Chapter III: Preface (2)

Now the President and the members of Congress, including the Senate, and the judges of the courts are all merely representatives of the people chosen by the people to carry out the will of the people. The position and powers of all of these representatives of the people are fixed and defined by laws enacted by the people.

As we shall hereafter find, the first law of the Nation, the foundation of all laws of the Nation, is the Constitution of the United States, which in the long ago was adopted by the people of thirteen small States.

Our form of government therefore is representative. That is to say, the people choose their representatives to do the business of the country for the people. Laws are voted for directly by members of Congress and the Senate of the United States, or members of the legislatures of the States; but these members of Congress, Senators, and legislators are selected by the people, and in voting for laws they are expressing the will of the people who voted for them. They are elected for a short term of years, so that in case any one of them should not, in his vote upon any law, carry out the wishes of the people who elected him, they may at the next election select someone else in his place who will better represent them.(18)

The important thing to bear in mind in relation to this government organization, with all the officers now necessary to do the business of the people of this great country, is that these officers—executive, legislative, and judicial—are not the government; the government rests with the people, and these officers are merely servants of the people, subject to the will of the people.

It has been well said that government in a democracy is organized public opinion. Public officers, representatives of the people, have only the power which the people give to them. In many of the States of this country, in the enactment of laws, the people by law make provision by which the people themselves have the power to reject laws enacted by their representatives of which they do not approve. Under the “initiative” and “referendum” in some States, the people retain the power to direct their legislature to enact certain laws. Also laws made by the legislature may be voted upon by the people for final approval, if desired.(19)

The important thing first to be learned is that in this democracy the government is in form a republic, because the laws are enacted and enforced, not by the direct vote of the people, but by the representatives elected by the people.

The power of the people always continues. A law may be passed by one legislature, or one session of Congress, and may be repealed the next. Any law upon the statute books may be changed from time to time, in response to the changing sentiment of the people.

We are inclined to consider the term “representative government” as relating particularly to the enactment of laws, but this is a representative government not only in the making of laws, but also in the enforcement of laws. I want you to realize early in life that every citizen has a responsibility for enforcing laws as well as for making laws, and that for any failure or omission in the making of laws, or in the enforcement of laws, the people must bear the responsibility.

ELEMENTARY QUESTIONS

1. In what respect is America a republic?

2. What is the difference between a republic and a Republican?

3. What was the population of America when the Constitution was adopted?

4. Why was it impossible to have all the people assemble to adopt laws?

5. What is meant by a representative of the people?

6. Suppose a representative does not represent the people as they wish. What can they do about it? Give illustrations.

7. Into what parts is the government of the United States divided?

8. How are the powers and duties of representatives of the people defined? Why does the judge say that the people really have the power and that this power continues?

ADVANCED QUESTIONS

A. What is the fundamental law of the United States? Why is it fundamental?

B. How can we say that the people have power in lawmaking, when we know that the representatives make the laws?

C. How can we influence the votes of our representatives?

D. If you know that your representative is likely to vote against your own wishes, what can you do about it?

E. How soon may a law be changed after it has been passed?

F. What is meant by “initiative, referendum, and recall”? How have they worked out in practice?

G. Write a paper on the following:

The Difference between a Democracy and a Republic

How the Public Can Make Their Representatives Represent Them

Why America Could Not Do Without Representatives

The New England Town Meeting

VI. LAW

Necessity For Rules Of Human Conduct For Guidance And Restraint

This morning I wish to talk with you about one of the most important subjects in the world, the law; and strange to say, most people know very little about it.

Indeed I find that the average person feels that he does not need any knowledge of the law, that the law is for lawyers, judges, and courts.

Now the truth is, that there is scarcely any activity in life in which the law does not play an important part. This is true from childhood to old age, in every calling and every occupation in life.(20) The law is not intended for any one class of people, but it applies to all classes of people, the rich and the poor, the wise and the ignorant. It also applies to all ages, to men, women, and children.

_What is the law_, or what is a law?(21) There is nothing difficult about it. A law is merely a rule of human conduct, a rule of conduct for human beings which is enforced by the Nation, the State, or the city. There are other rules of human conduct enforced by the parents, teachers, or employers—those who have authority over others, those whose duty it is to direct the conduct of others.

