,the ,short ,constitution               
,elementary ,americanism ,series        
,being a ,consideration of the          
,constitution of the ,united ,states1   
,with    ,particular ,reference to the  
,guaranties of ,life1 ,liberty1 and     
,property          ,contained ,therein1 
,sometimes ,designated ,the ,bill ,of   
,rights                                 
,by                                     
,martin ,j4 ,wade                       
,judge of the ,united ,states ,district 
,court                                  
,and                                    
,william ,f4 ,russell                   
,dean of the ,college of ,education1    
,university of ,iowa                    
,annotations ,by                        
,charles ,h4 ,meyerholz                 
,professor of ,social ,science1 ,iowa   
,state ,teachers ,college               
,third and ,revised ,edition            
,american ,citizen ,publishing ,co4     
,iowa ,city                             
,copyright1 #aibj1 #aiba                

,,contents      ,about ,the ,authors    
,preface  ,i4 ,the ,judge's ,first ,talk
  ,,ii4 ,government  ,,iii4 ,liberty    
,,iv4 ,america--,a ,democracy  ,v4      
,america--,a ,republic  ,,vi4 ,law      
,,vii4 ,the ,constitution  ,,viii4      
,making ,the ,constitution  ,,ix4       
,freedom  ,x4 ,military ,provisions     
,,xi4 ,search ,warrant ,and ,indictment 
,,xii4 ,rights ,of ,accused  ,,xiii4    
,life1 ,liberty1 ,and ,property  ,,xiv4 
,criminal ,trials  ,,xv4 ,the           
,indictment  ,,xvi4 ,guarding ,rights   
,in ,court  ,,xvii4 ,punishment         
,,xviii4 ,equal ,rights ,of ,citizens   
,,xix4 ,writ ,of ,habeas ,corpus  ,,xx4 
,other ,prohibited ,laws  ,,xxi4        
,titles1 ,gifts1 ,treason  ,,xxii4      
,jury1 ,except ,in ,impeachment         
,,xxiii4 ,wrongs ,under ,king ,george   
,,xxiv4 ,shall ,any ,part ,be ,repealed 
,,xxv4 ,amending ,the ,constitution     
,,xxvi4 ,machinery ,of ,the ,government 
,,xxvii4 ,state ,constitutions          
,,xxviii4 ,the ,suffrage  ,a ,word ,to  

,the ,the ,teachers ,and ,others        
,declaration ,of ,independence          
,constitution ,of ,the ,united ,states  
,articles ,in ,addition ,to1 ,and       
,amendment ,of ,the ,constitution ,of   
,the ,united  ,states ,of ,america1     
,proposed ,by ,congress1 ,and ,ratified 
,by ,the ,legislatures  ,of ,the        
,several ,states ,pursuant ,to ,the     
,fifth ,article ,of ,the ,original      
,constitution  ,footnotes               
,what ,has ,america ,done ,for ,me ,and 
,for ,my ,children8    ,this question   
may not be spoken1 but it is in the     
hearts of millions of  ,americans       
to-day4    ,all those who attempt to    
teach ,americanism to foreigners1 and to
  ,americans1 must be prepared to answer
 this question4 ,it can only be         
answered by teaching the individual     
guaranties of the ,constitution of the  
,united ,states1 and of the ,states1    
which protect life and liberty and      
property4    ,it can only be answered by
 convincing the people that this is a   

land of  justice and of opportunity for 
all2 that if there be abuses1 they are  
due  not to our form of government1 but 
that the people are themselves to       
blame1 because of their ignorance of    
their rights1 their failure to  realize 
their power1 and their neglect of those 
duties which citizenship  imposes4      
,all over the land earnest men and women
 are endeavoring to teach the great     
truths of ,americanism1 and with        
substantial success2 but those who      
understand human nature realize that the
 faith of our fathers can only be       
firmly established by lighting the fires
 of patriotism and loyalty in the       
hearts of our children4 ,through them   
the great truths of our ,national life  
can be brought into the homes of the    
land4    ,and the ,nation will never be 
safe until the ,constitution is carried 
into  the homes1 until at every fireside
 young and old shall feel a new sense of
  security in the guaranties which are  
found in this great charter of human    

liberty1 and a new feeling of gratitude 
for the blessings which it assures  to  
this1 and to all future generations4    
,,about ,,the ,,authors      ,for a work
 designed to promote education in the   
spirit of ,american  citizenship it     
would be difficult to imagine a more    
competent authorship  than that which   
has been provided for 8,the ,short      
,constitution04 ,either of  the writers 
alone would have produced a book of high
 standing in this  field2 the           
collaboration of the two makes it a     
remarkable production in  its adaptation
 to the subject for home reading1 the   
study club1 and the  school curriculum4 
,it is unique1 and has justly been      
termed 8the first  real attempt to      
popularize ,constitutional law40        
,federal ,judge ,martin ,j4 ,wade has   
had a varied contact with people in his 
long experience as practicing attorney1 
district judge1 member of  ,congress1   
and ,judge of the ,united ,states       
,court4 ,a well known ,iowa  publicist1 

he has gained nation wide fame as a     
public speaker and writer  on           
,americanization and citizenship topics1
 basing his themes on first-hand        
experiences with conditions which have  
produced much unrest throughout the     
,nation4 ,as a member of the ,state     
,council of ,national ,defense during   
the  ,world ,war1 and as presiding judge
 at the trial of many obstructionists in
  that period1 he conceived the idea of 
the need for a school of  ,americanism1 
to teach what our country has done for  
its citizens4  ,clearness and eloquence 
mark his public addresses1 and have     
enriched the  arguments and             
illustrations of this first book of the 
8,elementary  ,americanism ,series04    
,dean ,william ,f4 ,russell was the     
educational adviser sent with a group of
  experts by appointment of the         
,president of the ,united ,states to    
advise  disorganized ,russia during the 
latter part of the ,world ,war2 and also
 one  of the five members of the ,china 

,educational ,commission of ,north      
,america1  sent to ,china in #aiba4 ,his
 course of study in ,american           
citizenship1  written at the request of 
the ,national ,masonic ,research        
,society for use  throughout the ,united
 ,states1 was inspired by the           
observation that the  government in     
,russia1 in contrast with our own1 was  
an agency that took  money for its      
coffers and boys for its armies and gave
 nothing in return4  ,in addition to his
 work as ,dean of the ,college of       
,education of the ,state  ,university of
 ,iowa1 and his record as a widely-known
 lecturer on  educational topics1 he has
 found time to write school texts       
notable for  accurate and concise       
statement1 adapted to arousing and      
sustaining  interest in the student     
mind4    ,the authors have done more    
than present the facts about the        
,constitution  of the ,united ,states1  
with particular emphasis on its personal
 guaranties4  ,they have vitalized a    

topic generally thought to be dry and   
technical4  ,they have succeeded in     
making the ,constitution seem to be what
 it is1 a  factor of first importance in
 the daily life of the average citizen4 
,it is  not too much to say that the    
seed of this book should be planted in  
every  home in ,america4    ,the        
admirable work of annotation by         
,professor ,chas4 ,h4 ,meyerholz1       
,professor of ,social ,science in the   
,iowa ,state ,teachers ,college1 gives  
much  additional material for elementary
 and advanced study4 ,professor         
,meyerholz  is well known as an         
authoritative teacher1 writer1 and      
lecturer on  subjects pertaining to     
government1 and has done much valuable  
,americanization work4    ,the          
elementary and advanced questions at the
 end of each chapter will  serve as a   
guide to all teachers and leaders of    
study classes4 ,the text of  the        
,declaration of ,independence and the   
,constitution of the ,united ,states1   

with the original capitalization and    
punctuation preserved1 and an           
abridgement of a ,state ,constitution1  
printed at the end of the book1 are     
valuable for reference4    ,,the        
,,publisher            ,,preface        
8,the ,short ,constitution0 is one of a 
series of volumes entitled  8,elementary
 ,americanism01 intended for use in the 
home1 the club1 the  school1 and in     
general ,americanization work4    ,it is
 our hope that regular courses in       
8,americanism0 will soon be  established
 in all schools1 colleges1 and          
universities4    ,we use the term       
8,americanism0 because we feel that it  
signifies something  broader1 deeper1   
and more appealing than any title now   
used in the schools  in the teaching of 
,american government1 or citizenship1 or
 the rights and  duties of the citizens 
of the ,united ,states4    ,we like the 
term 8,america0 better than 8the ,united
 ,states04 8,the ,united  ,states0      
suggests boundaries1 codes1 and         

constitutions4 8,america0 suggests  all 
these and then it suggests spirit4      
,there is such a thing as               
8,americanism04 ,it includes all there  
is of information relating to our       
country2 but it also has a soul         
8,americanism0 relates to democracy1    
into  which enter all the ideals1 all   
the impulses and emotions of men1 women1
  and children4 8,americanism0 teaches  
not only the relation of the ,states to 
the ,national government1 and the       
relation of citizens to both the ,state 
and the ,national government1 but it    
also teaches the relation of men1       
women1 and children to each other4      
,this is a government by the people1 and
 therefore we must understand the       
people in order that we1 the people1 may
 govern4    ,to arouse patriotism and   
loyalty we must do more than develop the
 powers  of the mind1 do more than      
expand the field of knowledge4 ,we must 
inspire  in the heart faith1 confidence1
 and love4 ,men must not only learn how 

to  govern1 but they must learn how to  
be governed4 ,we must not only learn to 
command1 but also to obey4 ,our spirits 
must be so molded that we can  submit to
 duly constituted authority1 submission 
to which is the most  lofty expression  
of ,american patriotism4    ,submission 
to authority in ,america is submission  
to law1 for no man in  this country has 
any authority to command or direct a    
fellowman1 except as  the law made by   
the people vests him with such          
authority4    ,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 ,america1 gratitude for
 the rights and liberties which we      
possess1 which are protected by the     
guaranties of a written ,constitution   
adopted by the people themselves4       
,there is only one way in which the     
average person may be brought to see    
what ,america has done for him1 and that
 is by contrasting the rights1          

privileges1 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 wrong4     
,the aim of 8,the ,short ,constitution0 
is to present1 in a form as simple as   
possible1 a definite knowledge of all   
the personal guaranties of the          
,constitution1 with an explanation of   
what they mean1 and what they have  done
 in the advancement of human happiness2 
and a brief explanation of the          
machinery of government provided by the 
,constitution4    ,everyone who         
understands human nature will admit that
 to mold the spirit1  to inspire faith1 
and to excite gratitude training must   
begin in  childhood4 ,the child must    
learn3          7a7 ,what authority     
means4        7b7 ,the source of        
authority4        7c7 ,in whom authority
 rests3 in the parent1 in the teacher1  
and in      public officers selected by 
the people to enforce the authority of  

the community1 the ,state1 and of the   
,nation4        7d7 ,how the authority  
of the people1 the community1 the       
,state1 and      the ,nation is         
expressed through laws which are nothing
 but rules      of human conduct4       
7e7 ,how we should respect authority and
 submit to authority4        7f7 ,how   
and by whom those who will not yield    
obedience to      authority out of      
respect will be compelled to obey by    
punishment4      ,we have adopted a new 
method of presenting this subject4 ,in  
this country  authority is largely      
administered through the courts4 ,judges
 of the courts  construe the            
,constitution and the laws2 and1        
generally with the aid of a  jury1      
determine rights and wrongs1 and enforce
 justice through their  judgments and   
decrees4    ,we therefore feel that the 
subject 8,americanism01 presented       
through the  spoken word of a judge1    
will better gain and hold the attention 
of the  pupil than in any other way4 ,we

 have the teacher invite ,judge ,garland
 to  deliver a series of 8,talks0 to the
 pupils1 which are herein presented4 ,by
  this direct method greater freedom of 
expression is permitted and with the    
aid of notes greater brevity is         
possible4 ,in these 8,talks0            
considerable  apparent repetition will  
appear4 ,this is essential to thorough  
understanding4 ,without reiteration it  
is impossible to accomplish our  purpose
 which is not only to enlighten1 but to 
inspire4    ,our endeavor is to present 
the subject not from the standpoint of  
the  government1 but from the standpoint
 of the people4 ,the rights of the      
people are of first importance in a     
,nation where men1 women1 and children  
are free4 ,the ,state and the ,nation   
have no rights except those given them  
by the people4 ,strictly speaking the   
,nation and the ,states have no         
8rights0 but only the duty to exercise  
certain powers in the protection of  the
 liberties of the people4    ,in        

,america the rights of the people are   
supreme4 ,the state exists for man1  not
 man for the state4    ,to gain         
substantial results we must rely largely
 upon the industry and  enthusiasm of   
the instructors4 ,we are sure they will 
realize that in the  8upbuilding of the 
spirit0 a proper atmosphere must be     
created and  maintained4 ,doctor        
,steiner wisely said1 8,religion cannot 
be taught1 it  must be caught04 ,in     
other words religion is of the spirit2  
so is  patriotism4 ,always bear in mind 
that in presenting the ,constitution we 
are teaching human rights under the     
,constitution4    ,it is more than a    
century since the ,constitution was     
ratified1 and1 so far  as we have       
knowledge1 this is the first direct     
attempt to translate its  guaranties    
into the language of the ordinary man1  
woman1 and child4 ,we  demand respect   
for1 and loyalty to the ,constitution1  
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 children4    ,,the     
,,authors            ,i4 ,,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 school4 ,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 law1 the    
rights1 the powers1 and the duties  of  
the people4 ,a real live judge was      
coming6 ,most of the children had  never
 seen a judge4 ,the word inspired a sort
 of dread4 ,they had read of  men being 
sentenced to prison4 ,they expected to  
see a fierce1 hard-hearted  man4 ,some  
of the younger children had wondered if 
it would be possible to  stay away from 
the assembly room when the judge was    
there1 but the teacher  said that       
everyone should be present4 ,so         

important was the subject that  the     
teachers were to be there1 too2 and many
 fathers and mothers that  could spare  
the time were also invited4 ,the        
principal had said that he  would not   
miss a meeting4    ,so when ,friday came
 the assembly room was crowded4 ,all the
 pupils and  teachers were there1 and in
 the rear of the room were a few of the 
parents4 ,the door opened and the       
principal of the school entered4 ,by his
  side was a man whose gray hair and    
serious countenance told of years of    
responsibility4 ,he did not appear      
8fierce04 ,rather his face was kind and 
his eyes twinkled as he ascended the    
platform and stood looking out over  the
 faces before him4    ,the principal    
introduced ,judge ,garland who bowed and
 began his series of  talks to the      
children4    ,well my friends1 ,i am    
glad to see you4 ,i am delighted to be  
back in a  school room again4 ,it is    
many years ago1 though it seems but a   
short time1  since as a schoolboy ,i sat

 in a school room like this1 among boys 
and  girls like you4 ,i suppose that ,i 
studied about as you study1 and did not 
recite any better than you recite4 ,i   
thought ,i had to work very hard1 and   
,i remember that ,i often looked out of 
the open window of the school room  when
 the summer sun was warm1 and ,i thought
 ,i could hear the trees1 the  grass1   
the stream1 and even the fish calling me
 to quit study and come out  to joy and 
freedom4 ,i know it was a real          
temptation4 ,i could have had a  good   
time1 but ,i have often been glad since 
that ,i obeyed my teacher1 my  parents1 
and the law1 and continued my studies in
 school4 ,i am glad1  because ,i now    
realize how much easier1 how much       
happier1 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 play47#a7    ,since    
those pleasant school days ,i have seen 
much of human life4 ,on the  bench now  
for over twenty-five years1 ,i have been

 compelled to deal with  all sorts of   
people1 even the little children who    
early in life sometimes  drift from the 
path of right to ways of wickedness4 ,i 
have served as judge  of the ,juvenile  
,court1 and judge of the court in which 
the worst criminals  are tried4 ,i have 
heard the cases of thousands of persons 
on trial for  crimes1 men and women1    
young and old4 ,i have sent hundreds to 
prison1 and  ,i have been compelled to  
sentence some to death4    ,in this     
experience1 ,i have learned something of
 how easy it is1 unless we  are on our  
guard1 to sin against the laws of our   
country1 and against the  laws of ,god4 
,i have observed that the average person
 does not fully  appreciate the value of
 liberty until he is about to lose      
it47#b7    ,i also know that most people
 do not know the worth of the protection
 which  our ,constitution gives to each 
one of us1 until someone is about to    
take  away their right to life1 or to   
liberty1 or to property2 and then they  

cry  out for help4 ,if they are right in
 their appeal1 they always find help in 
the ,constitution and in the law of the 
land4 ,yet it is true that there is     
much real ignorance about our country1  
our ,constitution1 and our laws4  ,there
 is even much ignorance of these things 
among people who are supposed  to be    
well educated4    ,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 week1 to talk to you  
about our  country1 our ,constitution1  
and our laws4 ,i am happy to be able to 
comply  with her request4 ,it is a      
difficult subject for children1 yet     
children  must study these things1 and  
learn them4 ,there is no more important 
subject47#c7    ,one of the chief       
objects of furnishing free education to 
children1 rich  and poor1 is to make of 
them good law-abiding citizens2 citizens
 who know  what authority is2 citizens  
who will obey the voice of authority2   
citizens  who realize that authority in 

this country rests in the people        
themselves2  citizens1 men and women1   
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  
world47#d7    ,no ,american child should
 leave school without a full knowledge  
of the  government of our country2 nor  
until he has in his heart loyal devotion
 to  ,america1 and to the ,stars and    
,stripes1 the emblem of the free4    ,of
 course ,i do not expect you to learn   
all there is to be known about your     
government4 ,however ,i do expect you to
 know the great fundamental truths      
which after all are very simple and     
easily understood4    ,i am not         
endeavoring to make lawyers4 ,i am not  
trying to train you to  become lawyers4 
,you know nearly all the children in the
 ,american schools  have to learn       
something about physiology and hygiene1 
but not in order to  become doctors4    
,they study physiology and hygiene in   

order to understand  the ordinary rules 
of health1 so that they may protect     
themselves as far  as possible against  
disease and take care of their bodies   
intelligently4  ,of course sickness will
 come4 ,then you must call the doctor4  
,well1 so it is in this course4 ,i want 
you to know enough about your           
government1 your ,constitution1 and your
 laws--because these things are         
yours--so that you1 as members of this  
great society called ,america1 will  be 
able to understand your rights and      
duties1 your privileges1 your           
opportunities1 and your obligations4    
,sometime in your life your problem  may
 become so difficult1 or your rights may
 become so endangered1 that you  will   
have to call upon a lawyer1 just as when
 illness comes you call upon  your      
physician47#e7    ,no one knows anything
 of real worth about his country until  
he knows its  ,constitution4 ,no one can
 have in his heart a full measure of    
gratitude for  the blessings of living  

in a free country1 until he knows of how
 fully the  ,constitution guards every  
right and privilege which we hold dear4 
,so we  shall enter upon the study of   
the ,constitution of our country4       
,but in order that you may better       
understand the ,constitution of your    
country1 in order that you may better   
study the problems which will be        
presented to you in this course1 it is  
necessary for you to understand         
something1 in a general way at least1 of
 four separate  things--,government1    
,liberty1 ,authority1 and ,law4 ,so     
before talking  to you of the           
,constitution1 ,i shall talk to you on  
these subjects47#f7    ,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 use4 ,it will be  necessary for me  
to repeat to some extent1 from time to  
time1 but ,i feel  satisfied that if we 
will work together in the right spirit1 
you will find  the matter interesting2  

and ,i am sure that the great truths1   
the great  principles of life1 conduct1 
and action will soon become clear to    
your  minds4    ,the important thing to 
realize at all times is that we are not 
talking  about something away off in    
which we have slight interest1 but that 
we are  talking of things which are     
ours1 which affect every one of us1 not 
in the  future1 but now4    ,i can      
recall a number of faces of men who have
 been before my court  charged with     
crimes1 who in childhood were sitting   
where you are sitting  to-day4 ,i have  
sentenced some of them to long terms of 
years in the  penitentiary4 ,i was      
compelled to take away from them their  
liberty1  because they had shown        
themselves unworthy1 and had shown      
themselves  rebels against the authority
 of their country4    ,on the other     
hand1 ,i recall those who came into     
court seeking protection  of their      
rights against wrongdoers--against those
 who would take away their  property1   

the earnings perhaps of a lifetime2 and 
in court they found  protection1        
justice1 and right4 ,but in             
administering justice and right1  the   
court was only applying the principles  
of the ,constitution of our  country    
which we are about to study4    ,so let 
us enter upon this work with a          
determination to succeed in our         
undertaking4 ,you know that has a great 
deal to do with our success in  life--a 
determination to succeed4    ,when you  
boys take your baseball team to play the
 team of some other  school1 you start  
for the baseball park determined to win 
the game2 and1  if you keep up this     
spirit1 you probably will win the game4 
,in any event1  you play a real game of 
which your friends are proud4 ,that is  
the way to  meet all the problems of    
life1 whether in the school room1 or out
 in the  world after you have entered   
upon the great battles of life4         
,,elementary ,,questions    #a4 ,did you
 ever see a judge8 ,would you be afraid 

of a judge8 ,why8    #b4 ,what are the  
duties of a judge8    #c4 ,why did the  
judge say1 8,but ,i have often been glad
 since1 that ,i obeyed  my teacher1 my  
parents1 and the law1 and continued my  
studies in school08  ,why do boys and   
girls go to school8 ,why is the public  
willing to pay large  sums of money to  
pay teachers1 buy books1 build school   
buildings1 and keep  them open8    #d4  
,what law was it that the judge said he 
was glad that he had obeyed8    #e4 ,why
 did the judge send hundreds to prison8 
,why was he compelled to  sentence some 
to death8    #f4 ,what are the          
advantages of staying in school8 ,what  
more do you know  when you graduate from
 elementary school than those who quit  
earlier8  ,should one try to graduate   
from high school8 ,why8    #g4 ,the     
judge says that one of the chief        
purposes of school is to make  good1    
law-abiding citizens4 ,think of some    
person you know who is a 8good1         
law-abiding citizen02 think of some one 

who is not2 name five ways in  which    
they are different4    #h4 ,have you    
read the ,constitution of the ,united   
,states8 ,should a good1  law-abiding   
citizen know what is in the             
,constitution of the ,united ,states8   
#i4 ,the judge says that we owe a duty  
to our country4 ,list five duties that  
a school pupil owes to his father and   
mother1 five that he owes to his        
teacher1 and1 if you can1 list five     
duties that all of us owe to our        
country4    #aj4 ,the judge says that   
the ,constitution guards every right and
 privilege  that we hold dear4 ,can you 
name any rights or privileges that you  
hold  dear8    ,,advanced ,,questions   
,a4 ,why do we say that the ,united     
,states is the 8land of the free08 ,why 
does the judge say that it is the most  
free and just country in the world8     
,b4 ,how are judges selected8 ,to whom  
are they responsible8 ,what are their   
duties8    ,c4 ,what are likely to be   
the results of poor schools8    ,d4     

,should a parent have a right to give a 
child as poor an education or as  little
 schooling as he may desire8    ,e4 ,why
 do some ,states require children to    
study physiology and hygiene8 ,is  there
 as good an argument for a study of the 
,constitution8    ,f4 ,why does the     
judge say1 8,no one knows anything of   
real worth about his  country until he  
knows its ,constitution08    ,g4 ,the   
judge says that good citizens know what 
authority is4 ,give an  illustration of 
a child1 a student1 and a citizen who   
knows what authority  is4 ,define       
authority4 ,give an illustration of a   
man who does not respect  authority4    
,h4 ,when is a country a 8free country08
 ,what is a 8just country08 ,how can a  
judge justify himself in a free country 
when he sends some men to prison1       
thereby taking away their freedom8      
,i4 ,how can an ,american protect his   
liberties8 ,what steps must he take8    
,j4 ,prepare a paper on one of the      
following subjects3          ,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 ,constitution4      
,why ,everyone ,should ,study the       
,constitution        ,what a ,law ,is1  
,where ,it ,comes ,from and ,its ,value 
,,ii4 ,,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 8the government04 ,they have so
 many absurd notions about what  the    
government is1 and where it is1 that ,i 
do not wonder that children do  not     
understand4 ,if ,i could look into the  
mind of each child here this  morning1  
,i am sure ,i would find many that      
picture the capitol at  ,washington1 the
 ,president1 or some other officer as   
being the government4  ,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  government1 but they  
are not the government47#g7    ,the     
government of the ,united ,states is    
merely the agency by which and  through 
which the people protect their own      
rights and liberties4 ,our  government  
may be said to be the organized will of 
all the people4 ,the  people govern in  
this country1 and the men and the means 
by which they  govern all combined may  
be said to be the government4 ,but do   
not ever  forget this fact3 the         
,president is not a master1 but a       
servant4 ,the  ,president1 ,senators1   
congressmen1 and judges1 in the ,nation2
 the  ,governors1 ,state ,senators1 and 
,state ,representatives in the ,states  
are  only agents or servants of the     
people to carry out the people's will4  
,also  do not forget that the power of  
government does not rest in ,washington1
  the capital of the ,nation1 nor at the
 capitals of the different ,states4     

,the power of government exists all over
 these ,united ,states4 ,the power of   
government exists right in the homes and
 hearts of the people47#h7    ,the      
,president has no power except that     
conferred upon him by the  ,constitution
 and the laws which the people have     
adopted4 ,neither have the  ,senators1  
the congressmen1 nor the judges any     
power except that given by  the people1 
and the people at any time can take away
 any part of the power  given4 ,when ,i 
say the people1 ,i mean of course all   
the people4 ,not that  all the people   
must agree to any law to have it        
enacted4 ,the majority of  the people   
make the laws as a rule4 ,we shall take 
this up later and  consider it fully4   
,government is power to exercise        
authority4 ,authority is  in the people1
 and the authority of the people is     
expressed as they want  it in laws which
 they make4    ,but what is government  
for8 ,why have any government8          
,government is organized to protect     

human rights47#i7 ,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    
enough1 powerful enough1 and wise       
enough to resist any person who might   
undertake to interfere with your        
rights2 but we are not all giants and we
 are not all wise4 ,in fact there  are  
very few giants in the world4 ,it is    
true1 however1 that some are  bigger and
 stronger than others2 and sometimes    
these big1 strong people  are selfish1  
wicked1 or envious4 ,they see that a    
weaker person has  something which they 
want1 and being big and strong1 if there
 were no law  to restrain them1 they    
would take it4    ,now if you have a    
bicycle and some full-grown1 strong1    
brutal man were to  come into your yard1
 take your bicycle1 and start away with 
it1 what would  you do8 ,you might      
protest4 ,you might beg him not to take 
your property1  but this would probably 
do no good4 ,a thief does not stop when 

he is asked  to by the owner of the     
property he is stealing1 nor is a thief 
influenced  by the fact that his act is 
wrong4 ,in fact doing wrong is the      
business of  a thief4    ,so there being
 many strong people in the world and    
many weak people1 many  wise people1 and
 many simple people1 the full grown and 
the children1 and  many1 many people who
 are not guided by rules of right or    
morality or  justice1 you can see how   
necessary it is that someone shall      
provide rules  and regulations under    
which the weak1 the simple1 and the     
young may be  protected from the strong1
 the brutal1 and the wicked who would   
deprive  their neighbors of their rights
 or their property1 simply because they 
had  the power to do it4 ,this is what  
the government does4    ,there have been
 times in the world1 hundreds and       
thousands of years1  during which the   
strong governed the weak1 made the weak 
their slaves1  took from the weak the   
earnings of their toil2 but our         

government exists  for the very purpose 
of restraining the strong and protecting
 the weak1 so  that their rights are    
equal4 ,every man is free and no man is 
a slave4    ,therefore always keep in   
mind that the purpose of government is  
to protect  the people of all classes   
and ages so that1 so far as possible1   
all may be  equal in their right to do  
the things they want to do1 own the     
things they  want to own so far as they 
are able to produce or procure them1    
think the  things they want to think1   
and speak the things they want to speak4
 ,in  other words1 government is to     
protect our freedom against the wrongs  
of  others4    ,now we must not have the
 notion in our mind that the government 
has  anything to do with who shall work1
 or who shall play1 or who shall idle4  
,occupations in life are not selected by
 the government4 ,each person           
determines this for himself4 ,that is   
one of the privileges which we have  in 
a free country1 to select our own       

occupations2 and as you go through  life
 you will find that what appear to be   
the higher or better occupations  are   
usually earned by industry1             
faithfulness1 and honesty47#aj7    ,i am
 going to talk to you some day about    
occupations in life so that you  will   
understand that our place in life is    
selected by ourselves1  determined by   
our efforts and our conduct4 ,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 job4    ,but how did our      
government come into existence8 ,what   
was the beginning8  ,well1 it is all    
very simple if we only get right down to
 elementary  principles1 if we only     
8begin at the beginning04 ,perhaps your 
father is a  ,woodman1 or an ,odd       
,fellow1 or a ,knight of ,columbus4     
,perhaps he is a member  of the         
,american ,federation of ,labor4        
,perhaps your mother belongs to the     
,eastern ,star1 or the ,p4 ,e4 ,o4      

society4 ,perhaps you belong to some    
school  fraternity1 debating society1 or
 neighborhood club1 the ,boy ,scouts1 or
 the  ,camp ,fire ,girls4    ,now let us
 go back a few years4 ,none of these    
societies were in existence4  ,where did
 they come from8 ,one day1 years ago1 a 
few men and women1 or boys  and girls1  
met perhaps in some home1 or the office1
 and talked over the  plan which perhaps
 had been suggested by some one present 
at the meeting4  ,after discussion1 it  
was decided to form an organization4 ,i 
have no doubt  that most of you have had
 such an experience4 ,the beginning of  
each  society was merely an idea in the 
mind of some one4 ,he or she talked of  
it  to some one else1 and the discussion
 extended until enough of interested    
persons came together to complete an    
organization and give it a name4        
,what was the first step in perfecting  
the society or organization8 ,it was    
the preparation of a written statement  
of the purposes and principles of  the  

organization1 which is usually called a 
constitution4 ,when the  constitution   
was completed1 usually by a committee1  
all those about to  become members of   
the society met and talked it over4     
,changes probably  were made and the    
constitution finally adopted4 ,probably 
some voted  against it1 but those who   
did vote against it recognized that they
 should  be bound by the judgment and   
will of the majority47#aa7    ,laws1 or 
by-laws1 as they are generally called1  
were then adopted to  govern the conduct
 of the members in their relation to    
each other and to  the society4 ,these  
by-laws have been amended from time to  
time ever since1  and perhaps at all    
times some of the members have believed 
that the  by-laws should be different1  
but they have submitted to the will of  
the  majority4    ,so with the ,united  
,states4 ,there was a time less than one
 hundred and  fifty years ago when there
 was no such thing on earth4 ,a         
comparatively few  men1 representing the

 people of the former colonies1 decided 
to form a  ,nation1 and in the          
,constitutional ,convention after months
 of discussion1  the ,constitution was  
adopted1 and it was finally ratified by 
the people of  the ,states4 ,while many 
persons opposed some of the provisions  
of the  ,constitution1 all submitted to 
the will of the majority4               
,thereafter1 rules of conduct called    
laws--in your society by-laws--were     
adopted1 and from time to time changed  
and extended as circumstances  seemed to
 demand4 ,we are going to talk about    
these laws in a few days4    ,but there 
is the whole story4 ,there is the simple
 beginning of this now  great ,nation1  
the most powerful on earth4    ,so you  
see there is nothing mysterious about   
the origin of our  ,constitution4 ,there
 is nothing mysterious about the origin 
or the  organization of this government4
 ,the important thing to bear in mind is
  that it was formed by the people for  
themselves4 ,humanity1 after thousands  

of years1 had reached a point where they
 refused longer to be governed by  a    
king or similar ruler4    ,all this will
 become more clear to you as you        
understand something of the  nature of  
liberty and of law4    ,,elementary     
,,questions    #a4 ,what is the         
government of the ,united ,states8 ,why 
isn't the capitol at  ,washington the   
government8 ,why is it impossible to    
point out the  government of the ,united
 ,states upon the map8    #b4 ,what is a
 servant8 ,describe a servant4 ,why does
 the judge say that the  ,president of  
the ,united ,states is only a servant of
 the people8    #c4 ,was the ,kaiser a  
servant of the ,german people8 ,why not8
    #d4 ,where does the ,president get  
his power8 ,where do members of         
,congress  get their power8 ,judges8    
,the ,sheriff8 ,the ,mayor8    #e4 ,if  
we do not like what our servants do1 how
 can we control them8    #f4 ,what is   
government in a school8 ,in a club8     
,what would it be like if  there were no

 government in either8 ,name five       
advantages of having a  government4     
#g4 ,suppose that you were like         
,robinson ,crusoe1 except that five of  
you  were shipwrecked4 ,would you form a
 government8 ,why8    #h4 ,if you were  
tie write a constitution1 what would you
 include8    #i4 ,suppose that a man    
came into your yard and tried to steal  
your bicycle1  what could you do to     
protect your rights8    #aj4 ,do all    
people do what they think is right8 ,how
 can you tell what is  right and wrong8 
,,advanced ,,questions    ,a4 ,what is  
the purpose of government8    ,b4 ,why  
is it wrong for the great and powerful  
to govern the small and  weak8 ,does    
might make right8    ,c4 ,which would be
 the better government1 one based upon  
might makes right1  or one based upon   
right makes might8 ,why8    ,d4 ,how can
 right make might8    ,e4 ,in a free    
country can the government prescribe    
what occupations in life  the people    
must follow8 ,how are the higher and    

better occupations acquired  in         
,america8    ,f4 ,how did the ,american 
government come into being8    ,g4 ,how 
would you organise a literary society8  
,list the steps in detail4  ,would you  
have a constitution8 ,what should be    
included in any  constitution8    ,h4   
,discuss the effect of a sudden         
breakdown in government4    ,i4 ,what   
were the first steps in the actual      
organisation of the government  of the  
,united ,states8    ,j4 ,write a paper  
on3          ,the ,ways in ,which the   
,postmaster1 ,superintendent of         
,schools1      ,sheriff1 ,coroner1 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          
,,iii4 ,,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 people4 ,i  
wish that every child would learn  from 
the ,declaration of ,independence the   
following3    8,we hold these truths to 
be self-evident1 that all men are       
created equal1  that they are endowed by
 their ,creator with certain unalienable
 ,rights1  that among these are ,life1  
,liberty and the pursuit of ,happiness4 
,that to  secure these rights1          
,governments are instituted among ,men1 
deriving their  just powers from the    
consent of the governed407#ab7    ,this 
expresses the whole purpose of          
government--to secure the right to      
life1 to liberty1 and to happiness4     
,i suppose every child here would like  
to be rich some day4 ,a great many      
people feel that riches bring happiness4
 ,the experience of men1 however1  is   
that riches more often bring            
disappointments1 burdens1 and grief4    
,what is the most valuable thing in the 
world8 ,it is not money1 lands1  nor    
jewels4 ,the most valuable thing in the 

world is human liberty4 ,i do  not      
believe that we1 born here in ,america1 
realize the value of human  liberty4 ,it
 comes to us as a heritage4 ,we accept  
it as we accept the  sunlight1 the      
springtime1 the harvest4 ,i am afraid   
that we seldom stop to  recall the fact 
that the great blessing of human        
liberty1 as we have it  here in         
,america1 did not exist before our      
,nation was born4 ,always remember  that
 there were thousands of years before   
our country came into being1  when the  
people1 men1 women1 and children living 
in many countries of the  world and     
under many forms of government dreamed1 
hoped1 and prayed for  freedom4 ,but it 
never came to them4 ,they lived1        
labored1 and died under  kings and      
emperors1 or other rulers1 never having 
any power1 or at most  very limited     
power1 in making the laws under which   
they were compelled to  live47#ac7      
,to a considerable extent the history of
 the world is a sorrowful story of  men 

who fought and died in struggles for    
liberty1 the same liberty which  we in  
this country enjoy4 ,we must not forget 
that freedom in this ,nation  was       
obtained only through war1 bloodshed1   
and sacrifice4    ,now what is this     
liberty for which men have fought and   
died8 ,it is liberty  of thought1       
liberty of speech1 liberty of           
conscience1 liberty of action1  liberty1
 as the ,supreme ,court of the ,united  
,states says1 8of all the  faculties04  
,men wanted the right to form their own 
opinions and to express  them in speech 
or in writing4 ,they wished to worship  
,god according to the  dictates of their
 own consciences1 and not as directed by
 the ruler of the  government4 ,they    
wanted to work in employments of their  
own choice1 to  have their own earnings 
for themselves and their families1      
instead of  having it taken as tithes or
 taxes to buy purple robes for some     
monarch  upon a throne4 ,they wanted the
 right to own property1 to own a home2  

and  they hoped and prayed for the day  
when their children might have a chance 
to advance in life according to their   
merits4 ,they hoped some day to have    
the door of opportunity open to the son 
of the poor man as well as the  rich4   
,they hoped to see class and privilege  
wiped away47#ad7    ,these were the     
things that men and women throughout the
 centuries  struggled for1 but which    
were never attained in the whole history
 of the  world1 by any race or by any   
nation1 until ,america opened its doors 
to all  the peoples of the earth1       
guaranteeing to them all the blessings  
which had  been so long denied to the   
human race4    ,you will understand     
better the functions of government with 
relation to  human liberty if you will  
realize that human liberty is a natural 
right4  ,it comes from no man and no    
government4 ,it is 8,god given04 ,men   
are born  free4 ,the love of freedom is 
in every human heart4 ,again recall the 
words  of the ,declaration of           

,independence--8all men are created     
equal 444 they are  endowed by their    
,creator with certain unalienable       
,rights01 among which is  liberty4      
,america does not confer liberty upon   
the individual4 ,america realizes that  
the individual possesses the right to   
liberty1 and the whole structure of  the
 ,american government is framed with the
 special purpose of protecting  each    
individual in his natural liberty47#ae7 
,now there is no danger to the liberty  
of any one except from two  sources--the
 wrong of a fellowman1 or the wrong of  
the government1 which in  this country  
is a mere organization of men and women 
and children4 ,here we  see emphasized  
the necessity for law in order to       
protect the liberty of  the individual4 
,government is organized to protect     
individuals in their  liberties4 ,this  
protection is furnished by laws enacted 
by the people to  protect the weak      
against the strong1 the good against the
 evil2 and in  this country the same law

 applies to every individual4 ,there are
 no  special laws for special classes2  
every one is equally interested in      
having these laws as just and fair as   
possible4 ,liberty under law is the     
privilege of doing everything one wishes
 to do1 except in so far as his  acts   
may interfere in some way with like     
privileges of those who are about  him  
in society4    ,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 home4 ,of course liberty 
could not be fully established in this  
country  until the ,nation was fully    
established1 until the ,constitution was
  adopted1 until laws were enacted2 but 
from the adoption of the  ,constitution 
to the present time the people have     
enacted laws from time to  time1 and    
still enact laws1 the better to protect 
every man in his liberty  and to enlarge
 his opportunities in life4    ,now in  
order to understand clearly how the     

liberties of the people are  protected  
through our government1 we must         
understand the nature and form  of our  
government2 and this subject we must    
take up at our next meeting4            
,,elementary ,,questions    #a4 ,what is
 your idea of the right to 8life08 ,does
 it mean that no one  shall ever be     
sentenced to death for murder8    #b4   
,what is your idea of the right to      
8property08 ,does this mean that        
everyone shall be wealthy8 ,does it mean
 that everyone shall own his own  home8 
#c4 ,what is your idea of the right to  
8pursuit of happiness08 ,does this  mean
 that everyone can do as he pleases8    
#d4 ,why does the judge say that liberty
 is the most valuable thing in the      
world8 ,what would you trade for it8    
#e4 ,note the dangers to liberty that   
the judge points out4 ,what are they8   
#f4 ,give an illustration of each of    
these dangers4    #g4 ,how may we       
protect ourselves against these dangers8
    #h4 ,where does this liberty that we

 enjoy come from8 ,who grants it8       
,,advanced ,,questions    ,a4 ,in what  
particular ways does the ,constitution  
of the ,united ,states  guarantee       
liberty8    ,b4 ,what forms of          
government existed before the ,united   
,states8 ,what  liberties did the people
 of ,russia1 or ,france1 or ,england    
enjoy in #afjj8    ,c4 ,who really      
possesses the power of government in the
 ,united ,states8    ,d4 ,how is the    
liberty of the individual protected in  
the ,united ,states8    ,e4 ,in what    
ways were the people of ,massachusetts  
in #afej not as free as we  are to-day8 
,f4 ,what does it mean when we say 8all 
men are created equal08    ,g4 ,discuss 
the real meaning of the right to 8,life1
 ,liberty and the pursuit  of           
,happiness04    ,h4 ,write a paper on3  
,ways in ,which ,we ,have an ,equal     
,chance        ,how ,we ,can ,make      
,chances ,still ,more ,equal        8,i 
hope to see the time when every         
,american citizen will have an          

unfettered start and an equal chance in 
the race of life40--,abraham            
,lincoln        ,the ,meaning of        
,liberty        ,a ,week in a ,land     
,where ,there ,is ,no ,liberty          
,,iv4 ,,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  is4 ,we must also understand  
its nature4 ,it is the proud boast of   
,america  that it is a democracy1 the   
first real democracy in the world4 ,now 
what is  meant by a democracy8 ,we hear 
much about democracy1 and we hear much  
about  republicanism1 and many people   
when they hear or see these terms think 
that it has to do with the ,democratic  
or ,republican political party4 ,we     
must not be confused4 ,we must see and  
think clearly4 ,democracy and           
republicanism1 as we use the terms in   
these talks1 have no reference to  any  
political party1 but relate solely to   

the form of government under  which we  
live4    ,america is a democracy4 ,it is
 also a republic1 as we shall see in our
 next  talk4 ,it is very important that 
we shall understand why it is a         
democracy1  and why it is also a        
republic1 and the distinction between   
the two4    ,it has been well said that 
republicanism in government 8refers     
rather to  the form of government01 and 
that democracy refers to the 8spirit of 
government04 ,in government as with the 
people the spirit is the real1          
important thing4 ,in a democracy the    
people govern4 8,a government of the    
people1 by the people1 and for the      
people01 as ,lincoln expressed it1 is a 
democracy4 ,in a democracy no man is the
 master of another man without his      
consent4 ,in a democracy there are no   
slaves4 ,in a democracy each and all    
have equal rights4 ,every one in a      
democracy has an equal opportunity with 
every other person47#af7    ,you have   
already learned that in this country the

 people make the laws4 ,in  the making  
of laws the banker and the man who digs 
in the sewer have the  same power4 ,each
 has one vote on election day1 and no   
more4 ,america has no  rulers except the
 people4 ,in a democracy the spirit of  
all should be one  of toleration and    
kindness4 ,all of us cannot have things 
just as we want  them in this world4    
,men do not all agree1 so we must let   
the majority of  the people rule4 ,but  
the majority should not have any feeling
 of  superiority4 ,the majority should  
be inspired by a sense of justice and   
charity toward their fellowmen4 ,in fact
 a democracy is a brotherhood in  which 
each person should think1 not only of   
himself1 but of his neighbor4  ,in this 
democracy the more we think of the      
rights of our neighbor and the  more we 
think of our duty toward our neighbor1  
the better will our  government be4     
,in a democracy we live in the belief   
that all men are created equal1 that    
all through life they are equal in their

 rights1 in their duties1 and in  their 
privileges4 ,i do not mean of course    
that all men are equal in  physical     
strength1 because you who run and       
wrestle every day know that  some are   
stronger than others4 ,i do not mean    
that all are equal in the  powers of the
 mind1 because some of us here this     
morning1 even some who  study hard1 know
 that other pupils get higher marks in  
every examination4  ,nor do ,i mean that
 all are equal in wealth1 in health1 or 
in comforts4    ,what ,i mean is1 that  
so far as life and liberty are          
concerned1 in our  rights under the law1
 in our protection under the law1 we are
 all equal4    ,in a democracy the      
people make the laws1 and the people    
enforce the laws4  ,as we shall         
hereafter see1 every man who takes part 
in making a law1 and  every one who aids
 in enforcing the law is selected by the
 people4 ,but the  great thing about a  
democracy is the spirit of the          
people--the feeling of  the people      

toward each other4 ,pride of wealth1    
position1 race1 or creed  has no place  
in a democracy4 ,every person should    
feel sympathy and charity  for his      
neighbor1 and for his neighbor's        
problems in life4    ,we should all be  
willing to help those who may be less   
fortunate4 ,we  should all endeavor to  
make our neighbor's life as easy as     
possible4    ,a democracy cannot be a   
government by groups3 it must be a      
government by  every one4    ,now ,i do 
not mean to say that we in this country 
all have the proper  feeling toward our 
neighbor4 ,we are not all good citizens 
of a democracy4  ,many people have      
pride1 selfishness1 and hate4 ,many     
people do not seem to  care how the rest
 of the world lives4 ,such people are   
not worthy to have  the privileges of   
living in a democracy4 ,many people are 
also ignorant in  matters of government4
 ,they do not seem to care what kind of 
a government  we have4 ,in fact many    
people will not vote on election day4   

,it is because  of pride1 selfishness1  
hate1 ignorance1 and indifference that  
,i am here  talking to you to-day4 ,this
 is a wonderful government1 but it can  
be made  much better1 with more freedom 
and more justice1 if the people will    
only  learn more about their power and  
their duty1 especially if they will only
  cultivate the right spirit--the spirit
 of ,america1 the spirit of justice1    
humility1 kindness1 and charity4        
8,love thy neighbor as thyself0 is not  
only a ,christian duty1 but it is the   
foundation of social life in a          
democracy4 ,you will find when you      
become  acquainted with life that       
success in life does not depend upon    
money1  clothes1 nor social position1   
but that in this ,american democracy    
real  merit wins4 ,more and more are we 
learning every day that true happiness  
comes only from service1 service to     
humanity1 service to our country1 and   
this spirit of service must be developed
 in childhood1 and expand as we  grow to

 manhood and womanhood4    ,that was a  
nice thing you did the other day1 here  
in this school1 when you  put your      
pennies and your nickels together1      
bought a ton of coal1 and sent  it to   
the widowed mother of one of your       
schoolmates who had been sick for       
several weeks4 ,he is just a poor       
,polish boy2 but when in health he ran  
errands before and after school4 ,this  
helped to support his mother and his    
little sister4 ,i am sure that he thinks
 of you every day2 and that he  often   
thanks ,god that his father1 who died   
last winter1 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 obscure4    ,i 
told you a while ago that this is the   
first real democracy in the world4  ,so 
few people stop to think about this4    
,the world is thousands of years  old4  
,humanity in all these thousands of     
years has been made up of men1  women1  
and children just like us4 ,they hoped  

for1 and dreamed of freedom1  but until 
,america became a ,nation no government 
in the world had ever been  a real      
government by the people4 ,they had     
always been ruled by a king1 a  queen1  
an emperor1 by some other ruler1 by a   
small group of men who were  rulers1 or 
by a certain class4 ,your father may be 
a blacksmith1 or a  street sweeper1 but 
on election day he can vote4 ,up to the 
organization of  this government no such
 right existed anywhere in the world4   
,in some  countries1 a few men who owned
 a certain amount of property could     
vote2  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   
not4    ,always remember this1 too1 that
 even when ,america became a ,nation1   
the  right of all the people to vote was
 not granted at once4 ,many of our      
,states for many years required that a  
voter must have a certain amount of     
property4 ,finally this was all wiped   

away4 ,america has been a growth1 each  
generation doing a little more to expand
 the power of the people1 and this      
growth1 this expansion must continue4   
,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 live4    ,when you hear of other     
democracies now existing in the world1  
remember  that ,america has been their  
guide and inspiration4 ,men came from   
,france to  help fight our revolution1  
and carried back with them the spirit of
  ,america4 ,in time democracy was      
established in ,france4 ,so with all the
  countries in the world which to-day   
have a greater or less degree of        
democracy1 to them all1 ,america has    
been a beacon light1 a source of        
courage and of inspiration4 ,did any of 
you ever see the great ,statue of       
,liberty at the entrance to the ,new    
,york harbor8 ,if you did1 you saw that 
grand figure looking out to the east    
over the great expanse of water1        

holding aloft the great torch which in  
the darkness of the night is aglow  with
 light1 the great flaming torch1 which  
is emblematic of ,america  enlightening 
the world4    ,,elementary ,,questions  
#a4 ,which was the first real democracy 
to be established in the world8    #b4  
,what is a democracy8 ,what is the      
difference between 8democracy0 and a    
8,democrat08    #c4 ,who governs in a   
democracy8    #d4 ,in a democracy1 who  
makes the laws8    #e4 ,how is power in 
government expressed in a democracy8 ,in
 ,america1 does  one man have more power
 than another8    #f4 ,how many times   
can a person vote on election day8      
#g4 ,suppose ,congress or the           
legislature in our ,state passes a law  
that we  do not like4 ,do we have to    
obey it8 ,what can we do about it8 ,how 
can we  secure a change in the law8     
,,advanced ,,questions    ,a4 ,what does
 8government of the people1 by the      
people1 and for the people0  mean8      
,b4 ,what is the proper spirit of people

 who live in a democracy8    ,c4 ,what  
is meant by 8the majority of the people 
rule08    ,d4 ,what would happen if the 
minority should rule8 ,lincoln said that
 this  meant anarchy4 ,why8    ,e4 ,does
 the minority have any rights8 ,should  
the majority pay any  attention to them8
 ,why or why not8    ,f4 ,who enforces  
laws in a democracy8    ,g4 ,why is it  
said that the best way to get rid of a  
bad law is rigidly to  enforce it8      
,h4 ,what is the result of not casting  
your ballot on election day8    ,i4 ,it 
is a fact that from election to election
 there is an increasing  percentage of  
the qualified voters who do not vote4   
,what is the danger of  this8 ,what is  
it likely to lead to8    ,j4 ,write a   
paper on3          ,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            ,v4 ,,america--,a 
,,republic              ,a              

,representative ,form ,of ,government   
,under ,the ,constitution      ,as ,i   
stated to you in our last discourse1    
,america is a democracy1 but it  is also
 a republic4 ,it is a democracy in its  
spirit and the power of its  people1 but
 in the mode of exercise of the power of
 the people it is a  republic4 ,we often
 hear ,america referred to as a         
8representative  democracy04 ,if        
,america were merely a democracy there  
would be no fixed  method for expressing
 the wishes or the power of the people4 
,in a pure  democracy1 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 good4    ,you will hear 
of the 8town meeting0 which even to-day 
in some parts of ,new  ,england is held 
from time to time1 where the people     
assemble1 and by vote  decide matters of
 public concern4    ,but this is now a  
,nation of more than one hundred and    
five million people4  ,we have          

forty-eight ,states1 many of them very  
populous4 ,when the  ,constitution was  
adopted1 there were only about          
#c1ijj1jjj people in all  the ,states2  
but those who framed the ,constitution  
looked into the future  and could see   
something of the wonderful growth of the
 ,nation which they  were planning4 ,of 
course it is easy for anyone to see that
 in a large  country like this1 with a  
large population or a population as     
large as it  was at the time when the   
,constitution was adopted1 it would be  
impossible  for all the people to       
assemble in a meeting to vote directly  
upon the  passage of necessary laws1 or 
to provide for taxation1 or to conduct  
the  general business of the ,state or  
the ,nation4 ,you can see how absolutely
  impossible it would be in these days  
to have the people of the ,united       
,states assemble at the ,national       
capital to vote on any law1 or to make  
any  appropriation1 or to provide rules 
for exercise of governmental power4     

,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 government1 a democracy  
where the people would have  all the    
power1 but a republic wherein the people
 would express that power1  not         
directly1 but through representatives or
 agents chosen by them47#ag7    ,the    
government of the ,united ,states and   
that of each of the ,states is          
sub-divided into three parts3 the       
executive1 represented by the ,president
  or the ,governor1 the legislative1    
represented by ,congress or the         
legislature1 and the judicial1          
represented by the courts4    ,now the  
,president and the members of ,congress1
 including the ,senate1 and  the judges 
of the courts are all merely            
representatives of the people  chosen by
 the people to carry out the will of the
 people4 ,the position and  powers of   
all of these representatives of the     

people are fixed and defined  by laws   
enacted by the people4    ,as we shall  
hereafter find1 the first law of the    
,nation1 the foundation of  all laws of 
the ,nation1 is the ,constitution of the
 ,united ,states1 which in  the long ago
 was adopted by the people of thirteen  
small ,states4    ,our form of          
government therefore is representative4 
,that is to say1 the  people choose     
their representatives to do the business
 of the country for  the people4 ,laws  
are voted for directly by members of    
,congress and the  ,senate of the       
,united ,states1 or members of the      
legislatures of the ,states2  but these 
members of ,congress1 ,senators1 and    
legislators are selected by  the people1
 and in voting for laws they are        
expressing the will of the  people who  
voted for them4 ,they are elected for a 
short term of years1 so  that in case   
any one of them should not1 in his vote 
upon any law1 carry  out the wishes of  
the people who elected him1 they may at 

the next  election select someone else  
in his place who will better represent  
them47#ah7    ,the important thing to   
bear in mind in relation to this        
government  organization1 with all the  
officers now necessary to do the        
business of  the people of this great   
country1 is that these                  
officers--executive1  legislative1 and  
judicial--are not the government2 the   
government rests  with the people1 and  
these officers are merely servants of   
the people1  subject to the will of the 
people4    ,it has been well said that  
government in a democracy is organized  
public  opinion4 ,public officers1      
representatives of the people1 have only
 the  power which the people give to    
them4 ,in many of the ,states of this   
country1 in the enactment of laws1 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    
approve4 ,under the 8initiative0 and    

