond with each right selected. + +D. Write a paper on the following: + + + The Officials Provided by the Constitution + + The American Bill of Rights + + + + + +VIII. MAKING THE CONSTITUTION + + + How The Convention Of 1787 Drafted The Constitution Of The United States + + +You will remember from your study of American history that when the early +colonists came to this country they settled along the Atlantic coast in +many separate and distinct groups. Not all had come from the same country. +Most of them were English, but there were also smaller settlements of +Dutch, French, Germans, and Swedes. It was not many years until the +English had taken control of all the land from Maine to Georgia, but even +then not all the English were alike. There were Puritans and Cavaliers, +Scotch and Irish, Scotch-Irish and Quakers. They differed in their ideas +of government, religion, and education. + +These colonists had come for many purposes. Some had come to make their +fortune. Others because of trouble at home. Most had come to be free, to +worship God in the way they chose, to form their own government, to make +their own laws, to govern themselves; and in the early days, they had met +with success. + +But as time went on, as more people came, as ships were built, and trade +and commerce increased, the government of England became more and more +tyrannical. The English people may not have favored this, but they did not +direct the acts of their king and his officers. Taxes were placed on the +colonists without their consent. They were forced to accept laws not of +their own choosing. The king refused them the right to select their own +judges. They could not trade where they pleased. If you will read the +Declaration of Independence you will see how their liberties were +restricted.(41) + +All this time the various colonies were as separate as so many distinct +countries. They did not know each other. There was little travel from one +to another. They were quite different. But they were alike in the fact +that each wanted liberty, and that each was subject to oppression from the +English king. + +So from time to time we find them sending delegates to some common meeting +place to discuss a plan of action. In 1754 a group met at Albany to +suggest a plan of union. In 1765 England passed the Stamp Act which put a +tax upon certain articles such as books, newspapers, and playing cards. A +person could not sell one of these articles without pasting upon it one of +these stamps, the money from which went to England as a tax. It was much +like our war tax upon tooth paste, shaving soap, and playing cards. The +difference was this. The colonists had never given the right to make this +tax. It had been imposed upon them by England; and further, if a person +were accused of selling a book or newspaper without this stamp, he could +be severely punished.(42) This enraged the colonists, and in New York in +the following year, there met a group of delegates from nearly all the +colonies to discuss ways and means of meeting this. + +Again in 1774, conditions having become worse, delegates from twelve +colonies met at Philadelphia at the First Continental Congress to consider +the grievances against Great Britain. The Second Continental Congress +following it carried on the first years of the Revolutionary War. It +drafted and adopted the Declaration of Independence. It raised and +provided for the armies, and brought the States together. + +But it needed a kind of constitution. So in 1777 the Articles of +Confederation were drawn up and adopted by Congress and by 1781 all the +States had finally adopted them. But they were inadequate. Each of the +thirteen States wanted all the power in its own hands.(43) + +You cannot blame them. Picture to yourself these little settlements down +on the Atlantic Coast. All together they did not have as many people as +there are in the State of New Jersey to-day. They and their fathers had +left their homes and traveled thousands of miles over stormy seas to find +liberty. They themselves had fought a long war against England to make +themselves free. They did not wish to give up these powers.(44) + +But the wiser people in the different States saw that to form a more +perfect union it was necessary to grant the central government more +powers, and to fix forever certain rights which every American citizen +should enjoy throughout the years to come. So the people selected men as +their representatives and authorized them to meet with the representatives +from other States at Philadelphia in 1787 to draw up a plan of government +which would be strong enough to hold the country together and govern it +effectively. + +Now who were these men? They were men who were selected by their neighbors +to represent them, just as men are elected to-day to represent us in the +legislature of our State or in Congress. To be sure, in those days not all +men were allowed the right to vote. In some States a man had to have a +certain amount of money before he could vote. In others men of certain +religious faiths were not allowed to vote. But the delegates to the +Constitutional Convention were men who were fairly representative of all +the people. When we consider the work that they did, that they wrote our +Constitution, that they were able to do this at the time they did, we must +feel that a wise Providence guided their selection and inspired them in +their wonderful work. + +There in Independence Hall in Philadelphia were Benjamin Franklin and +George Washington, James Madison and Edmund Randolph, Alexander Hamilton +and Gouverneur Morris. Almost all the prominent men of the time took +part.(45) + +They took the best that they knew of the experience of the human race in +government, especially the experience of England and America, and from +this they drew up the Constitution of the United States, the foundation of +the government under which we live.(46) + +When they had finished their work--that part of the Constitution which +precedes the amendments--they submitted it to the States. They were very +careful to see to it that the people themselves should approve of this. So +instead of having the usual legislature of each State vote upon it, they +provided that the people of each State should elect delegates for a +special convention, the sole purpose of which was to decide whether or not +they would like to live under a government like this.(47) These +conventions, elected by the people for this special purpose, met and one +after another, often after a bitter struggle, ratified the Constitution. +The chief objection was that the rights of all Americans were not clearly +stated. + +So at the first meeting of Congress, the first ten amendments--our American +Bill of Rights--were adopted and in 1791 they were ratified by the States. +Since then the Constitution has been rarely amended. In 1798 and in 1804 +the eleventh and twelfth amendments regarding the courts and the election +of the President were adopted. After the Civil War three amendments were +adopted regarding the problem of the negro citizen. Since then we have +added changes regarding the income tax, the election of United States +Senators, and prohibition. The last amendment, dealing with the extension +of the vote to women, was ratified by Tennessee as the thirty-sixth State +on August 18, 1920. + +To-day then, our government is founded upon the Constitution made shortly +after the Revolutionary War. It represents the aims and ambitions of the +fathers of our country. They came to this land to be free. They suffered +persecution. They threw off the yoke of the oppressor. They established a +government of the people, by the people, for the people. The people +selected the men who drew it up. They selected the men who amended it. Our +task is to understand what it means, to obey it, and protect it. + +The lofty purpose of the fathers of the republic in establishing this, the +first real government by the people, is expressed in these thrilling +words: + +"_We the people of the United States, in Order to form a more perfect +Union, establish Justice, insure domestic Tranquility, provide for the +common defence, promote the general Welfare, and secure the Blessings of +Liberty to ourselves and our Posterity, do ordain and establish this +CONSTITUTION for the United States of America._" + +ELEMENTARY QUESTIONS + +1. Why did the early settlers come to America? + +2. From what countries did they come? Which countries were most important? + +3. Why did they become dissatisfied with English rule here? + +4. Why did they wish to unite? Name some of the earlier attempts at union. + +5. When was the Stamp Act passed? What was it supposed to do? Why did the +colonists object? + +6. Why were the Articles of Confederation not satisfactory? + +7. What was the meeting in Philadelphia in 1787? How were the +representatives at this meeting chosen? How did they try to see that the +representatives at this meeting actually represented the people? + +8. How was the Constitution ratified by the people? In what way did they +try to make it the actual will of the people? + +9. When was our Bill of Rights passed? + +10. What amendments have been added to the Constitution since 1791? + +ADVANCED QUESTIONS + +A. How did the makers of the Constitution guard against the abuses cited +in the Declaration of Independence? + +B. How were the defects in the Articles of Confederation guarded against +and remedied? + +C. What experience had the makers of the Constitution had which enabled +them to prepare so successful a document? + +D. Would you say that Gladstone's statement, "It is the greatest work ever +struck off at any one time by the mind and purpose of man" was literally +true? + +E. How did the allusions to other countries made during the convention +show the advantage of America's being a "melting pot"? + +F. What people were allowed to vote at the time of the adoption of the +Constitution? + +G. What were the chief objections urged against ratification of the +Constitution? + +H. Write a paper on the following: + + + Why the People Needed a Constitution + + The Main Points Included + + A Comparison of the Work Done Then and the Outline Made in Answers + to Questions J Chapter Two + + George Washington + + Benjamin Franklin + + Alexander Hamilton + + James Madison + + + + + +IX. FREEDOM + + + How Freedom Of Worship, Speech, The Press, And Assembly Are Guaranteed + + +This morning we begin the consideration of what I believe to be the most +important of all the subjects we have talked about. I think people are +more interested in their privileges and rights than they are in their +duties. In fact we hear a great deal and we read a great deal about +"rights", but we do not find very much said on the streets, in the homes, +or in the newspapers about our "duties".(48) + +Now we have considered in a very general way the nature of our government +and something of our powers and duties under the Constitution. I know that +you will be interested in considering our rights and privileges under the +Constitution of the United States. + +Always keep in mind that each State has a Constitution, and that the +Nation has a Constitution, that the Constitution of the United States +covers the entire Nation, not only the original thirteen colonies, but the +present forty-eight States, and that any States that may hereafter be +brought in the Union will have as their fundamental law the Constitution +adopted by the people in the long ago.(49) + +Also always keep in mind that the Nation has certain powers, and that the +Constitution of the United States is supreme only as to the things over +which the United States as a Nation has control. + +But it is important to bear in mind that the great principles of the +Constitution of the United States have been carried into the Constitutions +of the various States, and that the rights and privileges of the people +under the Constitution of the United States have also to a large extent +been guaranteed by the Constitutions of the States.(50) + +This morning we take up a constitutional guaranty which you perhaps have +not thought much about, but which is one of the most important in the +whole Constitution--_Freedom of Worship_. The Constitution provides: + +_"__Congress shall make no law respecting an establishment of religion, or +prohibiting the free exercise thereof.__"_(51) + +As we look back through the history of the world we are startled to find +that this was the first written guaranty that the people of any nation +ever had permitting them to worship God according to the dictates of their +own conscience.(52) + +Now some of you may not realize how important this is; but there is +nothing so dear to the human heart as the right, the privilege, of +belonging to that church and worshipping God in that manner which each +individual may desire. We do not realize the value of such a privilege +until some one, or some power, seeks to take it away from us. All through +the world men and women and children have fought, and many of them have +died, for this privilege. It was the custom of the nations of the world +before our Constitution to have an established religion, a National +religion, and in many of the countries it was the law that every one must +belong to the state church, and must actually believe in the religion of +the state. In fact, in many countries, refusal to believe in the religion +of the state was punished by death--sometimes by burning to death, and I am +sure you will be surprised to realize that while America was first settled +by people who were seeking religious freedom, they were still so imbued +with a feeling of the old days that persons must worship, not as their +conscience might dictate, but as the state might dictate, that for many +years in this country in certain of the colonies a state religion was +recognized, and obligation to conform to the established religion enforced +by severe penalties. + +In the colony of Virginia the established or state church existed, and it +was the law that any person who did not conform thereto should be punished +by burning to death. This is startling, isn't it, to hear of such a brutal +law upon American soil? Virginia afterwards became the pioneer in +legislation establishing freedom of worship, but it took the most +strenuous efforts of Thomas Jefferson through many years to finally wipe +out these cruel laws and establish freedom of worship.(53) + +The Virginia statute granting absolute freedom of worship was the first +ever adopted in the history of the world by any state or nation, the first +guaranty of the right. Freedom of worship had existed before this in +Maryland under the generous rule of Lord Baltimore, but the first formal +statute was adopted in Virginia. + +Now your teachers tell me that in this school the pupils belong to sixteen +different churches. I suppose each one of you thinks that the church to +which he belongs is better than any of the others. I hope you do. I hope +that every child is sincere in his religious belief, whatever it may be. +But how would you feel if some representative of the State should come +here this morning, and announce that a law had been passed by which every +pupil must belong to the Baptist, the Methodist, the Catholic, or the +Jewish church? How would you feel if a law were to be read to you which +provided that unless you changed your religious belief and adopted some +other, you would be burned to death out here on the hillside? You can +hardly believe that such a thing would be possible in any age of the +world; and yet never forget that the foregoing provision which I have read +from the Constitution of the United States was the first declaration of +the right of the people of a whole Nation to worship God according to +their own will, their own conscience. + +The declaration of this great right by the Constitution of the United +States has been in full force ever since the adoption of the Constitution, +not only as a National law, but similar provisions have been made the +policy, usually by the Constitution, of every State in the Union. What a +glorious thing it is to live in a Nation and in an age where no man, no +state, and no power can tell you what to believe, or how to express your +belief, what church you shall attend, or in what manner you shall express +your religious faith. + +Not only this, but this constitutional guaranty protects every one in his +right to belong to no church if he so elects. The soul is free. No power +can compel one to belong to any church, nor in any manner to hold or +exercise religious faith, or religious duty or obligation. _In other +words, men are free_, and this freedom, aside from any other guaranty of +the Constitution, should make us all feel affection and veneration for +this great charter of human liberty. + +But freedom of worship is only one of the many rights and privileges +guaranteed to the people--to all the people. + +Another great natural right--God given right--is firmly and finally +established: + +"_Congress shall make no law ... abridging the freedom of speech or of the +press._"(54) + +Here again remember, when you are thinking of what you owe to your +country, that this declaration of the Constitution was the first in all +the history of the world by which a Nation guaranteed to all the people +the right freely to express their thoughts in words or in writing. This +was the first time the chains were taken from the human intellect. No one +will ever be able to number the men and women who, throughout the history +of the world, were condemned to death, because they dared to express their +sentiments. If Patrick Henry had delivered his famous speech in which he +said, "Give me liberty, or give me death", in England rather than America, +he would have been promptly punished. Hundreds of the colonists would have +been hanged by the British government if they had expressed themselves in +the mother country instead of in the new world. Kings to hold their power +in the old world, to keep the people so terrorized that they would submit +to their will, made the practice of hanging or beheading those who freely +spoke their sentiments against the government.(55) + +Of course under the old laws those who expressed their religious +convictions in opposition to the state church by speech or writing were +usually promptly imprisoned, hanged, or burned. + +Now do not have any misunderstanding about this guaranty of freedom of +speech and of the press. We often hear complaints of certain people about +certain laws punishing those who abuse the privilege of free speech; but +there is no law of State or Nation which prohibits the speaking or writing +of anything in this country. Men may speak and write what they will; but +there are some laws punishing those who abuse this great privilege to the +injury of another person, or to the injury of the Nation. Of course no one +would feel that it was right to allow another to write libelous articles +about your neighbors. You would not feel that it would be right to permit +some vile person to write false and vicious articles about your mother or +your father; and yet any one may do so. They cannot be prohibited or +enjoined from doing so, but they may be punished after doing so, after +they have been tried in a court and found guilty of libel by a jury of +their fellowmen.(56) + +So if one writes a threatening letter to your father, telling him that he +will kidnap his child unless he pays ten thousand dollars by a certain +time, such person is exercising his constitutional right to freedom of +expression, but no one would think that it was right to permit him thus to +abuse his constitutional right without being punished for it; and +consequently such person may be arrested and tried, and if found guilty, +punished. + +So in these later days it has been found wise, not to prohibit persons +from giving expression to their views about our government, but to punish +those who show by their words or writing that they are rebels against our +government, endeavoring by their words to cause a revolution, to incite +people to use force, bombs, or the torch to destroy our government. + +No one can ever be punished for criticising our government, or any of the +officers of our government, so long as he does not undertake to destroy +our government, and I am sure that you would not think it right to permit +any one to destroy the government controlled by ourselves which has +brought to us so many blessings. Nearly every one agrees that if a person +should use bombs or the torch in an effort to cause revolution and destroy +our form of government, such a person should be punished; but there are a +few who think that they should not be punished until they actually begin +destruction. Of course we cannot agree with them. The man who goes out on +the street corner and advocates the use of the bomb and the torch to +destroy our government, who arouses passions willfully with the purpose of +destroying the government, is doing just as much wrong as is done by the +person who follows his advice and uses the bomb and the torch. In fact the +man who advocates revolution and destruction, who preaches the use of the +bomb and the torch, who plants the poison in the hearts of his fellowmen, +and incites them to revolutionary action is more guilty of wrong than are +those who, stirred by his appeals, carry out his wishes. + +In punishing those who thus violate every principle of loyalty, +patriotism, and right the constitutional provision is in no manner +modified. The worst revolutionist has the freedom of speech and of the +press guaranteed to him. The law which punishes him does so only because +under the protection of the Constitution, he commits a crime against his +country and against humanity. + +America has done more than any other nation in the world in the cause of +educating the common people. It should exercise care that the people +should be educated in the true spirit of America, that their minds should +not be poisoned by the vicious teachings of those, not Americans at heart, +who seek to poison souls and rob the people of their patriotism and of +their loyalty. + +In the olden days so tyrannical was the king that in many instances when +the people complained of their burdens and sought rights and privileges +they were punished for daring to seek relief. The king would usually give +them what he thought they ought to have and would not listen to +complaints. One of the rights which the people always hoped for was the +privilege of assembling, meeting together, talking over their troubles, +drawing up a petition, signing, and presenting it, praying "a redress of +grievance". When the representatives of the people met in the +Constitutional Convention in Philadelphia they had before their minds the +things that the people had suffered under old forms of government and it +was their earnest effort to provide constitutional guaranties which would +prevent the abuses to which the people were compelled to submit in the old +world. Therefore one of the provisions of the Constitution of the United +States is the following: + +"_Congress shall make no law ... abridging ... the right of the people +peaceably to assemble, and to petition the Government for a redress of +grievances._"(57) + +Under this constitutional guaranty the people have the right to assemble +peaceably at any time or place, to talk over their troubles, and to draw +up a petition to the government seeking relief from unjust burdens. Where +they assemble peaceably there is no officer of the government and no court +that can interfere with them; and when they petition the government they +cannot be reprimanded or punished in any way. Of course under our +representative government where the people themselves select those who +make the laws, the necessity for assembling and drawing up petitions is +not so great. Yet in Congress and in the legislatures of the various +States nearly every day petitions come in from some body of people urging +the adoption of a certain law or objecting to a certain proposed law. If +you were in Congress or in the legislature you would probably see some +member arise and say, "Mr. Speaker, I present the petition of the people +of my district objecting to the passage of Bill No. 781, which I desire to +have made part of the record", and the Speaker, who is the presiding +officer, would respond in substance, "the request of the gentleman will be +granted and the petition will be made part of the record". + +What I desire especially to impress upon you this morning is the value of +this right and the failure of our people to take advantage of the +privilege granted. This being a government by the people and the laws +being made by their agents, these agents of the people, members of +Congress and of the State legislatures, cannot carry out the will of the +people unless they know what the people want. Ask your father when you go +home whether or not he has ever written to the member of Congress from +this district telling him about some law he would like to have passed or +about some proposed law he would like to see defeated. The truth is that +there are large numbers of people in this city who do not even know the +name of their congressman, or representative in the legislature of the +State. They do not pay any attention to such things, yet when the +legislature or Congress passes a law they are always ready to criticise +and condemn, despite the fact that before it was passed they did not take +interest enough to give an expression of their views to those who were +trying to follow the wishes of the people. From time to time the people +should assemble in every community to talk over government matters, their +matters, the things that come most close to them in life. You will find +men and women meeting every month in their lodges and clubs, discussing +all sorts of things, music, art, and literature, but we find hardly any +organized meetings for the discussion of the big things in life, our +liberties, our rights, and our duties as citizens of this free republic. I +hope to see the time when there will be community centers and regular +assemblies, not for amusement but for serious discussion, serious thought, +and earnest cooeperation in the affairs of the city, State, and Nation. +There is so much complaint in these days that it would be of great value +at these assemblies to allow every person who has a grievance against the +government or any branch of the government to present it for discussion. +The rights and duties of each individual in government are of importance +to every other person, and there should be frankness, honesty, and +earnestness in every discussion of grievance and remedies, so that public +sentiment may be developed. Government in a democracy is government by the +sentiment of the people; and the sentiment of the people can only be +created and manifested by talking over the things in which all people are +interested--the problems of life, liberty, and happiness. + +ELEMENTARY QUESTIONS + +1. Which colonists came to America to avoid religious persecution? + +2. Why do people fight and die for their religious beliefs? + +3. In what ways were people persecuted for their religious beliefs? + +4. Where was the first statute granting absolute freedom of worship +passed? + +5. Why is it a good thing to have freedom of speech? + +6. Name some famous Americans who have been outspoken in saying what they +thought. + +7. Can you publish in the paper a statement that Mr. X is a burglar? If +so, can you be punished if your statement is not true? If so, how can you +have freedom of speech? + +8. Is the Constitution of the United States in force in all the States of +the Union? + +9. Are there other constitutions which the people of different States must +observe? + +10. Why did the people want the right to assemble? + +11. Do you know of any countries where they do not allow it? + +12. Do you know of anyone who ever sent a petition to a State legislature? +To Congress? What was it like? + +13. How many assemblies of people and petitions help to make our +representatives do what we want them to do? + +ADVANCED QUESTIONS + +A. Name the places in the world, where to-day there is religious +persecution. + +B. Describe the conditions in Armenia. + +C. What are the real advantages of religions liberty? + +D. Just how would it affect a person if freedom of speech were not +allowed? + +E. How may the right to freedom of speech be abused? + +F. During the recent war, men were punished for what they said under what +is known as the Espionage Act. How can this be reconciled with freedom of +speech? + +G. Discuss the method of organizing a community meeting. + +H. Discuss the method of preparing a petition. + +I. Suppose the opinion of the meeting should be divided, what should be +the procedure? + +J. Plan a method to make the people talk more about government. + +K. What are the dangers of a lack of interest in the affairs of +government? + +L. How will a congressman represent the wishes of the people if he +receives no petitions? + +M. Write a paper on the following: + + + The Story of the Pilgrims + + Roger Williams and the Providence Colony + + Lord Baltimore + + Thomas Jefferson and Religious Liberty + + Censorship of the Press and Freedom of Speech + + What to do with an Anarchist Meeting + + Socialist Papers + + The Importance of the Right of Petition + + Keeping In Touch with our Representatives + + Some Petitions I have Seen + + Things for Which We Should Petition the Legislature + + + + + +X. MILITARY PROVISIONS + + + Rights Of Citizens To Bear Arms--Restrictions On Quartering Soldiers In + Homes + + +Again we find the framers of the Constitution looking back into the past +at abuses imposed upon the people by kingly power. They inserted in the +Constitution the following provision: + +"_A well regulated Militia, being necessary to the security of a free +State, the right of the people to keep and bear Arms, shall not be +infringed._"(58) + +They were making a government of free States. They did not wish to see the +National government become the master of the States nor the master of the +people. They believed that the government should be the servant and not +the master. They wanted to have the power in the hands of the people of +the States to protect their rights if they ever should be invaded by +force; and therefore they furnished to the people of all the States the +guaranty that the States should have the right to have militia, that is, +soldiers organized to maintain order and to defend the State, if +necessary, against abuse of power; and they guaranteed to the people the +right to bear arms lawfully. + +If you read the history of the old world you will find many instances of +soldiers entering the homes of the people to search for fire arms or other +weapons, taking them away, possibly punishing those who had them. The +people are guarded by our Constitution against any such conduct on the +part of soldiers or representatives of the National government. Of course +this right, like the right of free speech, may be abused and when abused +punishment may be imposed. For instance, it is dangerous to the good order +of a community that persons should carry concealed weapons and therefore +in every State there is some law concerning this. If a man should walk +down the street here with a loaded revolver in his pocket he could be +arrested and imprisoned, or fined, but in this State a man could walk down +the street with a shot gun in his hands or any other weapon where it is +exposed so people could see it. A law against carrying concealed weapons +imposes no burden upon any law-abiding citizen. There are regulations, of +course, permitting certain persons to carry weapons concealed, police +officers, a sheriff, and other peace officers; and there is a law under +which any person of good moral character may make application for +authority to carry concealed weapons which will be granted under certain +restrictions. Some States require a bond to be filed guaranteeing good +conduct. Persons who have to carry large sums of money, express messengers +upon the trains, post office employees who carry registered mail, and +other persons may be granted the privilege of carrying concealed weapons. +The laws regarding carrying concealed weapons differ from State to State, +the punishment in some being a term in the penitentiary. + +But in all this we find only regulation and careful provision to help +maintain order and peace; and with it all we find the absolute right given +by the Constitution to the people to maintain their State militia and to +keep and bear arms within reasonable regulations which may be provided by +the different States. + +Then we find a strict guaranty of the Constitution against an abuse which +was common in the old world. You know before America came into being the +strength of a government was the power of a government. The people were +ruled by force; they were kept in constant fear. When this Nation was +organized it was the hope of the founders that we could have laws so just +that people would have love for their country and respect for its laws, so +that we would not have to inspire fear in the hearts of the people in +order to make them obey. Laws should be obeyed not because of fear, but +because of respect, because of a sense of duty. Laws should be obeyed +because we know that laws are necessary to protect our own liberties. We +know that without law, liberty is impossible. + +So that when the Constitution was framed, reflecting upon the abuses of +the old world, the makers of the Constitution inserted this guaranty: + +"_No Soldier shall, in time of peace, be quartered in any house, without +the consent of the Owner, nor in time of war, but in a manner to be +prescribed by law._"(59) + +In the olden days the military power was supreme. The soldier was part of +the military power. The ordinary citizen was compelled to submit to many +of the wishes of the soldiers in times of peace as well as in times of +war. In reading the history of the world you will find that soldiers +exercised the right to enter the homes of the people and demand food and +shelter. Of course the people, being in fear of the military power, would +not think of refusing anything demanded; but the people of America, under +our Constitution, are supreme. The soldier is subject to the people, not +the people subject to the soldier. While we must respect those who are the +defenders of our country, we must also respect our own rights and +privileges. And every soldier, general or private, must also respect our +rights and privileges. No soldier can enter any home, no matter how +humble, without the consent of the owner, except in times of war. Even in +times of war he cannot enter except under circumstances and conditions +prescribed by law. The law being made by the people, they will be +protected against abuse. Of course in times of war every one should be +glad to give freely of what he has for the soldiers of his country, but in +times of peace in this country the soldier, under our Constitution, +understands that the home is sacred and that he has no right there unless +the owner invites him to enter. + +I wonder if the people realize what these guaranties mean to them. I +wonder if they understand how earnestly and how carefully those who framed +the Constitution endeavored to protect the sacred rights of every man, +woman, and child in this country. + +ELEMENTARY QUESTIONS + +1. Why did the Germans refuse to allow the Belgians to keep and bear arms? + +2. Why is this right important to us? + +3. Ask some soldier who fought in France to tell you about how soldiers +quartered in the village. Would you like to see this in America? Why not? + +4. What rights has a soldier in time of peace to demand admittance to a +house, or to demand food? + +5. In time of war under what conditions may a soldier be quartered in any +house? + +6. Where is the whole power of government in America? Where is it in a +kingdom or monarchy? + +7. Do you know the name of your congressman? + +8. When should a person be allowed to carry weapons? + +ADVANCED QUESTIONS + +A. What is the importance of the right of keeping and bearing arms? + +B. What is the status of the National Guard in your locality? What are its +duties? What is its purpose? + +C. What is the fundamental objection to the quartering of soldiers on a +population in time of peace? + +D. Write a paper on the following: + + + The Right to Bear Arms + + The Evils of Quartering of Soldiers + + The Purpose of the National Guard + + How the Soldiers Were Quartered in France + + + + + +XI. SEARCH WARRANT AND INDICTMENT + + + The Home Protected Against Unlawful Search And Seizure--Grand Jury + Indictment Required + + +Following the provision that we last discussed that no soldier shall in +time of peace be quartered in any house without the consent of the owner, +nor in time of war except in a manner prescribed by law, we find the +Constitution making a most positive provision guarding the sacredness of +the home, the sacredness of the person, and the things belonging to each +person. In the olden days the people had to submit to the most brutal +conduct. A man might think some one had stolen his ring or his watch. +Suspecting a neighbor, and being the stronger, or assembling his friends, +or some officers, he might enter the neighbor's home, search all through +the house among papers, in the desks, and in every trunk and other place +where personal belongings were kept, might search the person himself, his +pockets, and clothing. + +Of course you can easily understand that the people who were thus abused +would resent such actions. In England the people in early days had +protested and had secured some guaranties from the king against these +outrages, but the first absolute written guaranty of the full rights of +the people was when the following provision was inserted in our +Constitution: + +"_The right of the people to be secure in their persons, houses, papers, +and effects, against unreasonable searches and seizures, shall not be +violated, and no Warrants shall issue, but upon probable cause, supported +by Oath or affirmation, and particularly describing the place to be +searched, and the persons or things to be seized._"(60) + +Of course it is apparent that so long as we have crimes committed the +wrongdoer must be punished. Wrongdoers naturally try to conceal the +evidence of their crimes: the murderer seeks to hide the revolver, the +thief seeks to hide the money, the bonds, or the jewels. So it is +necessary, in order to find criminals and to recover valuable things they +may have taken, to have the privilege of searching persons or houses. But +the thing which the Constitution guarantees is that no such search shall +be made except upon warrants issued by some court, which are commands to a +peace officer to seize a certain person (arrest him) or to search a +certain house or other place for things which might aid in administering +justice. No warrants shall be issued by any court until some one has +appeared and filed a solemn statement under oath showing some reasonable +grounds for believing that the search or seizure will disclose evidence of +the offense. The place must be described. The things or the persons to be +seized must be described. A warrant issued by any court, no matter how +high, without such a sworn statement being presented, is void and in +violation of the rights of every person under the Constitution. The courts +are often called upon to enforce this right of the people. The home, +especially under our Constitution, is recognized as sacred. "Every man's +house is his castle" and wherever, without the proper warrant, search or +seizure is made, the court will promptly punish the wrongdoer and if +something has been seized or taken possession of wrongfully the court will +order it returned. Even though valuable as evidence of guilt, the court +will not permit it to be used, if it has been seized in violation of the +guaranty of the Constitution. + +No matter how humble the home, whether it be owned or rented, whether it +have one room or a dozen, it stands exactly the same under this +constitutional provision, and is guarded against "unreasonable searches +and seizures". No matter how poor the owner, he can stand at his door and +defy all the officers of State or government, yes, and all the soldiers of +the republic, defy them to enter until the provisions of the Constitution +of the United States shall have been complied with. + +Now, we come to guaranties of the right of the people to protection +against any trial, except the same be conducted in accordance with the +guaranties of the Constitution. These guaranties are for all persons, +young or old, rich or poor. You know sometimes the innocent are charged +with grave crimes. A crime is committed in the darkness of the night. The +criminal has fled. The first duty of the officers of the government--the +servants of the people--is to find the criminal so that he may be punished +for his wrongdoing. This is not an easy task, and no matter how careful +officers may be, mistakes are sometimes made and innocent persons are +arrested and charged with the offense. Bring this home to yourself, +because every one of these constitutional guaranties are for you, for each +of you, for your father, mother, brothers, and sisters. Keep this in mind. +Do not consider them as applying to somebody away off, some stranger in +whom you have no interest. _They apply to you._ + +Now suppose that to-night a murder should be committed, and to-morrow your +father should be arrested and charged with the crime of which he was +entirely innocent. It will be very important to him that he should have a +fair chance, a fair trial. His liberty would be at stake, and liberty +under the Constitution is a sacred thing. Thinking of liberty his mind +would naturally turn to the Constitution, and if he examined it, he would +find the following guaranty: + +"_No person shall be held to answer for a capital, or otherwise infamous +crime, unless on a presentment or indictment of a Grand Jury, except in +cases arising in the land or naval __ forces, or in the Militia, when in +actual service in time of War or public danger._"(61) + +Now you do not understand this, do you? And yet it is very simple. When a +man is arrested, he is brought before the court for trial. But how, and +before whom shall he be tried? + +Remember that in America the enforcement of law is in the hands of the +people. Remember that this is a government by the people and that the +chief purpose of government is to protect the liberties of the people. +Here is your father's liberty at stake. If he should be convicted of +having committed this murder, he might be hanged or sent to prison for +life, so it is very important to him that the investigation into the +charge against him shall be conducted in the right manner. + +Under this constitutional guaranty which is also included in your State +Constitution, there is no court and no judge in the United States big +enough or powerful enough to call your father before the court for trial +until he has been indicted by a grand jury. A grand jury, generally +composed of twelve or more men selected from ordinary citizens, is brought +together every term of court. They sit in a room by themselves and hear +evidence as to the commission of offenses. They have no power to find a +man guilty or not guilty. Their power and their duty is to decide whether +the evidence brought before them is sufficient to justify putting the +accused man on trial for the offense. They hear the witnesses for the +State or government. The defendant is not brought before them personally, +nor is he represented in any way. It is simply a secret investigation. If +these men upon this investigation decide the evidence is not sufficient to +warrant the trial of a man, he is discharged. He cannot be put on trial +before the court. Before the court can proceed the grand jury must first +say that the man shall be tried. The people thus have in their hands the +power of protecting the innocent, and the power of instituting proceedings +against the guilty. The grand jury brings in its report by an "indictment" +which is merely a written statement to the court that the grand jury +believes the defendant should be put upon trial for a certain offense. +When this indictment is brought in, the defendant is called before the +court, the charge is read to him, and he is then required to say whether +he is guilty or not guilty. If he says that he is not guilty, then +preparation must be made for a trial in the court, before a petit jury, a +trial jury, which we will consider later. The thing I want to impress upon +you now is the care with which the framers of the Constitution guarded the +right of your father to have an investigation by a body of citizens before +he can be brought up for trial for this murder which has been committed. +He cannot be dragged by officers before some court and forced to go +hurriedly through a form of trial only to be found guilty. The proceedings +must be deliberate and careful. The Constitution guards him against danger +of conviction without substantial proof of his guilt. + +There are a few minor offenses, sometimes called misdemeanors, and there +are violations of city ordinances, in which an indictment is not +necessary, but an indictment by a grand jury is necessary whenever the +crime is infamous or capital; that is, generally speaking, when punishment +would involve imprisonment in the penitentiary or the taking of life by +hanging or otherwise. You will understand this better as we consider the +trial before the petit jury. + +You may think it is difficult to learn all about grand juries, the number +of jurors, and the manner in which they are sworn to perform their duties. +I do not blame you. But bear in mind I am not insisting that you shall +learn all these details. Of course the more knowledge we have about these +matters the better. But _the important thing_ is that you shall learn that +away back more than one hundred and thirty years ago the people of America +in framing the Constitution of our country, by written guaranties, made +this a government by the people. Knowing that the most sacred thing on +this earth is human liberty, they sought to guard it by providing every +possible safeguard which would protect the innocent from unjust +conviction. They trusted the people. While courts were provided, the power +to accuse the humblest human being living under the American flag of a +grave offense and bring him before a court for trial was reserved to the +people themselves. + +Grand juries are merely representatives or agents of the people. As they +sit in court they are exercising some of the highest and most important +duties exercised by men. Grand jurors and petit jurors hold in their hands +the liberty of their fellowmen. + +It is these great truths I wish to impress upon you. I want you to have +the knowledge, but more than this, I want you to have the spirit, the +spirit of confidence in your government, and the spirit of gratitude that +you live in America where the people rule, where the people not only make +the law, but enforce it. + +ELEMENTARY QUESTIONS + +1. In the olden days how could a strong man abuse one suspected of +stealing? + +2. What would he be compelled to do to-day? + +3. Why are the guaranties regarding trials important to you? + +4. Who may accuse or charge a person with a crime? + +5. Is a person charged with a crime necessarily guilty? + +6. What is a grand jury? What is its purpose? + +7. How are members of a grand jury servants of the people? + +8. Is a search warrant valid if no sworn statement has been filed? + +9. What are the rights of the owner, if a search is made without proper +warrant or papers? + +10. State the guaranty of the Constitution with reference to indictment by +a grand jury. + +11. Is the session of a grand jury secret or public? + +12. Is the defendant present before the grand jury during the +investigation? + +13. What is meant by "indictment"? + +14. What is done when the grand jury returns an indictment? + +15. What offenses may be prosecuted without an indictment? + +ADVANCED QUESTIONS + +A. Discuss the procedure of securing a search warrant? + +B. If we had no guaranty of security of property rights what effect would +this have with reference to working, earning, and saving? + +C. How is the fact that we have a grand jury an evidence of the care with +which our government guards our rights? + +D. What is a heinous crime? + +E. Write a paper on: + + + Early Abuses of Power in Search and Seizure + + Some Interesting Violations of this Right + + The Grand Jury as an Evidence That the People Rule + + An Account of the Work of One Grand Jury + + + + + +XII. RIGHTS OF ACCUSED + + + Acquittal By Jury Final--Accused Not Compelled To Be A Witness + + +Now keeping in mind that this is a personal matter with each one of us, +that we are talking about our own rights, that some day our liberties may +be in danger, let us take up the next guaranty of the Constitution: "_nor +shall any person be subject for the same offence to be twice put in +jeopardy of life or limb_".