Every boy knows that in his home his parents have certain rules, not written or printed, but stated by his father or mother with relation to his conduct about the home, about his school, or about his play time or vacation, when he must go to bed, when he must arise, and with whom he may associate, that he must not go in swimming unless accompanied by his father, that he shall not go to the movies without the consent of his mother, that he must attend Sunday school regularly, that he must not eat with his knife, that he must be courteous to all persons, especially the aged, that he must not play ball in the street, and a large number of other rules and directions, all intended for the good of the boy.

Then in school you find certain rules of conduct made by the Board of Education or other officers, or adopted by the teacher.

If a boy works in a store, he finds that his employer has certain rules: the time when the store shall be opened and closed; that the boy shall sweep the floor at certain hours; that he may go to lunch at a certain time; that he shall not permit other boys to pass behind the counters, etc. All of these are illustrations of rules of conduct for children, or those under the control, authority, or direction of some older person.

But older persons, the parents, the school officers, the teachers, the storekeepers, and those of all other occupations are likewise subject to rules, are under control and direction of the Nation, the State, and the city, all having power to enforce rules of conduct, called laws, which apply to the old and the young. Without such rules, such laws, it would be impossible to maintain peace and order. Without such rules, called laws, it would be impossible to protect the weak against the strong and the wicked.

This government being organized for the purpose of protecting the rights and liberties of the people, it is necessary that laws be enacted in order that our rights and liberties shall not be taken away from us by those who may be stronger or wiser than we are. Many laws prohibit wrongful acts and provide a punishment for those who commit such wrongful acts. Thus one who strikes you without justification, one who steals your bicycle, or any other property, one who breaks into your home, or into the store, a burglar, is punished. One who kills another human being, a murderer, is punished. A person who willfully sets fire to a building, or is guilty of cruelty to animals, malicious mischief, or sells liquor is punished.(22) So there are scores of different offenses forbidden by the law, and punishments fixed for those who will not obey.

There are also laws requiring that one shall ride or drive on the right hand side of the street when passing another coming from the opposite direction.

There is generally in every city a law which punishes a person who rides his bicycle upon the sidewalk. There are laws regulating the speed of automobiles, the lights and signals, and the turning at the corners of the street, so that other people either walking, or riding on bicycles, or in automobiles or other vehicles, may not receive injury.(23)

You know in this country, where every person is equal before the law, no one person has any more right in the street than his neighbor has, and the conduct of each in the use of streets and sidewalks and other public places must be such that all may enjoy equal opportunities in the use thereof.(24)

Freedom, as already explained, does not mean a right to do everything we wish to do. Freedom is the right to do whatever we may wish to do, provided it does not interfere with the right of our neighbors to have the same privileges which we claim for ourselves.

Therefore, it is absolutely necessary to have laws fixing the conduct of all persons; and it is necessary, in order to enforce these laws, to punish those who will not obey them.

_Who makes these laws?_ In America the laws are made by the people themselves; that is, they elect representatives to serve in Congress, in the legislatures of the States, and in the councils of the city, who make the laws for the people according to the wishes of the people. This you will understand more fully as you study this representative form of government we have in this country.

The people have the right to change any law now in existence, and may also make such new laws as they think will better protect the people in their rights.(25)

_Who enforces these laws_, these rules of conduct? The rules of the home are enforced by the parents. If you violate the rules of your parents, they impose a punishment upon you. This punishment may not be severe, in fact it should not be, unless your disobedience is continued and stubborn.

If you violate the rules of school, the teacher or other school officers have the right to punish; and if you violate the rules of your employer, he has the right to admonish you, and of course if you do not obey, he will discharge you and you will lose your place.

Now the rules of conduct, the laws of the Nation, the State, or the city are enforced in this country by the people, through their government, through the courts, presided over by judges whom the people themselves select for that purpose. Sometimes the punishment is severe, sometimes mild. It all depends upon the character of the person who disobeys the law, and whether the disobedience is stubborn or willful. Penalties are imposed, not only to punish the wrongdoer, but as a warning to others, that if they disobey the law, they too will be punished.

In this country all laws imposing punishment for offenses are printed so that every one may know what the law is; but it is not necessary that one should study each separate law, because as a rule, your conscience will be your guide against wrong doing. There are not many acts punished by the State or Nation which are not morally wrong. The person whose heart is right knows good from evil; and the person who really tries to do right will seldom be guilty of violating any law.

I do not expect you to learn all about the different laws. This is not necessary. But I do expect you to understand enough about the law to realize that we are all subject to authority; that laws are enacted by the authority of the people; that laws are absolutely necessary, and that without laws we should have no liberty. Above all, I want you to learn that in this country the people make the laws, and I want you to feel absolute confidence in the power of the people to make and enforce laws.