8referendum0 in some ,states1 the people
 retain the power to direct their       
legislature to enact certain laws4 ,also
 laws made by the legislature may  be   
voted upon by the people for final      
approval1 if desired47#ai7    ,the      
important thing first to be learned is  
that in this democracy the  government  
is in form a republic1 because the laws 
are enacted and  enforced1 not by the   
direct vote of the people1 but by the   
representatives  elected by the people4 
,the power of the people always         
continues4 ,a law may be passed by one  
legislature1 or one session of          
,congress1 and may be repealed the next4
 ,any  law upon the statute books may be
 changed from time to time1 in response 
to the changing sentiment of the people4
    ,we are inclined to consider the    
term 8representative government0 as     
relating particularly to the enactment  
of laws1 but this is a  representative  
government not only in the making of    
laws1 but also in the  enforcement of   

laws4 ,i want you to realize early in   
life that every  citizen has a          
responsibility for enforcing laws as    
well as for making  laws1 and that for  
any failure or omission in the making of
 laws1 or in  the enforcement of laws1  
the people must bear the responsibility4
    ,,elementary ,,questions    #a4 ,in 
what respect is ,america a republic8    
#b4 ,what is the difference between a   
republic and a ,republican8    #c4 ,what
 was the population of ,america when the
 ,constitution was adopted8    #d4 ,why 
was it impossible to have all the people
 assemble to adopt laws8    #e4 ,what is
 meant by a representative of the       
people8    #f4 ,suppose a representative
 does not represent the people as they  
wish4  ,what can they do about it8 ,give
 illustrations4    #g4 ,into what parts 
is the government of the ,united ,states
 divided8    #h4 ,how are the powers and
 duties of representatives of the people
 defined8  ,why does the judge say that 
the people really have the power and    

that this  power continues8             
,,advanced ,,questions    ,a4 ,what is  
the fundamental law of the ,united      
,states8 ,why is it  fundamental8    ,b4
 ,how can we say that the people have   
power in lawmaking1 when we know  that  
the representatives make the laws8      
,c4 ,how can we influence the votes of  
our representatives8    ,d4 ,if you know
 that your representative is likely to  
vote against your own  wishes1 what can 
you do about it8    ,e4 ,how soon may a 
law be changed after it has been passed8
    ,f4 ,what is meant by 8initiative1  
referendum1 and recall08 ,how have they 
worked out in practice8    ,g4 ,write a 
paper on the following3          ,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       
,,vi4 ,,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 world1 the law2 and strange to say1 
most people know very  little about it4 
,indeed ,i find that the average person 
feels that he does not need any         
knowledge of the law1 that the law is   
for lawyers1 judges1 and courts4    ,now
 the truth is1 that there is scarcely   
any activity in life in which the  law  
does not play an important part4 ,this  
is true from childhood to old  age1 in  
every calling and every occupation in   
life47#bj7 ,the law is not  intended for
 any one class of people1 but it applies
 to all classes of  people1 the rich and
 the poor1 the wise and the ignorant4   
,it also applies  to all ages1 to men1  
women1 and children4    ,what is the    
law1 or what is a law87#ba7 ,there is   
nothing difficult about  it4 ,a law is  
merely a rule of human conduct1 a rule  
of conduct for human  beings which is   
enforced by the ,nation1 the ,state1 or 

the city4 ,there are  other rules of    
human conduct enforced by the parents1  
teachers1 or  employers--those who have 
authority over others1 those whose duty 
it is to  direct the conduct of others4 
,every boy knows that in his home his   
parents have certain rules1 not  written
 or printed1 but stated by his father or
 mother with relation to  his conduct   
about the home1 about his school1 or    
about his play time or  vacation1 when  
he must go to bed1 when he must arise1  
and with whom he may  associate1 that he
 must not go in swimming unless         
accompanied by his  father1 that he     
shall not go to the movies without the  
consent of his  mother1 that he must    
attend ,sunday school regularly1 that he
 must not eat  with his knife1 that he  
must be courteous to all persons1       
especially the  aged1 that he must not  
play ball in the street1 and a large    
number of  other rules and directions1  
all intended for the good of the boy4   
,then in school you find certain rules  

of conduct made by the ,board of        
,education or other officers1 or adopted
 by the teacher4    ,if a boy works in a
 store1 he finds that his employer has  
certain rules3  the time when the store 
shall be opened and closed2 that the boy
 shall  sweep the floor at certain      
hours2 that he may go to lunch at a     
certain  time2 that he shall not permit 
other boys to pass behind the counters1 
etc4 ,all of these are illustrations of 
rules of conduct for children1 or  those
 under the control1 authority1 or       
direction of some older person4    ,but 
older persons1 the parents1 the school  
officers1 the teachers1 the             
storekeepers1 and those of all other    
occupations are likewise subject to     
rules1 are under control and direction  
of the ,nation1 the ,state1 and the     
city1 all having power to enforce rules 
of conduct1 called laws1 which  apply to
 the old and the young4 ,without such   
rules1 such laws1 it would be           
impossible to maintain peace and order4 

,without such rules1 called laws1  it   
would be impossible to protect the weak 
against the strong and the  wicked4     
,this government being organized for the
 purpose of protecting the rights  and  
liberties of the people1 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 are4 ,many    
laws prohibit wrongful acts and  provide
 a punishment for those who commit such 
wrongful acts4 ,thus one who  strikes   
you without justification1 one who      
steals your bicycle1 or any  other      
property1 one who breaks into your home1
 or into the store1 a  burglar1 is      
punished4 ,one who kills another human  
being1 a murderer1 is  punished4 ,a     
person who willfully sets fire to a     
building1 or is guilty of  cruelty to   
animals1 malicious mischief1 or sells   
liquor is punished47#bb7  ,so there are 
scores of different offenses forbidden  
by the law1 and  punishments fixed for  

those who will not obey4    ,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  direction4    ,there is   
generally in every city a law which     
punishes a person who rides  his bicycle
 upon the sidewalk4 ,there are laws     
regulating the speed of  automobiles1   
the lights and signals1 and the turning 
at the corners of the  street1 so that  
other people either walking1 or riding  
on bicycles1 or in  automobiles or other
 vehicles1 may not receive injury47#bc7 
,you know in this country1 where every  
person is equal before the law1 no  one 
person has any more right in the street 
than his neighbor has1 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  thereof47#bd7 
,freedom1 as already explained1 does not
 mean a right to do everything we  wish 
to do4 ,freedom is the right to do      

whatever we may wish to do1  provided it
 does not interfere with the right of   
our neighbors to have the  same         
privileges which we claim for ourselves4
    ,therefore1 it is absolutely        
necessary to have laws fixing the       
conduct of  all persons2 and it is      
necessary1 in order to enforce these    
laws1 to  punish those who will not obey
 them4    ,who makes these laws8 ,in    
,america the laws are made by the people
  themselves2 that is1 they elect       
representatives to serve in ,congress1  
in  the legislatures of the ,states1 and
 in the councils of the city1 who make  
the laws for the people according to the
 wishes of the people4 ,this you  will  
understand more fully as you study this 
representative form of  government we   
have in this country4    ,the people    
have the right to change any law now in 
existence1 and may also  make such new  
laws as they think will better protect  
the people in their  rights47#be7       
,who enforces these laws1 these rules of

 conduct8 ,the rules of the home  are   
enforced by the parents4 ,if you violate
 the rules of your parents1  they impose
 a punishment upon you4 ,this punishment
 may not be severe1 in  fact it should  
not be1 unless your disobedience is     
continued and stubborn4    ,if you      
violate the rules of school1 the teacher
 or other school officers  have the     
right to punish2 and if you violate the 
rules of your employer1  he has the     
right to admonish you1 and of course if 
you do not obey1 he  will discharge you 
and you will lose your place4    ,now   
the rules of conduct1 the laws of the   
,nation1 the ,state1 or the city  are   
enforced in this country by the people1 
through their government1  through the  
courts1 presided over by judges whom the
 people themselves  select for that     
purpose4 ,sometimes the punishment is   
severe1 sometimes  mild4 ,it all depends
 upon the character of the person who   
disobeys the  law1 and whether the      
disobedience is stubborn or willful4    

,penalties are  imposed1 not only to    
punish the wrongdoer1 but as a warning  
to others1  that if they disobey the    
law1 they too will be punished4    ,in  
this country all laws imposing          
punishment for offenses are printed so  
that every one may know what the law is2
 but it is not necessary that one       
should study each separate law1 because 
as a rule1 your conscience will be  your
 guide against wrong doing4 ,there are  
not many acts punished by the  ,state or
 ,nation which are not morally wrong4   
,the person whose heart is  right knows 
good from evil2 and the person who      
really tries to do right  will seldom be
 guilty of violating any law4    ,i do  
not expect you to learn all about the   
different laws4 ,this is not  necessary4
 ,but ,i do expect you to understand    
enough about the law to  realize that we
 are all subject to authority2 that laws
 are enacted by the  authority of the   
people2 that laws are absolutely        
necessary1 and that  without laws we    

should have no liberty4 ,above all1 ,i  
want you to learn  that in this country 
the people make the laws1 and ,i want   
you to feel  absolute confidence in the 
power of the people to make and enforce 
laws4    ,i hope that you will acquire a
 spirit of confidence and faith in the  
justice of the law1 and learn that      
submission to the law is absolutely     
essential in a government of the people 
and by the people47#bf7    ,but there   
are many laws1 many rules of conduct1   
besides those defining  crimes1         
offenses1 and the punishment of         
wrongdoers4    ,i want to talk to you   
briefly about some of the laws which    
affect our  conduct in every day life1  
in matters not criminal4 ,i want to     
impress upon  you how far reaching the  
law is as affecting every human being in
 his  daily conduct47#bg7    ,suppose   
one of the girls here goes to the store 
to buy a piece of cloth4  ,how does she 
tell the merchant how much cloth she    
wants8 ,she1 without  doubt1 will say   

that she wants one yard1 or two yards1  
or three yards1  according to her needs4
 ,now how much is a yard8 ,of course you
 all know  that a yard is three feet4 ,i
 suppose you all know that a yard is the
 same  length in every city in the      
,united ,states4 ,we go into the store  
and ask  for a yard of cloth in any city
 in the country1 with absolute          
confidence  that we will get for each   
yard1 three feet in length4 ,but how do 
we know  we will get three feet in      
length for each yard8 ,how do we know   
what we  will get when we ask for a     
pound of coffee1 or for a ton of coal1  
or for a  quart of milk8    ,these      
weights and measures are nearly all     
fixed by law4 ,when you come to  read   
the ,constitution of the ,united        
,states1 you will find that there is    
conferred upon the ,united ,states      
government the power to 8fix the        
standard of ,weights and                
,measures047#bh7    ,the ,constitution  
is the fundamental law of the land4     

,this confers upon the  ,united ,states 
government the right to fix all         
standards of measurements  and all      
weights and measures of every kind4 ,the
 ,united ,states government  has this   
power4 ,it is not required to exercise  
the power1 but it has the  power4       
,the ,united ,states government has a   
,national ,bureau of ,standards17#bi7   
which  supervises weights and           
measurements1 which coperates with the  
,states1 and  maintains uniformity1 so  
that in every ,state1 with reference to 
most  things bought and sold1 the law   
fixes definitely the quantity or        
dimensions4 ,without such laws you can  
see what a mass of confusion the  people
 would be in at all times4    ,severe   
penalties are imposed by law upon those 
who give short measure1 or  short       
weight17#cj7 in order to protect buyers 
against those who might  defraud them4  
,so you see how necessary law is to the 
simple transactions of life1 and  how we
 are constantly relying upon the law in 

our daily transactions1 to  protect us  
against wrongdoers4    ,then again1 how 
do you know how much the silver dollar  
which you are  saving for ,christmas is 
really worth8 ,how do you know that one 
dollar is  as valuable as another       
dollar8 ,how do you know that the paper 
dollar which  is in circulation is as   
valuable as the silver dollar8 ,well1   
here again  when you read the           
,constitution of the ,united ,states1   
you will find that  the people1 when    
they adopted the ,constitution1 gave to 
the ,congress of  the ,united ,states   
the power3    8,to coin ,money1 regulate
 the ,value thereof1 and of foreign     
,coin047#ca7    ,congress1 with this    
power1 has enacted numerous laws with   
reference to the  coinage of silver and 
gold money1 the printing of paper money1
 and fixing  the value of such money4   
,how helpless the people would be       
without such  laws4    ,then how do you 
know that the dollar you received in    
change at the grocery  store is a real  

dollar8 ,there are many counterfeit     
dollars made by  wrongdoers1 by         
criminals who seek to profit by         
manufacturing money  themselves1        
sometimes so much like the genuine1 that
 it is almost  impossible to detect the 
difference4 ,there are counterfeit      
bills1 and  counterfeit coin1 which ,i  
dare say could not be distinguished from
 the  genuine by any person in this     
room4 ,but there are laws enacted by    
,congress  providing very severe        
punishment for any person who makes1    
passes1 or  attempts to pass1 any       
counterfeit coin4 ,for instance1 if one 
shall make1  or pass1 or attempt to pass
 counterfeit gold or silver coin1 he may
 be  punished by five years imprisonment
 in the penitentiary47#cb7 ,even for    
making1 or passing1 or attempting to    
pass a one cent1 two cent1 three  cent1 
or five cent piece1 a person may be     
imprisoned for five years4 ,any  one who
 makes a die or mold designed for the   
coining1 or making of  counterfeit coins

 may be punished by imprisonment in the 
penitentiary for  ten years4    ,these  
are severe penalties4 ,liberty is dear1 
and yet you can see how  absolutely     
necessary it is to have these severe    
penalties in order to  protect you1 your
 father and mother1 and all other       
persons from being  defrauded and       
wronged by the use of counterfeit money 
which is worthless1  but which most     
people cannot distinguish from the      
genuine4    ,i suppose you watched for  
the letter carrier this morning4        
,perhaps you  were expecting a letter   
from a friend or relative4 ,the letter  
carrier came  to your door4 ,you did not
 have to walk to the post office4       
,perhaps your  friend lives one thousand
 miles away4 ,how is it possible for you
 to  receive a letter in perhaps a      
couple of days from that far distant    
point8  ,did you ever stop to think     
about it8 ,of course you say1 8,well it 
came  through the post office04 ,yes1   
but the postoffice is only a part of the

  great postal system of this country1  
which carries your letters from one  end
 of the land to another for the small   
amount of two cents2 and we have        
wonderful confidence in this postal     
service4 ,we carelessly drop into the   
mail box most important letters1 often  
most sacred1 but we have no doubt  that 
the letter will reach its destination   
safely47#cc7    ,how is it all possible8
 ,well1 again1 in reading the           
,constitution you will  find that the   
people gave to ,congress the power3     
8,to establish ,post ,offices and ,post 
roads407#cd7    ,this power has been    
exercised by the enactment of many laws 
by ,congress  providing for post        
offices1 letter carriers1 postal clerks1
 railway mail  service1 rural routes1   
and many laws severely punishing any one
 in the  postal service who willfully   
fails to perform his duties4    ,persons
 engaged in the postal service may be   
sent to the penitentiary for  stealing  
money from the mails1 stealing a letter 

from the mails1 for any  act of         
dishonesty1 or failure of prescribed    
duty4 ,how could the great  postal      
service of this country be maintained   
without such laws8 ,how would  the      
people have the blessing of a great     
service of this kind without the  most  
carefully prepared laws made to protect 
the people8    ,so ,i might go on giving
 numerous other illustrations of the    
laws enacted  by the people through     
their representatives1 for the benefit  
of the people  themselves1 for their    
comfort1 their convenience1 and their   
protection  against wrongdoers1 who     
might deprive them of their property1 or
 of things  still more sacred than      
property4    ,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 part4 ,we should 
realize early in life that law is       
absolutely  necessary to guide human    
conduct1 to restrain wrongful conduct1  

to punish  wrong doing1 and thus to aid 
in protecting us in our right to life1  
liberty1 and property4    ,these laws   
are not the judges' laws1 nor the       
lawyers' laws2 they are the  laws of the
 people1 made for their benefit1 worthy 
of our most earnest  support1 calling   
upon us for loyal obedience1 demanding  
our respect1 and  inspiring our         
confidence4    ,,elementary ,,questions4
    #a4 ,what is a law8    #b4 ,by whom 
is a law enforced8    #c4 ,name an      
activity in life that the law has       
nothing to do with4    #d4 ,make a list 
of some of the laws that your father and
 mother make in  your home4    #e4 ,make
 a list of some of the rules of conduct 
found in school4    #f4 ,go to a store  
in your town4 ,are there rules of       
conduct for the clerks8  ,what are they8
    #g4 ,who makes the rules in a home8 
,in a school8 ,in business institutions8
    #h4 ,upon which side of the street  
must a person drive8 ,why8    #i4 ,who  
fixes the rules of measurement and      

weight8    #aj4 ,suppose that you buy a 
ton of coal and find later on that you  
only  received #aejj pounds4 ,could you 
do anything about it8 ,why should the   
coal  dealer be punished8    #aa4 ,what 
would it be like if we had no laws at   
all8    ,,advanced ,,questions    ,a4   
,in imposing punishment upon a          
wrongdoer1 what elements does the judge 
consider in fixing the amount of fine or
 the length of punishment8    ,b4 ,why  
do we have our laws printed8 ,what would
 be the dangers of having  secret laws  
concerning the nature and existence of  
which the people could  not obtain      
information8    ,c4 ,what is the        
distinction between a rule of conduct in
 the home and a law  of the land8    ,d4
 ,list a number of laws and penalties in
 addition to those cited by the  judge4 
,e4 ,why cannot one have liberty without
 law8    ,f4 ,why are people punished   
when they break the law8    ,g4 ,is it  
ever right to break the law8    ,h4     
,write a paper on the following3        

,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            
,,vii4 ,,the ,,constitution             
,personal ,guaranties ,grouped ,under   
,the ,title ,the ,short ,constitution   
,we now take up the subject of the      
,constitution of the ,united ,states4   
,it is  important because it is the     
foundation of the rights and liberties  
of all  ,americans4 ,it relates to the  
rights and liberties of everyone in this
  room4 ,it is our great charter4       
,gladstone1 the great ,english          
statesman1 once said1 8,it is the       
greatest  work ever struck off at any   
one time by the mind and purpose of     
man407#ce7  ,it is quite a long         
document4 ,i want every one of us to    
read it carefully  and study it         
thoroughly4    ,the larger part of the  
,constitution consists of provisions    

telling of the  qualifications and      
manner of election of the ,president1   
,senators1 and  congressmen1 the powers 
and duties of the various parts of our  
government1  procedure of government1   
and the relations of the ,nation and the
 ,states4  ,these are important4    ,but
 more important still are the ways in   
which the ,constitution guarantees  the 
rights1 liberties1 and privileges of all
 men1 women1 and children who  live     
under the ,american flag4 ,these        
guaranties are numerous1 but they are   
briefly stated4 ,any of us can          
understand them if we but read them     
carefully and catch their meaning4 ,it  
ought not to be difficult to cause a    
person to study the things which relate 
to himself1 to the most important       
things in his own life4 ,liberty we     
prize most dearly4 ,everyone of these   
guaranties in the ,constitution is      
intended to guard and protect the       
freedom and liberty which you and ,i    
enjoy47#cf7    ,to make our task more   

simple1 ,i have selected from the       
,constitution those  sections which deal
 with our privileges as ,american       
citizens4 ,you can see  them in the copy
 of the ,constitution which you have4   
7,see page #bag47 ,i  have grouped these
 together and for convenience ,i shall  
call it 8,the ,short  ,constitution04   
,as you can see1 there is nothing in it 
that is not in the  original            
,constitution4 ,it is just as if ,i had 
taken a pair of shears1 cut  out these  
phrases from the ,constitution1 and     
pasted them together4 ,it  makes it more
 convenient for us4    ,take this       
8,short ,constitution0 home with you4   
,bring it with you when you  come to    
school4 ,talk with your father and      
mother about it4 ,it may be that        
sometime a knowledge of these rights    
that every ,american citizen now has    
may save to you your home1 your freedom1
 or your life4    ,now ,i am going to   
read this3    ,,the ,,short             
,,constitution          ,article ,i     

7,amendment ,i47        ,congress shall 
make no law respecting an establishment 
of      religion1 or prohibiting the    
free exercise thereof2 or abridging     
the freedom of speech1 or of the press2 
or the right of the people              
peaceably to assemble1 and to petition  
the ,government for a      redress of   
grievances47#cg7        ,article ,,ii   
7,amendment ,,ii47        ,a well       
regulated ,militia1 being necessary to  
the security of a      free ,state1 the 
right of the people to keep and bear    
,arms1 shall      not be infringed4     
,article ,,iii 7,amendment ,,iii47      
,no ,soldier shall1 in time of peace1 be
 quartered in any house1      without   
the consent of the ,owner1 nor in time  
of war1 but in a      manner to be      
prescribed by law4        ,article ,,iv 
7,amendment ,,iv47        ,the right of 
the people to be secure in their        
persons1 houses1      papers1 and       
effects1 against unreasonable searches  
and seizures1      shall not be         

violated1 and no ,warrants shall issue1 
but upon      probable cause1 supported 
by ,oath or affirmation1 and            
particularly      describing the place  
to be searched1 and the persons or      
things to      be seized4               
,article ,v 7,amendment ,v47        ,no 
person shall be held to answer for a    
capital1 or otherwise      infamous     
crime1 unless on a presentment or       
indictment of a ,grand      ,jury1      
except in cases arising in the land or  
naval forces1 or in      the ,militia1  
when in actual service in time of ,war  
or public      danger2 nor shall any    
person be subject for the same offence  
to be      twice put in jeopardy of life
 or limb2 nor shall be compelled in     
any criminal case to be a witness       
against himself1 nor be deprived      of
 life1 liberty1 or property1 without due
 process of law2 nor      shall private 
property be taken for public use1       
without just      compensation4         
,article ,,vi 7,amendment ,,vi47        

,in all criminal prosecutions1 the      
accused shall enjoy the right to      a 
speedy and public trial1 by an impartial
 jury of the ,state and      district   
wherein the crime shall have been       
committed1 which      district shall    
have been previously ascertained by law1
 and to be      informed of the nature  
and cause of the accusation2 to be      
confronted with the witnesses against   
him2 to have compulsory      process for
 obtaining witnesses in his favor1 and  
to have the      ,assistance of ,counsel
 for his defence4        ,article ,,vii 
7,amendment ,,vii47        ,in suits at 
common law1 where the value in          
controversy shall      exceed twenty    
dollars1 the right of trial by jury     
shall be      preserved1 and no fact    
tried by a jury shall be otherwise      
re-examined in any ,court of the ,united
 ,states1 than according to      the    
rules of the common law4        ,article
 ,,viii 7,amendment ,,viii47            
,excessive bail shall not be required1  

nor excessive fines imposed1      nor   
cruel and unusual punishments inflicted4
        ,article ,,ix 7,amendment ,,ix47
        ,the enumeration in the         
,constitution1 of certain rights1 shall 
not      be construed to deny or        
disparage others retained by the people4
        ,article ,x 7,amendment ,x47    
,the powers not delegated to the ,united
 ,states by the ,constitution1      nor 
prohibited by it to the ,states1 are    
reserved to the ,states                 
respectively1 or to the people47#ch7    
,article ,,xi 7,amendment ,,xiii1 ,sec4 
#a47        ,neither slavery nor        
involuntary servitude1 except as a      
punishment      for crime whereof the   
party shall have been duly convicted1   
shall      exist within the ,united     
,states1 or any place subject to their  
jurisdiction4        ,article ,,xii     
7,amendment ,,xiv1 ,sec4 #a47           
,all persons born or naturalized in the 
,united ,states1 and subject      to the
 jurisdiction thereof1 are citizens of  

the ,united ,states and      of the     
,state wherein they reside4 ,no ,state  
shall make or enforce      any law which
 shall abridge the privileges or        
immunities of      citizens of the      
,united ,states2 nor shall any ,state   
deprive any      person of life1        
liberty1 or property1 without due       
process of law2      nor deny to any    
person within its jurisdiction the equal
      protection of the laws4           
,article ,,xiii 7,amendment ,,xv1 ,sec4 
#a47        ,the right of citizens of   
the ,united ,states to vote shall not be
      denied or abridged by the ,united 
,states1 or by any ,state on            
account of race1 color1 or previous     
condition of servitude4        ,article 
,,xiv 7,art4 ,i1 ,sec4 #i1 ,cl4 #b47    
,the ,privilege of the ,writ of ,habeas 
,corpus shall not be suspended1         
unless when in ,cases of ,rebellion or  
,invasion1 the public ,safety      may  
require it4        ,article ,,xv 7,art4 
,i1 ,sec4 #i1 ,cl4 #c47        ,no ,bill

 of ,attainder or ex post facto law     
shall be passed4        ,article ,,xvi  
7,art4 ,i1 ,sec4 #i1 ,cl4 #h47          
,no ,title of ,nobility shall be granted
 by the ,united ,states3 ,and no        
,person holding any ,office of ,profit  
or ,trust under them1 shall1            
without the ,consent of the ,congress1  
accept of any present1      ,emolument1 
,office or ,title of any kind whatever1 
from any ,king1      ,prince1 or foreign
 ,state4        ,article ,,xvii 7,art4  
,,iii1 ,sec4 #b1 ,cl4 #c47        ,the  
trial of all ,crimes except in ,cases of
 ,impeachment1 shall be      by ,jury1  
and such ,trial shall be held in the    
,state where the said      ,crimes shall
 have been committed2 but when not      
committed within      any ,state1 the   
,trial shall be at such ,place or       
,places as the      ,congress may by    
,law have directed4        ,article     
,,xviii 7,art4 ,,iii1 ,sec4 #c1 ,cl4    
#a47        ,treason against the ,united
 ,states1 shall consist only in levying 

,war against them1 or in adhering to    
their ,enemies1 giving them ,aid        
and ,comfort4 ,no person shall be       
convicted of ,treason unless on the     
,testimony of two witnesses to the same 
overt ,act or on ,confession      in    
open ,court4        ,the ,congress shall
 have power to declare the ,punishment  
of      ,treason1 but no ,attainder of  
,treason shall work ,corruption of      
,blood1 or ,forfeiture except during the
 ,life of the ,person      attainted4   
,article ,,xix 7,art4 ,,iv1 ,sec4 #b1   
,cl4 #a47        ,the ,citizens of each 
,state shall be entitled to all         
,privileges and      ,immunities of     
,citizens in the several ,states4       
,article ,,xx 7,art4 ,,vi1 ,cl4 #c47    
,no religious ,test shall ever be       
required as a ,qualification to any     
,office or public ,trust under the      
,united ,states4      ,now that is not  
long1 is it8 ,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 world4 
,in some  countries of the world people 
have some of the rights and privileges  
guaranteed by our ,constitution1 but in 
no other country in the world do  the   
people have a written guaranty of all   
the rights1 privileges1 and  liberties  
set forth in these short extracts from  
the ,constitution of the  ,united       
,states4    ,i want you all to get fixed
 in your minds the date of the adoption 
of the  original ,constitution by the   
convention--#aghg47ci7 ,that was more   
than a  century and a quarter ago4    ,i
 want every child to understand just why
 the ,constitution was made1 how  it was
 made1 something of the men that made   
it1 and how the people of the  ,states  
approved of the ,constitution before it 
became binding4    ,i also want you to  
understand something of the changes and 
additions made  by the people since the 
,constitution was first adopted4 ,i want
 you to  understand that it is the      

,constitution of the people1 the whole  
people1  and ,i want you to know that   
the people can change the ,constitution 
or make  additions to it whenever they  
want to47#dj7    ,so at our next meeting
 ,i am going to tell you something of   
the making of  the ,constitution4       
,,elementary ,,questions    #a4 ,compare
 8,the ,short ,constitution0 on pages   
#ef-fj with the complete  ,constitution 
found at the back of the book4    #b4   
,why were these parts selected from the 
entire ,constitution8 ,is there  any    
similarity in the various parts         
selected8    #c4 ,what are the most     
important provisions of the             
,constitution of the  ,united ,states8  
#d4 ,do the guaranties of the           
,constitution protect the rights of all 
people  living in ,america1 or do they  
apply only to a few favored classes8    
#e4 ,what was the date of the adoption  
of the original ,constitution8          
,,advanced ,,questions    ,a4 ,why are  
we interested in our rights8    ,b4     

,what are the dangers of talking too    
much about our rights8    ,c4 ,make a   
list of a duty to correspond with each  
right selected4    ,d4 ,write a paper on
 the following3          ,the ,officials
 ,provided by the ,constitution         
,the ,american ,bill of ,rights         
,,viii4 ,,making ,,the ,,constitution   
,how ,the ,convention ,of #aghg ,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   
groups4 ,not all had come from the same 
country4  ,most of them were ,english1  
but there were also smaller settlements 
of  ,dutch1 ,french1 ,germans1 and      
,swedes4 ,it was not many years until   
the  ,english had taken control of all  
the land from ,maine to ,georgia1 but   
even  then not all the ,english were    
alike4 ,there were ,puritans and        
,cavaliers1  ,scotch and ,irish1        

,scotch-,irish and ,quakers4 ,they      
differed in their ideas  of government1 
religion1 and education4    ,these      
colonists had come for many purposes4   
,some had come to make their  fortune4  
,others because of trouble at home4     
,most had come to be free1 to  worship  
,god in the way they chose1 to form     
their own government1 to make  their own
 laws1 to govern themselves2 and in the 
early days1 they had met  with success4 
,but as time went on1 as more people    
came1 as ships were built1 and trade    
and commerce increased1 the government  
of ,england became more and more        
tyrannical4 ,the ,english people may not
 have favored this1 but they did not    
direct the acts of their king and his   
officers4 ,taxes were placed on the     
colonists without their consent4 ,they  
were forced to accept laws not of  their
 own choosing4 ,the king refused them   
the right to select their own  judges4  
,they could not trade where they        
pleased4 ,if you will read the          

,declaration of ,independence you will  
see how their liberties were            
restricted47#da7    ,all this time the  
various colonies were as separate as so 
many distinct  countries4 ,they did not 
know each other4 ,there was little      
travel from one  to another4 ,they were 
quite different4 ,but they were alike in
 the fact  that each wanted liberty1 and
 that each was subject to oppression    
from the  ,english king4    ,so from    
time to time we find them sending       
delegates to some common meeting  place 
to discuss a plan of action4 ,in #aged a
 group met at ,albany to  suggest a plan
 of union4 ,in #agfe ,england passed the
 ,stamp ,act which put a  tax upon      
certain articles such as books1         
newspapers1 and playing cards4 ,a       
person could not sell one of these      
articles without pasting upon it one of 
these stamps1 the money from which went 
to ,england as a tax4 ,it was much  like
 our war tax upon tooth paste1 shaving  
soap1 and playing cards4 ,the           

difference was this4 ,the colonists had 
never given the right to make this  tax4
 ,it had been imposed upon them by      
,england2 and further1 if a person  were
 accused of selling a book or newspaper 
without this stamp1 he could  be        
severely punished47#db7 ,this enraged   
the colonists1 and in ,new ,york in  the
 following year1 there met a group of   
delegates from nearly all the  colonies 
to discuss ways and means of meeting    
this4    ,again in #aggd1 conditions    
having become worse1 delegates from     
twelve  colonies met at ,philadelphia at
 the ,first ,continental ,congress to   
consider  the grievances against ,great 
,britain4 ,the ,second ,continental     
,congress  following it carried on the  
first years of the ,revolutionary ,war4 
,it  drafted and adopted the            
,declaration of ,independence4 ,it      
raised and  provided for the armies1 and
 brought the ,states together4    ,but  
it needed a kind of constitution4 ,so in
 #aggg the ,articles of  ,confederation 

were drawn up and adopted by ,congress  
and by #agha all the  ,states had       
finally adopted them4 ,but they were    
inadequate4 ,each of the  thirteen      
,states wanted all the power in its own 
hands47#dc7    ,you cannot blame them4  
,picture to yourself these little       
settlements down  on the ,atlantic      
,coast4 ,all together they did not have 
as many people as  there are in the     
,state of ,new ,jersey to-day4 ,they and
 their fathers had  left their homes and
 traveled thousands of miles over stormy
 seas to find  liberty4 ,they themselves
 had fought a long war against ,england 
to make  themselves free4 ,they did not 
wish to give up these powers47#dd7      
,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  powers1 and to 
fix forever certain rights which every  
,american citizen  should enjoy         
throughout the years to come4 ,so the   
people selected men as  their           

representatives and authorized them to  
meet with the representatives  from     
other ,states at ,philadelphia in #aghg 
to draw up a plan of government  which  
would be strong enough to hold the      
country together and govern it          
effectively4    ,now who were these men8
 ,they were men who were selected by    
their neighbors  to represent them1 just
 as men are elected to-day to represent 
us in the  legislature of our ,state or 
in ,congress4 ,to be sure1 in those days
 not all  men were allowed the right to 
vote4 ,in some ,states a man had to have
 a  certain amount of money before he   
could vote4 ,in others men of certain   
religious faiths were not allowed to    
vote4 ,but the delegates to the         
,constitutional ,convention were men who
 were fairly representative of all  the 
people4 ,when we consider the work that 
they did1 that they wrote our           
,constitution1 that they were able to do
 this at the time they did1 we must     
feel that a wise ,providence guided     

their selection and inspired them in    
their wonderful work4    ,there in      
,independence ,hall in ,philadelphia    
were ,benjamin ,franklin and  ,george   
,washington1 ,james ,madison and ,edmund
 ,randolph1 ,alexander ,hamilton  and   
,gouverneur ,morris4 ,almost all the    
prominent men of the time took          
part47#de7    ,they took the best that  
they knew of the experience of the human
 race in  government1 especially the    
experience of ,england and ,america1 and
 from  this they drew up the            
,constitution of the ,united ,states1   
the foundation of  the government under 
which we live47#df7    ,when they had   
finished their work--that part of the   
,constitution which  precedes the       
amendments--they submitted it to the    
,states4 ,they were very  careful to see
 to it that the people themselves should
 approve of this4 ,so  instead of having
 the usual legislature of each ,state   
vote upon it1 they  provided that the   
people of each ,state should elect      

delegates for a  special convention1 the
 sole purpose of which was to decide    
whether or not  they would like to live 
under a government like this47#dg7      
,these  conventions1 elected by the     
people for this special purpose1 met and
 one  after another1 often after a      
bitter struggle1 ratified the           
,constitution4  ,the chief objection was
 that the rights of all ,americans were 
not clearly  stated4    ,so at the first
 meeting of ,congress1 the first ten    
amendments--our ,american  ,bill of     
,rights--were adopted and in #agia they 
were ratified by the ,states4  ,since   
then the ,constitution has been rarely  
amended4 ,in #agih and in #ahjd  the    
eleventh and twelfth amendments         
regarding the courts and the election   
of the ,president were adopted4 ,after  
the ,civil ,war three amendments were   
adopted regarding the problem of the    
negro citizen4 ,since then we have      
added changes regarding the income tax1 
the election of ,united ,states         

,senators1 and prohibition4 ,the last   
amendment1 dealing with the extension   
of the vote to women1 was ratified by   
,tennessee as the thirty-sixth ,state   
on ,august #ah1 #aibj4    ,to-day then1 
our government is founded upon the      
,constitution made shortly  after the   
,revolutionary ,war4 ,it represents the 
aims and ambitions of the  fathers of   
our country4 ,they came to this land to 
be free4 ,they suffered  persecution4   
,they threw off the yoke of the         
oppressor4 ,they established a          
government of the people1 by the people1
 for the people4 ,the people  selected  
the men who drew it up4 ,they selected  
the men who amended it4 ,our  task is to
 understand what it means1 to obey it1  
and protect it4    ,the lofty purpose of
 the fathers of the republic in         
establishing this1 the  first real      
government by the people1 is expressed  
in these thrilling  words3    8,we the  
people of the ,united ,states1 in ,order
 to form a more perfect  ,union1        

establish ,justice1 insure domestic     
,tranquility1 provide for the  common   
defence1 promote the general ,welfare1  
and secure the ,blessings of  ,liberty  
to ourselves and our ,posterity1 do     
ordain and establish this               
,,constitution for the ,united ,states  
of ,america40    ,,elementary           
,,questions    #a4 ,why did the early   
settlers come to ,america8    #b4 ,from 
what countries did they come8 ,which    
countries were most important8    #c4   
,why did they become dissatisfied with  
,english rule here8    #d4 ,why did they
 wish to unite8 ,name some of the       
earlier attempts at union4    #e4 ,when 
was the ,stamp ,act passed8 ,what was it
 supposed to do8 ,why did the  colonists
 object8    #f4 ,why were the ,articles 
of ,confederation not satisfactory8     
#g4 ,what was the meeting in            
,philadelphia in #aghg8 ,how were the   
representatives at this meeting chosen8 
,how did they try to see that the       
representatives at this meeting actually

 represented the people8    #h4 ,how was
 the ,constitution ratified by the      
people8 ,in what way did they  try to   
make it the actual will of the people8  
#i4 ,when was our ,bill of ,rights      
passed8    #aj4 ,what amendments have   
been added to the ,constitution since   
#agia8    ,,advanced ,,questions    ,a4 
,how did the makers of the ,constitution
 guard against the abuses cited  in the 
,declaration of ,independence8    ,b4   
,how were the defects in the ,articles  
of ,confederation guarded against  and  
remedied8    ,c4 ,what experience had   
the makers of the ,constitution had     
which enabled  them to prepare so       
successful a document8    ,d4 ,would you
 say that ,gladstone's statement1 8,it  
is the greatest work ever  struck off at
 any one time by the mind and purpose of
 man0 was literally  true8    ,e4 ,how  
did the allusions to other countries    
made during the convention  show the    
advantage of ,america's being a 8melting
 pot08    ,f4 ,what people were allowed 

to vote at the time of the adoption of  
the  ,constitution8    ,g4 ,what were   
the chief objections urged against      
ratification of the  ,constitution8     
,h4 ,write a paper on the following3    
,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            ,,ix4        
,,freedom        ,how ,freedom ,of      
,worship1 ,speech1 ,the ,press1 ,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 about4 ,i think people are  more 
interested in their privileges and      
rights than they are in their  duties4  
,in fact we hear a great deal and we    
read a great deal about  8rights01 but  
we do not find very much said on the    

streets1 in the homes1  or in the       
newspapers about our 8duties047#dh7     
,now we have considered in a very       
general way the nature of our government
  and something of our powers and duties
 under the ,constitution4 ,i know that  
you will be interested in considering   
our rights and privileges under the     
,constitution of the ,united ,states4   
,always keep in mind that each ,state   
has a ,constitution1 and that the       
,nation has a ,constitution1 that the   
,constitution of the ,united ,states    
covers the entire ,nation1 not only the 
original thirteen colonies1 but the     
present forty-eight ,states1 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       
ago47#di7    ,also always keep in mind  
that the ,nation has certain powers1 and
 that the  ,constitution of the ,united 
,states is supreme only as to the things
 over  which the ,united ,states as a   

,nation has control4    ,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      
,states1 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 
,states47#ej7    ,this morning we take  
up a constitutional guaranty which you  
perhaps have  not thought much about1   
but which is one of the most important  
in the  whole ,constitution--,freedom of
 ,worship4 ,the ,constitution provides3 
8,congress shall make no law respecting 
an establishment of religion1 or        
prohibiting the free exercise           
thereof407#ea7    ,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 conscience47#eb7 
,now some of you may not realize how    
important this is2 but there is  nothing
 so dear to the human heart as the      
right1 the privilege1 of  belonging to  
that church and worshipping ,god in that
 manner which each  individual may      
desire4 ,we do not realize the value of 
such a privilege  until some one1 or    
some power1 seeks to take it away from  
us4 ,all through  the world men and     
women and children have fought1 and many
 of them have  died1 for this privilege4
 ,it was the custom of the nations of   
the world  before our ,constitution to  
have an established religion1 a         
,national  religion1 and in many of the 
countries it was the law that every one 
must  belong to the state church1 and   
must actually believe in the religion of
  the state4 ,in fact1 in many          
countries1 refusal to believe in the    
religion  of the state was punished by  
death--sometimes by burning to death1   
and ,i am  sure you will be surprised to

 realize that while ,america was first  
settled  by people who were seeking     
religious freedom1 they were still so   
imbued  with a feeling of the old days  
that persons must worship1 not as their 
conscience might dictate1 but as the    
state might dictate1 that for many      
years in this country in certain of the 
colonies a state religion was           
recognized1 and obligation to conform to
 the established religion enforced  by  
severe penalties4    ,in the colony of  
,virginia the established or state      
church existed1 and it  was the law that
 any person who did not conform thereto 
should be punished  by burning to death4
 ,this is startling1 isn't it1 to hear  
of such a brutal  law upon ,american    
soil8 ,virginia afterwards became the   
pioneer in  legislation establishing    
freedom of worship1 but it took the most
  strenuous efforts of ,thomas          
,jefferson through many years to finally
 wipe  out these cruel laws and         
establish freedom of worship47#ec7      

,the ,virginia statute granting absolute
 freedom of worship was the first  ever 
adopted in the history of the world by  
any state or nation1 the first  guaranty
 of the right4 ,freedom of worship had  
existed before this in  ,maryland under 
the generous rule of ,lord ,baltimore1  
but the first formal  statute was       
adopted in ,virginia4    ,now your      
teachers tell me that in this school the
 pupils belong to sixteen  different    
churches4 ,i suppose each one of you    
thinks that the church to  which he     
belongs is better than any of the       
others4 ,i hope you do4 ,i hope  that   
every child is sincere in his religious 
belief1 whatever it may be4  ,but how   
would you feel if some representative of
 the ,state should come  here this      
morning1 and announce that a law had    
been passed by which every  pupil must  
belong to the ,baptist1 the ,methodist1 
the ,catholic1 or the  ,jewish church8  
,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  other1 you would be burned
 to death out here on the hillside8 ,you
 can  hardly believe that such a thing  
would be possible in any age of the     
world2 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 will1 their own conscience4   
,the declaration of this great right by 
the ,constitution of the ,united        
,states has been in full force ever     
since the adoption of the ,constitution1
  not only as a ,national law1 but      
similar provisions have been made the   
policy1 usually by the ,constitution1 of
 every ,state in the ,union4 ,what a    
glorious thing it is to live in a       
,nation and in an age where no man1 no  
state1 and no power can tell you what to
 believe1 or how to express your        
belief1 what church you shall attend1 or

 in what manner you shall express  your 
religious faith4    ,not only this1 but 
this constitutional guaranty protects   
every one in his  right to belong to no 
church if he so elects4 ,the soul is    
free4 ,no power  can compel one to      
belong to any church1 nor in any manner 
to hold or  exercise religious faith1 or
 religious duty or obligation4 ,in other
  words1 men are free1 and this freedom1
 aside from any other guaranty of  the  
,constitution1 should make us all feel  
affection and veneration for  this great
 charter of human liberty4    ,but      
freedom of worship is only one of the   
many rights and privileges  guaranteed  
to the people--to all the people4       
,another great natural right--,god given
 right--is firmly and finally           
established3    8,congress shall make no
 law 444 abridging the freedom of speech
 or of the  press407#ed7    ,here again 
remember1 when you are thinking of what 
you owe to your  country1 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 writing4  
,this  was the first time the chains    
were taken from the human intellect4 ,no
 one  will ever be able to number the   
men and women who1 throughout the       
history  of the world1 were condemned to
 death1 because they dared to express   
their  sentiments4 ,if ,patrick ,henry  
had delivered his famous speech in which
 he  said1 8,give me liberty1 or give me
 death01 in ,england rather than        
,america1  he would have been promptly  
punished4 ,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 world4 ,kings to  
hold their power  in the old world1 to  
keep the people so terrorized that they 
would submit  to their will1 made the   
practice of hanging or beheading those  
who freely  spoke their sentiments      

against the government47#ee7    ,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
 imprisoned1 hanged1 or burned4    ,now 
do not have any misunderstanding about  
this guaranty of freedom of  speech and 
of the press4 ,we often hear complaints 
of certain people about  certain laws   
punishing those who abuse the privilege 
of free speech2 but  there is no law of 
,state or ,nation which prohibits the   
speaking or writing  of anything in this
 country4 ,men may speak and write what 
they will2 but  there are some laws     
punishing those who abuse this great    
privilege to the  injury of another     
person1 or to the injury of the ,nation4
 ,of course no one  would feel that it  
was right to allow another to write     
libelous articles  about your neighbors4
 ,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 father2 and yet any
 one may do so4 ,they cannot be         
prohibited or  enjoined from doing so1  
but they may be punished after doing so1
 after  they have been tried in a court 
and found guilty of libel by a jury of  
their fellowmen47#ef7    ,so if one     
writes a threatening letter to your     
father1 telling him that he  will kidnap
 his child unless he pays ten thousand  
dollars by a certain  time1 such person 
is exercising his constitutional right  
to freedom of  expression1 but no one   
would think that it was right to permit 
him thus to  abuse his constitutional   
right without being punished for it2 and
  consequently such person may be       
arrested and tried1 and if found guilty1
  punished4    ,so in these later days  
it has been found wise1 not to prohibit 
persons  from giving expression to their
 views about our government1 but to     
punish  those who show by their words or
 writing that they are rebels against   
our  government1 endeavoring by their   

words to cause a revolution1 to incite  
people to use force1 bombs1 or the torch
 to destroy our government4    ,no one  
can ever be punished for criticising our
 government1 or any of the  officers of 
our government1 so long as he does not  
undertake to destroy  our government1   
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        
blessings4 ,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 government1    
such a person should be punished2 but   
there are a  few who think that they    
should not be punished until they       
actually begin  destruction4 ,of course 
we cannot agree with them4 ,the man who 
goes out on  the street corner and      
advocates the use of the bomb and the   
torch to  destroy our government1 who   
arouses passions willfully with the     
purpose of  destroying the government1  

is doing just as much wrong as is done  
by the  person who follows his advice   
and uses the bomb and the torch4 ,in    
fact the  man who advocates revolution  
and destruction1 who preaches the use of
 the  bomb and the torch1 who plants the
 poison in the hearts of his fellowmen1 
and incites them to revolutionary action
 is more guilty of wrong than are  those
 who1 stirred by his appeals1 carry out 
his wishes4    ,in punishing those who  
thus violate every principle of loyalty1
  patriotism1 and right the             
constitutional provision is in no manner
  modified4 ,the worst revolutionist has
 the freedom of speech and of the  press
 guaranteed to him4 ,the law which      
punishes him does so only because  under
 the protection of the ,constitution1 he
 commits a crime against his  country   
and against humanity4    ,america has   
done more than any other nation in the  
world in the cause of  educating the    
common people4 ,it should exercise care 
that the people  should be educated in  

the true spirit of ,america1 that their 
minds should  not be poisoned by the    
vicious teachings of those1 not         
,americans at heart1  who seek to poison
 souls and rob the people of their      
patriotism and of  their loyalty4    ,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 relief4 ,the
 king would usually give  them what he  
thought they ought to have and would not
 listen to  complaints4 ,one of the     
rights which the people always hoped for
 was the  privilege of assembling1      
meeting together1 talking over their    
troubles1  drawing up a petition1       
signing1 and presenting it1 praying 8a  
redress of  grievance04 ,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  world4 ,therefore one of the       
provisions of the ,constitution of the  
,united  ,states is the following3      
8,congress shall make no law 444        
abridging 444 the right of the people   
peaceably to assemble1 and to petition  
the ,government for a redress of        
grievances407#eg7    ,under this        
constitutional guaranty the people have 
the right to assemble  peaceably at any 
time or place1 to talk over their       
troubles1 and to draw  up a petition to 
the government seeking relief from      
unjust burdens4 ,where  they assemble   
peaceably there is no officer of the    
government and no court  that can       
interfere with them2 and when they      
petition the government they  cannot be 
reprimanded or punished in any way4 ,of 
course under our  representative        
government where the people themselves  

select those who  make the laws1 the    
necessity for assembling and drawing up 
petitions is  not so great4 ,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 
law4 ,if  you were in ,congress or in   
the legislature you would probably see  
some  member arise and say1 8,mr4       
,speaker1 ,i present the petition of the
 people  of my district objecting to the
 passage of ,bill ,no4 #gha1 which ,i   
desire to  have made part of the        
record01 and the ,speaker1 who is the   
presiding  officer1 would respond in    
substance1 8the request of the gentleman
 will be  granted and the petition will 
be made part of the record04    ,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 granted4    
,this being a government by the people  

and the laws  being made by their       
agents1 these agents of the people1     
members of  ,congress and of the ,state 
legislatures1 cannot carry out the will 
of the  people unless they know what the
 people want4 ,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  
defeated4 ,the truth is that  there are 
large numbers of people in this city who
 do not even know the  name of their    
congressman1 or representative in the   
legislature of the  ,state4 ,they do not
 pay any attention to such things1 yet  
when the  legislature or ,congress      
passes a law they are always ready to   
criticise  and condemn1 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
 people4 ,from time to time the people  

should assemble in every community to   
talk over government matters1 their     
matters1 the things that come most close
 to them in life4 ,you will find  men   
and women meeting every month in their  
lodges and clubs1 discussing  all sorts 
of things1 music1 art1 and literature1  
but we find hardly any  organized       
meetings for the discussion of the big  
things in life1 our  liberties1 our     
rights1 and our duties as citizens of   
this free republic4 ,i  hope to see the 
time when there will be community       
centers and regular  assemblies1 not for
 amusement but for serious discussion1  
serious thought1  and earnest coperation
 in the affairs of the city1 ,state1 and
 ,nation4  ,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 discussion4
  ,the rights and duties of each        
individual in government are of         

importance  to every other person1 and  
there should be frankness1 honesty1 and 
earnestness in every discussion of      
grievance and remedies1 so that public  
sentiment may be developed4 ,government 
in a democracy is government by the     
sentiment of the people2 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 life1       
liberty1 and happiness4    ,,elementary 
,,questions    #a4 ,which colonists came
 to ,america to avoid religious         
persecution8    #b4 ,why do people fight
 and die for their religious beliefs8   
#c4 ,in what ways were people persecuted
 for their religious beliefs8    #d4    
,where was the first statute granting   
absolute freedom of worship  passed8    
#e4 ,why is it a good thing to have     
freedom of speech8    #f4 ,name some    
famous ,americans who have been         
outspoken in saying what they  thought4 
#g4 ,can you publish in the paper a     

statement that ,mr4 ,x is a burglar8 ,if
  so1 can you be punished if your       
statement is not true8 ,if so1 how can  
you  have freedom of speech8    #h4 ,is 
the ,constitution of the ,united ,states
 in force in all the ,states of  the    
,union8    #i4 ,are there other         
constitutions which the people of       
different ,states must  observe8    #aj4
 ,why did the people want the right to  
assemble8    #aa4 ,do you know of any   
countries where they do not allow it8   
#ab4 ,do you know of anyone who ever    
sent a petition to a ,state legislature8
  ,to ,congress8 ,what was it like8     
#ac4 ,how many assemblies of people and 
petitions help to make our              
representatives do what we want them to 
do8    ,,advanced ,,questions    ,a4    
,name the places in the world1 where    
to-day there is religious  persecution4 
,b4 ,describe the conditions in         
,armenia4    ,c4 ,what are the real     
advantages of religions liberty8    ,d4 
,just how would it affect a person if   

freedom of speech were not  allowed8    
,e4 ,how may the right to freedom of    
speech be abused8    ,f4 ,during the    
recent war1 men were punished for what  
they said under what  is known as the   
,espionage ,act4 ,how can this be       
reconciled with freedom of  speech8     
,g4 ,discuss the method of organizing a 
community meeting4    ,h4 ,discuss the  
method of preparing a petition4    ,i4  
,suppose the opinion of the meeting     
should be divided1 what should be  the  
procedure8    ,j4 ,plan a method to make
 the people talk more about government4 
,k4 ,what are the dangers of a lack of  
interest in the affairs of  government8 
,l4 ,how will a congressman represent   
the wishes of the people if he  receives
 no petitions8    ,m4 ,write a paper on 
the following3          ,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            ,x4        
,,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 power4 ,they inserted  
in the  ,constitution the following     
provision3    8,a well regulated        
,militia1 being necessary to the        
security of a free  ,state1 the right of
 the people to keep and bear ,arms1     
shall not be  infringed407#eh7    ,they 
were making a government of free        
,states4 ,they did not wish to see the  
,national government become the master  

of the ,states nor the master of the    
people4 ,they believed that the         
government should be the servant and not
  the master4 ,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  force2 and  
therefore they furnished to the people  
of all the ,states the  guaranty that   
the ,states should have the right to    
have militia1 that is1  soldiers        
organized to maintain order and to      
defend the ,state1 if  necessary1       
against abuse of power2 and they        
guaranteed to the people the  right to  
bear arms lawfully4    ,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  weapons1 taking them     
away1 possibly punishing those who had  
them4 ,the  people are guarded by our   
,constitution against any such conduct  
on the  part of soldiers or             
representatives of the ,national        

government4 ,of course  this right1 like
 the right of free speech1 may be abused
 and when abused  punishment may be     
imposed4 ,for instance1 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 this4 ,if a man     
should walk  down the street here with a
 loaded revolver in his pocket he could 
be  arrested and imprisoned1 or fined1  
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 it4 ,a law  
against carrying concealed weapons      
imposes no burden upon any law-abiding  
citizen4 ,there are regulations1 of     
course1 permitting certain persons to   
carry weapons concealed1 police         
officers1 a sheriff1 and other peace    
officers2 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  restrictions4    
,some ,states require a bond to be filed
 guaranteeing good  conduct4 ,persons   
who have to carry large sums of money1  
express messengers  upon the trains1    
post office employees who carry         
registered mail1 and  other persons may 
be granted the privilege of carrying    
concealed weapons4  ,the laws regarding 
carrying concealed weapons differ from  
,state to ,state1  the punishment in    
some being a term in the penitentiary4  
,but in all this we find only regulation
 and careful provision to help  maintain
 order and peace2 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 
,states4    ,then we find a strict      
guaranty of the ,constitution against an
 abuse which  was common in the old     
world4 ,you know before ,america came   
into being the  strength of a government

 was the power of a government4 ,the    
people were  ruled by force2 they were  
kept in constant fear4 ,when this       
,nation was  organized it was the hope  
of the founders that we could have laws 
so just  that people would have love for
 their country and respect for its laws1
 so  that we would not have to inspire  
fear in the hearts of the people in     
order to make them obey4 ,laws should be
 obeyed not because of fear1 but        
because of respect1 because of a sense  
of duty4 ,laws should be obeyed  because
 we know that laws are necessary to     
protect our own liberties4 ,we  know    
that without law1 liberty is impossible4
    ,so that when the ,constitution was 
framed1 reflecting upon the abuses of   
the old world1 the makers of the        
,constitution inserted this guaranty3   
8,no ,soldier shall1 in time of peace1  
be quartered in any house1 without  the 
consent of the ,owner1 nor in time of   
war1 but in a manner to be  prescribed  
by law407#ei7    ,in the olden days the 

military power was supreme4 ,the soldier
 was part of  the military power4 ,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
  war4 ,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       
shelter4 ,of course the people1 being in
 fear of the military power1 would  not 
think of refusing anything demanded2 but
 the people of ,america1 under  our     
,constitution1 are supreme4 ,the soldier
 is subject to the people1 not  the     
people subject to the soldier4 ,while we
 must respect those who are the         
defenders of our country1 we must also  
respect our own rights and  privileges4 
,and every soldier1 general or private1 
must also respect our  rights and       
privileges4 ,no soldier can enter any   
home1 no matter how  humble1 without the
 consent of the owner1 except in times  
of war4 ,even in  times of war he cannot

 enter except under circumstances and   
conditions  prescribed by law4 ,the law 
being made by the people1 they will be  
protected against abuse4 ,of course in  
times of war every one should be  glad  
to give freely of what he has for the   
soldiers of his country1 but in  times  
of peace in this country the soldier1   
under our ,constitution1  understands   
that the home is sacred and that he has 
no right there unless  the owner invites
 him to enter4    ,i wonder if the      
people realize what these guaranties    
mean to them4 ,i  wonder if they        
understand how earnestly and how        
carefully those who framed  the         
,constitution endeavored to protect the 
sacred rights of every man1  woman1 and 
child in this country4    ,,elementary  
,,questions    #a4 ,why did the ,germans
 refuse to allow the ,belgians to keep  
and bear arms8    #b4 ,why is this right
 important to us8    #c4 ,ask some      
soldier who fought in ,france to tell   
you about how soldiers  quartered in the

 village4 ,would you like to see this in
 ,america8 ,why not8    #d4 ,what rights
 has a soldier in time of peace to      
demand admittance to a  house1 or to    
demand food8    #e4 ,in time of war     
under what conditions may a soldier be  
quartered in any  house8    #f4 ,where  
is the whole power of government in     
,america8 ,where is it in a  kingdom or 
monarchy8    #g4 ,do you know the name  
of your congressman8    #h4 ,when should
 a person be allowed to carry weapons8  
,,advanced ,,questions    ,a4 ,what is  
the importance of the right of keeping  
and bearing arms8    ,b4 ,what is the   
status of the ,national ,guard in your  
locality8 ,what are its  duties8 ,what  
is its purpose8    ,c4 ,what is the     
fundamental objection to the quartering 
of soldiers on a  population in time of 
peace8    ,d4 ,write a paper on the     
following3          ,the ,right to ,bear
 ,arms        ,the ,evils of ,quartering
 of ,soldiers        ,the ,purpose of   
the ,national ,guard        ,how the    

