The Injustice of Attainder
The Injustice of an Ex Post Facto Law
XXI. t.i.tLES, GIFTS, TREASON
Prohibition Of t.i.tles And Foreign Gifts-Treason, Its Trial And Punishment
America is a democracy. It was the plan from the beginning that it always should be a democracy. The human race had suffered much from royalty, from kings and emperors, and queens and princes. Human nature is weak. We are all more or less attracted by people with t.i.tles. Story books which we read in childhood exalt the "lords" and "ladies" and "princes", and I regret to say that the history of lords and ladies and princes does not always justify the pictures which our story books would paint for us.
The men who framed the Const.i.tution had just finished a life and death struggle with royalty-a struggle between the people and a king, and the people had won. They were determined that the blighting influence of royal power should never again find a place on American soil. Therefore they put into the Const.i.tution:
"_No t.i.tle of n.o.bility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or t.i.tle, of any kind whatever, from any King, Prince, or foreign State._"(88)
Never before in the history of the world was such a bold thing done. These words reflect the spirit of the Revolution. They mark the turning point in the history of human governments. They proclaim the final establishment of the government by the people-the first real government by the people that the world ever knew.
I wonder if those who criticise the government of America who complain that in this country the people have no chance, ever read these glowing words of our Const.i.tution. It isn"t so much the words, but the spirit in which they were made a part of our Const.i.tution, the spirit in which the young Nation proclaimed to the world eternal separation from kingly power.
I find all through the Const.i.tution an expression of grim determination to fortify the Nation against any influence which would weaken the supreme power of the people, which would in any way interfere with the plan to make this a government by the people.
In many provisions of our Const.i.tution we find expressions which show how humane America is.
_We hate treason._ In fact there is no crime so dark, so awful, as treason. But in the history of the world, treason has meant many things, and unfortunately treason has been made not only the instrument of those who sought the destruction of the governments, but it has sometimes been made the instrument of tyrants in suppressing the rights, and in crushing the hopes of the people. It all depends on what is meant by treason.
In the olden days we find men charged with treason when the offense was in fact very slight-perhaps a just resistance to the king, perhaps merely an a.s.sertion of natural human right against the king.
The government of the United States being intended to protect the liberties of the people, the Const.i.tution put a bar against prosecution for treason, except where the accused was actually an enemy of his country, endeavoring to aid in the destruction of his country. We are here told what treason is:
"_Treason against the United States, shall consist only in __ levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court._
"_The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person Attainted_."(89)
We see all through the Const.i.tution a splendid spirit of justice, and a spirit of charity, even toward the guilty. By this article of the Const.i.tution, not only is treason defined, but any conviction of a person for treason must be upon the testimony of at least two witnesses to the same act, or upon a confession in open court.
The innocent must not be punished; and the guilty, when convicted, shall alone bear the punishment. Treason being such a grave offense, Congress may, if it so desires, provide very severe penalties, but it cannot attaint the blood, so that the children or the grandchildren of the guilty person shall suffer as in the olden days; nor shall the right of forfeiture of property obtain, except during the life of the person guilty of treason.
No one objects to any penalty, however severe, where treason is proved, but it is contrary to the spirit of America to brand the innocent descendants of one who is guilty of a crime. Of course the children of the guilty will always bear a certain degree of reproach from their fellowmen, but it is not fair that they should be visited with penalties for an offense which they themselves never committed. It is the spirit of America that each person shall enjoy any position in life which he may win by merit and honest endeavor, and no obstacle should be placed in his way by the wrong of an unfortunate ancestor.
ELEMENTARY QUESTIONS
1. America is a democracy. Why does this mean so much?
2. What does that phrase bring to mind?
3. Why did we abolish all t.i.tles of n.o.bility?
4. What is treason?
5. Why is it limited so carefully?
ADVANCED QUESTIONS
A. What was the real purpose of abolishing all t.i.tles of n.o.bility?
B. Why did the founders of the Const.i.tution refuse to permit our representatives to accept gifts from abroad?
C. What acts are treason to-day?
D. Show how these provisions make for democracy?
E. Write a paper on the following:
An Ill.u.s.tration of an Act of Treason During the World War
How A Person May Obtain a Responsible Position in Life
Laws Which r.e.t.a.r.d Advancement in Life
XXII. JURY, EXCEPT IN IMPEACHMENT
Criminal Trials, Except Impeachment, To Be By Jury-Equal Rights-No Religious Test For Office
There are still three articles of the Const.i.tution containing personal guaranties but the substance of these articles has been considered in connection with other articles already discussed. They are the following:
"_The trial of all Crimes, except in Cases of Impeachment, shall be by Jury, and such Trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed._"(90)
"_The Citizens of each State shall be ent.i.tled to all Privileges and Immunities of Citizens in the several States._"(91)
"_No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States._"(92)
Here again we see emphasized the right of trial by jury. I want you to give some thought to this particular right, because it applies not only to cases where persons are accused of a crime, but also to nearly all cases involving property rights.
The ordinary lawsuit, where one person is suing another to recover money, property, or damages, is triable by a jury. You understand of course the purpose of a trial. As already explained the main thing in every trial is to determine the truth as to the points in dispute, and the truth in such cases under our Const.i.tution is determined, not by judges, but by jurors, men from the ordinary walks of life, your neighbors, men accustomed to dealing with ordinary human affairs. This right is important in aiding a person to have the truth properly established; but it is especially important, as I have heretofore explained, because it emphasizes the fact that this is a government by the people, and that in grave emergencies when life, liberty, or property, is in danger, the representatives of the common people, selected from the ranks of the common people, shall be the judges.
Of course I have fully explained to you, and I do not wish to have any confusion upon that point, that the judges themselves are also representatives of the people, because they are elected by the people, or appointed by those agents of the people who are elected by the people.