I hope that you will acquire a spirit of confidence and faith in the justice of the law, and learn that submission to the law is absolutely essential in a government of the people and by the people.(26)

But there are many laws, many rules of conduct, besides those defining crimes, offenses, and the punishment of wrongdoers.

I want to talk to you briefly about some of the laws which affect our conduct in every day life, in matters not criminal. I want to impress upon you how far reaching the law is as affecting every human being in his daily conduct.(27)

Suppose one of the girls here goes to the store to buy a piece of cloth. How does she tell the merchant how much cloth she wants? She, without doubt, will say that she wants one yard, or two yards, or three yards, according to her needs. Now how much is a yard? Of course you all know that a yard is three feet. I suppose you all know that a yard is the same length in every city in the United States. We go into the store and ask for a yard of cloth in any city in the country, with absolute confidence that we will get for each yard, three feet in length. But how do we know we will get three feet in length for each yard? How do we know what we will get when we ask for a pound of coffee, or for a ton of coal, or for a quart of milk?

These weights and measures are nearly all fixed by law. When you come to read the Constitution of the United States, you will find that there is conferred upon the United States government the power to “_fix the standard of Weights and Measures_”.(28)

The Constitution is the fundamental law of the land. This confers upon the United States government the right to fix all standards of measurements and all weights and measures of every kind. The United States government has this power. It is not required to exercise the power, but it has the power.

The United States government has a National Bureau of Standards,(29) which supervises weights and measurements, which coöperates with the States, and maintains uniformity, so that in every State, with reference to most things bought and sold, the law fixes definitely the quantity or dimensions. Without such laws you can see what a mass of confusion the people would be in at all times.

Severe penalties are imposed by law upon those who give short measure, or short weight,(30) in order to protect buyers against those who might defraud them.

So you see how necessary law is to the simple transactions of life, and how we are constantly relying upon the law in our daily transactions, to protect us against wrongdoers.

Then again, how do you know how much the silver dollar which you are saving for Christmas is really worth? How do you know that one dollar is as valuable as another dollar? How do you know that the paper dollar which is in circulation is as valuable as the silver dollar? Well, here again when you read the Constitution of the United States, you will find that the people, when they adopted the Constitution, gave to the Congress of the United States the power:

“_To coin Money, regulate the Value thereof, and of foreign Coin_”.(31)

Congress, with this power, has enacted numerous laws with reference to the coinage of silver and gold money, the printing of paper money, and fixing the value of such money. How helpless the people would be without such laws.

Then how do you know that the dollar you received in change at the grocery store is a real dollar? There are many counterfeit dollars made by wrongdoers, by criminals who seek to profit by manufacturing money themselves, sometimes so much like the genuine, that it is almost impossible to detect the difference. There are counterfeit bills, and counterfeit coin, which I dare say could not be distinguished from the genuine by any person in this room. But there are laws enacted by Congress providing very severe punishment for any person who makes, passes, or attempts to pass, any counterfeit coin. For instance, if one shall make, or pass, or attempt to pass counterfeit gold or silver coin, he may be punished by five years imprisonment in the penitentiary.(32) Even for making, or passing, or attempting to pass a one cent, two cent, three cent, or five cent piece, a person may be imprisoned for five years. Any one who makes a die or mold designed for the coining, or making of counterfeit coins may be punished by imprisonment in the penitentiary for ten years.

These are severe penalties. Liberty is dear, and yet you can see how absolutely necessary it is to have these severe penalties in order to protect you, your father and mother, and all other persons from being defrauded and wronged by the use of counterfeit money which is worthless, but which most people cannot distinguish from the genuine.

I suppose you watched for the letter carrier this morning. Perhaps you were expecting a letter from a friend or relative. The letter carrier came to your door. You did not have to walk to the post office. Perhaps your friend lives one thousand miles away. How is it possible for you to receive a letter in perhaps a couple of days from that far distant point? Did you ever stop to think about it? Of course you say, “Well it came through the post office”. Yes, but the postoffice is only a part of the great postal system of this country, which carries your letters from one end of the land to another for the small amount of two cents; and we have wonderful confidence in this postal service. We carelessly drop into the mail box most important letters, often most sacred, but we have no doubt that the letter will reach its destination safely.(33)

How is it all possible? Well, again, in reading the Constitution you will find that the people gave to Congress the power:

“_To establish Post Offices and Post roads._”(34)

This power has been exercised by the enactment of many laws by Congress providing for post offices, letter carriers, postal clerks, railway mail service, rural routes, and many laws severely punishing any one in the postal service who willfully fails to perform his duties.