,soldiers ,were ,quartered in ,france   
,,xi4 ,,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 owner1  nor in time of   
war except in a manner prescribed by    
law1 we find the  ,constitution making a
 most positive provision guarding the   
sacredness of  the home1 the sacredness 
of the person1 and the things belonging 
to each  person4 ,in the olden days the 
people had to submit to the most brutal 
conduct4 ,a man might think some one had
 stolen his ring or his watch4          
,suspecting a neighbor1 and being the   
stronger1 or assembling his friends1  or
 some officers1 he might enter the      
neighbor's home1 search all through  the
 house among papers1 in the desks1 and  
in every trunk and other place  where   

personal belongings were kept1 might    
search the person himself1 his  pockets1
 and clothing4    ,of course you can    
easily understand that the people who   
were thus abused  would resent such     
actions4 ,in ,england the people in     
early days had  protested and had       
secured some guaranties from the king   
against these  outrages1 but the first  
absolute written guaranty of the full   
rights of  the people was when the      
following provision was inserted in our 
,constitution3    8,the right of the    
people to be secure in their persons1   
houses1 papers1  and effects1 against   
unreasonable searches and seizures1     
shall not be  violated1 and no ,warrants
 shall issue1 but upon probable cause1  
supported  by ,oath or affirmation1 and 
particularly describing the place to be 
searched1 and the persons or things to  
be seized407#fj7    ,of course it is    
apparent that so long as we have crimes 
committed the  wrongdoer must be        
punished4 ,wrongdoers naturally try to  

conceal the  evidence of their crimes3  
the murderer seeks to hide the revolver1
 the  thief seeks to hide the money1 the
 bonds1 or the jewels4 ,so it is        
necessary1 in order to find criminals   
and to recover valuable things they  may
 have taken1 to have the privilege of   
searching persons or houses4 ,but  the  
thing which the ,constitution guarantees
 is that no such search shall  be made  
except upon warrants issued by some     
court1 which are commands to a  peace   
officer to seize a certain person       
7arrest him7 or to search a  certain    
house or other place for things which   
might aid in administering  justice4 ,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 offense4 ,the place   
must be described4 ,the things or the   
persons to be  seized must be described4
 ,a warrant issued by any court1 no     

matter how  high1 without such a sworn  
statement being presented1 is void and  
in  violation of the rights of every    
person under the ,constitution4 ,the    
courts  are often called upon to enforce
 this right of the people4 ,the home1   
especially under our ,constitution1 is  
recognized as sacred4 8,every man's     
house is his castle0 and wherever1      
without the proper warrant1 search or   
seizure is made1 the court will promptly
 punish the wrongdoer and if  something 
has been seized or taken possession of  
wrongfully the court will  order it     
returned4 ,even though valuable as      
evidence of guilt1 the court  will not  
permit it to be used1 if it has been    
seized in violation of the  guaranty of 
the ,constitution4    ,no matter how    
humble the home1 whether it be owned or 
rented1 whether it  have one room or a  
dozen1 it stands exactly the same under 
this  constitutional provision1 and is  
guarded against 8unreasonable searches  
and seizures04 ,no matter how poor the  

owner1 he can stand at his door and     
defy all the officers of ,state or      
government1 yes1 and all the soldiers of
  the republic1 defy them to enter until
 the provisions of the ,constitution  of
 the ,united ,states shall have been    
complied with4    ,now1 we come to      
guaranties of the right of the people to
 protection  against any trial1 except  
the same be conducted in accordance with
 the  guaranties of the ,constitution4  
,these guaranties are for all persons1  
young or old1 rich or poor4 ,you know   
sometimes the innocent are charged  with
 grave crimes4 ,a crime is committed in 
the darkness of the night4 ,the         
criminal has fled4 ,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 wrongdoing4 ,this is not an easy   
task1 and no matter how careful         
officers may be1 mistakes are sometimes 
made and innocent persons are  arrested 
and charged with the offense4 ,bring    

this home to yourself1  because every   
one of these constitutional guaranties  
are for you1 for each  of you1 for your 
father1 mother1 brothers1 and sisters4  
,keep this in mind4  ,do not consider   
them as applying to somebody away off1  
some stranger in  whom you have no      
interest4 ,they apply to you4    ,now   
suppose that to-night a murder should be
 committed1 and to-morrow your  father  
should be arrested and charged with the 
crime of which he was  entirely         
innocent4 ,it will be very important to 
him that he should have a  fair chance1 
a fair trial4 ,his liberty would be at  
stake1 and liberty  under the           
,constitution is a sacred thing4        
,thinking of liberty his mind  would    
naturally turn to the ,constitution1 and
 if he examined it1 he would  find the  
following guaranty3    8,no person shall
 be held to answer for a capital1 or    
otherwise infamous  crime1 unless on a  
presentment or indictment of a ,grand   
,jury1 except in  cases arising in the  

land or naval  forces1 or in the        
,militia1 when in  actual service in    
time of ,war or public danger407#fa7    
,now you do not understand this1 do you8
 ,and yet it is very simple4 ,when a    
man is arrested1 he is brought before   
the court for trial4 ,but how1 and      
before whom shall he be tried8          
,remember that in ,america the          
enforcement of law is in the hands of   
the  people4 ,remember that this is a   
government by the people and that the   
chief purpose of government is to       
protect the liberties of the people4    
,here is your father's liberty at stake4
 ,if he should be convicted of  having  
committed this murder1 he might be      
hanged or sent to prison for  life1 so  
it is very important to him that the    
investigation into the  charge against  
him shall be conducted in the right     
manner4    ,under this constitutional   
guaranty which is also included in your 
,state  ,constitution1 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   
jury4 ,a grand jury1 generally  composed
 of twelve or more men selected from    
ordinary citizens1 is brought  together 
every term of court4 ,they sit in a room
 by themselves and hear  evidence as to 
the commission of offenses4 ,they have  
no power to find a  man guilty or not   
guilty4 ,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 offense4 ,they hear the witnesses   
for the  ,state or government4 ,the     
defendant is not brought before them    
personally1  nor is he represented in   
any way4 ,it is simply a secret         
investigation4 ,if  these men upon this 
investigation decide the evidence is not
 sufficient to  warrant the trial of a  
man1 he is discharged4 ,he cannot be put
 on trial  before the court4 ,before the
 court can proceed the grand jury must  

first  say that the man shall be tried4 
,the people thus have in their hands the
  power of protecting the innocent1 and 
the power of instituting proceedings    
against the guilty4 ,the grand jury     
brings in its report by an 8indictment0 
which is merely a written statement to  
the court that the grand jury  believes 
the defendant should be put upon trial  
for a certain offense4  ,when this      
indictment is brought in1 the defendant 
is called before the  court1 the charge 
is read to him1 and he is then required 
to say whether  he is guilty or not     
guilty4 ,if he says that he is not      
guilty1 then  preparation must be made  
for a trial in the court1 before a petit
 jury1 a  trial jury1 which we will     
consider later4 ,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

 committed4  ,he cannot be dragged by   
officers before some court and forced to
 go  hurriedly through a form of trial  
only to be found guilty4 ,the           
proceedings  must be deliberate and     
careful4 ,the ,constitution guards him  
against danger  of conviction without   
substantial proof of his guilt4         
,there are a few minor offenses1        
sometimes called misdemeanors1 and there
  are violations of city ordinances1 in 
which an indictment is not  necessary1  
but an indictment by a grand jury is    
necessary whenever the  crime is        
infamous or capital2 that is1 generally 
speaking1 when punishment  would involve
 imprisonment in the penitentiary or the
 taking of life by  hanging or          
otherwise4 ,you will understand this    
better as we consider the  trial before 
the petit jury4    ,you may think it is 
difficult to learn all about grand      
juries1 the number  of jurors1 and the  
manner in which they are sworn to       
perform their duties4  ,i do not blame  

you4 ,but bear in mind ,i am not        
insisting that you shall  learn all     
these details4 ,of course the more      
knowledge we have about these  matters  
the better4 ,but the important thing is 
that you shall learn that  away back    
more than one hundred and thirty years  
ago the people of ,america  in framing  
the ,constitution of our country1 by    
written guaranties1 made  this a        
government by the people4 ,knowing that 
the most sacred thing on  this earth is 
human liberty1 they sought to guard it  
by providing every  possible safeguard  
which would protect the innocent from   
unjust  conviction4 ,they trusted the   
people4 ,while courts were provided1 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 themselves4    ,grand juries are 
merely representatives or agents of the 
people4 ,as they  sit in court they are 
exercising some of the highest and most 

important  duties exercised by men4     
,grand jurors and petit jurors hold in  
their hands  the liberty of their       
fellowmen4    ,it is these great truths 
,i wish to impress upon you4 ,i want you
 to have  the knowledge1 but more than  
this1 ,i want you to have the spirit1   
the  spirit of confidence in your       
government1 and the spirit of gratitude 
that  you live in ,america where the    
people rule1 where the people not only  
make  the law1 but enforce it4          
,,elementary ,,questions    #a4 ,in the 
olden days how could a strong man abuse 
one suspected of  stealing8    #b4 ,what
 would he be compelled to do to-day8    
#c4 ,why are the guaranties regarding   
trials important to you8    #d4 ,who may
 accuse or charge a person with a crime8
    #e4 ,is a person charged with a     
crime necessarily guilty8    #f4 ,what  
is a grand jury8 ,what is its purpose8  
#g4 ,how are members of a grand jury    
servants of the people8    #h4 ,is a    
search warrant valid if no sworn        

statement has been filed8    #i4 ,what  
are the rights of the owner1 if a search
 is made without proper  warrant or     
papers8    #aj4 ,state the guaranty of  
the ,constitution with reference to     
indictment by  a grand jury4    #aa4 ,is
 the session of a grand jury secret or  
public8    #ab4 ,is the defendant       
present before the grand jury during the
  investigation8    #ac4 ,what is meant 
by 8indictment08    #ad4 ,what is done  
when the grand jury returns an          
indictment8    #ae4 ,what offenses may  
be prosecuted without an indictment8    
,,advanced ,,questions    ,a4 ,discuss  
the procedure of securing a search      
warrant8    ,b4 ,if we had no guaranty  
of security of property rights what     
effect would  this have with reference  
to working1 earning1 and saving8    ,c4 
,how is the fact that we have a grand   
jury an evidence of the care with  which
 our government guards our rights8      
,d4 ,what is a heinous crime8    ,e4    
,write a paper on3          ,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             
,,xii4 ,,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 us1    
that we are talking about our own       
rights1 that some day our liberties may 
be in danger1 let us take up the next   
guaranty of the ,constitution3 8nor     
shall any person be subject for the same
 offence to be twice put in  jeopardy of
 life or limb047#fb7    ,i am sure you  
do not know what that means4 ,i am sure 
there is not one of  you who ever       
dreamed that such a thing might happen  
to you as to be 8twice  put in jeopardy 
of life or limb04 ,this is very         
important and likewise very  simple4 ,in
 the olden days1 in the old world1 many 

a man was tried for a  crime in court   
and found not guilty1 and then later was
 arrested and put  on trial again and   
found guilty4 ,suppose your father1 as  
,i said the other  day1 should be       
arrested1 although he were innocent4    
,suppose he were  indicted by this grand
 jury and brought on for trial4 ,he     
would be  compelled to hire a lawyer1 if
 he were able to1 and get ready for     
trial4  ,the trial would come on1 and   
days or possibly weeks might be spent in
  examining witnesses4 ,finally the case
 would close and the jury would bring   
in a verdict of 8not guilty04 ,it would 
be an expensive proceeding4 ,perhaps  it
 would take all the money he had saved4 
,it would not only be expensive  but it 
would be a hard strain upon him1 your   
mother1 the other children1  and        
yourself4 ,it is a very serious matter  
for an innocent man to be tried  for    
murder4 ,still the verdict of 8not      
guilty0 comes in and you are all  full  
of joy to realize that his life and     

liberty have been saved4 ,now  suppose  
it were possible that within a couple of
 weeks afterwards he could  again be    
arrested1 indicted1 put on trial4 ,all  
of the family would again  be subjected 
to worry and sorrow4 ,you do not think  
it would be just1 do  you8 ,it would not
 be right4 ,of course it wouldn't be    
right1 but men in the  olden days have  
been compelled to submit to such        
injustices4 ,so when the  ,constitution 
was adopted this guaranty which ,i just 
read was put in there1  so that for any 
offense against the ,united ,states no  
man can be tried  again after acquittal4
 ,once a jury of his fellowmen1 his     
neighbors1 brings  in a verdict of 8not 
guilty0 that ends forever any           
prosecution for the  same offense4 ,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   
offense4 ,most of  the ,states have a   
like constitutional guaranty4    ,then  
there is another important guaranty3    

8nor shall 7he7 be compelled in  any    
criminal case to be a witness against   
himself047#fc7    ,i wonder if you have 
ever heard of the days when men were    
tortured to make  them confess4 ,i      
wonder if you ever heard of the rack    
where men were  stretched1 almost torn  
limb from limb1 or of the days when men 
were hung  up by their thumbs1 in order 
to compel them to admit their guilt of  
some  crime4 ,have you read of the      
burning of the soles of men's feet8 ,or 
the  application of red hot irons to    
other parts of the body in order to     
extort  a confession8 ,well those were  
common things in some of the countries  
in  the days before ,america was born4  
,men would be arrested1 charged with an 
offense1 and then an effort would be    
made to torture them into confessing  to
 the crime4 ,and often where no such    
brutal torture was employed1 men  were  
brought into court1 put on the stand1   
threatened1 examined1 and cross         
examined by lawyers to try to gain      

admissions which might help to prove    
their guilt4 ,of course this was all    
wrong4 ,it was brutal4 ,it was a        
violation of human right4 ,when the     
,constitution of the ,united ,states was
  framed this great abuse of human      
privilege was absolutely barred by the  
provision1 that no one can 8be compelled
 in any criminal case to be a  witness  
against himself04 ,in this country1 when
 a man is brought into  court charged   
with a crime1 it is the duty of the     
government to prove his  guilt4 ,this   
proof must be by the sworn testimony of 
witnesses of certain  facts or          
circumstances1 aside from any statement 
or admission by the  defendant4 ,he     
cannot be compelled to be a witness at  
all4 ,if he so wishes1  however1 he may 
be a witness for himself4 ,this         
privilege was denied him  under the     
,english practice for generations1 and  
even in this country in  many of the    
,states until a comparatively recent    
time2 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
 crime4 ,not only can he sit in the     
court room and listen to  the stories   
told against him1 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         
innocence4  ,every judge in criminal    
courts has been compelled at times to   
refuse to  admit in evidence before the 
jury certain statements or alleged      
confessions4 ,you may see in the paper  
where some man has been arrested for    
breaking into a bank or committing some 
other offense1 and it may be  further   
stated that the defendant has confessed 
that he broke into the  bank4 ,naturally
 you then say to yourself that he will  
be found guilty4  ,well this            
constitutional guaranty not only        
protects him in court but  protects him 

out of court4 ,he cannot be compelled to
 give answers after  his arrest while he
 is in jail1 or even if he is at liberty
 under bond1  which can be used against 
him upon the trial4 ,of course a person 
charged  with a crime may waive this    
constitutional guaranty4 ,he may        
voluntarily  say that he wants to tell  
his story1 and if he does so without any
  inducement1 promises1 or threats it   
may be admitted against him when the    
trial comes4 ,otherwise not4 ,to be     
admitted1 it must appear to be          
absolutely voluntary and of his own free
 will4 ,if it appears that the          
confession has been induced by promises 
of lighter sentence or 8that it  will be
 easier for him01 or if any other       
inducement is used to get him to        
consent to make his statement1 such     
statement cannot be used in evidence    
because of his constitutional guaranty4 
,many times ,i have seen the court      
refuse to admit proof of an alleged     
confession of a defendant1 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 defendant2 
but the jury and the people did  not    
happen to think of this constitutional  
provision4 ,perhaps they had  never     
heard of it4 ,every judge is sworn to   
uphold and defend the  ,constitution4   
,no judge can permit any provision of   
the ,constitution to be  violated if he 
can help it4 ,a man is on trial before  
him4 ,a written  confession is offered  
in evidence to help convict him4 ,the   
defendant's  attorneys claim that the   
confession was not voluntary but was    
induced by  threats or promises4 ,the   
court then makes inquiry and hears the  
witnesses  upon this question1 and if   
the court finds that the confession was 
not the  voluntary act of the defendant1
 the same will be excluded because the  
,constitution provides that no man      
8shall be compelled in any criminal case

  to be a witness against himself04     
,let us turn again to the false         
accusation against your father4 ,he is  
charged with murder4 ,he is on trial    
before a jury4 ,the attorney for the    
government pulls a paper out of his     
pocket and offers it in evidence4 ,it   
appears to be signed by your father4    
,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 jail1 and     
threatened that they would beat  him    
with their clubs unless he would sign a 
paper telling how he committed  the     
offense1 and that in terror he signed   
the paper4 ,at this point1 the  court   
would hear the statements of your       
father1 and other evidence1 and if  it  
appeared that there were any threats of 
any kind used to get your  father to    
sign the paper1 it would not be admitted
 in evidence at all4  ,your father would
 only claim his constitutional rights as
 an ,american1 and  they would not be   

denied to him4    ,there are notable    
instances in which confessions were made
 and signed by  innocent parties1 who   
were discouraged because the facts      
seemed to be all  against them1 who felt
 that they were certain to be convicted1
 and that  their punishment would be    
lighter if they would make a confession4
 ,under  this impression they made and  
signed a confession4 ,it was afterward  
found  that the confession was false and
 that they were innocent of the crime4  
,this constitutional guaranty protects  
against any injustice of this kind4     
,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      
country1 where no one shall be  deprived
 of his life or liberty except where    
proven guilty1 after a most  carefully  
guarded trial4    ,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 it8  ,i want every one1 even   
the smallest child1 to understand that  
every line  of the ,constitution was    
written to guard and protect each one of
 us1 young  and old1 against injustice  
and wrong4 ,these safeguards cannot be  
taken  away except by the people        
themselves4 ,the ,president cannot      
change the  ,constitution4 ,congress    
cannot change it4 ,judges cannot change 
it4 ,no one  but the men and women of   
,america can alter it in the least4     
,,elementary ,,questions    #a4 ,show   
how being put on trial again and again  
for the same offense would  be an       
injustice4    #b4 ,why is it right to   
have the verdict of 8not guilty0 final8 
#c4 ,what would be the result if it were
 not final8    #d4 ,why is this of      
particular advantage to the poor man8   
#e4 ,why should no man be compelled to  
be a witness against himself8    #f4    
,why do they allow a man to be a witness
 if he so desires8    #g4 ,what is the  

importance of the guaranty protecting   
the defendant from  being examined as a 
witness8    #h4 ,when a person is       
indicted for an offense1 what is the    
duty of the  government with reference  
to proof of guilt8    #i4 ,how is guilt 
proven in court8    #aj4 ,when may a    
confession made outside of court be     
introduced as evidence8    #aa4 ,why    
would anyone accused of a crime confess 
guilt1 when in fact he  might not be    
guilty at all8    #ab4 ,can the         
,president or ,congress or a judge      
change any of the provisions  of the    
,constitution8    ,,advanced ,,questions
    ,a4 ,discuss the democracy of the   
provision that the verdict of 8not      
guilty0  is final while that of 8guilty0
 may not of necessity be final8    ,b4  
,why are confessions wrung from         
frightened or tortured men likely to be 
untrustworthy8    ,c4 ,why should the   
8,third ,degree0 methods be prohibited8 
,d4 ,write a paper on the following3    
,the ,third ,degree        ,early ,cases

 of ,torturing ,accused ,persons        
,the ,burdens1 ,disadvantages1 and      
,injustice of ,permitting a ,retrial    
,after ,a ,verdict of 8,not ,guilty0    
,methods ,sometimes ,used to ,secure a  
,confession of ,guilt            ,,xiii4
 ,,life1 ,,liberty1 ,,and ,,property    
,rights ,protected ,by ,due ,process ,of
 ,law--,property ,taken ,for ,public    
,use      ,the three great things which 
every man1 woman1 and child cherishes   
are  life1 liberty1 and property4 ,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 guarded4  
,it is stated in the ,constitution that3
    8,no person shall 444 be deprived of
 life1 liberty1 or property1 without    
due process of law407#fd7    ,you can   
understand how important this is if you 
will realize how in the  olden days     
people were so brutally treated by their
 fellowmen1 especially  by those in     
power who happened to represent the     

government4 ,have you ever  read the    
story of the ,bastile1 a prison in which
 hundreds of ,french people  were thrown
 without a trial1 in which many were    
murdered and many kept in  dark cells   
chained to the floor for years8 ,have   
you ever read the story of  the ,tower  
in ,london1 where men were imprisoned   
and murdered without a  trial by any    
court and without an investigation by   
any one1 often without  the knowledge of
 their closest friends8 ,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 friends8     
,until you have  read something of the  
past1 and realize how people suffered1  
how they lost  their lives1 their       
liberty1 and their property1 you will   
never realize the  wisdom of those who  
framed our ,constitution1 nor the       
affection which they  had for the people
 of ,america in protecting them against 
such horrible  treatment4    ,no        

person's property can be taken1 no      
person's life can be taken1 no  person's
 liberty can be taken under our         
,constitution without due process  of   
law4 ,we do not need to discuss the     
meaning of 8due process of law04 ,you   
will learn more about this later1 as you
 study more fully the details of  the   
,constitution4 ,it is sufficient now to 
say that no person's life1  liberty1 or 
property can be taken away from him     
without his consent1  except by a trial 
before a legal court1 in which the      
person shall have the  right to a fair  
hearing4 ,he must have notice of the    
charge or claim made  against him4 ,he  
must have a chance to appear in person4 
,he must have the  right to employ      
attorneys to represent him4 ,he must    
have the privilege of  bringing in      
witnesses to tell the truth about the   
charges that may be  made4 ,there must  
be a decision by the court after a      
speedy public trial4  ,in all the       
,states of this country any one is      

entitled to such a trial1 and  he is    
also1 in case of defeat1 entitled to    
appeal and present his case to  a       
different and a higher court4 ,these    
courts are the courts of the people1    
selected by the people1 and neither     
government nor individuals have any     
right to take away anyone's life1       
liberty1 or property unless the people  
by and through their courts shall so    
find and do4    ,then we find the       
following constitutional provision3 8nor
 shall private  property be taken for   
public use1 without just                
compensation407#fe7    ,of course the   
government at times must have property  
which may belong to a  private person4  
,the public must at times take property 
belonging to an  individual4 ,property  
may be taken1 even when the owner will  
not consent to  it1 when it is taken for
 public use4 ,one man's property cannot 
be taken by  the government and given to
 another person4 ,government buildings  
must be  erected and land must be       

obtained for such purposes4 ,the public 
must have  railroads1 and a railroad can
 only be built when land is obtained for
 what  is called the right of way4      
,sometimes a railroad must run through  
lots or  farms belonging to private     
owners4 ,the higher right of the public 
to these  conveniences1 these           
necessities1 requires that when         
necessary the private  individual must  
give up his right of ownership to these 
higher public  uses4 ,but even for the  
,nation1 or the ,state1 or railway1 or  
for any other  public use1 not one foot 
of land may be taken from the poorest   
man in the  country unless he is first  
fully paid its value therefor4 ,usually1
 of  course1 the owner will sell his    
property for such purpose at a fair     
price1  but1 if he is stubborn and will 
not do so1 or if a fair price cannot be 
agreed upon then the government of the  
,state or of the ,nation1 or the  agents
 of the ,state or of the ,nation may    
take such property by first  having its 

value fixed by a commission1 or a jury1 
composed of the  neighbors of the owner4
 ,where the amount fixed by such        
commission or jury  is not satisfactory 
to the owner of the property1 he may    
appeal to the  court and have a trial1  
usually a jury trial1 in which he can   
bring his  witnesses and prove the value
 of his property1 so that he will       
finally  receive its full1 fair1 just   
value4    ,by this constitutional       
guaranty every person is well guarded in
 his  ownership and possession of       
property4 ,in countries existing before 
,america  not much attention was paid to
 the rights of property owners4 ,if the 
king  or emperor should demand          
possession of a certain piece of        
property the  owner had little to say   
about it4 ,he received his orders and   
obeyed them1  because he was afraid of  
the power of the government4 ,the       
government could  pay or not as it      
pleased4 ,but this period of wrong and  
injustice was  ended1 so far as the     

people of ,america were concerned1 when 
the  ,constitution became the final     
power in this land4    ,there are a few 
people in this country who seek to have 
private ownership  of property          
abolished4 ,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              
,constitution4 ,the ,constitution stands
 guard over the farms1 the  homes1 the  
money1 and all forms of personal        
property4 ,it guards the  cottage of the
 widow with the same jealous care that  
it does the ten-story  building of the  
bank4 ,no person and no power can       
interfere with the right  to accumulate 
property and to hold it1 provided only  
it is honestly  obtained4               
,,elementary ,,questions    #a4 ,what   
are the three things that every man1    
woman1 and child cherishes8    #b4 ,what
 does the ,constitution say about these 
three things8    #c4 ,what was the      
,bastile8 ,the ,tower of ,london8    #d4

 ,show how injustice was worked by      
confining people without due process  of
 law4    #e4 ,what are some of the      
essentials of 8due process of law08     
#f4 ,when can private property be taken 
by the government8    #g4 ,when the     
,state wishes a piece of land1 end the  
owner will not sell for  a fair price1  
how is the matter adjusted8    #h4 ,what
 right for reconsideration has a person 
against whom a judgment has  been       
rendered in a trial court8    #i4 ,how  
can the reasonable value of property be 
established or proven8    #aj4 ,suppose 
the ,president of the ,united ,states   
wished a certain piece of  property upon
 which to build a summer home4 ,could   
the ,president secure the  land8 ,give  
reasons4    ,,advanced ,,questions      
,a4 ,what are some of the steps         
necessary to due process of law8    ,b4 
,what would be the effect on people if  
life1 liberty1 or property could  be    
taken without due process8    ,c4       
,discuss the process of condemning      

property4    ,d4 ,write a paper on the  
following3          ,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                 
,,xiv4 ,,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  kind1 and yet1 as ,i have 
already explained to you1 the innocent  
are  sometimes brought before the court 
charged with a grave offense4 ,therefore
  you should be interested in the       
investigation of the truth of any charge
  that may be made against you1 whether 
by a private individual or by a  public 
officer4    ,i have already explained to
 you that in all grave offenses when a  

person  is charged with a crime1 he     
cannot be brought before the court for  
trial  until the grand jury has         
investigated the facts and until they   
have  returned an indictment1 or written
 charge1 to the court4 ,until this is   
done1 the court has no power to proceed4
    ,but now suppose that you have been 
arrested1 suppose that a grand jury has 
investigated the charge against you1 has
 heard witnesses1 and has returned  an  
indictment4 ,you are then brought up    
before the court1 and the  indictment is
 read to you4 ,this indictment ,i will  
explain to you more  fully later4 ,when 
the indictment is read you are then     
required to say  whether you are        
8guilty0 or 8not guilty04 ,if you have  
committed the crime  charged1 it may be 
advisable to plead guilty and ask for   
the mercy of the  court in the          
punishment which he may impose4 ,courts 
usually temper justice  with mercy4     
,courts will usually impose a lighter   
sentence when a guilty  person pleads   

8guilty0 and avoids the delay and       
expense of a trial4 ,but1  if you are   
innocent1 you will plead 8not guilty01  
and then the government1  through its   
officers1 will get ready for trial4 ,you
 may not be tried right  away1 as it    
usually takes some time to investigate  
the facts and get the  witnesses into   
court4 ,as ,i will hereafter explain1   
you will be entitled to  an attorney    
when the time comes for your trial1 when
 you will have a  chance to hear the    
witnesses offered by the prosecution1   
introduce your  own witnesses1 and1     
under our present law1 testify yourself1
 tell your own  story4    ,if you will  
walk into a court some day you will see 
the judge and over at  one side twelve  
chairs for the jury4 ,when your case is 
called for trial  the first thing will  
be to select the twelve men who will be 
the jury in  your case4 ,i am not going 
to give the manner of selection at this 
time4  ,this will be fully explained    
later4 ,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 tried1 not before a     
judge1 but by  a jury composed of men   
from the ordinary walks of life1        
laborers1  merchants1 farmers1 people of
 all classes2 men just like your fathers
 are4  ,they are called4 ,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 them4  
,the ,constitution provides3    8,in all
 criminal prosecutions1 the accused     
shall enjoy the right to a  speedy and  
public trial1 by an impartial jury of   
the ,state and the  district wherein the
 crime shall have been committed1 which 
district shall  have been previously    
ascertained by law407#ff7    ,this is an
 absolute guaranty--a right which is    
given to you1 given to  each of you1 to 
every man1 woman1 and child1 young or   
old1 regardless of  color or creed4 ,a  

trial without a jury would be a         
violation of your  constitutional       
rights4 ,of course1 there are a few     
minor offenses1  misdemeanors1 and      
violations of city ordinances1 which are
 sometimes tried  without a jury1 but in
 all infamous crimes1 for which life may
 be taken as  punishment or for which a 
person may be sent to the penitentiary1 
every  one is entitled to a trial before
 a jury4    ,is not this a sacred right8
 ,don't you think that it is wise to    
permit  people to have their rights and 
wrongs determined by a body of plain1   
honest men8 ,it removes any suggestion  
of the abuse of power by a person in  a 
public position4 ,it inspires confidence
 in those who are brought before  the   
court for trial4 ,if we cannot obtain   
justice before such a body of  men1 how 
can justice be obtained in this world8  
,i have already told you that in this   
country the people are not only the     
makers of the law but the enforcers of  
the law4 ,it is in these jury trials    

where the people enforce the law4    ,of
 course1 the hearing before the jury is 
held in court4 ,the judge  presides4 ,he
 directs the proceedings of the trial1  
sees that it is  conducted in an orderly
 way1 endeavors to prevent any          
falsehoods from  getting before the     
jury1 keeps away from the jury any      
hearsay or gossip1  or expressions of   
prejudice1 or other matters not founded 
on absolute  knowledge and truth4 ,but  
the jurors are the sole judges of what  
the truth  is1 and1 when the case is    
closed1 when the evidence has all been  
introduced and the attorneys have made  
their arguments and pleas1 the  members 
of the jury retire to a private room by 
themselves4 ,there they  discuss the    
evidence1 come to some conclusion1 make 
a finding of 8guilty0  or 8not guilty01 
and bring in their finding in the form  
of a verdict4    ,have you also observed
 that the constitutional protection of  
your liberty  not only provides for a   
jury trial1 but also provides that it   

shall be a  8speedy0 trial4 ,that is1   
one charged with a crime cannot without 
his  consent1 be locked up for weeks and
 months and years1 as has often         
occurred in other parts of the world4   
,he is entitled to be tried just as     
soon as the case can be prepared for    
trial1 in justice to both sides4  ,cases
 are often postponed for many months1   
but only by consent of the  accused4 ,a 
case not tried at the second term of    
court will usually be  dismissed except 
when the defendant consents to the      
delay4    ,the ,constitution also       
provides that it must be a public trial4
 ,oh6 how  many men in the long ago have
 been tried and condemned in private1   
where  only a few enemies were present1 
where one's friends and neighbors could 
not hear the charges or the evidence4   
,in this country the doors of the  court
 room must be open4 ,any one has a right
 to enter and listen to the             
proceedings4 ,the public has a right to 
know what is being charged against  the 

humblest citizen1 and what the          
proceedings against him are4 ,thus is   
justice guarded4    ,then the           
,constitution provides that the trial   
shall be before 8an  impartial jury of  
the ,state and district wherein the     
crime shall have been  committed40 ,this
 is important4 ,we are not to be sent   
away among strangers  to be tried4 ,that
 is what they used to do long ago4 ,that
 is one of the  things which our        
forefathers complained of most bitterly4
 ,in the  ,declaration of ,independence 
the colonies declared3    8,he 7the     
,king of ,great ,britain7 has combined  
with others to subject us to  a         
jurisdiction foreign to our             
constitution1 and unacknowledged by our 
laws2 giving his ,assent to their acts  
of pretended legislation 444 for        
depriving us in many cases1 of the      
benefits of ,trial by ,jury 444 for     
transporting us beyond ,seas to be tried
 for pretended offenses40    ,when the  
,constitution was adopted the people    

made up their minds that  nothing of    
that kind should ever occur again in    
free ,america4 ,they were so  careful   
that they went so far as to provide that
 the district where a  trial shall be   
held 8shall have been previously        
ascertained by law04  ,that is to say1  
that the place of trial1 the county or  
district where it  shall be held1 must  
be fixed by law before the crime is     
committed4 ,the  courts or the          
legislature of any ,state cannot1 after 
a crime is committed1  pass a law       
providing that such a crime shall be    
tried in a district then  to be named4  
,the law must fix this in advance of the
 commission of any  offense4 ,for       
instance1 without such a constitutional 
provision1 a person  who committed a    
crime in the ,state of ,new ,york might 
be taken to  ,california to be tried4   
,this would not be ,american justice4   
,the accused  would have the right to   
point to the ,constitution of his       
country and  demand that he should be   

tried in ,new ,york1 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 office1 but his      
unlawful conduct would perhaps result in
 his impeachment4 ,the proceedings      
would be reversed by a higher court1 and
 the party would be granted a new  trial
 at a place and in accordance with his  
constitutional privileges4    ,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  people8        
,,elementary ,,questions    #a4 ,why    
should all of us be interested in a     
trial8    #b4 ,describe a court room    
scene4    #c4 ,why is trial by jury a   
sacred right8 ,what would it be like if 
we did  not have this right8    #d4 ,how
 are jurors selected in your ,state8    
#e4 ,why is the trial to be held in the 

vicinity where the crime was  committed8
 ,what would be the dangers of taking it
 far away8    #f4 ,why should the jury  
be impartial8    #g4 ,if the accused    
person is guilty1 why is it advisable to
 plead guilty8    #h4 ,why is it        
impracticable to hold a trial           
immediately after the arrest of  the    
accused person8    #i4 ,what is the     
first step in the actual trial8    #aj4 
,after a jury is selected1 what is      
required of them before the trial       
commences8    #aa4 ,why is a speedy     
trial essential to justice8    #ab4 ,why
 is it important that the trial should  
be public8    #ac4 ,state some offenses 
that are sometimes tried without a jury4
    ,,advanced ,,questions    ,a4 ,can  
the judge declare an accused man guilty8
    ,b4 ,how is trial by jury an        
evidence of the rule of the people8     
,c4 ,show how this benefits the poor man
 and the rich man equally4    ,d4 ,why  
are some trials delayed for many months8
    ,e4 ,what is the importance of the  

clause 8shall have been previously      
ascertained by law08    ,f4 ,discuss the
 relative role of jury and judge in a   
trial4    ,g4 ,write a paper on the     
following3          ,the ,method of     
,selecting ,jurors in ,your ,state      
,delay in ,trial        ,the ,injustice 
of ,remote ,trials        ,trial by     
,jury vs4 ,trial by a ,judge        ,the
 ,procedure of a ,trial ,from ,beginning
 to ,end            ,,xv4 ,,the         
,,indictment           ,defendant ,must 
,be ,informed ,concerning ,the          
,accusation ,against ,him      ,now1 my 
friends1 in order to understand more    
fully the value of our  constitutional  
rights1 let us again imagine ourselves  
in a place of  danger1 danger of our    
liberty or of our life1 and let us      
recall how  carefully we have been      
guarded4 ,to the poorest tramp1 or the  
richest  millionaire1 the same rules    
apply4 ,innocent persons may be accused 
of  crimes2 they may be arrested1 but   
they cannot be brought into court and   

put upon trial until they are fully     
advised of the charge against them4     
,the ,constitution provides3    8,in all
 criminal prosecutions1 the accused     
shall 444 be informed of the  nature and
 cause of the accusation407#fg7    ,this
 is the first step in bringing a person 
to trial4 ,he does not go  blindly4 ,he 
must be informed 8of the nature and     
cause0 of the charge  against him4 ,he  
must be given full knowledge of the     
crime which it is  claimed he committed4
 ,how is this done8 ,well1 we have to   
consider the  constitutional provision  
that one cannot be put upon trial for an
 infamous  crime 8unless on a           
presentment or indictment of a ,grand   
,jury04 ,what this  constitutional      
provision means is1 that a grand jury   
shall hear and  consider the evidence   
and1 if satisfied that a person shall be
 tried1 they  shall draw up a writing   
called an 8indictment01 which they shall
 return  publicly in court4 ,this       
indictment is a brief statement by which

 the grand  jury makes a charge against 
the person named of having committed a  
certain  offense1 and the indictment    
must state not only the name of the     
offense1  but the manner1 briefly       
stated1 in which the grand jury claims  
the offense  was committed4    ,so that 
under this constitutional guaranty the  
person accused knows what  he is to be  
tried for4 ,this enables him to prepare 
for his defense4 ,when  his attorney is 
consulted he examines a copy of the     
indictment4 ,he sees  what is charged in
 it4 ,he then talks over with the       
accused the facts and  circumstances    
with relation to the crime charged4 ,he 
then makes proper  inquiry4 ,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
 prosecution4    ,so you see how        
valuable this right is4 ,one may proceed

 intelligently1 with  full light upon   
the alleged transaction4 ,he is not     
required to stumble in  the darkness1   
perhaps to tumble into a pitfall4       
,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 
committed4 ,if he  were not first       
advised of the nature of the charge and 
the circumstances  he might be helpless4
 ,you know evidence is brought before   
the court by  witnesses who are called  
by the attorneys for the prosecution and
 for the  accused4 ,these witnesses take
 oath to tell the truth4 ,but1          
unfortunately1  witnesses do not always 
tell the truth4 ,they sometimes commit  
perjury4 ,one  must be ready to meet    
false testimony4 ,by the constitutional 
guaranty  requiring that the accusation 
be in writing1 stating the crime and its
  nature1 one can be prepared4 ,in many 
of the ,states still greater  precaution
 is taken to guard against any possible 

wrong1 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 offer1 this  
to be furnished  before the trial       
commences so that the defendant may get 
ready to meet it4    ,did you ever go   
into a court when a man was upon trial  
for a grave  offense8 ,you should do so4
 ,everyone should do so4 ,but you should
 go there  with the proper spirit1 not  
for amusement1 not to criticise1 but    
with a  full realization of the great   
human drama there being enacted4 ,there 
at or  near the trial table you will see
 the defendant1 the man who is being    
tried4 ,he may be a stranger4 ,he may be
 poor4 ,he may possibly be wicked1  but 
he is a human being2 and no matter what 
faults he may have he is an  ,american  
citizen1 and under the ,constitution of 
our country he cannot be  convicted     
until proven guilty of the particular   

crime charged in the  indictment4 ,he   
sits there while witnesses are telling  
their stories4 ,you  will see him       
watching the jury4 ,occasionally he     
looks at the judge4 ,but he  knows that 
no matter what the judge may think1 he  
cannot find him guilty4  ,the jury and  
the jury alone can convict4    ,it is a 
solemn proceeding1 though the lawyers   
may at times appear to use  trifling    
words in their discussions4 ,the        
prisoner looks through the court  room  
window4 ,outside the sun is shining1 the
 birds are singing1 and the  breezes    
sway the branches of the green trees4   
,everything seems to suggest  liberty   
and freedom4 ,at no time is liberty so  
sweet as when it is in  danger4 ,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 prison4    ,to-day it is  
the stranger who is on trial4 ,to-morrow
 it may be someone who  is near and dear

 to you4 ,if such misfortune should     
come1 then you will  fully realize what 
a wonderful blessing it is that under   
our ,constitution  everyone is assured  
of a fair trial1 that a person can only 
be tried for  the specific offense      
stated in the indictment1 and that a    
verdict of  guilty can only be rendered 
when the evidence is strong enough to   
convince  the jury of guilt beyond a    
reasonable doubt4    ,,elementary       
,,questions    #a4 ,restate the         
guaranties that every man has before    
being brought to  trial4    #b4 ,why    
should the accused be informed of the   
nature of the accusation8    #c4 ,what  
would be the result if he were not so   
informed8    #d4 ,why is it necessary   
that this accusation be put in writing8 
#e4 ,why is this important to everybody8
    ,,advanced ,,questions    ,a4       
,illustrate the dangers of secret       
charges4    ,b4 ,what chance has a      
person with malicious and secret gossip8
    ,c4 ,upon a trial can evidence of   

hearsay or gossip be offered to prove   
guilt8    ,d4 ,when a person makes a    
charge against a person and says1       
8,don't tell  anyone that ,i said this01
 what is the effect8    ,e4 ,tell some  
of the dangers and injustices of        
slander4    ,f4 ,what is the first step 
in bringing an accused person to trial8 
,g4 ,is it sufficient to charge the     
defendant with having committed murder  
without any further explanation8 ,give  
reasons4    ,h4 ,what is required of a  
witness before he is examined8    ,i4   
,what is perjury8    ,j4 ,why is a trial
 a solemn proceeding8    ,k4 ,how strong
 must the evidence be in order that a   
person may be found  guilty8    ,l4     
,write a paper on the following3        
,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            ,,xvi4 ,,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 ,constitution1 no   
one  certainly who is not a trained     
lawyer1 will realize the many safeguards
  necessary to protect persons who may  
be wrongfully accused of a crime2 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 liberty4    ,of course you now    
understand that in case an indictment is
 returned by the  grand jury1 the person
 accused comes into court1 or is brought
 in1 and  enters his plea of 8guilty0 or
 of 8not guilty04 ,if he pleads 8not    
guilty0  a jury is brought together1    
8empanelled01 as it is called1 and they 
are  sworn to hear the evidence1 and    
decide the case according to the        
evidence4    ,but in these grave        

criminal trials1 in order that the truth
 may prevail1  every accused person is  
given the right to be confronted by the 
witnesses  against him4 ,the            
,constitution provides3    8,in all     
criminal prosecutions1 the accused shall
 444 be confronted with  the witnesses  
against him407#fh7    ,what does this   
mean8 ,it means that the government1 the
 prosecution1 cannot  prove guilt by    
witnesses who are not present in court  
where the defendant  can see them1 where
 they may be cross examined by counsel1 
where the jury  may observe them1 and   
study their conduct and demeanor1       
because this often  helps in determining
 whether a person is telling the truth  
or a falsehood4    ,in ordinary trials  
where property alone is involved1 a     
witness may live in  another ,state or  
at some great distance from the place of
 trial4 ,witnesses  cannot be brought a 
long distance in those cases4 ,in some  
,states they  cannot be compelled to    
attend a distance of more than seventy  

miles4 ,in  other ,states1 not more than
 one hundred miles2 so that to get their
  testimony1 the parties take their     
depositions4 ,this means that instead of
  bringing the witness into court1 the  
parties obtain an order by which they   
can go to the place where the witness   
is4 ,there he is sworn before a         
commissioner1 or a notary public1       
examined1 and his testimony is taken in 
writing4 ,the testimony is returned to  
the court where the trial is to be      
held1 and is then read to the court or  
the jury upon the trial4    ,but in the 
trial of a person accused of a crime1   
depositions cannot be  used against him4
 ,statements of witnesses in writing1 or
 in any other  form1 cannot be used by  
the prosecution4 ,the witnesses must be 
physically  in court before the accused1
 and there orally testify1 and the      
defendant  must have the right to cross 
examine them4    ,but to give the       
accused person every possible aid in    
enabling him to have  the truth brought 

before the court and jury1 he may take  
the depositions  of witnesses in his own
 behalf4 ,that is1 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 defendant1 but the
 defendant  is given the privilege of   
taking the testimony of witnesses at a  
distance1  in the form of depositions   
which are read to the jury4    ,this    
provision of the ,constitution may be   
very important to an innocent  person   
sometimes4 ,the importance of it may    
never appear to us until  unfortunately 
we be wrongfully accused of a crime1 and
 our life or liberty  in danger4        
,then the ,constitution further         
provides3    8,in all criminal          
prosecutions1 the accused shall enjoy   
the  right 444  to have compulsory      
process for obtaining witnesses in his  
favor407#fi7    ,this is also very      
important4 8,compulsory process0 means  
an order of the  court1 commonly called 

8subpoena01 which is served upon        
witnesses by the  marshal1 or the       
sheriff1 or other authorized person1    
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      
trial4    ,here ,i wish you to recall   
the unfortunate fact that every little  
while  somebody is complaining about our
 government as 8a rich man's            
government04  ,it is often claimed that 
the poor have no chance for justice4    
,the truth is  that the rich and the    
poor stand equal in the courts4 ,in     
creating the  ,constitution1 it is known
 of course that someone might be brought
 before  the court who was poor1 without
 money1 possibly without friends4 ,he   
might  be innocent1 but in order that   
his innocence might be established it   
would  be necessary for him to have     
witnesses who might live many miles     
away1 who  would not come into court to 
testify of their own free will4         

,therefore1  there was inserted in the  
,constitution this provision1 that every
  defendant shall have the right to     
compulsory process1 commanding witnesses
  to appear1 and there is no one so poor
 that he cannot have this privilege1    
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  them1   
but it pays the expense of serving1 and 
pays the witness fees and  mileage1 so  
that the poor man has all of the rights 
in getting the truth  before the court  
and jury that the richest may have4     
,furthermore1 in the same ,american     
spirit1 when persons accused of an      
offense are too poor to employ counsel1 
the government will furnish  counsel4   
,the ,constitution provides3    8,in all
 criminal prosecutions1 the accused     
shall 444 have the ,assistance  of      
,counsel for his defence407#gj7         
,there is no person so poor1 or obscure1
 or friendless1 that when he is  charged

 with a crime which might affect his    
liberty or his life1 he shall  not have 
the right to a full1 fair trial4 ,not   
only are his witnesses  produced and    
paid by the government1 but an attorney 
is appointed by the  government to      
represent him1 and help him establish   
his innocence4    ,this is a wonderful  
illustration of the paternal care which 
is manifested  for those who may be     
unfortunate1 and this is all because    
under our  ,constitution1 liberty is a  
sacred thing1 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 jury1 where the 
party has been confronted with the      
witnesses against him1 where he has had 
a chance to furnish witnesses in  his   
behalf and the aid of counsel in his    
trial4    ,then the people who brought  
the ,constitution into being1 feeling   
that so  far as practicable they should 
have control of the enforcement of law  
not  only in criminal cases1 but in     

civil cases1 included a guaranty in the 
,constitution that3    8,in suits at    
common law1 where the value in          
controversy shall exceed  twenty        
dollars1 the right of trial by jury     
shall be preserved407#ga7    ,of course 
there is often more or less controversy 
about property of small  value1 where   
the expense and delay of jury trials    
might possibly be  oppressive1 but in   
any case involving more than twenty     
dollars in value1  triable under the    
common law1 which includes practically  
all cases except  those peculiar cases  
triable in ,chancery1 or in ,courts of  
,equity1 the  parties are entitled to a 
trial by jury4 ,that is1 instead of     
introducing  their evidence and having  
the judge decide what the truth is      
between them1  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  
truth4    ,and furthermore1 the people  
provided in the ,constitution that3     

8,no fact tried by a jury shall be      
otherwise re-examined in any ,court of  
the ,united ,states1 than according to  
the rules of the common law407#gb7      
,here again is the right to a jury      
trial1 and the benefit of a jury trial1 
and to a trial according to the         
established rules and precedents of the 
common law courts carefully preserved4  
,now my friends1 ,i know that there is  
much confusion in your minds about      
trials in court4 ,i do not expect you to
 know all about trials4 ,we are         
studying the guaranties of the          
,constitution so that we shall learn    
human  rights--our rights--under the    
,constitution4 ,i am talking to you     
about the  safeguards of the            
,constitution so you shall know your    
rights1 especially  so that you will    
always venerate the ,constitution which 
guards your  rights1 and defend it      
against those who may assail it4 ,but ,i
 do want you  to have a clear idea of   
what a trial in court is4 ,i want you to

 know the  purpose of the long days of  
examination of witnesses1 the objections
 of  the attorneys to certain questions 
asked1 the rulings of the court1 and    
the arguments of counsel4    ,the main  
purpose1 aim1 and object of every       
lawsuit1 as trials are  usually termed  
by people who are not lawyers1 is to    
find the truth4 ,the  proceedings in    
court in every lawsuit are a continuous 
search for the  truth4 ,if in disputes  
we could agree to what the truth is1    
there would be  few lawsuits to try4    
,a lawsuit only arises where there is a 
dispute to settle4 ,if people agreed    
about their rights there would be little
 need of courts4 ,in criminal  cases1   
the government through the grand jury   
charges by indictment that a  man       
committed a certain crime4 ,the         
government says the man did it4 ,he     
denies it by a plea of not guilty4 ,he  
says he did not4 ,the trial before  the 
petit jury is merely a search for the   
truth about the charge4 ,what is  the   

truth about the matter in dispute1 that 
is all that is involved in an  ordinary 
lawsuit4    ,picture two boys in a      
dispute about which owns a ball4 ,one   
positively  asserts that it is his1 that
 his father bought it and gave it to    
him4 ,the  other is just as sure that it
 is his4 ,he says that his brother gave 
it to  him4 ,they quarrel so excitedly  
that a neighbor coming across the street
  asks the cause of the trouble4 ,they  
tell him their claims and ask him to    
decide4 ,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 yard4 ,the  other
 says that his brother gave him a ball  
with red and white stitches4  ,the      
neighbor1 after hearing these and many  
other claims1 decides the case1  giving 
the ball to the boy whom he finds to be 
the owner4    ,in this we have every    
element of a lawsuit4 ,the dispute1 the 
court 7the  neighbor71 the witnesses    
7the boys71 and the judgment based upon 

what the  neighbor finds to be the truth
 from the evidence before him4 ,that is 
all  that any court or jury can do1 but 
under the ,constitution in cases        
involving life or liberty every possible
 safeguard is provided so that the      
truth may be found1 so that justice may 
be done4    ,,elementary ,,questions    
#a4 ,why should all witnesses for the   
prosecution speak in the actual         
presence of the accused8    #b4 ,why    
should the accused be allowed to have   
testimony in his favor  submitted in    
writing8    #c4 ,in what cases is       
written testimony ordinarily admitted8  
#d4 ,what is compulsory process8    #e4 
,in what ways does the ,constitution aid
 the poor man8    #f4 ,in what cases may
 there be a trial without a jury8    #g4
 ,what is the main purpose of any       
lawsuit8    #h4 ,what is meant by       
cross-examination of a witness8         
,,advanced ,,questions    ,a4 ,in what  
way do these provisions sustain the fact
 that our government is  a democracy8   

