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 [pg 010] 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 [pg 014] 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 [pg 015] 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 [pg 016] 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 [pg 022] 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 [pg 023] 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 [pg 024] 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 [pg 028] 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 [pg 030] 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, [pg 035] 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 [pg 037] 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 [pg 040] 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 [pg 041] 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 [pg 042] 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 [pg 045] 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 [pg 046] 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, [pg 047] 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 [pg 048] people; that laws are absolutely necessary, and that without laws we should have no liberty. Above all, I want you to learn that in this country the people make the laws, and I want you to feel absolute confidence in the power of the people to make and enforce laws.
I hope that you will acquire a spirit of confidence and faith in the justice of the law, and learn that submission to the law is absolutely essential in a government of the people and by the people.[26]
But there are many laws, many rules of conduct, besides those defining crimes, offenses, and the punishment of wrongdoers.
I want to talk to you briefly about some of the laws which affect our conduct in every day life, in matters not criminal. I want to impress upon you how far reaching the law is as affecting every human being in his daily conduct.[27]
Suppose one of the girls here goes to the store to buy a piece of cloth. How does she tell the merchant how much cloth she wants? She, without doubt, will say that she wants one yard, or two yards, or three yards, according to her needs. Now how much is a yard? Of course you all know that a yard is three feet. I suppose you all know that a yard is the same length in every city in the United States. We go into the store and ask for a yard of cloth in any city in the country, with absolute confidence that we will get for each yard, three feet in length. But how do we know we will get three feet in length for each yard? How do we know what we will get when we ask for a pound of coffee, or for a ton of coal, or for a quart of milk?
These weights and measures are nearly all fixed by law. When you come to read the Constitution of the United States, you will find that there is conferred upon the United States government the power to “fix the standard of Weights and Measures”.[28]
The Constitution is the fundamental law of the land. This confers upon the United States government the right to fix all standards of measurements and all weights and measures of every kind. The United States government has this power. It is not required to exercise the power, but it has the power.
The United States government has a National Bureau of Standards,[29] which supervises weights and measurements, which coöperates with the States, and maintains uniformity, so that in every State, with reference to most things bought and sold, the law fixes definitely the quantity or dimensions. Without such laws you can see what a mass of confusion the people would be in at all times.
Severe penalties are imposed by law upon those who give short measure, or short weight,[30] in order to protect buyers against those who might defraud them.
So you see how necessary law is to the simple transactions of life, and how we are constantly relying upon the law in our daily transactions, to protect us against wrongdoers.
Then again, how do you know how much the silver dollar which you are saving for Christmas is really worth? How do you know that one dollar is as valuable as another dollar? How do you know that the paper dollar which is in circulation is as valuable as the silver dollar? Well, here again when you read the Constitution of the United States, you will find that the people, when they adopted the Constitution, gave to the Congress of the United States the power:
“To coin Money, regulate the Value thereof, and of foreign Coin”.[31]
Congress, with this power, has enacted numerous laws with reference to the coinage of silver and gold money, the printing of paper money, and fixing the value of such money. How helpless the people would be without such laws.
Then how do you know that the dollar you received in change at the grocery store is a real dollar? There are many [pg 050] 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 [pg 051] 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; [pg 052] 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 [pg 056] 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 [pg 058] 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 [pg 060] 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 [pg 061] 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 [pg 067] 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 [pg 068] 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 [pg 069] 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 [pg 070] 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 [pg 074] 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 [pg 075] 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 [pg 076] 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 [pg 077] 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 [pg 078] 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 [pg 081] there are large numbers of people in this city who do not even know the name of their congressman, or representative in the legislature of the State. They do not pay any attention to such things, yet when the legislature or Congress passes a law they are always ready to criticise and condemn, despite the fact that before it was passed they did not take interest enough to give an expression of their views to those who were trying to follow the wishes of the people. From time to time the people should assemble in every community to talk over government matters, their matters, the things that come most close to them in life. You will find men and women meeting every month in their lodges and clubs, discussing all sorts of things, music, art, and literature, but we find hardly any organized meetings for the discussion of the big things in life, our liberties, our rights, and our duties as citizens of this free republic. I hope to see the time when there will be community centers and regular assemblies, not for amusement but for serious discussion, serious thought, and earnest coöperation in the affairs of the city, State, and Nation. There is so much complaint in these days that it would be of great value at these assemblies to allow every person who has a grievance against the government or any branch of the government to present it for discussion. The rights and duties of each individual in government are of importance to every other person, and there should be frankness, honesty, and earnestness in every discussion of grievance and remedies, so that public sentiment may be developed. Government in a democracy is government by the sentiment of the people; and the sentiment of the people can only be created and manifested by talking over the things in which all people are interested—the problems of life, liberty, and happiness.