(62) + +I am sure you do not know what that means. I am sure there is not one of +you who ever dreamed that such a thing might happen to you as to be "twice +put in jeopardy of life or limb". This is very important and likewise very +simple. In the olden days, in the old world, many a man was tried for a +crime in court and found not guilty, and then later was arrested and put +on trial again and found guilty. Suppose your father, as I said the other +day, should be arrested, although he were innocent. Suppose he were +indicted by this grand jury and brought on for trial. He would be +compelled to hire a lawyer, if he were able to, and get ready for trial. +The trial would come on, and days or possibly weeks might be spent in +examining witnesses. Finally the case would close and the jury would bring +in a verdict of "not guilty". It would be an expensive proceeding. Perhaps +it would take all the money he had saved. It would not only be expensive +but it would be a hard strain upon him, your mother, the other children, +and yourself. It is a very serious matter for an innocent man to be tried +for murder. Still the verdict of "not guilty" comes in and you are all +full of joy to realize that his life and liberty have been saved. Now +suppose it were possible that within a couple of weeks afterwards he could +again be arrested, indicted, put on trial. All of the family would again +be subjected to worry and sorrow. You do not think it would be just, do +you? It would not be right. Of course it wouldn't be right, but men in the +olden days have been compelled to submit to such injustices. So when the +Constitution was adopted this guaranty which I just read was put in there, +so that for any offense against the United States no man can be tried +again after acquittal. Once a jury of his fellowmen, his neighbors, brings +in a verdict of "not guilty" that ends forever any prosecution for the +same offense. He is free and there is no power in the United States nor +any of its officers to call him again for trial for that offense. Most of +the States have a like constitutional guaranty. + +Then there is another important guaranty: "_nor shall (he) be compelled in +any criminal case to be a witness against himself_".(63) + +I wonder if you have ever heard of the days when men were tortured to make +them confess. I wonder if you ever heard of the rack where men were +stretched, almost torn limb from limb, or of the days when men were hung +up by their thumbs, in order to compel them to admit their guilt of some +crime. Have you read of the burning of the soles of men's feet? Or the +application of red hot irons to other parts of the body in order to extort +a confession? Well those were common things in some of the countries in +the days before America was born. Men would be arrested, charged with an +offense, and then an effort would be made to torture them into confessing +to the crime. And often where no such brutal torture was employed, men +were brought into court, put on the stand, threatened, examined, and cross +examined by lawyers to try to gain admissions which might help to prove +their guilt. Of course this was all wrong. It was brutal. It was a +violation of human right. When the Constitution of the United States was +framed this great abuse of human privilege was absolutely barred by the +provision, that no one can "be compelled in any criminal case to be a +witness against himself". In this country, when a man is brought into +court charged with a crime, it is the duty of the government to prove his +guilt. This proof must be by the sworn testimony of witnesses of certain +facts or circumstances, aside from any statement or admission by the +defendant. He cannot be compelled to be a witness at all. If he so wishes, +however, he may be a witness for himself. This privilege was denied him +under the English practice for generations, and even in this country in +many of the States until a comparatively recent time; but never since the +Constitution was adopted could any person charged with a crime against the +United States be compelled to testify to any fact or circumstance in +relation to the crime. Not only can he sit in the court room and listen to +the stories told against him, but he is guaranteed this right by +protection against any threats or inducements outside of court and before +the trial which would lead him to say anything against his innocence. +Every judge in criminal courts has been compelled at times to refuse to +admit in evidence before the jury certain statements or alleged +confessions. You may see in the paper where some man has been arrested for +breaking into a bank or committing some other offense, and it may be +further stated that the defendant has confessed that he broke into the +bank. Naturally you then say to yourself that he will be found guilty. +Well this constitutional guaranty not only protects him in court but +protects him out of court. He cannot be compelled to give answers after +his arrest while he is in jail, or even if he is at liberty under bond, +which can be used against him upon the trial. Of course a person charged +with a crime may waive this constitutional guaranty. He may voluntarily +say that he wants to tell his story, and if he does so without any +inducement, promises, or threats it may be admitted against him when the +trial comes. Otherwise not. To be admitted, it must appear to be +absolutely voluntary and of his own free will. If it appears that the +confession has been induced by promises of lighter sentence or "that it +will be easier for him", or if any other inducement is used to get him to +consent to make his statement, such statement cannot be used in evidence +because of his constitutional guaranty. Many times I have seen the court +refuse to admit proof of an alleged confession of a defendant, and I could +see that the jury trying the case and the people sitting in the court room +were surprised that the judge would not admit such proof even when the +confession was signed by the defendant; but the jury and the people did +not happen to think of this constitutional provision. Perhaps they had +never heard of it. Every judge is sworn to uphold and defend the +Constitution. No judge can permit any provision of the Constitution to be +violated if he can help it. A man is on trial before him. A written +confession is offered in evidence to help convict him. The defendant's +attorneys claim that the confession was not voluntary but was induced by +threats or promises. The court then makes inquiry and hears the witnesses +upon this question, and if the court finds that the confession was not the +voluntary act of the defendant, the same will be excluded because the +Constitution provides that no man "shall be compelled in any criminal case +to be a witness against himself". + +Let us turn again to the false accusation against your father. He is +charged with murder. He is on trial before a jury. The attorney for the +government pulls a paper out of his pocket and offers it in evidence. It +appears to be signed by your father. Your father's attorney objects to +having it considered by the jury for the reason that the policemen took +your father into a cell in the jail, and threatened that they would beat +him with their clubs unless he would sign a paper telling how he committed +the offense, and that in terror he signed the paper. At this point, the +court would hear the statements of your father, and other evidence, and if +it appeared that there were any threats of any kind used to get your +father to sign the paper, it would not be admitted in evidence at all. +Your father would only claim his constitutional rights as an American, and +they would not be denied to him. + +There are notable instances in which confessions were made and signed by +innocent parties, who were discouraged because the facts seemed to be all +against them, who felt that they were certain to be convicted, and that +their punishment would be lighter if they would make a confession. Under +this impression they made and signed a confession. It was afterward found +that the confession was false and that they were innocent of the crime. +This constitutional guaranty protects against any injustice of this kind. + +These careful efforts of the makers of the Constitution to guard the +liberties of the most humble persons must impress us with the earnestness +of their efforts to make this a free country, where no one shall be +deprived of his life or liberty except where proven guilty, after a most +carefully guarded trial. + +Isn't it fine to live in a country where the people have a Constitution +written in such simple language that even the little children can read it? +I want every one, even the smallest child, to understand that every line +of the Constitution was written to guard and protect each one of us, young +and old, against injustice and wrong. These safeguards cannot be taken +away except by the people themselves. The President cannot change the +Constitution. Congress cannot change it. Judges cannot change it. No one +but the men and women of America can alter it in the least. + +ELEMENTARY QUESTIONS + +1. Show how being put on trial again and again for the same offense would +be an injustice. + +2. Why is it right to have the verdict of "not guilty" final? + +3. What would be the result if it were not final? + +4. Why is this of _particular_ advantage to the poor man? + +5. Why should no man be compelled to be a witness against himself? + +6. Why do they allow a man to be a witness if he so desires? + +7. What is the importance of the guaranty protecting the defendant from +being examined as a witness? + +8. When a person is indicted for an offense, what is the duty of the +government with reference to proof of guilt? + +9. How is guilt proven in court? + +10. When may a confession made outside of court be introduced as evidence? + +11. Why would anyone accused of a crime confess guilt, when in fact he +might not be guilty at all? + +12. Can the President or Congress or a judge change any of the provisions +of the Constitution? + +ADVANCED QUESTIONS + +A. Discuss the democracy of the provision that the verdict of "not guilty" +is final while that of "guilty" may not of necessity be final? + +B. Why are confessions wrung from frightened or tortured men likely to be +untrustworthy? + +C. Why should the "Third Degree" methods be prohibited? + +D. Write a paper on the following: + + + The Third Degree + + Early Cases of Torturing Accused Persons + + The Burdens, Disadvantages, and Injustice of Permitting a Retrial + After A Verdict of "Not Guilty" + + Methods Sometimes Used to Secure a Confession of Guilt + + + + + +XIII. LIFE, LIBERTY, AND PROPERTY + + + Rights Protected By Due Process Of Law--Property Taken For Public Use + + +The three great things which every man, woman, and child cherishes are +life, liberty, and property. We see in every one of these guaranties how +careful the people who made the Constitution were to see that these +valuable things were sacredly guarded. + +It is stated in the Constitution that: + +"_No person shall ... be deprived of life, liberty, or property, without +due process of law._"(64) + +You can understand how important this is if you will realize how in the +olden days people were so brutally treated by their fellowmen, especially +by those in power who happened to represent the government. Have you ever +read the story of the Bastile, a prison in which hundreds of French people +were thrown without a trial, in which many were murdered and many kept in +dark cells chained to the floor for years? Have you ever read the story of +the Tower in London, where men were imprisoned and murdered without a +trial by any court and without an investigation by any one, often without +the knowledge of their closest friends? Have you ever read about how the +property of people was taken away from them without trial or investigation +to be turned over to the king or to some of his friends? Until you have +read something of the past, and realize how people suffered, how they lost +their lives, their liberty, and their property, you will never realize the +wisdom of those who framed our Constitution, nor the affection which they +had for the people of America in protecting them against such horrible +treatment. + +No person's property can be taken, no person's life can be taken, no +person's liberty can be taken under our Constitution without due process +of law. We do not need to discuss the meaning of "due process of law". You +will learn more about this later, as you study more fully the details of +the Constitution. It is sufficient now to say that no person's life, +liberty, or property can be taken away from him without his consent, +except by a trial before a legal court, in which the person shall have the +right to a fair hearing. He must have notice of the charge or claim made +against him. He must have a chance to appear in person. He must have the +right to employ attorneys to represent him. He must have the privilege of +bringing in witnesses to tell the truth about the charges that may be +made. There must be a decision by the court after a speedy public trial. +In all the States of this country any one is entitled to such a trial, and +he is also, in case of defeat, entitled to appeal and present his case to +a different and a higher court. These courts are the courts of the people, +selected by the people, and neither government nor individuals have any +right to take away anyone's life, liberty, or property unless the people +by and through their courts shall so find and do. + +Then we find the following constitutional provision: "_nor shall private +property be taken for public use, without just compensation_."(65) + +Of course the government at times must have property which may belong to a +private person. The public must at times take property belonging to an +individual. Property may be taken, even when the owner will not consent to +it, when it is taken for public use. One man's property cannot be taken by +the government and given to another person. Government buildings must be +erected and land must be obtained for such purposes. The public must have +railroads, and a railroad can only be built when land is obtained for what +is called the right of way. Sometimes a railroad must run through lots or +farms belonging to private owners. The higher right of the public to these +conveniences, these necessities, requires that when necessary the private +individual must give up his right of ownership to these higher public +uses. But even for the Nation, or the State, or railway, or for any other +public use, not one foot of land may be taken from the poorest man in the +country unless he is first fully paid its value therefor. Usually, of +course, the owner will sell his property for such purpose at a fair price, +but, if he is stubborn and will not do so, or if a fair price cannot be +agreed upon then the government of the State or of the Nation, or the +agents of the State or of the Nation may take such property by first +having its value fixed by a commission, or a jury, composed of the +neighbors of the owner. Where the amount fixed by such commission or jury +is not satisfactory to the owner of the property, he may appeal to the +court and have a trial, usually a jury trial, in which he can bring his +witnesses and prove the value of his property, so that he will finally +receive its full, fair, just value. + +By this constitutional guaranty every person is well guarded in his +ownership and possession of property. In countries existing before America +not much attention was paid to the rights of property owners. If the king +or emperor should demand possession of a certain piece of property the +owner had little to say about it. He received his orders and obeyed them, +because he was afraid of the power of the government. The government could +pay or not as it pleased. But this period of wrong and injustice was +ended, so far as the people of America were concerned, when the +Constitution became the final power in this land. + +There are a few people in this country who seek to have private ownership +of property abolished. No law taking away the right to own property can +ever come into force in this country until the people by their votes +change the Constitution. The Constitution stands guard over the farms, the +homes, the money, and all forms of personal property. It guards the +cottage of the widow with the same jealous care that it does the ten-story +building of the bank. No person and no power can interfere with the right +to accumulate property and to hold it, provided only it is honestly +obtained. + +ELEMENTARY QUESTIONS + +1. What are the three things that every man, woman, and child cherishes? + +2. What does the Constitution say about these three things? + +3. What was the Bastile? The Tower of London? + +4. Show how injustice was worked by confining people without due process +of law. + +5. What are some of the essentials of "due process of law"? + +6. When can private property be taken by the government? + +7. When the State wishes a piece of land, end the owner will not sell for +a fair price, how is the matter adjusted? + +8. What right for reconsideration has a person against whom a judgment has +been rendered in a trial court? + +9. How can the reasonable value of property be established or proven? + +10. Suppose the President of the United States wished a certain piece of +property upon which to build a summer home. Could the President secure the +land? Give reasons. + +ADVANCED QUESTIONS + +A. What are some of the steps necessary to due process of law? + +B. What would be the effect on people if life, liberty, or property could +be taken without due process? + +C. Discuss the process of condemning property. + +D. Write a paper on the following: + + + Evils of the Bastile and the Tower of London + + Why Military Courts Do Not Always Follow This Law + + The Different Purposes For Which Property May Be Taken For Public + Use + + Why Ownership of Property Should Be Protected + + + + + +XIV. CRIMINAL TRIALS + + +Accused Guaranteed A Speedy Public Trial By An Impartial Jury Of The Local + District + + +I hope no one here this morning will ever be arrested for a crime of any +kind, and yet, as I have already explained to you, the innocent are +sometimes brought before the court charged with a grave offense. Therefore +you should be interested in the investigation of the truth of any charge +that may be made against you, whether by a private individual or by a +public officer. + +I have already explained to you that in all grave offenses when a person +is charged with a crime, he cannot be brought before the court for trial +until the grand jury has investigated the facts and until they have +returned an indictment, or written charge, to the court. Until this is +done, the court has no power to proceed. + +But now suppose that you have been arrested, suppose that a grand jury has +investigated the charge against you, has heard witnesses, and has returned +an indictment. You are then brought up before the court, and the +indictment is read to you. This indictment I will explain to you more +fully later. When the indictment is read you are then required to say +whether you are "guilty" or "not guilty". If you have committed the crime +charged, it may be advisable to plead guilty and ask for the mercy of the +court in the punishment which he may impose. Courts usually temper justice +with mercy. Courts will usually impose a lighter sentence when a guilty +person pleads "guilty" and avoids the delay and expense of a trial. But, +if you are innocent, you will plead "not guilty", and then the government, +through its officers, will get ready for trial. You may not be tried right +away, as it usually takes some time to investigate the facts and get the +witnesses into court. As I will hereafter explain, you will be entitled to +an attorney when the time comes for your trial, when you will have a +chance to hear the witnesses offered by the prosecution, introduce your +own witnesses, and, under our present law, testify yourself, tell your own +story. + +If you will walk into a court some day you will see the judge and over at +one side twelve chairs for the jury. When your case is called for trial +the first thing will be to select the twelve men who will be the jury in +your case. I am not going to give the manner of selection at this time. +This will be fully explained later. I wish now to impress upon you the +fact that the Constitution expressly guards your rights by providing that +you shall be entitled to have your case tried, not before a judge, but by +a jury composed of men from the ordinary walks of life, laborers, +merchants, farmers, people of all classes; men just like your fathers are. +They are called. They hold up their right hands and take an oath to try +your case fairly and justly and to make a finding according to the +evidence which is brought before them. + +The Constitution provides: + +"_In all criminal prosecutions, the accused shall enjoy the right to a +speedy and public trial, by an impartial jury of the State and the +district wherein the crime shall have been committed, which district shall +have been previously ascertained by law._"(66) + +_This is an absolute guaranty_--a right which is given to you, given to +each of you, to every man, woman, and child, young or old, regardless of +color or creed. A trial without a jury would be a violation of your +constitutional rights. Of course, there are a few minor offenses, +misdemeanors, and violations of city ordinances, which are sometimes tried +without a jury, but in all infamous crimes, for which life may be taken as +punishment or for which a person may be sent to the penitentiary, every +one is entitled to a trial before a jury. + +Is not this a sacred right? Don't you think that it is wise to permit +people to have their rights and wrongs determined by a body of plain, +honest men? It removes any suggestion of the abuse of power by a person in +a public position. It inspires confidence in those who are brought before +the court for trial. If we cannot obtain justice before such a body of +men, how can justice be obtained in this world? + +I have already told you that in this country the people are not only the +makers of the law but the enforcers of the law. It is in these jury trials +where the people enforce the law. + +Of course, the hearing before the jury is held in court. The judge +presides. He directs the proceedings of the trial, sees that it is +conducted in an orderly way, endeavors to prevent any falsehoods from +getting before the jury, keeps away from the jury any hearsay or gossip, +or expressions of prejudice, or other matters not founded on absolute +knowledge and truth. But the jurors are the sole judges of what the truth +is, and, when the case is closed, when the evidence has all been +introduced and the attorneys have made their arguments and pleas, the +members of the jury retire to a private room by themselves. There they +discuss the evidence, come to some conclusion, make a finding of "guilty" +or "not guilty", and bring in their finding in the form of a verdict. + +Have you also observed that the constitutional protection of your liberty +not only provides for a jury trial, but also provides that it shall be a +"speedy" trial. That is, one charged with a crime cannot without his +consent, be locked up for weeks and months and years, as has often +occurred in other parts of the world. He is entitled to be tried just as +soon as the case can be prepared for trial, in justice to both sides. +Cases are often postponed for many months, but only by consent of the +accused. A case not tried at the second term of court will usually be +dismissed except when the defendant consents to the delay. + +The Constitution also provides that it must be a public trial. Oh! how +many men in the long ago have been tried and condemned in private, where +only a few enemies were present, where one's friends and neighbors could +not hear the charges or the evidence. In this country the doors of the +court room must be open. Any one has a right to enter and listen to the +proceedings. The public has a right to know what is being charged against +the humblest citizen, and what the proceedings against him are. Thus is +justice guarded. + +Then the Constitution provides that the trial shall be before "_an +impartial jury of the State and district wherein the crime shall have been +committed_." This is important. We are not to be sent away among strangers +to be tried. That is what they used to do long ago. That is one of the +things which our forefathers complained of most bitterly. In the +Declaration of Independence the colonies declared: + +"He (the King of Great Britain) has combined with others to subject us to +a jurisdiction foreign to our constitution, and unacknowledged by our +laws; giving his Assent to their acts of pretended legislation ... for +depriving us in many cases, of the benefits of Trial by Jury ... for +transporting us beyond Seas to be tried for pretended offenses." + +When the Constitution was adopted the people made up their minds that +nothing of that kind should ever occur again in free America. They were so +careful that they went so far as to provide that the district where a +trial shall be held "_shall have been previously ascertained by law_". +That is to say, that the place of trial, the county or district where it +shall be held, must be fixed by law before the crime is committed. The +courts or the legislature of any State cannot, after a crime is committed, +pass a law providing that such a crime shall be tried in a district then +to be named. The law must fix this in advance of the commission of any +offense. For instance, without such a constitutional provision, a person +who committed a crime in the State of New York might be taken to +California to be tried. This would not be American justice. The accused +would have the right to point to the Constitution of his country and +demand that he should be tried in New York, and any court which would not +grant this right would not only violate the oath which every judge takes +before he undertakes to perform the duties of such office, but his +unlawful conduct would perhaps result in his impeachment. The proceedings +would be reversed by a higher court, and the party would be granted a new +trial at a place and in accordance with his constitutional privileges. + +Isn't it wonderful how the little details which may affect one's liberty +were so carefully considered away back there when they were planning the +Nation and establishing the rules which would guard the rights of the +people? + +ELEMENTARY QUESTIONS + +1. Why should all of us be interested in a trial? + +2. Describe a court room scene. + +3. Why is trial by jury a sacred right? What would it be like if we did +not have this right? + +4. How are jurors selected in your State? + +5. Why is the trial to be held in the vicinity where the crime was +committed? What would be the dangers of taking it far away? + +6. Why should the jury be impartial? + +7. If the accused person is guilty, why is it advisable to plead guilty? + +8. Why is it impracticable to hold a trial immediately after the arrest of +the accused person? + +9. What is the first step in the actual trial? + +10. After a jury is selected, what is required of them before the trial +commences? + +11. Why is a speedy trial essential to justice? + +12. Why is it important that the trial should be public? + +13. State some offenses that are sometimes tried without a jury. + +ADVANCED QUESTIONS + +A. Can the judge declare an accused man guilty? + +B. How is trial by jury an evidence of the rule of the people? + +C. Show how this benefits the poor man and the rich man equally. + +D. Why are some trials delayed for many months? + +E. What is the importance of the clause "shall have been previously +ascertained by law"? + +F. Discuss the relative role of jury and judge in a trial. + +G. Write a paper on the following: + + + The Method of Selecting Jurors in Your State + + Delay in Trial + + The Injustice of Remote Trials + + Trial by Jury vs. Trial by a Judge + + The Procedure of a Trial From Beginning to End + + + + + +XV. THE INDICTMENT + + + Defendant Must Be Informed Concerning The Accusation Against Him + + +Now, my friends, in order to understand more fully the value of our +constitutional rights, let us again imagine ourselves in a place of +danger, danger of our liberty or of our life, and let us recall how +carefully we have been guarded. To the poorest tramp, or the richest +millionaire, the same rules apply. Innocent persons may be accused of +crimes; they may be arrested, but they cannot be brought into court and +put upon trial until they are fully advised of the charge against them. + +The Constitution provides: + +"_In all criminal prosecutions, the accused shall ... be informed of the +nature and cause of the accusation._"(67) + +This is the first step in bringing a person to trial. He does not go +blindly. He must be informed "of the nature and cause" of the charge +against him. He must be given full knowledge of the crime which it is +claimed he committed. _How is this done?_ Well, we have to consider the +constitutional provision that one cannot be put upon trial for an infamous +crime "_unless on a presentment or indictment of a Grand Jury_". What this +constitutional provision means is, that a grand jury shall hear and +consider the evidence and, if satisfied that a person shall be tried, they +shall draw up a writing called an "indictment", which they shall return +publicly in court. This indictment is a brief statement by which the grand +jury makes a charge against the person named of having committed a certain +offense, and the indictment must state not only the name of the offense, +but the manner, briefly stated, in which the grand jury claims the offense +was committed. + +So that under this constitutional guaranty the person accused knows what +he is to be tried for. This enables him to prepare for his defense. When +his attorney is consulted he examines a copy of the indictment. He sees +what is charged in it. He then talks over with the accused the facts and +circumstances with relation to the crime charged. He then makes proper +inquiry. If possible he secures witnesses with relation to the charge and +thus is enabled to come into court ready to hear the evidence offered by +the prosecution and ready to introduce witnesses to contradict or explain +the testimony introduced by the prosecution. + +So you see how valuable this right is. One may proceed intelligently, with +full light upon the alleged transaction. He is not required to stumble in +the darkness, perhaps to tumble into a pitfall. Without such a provision +you can see how helpless an innocent person might be if brought suddenly +before the court for trial for an offense which he never committed. If he +were not first advised of the nature of the charge and the circumstances +he might be helpless. You know evidence is brought before the court by +witnesses who are called by the attorneys for the prosecution and for the +accused. These witnesses take oath to tell the truth. But, unfortunately, +witnesses do not always tell the truth. They sometimes commit perjury. One +must be ready to meet false testimony. By the constitutional guaranty +requiring that the accusation be in writing, stating the crime and its +nature, one can be prepared. In many of the States still greater +precaution is taken to guard against any possible wrong, by requiring not +only an indictment but also requiring that there shall be furnished to the +person accused the names of witnesses and a brief statement of the +evidence which the prosecution expects to offer, this to be furnished +before the trial commences so that the defendant may get ready to meet it. + +Did you ever go into a court when a man was upon trial for a grave +offense? You should do so. Everyone should do so. But you should go there +with the proper spirit, not for amusement, not to criticise, but with a +full realization of the great human drama there being enacted. There at or +near the trial table you will see the defendant, the man who is being +tried. He may be a stranger. He may be poor. He may possibly be wicked, +but he is a human being; and no matter what faults he may have he is an +American citizen, and under the Constitution of our country he cannot be +convicted until proven guilty of the particular crime charged in the +indictment. He sits there while witnesses are telling their stories. You +will see him watching the jury. Occasionally he looks at the judge. But he +knows that no matter what the judge may think, he cannot find him guilty. +The jury and the jury alone can convict. + +It is a solemn proceeding, though the lawyers may at times appear to use +trifling words in their discussions. The prisoner looks through the court +room window. Outside the sun is shining, the birds are singing, and the +breezes sway the branches of the green trees. Everything seems to suggest +liberty and freedom. At no time is liberty so sweet as when it is in +danger. The prisoner realizes that in a few days the trial will be ended +and the verdict of the jury will determine whether he shall go out of the +court room to freedom or to prison. + +To-day it is the stranger who is on trial. To-morrow it may be someone who +is near and dear to you. If such misfortune should come, then you will +fully realize what a wonderful blessing it is that under our Constitution +everyone is assured of a fair trial, that a person can only be tried for +the specific offense stated in the indictment, and that a verdict of +guilty can only be rendered when the evidence is strong enough to convince +the jury of guilt beyond a reasonable doubt. + +ELEMENTARY QUESTIONS + +1. Restate the guaranties that every man has before being brought to +trial. + +2. Why should the accused be informed of the nature of the accusation? + +3. What would be the result if he were not so informed? + +4. Why is it necessary that this accusation be put in writing? + +5. Why is this important to everybody? + +ADVANCED QUESTIONS + +A. Illustrate the dangers of secret charges. + +B. What chance has a person with malicious and secret gossip? + +C. Upon a trial can evidence of hearsay or gossip be offered to prove +guilt? + +D. When a person makes a charge against a person and says, "Don't tell +anyone that I said this", what is the effect? + +E. Tell some of the dangers and injustices of slander. + +F. What is the first step in bringing an accused person to trial? + +G. Is it sufficient to charge the defendant with having committed murder +without any further explanation? Give reasons. + +H. What is required of a witness before he is examined? + +I. What is perjury? + +J. Why is a trial a solemn proceeding? + +K. How strong must the evidence be in order that a person may be found +guilty? + +L. Write a paper on the following: + + + The Need of a Public and Written Charge + + The Danger of the Secret Slander + + How An Accused Person Prepares For His Trial + + A Visit to a Court in Session + + + + + +XVI. GUARDING RIGHTS IN COURT + + + Confronted By Witnesses--Compulsory Process--Aid Of Counsel--Jury In Civil + Trial + + +I am sure that no one until he has studied the Constitution, no one +certainly who is not a trained lawyer, will realize the many safeguards +necessary to protect persons who may be wrongfully accused of a crime; but +the framers of the Constitution knew the dangers from the sad experiences +of innocent men and women who had been sacrificed by tyrants who had but +little regard for human life or for human liberty. + +Of course you now understand that in case an indictment is returned by the +grand jury, the person accused comes into court, or is brought in, and +enters his plea of "guilty" or of "not guilty". If he pleads "not guilty" +a jury is brought together, "empanelled", as it is called, and they are +sworn to hear the evidence, and decide the case according to the evidence. + +But in these grave criminal trials, in order that the truth may prevail, +every accused person is given the right to be confronted by the witnesses +against him. The Constitution provides: + +"_In all criminal prosecutions, the accused shall ... be confronted with +the witnesses against him._"(68) + +What does this mean? It means that the government, the prosecution, cannot +prove guilt by witnesses who are not present in court where the defendant +can see them, where they may be cross examined by counsel, where the jury +may observe them, and study their conduct and demeanor, because this often +helps in determining whether a person is telling the truth or a falsehood. + +In ordinary trials where property alone is involved, a witness may live in +another State or at some great distance from the place of trial. Witnesses +cannot be brought a long distance in those cases. In some States they +cannot be compelled to attend a distance of more than seventy miles. In +other States, not more than one hundred miles; so that to get their +testimony, the parties take their depositions. This means that instead of +bringing the witness into court, the parties obtain an order by which they +can go to the place where the witness is. There he is sworn before a +commissioner, or a notary public, examined, and his testimony is taken in +writing. The testimony is returned to the court where the trial is to be +held, and is then read to the court or the jury upon the trial. + +But in the trial of a person accused of a crime, depositions cannot be +used against him. Statements of witnesses in writing, or in any other +form, cannot be used by the prosecution. The witnesses must be physically +in court before the accused, and there orally testify, and the defendant +must have the right to cross examine them. + +But to give the accused person every possible aid in enabling him to have +the truth brought before the court and jury, he may take the depositions +of witnesses in his own behalf. That is, the prosecution--the State or the +Nation accusing a man of a crime--must prove the truth of the accusation by +witnesses personally in court confronting the defendant, but the defendant +is given the privilege of taking the testimony of witnesses at a distance, +in the form of depositions which are read to the jury. + +This provision of the Constitution may be very important to an innocent +person sometimes. The importance of it may never appear to us until +unfortunately we be wrongfully accused of a crime, and our life or liberty +in danger. + +Then the Constitution further provides: + +"_In all criminal prosecutions, the accused shall enjoy the __ right ... +to have compulsory process for obtaining witnesses in his favor._"(69) + +This is also very important. "Compulsory process" means an order of the +court, commonly called "subpoena", which is served upon witnesses by the +marshal, or the sheriff, or other authorized person, commanding them to +appear in court for examination before the court and jury as to the truth +of matters involved in the accusation against a person on trial. + +Here I wish you to recall the unfortunate fact that every little while +somebody is complaining about our government as "a rich man's government". +It is often claimed that the poor have no chance for justice. The truth is +that the rich and the poor stand equal in the courts. In creating the +Constitution, it is known of course that someone might be brought before +the court who was poor, without money, possibly without friends. He might +be innocent, but in order that his innocence might be established it would +be necessary for him to have witnesses who might live many miles away, who +would not come into court to testify of their own free will. Therefore, +there was inserted in the Constitution this provision, that every +defendant shall have the right to compulsory process, commanding witnesses +to appear, and there is no one so poor that he cannot have this privilege, +because the United States--and in most of the States we have a like +provision--not only issues subpoenas and compels the officers to serve +them, but it pays the expense of serving, and pays the witness fees and +mileage, so that the poor man has all of the rights in getting the truth +before the court and jury that the richest may have. + +Furthermore, in the same American spirit, when persons accused of an +offense are too poor to employ counsel, the government will furnish +counsel. The Constitution provides: + +"_In all criminal prosecutions, the accused shall ... have the Assistance +of Counsel for his defence_."(70) + +There is no person so poor, or obscure, or friendless, that when he is +charged with a crime which might affect his liberty or his life, he shall +not have the right to a full, fair trial. Not only are his witnesses +produced and paid by the government, but an attorney is appointed by the +government to represent him, and help him establish his innocence. + +This is a wonderful illustration of the paternal care which is manifested +for those who may be unfortunate, and this is all because under our +Constitution, liberty is a sacred thing, and it shall not be taken away +except in punishment for a crime which has been proven in open court in a +public trial before a jury, where the party has been confronted with the +witnesses against him, where he has had a chance to furnish witnesses in +his behalf and the aid of counsel in his trial. + +Then the people who brought the Constitution into being, feeling that so +far as practicable they should have control of the enforcement of law not +only in criminal cases, but in civil cases, included a guaranty in the +Constitution that: + +"_In suits at common law, where the value in controversy shall exceed +twenty dollars, the right of trial by jury shall be preserved._"(71) + +Of course there is often more or less controversy about property of small +value, where the expense and delay of jury trials might possibly be +oppressive, but in any case involving more than twenty dollars in value, +triable under the common law, which includes practically all cases except +those peculiar cases triable in Chancery, or in Courts of Equity, the +parties are entitled to a trial by jury. That is, instead of introducing +their evidence and having the judge decide what the truth is between them, +the parties are entitled to have a jury of men from the ordinary +occupations of life hear the evidence and say from the evidence what is +the truth. + +And furthermore, the people provided in the Constitution that: + +"_No fact tried by a jury shall be otherwise re-examined in any Court of +the United States, than according to the rules of the common law._"(72) + +Here again is the right to a jury trial, and the benefit of a jury trial, +and to a trial according to the established rules and precedents of the +common law courts carefully preserved. + +Now my friends, I know that there is much confusion in your minds about +trials in court. I do not expect you to know all about trials. We are +studying the guaranties of the Constitution so that we shall learn human +rights--our rights--under the Constitution. I am talking to you about the +safeguards of the Constitution so you shall know your rights, especially +so that you will always venerate the Constitution which guards your +rights, and defend it against those who may assail it. But I do want you +to have a clear idea of what a trial in court is. I want you to know the +purpose of the long days of examination of witnesses, the objections of +the attorneys to certain questions asked, the rulings of the court, and +the arguments of counsel. + +_The main purpose, aim, and object of every lawsuit_, as trials are +usually termed by people who are not lawyers, _is to find the truth_. The +proceedings in court in every lawsuit are a continuous search for the +truth. If in disputes we could agree to what the truth is, there would be +few lawsuits to try. + +A lawsuit only arises where there is a dispute to settle. If people agreed +about their rights there would be little need of courts. In criminal +cases, the government through the grand jury charges by indictment that a +man committed a certain crime. The government says the man did it. He +denies it by a plea of not guilty. He says he did not. The trial before +the petit jury is merely a search for the truth about the charge. _What is +the truth about the matter in dispute_, that is all that is involved in an +ordinary lawsuit. + +Picture two boys in a dispute about which owns a ball. One positively +asserts that it is his, that his father bought it and gave it to him. The +other is just as sure that it is his. He says that his brother gave it to +him. They quarrel so excitedly that a neighbor coming across the street +asks the cause of the trouble. They tell him their claims and ask him to +decide. One boy points out a rough spot on the ball which he insists was +caused by a blow from his bat while he was playing in his own yard. The +other says that his brother gave him a ball with red and white stitches. +The neighbor, after hearing these and many other claims, decides the case, +giving the ball to the boy whom he finds to be the owner. + +In this we have every element of a lawsuit. The dispute, the court (the +neighbor), the witnesses (the boys), and the judgment based upon what the +neighbor finds to be the truth from the evidence before him. That is all +that any court or jury can do, but under the Constitution in cases +involving life or liberty every possible safeguard is provided so that the +truth may be found, so that justice may be done. + +ELEMENTARY QUESTIONS + +1. Why should all witnesses for the prosecution speak in the actual +presence of the accused? + +2. Why should the accused be allowed to have testimony in his favor +submitted in writing? + +3. In what cases is written testimony ordinarily admitted? + +4. What is compulsory process? + +5. In what ways does the Constitution aid the poor man? + +6. In what cases may there be a trial without a jury? + +7. What is the main purpose of any lawsuit? + +8. What is meant by cross-examination of a witness? + +ADVANCED QUESTIONS + +A. In what way do these provisions sustain the fact that our government is +a democracy? + +B. Is a person more likely to commit perjury when not actually facing the +person accused? Give reasons. + +C. What is the provision of the Constitution as to "compulsory process"? +Explain the importance of this right. + +D. Explain the provision of the Constitution as to the right to have +counsel. + +E. Show how compulsory process and free counsel help the poor man. + +F. Why is jury trial omitted in small controversies? + +G. What is a "civil" case? + +H. Write a paper on the following: + + + How Perjury is Detected + + Oral and Written Testimony + + How the Poor Man is Protected + + The Purpose of a Trial in Court + + The Story of a Tramp Without Money, Accused of an Offense: How the + Constitution Helps Him + + + + + +XVII. PUNISHMENT + + +Prohibition Of Excessive Bail Or Fines, Cruel Or Unusual Punishments, And + Involuntary Servitude + + +Before we finish, I want you to have in your mind a clear conception of +the way in which a person accused of an offense is brought before the +court, tried, and convicted or acquitted. + +I have already explained that the first step is the arrest of the +suspected person.