,b4 ,is a person more likely to commit  
perjury when not actually facing the    
person accused8 ,give reasons4    ,c4   
,what is the provision of the           
,constitution as to 8compulsory         
process08  ,explain the importance of   
this right4    ,d4 ,explain the         
provision of the ,constitution as to the
 right to have  counsel4    ,e4 ,show   
how compulsory process and free counsel 
help the poor man4    ,f4 ,why is jury  
trial omitted in small controversies8   
,g4 ,what is a 8civil0 case8    ,h4     
,write a paper on the following3        
,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 ,money1
 ,accused of an ,offense3 ,how the      
,constitution ,helps ,him               
,,xvii4 ,,punishment      ,prohibition  
,of ,excessive ,bail ,or ,fines1 ,cruel 
,or ,unusual ,punishments1 ,and         
,involuntary ,servitude      ,before we 

finish1 ,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  court1 tried1 and   
convicted or acquitted4    ,i have      
already explained that the first step is
 the arrest of the  suspected           
person47#gc7 ,again put yourself in the 
place of the suspected  person4    ,you 
are arrested4 ,it is the duty of the    
officer making the arrest to bring  you 
into a court1 but this is not generally 
to a trial court4 ,a person is          
generally brought before what is called 
a committing magistrate1 a justice  of  
the peace or commissioner--some person  
having authority to issue  warrants of  
arrest4 ,you may be far from home and   
friends when you are  arrested4 ,you may
 be entirely unacquainted in the        
neighborhood4 ,the  government is not   
ready to proceed to your trial4         
,witnesses must be  summoned1 not only  
for the government1 but if you have     
witnesses you  desire to use1 they must 

be brought in4    ,the general rule is  
to set the case for hearing--a          
8preliminary hearing0 in  a day or two1 
or a week possibly4 ,you must therefore 
wait until this time  comes4 ,what are  
you going to do8 ,must you go to jail   
until they get ready  to have the       
hearing8 ,no1 you are entitled to bail2 
that is1 you are  entitled to be        
discharged upon a bond fixed by the     
magistrate1  commissioner1 or judge4    
,there are usually only two offenses    
which are not1  as the saying is1       
bailable--murder and treason4 ,usually  
where murder or  treason is charged1 the
 person is not admitted to bail4 ,he is 
locked up in  a cell to await trial2 but
 as a general rule1 when a person is    
arrested  his bail is fixed--that is1   
the amount of the bond which he must    
file in  order to be discharged pending 
the trial4 ,for instance1 if it were a  
charge of stealing a bicycle1 the court 
might fix the bail at #ejj or  #ajjj4   
,that would mean that if he would file a

 bond1 with sureties1  conditioned that 
in case he did not appear for           
hearing--that he should run  away1 for  
instance--the sureties would pay into   
the court the amount of the  bond4      
,mostly any person of fair standing in a
 community can secure some  friends who 
will sign such a bond1 so that he may   
have his liberty until  the trial4      
,but the framers of the ,constitution1  
again anxious about the liberties of    
the people1 provided3    8,excessive    
bail shall not be required407#gd7       
,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 bail1 the   
purpose being to compel the  party to   
remain in prison4 ,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 reasonable1   
the person arrested may have the  matter

 brought before the court1 who will make
 full inquiry1 and reduce  the amount of
 the bail if found to be too large4     
,all through these guaranties of the    
,constitution1 all through these        
provisions guarding the sacred rights of
 every person1 you will see that  the   
effort is that justice shall be done1   
not injustice2 that right shall         
prevail1 not wrong4 ,that no one shall  
be kept in prison1 deprived of his      
liberty1 unless absolutely necessary in 
the interest of justice4    ,then after 
a trial1 if a person is found guilty1   
the ,constitution again  guards the     
rights even of the guilty1 by providing3
    8,excessive fines 7shall not be7    
imposed1 nor cruel and unusual          
punishments inflicted407#ge7    ,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 offenses4      
,common hanging was not  regarded as    

sufficient punishment4 8,hanged1 drawn  
and quartered0 was often  heard in the  
courts of countries which had been left 
behind4 ,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 warning4 ,it was not     
uncommon in those times to have a       
penalty of death  imposed for the       
offense of stealing4    ,it is almost   
impossible to read of the punishments of
 the olden days1 even  under decrees of 
courts1 without a shudder4 ,therefore1  
every one in  ,america should be filled 
with gratitude that in the adoption of  
our  ,constitution these excessive      
cruelties were forever ended4    ,we    
have in this country the death penalty  
only for the most grave  offenses1 and  
it is seldom imposed4 ,imprisonment is  
generally regarded as  just and         
sufficient4 ,i might spend an hour if we
 had time1 telling you  something of the
 horrible dungeons which served as      

prisons in the olden  days1 into which  
,god's sunlight seldom entered2 of the  
chains the  prisoners had to wear2 of   
the starvation2 yes1 and of the         
lash--inhumanities which one can        
scarcely conceive1 and which can never  
disgrace the civilization of ,america4  
,again1 carefully guarding the rights   
and liberties of the people we find3    
8,neither slavery nor involuntary       
servitude1 except as a punishment for   
crime whereof the party shall have been 
duly  convicted1 shall exist  within the
 ,united ,states1 or any place subject  
to their  jurisdiction407#gf7    ,this  
is not a part of the original           
,constitution4 ,it was adopted after the
  war had driven slavery from our       
shores4 ,the spirit of ,america has from
 the  beginning been exerted in         
enlarging the rights of human beings4   
,slavery  existed before the adoption of
 the ,constitution1 and so strongly was 
it  intrenched at that time in some of  
the colonies that it was impossible     

then to wipe it out4    ,but it did not 
belong in ,america1 and the time came   
when the ,american  people1 after a long
 bitter war1 crushed the slave power1   
and swept from  our shores the last     
vestige of involuntary servitude4 ,that 
it might not be  renewed1 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 full1    
fair trial4    ,did you ever read of the
 debtor's prison8 ,it used to be in     
nearly every  country in the world1 that
 men who were merely unfortunate1 who   
got in  debt and who could not pay when 
the debt was due were sent to prison1   
and  kept there sometimes for long      
periods4 ,it was most cruel1 because in 
many  instances the persons were honest4
 ,they wanted to pay their debts1 but   
sickness came1 or floods1 or fire1 or   
other misfortune1 and when the time     
came they were unable to pay and thus   
they lost their liberty4    ,in those   

olden days1 men were not only           
imprisoned1 but in some countries  they 
were compelled to labor for the person  
whom they owed4 ,they were  compelled to
 be slaves4    ,but at last we have     
reached a stage in ,america1 where no   
one may be  compelled to work for       
another1 unless by his own free will1   
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 them4       
,the old debtor's prison is gone4 ,no   
one in this country can now be          
imprisoned for an ordinary debt4 ,there 
are a few ,states in which a person  may
 be imprisoned for debts arising in     
fraud1 but for an ordinary contract     
debt1 mere inability to pay1 no one in  
,america can now be compelled to  submit
 to imprisonment4    ,i wish sometime   
you would think seriously about what    
,america has done for  the poor4 ,in the
 olden days they had few if any rights2 
but to-day in  ,america1 while by law we

 cannot prevent sickness nor sorrow1 or 
other  misfortune1 we can and we do     
guard the liberty of the poorest and the
 most  unfortunate4 ,in fact many laws  
have been enacted which give to the poor
  special privileges which are denied to
 those who have property or money4      
,for instance in nearly every ,state    
there are what are called exemptions    
for a person who is the head of a       
family1 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 debt4   
,in most of the ,states laborers may    
hold the earnings of a certain period1  
for instance ninety days1 for  support  
of themselves and their families1 which 
no one can touch1 which no  officers and
 no court can seize in payment of a     
debt4 ,also they are  protected in their
 household goods1 their clothing for    
themselves and  their families1 and in  
many other ways4    ,the farmer who may 
be heavily in debt is protected for     

himself and his  family by having       
exempted to him a team of horses1       
harness and wagon1  machinery1 farm     
utensils1 and food and clothing for the 
family4    ,i have not time to relate   
all that has been done by ,america in   
sympathetic  aid of the poor and the    
unfortunate4 ,no other country in the   
world has  given such consideration to  
the poor as has ,america4    ,we hear   
much talk of social injustice1 that the 
poor man has no chance4  ,the truth is  
that more has been done in ,america     
during the past  twenty-five years to   
provide justice for the poor and        
unfortunate and for  those who toil1    
than was done in any other country of   
the world during the  last one thousand 
years4 ,the spirit of ,america is right4
 ,the people have  the power4 ,they are 
right at heart4 ,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   
government4 ,hundreds of thousands1 yes 

millions1 of our  voters fail to go to  
the polls on election day to vote4 ,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  changed1 except by the 
will of the people themselves4          
,,elementary ,,questions    #a4 ,after a
 person is arrested where is he         
generally taken by the officer8    #b4  
,if the hearing is postponed1 what is   
generally done with him in the          
meantime8    #c4 ,what is bail8    #d4  
,what offenses are not bailable8    #e4 
,what is the constitutional guaranty as 
to bail8    #f4 ,why should excessive   
bail be prohibited8 ,what would be the  
injustice of  this practice8    #g4     
,what happens when a person 8out on     
bail0 fails to appear in court at  the  
time set8 ,is he relieved of further    
punishment8    #h4 ,if a magistrate     
fixes excessive bail1 what may the      
accused person do in  order to have it  

reduced8    #i4 ,name some cruel and    
unusual punishments8    #aj4 ,when was  
slavery in ,america abolished8    #aa4  
,what was a debtor's prison8    #ab4    
,how does ,america protect the poor8    
,can a debtor be put in prison for      
failing to pay ordinary debts8    #ac4  
,what is meant by 8exemptions0 in       
relation to property and debts8         
,,advanced ,,questions    ,a4 ,explain  
the injustice of requiring excessive    
bail8    ,b4 ,when a judge determines   
the amount of bail1 what factors does he
  consider8    ,c4 ,what is the purpose 
of punishment8    ,d4 ,discuss the      
movement for prison reform4    ,e4 ,what
 is the purpose of the bankruptcy law8  
,f4 ,write a paper on3          ,cruel  
and ,unusual ,punishments               
,punishment and ,crime in the ,united   
,states        ,how ,america ,protects  
the ,poor ,man        ,the ,reformatory 
,versus the ,penitentiary               
,,xviii4 ,,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 ,states4 ,it  
was not an easy  matter to bring all    
these ,states together as one           
government1 so that there  would be     
harmony and unity2 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 world47#gg7   
,only once has there been any serious   
question between the ,states1 and the   
,civil ,war settled that forever4       
,following the war1 to bind the ,states 
more  firmly together by the            
establishment of the rights of citizens 
of the  various ,states1 an amendment to
 the ,constitution was adopted in #ahfh1
 by  the people of the ,nation1 which is
 as follows3    8,all persons born or   

naturalized in the ,united ,states1 and 
subject to the  jurisdiction thereof1   
are citizens of the ,united ,states and 
of the ,state  wherein they reside4 ,no 
,state shall make or enforce any law    
which shall  abridge the privileges or  
immunities of citizens of the ,united   
,states2 nor  shall any ,state deprive  
any person of life1 liberty1 or property
 without  due process of law2 nor deny  
to any person within its jurisdiction   
the  equal protection of the laws407#gh7
    ,this portion of our ,constitution  
establishes the citizenship of every    
person born or naturalized in the       
,united ,states1 and guarantees the     
rights  of such citizens1 not only in   
the ,state where he lives1 but in any   
,state4  ,no ,state has the power1 since
 the adoption of this amendment1 to make
 or  enforce any law which shall abridge
 the privileges1 rights1 or immunities  
of citizens1 no matter in what ,state   
they may make their home4    ,by this   
amendment all ,states are prohibited    

from enacting any law1 or  permitting   
any procedure of their courts1 which    
shall 8deprive any person  of life1     
liberty1 or property1 without due       
process of law04    ,you will recall    
that immediately after the adoption and 
approval of the  original ,constitution 
there were ten amendments adopted which 
became  effective in #agia1 in one of   
which it was provided that no person    
8shall  be deprived of life1 liberty or 
property1 without due process of law04  
,this forever barred the ,united ,states
 government from depriving the  humblest
 citizen of his life1 his liberty1 or   
his property1 except through  the       
regular processes of the law which we   
have heretofore considered2 and  by the 
amendment of #ahfh the same restriction 
was placed upon every ,state  in the    
,union1 thus completing the guaranty to 
every man1 woman1 and child1  that life1
 liberty1 and property would be safe and
 sacred4 ,no power exists  in the ,state
 or ,nation by which life1 liberty1 or  

property may be  interfered with1 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 trial4    ,no secret  
schemes can be devised which will       
interfere with the rights of  the       
humblest citizen1 no power can be       
created strong enough wrongfully to     
invade the right to life1 liberty1 and  
property4 ,these guaranties1 being      
written into the ,constitution1 will    
stand forever1 unless the people by     
their own choice shall throw away these 
great guaranties and destroy these      
great blessings4    ,then following the 
,civil ,war1 the people of ,america     
adopted the following  as part of the   
,constitution of the ,united ,states3   
8,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 race1  color1  
or previous condition of                

servitude407#gi7    ,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   
generations4 ,they were human beings1   
though of the colored  race4 ,they were 
lifted from the position of slavery to  
the dignity of  citizenship1 and clothed
 with power to help in the government of
 their  country by being given the      
privilege of going to the ballot box to 
vote4  ,to establish this right and     
protect this privilege for all time1    
this  amendment to the ,constitution was
 adopted by the people of the ,united   
,states4 ,it was a bold thing to do1 to 
clothe a subject race which had  little 
opportunity for education with the      
rights of citizenship4 ,no nation  in   
the world ever before attempted such a  
wonderful and radical  experiment2 but  
the people of ,america1 having real     
confidence in human  beings1 regardless 
of color1 race1 or creed1 assumed the   

responsibility of  admitting the former 
slaves as part of the power of          
government in this  country4    ,of     
course you realize that the value of a  
citizen to his country1 when it  comes  
to voting and making laws1 depends upon 
his knowledge of public  affairs1 and   
his confidence in his government2 and   
therefore education is  absolutely      
necessary to real service to one's      
country4 ,that is one of the  big       
objects of education--to qualify persons
 for full citizenship47#hj7    ,too many
 of us consider the right to vote simply
 as a privilege to help  some neighbor  
to be elected to some public office4    
,this view is all wrong4  ,our country  
is first1 and we never should help a    
neighbor to be elected to  an office    
unless that neighbor can help to make   
this a better  government47#ha7    ,when
 we elect any one1 we are selecting a   
servant to represent us1 to act  for us4
 ,therefore great care should be        
exercised in selection4 ,we must        

inquire not only whether the person is  
good and virtuous1 but also whether  the
 person is useful1 and has right ideas  
about public service47#hb7    ,if       
congressmen1 judges1 legislators1       
mayors1 or other public servants are    
not honestly or truly representing the  
people1 if they are not carrying  out   
the will of the people in their official
 actions1 this simply proves  that the  
people have not selected the right kind 
of men to represent them4  ,there are   
honest men2 there are men who are tried 
and loyal and patriotic4  ,they are our 
neighbors4 ,we have the choice of       
selecting them if we want  to4 ,the     
truth is that nearly all public officers
 are honest and  patriotic4 ,the truth  
is that as a rule they try to do what   
the people  want4 ,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 want4 ,people are ready to 

criticise if a mistake is made1 but they
 will do little to help avoid  mistakes4
    ,i'll tell you what ,i would like to
 see4 ,i'd like to see this assembly    
room  in this school filled one night   
each week with children and men and     
women1  with parents and teachers4 ,it  
would be a real community meeting to    
talk  over community1 ,state1 and       
,national matters4 ,i would like to see 
such a  meeting in every school in this 
city1 in this ,state1 and in the        
,nation4 ,i  wish someone would start a 
movement to have the movies closed one  
evening  each week1 so that the people  
might have at least one night to give   
some  little consideration to the       
serious problems of life4 8,eternal     
vigilance  is the price of liberty40    
,vigilance means watchfulness1 care1 and
 thought4  ,every man1 woman1 and child 
in ,america should watch and pray that  
our  liberties so dearly bought with the
 life blood of heroes should not be     
taken away4    ,,elementary ,,questions 

#a4 ,show how the ,united ,states gave  
citizens of the different ,states equal 
rights4    #b4 ,who can vote in the     
,united ,states8 ,who are citizens of   
the ,united  ,states8    #c4 ,is the    
power to vote simply a privilege8    #d4
 ,why is it that our representatives    
sometimes do not truly represent us8    
#e4 ,how can we interest people in      
voting8    ,,advanced ,,questions    ,a4
 ,show how it is important that people  
should have equal rights in the  various
 ,states4    ,b4 ,give some             
illustrations of the variations from    
,state to ,state of  certain local laws1
 such as automobile laws1 etc4    ,c4   
,if the law of ,new ,york limits the    
speed of an automobile to #be miles  per
 hour and the law of ,massachusetts     
limits the speed to #bj miles per  hour1
 can a citizen of ,new ,york travelling 
in ,massachusetts legally  operate his  
car at #be miles per hour8 ,under like  
circumstances can a  citizen of         
,massachusetts while in ,new ,york      

operate his car at #be miles per  hour8 
,d4 ,show in detail the dangers of not  
voting4    ,e4 ,how may a person obtain 
citizenship8    ,f4 ,what has education 
to do with citizenship or voting8    ,g4
 ,should you vote for a neighbor simply 
out of friendship8 ,what should be      
taken into consideration8    ,h4        
,discuss ,roosevelt's definition of a   
good citizen given in ,note #e4    ,i4  
,outline a proper program for a         
community meeting4    ,j4 ,write a paper
 on the following3          ,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          
,,xix4 ,,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 

read1 but  which you probably do not    
understand4 ,that is1 you probably do   
not  understand its real value1 not to  
somebody else1 but to yourselves1       
because all of these provisions of the  
,constitution are for each one of  us4  
,we may go along through life1 never    
being placed in a position where we     
will have to call upon the ,constitution
 to defend us4 ,most of our people  are 
peaceful and just1 and it isn't often   
that the rights of innocent  persons are
 attacked or invaded4 ,it isn't often   
that an innocent man is  arrested for a 
crime1 and yet such a thing may occur   
any day to any one of  us4 ,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  persons4 ,these   
great constitutional guaranties are not 
only valuable when  we want to assert   
our rights1 but they are valuable as a  
restraint upon  wrongdoers47#hc7    ,now
 here is this provision3    8,the       

,privilege of the ,writ of ,habeas      
,corpus shall not be suspended1  unless 
when in ,cases of ,rebellion or         
,invasion the public ,safety may        
require it407#hd7    ,what is a 8writ of
 habeas corpus08 8,habeas ,corpus0 is a 
,latin phrase1  which in ,english means 
8you may have the body04 ,a writ of     
habeas corpus is  a writ directed to the
 person detaining another1 or holding   
him in prison1  commanding him to       
produce the prisoner at a certain time  
and place before  a court or judge1 so  
that the right of imprisonment or       
restraint may be  inquired into4 ,it is 
an ancient writ1 recognized as far back 
in ,english  jurisprudence as #afgi4 ,it
 was used against the king in the reign 
of ,henry  ,,vii1 and on through the    
later years4 ,it was recognized from    
time to time1  sometimes entirely       
denied1 and again given force4    ,but  
as applied to you and to me1 what does  
it signify8 ,suppose on your way  home  
this evening1 some person should seize  

you and force you to go to  jail1 and   
lock you up4 ,no charge is made against 
you4 ,you are innocent of  any offense4 
,you sit there in the cell wondering    
what it all means4 ,you  cannot even    
communicate with your parents or        
friends4 ,the jail is built of  stone1  
the iron bars are strong1 and you are   
helpless4    ,well1 in the olden days1  
many a man and woman had such           
experiences1 and  many a man and many a 
woman lay in jail for long periods      
without any  charge1 or any trial1      
deprived of liberty1 utterly powerless4 
,now as ,i said1 suppose you were in    
jail to-night--not even permitted to    
communicate with a friend or with a     
lawyer1 and your father found out  where
 you were4 ,he could not go and break   
down the prison walls4 ,he could  not   
even talk to you2 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  rights1 he would at once
 apply to some court or judge for a writ
 of habeas  corpus4 ,it would be a      
simple matter4 ,he would set out in     
writing the  facts1 simply the story    
that you were seized and were imprisoned
  wrongfully1 and he would ask that a   
writ of habeas corpus issue1 and this   
request1 no court or judge can deny4 ,he
 would promptly issue the writ1  which  
would be in writing directed to the     
person keeping you in jail1 or  the     
keeper of the jail1 or some one who was 
aiding in keeping you in jail1  and this
 writ would command such person to have 
you brought before the  court at once1  
8commanding him to produce the body of  
the prisoner at a  certain time and     
place04 ,you would be brought there1 and
 the person having  you in jail would   
have to show cause for such conduct4    
,unless legal cause  were shown1 the    
judge would promptly discharge you1 and 
the person who had  committed the wrong 

against you would probably receive      
proper punishment1  after a trial1 for  
his wrongful act4    ,now there were    
long periods of time in ,england when   
the right to a writ of  habeas corpus   
was suspended1 during which time a      
person wrongfully in  prison had no     
relief and no remedy1 when helpless men 
and women starved  and died4 ,so when   
the ,constitution was adopted1 the      
people of ,america were  careful to see 
that the following guaranty was written 
therein3    8,the ,privilege of the     
,writ of ,habeas ,corpus shall not be   
suspended047#he7    ,under our          
,constitution this may be done only 8in 
case of rebellion or  invasion0 when    
8public safety may require it04 ,for    
instance1 in the ,world  ,war1 which you
 all remember1 some dangerous person1   
some traitor1 might  have been arrested 
by the military authorities and detained
 in custody1  and he could not be       
discharged upon a writ of habeas corpus1
 because a  state of war existed1 and   

public safety required that he be held4 
,of  course in times of war persons     
engaged in the military service are not 
entitled to a trial in a civil court for
 their offense4 ,they are tried for     
military offenses by court martial4     
,that is a military court1 where the    
judges are military officers1 ordered by
 their superiors to sit and hear  the   
evidence4 ,there is not much formality4 
,in grave offenses prompt action  is    
necessary4 ,spies are caught1 the courts
 organized1 the evidence taken1  a      
finding of guilty made1 and the party   
shot1 all perhaps within  twenty-four   
hours4 ,these are the necessary awful   
consequences of war4 ,but  can't you see
 now what a sense of security this      
little provision of our  ,constitution  
ought to bring to each one of us8 ,we   
always know that in case  of our        
wrongful arrest1 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      

liberty1 and prompt order for discharge 
if the arrest is not  justified4        
,this writ issues not only in behalf of 
persons confined in jails and  prisons1 
but also in every case where one is held
 by force against his  will by another  
person1 because this is a free country1 
and no man1  whether a private citizen  
or public officer1 has any power to     
restrain  another against his will1     
unless such restraint is under legal    
proceedings  with all the safeguards of 
the ,constitution4    ,i remember a case
 when unfortunately a father and mother 
were separated  and divorced4 ,their    
little boy was left with his mother4    
,the judge decided  that the father was 
a bad man and that he was not worthy to 
have charge of  his son4    ,a few      
months later that father went to the    
house where the mother and boy  lived1  
watched behind the hedge until the      
little boy was at play in the  yard1    
when he seized him1 jumped in an        
automobile which was waiting for  him in

 the woods1 and drove away at great     
speed4 ,he took the boy to a  boarding  
school in a neighboring ,state1 telling 
the principal of the  school that he    
wanted the boy safely kept until he     
should return from  ,europe4 ,after many
 days the sheriff with the aid of       
detectives found where  the boy was4    
,the mother came to the school4 ,of     
course she was filled with  joy when she
 saw her son4 ,she thought that she     
could take him away with  her at once1  
but the principal would not consent4 ,he
 said that he had no  knowledge of      
whether or not she was the boy's mother2
 that she had no  right to take him     
away2 and that his duty was to return   
the boy to the man  who had left him in 
the school4 ,the appeal of the mother   
and the tears of  the boy were in vain4 
,at last she had to leave the boy4 ,she 
at once consulted a lawyer4 ,he         
prepared a written application asking   
that a writ of habeas corpus be  issued1
 commanding the principal of the school 

to bring the boy before the  judge1 that
 the judge might hear the evidence1 and 
make an order releasing  the boy from   
the school and placing him in the charge
 of his mother4 ,the  writ was issued by
 the judge4 ,an officer went to the     
school1 read the writ  to the principal1
 who promptly brought the boy to the    
court room4    ,there the judge heard   
the story of the mother and the simple  
tale of the  little boy1 he examined    
certified copies of the order of the    
court  awarding the custody of the boy  
to his mother1 which the sheriff had    
procured1 and then he very promptly     
ordered the principal of the school to  
give the boy to his mother4 ,the        
principal was of course glad to do so1  
when he found that the father had done  
wrong4    ,this is only one of hundreds 
of cases where the writ of habeas corpus
  releases someone from wrongful        
confinement4 ,such wrongful confinement 
may  be in a school or in a home or in a
 jail or in a dungeon or in a dark      

cellar4 ,no matter where1 the writ of   
habeas corpus does not stop at locked   
doors or barred windows or stone walls4 
,an officer with such a writ can  break 
and enter if necessary4 ,no obstacle can
 be allowed wrongfully to  deprive an   
,american citizen of his liberty4       
,,elementary ,,questions    #a4 ,what is
 a writ of habeas corpus8    #b4 ,what  
does 8habeas corpus0 mean8    #c4 ,when 
was it recognized in ,england8    #d4   
,when may it be suspended in ,america8  
#e4 ,just what does it mean to the      
average citizen8    #f4 ,can you think  
of a time when it might be valuable to  
you8    #g4 ,what is martial law8       
,,advanced ,,questions    ,a4 ,just when
 is a writ of habeas corpus likely to   
prove valuable8    ,b4 ,why is it called
 8the most famous writ of the law08     
,c4 ,show how it affects the poor man4  
,d4 ,show how it makes for democracy4   
,e4 ,write a paper on the following3    
,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
            ,,xx4 ,,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  understand1        
something that you can hardly imagine   
would interest you  personally2 but as  
,i have often repeated1 always bear in  
mind that every  single clause of the   
,constitution is made for each and every
 one of us1 no  matter what position we 
may have in life4    ,the framers of the
 ,constitution said3    8,no ,bill of   
,attainder or ex post facto ,law shall  
be passed407#hf7    ,what does          
8attainder0 mean8 ,it means the         
extinction of civil rights and          
capacities and powers1 which under the  
law in the olden times took place       
whenever a person was convicted of      

treason1 or of a crime for which the    
death sentence was imposed4 ,it means   
that all the estate of the convicted    
person1 all his land1 money1 or other   
property1 was forfeited to the          
government2 so that upon his death      
nothing passed by inheritance to his    
heirs4 ,as it was expressed1 his blood  
was 8corrupted04 ,he could not sue in  a
 court of justice4 ,he was helpless to  
defend any right of himself or his      
family4    ,by 8bills of attainder01    
which were legislative acts imposing    
that penalty  on the accused without    
giving him any hearing in a court1 many 
persons  were deprived of their rights  
and their possessions in the centuries  
which  have gone by1 in order that such 
rights and such possessions might go to 
some favorite of the government4 ,of    
course no one would have much sympathy  
for a person who might be actually      
guilty of treason1 or guilty of a great 
crime which involved a death penalty2   
but in the olden days innocent men  were

 often charged with treason and         
punished4 ,conspiracies were formed to  
get rid of certain individuals who might
 be an obstacle to the achievement  of  
base ambitions4    ,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 it4    ,in some
 of the colonies in this country1 before
 the ,constitution was  adopted1 acts of
 attainder were passed and enforced2 but
 when the  ,constitution was finally    
adopted1 bills of attainder were forever
 barred4    ,don't you see the spirit of
 charity which is manifest in this1 just
 as in  the entire ,constitution1       
charity even for wrongdoers1 charity for
 the  weaknesses of men8 ,wrongdoers of 
course must be punished1 yet the        
,constitution wipes out harsh and brutal
 methods which were common in the  days 
before ,america came into being4    ,no 
8ex post facto law0 shall be passed4    

,what does that mean87#hg7 ,if a  person
 does an act1 which at the time of the  
doing of the act is not a  criminal     
offense1 the ,congress of the ,united   
,states1 with all its power1  cannot    
make that act1 innocent when done1 a    
crime4 ,yet this used to be  done in the
 old days4 ,you can imagine how in those
 days a brutal  government being        
desirous of getting rid of some         
objectionable person1 but  desiring to  
have its acts appear legal1 might find  
that he had done some  act which was not
 punishable under the law2 but through a
 corrupt  legislative body1 it might so 
legislate as to make the act a criminal 
offense1 and thus have the person tried 
and convicted4    ,a person might commit
 an offense for which there was a       
moderate  punishment2 and the           
legislature might1 after the commission 
of the crime1  but before he was tried1 
increase the penalty4 ,for instance1 if 
there were  a penalty of two years      
imprisonment for stealing a horse1 and  

some  neighbor was guilty of stealing a 
horse1 thus leaving himself1 when       
convicted1 subject to two years         
imprisonment1 all the powers of the     
,united  ,states government1 all the    
powers of ,congress1 all the wonderful  
power of  the people of the country     
could not change the penalty1 could not1
 for  instance1 amend the law so as to  
provide a five year penalty instead of  
two1 so as to affect this neighbor who  
had stolen the horse before this  time4 
,he could1 if convicted1 be sentenced to
 two years1 but no more4    ,you may    
think that those who adopted the        
,constitution must have been  suspicious
 of ,congress1 or the people in thus    
carefully preventing wrongs  against    
individuals accused of a crime--yes1    
individuals who had actually  committed 
a crime2 but you can readily understand 
why they were so  careful4 ,the conduct 
of the governments of the world had been
 such before  that day that suspicion   
was justified4 ,the ,constitution was   

made for the  individual--for men1      
women1 and children--to guard their     
rights against the  abuse of power2 and 
in fact most of the wrongs of the world 
have had their  origin in the abuse of  
power4 ,the ,constitution guards the    
humblest person  against abuse of the   
power granted to the government1 as well
 as against  the wrongs of our          
neighbors4    ,the people in this       
country have great power--absolute      
power4 ,this power may  be expressed in 
laws enacted by ,congress or by the     
legislatures of the  ,states1 except in 
those things which the people themselves
 in the  ,constitution of the ,united   
,states1 and in the ,constitutions of   
the  different ,states1 have placed     
beyond even their own power4    ,of     
course these provisions of the          
,constitution1 as all provisions of the 
,constitution1 may be changed by the    
people1 but not by a mere majority of   
the people4 ,these constitutional       
provisions relate to sacred rights1 and 

they may not be changed except upon     
mature deliberation1 and by a vote      
which represents the sentiment of at    
least a majority of the people of       
three-fourths of the ,states4    ,so ,i 
hope you can realize that when the      
framers of the ,constitution  prohibited
 bills of attainder1 and prohibited the 
enactment of the ex post  facto laws1   
they were doing something for the people
 of this country4 ,they  had the rights 
of the people in mind--the rights of the
 humble and perhaps  unknown1 as well as
 the rights of those in high places4 ,i 
do not expect  you to study the details 
of these provisions of the ,constitution
 relating  to bills of attainder and ex 
post facto laws4 ,you will probably     
never have  to enforce these rights     
which are given to you under the        
,constitution4 ,i  hope you will not2   
but the important thing which ,i always 
want you to bear  in mind is1 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 arise4    ,i am sure you    
realize that at the beginning of the    
life of the ,american  ,nation1 extreme 
care was exercised by those who framed  
the ,constitution1  to guard the people 
at every point against injustice and    
wrong1 whether  exercised by private    
individuals or by public officials4     
,understanding these things--feeling    
these things1 will give you a new sense 
of power1 of pride1 and of duty1 as     
citizens of this great ,nation4         
,,elementary ,,questions    #a4 ,what   
does attainder mean8    #b4 ,what was   
the effect of a bill of attainder on the
 family of a man who  was convicted8    
#c4 ,why does the abolition of attainder
 show the charity of the founders of    
the ,constitution8    #d4 ,what is an ex
 post facto law8    #e4 ,how would this 
kind of a law be unjust8    #f4 ,how    
could a strong1 powerful1 and dishonest 
man work injustice by means  of such a  

law8    ,,advanced ,,questions    ,a4   
,show how attainder worked in ,england  
in the early days4    ,b4 ,what were the
 abuses found under such a law8    ,c4  
,show how its abolition made for        
democracy4    ,d4 ,show how the         
abolition of ex post facto laws made for
 democracy4    ,e4 ,write a paper on the
 following3          ,the ,injustice of 
,attainder        ,the ,injustice of an 
,ex ,post ,facto ,law            ,,xxi4 
,,titles1 ,,gifts1 ,,treason            
,prohibition ,of ,titles ,and ,foreign  
,gifts--,treason1 ,its ,trial ,and      
,punishment      ,america is a          
democracy4 ,it was the plan from the    
beginning that it always  should be a   
democracy4 ,the human race had suffered 
much from royalty1 from  kings and      
emperors1 and queens and princes4 ,human
 nature is weak4 ,we are  all more or   
less attracted by people with titles4   
,story books which we  read in childhood
 exalt the 8lords0 and 8ladies0 and     
8princes01 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 us4    ,the men who framed the
 ,constitution had just finished a life 
and death  struggle with royalty--a     
struggle between the people and a king1 
and the  people had won4 ,they were     
determined that the blighting influence 
of royal  power should never again find 
a place on ,american soil4 ,therefore   
they put  into the ,constitution3       
8,no ,title of ,nobility shall be       
granted by the ,united ,states3 ,and no 
,person holding any ,office of ,profit  
or ,trust under them1 shall1 without    
the ,consent of the ,congress1 accept of
 any present1 ,emolument1 ,office1 or   
,title1 of any kind whatever1 from any  
,king1 ,prince1 or foreign              
,state407#hh7    ,never before in the   
history of the world was such a bold    
thing done4 ,these  words reflect the   
spirit of the ,revolution4 ,they mark   
the turning point in  the history of    

human governments4 ,they proclaim the   
final establishment of  the government  
by the people--the first real government
 by the people that  the world ever     
knew4    ,i wonder if those who         
criticise the government of ,america who
 complain  that in this country the     
people have no chance1 ever read these  
glowing  words of our ,constitution4 ,it
 isn't so much the words1 but the spirit
 in  which they were made a part of our 
,constitution1 the spirit in which the  
young ,nation proclaimed to the world   
eternal separation from kingly power4   
,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 people1 which would in   
any way interfere with the plan to  make
 this a government by the people4    ,in
 many provisions of our ,constitution we
 find expressions which show how  humane
 ,america is4    ,we hate treason4 ,in  
fact there is no crime so dark1 so      

awful1 as  treason4 ,but in the history 
of the world1 treason has meant many    
things1  and unfortunately treason has  
been made not only the instrument of    
those  who sought the destruction of the
 governments1 but it has sometimes been 
made the instrument of tyrants in       
suppressing the rights1 and in crushing 
the hopes of the people4 ,it all depends
 on what is meant by treason4    ,in the
 olden days we find men charged with    
treason when the offense was in  fact   
very slight--perhaps a just resistance  
to the king1 perhaps merely an          
assertion of natural human right against
 the king4    ,the government of the    
,united ,states being intended to       
protect the  liberties of the people1   
the ,constitution put a bar against     
prosecution  for treason1 except where  
the accused was actually an enemy of his
  country1 endeavoring to aid in the    
destruction of his country4 ,we are here
  told what treason is3    8,treason    
against the ,united ,states1 shall      

consist only in  levying ,war  against  
them1 or in adhering to their ,enemies1 
giving them ,aid and  ,comfort4 ,no     
person shall be convicted of ,treason   
unless on the ,testimony  of two        
,witnesses to the same overt ,act1 or on
 ,confession in open ,court4    8,the   
,congress shall have power to declare   
the ,punishment of ,treason1 but  no    
,attainder of ,treason shall work       
,corruption of ,blood1 or ,forfeiture   
except during the ,life of the ,person  
,attainted407#hi7    ,we see all through
 the ,constitution a splendid spirit of 
justice1 and a  spirit of charity1 even 
toward the guilty4 ,by this article of  
the  ,constitution1 not only is treason 
defined1 but any conviction of a person 
for treason must be upon the testimony  
of at least two witnesses to the  same  
act1 or upon a confession in open court4
    ,the innocent must not be punished2 
and the guilty1 when convicted1 shall   
alone bear the punishment4 ,treason     
being such a grave offense1 ,congress   

may1 if it so desires1 provide very     
severe penalties1 but it cannot  attaint
 the blood1 so that the children or the 
grandchildren of the guilty  person     
shall suffer as in the olden days2 nor  
shall the right of  forfeiture of       
property obtain1 except during the life 
of the person guilty  of treason4    ,no
 one objects to any penalty1 however    
severe1 where treason is proved1  but it
 is contrary to the spirit of ,america  
to brand the innocent  descendants of   
one who is guilty of a crime4 ,of course
 the children of the  guilty will always
 bear a certain degree of reproach from 
their fellowmen1  but it is not fair    
that they should be visited with        
penalties for an  offense which they    
themselves never committed4 ,it is the  
spirit of ,america  that each person    
shall enjoy any position in life which  
he may win by  merit and honest         
endeavor1 and no obstacle should be     
placed in his way by  the wrong of an   
unfortunate ancestor4    ,,elementary   

,,questions    #a4 ,america is a        
democracy4 ,why does this mean so much8 
#b4 ,what does that phrase bring to     
mind8    #c4 ,why did we abolish all    
titles of nobility8    #d4 ,what is     
treason8    #e4 ,why is it limited so   
carefully8    ,,advanced ,,questions    
,a4 ,what was the real purpose of       
abolishing all titles of nobility8      
,b4 ,why did the founders of the        
,constitution refuse to permit our      
representatives to accept gifts from    
abroad8    ,c4 ,what acts are treason   
to-day8    ,d4 ,show how these          
provisions make for democracy8    ,e4   
,write a paper on the following3        
,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           
,,xxii4 ,,jury1 ,,except ,,in           
,,impeachment          ,criminal        
,trials1 ,except ,impeachment1 ,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  
discussed4 ,they are the following3     
8,the trial of all ,crimes1 except in   
,cases of ,impeachment1 shall be by     
,jury1 and such ,trial shall be held in 
the ,state where the said crimes  shall 
have been committed2 but when not       
committed within any ,state1 the  ,trial
 shall be at such ,place or ,places as  
the ,congress may by ,law have          
directed407#ij7    8,the ,citizens of   
each ,state shall be entitled to all    
,privileges and  ,immunities of         
,citizens in the several ,states407#ia7 
8,no religious ,test shall ever be      
required as a ,qualification to any     
,office or public ,trust under the      
,united ,states407#ib7    ,here again we
 see emphasized the right of trial by   
jury4 ,i want you to  give some thought 

to this particular right1 because it    
applies not only to  cases where persons
 are accused of a crime1 but also to    
nearly all cases  involving property    
rights4    ,the ordinary lawsuit1 where 
one person is suing another to recover  
money1  property1 or damages1 is triable
 by a jury4 ,you understand of course   
the  purpose of a trial4 ,as already    
explained the main thing in every trial 
is  to determine the truth as to the    
points in dispute1 and the truth in such
  cases under our ,constitution is      
determined1 not by judges1 but by       
jurors1  men from the ordinary walks of 
life1 your neighbors1 men accustomed to 
dealing with ordinary human affairs4    
,this right is important in aiding a    
person to have the truth properly       
established2 but it is especially       
important1 as ,i have heretofore        
explained1 because it emphasizes the    
fact  that this is a government by the  
people1 and that in grave emergencies   
when life1 liberty1 or property1 is in  

danger1 the representatives of the      
common people1 selected from the ranks  
of the common people1 shall be the      
judges4    ,of course ,i have fully     
explained to you1 and ,i do not wish to 
have any  confusion upon that point1    
that the judges themselves are also     
representatives of the people1 because  
they are elected by the people1 or      
appointed by those agents of the people 
who are elected by the people4    ,i    
have intentionally repeated1 sometimes  
over and over1 rules and reasons1       
because we must have them in our minds  
so that they will never be  forgotten4  
,now as above explained1 the citizens of
 each ,state are guaranteed the  right  
to go to another ,state1 and exercise in
 that other ,state the same  rights as  
the citizens of that ,state4 ,this is in
 the spirit of ,america  which gives us 
all equal opportunity4 ,a citizen of    
,massachusetts going to  the ,state of  
,minnesota has the same rights in       
,minnesota as the citizens of           

,minnesota have4 ,minnesota could not   
discriminate against him because he  was
 a citizen of another ,state4 ,of course
 he could not exercise rights  which the
 citizens of ,minnesota were not        
entitled to1 but all rights of  the     
citizens of ,minnesota are guaranteed to
 him while he is in that ,state4    ,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  ,states4 ,we have   
already given serious consideration to  
the great  fundamental human privilege  
which the ,constitution guards1 the     
right to  worship ,god according to the 
dictates of one's conscience4 ,we have  
already  found that regardless of church
 or creed each person stands before the 
law  equal in our country4 ,the older   
you grow1 the more fully you realize    
what  religion means to a great many    
people in this world1 the more fully you
  will appreciate the blessing which    
came to humanity in these provisions of 

the ,constitution4 ,there are some of us
 who do not belong to any church        
organization1 and yet we are intensely  
interested1 because there was a  time   
when every person was compelled by law  
to belong to a church  organization1 to 
the state church1 the state religion4 ,i
 have already  explained that we find   
solemn statutes enacted by the ,british 
,parliament1  as an illustration1 which 
provided for a death penalty for those  
who did  not believe in the religion of 
the state4    ,there is no religious    
test which can be made a qualification  
for any  office under the ,united       
,states2 nor for any office for any     
,state in the  ,union4 ,there should be 
no individual discrimination in voting  
for public  officials because of the    
religion or church to which a candidate 
for  office may belong4 ,these are      
sacred1 individual rights4 ,men must be 
judged  by their conduct1 by their      
character1 by their ability1 by their   
capacity  to serve the people and their 

country1 not by the religion which one  
may  profess4    ,we must cultivate the 
spirit of charity toward our neighbors1 
charity  which means love1 which enables
 us to maintain a proper spirit of      
toleration for those who differ from us 
in matters of belief4    ,,elementary   
,,questions    #a4 ,does a citizen have 
the same rights in ,california that he  
does in ,new  ,york8    #b4 ,why is     
religious belief never made a           
qualification for office8    #c4 ,what  
is impeachment8    #d4 ,are judges      
representatives of the people8 ,why8    
#e4 ,can the ,state of ,nebraska enact a
 law imposing a tax upon merchandise    
shipped into ,nebraska from any other   
,state8    ,,advanced ,,questions    ,a4
 ,what is impeachment8    ,b4 ,describe 
the manner of trial before trial by     
jury4 ,compare the justice  of the      
ordeal end wager of battle with the jury
 system4    ,c4 ,show how these         
provisions make for democracy4    ,d4   
,why is the spirit of charity necessary 

in a democracy8    ,e4 ,write a paper on
 the following3          ,the ,ordeal   
,wager of ,battle        ,how           
,englishmen ,won the ,right to ,trial by
 ,jury            ,,xxiii4 ,,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
 rights1 we sometimes wonder why        
certain provisions were inserted in the 
,constitution4 ,being born here in      
,america1 never having been compelled to
 submit to the abuse of arbitrary       
power1 and always having lived under the
 ,constitution1 and always being        
guarded by its provisions against the   
abuse of power1 we can hardly           
understand why it was necessary to make 
so many provisions against things  which
 we can hardly imagine ever happened in 
human government4    ,whenever you have 
a chance1 read somethings of the        

governments of the  world under kings or
 other absolute rulers4 ,in fact1 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 ago4    ,while we have in mind
 the guaranties of our ,constitution1 it
 is well for  us to have clearly in mind
 some of the definite things which the  
framers  of the ,constitution had before
 them1 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        
endure4 ,you can hardly imagine what    
little regard or consideration was      
given to human rights in those old days 
now almost forgotten4 ,i am not  going  
to undertake to discuss the problems of 
government in different  countries the  
world47#ic7 ,the purpose which ,i have  
in mind can be fully  served by a       

consideration of the government in this 
country under the king  of ,great       
,britain during the years preceding the 
,revolutionary ,war4 ,you  understand1  
of course1 that even at that time a     
great advance had been  made in         
recognizing certain rights of the       
people4 ,in fact1 ,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 time4 ,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 king1  
and yet it was still a  government by a 
king4 ,it was a government under a king 
to which the  colonies owed allegiance4 
,it was government under a king against 
which the  colonies finally revolted4   
,it was government under a king which   
brought4  about the ,revolution4 ,it was
 resistance to government under a king  

which  inspired the heroes who won the  
liberty of the new world4 ,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 soil4 ,i will  
not  undertake to recite for you the    
things which the people were compelled  
to  endure under this government of a   
king4 ,i will let the people of the     
colonies tell their story4 ,you remember
 that in #aggf1 after the beginning  of 
the ,revolutionary ,war1 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 king4 ,it is   
one of the most  dramatic recitals in   
history4 ,let these colonies tell their 
own story4 ,i  am not going to read the 
entire ,declaration of ,independence2 ,i
 am simply  going to read the recital   
therein of the wrongs which came to the 

people1  the men1 women1 and children1  
the human beings1 who up to that time   
were  compelled to live here in ,america
 under the government of a king4        
,the history of the present king of     
,great ,britain is a history of         
repeated injuries and usurpations1 all  
having in direct object the             
establishment of an absolute tyranny    
over these states4 ,to prove      this1 
let facts be submitted to a candid      
world4        ,he has refused his assent
 to laws the most wholesome and         
necessary      for the public good4     
,he has forbidden his governors to pass 
laws of immediate and      pressing     
importance1 unless suspended in their   
operation till his      assent should be
 obtained1 and1 when so suspended1 he   
has utterly      neglected to attend to 
them4        ,he has refused to pass    
other laws for the accommodation of     
large      districts of people1 unless  
those people would relinquish the       
right of representation in the          

legislature--a right inestimable to     
them1 and formidable to tyrants only4   
,he has called together legislative     
bodies at places unusual1               
uncomfortable1 and distant from the     
repository of their public      records 
for the sole purpose of fatiguing them  
into compliance      with his measures4 
,he has dissolved representative houses 
repeatedly for opposing1      with manly
 firmness1 his invasions on the rights  
of the people4        ,he has refused1  
for a long time after such dissolutions1
 to cause      others to be elected2    
whereby the legislative powers1         
incapable of      annihilation1 have    
returned to the people at large for     
their      exercise2 the state          
remaining1 in the mean time1 exposed to 
all      dangers of invasion from       
without1 and convulsions within4        
,he has endeavored to prevent the       
population of these states2 for         
that purpose obstructing the laws of    
naturalization of foreigners2           

refusing to pass others to encourage    
their migration hither and      raising 
the conditions of new appropriations of 
lands4        ,he has obstructed the    
administration of justice by refusing   
his      assent to laws for establishing
 judiciary powers4        ,he has made  
judges dependent on his will alone for  
the tenure of      their offices and the
 amount and payment of their salaries4  
,he has erected a multitude of new      
offices1 and sent hither swarms      of 
officers to harass our people and eat   
out their substance4        ,he has kept
 among us1 in times of peace1 standing  
armies1 without      the consent of our 
legislatures4        ,he has affected to
 render the military independent of1 and
      superior to1 the civil power4     
,he has combined with others to subject 
us to a jurisdiction      foreign to our
 constitution and unacknowledged by our 
laws1 giving      his assent to their   
acts of pretended legislation--         
,for quartering large bodies of armed   

troops among us2        ,for protecting 
them1 by a mock trial1 from punishment  
for any      murders which they should  
commit on the inhabitants of these      
states2        ,for cutting off our     
trade with all parts of the world2      
,for imposing taxes upon us without our 
consent2        ,for depriving us1 in   
many cases1 of the benefits of trial by 
jury2        ,for transporting us beyond
 seas1 to be tried for pretended        
offenses2        ,for abolishing the    
free system of ,english laws in a       
neighboring      province2 establishing 
therein an arbitrary government1 and    
enlarging its boundaries1 so as to      
render it at once an example      and   
fit instrument for introducing the same 
absolute rule into      these colonies2 
,for taking away our charters1          
abolishing our most valuable laws1      
and altering fundamentally the forms of 
our government2        ,for suspending  
our own legislatures1 and declaring     
themselves      invested with power to  

legislate for us in all cases           
whatsoever4        ,he has abdicated    
government here by declaring us out of  
his      protection and waging war      
against us4        ,he has plundered our
 seas1 ravaged our coasts1 burnt our    
towns1      and destroyed the lives of  
our people4        ,he is1 at this time1
 transporting large armies of foreign   
mercenaries to complete the works of    
death1 desolation and      tyranny1     
already begun1 with circumstances of    
cruelty and perfidy      scarcely       
paralleled in the most barbarous ages1  
and totally      unworthy the head of a 
civilised nation4        ,he has        
constrained our fellow-citizens1 taken  
captive on the high      seas1 to bear  
arms against their country1 to become   
the      executioners of their friends  
and brethren1 or to fall themselves     
by their hands4        ,he has excited  
domestic insurrections amongst us1 and  
has      endeavored to bring on the     
inhabitants of our frontiers the        

merciless ,indian savages1 whose known  
rule of warfare is an                   
undistinguished destruction of all ages1
 sexes and conditions4        ,in every 
stage of these oppressions we have      
petitioned for      redress1 in the most
 bumble terms2 our repeated petitions   
have      been answered only by repeated
 injury4 ,a prince whose character is   
thus marked by every act which may      
define a tyrant is unfit to be      the 
ruler of a free people4      ,now1 if   
there be those who are not satisfied    
under the present government  of        
,america1 let them reflect4 ,let them   
compare their rights to-day with  the   
rights of the people subjected to the   
repeated 8injuries and  usurpations0 so 
eloquently recited by those who founded 
this government1  who adopted our       
,constitution which will forever bar any
 power from  exercising 8a design to    
reduce them 7the people7 to absolute    
despotism04    ,read through this       
catalog of wrongs endured by the people 

of the colonies4  ,then read through the
 guaranties of the ,constitution4 ,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       
independence47#id7    ,i said that this 
recital is dramatic4 ,it is also        
pathetic4 ,listen3 8,in  every stage of 
these oppressions we have petitioned for
 redress in the  most humble terms2 our 
repeated petitions have been answered   
only by  repeated injury40 ,is it any   
wonder that the ,constitution of the    
,united  ,states should provide that    
8,congress shall make no law 444        
abridging 444  the right 444 to petition
 the ,government for a redress of       
grievances08    ,is it any wonder that  
we find in the ,constitution guaranties 
of freedom of  worship1 freedom of      
speech and of the press1 the right of   
the people to  bear arms1 the right of  
the people to be secure in their        
persons1 houses1  and papers1 the right 

to a speedy jury trial when accused of  
crime1 and  the right to a trial in the 
district where the offense was committed
  instead of being sent beyond the seas8
 ,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   
him1 shall have his witnesses  brought  
into court at government expense1 that  
excessive bail shall not be  required1  
and cruel and unusual punishments shall 
not be inflicted1 that  slavery is      
forever abolished on ,american soil1    
that the property of every  person1 rich
 or poor is sacred1 and that even the   
government of the ,united  ,states      
cannot take it for public use without   
just compensation1 that every  person   
shall have equal protection of the law1 
and if wrongfully  imprisoned he can    
secure his release by writ of habeas    
corpus4 ,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
 born4    ,from the stirring story      
related by the people in the            
,declaration of  ,independence of the   
injustice which they had to suffer under
 a king1 you  can see how carefully     
future generations of people upon       
,american soil were  guarded by the     
,constitution against the wrongs which  
our forefathers had  endured4           
,,elementary ,,questions    #a4 ,when   
was the ,declaration of ,independence   
signed8    #b4 ,how long did the        
colonists of ,america continue under    
government by a  king8    #c4 ,how did  
it happen to be drawn up8    #d4        
,compare each sentence of this quotation
 7pages #afg1 #afh7 with the  guaranties
 that you have discussed in class4      

,,advanced ,,questions    ,a4 ,discuss  
in detail the reasons for the coming of 
the ,american colonists4    ,b4 ,discuss
 in detail the contrasts noted in ,note 
#b4 ,review the previous  study with    
reference to our ,declaration of        
,independence4    ,c4 ,write a paper    
comparing the solution found in the     
,constitution with the  grievances noted
 in the ,declaration4    ,d4 ,discuss a 
method by which this might be brought to
 the attention of the  ,socialists1     
,anarchists1 and ,bolsheviki who are    
criticising our government  to-day4     
,,xxiv4 ,,shall ,,any ,,part ,,be       
,,repealed             ,what ,provisions
 ,would ,you ,have ,taken ,out ,of ,the 
,constitution      ,we have discussed   
the main personal guaranties of the     
,constitution4 ,there  is a large part  
of the ,constitution which we have not  
yet considered4 ,not  because ,i do not 
regard it as important--it is all       
important--but because  the personal    
guaranties are of the highest           

importance4 ,they constitute a  ,bill of
 ,rights1 a bill of individual rights1  
of your rights and my rights4  ,these   
rights are clearly defined and carefully
 guarded4    ,i heard a man say the     
other day that the ,constitution ought  
to be  abolished1 that it was an        
obstacle to human progress47#ie7 ,he did
 not say  why4 ,that is the trouble with
 a lot of people in this world2 they are
 ever  ready to destroy1 but are never  
ready to aid in building up4 ,their     
purpose  is destruction1 not            
construction4 ,you will hear a great    
deal of complaint  about the            
,constitution4 ,i have heard complaint  
about the ,constitution4  ,this is our  
,constitution4 ,we are directly         
interested in defending it  against all 
attacks if it is a good thing for us4   
,if it is a bad thing we  are all       
interested in having it repealed4 ,and  
of course you now fully  understand that
 the people have the power to repeal    
every line of the  ,constitution if they

 want to47#if7    ,so this morning ,i   
wish to submit to you a fair question4  
,what is there in  the ,constitution    
that you think should be taken out of   
the ,constitution8  ,what is there that 
should be repealed8 ,i do not ask you to
 answer that  question now4 ,i want you 
to think it over carefully4 ,go over    
each and  every word of the             
,constitution carefully4 ,talk it over  
with your father  and your mother4 ,talk
 it over with your friends1 the boys and
 girls who  are studying this subject   
with you1 and some day present to your  
teacher  or to me a statement of the    
part of the ,constitution that you think
 ought  to be repealed4 ,of course1 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        
,constitution4  ,that is why we have    
been studying the ,constitution in      
detail4 ,that is why  we have considered

 in a general way something of the      
problems of the human  race under the   
past governments of the world4 ,it is   
after all a simple  question--what is   
good for the people1 and what is not    
good for the people4  ,what is good for 
all the people--not for any special     
class4 ,the  ,constitution has been in  
existence1 most of it1 for considerably 
more than  a hundred years4 ,during that
 more than one hundred years what a     
wonderful  development there has been in
 this country1 development not alone in 
property and in wealth1 because after   
all that is not the main thing1 but     
development in human opportunity6 ,what 
a wonderful expansion there has  been of
 human rights6 ,what a splendid example 
we have had of the  maintenance and     
protection of human liberty6 ,what      
wonderful legislation  has been enacted 
by the people during those years to make
 life easier for  the average man67#ig7 
,consider all these things and then say 
frankly whether or not any  provision of

 the ,constitution should be taken out4 
,in other words1 would  the repeal of   
any single personal guaranty1 which we  
have been considering  in these lessons1
 help men1 women1 and children8 ,would  
it make life  easier8 ,would human      
liberty be better protected8 ,would the 
objects of  government1 the right to    
life1 liberty1 and the pursuit of       
happiness1 be  more effective8    ,the  
,constitution is a sacred document1 but 
there is nothing more sacred  than the  
right to life and liberty and happiness4
 ,therefore do not  hesitate to deal    
fearlessly with the ,constitution1 but  
deal with it  reverently4 ,it was       
intended as an aid to humanity4 ,if it  
does not serve  that purpose it should  
be abolished4 ,if any provision of the  
,constitution  is not an aid to humanity
 in ,america let us repeal that         
provision4 ,be  fearless2 be also       
cautious4 ,be careful in any change to  
avoid the ills  which we have1 that we  
do not invite other and more grievous   

ills that we  know not of4    ,the      
,american people owe to themselves1 to  
their children1 and to their  country1  
the solemn duty to give earnest         
consideration to our  ,constitution4    
,they owe the solemn duty1 if the       
,constitution is serving a  great       
purpose for the people of ,america1 to  
defend it against all those  who may    
attack4 ,they owe the duty to uphold it 
and to guard it4 ,it is a  sacred trust 
and this trust cannot be executed except
 through  intelligence1 earnestness1    
patriotism1 and loyalty4    ,therefore1 
if there be defects in the              
,constitution1 pick them out and let  us
 unite in removing them1 because the    
cause of humanity is greater than  the  
cause of fidelity to any law or         
constitution ever enacted by the        
people4    ,,elementary ,,questions     
#a4 ,why are we interested in the       
,constitution8    #b4 ,why should we    
defend it from all attacks8    #c4 ,in  
what way can we best defend the         