Persons engaged in the postal service may be sent to the penitentiary for stealing money from the mails, stealing a letter from the mails, for any act of dishonesty, or failure of prescribed duty. How could the great postal service of this country be maintained without such laws? How would the people have the blessing of a great service of this kind without the most carefully prepared laws made to protect the people?

So I might go on giving numerous other illustrations of the laws enacted by the people through their representatives, for the benefit of the people themselves, for their comfort, their convenience, and their protection against wrongdoers, who might deprive them of their property, or of things still more sacred than property.

I have only used these illustrations to impress upon you the great truth that there is hardly any relation in life in which the law does not have an important part. We should realize early in life that law is absolutely necessary to guide human conduct, to restrain wrongful conduct, to punish wrong doing, and thus to aid in protecting us in our right to life, liberty, and property.

These laws are not the judges’ laws, nor the lawyers’ laws; they are the laws of the people, made for their benefit, worthy of our most earnest support, calling upon us for loyal obedience, demanding our respect, and inspiring our confidence.

ELEMENTARY QUESTIONS.

1. What is a law?

2. By whom is a law enforced?

3. Name an activity in life that the law has nothing to do with.

4. Make a list of some of the laws that your father and mother make in your home.

5. Make a list of some of the rules of conduct found in school.

6. Go to a store in your town. Are there rules of conduct for the clerks? What are they?

7. Who makes the rules in a home? In a school? In business institutions?

8. Upon which side of the street must a person drive? Why?

9. Who fixes the rules of measurement and weight?

10. Suppose that you buy a ton of coal and find later on that you only received 1500 pounds. Could you do anything about it? Why should the coal dealer be punished?

11. What would it be like if we had no laws at all?

ADVANCED QUESTIONS

A. In imposing punishment upon a wrongdoer, what elements does the judge consider in fixing the amount of fine or the length of punishment?

B. Why do we have our laws printed? What would be the dangers of having secret laws concerning the nature and existence of which the people could not obtain information?

C. What is the distinction between a rule of conduct in the home and a law of the land?

D. List a number of laws and penalties in addition to those cited by the judge.

E. Why cannot one have liberty without law?

F. Why are people punished when they break the law?

G. Is it ever right to break the law?

H. Write a paper on the following:

Why Breaking the Postal Laws Deserves Severe Punishment

Liberty Under the Law

The Danger of Counterfeit Money

Laws that Should Be Passed

How to Have a Law Passed

VII. THE CONSTITUTION

Personal Guaranties Grouped Under The Title "The Short Constitution"

We now take up the subject of the Constitution of the United States. It is important because it is the foundation of the rights and liberties of all Americans. It relates to the rights and liberties of everyone in this room. It is our great charter.

Gladstone, the great English statesman, once said, “It is the greatest work ever struck off at any one time by the mind and purpose of man.”(35) It is quite a long document. I want every one of us to read it carefully and study it thoroughly.

The larger part of the Constitution consists of provisions telling of the qualifications and manner of election of the President, Senators, and congressmen, the powers and duties of the various parts of our government, procedure of government, and the relations of the Nation and the States. These are important.

But more important still are the ways in which the Constitution guarantees the rights, liberties, and privileges of all men, women, and children who live under the American flag. These guaranties are numerous, but they are briefly stated. Any of us can understand them if we but read them carefully and catch their meaning. It ought not to be difficult to cause a person to study the things which relate to himself, to the most important things in his own life. Liberty we prize most dearly. Everyone of these guaranties in the Constitution is intended to guard and protect the freedom and liberty which you and I enjoy.(36)

To make our task more simple, I have selected from the Constitution those sections which deal with our privileges as American citizens. You can see them in the copy of the Constitution which you have. (See page 217.) I have grouped these together and for convenience I shall call it “The Short Constitution”. As you can see, there is nothing in it that is not in the original Constitution. It is just as if I had taken a pair of shears, cut out these phrases from the Constitution, and pasted them together. It makes it more convenient for us.

Take this “Short Constitution” home with you. Bring it with you when you come to school. Talk with your father and mother about it. It may be that sometime a knowledge of these rights that every American citizen now has may save to you your home, your freedom, or your life.