(73) Again put yourself in the place of the suspected +person. + +You are arrested. It is the duty of the officer making the arrest to bring +you into a court, but this is not generally to a trial court. A person is +generally brought before what is called a committing magistrate, a justice +of the peace or commissioner--some person having authority to issue +warrants of arrest. You may be far from home and friends when you are +arrested. You may be entirely unacquainted in the neighborhood. The +government is not ready to proceed to your trial. Witnesses must be +summoned, not only for the government, but if you have witnesses you +desire to use, they must be brought in. + +The general rule is to set the case for hearing--a "preliminary hearing" in +a day or two, or a week possibly. You must therefore wait until this time +comes. What are you going to do? Must you go to jail until they get ready +to have the hearing? No, you are entitled to bail; that is, you are +entitled to be discharged upon a bond fixed by the magistrate, +commissioner, or judge. There are usually only two offenses which are not, +as the saying is, bailable--murder and treason. Usually where murder or +treason is charged, the person is not admitted to bail. He is locked up in +a cell to await trial; but as a general rule, when a person is arrested +his bail is fixed--that is, the amount of the bond which he must file in +order to be discharged pending the trial. For instance, if it were a +charge of stealing a bicycle, the court might fix the bail at $500 or +$1000. That would mean that if he would file a bond, with sureties, +conditioned that in case he did not appear for hearing--that he should run +away, for instance--the sureties would pay into the court the amount of the +bond. Mostly any person of fair standing in a community can secure some +friends who will sign such a bond, so that he may have his liberty until +the trial. + +But the framers of the Constitution, again anxious about the liberties of +the people, provided: + +"_Excessive bail shall not be required._"(74) + +There were many instances in the olden days where bail was purposely fixed +so high--so far beyond all reason in view of the nature of the offense that +the party could not furnish the bail, the purpose being to compel the +party to remain in prison. Our Constitution guarantees to every individual +that the amount of bail fixed shall be reasonable in view of the nature of +the offense and if it is not reasonable, the person arrested may have the +matter brought before the court, who will make full inquiry, and reduce +the amount of the bail if found to be too large. + +All through these guaranties of the Constitution, all through these +provisions guarding the sacred rights of every person, you will see that +the effort is that justice shall be done, not injustice; that right shall +prevail, not wrong. That no one shall be kept in prison, deprived of his +liberty, unless absolutely necessary in the interest of justice. + +Then after a trial, if a person is found guilty, the Constitution again +guards the rights even of the guilty, by providing: + +"_Excessive fines (shall not be) imposed, nor cruel and unusual +punishments inflicted._"(75) + +When this constitutional guaranty was written persons then living could +recall without doubt the barbarous punishments which had been imposed in +civilized countries even for light offenses. Common hanging was not +regarded as sufficient punishment. "Hanged, drawn and quartered" was often +heard in the courts of countries which had been left behind. It was +nothing uncommon to see persons upon the roadside in England left hanging +to the gibbet for long periods of time where the people could see them as +a warning. It was not uncommon in those times to have a penalty of death +imposed for the offense of stealing. + +It is almost impossible to read of the punishments of the olden days, even +under decrees of courts, without a shudder. Therefore, every one in +America should be filled with gratitude that in the adoption of our +Constitution these excessive cruelties were forever ended. + +We have in this country the death penalty only for the most grave +offenses, and it is seldom imposed. Imprisonment is generally regarded as +just and sufficient. I might spend an hour if we had time, telling you +something of the horrible dungeons which served as prisons in the olden +days, into which God's sunlight seldom entered; of the chains the +prisoners had to wear; of the starvation; yes, and of the +lash--inhumanities which one can scarcely conceive, and which can never +disgrace the civilization of America. + +Again, carefully guarding the rights and liberties of the people we find: + +"_Neither slavery nor involuntary servitude, except as a punishment for +crime whereof the party shall have been duly __ convicted, shall exist +within the United States, or any place subject to their +jurisdiction._"(76) + +This is not a part of the original Constitution. It was adopted after the +war had driven slavery from our shores. The spirit of America has from the +beginning been exerted in enlarging the rights of human beings. Slavery +existed before the adoption of the Constitution, and so strongly was it +intrenched at that time in some of the colonies that it was impossible +then to wipe it out. + +But it did not belong in America, and the time came when the American +people, after a long bitter war, crushed the slave power, and swept from +our shores the last vestige of involuntary servitude. That it might not be +renewed, the people amended the Constitution so as forever to bar slavery +or involuntary servitude except as men might be put in prison in +punishment for crime after a full, fair trial. + +Did you ever read of the debtor's prison? It used to be in nearly every +country in the world, that men who were merely unfortunate, who got in +debt and who could not pay when the debt was due were sent to prison, and +kept there sometimes for long periods. It was most cruel, because in many +instances the persons were honest. They wanted to pay their debts, but +sickness came, or floods, or fire, or other misfortune, and when the time +came they were unable to pay and thus they lost their liberty. + +In those olden days, men were not only imprisoned, but in some countries +they were compelled to labor for the person whom they owed. They were +compelled to be slaves. + +But at last we have reached a stage in America, where no one may be +compelled to work for another, unless by his own free will, except under +conviction of a crime where the State may compel prisoners to work for +some one in order to help pay the expense of maintaining them. + +The old debtor's prison is gone. No one in this country can now be +imprisoned for an ordinary debt. There are a few States in which a person +may be imprisoned for debts arising in fraud, but for an ordinary contract +debt, mere inability to pay, no one in America can now be compelled to +submit to imprisonment. + +I wish sometime you would think seriously about what America has done for +the poor. In the olden days they had few if any rights; but to-day in +America, while by law we cannot prevent sickness nor sorrow, or other +misfortune, we can and we do guard the liberty of the poorest and the most +unfortunate. In fact many laws have been enacted which give to the poor +special privileges which are denied to those who have property or money. + +For instance in nearly every State there are what are called exemptions +for a person who is the head of a family, which protect him even in the +possession of a limited amount of property which his creditors cannot take +away from him in payment of a debt. In most of the States laborers may +hold the earnings of a certain period, for instance ninety days, for +support of themselves and their families, which no one can touch, which no +officers and no court can seize in payment of a debt. Also they are +protected in their household goods, their clothing for themselves and +their families, and in many other ways. + +The farmer who may be heavily in debt is protected for himself and his +family by having exempted to him a team of horses, harness and wagon, +machinery, farm utensils, and food and clothing for the family. + +I have not time to relate all that has been done by America in sympathetic +aid of the poor and the unfortunate. No other country in the world has +given such consideration to the poor as has America. + +We hear much talk of social injustice, that the poor man has no chance. +The truth is that more has been done in America during the past +twenty-five years to provide justice for the poor and unfortunate and for +those who toil, than was done in any other country of the world during the +last one thousand years. The spirit of America is right. The people have +the power. They are right at heart. The only weakness in America is the +failure of many thousands of our men and women to take an active interest +in the affairs of government. Hundreds of thousands, yes millions, of our +voters fail to go to the polls on election day to vote. They do not seem +to feel any gratitude for the privilege of living in a free country where +liberty is guarded by written guaranties of a Constitution which cannot be +changed, except by the will of the people themselves. + +ELEMENTARY QUESTIONS + +1. After a person is arrested where is he generally taken by the officer? + +2. If the hearing is postponed, what is generally done with him in the +meantime? + +3. What is bail? + +4. What offenses are not bailable? + +5. What is the constitutional guaranty as to bail? + +6. Why should excessive bail be prohibited? What would be the injustice of +this practice? + +7. What happens when a person "out on bail" fails to appear in court at +the time set? Is he relieved of further punishment? + +8. If a magistrate fixes excessive bail, what may the accused person do in +order to have it reduced? + +9. Name some cruel and unusual punishments? + +10. When was slavery in America abolished? + +11. What was a debtor's prison? + +12. How does America protect the poor? Can a debtor be put in prison for +failing to pay ordinary debts? + +13. What is meant by "exemptions" in relation to property and debts? + +ADVANCED QUESTIONS + +A. Explain the injustice of requiring excessive bail? + +B. When a judge determines the amount of bail, what factors does he +consider? + +C. What is the purpose of punishment? + +D. Discuss the movement for prison reform. + +E. What is the purpose of the bankruptcy law? + +F. Write a paper on: + + + Cruel and Unusual Punishments + + Punishment and Crime in the United States + + How America Protects the Poor Man + + The Reformatory Versus the Penitentiary + + + + + +XVIII. EQUAL RIGHTS OF CITIZENS + + +All Citizens Entitled To Equal Privileges And Immunities--Right To Vote Not + Abridged + + +The great achievement in American government was the establishment of a +Nation composed of independent and sovereign States. It was not an easy +matter to bring all these States together as one government, so that there +would be harmony and unity; but the framers of the Constitution succeeded +in a wonderful way in adopting rules and regulations--the +Constitution--which made this the most powerful and the most peaceful +Nation in the world.(77) + +Only once has there been any serious question between the States, and the +Civil War settled that forever. Following the war, to bind the States more +firmly together by the establishment of the rights of citizens of the +various States, an amendment to the Constitution was adopted in 1868, by +the people of the Nation, which is as follows: + +"_All persons born or naturalized in the United States, and subject to the +jurisdiction thereof, are citizens of the United States and of the State +wherein they reside. No State shall make or enforce any law which shall +abridge the privileges or immunities of citizens of the United States; nor +shall any State deprive any person of life, liberty, or property without +due process of law; nor deny to any person within its jurisdiction the +equal protection of the laws._"(78) + +This portion of our Constitution establishes the citizenship of every +person born or naturalized in the United States, and guarantees the rights +of such citizens, not only in the State where he lives, but in any State. +No State has the power, since the adoption of this amendment, to make or +enforce any law which shall abridge the privileges, rights, or immunities +of citizens, no matter in what State they may make their home. + +By this amendment all States are prohibited from enacting any law, or +permitting any procedure of their courts, which shall "deprive any person +of life, liberty, or property, without due process of law". + +You will recall that immediately after the adoption and approval of the +original Constitution there were ten amendments adopted which became +effective in 1791, in one of which it was provided that no person "shall +be deprived of life, liberty or property, without due process of law". +This forever barred the United States government from depriving the +humblest citizen of his life, his liberty, or his property, except through +the regular processes of the law which we have heretofore considered; and +by the amendment of 1868 the same restriction was placed upon every State +in the Union, thus completing the guaranty to every man, woman, and child, +that life, liberty, and property would be safe and sacred. No power exists +in the State or Nation by which life, liberty, or property may be +interfered with, except through the tribunals established by the people +themselves to hear and determine in a judicial way after proper notice +with full opportunity to be heard in a public trial. + +No secret schemes can be devised which will interfere with the rights of +the humblest citizen, no power can be created strong enough wrongfully to +invade the right to life, liberty, and property. These guaranties, being +written into the Constitution, will stand forever, unless the people by +their own choice shall throw away these great guaranties and destroy these +great blessings. + +Then following the Civil War, the people of America adopted the following +as part of the Constitution of the United States: + +"_The right of citizens of the United States to vote shall not be denied +or abridged by the United States or by any State on account of race, +color, or previous condition of servitude._"(79) + +You remember the Emancipation Proclamation by President Lincoln which +struck the chains from the limbs of men and women and children who had +been slaves for generations. They were human beings, though of the colored +race. They were lifted from the position of slavery to the dignity of +citizenship, and clothed with power to help in the government of their +country by being given the privilege of going to the ballot box to vote. +To establish this right and protect this privilege for all time, this +amendment to the Constitution was adopted by the people of the United +States. It was a bold thing to do, to clothe a subject race which had +little opportunity for education with the rights of citizenship. No nation +in the world ever before attempted such a wonderful and radical +experiment; but the people of America, having real confidence in human +beings, regardless of color, race, or creed, assumed the responsibility of +admitting the former slaves as part of the power of government in this +country. + +Of course you realize that the value of a citizen to his country, when it +comes to voting and making laws, depends upon his knowledge of public +affairs, and his confidence in his government; and therefore education is +absolutely necessary to real service to one's country. That is one of the +big objects of education--to qualify persons for full citizenship.(80) + +Too many of us consider the right to vote simply as a privilege to help +some neighbor to be elected to some public office. This view is all wrong. +Our country is first, and we never should help a neighbor to be elected to +an office unless that neighbor can help to make this a better +government.(81) + +When we elect any one, we are selecting a servant to represent us, to act +for us. Therefore great care should be exercised in selection. We must +inquire not only whether the person is good and virtuous, but also whether +the person is useful, and has right ideas about public service.(82) + +If congressmen, judges, legislators, mayors, or other public servants are +not honestly or truly representing the people, if they are not carrying +out the will of the people in their official actions, this simply proves +that the people have not selected the right kind of men to represent them. +There are honest men; there are men who are tried and loyal and patriotic. +They are our neighbors. We have the choice of selecting them if we want +to. _The truth is_ that nearly all public officers are honest and +patriotic. The truth is that as a rule they try to do what the people +want. But _the truth is_ that the majority of the American people take so +little interest in public affairs that they make no effort to have their +servants in public life know what they do want. People are ready to +criticise if a mistake is made, but they will do little to help avoid +mistakes. + +I'll tell you what I would like to see. I'd like to see this assembly room +in this school filled one night each week with children and men and women, +with parents and teachers. It would be a real community meeting to talk +over community, State, and National matters. I would like to see such a +meeting in every school in this city, in this State, and in the Nation. I +wish someone would start a movement to have the movies closed one evening +each week, so that the people might have at least one night to give some +little consideration to the serious problems of life. "Eternal vigilance +is the price of liberty." Vigilance means watchfulness, care, and thought. +Every man, woman, and child in America should watch and pray that our +liberties so dearly bought with the life blood of heroes should not be +taken away. + +ELEMENTARY QUESTIONS + +1. Show how the United States gave citizens of the different States equal +rights. + +2. Who can vote in the United States? Who are citizens of the United +States? + +3. Is the power to vote simply a privilege? + +4. Why is it that our representatives sometimes do not truly represent us? + +5. How can we interest people in voting? + +ADVANCED QUESTIONS + +A. Show how it is important that people should have equal rights in the +various States. + +B. Give some illustrations of the variations from State to State of +certain local laws, such as automobile laws, etc. + +C. If the law of New York limits the speed of an automobile to 25 miles +per hour and the law of Massachusetts limits the speed to 20 miles per +hour, can a citizen of New York travelling in Massachusetts legally +operate his car at 25 miles per hour? Under like circumstances can a +citizen of Massachusetts while in New York operate his car at 25 miles per +hour? + +D. Show in detail the dangers of not voting. + +E. How may a person obtain citizenship? + +F. What has education to do with citizenship or voting? + +G. Should you vote for a neighbor simply out of friendship? What should be +taken into consideration? + +H. Discuss Roosevelt's definition of a good citizen given in Note 5. + +I. Outline a proper program for a community meeting. + +J. Write a paper on the following: + + + The Privileges of the Citizen + + The Danger of Not Voting + + The Ballot--An Obligation Not a Privilege + + How to Become a Naturalized Citizen + + Voting and other Duties of Citizenship + + + + + +XIX. WRIT OF HABEAS CORPUS + + + The Privilege Of The Writ Of Habeas Corpus Not To Be Suspended Except In + War + + +Here is something in our Constitution which I suppose you have read, but +which you probably do not understand. That is, you probably do not +understand its real value, not to somebody else, but to yourselves, +because all of these provisions of the Constitution are for each one of +us. + +We may go along through life, never being placed in a position where we +will have to call upon the Constitution to defend us. Most of our people +are peaceful and just, and it isn't often that the rights of innocent +persons are attacked or invaded. It isn't often that an innocent man is +arrested for a crime, and yet such a thing may occur any day to any one of +us. You may rest assured that such things do not occur as often as they +would if the Constitution did not stand as a barrier to protect innocent +persons. These great constitutional guaranties are not only valuable when +we want to assert our rights, but they are valuable as a restraint upon +wrongdoers.(83) + +Now here is this provision: + +"_The Privilege of the Writ of Habeas Corpus shall not be suspended, +unless when in Cases of Rebellion or Invasion the public Safety may +require it._"(84) + +What is a "writ of habeas corpus"? "Habeas Corpus" is a Latin phrase, +which in English means "you may have the body". A writ of habeas corpus is +a writ directed to the person detaining another, or holding him in prison, +commanding him to produce the prisoner at a certain time and place before +a court or judge, so that the right of imprisonment or restraint may be +inquired into. It is an ancient writ, recognized as far back in English +jurisprudence as 1679. It was used against the king in the reign of Henry +VII, and on through the later years. It was recognized from time to time, +sometimes entirely denied, and again given force. + +But as applied to you and to me, what does it signify? Suppose on your way +home this evening, some person should seize you and force you to go to +jail, and lock you up. No charge is made against you. You are innocent of +any offense. You sit there in the cell wondering what it all means. You +cannot even communicate with your parents or friends. The jail is built of +stone, the iron bars are strong, and you are helpless. + +Well, in the olden days, many a man and woman had such experiences, and +many a man and many a woman lay in jail for long periods without any +charge, or any trial, deprived of liberty, utterly powerless. + +Now as I said, suppose you were in jail to-night--not even permitted to +communicate with a friend or with a lawyer, and your father found out +where you were. He could not go and break down the prison walls. He could +not even talk to you; but if he were familiar with the Constitution of the +United States and of his State--because there is a like provision in the +Constitutions of all States--if your father understood his constitutional +rights, he would at once apply to some court or judge for a writ of habeas +corpus. It would be a simple matter. He would set out in writing the +facts, simply the story that you were seized and were imprisoned +wrongfully, and he would ask that a writ of habeas corpus issue, and this +request, no court or judge can deny. He would promptly issue the writ, +which would be in writing directed to the person keeping you in jail, or +the keeper of the jail, or some one who was aiding in keeping you in jail, +and this writ would command such person to have you brought before the +court at once, "commanding him to produce the body of the prisoner at a +certain time and place". You would be brought there, and the person having +you in jail would have to show cause for such conduct. Unless legal cause +were shown, the judge would promptly discharge you, and the person who had +committed the wrong against you would probably receive proper punishment, +after a trial, for his wrongful act. + +Now there were long periods of time in England when the right to a writ of +habeas corpus was suspended, during which time a person wrongfully in +prison had no relief and no remedy, when helpless men and women starved +and died. So when the Constitution was adopted, the people of America were +careful to see that the following guaranty was written therein: + +"_The Privilege of the Writ of Habeas Corpus shall not be suspended_".(85) + +Under our Constitution this may be done only "in case of rebellion or +invasion" when "public safety may require it". For instance, in the World +War, which you all remember, some dangerous person, some traitor, might +have been arrested by the military authorities and detained in custody, +and he could not be discharged upon a writ of habeas corpus, because a +state of war existed, and public safety required that he be held. Of +course in times of war persons engaged in the military service are not +entitled to a trial in a civil court for their offense. They are tried for +military offenses by court martial. That is a military court, where the +judges are military officers, ordered by their superiors to sit and hear +the evidence. There is not much formality. In grave offenses prompt action +is necessary. Spies are caught, the courts organized, the evidence taken, +a finding of guilty made, and the party shot, all perhaps within +twenty-four hours. These are the necessary awful consequences of war. But +can't you see now what a sense of security this little provision of our +Constitution ought to bring to each one of us? We always know that in case +of our wrongful arrest, a writ of habeas corpus will bring us before some +court where we may have prompt inquiry into the reasons for invading our +right to liberty, and prompt order for discharge if the arrest is not +justified. + +This writ issues not only in behalf of persons confined in jails and +prisons, but also in every case where one is held by force against his +will by another person, because this is a free country, and no man, +whether a private citizen or public officer, has any power to restrain +another against his will, unless such restraint is under legal proceedings +with all the safeguards of the Constitution. + +I remember a case when unfortunately a father and mother were separated +and divorced. Their little boy was left with his mother. The judge decided +that the father was a bad man and that he was not worthy to have charge of +his son. + +A few months later that father went to the house where the mother and boy +lived, watched behind the hedge until the little boy was at play in the +yard, when he seized him, jumped in an automobile which was waiting for +him in the woods, and drove away at great speed. He took the boy to a +boarding school in a neighboring State, telling the principal of the +school that he wanted the boy safely kept until he should return from +Europe. After many days the sheriff with the aid of detectives found where +the boy was. The mother came to the school. Of course she was filled with +joy when she saw her son. She thought that she could take him away with +her at once, but the principal would not consent. He said that he had no +knowledge of whether or not she was the boy's mother; that she had no +right to take him away; and that his duty was to return the boy to the man +who had left him in the school. The appeal of the mother and the tears of +the boy were in vain. + +At last she had to leave the boy. She at once consulted a lawyer. He +prepared a written application asking that a writ of habeas corpus be +issued, commanding the principal of the school to bring the boy before the +judge, that the judge might hear the evidence, and make an order releasing +the boy from the school and placing him in the charge of his mother. The +writ was issued by the judge. An officer went to the school, read the writ +to the principal, who promptly brought the boy to the court room. + +There the judge heard the story of the mother and the simple tale of the +little boy, he examined certified copies of the order of the court +awarding the custody of the boy to his mother, which the sheriff had +procured, and then he very promptly ordered the principal of the school to +give the boy to his mother. The principal was of course glad to do so, +when he found that the father had done wrong. + +This is only one of hundreds of cases where the writ of habeas corpus +releases someone from wrongful confinement. Such wrongful confinement may +be in a school or in a home or in a jail or in a dungeon or in a dark +cellar. No matter where, the writ of habeas corpus does not stop at locked +doors or barred windows or stone walls. An officer with such a writ can +break and enter if necessary. No obstacle can be allowed wrongfully to +deprive an American citizen of his liberty. + +ELEMENTARY QUESTIONS + +1. What is a writ of habeas corpus? + +2. What does "habeas corpus" mean? + +3. When was it recognized in England? + +4. When may it be suspended in America? + +5. Just what does it mean to the average citizen? + +6. Can you think of a time when it might be valuable to you? + +7. What is martial law? + +ADVANCED QUESTIONS + +A. Just when is a writ of habeas corpus likely to prove valuable? + +B. Why is it called "the most famous writ of the law"? + +C. Show how it affects the poor man. + +D. Show how it makes for democracy. + +E. Write a paper on the following: + + + Abuses Found Before the Writ of Habeas Corpus Was Recognized + + Cases Where It was Used Locally + + The Experience of the Arrest of an Innocent Man Who Was Unable to + Furnish Bail + + A Court Martial + + + + + +XX. OTHER PROHIBITED LAWS + + + No Bill Of Attainder Or Ex Post Facto Law May Be Passed By Congress + + +This morning I have something else for you which you probably do not +understand, something that you can hardly imagine would interest you +personally; but as I have often repeated, always bear in mind that every +single clause of the Constitution is made for each and every one of us, no +matter what position we may have in life. + +The framers of the Constitution said: + +"_No Bill of Attainder or ex post facto Law shall be passed._"(86) + +What does "attainder" mean? It means the extinction of civil rights and +capacities and powers, which under the law in the olden times took place +whenever a person was convicted of treason, or of a crime for which the +death sentence was imposed. It means that all the estate of the convicted +person, all his land, money, or other property, was forfeited to the +government; so that upon his death nothing passed by inheritance to his +heirs. As it was expressed, his blood was "corrupted". He could not sue in +a court of justice. He was helpless to defend any right of himself or his +family. + +By "bills of attainder", which were legislative acts imposing that penalty +on the accused without giving him any hearing in a court, many persons +were deprived of their rights and their possessions in the centuries which +have gone by, in order that such rights and such possessions might go to +some favorite of the government. Of course no one would have much sympathy +for a person who might be actually guilty of treason, or guilty of a great +crime which involved a death penalty; but in the olden days innocent men +were often charged with treason and punished. Conspiracies were formed to +get rid of certain individuals who might be an obstacle to the achievement +of base ambitions. + +The abuses arising out of the imposition of attainder became so grave that +in the time of Queen Victoria a statute was passed in England abolishing +the extreme penalties which followed it. + +In some of the colonies in this country, before the Constitution was +adopted, acts of attainder were passed and enforced; but when the +Constitution was finally adopted, bills of attainder were forever barred. + +Don't you see the spirit of charity which is manifest in this, just as in +the entire Constitution, charity even for wrongdoers, charity for the +weaknesses of men? Wrongdoers of course must be punished, yet the +Constitution wipes out harsh and brutal methods which were common in the +days before America came into being. + +No "ex post facto law" shall be passed. _What does that mean?_(87) If a +person does an act, which at the time of the doing of the act is not a +criminal offense, the Congress of the United States, with all its power, +cannot make that act, innocent when done, a crime. Yet this used to be +done in the old days. You can imagine how in those days a brutal +government being desirous of getting rid of some objectionable person, but +desiring to have its acts appear legal, might find that he had done some +act which was not punishable under the law; but through a corrupt +legislative body, it might so legislate as to make the act a criminal +offense, and thus have the person tried and convicted. + +A person might commit an offense for which there was a moderate +punishment; and the legislature might, after the commission of the crime, +but before he was tried, increase the penalty. For instance, if there were +a penalty of two years imprisonment for stealing a horse, and some +neighbor was guilty of stealing a horse, thus leaving himself, when +convicted, subject to two years imprisonment, all the powers of the United +States government, all the powers of Congress, all the wonderful power of +the people of the country could not change the penalty, could not, for +instance, amend the law so as to provide a five year penalty instead of +two, so as to affect this neighbor who had stolen the horse before this +time. He could, if convicted, be sentenced to two years, but no more. + +You may think that those who adopted the Constitution must have been +suspicious of Congress, or the people in thus carefully preventing wrongs +against individuals accused of a crime--yes, individuals who had actually +committed a crime; but you can readily understand why they were so +careful. The conduct of the governments of the world had been such before +that day that suspicion was justified. The Constitution was made for the +individual--for men, women, and children--to guard their rights against the +abuse of power; and in fact most of the wrongs of the world have had their +origin in the abuse of power. The Constitution guards the humblest person +against abuse of the power granted to the government, as well as against +the wrongs of our neighbors. + +The people in this country have great power--absolute power. This power may +be expressed in laws enacted by Congress or by the legislatures of the +States, except in those things which the people themselves in the +Constitution of the United States, and in the Constitutions of the +different States, have placed beyond even their own power. + +Of course these provisions of the Constitution, as all provisions of the +Constitution, may be changed by the people, but not by a mere majority of +the people. These constitutional provisions relate to sacred rights, and +they may not be changed except upon mature deliberation, and by a vote +which represents the sentiment of at least a majority of the people of +three-fourths of the States. + +So I hope you can realize that when the framers of the Constitution +prohibited bills of attainder, and prohibited the enactment of the ex post +facto laws, they were doing something for the people of this country. They +had the rights of the people in mind--the rights of the humble and perhaps +unknown, as well as the rights of those in high places. I do not expect +you to study the details of these provisions of the Constitution relating +to bills of attainder and ex post facto laws. You will probably never have +to enforce these rights which are given to you under the Constitution. I +hope you will not; but the important thing which I always want you to bear +in mind is, that these guaranties of the Constitution are in existence and +that they confer upon you certain powers which may be asserted to protect +your liberty if occasion should ever arise. + +I am sure you realize that at the beginning of the life of the American +Nation, extreme care was exercised by those who framed the Constitution, +to guard the people at every point against injustice and wrong, whether +exercised by private individuals or by public officials. + +Understanding these things--feeling these things, will give you a new sense +of power, of pride, and of duty, as citizens of this great Nation. + +ELEMENTARY QUESTIONS + +1. What does attainder mean? + +2. What was the effect of a bill of attainder on the family of a man who +was convicted? + +3. Why does the abolition of attainder show the charity of the founders of +the Constitution? + +4. What is an ex post facto law? + +5. How would this kind of a law be unjust? + +6. How could a strong, powerful, and dishonest man work injustice by means +of such a law? + +ADVANCED QUESTIONS + +A. Show how attainder worked in England in the early days. + +B. What were the abuses found under such a law? + +C. Show how its abolition made for democracy. + +D. Show how the abolition of ex post facto laws made for democracy. + +E. Write a paper on the following: + + + The Injustice of Attainder + + The Injustice of an Ex Post Facto Law + + + + + +XXI. TITLES, GIFTS, TREASON + + +Prohibition Of Titles And Foreign Gifts--Treason, Its Trial And Punishment + + +America is a democracy. It was the plan from the beginning that it always +should be a democracy. The human race had suffered much from royalty, from +kings and emperors, and queens and princes. Human nature is weak. We are +all more or less attracted by people with titles. Story books which we +read in childhood exalt the "lords" and "ladies" and "princes", and I +regret to say that the history of lords and ladies and princes does not +always justify the pictures which our story books would paint for us. + +The men who framed the Constitution had just finished a life and death +struggle with royalty--a struggle between the people and a king, and the +people had won. They were determined that the blighting influence of royal +power should never again find a place on American soil. Therefore they put +into the Constitution: + +"_No Title of Nobility shall be granted by the United States: And no +Person holding any Office of Profit or Trust under them, shall, without +the Consent of the Congress, accept of any present, Emolument, Office, or +Title, of any kind whatever, from any King, Prince, or foreign +State._"(88) + +Never before in the history of the world was such a bold thing done. These +words reflect the spirit of the Revolution. They mark the turning point in +the history of human governments. They proclaim the final establishment of +the government by the people--the first real government by the people that +the world ever knew. + +I wonder if those who criticise the government of America who complain +that in this country the people have no chance, ever read these glowing +words of our Constitution. It isn't so much the words, but the spirit in +which they were made a part of our Constitution, the spirit in which the +young Nation proclaimed to the world eternal separation from kingly power. + +I find all through the Constitution an expression of grim determination to +fortify the Nation against any influence which would weaken the supreme +power of the people, which would in any way interfere with the plan to +make this a government by the people. + +In many provisions of our Constitution we find expressions which show how +humane America is. + +_We hate treason._ In fact there is no crime so dark, so awful, as +treason. But in the history of the world, treason has meant many things, +and unfortunately treason has been made not only the instrument of those +who sought the destruction of the governments, but it has sometimes been +made the instrument of tyrants in suppressing the rights, and in crushing +the hopes of the people. It all depends on what is meant by treason. + +In the olden days we find men charged with treason when the offense was in +fact very slight--perhaps a just resistance to the king, perhaps merely an +assertion of natural human right against the king. + +The government of the United States being intended to protect the +liberties of the people, the Constitution put a bar against prosecution +for treason, except where the accused was actually an enemy of his +country, endeavoring to aid in the destruction of his country. We are here +told what treason is: + +"_Treason against the United States, shall consist only in __ levying War +against them, or in adhering to their Enemies, giving them Aid and +Comfort. No person shall be convicted of Treason unless on the Testimony +of two Witnesses to the same overt Act, or on Confession in open Court._ + +"_The Congress shall have power to declare the Punishment of Treason, but +no Attainder of Treason shall work Corruption of Blood, or Forfeiture +except during the Life of the Person Attainted_."(89) + +We see all through the Constitution a splendid spirit of justice, and a +spirit of charity, even toward the guilty. By this article of the +Constitution, not only is treason defined, but any conviction of a person +for treason must be upon the testimony of at least two witnesses to the +same act, or upon a confession in open court. + +The innocent must not be punished; and the guilty, when convicted, shall +alone bear the punishment. Treason being such a grave offense, Congress +may, if it so desires, provide very severe penalties, but it cannot +attaint the blood, so that the children or the grandchildren of the guilty +person shall suffer as in the olden days; nor shall the right of +forfeiture of property obtain, except during the life of the person guilty +of treason. + +No one objects to any penalty, however severe, where treason is proved, +but it is contrary to the spirit of America to brand the innocent +descendants of one who is guilty of a crime. Of course the children of the +guilty will always bear a certain degree of reproach from their fellowmen, +but it is not fair that they should be visited with penalties for an +offense which they themselves never committed. It is the spirit of America +that each person shall enjoy any position in life which he may win by +merit and honest endeavor, and no obstacle should be placed in his way by +the wrong of an unfortunate ancestor. + +ELEMENTARY QUESTIONS + +1. America is a democracy. Why does this mean so much? + +2. What does that phrase bring to mind? + +3. Why did we abolish all titles of nobility? + +4. What is treason? + +5. Why is it limited so carefully? + +ADVANCED QUESTIONS + +A. What was the real purpose of abolishing all titles of nobility? + +B. Why did the founders of the Constitution refuse to permit our +representatives to accept gifts from abroad? + +C. What acts are treason to-day? + +D. Show how these provisions make for democracy? + +E. Write a paper on the following: + + + An Illustration of an Act of Treason During the World War + + How A Person May Obtain a Responsible Position in Life + + Laws Which Retard Advancement in Life + + + + + +XXII. JURY, EXCEPT IN IMPEACHMENT + + + Criminal Trials, Except Impeachment, To Be By Jury--Equal Rights--No + Religious Test For Office + + +There are still three articles of the Constitution containing personal +guaranties but the substance of these articles has been considered in +connection with other articles already discussed. They are the following: + +"_The trial of all Crimes, except in Cases of Impeachment, shall be by +Jury, and such Trial shall be held in the State where the said crimes +shall have been committed; but when not committed within any State, the +Trial shall be at such Place or Places as the Congress may by Law have +directed._"(90) + +"_The Citizens of each State shall be entitled to all Privileges and +Immunities of Citizens in the several States._"(91) + +"_No religious Test shall ever be required as a Qualification to any +Office or public Trust under the United States._"(92) + +Here again we see emphasized the right of trial by jury. I want you to +give some thought to this particular right, because it applies not only to +cases where persons are accused of a crime, but also to nearly all cases +involving property rights. + +The ordinary lawsuit, where one person is suing another to recover money, +property, or damages, is triable by a jury. You understand of course the +purpose of a trial. As already explained the main thing in every trial is +to determine the truth as to the points in dispute, and the truth in such +cases under our Constitution is determined, not by judges, but by jurors, +men from the ordinary walks of life, your neighbors, men accustomed to +dealing with ordinary human affairs. This right is important in aiding a +person to have the truth properly established; but it is especially +important, as I have heretofore explained, because it emphasizes the fact +that this is a government by the people, and that in grave emergencies +when life, liberty, or property, is in danger, the representatives of the +common people, selected from the ranks of the common people, shall be the +judges. + +Of course I have fully explained to you, and I do not wish to have any +confusion upon that point, that the judges themselves are also +representatives of the people, because they are elected by the people, or +appointed by those agents of the people who are elected by the people. + +I have intentionally repeated, sometimes over and over, rules and reasons, +because we must have them in our minds so that they will never be +forgotten. + +Now as above explained, the citizens of each State are guaranteed the +right to go to another State, and exercise in that other State the same +rights as the citizens of that State. This is in the spirit of America +which gives us all equal opportunity. A citizen of Massachusetts going to +the State of Minnesota has the same rights in Minnesota as the citizens of +Minnesota have. Minnesota could not discriminate against him because he +was a citizen of another State. Of course he could not exercise rights +which the citizens of Minnesota were not entitled to, but all rights of +the citizens of Minnesota are guaranteed to him while he is in that State. + +Now as to the provision which forever bars any religious test as the +qualification for any office or place of public trust under the United +States. We have already given serious consideration to the great +fundamental human privilege which the Constitution guards, the right to +worship God according to the dictates of one's conscience. We have already +found that regardless of church or creed each person stands before the law +equal in our country. The older you grow, the more fully you realize what +religion means to a great many people in this world, the more fully you +will appreciate the blessing which came to humanity in these provisions of +the Constitution. There are some of us who do not belong to any church +organization, and yet we are intensely interested, because there was a +time when every person was compelled by law to belong to a church +organization, to the state church, the state religion. I have already +explained that we find solemn statutes enacted by the British Parliament, +as an illustration, which provided for a death penalty for those who did +not believe in the religion of the state. + +There is no religious test which can be made a qualification for any +office under the United States; nor for any office for any State in the +Union. There should be no individual discrimination in voting for public +officials because of the religion or church to which a candidate for +office may belong. These are sacred, individual rights. Men must be judged +by their conduct, by their character, by their ability, by their capacity +to serve the people and their country, not by the religion which one may +profess. + +We must cultivate the spirit of charity toward our neighbors, charity +which means love, which enables us to maintain a proper spirit of +toleration for those who differ from us in matters of belief. + +ELEMENTARY QUESTIONS + +1. Does a citizen have the same rights in California that he does in New +York? + +2. Why is religious belief never made a qualification for office? + +3. What is impeachment? + +4. Are judges representatives of the people? Why? + +5. Can the State of Nebraska enact a law imposing a tax upon merchandise +shipped into Nebraska from any other State? + +ADVANCED QUESTIONS + +A. What is impeachment? + +B. Describe the manner of trial before trial by jury. Compare the justice +of the ordeal end wager of battle with the jury system. + +C. Show how these provisions make for democracy. + +D. Why is the spirit of charity necessary in a democracy? + +E. Write a paper on the following: + + + The Ordeal + + Wager of Battle + + How Englishmen Won the Right to Trial by Jury + + + + + +XXIII. WRONGS UNDER KING GEORGE + + + The Story Of The Colonists In The Declaration Of Independence + + +When we first read over the numerous guaranties of the Constitution +protecting the American people in their rights, we sometimes wonder why +certain provisions were inserted in the Constitution. Being born here in +America, never having been compelled to submit to the abuse of arbitrary +power, and always having lived under the Constitution, and always being +guarded by its provisions against the abuse of power, we can hardly +understand why it was necessary to make so many provisions against things +which we can hardly imagine ever happened in human government. + +Whenever you have a chance, read somethings of the governments of the +world under kings or other absolute rulers. In fact, we cannot understand +the blessings of our government until we know something of what our +ancestors were compelled to submit to under the governments of the +different countries of the world a few centuries ago. + +While we have in mind the guaranties of our Constitution, it is well for +us to have clearly in mind some of the definite things which the framers +of the Constitution had before them, some of the wrongs which the human +race had endured at the hands of government which the framers of the +Constitution were determined the people of America would never have to +endure. You can hardly imagine what little regard or consideration was +given to human rights in those old days now almost forgotten. I am not +going to undertake to discuss the problems of government in different +countries the world.