,constitution8    #d4 ,why should we    
wish to modify it8    #e4 ,just how can 
the ,constitution be modified8    #f4   
,what should be the spirit in which we  
should enter upon the  consideration of 
amendments to the ,constitution8    #g4 
,just what should be the argument for   
any changes8    #h4 ,make a list of some
 of the modifications you think should  
be made4    #i4 ,arrange a debate on    
each one of these4    ,,advanced        
,,questions    ,a4 ,what is the fallacy 
of the ,i4 ,w4 ,w4 constitution8    ,b4 
,how would you meet their argument8     
,c4 ,list the standards which should be 
used to measure the worth of any        
suggestion of amendments to the         
,constitution4    ,d4 ,discuss the      
process by which former amendments have 
been made4    ,e4 ,write a paper on any 
amendments which you think should be    
adopted to  take anything out of the    
,constitution4            ,,xxv4        
,,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 ,states4 ,i have already asked
 you to analyze and study the           
,constitution carefully1 each provision 
of the ,constitution1 to see if  there  
be any portion that should be taken out4
 ,this morning ,i am going to  ask you  
to study the ,constitution with a view  
of determining what1 if  anything1 you  
wish added to the ,constitution4 ,do not
 assume that ,i em  imposing a duty     
which should only be undertaken by some 
learned lawyer or  statesman4 ,this     
,constitution is a ,constitution of the 
whole people and it  must be upheld and 
defended1 not only by lawyers1 judges1  
and public  officials1 but by the people
 in every walk of life1 by the children 
as  well as by fathers and mothers1 by  
the poor as well as the rich47#ih7      
,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 box4 ,i ask you to decide not    
only what1 if anything1 should be  taken
 out of the ,constitution1 but ,i ask   
what1 if anything1 should be  added to  
the ,constitution2 and again ,i want you
 to form your own opinions  about this  
after a careful study1 after conference 
with your parents and  with your        
friends4 ,it is a strange thing that we 
seldom hear any one  talking to his     
neighbor about the ,constitution4       
,people when they get  together talk    
about all sorts of things1 serious and  
frivolous1 but you  seldom hear them    
discussing the gravest problem in human 
life1 which is  human government4 ,do   
not be afraid to take up the subject    
with your  friends4 ,do not be afraid to
 discuss with your friends some         
provision of  the ,constitution4 ,you   
are having a special advantage in being 
able to  study the ,constitution while  
many of your neighbors never had such an
  opportunity47#ii7    ,what can we add 

to the ,constitution which will make it 
more effective as  an instrument in the 
protection of life1 liberty1 and        
property for us here  in ,america8      
,remember1 we the ,american people can  
add anything to the ,constitution that  
we wish4 ,nineteen amendments to the    
,constitution have already been adopted 
by the people4 ,do not feel discouraged 
because it takes a little time to       
secure the adoption of an amendment4    
,the ,constitution should not be        
amended hastily1 but only after grave   
thought and earnest consideration4      
,if we can only think of something to   
add to the ,constitution which would  be
 a good thing for the whole people of   
,america1 ,i will guarantee that we     
will have no difficulty in having it    
added to the ,constitution4 ,of course  
it will take earnest effort1 but shaping
 the destiny of more than  #aje1jjj1jjj 
people is a grave matter4 ,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 us4    ,think it over  
and advise me some day or inform your   
teacher of anything  that you can think 
of which1 if added to the ,constitution1
 would improve  this ,nation as a       
country in which the people rule1       
anything which would  make the rule of  
the people more complete4 ,that is the  
big thing after  all--the rule of the   
people1 because when the people can rule
 themselves1  they ought to get out of  
life everything which they are entitled 
to by  their individual merits1 ability1
 and effort4 ,always keep in mind that  
there is no way by which a government of
 the people and by the people can       
equalize opportunity for those who will 
not seek the advantages which are  open 
to them4 ,no ,constitution and no law   
can equalize industry and  idleness4 ,no
 scheme of government can provide bread 
for those who will not  toil4 ,it is    
impossible that human happiness can be  

guaranteed to those  whose lives are    
spent in wickedness and wrongdoing4     
,so1 my friends1 after due thought and  
deliberation1 prepare your  amendments  
to the ,constitution of your country4   
,do not hesitate because  you may think 
that you cannot put them in proper form4
 ,the form is not  important2 the idea  
is the great thing4 ,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 which1      
incorporated into the ,constitution or  
the law1 may bring  added blessings to  
the ,american people47#ajj7 ,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 people1 which will better guard life
 and  liberty4 ,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 people4 ,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   
position4 ,perhaps some one in this     
class may discover an additional        
guaranty which would be helpful4 ,if so1
 duty demands that the same shall  be   
made part of the fundamental laws of our
 country1 the ,constitution of  the     
,united ,states4    ,as you read of     
,america1 as you think of its           
,constitution and laws1 don't  you feel 
a sense of power1 a sense of pride8     
,if ,mr4 ,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
  store1 if he should make you partners 
with him in his entire business1 you    
would feel grateful and proud4 ,what an 
intense interest you would take in  the 
store and all the details4 ,you would   
talk about it at home and to your       
neighbors and friends4 ,each of you     

would begin to study the business4 ,you 
would take pleasure in reading about    
merchandise1 prices1 and business       
methods4    ,well1 we are all partners  
in this great ,nation4 ,liberty is more 
valuable  than merchandise or profits4  
,if someone stronger than you should    
undertake  to take away your liberty1   
you would fight for it and die for it if
  necessary4    ,being partners in      
,america1 won't you study ,america8     
,won't you talk about  the blessings of 
,america at home and to your neighbors8 
,won't you study  the problems of       
,america so that each succeeding year it
 can pay greater  profits in freedom and
 justice and righteousness8             
,,elementary ,,questions    #a4 ,what do
 your parents say about changes in our  
,constitution8    #b4 ,how would you    
advise them to act8    #c4 ,can you tell
 them how changes in our ,constitution  
can be made8    #d4 ,why is it necessary
 that each one of us take a personal    
interest in ,,our  ,constitution8       

,,advanced ,,questions    ,a4 ,how would
 you meet the argument of the radical   
who wants a revolution8    ,b4 ,how     
would you show others that we have a    
great partnership in ,america8    ,c4   
,what two ways are possible for         
constitutional amendments8    ,d4 ,list 
a series of additions that you think    
should be made to the  ,constitution4   
,e4 ,write a paper upon some one        
amendment to our ,constitution that you 
believe to be worthy of adoption4       
,,xxvi4 ,,machinery ,,of ,,the          
,,government      ,the ,agencies1       
,officers1 ,and ,methods ,for           
,exercising ,powers ,of ,the ,national  
,government      ,now my friends1 we    
have reached the end of discussion of   
the personal  guaranties of the         
,constitution--the ,american ,bill of   
,rights4    ,as ,i have heretofore      
stated1 this is the real1 important part
 of the  ,constitution1 because it is in
 a study of these guaranties that we    
fully  realize the blessings of our free

 ,american government4 ,any one who has 
earnestly considered this great         
,american ,bill of ,rights can readily  
answer  the question1 8,what has        
,america done for me and for my         
children08    ,but ,i would not have you
 feel that the other parts of the       
,constitution are  of small concern4    
,each provision of this great charter of
 human rights is  very important1 and   
worthy of careful study4    ,article ,i 
of the ,constitution provides that all  
legislative powers granted  8shall be   
vested in a ,congress of the ,united    
,states1 which shall consist  of a      
,senate and ,house of ,representatives04
 ,now you will understand of  course    
that up to the time the ,constitution   
was adopted1 the ,united ,states  had no
 power2 in fact there was no ,united    
,states4 ,the colonists through  the    
,articles of ,confederation had         
attempted to establish a ,nation which  
was designated 8,the ,united ,states of 
,america01 but the result of their      

efforts was really a confederation1 and 
not a real union47#aja7 ,the ,nation    
was formed by the adoption of the       
,constitution4 ,the ,nation formed was  
in  the nature of a partnership4 ,i     
suppose you know but little about       
partnerships organized by individuals4  
,a partnership is generally formed  by a
 written agreement signed by the        
partners4 ,this agreement usually       
contains provisions as to the share or  
interest of each partner1 the power  of 
the partners and of the partnership1 and
 the objects and purposes of  the       
partnership4    ,the ,united ,states is 
a partnership between the people and the
 ,nation4 ,the  ,constitution is a      
partnership agreement binding upon all  
the parties to  the agreement4 ,before  
the adoption of the ,constitution the   
people  possessed all the power of      
government and governmental action4 ,the
 people  gave some of their power to the
 ,nation1 but only a small part of the  
power  of the people was given4 ,always 

bear in mind that the ,united           
,states--the  ,nation--has no power1 and
 never had any except what the people   
granted in  the ,constitution and in the
 amendments thereto4    ,you will see in
 ,section #h of ,article ,i the specific
 powers granted to  ,congress by the    
people4 ,they include the following3 lay
 and collect taxes2  pay debts2 provide 
for defense and for the general welfare2
 borrow money2  regulate commerce among 
the ,states and with foreign nations2   
provide for  naturalization and uniform 
rules of bankruptcy2 coin money1        
regulate the  value thereof1 and fix the
 standard of weights and measures2      
punish  counterfeiting2 establish post  
offices and post roads2 protect authors 
and  inventors by copyrights and        
patents2 establish courts2 punish       
piracies and  felonies on the high seas2
 declare war1 raise1 and support armies2
 provide  and maintain a navy2 provide  
for organizing armies1 for disciplining 
the  militia1 and for calling them to   

serge in certain emergencies2 exercise  
exclusive power of legislation 8over    
such ,district 7not exceeding ten  miles
 square7 as may1 by ,cession of         
particular ,states1 and the acceptance  
of ,congress1 become the ,seat of the   
,government of the ,united ,states02    
make  all laws necessary and proper for 
carrying into execution the foregoing   
powers 8and all other ,powers vested by 
this ,constitution in the ,government   
of the ,united ,states1 or in any       
,department or ,officer thereof40    ,so
 you see large powers were granted by   
the people to the new ,nation4          
,however1 the people were very careful4 
,nearly every government in the  world1 
before the organization of the ,united  
,states1 had at times proven  false to  
the people4 ,many governments were false
 to the people all the  time4           
,indignities and abuses were often      
heaped upon helpless men1 women1  and   
children4 ,governments were more often  
maintained to serve royalty or          

aristocracy than to protect the rights  
and liberties of the common people4     
,therefore when it came to organizing   
this new ,nation1 the people were       
careful to guard against the abuses of  
the past4 ,thus they not only  specified
 definitely the powers conferred upon   
the ,united ,states1 but  7,sections #i 
and #aj of ,article ,i7 positively      
stated certain things which  the ,united
 ,states could not do4    ,the people   
also were suspicious4 ,the experience of
 the human race with  governments       
justified this suspicion4 ,when the     
,constitution was submitted  to the     
people1 many protested that the         
individual liberties of the people  were
 not sufficiently guarded2 and before   
the people consented to ratify  the     
,constitution1 it was necessary that    
they should be given assurance  that    
upon the ratification of the            
,constitution1 amendments would be      
proposed and submitted to the people1   
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 people4 ,these  amendments1    
which constitute the ,great ,american   
,bill of ,rights1 were  proposed by     
,congress in #aghi and were ratified by 
the ,states in #agia4    ,now let us get
 the foregoing brief summary fixed in   
our minds4    ,the ,constitution is a   
partnership between the people and the  
,nation in  which the people 7#a7 grant 
to the ,nation certain specific powers2 
7#b7  restrain the ,nation from         
exercising powers not granted2 and 7#c7 
in many  particulars direct the manner  
in which the powers granted shall be    
exercised4 ,the ,constitution also      
provides for what may be termed the     
8machinery of government04 ,it separates
 the powers of government into  three   
divisions3 the legislative1 the         
executive1 and the judicial4 ,it then   
provides for the officers 7the agents or
 servants of the people71 who  shall    

exercise the powers of each department1 
and prescribes certain  qualifications  
for such officers1 the methods of their 
selection1 and the  terms of such       
officers4    ,in ,article ,i we find    
certain qualifications for ,senators and
  ,representatives--the length of their 
term of service4 ,senators are elected  
for six years1 ,representatives for two 
years4 ,there are also certain          
provisions as to their election1 the    
organization of the ,senate and ,house1 
to some extent the method of procedure1 
and direction as to the exercise  of    
certain powers4    ,article ,,ii of the 
,constitution fixes certain             
qualifications for ,president  of the   
,united ,states1 the executive head of  
the ,nation2 provides the  manner of the
 election of the ,president and the     
,vice ,president1 confers  certain      
powers and duties1 provides that the    
term of office of ,president  and ,vice 
,president shall be four years1 and     
designates the causes for  which they   

may be removed by impeachment4          
,article ,,iii of the ,constitution     
provides for courts and judges1 and     
fixes  their jurisdiction--their        
power--and gives direction as to trial  
and penalty  in certain cases4    ,thus 
we find that the ,constitution          
guarantees a ,national government 7a    
republican form of government71 confers 
certain powers formerly held by  the    
people1 provides an executive to enforce
 the powers granted1 a  legislative body
 to make laws under which the powers may
 be exercised1 and  establishes courts  
to construe and apply the laws enacted1 
to the end that  human rights and       
liberties shall be protected4    ,let us
 carry in our minds this picture of the 
people of the colonies1 who  through    
generations had struggled with royalty  
to secure the blessings and  liberties  
for which they had come to the ,new     
,world4 ,in the local  government of the
 colonies much had been done to apply   
the principles of  liberty1 but in their

 relation to the mother country they had
 endured  abuses and sufferings1 which  
finally in #aggf found expression in the
  ,declaration of ,independence4    ,in 
an effort to unite their strength they  
had formed a federation of the  thirteen
 ,states1 but their dreams of a free    
country were not realized  until in the 
,constitution they had formed the 8more 
perfect ,union0 which  was created to   
8establish ,justice1 insure domestic    
,tranquility1 provide  for the common   
defence1 promote the general ,welfare1  
and secure the  ,blessings of ,liberty  
to ourselves and our ,posterity04       
,now let us bear in mind that the people
 reserved much of their power1  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 affairs4 ,at 
our next meeting1 we  shall consider    
briefly something of the ,constitutions 
of the ,states1 where  they come from1  

and the wonderful purpose they serve in 
carrying out the  scheme of the people  
in actual self government4              
,,elementary ,,questions    #a4 ,why are
 the individual guaranties of the       
,constitution so important8    #b4 ,what
 is meant by legislative power8    #c4  
,in whom is the legislative power of the
 ,united ,states vested8    #d4 ,when   
and how was the ,nation formed8    #e4  
,what is a partnership8 ,how is it      
usually formed8    #f4 ,from whom did   
the ,united ,states obtain its power8   
#g4 ,state the terms of service of3 7a7 
the ,president1 7b7 ,senators1 7c7      
,representatives1 7d7 the ,vice         
,president8    ,,advanced ,,questions   
,a4 ,tell some of the powers conferred  
by the people upon the ,united ,states4 
,b4 ,into what departments does the     
,constitution separate the powers of    
government8    ,c4 ,at the time of the  
adoption of the ,constitution1 why were 
the people  suspicious8    ,d4 ,name    
some officers now in service of the     

,national government3 7a7 in  the       
executive department1 7b7 in the        
legislative department1 7c7 in the      
judicial department4    ,e4 ,write a    
statement of the attitude of the people 
of the ,states when the  ,constitution  
was submitted to them for ratification1 
what was the subject  of public         
discussion1 what parties were formed1   
and what was done to  secure the consent
 of the people to ratify the            
,constitution8    ,f4 ,write in #ajj    
words or less a summary of what the     
,united ,states  ,constitution is4      
,,xxvii4 ,,state ,,constitutions        
,the ,grant ,and ,limitations ,of ,power
 ,expressed ,by ,the ,people ,in ,the   
,constitutions ,of ,the ,states         
,every human organization had a         
beginning4 ,this is a large city in     
which we  now live1 but there was a time
 within the memory of men still living1 
when  there was nothing here but an     
unbroken prairie4 ,a log cabin was the  
first  building where the city now      

stands4 ,then came the cultivated       
fields4 ,a  flour mill was erected down 
on the river bank1 then a blacksmith    
shop1 a  store1 a livery stable1 some   
modest dwellings1 then a school house1  
and a  church4 ,thus came the little    
village which through the years has     
slowly  grown into the present city4    
,thus came all the cities1 and thus came
 the ,states4 ,there was a time not  so 
long ago when there were no white people
 within what is now the borders  of our 
,state4 ,there was the 8first white     
settler01 the first cultivated  patch of
 ground1 the first log house1 the little
 settlements1 the lonely  log cabins in 
between1 and then the ,state4    ,thus  
were the thirteen colonies founded1 and 
thus were founded the  thirty-five      
,states which have been admitted to the 
,union since the  adoption of the       
,constitution4    ,every human          
organization with any degree of         
permanence has something in  the nature 
of a constitution4 ,it may be in        

writing1 it may be oral1 or it  may rest
 in a mutual understanding expressed    
only by acts and conduct4 ,it  may be   
manifest from customs which have been   
observed by all the members  of the     
group4    ,the proud boast of ,america  
is that it was the first ,nation in the 
world  which adopted a complete written 
,constitution binding upon the ,nation  
and  upon the people1 a ,constitution   
which provides for courts with the power
  of restraining the ,nation and the    
individual from acts or conduct which   
violate its provisions1 designed to     
guard human rights4    ,until the       
,declaration of ,independence in #aggf1 
the colonies in their joint  efforts for
 liberty and justice1 were called the   
8,united ,colonies02 but  after         
independence was proclaimed1 this title 
gave place to that of 8,the  ,united    
,states04 ,thereupon eleven of the      
thirteen ,states adopted                
,constitutions4 ,in two                 
,states--,connecticut and ,rhode ,island

 by an act of the  legislature1 the     
existing charters were continued in     
force so far as  consistent with        
independence4 ,these ,constitutions all 
came into being  before the adoption of 
the ,constitution of the ,united        
,states4 ,of course  they were far from 
perfect1 and all have been amended from 
time to time1  so that now the          
,constitution of each ,state provides a 
truly ,american  system of              
government47#ajb7    ,nothing in the    
,constitution of the ,united ,states    
requires that each ,state  shall have a 
written ,constitution1 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 ,states1 and each     
,state has adopted a  written ,state    
,constitution1 following the method and 
spirit of the  colonists in the long    
ago1 drafting the ,constitution in a    
convention of  delegates and ratifying  
it by another special convention or by  

the vote of  all the people4    ,then as
 each new ,state was admitted to the    
,union1 a ,constitution was             
adopted47#ajc7 ,by the ,constitution of 
the ,united ,states1 ,congress has the  
power to admit new ,states1 thus by     
implication controlling the subject     
matter of the original ,constitution of 
each ,state admitted4    ,it is not my  
intention to consider in detail the     
,constitutions of the  various ,states4 
,this is not essential to the purpose   
which ,i have in  talking to you4 ,i am 
very anxious that you shall realize that
 each ,state  is a separate sovereignty2
 that when the people created the       
,united ,states1  and adopted the       
,constitution of the ,united ,states1   
they give to the ,united  ,states       
limited power2 that the plan of         
government contemplated that each       
,state should have its own              
,constitution2 and that in each ,state  
the people  should enact their own laws 
governing the conduct of the people in  

their  respective ,states4    ,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 government1 and the      
guaranties of  liberty which were so    
carefully provided in the ,constitution 
of the ,united  ,states4    ,different  
language is used in the different ,state
 ,constitutions1 but in  each it will be
 found that the government of the       
,state1 as of the ,united  ,states1 is  
divided into three departments--the     
executive1 the legislative1  and the    
judicial2 that the executive power in   
the ,states is vested in a  ,governor2  
that the legislative power rests in what
 is usually termed a  8,general         
,assembly0 consisting of a ,senate and a
 ,house of ,representatives1  modeled   
after the ,congress of the ,united      
,states2 that the judicial power  is to 
be exercised by courts--a ,supreme      
,court and other courts designated  as  

,district ,courts1 ,circuit ,courts1 and
 many other titles1 varying in          
different ,states4    ,public officers1 
servants of the people1 are provided    
for1 and usually  their selection is by 
vote of the people at general elections 
for which  provision is made4    ,the   
really important thing in the ,state    
,constitutions1 as well as in the       
,constitution of the ,united ,states1 is
 the ,bill of ,rights specifically      
guarding the natural rights and         
liberties of the people4    ,the        
guaranties in the ,state ,constitutions 
are not all uniform1 but as a  general  
thing you will find that each ,state has
 incorporated in its  ,constitution     
those sacred guaranties which in the    
,constitution of the  ,united ,states   
form the real foundation and protection 
of human liberty4    ,always bear in    
mind that the ,constitution in each     
,state1 as in the ,nation1  is an       
instrument of fundamental law1 or body  
of laws1 which prescribes the  form of  

government1 fixes the different         
departments of government1  provides the
 agencies of government1 and declares   
and guarantees the  rights and liberties
 of the people47#ajd7    ,the           
,constitution of the ,united ,states is 
the ,supreme law of the land1 and  the  
,constitution of each ,state is the     
supreme law of the ,state4 ,these       
,constitutions must be respected1 and   
must be obeyed2 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 void4    ,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 ,state4 ,the power expressed in
 the ,constitution is the power of the  
people4 ,they have1 by their solemn     
document--the ,constitution--established
  certain rules1 regulations1           
principles1 and guaranties1 which cannot

 be  changed by ordinary                
legislation47#aje7 ,of course the people
 can change and  modify the             
,constitution of ,state or ,nation4     
,every ,constitution provides  some     
method of amendment4 ,some ,states      
provide for a constitutional  convention
 from time to time1 where the people    
through their  representatives selected 
for such a purpose assemble to consider 
the  question of change or modification4
 ,in other ,states the legislature may  
propose amendments which must be        
submitted to the people for their       
approval4 ,in all ,states some procedure
 is provided which requires careful     
deliberation and consideration by the   
people before the ,constitution is      
changed47#ajf7    ,now it is very       
important that every citizen shall have 
a knowledge of the  ,constitution of his
 ,state4 ,it is of the highest          
importance that every man1  woman1 and  
child shall know and feel the           
solicitude1 the care1 which has  been   

exercised in the framing of the         
,constitution to guard individual       
rights4    ,as ,i have heretofore       
explained1 the purpose of government is 
to guard  human rights and human        
liberty4 ,this is true of the government
 of the  ,united ,states1 and it is true
 of the government of each ,state4      
,always keep  in mind that in this      
country1 what we call 8the government0  
is merely an  agency of the people--an  
expression of the power of the people in
 a defined  way1 agreed upon by them1   
through which they protect themselves   
against  wrong by the agencies of       
government which they have created1 and 
against  wrong by their neighbors4      
,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 protected4 ,they 
were unselfish2 they were in  the       
highest degree inspired by a holy       
purpose to guard the people of  ,america

 against the wrongs1 the abuses1 the    
cruelty which their ancestors  in the   
past had suffered2 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 them4    ,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 8a  government by the        
people04    ,,elementary ,,questions    
#a4 ,what is a village8    #b4 ,what is 
a ,state8    #c4 ,when were the colonies
 first called ,states8    #d4 ,what     
,states adopted ,constitutions before   
the adoption and ratification  of the   
,constitution of the ,united ,states8   
#e4 ,can the people of the ,state of    
,new ,york enact a law punishing a      
person  for coining silver dollars8     
,why8    #f4 ,can ,congress pass a law  

,sting the punishment of a person for   
stealing a  horse in the ,state of      
,michigan8    #g4 ,when was the ,state  
in which we live admitted to the ,union8
    #h4 ,who framed the ,constitution of
 this ,state8    ,,advanced ,,questions 
,a4 ,what is a constitution8    ,b4     
,explain fully how a ,constitution of a 
,state comes into1 being4    ,c4 ,must a
 constitution be in writing8 ,if not1   
what may be its form8    ,d4 ,state how 
the ,constitution of the ,united ,states
 may be amended4    ,e4 ,in what way may
 the ,constitution of a ,state be       
amended8    ,f4 ,write briefly telling  
the advantages of a written             
constitution4    ,g4 ,state in writing  
the power of the courts in exercising   
their power and  duty of defending the  
,constitution4 ,give an illustration4   
,h4 ,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 ,states1 and in what things the   

,constitution of the ,states follow the 
,constitution of the ,united ,states4   
,,xxviii4 ,,the ,,suffrage              
,the ,significance ,of ,the ,nineteenth 
,amendment ,to ,the ,constitution       
,this meeting was at night4 ,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 come4 ,the assembly room  was     
crowded1 and although extra chairs had  
been placed in the aisles1  there were a
 number of people standing4 ,the        
principal said that it was the  largest 
crowd that he had ever seen in the      
room47#ajg7    ,first everybody arose   
and sang 8,the ,star ,spangled ,banner01
 and when the  meeting closed1 the      
audience joined in singing              
8,america047#ajh7 ,the judge  was       
greeted with loud applause4 ,he said3   
,i am happy to-night4 ,this meeting is  
an inspiration4 ,it is a real  community
 meeting1 a real ,american meeting4 ,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 anarchy4  ,such ideas     
cannot live in a community where the    
people really know each  other4 ,there  
are no class lines here to-night4 ,you  
are too close together4  ,i see a banker
 over there whom ,i have known for      
thirty years4 ,he was  brought up in    
this city1 attended this school1 and has
 spent his whole  life here4 ,his       
success in life came to him among old   
friends in the  community where he was  
born4 ,near him ,i see a bricklayer4 ,i 
have known him  and respected him since 
boyhood4 ,we played on the same baseball
 team when  we were both younger and    
could run faster than we can now4 ,he   
went to the  ,washington school4 ,the   
children of these men are in this school
 now4 ,in a  few years they will be     
grown men and women doing the work that 
we shall  have to give up soon47#aji7   

,so with most of the people in this room
 to-night4 ,they were born here1  went  
to school here1 and they have worked    
here all their lives4 ,some  followed   
one occupation1 some another4 ,this was 
a matter of their own  choice4 ,their   
children are now growing up1 as they    
once grew up4 ,soon they  will be       
selecting their life work4 ,soon they   
will be voting and performing  other    
duties of citizenship4 ,soon you and ,i1
 fathers and mothers1 will  pass off the
 stage of life4 ,soon we shall be       
forgotten by all except the  few who    
compose the family circle1 who love us  
notwithstanding our faults4    ,for a   
few weeks ,i have been acting as        
teacher4 ,i have been trying hard to    
bring into the minds and hearts of the  
pupils in this school something of  the 
sacredness of human liberty1 something  
of the cost of ,american  liberty1 the  
sacrifices1 the struggles1 the          
bloodshed1 the heartaches1 and          
heartbreaks which finally triumphed when

 our ,constitution was adopted4 ,i  have
 endeavored to explain that the         
,constitution is not a mere skeleton or 
framework1 defining the relation of the 
,nation and the ,states and  providing  
for the election of officers to carry   
out the plans of the  ,national         
government4 ,i have repeatedly told the 
great truth that in  ,america there is  
more freedom1 justice1 charity1 and     
kindness than in any  other ,nation in  
the world4 ,i have pointed out that in  
,america we have in  our ,constitution  
written guaranties of life1 liberty1 and
 property rights  such as no other      
,nation in the history of the world ever
 had4 ,we have  found that this is a    
government by the people1 that the      
people rule1 that  the few cannot rule  
unless the many refuse to perform their 
duties as  citizens of this great       
republic4 ,oh6 if we can only put in the
 hearts of  the ,american people a      
realization of the power and the duty of
 the  people6    ,to-night ,i wish to   

present briefly something of the manner 
in which the  people express their      
power1 the method by which the people   
disclose their  wishes in public        
affairs4 ,the ,star ,baseball ,club1 the
 ,irving ,literary  ,society1 the ,city 
,teachers ,association1 the ,woman's    
,club1 the ,charity  ,guild1 these are  
all mere organisations of people4 ,that 
is all that  ,america is4 ,these        
organizations have written              
constitutions4 ,so has  ,america4 ,these
 organizations must have laws or rules  
of conduct1 aside  from their           
constitutions4 ,so must ,america4 ,these
 societies must have a  policy and      
transact business4 ,so must ,america4   
,in adopting laws or rules  of conduct  
these societies secure an expression of 
the wishes of their  members4 ,these    
wishes are generally expressed by their 
votes1 sometimes by  ballot and         
sometimes orally in a meeting4          
,america secures an expression of the   
wishes of the people by their votes4    

,the votes of the people either in      
writing or printed are cast on election 
days fixed by laws enacted through the  
vote of the people4 ,in no other way    
can the wishes of the people be made    
known4 ,it1 is through the ballot that  
the people exercise their powers4 ,it is
 through the ballot that ,america is    
governed47#aaj7    ,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 day4
 ,i wonder if  they realize that in this
 way the people rule4 ,on election day  
we see  something of the equality of the
 people4 ,if you go near the polling    
place1  you will see the president of   
the bank1 perhaps1 or the president of  
the  railroad walking side by side with 
the hodcarrier or the brakeman on the   
train4 ,in the voting booth each has the
 same power in helping to shape the     
destiny of their country4    ,in a way  

this is a new method of government4     
,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 property1 race1 or creed  
to exercise the same power in  the      
ballot box47#aaa7    ,from the beginning
 ,america has led in granting the right 
of suffrage1 the  right to vote4 ,in the
 early days in some of the ,states a man
 had to own a  certain amount of        
property before he could vote1 but this 
has not been  true for more than fifty  
years4 ,now a new day has come4 ,after a
 struggle  for generations1 the right to
 vote has been conferred upon all female
  citizens1 regardless of property1     
social position1 religion1 or race4 ,it 
has been a long struggle and now that   
victory has been won for equal          
suffrage1 is there anyone who will still
 contend that in this country the       
people do not rule8    ,who has         
conferred this great privilege upon the 
women of ,america8 ,the  voters of      

,america decided that every ,state      
should grant this privilege4    ,the    
amendment to the ,constitution is as    
follows3    8,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  
sex40    ,the people did not vote       
directly upon this constitutional       
amendment1 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 amendment4   
,thus the  responsibility rests with the
 people4 ,this is true of course as to  
nearly  all the laws enacted by ,state  
and ,nation--the people do not vote     
directly  upon them1 but they select    
their agents1 who1 under the law1 are   
authorized to act for them4    ,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  vote47#aab7 
,perhaps you were not in favor of woman 
suffrage4 ,many good men and women  were
 opposed to it4 ,many are still opposed 
to it4 ,this is a good  illustration of 
the way we do things in a democracy4 ,we
 have different  temperaments1 different
 dispositions4 ,we are reared in        
different  surroundings4 ,we have       
different interests4 ,we look at life in
 different  ways4 ,each of us has a     
right to his opinion and each of us has 
the right  to express it by our vote4   
,when we finally vote1 a decision is    
made4 ,if we  belong to the majority1 we
 find that our wish is carried out4 ,if 
we are in  the minority1 we cheerfully  
follow what the majority of the people1 
what  most of the people in ,america    
desire4    ,the thing that ,i wish to   
impress to-night is that to vote on     
election day  is not only a right1 it is
 a duty4 ,whether we were for woman     
suffrage or  not it has come4 ,it is    
settled4 ,it brings into power          

twenty-seven million  new voters4 ,each 
of these women1 whether she desires it  
or not1 must  assume this new share of  
the responsibilities of government4 ,it 
is a  patriotic duty4 ,at every election
 we must cast our votes4 ,before every  
election we must study the issues1 the  
problems to be met4 ,unless we do  that 
we are failing in patriotism and        
loyalty4 ,unless we vote we are not     
good citizens4    ,now ,i must close4 ,i
 hope that the talks ,i have given in   
this school have  planted in the hearts 
of boys and girls1 and possibly in the  
hearts of  grown men and women1         
something of the simple truth of        
,american life1  something perhaps of   
the privileges of ,american citizenship 
and something  of the duties that we all
 owe in return4    ,i have promised the 
principal of this school that next term 
,i will again  appear and present some  
new topics4 ,i wish to talk to the boys 
and girls  about authority and          
obedience1 the source of authority and  

the duty of  obedience4 ,i wish also to 
talk about the making of laws1 the      
origin of  laws1 how they are put in    
form and finally enacted by the people4 
,i wish  to talk about our public       
servants1 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 village1 all officers are mere 
servants  of the people and that no     
officer in ,america is in his official  
capacity  master of any man1 woman1 or  
child4 ,i wish to impress as far as ,i  
am able  the great truth expressed by   
,chief ,justice ,marshall when he said  
long  years ago1 8,this is a government 
of laws and not of men40    ,,elementary
 ,,questions    #a4 ,show the ways in   
which the ,united ,states is just like a
 small club8    #b4 ,why must we always 
vote8    #c4 ,why is it right that women
 should vote8    #d4 ,show that this is 
more than a privilege3 it is a duty4    
#e4 ,imagine some person saying that    

,america is only for the rich4 ,review  
all the work that we have done1 and show
 how it is just as fair to the  poor man
 as to the rich4    ,,advanced          
,,questions    ,a4 ,re-read the         
questions to chapters one and two4 ,note
 the difference in  your answers4    ,b4
 ,map out a program so that you can show
 to all critics of ,america the  ways in
 which the ,constitution of the ,united 
,states gives to all ,americans  the    
rights to ,,life1 ,,liberty1 and the    
,,pursuit ,,of ,,happiness4    ,c4 ,you 
can now answer fully the question1 8,why
 is ,america the most free  and most    
just ,nation on the globe80    ,d4 ,what
 did ,chief ,justice ,marshall mean when
 he said1 8,this is a  government of    
laws1 and not of men40    ,e4 ,prepare  
in writing a constitution for the       
8,lincoln ,debating ,club04             
,a ,,word ,,to ,,the ,,the ,,teachers   
,,and ,,others      8,the very essence  
of civil liberty certainly consists in  
the right of  every individual to claim 

the protection of the laws whenever he  
receives  an injury4 ,one of the first  
duties of government is to afford that  
protection4 ,the ,government of the     
,united ,states has been emphatically   
termed1 a government of laws1 and not of
 men4 ,it will certainly cease to       
deserve this high appellation1 if the   
laws furnish no remedy for the          
violation of a vested legal right40     
,these words of ,chief ,justice         
,marshall in ,marbury v4 ,madison1 #a   
,cranch1  #acg1 are the most significant
 and far reaching in their effect upon  
human  government that were ever uttered
 by the lips of man4    8,a government  
of laws and not of men40 ,this expresses
 the fundamental  difference between the
 government of this great ,american     
republic and all  other systems of      
government devised by man before the    
,constitution of the  ,united ,states   
came into being47#aac7    ,government   
has been the great problem of the human 
race throughout all the  ages since     

mankind first started out upon the great
 highway of life4 ,the  greatest problem
 men have ever been called upon to solve
 is 8how they  might live together in   
communities without cutting each others 
throats04    ,as we look back at the    
warring world of yesterday1 yea as we   
look at the  warring world to-day       
7#aibj71 we are reminded that the       
history of the human  family tells a    
long1 sad story of war and bloodshed and
 death4 ,the path  which humanity has   
traveled stretches back into the dim    
distance1 a long  gleaming line of white
 human bones4 ,the flowers1 the trees1  
and the shrubs  along the way have been 
nurtured by the red blood that flowed   
from human  hearts4 ,all over the world 
the battle has waged2 away down in      
,egypt where  the ,nile scatters her    
riches2 upon the banks of the ,tiber    
which for  centuries has reflected the  
majesty of ,rome2 upon the heights above
 the  castle crowned ,rhine2 on the     
banks of the peaceful ,thames2 and upon 

the  prairies that sweep back from the  
,father of ,waters1 men have fought and 
died4 ,in the field and in the forest1  
by the sweet running brook1 and upon    
the burning sands1 in the mountain pass1
 and in the stony streets of the        
populous city1 within the chancel rail  
of holy churches1 and at the dark       
entrance to the ,bastile--in all these  
places1 and in a thousand more1 the     
hand of the oppressed has been lifted   
against the oppressor1 the right to  be 
free that ,god gave to men has struggled
 with the power which might has  given1 
and1 alas6 so often might has triumphed1
 and the slave1 sick at  heart1 has been
 scourged to his dungeon4 ,on a thousand
 hillsides burning  fagots have consumed
 men who dared to dream of freedom1 and 
in dark and  slimy prison cells where   
,god's sunlight seldom entered1 men have
 rotten  with clanking chains upon their
 limbs because they dared to ask for the
  rights of freemen4    ,in the olden   
days force ruled the world2 the king1   

the crown1 the scepter1  were the       
insignia of power4 ,all about were the  
instruments of force1 the  cannon1 the  
moated castle1 the marching armies of   
the king4    ,and so it was until the   
,american ,nation was born1 a ,nation   
founded by  exiles who were fleeing from
 oppression1 from unrestrained power1   
exiles  who dreamed of establishing a   
,nation1 exiles with stout hearts and   
with  strong hands with which to build  
it--a ,nation where there would be no   
master and no slaves1 where the citizen 
would rule and not the soldier1  where  
the home and the school and not the     
castle would stand as the  citadel of   
the ,nation1 where the steel would at   
last be molded into  plowshares1 and not
 into swords1 where1 instead of martial 
music1 the song  of the plowboy and the 
hum of the spinning wheel would greet   
the ear1  where lust for power would be 
dethroned and brute force strangled1    
where  love would rule and not          
brutality1 where justice and not        

vengeance would  be the end of judicial 
investigation1 where the rights of men  
to live and  to enjoy the fruits of     
their labor would be recognized4 ,this  
was the dream  of the fathers of the    
republic as they laid the foundation in 
the long  ago4    ,but this dream never 
would have been realized had it not been
 for the  recognition of that great     
constitutional principle1 announced by  
,chief  ,justice ,marshall1 that in this
 ,nation the law is supreme2 not supreme
  alone with the citizen1 but supreme   
with the ,nation and the ,states that   
compose the ,nation2 not supreme with   
the humble toiler1 but supreme with  the
 richest and the strongest2 not supreme 
in theory1 but supreme in truth  and in 
fact4    ,this great principle of the   
supremacy of the law finds its origin in
 that  immortal document1 the           
,constitution of the ,united            
,states47#aad7    ,few there are in     
these modern days who fully appreciate  
the wonderful  blessings of a written   

,constitution which gives recognition to
 the  fundamental natural rights of man1
 and provides guaranties against the    
invasion of these rights4    ,gladstone1
 the eminent statesman1 said3           
,it 7the ,american ,constitution7 is the
 greatest work ever struck      off at  
any one time by the mind and purpose of 
man4      ,an eminent lawyer has said3  
,it has been the priceless adjunct of   
free government1 the mighty      shield 
of the rights and liberties of the      
citizen4 ,it has been      many times   
invoked to save him from illegal        
punishment1 and save      his property  
from the greed of unscrupulous enemies1 
and to save      his political fights   
from the unbridled license of victorious
      political opponents controlling   
legislative bodies2 nor does it         
sleep1 except as a sword dedicated to a 
righteous cause sleeps in      its      
scabbard4      ,horace ,binney says3    
,what were the ,states before the       
,union8 ,the hope of their enemies1     

the fear of their friends1 and arrested 
only by the ,constitution      from     
becoming the shame of the world4        
,sir ,henry ,maine gives the following  
estimate of the ,constitution3          
,it isn't at all easy to bring home to  
the men of the present day1      how low
 the credit of the ,republic had sunk   
before the      establishment of the    
,united ,states4444 ,its success has    
been so      great and striking1 that   
men have almost forgotten1 that if the  
whole1 or the known experiments of      
mankind in governments be      looked at
 together1 there has been no form of    
government so      successful as the    
republican4      ,justice ,mitchell of  
,pennsylvania1 some twenty odd years ago
 said3          ,a century and a decade 
has passed since the ,constitution of   
the      ,united ,states was adopted4   
,dynasties have arisen and fallen1      
boundaries have extended and shrunken   
'till continents seem almost      the   
playthings of imagination and war2      

nationalities have been      asserted   
and subdued2 governments built up only  
to be overthrown1      and the kingdoms 
of the earth from the ,pillars of       
,hercules to the      ,yellow ,sea have 
been shaken to their foundations4       
,through all this      change and       
obstruction1 the ,republic1 shortest    
lived of all forms      of government in
 the prior history of the world1        
surviving the      perils of foreign and
 domestic war1 has endured and          
flourished4      ,and yet1 it is true1  
8and pity 'tis1 'tis true01 that in     
these days there  seems to be a great   
lack of confidence1 nay even a feeling  
of contempt  existing in the minds and  
hearts of many men for this great       
charter of  human liberty4 ,men born to 
the blessings of freedom1 men who do not
 stop  to think about the cost of       
freedom1 men who do not realize that    
this  ,nation is not the child of       
chance1 but that it is the outgrowth of 
centuries of tears and blood and        

sacrifice in the cause of human         
freedom--these men assume an attitude of
 criticism1 and would1 by  destroying   
the ,constitution1 fly from the 8ills we
 have0 and open their  arms to evils 8we
 know not of04    ,and this feeling1    
this unrest1 this spirit of criticism1  
is not limited to  the ignorant1 nor the
 lowly4 ,many men and women of education
 and culture  are prominent in the ranks
 of those who raise their voices in     
reckless  condemnation4    ,what is the 
source of this widespread feeling8      
,for several years before the ,world    
,war1 we were passing through a period  
of readjustment in the political and    
social life of the ,nation4 ,many       
people felt that privilege was too      
strongly entrenched in governmental     
favor4 ,a noble feeling of sympathy for 
the weak and the unfortunate  created a 
demand for social justice4 ,a great     
political party was thrown  out of      
power4 ,out of all this came appeals for
 legislation1 most of it  inspired by   

the highest motives1 but much of it     
impractical and visionary1  some of it  
so framed that in providing a benefit   
for a certain class1 the  rights of some
 other class were forgotten4 ,often it  
became necessary to  recall the         
provisions of the ,constitution1 and    
some times it was used as a  bar to the 
enactment of measures which were        
inspired only by the loftiest  motives4 
,under such circumstances it is only    
natural that those intensely            
interested1 seeing only from one        
standpoint1 not understanding perhaps   
the  far reaching effect of their       
favorite measures1 should cry out at the
  limitations imposed by the            
,constitution4    ,then again courts are
 sometimes compelled1 under their sworn 
duty to  defend the ,constitution1 to   
hold that a legislative enactment is    
unconstitutional and void1 because it   
violates some of the principles of  that
 great document1 created1 not by courts1
 not by presidents1 but by the  people  

themselves for their own guidance and   
protection4    ,but ,chief ,justice     
,white gives the strongest reason for   
this feeling of  contempt for the       
,constitution4 ,he says3          ,there
 is great danger1 it seems to me1 to    
arise1 from the constant      habit     
which prevails where anything is opposed
 or objected to1 of      resorting      
without rhyme or reason1 to the         
,constitution as a means      of        
preventing its accomplishment1 thus     
creating the general      impression    
that the ,constitution is but a barrier 
to progress1      instead of being the  
broad highway through which alone true  
progress1 may be enjoyed4      ,not only
 is this true1 but unfortunately it is  
also true that every base  murderer who 
begins to feel the rope tighten about   
his neck can find some  lawyer who can  
devise some alleged constitutional      
reason why his client  should not hang4 
,the courts are constantly engaged in   
defending the  ,constitution against    

these base and unworthy attempts to     
defeat justice4    ,then upon every hand
 are those who hate authority1 who      
despise law and  order1 and who denounce
 the ,constitution because it stands    
between them  and a realization of their
 greedy1 vicious purposes4    ,justice  
,white further says that there is 8a    
growing tendency to suppose  that every 
wrong that exists1 despite the system1  
and which would be many  times worse if 
the system did not exist1 is            
attributable to it1 and  therefore that 
the ,constitution should be disregarded 
or over-thrown04    ,the foregoing are  
some1 but not all of the causes which   
weaken the faith  of the people in the  
,constitution4    ,now recognizing that 
there is in this ,nation a lack of      
respect for the  ,constitution1 and     
knowing something of the causes which   
underlie this  feeling1 and realizing   
that the ,constitution is in very truth 
the fortress  and the glory of our      
republic1 what is our duty8    ,the duty

 of every man1 woman1 and child in      
,america is to defend the  ,constitution
 with his life1 if necessary1 against   
those who condemn and  traduce and seek 
to destroy4    ,but how shall we defend 
it8 ,shall we oppose all amendments of  
the  ,constitution8 ,no1 by its very    
terms it is subject to amendment2 but in
  contemplating its amendment1 we should
 approach this sacred document in  the  
same reverent spirit we would have if we
 were entering upon some holy  shrine4  
,it is the people's ,constitution2 it is
 their right to amend it4  ,yea1 it is  
their duty to amend it1 if upon due     
deliberation1 the rights of  the whole  
people can be better protected or       
enforced4    ,complaint is sometimes    
made because of the delay involved in   
its  amendment2 but the provisions of   
the ,constitution requiring deliberation
  were wisely inserted4 ,it was intended
 that fundamental principles should  not
 be changed under the inspiration of    
sudden passion4 ,it contemplated  mature

 deliberation4 ,the fathers of the      
,republic were mindful of the  storms   
which at times in the history of the    
world had swept the people to           
destruction47#aae7    ,shall we rebuke  
the people who seek reforms8 ,shall we  
decry progress or  change8 ,no1 we      
should be the leaders in all such       
reforms4 ,we should aid  in guiding     
public sentiment along channels safe and
 sound and  constitutional4 ,we should  
give recognition to the appeals of those
 who  would lighten the burdens of our  
brothers who may be heavy laden4 ,we    
should aid in convincing the people that
 the ,constitution is no restraint  upon
 their aspirations for higher and better
 things2 that it is in truth  the guide 
and inspiration to better things4       
,shall we condemn those who through lack
 of knowledge do not appreciate the     
great value of the ,constitution8 ,no1  
we should teach them4 ,we should lead   
them4 ,we should inspire them with love 
and veneration for this great  bulwark  

of human freedom4    ,we must in very   
truth become teachers of all the people4
 ,we must carry to  them the light of   
our knowledge4 ,we must point out to    
them the rocks upon  which other        
republics have been wrecked47#aaf7      
,we must teach them that in the         
,constitution we find an absolute       
guaranty  of protection for life1 for   
liberty1 and for property rights4 ,that 
there  is no man so lowly1 that he      
cannot point to the ,constitution as his
 shield  from the acts of the tyrant1   
that he cannot point to his humble home 
as  his 8castle01 and under the sacred  
guaranties of the ,constitution defy all
  the unlawful force of the world4      
,we must teach them that it guarantees  
the inviolability of contracts1 that  it
 prevents even a great ,state from      
taking the life or property of its      
humblest citizen without a trial under  
due process of law1 that trial by  jury 
is preserved1 and that no man can be    
convicted of a crime without the        

privilege of being represented by       
counsel1 and that no man can be         
compelled to be a witness against       
himself4    ,we must recall to them the 
awful tragedies enacted in the days of  
old1  where1 under ,star ,chamber       
proceedings1 men were deprived of their 
property  and their lives upon charges  
of treason1 which were never proven2 and
 then  we must point out to them the    
burning words of the ,constitution1     
which  provides that no man can be found
 guilty of treason without at least two 
witnesses to the overt act4    ,we must 
impress upon them the great truth1 that 
there is not now1 and  never has been1 a
 system of government which can abolish 
sorrow1 or  sickness1 or stay the hand  
of death4 ,that no government can help  
men who  will not help themselves2 that 
there is no way in which any government 
can  bring riches to the indolent1 nor  
bread to those who will not toil4 ,we   
must combat the false philosophy which  
assumes that all men are equal in  all  

things1 because men are not equal1      
except as under the ,constitution  they 
are equal before the law4 ,no system of 
legislation and no method of  government
 can equalize the strong with the weak1 
the wise with the  simple1 the good with
 the bad4 ,while ,god gives to some men 
wisdom and  shrewdness which others do  
not possess1 while some are broad       
shouldered1  with muscles of steel1 and 
others are frail1 and tremble as they   
walk1  there will always be riches1     
there will always be poverty1 and any   
scheme  for equalizing the possessions  
of men is but an idle dream which never 
can  be realized until men are made over
 into beings without passion or pride   
or ambition or selfishness4 ,do not let 
them feel that its provisions are       
intended to protect only the rich and   
powerful4 ,if the right of a railway    
corporation to certain lands is         
sustained under some constitutional     
provision1 do not allow the people to   
assume that this provision exists  only 

for corporations1 but impress upon them 
that the same constitutional  provision 
which protects the railway company in   
its rights1 may be invoked  in defense  
of the little homestead out upon the    
prairies4    ,if some desperado should  
be acquitted because he invoked the     
constitutional requirement that he upon 
his trial must be confronted by  the    
witnesses against him1 remind those who 
criticise that this same  provision is  
made for their sons who may to-morrow be
 unjustly charged  with a crime2 impress
 upon them that it is impossible to have
 one law for  the guilty1 and another   
for the innocent2 and that under our    
,constitution1  every man is presumed to
 be innocent until proven to be guilty4 
,then impress upon the people something 
of the wonderful growth of the  ,nation1
 the development of the ,nation1 and the
 progress of the ,nation--all  under the
 wise protection of the ,constitution4  
,to those who may be  discouraged in the
 battle of life1 and who may attribute  

their failure to  the injustice of      
social conditions1 point out what other 
men have done  under the same           
conditions1 with no better opportunity1 
and ask them to  ponder the question as 
to whether their failure is not to be   
attributed  largely to their own lack of
 energy and determination47#aag7    ,and
 if they point out abuses which do      
exist1 ask them to aid in  eliminating  
these abuses4 ,if half the energy which 
is exerted by earnest1  but misguided   
people1 in efforts to tear down our form
 of government1 were  honestly applied  
in an effort to remedy existing evils in
 a constitutional  way1 these people    
would show that they were patriots1 and 
at the same time  they would accomplish 
something for their country and their   
fellowmen47#aah7    ,too long have we   
been silent while the enemies of our    
country have  poisoned the minds of     
youth1 yea1 and of manhood and          
womanhood1 with the  gospel of treason4 
,those who despise and condemn the      

,constitution have in the past ten years
  had more earnest students of their    
vicious doctrines than have those who   
uphold the ,constitution and prize their
 liberties which the ,constitution      
guards and protects4    ,all over the   
land earnest men and women are          
endeavoring to teach the great  truth of
 ,americanism1 and with substantial     
success2 but those who  understand human
 nature realize that the faith of our   
fathers can only be  firmly established 
by lighting the fires of patriotism and 
loyalty in the  hearts of our children4 
,through them the great truths of our   
,national life  can be brought into the 
homes of the land4    ,and the ,nation  
will never be safe until the            
,constitution is carried into  the      
homes1 until at every fireside young and
 old shall feel a new sense of  security
 in the guaranties which are found in   
this great charter of human  liberty1   
and a new feeling of gratitude for the  
blessings which it assures  to this1 and

 to all future generations4             
,,declaration ,,of ,,independence       
,when in the ,course of human events1 it
 becomes necessary for one people to    
dissolve the political bands which have 
connected them with another1 and  to    
assume among the ,powers of the earth1  
the separate and equal station to  which
 the ,laws of ,nature and of ,nature's  
,god entitle them1 a decent  respect to 
the opinions of mankind requires that   
they should declare the  causes which   
impel them to the separation4    ,we    
hold these truths to be self-evident1   
that all men are created equal1  that   
they are endowed by their ,creator with 
certain unalienable ,rights1  that among
 these are ,life1 ,liberty and the      
pursuit of ,happiness4 ,that to  secure 
these rights1 ,governments are          
instituted among ,men1 deriving their   
just powers from the consent of the     
governed4 ,that whenever any form of    
,government becomes destructive of these
 ends1 it is the ,right of the  ,people 

to alter or abolish it1 and to institute
 new ,government1 laying its  foundation
 on such principles and organizing its  
powers in such form1 as  to them shall  
seem most likely to effect their ,safety
 and ,happiness4  ,prudence1 indeed1    
will dictate that ,governments long     
established should  not be changed for  
light and transient causes2 and         
accordingly all  experience hath shown1 
that mankind are more disposed to       
suffer1 while  evils are sufferable1    
than to right themselves by abolishing  
the forms to  which they are accustomed4
 ,but when a long train of abuses and   
usurpations1 pursuing invariably the    
same ,object evinces a design to  reduce
 them under absolute ,despotism1 it is  
their right1 it is their duty1  to throw
 off such ,government1 and to provide   
new ,guards for their future            
security4--,such has been the patient   
sufferance of these ,colonies2 and such 
is now the necessity which constrains   
them to alter their former ,systems  of 