Now I am going to read this:

THE SHORT CONSTITUTION

Article I (_Amendment I._)

Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a
redress of grievances.(37)

Article II (_Amendment II._)

A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall
not be infringed.

Article III (_Amendment III._)

No Soldier shall, in time of peace, be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.

Article IV (_Amendment IV._)

The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to
be seized.

Article V (_Amendment V._)

No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in
the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence to be
twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just
compensation.

Article VI (_Amendment VI._)

In all criminal prosecutions, the accused shall enjoy the right to
a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.

Article VII (_Amendment VII._)

In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise
re-examined in any Court of the United States, than according to
the rules of the common law.

Article VIII (_Amendment VIII._)

Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.

Article IX (_Amendment IX._)

The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people.

Article X (_Amendment X._)

The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.(38)

Article XI (_Amendment XIII, Sec. 1._)

Neither slavery nor involuntary servitude, except as a punishment
for crime whereof the party shall have been duly convicted, shall
exist within the United States, or any place subject to their
jurisdiction.

Article XII (_Amendment XIV, Sec. 1._)

All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States and
of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal
protection of the laws.

Article XIII (_Amendment XV, Sec. 1._)

The right of citizens of the United States to vote shall not be
denied or abridged by the United States, or by any State on
account of race, color, or previous condition of servitude.

Article XIV (_Art. I, Sec. 9, Cl. 2._)

The Privilege of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion, the public Safety
may require it.

Article XV (_Art. I, Sec. 9, Cl. 3._)

No Bill of Attainder or ex post facto law shall be passed.

Article XVI (_Art. I, Sec. 9, Cl. 8._)

No Title of Nobility shall be granted by the United States: And no
Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any present,
Emolument, Office or Title of any kind whatever, from any King,
Prince, or foreign State.

Article XVII (_Art. III, Sec. 2, Cl. 3._)

The trial of all Crimes except in Cases of Impeachment, shall be
by Jury, and such Trial shall be held in the State where the said
Crimes shall have been committed; but when not committed within
any State, the Trial shall be at such Place or Places as the
Congress may by Law have directed.

Article XVIII (_Art. III, Sec. 3, Cl. 1._)

Treason against the United States, shall consist only in levying
War against them, or in adhering to their Enemies, giving them Aid
and Comfort. No person shall be convicted of Treason unless on the
Testimony of two witnesses to the same overt Act or on Confession
in open Court.

The Congress shall have power to declare the Punishment of
Treason, but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person
attainted.

Article XIX (_Art. IV, Sec. 2, Cl. 1._)

The Citizens of each State shall be entitled to all Privileges and
Immunities of Citizens in the several States.

Article XX (_Art. VI, Cl. 3._)

No religious Test shall ever be required as a Qualification to any
Office or public Trust under the United States.

Now that is not long, is it? Yet in this brief part of the Constitution are contained provisions the most important for the common people ever written by the hand of man in all the history of the world. In some countries of the world people have some of the rights and privileges guaranteed by our Constitution, but in no other country in the world do the people have a written guaranty of all the rights, privileges, and liberties set forth in these short extracts from the Constitution of the United States.

I want you all to get fixed in your minds the date of the adoption of the original Constitution by the convention—1787.(39) That was more than a century and a quarter ago.

I want every child to understand just why the Constitution was made, how it was made, something of the men that made it, and how the people of the States approved of the Constitution before it became binding.

I also want you to understand something of the changes and additions made by the people since the Constitution was first adopted. I want you to understand that it is the Constitution of the people, the whole people, and I want you to know that the people can change the Constitution or make additions to it whenever they want to.(40)

So at our next meeting I am going to tell you something of the making of the Constitution.

ELEMENTARY QUESTIONS

1. Compare “The Short Constitution” on pages 56-60 with the complete Constitution found at the back of the book.

2. Why were these parts selected from the entire Constitution? Is there any similarity in the various parts selected?

3. What are the most important provisions of the Constitution of the United States?

4. Do the guaranties of the Constitution protect the rights of all people living in America, or do they apply only to a few favored classes?

5. What was the date of the adoption of the original Constitution?

ADVANCED QUESTIONS

A. Why are we interested in our rights?

B. What are the dangers of talking too much about our rights?

C. Make a list of a duty to correspond with each right selected.

D. Write a paper on the following:

The Officials Provided by the Constitution

The American Bill of Rights

VIII. MAKING THE CONSTITUTION

How The Convention Of 1787 Drafted The Constitution Of The United States

You will remember from your study of American history that when the early colonists came to this country they settled along the Atlantic coast in many separate and distinct groups. Not all had come from the same country. Most of them were English, but there were also smaller settlements of Dutch, French, Germans, and Swedes. It was not many years until the English had taken control of all the land from Maine to Georgia, but even then not all the English were alike. There were Puritans and Cavaliers, Scotch and Irish, Scotch-Irish and Quakers. They differed in their ideas of government, religion, and education.