(93) The purpose which I have in mind can be fully +served by a consideration of the government in this country under the king +of Great Britain during the years preceding the Revolutionary War. You +understand, of course, that even at that time a great advance had been +made in recognizing certain rights of the people. In fact, I think it is +generally recognized that England before the American Revolution had +attained nearer to a fairly just government than any other country in the +world up to that time. There had been many periods during its history when +the people had asserted themselves and had forced the recognition of +certain rights by the government--by the king, and yet it was still a +government by a king. It was a government under a king to which the +colonies owed allegiance. It was government under a king against which the +colonies finally revolted. It was government under a king which brought. +about the Revolution. It was resistance to government under a king which +inspired the heroes who won the liberty of the new world. It was the +brutality of a government under a king which inspired the framers of the +Constitution so carefully to guard against the abuses which the world had +known before liberty had been established on American soil. I will not +undertake to recite for you the things which the people were compelled to +endure under this government of a king. I will let the people of the +colonies tell their story. You remember that in 1776, after the beginning +of the Revolutionary War, the people of the Colonies adopted the +Declaration of Independence which recites in detail the abuses and wrongs +they had endured under a government by a king. It is one of the most +dramatic recitals in history. Let these colonies tell their own story. I +am not going to read the entire Declaration of Independence; I am simply +going to read the recital therein of the wrongs which came to the people, +the men, women, and children, the human beings, who up to that time were +compelled to live here in America under the government of a king. + + + The history of the present king of Great Britain is a history of + repeated injuries and usurpations, all having in direct object the + establishment of an absolute tyranny over these states. To prove + this, let facts be submitted to a candid world. + + He has refused his assent to laws the most wholesome and necessary + for the public good. + + He has forbidden his governors to pass laws of immediate and + pressing importance, unless suspended in their operation till his + assent should be obtained, and, when so suspended, he has utterly + neglected to attend to them. + + He has refused to pass other laws for the accommodation of large + districts of people, unless those people would relinquish the + right of representation in the legislature--a right inestimable to + them, and formidable to tyrants only. + + He has called together legislative bodies at places unusual, + uncomfortable, and distant from the repository of their public + records for the sole purpose of fatiguing them into compliance + with his measures. + + He has dissolved representative houses repeatedly for opposing, + with manly firmness, his invasions on the rights of the people. + + He has refused, for a long time after such dissolutions, to cause + others to be elected; whereby the legislative powers, incapable of + annihilation, have returned to the people at large for their + exercise; the state remaining, in the mean time, exposed to all + dangers of invasion from without, and convulsions within. + + He has endeavored to prevent the population of these states; for + that purpose obstructing the laws of naturalization of foreigners; + refusing to pass others to encourage their migration hither and + raising the conditions of new appropriations of lands. + + He has obstructed the administration of justice by refusing his + assent to laws for establishing judiciary powers. + + He has made judges dependent on his will alone for the tenure of + their offices and the amount and payment of their salaries. + + He has erected a multitude of new offices, and sent hither swarms + of officers to harass our people and eat out their substance. + + He has kept among us, in times of peace, standing armies, without + the consent of our legislatures. + + He has affected to render the military independent of, and + superior to, the civil power. + + He has combined with others to subject us to a jurisdiction + foreign to our constitution and unacknowledged by our laws, giving + his assent to their acts of pretended legislation-- + + For quartering large bodies of armed troops among us; + + For protecting them, by a mock trial, from punishment for any + murders which they should commit on the inhabitants of these + states; + + For cutting off our trade with all parts of the world; + + For imposing taxes upon us without our consent; + + For depriving us, in many cases, of the benefits of trial by jury; + + For transporting us beyond seas, to be tried for pretended + offenses; + + For abolishing the free system of English laws in a neighboring + province; establishing therein an arbitrary government, and + enlarging its boundaries, so as to render it at once an example + and fit instrument for introducing the same absolute rule into + these colonies; + + For taking away our charters, abolishing our most valuable laws, + and altering fundamentally the forms of our government; + + For suspending our own legislatures, and declaring themselves + invested with power to legislate for us in all cases whatsoever. + + He has abdicated government here by declaring us out of his + protection and waging war against us. + + He has plundered our seas, ravaged our coasts, burnt our towns, + and destroyed the lives of our people. + + He is, at this time, transporting large armies of foreign + mercenaries to complete the works of death, desolation and + tyranny, already begun, with circumstances of cruelty and perfidy + scarcely paralleled in the most barbarous ages, and totally + unworthy the head of a civilised nation. + + He has constrained our fellow-citizens, taken captive on the high + seas, to bear arms against their country, to become the + executioners of their friends and brethren, or to fall themselves + by their hands. + + He has excited domestic insurrections amongst us, and has + endeavored to bring on the inhabitants of our frontiers the + merciless Indian savages, whose known rule of warfare is an + undistinguished destruction of all ages, sexes and conditions. + + In every stage of these oppressions we have petitioned for + redress, in the most bumble terms; our repeated petitions have + been answered only by repeated injury. A prince whose character is + thus marked by every act which may define a tyrant is unfit to be + the ruler of a free people. + + +Now, if there be those who are not satisfied under the present government +of America, let them reflect. Let them compare their rights to-day with +the rights of the people subjected to the repeated "injuries and +usurpations" so eloquently recited by those who founded this government, +who adopted our Constitution which will forever bar any power from +exercising "a design to reduce them (the people) to absolute despotism". + +Read through this catalog of wrongs endured by the people of the colonies. +Then read through the guaranties of the Constitution. You will find that +in large part the guaranties of the Constitution were inspired by the +wrongs recited by the people when they proclaimed their independence.(94) + +I said that this recital is dramatic. It is also pathetic. Listen: "_In +every stage of these oppressions we have petitioned for redress in the +most humble terms; our repeated petitions have been answered only by +repeated injury._" Is it any wonder that the Constitution of the United +States should provide that "Congress shall make no law ... abridging ... +the right ... to petition the Government for a redress of grievances"? + +Is it any wonder that we find in the Constitution guaranties of freedom of +worship, freedom of speech and of the press, the right of the people to +bear arms, the right of the people to be secure in their persons, houses, +and papers, the right to a speedy jury trial when accused of crime, and +the right to a trial in the district where the offense was committed +instead of being sent beyond the seas? When we read of the wrongs endured +by the people under the government by a king we can readily understand why +the people put into their Constitution a guaranty that a person no matter +how poor shall have an attorney to defend him, shall have his witnesses +brought into court at government expense, that excessive bail shall not be +required, and cruel and unusual punishments shall not be inflicted, that +slavery is forever abolished on American soil, that the property of every +person, rich or poor is sacred, and that even the government of the United +States cannot take it for public use without just compensation, that every +person shall have equal protection of the law, and if wrongfully +imprisoned he can secure his release by writ of habeas corpus. You can +readily see that all these guaranties of the Constitution and many others +which we have been studying were intended to give protection to the people +from wrongs which the people had suffered throughout the world under the +different forms of government existing before America was born. + +From the stirring story related by the people in the Declaration of +Independence of the injustice which they had to suffer under a king, you +can see how carefully future generations of people upon American soil were +guarded by the Constitution against the wrongs which our forefathers had +endured. + +ELEMENTARY QUESTIONS + +1. When was the Declaration of Independence signed? + +2. How long did the colonists of America continue under government by a +king? + +3. How did it happen to be drawn up? + +4. Compare each sentence of this quotation (pages 167, 168) with the +guaranties that you have discussed in class. + +ADVANCED QUESTIONS + +A. Discuss in detail the reasons for the coming of the American colonists. + +B. Discuss in detail the contrasts noted in Note 2. Review the previous +study with reference to our Declaration of Independence. + +C. Write a paper comparing the solution found in the Constitution with the +grievances noted in the Declaration. + +D. Discuss a method by which this might be brought to the attention of the +Socialists, Anarchists, and Bolsheviki who are criticising our government +to-day. + + + + + +XXIV. SHALL ANY PART BE REPEALED + + + What Provisions Would You Have Taken Out Of The Constitution + + +We have discussed the main personal guaranties of the Constitution. There +is a large part of the Constitution which we have not yet considered. Not +because I do not regard it as important--it is all important--but because +the personal guaranties are of the highest importance. They constitute a +Bill of Rights, a bill of individual rights, of your rights and my rights. +These rights are clearly defined and carefully guarded. + +I heard a man say the other day that the Constitution ought to be +abolished, that it was an obstacle to human progress.(95) He did not say +why. That is the trouble with a lot of people in this world; they are ever +ready to destroy, but are never ready to aid in building up. Their purpose +is destruction, not construction. You will hear a great deal of complaint +about the Constitution. I have heard complaint about the Constitution. +This is our Constitution. We are directly interested in defending it +against all attacks if it is a good thing for us. If it is a bad thing we +are all interested in having it repealed. And of course you now fully +understand that the people have the power to repeal every line of the +Constitution if they want to.(96) + +So this morning I wish to submit to you a fair question. _What is there in +the Constitution that you think should be taken out of the Constitution? +What is there that should be repealed?_ I do not ask you to answer that +question now. I want you to think it over carefully. Go over each and +every word of the Constitution carefully. Talk it over with your father +and your mother. Talk it over with your friends, the boys and girls who +are studying this subject with you, and some day present to your teacher +or to me a statement of the part of the Constitution that you think ought +to be repealed. Of course, to come to a just conclusion on this question +you must not only look at the language of the Constitution but you must +take into consideration the purpose of each provision of the Constitution. +That is why we have been studying the Constitution in detail. That is why +we have considered in a general way something of the problems of the human +race under the past governments of the world. It is after all a simple +question--what is good for the people, and what is not good for the people. +What is good for _all_ the people--not for any special class. The +Constitution has been in existence, most of it, for considerably more than +a hundred years. During that more than one hundred years what a wonderful +development there has been in this country, development not alone in +property and in wealth, because after all that is not the main thing, but +development in human opportunity! What a wonderful expansion there has +been of human rights! What a splendid example we have had of the +maintenance and protection of human liberty! What wonderful legislation +has been enacted by the people during those years to make life easier for +the average man!(97) + +Consider all these things and then say frankly whether or not any +provision of the Constitution should be taken out. In other words, would +the repeal of any single personal guaranty, which we have been considering +in these lessons, help men, women, and children? Would it make life +easier? Would human liberty be better protected? Would the objects of +government, the right to life, liberty, and the pursuit of happiness, be +more effective? + +The Constitution is a sacred document, but there is nothing more sacred +than the right to life and liberty and happiness. Therefore do not +hesitate to deal fearlessly with the Constitution, but deal with it +reverently. It was intended as an aid to humanity. If it does not serve +that purpose it should be abolished. If any provision of the Constitution +is not an aid to humanity in America let us repeal that provision. Be +fearless; be also cautious. Be careful in any change to avoid the ills +which we have, that we do not invite other and more grievous ills that we +know not of. + +The American people owe to themselves, to their children, and to their +country, the solemn duty to give earnest consideration to our +Constitution. They owe the solemn duty, if the Constitution is serving a +great purpose for the people of America, to defend it against all those +who may attack. They owe the duty to uphold it and to guard it. It is a +sacred trust and this trust cannot be executed except through +intelligence, earnestness, patriotism, and loyalty. + +Therefore, if there be defects in the Constitution, pick them out and let +us unite in removing them, because the cause of humanity is greater than +the cause of fidelity to any law or constitution ever enacted by the +people. + +ELEMENTARY QUESTIONS + +1. Why are we interested in the Constitution? + +2. Why should we defend it from all attacks? + +3. In what way can we best defend the Constitution? + +4. Why should we wish to modify it? + +5. Just how can the Constitution be modified? + +6. What should be the spirit in which we should enter upon the +consideration of amendments to the Constitution? + +7. Just what should be the argument for any changes? + +8. Make a list of some of the modifications you think should be made. + +9. Arrange a debate on each one of these. + +ADVANCED QUESTIONS + +A. What is the fallacy of the I. W. W. constitution? + +B. How would you meet their argument? + +C. List the standards which should be used to measure the worth of any +suggestion of amendments to the Constitution. + +D. Discuss the process by which former amendments have been made. + +E. Write a paper on any amendments which you think should be adopted to +take anything out of the Constitution. + + + + + +XXV. AMENDING THE CONSTITUTION + + + The Power Of The People--What Provisions Should Be Added To It + + +This morning we are going to apply another test to the Constitution of the +United States. I have already asked you to analyze and study the +Constitution carefully, each provision of the Constitution, to see if +there be any portion that should be taken out. This morning I am going to +ask you to study the Constitution with a view of determining what, if +anything, you wish added to the Constitution. Do not assume that I em +imposing a duty which should only be undertaken by some learned lawyer or +statesman. This Constitution is a Constitution of the whole people and it +must be upheld and defended, not only by lawyers, judges, and public +officials, but by the people in every walk of life, by the children as +well as by fathers and mothers, by the poor as well as the rich.(98) +Therefore I come to you who are children to-day but who in a few short +years will be making the laws of this country through your votes at the +ballot box. I ask you to decide not only what, if anything, should be +taken out of the Constitution, but I ask what, if anything, should be +added to the Constitution; and again I want you to form your own opinions +about this after a careful study, after conference with your parents and +with your friends. It is a strange thing that we seldom hear any one +talking to his neighbor about the Constitution. People when they get +together talk about all sorts of things, serious and frivolous, but you +seldom hear them discussing the gravest problem in human life, which is +human government. Do not be afraid to take up the subject with your +friends. Do not be afraid to discuss with your friends some provision of +the Constitution. You are having a special advantage in being able to +study the Constitution while many of your neighbors never had such an +opportunity.(99) + +What can we add to the Constitution which will make it more effective as +an instrument in the protection of life, liberty, and property for us here +in America? + +Remember, we the American people can add anything to the Constitution that +we wish. Nineteen amendments to the Constitution have already been adopted +by the people. Do not feel discouraged because it takes a little time to +secure the adoption of an amendment. The Constitution should not be +amended hastily, but only after grave thought and earnest consideration. + +If we can only think of something to add to the Constitution which would +be a good thing for the whole people of America, I will guarantee that we +will have no difficulty in having it added to the Constitution. Of course +it will take earnest effort, but shaping the destiny of more than +105,000,000 people is a grave matter. The Constitution is the protection +of the rights of each individual and therefore any change in the +Constitution merits most earnest consideration upon the part of each one +of us. + +Think it over and advise me some day or inform your teacher of anything +that you can think of which, if added to the Constitution, would improve +this Nation as a country in which the people rule, anything which would +make the rule of the people more complete. That is the big thing after +all--the rule of the people, because when the people can rule themselves, +they ought to get out of life everything which they are entitled to by +their individual merits, ability, and effort. Always keep in mind that +there is no way by which a government of the people and by the people can +equalize opportunity for those who will not seek the advantages which are +open to them. No Constitution and no law can equalize industry and +idleness. No scheme of government can provide bread for those who will not +toil. It is impossible that human happiness can be guaranteed to those +whose lives are spent in wickedness and wrongdoing. + +So, my friends, after due thought and deliberation, prepare your +amendments to the Constitution of your country. Do not hesitate because +you may think that you cannot put them in proper form. The form is not +important; the idea is the great thing. Perhaps it may be that out of the +mind and out of the heart of some pupil in this school may come some day a +great idea which, incorporated into the Constitution or the law, may bring +added blessings to the American people.(100) I know of no power on earth +which can tie the hands of the American people in any effort toward +enlarging the powers of the people, which will better guard life and +liberty. We have seen how many safeguards were adopted by the framers of +the Constitution to protect each and everyone of us against the abuse of +power by the government maintained by the people. We have seen how +earnestly the framers of the Constitution guarded each individual against +wrongful conduct on the part of any servant of the people in any official +position. _Perhaps some one in this class may discover an additional +guaranty which would be helpful. If so, duty demands that the same shall +be made part of the fundamental laws of our country, the Constitution of +the United States._ + +As you read of America, as you think of its Constitution and laws, don't +you feel a sense of power, a sense of pride? + +If Mr. Allen who owns the big department store on Main Street were to come +here some morning and make each one of you a gift of an interest in his +store, if he should make you partners with him in his entire business, you +would feel grateful and proud. What an intense interest you would take in +the store and all the details. You would talk about it at home and to your +neighbors and friends. Each of you would begin to study the business. You +would take pleasure in reading about merchandise, prices, and business +methods. + +Well, we are all partners in this great Nation. Liberty is more valuable +than merchandise or profits. If someone stronger than you should undertake +to take away your liberty, you would fight for it and die for it if +necessary. + +Being partners in America, won't you study America? Won't you talk about +the blessings of America at home and to your neighbors? Won't you study +the problems of America so that each succeeding year it can pay greater +profits in freedom and justice and righteousness? + +ELEMENTARY QUESTIONS + +1. What do your parents say about changes in our Constitution? + +2. How would you advise them to act? + +3. Can you tell them how changes in our Constitution can be made? + +4. Why is it necessary that each one of us take a personal interest in OUR +Constitution? + +ADVANCED QUESTIONS + +A. How would you meet the argument of the radical who wants a revolution? + +B. How would you show others that we have a great partnership in America? + +C. What two ways are possible for constitutional amendments? + +D. List a series of additions that you think should be made to the +Constitution. + +E. Write a paper upon some one amendment to our Constitution that you +believe to be worthy of adoption. + + + + + +XXVI. MACHINERY OF THE GOVERNMENT + + +The Agencies, Officers, And Methods For Exercising Powers Of The National + Government + + +Now my friends, we have reached the end of discussion of the personal +guaranties of the Constitution--the American Bill of Rights. + +As I have heretofore stated, this is the real, important part of the +Constitution, because it is in a study of these guaranties that we fully +realize the blessings of our free American government. Any one who has +earnestly considered this great American Bill of Rights can readily answer +the question, "What has America done for me and for my children"? + +But I would not have you feel that the other parts of the Constitution are +of small concern. Each provision of this great charter of human rights is +very important, and worthy of careful study. + +Article I of the Constitution provides that all legislative powers granted +"shall be vested in a Congress of the United States, which shall consist +of a Senate and House of Representatives". Now you will understand of +course that up to the time the Constitution was adopted, the United States +had no power; in fact there was no United States. The colonists through +the Articles of Confederation had attempted to establish a Nation which +was designated "The United States of America", but the result of their +efforts was really a confederation, and not a real union.(101) _The Nation +was formed by the adoption of the Constitution._ The Nation formed was in +the nature of a partnership. I suppose you know but little about +partnerships organized by individuals. A partnership is generally formed +by a written agreement signed by the partners. This agreement usually +contains provisions as to the share or interest of each partner, the power +of the partners and of the partnership, and the objects and purposes of +the partnership. + +The United States is a partnership between the people and the Nation. The +Constitution is a partnership agreement binding upon all the parties to +the agreement. Before the adoption of the Constitution the people +possessed all the power of government and governmental action. The people +gave some of their power to the Nation, but only a small part of the power +of the people was given. Always bear in mind that the United States--the +Nation--has no power, and never had any except what the people granted in +the Constitution and in the amendments thereto. + +You will see in Section 8 of Article I the specific powers granted to +Congress by the people. They include the following: lay and collect taxes; +pay debts; provide for defense and for the general welfare; borrow money; +regulate commerce among the States and with foreign nations; provide for +naturalization and uniform rules of bankruptcy; coin money, regulate the +value thereof, and fix the standard of weights and measures; punish +counterfeiting; establish post offices and post roads; protect authors and +inventors by copyrights and patents; establish courts; punish piracies and +felonies on the high seas; declare war, raise, and support armies; provide +and maintain a navy; provide for organizing armies, for disciplining the +militia, and for calling them to serge in certain emergencies; exercise +exclusive power of legislation "over such District (not exceeding ten +miles square) as may, by Cession of particular States, and the acceptance +of Congress, become the Seat of the Government of the United States"; make +all laws necessary and proper for carrying into execution the foregoing +powers "and all other Powers vested by this Constitution in the Government +of the United States, or in any Department or Officer thereof." + +So you see large powers were granted by the people to the new Nation. + +However, the people were very careful. Nearly every government in the +world, before the organization of the United States, had at times proven +false to the people. Many governments were false to the people all the +time. Indignities and abuses were often heaped upon helpless men, women, +and children. Governments were more often maintained to serve royalty or +aristocracy than to protect the rights and liberties of the common people. +Therefore when it came to organizing this new Nation, the people were +careful to guard against the abuses of the past. Thus they not only +specified definitely the powers conferred upon the United States, but +(Sections 9 and 10 of Article I) positively stated certain things which +the United States could not do. + +_The people also were suspicious._ The experience of the human race with +governments justified this suspicion. When the Constitution was submitted +to the people, many protested that the individual liberties of the people +were not sufficiently guarded; and before the people consented to ratify +the Constitution, it was necessary that they should be given assurance +that upon the ratification of the Constitution, amendments would be +proposed and submitted to the people, expressing clearly the guaranties +given to the people against improper exercise of power by the National +government and especially protecting the liberty of all the people. These +amendments, which constitute the Great American Bill of Rights, were +proposed by Congress in 1789 and were ratified by the States in 1791. + +Now let us get the foregoing brief summary fixed in our minds. + +The Constitution is a partnership between the people and the Nation in +which the people (1) grant to the Nation certain specific powers; (2) +restrain the Nation from exercising powers not granted; and (3) in many +particulars direct the manner in which the powers granted shall be +exercised. The Constitution also provides for what may be termed the +"machinery of government". It separates the powers of government into +three divisions: the legislative, the executive, and the judicial. It then +provides for the officers (the agents or servants of the people), who +shall exercise the powers of each department, and prescribes certain +qualifications for such officers, the methods of their selection, and the +terms of such officers. + +In Article I we find certain qualifications for Senators and +Representatives--the length of their term of service. Senators are elected +for six years, Representatives for two years. There are also certain +provisions as to their election, the organization of the Senate and House, +to some extent the method of procedure, and direction as to the exercise +of certain powers. + +Article II of the Constitution fixes certain qualifications for President +of the United States, the executive head of the Nation; provides the +manner of the election of the President and the Vice President, confers +certain powers and duties, provides that the term of office of President +and Vice President shall be four years, and designates the causes for +which they may be removed by impeachment. + +Article III of the Constitution provides for courts and judges, and fixes +their jurisdiction--their power--and gives direction as to trial and penalty +in certain cases. + +Thus we find that the Constitution guarantees a National government (a +republican form of government), confers certain powers formerly held by +the people, provides an executive to enforce the powers granted, a +legislative body to make laws under which the powers may be exercised, and +establishes courts to construe and apply the laws enacted, to the end that +human rights and liberties shall be protected. + +Let us carry in our minds this picture of the people of the colonies, who +through generations had struggled with royalty to secure the blessings and +liberties for which they had come to the New World. In the local +government of the colonies much had been done to apply the principles of +liberty, but in their relation to the mother country they had endured +abuses and sufferings, which finally in 1776 found expression in the +Declaration of Independence. + +In an effort to unite their strength they had formed a federation of the +thirteen States, but their dreams of a free country were not realized +until in the Constitution they had formed the "more perfect Union" which +was created to "establish Justice, insure domestic Tranquility, provide +for the common defence, promote the general Welfare, and secure the +Blessings of Liberty to ourselves and our Posterity". + +Now let us bear in mind that the people reserved much of their power, +which under the plan of government adopted was to be used in their +respective States under Constitutions and laws expressing the will of the +people with relation to their domestic affairs. At our next meeting, we +shall consider briefly something of the Constitutions of the States, where +they come from, and the wonderful purpose they serve in carrying out the +scheme of the people in actual self government. + +ELEMENTARY QUESTIONS + +1. Why are the individual guaranties of the Constitution so important? + +2. What is meant by legislative power? + +3. In whom is the legislative power of the United States vested? + +4. When and how was the Nation formed? + +5. What is a partnership? How is it usually formed? + +6. From whom did the United States obtain its power? + +7. State the terms of service of: (a) the President, (b) Senators, (c) +Representatives, (d) the Vice President? + +ADVANCED QUESTIONS + +A. Tell some of the powers conferred by the people upon the United States. + +B. Into what departments does the Constitution separate the powers of +government? + +C. At the time of the adoption of the Constitution, why were the people +suspicious? + +D. Name some officers now in service of the National government: (a) in +the executive department, (b) in the legislative department, (c) in the +judicial department. + +E. Write a statement of the attitude of the people of the States when the +Constitution was submitted to them for ratification, what was the subject +of public discussion, what parties were formed, and what was done to +secure the consent of the people to ratify the Constitution? + +F. Write in 100 words or less a summary of what the United States +Constitution is. + + + + + +XXVII. STATE CONSTITUTIONS + + + The Grant And Limitations Of Power Expressed By The People In The + Constitutions Of The States + + +Every human organization had a beginning. This is a large city in which we +now live, but there was a time within the memory of men still living, when +there was nothing here but an unbroken prairie. A log cabin was the first +building where the city now stands. Then came the cultivated fields. A +flour mill was erected down on the river bank, then a blacksmith shop, a +store, a livery stable, some modest dwellings, then a school house, and a +church. Thus came the little village which through the years has slowly +grown into the present city. + +Thus came all the cities, and thus came the States. There was a time not +so long ago when there were no white people within what is now the borders +of our State. There was the "first white settler", the first cultivated +patch of ground, the first log house, the little settlements, the lonely +log cabins in between, and then the State. + +Thus were the thirteen colonies founded, and thus were founded the +thirty-five States which have been admitted to the Union since the +adoption of the Constitution. + +Every human organization with any degree of permanence has something in +the nature of a constitution. It may be in writing, it may be oral, or it +may rest in a mutual understanding expressed only by acts and conduct. It +may be manifest from customs which have been observed by all the members +of the group. + +The proud boast of America is that it was the first Nation in the world +which adopted a complete written Constitution binding upon the Nation and +upon the people, a Constitution which provides for courts with the power +of restraining the Nation and the individual from acts or conduct which +violate its provisions, designed to guard human rights. + +Until the Declaration of Independence in 1776, the colonies in their joint +efforts for liberty and justice, were called the "United Colonies"; but +after independence was proclaimed, this title gave place to that of "The +United States". Thereupon eleven of the thirteen States adopted +Constitutions. In two States--Connecticut and Rhode Island by an act of the +legislature, the existing charters were continued in force so far as +consistent with independence. These Constitutions all came into being +before the adoption of the Constitution of the United States. Of course +they were far from perfect, and all have been amended from time to time, +so that now the Constitution of each State provides a truly American +system of government.(102) + +Nothing in the Constitution of the United States requires that each State +shall have a written Constitution, but the wonderful achievement of the +people in creating the Constitution of the United States has been a guide +and inspiration to the people of the States, and each State has adopted a +written State Constitution, following the method and spirit of the +colonists in the long ago, drafting the Constitution in a convention of +delegates and ratifying it by another special convention or by the vote of +all the people. + +Then as each new State was admitted to the Union, a Constitution was +adopted.(103) By the Constitution of the United States, Congress has the +power to admit new States, thus by implication controlling the subject +matter of the original Constitution of each State admitted. + +It is not my intention to consider in detail the Constitutions of the +various States. This is not essential to the purpose which I have in +talking to you. I am very anxious that you shall realize that each State +is a separate sovereignty; that when the people created the United States, +and adopted the Constitution of the United States, they give to the United +States limited power; that the plan of government contemplated that each +State should have its own Constitution; and that in each State the people +should enact their own laws governing the conduct of the people in their +respective States. + +An examination of the Constitutions of all the States will show how +carefully the people of each State incorporated in their State +Constitution the great principles of government, and the guaranties of +liberty which were so carefully provided in the Constitution of the United +States. + +Different language is used in the different State Constitutions, but in +each it will be found that the government of the State, as of the United +States, is divided into three departments--the executive, the legislative, +and the judicial; that the executive power in the States is vested in a +Governor; that the legislative power rests in what is usually termed a +"General Assembly" consisting of a Senate and a House of Representatives, +modeled after the Congress of the United States; that the judicial power +is to be exercised by courts--a Supreme Court and other courts designated +as District Courts, Circuit Courts, and many other titles, varying in +different States. + +Public officers, servants of the people, are provided for, and usually +their selection is by vote of the people at general elections for which +provision is made. + +The really important thing in the State Constitutions, as well as in the +Constitution of the United States, is the Bill of Rights specifically +guarding the natural rights and liberties of the people. + +The guaranties in the State Constitutions are not all uniform, but as a +general thing you will find that each State has incorporated in its +Constitution those sacred guaranties which in the Constitution of the +United States form the real foundation and protection of human liberty. + +Always bear in mind that the Constitution in each State, as in the Nation, +is an instrument of fundamental law, or body of laws, which prescribes the +form of government, fixes the different departments of government, +provides the agencies of government, and declares and guarantees the +rights and liberties of the people.(104) + +The Constitution of the United States is the Supreme law of the land, and +the Constitution of each State is the supreme law of the State. These +Constitutions must be respected, and must be obeyed; and any law enacted +by the legislature of a State or by the Congress of the United States +which is contrary to the provisions of the Constitution is null and void. + +By their Constitution the people of a State proclaim and establish their +power superior to the power of the legislature of the State or any officer +of the State. The power expressed in the Constitution is the power of the +people. They have, by their solemn document--the Constitution--established +certain rules, regulations, principles, and guaranties, which cannot be +changed by ordinary legislation.(105) Of course the people can change and +modify the Constitution of State or Nation. Every Constitution provides +some method of amendment. Some States provide for a constitutional +convention from time to time, where the people through their +representatives selected for such a purpose assemble to consider the +question of change or modification. In other States the legislature may +propose amendments which must be submitted to the people for their +approval. In all States some procedure is provided which requires careful +deliberation and consideration by the people before the Constitution is +changed.(106) + +Now it is very important that every citizen shall have a knowledge of the +Constitution of his State. It is of the highest importance that every man, +woman, and child shall know and feel the solicitude, the care, which has +been exercised in the framing of the Constitution to guard individual +rights. + +As I have heretofore explained, the purpose of government is to guard +human rights and human liberty. This is true of the government of the +United States, and it is true of the government of each State. Always keep +in mind that in this country, what we call "the government" is merely an +agency of the people--an expression of the power of the people in a defined +way, agreed upon by them, through which they protect themselves against +wrong by the agencies of government which they have created, and against +wrong by their neighbors. + +Inspiring indeed is it to contemplate the spirit in which the founders of +the American Nation and of the States of America studied the methods by +which human rights should be protected. They were unselfish; they were in +the highest degree inspired by a holy purpose to guard the people of +America against the wrongs, the abuses, the cruelty which their ancestors +in the past had suffered; and to accomplish their purpose they exercised +the greatest care to maintain the power of government in the people +themselves--the power to make laws and to enforce them. + +I suppose it may be said that the highest achievement of the American +people in creating a National government and the governments of the States +is expressed in the words of Lincoln when he proclaimed this to be "a +government by the people". + +ELEMENTARY QUESTIONS + +1. What is a village? + +2. What is a State? + +3. When were the colonies first called States? + +4. What States adopted Constitutions before the adoption and ratification +of the Constitution of the United States? + +5. Can the people of the State of New York enact a law punishing a person +for coining silver dollars? Why? + +6. Can Congress pass a law Sting the punishment of a person for stealing a +horse in the State of Michigan? + +7. When was the State in which we live admitted to the Union? + +8. Who framed the Constitution of this State? + +ADVANCED QUESTIONS + +A. What is a constitution? + +B. Explain fully how a Constitution of a State comes into, being. + +C. Must a constitution be in writing? If not, what may be its form? + +D. State how the Constitution of the United States may be amended. + +E. In what way may the Constitution of a State be amended? + +F. Write briefly telling the advantages of a written constitution. + +G. State in writing the power of the courts in exercising their power and +duty of defending the Constitution. Give an illustration. + +H. Write an explanation of the power and influence of the Constitution of +the United States in guiding the people in framing the Constitutions of +their States, and in what things the Constitution of the States follow the +Constitution of the United States. + + + + + +XXVIII. THE SUFFRAGE + + + The Significance Of The Nineteenth Amendment To The Constitution + + +This meeting was at night. Some of the parents who had attended the talks +from time to time had requested that the last meeting be held at night so +that some of the busy fathers and mothers might come. The assembly room +was crowded, and although extra chairs had been placed in the aisles, +there were a number of people standing. The principal said that it was the +largest crowd that he had ever seen in the room.(107) + +First everybody arose and sang "The Star Spangled Banner", and when the +meeting closed, the audience joined in singing "America".(108) The judge +was greeted with loud applause. He said: + +I am happy to-night. This meeting is an inspiration. It is a real +community meeting, a real American meeting. If meetings like this were +held once each week or once every two weeks in every school building in +the United States I should not fear socialism or bolshevism or anarchy. +Such ideas cannot live in a community where the people really know each +other. There are no class lines here to-night. You are too close together. +I see a banker over there whom I have known for thirty years. He was +brought up in this city, attended this school, and has spent his whole +life here. His success in life came to him among old friends in the +community where he was born. Near him I see a bricklayer. I have known him +and respected him since boyhood. We played on the same baseball team when +we were both younger and could run faster than we can now. He went to the +Washington school. The children of these men are in this school now. In a +few years they will be grown men and women doing the work that we shall +have to give up soon.(109) + +So with most of the people in this room to-night. They were born here, +went to school here, and they have worked here all their lives. Some +followed one occupation, some another. This was a matter of their own +choice. Their children are now growing up, as they once grew up. Soon they +will be selecting their life work. Soon they will be voting and performing +other duties of citizenship. Soon you and I, fathers and mothers, will +pass off the stage of life. Soon we shall be forgotten by all except the +few who compose the family circle, who love us notwithstanding our faults. + +For a few weeks I have been acting as teacher. I have been trying hard to +bring into the minds and hearts of the pupils in this school something of +the sacredness of human liberty, something of the cost of American +liberty, the sacrifices, the struggles, the bloodshed, the heartaches, and +heartbreaks which finally triumphed when our Constitution was adopted. I +have endeavored to explain that the Constitution is not a mere skeleton or +framework, defining the relation of the Nation and the States and +providing for the election of officers to carry out the plans of the +National government. I have repeatedly told the great truth that in +America there is more freedom, justice, charity, and kindness than in any +other Nation in the world. I have pointed out that in America we have in +our Constitution written guaranties of life, liberty, and property rights +such as no other Nation in the history of the world ever had. We have +found that this is a government by the people, that the people rule, that +the few cannot rule unless the many refuse to perform their duties as +citizens of this great republic. Oh! if we can only put in the hearts of +the American people a realization of the _power_ and the _duty_ of the +people! + +To-night I wish to present briefly something of the manner in which the +people express their power, the method by which the people disclose their +wishes in public affairs. The Star Baseball Club, the Irving Literary +Society, the City Teachers Association, the Woman's Club, the Charity +Guild, these are all mere organisations of people. _That is all that +America is._ These organizations have written constitutions. _So has +America._ These organizations must have laws or rules of conduct, aside +from their constitutions. _So must America._ These societies must have a +policy and transact business. _So must America._ In adopting laws or rules +of conduct these societies secure an expression of the wishes of their +members. These wishes are generally expressed by their votes, sometimes by +ballot and sometimes orally in a meeting. + +America secures an expression of the wishes of the people by their votes. +The votes of the people either in writing or printed are cast on election +days fixed by laws enacted through the vote of the people. In no other way +can the wishes of the people be made known. It, is through the ballot that +the people exercise their powers. It is through the ballot that America is +governed.