,government4 ,the history of the present
 ,king of ,great ,britain is a  history 
of repeated injuries and usurpations1   
all having in direct object  the        
establishment of an absolute ,tyranny   
over these ,states4 ,to prove this1  let
 ,facts be submitted to a candid world4 
,he has refused his ,assent to ,laws1   
the most wholesome and necessary for    
the public good4    ,he has forbidden   
his ,governors to pass ,laws of         
immediate and pressing  importance1     
unless suspended in their operation till
 his ,assent should be  obtained2 and   
when so suspended1 he has utterly       
neglected to attend to  them4    ,he has
 refused to pass other ,laws for the    
accommodation of large districts  of    
people1 unless those people would       
relinquish the right of  ,representation
 in the ,legislature1 a right           
inestimable to them and  formidable to  
tyrants only4    ,he has called together
 legislative bodies at places unusual1  
uncomfortable1 and distant from the     

depository of their ,public ,records1   
for the sole purpose of fatiguing them  
into compliance with his measures4      
,he has dissolved ,representative       
,houses repeatedly1 for opposing with   
manly  firmness his invasion on the     
rights of the people4    ,he has refused
 for a long time1 after such            
dissolutions1 to cause others  to be    
elected2 whereby the ,legislative       
,powers1 incapable of ,annihilation1    
have returned to the ,people at large   
for their exercise2 the ,state          
remaining in the mean time exposed to   
all the dangers of invasion from        
without1 and convulsions within4    ,he 
has endeavoured to prevent the          
population of these ,states2 for that   
purpose obstructing the ,laws for       
,naturalization of ,foreigners2 refusing
 to  pass others to encourage their     
migration hither1 and raising the       
conditions of new ,appropriations of    
,lands4    ,he has obstructed the       
,administration of ,justice1 by refusing

 his ,assent to  ,laws for establishing 
,judiciary ,powers4    ,he has made     
,judges dependent on his ,will alone1   
for the tenure of their  offices1 and   
the amount and payment of their         
salaries4    ,he has erected a multitude
 of ,new ,offices1 and sent hither      
swarms of  officers to harass our       
,people1 and eat out their substance4   
,he has kept among us1 in times of      
peace1 ,standing ,armies without the    
,consent of our legislature4    ,he has 
affected to render the ,military        
independent of and superior to the      
,civil ,power4    ,he has combined with 
others to subject us to a jurisdiction  
foreign to our  constitution1 and       
unacknowledged by our laws2 giving his  
,assent to their  ,acts of pretended    
,legislation3    ,for quartering large  
bodies of armed troops among us3    ,for
 protecting them1 by a mock ,trial1 from
 ,punishment for any ,murders  which    
they should commit on the ,inhabitants  
of these ,states3    ,for cutting off   

our ,trade with all parts of the world3 
,for imposing taxes on us without our   
,consent3    ,for depriving us in many  
cases1 of the benefits of ,trial by     
,jury3    ,for transporting us beyond   
,seas to be tried for pretended         
offences3    ,for abolishing the free   
,system of ,english ,laws in a          
neighbouring ,province1  establishing   
therein an ,arbitrary government1 and   
enlarging its ,boundaries  so as to     
render it at once an example and fit    
instrument for introducing  the same    
absolute rule into these ,colonies4     
,for taking away our ,charters1         
abolishing our most valuable ,laws1 and 
altering fundamentally the ,forms of our
 ,government3    ,for suspending our own
 ,legislatures1 and declaring themselves
 invested  with ,power to legislate for 
us in all cases whatsoever4    ,he has  
abdicated ,government here1 by declaring
 us out of his ,protection  and waging  
,war against us4    ,he has plundered   
our seas1 ravaged our ,coasts1 burnt our

 towns1 and  destroyed the lives of our 
people4    ,he is at this time          
transporting large armies of foreign    
mercenaries to  compleat the works of   
death1 desolation and tyranny1 already  
begun with  circumstances of ,cruelty   
perfidy scarcely parallel in the most   
barbarous  ages1 and totally unworthy   
the ,head of a civilized nation4    ,he 
has constrained our fellow ,citizens    
taken ,captive on the high ,seas to     
bear ,arms against their ,country1 to   
become the executioners of their        
friends and ,brethren1 or to fall       
themselves by their ,hands4    ,he has  
excited domestic insurrections amongst  
us1 and has endeavoured to  bring on the
 inhabitants of our frontiers1 the      
merciless ,indian ,savages1  whose known
 rule of warfare1 is an undistinguished 
destruction of all  ages1 sexes and     
conditions4    ,in every stage of these 
,oppressions ,we have ,petitioned for   
,redress in the  most humble terms3 ,our
 repeated ,petitions have been answered 

only by  repeated injury4 ,a ,prince1   
whose character is thus marked by every 
act  which may define a ,tyrant1 is     
unfit to be the ruler of a free ,people4
    ,nor have ,we been wanting in       
attention to our ,british brethren4 ,we 
have  warned them from time to time of  
attempts by their legislature to extend 
an unwarrantable jurisdiction over us4  
,we have reminded them of the           
circumstances of our emigration and     
settlement here4 ,we have appealed to   
their native justice and magnanimity1   
and we have conjured them by the  ties  
of our common kindred to disavow these  
usurpations1 which would  inevitably    
interrupt our connections and           
correspondence4 ,they too have  been    
deaf to the voice of justice and of     
consanguinity4 ,we must1  therefore1    
acquiesce in the necessity1 which       
denounces our ,separation1 and  hold    
them1 as we hold the rest of mankind1   
,enemies in ,war1 in ,peace  ,friends4  
,we1 therefore1 the ,representatives of 

the united ,states of ,america1 in      
,general ,congress1 ,assembled1         
appealing to the ,supreme ,judge of the 
world  for the rectitude of our         
intentions1 do1 in the ,name1 and by    
,authority of  the good ,people of these
 ,colonies1 solemnly publish and        
declare1 ,that  these ,united ,colonies 
are1 and of ,right ought to be ,free and
 ,independent  ,states2 that they are   
,absolved from all ,allegiance to the   
,british ,crown1  and that all political
 connection between them and the ,state 
of ,great  ,britain1 is and ought to be 
totally dissolved2 and that as ,free and
  ,independent ,states1 they have full  
,power to levy ,war1 conclude ,peace1   
contract ,alliances1 establish          
,commerce1 and to do all other ,acts and
  ,things which ,independent ,states may
 of right do4 ,and for the support of   
this ,declaration1 with a firm reliance 
on the ,protection of ,divine           
,providence1 we mutually pledge to each 
other our ,lives1 our ,fortunes and  our

 sacred ,honor4                         
,,constitution ,,of ,,the ,,united      
,,states      ,we the ,people of the    
,united ,states1 in ,order to form a    
more perfect ,union1  establish         
,justice1 insure domestic ,tranquility1 
provide for the common  defence1 promote
 the general ,welfare1 and secure the   
,blessings of ,liberty  to ourselves and
 our ,posterity1 do ordain and establish
 this ,,constitution  for the ,united   
,states of ,america4    ,,article ,i4   
,section #a4 ,all legislative ,powers   
herein granted shall be vested in a     
,congress of the ,united ,states1 which 
shall consist of a ,senate and ,house   
of ,representatives4    ,section #b4    
,the ,house of ,representatives shall be
 composed of ,members  chosen every     
second ,year by the ,people of the      
several ,states1 and the  ,electors in  
each ,state shall have the              
,qualification requisite for ,electors  
of the most numerous ,branch of the     
,state ,legislature4    ,no ,person     

shall be a ,representative who shall not
 have attained to the ,age  of          
twenty-five ,years1 and been seven      
,years a ,citizen of the ,united        
,states1  and who shall not1 when       
elected1 be an ,inhabitant of that      
,state in which  he shall be chosen4    
,representatives and direct ,taxes shall
 be apportioned among the several       
,states which may be included within    
this ,union1 according to their         
respective ,numbers1 which shall be     
determined by adding to the whole       
,number of free ,persons1 including     
those bound to ,service for a ,term of  
,years1 and excluding ,indians not      
taxed1 three-fifths of all other        
,persons4  ,the actual ,enumeration     
shall be made within three ,years after 
the first  meeting of the ,congress of  
the ,united ,states1 and within every   
subsequent  ,term of ten ,years1 in such
 ,manner as they shall by ,law direct4  
,the ,number  of ,representatives shall 
not exceed one for every thirty         

,thousand1 but  each ,state shall have  
at ,least one ,representative2 and until
 such  enumeration shall be made1 the   
,state of ,new ,hampshire shall be      
entitled to  chuse three1 ,massachusetts
 eight1 ,rhode ,island and ,providence  
,plantations  one1 ,connecticut five1   
,new ,york six1 ,new ,jersey four1      
,pennsylvania eight1  ,delaware one1    
,maryland six1 ,virginia ten1 ,north    
,carolina five1 ,south  ,carolina five1 
and ,georgia three4    ,when vacancies  
happen in the ,representation from any  
,state1 the ,executive  ,authority      
thereof shall issue ,writs of ,election1
 to fill such ,vacancies4    ,the ,house
 of ,representatives shall chuse their  
,speaker and other ,officers2  and shall
 have the sole ,power of ,impeachment4  
,section #c4 ,the ,senate of the ,united
 ,states shall be composed of two       
,senators from each ,state1 chosen by   
the ,legislatures thereof1 for six      
,years2 and each ,senator shall have one
 ,vote4    ,immediately after they shall

 be assembled in ,consequence of the    
first  ,election1 they shall be divided 
as equally as may be into three         
,classes4  ,the ,seats of the ,senators 
of the first ,class shall be vacated at 
the  ,expiration of the second ,year1 of
 the second ,class at the ,expiration of
  the fourth ,year1 and of the third    
,class at the ,expiration of the sixth  
,year1 so that one-third may be chosen  
every second ,year2 and if ,vacancies   
happen by ,resignation1 or otherwise1   
during the ,recess of the ,legislature  
of any ,state1 the ,executive thereof   
may make temporary ,appointments 7until 
the next ,meeting of the ,legislature1  
which shall then fill such  ,vacancies74
    ,no ,person shall be a ,senator who 
shall not have attained to the ,age of  
thirty ,years1 and been nine ,years a   
,citizen of the ,united ,states1 and who
  shall not1 when elected1 be an        
,inhabitant of that ,state for which he 
shall  be chosen4    ,the ,vice         
,president of the ,united ,states shall 

be ,president of the ,senate1  but shall
 have no ,vote1 unless they be equally  
divided4    ,the ,senate shall chuse    
their other ,officers1 and also a       
,president pro  tempore1 in the absence 
of the ,vice ,president1 or when he     
shall exercise  the ,office of          
,president of the ,united ,states4      
,the ,senate shall have the sole ,power 
to try all ,impeachments4 ,when sitting 
for that ,purpose1 they shall be on     
,oath or ,affirmation4 ,when the        
,president  of the ,united ,states is   
tried1 the ,chief ,justice shall        
preside3 ,and no  ,person shall be      
convicted without the ,concurrence of   
two-thirds of the  ,members present4    
,judgment in ,cases of ,impeachment     
shall not extend further than to removal
  from ,office1 and disqualification to 
hold and enjoy any ,office of honor1    
,trust or ,profit under the ,united     
,states3 but the ,party convicted shall 
nevertheless be liable and subject to   
,indictment1 ,trial1 ,judgment and      

,punishment1 according to ,law4         
,section #d4 ,the ,times1 ,places and   
,manner of holding ,elections for       
,senators  and ,representatives1 shall  
be prescribed in each ,state by the     
,legislature  thereof2 but the ,congress
 may at any time by ,law make or alter  
such  ,regulations1 except as to the    
,places of chusing ,senators4    ,the   
,congress shall assemble at least once  
in every ,year1 and such ,meeting  shall
 be on the first ,monday in ,december1  
unless they shall by ,law appoint  a    
different ,day4    ,section #e4 ,each   
,house shall be the ,judge of the       
,elections1 ,returns and                
,qualifications of its own ,members1 and
 a ,majority of each shall constitute  a
 ,quorum to do ,business2 but a smaller 
,number may adjourn from day to day1    
and may be authorized to compel the     
,attendance of absent ,members1 in such 
,manner1 and under such ,penalties as   
each ,house may provide4    ,each ,house
 may determine the ,rules of its        

,proceedings1 punish its ,members  for  
disorderly ,behavior1 and1 with the     
,concurrence of two-thirds1 expel a     
,member4    ,each ,house shall keep a   
,journal of its ,proceedings1 and from  
time to time  publish the same1         
excepting such ,parts as may in their   
,judgment require  ,secrecy2 and the    
,yeas and ,nays of the ,members of      
either ,house on any  question shall1 at
 the ,desire of one-fifth of those      
,present1 be entered on  the ,journal4  
,neither ,house1 during the ,session of 
,congress1 shall1 without the ,consent  
of the other1 adjourn for more than     
three days1 nor to any other ,place     
than that in which the two ,houses shall
 be sitting4    ,section #f4 ,the       
,senators and ,representatives shall    
receive a ,compensation  for their      
,services1 to be ascertained by ,law1   
and paid out of the ,treasury  of the   
,united ,states4 ,they shall in all     
,cases1 except ,treason1 ,felony and    
,breach of the ,peace1 be privileged    

from ,arrest during their ,attendance at
  the ,session of their respective      
,houses1 and in going to and returning  
from  the same2 and for any ,speech or  
,debate in either ,house1 they shall not
 be  questioned in any other ,place4    
,no ,senator or ,representative shall1  
during the ,time for which he was       
elected1 be appointed to any civil      
,office under the ,authority of the     
,united ,states1 which shall have been  
created1 or the ,emoluments whereof     
shall have been increased during such   
time2 and no ,person holding any        
,office under the ,united ,states1 shall
 be a ,member of either ,house during   
his ,continuance in ,office4    ,section
 #g4 ,all ,bills for raising ,revenue   
shall originate in the ,house of        
,representatives2 but the ,senate may   
propose or concur with ,amendments as   
on other ,bills4    ,every ,bill which  
shall have passed the ,house of         
,representatives and the  ,senate1      
shall1 before it become a ,law1 be      

presented to the ,president of  the     
,united ,states4 ,if he approve he shall
 sign it1 but if not1 he shall  return  
it1 with his ,objections to that ,house 
in which it shall have  originated1 who 
shall enter the ,objections at large on 
their ,journal1 and  proceed to         
reconsider it4 ,if after such           
,reconsideration two thirds of that     
,house shall agree to pass the ,bill1 it
 shall be sent1 together with the       
,objections1 to the other ,house1 by    
which it shall likewise be              
reconsidered1 and if approved by two    
thirds of that ,house1 it shall become  
a ,law4 ,but in all such ,cases the     
,votes of both ,houses shall be         
determined  by ,yeas and ,nays1 and the 
,names of the ,persons voting for and   
against the  ,bill shall be entered on  
the ,journal of each ,house             
respectively4 ,if any  ,bill shall not  
be returned by the ,president within ten
 ,days 7,sundays  excepted7 after it    
shall have been presented to him1 the   

,same shall be a  ,law1 in like ,manner 
as if he had signed it1 unless the      
,congress by their  ,adjournment prevent
 its ,return1 in which ,case it shall   
not be a ,law4    ,every ,order1        
,resolution1 or ,vote to which the      
,concurrence of the ,senate  and ,house 
of ,representatives may be necessary    
7except on a question of  ,adjournment7 
shall be presented to the ,president of 
the ,united ,states2 and  before the    
,same shall take ,effect1 shall be      
approved by him1 or being  disapproved  
by him1 shall be repassed by two thirds 
of the ,senate and  ,house of           
,representatives1 according to the      
,rules and ,limitations  prescribed in  
the ,case of a ,bill4    ,section #h4   
,the ,congress shall have ,power to lay 
and collect ,taxes1 ,duties1  ,imposts  
and ,excises1 to pay the ,debts and     
provide for the common ,defence  and    
general ,welfare of the ,united ,states2
 but all ,duties1 ,imposts and  ,excises
 shall be uniform throughout the ,united

 ,states2    ,to borrow money on the    
credit of the ,united ,states2    ,to   
regulate ,commerce with foreign         
,nations1 and among the ,several        
,states1  and with the ,indian ,tribes2 
,to establish an uniform ,rule of       
,naturalization1 and uniform ,laws on   
the  subject of ,bankruptcies throughout
 the ,united ,states2    ,to coin       
,money1 regulate the ,value thereof1 and
 of foreign ,coin1 and fix  the         
,standard of ,weights and ,measures2    
,to provide for the ,punishment of      
counterfeiting the ,securities and      
current  ,coin of the ,united ,states2  
,to establish ,post ,offices and post   
,roads2    ,to promote the ,progress of 
,science and useful ,arts1 by securing  
for  limited ,times to ,authors and     
,inventors the exclusive ,right to their
  respective ,writings and ,discoveries2
    ,to constitute ,tribunals inferior  
to the supreme ,court2    ,to define and
 punish ,piracies and ,felonies         
committed on the high ,seas and         

,offences against the ,law of ,nations2 
,to declare ,war1 grant ,letters of     
,marque and ,reprisal1 and make ,rules  
concerning ,captures on ,land and       
,water2    ,to raise and support        
,armies1 but no ,appropriation of ,money
 to that ,use  shall be for a longer    
,term than two ,years2    ,to provide   
and maintain a ,navy2    ,to make ,rules
 for the ,government and ,regulation of 
the land and naval  ,forces2    ,to     
provide for calling forth the ,militia  
to execute the ,laws of the ,union1     
suppress ,insurrections and repel       
,invasions2    ,to provide for          
organizing1 arming1 and disciplining the
 ,militia1 and for  governing such ,part
 of them as may be employed in the      
,service of the  ,united ,states1       
reserving to the ,states respectively1  
the ,appointment of  the ,officers1 and 
the ,authority of training the ,militia 
according to the  discipline prescribed 
by ,congress2    ,to exercise exclusive 
,legislation in all ,cases whatsoever1  

over such  ,district 7not exceeding ten 
,miles square7 as may1 by ,cession of   
particular  ,states1 and the acceptance 
of ,congress1 become the ,seat of the   
,government  of the ,united ,states1 and
 to exercise like ,authority over all   
,places  purchased by the ,consent of   
the ,legislature of the ,state in which 
the ,same  shall be1 for the ,erection  
of ,forts1 ,magazines1 ,arsenals1       
,dock-,yards and  other needful         
,buildings2--,and    ,to make all ,laws 
which shall be necessary and proper for 
carrying into  ,execution the foregoing 
,powers1 and all other ,powers vested by
 this  ,constitution in the ,government 
of the ,united ,states1 or in any       
,department  or ,officer thereof4       
,section #i4 ,the ,migration or         
,importation of such ,persons as any of 
the  ,states now existing shall think   
proper to admit1 shall not be prohibited
  by the ,congress prior to the ,year   
one thousand eight hundred and eight1   
but a tax or duty may be imposed on such

 ,importation1 not exceeding ten        
dollars for each ,person4    ,the       
,privilege of the ,writ of ,habeas      
,corpus shall not be suspended1 unless  
when in ,cases of ,rebellion or         
,invasion the public ,safety may require
 it4    ,no ,bill of ,attainder or ex   
post facto ,law shall be passed4    ,no 
,capitation1 or other direct ,tax shall 
be laid1 unless in ,proportion to  the  
,census or ,enumeration herein before   
directed to be taken4    ,no tax or     
,duty shall be laid on ,articles        
exported from any ,state4    ,no        
,preference shall be given by any       
,regulation of ,commerce or ,revenue to 
the ,ports of one ,state over those of  
another2 nor shall ,vessels bound to1   
or from1 one ,state1 be obliged to      
enter1 clear1 or pay ,duties in another4
    ,no ,money shall be drawn from the  
,treasury1 but in ,consequence of       
,appropriations made by ,law2 and a     
regular ,statement and ,account of the  
,receipts and ,expenditures of all      

,public ,money shall be published from  
time  to time4    ,no ,title of         
,nobility shall be granted by the       
,united ,states3 ,and no ,person        
holding any ,office of ,profit or ,trust
 under them1 shall1 without the         
,consent of the ,congress1 accept of any
 present1 ,emolument1 ,office1 or       
,title1 of any kind whatever1 from any  
,king1 ,prince1 or ,foreign ,state4     
,section #aj4 ,no ,state shall enter    
into any ,treaty1 ,alliance1 or         
,confederation2 grant ,letters of       
,marque and ,reprisal2 coin ,money2 emit
  ,bills of ,credit2 make anything but  
gold and silver ,coin a ,tender in      
,payment of ,debts2 pass any ,bill of   
,attainder1 ex post facto law1 or ,law  
impairing the ,obligation of ,contracts1
 or grant any ,title of ,nobility4      
,no ,state shall1 without the ,consent  
of the ,congress1 lay any ,imposts or   
,duties on ,imports or ,exports1 except 
what may be absolutely necessary for    
executing its inspection4 ,laws3 and the

 net ,produce of all ,duties and        
,imposts1 laid by any ,state on ,imports
 or ,exports1 shall be for the ,use of  
the ,treasury of the ,united ,states2   
and all of such ,laws shall be subject  
to the ,revision and ,control of the    
,congress4    ,no ,state shall1 without 
the ,consent of ,congress1 lay any duty 
of ,tonnage1  keep ,troops1 or ,ships of
 ,war in time of ,peace1 enter into any 
,agreement or  ,compact with another    
,state1 or with a foreign ,power1 or    
engage in ,war1  unless actually        
invaded1 or in such imminent ,danger as 
will not admit of  ,delay4    ,,article 
,,ii4    ,the executive ,power shall be 
vested in a ,president of the ,united   
,states of  ,america4 ,he shall hold his
 ,office during the ,term of ,four      
,years1 and1  together with the ,vice   
,president1 chosen for the same ,term1  
be elected1 as  follows    ,each ,state 
shall appoint1 in such ,manner as the   
,legislature thereof may  direct1 a     
,number of ,electors1 equal to the whole

 ,number of ,senators and               
,representatives to which the ,state may
 be entitled in the ,congress3 but no   
,senator or ,representative1 or person  
holding an ,office of ,trust or ,profit 
under the ,united ,states1 shall be     
appointed as ,elector4    ,the ,electors
 shall meet in their respective ,states1
 and vote by ,ballot for  two persons1  
of whom one at least shall not be an    
,inhabitant of the same  ,state with    
themselves4 ,and they shall make a ,list
 of all the ,persons voted  for1 and of 
the ,number of ,votes for each2 which   
,list they shall sign and  certify1 and 
transmit sealed to the ,seat of the     
,government of the ,united  ,states1    
directed to the ,president of the       
,senate4 ,the ,president of the  ,senate
 shall1 in the ,presence of the ,senate 
and ,house of ,representatives1  open   
all the ,certificates1 and the ,votes   
shall then be counted4 ,the ,person     
having the greatest ,number of ,votes   
shall be the ,president1 if such ,number

  be a ,majority of the whole ,number of
 ,electors appointed2 and if there be   
more than one who have such ,majority1  
and have an equal ,number of ,votes1    
then the ,house of ,representatives     
shall immediately chuse by ,ballot one  
of  them for ,president2 and if no      
,person have a ,majority1 then from the 
five  highest on the ,list the said     
,house shall in like ,manner chuse the  
,president4 ,but in chusing the         
,president1 the ,votes shall be taken by
  ,states1 the ,representation from each
 ,state having one ,vote2 ,a quorum for 
this ,purpose shall consist of a ,member
 or ,members from two-thirds of the     
,states1 and a ,majority of all the     
,states shall be necessary to a ,choice4
  ,in every ,case1 ,after the ,choice of
 the ,president1 the ,person having the 
greatest number of ,votes of the        
,electors shall be the ,vice ,president4
 ,but  if there should remain two or    
more who have equal ,votes1 the ,senate 
shall  chuse from them by ,ballot the   

,vice ,president4    ,the ,congress may 
determine the ,time of chusing the      
,electors1 and the ,day  on which they  
shall give their ,votes2 which ,day     
shall be the same  throughout the       
,united ,states4    ,no person except a 
natural born ,citizen1 or a ,citizen of 
the ,united  ,states1 at the time of the
 ,adoption of this ,constitution1 shall 
be  eligible to the ,office of          
,president2 neither shall any ,person be
 eligible  to that ,office who shall not
 have attained the age of thirty-five   
years1  and been fourteen ,years a      
,resident within the ,united ,states4   
,in ,case of the ,removal of the        
,president from ,office1 or of his      
,death1  ,resignation or ,inability to  
discharge the ,powers and ,duties of    
said  ,office1 the ,same shall devolve  
on the ,vice ,president1 and the        
,congress may  by ,law provide for the  
,case of ,removal1 ,death1              
,resignations1 or ,inability1  both of  
the ,president and ,vice ,president1    

declaring what ,officer shall  then act 
as ,president1 and such ,officer shall  
act accordingly1 until the  ,disability 
be removed1 or a ,president shall be    
elected4    ,the ,president shall1 at   
stated ,times1 receive for his          
,services1 a  ,compensation1 which shall
 neither be increased nor diminished    
during the  ,period for which he shall  
have been elected1 and he shall not     
receive  within that ,period any other  
,emolument from the ,united ,states1 or 
any of  them4    ,before he enter on the
 ,execution of his ,office1 he shall    
take the  following ,oath or            
,affirmation3--8,i do solemnly swear 7or
 affirm7 that ,i  will faithfully       
execute the ,office of ,president of the
 ,united ,states1 and  will to the best 
of my ,ability1 preserve1 protect and   
defend the  ,constitution of the ,united
 ,states40    ,section #b4 ,the         
,president shall be ,commander in ,chief
 of the ,army and ,navy  of the ,united 
,states1 and of the ,militia of the     

several ,states1 when  called into the  
actual ,service of the ,united ,states2 
he may require the  ,opinion1 in        
writing1 of the principal ,officer in   
each of the executive  ,departments1    
upon any ,subject relating to the       
,duties of their respective  ,offices1  
and he shall have ,power to grant       
,reprieves and ,pardons for  ,offences  
against the ,united ,states1 except in  
,cases of ,impeachment4    ,he shall    
have ,power1 by and with the ,advice and
 ,consent of the ,senate1 to  make      
,treaties1 provided two thirds of the   
,senators present concur2 and he  shall 
nominate1 and by and with the ,advice   
and ,consent of the ,senate1  shall     
appoint ,ambassadors1 other public      
,ministers and ,consuls1 ,judges of  the
 supreme ,court1 and all other ,officers
 of the ,united ,states1 whose          
,appointments are not herein otherwise  
provided for1 and which shall be        
established by ,law3 but the ,congress  
may by ,law vest the ,appointment of    

such inferior ,officers1 as they think  
proper1 in the ,president alone1 in  the
 ,courts of ,law1 or in the ,heads of   
,departments4    ,the ,president shall  
have ,power to fill up all ,vacancies   
that may happen  during the recess of   
the ,senate1 by granting ,commissions   
which shall  expire at the ,end of their
 next ,session4    ,section #c4 ,he     
shall from time to time give to the     
,congress ,information of  the state of 
the ,union1 and recommend to their      
,consideration such ,measures  as he    
shall judge necessary and expedient2 he 
may1 on extraordinary  ,occasions1      
convene both ,houses1 or either of them1
 and in ,case of  ,disagreement between 
them1 with ,respect to the ,time of     
,adjournment1 he may  adjourn them to   
such ,time as he shall think proper2 he 
shall receive  ,ambassadors and other   
public ,ministers2 he shall take ,care  
that the ,laws  be faithfully executed1 
and shall ,commission all the ,officers 
of the  ,united ,states4    ,section #d4

 ,the ,president1 ,vice ,president and  
all civil ,officers of the  ,united     
,states1 shall be removed from ,office  
on ,impeachment for1 and  ,conviction   
of1 ,treason1 ,bribery1 or other high   
,crimes and ,misdemeanors4    ,,article 
,,iii4    ,section #a4 ,the judicial    
,power of the ,united ,states shall be  
vested in one  supreme ,court1 and in   
such inferior ,courts as the ,congress  
may from time  to time ordain and       
establish4 ,the ,judges1 both of the    
supreme and inferior  ,courts1 shall    
hold their ,offices during good         
,behaviour1 and shall1 at  stated       
,times1 receive for their ,services1 a  
,compensation which shall not  be       
diminished during their ,continuance in 
,office4    ,section #b4 ,the judicial  
,power shall extend to all ,cases1 in   
,law and  ,equity1 arising under this   
,constitution1 the ,laws of the ,united 
,states1  and ,treaties made1 or which  
shall be made1 under their              
,authority2--to all  ,cases affecting   

,ambassadors1 other public ,ministers   
and ,consuls2--to all  ,cases of        
admiralty and maritime                  
,jurisdiction2--to ,controversies to    
which  the ,united ,states1 shall be a  
party2--to ,controversies between two or
 more  ,states2--between a ,state and   
,citizens of another ,state2--between   
,citizens of  different                 
,states2--between ,citizens of the same 
,state claiming ,lands under  ,grants of
 different ,states1 and between a       
,state1 or the ,citizens thereof1  and  
foreign ,states1 ,citizens or ,subjects4
    ,in all ,cases affecting            
,ambassadors1 other public ,ministers   
and ,consuls1  and those in which a     
,state shall be a ,party1 the supreme   
,court shall have  original             
,jurisdiction4 ,in all the other ,cases 
before mentioned1 the  supreme ,court   
shall have appellate ,jurisdiction1 both
 as to ,law and ,fact1  with such       
,exceptions1 and under such ,regulations
 as the ,congress shall  make4    ,the  

trial of all ,crimes1 except in ,cases  
of ,impeachment1 shall be by ,jury1  and
 such ,trial shall be held in the ,state
 where the said ,crimes shall have  been
 committed2 but when not committed      
within any ,state1 the ,trial shall  be 
at such ,place or ,places as the        
,congress may by ,law have directed4    
,section #c4 ,treason against the       
,united ,states1 shall consist only in  
levying ,war against them1 or in        
adhering to their ,enemies1 giving them 
,aid  and ,comfort4 ,no person shall be 
convicted of ,treason unless on the     
,testimony of two ,witnesses to the same
 overt ,act1 or on ,confession in open  
,court4    ,the ,congress shall have    
power to declare the ,punishment of     
,treason1 but no  ,attainder of ,treason
 shall work ,corruption of ,blood1 or   
,forfeiture except  during the ,life of 
the ,person attainted4    ,,article     
,,iv4    ,section #a4 ,full ,faith and  
,credit shall be given in each ,state to
 the  public ,acts1 ,records and        

judicial ,proceedings of every other    
,state4 ,and  the ,congress may by      
general ,laws prescribe the ,manner in  
which such ,acts1  ,records and         
,proceedings shall be proved1 and the   
,effect thereon4    ,section #b4 ,the   
,citizens of each ,state shall be       
entitled to all ,privileges  and        
,immunities of ,citizens in the several 
,states4    ,a ,person charged in any   
,state with ,treason1 ,felony1 or other 
,crime1 who  shall flee from ,justice1  
and be found in another ,state1 shall on
 demand of  the executive ,authority of 
the ,state from which he fled1 be       
delivered up1  to be removed to the     
,state having ,jurisdiction of the      
,crime4    ,no ,person held to ,service 
or ,labour in one ,state1 under the     
,laws thereof1  escaping into another1  
shall1 in ,consequence of any ,law or   
,regulation  therein1 be discharged from
 such service or ,labour1 but shall be  
delivered  up on ,claim of the ,party to
 whom such ,service or ,labour may be   

due4    ,section #h4 ,new ,states may be
 admitted by the ,congress into this    
,union2 but  no new ,state shall be     
formed or erected within the            
,jurisdiction of any  other ,state2 nor 
any ,state be formed by the ,junction of
 two or more  ,states1 or parts of      
,states1 without the ,consent of the    
,legislatures of the  ,states concerned 
as well as of the ,congress4    ,the    
,congress shall have ,power to dispose  
of and make all needful ,rules and      
,regulations respecting the ,territory  
or other property belonging to the      
,united ,states2 and nothing in this    
,constitution shall be so construed as  
to ,prejudice any ,claims of the ,united
 ,states1 or of any particular ,state4  
,section #d4 ,the ,united ,states shall 
guarantee to every ,state in this ,union
  a ,republican ,form of ,government1   
and shall protect each of them against  
invasion2 and on ,application of the    
,legislature1 or of the ,executive 7when
  the ,legislature cannot be convened7  

against domestic ,violence4    ,,article
 ,v4    ,the ,congress1 whenever two    
thirds of both ,houses shall deem it    
necessary1  shall propose ,amendments to
 this ,constitution1 or1 on the         
,application of  the ,legislatures of   
two thirds of the several ,states1 shall
 call a  ,convention for proposing      
,amendments1 which1 in either ,case1    
shall be valid  to all ,intents and     
,purposes1 as ,part of this             
,constitution1 when ratified  by the    
,legislatures of three-fourths of the   
several ,states1 or by  ,conventions in 
three-fourths thereof1 as the one or the
 other ,mode of  ,ratification may be   
proposed by the ,congress2 ,provided    
that no ,amendment  which may be made   
prior to the ,year ,one thousand eight  
hundred and eight  shall in any ,manner 
affect the first and fourth ,clauses in 
the ,ninth  ,section of the first       
,article2 and that no ,state1 without   
its ,consent1  shall be deprived of its 
equal ,suffrage in the ,senate4         

,,article ,,vi4    ,all ,debts          
contracted and ,engagements entered     
into1 before the ,adoption of  this     
,constitution1 shall be as valid against
 the ,united ,states under this         
,constitution1 as under the             
,confederation4    ,this ,constitution1 
and the ,laws of the ,united ,states    
which shall be made  in ,pursuance      
thereof2 and all ,treaties made1 or     
which shall be made1 under  the         
,authority of the ,united ,states1 shall
 be the supreme ,law of the ,land2  and 
the ,judges in every ,state shall be    
bound thereby1 any ,thing in the        
,constitution or ,laws of any ,state to 
the ,contrary notwithstanding4    ,the  
,senators and ,representatives before   
mentioned1 and the ,members of the      
several ,state ,legislatures1 and all   
executive and judicial ,officers1 both  
of the ,united ,states and of the       
several ,states1 shall be bound by ,oath
 or  ,affirmation1 to support this      
,constitution2 but no religious ,test   

shall  ever be required as a            
,qualification to any ,office or public 
,trust under  the ,united ,states4      
,,article ,,vii4    ,the ,ratification  
of the ,conventions of nine ,states     
shall be sufficient for  the            
,establishment of this ,constitution    
between the ,states so ratifying the    
,same4    ,,done in ,convention by the  
,unanimous ,consent of the ,states      
present the  ,seventeenth ,day of       
,september in the ,year of our ,lord one
 thousand seven  hundred and ,eighty    
seven1 and of the ,independence of the  
,united ,states of  ,america the        
,twelfth4 ,in ,witness whereof ,we have 
hereunto subscribed our  ,names1    ,go4
 ,washington    ,presidt4 and ,deputy   
from ,virginia            ,,articles    
,,in ,,addition ,,to1 ,,and ,,amendment 
,,of ,,the ,,constitution ,,of ,,the    
,,united  ,,states ,,of ,,america1      
,,proposed ,,by ,,congress1 ,,and       
,,ratified ,,by ,,the ,,legislatures    
,,of ,,the ,,several ,,states ,,pursuant

 ,,to ,,the ,,fifth ,,article ,,of ,,the
 ,,original  ,,constitution             
,,article ,i4    ,congress shall make no
 law respecting an establishment of     
religion1 or  prohibiting the free      
exercise thereof2 or abridging the      
freedom of speech1  or of the press2 or 
the right of the people peaceably to    
assemble1 and to  petition the          
,government for a redress of grievances4
    ,,article ,,ii4    ,a well regulated
 ,militia1 being necessary to the       
security of a free ,state1  the right of
 the people to keep and bear ,arms1     
shall not be infringed4    ,,article    
,,iii4    ,no ,soldier shall1 in time of
 peace1 be quartered in any house1      
without the  consent of the ,owner1 nor 
in time of war1 but in a manner to be   
prescribed  by law4    ,,article ,,iv4  
,the right of the people to be secure in
 their persons1 houses1 papers1 and     
effects1 against unreasonable searches  
and seizures1 shall not be  violated1   
and no ,warrants shall issue1 but upon  

probable cause1 supported  by ,oath or  
affirmation1 and particularly describing
 the place to be  searched1 and the     
persons or things to be seized4         
,,article ,v4    ,no person shall be    
held to answer for a capital1 or        
otherwise infamous  crime1 unless on a  
presentment or indictment of a ,grand   
,jury1 except in  cases arising in the  
land or naval forces1 or in the         
,militia1 when in  actual service in    
time of ,war or public danger2 nor shall
 any person be  subject for the same    
offence to be twice put in jeopardy of  
life or limb2  nor shall be compelled in
 any criminal case to be a witness      
against  himself1 nor be deprived of    
life1 liberty1 or property1 without due 
process of law2 nor shall private       
property be taken for public use1       
without just compensation4    ,,article 
,,vi4    ,in all criminal prosecutions1 
the accused shall enjoy the right to a  
speedy and public trial1 by an impartial
 jury1 of the ,state and district       

wherein the crime shall have been       
committed1 which district shall have    
been previously ascertained by law1 and 
to be informed of the nature and  cause 
of the accusation2 to be confronted with
 the witnesses against him2  to have    
compulsory process for obtaining        
witnesses in his favor1 and to  have the
 ,assistance of ,counsel for his        
defence4    ,,article ,,vii4    ,in     
suits at common law1 where the value in 
controversy shall exceed twenty         
dollars1 the right of trial by jury     
shall be preserved1 and no fact tried   
by a jury shall be otherwise re-examined
 in any ,court of the ,united  ,states1 
than according to the rules of the      
common law4    ,,article ,,viii4        
,excessive bail shall not be required1  
nor excessive fines imposed1 nor  cruel 
and unusual punishments inflicted4      
,,article ,,ix4    ,the enumeration in  
the ,constitution1 of certain rights1   
shall not be  construed to deny or      
disparage others retained by the people4

    ,,article ,x4    ,the powers not    
delegated to the ,united ,states by the 
,constitution1 nor  prohibited by it to 
the ,states1 are reserved to the ,states
 respectively1  or to the people4       
,,article ,,xi4    ,the ,judicial power 
of the ,united ,states shall not be     
construed to extend  to any suit in law 
or equity1 commenced or prosecuted      
against one of the  ,united ,states by  
,citizens of another ,state1 or by      
,citizens or ,subjects of  any ,foreign 
,state4    ,,article ,,xii4    ,the     
,electors shall meet in their respective
 states and vote by ballot for          
,president and ,vice-,president1 one of 
whom1 at least1 shall not be an         
inhabitant of the same state with       
themselves2 they shall name in their    
ballots the person voted for as         
,president1 and in distinct ballots the 
person voted for as ,vice-,president1   
and they shall make distinct lists of   
all persons voted for as ,president1 and
 of all persons voted for as            

,vice-,president1 and of the number of  
votes for each1 which lists they  shall 
sign and certify1 and transmit sealed to
 the seat of the government  of the     
,united ,states1 directed to the        
,president of the ,senate2--,the        
,president of the ,senate shall1 in     
presence of the ,senate and ,house of   
,representatives1 open all the          
certificates and the votes shall then be
  counted2--,the person having the      
greatest number of votes for ,president1
  shall be the ,president1 if such      
number be a majority of the whole number
  of ,electors appointed2 and if no     
person have such majority1 then from the
  persons having the highest numbers not
 exceeding three on the list of  those  
voted for as ,president1 the ,house of  
,representatives shall choose           
immediately1 by ballot1 the ,president4 
,but in choosing the ,president1 the    
votes shall be taken by states1 the     
representation from each state having   
one vote2 a quorum for this purpose     

shall consist of a member or members    
from two-thirds of the states1 and a    
majority of all the states shall be     
necessary to a choice4 ,and if the      
,house of ,representatives shall not    
choose a ,president whenever the right  
of choice shall devolve upon them1      
before the fourth day of ,march next    
following1 then the ,vice-,president    
shall act as ,president1 as in the case 
of the death or other  constitutional   
disability of the ,president4--,the     
person having the greatest  number of   
votes as ,vice-,president1 shall be the 
,vice-,president1 if such  number be a  
majority of the whole number of         
,electors appointed1 and if no  person  
have a majority1 then from the two      
highest numbers on the list1 the        
,senate shall choose the                
,vice-,president2 a quorum for the      
purpose shall  consist of two-thirds of 
the whole number of ,senators1 and a    
majority of  the whole number shall be  
necessary to a choice4 ,but no person   

constitutionally ineligible to the      
office of ,president shall be eligible  
to that of ,vice-,president of the      
,united ,states4    ,,article ,,xiii4   
,section #a4 ,neither slavery nor       
involuntary servitude1 except as a      
punishment for crime whereof the party  
shall have been duly convicted1  shall  
exist within the ,united ,states1 or any
 place subject to their  jurisdiction4  
,section #b4 ,congress shall have power 
to enforce this article by  appropriate 
legislation4    ,,article ,,xiv4        
,section #a4 ,all persons born or       
naturalized in the ,united ,states1 and 
subject to the jurisdiction thereof1 are
 citizens of the ,united ,states and  of
 the ,state wherein they reside4 ,no    
,state shall make or enforce any law    
which shall abridge the privileges or   
immunities of citizens of the ,united   
,states2 nor shall any ,state deprive   
any person of life1 liberty1 or         
property1 without due process of law2   
nor deny to any person within its       

jurisdiction the equal protection of the
 laws4    ,section #b4 ,representatives 
shall be apportioned among the several  
,states  according to their respective  
numbers1 counting the whole number of   
persons in each ,state1 excluding       
,indians not taxed4 ,but when the right 
to  vote at any election for the choice 
of electors for ,president and          
,vice-,president of the ,united ,states1
 ,representatives in ,congress1 the     
,executive and ,judicial officers of a  
,state1 or the members of the           
,legislature thereof1 is denied to any  
of the male inhabitants of such  ,state1
 being twenty-one years of age1 and     
citizens of the ,united ,states1  or in 
any way abridged1 except for            
participation in rebellion1 or other    
crime1 the basis of representation      
therein shall be reduced in the         
proportion which the number of such male
 citizens shall bear to the whole       
number of male citizens twenty-one years
 of age in such ,state4    ,section #c4 

,no person shall be a ,senator or       
,representative in ,congress1 or        
elector of ,president and               
,vice-,president1 or hold any office1   
civil or  military1 under the ,united   
,states1 or under any ,state1 who1      
having  previously taken an oath1 as a  
member of ,congress1 or as an officer of
 the  ,united ,states1 or as a member of
 any ,state ,legislature1 or as an      
executive  or judicial officer of any   
,state1 to support the ,constitution of 
the  ,united ,states1 shall have engaged
 in insurrection or rebellion against   
the  same1 or given aid or comfort to   
the enemies thereof4 ,but ,congress may1
 by  a vote of two-thirds of each       
,house1 remove such disability4         
,section #d4 ,the validity of the public
 debt of the ,united ,states1           
authorized by law1 including debts      
incurred for payment of pensions and    
bounties for services in suppressing    
insurrection or rebellion1 shall not  be
 questioned4 ,but neither the ,united   

,states nor any other ,state shall      
assume to pay any debt or obligation    
incurred in aid of insurrection or      
rebellion against the ,united ,states1  
or any claim for the loss or            
emancipation of any slave2 but all such 
debts1 obligations and claims  shall be 
held illegal and void4    ,section #e4  
,the ,congress shall have power to      
enforce1 by appropriate  legislation1   
the provisions of this article4         
,,article ,,xv    ,section #a4 ,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  race1 color1  
or previous condition of servitude4     
,section #b4 ,the ,congress shall have  
power to enforce this article by        
appropriate legislation4    ,,article   
,,xvi    ,the ,congress shall have power
 to lay and collect taxes on incomes1   
from  whatever source derived1 without  
apportionment among the several ,states1
  and without regard to any census or   

enumeration4    ,,article ,,xvii    ,the
 ,senate of the ,united ,states shall be
 composed of two ,senators from  each   
,state1 elected by the people thereof1  
for six years2 and each ,senator  shall 
have one vote4 ,the electors in each    
,state shall have the  qualifications   
requisite for electors of the most      
numerous branch of the  ,state          
legislatures4    ,when vacancies happen 
in the representation of any ,state in  
the ,senate1  the executive authority of
 such ,state shall issue writs of       
election to  fill such vacancies3       
,provided1 ,that the legislature of any 
,state may  empower the executive       
thereof to make temporary appointment   
until the  people fill the vacancies by 
election as the legislature may direct4 
,this amendment shall not be so         
construed as to affect the election or  
term  of any ,senator chosen before it  
becomes valid as part of the            
,constitution4    ,,article ,,xviii     
,section #a4 ,after one year from the   

ratification of this article the        
manufacture1 sale1 or transportation of 
intoxicating liquors within1 the        
importation thereof into1 or the        
exportation thereof from the ,united    
,states and all territory subject to the
 jurisdiction thereof for beverages     
purposes is hereby prohibited4          
,section #b4 ,the ,congress and the     
several ,states shall have concurrent   
power  to enforce this article by       
appropriate legislation4    ,section #c4
 ,this article shall be inoperative     
unless it shall have been  ratified as  
an amendment to the ,constitution by the
 legislatures of the  several ,states1  
as provided in the ,constitution1 within
 seven years from  the date of the      
submission hereof to the ,states by the 
,congress4    ,,article ,,xix    ,the   
right of citizens of the ,united ,states
 to vote shall not be denied or         
abridged by the ,united ,states or by   
any ,state on account of sex4           
,congress shall have power to enforce   

this article by appropriate             
legislation4              ,,footnotes   
#a ,boys and girls often do not realize 
the value of an education as a          
preparation for success in life4 ,the   
following figures from an               
educational authority show what         
education does for a boy or a girl4     
7a7 ,less than three per cent of the    
people of the ,united ,states have      
a college education1 but this three per 
cent furnishes fifty-nine        per    
cent of the men and women called        
successful4 ,fourteen per cent          
come from those having had some college 
training4 ,this shows that        nearly
 three-fourths of all men and women in  
the ,united ,states        called       
successful have had some college        
training4          7b7 ,during the past 
ten years ,massachusetts has given all  
her        children a minimum of seven  
years of schooling1 while ,tennessee has
        given her children but three    
years4 ,the ,massachusetts citizens     

produce per capita #bfj per year1 while 
the ,tennessee citizens        produce  
per capita #aaf per year4          7c7  
,of the fifty-five members attending the
 ,federal convention that        made   
the ,constitution of the ,united ,states
 in #aghg1 thirty had        attended   
college1 and twenty-six had college     
degrees4 ,of the forty        ,state    
officers in ,iowa in #aiah1 thirty were 
college graduates1 seven        were    
graduates of high schools1 and only     
three had less than a high        school
 education4          7d7 ,the child with
 no schooling has one chance in #aej1jjj
 of        performing distinguished     
services2 with elementary education he  
has        four times the chance2 with  
high school education he has            
eighty-seven times the chance2 with     
college education he has eight          
hundred times the chance4          7e7  
,every boy and every girl should stick  
to his school work until        he at   
least graduates from a fully accredited 

high school4        #b 8,law can do     
nothing without morals40--,benjamin     
,franklin4          8,through the whole 
of life and the whole system of duties1 
much the        strongest moral         
obligations are such as were never the  
results of        our option40--,edmund 
,burke4          8,to do evil that good 
may come of it1 is for the bungler in   
politics        as well as in           
morals40--,benjamin ,franklin4          
8,duty is not collective2 it is         
personal40--,calvin ,coolidge4        #c
 8,ignorance of the law excuses no      
man40--,selected4          8,knowledge  
is in every country the surest basis of 
public        happiness40--,george      
,washington4        #d 8,the thorough   
education of all classes of people is   
the most        efficacious means of    
promoting the prosperity of the ,nation4
 ,the        material interests of its  
citizens1 as well as their moral and    
intellectual culture1 depend upon its   
accomplishment40--,robert ,e4           

,lee4          8,in a ,republic         
education is indispensable4 ,a ,republic
 without        education is like the   
creature of imagination1 a human being  
without        a soul1 living and moving
 blindly1 with no just sense of the     
present        or the future40--,charles
 ,sumner4          8,without popular    
education1 no government which rests    
upon popular        action can long     
endure4 ,the people must be schooled in 
the        knowledge1 and if possible in
 the virtues1 upon which the            
maintenance and success of free         
institutions depend40--,woodrow         
,wilson4        #e 8,where the ,state   
has bestowed education1 the man who     
accepts it must        be content to    
accept it merely as charity1 unless he  
returns it to        the ,state in full 
in the shape of good                    
citizenship40--,theodore                
,roosevelt4        #f                   
8,government--,liberty--,authority--,law
--the man or the woman who        fails 

to appreciate the true meaning of these 
terms1 lacks the        training        
necessary to be a good citizen in a     
,republic40--,abraham        ,lincoln4  
8,we need more of the office desk and   
less of the show-window in              
politics4 ,let men in office substitute 
the midnight oil for the                
lime-light40--,calvin ,coolidge4        
#g 8,government is the aggregate of     
authorities which rule a society40      
8,government is that institution or     
aggregate of institutions by            
which society makes and carries out     
those rules of action which are         
necessary to enable men to live in a    
social state1 or which are              
imposed upon the people forming that    
society by those who possess        the 
power or authority of prescribing       
them40--,bouvier's ,law                 
,dictionary1 ,vol4 ,i1 p4 #hia4         
#h ,government is the organized means   
and power that a ,state or ,nation      
employs for the purpose of securing the 

rights of the people1 and of            
perpetuating its own existence4         
,the real aim and purpose is well stated
 in the preamble to our                 
,constitution when it says3 8to form a  
more perfect ,union1 establish          
,justice1 insure domestic ,tranquility1 
provide for the common        ,defence1 
promote the general ,welfare1 and secure
 the blessings of        ,liberty to    
ourselves and our ,posterity04          
,government can never rise higher than  
the ideals of the people who            
compose the government4 ,good           
governments are the products of good    
people4 ,good governments can only exist
 where the people are        intelligent
 and upright in character1 and where    
each citizen is        willing to guard 
the rights and privileges of others as  
well as        those of himself4        
8,this government of the people1 by the 
people1 and for the        people1 shall
 not perish from the earth40--,abraham  
,lincoln4        #i ,the object of      

government is to protect the citizens of
 a country and        to promote their  
general welfare1 and it is composed of  
the        officials who care for the   
public interests of the citizens4       
,under republican government1 the       
weakest citizen enjoys the same         
rights and privileges as do the         
strongest citizens1 the poorest have    
the same protection given to the        
richest1 the most humble man or         
woman has a chance to become the head of
 his or her government and        to    
lead the ,nation among the most powerful
 ,nations in the world4                 
8,brains and character rule the world4  
,there were scores of men a             
hundred years ago who had more intellect
 than ,washington4 ,he        outlives  
and overrides them all by the influence 
of his        character40--,wendell     
,phillips4          8,the true greatness
 of nations is in those qualities which 
constitute the greatness of the         
individual40--,charles ,sumner4         

#aj 8,there is always hope in a man that
 actually and honestly works4 ,in       
idleness alone is there perpetual       
despair40--,thomas ,carlyle4            
8,he that hath a trade hath an estate1  
and he that hath a calling        hath  
an office of profit and                 
honor40--,benjamin ,franklin4           
8,if you have the great talents1        
industry will improve them2 if          
moderate abilities1 industry will supply
 their deficiencies40--,joshua          
,reynolds4          8,other nations have
 received their laws from conquerors2   
some are        indebted for a          
constitution to the suffering of their  
ancestors        through revolving      
centuries4 ,the people of this country1 
alone1 have        formally and         
deliberately chosen a government for    
themselves1 and        with open and    
uninfluenced consent bound themselves   
into a social        compact4 ,here no  
man proclaims his birth or wealth as a  
title to        honorable distinction1  

or to sanctify ignorance and vice with  
the        name of hereditary authority4
 ,he who has most zeal and ability to   
promote public felicity1 let him be the 
servant of the public40--,john          
,adams4          8,the basis of our     
political system is the right of the    
people to        make or alter their    
constitution of government40--,george   
,washington4          8,let us then1    
fellow citizens1 unite with one heart   
and one mind and        labor for the   
welfare of the country40--,thomas       
,jefferson4          8,the ,declaration 
of ,independence and the ,constitution  
of the ,united        ,states are parts 
of one consistent whole1 founded upon   
one and the        same theory of       
government1--that the people are the    
only legitimate        source of power1 
and that all just powers of government  
are derived        from the consent of  
the governed40--,john ,quincy ,adams4   
#aa ,this description almost perfectly  
fits the making of the ,mayflower       

,compact in the cabin of the ship       
,mayflower on ,november #aa1 #afbj4     
,those ,pilgrim ,fathers drew up an     
agreement which was the first           
attempt at a written constitution in the
 ,new ,world4 ,the ,fundamental         
,orders of ,connecticut1 of #afch1 are  
generally conceded to be the            
oldest real constitution in ,america4   
#ab ,when ,jefferson wrote 8all men are 
created equal01 he did not mean         
that all infant children have equal     
capacities for learning or              
accomplishment1 but that all children   
ought to be given equal                 
opportunities by the government of a    
republic4 ,he meant that in a           
republic all children1 whether rich or  
poor1 whether of the        aristocracy 
or of the common people1 had great      
opportunities to be        good and     
great men and women4 ,he meant that a   
poor boy born in the        ,kentucky   
mountains and a rail splitter in the    
woods of ,illinois had        the       

opportunity to become ,president of the 
,united ,states4          8,the         
,declaration of ,independence was not a 
mere temporary expedient1        but is 
an enunciation of fundamental truths    
intended for all        time40--,william
 ,j4 ,bryan4          8,fourscore and   
seven years ago our fathers brought     
forth upon this        continent a new  
nation1 conceived in liberty1 and       
dedicated to the        proposition that
 all men are created equal40--,abraham  
,lincoln4          8,where slavery is1  
there liberty cannot be and where       
liberty is1        slavery cannot       
be40--,abraham ,lincoln4                
8,respect for its 7the government's7    
authority1 compliance with its          
laws1 acquiesence in its measures1 are  
duties enjoined by the                  
fundamental maxims of true              
,liberty40--,george ,washington4        
8,liberty--on its positive side1 denotes
 the fulness of individual              
existence2 on its negative side it      

denotes the necessary restraint         
on all1 which is needed to promote the  
greatest possible amount of             
liberty for each40--,bouvier's ,law     
,dictionary1 ,vol4 ,i4 p4 #bag4         
#ac 8,other nations have received their 
laws from conquerors2 some are          
indebted for a constitution to the      
sufferings of their ancestors           
through revolving centuries4 ,the people
 of this country1 alone have            
formally and deliberately chosen a      
government for themselves1 and          
with open and uninfluenced consent bound
 themselves into a social               
compact4 ,here no man proclaims his     
birth or wealth as a title to           
honorable distinction1 or to sanctify   
ignorance and vice with the        name 
of hereditary authority40--,john ,adams4
       #ad 8,liberty means freedom in   
the enjoyment of all one's faculties in 
all lawful ways1 the liberty to earn a  
livelihood by any lawful        calling1
 the liberty to live and work where one 

wills40--,allgeyer        vs4           
,louisiana1 #afe ,u4 ,s4 #egh4       #ae
 8,civil liberty is the liberty         
belonging to men in organized society4  
,it is liberty defined1 regulated and   
protected by positive law of        the 
,state or recognized as existing under  
customary        law40--,cyclopedia of  
,american ,government1 ,vol4 ,,ii1 p4   
#cdg4          ,the ,american people are
 a peculiar people4 ,they are peculiar  
in        their origin1 peculiar in     
their make-up1 and due to their         
sufferings1 their persecutions1 and     
their enduring perseverance1        they
 are still a peculiar people4 ,from the 
first white man to steer        his     
little wooden ship westward across the  
great ,atlantic ocean to        the     
latest arrival among the most recent    
immigrants1 the people        coming to 
,america have been different from those 
people remaining in        their        
,european homes4 ,the conditions        
surrounding the lives of those          

people in ,europe who left their homes  
and first settled in ,america           
were not materially different from the  
conditions surrounding the        lives 
of thousands of other people who were   
satisfied and content to        remain  
on their ,european shores4 ,many men    
thought the earth was        round long 
before ,christopher ,columbus sailed    
away from that little        seaport    
town in ,spain to test his own ideas of 
finding a shorter        route to       
,india4 ,many people believed in        
religious liberty long        before the
 ,pilgrims and ,puritans landed on the  
bleak ,new ,england        shores and   
suffered the hardships of first settlers
 in a new country        in order to    
worship ,god as they pleased4 ,many     
people seriously and                    
intelligently doubted the divine right  
of kings1 and believed in the           
rights of the people to govern          
themselves long before the ,american    
colonists adopted the ,declaration of   