These colonists had come for many purposes. Some had come to make their fortune. Others because of trouble at home. Most had come to be free, to worship God in the way they chose, to form their own government, to make their own laws, to govern themselves; and in the early days, they had met with success.

But as time went on, as more people came, as ships were built, and trade and commerce increased, the government of England became more and more tyrannical. The English people may not have favored this, but they did not direct the acts of their king and his officers. Taxes were placed on the colonists without their consent. They were forced to accept laws not of their own choosing. The king refused them the right to select their own judges. They could not trade where they pleased. If you will read the Declaration of Independence you will see how their liberties were restricted.(41)

All this time the various colonies were as separate as so many distinct countries. They did not know each other. There was little travel from one to another. They were quite different. But they were alike in the fact that each wanted liberty, and that each was subject to oppression from the English king.

So from time to time we find them sending delegates to some common meeting place to discuss a plan of action. In 1754 a group met at Albany to suggest a plan of union. In 1765 England passed the Stamp Act which put a tax upon certain articles such as books, newspapers, and playing cards. A person could not sell one of these articles without pasting upon it one of these stamps, the money from which went to England as a tax. It was much like our war tax upon tooth paste, shaving soap, and playing cards. The difference was this. The colonists had never given the right to make this tax. It had been imposed upon them by England; and further, if a person were accused of selling a book or newspaper without this stamp, he could be severely punished.(42) This enraged the colonists, and in New York in the following year, there met a group of delegates from nearly all the colonies to discuss ways and means of meeting this.

Again in 1774, conditions having become worse, delegates from twelve colonies met at Philadelphia at the First Continental Congress to consider the grievances against Great Britain. The Second Continental Congress following it carried on the first years of the Revolutionary War. It drafted and adopted the Declaration of Independence. It raised and provided for the armies, and brought the States together.

But it needed a kind of constitution. So in 1777 the Articles of Confederation were drawn up and adopted by Congress and by 1781 all the States had finally adopted them. But they were inadequate. Each of the thirteen States wanted all the power in its own hands.(43)

You cannot blame them. Picture to yourself these little settlements down on the Atlantic Coast. All together they did not have as many people as there are in the State of New Jersey to-day. They and their fathers had left their homes and traveled thousands of miles over stormy seas to find liberty. They themselves had fought a long war against England to make themselves free. They did not wish to give up these powers.(44)

But the wiser people in the different States saw that to form a more perfect union it was necessary to grant the central government more powers, and to fix forever certain rights which every American citizen should enjoy throughout the years to come. So the people selected men as their representatives and authorized them to meet with the representatives from other States at Philadelphia in 1787 to draw up a plan of government which would be strong enough to hold the country together and govern it effectively.

Now who were these men? They were men who were selected by their neighbors to represent them, just as men are elected to-day to represent us in the legislature of our State or in Congress. To be sure, in those days not all men were allowed the right to vote. In some States a man had to have a certain amount of money before he could vote. In others men of certain religious faiths were not allowed to vote. But the delegates to the Constitutional Convention were men who were fairly representative of all the people. When we consider the work that they did, that they wrote our Constitution, that they were able to do this at the time they did, we must feel that a wise Providence guided their selection and inspired them in their wonderful work.

There in Independence Hall in Philadelphia were Benjamin Franklin and George Washington, James Madison and Edmund Randolph, Alexander Hamilton and Gouverneur Morris. Almost all the prominent men of the time took part.(45)

They took the best that they knew of the experience of the human race in government, especially the experience of England and America, and from this they drew up the Constitution of the United States, the foundation of the government under which we live.(46)

When they had finished their work—that part of the Constitution which precedes the amendments—they submitted it to the States. They were very careful to see to it that the people themselves should approve of this. So instead of having the usual legislature of each State vote upon it, they provided that the people of each State should elect delegates for a special convention, the sole purpose of which was to decide whether or not they would like to live under a government like this.(47) These conventions, elected by the people for this special purpose, met and one after another, often after a bitter struggle, ratified the Constitution. The chief objection was that the rights of all Americans were not clearly stated.