(110) + +I wonder if the people of America generally realize what a wonderful thing +it is that a government as large as ours must depend entirely upon the +wishes of the people expressed by their vote on election day. I wonder if +they realize that in this way the people rule. On election day we see +something of the equality of the people. If you go near the polling place, +you will see the president of the bank, perhaps, or the president of the +railroad walking side by side with the hodcarrier or the brakeman on the +train. In the voting booth each has the same power in helping to shape the +destiny of their country. + +In a way this is a new method of government. Only in a country where there +is a government by the people do we find such a thing as the right of all +men regardless of property, race, or creed to exercise the same power in +the ballot box.(111) + +From the beginning America has led in granting the right of suffrage, the +right to vote. In the early days in some of the States a man had to own a +certain amount of property before he could vote, but this has not been +true for more than fifty years. _Now a new day has come._ After a struggle +for generations, the right to vote has been conferred upon all female +citizens, regardless of property, social position, religion, or race. It +has been a long struggle and now that victory has been won for equal +suffrage, is there anyone who will still contend that in this country the +people do not rule? + +Who has conferred this great privilege upon the women of America? The +voters of America decided that every State should grant this privilege. + +The amendment to the Constitution is as follows: + +"_The right of citizens of the United States to vote shall not be denied +or abridged by the United States or by any State on account of sex._" + +The people did not vote directly upon this constitutional amendment, but +they voted for the members of the House and the members of the Senate who +voted for the amendment and they voted for the members of the legislatures +of the different States which ratified the amendment. Thus the +responsibility rests with the people. This is true of course as to nearly +all the laws enacted by State and Nation--the people do not vote directly +upon them, but they select their agents, who, under the law, are +authorized to act for them. + +Under this amendment we have the written guaranty in the Constitution that +so far as men and women are concerned they shall have equal rights to +vote.(112) + +Perhaps you were not in favor of woman suffrage. Many good men and women +were opposed to it. Many are still opposed to it. This is a good +illustration of the way we do things in a democracy. We have different +temperaments, different dispositions. We are reared in different +surroundings. We have different interests. We look at life in different +ways. Each of us has a right to his opinion and each of us has the right +to express it by our vote. When we finally vote, a decision is made. If we +belong to the majority, we find that our wish is carried out. If we are in +the minority, we cheerfully follow what the majority of the people, what +most of the people in America desire. + +The thing that I wish to impress to-night is that to vote on election day +is not only a right, it is a duty. Whether we were for woman suffrage or +not it has come. It is settled. It brings into power twenty-seven million +new voters. Each of these women, whether she desires it or not, must +assume this new share of the responsibilities of government. It is a +patriotic duty. At every election we must cast our votes. Before every +election we must study the issues, the problems to be met. Unless we do +that we are failing in patriotism and loyalty. Unless we vote we are not +good citizens. + +Now I must close. I hope that the talks I have given in this school have +planted in the hearts of boys and girls, and possibly in the hearts of +grown men and women, something of the simple truth of American life, +something perhaps of the privileges of American citizenship and something +of the duties that we all owe in return. + +I have promised the principal of this school that next term I will again +appear and present some new topics. I wish to talk to the boys and girls +about authority and obedience, the source of authority and the duty of +obedience. I wish also to talk about the making of laws, the origin of +laws, how they are put in form and finally enacted by the people. I wish +to talk about our public servants, because one of the important things for +each citizen to know is that from the President of the United States down +to the constable of the humblest village, all officers are mere servants +of the people and that no officer in America is in his official capacity +master of any man, woman, or child. I wish to impress as far as I am able +the great truth expressed by Chief Justice Marshall when he said long +years ago, "This is a government of laws and not of men." + +ELEMENTARY QUESTIONS + +1. Show the ways in which the United States is just like a small club? + +2. Why must we always vote? + +3. Why is it right that women should vote? + +4. Show that this is more than a privilege: it is a duty. + +5. Imagine some person saying that America is only for the rich. Review +all the work that we have done, and show how it is just as fair to the +poor man as to the rich. + +ADVANCED QUESTIONS + +A. Re-read the questions to chapters one and two. Note the difference in +your answers. + +B. Map out a program so that you can show to all critics of America the +ways in which the Constitution of the United States gives to all Americans +the rights to LIFE, LIBERTY, and the PURSUIT OF HAPPINESS. + +C. You can now answer fully the question, "Why is America the most free +and most just Nation on the globe?" + +D. What did Chief Justice Marshall mean when he said, "This is a +government of laws, and not of men." + +E. Prepare in writing a constitution for the "Lincoln Debating Club". + + + + + +A WORD TO THE THE TEACHERS AND OTHERS + + +"The very essence of civil liberty certainly consists in the right of +every individual to claim the protection of the laws whenever he receives +an injury. One of the first duties of government is to afford that +protection. The Government of the United States has been emphatically +termed, a government of laws, and not of men. It will certainly cease to +deserve this high appellation, if the laws furnish no remedy for the +violation of a vested legal right." + +These words of Chief Justice Marshall in Marbury v. Madison, 1 Cranch, +137, are the most significant and far reaching in their effect upon human +government that were ever uttered by the lips of man. + +"A government of laws and not of men." This expresses the fundamental +difference between the government of this great American republic and all +other systems of government devised by man before the Constitution of the +United States came into being.(113) + +Government has been the great problem of the human race throughout all the +ages since mankind first started out upon the great highway of life. The +greatest problem men have ever been called upon to solve is "how they +might live together in communities without cutting each others throats". + +As we look back at the warring world of yesterday, yea as we look at the +warring world to-day (1920), we are reminded that the history of the human +family tells a long, sad story of war and bloodshed and death. The path +which humanity has traveled stretches back into the dim distance, a long +gleaming line of white human bones. The flowers, the trees, and the shrubs +along the way have been nurtured by the red blood that flowed from human +hearts. All over the world the battle has waged; away down in Egypt where +the Nile scatters her riches; upon the banks of the Tiber which for +centuries has reflected the majesty of Rome; upon the heights above the +castle crowned Rhine; on the banks of the peaceful Thames; and upon the +prairies that sweep back from the Father of Waters, men have fought and +died. In the field and in the forest, by the sweet running brook, and upon +the burning sands, in the mountain pass, and in the stony streets of the +populous city, within the chancel rail of holy churches, and at the dark +entrance to the Bastile--in all these places, and in a thousand more, the +hand of the oppressed has been lifted against the oppressor, the right to +be free that God gave to men has struggled with the power which might has +given, and, alas! so often might has triumphed, and the slave, sick at +heart, has been scourged to his dungeon. On a thousand hillsides burning +fagots have consumed men who dared to dream of freedom, and in dark and +slimy prison cells where God's sunlight seldom entered, men have rotten +with clanking chains upon their limbs because they dared to ask for the +rights of freemen. + +In the olden days force ruled the world; the king, the crown, the scepter, +were the insignia of power. All about were the instruments of force, the +cannon, the moated castle, the marching armies of the king. + +And so it was until the American Nation was born, a Nation founded by +exiles who were fleeing from oppression, from unrestrained power, exiles +who dreamed of establishing a Nation, exiles with stout hearts and with +strong hands with which to build it--a Nation where there would be no +master and no slaves, where the citizen would rule and not the soldier, +where the home and the school and not the castle would stand as the +citadel of the Nation, where the steel would at last be molded into +plowshares, and not into swords, where, instead of martial music, the song +of the plowboy and the hum of the spinning wheel would greet the ear, +where lust for power would be dethroned and brute force strangled, where +love would rule and not brutality, where justice and not vengeance would +be the end of judicial investigation, where the rights of men to live and +to enjoy the fruits of their labor would be recognized. This was the dream +of the fathers of the republic as they laid the foundation in the long +ago. + +But this dream never would have been realized had it not been for the +recognition of that great constitutional principle, announced by Chief +Justice Marshall, that in this Nation the law is supreme; not supreme +alone with the citizen, but supreme with the Nation and the States that +compose the Nation; not supreme with the humble toiler, but supreme with +the richest and the strongest; not supreme in theory, but supreme in truth +and in fact. + +This great principle of the supremacy of the law finds its origin in that +immortal document, the Constitution of the United States.(114) + +Few there are in these modern days who fully appreciate the wonderful +blessings of a written Constitution which gives recognition to the +fundamental natural rights of man, and provides guaranties against the +invasion of these rights. + +Gladstone, the eminent statesman, said: + + + It (the American Constitution) is the greatest work ever struck + off at any one time by the mind and purpose of man. + + +An eminent lawyer has said: + + + It has been the priceless adjunct of free government, the mighty + shield of the rights and liberties of the citizen. It has been + many times invoked to save him from illegal punishment, and save + his property from the greed of unscrupulous enemies, and to save + his political fights from the unbridled license of victorious + political opponents controlling legislative bodies; nor does it + sleep, except as a sword dedicated to a righteous cause sleeps in + its scabbard. + + +Horace Binney says: + + + What were the States before the Union? The hope of their enemies, + the fear of their friends, and arrested only by the Constitution + from becoming the shame of the world. + + +Sir Henry Maine gives the following estimate of the Constitution: + + + It isn't at all easy to bring home to the men of the present day, + how low the credit of the Republic had sunk before the + establishment of the United States.... Its success has been so + great and striking, that men have almost forgotten, that if the + whole, or the known experiments of mankind in governments be + looked at together, there has been no form of government so + successful as the republican. + + +Justice Mitchell of Pennsylvania, some twenty odd years ago said: + + + A century and a decade has passed since the Constitution of the + United States was adopted. Dynasties have arisen and fallen, + boundaries have extended and shrunken 'till continents seem almost + the playthings of imagination and war; nationalities have been + asserted and subdued; governments built up only to be overthrown, + and the kingdoms of the earth from the Pillars of Hercules to the + Yellow Sea have been shaken to their foundations. Through all this + change and obstruction, the Republic, shortest lived of all forms + of government in the prior history of the world, surviving the + perils of foreign and domestic war, has endured and flourished. + + +And yet, it is true, "and pity 'tis, 'tis true", that in these days there +seems to be a great lack of confidence, nay even a feeling of contempt +existing in the minds and hearts of many men for this great charter of +human liberty. Men born to the blessings of freedom, men who do not stop +to think about the cost of freedom, men who do not realize that this +Nation is not the child of chance, but that it is the outgrowth of +centuries of tears and blood and sacrifice in the cause of human +freedom--these men assume an attitude of criticism, and would, by +destroying the Constitution, fly from the "ills we have" and open their +arms to evils "we know not of". + +And this feeling, this unrest, this spirit of criticism, is not limited to +the ignorant, nor the lowly. Many men and women of education and culture +are prominent in the ranks of those who raise their voices in reckless +condemnation. + +What is the source of this widespread feeling? + +For several years before the World War, we were passing through a period +of readjustment in the political and social life of the Nation. Many +people felt that privilege was too strongly entrenched in governmental +favor. A noble feeling of sympathy for the weak and the unfortunate +created a demand for social justice. A great political party was thrown +out of power. Out of all this came appeals for legislation, most of it +inspired by the highest motives, but much of it impractical and visionary, +some of it so framed that in providing a benefit for a certain class, the +rights of some other class were forgotten. Often it became necessary to +recall the provisions of the Constitution, and some times it was used as a +bar to the enactment of measures which were inspired only by the loftiest +motives. Under such circumstances it is only natural that those intensely +interested, seeing only from one standpoint, not understanding perhaps the +far reaching effect of their favorite measures, should cry out at the +limitations imposed by the Constitution. + +Then again courts are sometimes compelled, under their sworn duty to +defend the Constitution, to hold that a legislative enactment is +unconstitutional and void, because it violates some of the principles of +that great document, created, not by courts, not by presidents, but by the +people themselves for their own guidance and protection. + +But Chief Justice White gives the strongest reason for this feeling of +contempt for the Constitution. He says: + + + There is great danger, it seems to me, to arise, from the constant + habit which prevails where anything is opposed or objected to, of + resorting without rhyme or reason, to the Constitution as a means + of preventing its accomplishment, thus creating the general + impression that the Constitution is but a barrier to progress, + instead of being the broad highway through which alone true + progress, may be enjoyed. + + +Not only is this true, but unfortunately it is also true that every base +murderer who begins to feel the rope tighten about his neck can find some +lawyer who can devise some alleged constitutional reason why his client +should not hang. The courts are constantly engaged in defending the +Constitution against these base and unworthy attempts to defeat justice. + +Then upon every hand are those who hate authority, who despise law and +order, and who denounce the Constitution because it stands between them +and a realization of their greedy, vicious purposes. + +Justice White further says that there is "a growing tendency to suppose +that every wrong that exists, despite the system, and which would be many +times worse if the system did not exist, is attributable to it, and +therefore that the Constitution should be disregarded or over-thrown". + +The foregoing are some, but not all of the causes which weaken the faith +of the people in the Constitution. + +Now recognizing that there is in this Nation a lack of respect for the +Constitution, and knowing something of the causes which underlie this +feeling, and realizing that the Constitution is in very truth the fortress +and the glory of our republic, what is our duty? + +The duty of every man, woman, and child in America is to defend the +Constitution with his life, if necessary, against those who condemn and +traduce and seek to destroy. + +But how shall we defend it? Shall we oppose all amendments of the +Constitution? No, by its very terms it is subject to amendment; but in +contemplating its amendment, we should approach this sacred document in +the same reverent spirit we would have if we were entering upon some holy +shrine. It is the people's Constitution; it is their right to amend it. +Yea, it is their duty to amend it, if upon due deliberation, the rights of +the whole people can be better protected or enforced. + +Complaint is sometimes made because of the delay involved in its +amendment; but the provisions of the Constitution requiring deliberation +were wisely inserted. It was intended that fundamental principles should +not be changed under the inspiration of sudden passion. It contemplated +mature deliberation. The fathers of the Republic were mindful of the +storms which at times in the history of the world had swept the people to +destruction.(115) + +Shall we rebuke the people who seek reforms? _Shall we decry progress or +change?_ No, we should be the leaders in all such reforms. We should aid +in guiding public sentiment along channels safe and sound and +constitutional. We should give recognition to the appeals of those who +would lighten the burdens of our brothers who may be heavy laden. We +should aid in convincing the people that the Constitution is no restraint +upon their aspirations for higher and better things; that it is in truth +the guide and inspiration to better things. + +Shall we condemn those who through lack of knowledge do not appreciate the +great value of the Constitution? No, we should teach them. We should lead +them. We should inspire them with love and veneration for this great +bulwark of human freedom. + +We must in very truth become teachers of all the people. We must carry to +them the light of our knowledge. We must point out to them the rocks upon +which other republics have been wrecked.(116) + +We must teach them that in the Constitution we find an absolute guaranty +of protection for life, for liberty, and for property rights. That there +is no man so lowly, that he cannot point to the Constitution as his shield +from the acts of the tyrant, that he cannot point to his humble home as +his "castle", and under the sacred guaranties of the Constitution defy all +the unlawful force of the world. + +We must teach them that it guarantees the inviolability of contracts, that +it prevents even a great State from taking the life or property of its +humblest citizen without a trial under due process of law, that trial by +jury is preserved, and that no man can be convicted of a crime without the +privilege of being represented by counsel, and that no man can be +compelled to be a witness against himself. + +We must recall to them the awful tragedies enacted in the days of old, +where, under Star Chamber proceedings, men were deprived of their property +and their lives upon charges of treason, which were never proven; and then +we must point out to them the burning words of the Constitution, which +provides that no man can be found guilty of treason without at least two +witnesses to the overt act. + +We must impress upon them the great truth, that there is not now, and +never has been, a system of government which can abolish sorrow, or +sickness, or stay the hand of death. That no government can help men who +will not help themselves; that there is no way in which any government can +bring riches to the indolent, nor bread to those who will not toil. We +must combat the false philosophy which assumes that all men are equal in +all things, because men are not equal, except as under the Constitution +they are equal before the law. No system of legislation and no method of +government can equalize the strong with the weak, the wise with the +simple, the good with the bad. While God gives to some men wisdom and +shrewdness which others do not possess, while some are broad shouldered, +with muscles of steel, and others are frail, and tremble as they walk, +there will always be riches, there will always be poverty, and any scheme +for equalizing the possessions of men is but an idle dream which never can +be realized until men are made over into beings without passion or pride +or ambition or selfishness. Do not let them feel that its provisions are +intended to protect only the rich and powerful. If the right of a railway +corporation to certain lands is sustained under some constitutional +provision, do not allow the people to assume that this provision exists +only for corporations, but impress upon them that the same constitutional +provision which protects the railway company in its rights, may be invoked +in defense of the little homestead out upon the prairies. + +If some desperado should be acquitted because he invoked the +constitutional requirement that he upon his trial must be confronted by +the witnesses against him, remind those who criticise that this same +provision is made for their sons who may to-morrow be unjustly charged +with a crime; impress upon them that it is impossible to have one law for +the guilty, and another for the innocent; and that under our Constitution, +every man is presumed to be innocent until proven to be guilty. + +Then impress upon the people something of the wonderful growth of the +Nation, the development of the Nation, and the progress of the Nation--all +under the wise protection of the Constitution. To those who may be +discouraged in the battle of life, and who may attribute their failure to +the injustice of social conditions, point out what other men have done +under the same conditions, with no better opportunity, and ask them to +ponder the question as to whether their failure is not to be attributed +largely to their own lack of energy and determination.(117) + +And if they point out abuses which do exist, ask them to aid in +eliminating these abuses. If half the energy which is exerted by earnest, +but misguided people, in efforts to tear down our form of government, were +honestly applied in an effort to remedy existing evils in a constitutional +way, these people would show that they were patriots, and at the same time +they would accomplish something for their country and their +fellowmen.(118) + +_Too long have we been silent_ while the enemies of our country have +poisoned the minds of youth, yea, and of manhood and womanhood, with the +gospel of treason. + +Those who despise and condemn the Constitution have in the past ten years +had more earnest students of their vicious doctrines than have those who +uphold the Constitution and prize their liberties which the Constitution +guards and protects. + +All over the land earnest men and women are endeavoring to teach the great +truth of Americanism, and with substantial success; but those who +understand human nature realize that the faith of our fathers can only be +firmly established by lighting the fires of patriotism and loyalty in the +hearts of our children. Through them the great truths of our National life +can be brought into the homes of the land. + +And the Nation will never be safe until the Constitution is carried into +the homes, until at every fireside young and old shall feel a new sense of +security in the guaranties which are found in this great charter of human +liberty, and a new feeling of gratitude for the blessings which it assures +to this, and to all future generations. + + + + + +DECLARATION OF INDEPENDENCE + + +When in the Course of human events, it becomes necessary for one people to +dissolve the political bands which have connected them with another, and +to assume among the Powers of the earth, the separate and equal station to +which the Laws of Nature and of Nature's God entitle them, a decent +respect to the opinions of mankind requires that they should declare the +causes which impel them to the separation. + +We hold these truths to be self-evident, that all men are created equal, +that they are endowed by their Creator with certain unalienable Rights, +that among these are Life, Liberty and the pursuit of Happiness. That to +secure these rights, Governments are instituted among Men, deriving their +just powers from the consent of the governed. That whenever any form of +Government becomes destructive of these ends, it is the Right of the +People to alter or abolish it, and to institute new Government, laying its +foundation on such principles and organizing its powers in such form, as +to them shall seem most likely to effect their Safety and Happiness. +Prudence, indeed, will dictate that Governments long established should +not be changed for light and transient causes; and accordingly all +experience hath shown, that mankind are more disposed to suffer, while +evils are sufferable, than to right themselves by abolishing the forms to +which they are accustomed. But when a long train of abuses and +usurpations, pursuing invariably the same Object evinces a design to +reduce them under absolute Despotism, it is their right, it is their duty, +to throw off such Government, and to provide new Guards for their future +security.--Such has been the patient sufferance of these Colonies; and such +is now the necessity which constrains them to alter their former Systems +of Government. The history of the present King of Great Britain is a +history of repeated injuries and usurpations, all having in direct object +the establishment of an absolute Tyranny over these States. To prove this, +let Facts be submitted to a candid world. + +He has refused his Assent to Laws, the most wholesome and necessary for +the public good. + +He has forbidden his Governors to pass Laws of immediate and pressing +importance, unless suspended in their operation till his Assent should be +obtained; and when so suspended, he has utterly neglected to attend to +them. + +He has refused to pass other Laws for the accommodation of large districts +of people, unless those people would relinquish the right of +Representation in the Legislature, a right inestimable to them and +formidable to tyrants only. + +He has called together legislative bodies at places unusual, +uncomfortable, and distant from the depository of their Public Records, +for the sole purpose of fatiguing them into compliance with his measures. + +He has dissolved Representative Houses repeatedly, for opposing with manly +firmness his invasion on the rights of the people. + +He has refused for a long time, after such dissolutions, to cause others +to be elected; whereby the Legislative Powers, incapable of Annihilation, +have returned to the People at large for their exercise; the State +remaining in the mean time exposed to all the dangers of invasion from +without, and convulsions within. + +He has endeavoured to prevent the population of these States; for that +purpose obstructing the Laws for Naturalization of Foreigners; refusing to +pass others to encourage their migration hither, and raising the +conditions of new Appropriations of Lands. + +He has obstructed the Administration of Justice, by refusing his Assent to +Laws for establishing Judiciary Powers. + +He has made Judges dependent on his Will alone, for the tenure of their +offices, and the amount and payment of their salaries. + +He has erected a multitude of New Offices, and sent hither swarms of +officers to harass our People, and eat out their substance. + +He has kept among us, in times of peace, Standing Armies without the +Consent of our legislature. + +He has affected to render the Military independent of and superior to the +Civil Power. + +He has combined with others to subject us to a jurisdiction foreign to our +constitution, and unacknowledged by our laws; giving his Assent to their +Acts of pretended Legislation: + +For quartering large bodies of armed troops among us: + +For protecting them, by a mock Trial, from Punishment for any Murders +which they should commit on the Inhabitants of these States: + +For cutting off our Trade with all parts of the world: + +For imposing taxes on us without our Consent: + +For depriving us in many cases, of the benefits of Trial by Jury: + +For transporting us beyond Seas to be tried for pretended offences: + +For abolishing the free System of English Laws in a neighbouring Province, +establishing therein an Arbitrary government, and enlarging its Boundaries +so as to render it at once an example and fit instrument for introducing +the same absolute rule into these Colonies. + +For taking away our Charters, abolishing our most valuable Laws, and +altering fundamentally the Forms of our Government: + +For suspending our own Legislatures, and declaring themselves invested +with Power to legislate for us in all cases whatsoever. + +He has abdicated Government here, by declaring us out of his Protection +and waging War against us. + +He has plundered our seas, ravaged our Coasts, burnt our towns, and +destroyed the lives of our people. + +He is at this time transporting large armies of foreign mercenaries to +compleat the works of death, desolation and tyranny, already begun with +circumstances of Cruelty & perfidy scarcely parallel in the most barbarous +ages, and totally unworthy the Head of a civilized nation. + +He has constrained our fellow Citizens taken Captive on the high Seas to +bear Arms against their Country, to become the executioners of their +friends and Brethren, or to fall themselves by their Hands. + +He has excited domestic insurrections amongst us, and has endeavoured to +bring on the inhabitants of our frontiers, the merciless Indian Savages, +whose known rule of warfare, is an undistinguished destruction of all +ages, sexes and conditions. + +In every stage of these Oppressions We have Petitioned for Redress in the +most humble terms: Our repeated Petitions have been answered only by +repeated injury. A Prince, whose character is thus marked by every act +which may define a Tyrant, is unfit to be the ruler of a free People. + +Nor have We been wanting in attention to our British brethren. We have +warned them from time to time of attempts by their legislature to extend +an unwarrantable jurisdiction over us. We have reminded them of the +circumstances of our emigration and settlement here. We have appealed to +their native justice and magnanimity, and we have conjured them by the +ties of our common kindred to disavow these usurpations, which would +inevitably interrupt our connections and correspondence. They too have +been deaf to the voice of justice and of consanguinity. We must, +therefore, acquiesce in the necessity, which denounces our Separation, and +hold them, as we hold the rest of mankind, Enemies in War, in Peace +Friends. + +We, therefore, the Representatives of the united States of America, in +General Congress, Assembled, appealing to the Supreme Judge of the world +for the rectitude of our intentions, do, in the Name, and by Authority of +the good People of these Colonies, solemnly publish and declare, That +these United Colonies are, and of Right ought to be Free and Independent +States; that they are Absolved from all Allegiance to the British Crown, +and that all political connection between them and the State of Great +Britain, is and ought to be totally dissolved; and that as Free and +Independent States, they have full Power to levy War, conclude Peace, +contract Alliances, establish Commerce, and to do all other Acts and +Things which Independent States may of right do. And for the support of +this Declaration, with a firm reliance on the Protection of Divine +Providence, we mutually pledge to each other our Lives, our Fortunes and +our sacred Honor. + + + + + +CONSTITUTION OF THE UNITED STATES + + +We the People of the United States, in Order to form a more perfect Union, +establish Justice, insure domestic Tranquility, provide for the common +defence, promote the general Welfare, and secure the Blessings of Liberty +to ourselves and our Posterity, do ordain and establish this CONSTITUTION +for the United States of America. + +ARTICLE I. + +Section 1. All legislative Powers herein granted shall be vested in a +Congress of the United States, which shall consist of a Senate and House +of Representatives. + +Section 2. The House of Representatives shall be composed of Members +chosen every second Year by the People of the several States, and the +Electors in each State shall have the Qualification requisite for Electors +of the most numerous Branch of the State Legislature. + +No Person shall be a Representative who shall not have attained to the Age +of twenty-five Years, and been seven Years a Citizen of the United States, +and who shall not, when elected, be an Inhabitant of that State in which +he shall be chosen. + +Representatives and direct Taxes shall be apportioned among the several +States which may be included within this Union, according to their +respective Numbers, which shall be determined by adding to the whole +Number of free Persons, including those bound to Service for a Term of +Years, and excluding Indians not taxed, three-fifths of all other Persons. +The actual Enumeration shall be made within three Years after the first +meeting of the Congress of the United States, and within every subsequent +Term of ten Years, in such Manner as they shall by Law direct. The Number +of Representatives shall not exceed one for every thirty Thousand, but +each State shall have at Least one Representative; and until such +enumeration shall be made, the State of New Hampshire shall be entitled to +chuse three, Massachusetts eight, Rhode Island and Providence Plantations +one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, +Delaware one, Maryland six, Virginia ten, North Carolina five, South +Carolina five, and Georgia three. + +When vacancies happen in the Representation from any State, the Executive +Authority thereof shall issue Writs of Election, to fill such Vacancies. + +The House of Representatives shall chuse their Speaker and other Officers; +and shall have the sole Power of Impeachment. + +Section 3. The Senate of the United States shall be composed of two +Senators from each State, chosen by the Legislatures thereof, for six +Years; and each Senator shall have one Vote. + +Immediately after they shall be assembled in Consequence of the first +Election, they shall be divided as equally as may be into three Classes. +The Seats of the Senators of the first Class shall be vacated at the +Expiration of the second Year, of the second Class at the Expiration of +the fourth Year, and of the third Class at the Expiration of the sixth +Year, so that one-third may be chosen every second Year; and if Vacancies +happen by Resignation, or otherwise, during the Recess of the Legislature +of any State, the Executive thereof may make temporary Appointments (until +the next Meeting of the Legislature, which shall then fill such +Vacancies). + +No Person shall be a Senator who shall not have attained to the Age of +thirty Years, and been nine Years a Citizen of the United States, and who +shall not, when elected, be an Inhabitant of that State for which he shall +be chosen. + +The Vice President of the United States shall be President of the Senate, +but shall have no Vote, unless they be equally divided. + +The Senate shall chuse their other Officers, and also a President pro +tempore, in the absence of the Vice President, or when he shall exercise +the Office of President of the United States. + +The Senate shall have the sole Power to try all Impeachments. When sitting +for that Purpose, they shall be on Oath or Affirmation. When the President +of the United States is tried, the Chief Justice shall preside: And no +Person shall be convicted without the Concurrence of two-thirds of the +Members present. + +Judgment in Cases of Impeachment shall not extend further than to removal +from Office, and disqualification to hold and enjoy any Office of honor, +Trust or Profit under the United States: but the Party convicted shall +nevertheless be liable and subject to Indictment, Trial, Judgment and +Punishment, according to Law. + +Section 4. The Times, Places and Manner of holding Elections for Senators +and Representatives, shall be prescribed in each State by the Legislature +thereof; but the Congress may at any time by Law make or alter such +Regulations, except as to the Places of chusing Senators. + +The Congress shall assemble at least once in every Year, and such Meeting +shall be on the first Monday in December, unless they shall by Law appoint +a different Day. + +Section 5. Each House shall be the Judge of the Elections, Returns and +Qualifications of its own Members, and a Majority of each shall constitute +a Quorum to do Business; but a smaller Number may adjourn from day to day, +and may be authorized to compel the Attendance of absent Members, in such +Manner, and under such Penalties as each House may provide. + +Each House may determine the Rules of its Proceedings, punish its Members +for disorderly Behavior, and, with the Concurrence of two-thirds, expel a +Member. + +Each House shall keep a Journal of its Proceedings, and from time to time +publish the same, excepting such Parts as may in their Judgment require +Secrecy; and the Yeas and Nays of the Members of either House on any +question shall, at the Desire of one-fifth of those Present, be entered on +the Journal. + +Neither House, during the Session of Congress, shall, without the Consent +of the other, adjourn for more than three days, nor to any other Place +than that in which the two Houses shall be sitting. + +Section 6. The Senators and Representatives shall receive a Compensation +for their Services, to be ascertained by Law, and paid out of the Treasury +of the United States. They shall in all Cases, except Treason, Felony and +Breach of the Peace, be privileged from Arrest during their Attendance at +the Session of their respective Houses, and in going to and returning from +the same; and for any Speech or Debate in either House, they shall not be +questioned in any other Place. + +No Senator or Representative shall, during the Time for which he was +elected, be appointed to any civil Office under the Authority of the +United States, which shall have been created, or the Emoluments whereof +shall have been increased during such time; and no Person holding any +Office under the United States, shall be a Member of either House during +his Continuance in Office. + +Section 7. All Bills for raising Revenue shall originate in the House of +Representatives; but the Senate may propose or concur with Amendments as +on other Bills. + +Every Bill which shall have passed the House of Representatives and the +Senate, shall, before it become a Law, be presented to the President of +the United States. If he approve he shall sign it, but if not, he shall +return it, with his Objections to that House in which it shall have +originated, who shall enter the Objections at large on their Journal, and +proceed to reconsider it. If after such Reconsideration two thirds of that +House shall agree to pass the Bill, it shall be sent, together with the +Objections, to the other House, by which it shall likewise be +reconsidered, and if approved by two thirds of that House, it shall become +a Law. But in all such Cases the Votes of both Houses shall be determined +by Yeas and Nays, and the Names of the Persons voting for and against the +Bill shall be entered on the Journal of each House respectively. If any +Bill shall not be returned by the President within ten Days (Sundays +excepted) after it shall have been presented to him, the Same shall be a +Law, in like Manner as if he had signed it, unless the Congress by their +Adjournment prevent its Return, in which Case it shall not be a Law. + +Every Order, Resolution, or Vote to which the Concurrence of the Senate +and House of Representatives may be necessary (except on a question of +Adjournment) shall be presented to the President of the United States; and +before the Same shall take Effect, shall be approved by him, or being +disapproved by him, shall be repassed by two thirds of the Senate and +House of Representatives, according to the Rules and Limitations +prescribed in the Case of a Bill. + +Section 8. The Congress shall have Power to lay and collect Taxes, Duties, +Imposts and Excises, to pay the Debts and provide for the common Defence +and general Welfare of the United States; but all Duties, Imposts and +Excises shall be uniform throughout the United States; + +To borrow money on the credit of the United States; + +To regulate Commerce with foreign Nations, and among the Several States, +and with the Indian Tribes; + +To establish an uniform Rule of Naturalization, and uniform Laws on the +subject of Bankruptcies throughout the United States; + +To coin Money, regulate the Value thereof, and of foreign Coin, and fix +the Standard of Weights and Measures; + +To provide for the Punishment of counterfeiting the Securities and current +Coin of the United States; + +To establish Post Offices and post Roads; + +To promote the Progress of Science and useful Arts, by securing for +limited Times to Authors and Inventors the exclusive Right to their +respective Writings and Discoveries; + +To constitute Tribunals inferior to the supreme Court; + +To define and punish Piracies and Felonies committed on the high Seas and +Offences against the Law of Nations; + +To declare War, grant Letters of Marque and Reprisal, and make Rules +concerning Captures on Land and Water; + +To raise and support Armies, but no Appropriation of Money to that Use +shall be for a longer Term than two Years; + +To provide and maintain a Navy; + +To make Rules for the Government and Regulation of the land and naval +Forces; + +To provide for calling forth the Militia to execute the Laws of the Union, +suppress Insurrections and repel Invasions; + +To provide for organizing, arming, and disciplining the Militia, and for +governing such Part of them as may be employed in the Service of the +United States, reserving to the States respectively, the Appointment of +the Officers, and the Authority of training the Militia according to the +discipline prescribed by Congress; + +To exercise exclusive Legislation in all Cases whatsoever, over such +District (not exceeding ten Miles square) as may, by Cession of particular +States, and the acceptance of Congress, become the Seat of the Government +of the United States, and to exercise like Authority over all Places +purchased by the Consent of the Legislature of the State in which the Same +shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards and +other needful Buildings;--And + +To make all Laws which shall be necessary and proper for carrying into +Execution the foregoing Powers, and all other Powers vested by this +Constitution in the Government of the United States, or in any Department +or Officer thereof. + +Section 9. The Migration or Importation of such Persons as any of the +States now existing shall think proper to admit, shall not be prohibited +by the Congress prior to the Year one thousand eight hundred and eight, +but a tax or duty may be imposed on such Importation, not exceeding ten +dollars for each Person. + +The Privilege of the Writ of Habeas Corpus shall not be suspended, unless +when in Cases of Rebellion or Invasion the public Safety may require it. + +No Bill of Attainder or ex post facto Law shall be passed. + +No Capitation, or other direct Tax shall be laid, unless in Proportion to +the Census or Enumeration herein before directed to be taken. + +No tax or Duty shall be laid on Articles exported from any State. + +No Preference shall be given by any Regulation of Commerce or Revenue to +the Ports of one State over those of another; nor shall Vessels bound to, +or from, one State, be obliged to enter, clear, or pay Duties in another. + +No Money shall be drawn from the Treasury, but in Consequence of +Appropriations made by Law; and a regular Statement and Account of the +Receipts and Expenditures of all Public Money shall be published from time +to time. + +No Title of Nobility shall be granted by the United States: And no Person +holding any Office of Profit or Trust under them, shall, without the +Consent of the Congress, accept of any present, Emolument, Office, or +Title, of any kind whatever, from any King, Prince, or Foreign State. + +Section 10. No State shall enter into any Treaty, Alliance, or +Confederation; grant Letters of Marque and Reprisal; coin Money; emit +Bills of Credit; make anything but gold and silver Coin a Tender in +Payment of Debts; pass any Bill of Attainder, ex post facto law, or Law +impairing the Obligation of Contracts, or grant any Title of Nobility. + +No State shall, without the Consent of the Congress, lay any Imposts or +Duties on Imports or Exports, except what may be absolutely necessary for +executing its inspection. Laws: and the net Produce of all Duties and +Imposts, laid by any State on Imports or Exports, shall be for the Use of +the Treasury of the United States; and all of such Laws shall be subject +to the Revision and Control of the Congress. + +No State shall, without the Consent of Congress, lay any duty of Tonnage, +keep Troops, or Ships of War in time of Peace, enter into any Agreement or +Compact with another State, or with a foreign Power, or engage in War, +unless actually invaded, or in such imminent Danger as will not admit of +Delay. + +ARTICLE II. + +The executive Power shall be vested in a President of the United States of +America. He shall hold his Office during the Term of Four Years, and, +together with the Vice President, chosen for the same Term, be elected, as +follows + +Each State shall appoint, in such Manner as the Legislature thereof may +direct, a Number of Electors, equal to the whole Number of Senators and +Representatives to which the State may be entitled in the Congress: but no +Senator or Representative, or person holding an Office of Trust or Profit +under the United States, shall be appointed as Elector. + +The Electors shall meet in their respective States, and vote by Ballot for +two persons, of whom one at least shall not be an Inhabitant of the same +State with themselves. And they shall make a List of all the Persons voted +for, and of the Number of Votes for each; which List they shall sign and +certify, and transmit sealed to the Seat of the Government of the United +States, directed to the President of the Senate. The President of the +Senate shall, in the Presence of the Senate and House of Representatives, +open all the Certificates, and the Votes shall then be counted. The Person +having