,independence4 ,but it was left         
for these people--these coming          
,americans--to demonstrate to all the   
world that ,america was to be peopled by
 men and women of different             
ideals1 different hopes1 and different  
ambitions from all the other            
nations of the world4       #af ,a pure 
democracy would be that form of         
government in which all        people of
 the age of twenty-one years could      
actually take part in        making the 
laws and administering the government4  
,a country would        need be very    
small indeed1 if all the people above   
twenty-one        years of age could    
assemble in any one place and organize  
and        conduct a meeting in which   
all could take part in law-making4 ,no  
building would be large enough to       
accommodate all the people and          
even if all the people assembled out of 
doors1 the number would be        so    
large that those standing or sitting    
near the outer edge of the              

assembly would be so far from the       
speaker that they could not hear        
what he said when he spoke to them4 ,a  
pure democracy is a physical            
impossibility4 ,the nearest form of     
government to a pure democracy is       
a representative democracy1 or one in   
which groups of people choose        one
 or more persons to represent them4     
,then these representatives        make 
laws and carry on the government in the 
name of all the people        whom they 
represent4 ,therefore a democracy is    
that form of        government in which 
all people have equal opportunities1 and
 in        which all may take part in   
the government through their chosen     
representatives4          8,no matter   
how widely democracy may be extended1 if
 it is not        accompanied by a      
certain equality of opportunity among   
the members        of the political     
society1 it is not                      
democracy40--,cyclopedia of             
,american ,government1 ,vol4 ,i1 p4     

#efa4          8,democracy is that form 
of government in which the people rule4 
,the        basis of democracy is       
equality1 as that of the aristocracy is 
privilege40--,bouvier's ,law            
,dictionary1 ,vol4 ,i1 p4 #edj4         
8,the beginnings of democracy were best 
observed in the townships of        ,new
 ,england1 where the ,puritans from     
,england settled and organized          
towns which were centers of             
democracy40--,peter ,roberts4           
,in an absolute monarchy1 the ruler is  
supreme2 in a limited        monarchy1  
the parliament or congress sets a limit 
to the powers of        the ruler2 in a 
democracy1 the people rule4             
8,it is almost impossible that all the  
people will exactly agree on        any 
proposition1 either political or social4
 ,therefore the rule of                 
government in a democracy is1 that all  
the people shall accept and        obey 
those laws and regulations that are     
pleasing to the majority40              

8,the basis of our political system is  
the right of the people to        make  
or alter their constitution of          
government40--,george ,washington4      
8,no man is good enough to govern       
another man without that other          
man's consent40--,abraham ,lincoln4     
8,this country1 with all its            
institutions1 belongs to the people who 
inhabit it40--,abraham ,lincoln4        
8,i believe that the ,american people   
accept1 as one just definition        of
 democracy1 ,napoleon's phrase1 ',every 
career is open to                       
talent'40--,charles ,william ,eliot4    
,lincoln defined a democracy as 8,a     
government of the people1 by the        
people1 and for the people04       #ag  
8,a ,republic may be defined as a state 
in which the sovereign power            
rests in the people as a whole but is   
exercised by representatives            
chosen by a popular vote40--,cyclopedia 
of ,american ,government1 ,vol4         
,,iii1 p4 #ahh4          8,a ,republic1 

in the modern sense of the term1 is a   
government which        derives all its 
powers directly1 or indirectly1 from the
 great body        of the people1 i4 e4 
the majority--and is administered by    
persons        holding their offices for
 a limited period40--,cyclopedia of     
,american        ,government1 ,vol4     
,,iii1 p4 #ahh4          8,republican   
government is a government of the       
people2 a government        by          
representatives chosen by the           
people40--,bouvier's ,law               
,dictionary4          ,the ,constitution
 of the ,united ,states in ,art4 ,,iv1  
,sec4 #d guarantees        to every     
,state a republican form of government1 
but it does not        define what is   
republican government4 ,it is generally 
assumed that        if for any reason   
the representative government of a      
,state should be        destroyed or    
temporarily set aside1 it would be the  
duty of the        ,federal government1 
acting through the ,president as chief  

executive1        to use whatever force 
was necessary 7including the army and   
navy7 to        overcome such agency and
 to restore to the people of that ,state
 its        former representative       
government4          8,it is left to    
,congress to decide what constitutes a  
republican form        of government1   
and ,congress also has the right to say 
which        government in a state is   
the legal government4 ,this necessarily 
follows because before ,congress can    
decide whether the government is        
,republican it must decide which        
government is in force40--,luther vs4   
,borden1 #g ,howard #a4          8,it is
 ,congress and not the ,president who   
decides what is ,republican             
government in a state40--,martin vs4    
,mott1 #ab ,wheaton #ai4       #ah 8,it 
may well be contended that a republican 
form of government        necessarily   
involves the exercise of powers of      
government by        representative     
officers and bodies1 and the            

distribution of powers        of        
government among distinct and           
independent departments40--,mc,clain's  
,constitutional ,law1 p4 #aj4       #ai 
,initiative means the right of the      
people to initiate or commence          
the process of lawmaking4 ,it is done by
 circulating a petition        asking   
that a certain provision be enacted into
 law4 ,if the petition        receives  
the signatures of a certain percentage  
of qualified voters1        the         
legislature is required to enact the    
provision into law1 or        submit it 
to the voters to determine whether it   
shall become law4          ,referendum  
means that the qualified voters through 
the process of        balloting may     
determine whether a measure proposed    
either through        the action of the 
legislature1 or through the initiative1 
shall        become law4                
,recall is the method by which the      
qualified voters may remove an          
undesirable officer from office before  

the expiration of his term4        ,it  
is done through a petition requiring a  
certain percentage of        signers    
from among the qualified voters4 ,if the
 petition is        sufficient an       
election is called at which time the    
officer may        appear for           
continuation in office and others may   
appear as        candidates for that    
office4 ,the one receiving the largest  
vote is        duly chosen4       #bj   
,children who attend the public school  
are subject to the law as well        as
 are grown people who work in factories 
or on farms4 ,the teacher        must   
have rules and regulations governing the
 conduct of pupils in        school4    
,these are laws which the children must 
obey4 ,if a pupil        insists on     
disturbing other pupils or talking out  
loud--such may be a        violation of 
the rules governing a good school and   
the pupil may be        punished for    
such violation4       #ba ,law has been 
defined as3 8,the aggregate of those    

laws and principles        of conduct   
which the governing power in a community
 recognizes as        the rules and     
principles which it will enforce or     
sanction1 and        according to which 
it will regulate1 limit1 or protect the 
conduct        of its                   
members40--,bouvier's ,law ,dictionary1 
,vol4 ,,ii1 p4 #add4          8,law     
consists of the rules and methods by    
which society compels or                
restrains the actions of its members40  
,in the legal sense--,a law is a rule   
which the courts will enforce4          
,the courts will not enforce all rules1 
and therefore there are many            
rules which are not law in the legal    
sense4          8,law might be defined  
as the aggregate of those rules and     
principles promulgated by legislative   
authority or established by        local
 custom1 and our laws are the resultant 
derived from a        combination of the
 divine or moral laws1 the laws of      
nature and        human experience1 as  

such resultant has been evolved by human
        intellect1 influenced by the    
virtue of the ages40--,words and        
,phrases1 p4 #cc4          8,law has her
 seat in the bosom of ,god2 her voice in
 the harmony of        the              
world40--,hooker4          8,laws are   
the very bulwark of liberty4 ,they      
define every man's        rights1 and   
stand between and defend individual     
liberties of        all40--,j4 ,g4      
,holland4          8,laws exist in vain 
for those who do not have the courage   
and the        means to defend          
them40--,thomas ,b4 ,macauley4          
8,laws1 written1 if not on stone        
tablets1 yet on the azure of            
infinitude1 in the inner heart of ,god's
 creation1 certain as life1             
certain as death1 are they1 and thou    
shalt not disobey them40--,thomas       
,carlyle4          8,a rule of civil    
conduct prescribed by the supreme power 
in a        state40--,bouvier's ,law    
,dictionary4       #bb ,laws and rules  

are statements of what has been agreed  
upon as proper        conduct among     
persons who associate together4 ,a      
person living on a        lonely island 
in the ocean with no other person near  
would not need        law4 ,but as soon 
as two persons share the island and its 
fruits and        animals and plants1   
then certain rules need be set up for   
the        protection of each against   
the other4 ,where people are most       
closely        associated1 we need the  
greatest number of rules or laws4       
,people        living in large cities   
must more often need law than do those  
living        in rural districts4       
#bc ,a person may drive an automobile at
 twenty miles per hour on a             
country road with perfect safety1 but   
twenty miles per hour in a              
crowded city would be positively        
dangerous to people crossing the        
streets4 ,therefore the speed limit of  
five or perhaps ten miles per           
hour in cities4       #bd ,people have  

as much right to walk on the sidewalks  
of the town or        city as do other  
people to drive teams and wagons or     
automobiles on        the streets4 ,each
 must obey the traffic laws4 ,at        
crossings their        rights of passage
 conflict1 therefore each must be on the
 look-out        when crossing the      
street4 ,the law provides street        
crossings1        therefore footmen must
 not 8cut the crossings0 but go the     
directed        way4       #be ,when    
election time comes each year1 or every 
two years1 those who        are         
qualified to vote ought by all means    
give careful consideration        to the
 candidates for office and to the issues
 that constitute the        campaign4   
,it requires good men to make good laws4
 ,good men are only        chosen to    
office when good people interest        
themselves in the        candidates and 
attend the elections and cast           
intelligent votes4 ,good        laws are
 properly enforced only when good men   

are chosen to office4       #bf 8,a     
child1 an apprentice1 a pupil1 a        
mariner1 and a soldier owe              
respectively obedience to the lawful    
commands of the parent1 the             
master1 the teacher1 the captain of the 
ship1 and the military        officer   
having command3 and in case of          
disobedience submission may        be   
enforced by correction40--,bouvier's    
,law ,dictionary1 ,vol4 ,,ii1 p4        
#eca4          8,to obey is better than 
sacrifice40          8,children1 obey   
your parents in all things2 for this is 
well        pleasing unto the ,lord40   
8,servants1 obey in all things your     
masters according to the flesh2         
not with eye service1 as men pleasers2  
but in singleness of heart1             
fearing ,god40          8,masters1 give 
unto your servants that which is just   
and equal2        knowing that ye also  
must be obedient40--,quotations from    
,the ,bible4          8,the capacity of 
the people for self government1 and     

their        willingness1 444 to submit 
to all needful restraints1 and exactions
        of municipal law1 have been     
favorably exemplified in the history of 
the ,american ,states40--,martin ,van   
,buren4          8,let us have faith    
that right makes might and in that faith
 let us        to the end dare do our   
duty as we understand it40--,abraham    
,lincoln4          8,surely ,i do not   
misinterpret the spirit of the occasion 
when ,i        assume that the whole    
body of the people convenant with me    
today to        support and defend the  
,constitution and 444 to yield a willing
        obedience to all the laws1 and  
each to every other citizen his equal   
civil and political liberty40--,benj4   
,harrison4          8,patriotism calls  
for the faithful performance of all the 
duties of        citizenship in small   
matters as well as great1 at home as    
well as on        tented                
fields40--,william ,j4 ,bryan4       #bg
 ,we must see ourselves as we are1      

moving in our daily life1 guarded       
and safeguarded in every act by law4    
,every act in life is lawful or         
unlawful2 that is1 we are protected by  
the law in our every act1 or        we  
are condemned or punished4 ,here are two
 children on their way to        school1
 one walking upon the sidewalk1         
exercising a lawful right2        one   
riding his bicycle upon the sidewalk1   
performing an unlawful        act4 ,the 
one is an example of a careful          
law-abiding citizen1 the        other an
 example of a law-violator4       #bh   
,constitution of the ,united ,states1   
,art4 ,i1 ,sec4 #h1 ,cl4 #e4       #bi  
,created by an ,act of ,congress of     
,march #crd1 #aija4 ,it is a bureau of  
the ,department of ,commerce1 and is    
charged with comparing the              
standards used in scientific            
investigations1 commerce1 and           
educational institutions with standards 
adopted and recognized by        the    
government4       #cj ,the ,thirty-fifth

 ,general ,assembly of the ,state of    
,iowa provided for        a ,state      
,inspector of ,weights and ,measures    
whose duty is to travel        over the 
,state and investigate conditions among 
those who buy and        sell1 and to   
make arrests and prosecute those found  
defrauding        others by giving short
 weights or measures1 or who sell or    
offer for        sale spoiled foods1 or 
keep their shops or stores in an        
unsanitary        condition4       #ca  
,constitution of the ,united ,states1   
,art4 ,i1 ,sec4 #h1 ,cl4 #e4       #cb  
,revised ,statutes of the ,united       
,states1 ,sec4 #edac and following4     
#cc ,very few letters are ever lost in  
the mails4 ,the writer one time         
addressed a letter to a friend living in
 ,sydney1 ,australia4 ,it was           
mailed at ,iowa ,city1 ,iowa1 and was   
sent east4 ,that letter went by         
way of ,new ,york1 ,england1 ,france1   
,italy1 the ,suez ,canal1 and the       
,indian ,ocean to ,sydney1 ,australia4  

,the person to whom it was sent         
had1 in the meantime1 left ,sydney and  
the letter failed of delivery4          
,about three months after being first   
mailed it was returned to the           
writer whose return address was on the  
outside of the envelope4 ,in            
being returned it came by way of the    
,pacific ,ocean to ,san ,francisco      
and across the ,united ,states from the 
west4 ,the letter had encircled         
the globe and was returned safely to the
 original sender4 ,pretty        good   
work for the ,international ,mail       
,system4       #cd ,constitution of the 
,united ,states1 ,art4 ,i1 ,sec4 #h1    
,cl4 #g4       #ce ,there are four      
general theories as to the origin of the
 ,constitution        of the ,united    
,states3 7#a7 ,that it was an entirely  
new document4 ,this        theory was   
inspired by the statement of ,gladstone4
 ,people who heard        ,mr4          
,gladstone or read of his comment on the
 ,constitution        misinterpreted his

 saying and came to believe he meant    
that that        great ,constitution was
 the work of the moment as conceived by 
the        men in the convention at     
,philadelphia4 ,no one knew better than 
,mr4        ,gladstone himself that such
 was not true4 7#b7 ,that it was copied 
almost entirely after the ,english      
constitution of that time4 ,this        
was the theory of ,sir ,henry ,maine1   
and it was just as erroneous as         
was the common acceptance of            
,gladstone's statement4 ,there are many 
things in the ,constitution of the      
,united ,states that were not in the    
,english constitution of that time4 7#c7
 ,that it was based entirely        upon
 the experience of the colonists        
themselves4 ,this theory is also        
incorrect as the facts show that many   
fundamentals of the        ,constitution
 were copied directly from the          
governments of ,european                
countries4 7#d7 ,that it was due to all 
the above influences taken              

together1 but that they were worked out 
by the colonists and the                
,constitution makers in their many years
 of experience in making                
,constitutions for the ,states after    
their independence from ,england1       
and during the time of the              
,confederation4          ,a careful     
study of the debates in the convention  
at ,philadelphia        will reveal the 
fact that the different governments1    
institutions1        rulers1 and        
statesmen of ,europe were referred to in
 the making of        the ,constitution4
          ,during the discussions in the
 convention one hundred and thirty      
allusions were made to the government   
and institutions of ,england4           
,the allusions made to ,france numbered 
nineteen4 ,those made to the            
,german ,states were seventeen4 ,those  
made to ,holland were nineteen4         
,greece was referred to thirteen times2 
,switzerland was alluded to        five 
times2 and ,rome was alluded to sixteen 

times4          ,the ,english government
 and institutions were held up as a     
model to        be imitated fifty times2
 as an example to be avoided1           
twenty-four        times4 ,france was   
held up as a model three times1 and as a
 warning        five times4 ,rome was   
cited five times as a model and seven   
times as        a warning4              
,from the standpoint of training1       
experience1 and general                 
qualifications for constitution makers1 
the delegates who sat in the            
,federal convention at ,philadelphia    
were the most remarkable group of       
statesmen the world has ever seen4      
,sixty-five delegates were chosen1      
of whom fifty-five attended the         
convention and of these thirty-nine     
signed the ,constitution1 three were    
present but refused to sign1 and        
thirteen were absent on the last day4   
,of the fifty-five who sat in        the
 convention1 twenty-five were from      
northern ,states and thirty        from 

southern ,states4 ,of the thirty-nine   
signers1 nineteen were from        the  
,north and twenty from the ,south4      
,of the fifty-five men thirty were      
college men1 twenty-six had             
degrees1 forty-seven were afterwards    
prominent in public life2 of        the 
remaining eight1 at least four died soon
 after the close of the                 
convention4 ,the most noted men were3   
,washington1 ,franklin1 ,hamilton1      
,madison1 ,wilson1 ,patterson1 ,gerry1  
,sherman1 ,pinckney1 and ,randolph4     
,six men who signed the ,constitution   
had also signed the ,declaration        
of ,independence--,benjamin ,franklin1  
,james ,wilson1 ,robert ,morris1 and    
,george ,clymer of ,pennsylvania1 ,roger
 ,sherman of ,connecticut1 and          
,george ,read of                        
,delaware4--,meyerholz's ,the ,federal  
,convention4       #cf ,montesquieu1 a  
famous ,french writer of the eighteenth 
century1 tells        us that political 
liberty consists in the security one    

feels in        doing whatever the law  
permits4 ,however we must remember that 
the        laws themselves must likewise
 be sound4       #cg ,we must notice    
that ,article ,i of 8,the ,short        
,constitution0 commences1               
8,congress shall make no law0 etc41     
which means that these first            
eight amendments to the ,constitution of
 the ,united ,states apply only         
to the ,federal government1 and are     
limitations on the powers of            
,congress rather than on the powers of  
the ,states4 ,however most              
,states have similar provisions in their
 ,constitutions4       #ch ,article ,x  
is important because it tells in a few  
words the exact        relation of the  
,states to the ,federal government4     
#ci ,article ,v of the main body of the 
,constitution provides that when        
nine ,states should ratify the          
,constitution1 it should be established 
as the frame of government4 ,the first  
,state to ratify was ,delaware1         

,december #g1 #aghg2 the ninth ,state   
was ,new ,hampshire1 ,june #ba1 #aghh2  
and the last ,state was ,rhode ,island1 
,may #bi1 #agij4       #dj ,george      
,washington expressed the vast          
importance of this thought when         
he said3 8,the basis of our political   
system is the right of the        people
 to make or alter their constitution of 
government40          8,the             
,constitution is itself in every        
rational sense and to every             
useful purpose a bill of                
rights40--,alexander ,hamilton4         
8,much of the strength and efficiency of
 any government in procuring        and 
securing happiness to the people depends
 on opinion1 on the        general      
opinion of the goodness of the          
government1 as well as of the           
wisdom and integrity of its governors4  
,i hope1 therefore1 for our        own  
sakes1 as a part of the people and for  
the sake of our        posterity1 that  
we shall act heartily and unanimously in

        recommending this ,constitution 
wherever our influence may extend1      
and turn our future thoughts and        
endeavors to the means of having it     
well administered40--,benjamin          
,franklin4          8,in the fullness of
 time a ,republic rose up in the        
wilderness of        ,america4          
,thousands of years had passed away     
before this child of the        ages    
could be born4 ,from whatever there was 
of good in the systems        of former 
centuries1 she drew her nourishment2 the
 wrecks of the        past were her     
warnings4 ,the wisdom which had passed  
from ,india        through ,greece1 with
 what ,greece had added of her own1 the 
jurisprudence of ,rome1 the mediaeval   
municipalities1 the ,teutonic           
method of representation1 the political 
experience of ,england1 the             
benignant wisdom of the expositors of   
the law of nature and of        nations 
in ,france and ,holland1 all shed on her
 their selectest        influence4 ,out 

of all the discoveries of statesmen and 
sages1 out of        all the experience 
of past human life1 she compiled a      
perennial        political philosophy1  
the primordial principles of national   
ethics--she sought the vital elements of
 social forms and blended        them   
harmoniously in the free commonwealth   
which comes nearest to        the       
illustration of the natural equality of 
all men4 ,she entrusted        the      
guardianship of established rights to   
law2 the movement of        reform to   
the spirit of the people and drew her   
force from the happy                    
reconciliation of both40--,george       
,bancroft4          8,in spite of its   
supposed precision1 and its subjection  
to judicial        construction1 our    
constitution has always been indirectly 
made to        serve the turn of that   
sort of legislation which its friends   
call        progressive1 and its enemies
 call revolutionary1 quite as           
effectively as though ,congress had the 

omnipotence of parliament4        ,the  
theory of the latent powers to carry out
 those granted has been        found    
elastic enough to satisfy almost any    
party demands in time of        peace1  
to say nothing of its enormous          
extensions in time of        war40--,the
 ,nation1 ,november #g1 #ahgb1 ,no4     
#chd1 p4 #cjj4          8,our fathers by
 an almost divine prescience1 struck the
 golden        mean40--,pomeroy's ,an   
,introduction to the ,constitutional    
,history of        the ,united ,states1 
p4 #ajb4          8,it 7the ,united     
,states ,constitution7 ranks above every
 other written        ,constitution for 
the intrinsic excellence of its scheme1 
its        adaptation to the            
circumstances of the people1 the        
simplicity1        brevity and precision
 of its language1 its judicious mixture 
of        definition in principle with  
elasticity in details4 ,one is induced  
to ask1 to what causes1 over and above  
the capacity of its authors        and  

the patient toil they bestowed upon it1 
these merits are due1 or        in other
 words1 what were the materials at the  
command of the        ,philadelphia     
,convention for the achievement of so   
great an        enterprise as the       
creation of a nation by means of an     
instrument of        government4 ,the   
,american ,constitution is no exception 
to the rule        that everything which
 has power to win the obedience and     
respect of        men must have its     
roots deep in the past1 and that the    
more slowly        every institution has
 grown1 so much the more enduring it is 
likely        to prove4 ,there is little
 in this ,constitution that is          
absolutely        new4 ,there is much   
that is as old as ,magna                
,charta40--,james ,bryce1        author 
of ,the ,american ,commonwealth4        
8,let reverence for the law be breathed 
by every mother to the        lisping   
babe that prattles on her lap2 let it be
 taught in schools1        seminaries1  

and colleges2 let it be written in      
primers1 spelling        books and      
almanacs2 let it be preached from       
pulpits1 and proclaimed        in       
legislative halls1 and enforced in      
courts of justice2 let it        become 
the political religion of the           
nation40--,abraham ,lincoln4            
8,the ,constitution1 which may at first 
be confounded with the ,federal         
,constitutions which have preceded it1  
rests in truth upon a wholly            
novel theory--a great discovery in      
modern political science4 ,in all       
the ,confederations which have preceded 
the ,american ,constitution of          
#aghg1 the ,allied ,states 444 agreed to
 obey the injunctions of a              
federal government2 but they reserved to
 themselves the right of                
ordaining and enforcing the laws of the 
,union44440 7,the ,american             
government1 he explains1 claims directly
 the allegiance of every        citizen1
 and acts upon each directly through its

 own courts and        officers47 8,this
 difference has produced the most       
momentous                               
consequences40--,tocqueville's          
,democracy in ,america4          8,it   
will be the wonder and admiration of all
 future generations and        the model
 of all future constitutions40--,william
 ,pitt1 after reading        the        
,constitution of the ,united ,states4   
8,the ,constitution of the ,united      
,states is by far the most important    
production of its kind in human history4
 ,it created1 without        historic   
precedent1 a federal-national government
 ,it combined        national strength  
with individual liberty in a degree so  
remarkable        as to attract the     
world's admiration4 ,never before in the
 history of        man had a government 
struck so fine a balance between liberty
 and        union1 between state rights 
national sovereignty4 ,the world had    
labored for ages to solve this greatest 
of all governmental        problems1 but

 it had labored in vain4 ,greece in her 
mad clamor for        liberty had       
forgotten the need of the strength that 
union brings1        and she perished4  
,rome fostered union1 nationality1 for  
its        strength1 until it became a  
tyrant and strangled the child liberty4 
,it was left for our own ,revolutionary 
fathers to strike the balance           
between these opposing forces to join   
them in a perpetual wedlock in          
such a way as to secure the benefits of 
both4 ,they selected the best           
things that had been tried and proved4  
,hence their great success1        hence
 the fact that #acb years after its     
signing1 this same        ,constitution 
is still the supreme law of the land and
 more deeply        imbedded in the     
,american heart than ever40--,henry     
,william ,elson4          8,the         
,constitution is not an arbitrary1      
unchangeable document1 but        can be
 adapted to meet new conditions whenever
 the people decide4 ,it        should be

 upheld because under its wise          
provisions the ,united ,states          
has developed into a great nation of    
happy and prosperous people2            
because it contains sacred guarantees of
 protection for the        individual2  
and because it affords freedom and      
opportunity for every        citizen1   
whether native-born or naturalized4     
,american citizenship        securely   
rests upon its firm foundation40--,henry
 ,litchfield ,west4          8,the      
,federal ,constitution1 the whole of it1
 is nothing but a code of        the    
people's liberties1 political and civil4
 ,the ,constitution is not        a mass
 of rules1 but the very substance of our
 freedom1 not        obsolete2 but in   
every part alive2 more needful now than 
ever1 and        as fitted to our       
needs40--,stimson's ,the ,american      
,constitution4          8,no other      
country in the world possesses the      
guarantees of        individual liberty 
and inherent rights that are accorded by

 the        ,constitution of the ,united
 ,states40--,david ,jayne ,hill's ,the  
,people's        ,government4           
8,we need not view with apprehension or 
even regret the gradual                 
adaptation of the ,constitution to the  
ever-changing needs from                
generation to generation of the most    
progressive nation in the        world4 
,the ,constitution is not a static      
institution4 ,it is neither1        on  
the one hand1 a sandy beach1 which is   
quickly destroyed by the        erosion 
of the waves1 nor1 on the other hand1 is
 it a ,gibralter rock        which      
wholly resists the ceaseless washing of 
time and        circumstances4 ,its     
strength lies in its adaptability to    
slow and        progressive change4     
,while the necessity of change may be   
recognised        in the non-essentials1
 yet the ,constitution was based upon   
certain        fundamental principles   
which were not thus changeable4 ,these  
times        should not wither nor      

custom stale4 ,while the great compact  
apparently dealt only with very concrete
 and practical details of               
government in the very simplest         
language1 and carefully avoided         
anything that savored of visionary      
doctrinarism1 yet1 behind these         
simply but wonderfully phrased          
delegations of power1 was a broad and   
accurate political philosophy1 which    
constitutes the true doctrine        of 
,american ,government4 ,its principles  
are of eternal verity4 ,they        are 
founded upon the inalienable rights of  
man4 ,they are not the        thing of  
the day or temporary circumstance4 ,if  
they are destroyed1        then the     
spirit of our government is gone1 even  
if the form        survive40--,james ,m4
 ,beck4          8,the ,constitution    
remains the surest and safest foundation
 for a        free government that the  
wit of man has yet devised40--,nicholas 
,murray ,butler4          8,i believe   
there is no finer form of government    

than the one under        which we live1
 and that ,i ought to be willing to live
 or die1 as ,god        decrees1 that it
 may not perish from the earth through  
treachery        within or through      
assault without40--,thomas ,r4          
,marshall4          8,although not a    
citizen of your great country1 ,i am    
heart and soul        with you and your 
associates in the glorious fight you are
 making        for the preservation of  
your peerless ,constitution1 which has  
made        your country what it is1 and
 which is today the brightest hope of   
mankind40--,baron ,rosen1 formerly      
,russian ,ambassador to the ,united     
,states of ,america4          8,under   
the ,american ,constitution was realized
 the sublime conception        of a     
nation in which every citizen lives     
under two complete and                  
well-rounded systems of laws1--the state
 law and the federal law--each          
with its legislature1 its executive1 and
 its judiciary moving one        within 

the other1 noiselessly1 and without     
friction4 ,it was one of        the     
longest reaches of constructive         
statesmanship ever known in the         
world4 ,there never was anything quite  
like it before1 and in ,europe        it
 needs much explanation even for        
educated statesmen who have never       
seen its workings4 ,yet to ,america it  
has become so much a matter of          
course that they1 too1 sometimes need to
 be told how much it        signifies4  
,in #aghg it was the substitution of law
 for violence        between states that
 were partly sovereign4 ,in some future 
still        grander convention we trust
 the same thing will be done between    
states that have been wholly sovereign1 
whereby peace may gain and              
violence be diminished over other lands 
than this which has set the             
example40--,john ,fiske1 in #ahhh4      
#da ,the ,english government forced laws
 upon the colonies to restrict          
trade and manufactures1 to place a      

standing army in ,america1 and to       
raise taxes4 ,the tax laws were         
denounced as illegal by the             
colonists1 who argued that they were not
 represented in ,parliament4            
,read the charges made against the king 
and the government of ,england        in
 the ,declaration of ,independence4     
#db ,read the famous speech made by     
,james ,otis against the ,stamp ,act in 
the ,stamp ,act ,congress in ,new ,york1
 ,october1 #agfe4 ,see ,american        
,history ,leaflets4       #dc ,the      
following were the fundamental defects  
of the ,articles of                     
,confederation4          a4 ,they did   
not provide for a central executive1 and
 there was no        supreme executive  
to enforce the laws4          b4 ,no    
provision was made for a central        
judiciary1 and each ,state              
interpreted the ,federal laws as it saw 
fit4          c4 ,they permitted        
concurrent legislation on vital         
subjects3 i4 e4        each ,state could

 legislate as it pleased on such        
subjects as tariff1        foreign      
treaties1 currency1 etc4          d4    
,they permitted each ,state to regulate 
its own coinage and there        were at
 one time at least fourteen different   
kinds of coins in the        thirteen   
,states4 ,this greatly interfered with  
trade4          e4 ,they gave ,congress 
no power to enforce the observance of   
treaties4 ,congress could pass laws but 
could not enforce them4          f4     
,they gave ,congress no power to coerce 
a ,state--it could only        recommend
 to the ,states4          g4 ,they      
required a two-thirds vote on all       
questions in ,congress1 and        votes
 were cast by ,states4 ,most bills may  
pass the present ,congress        by a  
majority vote4          h4 ,congress    
could not reach the individual to punish
 him for crime        committed against 
the ,federal government1 except through 
the ,state        in which the crime was
 committed4 ,often the ,states refused  

to act4          i4 ,the ,articles could
 not be amended without the consent of  
all of        the ,states4 ,several     
times one ,state defeated the amendment 
of the        ,articles4       #dd ,the 
small ,states having only small areas   
and therefore less room for             
settlers1 were afraid of any form of    
union government which gave the         
,states proportional representation in  
,congress4 ,these small ,states         
declared they would not ratify the      
,articles of ,confederation until       
those ,states having large areas of     
western lands would agree to cede       
those lands to the ,federal government4 
,the seven ,states holding              
western lands agreed to cede their lands
 in ,january1 #agha1 and on             
,march #ast1 ,maryland as the last      
,state ratified the ,articles of        
,confederation4       #de ,the various  
,states chose a total of sixty-five     
delegates to attend        the ,federal 
convention at ,philadelphia4 ,of these1 

fifty-five        actually sat in the   
convention4 ,of the entire number1      
forty-two were        present on the    
last day and thirty-nine signed the     
,constitution4          ,of the         
fifty-five who sat in the convention1   
twenty-five were from        north of   
the ,mason and ,dixon ,line1 or from the
 northern ,states1 and        thirty    
were from the southern ,states4 ,of the 
thirty-nine signers1        nineteen    
were from the ,north and twenty from the
 ,south4 ,the three        who refused  
to sign were ,elbridge ,gerry of        
,massachusetts and ,edmund              
,randolph and ,george ,mason of         
,virginia4 ,these three men thought the 
,constitution gave too much power to the
 central government and did        not  
leave enough to the ,states4            
,eight of the men who signed the        
,constitution were of foreign birth4    
,they were ,alexander ,hamilton1        
,william ,patterson1 ,james ,wilson1    
,robert ,morris1 ,james ,mc,henry1      

,thomas ,fitzsimons1 ,william ,r4       
,davie1        and ,pierce ,butler4 ,you
 will notice that ,hamilton1 ,wilson1   
,patterson1        and ,morris were     
among the most influential men in the   
convention4        ,many of ,america's  
greatest men have been of foreign birth4
          ,the oldest man in the        
convention was ,benjamin ,franklin who  
was        eighty-one years of age4 ,the
 youngest man was ,jonathan ,dayton of  
,new        ,jersey who was only        
twenty-seven4 ,charles ,pinckney was    
twenty-nine        years old1 and       
,alexander ,hamilton was thirty4 ,the   
average age of the        entire        
membership in the convention was        
#dc-b_/e years4          ,the membership
 in the convention included a remarkable
 group of        men--in fact the most  
remarkable group of statesmen that ever 
assembled for the making of a           
constitution4 ,they had gained their    
experience in five different ways3      
colonial legislatures1 ,state           

legislatures1 ,state conventions1       
,continental ,congresses1 and in the    
,congress of the ,confederation4 ,six of
 them had the honor of having           
signed the ,declaration of              
,independence--,benjamin ,franklin1     
,james        ,wilson1 ,robert ,morris1 
,roger ,sherman1 ,george ,read1 and     
,george        ,clymer4 ,thirty         
delegates were college men and          
twenty-six had        degrees4       #df
 ,a careful study of the debates in the 
,federal convention will reveal         
the following allusions to the          
government and institutions of other    
countries4 ,a total of two hundred and  
twenty-three allusions were        made 
to the governments of ,europe1 the most 
important of which were        the      
following3 one hundred and thirty       
allusions were made to        ,england1 
of which fifty were commendatory1 and   
twenty-four were        warnings2       
nineteen allusions were made to ,france1
 of which five were        commendatory 

and three were warnings2 ,germany1 or   
rather the ,german        ,states1 had  
seventeen allusions2 ,holland had twenty
 allusions2        ,greece had          
twenty-five2 ,rome had twenty-six4 ,the 
two hundred and        twenty-three     
allusions were made in such way as to   
indicate that the        delegates were 
widely read in both government and      
history4       #dg ,the ,constitution in
 ,article ,,vii says1 8,the             
,ratification of the        ,conventions
 of nine ,states shall be sufficient for
 the ,establishment        of this      
,constitution between the ,states so    
ratifying the ,same40          ,the     
first ,state to ratify was ,delaware on 
,december #g1 #aghg4 ,new               
,hampshire1 the ninth ,state1 ratified  
on ,june #ba1 #aghh1 and ,rhode         
,island1 the last1 on ,may #bi1 #agij4  
#dh ,every right begets a duty4 ,the    
more rights our government gives us1    
the more duties are imposed upon each   
one of us4 ,in an absolute              

monarchy the people have very few rights
 and they also have very few            
duties to perform4 ,in democracies like 
the ,united ,states the people          
have a right to participate in          
government1 they also have the duty     
of becoming intelligent and becoming    
acquainted with the various             
details of the administration of        
government4 ,when people have a         
right to participate in government1 they
 have the duty of attending        every
 election and casting an intelligent    
ballot4 ,where people have        a     
right to make law1 they must accept the 
duty of helping enforce        law4     
,where people have freedom of religious 
belief and worship1 they        must    
refrain from interfering in the belief  
of other people4 ,where        they have
 freedom of speech and press1 they must 
protect other        people in that same
 right4 ,where people have the right of 
trial in a        legally constituted   
court of law1 they must refrain from mob

 rule or        from lynch law4 ,the    
greater the privileges given a people by
 law1        the greater are their      
duties to see that law is always        
respected and        carefully enforced4
       #di ,the government of the       
,united ,states is a dual government4   
,there is a        ,state government    
within each ,state1 which is supreme    
over the        affairs of that ,state  
alone4 ,then there is a ,federal        
government        which is supreme and  
sovereign throughout the entire ,united 
,states        in all those affairs     
which the ,federal ,constitution gives  
to the        control of the ,federal   
government4 ,the police power of a      
,state is        commonly defined as the
 power of a ,state to control all of its
        domestic internal affairs4 ,the 
,federal government is not permitted    
to interfere with the police powers of  
the ,states4       #ej 8,no state allows
 its government to dictate to any one   
what church he        shall attend or   

compels him to contribute to the support
 of any        church1 the establishment
 of state churches being everywhere     
forbidden4 ,no person is disqualified   
from holding office or        exercising
 legal rights because of his religious  
views1 although a        very few states
 make belief in the ,deity a requisite  
for holding        certain state        
offices40--,hart's ,actual ,american    
,government1 ,sec4        #ac4       #ea
 ,constitution of the ,united ,states1  
,amendment ,i4       #eb ,church and    
state are wholly separated in the       
,united ,states4 ,when a        man     
takes office1 no one asks him to what   
church he belongs1 or what        his   
faith is4 ,if a man wants to believe in 
the religions of ,india or              
,china1 no officer of the ,national     
government has a right to               
interfere with him1 providing he does   
not violate a law of the land4          
,religious tolerance is a growth4 ,the  
,puritans who founded ,new              

,england1 although they fled to ,america
 because of religious                   
persecutions1 did not practice religious
 tolerance in the ,new ,world4       #ec
 8,the witchcraft craze at ,salem1      
,massachusetts1 in #afib1 is commonly   
thought to have been the legitimate     
outgrowth of the gloomy religion        
of the ,puritans4 ,nineteen persons were
 hanged or burned at the stake          
for having bewitched children4 ,one was 
crushed to death under heavy            
weights because he would not confess    
that he was possessed of the            
devil4 ,from the time of ,king ,john    
down to #agab1 innocent lives were      
constantly sacrificed in ,england on    
this charge40--,thwaites's ,the         
,colonies1 p4 #aij4       #ed           
,constitution of the ,united ,states1   
,amendment ,i4       #ee ,the first ten 
amendments to the ,constitution of the  
,united ,states        are limitations  
on the powers of ,congress1 and these   
amendments do        not is any way     

limit the powers of the several ,states4
 ,it is a fact1        however1 that    
practically all the ,states have        
incorporated these        same          
amendments in their ,constitutions      
thereby placing the same                
limitations upon their legislatures4 ,a 
,state may change its                   
,constitution and thereby curtail       
freedom of speech and press as it       
may think necessary to protect its      
people1 and some of the ,states         
have enacted laws forbidding anarchists 
to hold public meetings or        to    
publish yellow journals in which they   
berate the government or                
instigate rebellion or sedition among   
the people4 ,but the ,federal           
government cannot pass any law abridging
 the freedom of speech or        press  
except such as may be enacted under the 
war powers of the        government when
 in actual war1 such as was enacted in  
the ,espionage        ,act of #aiag4    
#ef ,libel is defined as any statement  

printed1 or written1 or any             
picture or caricature that causes       
another person to be brought into       
hatred1 contempt1 or ridicule or to be  
shunned by his associates4              
,slander is any oral statement that     
causes another person to be             
brought into hatred1 contempt1 or       
ridicule1 or to be shunned by his       
associates4 ,in order to constitute     
either slander or libel the             
statement or utterance must be          
communicated to a third party4          
8,the right of citizens to petition the 
government to remove abuse        was   
won in ,europe only after many hard     
conflicts4 ,it is not conceded        in
 some ,european governments today1 and  
men in those countries who        lead  
in reforms and advocate democratic      
measures are often thrown        into   
prison1 banished1 or exiled4 ,this      
amendment to the ,constitution          
was inserted to guard against the       
tyranny of officers1 who might          

abuse the authority conferred upon them 
by the people40       #eg ,constitution 
of the ,united ,states1 #ast ,amendment4
          8,the right of assembly is    
coupled with the guaranty of the right  
to        petition the government for a 
redress of grievances2 but it is not    
to be understood as limited to that     
object4 ,without doubt                  
assemblages for social1 political or    
religious purposes are        protected 
by such against legislative prohibition 
unless attended        with             
circumstances rendering the exercise of 
the right inimical to        public     
peace1 security or welfare40--,emlin    
,mc,clain1 quoted in the                
,cyclopedia of ,american ,government1   
,vol4 ,i1 p4 #he4          8,the right  
to assemble may be restricted so far as 
necessary to        prevent its being   
exercised to promote unlawful purposes  
or in such        manner as to result in
 public inconvenience40--,cyclopedia of 
,american ,government1 ,vol4 ,i1 p4 #he4

          8,the provision to the        
amendment to the ,federal ,constitution 
is a        limitation only on the      
powers of the ,federal ,government and  
does not        apply to the several    
states4 ,the states have largely copied 
the same        provision into their    
constitutions40          8,the right of 
petition is important as recognizing a  
lawful occasion        for the assembly 
of the people and in connection with the
 guaranty        of freedom of speech   
and the press4 ,the subject matter of a 
petition        cannot be made the basis
 for a prosecution for public or private
        libel if it is kept within the  
limits of the privilege                 
accorded40--,cyclopedia of ,american    
,government1 ,vol4 ,,ii1 p4 #fge4       
8,through the right of petition the     
people have a means of informing        
their lawmakers of their wishes and of  
guiding public opinion40          8,the 
rules of the national ,house of         
,representatives provide that           

members having petitions to present may 
deliver them to the clerk        and the
 petition1 except such as1 in the       
judgment of the speaker1        are of  
an obscene or insulting character1 shall
 be entered upon the                    
journal40--,emlin ,mc,clain1 quoted in  
the ,cyclopedia of ,american            
,government1 ,vol4 ,,ii1 p4 #fge4       
#eh ,constitution of the ,united        
,states1 ,amendment ,,ii4               
8,this right to keep and bear arms1     
although stated in connection           
with the militia1 is held broad enough  
to cover the keeping and        carrying
 of such weapons as are suitable for    
self-defense1 or        defense of the  
home4 ,but the keeping of unusual       
weapons1 or the        carrying of      
unusual weapons in an unusual manner1 as
 by having them        concealed on the 
person1 may be prohibited40--,bouvier's 
,law        ,dictionary1 ,vol4 ,i1 p4   
#afe4          8,this amendment1 like   
the other eight amendments to the       

,federal        ,constitution1 does not 
apply to the ,states1 and a ,state may  
legislate as it pleases regarding the   
carrying and using of arms4        ,many
 states prevent the carrying of arms of 
any kind except with        legal       
permission given through the proper     
officer for stated        specific      
reasons40          8,the amendment means
 no more than that this right shall not 
be        infringed by ,congress4       
,police protection of the people is left
 to        the ,states40       #ei ,one 
of the grievances of the colonists      
stated in the ,declaration of           
,independence was the quartering of     
large bodies of armed troops in         
the colonies1 but the guaranty found in 
the ,federal ,constitution and        in
 many ,state ,constitutions is that     
soldiers shall not in times of          
peace be quartered upon private persons4
 ,this guaranty has respect        to   
the recognition of the right of every   
man not to be unwarrantably             

disturbed or intruded upon in his home4 
8,every man's house is his              
castle40       #fj ,constitution of the 
,united ,states1 ,amendment ,,iv4       
8,one of the most serious grievances of 
the colonists was1 the        assertion 
and exercise of a prerogative of the    
crown to issue        warrants for      
searching private premises in order to  
obtain evidence        of political     
offenses4 ,this had been the subject of 
controversy in        ,england and was  
made the basis of a protest in          
,massachusetts by        ,james ,otis   
against the ,writs of ,assistance which 
were in effect1        general          
warrants40--,cyclopedia of ,american    
,government1 ,vol4 ,,iii1 p4            
#fed4          8,the privilege contended
 for was that the privacy of the        
dwelling        house should not be     
invaded by public officers without the  
consent        of the owner save for the
 purpose of making an arrest1 and then  
only        by an officer of the        

law--who carried a warrant giving him   
such        authority40--,emlin         
,mc,clain1 quoted in the ,cyclopedia of 
,american        ,government1 ,vol4     
,,iii1 p4 #fed4          ,the protection
 afforded by the constitutional         
provision is against        attempts    
made under the disguise of public       
process to pry into        private      
affairs on mere suspicion that a crime  
has been committed or                   
contemplated4          ,the principle of
 this guaranty is being violated if the 
postal        authorities open sealed   
letters in the mail to discover whether 
improper use of the mail is being made4 
,it is also violated by                 
compelling the production of private    
papers of the defendant in a            
criminal prosecution4          ,a       
warrant is not always necessary to      
arrest an individual4 ,for              
example1 a police officer does not need 
a warrant in order to arrest        a   
person who is violating a law in his    

presence1 or a person whom he        has
 good reason to think has committed a   
felony4--,cyclopedia of        ,american
 ,government1 ,vol4 ,,iii1 p4 #fee4     
#fa ,constitution of the ,united        
,states1 ,amendment ,v4          8,a    
capital crime is such crime as the law  
declares punishable by        death     
penalty40--,bouvier's ,law ,dictionary1 
,vol ,i1 p4 #bhd4          8,an infamous
 crime is such crime as the law declares
 punishable by        imprisonment in a 
state prison40          ,a grand jury1  
or an indictment1 or a presentment jury1
 or an inquest        jury1 is a jury   
7differing as to numbers in different   
,states7 for        the purpose of      
investigating alleged crimes4 ,if1 upon 
investigation1        the jury believes 
the accused person has either committed 
the act or        has had a part in the 
crime1 it will draw up a formal         
accusation in        writing4 ,this     
accusation is called an indictment and  
is presented to        the court4 ,in a 

few ,states a person may be brought to  
trial for        violation of a law of  
the ,state upon information filed by the
        prosecuting attorney4           
,a petit jury1 or trial jury1 is a jury 
of twelve men selected by        the    
court--according to a law determining   
the manner--to hear the                 
accusation against the person charged   
along with the evidence        submitted
 during the trial in court4 ,after      
hearing the evidence and                
receiving from the judge instructions   
concerning the law governing        the 
case1 the jury will determine whether   
the accused person is        guilty or  
not4 ,the ,federal government1 and most 
of the ,states1        require a        
unanimous verdict4 ,if the jury         
disagrees they report such        to the
 court 7the judge7 and they are         
dismissed and the case may be           
tried again with a different jury4      
8,constitutional guaranties of the right
 of trial for crime only on             

indictment by a grand jury1 imply a     
common law grand jury of whose          
number at least twelve men concur in    
finding the indictment1 but by          
provision in state constitutions a      
smaller number of grand jurors          
than required by common law and         
concurrence of a smaller number than    
twelve in the finding of an indictment  
may be authorized40          8,a grand  
jury affords a safeguard against the    
unwarranted ignominy        of being put
 on public trial for an offense which   
there is no        reasonable ground to 
believe the accused has committed40     
8,the grand jury is to investigate the  
cases of those who have been            
arrested and held under preliminary     
information on oath by private          
accusers2 and it may also investigate   
cases of supposed crime of        which 
it has knowledge or to which its        
attention may be called by        the   
public prosecuting officer4 ,its        
proceedings are secret and its          

members are sworn not to subsequently   
divulge them40--,mc,clain's             
,constitutional ,law4       #fb         
,constitution of the ,united ,states1   
,amendment ,v4          8,the rule of   
procedure generally recognized is that  
when an accused        person has been  
put on trial under a valid indictment in
 a court        having jurisdiction of  
the case1 and a jury has been empaneled 
and        sworn to try the case and    
give a verdict1 and a verdict of not    
guilty is given--the accused cannot be  
again put on trial for the        same  
crime1 or any included crime for which  
he might have been        convicted in  
that prosecution40--,cyclopedia of      
,american ,government1        ,vol4     
,,ii1 p4 #bea4          8,a verdict of  
not guilty is conclusive and the        
defendant must be        discharged4 ,if
 however he is convicted1 he may in some
 instances        appeal the case to a  
higher court for review and that is not 
being        again put in               

jeopardy40--,emlin ,mc,clain1 quoted in 
the ,cyclopedia of        ,american     
,government1 ,vol ,,ii1 p4 #bea4        
8,jeopardy is complete when the court   
proceeds with a jury to        ascertain
 the defendant's guilt40          8,as  
the criminal jurisdiction of the        
,federal ,court extends only to         
offenses against the ,federal laws1 and 
no prosecution for such        offenses 
can be entertained in the state         
courts--it follows that        there can
 be no questions of former jeopardy as  
between a federal        and a state    
court40--,cyclopedia of ,american       
,government1 ,vol ,,ii1 p4        #bea4 
#fc ,constitution of the ,united        
,states1 ,amendment ,v4          ,in our
 own early colonies persons were        
frequently tortured to compel           
them to give evidence against themselves
 or against other people1        but at 
that time the colonies were still under 
,british authority4          ,an        
instance was recently reported of a man 

appearing before a        sheriff and   
confessing to the commission of five    
different murders        in as many     
different places in a western ,state4   
,upon investigation        it was found 
that murders had been committed in these
 places about        the time he        
confessed to having committed the       
crimes1 so he was        arrested and   
held by the sheriff4 ,upon further      
investigation it was        discovered  
that he was mentally unbalanced and     
having read of all        these crimes  
he imagined he had committed them4 ,he  
was released from        arrest and was 
committed to a hospital for the insane4 
,in this        instance an innocent man
 might have been executed if his own    
testimony had been sufficient to convict
 him4          ,if a person confesses to
 having committed a crime and the facts 
as        stated are found to be        
correct1 he may then be convicted of the
        crime1 but the conviction is    
made on the basis of the evidence       

disclosed by his confession and not on  
the confession itself4 ,having          
made a confession the officers may then 
from the facts told by the              
accused find other facts sufficient to  
convict without offering the            
confession in evidence4          8,a    
confession is not admissible in evidence
 where it is obtained by        temporal
 inducement1 by threats1 promise or hope
 of favor held out        to the party  
in respect of his escape from the charge
 against him1        by a person in     
authority40--,bouvier's ,law            
,dictionary1 ,vol4 ,i1 p4        #chg4  
8,when an inducement destroys a         
confession it must be held out by a     
person in authority40       #fd         
,constitution of the ,united ,states1   
,amendment ,v4          ,this is a part 
of the fifth amendment to the ,federal  
,constitution1        and the fourteenth
 is an expansion of it1 and assumes that
 the man        charged with the crime  
is innocent until proven guilty4 ,the   

old        standard set in ,europe was  
that a person charged with crime was    
considered guilty until he was proven   
innocent4 ,all citizens1        whether 
native or foreign born1 have the        
protection of this                      
amendment4--,bouvier's ,law ,dictionary1
 ,vol4 ,i1 p4 #fbb4          ,previous  
to #afgi in ,england an accused person  
could be detained in        prison for  
months or even for years and had no     
recourse to the        courts1 but might
 be thus detained in prison upon a mere 
charge        brought by some one       
jealous of him and without real reason4 
,in that        year the people demanded
 that ,parliament should give relief    
against        unjust or false          
imprisonment1 and ,parliament enacted   
the ,habeas        ,corpus ,act4 ,the   
provisions of this notable act require  
that a person        imprisoned may     
demand a preliminary hearing and learn  
the cause of        his being seized and
 imprisoned4 ,either he or his friends  

or        relatives could go before a   
judge of a court and demand a writ of   
habeas corpus4 ,such writ was issued by 
a judge and directed to the             
jailer or the person detaining the      
accused and he was compelled to         
bring the accused person before the     
court and show legal reason why         
that person should be detained4 ,if no  
such cause or reason could be           
given1 the accused person must be set at
 liberty4 ,the guaranty of        the   
right to a writ of habeas corpus under  
our ,constitution is        considered  
hereafter4 ,see page #add4          ,due
 process of law may be defined as       
8according to the law of the            
place in which the trial is held04 ,it  
means in this instance that no          
person may be deprived of life1 liberty1
 or property without the        right of
 judicial trial4 ,due process of law    
does not necessarily        mean jury   
trial4 ,if a jury trial is the legally  
recognized method        of trying such 

case1 then jury trial is due process1   
but if trial        without a jury is   
legally provided for when permitted by  
the        ,constitution1 in that       
instance1 due process does not require  
jury        trial4 ,for cases in which  
the right of trial by jury is guaranteed
        see pages #aaa1 #abe1 and #afj4 
8,in a word1 #8due process of law'      
to-day signifies #8reasonable law'1     
in which sense it bestows upon the      
courts1 and especially upon the         
,federal ,courts1 as final interpreter  
of the national constitution1 a         
practically undefined range of          
supervision over legislation both       
state and national40--,cyclopedia of    
,american ,government1 ,vol4 ,i1 p4     
#fae4          8,due process of law1 is 
law in its regular course of            
administration        through courts of 
justice40--,story's ,commentaries1 ,vol4
 ,,iii1 pp4        #bfd1 #ffa2--ah      
,howard #bgb4          8,any legal      
proceeding enforced by public authority1

 whether        sanctioned by age or    
custom1 or newly devised in the         
discretion of        the legislative    
power1 in furtherance of the general    
public good1        which regards and   
preserves these principles of liberty   
and        justice40--#aaj ,u4 ,s4 #eaf4
          8,due process of law in each  
particular case means1 such an exercise 
of the powers of government as the      
settled maxims of the law permit        
and sanction1 and under such safeguards 
for the protection of the               
individual rights as those maxims       
prescribe for the class of cases        
to which the one in question            
belongs40--,cooley's ,constitutional    
,limitations1 p4 #dda4          8,this  
provision does not imply that all trials
 in state courts        affecting the   
property of persons must be by jury40   
,this depends to        some extent upon
 the constitution of the respective     
states1 except        as limited by the 
,united ,states ,constitution4--#ib ,u4 