So at the first meeting of Congress, the first ten amendments—our American Bill of Rights—were adopted and in 1791 they were ratified by the States. Since then the Constitution has been rarely amended. In 1798 and in 1804 the eleventh and twelfth amendments regarding the courts and the election of the President were adopted. After the Civil War three amendments were adopted regarding the problem of the negro citizen. Since then we have added changes regarding the income tax, the election of United States Senators, and prohibition. The last amendment, dealing with the extension of the vote to women, was ratified by Tennessee as the thirty-sixth State on August 18, 1920.

To-day then, our government is founded upon the Constitution made shortly after the Revolutionary War. It represents the aims and ambitions of the fathers of our country. They came to this land to be free. They suffered persecution. They threw off the yoke of the oppressor. They established a government of the people, by the people, for the people. The people selected the men who drew it up. They selected the men who amended it. Our task is to understand what it means, to obey it, and protect it.

The lofty purpose of the fathers of the republic in establishing this, the first real government by the people, is expressed in these thrilling words:

“_We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America._”

ELEMENTARY QUESTIONS

1. Why did the early settlers come to America?

2. From what countries did they come? Which countries were most important?

3. Why did they become dissatisfied with English rule here?

4. Why did they wish to unite? Name some of the earlier attempts at union.

5. When was the Stamp Act passed? What was it supposed to do? Why did the colonists object?

6. Why were the Articles of Confederation not satisfactory?

7. What was the meeting in Philadelphia in 1787? How were the representatives at this meeting chosen? How did they try to see that the representatives at this meeting actually represented the people?

8. How was the Constitution ratified by the people? In what way did they try to make it the actual will of the people?

9. When was our Bill of Rights passed?

10. What amendments have been added to the Constitution since 1791?

ADVANCED QUESTIONS

A. How did the makers of the Constitution guard against the abuses cited in the Declaration of Independence?

B. How were the defects in the Articles of Confederation guarded against and remedied?

C. What experience had the makers of the Constitution had which enabled them to prepare so successful a document?

D. Would you say that Gladstone’s statement, “It is the greatest work ever struck off at any one time by the mind and purpose of man” was literally true?

E. How did the allusions to other countries made during the convention show the advantage of America’s being a “melting pot”?

F. What people were allowed to vote at the time of the adoption of the Constitution?

G. What were the chief objections urged against ratification of the Constitution?

H. Write a paper on the following:

Why the People Needed a Constitution

The Main Points Included

A Comparison of the Work Done Then and the Outline Made in Answers
to Questions J Chapter Two

George Washington

Benjamin Franklin

Alexander Hamilton

James Madison

IX. FREEDOM

How Freedom Of Worship, Speech, The Press, And Assembly Are Guaranteed

This morning we begin the consideration of what I believe to be the most important of all the subjects we have talked about. I think people are more interested in their privileges and rights than they are in their duties. In fact we hear a great deal and we read a great deal about “rights”, but we do not find very much said on the streets, in the homes, or in the newspapers about our “duties”.(48)

Now we have considered in a very general way the nature of our government and something of our powers and duties under the Constitution. I know that you will be interested in considering our rights and privileges under the Constitution of the United States.

Always keep in mind that each State has a Constitution, and that the Nation has a Constitution, that the Constitution of the United States covers the entire Nation, not only the original thirteen colonies, but the present forty-eight States, and that any States that may hereafter be brought in the Union will have as their fundamental law the Constitution adopted by the people in the long ago.(49)

Also always keep in mind that the Nation has certain powers, and that the Constitution of the United States is supreme only as to the things over which the United States as a Nation has control.

But it is important to bear in mind that the great principles of the Constitution of the United States have been carried into the Constitutions of the various States, and that the rights and privileges of the people under the Constitution of the United States have also to a large extent been guaranteed by the Constitutions of the States.(50)

This morning we take up a constitutional guaranty which you perhaps have not thought much about, but which is one of the most important in the whole Constitution—_Freedom of Worship_. The Constitution provides:

_“__Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.__”_(51)

As we look back through the history of the world we are startled to find that this was the first written guaranty that the people of any nation ever had permitting them to worship God according to the dictates of their own conscience.(52)

Now some of you may not realize how important this is; but there is nothing so dear to the human heart as the right, the privilege, of belonging to that church and worshipping God in that manner which each individual may desire. We do not realize the value of such a privilege until some one, or some power, seeks to take it away from us. All through the world men and women and children have fought, and many of them have died, for this privilege. It was the custom of the nations of the world before our Constitution to have an established religion, a National religion, and in many of the countries it was the law that every one must belong to the state church, and must actually believe in the religion of the state. In fact, in many countries, refusal to believe in the religion of the state was punished by death—sometimes by burning to death, and I am sure you will be surprised to realize that while America was first settled by people who were seeking religious freedom, they were still so imbued with a feeling of the old days that persons must worship, not as their conscience might dictate, but as the state might dictate, that for many years in this country in certain of the colonies a state religion was recognized, and obligation to conform to the established religion enforced by severe penalties.