the greatest Number of Votes shall be the President, if such Number +be a Majority of the whole Number of Electors appointed; and if there be +more than one who have such Majority, and have an equal Number of Votes, +then the House of Representatives shall immediately chuse by Ballot one of +them for President; and if no Person have a Majority, then from the five +highest on the List the said House shall in like Manner chuse the +President. But in chusing the President, the Votes shall be taken by +States, the Representation from each State having one Vote; A quorum for +this Purpose shall consist of a Member or Members from two-thirds of the +States, and a Majority of all the States shall be necessary to a Choice. +In every Case, After the Choice of the President, the Person having the +greatest number of Votes of the Electors shall be the Vice President. But +if there should remain two or more who have equal Votes, the Senate shall +chuse from them by Ballot the Vice President. + +The Congress may determine the Time of chusing the Electors, and the Day +on which they shall give their Votes; which Day shall be the same +throughout the United States. + +No person except a natural born Citizen, or a Citizen of the United +States, at the time of the Adoption of this Constitution, shall be +eligible to the Office of President; neither shall any Person be eligible +to that Office who shall not have attained the age of thirty-five years, +and been fourteen Years a Resident within the United States. + +In Case of the Removal of the President from Office, or of his Death, +Resignation or Inability to discharge the Powers and Duties of said +Office, the Same shall devolve on the Vice President, and the Congress may +by Law provide for the Case of Removal, Death, Resignations, or Inability, +both of the President and Vice President, declaring what Officer shall +then act as President, and such Officer shall act accordingly, until the +Disability be removed, or a President shall be elected. + +The President shall, at stated Times, receive for his Services, a +Compensation, which shall neither be increased nor diminished during the +Period for which he shall have been elected, and he shall not receive +within that Period any other Emolument from the United States, or any of +them. + +Before he enter on the Execution of his Office, he shall take the +following Oath or Affirmation:--"I do solemnly swear (or affirm) that I +will faithfully execute the Office of President of the United States, and +will to the best of my Ability, preserve, protect and defend the +Constitution of the United States." + +Section 2. The President shall be Commander in Chief of the Army and Navy +of the United States, and of the Militia of the several States, when +called into the actual Service of the United States; he may require the +Opinion, in writing, of the principal Officer in each of the executive +Departments, upon any Subject relating to the Duties of their respective +Offices, and he shall have Power to grant Reprieves and Pardons for +Offences against the United States, except in Cases of Impeachment. + +He shall have Power, by and with the Advice and Consent of the Senate, to +make Treaties, provided two thirds of the Senators present concur; and he +shall nominate, and by and with the Advice and Consent of the Senate, +shall appoint Ambassadors, other public Ministers and Consuls, Judges of +the supreme Court, and all other Officers of the United States, whose +Appointments are not herein otherwise provided for, and which shall be +established by Law: but the Congress may by Law vest the Appointment of +such inferior Officers, as they think proper, in the President alone, in +the Courts of Law, or in the Heads of Departments. + +The President shall have Power to fill up all Vacancies that may happen +during the recess of the Senate, by granting Commissions which shall +expire at the End of their next Session. + +Section 3. He shall from time to time give to the Congress Information of +the state of the Union, and recommend to their Consideration such Measures +as he shall judge necessary and expedient; he may, on extraordinary +Occasions, convene both Houses, or either of them, and in Case of +Disagreement between them, with Respect to the Time of Adjournment, he may +adjourn them to such Time as he shall think proper; he shall receive +Ambassadors and other public Ministers; he shall take Care that the Laws +be faithfully executed, and shall Commission all the Officers of the +United States. + +Section 4. The President, Vice President and all civil Officers of the +United States, shall be removed from Office on Impeachment for, and +Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. + +ARTICLE III. + +Section 1. The judicial Power of the United States shall be vested in one +supreme Court, and in such inferior Courts as the Congress may from time +to time ordain and establish. The Judges, both of the supreme and inferior +Courts, shall hold their Offices during good Behaviour, and shall, at +stated Times, receive for their Services, a Compensation which shall not +be diminished during their Continuance in Office. + +Section 2. The judicial Power shall extend to all Cases, in Law and +Equity, arising under this Constitution, the Laws of the United States, +and Treaties made, or which shall be made, under their Authority;--to all +Cases affecting Ambassadors, other public Ministers and Consuls;--to all +Cases of admiralty and maritime Jurisdiction;--to Controversies to which +the United States, shall be a party;--to Controversies between two or more +States;--between a State and Citizens of another State;--between Citizens of +different States;--between Citizens of the same State claiming Lands under +Grants of different States, and between a State, or the Citizens thereof, +and foreign States, Citizens or Subjects. + +In all Cases affecting Ambassadors, other public Ministers and Consuls, +and those in which a State shall be a Party, the supreme Court shall have +original Jurisdiction. In all the other Cases before mentioned, the +supreme Court shall have appellate Jurisdiction, both as to Law and Fact, +with such Exceptions, and under such Regulations as the Congress shall +make. + +The trial of all Crimes, except in Cases of Impeachment, shall be by Jury, +and such Trial shall be held in the State where the said Crimes shall have +been committed; but when not committed within any State, the Trial shall +be at such Place or Places as the Congress may by Law have directed. + +Section 3. Treason against the United States, shall consist only in +levying War against them, or in adhering to their Enemies, giving them Aid +and Comfort. No person shall be convicted of Treason unless on the +Testimony of two Witnesses to the same overt Act, or on Confession in open +Court. + +The Congress shall have power to declare the Punishment of Treason, but no +Attainder of Treason shall work Corruption of Blood, or Forfeiture except +during the Life of the Person attainted. + +ARTICLE IV. + +Section 1. Full Faith and Credit shall be given in each State to the +public Acts, Records and judicial Proceedings of every other State. And +the Congress may by general Laws prescribe the Manner in which such Acts, +Records and Proceedings shall be proved, and the Effect thereon. + +Section 2. The Citizens of each State shall be entitled to all Privileges +and Immunities of Citizens in the several States. + +A Person charged in any State with Treason, Felony, or other Crime, who +shall flee from Justice, and be found in another State, shall on demand of +the executive Authority of the State from which he fled, be delivered up, +to be removed to the State having Jurisdiction of the Crime. + +No Person held to Service or Labour in one State, under the Laws thereof, +escaping into another, shall, in Consequence of any Law or Regulation +therein, be discharged from such service or Labour, but shall be delivered +up on Claim of the Party to whom such Service or Labour may be due. + +Section 8. New States may be admitted by the Congress into this Union; but +no new State shall be formed or erected within the Jurisdiction of any +other State; nor any State be formed by the Junction of two or more +States, or parts of States, without the Consent of the Legislatures of the +States concerned as well as of the Congress. + +The Congress shall have Power to dispose of and make all needful Rules and +Regulations respecting the Territory or other property belonging to the +United States; and nothing in this Constitution shall be so construed as +to Prejudice any Claims of the United States, or of any particular State. + +Section 4. The United States shall guarantee to every State in this Union +a Republican Form of Government, and shall protect each of them against +invasion; and on Application of the Legislature, or of the Executive (when +the Legislature cannot be convened) against domestic Violence. + +ARTICLE V. + +The Congress, whenever two thirds of both Houses shall deem it necessary, +shall propose Amendments to this Constitution, or, on the Application of +the Legislatures of two thirds of the several States, shall call a +Convention for proposing Amendments, which, in either Case, shall be valid +to all Intents and Purposes, as Part of this Constitution, when ratified +by the Legislatures of three-fourths of the several States, or by +Conventions in three-fourths thereof, as the one or the other Mode of +Ratification may be proposed by the Congress; Provided that no Amendment +which may be made prior to the Year One thousand eight hundred and eight +shall in any Manner affect the first and fourth Clauses in the Ninth +Section of the first Article; and that no State, without its Consent, +shall be deprived of its equal Suffrage in the Senate. + +ARTICLE VI. + +All Debts contracted and Engagements entered into, before the Adoption of +this Constitution, shall be as valid against the United States under this +Constitution, as under the Confederation. + +This Constitution, and the Laws of the United States which shall be made +in Pursuance thereof; and all Treaties made, or which shall be made, under +the Authority of the United States, shall be the supreme Law of the Land; +and the Judges in every State shall be bound thereby, any Thing in the +Constitution or Laws of any State to the Contrary notwithstanding. + +The Senators and Representatives before mentioned, and the Members of the +several State Legislatures, and all executive and judicial Officers, both +of the United States and of the several States, shall be bound by Oath or +Affirmation, to support this Constitution; but no religious Test shall +ever be required as a Qualification to any Office or public Trust under +the United States. + +ARTICLE VII. + +The Ratification of the Conventions of nine States shall be sufficient for +the Establishment of this Constitution between the States so ratifying the +Same. + +DONE in Convention by the Unanimous Consent of the States present the +Seventeenth Day of September in the Year of our Lord one thousand seven +hundred and Eighty seven, and of the Independence of the United States of +America the Twelfth. In Witness whereof We have hereunto subscribed our +Names, + +Go. Washington + +Presidt. and Deputy from Virginia + + + + + +ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITUTION OF THE UNITED +STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES +OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL +CONSTITUTION + + +ARTICLE I. + +Congress shall make no law respecting an establishment of religion, or +prohibiting the free exercise thereof; or abridging the freedom of speech, +or of the press; or the right of the people peaceably to assemble, and to +petition the Government for a redress of grievances. + +ARTICLE II. + +A well regulated Militia, being necessary to the security of a free State, +the right of the people to keep and bear Arms, shall not be infringed. + +ARTICLE III. + +No Soldier shall, in time of peace, be quartered in any house, without the +consent of the Owner, nor in time of war, but in a manner to be prescribed +by law. + +ARTICLE IV. + +The right of the people to be secure in their persons, houses, papers, and +effects, against unreasonable searches and seizures, shall not be +violated, and no Warrants shall issue, but upon probable cause, supported +by Oath or affirmation, and particularly describing the place to be +searched, and the persons or things to be seized. + +ARTICLE V. + +No person shall be held to answer for a capital, or otherwise infamous +crime, unless on a presentment or indictment of a Grand Jury, except in +cases arising in the land or naval forces, or in the Militia, when in +actual service in time of War or public danger; nor shall any person be +subject for the same offence to be twice put in jeopardy of life or limb; +nor shall be compelled in any criminal case to be a witness against +himself, nor be deprived of life, liberty, or property, without due +process of law; nor shall private property be taken for public use, +without just compensation. + +ARTICLE VI. + +In all criminal prosecutions, the accused shall enjoy the right to a +speedy and public trial, by an impartial jury, of the State and district +wherein the crime shall have been committed, which district shall have +been previously ascertained by law, and to be informed of the nature and +cause of the accusation; to be confronted with the witnesses against him; +to have compulsory process for obtaining witnesses in his favor, and to +have the Assistance of Counsel for his defence. + +ARTICLE VII. + +In suits at common law, where the value in controversy shall exceed twenty +dollars, the right of trial by jury shall be preserved, and no fact tried +by a jury shall be otherwise re-examined in any Court of the United +States, than according to the rules of the common law. + +ARTICLE VIII. + +Excessive bail shall not be required, nor excessive fines imposed, nor +cruel and unusual punishments inflicted. + +ARTICLE IX. + +The enumeration in the Constitution, of certain rights, shall not be +construed to deny or disparage others retained by the people. + +ARTICLE X. + +The powers not delegated to the United States by the Constitution, nor +prohibited by it to the States, are reserved to the States respectively, +or to the people. + +ARTICLE XI. + +The Judicial power of the United States shall not be construed to extend +to any suit in law or equity, commenced or prosecuted against one of the +United States by Citizens of another State, or by Citizens or Subjects of +any Foreign State. + +ARTICLE XII. + +The Electors shall meet in their respective states and vote by ballot for +President and Vice-President, one of whom, at least, shall not be an +inhabitant of the same state with themselves; they shall name in their +ballots the person voted for as President, and in distinct ballots the +person voted for as Vice-President, and they shall make distinct lists of +all persons voted for as President, and of all persons voted for as +Vice-President, and of the number of votes for each, which lists they +shall sign and certify, and transmit sealed to the seat of the government +of the United States, directed to the President of the Senate;--The +President of the Senate shall, in presence of the Senate and House of +Representatives, open all the certificates and the votes shall then be +counted;--The person having the greatest number of votes for President, +shall be the President, if such number be a majority of the whole number +of Electors appointed; and if no person have such majority, then from the +persons having the highest numbers not exceeding three on the list of +those voted for as President, the House of Representatives shall choose +immediately, by ballot, the President. But in choosing the President, the +votes shall be taken by states, the representation from each state having +one vote; a quorum for this purpose shall consist of a member or members +from two-thirds of the states, and a majority of all the states shall be +necessary to a choice. And if the House of Representatives shall not +choose a President whenever the right of choice shall devolve upon them, +before the fourth day of March next following, then the Vice-President +shall act as President, as in the case of the death or other +constitutional disability of the President.--The person having the greatest +number of votes as Vice-President, shall be the Vice-President, if such +number be a majority of the whole number of Electors appointed, and if no +person have a majority, then from the two highest numbers on the list, the +Senate shall choose the Vice-President; a quorum for the purpose shall +consist of two-thirds of the whole number of Senators, and a majority of +the whole number shall be necessary to a choice. But no person +constitutionally ineligible to the office of President shall be eligible +to that of Vice-President of the United States. + +ARTICLE XIII. + +Section 1. Neither slavery nor involuntary servitude, except as a +punishment for crime whereof the party shall have been duly convicted, +shall exist within the United States, or any place subject to their +jurisdiction. + +Section 2. Congress shall have power to enforce this article by +appropriate legislation. + +ARTICLE XIV. + +Section 1. All persons born or naturalized in the United States, and +subject to the jurisdiction thereof, are citizens of the United States and +of the State wherein they reside. No State shall make or enforce any law +which shall abridge the privileges or immunities of citizens of the United +States; nor shall any State deprive any person of life, liberty, or +property, without due process of law; nor deny to any person within its +jurisdiction the equal protection of the laws. + +Section 2. Representatives shall be apportioned among the several States +according to their respective numbers, counting the whole number of +persons in each State, excluding Indians not taxed. But when the right to +vote at any election for the choice of electors for President and +Vice-President of the United States, Representatives in Congress, the +Executive and Judicial officers of a State, or the members of the +Legislature thereof, is denied to any of the male inhabitants of such +State, being twenty-one years of age, and citizens of the United States, +or in any way abridged, except for participation in rebellion, or other +crime, the basis of representation therein shall be reduced in the +proportion which the number of such male citizens shall bear to the whole +number of male citizens twenty-one years of age in such State. + +Section 3. No person shall be a Senator or Representative in Congress, or +elector of President and Vice-President, or hold any office, civil or +military, under the United States, or under any State, who, having +previously taken an oath, as a member of Congress, or as an officer of the +United States, or as a member of any State Legislature, or as an executive +or judicial officer of any State, to support the Constitution of the +United States, shall have engaged in insurrection or rebellion against the +same, or given aid or comfort to the enemies thereof. But Congress may, by +a vote of two-thirds of each House, remove such disability. + +Section 4. The validity of the public debt of the United States, +authorized by law, including debts incurred for payment of pensions and +bounties for services in suppressing insurrection or rebellion, shall not +be questioned. But neither the United States nor any other State shall +assume to pay any debt or obligation incurred in aid of insurrection or +rebellion against the United States, or any claim for the loss or +emancipation of any slave; but all such debts, obligations and claims +shall be held illegal and void. + +Section 5. The Congress shall have power to enforce, by appropriate +legislation, the provisions of this article. + +ARTICLE XV + +Section 1. The right of citizens of the United States to vote shall not be +denied or abridged by the United States or by any State on account of +race, color, or previous condition of servitude. + +Section 2. The Congress shall have power to enforce this article by +appropriate legislation. + +ARTICLE XVI + +The Congress shall have power to lay and collect taxes on incomes, from +whatever source derived, without apportionment among the several States, +and without regard to any census or enumeration. + +ARTICLE XVII + +The Senate of the United States shall be composed of two Senators from +each State, elected by the people thereof, for six years; and each Senator +shall have one vote. The electors in each State shall have the +qualifications requisite for electors of the most numerous branch of the +State legislatures. + +When vacancies happen in the representation of any State in the Senate, +the executive authority of such State shall issue writs of election to +fill such vacancies: Provided, That the legislature of any State may +empower the executive thereof to make temporary appointment until the +people fill the vacancies by election as the legislature may direct. + +This amendment shall not be so construed as to affect the election or term +of any Senator chosen before it becomes valid as part of the Constitution. + +ARTICLE XVIII + +Section 1. After one year from the ratification of this article the +manufacture, sale, or transportation of intoxicating liquors within, the +importation thereof into, or the exportation thereof from the United +States and all territory subject to the jurisdiction thereof for beverages +purposes is hereby prohibited. + +Section 2. The Congress and the several States shall have concurrent power +to enforce this article by appropriate legislation. + +Section 3. This article shall be inoperative unless it shall have been +ratified as an amendment to the Constitution by the legislatures of the +several States, as provided in the Constitution, within seven years from +the date of the submission hereof to the States by the Congress. + +ARTICLE XIX + +The right of citizens of the United States to vote shall not be denied or +abridged by the United States or by any State on account of sex. + +Congress shall have power to enforce this article by appropriate +legislation. + + + + + + +FOOTNOTES + + + 1 Boys and girls often do not realize the value of an education as a + preparation for success in life. The following figures from an + educational authority show what education does for a boy or a girl. + + (a) Less than three per cent of the people of the United States have + a college education, but this three per cent furnishes fifty-nine + per cent of the men and women called successful. Fourteen per cent + come from those having had some college training. This shows that + nearly three-fourths of all men and women in the United States + called successful have had some college training. + + (b) During the past ten years Massachusetts has given all her + children a minimum of seven years of schooling, while Tennessee has + given her children but three years. The Massachusetts citizens + produce per capita $260 per year, while the Tennessee citizens + produce per capita $116 per year. + + (c) Of the fifty-five members attending the Federal convention that + made the Constitution of the United States in 1787, thirty had + attended college, and twenty-six had college degrees. Of the forty + State officers in Iowa in 1918, thirty were college graduates, seven + were graduates of high schools, and only three had less than a high + school education. + + (d) The child with no schooling has one chance in 150,000 of + performing distinguished services; with elementary education he has + four times the chance; with high school education he has + eighty-seven times the chance; with college education he has eight + hundred times the chance. + + (e) Every boy and every girl should stick to his school work until + he at least graduates from a fully accredited high school. + + 2 "Law can do nothing without morals."--Benjamin Franklin. + + "Through the whole of life and the whole system of duties, much the + strongest moral obligations are such as were never the results of + our option."--Edmund Burke. + + "To do evil that good may come of it, is for the bungler in politics + as well as in morals."--Benjamin Franklin. + + "Duty is not collective; it is personal."--Calvin Coolidge. + + 3 "Ignorance of the law excuses no man."--Selected. + + "Knowledge is in every country the surest basis of public + happiness."--George Washington. + + 4 "The thorough education of all classes of people is the most + efficacious means of promoting the prosperity of the Nation. The + material interests of its citizens, as well as their moral and + intellectual culture, depend upon its accomplishment."--Robert E. + Lee. + + "In a Republic education is indispensable. A Republic without + education is like the creature of imagination, a human being without + a soul, living and moving blindly, with no just sense of the present + or the future."--Charles Sumner. + + "Without popular education, no government which rests upon popular + action can long endure. The people must be schooled in the + knowledge, and if possible in the virtues, upon which the + maintenance and success of free institutions depend."--Woodrow + Wilson. + + 5 "Where the State has bestowed education, the man who accepts it must + be content to accept it merely as charity, unless he returns it to + the State in full in the shape of good citizenship."--Theodore + Roosevelt. + + 6 "_Government_--_Liberty_--_Authority_--_Law_--the man or the woman who + fails to appreciate the true meaning of these terms, lacks the + training necessary to be a good citizen in a Republic."--Abraham + Lincoln. + + "We need more of the office desk and less of the show-window in + politics. Let men in office substitute the midnight oil for the + lime-light."--Calvin Coolidge. + + 7 "Government is the aggregate of authorities which rule a society." + + "Government is that institution or aggregate of institutions by + which society makes and carries out those rules of action which are + necessary to enable men to live in a social state, or which are + imposed upon the people forming that society by those who possess + the power or authority of prescribing them."--Bouvier's _Law + Dictionary_, Vol. I, p. 891. + + 8 Government is the organized means and power that a State or Nation + employs for the purpose of securing the rights of the people, and of + perpetuating its own existence. + + The real aim and purpose is well stated in the preamble to our + Constitution when it says: "to form a more perfect Union, establish + Justice, insure domestic Tranquility, provide for the common + Defence, promote the general Welfare, and secure the blessings of + Liberty to ourselves and our Posterity". + + Government can never rise higher than the ideals of the people who + compose the government. Good governments are the products of good + people. Good governments can only exist where the people are + intelligent and upright in character, and where each citizen is + willing to guard the rights and privileges of others as well as + those of himself. + + "This government _of the people_, _by the people_, and _for the + people_, shall not perish from the earth."--Abraham Lincoln. + + 9 The object of government is to protect the citizens of a country and + to promote their general welfare, and it is composed of the + officials who care for the public interests of the citizens. + + Under republican government, the weakest citizen enjoys the same + rights and privileges as do the strongest citizens, the poorest have + the same protection given to the richest, the most humble man or + woman has a chance to become the head of his or her government and + to lead the Nation among the most powerful Nations in the world. + + "Brains and character rule the world. There were scores of men a + hundred years ago who had more intellect than Washington. He + outlives and overrides them all by the influence of his + character."--Wendell Phillips. + + "The true greatness of nations is in those qualities which + constitute the greatness of the individual."--Charles Sumner. + + 10 "There is always hope in a man that actually and honestly works. In + idleness alone is there perpetual despair."--Thomas Carlyle. + + "He that hath a trade hath an estate, and he that hath a calling + hath an office of profit and honor."--Benjamin Franklin. + + "If you have the great talents, industry will improve them; if + moderate abilities, industry will supply their deficiencies."--Joshua + Reynolds. + + "Other nations have received their laws from conquerors; some are + indebted for a constitution to the suffering of their ancestors + through revolving centuries. The people of this country, alone, have + formally and deliberately chosen a government for themselves, and + with open and uninfluenced consent bound themselves into a social + compact. Here no man proclaims his birth or wealth as a title to + honorable distinction, or to sanctify ignorance and vice with the + name of hereditary authority. He who has most zeal and ability to + promote public felicity, let him be the servant of the public."--John + Adams. + + "The basis of our political system is the right of the people to + make or alter their constitution of government."--George Washington. + + "Let us then, fellow citizens, unite with one heart and one mind and + labor for the welfare of the country."--Thomas Jefferson. + + "The Declaration of Independence and the Constitution of the United + States are parts of one consistent whole, founded upon one and the + same theory of government,--that the people are the only legitimate + source of power, and that all just powers of government are derived + from the consent of the governed."--John Quincy Adams. + + 11 This description almost perfectly fits the making of the Mayflower + Compact in the cabin of the ship Mayflower on November 11, 1620. + Those Pilgrim Fathers drew up an agreement which was the first + attempt at a written constitution in the New World. The Fundamental + Orders of Connecticut, of 1638, are generally conceded to be the + oldest real constitution in America. + + 12 When Jefferson wrote "all men are created equal", he did not mean + that all infant children have equal capacities for learning or + accomplishment, but that all children ought to be given equal + opportunities by the government of a republic. He meant that in a + republic all children, whether rich or poor, whether of the + aristocracy or of the common people, had great opportunities to be + good and great men and women. He meant that a poor boy born in the + Kentucky mountains and a rail splitter in the woods of Illinois had + the opportunity to become President of the United States. + + "The Declaration of Independence was not a mere temporary expedient, + but is an enunciation of fundamental truths intended for all + time."--William J. Bryan. + + "Fourscore and seven years ago our fathers brought forth upon this + continent a new nation, _conceived in liberty_, and dedicated to the + proposition that all men are created equal."--Abraham Lincoln. + + "Where slavery is, there _liberty_ cannot be and where _liberty_ is, + slavery cannot be."--Abraham Lincoln. + + "Respect for its (the government's) authority, compliance with its + laws, acquiesence in its measures, are duties enjoined by the + fundamental maxims of true Liberty."--George Washington. + + "Liberty--on its positive side, denotes the fulness of individual + existence; on its negative side it denotes the necessary restraint + on all, which is needed to promote the greatest possible amount of + liberty for each."--Bouvier's _Law Dictionary_, Vol. I. p. 217. + + 13 "Other nations have received their laws from conquerors; some are + indebted for a constitution to the sufferings of their ancestors + through revolving centuries. The people of this country, alone have + formally and deliberately chosen a government for themselves, and + with open and uninfluenced consent bound themselves into a social + compact. Here no man proclaims his birth or wealth as a title to + honorable distinction, or to sanctify ignorance and vice with the + name of hereditary authority."--John Adams. + + 14 "Liberty means freedom in the enjoyment of all one's faculties in + all lawful ways, the liberty to earn a livelihood by any lawful + calling, the liberty to live and work where one wills."--_Allgeyer + vs. Louisiana, 165 U. S. 578._ + + 15 "Civil liberty is the liberty belonging to men in organized society. + It is liberty defined, regulated and protected by positive law of + the State or recognized as existing under customary + law."--_Cyclopedia of American Government_, Vol. II, p. 347. + + The American people are a peculiar people. They are peculiar in + their origin, peculiar in their make-up, and due to their + sufferings, their persecutions, and their enduring perseverance, + they are still a peculiar people. From the first white man to steer + his little wooden ship westward across the great Atlantic ocean to + the latest arrival among the most recent immigrants, the people + coming to America have been different from those people remaining in + their European homes. The conditions surrounding the lives of those + people in Europe who left their homes and first settled in America + were not materially different from the conditions surrounding the + lives of thousands of other people who were satisfied and content to + remain on their European shores. Many men thought the earth was + round long before Christopher Columbus sailed away from that little + seaport town in Spain to test his own ideas of finding a shorter + route to India. Many people believed in religious liberty long + before the Pilgrims and Puritans landed on the bleak New England + shores and suffered the hardships of first settlers in a new country + in order to worship God as they pleased. Many people seriously and + intelligently doubted the divine right of kings, and believed in the + rights of the people to govern themselves long before the American + colonists adopted the Declaration of Independence. But it was left + for these people--these coming Americans--to demonstrate to all the + world that America was to be peopled by men and women of different + ideals, different hopes, and different ambitions from all the other + nations of the world. + + 16 A pure democracy would be that form of government in which all + people of the age of twenty-one years could actually take part in + making the laws and administering the government. A country would + need be very small indeed, if _all_ the people above twenty-one + years of age could assemble in any one place and organize and + conduct a meeting in which _all_ could take part in law-making. No + building would be large enough to accommodate all the people and + even if all the people assembled out of doors, the number would be + so large that those standing or sitting near the outer edge of the + assembly would be so far from the speaker that they could not hear + what he said when he spoke to them. A pure democracy is a physical + impossibility. The nearest form of government to a pure democracy is + a representative democracy, or one in which groups of people choose + one or more persons to represent them. Then these representatives + make laws and carry on the government in the name of all the people + whom they represent. Therefore a democracy is that form of + government in which all people have equal opportunities, and in + which all may take part in the government through their chosen + representatives. + + "No matter how widely democracy may be extended, if it is not + accompanied by a certain equality of opportunity among the members + of the political society, it is not democracy."--_Cyclopedia of + American Government_, Vol. I, p. 561. + + "Democracy is that form of government in which the people rule. The + basis of democracy is equality, as that of the aristocracy is + privilege."--Bouvier's _Law Dictionary_, Vol. I, p. 540. + + "The beginnings of democracy were best observed in the townships of + New England, where the Puritans from England settled and organized + towns which were centers of democracy."--Peter Roberts. + + In an absolute monarchy, the ruler is supreme; in a limited + monarchy, the parliament or congress sets a limit to the powers of + the ruler; in a democracy, the people rule. + + "It is almost impossible that all the people will exactly agree on + any proposition, either political or social. Therefore the rule of + government in a democracy is, that all the people shall accept and + obey those laws and regulations that are pleasing to the majority." + + "The basis of our political system is the right of the _people_ to + make or alter their constitution of government."--George Washington. + + "No man is good enough to govern another man without that other + man's consent."--Abraham Lincoln. + + "This country, with all its institutions, belongs to the people who + inhabit it."--Abraham Lincoln. + + "I believe that the American people accept, as one just definition + of democracy, Napoleon's phrase, 'Every career is open to + talent'."--Charles William Eliot. + + Lincoln defined a democracy as "A government of the people, by the + people, and for the people". + + 17 "A Republic may be defined as a state in which the sovereign power + rests in the people as a whole but is exercised by representatives + chosen by a popular vote."--_Cyclopedia of American Government_, Vol. + III, p. 188. + + "A Republic, in the modern sense of the term, is a government which + derives all its powers directly, or indirectly, from the great body + of the people, i. e. the majority--and is administered by persons + holding their offices for a limited period."--_Cyclopedia of American + Government_, Vol. III, p. 188. + + "Republican government is a government of the people; a government + by representatives chosen by the people."--Bouvier's _Law + Dictionary_. + + The Constitution of the United States in Art. IV, Sec. 4 guarantees + to every State a republican form of government, but it does not + define what is republican government. It is generally assumed that + if for any reason the representative government of a State should be + destroyed or temporarily set aside, it would be the duty of the + Federal government, acting through the President as chief executive, + to use whatever force was necessary (including the army and navy) to + overcome such agency and to restore to the people of that State its + former representative government. + + "It is left to Congress to decide what constitutes a republican form + of government, and Congress also has the right to say which + government in a state is the legal government. This necessarily + follows because before Congress can decide whether the government is + Republican it must decide which government is in force."--_Luther vs. + Borden, 7 Howard 1._ + + "It is Congress and not the President who decides what is Republican + government in a state."--_Martin vs. Mott, 12 Wheaton 19._ + + 18 "It may well be contended that a republican form of government + necessarily involves the exercise of powers of government by + representative officers and bodies, and the distribution of powers + of government among distinct and independent departments."--McClain's + _Constitutional Law_, p. 10. + +_ 19 Initiative_ means the right of the people to initiate or commence + the process of lawmaking. It is done by circulating a petition + asking that a certain provision be enacted into law. If the petition + receives the signatures of a certain percentage of qualified voters, + the legislature is required to enact the provision into law, or + submit it to the voters to determine whether it shall become law. + + _Referendum_ means that the qualified voters through the process of + balloting may determine whether a measure proposed either through + the action of the legislature, or through the initiative, shall + become law. + + _Recall_ is the method by which the qualified voters may remove an + undesirable officer from office before the expiration of his term. + It is done through a petition requiring a certain percentage of + signers from among the qualified voters. If the petition is + sufficient an election is called at which time the officer may + appear for continuation in office and others may appear as + candidates for that office. The one receiving the largest vote is + duly chosen. + + 20 Children who attend the public school are subject to the law as well + as are grown people who work in factories or on farms. The teacher + must have rules and regulations governing the conduct of pupils in + school. These are laws which the children must obey. If a pupil + insists on disturbing other pupils or talking out loud--such may be a + violation of the rules governing a good school and the pupil may be + punished for such violation. + + 21 Law has been defined as: "The aggregate of those laws and principles + of conduct which the governing power in a community recognizes as + the rules and principles which it will enforce or sanction, and + according to which it will regulate, limit, or protect the conduct + of its members."--Bouvier's _Law Dictionary_, Vol. II, p. 144. + + "Law consists of the rules and methods by which society compels or + restrains the actions of its members." + + In the legal sense--A law is a rule which the courts will enforce. + The courts will not enforce all rules, and therefore there are many + rules which are not law in the legal sense. + + "Law _might_ be defined as the aggregate of those rules and + principles promulgated by legislative authority or established by + local custom, and our laws are the resultant derived from a + combination of the divine or moral laws, the laws of nature and + human experience, as such resultant has been evolved by human + intellect, influenced by the virtue of the ages."--_Words and + Phrases_, p. 33. + + "Law has her seat in the bosom of God; her voice in the harmony of + the world."--Hooker. + + "Laws are the very bulwark of liberty. They define every man's + rights, and stand between and defend individual liberties of + all."--J. G. Holland. + + "Laws exist in vain for those who do not have the courage and the + means to defend them."--Thomas B. Macauley. + + "Laws, written, if not on stone tablets, yet on the azure of + infinitude, in the inner heart of God's creation, certain as life, + certain as death, are they, and thou shalt not disobey them."--Thomas + Carlyle. + + "A rule of civil conduct prescribed by the supreme power in a + state."--Bouvier's _Law Dictionary_. + + 22 Laws and rules are statements of what has been agreed upon as proper + conduct among persons who associate together. A person living on a + lonely island in the ocean with no other person near would not need + law. But as soon as two persons share the island and its fruits and + animals and plants, then certain rules need be set up for the + protection of each against the other. Where people are most closely + associated, we need the greatest number of rules or laws. People + living in large cities must more often need law than do those living + in rural districts. + + 23 A person may drive an automobile at twenty miles per hour on a + country road with perfect safety, but twenty miles per hour in a + crowded city would be positively dangerous to people crossing the + streets. Therefore the speed limit of five or perhaps ten miles per + hour in cities. + + 24 People have as much right to walk on the sidewalks of the town or + city as do other people to drive teams and wagons or automobiles on + the streets. Each must obey the traffic laws. At crossings their + rights of passage conflict, therefore each must be on the look-out + when crossing the street. The law provides street crossings, + therefore footmen must not "cut the crossings" but go the directed + way. + + 25 When election time comes each year, or every two years, those who + are qualified to vote ought by all means give careful consideration + to the candidates for office and to the issues that constitute the + campaign. It requires good men to make good laws. Good men are only + chosen to office when good people interest themselves in the + candidates and attend the elections and cast intelligent votes. Good + laws are properly enforced only when good men are chosen to office. + + 26 "A child, an apprentice, a pupil, a mariner, and a soldier owe + respectively obedience to the lawful commands of the parent, the + master, the teacher, the captain of the ship, and the military + officer having command: and in case of disobedience submission may + be enforced by correction."--Bouvier's _Law Dictionary_, Vol. II, p. + 531. + + "To obey is better than sacrifice." + + "Children, obey your parents in all things; for this is well + pleasing unto the Lord." + + "Servants, obey in all things your masters according to the flesh; + not with eye service, as men pleasers; but in singleness of heart, + fearing God." + + "Masters, give unto your servants that which is just and equal; + knowing that ye also must be obedient."--Quotations from _The Bible_. + + "The capacity of the people for self government, and their + willingness, ... to submit to all needful restraints, and exactions + of municipal law, have been favorably exemplified in the history of + the American States."--Martin Van Buren. + + "Let us have faith that right makes might and in that faith let us + to the end dare do our duty as we understand it."--Abraham Lincoln. + + "Surely I do not misinterpret the spirit of the occasion when I + assume that the whole body of the people convenant with me today to + support and defend the Constitution and ... to yield a willing + obedience to all the laws, and each to every other citizen his equal + civil and political liberty."--Benj. Harrison. + + "Patriotism calls for the faithful performance of all the duties of + citizenship in small matters as well as great, at home as well as on + tented fields."