,s4 #ij4       #fe ,constitution of the 
,united ,states1 ,amendment ,v4         
,eminent domain means the right and     
authority of the government to          
take private property for public        
purposes upon the payment of a just     
compensation4          8,the superior   
right existing in a sovereign government
 by which        private property may in
 certain cases be taken or its use      
controlled        for the public        
benefit1 without regard to the wishes of
 the        owner40--,bouvier's ,law    
,dictionary1 ,vol4 ,i1 p4 #feg4         
8,eminent domain is said with more      
precision to be the right of the        
nation or the state1 or of those to whom
 the power has been lawfully            
delegated1 to condemn private property  
to public use1 upon paying to        the
 owner a due compensation1 to be        
ascertained according to                
law40--,bouvier's ,law ,dictionary1     
,vol4 ,i1 p4 #fea4          ,just       
compensation is generally arrived at by 

those whose duty it is        to secure 
the land for the government1 by offering
 a good fair price        for the land4 
,if the owner of the land refuses to    
accept the offer1        the land may be
 seized by the proper authority and the 
matter        settled according to law4 
,the law generally provides that a body 
of        appraisers be appointed who   
appraise the value of the land and this 
amount is offered to the owner4 ,if he  
refuses1 the matter is carried        to
 the court for determination4 ,a jury is
 summoned to assess the        value of 
the land and from this the owner may    
usually appeal1 but        the          
government cannot appeal2 it must pay   
the appraised valuation or        allow 
the owner to keep his property4 ,it must
 be remembered that        private      
property may only be taken by the       
government for public        purposes4  
,some purposes for which the government 
may take private property        are3   
forts and arsenals1 army posts1 or      

public parks4 ,it may take        food  
supplies for use of the army or navy in 
time of war4 ,it may        take over   
the railroads for the benefit of the    
people of the ,nation1        etc4 ,in  
all cases it must give just             
compensation4       #ff ,constitution of
 the ,united ,states1 ,amendment ,,vi4  
8,a speedy trial is1 it appears1 one    
that is brought on without              
unreasonable delay for preparation2 and 
a public trial is not        necessarily
 one to which every one may obtain      
admission but one        sufficiently   
free and open to allow the friends of   
the accessed and        others to watch 
the proceedings40--,emlin ,mc,clain1    
quoted in the        ,cyclopedia of     
,american ,government4                  
8,criminal prosecution is the means     
adopted to bring a supposed             
offender to justice and punishment by   
due course of law40          8,the      
speedy trial to which a person charged  
with crime is entitled        under the 

constitution is a trial at such a time1 
after the finding        of the         
indictment1 as shall afford the         
prosecution a reasonable                
opportunity1 by the fair and honest     
exercise of reasonable        diligence1
 to prepare for trial1 and if the trial 
is delayed or        postponed beyond   
such period1 when there is a term of    
court at which        the trial might be
 had1 by reason of neglect of the       
prosecution in        preparing for     
trial1 such delay is a denial to the    
defendant of the        right of a      
speedy trial1 and in such case a person 
confined1 upon        application by    
habeas corpus1 is entitled to a         
discharge from                          
custody40--,bouvier's ,law ,dictionary1 
,vol4 ,,ii1 p4 #ajbc4          ,every   
jury is sworn to decide according to the
 evidence presented1        guided by   
instructions in the law given by the    
judge4 ,juries are        therefore held
 to be impartial4          ,the entire  

,united ,states is divided into judicial
 districts1 of        which there are   
about ninety-two4 ,these districts are  
found within        the ,states as      
judicial districts do not cut ,state    
boundaries4 ,where        the population
 is more sparse a ,federal district     
comprises an entire        ,state4      
,where the population is more dense a   
,state may contain two or        more   
districts4 ,there are four ,united      
,states ,district ,court                
districts in the ,state of ,new ,york1  
two in ,iowa1 and only one in           
,nevada1 and some other western ,states4
          ,congress may by legislative  
act lay out ,federal court districts4   
,these districts were first established 
in the ,federal ,judiciary ,act         
of #aghi4 ,as the population increases  
,congress may increase the        number
 of districts4       #fg ,constitution  
of the ,united ,states1 ,amendment ,,vi4
          ,if one is not given a        
preliminary hearing shortly after his   

arrest1        the right to a writ of   
habeas corpus 7defined in another       
chapter71        gives the accused an   
opportunity to know the exact nature of 
the        charge against him and why he
 is held or detained in prison4 ,then he
        is faced by his accusers in     
court and bears the charge against him4 
,in all criminal cases the accused is   
privileged to be present                
throughout the entire trial1 in fact he 
is required to be present        during 
the trial4          ,in early ,england1 
and in many other ,european countries in
 early        times1 the accused person 
was not even permitted to know the      
reason        for his imprisonment1 and 
furthermore was tried in court and found
        guilty without hearing the      
evidence or knowing who testified in    
court4          ,the right of trial upon
 indictment of a grand jury1 and the    
privilege of confronting one's accusers 
in court1 having witnesses        in    
one's behalf1 and having an attorney to 

defend one accused1 is        not yet   
allowed in certain parts of ,russia and 
perhaps other        countries in       
,europe and ,asia4 ,these privileges    
have been the        recognized right of
 all people in the ,united ,states since
 our        glorious ,constitution was  
adopted and became the fundamental law  
of        our country in #aghi4         
,teachers of civics in our schools ought
 to ask permission of the        judge  
to take their classes to visit a session
 of the court4 ,the        judge is able
 to inform the teacher as to when       
certain cases of most        value to   
pupils and other persons are to be      
tried4 ,the trial of        certain     
kinds of cases brings out many          
fundamental facts of rights        and  
duties of citizenship that boys and     
girls1 as well as many adult            
persons1 ought to know4          8,the  
accused is of all men the most          
miserable1 unless the law gives         
him an equal chance to defend himself4  

,time was when the courts        could  
hear privately the witnesses against the
 prisoner1 and then        call him into
 court to answer charges1 which he never
 had heard of1        made upon the     
testimony of witnesses he never had     
seen1 without any        legal means of 
compelling his own witnesses to come to 
court to        testify for him and     
without any lawyer to speak for him     
against the        trained counsel for  
the government4 ,many of these abuses   
had been        weeded out before the   
,constitution was adopted40--,bacon's   
,american        ,plan of ,government1  
p4 #bgb4          8,almost all the      
reform needed to make criminal procedure
 humane and        just1 has been       
incorporated into the constitutions and 
laws of the        states during the    
first era of independence2 but the      
people of the        ,united ,states bad
 no such safeguards40--,bacon's         
,american ,plan of        ,government1  
p4 #bgc4          8,the charge to be    

answered by the defendant on trial in a 
criminal        court must be clear1    
explicit1 and definite4 ,the prosecution
 has no        right to compel the      
accused to show that he is a good member
 of        society40--#g ,peters ,rep4  
#ach4       #fh ,constitution of the    
,united ,states1 ,amendment ,,vi4       
8,in judicial procedure a witness is one
 who is duly called upon to             
testify under oath as to matters within 
his knowledge4 ,by rules of             
procedure some persons are disqualified 
from testifying on account        of    
want of mental capacity as1 for         
instance1 idiots1 insane persons1       
and infants who have not attained the   
age of discretion4 ,others who          
are qualified to testify may be of such 
character that their        testimony is
 not entitled to the weight which should
 be given to        some other witness4 
,furthermore1 a witness may be so       
related to the        subject matter or 
to the parties as that in the particular

 case his        testimony should not be
 received1 or should be received under  
limitations as to its credibility and   
weight4 ,and finally the                
competency of testimony offered is      
regulated by rules of evidence          
fixed by law40          8,under         
constitutional guaranties of religious  
freedom1 the religious        belief of 
a witness cannot be made a ground for   
his disqualification        to testify40
          8,as to criminal prosecution1 
it is usually provided in state         
constitutions as it is in the ,fifth and
 ,sixth ,amendments to the              
,federal ,constitution that the accused 
shall not be compelled to be a          
witness against himself and that he has 
a right to be confronted        with the
 witnesses against him and to have      
compulsory process for        obtaining 
witnesses in his favor4 ,these are      
privileges which the        accused may 
waive40--,emlin ,mc,clain1 quoted in    
,cyclopedia of ,american                

,government1 ,vol4 ,,iii1 p4 #fic4      
#fi 8,compulsory process is the means of
 compelling a witness to appear         
before the court at the time of trial   
and1 under oath1 tell what he           
knows about the matter under            
consideration40--,bouvier's ,law        
,dictionary1 ,vol4 ,,ii1 p4 #gff4       
,a subpoena is an order issued in a     
court and given to a sheriff or         
other executive officer1 to be served   
upon or read to a witness1              
compelling him to appear before the     
court at the time stated4 ,he           
must lay aside all pretenses and        
excuses1 and appear before the          
court or the magistrate at the time and 
place named in the subpoena1            
under a penalty therein cited for       
failure to appear4 ,his failure to      
obey the order of the court1 or         
subpoena1 is known as contempt4         
,contempt is punishable in ,federal     
courts1 and in most ,states by the      
order of the judge1 and is not subject  

to jury trial4 7,oklahoma is        an  
exception47       #gj 8,at common law a 
prisoner was not allowed counsel4 ,in   
,england this        right was not      
granted in all cases before             
#ahcf40--;,cyclopedia of                
,american ,government1 ,vol4 ,i1 p4     
#dhg4          ,the ,united ,states was 
the earliest of nations to not only     
permit        every person accused of   
crime and tried before a court to have  
counsel1 but to furnish counsel for     
every person who was not himself        
able to get counsel or able to pay for  
counsel4       #ga ,constitution of the 
,united ,states1 ,amendment ,,vii4      
8,common ,law is that system of law or  
form of the science of                  
jurisprudence which has prevailed in    
,england and in the ,united             
,states1 in contradistinction from other
 great systems1 such as ,roman        or
 civil law40--,bouvier's ,law           
,dictionary1 ,vol4 ,i1 p4 #cgj4         
8,common law is used to distinguish the 

body of rules and of remedies           
administered by courts of law1          
technically so called1 in               
contradistinction to those of equity    
administered by courts of               
chancery1 and to the canon law1         
administered by ecclesiastical          
courts40--,bouvier's ,law ,dictionary1  
,vol4 ,i1 p4 #cgj4       #gb            
,constitution of the ,united ,states1   
,amendment ,,vii4          8,a jury is a
 body of men sworn to declare the facts 
of a case as        they are proven from
 the evidence placed before             
them40--,bouvier's        ,law          
,dictionary4          ,the definition of
 a jury explains why the facts of a case
 are not        open for re-examination 
after being declared by a jury4 ,it is  
because a jury meets in a court in the  
place where the offense has        been 
committed1 and is therefore better able 
to know the whole        truth1 and to  
determine what the facts really are than
 would be        possible for any other 

body of men who did not have such means 
of        knowing4 ,a higher court in   
reviewing a case on an appeal cannot    
usually go behind the facts as declared 
by a jury4       #gc ,in ordinary       
instances arrests may be made only by   
officers of the        law upon warrants
 issued by a magistrate4 ,any officer   
may1 however1        upon his own       
cognizance of a crime being committed1  
arrest the        person or persons     
without warrant4 ,if such authority were
 not given        to officers of the    
law1 many persons violating law would be
 able to        escape before a warrant 
could be issued4 ,furthermore1 under the
 laws        of some ,states1 any person
 who sees a crime committed is legally  
required to pursue and arrest the       
offending person and may himself        
be punished if he refuses to act4       
,sheriffs and other officers of the     
peace may call upon and require other   
persons to assist in the        pursuit 
and capture of fleeing criminals4       

#gd ,constitution of the ,united        
,states1 ,amendment ,,viii4          ,in
 criminal actions the matter of bail is 
determined by statute4        ,bail is  
often denied to those accused of        
committing serious crimes4          ,the
 term bail is used to designate a person
 who becomes a surety        for the    
appearance of the defendant in court at 
the time called for4        ,but in     
modern usage the term bail means the    
amount of money        pledged by       
another person for the appearance of the
 defendant4 ,if        the defendant    
fails to appear the person going his    
bail must pay the        stipulated     
amount into the court4 ,the payment of  
the bail does not1        however1      
relieve the delinquent defendant of     
further punishment4 ,he        may be   
again seized and punished as according  
to the charge1 and        furthermore   
may be given additional punishment for  
8jumping0 his        bail4              
8,the defendant usually binds himself as

 principal with two sureties2        but
 sometimes the bail alone binds himself 
as principal1 and        sometimes one  
surety is accepted by the sheriff4 ,the 
bail bond may        be said to stand in
 the place of the defendant as far as   
the sheriff        is concerned1 and if 
properly taken1 furnishes the sheriff a 
complete answer to the requirement of   
the writ1 requiring him to        take  
and produce the body of the             
defendant40--,bouvier's ,law            
,dictionary1 ,vol4 ,i1 p4 #baa4         
#ge ,united ,states ,constitution1      
,amendment ,,viii4          8,the amount
 of fine is frequently left to the      
discretion of the        court1 who     
ought to proportion the fine to the     
offense40--,cooley's                    
,constitutional ,limitations1 p4 #cgg4  
8,the object of punishment is to reform 
the offender1 to deter him        and   
others from committing like offenses1   
and to protect society40        8,a     
state may provide a severer punishment  

for a second than for a        first    
offense providing it is dealt out to all
 alike40--#aei ,u4 ,s4        #fgc4     
8,punishments are cruel when they       
involve torture or a lingering          
death2 but the punishment of death is   
not cruel1 within the meaning        of 
that word as used in the                
,constitution40--#acf,u4 ,s4 #dcf4      
,a warden of a ,state penitentiary was  
recently found guilty of                
inflicting cruel punishment because he  
punished a convict by        suspending 
his body from chains placed around his  
wrists4          ,the ,british ,museum  
contains several machines of torture    
used to        punish criminals in early
 days4 ,one is a machine in the form of 
a        hollow case fitting a human    
form4 ,this case is filled with sharp   
spikes driven through from the outside4 
,the machine was so        constructed  
that when a victim was placed inside1   
the sides could be        gradually     
turned up to fit the body and press     

these spikes into the        body of the
 victim so as to produce death4         
,another machine is constructed much as 
a cross in form of the letter        ,x4
 ,the victim was fastened in such manner
 as to bind his wrists and        ankles
 to the ends of the bars4 ,a horse was  
then hitched to either        his arms  
or legs and they were torn from the     
body4          ,many ,states in the     
,united ,states have now adopted        
electrocution as        the means of    
inflicting the death penalty because it 
is believed to        be the most humane
 way4       #gf ,constitution of the    
,united ,states1 ,amendment ,,xiii1     
,sec4 #a4          ,this amendment was  
submitted to the ,states by resolution  
of ,congress        in #ahfe and by     
proclamation of the ,president of       
,december #ahth of        that year was 
declared to have received the approval  
of the        requisite number of       
,states4          ,so far as the        
abolition of slavery is involved there  

has been no        question as to the   
effect of the amendment1 but as to what 
constitutes involuntary servitude       
important questions have arisen4        
,while the primary object of the        
amendment was to free the colored       
race1 the general purpose was to render 
impossible the existence        within  
the jurisdiction of the ,united ,states 
of any legal or social                  
institution imposing involuntary labor  
on any class of persons4 ,the           
introduction here of the peonage system 
prevalent in ,mexico1 the        coolie 
system of ,china1 or the padrone system 
of ,italy fall within        the        
prohibition4          ,the amendment    
permits imprisonment and also           
involuntary servitude as        a       
penalty for failure to pay a fine       
imposed as a punishment4                
,moreover the services of persons       
imprisoned for crime belong to the      
,state and may be leased1 subject of    
course to humanitarian                  

regulations as to the method in which   
such services may be employed4          
,under the enforcement clause ,congress 
has legislated against        peonage1  
that is1 a condition of enforced        
servitude by which the        servitor  
is restrained of his liberty and        
compelled to labor in        liquidation
 of some contract1 debt1 or obligation4 
,but without such        legislation1   
,state statutes imposing imprisonment or
 servitude for        non-performance of
 contractual obligations are invalid as 
in        conflict with the provisions  
of the amendment4--,emlin ,mc,clain1 in 
the        ,cyclopedia of ,american     
,government1 ,vol4 ,,iii1 p4 #ecf4      
,in the early days many of the ,american
 colonies permitted        imprisonment 
for debt1 and one of the greatest       
patriots and        philanthropists of  
colonial times1 ,robert ,morris1 was    
imprisoned for        debt by the ,state
 of ,pennsylvania4       #gg ,james     
,bryce has written of our government3   

8,the ,american ,union is        444 a  
state which1 while one1 is nevertheless 
composed of other        states even    
more essential to its existence than it 
is to theirs40       #gh ,constitution  
of the ,united ,states1 ,amendment      
,,xiv4 ,sec4 #a4          ,a person may 
attain to citizenship in the ,united    
,states in any of        seven different
 ways3 #a4 ,by birth--i4e4 natural born4
 #b4 ,by        naturalization1 which   
usually requires continuous residence   
for five        years4 #c4 ,by treaty   
regulation4 #d4 ,by statute of          
,congress4 #c4 ,by        annexation of 
territory4 #f4 ,by marriage--if a       
foreign woman marries        an         
,american citizen4 #g4 ,by honorable    
discharge from the army or        navy1 
upon which the court admits to          
citizenship regardless of the           
time of residence in the ,united        
,states4          ,in the ,united       
,states we recognize a dual             
citizenship--citizenship in        the  

,united ,states1 and citizenship in a   
,state4 ,any person who is a            
citizen of the ,united ,states is also a
 citizen of the ,state wherein        he
 or she resides4 ,nine different ,states
 grant the right of suffrage        and 
,state citizenship to such foreigners as
 take out their first                   
naturalization papers4 ,these ,states   
are ,alabama1 ,arkansas1 ,indiana1      
,kansas1 ,missouri1 ,nebraska1 ,oregon1 
,south ,dakota1 and ,texas4             
,citizenship must not be confused with  
the right of suffrage4 ,neither         
one necessarily includes the other4 ,all
 citizens cannot        vote--children  
for example4 ,all voters are not        
necessarily citizens1        those in   
the above nine ,states for example4     
,aliens in the ,united ,states have     
practically all the civil rights        
that are enjoyed by citizens1 but they  
do not have political rights4        ,an
 alien may purchase1 own1 and convey    
property4 ,he may sue and be        sued

 in the courts4          8,there can be 
no doubt that the minimum expectation of
 the framers        of this amendment to
 the ,constitution was that it would    
make the        first eight amendments  
to the ,constitution binding upon the   
states1        as they already were upon
 the ,federal ,government1 and that it  
should        be susceptible not only of
 negative enforcement by the courts but 
also of direct positive enforcement by  
,congress40--,cyclopedia of             
,american ,government1 ,vol4 ,,ii1 p4   
#da4       #gi ,constitution of the     
,united ,states1 ,amendment ,,xv4       
#hj 8,by a series of decisions the most 
important of which were those in        
the ,slaughter ,house cases 7#af        
,wallace #cf7 and in the ,civil ,rights 
,cases 7#aji ,u4,s4 #c7 the ,united     
,states ,supreme ,court established the 
following principles3 7#a7 that the     
prohibitions of the fourteenth          
amendment are addressed to the states as
 such and not to private                

individuals2 7#b7 that these            
prohibitions contemplate only positive  
state acts and not acts of omission2    
7#c7 that the amendment                 
recognizes a distinction between state  
citizenship and ,united ,states         
citizenship2 7#d7 that it protects from 
state abridgement only #8the            
privileges and immunities' which the    
,constitution by its other              
provisions bestows upon #8citizens of   
the ,united ,states' as                 
such40--,cyclopedia of ,american        
,government1 ,vol4 ,,ii1 p4 #da4        
,the nineteenth amendment which is now  
ratified by the ,states1        provides
 that 8the 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 sex40--,constitution of the  
,united ,states1 ,amendment             
,,xix4       #ha 8,the good citizen must
 in the first place1 recognize what he  
owes        his fellow citizens4 ,if he 

is worthy to live in a free republic he 
must keep before his eyes his duty to   
the nation of which he forms a          
part4 ,he must keep himself informed1   
and he must think of himself as         
well as of the great questions of the   
day2 and he must know how to            
express his thoughts40--,theodore       
,roosevelt4       #hb ,in receiving     
applications for the many appointments  
which it was his        duty to make1   
,president ,taylor said3 8,i shall make 
honesty1 capacity        and fidelity   
indispensable requisites to the bestowal
 of office2 and        the absence of   
any one of these qualities shall be     
deemed sufficient        cause for      
removal40       #hc 8,the ,american     
,constitution is the most wonderful work
 ever struck        off at a given      
moment by the brain and purpose of      
man40--,william ,e4        ,gladstone4  
8,it will be the wonder and admiration  
of all future generations and        the
 model of all future                    

constitutions40--,william ,pitt4        
8,our fathers by an almost divine       
prescience1 struck the golden           
mean10 when they made the               
,constitution4--,pomeroy4          8,it 
7,the ,u4 ,s4 ,constitution7 ranks above
 every other written        constitution
 for the intrinsic excellence of its    
scheme1 its        adaptation to the    
circumstances of the people1 the        
simplicity1        brevity and precision
 of its language1 its judicious mixture 
of        definition in principle with  
elasticity in details40--,james ,bryce4 
#hd 8,this is the most famous writ in   
the law2 and1 having for many           
centuries been employed to remove       
illegal restraint upon personal         
liberty1 no matter by what power        
imposed1 it is often called the         
great writ of liberty40--,bouvier's ,law
 ,dictionary1 ,vol4 ,i1 p4 #iag4        
#he ,in #ahfa ,chief ,justice ,taney    
decided in the ,united ,states ,circuit 
,court of ,maryland that ,congress alone

 possessed the power under the          
,constitution to suspend the            
writ4--,american ,law ,register1 #ebd4  
,the privilege of the writ is1 however1 
necessarily suspended        whenever   
martial law is declared in force2 for   
martial law suspends        all civil   
process4          8,as a recognized     
legal remedy1 resort to the proceeding  
by habeas        corpus may be had where
 a person is imprisoned under pretended 
legal        authority which in fact for
 any reason is absolutely void1 as where
        the warrant of arrest or        
commitment is insufficient or the       
proceeding under which the warrant was  
issued was without legal                
authority40          8,a state court or 
judge cannot inquire by habeas corpus   
into the        validity of arrest or   
detention of a person under federal     
authority4        ,the right to redress 
in such cases1 if any1 must be sought in
 the        ,federal courts4 ,but on the
 other hand ,federal courts and judges  

may        inquire into the cause of the
 restraint of liberty of any person by  
a state when the justification of       
,federal authority or immunity is       
set up for the act complained           
of40--,cyclopedia of ,american          
,government1 ,vol4 ,,ii1 p4 #ajf4       
#hf ,constitution of the ,united        
,states1 ,art4 ,i1 ,sec4 #i1 ,cl4 #c4   
8,the effect of attainder upon a felon  
is1 in general terms1 that all          
his estate1 real and personal1 is       
forfeited2 that his blood is            
corrupted1 and so nothing passes by     
inheritance to1 from or through         
him40          8,in the ,united ,states 
the doctrine of attainder is now        
scarcely        known1 although during  
and shortly after the ,revolution acts  
of        attainder were passed by      
several of the states4 ,the passage of  
such        bills is expressly forbidden
 by the ,constitution40--,bouvier's ,law
        ,dictionary1 ,vol4 ,i1 p4 #aij4 
8,a bill of attainder1 as thought of in 

the ,united ,states to-day1        would
 be such law as permitted a person      
charged with the commission        of a 
crime1 to be tried and found guilty and 
sentenced without being        present  
at the trial40 ,it is one of the rules  
of procedure in court        to-day that
 in all criminal cases the person       
charged with crime must        be       
present during the entire trial4        
,another fundamental judicial           
fact is that all criminal punishment    
terminates with the death of        the 
person found guilty2 his children are   
exempt4       #hg 8,an ex-post-facto law
 is a law which in its operation makes  
an act        criminal which was not    
criminal at the time the act was        
committed1        or provides a more    
severe punishment for criminal acts     
already        committed1 or changes the
 rules of procedure so as to make it    
more        difficult for one accused of
 crime to defend in a prosecution of    
such crime40 8,the prohibition relates  

to retroactive criminal        statutes 
providing a punishment for an act       
previously committed or                 
increasing the punishment making it more
 difficult for the accused        to    
defend1 but not to retroactive laws1    
even though criminal1 which             
mitigate the punishment or merely change
 or regulate the procedure              
without imposing any additional         
substantial burden on the accused in    
making his defense40--,cyclopedia of    
,american ,government1 ,vol4 ,i1 p4     
#gjj4          ,we should keep in mind  
that both 8bills of attainder0 and 8ex  
post        facto0 laws have only to do 
with crimes and their punishment4 ,these
        laws do not relate to civil     
matters4       #hh ,constitution of the 
,united ,states1 ,art4 ,i1 ,sec4 #h4    
,titles of nobility as recognized in    
many ,european countries include        
the following3 duke1 earl1 marquis1     
viscount1 and baron4 ,these             
titles were in part hereditary and in   

part acquired4 ,they always             
conferred special privileges both in    
rank and in political        preferment4
 ,such titles cannot exist in a         
democracy because they in        their  
very nature destroy equality before the 
law1 and that is the        fundamental 
principle of democratic government4     
8,the provisions prohibiting the        
granting of titles of nobility are      
designed1 no doubt1 first to preserve   
equality before the law1 and            
second1 to secure in perpetuity a       
republican form of government4          
,such provisions are not essential to   
theoretical equality before the         
law1 for such equality is fundamental in
 the law of ,england                    
notwithstanding the existence of titles 
of nobility4 ,but the framers        of 
the ,constitution evidently contemplated
 a form of government in        which   
there should be no special privileges   
conferred by rank or        title4 ,the 
additional provision in the ,federal    

,constitution        prohibiting the    
acceptance by any person holding any    
office of        profit or trust under  
the ,united ,states of any present1     
emolument1        office or title from  
any foreign sovereign or power without  
the        consent of ,congress1 was    
probably intended to prevent the        
exercise        of foreign influence in 
governmental affairs4 ,these articles in
 the        ,constitution are           
substantially borrowed from the         
,articles of                            
,confederation40--,emlin ,mc,clain1     
quoted in the ,cyclopedia of ,american  
,government1 ,vol4 ,,ii1 p4 #eh4        
#hi ,constitution of the ,united        
,states1 ,art4 ,,iii1 ,sec4 #c1 ,cl4 #a4
          ,treason is defined in this   
article of the ,constitution and        
therefore        ,congress cannot define
 it in any other manner4 ,many people   
use the        word 8treason0 very      
loosely4 ,they often speak of a person  
committing        treason when the act  

committed is not treasonable at all1 but
 is        some less severe crime4      
,treason consists only in levying war   
against        the ,united ,states or in
 giving aid or comfort to enemies of the
        ,united ,states4          ,the  
meaning of 8two witnesses to the same   
overt act0 is that the                  
,constitution requires that two persons 
will appear in court and        swear to
 the fact that they personally saw the  
act committed4 8,overt        act0 means
 8openly committed act04 ,chief ,justice
 ,john ,marshall knew        that in the
 trial of ,aaron ,burr it would be      
impossible to get two        persons to 
swear to having seen ,burr commit the   
conspiracy1 so he        took advantage 
of the technicality in the indictment   
and threw the        case out of court4 
,this trial was held at ,richmond1      
,virginia4          8,confession in open
 court0 is about the only instance in   
which such        confession will       
convict a person charged with committing

 a crime4 ,as        a rule a person's  
own confession will not be accepted as  
evidence        against him1 in criminal
 prosecutions1 because few confessions  
are        made without some threat or  
inducement and under the guaranty 7p4   
#ii7 that a person cannot be compelled  
to be a witness against        himself  
they are excluded4       #ij            
,constitution of the ,united ,states1   
,art4 ,,iii1 ,sec4 #b1 ,cl4 #c4         
,impeachment is the manner of trial     
fixed by the ,constitution for the      
trial and removal of ,federal officers  
who are accused of treason1             
bribery1 and other high crimes and      
misdemeanors4 ,congress alone has       
the power of conducting an impeachment  
of ,federal officers4 ,the              
legislature of a ,state has the power of
 impeaching ,state officers4            
,impeachment1 as the word is commonly   
used1 includes both accusation          
and trial4 ,the 8,impeachment0 or       
accusation is brought by a              

two-thirds vote of the lower house1 and 
the trial and conviction or             
acquittal is carried on by the upper    
house4 ,andrew ,johnson1                
,president of the ,united ,states1 was  
impeached--i4e4 he was formally         
accused1 but he was acquitted in his    
trial in the ,senate4 ,conviction       
in an impeachment proceeding causes an  
officer to be removed from        office
 and disqualified from ever holding any 
office of honor or        trust under   
the government again4 ,a person may be  
convicted and not        given the full 
penalty4 ,he may be only removed from   
office1 but not        disqualified from
 again holding office4          ,it is  
possible that a crime may be committed  
on a river that forms        ,state     
boundaries4 ,where a river forms a      
boundary the middle of the        main  
channel is made the boundary line4 ,it  
is often difficult to        determine  
on which side of the line the crime was 
committed1 and        both ,states may  

then claim to have jurisdiction over the
 case4 ,this        must be decided as  
any other fact in the case4             
,the manner of the trial in use1 before 
jury trial was established1        was  
by ordeal or by battle4 ,in trial either
 by ordeal or by battle        the issue
 was left to ,god to decide and ,he was 
thought to perform a        miracle to  
reveal the guilt or innocence of the    
accused person4 ,one        form of     
ordeal was to compel the accused to     
plunge his arm into        boiling water
 and if innocent the ,lord would protect
 him from being        scalded4 ,another
 form of ordeal was to compel the       
accused to walk        barefoot over hot
 plow shares4 ,if innocent the ,lord    
would again        protect his feet from
 being burned4          ,the first form 
of jury to displace the old ordeal or   
battle as a        means of deciding    
guilt or innocence was the              
8compurgators0 or 8oath        bearers04
 ,they comprised a group of men who     

would appear before the        court and
 give oath that the accused was not a   
bad man and had        committed no     
crime4 ,they did not investigate the    
accusation1 they        only testified  
to the good character of the accused4   
,if a man        accused could not      
produce compurgators1 he must undergo   
the ordeal4        ,the duty of these   
oath bearers gradually became more      
extended until        they became       
investigators1 and finally became a     
grand jury4       #ia ,constitution of  
the ,united ,states1 ,art4 ,,iv1 ,sec4  
#b1 ,cl4 #a4          8,the right of a  
citizen of one state to pass through1 or
 to reside        in1 any other state1  
for purposes of trade1 agriculture1     
professional pursuits1 or otherwise2 to 
claim the benefit of habeas             
corpus2 to institute and maintain       
actions of any kind in the courts       
of the state2 to take1 hold and dispose 
of property1 either real or             
personal2 and an exemption from higher  

taxes or impositions than are           
paid by the other citizens of the state2
 may be mentioned as some of        the 
particular privileges and immunities of 
citizens1 which are        clearly      
embraced by the description0--,corfield 
vs4 ,coryell1        ,washington ,c4 ,c4
 ,rep4 #chj4       #ib ,constitution of 
the ,united ,states1 ,art4 #f1 ,cl4 #c4 
,while no religious test of any kind may
 ever be required from any              
officer of the ,united ,states as a     
condition of his being elected1 or      
holding office1 public sentiment        
nevertheless favors ,christian          
character among the people4 ,if a       
candidate for office were an            
atheist and made public confession as to
 his lack of belief in ,god1        it  
would doubtless mitigate against his    
election4          8,the general        
principle of equality of all persons    
before the law        excludes          
discriminations made on account of      
religions belief1 with        the result

 that religious tests should not be made
 the basis of        political rights or
 for determining qualifications for     
office or in        general for the     
possession1 exercise1 or protection of  
civil        rights40--,emlin ,mc,clain1
 quoted in the ,cyclopedia of ,american 
,government1 ,vol4 ,,iii1 p4 #agf4      
8,this clause was introduced for the    
double purpose of satisfying the        
scruples of many persons who feel an    
invincible repugnance to any            
religious test or affirmation1 and to   
cut off forever every pretence        of
 any alliance between church and state  
in the national                         
government0--,story's ,const4 ,sc4      
#ahda4       #ic ,a glance at the       
motives of ,europeans in coming to      
,america will        reveal the fact    
that thousands of the best people of    
,european        countries left their   
homes to escape either religious or     
political        persecution at the     
hands of the government or the king4    

,such was        true of the ,huguenots 
of ,france1 the ,pilgrims and ,puritans 
of        ,england1 and only recently1  
the ,jews of ,russia4          ,the laws
 of 8attainder0 in ,england in the early
 times confiscated        the property  
of persons1 however innocent they       
themselves might be1        if they were
 near relatives of other persons who had
 committed grave        crimes4         
,before the passage of the ,habeas      
,corpus ,act of #afgi in ,england1 any  
person of royalty or high official      
standing in the government could        
falsely accuse another person of crime  
and cause that innocent        person to
 languish in prison for years1 or even  
for life1 because he        could not   
get before a court of justice to        
establish his innocence4          ,in   
many ,european countries the peasants   
were burdened with taxes to             
support kings and courts without the    
slightest representation in the         
tax levying authority4 ,in ,france1 just

 preceding the ,french                  
,revolution1 the peasants were obliged  
to purchase a certain number        of  
barrels of salt each year1 without      
having the slightest use for        the 
salt1 because the crown lands produced  
salt and the revenues        went to the
 king4          ,in many ,european      
countries a state church was established
 and the        people obliged to       
support it by taxes levied against their
 property1        regardless of whether 
it represented their religious beliefs4 
#id ,a comparison of the provisions of  
the ,declaration of ,independence       
with those of the ,constitution will    
show the wrongs of the ,english         
king righted by the ,constitution4      
,declaration of ,independence4--8,he has
 refused assent to laws the most        
wholesome and necessary for the public  
good40          ,constitution of the    
,united ,states4--,a bill if vetoed by  
the ,president        may be repassed by
 two-thirds of the senate and house of  

representatives4          ,declaration  
of ,independence4--8,he has forbidden   
his governors to pass        laws of    
immediate and pressing importance40     
,constitution of the ,united            
,states4--,congress shall have the power
 to        lay and collect taxes1       
duties1 etc4 7,see ,const4 ,art4 ,i1 4  
#h47          ,declaration of           
,independence4--8,he has dissolved      
representative houses        repeatedly1
 for opposing with manly firmness1 his  
invasions on the        rights of the   
people40          ,constitution of the  
,united ,states4--,congress shall meet  
at the seat        of government--once  
each year4          ,declaration of     
,independence4--8,he has refused1 for a 
long time after        dissolution1 to  
cause others to be elected40            
,constitution of the ,united            
,states4--,the time1 place and manner of
        holding elections for ,senators 
and ,representatives1 shall be          
prescribed in each ,state by the        

legislature thereof4                    
,declaration of ,independence4--8,he has
 obstructed the administration        of
 justice40          ,constitution of the
 ,united ,states4--,jurisdiction of     
,courts fixed by        ,constitution4  
,judges not responsible to the          
,president1 but to        ,congress1    
which represents the people4            
,declaration of ,independence4--8,he has
 made judges dependent on his           
will alone40          ,constitution of  
,united ,states4--,judges subject to    
removal only by        impeachment by   
,congress4          ,declaration of     
,independence4--8,he has kept standing  
armies 444        without consent of the
 legislature40          ,constitution of
 the ,united ,states4--8,congress shall 
have power to        raise and support  
armies40 8,to provide and maintain a    
navy40          ,declaration of         
,independence4--8,for transporting us   
beyond seas to be        tried for      
pretended offenses40                    

,constitution of the ,united            
,states4--8,such trial shall be held in 
the        state where said crime shall 
have been committed40                   
,declaration of ,independence4--8,for   
depriving us1 in many cases1 of         
the right of trial by jury40            
,constitution of the ,united            
,states4--8,the trial of all crimes1    
except        in case of impeachment1   
shall be by jury40          ,declaration
 of ,independence4--8,for quartering    
large bodies of armed        troops     
among us40          ,constitution of the
 ,united ,states4--8,no soldier shall in
 time of        peace1 be quartered in  
any house without the consent of the    
owner40          ,declaration of        
,independence4--8,for imposing taxes on 
us without our        consent40         
,constitution of the ,united            
,states4--8,congress shall have power to
        levy and collect taxes40        
#ie ,on ,december #b1 #aiag1 in ,new    
,york ,city1 in a meeting of men who    

called themselves ,bolshevists and ,i4  
,w4 ,w4's1 the following                
paragraph was an introduction to a set  
of resolutions drawn up3 8,we        are
 the ,bolshevists of ,america4 ,we      
denounce governments1                   
institutions and society2 we hail social
 revolution and the        destruction  
of the existing order of things40       
,in the preamble to the ,constitution of
 the ,independent ,workers of        the
 ,world 7,i4 ,w4 ,w47 we find this      
statement3 8,the working class and      
the employing class have nothing in     
common4 ,between these two              
classes the struggle must go on1 until  
the workmen of the world        organize
 as a class1 take possession of the     
earth and the machinery        of       
production1 and abolish the wage system4
 ,our motto is--,the        abolition of
 the wage system40          ,how foolish
 is the above statement that the working
 class and the        employing class   
have nothing in common4 ,the truth of   

the matter is        that they have     
everything in common4 ,every            
employer--almost without                
exception--was once a workman4 ,he was a
 successful workman1 therefore        he
 became more than a workman--he became  
an employer4 ,furthermore1              
workmen cannot exist without employment4
 ,neither can employers exist           
without the workmen4 ,they are not only 
each concerned in the welfare        of 
the other2 neither can exist without the
 other4          ,the following is      
another passage taken from the          
resolutions drawn up        by the      
,bolshevists in which they say the      
general strike is their        weapon of
 defense3 8,we will strike for a six    
hour day1 then for a        four hour   
day1 then for a two hour day1 with      
increased wages all the        time1 and
 then we will be strong enough to take  
everything and work        no more40    
,we wonder how any sensible man can     
believe such logic as this4 ,was        

it not ,saint ,paul who said that if any
 man would not work neither             
should he eat4          ,the ,socialist 
party platform of #aiab declared in     
favor of the        abolition of the    
,united ,states ,senate1 the amendment  
of the        ,constitution of the      
,united ,states by a majority vote of   
the people1        the election of      
judges for short terms of office1 the   
denial of the        right of the ,u4   
,s4 ,supreme ,court to declare the acts 
of ,congress        void4       #if     
,article ,v of the ,constitution of the 
,united ,states provides for the        
amendment of that fundamental law of the
 country4 ,it says amendments        may
 be proposed by a bill for amendment    
being introduced into either            
house of ,congress and passing each     
house by a two-thirds vote1 or          
secondly1 by the ,state legislatures of 
two-thirds of the ,states               
demanding that ,congress call a national
 convention in which        amendments  

may be proposed4 ,if these proposed     
amendments are        ratified by the   
legislatures of three-fourths of the    
,states or by        conventions called 
in three-fourths of the ,states1 they   
become an        integral part of the   
,constitution4       #ig ,some of this  
good legislation includes3 ,child ,labor
 ,laws2 ,workmen's        ,compensation 
,laws2 ,industrial ,insurance for       
,workingmen2 ,compulsory                
,education2 ,pure ,food ,laws2 ,better  
,sanitary ,conditions in ,factories2    
,safety ,appliances2 ,free ,medical     
,inspection for ,school ,children2 and  
,care of the ,poor4       #ih ,if you   
read carefully the fifth article of the 
,constitution of the        ,united     
,states1 you will learn that the        
,constitution may be amended            
either by the people's representatives  
who sit in ,congress1 and in            
,state legislatures1 or by the          
legislatures of the ,states demanding   
that a ,national convention shall be    

called in which the people may          
choose the members ,which ever method of
 amending the ,constitution is          
used1 it is the people who exercise the 
power of changing the                   
,constitution4       #ii ,every teacher 
in every public school ought to feel in 
duty bound to        teach the          
fundamental principles of the           
,constitution to all the        children
 in the school4 ,a recitation period    
ought to be set aside        each day   
for the study of civics of the          
community1 of the locality1        of   
the ,state1 and of the ,united ,states4 
,every pupil in every public            
school ought to feel proud of the       
opportunity to learn how his            
government is made and how his          
government works1 how he may become a   
helpful citizen by being an intelligent 
voter when he comes to be a        man4 
,adult people ought to organize civic   
clubs in the community for        the   
discussion and study of questions of    

government and politics4      #ajj ,the 
following suggestions have been made by 
good1 honest people who        have     
their country's welfare at heart4 ,thus 
far the people as a        whole have   
not advocated their adoption1 but some  
of them may be        made part of the  
,constitution in time to come4          
a4 ,the direct popular election of      
,president and ,vice ,president of      
the ,united ,states4          b4 ,the   
adoption of the initiative1 referendum1 
and recall in the        ,national      
government4          c4 ,federal        
legislation governing both marriage and 
divorce        throughout the ,nation4  
d4 ,federal jurisdiction over all cases 
affecting foreigners--for        example
 in instances like the ,italian riot in 
,new ,orleans1 or in the                
,japanese problem on the ,pacific coast4
      #aja ,the following is a brief    
outline of the various attempts at union
        among the colonies4          7a7
 #afdc-afhd--,new ,england              

,confederation3 ,massachusetts ,bay2    
,plymouth2 ,connecticut2 ,new ,haven4   
7b7 #afhd--;,albany ,council4        7c7
 #afij--;,first ,colonial ,congress4    
7d7 #afif--,william ,penn's ,plan4      
7e7 #agja--,robert ,livingston's ,plan4 
7f7 #agbb--,plan of ,daniel ,cox4       
7g7 #aged--,plan of ,rev4 ,mr4 ,peters4 
7h7 #aged--,plan of the ,lords of       
,trade4        7i7 #aged--;,albany      
,plan4        7j7 #agfe--,stamp ,act    
,congress4        7k7 #aggd--;,first    
,continental ,congress4        7l7      
#agge--,second ,continental ,congress4  
7m7 #agha--;,congress of the            
,confederation4        7n7 #aghg--,the  
,federal ,convention4        7o7        
#aghi--,the ,new ,government4           
,the chief reasons keeping the colonies 
apart were3          #a4 ,natural       
geographical divisions--,north1 ,middle1
 and ,south4        #b4 ,the great      
differences in size--,virginia many     
times larger than        ,rhode ,island4
        #c4 ,the instinct of local self 

government4        #d4 ,character of    
settlers and the motives in making      
settlements4        #e4 ,the slave      
question1 especially after #agej4       
#f4 ,their different forms of           
government--,royal1 ,proprietary1       
,charter4          ,the very first      
attempt at constitution making in the   
colonies was        the ,mayflower      
,compact1 adopted on board the ship     
,mayflower before        landing on     
,december #bj1 #afbj4 ,it reads as      
follows3 8,we1 whose names        are   
underwritten1 the loyal subjects of our 
dred soveraigne ,king        ,james1 by 
the grace of ,god1 of ,great ,britain1  
,france and ,ireland        ,king1      
defender of the faith1 etc4 having      
undertaken1 for the glory        of     
,god1 and advancement of ,christian     
faith and honor of our king and         
country1 a voyage to plant the first    
colony in northern parts of             
,virginia1 do1 by these presents1       
solemnly and mutually1 in the           

presence of ,god1 and of one another1   
covenant and combine ourselves          
together into a civil body politic1 for1
 our better ordering and                
preservation and furtherance of the ends
 aforesaid2 and1 by virtue              
hereof1 to enact1 constitute1 and frame1
 such just and equal laws1              
ordinances1 acts1 constitutions and     
offices1 from time to time1 as          
shall be thought most meet and          
convenient for the general good of      
the colony4 ,unto which we promise all  
due submission and obedience4        ,in
 witness whereof we have hereunder      
subscribed our names1 at ,cape          
,cod1 the #aath of ,november1 in the    
year of the reign of our sovereign      
lord1 ,king ,james1 of ,england1 ,france
 and ,ireland the eighteenth1 and       
of ,scotland the fifty-fourth1 ,anno    
,domini40          ,the first real      
attempt at formal constitution making   
was the        8,fundamental ,orders of 
,connecticut01 #afci4 ,these 8,orders0  

formed an        elementary constitution
 with three departments of government   
and the        duties and powers of each
 department fairly well set forth4 ,the 
,fundamental ,orders are frequently     
referred to as the first written        
constitution in ,america4          ,the 
,articles of ,confederation were made by
 the thirteen ,states in        the name
 of the ,states4 ,the ,constitution was 
made by the        delegates of the     
people in the name of the people of the 
,united        ,states4 ,the first was a
 compact or friendly agreement2 the     
second        was a contract or binding 
union4      #ajb ,great modifications   
have been made in nearly all of the     
,state        ,constitutions1 an        
excellent analysis of which may be found
 in        ,bryce's ,american           
,commonwealth 7,third ,edition71 ,vol4  
,i1 p4 #ddc4      #ajc ,since the       
alliance of the original thirteen       
,states1 thirty-five have        been   
admitted into the ,union by acts of     

,congress either directing        the   
people to select delegates and enact a  
,constitution or accepting        a     
,constitution already made by the       
people4 ,an illustration of the         
former method of procedure is offered in
 #be ,u4 ,s4 ,st4 at ,l4 #fgf c         
#ahj1 providing for the admission of    
,north ,dakota1 ,south ,dakota1         
,montana1 and ,washington into the      
,union1 and of the latter in #bf ,u4    
,s4 ,st4 at ,l4 #bae c #fef2 #bbb c     
#ffd1 providing for the admission of    
,idaho and ,wyoming4 8,of these         
instruments 7,state ,constitutions71    
therefore1 no less than of the          
,constitutions of the thirteen          
original ,states1 we may say that       
although subsequent in date to the      
,federal ,constitution1 they are1 so far
 as each state is concerned de          
jure prior to it4 ,their authority over 
their own citizens is nowise            
derived from it40--,bryce's ,american   
,commonwealth 7,third ,edition71        

,vol4 ,i1 p4 #dca4      #ajd 8,a        
constitution is an instrument of        
government1 made and adopted by         
the people for practical purposes1      
connected with the common               
business and wants of human life4 ,for  
this reason pre-eminently        every  
word in it should be expounded in its   
plain1 obvious and        common        
sense40--,per ,allen ,j41 in ,peo v4    
,new ,york1 ,cent4 ,r4 ,co41 #bd ,n4    
,y4 #dhe1 #dhf4      #aje ,legislatures 
cannot change ,constitutions4 8,i       
consider the people of        this      
country as the only sovereign power4 ,i 
consider the legislature        as not  
sovereign1 but subordinate2 they are    
subordinate to the great                
constitutional charter1 which the people
 have established as a                  
fundamental law and which alone has     
given existence and authority to        
the legislature40--,per ,roane1 ,j4 in  
,kanper v4 ,hawkins1 #a ,va4 ,cas4      
#bj1 #hf4      #ajf 8,some of the state 

constitutions provide for periodically  
submitting        to the voters the     
question whether a convention shall be  
called to        revise and amend the   
constitution4 ,regardless of whether or 
not        provision is made for        
periodical resubmission of the question 
of        calling a convention1 the     
constitutions usually provide that the  
legislature may1 of its own volition1   
submit to a vote of the people          
the question whether a convention shall 
be called1 and subject to        any    
existing constitutional limitations1 may
 prescribe the time and        manner of
 electing delegates to such convention40
      #ajg ,teachers and school officers
 can perform no higher duty1 can render 
no greater service to ,america1 than to 
encourage the use of school             
buildings for public gatherings4 ,they  
should be real community        centers4
 ,in the city of ,minneapolis1 the      
,superintendent of ,schools        has  
recently reported that for the year     

ending ,july #ast1 #aibj1 there         
were #ejgj meetings held in the public  
school buildings1 with a total          
attendance of #cbe1gcd persons4 ,there  
were #adcd cultural meetings1           
#gea civic sessions1 #beja recreative   
gatherings1 and #ccd social             
festivals4 ,rural consolidated school   
buildings ought always be        planned
 for civic centers as well as           
school-houses4 ,they ought to           
provide a large assembly hall where     
community gatherings may be        held4
 ,they ought to provide a large and well
 equipped gymnasium        where both   
children and adults may enjoy athletic  
contests and        indoor games4 ,these
 buildings ought to be open to the      
people every        evening during the  
week if the attendance warrants4        
#ajh ,one mark of good citizenship is   
the respect shown to emblems of         
authority4 ,all good citizens rise to   
their feet and remain standing          
during the playing or singing of the    

,national anthem4 ,we ought to          
cultivate such habits until they become 
reflex3 i4 e4 until we do        them as
 a matter of course without being told  
by the teacher in        school or by   
the leader of the choir or some other   
person4          ,every school boy and  
girl ought to commit to memory the words
 of the        ,star ,spangled ,banner  
and of ,america4 ,the teacher can make  
the        singing of patriotic songs   
and the learning of patriotic poems and 
speeches a part of the opening exercises
 of the school4 ,poems and              
speeches learned in childhood will      
generally remain with us                
throughout life4      #aji ,radicalism  
of thought and action can generally be  
traced to the        segregation of the 
people into small groups where the      
individual is        alone in his       
thinking4 ,association and cooperation  
tend to break up        individualism4  
,where men and women come together in   
thought and        consideration1 there 

is always developed a tendency toward   
moderation4 ,our present day complex    
society demands that every              
individual yield something for the good 
of the whole community4 ,the            
yielding process is a moderating        
process4 ,anarchy stands for the        
division of society into individuals    
where each individual becomes           
selfish and dominating over others      
around him4 ,loyalty to the ,nation     
and the ,state requires that the        
individual shall coperate with his      
neighbor and that he shall work in      
harmony with other people in the        
community4 ,if people would more often  
assemble and discuss the needs        of
 the entire community and how each may  
help to make the entire        community
 better1 we would have less of class    
distinction and more        of social   
harmony and of economic prosperity4     
#aaj ,republican government is          
government by the people through their  
chosen representatives4 ,republican     

government can only be good             
government and effective government1    
when every qualified voter will         
assume his full duty in helping carry on
 the government4 ,this duty        is   
exercised through the casting of an     
intelligent ballot on        election   
day4 ,in the presidential election of   
#aijh the percentage of        qualified
 voters actually voting ranged from     
#ae4h per cent to #hh4a        per cent1
 the average for all ,states being #fj4e
 per cent4      #aaa ,in colonial times 
in ,america there was nothing like      
universal        manhood suffrage4      
,one-half of all the colonies required  
church        membership for a suffrage 
right4 ,by about #agjj all colonies     
required        ownership of property   
for voting4 ,this was not entirely      
abolished        until about #ahej4 ,the
 ,state of ,rhode ,island still requires
 property        to the extent of #acd  
for voting in municipal elections4      
,the colony of ,virginia required the   

holding of a freehold of fifty          
acres of land without a house1 or       
twenty-five seres of land with a        
house at least twelve feet square4      
,pennsylvania required a freehold       
of fifty acres with twelve acres        
improved4          ,in most colonies a  
greater property qualification was      
required for        voting for members  
of the upper house of the legislature   
than for        members of the lower    
house4          ,several colonies and   
early ,states limited office holding to 
,protestants4          ,the             
,constitution of the ,united ,states now
 declares that no ,state        shall   
deny to any person the right to vote    
because of race1        color1 or       
previous condition of servitude1 or     
because of sex4        ,the ,nineteenth 
,amendment enables women to vote on an  
equality with        men4          ,a   
,state may add further qualifications   
for voting1 but no ,state may           
deny the right to vote for any of the   

above reasons4 ,several ,states         
have added literacy tests for voting1   
and others have denied the        right 
to vote to such as are insane or who    
have been convicted of        crime1    
unless pardoned by the ,governor4 ,a few
 ,states deny suffrage        to those  
whose taxes are delinquent4      #aab   
,the following countries of the world   
have equal suffrage3 ,new               
,zealand1 #ahic2 ,south ,australia1     
#ahie2 ,west ,australia1 #aijj2 ,the    
,australian ,federation1 #aijb2 ,new    
,south ,wales1 #aijb2 ,tasmania1 #aijd2 
,queensland1 #aije2 ,finland1 #aijf2    
,victoria1 #aijh2 ,alaska1 #aiac2       
,norway1 #aiac2 ,manitoba1 #aiaf2       
,alberta1 #aiaf2 ,iceland1 #aiac2       
,denmark1        #aiae2 ,england1       
,scotland1 ,ireland1 #aiag2 ,sweden1    
#aiah2 ,holland1 #aiai2                 
,luxemburg1 #aiai2 ,germany1 #aiai2     
,austria1 #aiai4 ,in no other country   
in the world is the right of suffrage   
more fully granted than in the          

,united ,states since the adoption of   
the ,nineteenth ,amendment4      #aac   
8,any government is free to the people  
under it 7whatever be the        frame7 
where the laws rule and the people are a
 party to those        laws40--,william 
,penn4      #aad 8,it is1 ,sir1 the     
people's ,constitution1 the people's    
government1        made for the people1 
made by the people and answerable to the
        people40--,daniel ,webster4     
#aae 8,in truth success cannot be       
expected from any system of government  
unless the individuals who compose the  
,state entertain the respect        for 
the personal rights and liberties of    
all40--,david ,jayne ,hill4      #aaf   
8,we cannot1 we must not1 we dare not1  
omit to do that which1 in our           
judgment1 the safety of the ,union      
requires40--,daniel ,webster4      #aag 
8,americanization always implies        
obligation2 free choice determines      
its acceptance1 and its extension must  
come through avenues of                 

intelligent comprehension rather than   
through physical or        governmental 
domination40--,winthrop ,talbot4        
#aah 8,the fundamental evil in this     
country is the lack of sufficiently     
general appreciation of the             
responsibility of                       
citizenship40--,theodore                
,roosevelt4          ,teachers of       
children may well place greater emphasis
 on ideals1        character1 and       
personality as factors in the making of 
a ,nation4        ,teachers ought to lay
 greater stress on biography in the     
teaching of        history1 civics1 and 
citizenship4 ,teach children both to    
know and to        love ,washington1    
,lincoln1 and ,roosevelt4 ,teach older  
pupils and        students to realize   
that the aims1 ideals1 and achievements 
of a        ,nation can never be higher 
than the aims1 ideals1 and achievements 
of the individuals comprising that      
,nation4 ,to know the lives and         
characters of ,america's great men and  

women is to know ,american              
history1 for they made ,american history
 what it is4 ,young people        enjoy 
the study of great characters4 ,we all  
retain a love for heroes        and     
heroines however old we grow4 ,such     
study adds color and life to            
history and government and humanizes the
 entire subject4 ,teach lives        and
 institutions rather than mere facts4   
,inculcate into the lives of        boys
 and girls1 and of men and women1 a love
 for our country1 for        the men and
 women who made it1 and for the         
institutions in which        they have a
 part4 ,teach them that patriotism and  
loyalty are not        duties only1 but 
are rather the highest privileges given 
to the        people of a republic4