ELEMENTARY QUESTIONS
1. Which colonists came to America to avoid religious persecution?
2. Why do people fight and die for their religious beliefs?
3. In what ways were people persecuted for their religious beliefs?
4. Where was the first statute granting absolute freedom of worship passed?
5. Why is it a good thing to have freedom of speech?
6. Name some famous Americans who have been outspoken in saying what they thought.
7. Can you publish in the paper a statement that Mr. X is a burglar? If so, can you be punished if your statement is not true? If so, how can you have freedom of speech?
8. Is the Constitution of the United States in force in all the States of the Union?
9. Are there other constitutions which the people of different States must observe?
10. Why did the people want the right to assemble?
11. Do you know of any countries where they do not allow it?
12. Do you know of anyone who ever sent a petition to a State legislature? To Congress? What was it like?
13. How many assemblies of people and petitions help to make our representatives do what we want them to do?
ADVANCED QUESTIONS
A. Name the places in the world, where to-day there is religious persecution.
B. Describe the conditions in Armenia.
C. What are the real advantages of religions liberty?
D. Just how would it affect a person if freedom of speech were not allowed?
E. How may the right to freedom of speech be abused?
F. During the recent war, men were punished for what they said under what is known as the Espionage Act. How can this be reconciled with freedom of speech?
G. Discuss the method of organizing a community meeting.
H. Discuss the method of preparing a petition.
I. Suppose the opinion of the meeting should be divided, what should be the procedure?
J. Plan a method to make the people talk more about government.
K. What are the dangers of a lack of interest in the affairs of government?
L. How will a congressman represent the wishes of the people if he receives no petitions?
M. Write a paper on the following:
The Story of the Pilgrims
Roger Williams and the Providence Colony
Lord Baltimore
Thomas Jefferson and Religious Liberty
Censorship of the Press and Freedom of Speech
What to do with an Anarchist Meeting
Socialist Papers
The Importance of the Right of Petition
Keeping In Touch with our Representatives
Some Petitions I have Seen
Things for Which We Should Petition the Legislature
X. Military Provisions
Rights Of Citizens To Bear Arms—Restrictions On Quartering Soldiers In Homes
Again we find the framers of the Constitution looking back into the past at abuses imposed upon the people by kingly power. They inserted in the Constitution the following provision:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”[58]
They were making a government of free States. They did not wish to see the National government become the master of the States nor the master of the people. They believed that the government should be the servant and not the master. They wanted to have the power in the hands of the people of the States to protect their rights if they ever should be invaded by force; and therefore they furnished to the people of all the States the guaranty that the States should have the right to have militia, that is, soldiers organized to maintain order and to defend the State, if necessary, against abuse of power; and they guaranteed to the people the right to bear arms lawfully.
If you read the history of the old world you will find many instances of soldiers entering the homes of the people to search for fire arms or other weapons, taking them away, possibly punishing those who had them. The people are guarded by our Constitution against any such conduct on the part of soldiers or representatives of the National government. Of course this right, like the right of free speech, may be abused and when abused punishment may be imposed. For [pg 086] 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 [pg 087] 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 [pg 088] 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 [pg 092] 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 [pg 093] 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 [pg 094] 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 [pg 095] 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 [pg 099] 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 [pg 100] 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 [pg 101] 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 [pg 102] 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 [pg 106] 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 [pg 107] 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 [pg 112] 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 [pg 113] 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 [pg 114] 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 [pg 115] 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, [pg 118] 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 [pg 119] 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 [pg 120] 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 [pg 123] 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 [pg 124] 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 [pg 127] 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 [pg 131] 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 [pg 132] 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 [pg 133] 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 [pg 134] 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 [pg 135] 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 [pg 139] 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 [pg 145] 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 [pg 146] 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. [pg 147] 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 [pg 148] 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 [pg 151] 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 [pg 152] 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 [pg 153] 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 [pg 157] 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 [pg 161] 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 [pg 162] 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 [pg 166] 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 [pg 167] 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 [pg 170] 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 [pg 173] 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 [pg 174] 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 [pg 177] 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 [pg 178] 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 [pg 179] 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 [pg 182] 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 [pg 183] 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 [pg 184] 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 [pg 185] 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 [pg 189] 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 [pg 190] 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 [pg 191] 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 [pg 192] 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 [pg 195] 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 [pg 196] 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, [pg 197] 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 [pg 198] 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 [pg 199] 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 [pg 201] 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”.