--William J. Bryan. + + 27 We must see ourselves as we are, moving in our daily life, guarded + and safeguarded in every act by law. Every act in life is lawful or + unlawful; that is, we are protected by the law in our every act, or + we are condemned or punished. Here are two children on their way to + school, one walking upon the sidewalk, exercising a lawful right; + one riding his bicycle upon the sidewalk, performing an unlawful + act. The one is an example of a careful law-abiding citizen, the + other an example of a law-violator. + + 28 Constitution of the United States, Art. I, Sec. 8, Cl. 5. + + 29 Created by an Act of Congress of March 3rd, 1901. It is a bureau of + the Department of Commerce, and is charged with comparing the + standards used in scientific investigations, commerce, and + educational institutions with standards adopted and recognized by + the government. + + 30 The Thirty-fifth General Assembly of the State of Iowa provided for + a State Inspector of Weights and Measures whose duty is to travel + over the State and investigate conditions among those who buy and + sell, and to make arrests and prosecute those found defrauding + others by giving short weights or measures, or who sell or offer for + sale spoiled foods, or keep their shops or stores in an unsanitary + condition. + + 31 Constitution of the United States, Art. I, Sec. 8, Cl. 5. + +_ 32 Revised Statutes of the United States_, Sec. 5413 and following. + + 33 Very few letters are ever lost in the mails. The writer one time + addressed a letter to a friend living in Sydney, Australia. It was + mailed at Iowa City, Iowa, and was sent east. That letter went by + way of New York, England, France, Italy, the Suez Canal, and the + Indian Ocean to Sydney, Australia. The person to whom it was sent + had, in the meantime, left Sydney and the letter failed of delivery. + About three months after being first mailed it was returned to the + writer whose return address was on the outside of the envelope. In + being returned it came by way of the Pacific Ocean to San Francisco + and across the United States from the west. The letter had encircled + the globe and was returned safely to the original sender. Pretty + good work for the International Mail System. + + 34 Constitution of the United States, Art. I, Sec. 8, Cl. 7. + + 35 There are four general theories as to the origin of the Constitution + of the United States: (1) That it was an entirely new document. This + theory was inspired by the statement of Gladstone. People who heard + Mr. Gladstone or read of his comment on the Constitution + misinterpreted his saying and came to believe he meant that that + great Constitution was the work of the moment as conceived by the + men in the convention at Philadelphia. No one knew better than Mr. + Gladstone himself that such was not true. (2) That it was copied + almost entirely after the English constitution of that time. This + was the theory of Sir Henry Maine, and it was just as erroneous as + was the common acceptance of Gladstone's statement. There are many + things in the Constitution of the United States that were not in the + English constitution of that time. (3) That it was based entirely + upon the experience of the colonists themselves. This theory is also + incorrect as the facts show that many fundamentals of the + Constitution were copied directly from the governments of European + countries. (4) That it was due to all the above influences taken + together, but that they were worked out by the colonists and the + Constitution makers in their many years of experience in making + Constitutions for the States after their independence from England, + and during the time of the Confederation. + + A careful study of the debates in the convention at Philadelphia + will reveal the fact that the different governments, institutions, + rulers, and statesmen of Europe were referred to in the making of + the Constitution. + + During the discussions in the convention one hundred and thirty + allusions were made to the government and institutions of England. + The allusions made to France numbered nineteen. Those made to the + German States were seventeen. Those made to Holland were nineteen. + Greece was referred to thirteen times; Switzerland was alluded to + five times; and Rome was alluded to sixteen times. + + The English government and institutions were held up as a model to + be imitated fifty times; as an example to be avoided, twenty-four + times. France was held up as a model three times, and as a warning + five times. Rome was cited five times as a model and seven times as + a warning. + + From the standpoint of training, experience, and general + qualifications for constitution makers, the delegates who sat in the + Federal convention at Philadelphia were the most remarkable group of + statesmen the world has ever seen. Sixty-five delegates were chosen, + of whom fifty-five attended the convention and of these thirty-nine + signed the Constitution, three were present but refused to sign, and + thirteen were absent on the last day. Of the fifty-five who sat in + the convention, twenty-five were from northern States and thirty + from southern States. Of the thirty-nine signers, nineteen were from + the North and twenty from the South. + + Of the fifty-five men thirty were college men, twenty-six had + degrees, forty-seven were afterwards prominent in public life; of + the remaining eight, at least four died soon after the close of the + convention. The most noted men were: Washington, Franklin, Hamilton, + Madison, Wilson, Patterson, Gerry, Sherman, Pinckney, and Randolph. + Six men who signed the Constitution had also signed the Declaration + of Independence--Benjamin Franklin, James Wilson, Robert Morris, and + George Clymer of Pennsylvania, Roger Sherman of Connecticut, and + George Read of Delaware.--Meyerholz's _The Federal Convention_. + + 36 Montesquieu, a famous French writer of the eighteenth century, tells + us that political liberty consists in the security one feels in + doing whatever the law permits. However we must remember that the + laws themselves must likewise be sound. + + 37 We must notice that Article I of "The Short Constitution" commences, + "_Congress shall make no law_" etc., which means that these first + eight amendments to the Constitution of the United States apply only + to the Federal government, and are limitations on the powers of + Congress rather than on the powers of the States. However most + States have similar provisions in their Constitutions. + + 38 Article X is important because it tells in a few words the exact + relation of the States to the Federal government. + + 39 Article V of the main body of the Constitution provides that when + nine States should ratify the Constitution, it should be established + as the frame of government. The first State to ratify was Delaware, + December 7, 1787; the ninth State was New Hampshire, June 21, 1788; + and the last State was Rhode Island, May 29, 1790. + + 40 George Washington expressed the vast importance of this thought when + he said: "_The basis of our political system is the right of the + people to make or alter their constitution of government._" + + "The Constitution is itself in every rational sense and to every + useful purpose a bill of rights."--Alexander Hamilton. + + "Much of the strength and efficiency of any government in procuring + and securing happiness to the people depends on opinion, on the + general opinion of the goodness of the government, as well as of the + wisdom and integrity of its governors. I hope, therefore, for our + own sakes, as a part of the people and for the sake of our + posterity, that we shall act heartily and unanimously in + recommending this Constitution wherever our influence may extend, + and turn our future thoughts and endeavors to the means of having it + well administered."--Benjamin Franklin. + + "In the fullness of time a Republic rose up in the wilderness of + America. Thousands of years had passed away before this child of the + ages could be born. From whatever there was of good in the systems + of former centuries, she drew her nourishment; the wrecks of the + past were her warnings. The wisdom which had passed from India + through Greece, with what Greece had added of her own, the + jurisprudence of Rome, the mediaeval municipalities, the Teutonic + method of representation, the political experience of England, the + benignant wisdom of the expositors of the law of nature and of + nations in France and Holland, all shed on her their selectest + influence. Out of all the discoveries of statesmen and sages, out of + all the experience of past human life, she compiled a perennial + political philosophy, the primordial principles of national + ethics--she sought the vital elements of social forms and blended + them harmoniously in the free commonwealth which comes nearest to + the illustration of the natural equality of all men. She entrusted + the guardianship of established rights to law; the movement of + reform to the spirit of the people and drew her force from the happy + reconciliation of both."--George Bancroft. + + "In spite of its supposed precision, and its subjection to judicial + construction, our constitution has always been indirectly made to + serve the turn of that sort of legislation which its friends call + progressive, and its enemies call revolutionary, quite as + effectively as though Congress had the omnipotence of parliament. + The theory of the latent powers to carry out those granted has been + found elastic enough to satisfy almost any party demands in time of + peace, to say nothing of its enormous extensions in time of + war."--_The Nation_, November 7, 1872, No. 384, p. 300. + + "Our fathers by an almost divine prescience, struck the golden + mean."--Pomeroy's _An Introduction to the Constitutional History of + the United States_, p. 102. + + "It (the United States Constitution) ranks above every other written + Constitution for the intrinsic excellence of its scheme, its + adaptation to the circumstances of the people, the simplicity, + brevity and precision of its language, its judicious mixture of + definition in principle with elasticity in details. One is induced + to ask, to what causes, over and above the capacity of its authors + and the patient toil they bestowed upon it, these merits are due, or + in other words, what were the materials at the command of the + Philadelphia Convention for the achievement of so great an + enterprise as the creation of a nation by means of an instrument of + government. The American Constitution is no exception to the rule + that everything which has power to win the obedience and respect of + men must have its roots deep in the past, and that the more slowly + every institution has grown, so much the more enduring it is likely + to prove. There is little in this Constitution that is absolutely + new. There is much that is as old as Magna Charta."--James Bryce, + author of _The American Commonwealth_. + + "Let reverence for the law be breathed by every mother to the + lisping babe that prattles on her lap; let it be taught in schools, + seminaries, and colleges; let it be written in primers, spelling + books and almanacs; let it be preached from pulpits, and proclaimed + in legislative halls, and enforced in courts of justice; let it + become the political religion of the nation."--Abraham Lincoln. + + "The Constitution, which may at first be confounded with the Federal + Constitutions which have preceded it, rests in truth upon a wholly + novel theory--a great discovery in modern political science. In all + the Confederations which have preceded the American Constitution of + 1787, the Allied States ... agreed to obey the injunctions of a + federal government; but they reserved to themselves the right of + ordaining and enforcing the laws of the Union...." (The American + government, he explains, claims directly the allegiance of every + citizen, and acts upon each directly through its own courts and + officers.) "This difference has produced the most momentous + consequences."--Tocqueville's _Democracy in America_. + + "It will be the wonder and admiration of all future generations and + the model of all future constitutions."--William Pitt, after reading + the Constitution of the United States. + + "The Constitution of the United States is by far the most important + production of its kind in human history. It created, without + historic precedent, a federal-national government It combined + national strength with individual liberty in a degree so remarkable + as to attract the world's admiration. Never before in the history of + man had a government struck so fine a balance between liberty and + union, between state rights national sovereignty. The world had + labored for ages to solve this greatest of all governmental + problems, but it had labored in vain. Greece in her mad clamor for + liberty had forgotten the need of the strength that union brings, + and she perished. Rome fostered union, nationality, for its + strength, until it became a tyrant and strangled the child liberty. + It was left for our own Revolutionary fathers to strike the balance + between these opposing forces to join them in a perpetual wedlock in + such a way as to secure the benefits of both. They selected the best + things that had been tried and proved. Hence their great success, + hence the fact that 132 years after its signing, this same + Constitution is still the supreme law of the land and more deeply + imbedded in the American heart than ever."--Henry William Elson. + + "The Constitution is not an arbitrary, unchangeable document, but + can be adapted to meet new conditions whenever the people decide. It + should be upheld because under its wise provisions the United States + has developed into a great nation of happy and prosperous people; + because it contains sacred guarantees of protection for the + individual; and because it affords freedom and opportunity for every + citizen, whether native-born or naturalized. American citizenship + securely rests upon its firm foundation."--Henry Litchfield West. + + "The Federal Constitution, the whole of it, is nothing but a code of + the people's liberties, political and civil. The Constitution is not + a mass of rules, but the very substance of our freedom, not + obsolete; but in every part alive; more needful now than ever, and + as fitted to our needs."--Stimson's _The American Constitution_. + + "No other country in the world possesses the guarantees of + individual liberty and inherent rights that are accorded by the + Constitution of the United States."--David Jayne Hill's _The People's + Government_. + + "We need not view with apprehension or even regret the gradual + adaptation of the Constitution to the ever-changing needs from + generation to generation of the most progressive nation in the + world. The Constitution is not a static institution. It is neither, + on the one hand, a sandy beach, which is quickly destroyed by the + erosion of the waves, nor, on the other hand, is it a Gibralter rock + which wholly resists the ceaseless washing of time and + circumstances. Its strength lies in its adaptability to slow and + progressive change. While the necessity of change may be recognised + in the non-essentials, yet the Constitution was based upon certain + fundamental principles which were not thus changeable. These times + should not wither nor custom stale. While the great compact + apparently dealt only with very concrete and practical details of + government in the very simplest language, and carefully avoided + anything that savored of visionary doctrinarism, yet, behind these + simply but wonderfully phrased delegations of power, was a broad and + accurate political philosophy, which constitutes the true doctrine + of American Government. Its principles are of eternal verity. They + are founded upon the inalienable rights of man. They are not the + thing of the day or temporary circumstance. If they are destroyed, + then the spirit of our government is gone, even if the form + survive."--James M. Beck. + + "The Constitution remains the surest and safest foundation for a + free government that the wit of man has yet devised."--Nicholas + Murray Butler. + + "I believe there is no finer form of government than the one under + which we live, and that I ought to be willing to live or die, as God + decrees, that it may not perish from the earth through treachery + within or through assault without."--Thomas R. Marshall. + + "Although not a citizen of your great country, I am heart and soul + with you and your associates in the glorious fight you are making + for the preservation of your peerless Constitution, which has made + your country what it is, and which is today the brightest hope of + mankind."--Baron Rosen, formerly Russian Ambassador to the United + States of America. + + "Under the American Constitution was realized the sublime conception + of a nation in which every citizen lives under two complete and + well-rounded systems of laws,--the state law and the federal law--each + with its legislature, its executive, and its judiciary moving one + within the other, noiselessly, and without friction. It was one of + the longest reaches of constructive statesmanship ever known in the + world. There never was anything quite like it before, and in Europe + it needs much explanation even for educated statesmen who have never + seen its workings. Yet to America it has become so much a matter of + course that they, too, sometimes need to be told how much it + signifies. _In 1787 it was the substitution of law for violence + between states that were partly sovereign. In some future still + grander convention we trust the same thing will be done between + states that have been wholly sovereign, whereby peace may gain and + violence be diminished over other lands than this which has set the + example._"--John Fiske, in 1888. + + 41 The English government forced laws upon the colonies to restrict + trade and manufactures, to place a standing army in America, and to + raise taxes. The tax laws were denounced as illegal by the + colonists, who argued that they were not represented in Parliament. + + Read the charges made against the king and the government of England + in the Declaration of Independence. + + 42 Read the famous speech made by James Otis against the Stamp Act in + the Stamp Act Congress in New York, October, 1765. See _American + History Leaflets_. + + 43 The following were the fundamental defects of the Articles of + Confederation. + + a. They did not provide for a central executive, and there was no + supreme executive to enforce the laws. + + b. No provision was made for a central judiciary, and each State + interpreted the Federal laws as it saw fit. + + c. They permitted concurrent legislation on vital subjects: i. e. + each State could legislate as it pleased on such subjects as tariff, + foreign treaties, currency, etc. + + d. They permitted each State to regulate its own coinage and there + were at one time at least fourteen different kinds of coins in the + thirteen States. This greatly interfered with trade. + + e. They gave Congress no power to enforce the observance of + treaties. Congress could pass laws but could not enforce them. + + f. They gave Congress no power to coerce a State--it could only + recommend to the States. + + g. They required a two-thirds vote on all questions in Congress, and + votes were cast by States. Most bills may pass the present Congress + by a majority vote. + + h. Congress could not reach the individual to punish him for crime + committed against the Federal government, except through the State + in which the crime was committed. Often the States refused to act. + + i. The Articles could not be amended without the consent of all of + the States. Several times one State defeated the amendment of the + Articles. + + 44 The small States having only small areas and therefore less room for + settlers, were afraid of any form of union government which gave the + States proportional representation in Congress. These small States + declared they would not ratify the Articles of Confederation until + those States having large areas of western lands would agree to cede + those lands to the Federal government. The seven States holding + western lands agreed to cede their lands in January, 1781, and on + March 1st, Maryland as the last State ratified the Articles of + Confederation. + + 45 The various States chose a total of sixty-five delegates to attend + the Federal convention at Philadelphia. Of these, fifty-five + actually sat in the convention. Of the entire number, forty-two were + present on the last day and thirty-nine signed the Constitution. + + Of the fifty-five who sat in the convention, twenty-five were from + north of the Mason and Dixon Line, or from the northern States, and + thirty were from the southern States. Of the thirty-nine signers, + nineteen were from the North and twenty from the South. The three + who refused to sign were Elbridge Gerry of Massachusetts and Edmund + Randolph and George Mason of Virginia. These three men thought the + Constitution gave too much power to the central government and did + not leave enough to the States. + + Eight of the men who signed the Constitution were of foreign birth. + They were Alexander Hamilton, William Patterson, James Wilson, + Robert Morris, James McHenry, Thomas Fitzsimons, William R. Davie, + and Pierce Butler. You will notice that Hamilton, Wilson, Patterson, + and Morris were among the most influential men in the convention. + Many of America's greatest men have been of foreign birth. + + The oldest man in the convention was Benjamin Franklin who was + eighty-one years of age. The youngest man was Jonathan Dayton of New + Jersey who was only twenty-seven. Charles Pinckney was twenty-nine + years old, and Alexander Hamilton was thirty. The average age of the + entire membership in the convention was 43-2/5 years. + + The membership in the convention included a remarkable group of + men--in fact the most remarkable group of statesmen that ever + assembled for the making of a constitution. They had gained their + experience in five different ways: colonial legislatures, State + legislatures, State conventions, Continental Congresses, and in the + Congress of the Confederation. Six of them had the honor of having + signed the Declaration of Independence--Benjamin Franklin, James + Wilson, Robert Morris, Roger Sherman, George Read, and George + Clymer. Thirty delegates were college men and twenty-six had + degrees. + + 46 A careful study of the debates in the Federal convention will reveal + the following allusions to the government and institutions of other + countries. A total of two hundred and twenty-three allusions were + made to the governments of Europe, the most important of which were + the following: one hundred and thirty allusions were made to + England, of which fifty were commendatory, and twenty-four were + warnings; nineteen allusions were made to France, of which five were + commendatory and three were warnings; Germany, or rather the German + States, had seventeen allusions; Holland had twenty allusions; + Greece had twenty-five; Rome had twenty-six. The two hundred and + twenty-three allusions were made in such way as to indicate that the + delegates were widely read in both government and history. + + 47 The Constitution in Article VII says, "The Ratification of the + Conventions of nine States shall be sufficient for the Establishment + of this Constitution between the States so ratifying the Same." + + The first State to ratify was Delaware on December 7, 1787. New + Hampshire, the ninth State, ratified on June 21, 1788, and Rhode + Island, the last, on May 29, 1790. + + 48 Every right begets a duty. The more rights our government gives us, + the more duties are imposed upon each one of us. In an absolute + monarchy the people have very few rights and they also have very few + duties to perform. In democracies like the United States the people + have a right to participate in government, they also have the duty + of becoming intelligent and becoming acquainted with the various + details of the administration of government. When people have a + right to participate in government, they have the duty of attending + every election and casting an intelligent ballot. Where people have + a right to make law, they must accept the duty of helping enforce + law. Where people have freedom of religious belief and worship, they + must refrain from interfering in the belief of other people. Where + they have freedom of speech and press, they must protect other + people in that same right. Where people have the right of trial in a + legally constituted court of law, they must refrain from mob rule or + from lynch law. The greater the privileges given a people by law, + the greater are their duties to see that law is always respected and + carefully enforced. + + 49 The government of the United States is a dual government. There is a + State government within each State, which is supreme over the + affairs of that State alone. Then there is a Federal government + which is supreme and sovereign throughout the entire United States + in all those affairs which the Federal Constitution gives to the + control of the Federal government. The _police power_ of a State is + commonly defined as the power of a State to control all of its + domestic internal affairs. The Federal government is not permitted + to interfere with the police powers of the States. + + 50 "No state allows its government to dictate to any one what church he + shall attend or compels him to contribute to the support of any + church, the establishment of state churches being everywhere + forbidden. No person is disqualified from holding office or + exercising legal rights because of his religious views, although a + very few states make belief in the Deity a requisite for holding + certain state offices."--Hart's _Actual American Government_, Sec. + 13. + + 51 Constitution of the United States, Amendment I. + + 52 Church and state are wholly separated in the United States. When a + man takes office, no one asks him to what church he belongs, or what + his faith is. If a man wants to believe in the religions of India or + China, no officer of the National government has a right to + interfere with him, providing he does not violate a law of the land. + Religious tolerance is a growth. The Puritans who founded New + England, although they fled to America because of religious + persecutions, did not practice religious tolerance in the New World. + + 53 "The witchcraft craze at Salem, Massachusetts, in 1692, is commonly + thought to have been the legitimate outgrowth of the gloomy religion + of the Puritans. Nineteen persons were hanged or burned at the stake + for having bewitched children. One was crushed to death under heavy + weights because he would not confess that he was possessed of the + devil. From the time of King John down to 1712, innocent lives were + constantly sacrificed in England on this charge."--Thwaites's _The + Colonies_, p. 190. + + 54 Constitution of the United States, Amendment I. + + 55 The first ten amendments to the Constitution of the United States + are limitations on the powers of Congress, and these amendments do + not is any way limit the powers of the several States. It is a fact, + however, that practically all the States have incorporated these + same amendments in their Constitutions thereby placing the same + limitations upon their legislatures. A State may change its + Constitution and thereby curtail freedom of speech and press as it + may think necessary to protect its people, and some of the States + have enacted laws forbidding anarchists to hold public meetings or + to publish yellow journals in which they berate the government or + instigate rebellion or sedition among the people. But the Federal + government cannot pass any law abridging the freedom of speech or + press except such as may be enacted under the war powers of the + government when in actual war, such as was enacted in the Espionage + Act of 1917. + + 56 Libel is defined as any statement printed, or written, or any + picture or caricature that causes another person to be brought into + hatred, contempt, or ridicule or to be shunned by his associates. + Slander is any oral statement that causes another person to be + brought into hatred, contempt, or ridicule, or to be shunned by his + associates. In order to constitute either slander or libel the + statement or utterance must be communicated to a third party. + + "The right of citizens to petition the government to remove abuse + was won in Europe only after many hard conflicts. It is not conceded + in some European governments today, and men in those countries who + lead in reforms and advocate democratic measures are often thrown + into prison, banished, or exiled. This amendment to the Constitution + was inserted to guard against the tyranny of officers, who might + abuse the authority conferred upon them by the people." + + 57 Constitution of the United States, 1st Amendment. + + "The right of assembly is coupled with the guaranty of the right to + petition the government for a redress of grievances; but it is not + to be understood as limited to that object. Without doubt + assemblages for social, political or religious purposes are + protected by such against legislative prohibition unless attended + with circumstances rendering the exercise of the right inimical to + public peace, security or welfare."--Emlin McClain, quoted in the + _Cyclopedia of American Government_, Vol. I, p. 85. + + "The right to assemble may be restricted so far as necessary to + prevent its being exercised to promote unlawful purposes or in such + manner as to result in public inconvenience."--_Cyclopedia of + American Government_, Vol. I, p. 85. + + "The provision to the amendment to the Federal Constitution is a + limitation only on the powers of the Federal Government and does not + apply to the several states. The states have largely copied the same + provision into their constitutions." + + "The right of petition is important as recognizing a lawful occasion + for the assembly of the people and in connection with the guaranty + of freedom of speech and the press. The subject matter of a petition + cannot be made the basis for a prosecution for public or private + libel if it is kept within the limits of the privilege + accorded."--_Cyclopedia of American Government_, Vol. II, p. 675. + + "Through the right of petition the people have a means of informing + their lawmakers of their wishes and of guiding public opinion." + + "The rules of the national House of Representatives provide that + members having petitions to present may deliver them to the clerk + and the petition, except such as, in the judgment of the speaker, + are of an obscene or insulting character, shall be entered upon the + journal."--Emlin McClain, quoted in the _Cyclopedia of American + Government_, Vol. II, p. 675. + + 58 Constitution of the United States, Amendment II. + + "This right to keep and bear arms, although stated in connection + with the militia, is held broad enough to cover the keeping and + carrying of such weapons as are suitable for self-defense, or + defense of the home. But the keeping of unusual weapons, or the + carrying of unusual weapons in an unusual manner, as by having them + concealed on the person, may be prohibited."--Bouvier's _Law + Dictionary_, Vol. I, p. 165. + + "This amendment, like the other eight amendments to the Federal + Constitution, does not apply to the States, and a State may + legislate as it pleases regarding the carrying and using of arms. + Many states prevent the carrying of arms of any kind except with + legal permission given through the proper officer for stated + specific reasons." + + "The amendment means no more than that this right shall not be + infringed by Congress. Police protection of the people is left to + the States." + + 59 One of the grievances of the colonists stated in the Declaration of + Independence was the quartering of large bodies of armed troops in + the colonies, but the guaranty found in the Federal Constitution and + in many State Constitutions is that soldiers shall not in times of + peace be quartered upon private persons. This guaranty has respect + to the recognition of the right of every man not to be unwarrantably + disturbed or intruded upon in his home. "Every man's house is his + castle." + + 60 Constitution of the United States, Amendment IV. + + "One of the most serious grievances of the colonists was, the + assertion and exercise of a prerogative of the crown to issue + warrants for searching private premises in order to obtain evidence + of political offenses. This had been the subject of controversy in + England and was made the basis of a protest in Massachusetts by + James Otis against the Writs of Assistance which were in effect, + general warrants."--_Cyclopedia of American Government_, Vol. III, p. + 654. + + "The privilege contended for was that the privacy of the dwelling + house should not be invaded by public officers without the consent + of the owner save for the purpose of making an arrest, and then only + by an officer of the law--who carried a warrant giving him such + authority."--Emlin McClain, quoted in the _Cyclopedia of American + Government_, Vol. III, p. 654. + + The protection afforded by the constitutional provision is against + attempts made under the disguise of public process to pry into + private affairs on mere suspicion that a crime has been committed or + contemplated. + + The principle of this guaranty is being violated if the postal + authorities open sealed letters in the mail to discover whether + improper use of the mail is being made. It is also violated by + compelling the production of private papers of the defendant in a + criminal prosecution. + + A warrant is not always necessary to arrest an individual. For + example, a police officer does not need a warrant in order to arrest + a person who is violating a law in his presence, or a person whom he + has good reason to think has committed a felony.--_Cyclopedia of + American Government_, Vol. III, p. 655. + + 61 Constitution of the United States, Amendment V. + + "A _capital crime_ is such crime as the law declares punishable by + death penalty."--Bouvier's _Law Dictionary_, Vol I, p. 284. + + "An _infamous crime_ is such crime as the law declares punishable by + imprisonment in a state prison." + + A grand jury, or an indictment, or a presentment jury, or an inquest + jury, is a jury (differing as to numbers in different States) for + the purpose of investigating alleged crimes. If, upon investigation, + the jury believes the accused person has either committed the act or + has had a part in the crime, it will draw up a formal accusation in + writing. This accusation is called an indictment and is presented to + the court. In a few States a person may be brought to trial for + violation of a law of the State upon information filed by the + prosecuting attorney. + + A _petit jury_, or _trial jury_, is a jury of twelve men selected by + the court--according to a law determining the manner--to hear the + accusation against the person charged along with the evidence + submitted during the trial in court. After hearing the evidence and + receiving from the judge instructions concerning the law governing + the case, the jury will determine whether the accused person is + guilty or not. The Federal government, and most of the States, + require a unanimous verdict. If the jury disagrees they report such + to the court (the judge) and they are dismissed and the case may be + tried again with a different jury. + + "Constitutional guaranties of the right of trial for crime only on + indictment by a grand jury, imply a common law grand jury of whose + number at least twelve men concur in finding the indictment, but by + provision in state constitutions a smaller number of grand jurors + than required by common law and concurrence of a smaller number than + twelve in the finding of an indictment may be authorized." + + "A grand jury affords a safeguard against the unwarranted ignominy + of being put on public trial for an offense which there is no + reasonable ground to believe the accused has committed." + + "The grand jury is to investigate the cases of those who have been + arrested and held under preliminary information on oath by private + accusers; and it may also investigate cases of supposed crime of + which it has knowledge or to which its attention may be called by + the public prosecuting officer. Its proceedings are secret and its + members are sworn not to subsequently divulge them."--McClain's + _Constitutional Law_. + + 62 Constitution of the United States, Amendment V. + + "The rule of procedure generally recognized is that when an accused + person has been put on trial under a valid indictment in a court + having jurisdiction of the case, and a jury has been empaneled and + sworn to try the case and give a verdict, and a verdict of _not + guilty_ is given--the accused cannot be again put on trial for the + same crime, or any included crime for which he might have been + convicted in that prosecution."--_Cyclopedia of American Government_, + Vol. II, p. 251. + + "A verdict of not guilty is conclusive and the defendant must be + discharged. If however he is convicted, he may in some instances + appeal the case to a higher court for review and that is not being + again put in jeopardy."--Emlin McClain, quoted in the _Cyclopedia of + American Government_, Vol II, p. 251. + + "Jeopardy is complete when the court proceeds with a jury to + ascertain the defendant's guilt." + + "As the criminal jurisdiction of the Federal Court extends only to + offenses against the Federal laws, and no prosecution for such + offenses can be entertained in the state courts--it follows that + there can be no questions of former jeopardy as between a federal + and a state court."--_Cyclopedia of American Government_, Vol II, p. + 251. + + 63 Constitution of the United States, Amendment V. + + In our own early colonies persons were frequently tortured to compel + them to give evidence against themselves or against other people, + but at that time the colonies were still under British authority. + + An instance was recently reported of a man appearing before a + sheriff and confessing to the commission of five different murders + in as many different places in a western State. Upon investigation + it was found that murders had been committed in these places about + the time he confessed to having committed the crimes, so he was + arrested and held by the sheriff. Upon further investigation it was + discovered that he was mentally unbalanced and having read of all + these crimes he imagined he had committed them. He was released from + arrest and was committed to a hospital for the insane. In this + instance an innocent man might have been executed if his own + testimony had been sufficient to convict him. + + If a person confesses to having committed a crime and the facts as + stated are found to be correct, he may then be convicted of the + crime, but the conviction is made on the basis of the evidence + disclosed by his confession and not on the confession itself. Having + made a confession the officers may then from the facts told by the + accused find other facts sufficient to convict without offering the + confession in evidence. + + "A confession is not admissible in evidence where it is obtained by + temporal inducement, by threats, promise or hope of favor held out + to the party in respect of his escape from the charge against him, + by a person in authority."--Bouvier's _Law Dictionary_, Vol. I, p. + 387. + + "When an inducement destroys a confession it must be held out by a + person in authority." + + 64 Constitution of the United States, Amendment V. + + This is a part of the fifth amendment to the Federal Constitution, + and the fourteenth is an expansion of it, and assumes that the man + charged with the crime is innocent until proven guilty. The old + standard set in Europe was that a person charged with crime was + considered guilty until he was proven innocent. All citizens, + whether native or foreign born, have the protection of this + amendment.--Bouvier's _Law Dictionary_, Vol. I, p. 622. + + Previous to 1679 in England an accused person could be detained in + prison for months or even for years and had no recourse to the + courts, but might be thus detained in prison upon a mere charge + brought by some one jealous of him and without real reason. In that + year the people demanded that Parliament should give relief against + unjust or false imprisonment, and Parliament enacted the Habeas + Corpus Act. The provisions of this notable act require that a person + imprisoned may demand a preliminary hearing and learn the cause of + his being seized and imprisoned. Either he or his friends or + relatives could go before a judge of a court and demand a _writ of + habeas corpus_. Such writ was issued by a judge and directed to the + jailer or the person detaining the accused and he was compelled to + bring the accused person before the court and show legal reason why + that person should be detained. If no such cause or reason could be + given, the accused person must be set at liberty. The guaranty of + the right to a writ of habeas corpus under our Constitution is + considered hereafter. See page 144. + + _Due process of law_ may be defined as "according to the law of the + place in which the trial is held". It means in this instance that no + person may be deprived of life, liberty, or property without the + right of judicial trial. _Due process of law_ does not necessarily + mean _jury trial_. If a jury trial is the legally recognized method + of trying such case, then jury trial is _due process_, but if trial + without a jury is legally provided for when permitted by the + Constitution, in that instance, _due process_ does not require jury + trial. For cases in which the right of trial by jury is guaranteed + see pages 111, 125, and 160. + + "In a word, 'due process of law' to-day signifies 'reasonable law', + in which sense it bestows upon the courts, and especially upon the + Federal Courts, as final interpreter of the national constitution, a + practically undefined range of supervision over legislation both + state and national."--_Cyclopedia of American Government_, Vol. I, p. + 615. + + "Due process of law, is law in its regular course of administration + through courts of justice."--Story's _Commentaries_, Vol. III, pp. + 264, 661;--18 _Howard_ 272. + + "Any legal proceeding enforced by public authority, whether + sanctioned by age or custom, or newly devised in the discretion of + the legislative power, in furtherance of the general public good, + which regards and preserves these principles of liberty and + justice."--110 _U. S._ 516. + + "Due process of law in each particular case means, such an exercise + of the powers of government as the settled maxims of the law permit + and sanction, and under such safeguards for the protection of the + individual rights as those maxims prescribe for the class of cases + to which the one in question belongs."--Cooley's _Constitutional + Limitations_, p. 441. + + "This provision does not imply that all trials in state courts + affecting the property of persons must be by jury." This depends to + some extent upon the constitution of the respective states, except + as limited by the United States Constitution.--92 _U. S._ 90. + + 65 Constitution of the United States, Amendment V. + + Eminent domain means the right and authority of the government to + take private property for public purposes upon the payment of a just + compensation. + + "The superior right existing in a sovereign government by which + private property may in certain cases be taken or its use controlled + for the public benefit, without regard to the wishes of the + owner."--Bouvier's _Law Dictionary_, Vol. I, p. 657. + + "Eminent domain is said with more precision to be the right of the + nation or the state, or of those to whom the power has been lawfully + delegated, to condemn private property to public use, upon paying to + the owner a due compensation, to be ascertained according to + law."--Bouvier's _Law Dictionary_, Vol. I, p. 651. + + Just compensation is generally arrived at by those whose duty it is + to secure the land for the government, by offering a good fair price + for the land. If the owner of the land refuses to accept the offer, + the land may be seized by the proper authority and the matter + settled according to law. The law generally provides that a body of + appraisers be appointed who appraise the value of the land and this + amount is offered to the owner. If he refuses, the matter is carried + to the court for determination. A jury is summoned to assess the + value of the land and from this the owner may usually appeal, but + the government cannot appeal; it must pay the appraised valuation or + allow the owner to keep his property. It must be remembered that + private property may only be taken by the government for public + purposes. + + Some purposes for which the government may take private property + are: forts and arsenals, army posts, or public parks. It may take + food supplies for use of the army or navy in time of war. It may + take over the railroads for the benefit of the people of the Nation, + etc. In all cases it must give just compensation. + + 66 Constitution of the United States, Amendment VI. + + "A speedy trial is, it appears, one that is brought on without + unreasonable delay for preparation; and a public trial is not + necessarily one to which every one may obtain admission but one + sufficiently free and open to allow the friends of the accessed and + others to watch the proceedings."--Emlin McClain, quoted in the + _Cyclopedia of American Government_. + + "Criminal prosecution is the means adopted to bring a supposed + offender to justice and punishment by due course of law." + + "The speedy trial to which a person charged with crime is entitled + under the constitution is a trial at such a time, after the finding + of the indictment, as shall afford the prosecution a reasonable + opportunity, by the fair and honest exercise of reasonable + diligence, to prepare for trial, and if the trial is delayed or + postponed beyond such period, when there is a term of court at which + the trial might be had, by reason of neglect of the prosecution in + preparing for trial, such delay is a denial to the defendant of the + right of a speedy trial, and in such case a person confined, upon + application by _habeas corpus_, is entitled to a discharge from + custody."--Bouvier's _Law Dictionary_, Vol. II, p. 1023. + + Every jury is sworn to decide according to the evidence presented, + guided by instructions in the law given by the judge. Juries are + therefore held to be _impartial_. + + The entire United States is divided into judicial districts, of + which there are about ninety-two. These districts are found within + the States as judicial districts do not cut State boundaries. Where + the population is more sparse a Federal district comprises an entire + State. Where the population is more dense a State may contain two or + more districts. There are four United States District Court + districts in the State of New York, two in Iowa, and only one in + Nevada, and some other western States. + + Congress may by legislative act lay out Federal court districts. + These districts were first established in the Federal Judiciary Act + of 1789. As the population increases Congress may increase the + number of districts. + + 67 Constitution of the United States, Amendment VI. + + If one is not given a preliminary hearing shortly after his arrest, + the right to a writ of _habeas corpus_ (defined in another chapter), + gives the accused an opportunity to know the exact nature of the + charge against him and why he is held or detained in prison. Then he + is faced by his accusers in court and bears the charge against him. + In all criminal cases the accused is privileged to be present + throughout the entire trial, in fact he is required to be present + during the trial. + + In early England, and in many other European countries in early + times, the accused person was not even permitted to know the reason + for his imprisonment, and furthermore was tried in court and found + guilty without hearing the evidence or knowing who testified in + court. + + The right of trial upon indictment of a grand jury, and the + privilege of confronting one's accusers in court, having witnesses + in one's behalf, and having an attorney to defend one accused, is + not yet allowed in certain parts of Russia and perhaps other + countries in Europe and Asia. These privileges have been the + recognized right of all people in the United States since our + glorious Constitution was adopted and became the fundamental law of + our country in 1789. + + Teachers of civics in our schools ought to ask permission of the + judge to take their classes to visit a session of the court. The + judge is able to inform the teacher as to when certain cases of most + value to pupils and other persons are to be tried. The trial of + certain kinds of cases brings out many fundamental facts of rights + and duties of citizenship that boys and girls, as well as many adult + persons, ought to know. + + "The accused is of all men the most miserable, unless the law gives + him an equal chance to defend himself. Time was when the courts + could hear privately the witnesses against the prisoner, and then + call him into court to answer charges, which he never had heard of, + made upon the testimony of witnesses he never had seen, without any + legal means of compelling his own witnesses to come to court to + testify for him and without any lawyer to speak for him against the + trained counsel for the government. Many of these abuses had been + weeded out before the Constitution was adopted."--Bacon's _American + Plan of Government_, p. 272. + + "Almost all the reform needed to make criminal procedure humane and + just, has been incorporated into the constitutions and laws of the + states during the first era of independence; but the people of the + United States bad no such safeguards."--Bacon's _American Plan of + Government_, p. 273. + + "The charge to be answered by the defendant on trial in a criminal + court must be clear, explicit, and definite. The prosecution has no + right to compel the accused to show that he is a good member of + society."