In the colony of Virginia the established or state church existed, and it was the law that any person who did not conform thereto should be punished by burning to death. This is startling, isn’t it, to hear of such a brutal law upon American soil? Virginia afterwards became the pioneer in legislation establishing freedom of worship, but it took the most strenuous efforts of Thomas Jefferson through many years to finally wipe out these cruel laws and establish freedom of worship.(53)

The Virginia statute granting absolute freedom of worship was the first ever adopted in the history of the world by any state or nation, the first guaranty of the right. Freedom of worship had existed before this in Maryland under the generous rule of Lord Baltimore, but the first formal statute was adopted in Virginia.

Now your teachers tell me that in this school the pupils belong to sixteen different churches. I suppose each one of you thinks that the church to which he belongs is better than any of the others. I hope you do. I hope that every child is sincere in his religious belief, whatever it may be. But how would you feel if some representative of the State should come here this morning, and announce that a law had been passed by which every pupil must belong to the Baptist, the Methodist, the Catholic, or the Jewish church? How would you feel if a law were to be read to you which provided that unless you changed your religious belief and adopted some other, you would be burned to death out here on the hillside? You can hardly believe that such a thing would be possible in any age of the world; and yet never forget that the foregoing provision which I have read from the Constitution of the United States was the first declaration of the right of the people of a whole Nation to worship God according to their own will, their own conscience.

The declaration of this great right by the Constitution of the United States has been in full force ever since the adoption of the Constitution, not only as a National law, but similar provisions have been made the policy, usually by the Constitution, of every State in the Union. What a glorious thing it is to live in a Nation and in an age where no man, no state, and no power can tell you what to believe, or how to express your belief, what church you shall attend, or in what manner you shall express your religious faith.

Not only this, but this constitutional guaranty protects every one in his right to belong to no church if he so elects. The soul is free. No power can compel one to belong to any church, nor in any manner to hold or exercise religious faith, or religious duty or obligation. _In other words, men are free_, and this freedom, aside from any other guaranty of the Constitution, should make us all feel affection and veneration for this great charter of human liberty.

But freedom of worship is only one of the many rights and privileges guaranteed to the people—to all the people.

Another great natural right—God given right—is firmly and finally established:

“_Congress shall make no law ... abridging the freedom of speech or of the press._”(54)

Here again remember, when you are thinking of what you owe to your country, that this declaration of the Constitution was the first in all the history of the world by which a Nation guaranteed to all the people the right freely to express their thoughts in words or in writing. This was the first time the chains were taken from the human intellect. No one will ever be able to number the men and women who, throughout the history of the world, were condemned to death, because they dared to express their sentiments. If Patrick Henry had delivered his famous speech in which he said, “Give me liberty, or give me death”, in England rather than America, he would have been promptly punished. Hundreds of the colonists would have been hanged by the British government if they had expressed themselves in the mother country instead of in the new world. Kings to hold their power in the old world, to keep the people so terrorized that they would submit to their will, made the practice of hanging or beheading those who freely spoke their sentiments against the government.(55)

Of course under the old laws those who expressed their religious convictions in opposition to the state church by speech or writing were usually promptly imprisoned, hanged, or burned.

Now do not have any misunderstanding about this guaranty of freedom of speech and of the press. We often hear complaints of certain people about certain laws punishing those who abuse the privilege of free speech; but there is no law of State or Nation which prohibits the speaking or writing of anything in this country. Men may speak and write what they will; but there are some laws punishing those who abuse this great privilege to the injury of another person, or to the injury of the Nation. Of course no one would feel that it was right to allow another to write libelous articles about your neighbors. You would not feel that it would be right to permit some vile person to write false and vicious articles about your mother or your father; and yet any one may do so. They cannot be prohibited or enjoined from doing so, but they may be punished after doing so, after they have been tried in a court and found guilty of libel by a jury of their fellowmen.(56)