--_7 Peters Rep. 138._ + + 68 Constitution of the United States, Amendment VI. + + "In judicial procedure a witness is one who is duly called upon to + testify under oath as to matters within his knowledge. By rules of + procedure some persons are disqualified from testifying on account + of want of mental capacity as, for instance, idiots, insane persons, + and infants who have not attained the age of discretion. Others who + are qualified to testify may be of such character that their + testimony is not entitled to the weight which should be given to + some other witness. Furthermore, a witness may be so related to the + subject matter or to the parties as that in the particular case his + testimony should not be received, or should be received under + limitations as to its credibility and weight. And finally the + competency of testimony offered is regulated by rules of evidence + fixed by law." + + "Under constitutional guaranties of religious freedom, the religious + belief of a witness cannot be made a ground for his disqualification + to testify." + + "As to criminal prosecution, it is usually provided in state + constitutions as it is in the Fifth and Sixth Amendments to the + Federal Constitution that the accused shall not be compelled to be a + witness against himself and that he has a right to be confronted + with the witnesses against him and to have compulsory process for + obtaining witnesses in his favor. These are privileges which the + accused may waive."--Emlin McClain, quoted in _Cyclopedia of American + Government_, Vol. III, p. 693. + + 69 "Compulsory process is the means of compelling a witness to appear + before the court at the time of trial and, under oath, tell what he + knows about the matter under consideration."--Bouvier's _Law + Dictionary_, Vol. II, p. 766. + + A _subpoena_ is an order issued in a court and given to a sheriff or + other executive officer, to be served upon or read to a witness, + compelling him to appear before the court at the time stated. He + must lay aside all pretenses and excuses, and appear before the + court or the magistrate at the time and place named in the subpoena, + under a penalty therein cited for failure to appear. His failure to + obey the order of the court, or subpoena, is known as _contempt_. + Contempt is punishable in Federal courts, and in most States by the + order of the judge, and is not subject to jury trial. (Oklahoma is + an exception.) + + 70 "At common law a prisoner was not allowed counsel. In England this + right was not granted in all cases before 1836."--_Cyclopedia of + American Government_, Vol. I, p. 487. + + The United States was the earliest of nations to not only permit + every person accused of crime and tried before a court to have + counsel, but to furnish counsel for every person who was not himself + able to get counsel or able to pay for counsel. + + 71 Constitution of the United States, Amendment VII. + + "Common Law is that system of law or form of the science of + jurisprudence which has prevailed in England and in the United + States, in contradistinction from other great systems, such as Roman + or civil law."--Bouvier's _Law Dictionary_, Vol. I, p. 370. + + "Common law is used to distinguish the body of rules and of remedies + administered by courts of law, technically so called, in + contradistinction to those of equity administered by courts of + chancery, and to the canon law, administered by ecclesiastical + courts."--Bouvier's _Law Dictionary_, Vol. I, p. 370. + + 72 Constitution of the United States, Amendment VII. + + "A jury is a body of men sworn to declare the facts of a case as + they are proven from the evidence placed before them."--Bouvier's + _Law Dictionary_. + + The definition of a jury explains why the facts of a case are not + open for re-examination after being declared by a jury. It is + because a jury meets in a court in the place where the offense has + been committed, and is therefore better able to know the whole + truth, and to determine what the facts really are than would be + possible for any other body of men who did not have such means of + knowing. A higher court in reviewing a case on an appeal cannot + usually go behind the facts as declared by a jury. + + 73 In ordinary instances arrests may be made only by officers of the + law upon warrants issued by a magistrate. Any officer may, however, + upon his own cognizance of a crime being committed, arrest the + person or persons without warrant. If such authority were not given + to officers of the law, many persons violating law would be able to + escape before a warrant could be issued. Furthermore, under the laws + of some States, any person who sees a crime committed is legally + required to pursue and arrest the offending person and may himself + be punished if he refuses to act. Sheriffs and other officers of the + peace may call upon and require other persons to assist in the + pursuit and capture of fleeing criminals. + + 74 Constitution of the United States, Amendment VIII. + + In criminal actions the matter of bail is determined by statute. + Bail is often denied to those accused of committing serious crimes. + + The term _bail_ is used to designate a person who becomes a surety + for the appearance of the defendant in court at the time called for. + But in modern usage the term _bail_ means the amount of money + pledged by another person for the appearance of the defendant. If + the defendant fails to appear the person going his bail must pay the + stipulated amount into the court. The payment of the bail does not, + however, relieve the delinquent defendant of further punishment. He + may be again seized and punished as according to the charge, and + furthermore may be given additional punishment for "jumping" his + bail. + + "The defendant usually binds himself as principal with two sureties; + but sometimes the bail alone binds himself as principal, and + sometimes one surety is accepted by the sheriff. The bail bond may + be said to stand in the place of the defendant as far as the sheriff + is concerned, and if properly taken, furnishes the sheriff a + complete answer to the requirement of the writ, requiring him to + take and produce the body of the defendant."--Bouvier's _Law + Dictionary_, Vol. I, p. 211. + + 75 United States Constitution, Amendment VIII. + + "The amount of fine is frequently left to the discretion of the + court, who ought to proportion the fine to the offense."--Cooley's + _Constitutional Limitations_, p. 377. + + "The object of punishment is to reform the offender, to deter him + and others from committing like offenses, and to protect society." + "A state may provide a severer punishment for a second than for a + first offense providing it is dealt out to all alike."--159 _U. S._ + 673. + + "Punishments are cruel when they involve torture or a lingering + death; but the punishment of death is not cruel, within the meaning + of that word as used in the Constitution."--136_U. S._ 436. + + A warden of a State penitentiary was recently found guilty of + inflicting cruel punishment because he punished a convict by + suspending his body from chains placed around his wrists. + + The British Museum contains several machines of torture used to + punish criminals in early days. One is a machine in the form of a + hollow case fitting a human form. This case is filled with sharp + spikes driven through from the outside. The machine was so + constructed that when a victim was placed inside, the sides could be + gradually turned up to fit the body and press these spikes into the + body of the victim so as to produce death. + + Another machine is constructed much as a cross in form of the letter + X. The victim was fastened in such manner as to bind his wrists and + ankles to the ends of the bars. A horse was then hitched to either + his arms or legs and they were torn from the body. + + Many States in the United States have now adopted electrocution as + the means of inflicting the death penalty because it is believed to + be the most humane way. + + 76 Constitution of the United States, Amendment XIII, Sec. 1. + + This amendment was submitted to the States by resolution of Congress + in 1865 and by proclamation of the President of December 18th of + that year was declared to have received the approval of the + requisite number of States. + + So far as the abolition of slavery is involved there has been no + question as to the effect of the amendment, but as to what + constitutes involuntary servitude important questions have arisen. + While the primary object of the amendment was to free the colored + race, the general purpose was to render impossible the existence + within the jurisdiction of the United States of any legal or social + institution imposing involuntary labor on any class of persons. The + introduction here of the peonage system prevalent in Mexico, the + coolie system of China, or the padrone system of Italy fall within + the prohibition. + + The amendment permits imprisonment and also involuntary servitude as + a penalty for failure to pay a fine imposed as a punishment. + Moreover the services of persons imprisoned for crime belong to the + State and may be leased, subject of course to humanitarian + regulations as to the method in which such services may be employed. + + Under the enforcement clause Congress has legislated against + peonage, that is, a condition of enforced servitude by which the + servitor is restrained of his liberty and compelled to labor in + liquidation of some contract, debt, or obligation. But without such + legislation, State statutes imposing imprisonment or servitude for + non-performance of contractual obligations are invalid as in + conflict with the provisions of the amendment.--Emlin McClain, in the + _Cyclopedia of American Government_, Vol. III, p. 536. + + In the early days many of the American colonies permitted + imprisonment for debt, and one of the greatest patriots and + philanthropists of colonial times, Robert Morris, was imprisoned for + debt by the State of Pennsylvania. + + 77 James Bryce has written of our government: "The American Union is + ... a state which, while one, is nevertheless composed of other + states even more essential to its existence than it is to theirs." + + 78 Constitution of the United States, Amendment XIV. Sec. 1. + + A person may attain to citizenship in the United States in any of + seven different ways: 1. By birth--i.e. natural born. 2. By + naturalization, which usually requires continuous residence for five + years. 3. By treaty regulation. 4. By statute of Congress. 3. By + annexation of territory. 6. By marriage--if a foreign woman marries + an American citizen. 7. By honorable discharge from the army or + navy, upon which the court admits to citizenship regardless of the + time of residence in the United States. + + In the United States we recognize a dual citizenship--citizenship in + the United States, and citizenship in a State. Any person who is a + citizen of the United States is also a citizen of the State wherein + he or she resides. Nine different States grant the right of suffrage + and State citizenship to such foreigners as take out their first + naturalization papers. These States are Alabama, Arkansas, Indiana, + Kansas, Missouri, Nebraska, Oregon, South Dakota, and Texas. + + Citizenship must not be confused with the right of suffrage. Neither + one necessarily includes the other. All citizens cannot + vote--children for example. All voters are not necessarily citizens, + those in the above nine States for example. + + Aliens in the United States have practically all the civil rights + that are enjoyed by citizens, but they do not have political rights. + An alien may purchase, own, and convey property. He may sue and be + sued in the courts. + + "There can be no doubt that the minimum expectation of the framers + of this amendment to the Constitution was that it would make the + first eight amendments to the Constitution binding upon the states, + as they already were upon the Federal Government, and that it should + be susceptible not only of negative enforcement by the courts but + also of direct positive enforcement by Congress."--_Cyclopedia of + American Government_, Vol. II, p. 41. + + 79 Constitution of the United States, Amendment XV. + + 80 "By a series of decisions the most important of which were those in + the Slaughter House cases (16 Wallace 36) and in the Civil Rights + Cases (109 U.S. 3) the United States Supreme Court established the + following principles: (1) that the prohibitions of the fourteenth + amendment are addressed to the states as such and not to private + individuals; (2) that these prohibitions contemplate only positive + state acts and not acts of omission; (3) that the amendment + recognizes a distinction between state citizenship and United States + citizenship; (4) that it protects from state abridgement only 'the + privileges and immunities' which the Constitution by its other + provisions bestows upon 'citizens of the United States' as + such."--_Cyclopedia of American Government_, Vol. II, p. 41. + + The nineteenth amendment which is now ratified by the States, + provides that "the right of citizens of the United States to vote + shall not be denied or abridged by the United States or by any State + on account of sex."--Constitution of the United States, Amendment + XIX. + + 81 "The good citizen must in the first place, recognize what he owes + his fellow citizens. If he is worthy to live in a free republic he + must keep before his eyes his duty to the nation of which he forms a + part. He must keep himself informed, and he must think of himself as + well as of the great questions of the day; and he must know how to + express his thoughts."--Theodore Roosevelt. + + 82 In receiving applications for the many appointments which it was his + duty to make, President Taylor said: "I shall make honesty, capacity + and fidelity indispensable requisites to the bestowal of office; and + the absence of any one of these qualities shall be deemed sufficient + cause for removal." + + 83 "The American Constitution is the most wonderful work ever struck + off at a given moment by the brain and purpose of man."--William E. + Gladstone. + + "It will be the wonder and admiration of all future generations and + the model of all future constitutions."--William Pitt. + + "Our fathers by an almost divine prescience, struck the golden + mean," when they made the Constitution.--Pomeroy. + + "It (The U. S. Constitution) ranks above every other written + constitution for the intrinsic excellence of its scheme, its + adaptation to the circumstances of the people, the simplicity, + brevity and precision of its language, its judicious mixture of + definition in principle with elasticity in details."--James Bryce. + + 84 "This is the most famous writ in the law; and, having for many + centuries been employed to remove illegal restraint upon personal + liberty, no matter by what power imposed, it is often called the + great writ of liberty."--Bouvier's _Law Dictionary_, Vol. I, p. 917. + + 85 In 1861 Chief Justice Taney decided in the United States Circuit + Court of Maryland that Congress alone possessed the power under the + Constitution to suspend the writ.--_American Law Register_, 524. + + The privilege of the writ is, however, necessarily suspended + whenever martial law is declared in force; for martial law suspends + all civil process. + + "As a recognized legal remedy, resort to the proceeding by habeas + corpus may be had where a person is imprisoned under pretended legal + authority which in fact for any reason is absolutely void, as where + the warrant of arrest or commitment is insufficient or the + proceeding under which the warrant was issued was without legal + authority." + + "A state court or judge cannot inquire by habeas corpus into the + validity of arrest or detention of a person under federal authority. + The right to redress in such cases, if any, must be sought in the + Federal courts. But on the other hand Federal courts and judges may + inquire into the cause of the restraint of liberty of any person by + a state when the justification of Federal authority or immunity is + set up for the act complained of."--_Cyclopedia of American + Government_, Vol. II, p. 106. + + 86 Constitution of the United States, Art. I, Sec. 9, Cl. 3. + + "The effect of attainder upon a felon is, in general terms, that all + his estate, real and personal, is forfeited; that his blood is + corrupted, and so nothing passes by inheritance to, from or through + him." + + "In the United States the doctrine of attainder is now scarcely + known, although during and shortly after the Revolution acts of + attainder were passed by several of the states. The passage of such + bills is expressly forbidden by the Constitution."--Bouvier's _Law + Dictionary_, Vol. I, p. 190. + + "A bill of attainder, as thought of in the United States to-day, + would be such law as permitted a person charged with the commission + of a crime, to be tried and found guilty and sentenced without being + present at the trial." It is one of the rules of procedure in court + to-day that in all criminal cases the person charged with crime must + be present during the entire trial. Another fundamental judicial + fact is that all criminal punishment terminates with the death of + the person found guilty; his children are exempt. + + 87 "An ex-post-facto law is a law which in its operation makes an act + criminal which was not criminal at the time the act was committed, + or provides a more severe punishment for criminal acts already + committed, or changes the rules of procedure so as to make it more + difficult for one accused of crime to defend in a prosecution of + such crime." "The prohibition relates to retroactive criminal + statutes providing a punishment for an act previously committed or + increasing the punishment making it more difficult for the accused + to defend, but not to retroactive laws, even though criminal, which + mitigate the punishment or merely change or regulate the procedure + without imposing any additional substantial burden on the accused in + making his defense."--_Cyclopedia of American Government_, Vol. I, p. + 700. + + We should keep in mind that both "bills of attainder" and "ex post + facto" laws have only to do with crimes and their punishment. These + laws do not relate to civil matters. + + 88 Constitution of the United States, Art. I, Sec. 8. + + Titles of nobility as recognized in many European countries include + the following: duke, earl, marquis, viscount, and baron. These + titles were in part hereditary and in part acquired. They always + conferred special privileges both in rank and in political + preferment. Such titles cannot exist in a democracy because they in + their very nature destroy equality before the law, and that is the + fundamental principle of democratic government. + + "The provisions prohibiting the granting of titles of nobility are + designed, no doubt, first to preserve equality before the law, and + second, to secure in perpetuity a republican form of government. + Such provisions are not essential to theoretical equality before the + law, for such equality is fundamental in the law of England + notwithstanding the existence of titles of nobility. But the framers + of the Constitution evidently contemplated a form of government in + which there should be no special privileges conferred by rank or + title. The additional provision in the Federal Constitution + prohibiting the acceptance by any person holding any office of + profit or trust under the United States of any present, emolument, + office or title from any foreign sovereign or power without the + consent of Congress, was probably intended to prevent the exercise + of foreign influence in governmental affairs. These articles in the + Constitution are substantially borrowed from the Articles of + Confederation."--Emlin McClain, quoted in the _Cyclopedia of American + Government_, Vol. II, p. 58. + + 89 Constitution of the United States, Art. III, Sec. 3, Cl. 1. + + Treason is defined in this article of the Constitution and therefore + Congress cannot define it in any other manner. Many people use the + word "treason" very loosely. They often speak of a person committing + treason when the act committed is not treasonable at all, but is + some less severe crime. Treason consists only in levying war against + the United States or in giving aid or comfort to enemies of the + United States. + + The meaning of "two witnesses to the same overt act" is that the + Constitution requires that two persons will appear in court and + swear to the fact that they personally saw the act committed. "Overt + act" means "openly committed act". Chief Justice John Marshall knew + that in the trial of Aaron Burr it would be impossible to get two + persons to swear to having seen Burr commit the conspiracy, so he + took advantage of the technicality in the indictment and threw the + case out of court. This trial was held at Richmond, Virginia. + + "Confession in open court" is about the only instance in which such + confession will convict a person charged with committing a crime. As + a rule a person's own confession will not be accepted as evidence + against him, in criminal prosecutions, because few confessions are + made without some threat or inducement and under the guaranty (p. + 99) that a person cannot be compelled to be a witness against + himself they are excluded. + + 90 Constitution of the United States, Art. III, Sec. 2, Cl. 3. + + Impeachment is the manner of trial fixed by the Constitution for the + trial and removal of Federal officers who are accused of treason, + bribery, and other high crimes and misdemeanors. Congress alone has + the power of conducting an impeachment of Federal officers. The + legislature of a State has the power of impeaching State officers. + Impeachment, as the word is commonly used, includes both accusation + and trial. The "Impeachment" or accusation is brought by a + two-thirds vote of the lower house, and the trial and conviction or + acquittal is carried on by the upper house. Andrew Johnson, + President of the United States, was impeached--i.e. he was formally + accused, but he was acquitted in his trial in the Senate. Conviction + in an impeachment proceeding causes an officer to be removed from + office and disqualified from ever holding any office of honor or + trust under the government again. A person may be convicted and not + given the full penalty. He may be only removed from office, but not + disqualified from again holding office. + + It is possible that a crime may be committed on a river that forms + State boundaries. Where a river forms a boundary the middle of the + main channel is made the boundary line. It is often difficult to + determine on which side of the line the crime was committed, and + both States may then claim to have jurisdiction over the case. This + must be decided as any other fact in the case. + + The manner of the trial in use, before jury trial was established, + was by ordeal or by battle. In trial either by ordeal or by battle + the issue was left to God to decide and He was thought to perform a + miracle to reveal the guilt or innocence of the accused person. One + form of ordeal was to compel the accused to plunge his arm into + boiling water and if innocent the Lord would protect him from being + scalded. Another form of ordeal was to compel the accused to walk + barefoot over hot plow shares. If innocent the Lord would again + protect his feet from being burned. + + The first form of jury to displace the old ordeal or battle as a + means of deciding guilt or innocence was the "compurgators" or "oath + bearers". They comprised a group of men who would appear before the + court and give oath that the accused was not a bad man and had + committed no crime. They did not investigate the accusation, they + only testified to the good character of the accused. If a man + accused could not produce compurgators, he must undergo the ordeal. + The duty of these oath bearers gradually became more extended until + they became investigators, and finally became a grand jury. + + 91 Constitution of the United States, Art. IV, Sec. 2, Cl. 1. + + "The right of a citizen of one state to pass through, or to reside + in, any other state, for purposes of trade, agriculture, + professional pursuits, or otherwise; to claim the benefit of habeas + corpus; to institute and maintain actions of any kind in the courts + of the state; to take, hold and dispose of property, either real or + personal; and an exemption from higher taxes or impositions than are + paid by the other citizens of the state; may be mentioned as some of + the particular privileges and immunities of citizens, which are + clearly embraced by the description"--Corfield vs. Coryell, + _Washington C. C. Rep. 380_. + + 92 Constitution of the United States, Art. 6, Cl. 3. + + While no religious test of any kind may ever be required from any + officer of the United States as a condition of his being elected, or + holding office, public sentiment nevertheless favors Christian + character among the people. If a candidate for office were an + atheist and made public confession as to his lack of belief in God, + it would doubtless mitigate against his election. + + "The general principle of equality of all persons before the law + excludes discriminations made on account of religions belief, with + the result that religious tests should not be made the basis of + political rights or for determining qualifications for office or in + general for the possession, exercise, or protection of civil + rights."--Emlin McClain, quoted in the _Cyclopedia of American + Government_, Vol. III, p. 176. + + "This clause was introduced for the double purpose of satisfying the + scruples of many persons who feel an invincible repugnance to any + religious test or affirmation, and to cut off forever every pretence + of any alliance between church and state in the national + government"--Story's Const. Sc. 1841. + + 93 A glance at the motives of Europeans in coming to America will + reveal the fact that thousands of the best people of European + countries left their homes to escape either religious or political + persecution at the hands of the government or the king. Such was + true of the Huguenots of France, the Pilgrims and Puritans of + England, and only recently, the Jews of Russia. + + The laws of "attainder" in England in the early times confiscated + the property of persons, however innocent they themselves might be, + if they were near relatives of other persons who had committed grave + crimes. + + Before the passage of the Habeas Corpus Act of 1679 in England, any + person of royalty or high official standing in the government could + falsely accuse another person of crime and cause that innocent + person to languish in prison for years, or even for life, because he + could not get before a court of justice to establish his innocence. + + In many European countries the peasants were burdened with taxes to + support kings and courts without the slightest representation in the + tax levying authority. In France, just preceding the French + Revolution, the peasants were obliged to purchase a certain number + of barrels of salt each year, without having the slightest use for + the salt, because the crown lands produced salt and the revenues + went to the king. + + In many European countries a state church was established and the + people obliged to support it by taxes levied against their property, + regardless of whether it represented their religious beliefs. + + 94 A comparison of the provisions of the Declaration of Independence + with those of the Constitution will show the wrongs of the English + king righted by the Constitution. + + Declaration of Independence.--"He has refused assent to laws the most + wholesome and necessary for the public good." + + Constitution of the United States.--A bill if vetoed by the President + may be repassed by two-thirds of the senate and house of + representatives. + + Declaration of Independence.--"He has forbidden his governors to pass + laws of immediate and pressing importance." + + Constitution of the United States.--Congress shall have the power to + lay and collect taxes, duties, etc. (See Const. Art. I, §. 8.) + + Declaration of Independence.--"He has dissolved representative houses + repeatedly, for opposing with manly firmness, his invasions on the + rights of the people." + + Constitution of the United States.--Congress shall meet at the seat + of government--once each year. + + Declaration of Independence.--"He has refused, for a long time after + dissolution, to cause others to be elected." + + Constitution of the United States.--The time, place and manner of + holding elections for Senators and Representatives, shall be + prescribed in each State by the legislature thereof. + + Declaration of Independence.--"He has obstructed the administration + of justice." + + Constitution of the United States.--Jurisdiction of Courts fixed by + Constitution. Judges not responsible to the President, but to + Congress, which represents the people. + + Declaration of Independence.--"He has made judges dependent on his + will alone." + + Constitution of United States.--Judges subject to removal only by + impeachment by Congress. + + Declaration of Independence.--"He has kept standing armies ... + without consent of the legislature." + + Constitution of the United States.--"Congress shall have power to + raise and support armies." "To provide and maintain a navy." + + Declaration of Independence.--"For transporting us beyond seas to be + tried for pretended offenses." + + Constitution of the United States.--"Such trial shall be held in the + state where said crime shall have been committed." + + Declaration of Independence.--"For depriving us, in many cases, of + the right of trial by jury." + + Constitution of the United States.--"The trial of all crimes, except + in case of impeachment, shall be by jury." + + Declaration of Independence.--"For quartering large bodies of armed + troops among us." + + Constitution of the United States.--"No soldier shall in time of + peace, be quartered in any house without the consent of the owner." + + Declaration of Independence.--"For imposing taxes on us without our + consent." + + Constitution of the United States.--"Congress shall have power to + levy and collect taxes." + + 95 On December 2, 1917, in New York City, in a meeting of men who + called themselves Bolshevists and I. W. W.'s, the following + paragraph was an introduction to a set of resolutions drawn up: "We + are the Bolshevists of America. We denounce governments, + institutions and society; we hail social revolution and the + destruction of the existing order of things." + + In the preamble to the Constitution of the Independent Workers of + the World (I. W. W.) we find this statement: "The working class and + the employing class have nothing in common. Between these two + classes the struggle must go on, until the workmen of the world + organize as a class, take possession of the earth and the machinery + of production, and abolish the wage system. Our motto is--_The + abolition of the wage system._" + + How foolish is the above statement that the working class and the + employing class have nothing in common. The truth of the matter is + that they have everything in common. Every employer--almost without + exception--was once a workman. He was a successful workman, therefore + he became more than a workman--he became an employer. Furthermore, + workmen cannot exist without employment. Neither can employers exist + without the workmen. They are not only each concerned in the welfare + of the other; neither can exist without the other. + + The following is another passage taken from the resolutions drawn up + by the Bolshevists in which they say the general strike is their + weapon of defense: "We will strike for a six hour day, then for a + four hour day, then for a two hour day, with increased wages all the + time, and then we will be strong enough to take everything and work + no more." + + We wonder how any sensible man can believe such logic as this. Was + it not Saint Paul who said that if any man would not work neither + should he eat. + + The Socialist party platform of 1912 declared in favor of the + abolition of the United States Senate, the amendment of the + Constitution of the United States by a majority vote of the people, + the election of judges for short terms of office, the denial of the + right of the U. S. Supreme Court to declare the acts of Congress + void. + + 96 Article V of the Constitution of the United States provides for the + amendment of that fundamental law of the country. It says amendments + may be proposed by a bill for amendment being introduced into either + house of Congress and passing each house by a two-thirds vote, or + secondly, by the State legislatures of two-thirds of the States + demanding that Congress call a national convention in which + amendments may be proposed. If these proposed amendments are + ratified by the legislatures of three-fourths of the States or by + conventions called in three-fourths of the States, they become an + integral part of the Constitution. + + 97 Some of this good legislation includes: Child Labor Laws; Workmen's + Compensation Laws; Industrial Insurance for Workingmen; Compulsory + Education; Pure Food Laws; Better Sanitary Conditions in Factories; + Safety Appliances; Free Medical Inspection for School Children; and + Care of the Poor. + + 98 If you read carefully the fifth article of the Constitution of the + United States, you will learn that the Constitution may be amended + either by the people's representatives who sit in Congress, and in + State legislatures, or by the legislatures of the States demanding + that a National convention shall be called in which the people may + choose the members Which ever method of amending the Constitution is + used, it is the people who exercise the power of changing the + Constitution. + + 99 Every teacher in every public school ought to feel in duty bound to + teach the fundamental principles of the Constitution to all the + children in the school. A recitation period ought to be set aside + each day for the study of civics of the community, of the locality, + of the State, and of the United States. Every pupil in every public + school ought to feel proud of the opportunity to learn how his + government is made and how his government works, how he may become a + helpful citizen by being an intelligent voter when he comes to be a + man. Adult people ought to organize civic clubs in the community for + the discussion and study of questions of government and politics. + + 100 The following suggestions have been made by good, honest people who + have their country's welfare at heart. Thus far the people as a + whole have not advocated their adoption, but some of them may be + made part of the Constitution in time to come. + + a. The direct popular election of President and Vice President of + the United States. + + b. The adoption of the initiative, referendum, and recall in the + National government. + + c. Federal legislation governing both marriage and divorce + throughout the Nation. + + d. Federal jurisdiction over all cases affecting foreigners--for + example in instances like the Italian riot in New Orleans, or in the + Japanese problem on the Pacific coast. + + 101 The following is a brief outline of the various attempts at union + among the colonies. + + (a) 1643-1684--New England Confederation: Massachusetts Bay; + Plymouth; Connecticut; New Haven. + (b) 1684--Albany Council. + (c) 1690--First Colonial Congress. + (d) 1696--William Penn's Plan. + (e) 1701--Robert Livingston's Plan. + (f) 1722--Plan of Daniel Cox. + (g) 1754--Plan of Rev. Mr. Peters. + (h) 1754--Plan of the Lords of Trade. + (i) 1754--Albany Plan. + (j) 1765--Stamp Act Congress. + (k) 1774--First Continental Congress. + (l) 1775--Second Continental Congress. + (m) 1781--Congress of the Confederation. + (n) 1787--The Federal Convention. + (o) 1789--The New Government. + + The chief reasons keeping the colonies apart were: + + 1. Natural geographical divisions--North, Middle, and South. + 2. The great differences in size--Virginia many times larger than + Rhode Island. + 3. The instinct of local self government. + 4. Character of settlers and the motives in making settlements. + 5. The slave question, especially after 1750. + 6. Their different forms of government--Royal, Proprietary, Charter. + + The very first attempt at constitution making in the colonies was + the Mayflower Compact, adopted on board the ship Mayflower before + landing on December 20, 1620. It reads as follows: "We, whose names + are underwritten, the loyal subjects of our dred soveraigne King + James, by the grace of God, of Great Britain, France and Ireland + King, defender of the faith, etc. having undertaken, for the glory + of God, and advancement of Christian faith and honor of our king and + country, a voyage to plant the first colony in northern parts of + Virginia, do, by these presents, solemnly and mutually, in the + presence of God, and of one another, covenant and combine ourselves + together into a civil body politic, for, our better ordering and + preservation and furtherance of the ends aforesaid; and, by virtue + hereof, to enact, constitute, and frame, such just and equal laws, + ordinances, acts, constitutions and offices, from time to time, as + shall be thought most meet and convenient for the general good of + the colony. Unto which we promise all due submission and obedience. + In witness whereof we have hereunder subscribed our names, at Cape + Cod, the 11th of November, in the year of the reign of our sovereign + lord, King James, of England, France and Ireland the eighteenth, and + of Scotland the fifty-fourth, Anno Domini." + + The first real attempt at formal constitution making was the + "Fundamental Orders of Connecticut", 1639. These "Orders" formed an + elementary constitution with three departments of government and the + duties and powers of each department fairly well set forth. The + Fundamental Orders are frequently referred to as the first written + constitution in America. + + The Articles of Confederation were made by the _thirteen States_ in + the name of the _States_. The Constitution was made by the + _delegates of the people_ in the name of the _people of the United + States_. The first was a _compact_ or friendly agreement; the second + was a _contract_ or binding union. + + 102 Great modifications have been made in nearly all of the State + Constitutions, an excellent analysis of which may be found in + Bryce's _American Commonwealth_ (Third Edition), Vol. I, p. 443. + + 103 Since the alliance of the original thirteen States, thirty-five have + been admitted into the Union by acts of Congress either directing + the people to select delegates and enact a Constitution or accepting + a Constitution already made by the people. An illustration of the + former method of procedure is offered in 25 U. S. St. at L. 676 c + 180, providing for the admission of North Dakota, South Dakota, + Montana, and Washington into the Union, and of the latter in 26 U. + S. St. at L. 215 c 656; 222 c 664, providing for the admission of + Idaho and Wyoming. "Of these instruments (State Constitutions), + therefore, no less than of the Constitutions of the thirteen + original States, we may say that although subsequent in date to the + Federal Constitution, they are, so far as each state is concerned de + jure prior to it. Their authority over their own citizens is nowise + derived from it."--Bryce's _American Commonwealth_ (Third Edition), + Vol. I, p. 431. + + 104 "A constitution is an instrument of government, made and adopted by + the people for practical purposes, connected with the common + business and wants of human life. For this reason pre-eminently + every word in it should be expounded in its plain, obvious and + common sense."--Per Allen J., in Peo v. New York, Cent. R. Co., 24 N. + Y. 485, 486. + + 105 Legislatures cannot change Constitutions. "I consider the people of + this country as the only sovereign power. I consider the legislature + as not sovereign, but subordinate; they are subordinate to the great + constitutional charter, which the people have established as a + fundamental law and which alone has given existence and authority to + the legislature."--Per Roane, J. in Kanper v. Hawkins, 1 _Va. Cas._ + 20, 86. + + 106 "Some of the state constitutions provide for periodically submitting + to the voters the question whether a convention shall be called to + revise and amend the constitution. Regardless of whether or not + provision is made for periodical resubmission of the question of + calling a convention, the constitutions usually provide that the + legislature may, of its own volition, submit to a vote of the people + the question whether a convention shall be called, and subject to + any existing constitutional limitations, may prescribe the time and + manner of electing delegates to such convention." + + 107 Teachers and school officers can perform no higher duty, can render + no greater service to America, than to encourage the use of school + buildings for public gatherings. They should be real community + centers. In the city of Minneapolis, the Superintendent of Schools + has recently reported that for the year ending July 1st, 1920, there + were 5070 meetings held in the public school buildings, with a total + attendance of 325,734 persons. There were 1434 cultural meetings, + 751 civic sessions, 2501 recreative gatherings, and 334 social + festivals. Rural consolidated school buildings ought always be + planned for civic centers as well as school-houses. They ought to + provide a large assembly hall where community gatherings may be + held. They ought to provide a large and well equipped gymnasium + where both children and adults may enjoy athletic contests and + indoor games. These buildings ought to be open to the people every + evening during the week if the attendance warrants. + + 108 One mark of good citizenship is the respect shown to emblems of + authority. All good citizens rise to their feet and remain standing + during the playing or singing of the National anthem. We ought to + cultivate such habits until they become reflex: i. e. until we do + them as a matter of course without being told by the teacher in + school or by the leader of the choir or some other person. + + Every school boy and girl ought to commit to memory the words of the + Star Spangled Banner and of America. The teacher can make the + singing of patriotic songs and the learning of patriotic poems and + speeches a part of the opening exercises of the school. Poems and + speeches learned in childhood will generally remain with us + throughout life. + + 109 Radicalism of thought and action can generally be traced to the + segregation of the people into small groups where the individual is + alone in his thinking. Association and cooperation tend to break up + individualism. Where men and women come together in thought and + consideration, there is always developed a tendency toward + moderation. Our present day complex society demands that every + individual yield something for the good of the whole community. The + yielding process is a moderating process. Anarchy stands for the + division of society into individuals where each individual becomes + selfish and dominating over others around him. Loyalty to the Nation + and the State requires that the individual shall cooeperate with his + neighbor and that he shall work in harmony with other people in the + community. If people would more often assemble and discuss the needs + of the entire community and how each may help to make the entire + community better, we would have less of class distinction and more + of social harmony and of economic prosperity. + + 110 Republican government is government by the people through their + chosen representatives. Republican government can only be good + government and effective government, when every qualified voter will + assume his full duty in helping carry on the government. This duty + is exercised through the casting of an intelligent ballot on + election day. In the presidential election of 1908 the percentage of + qualified voters actually voting ranged from 15.8 per cent to 88.1 + per cent, the average for all States being 60.5 per cent. + + 111 In colonial times in America there was nothing like universal + manhood suffrage. One-half of all the colonies required church + membership for a suffrage right. By about 1700 all colonies required + ownership of property for voting. This was not entirely abolished + until about 1850. The State of Rhode Island still requires property + to the extent of $134 for voting in municipal elections. + + The colony of Virginia required the holding of a freehold of fifty + acres of land without a house, or twenty-five seres of land with a + house at least twelve feet square. Pennsylvania required a freehold + of fifty acres with twelve acres improved. + + In most colonies a greater property qualification was required for + voting for members of the upper house of the legislature than for + members of the lower house. + + Several colonies and early States limited office holding to + Protestants. + + The Constitution of the United States now declares that no State + shall deny to any person the right to vote because of _race_, + _color_, or _previous condition of servitude_, or _because of sex_. + The Nineteenth Amendment enables women to vote on an equality with + men. + + A State may add further qualifications for voting, but no State may + deny the right to vote for any of the above reasons. Several States + have added literacy tests for voting, and others have denied the + right to vote to such as are insane or who have been convicted of + crime, unless pardoned by the Governor. A few States deny suffrage + to those whose taxes are delinquent. + + 112 The following countries of the world have equal suffrage: New + Zealand, 1893; South Australia, 1895; West Australia, 1900; The + Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904; + Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913; + Norway, 1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark, + 1915; England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919; + Luxemburg, 1919; Germany, 1919; Austria, 1919. In no other country + in the world is the right of suffrage more fully granted than in the + United States since the adoption of the Nineteenth Amendment. + + 113 "Any government is free to the people under it (whatever be the + frame) where the laws rule and the people are a party to those + laws."--William Penn. + + 114 "It is, Sir, the people's Constitution, the people's government, + made for the people, made by the people and answerable to the + people."--Daniel Webster. + + 115 "In truth success cannot be expected from any system of government + unless the individuals who compose the State entertain the respect + for the personal rights and liberties of all."--David Jayne Hill. + + 116 "We cannot, we must not, we dare not, omit to do that which, in our + judgment, the safety of the Union requires."--Daniel Webster. + + 117 "Americanization always implies obligation; free choice determines + its acceptance, and its extension must come through avenues of + intelligent comprehension rather than through physical or + governmental domination."--Winthrop Talbot. + + 118 "The fundamental evil in this country is the lack of sufficiently + general appreciation of the responsibility of citizenship."--Theodore + Roosevelt. + + Teachers of children may well place greater emphasis on _ideals_, + _character_, and _personality_ as factors in the making of a Nation. + Teachers ought to lay greater stress on biography in the teaching of + history, civics, and citizenship. Teach children both to know and to + love Washington, Lincoln, and Roosevelt. Teach older pupils and + students to realize that the aims, ideals, and achievements of a + Nation can never be higher than the aims, ideals, and achievements + of the individuals comprising that Nation. To know the lives and + characters of America's great men and women is to know American + history, for they made American history what it is. Young people + enjoy the study of great characters. We all retain a love for heroes + and heroines however old we grow. Such study adds color and life to + history and government and humanizes the entire subject. Teach lives + and institutions rather than mere facts. Inculcate into the lives of + boys and girls, and of men and women, a love for our country, for + the men and women who made it, and for the institutions in which + they have a part. Teach them that patriotism and loyalty are not + duties only, but are rather the highest privileges given to the + people of a republic. + + + + + +***END OF THE PROJECT GUTENBERG EBOOK THE SHORT CONSTITUTION*** + + + +CREDITS + + +January 3, 2011 + + Project Gutenberg TEI edition 1 + Produced by Bryan Ness, David King, and the Online Distributed + Proofreading Team at <http://www.pgdp.net/>. 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