Footnotes (continued 2)

92.

Constitution of the United States, Art. 6, Cl. 3. While no religious test of any kind may ever be required from any officer of the United States as a condition of his being elected, or holding office, public sentiment nevertheless favors Christian character among the people. If a candidate for office were an atheist and made public confession as to his lack of belief in God, it would doubtless mitigate against his election. “The general principle of equality of all persons before the law excludes discriminations made on account of religions belief, with the result that religious tests should not be made the basis of political rights or for determining qualifications for office or in general for the possession, exercise, or protection of civil rights.”—Emlin McClain, quoted in the Cyclopedia of American Government, Vol. III, p. 176. “This clause was introduced for the double purpose of satisfying the scruples of many persons who feel an invincible repugnance to any religious test or affirmation, and to cut off forever every pretence of any alliance between church and state in the national government”—Story's Const. Sc. 1841.

93.

A glance at the motives of Europeans in coming to America will reveal the fact that thousands of the best people of European countries left their homes to escape either religious or political persecution at the hands of the government or the king. Such was true of the Huguenots of France, the Pilgrims and Puritans of England, and only recently, the Jews of Russia. The laws of “attainder” in England in the early times confiscated the property of persons, however innocent they themselves might be, if they were near relatives of other persons who had committed grave crimes. Before the passage of the Habeas Corpus Act of 1679 in England, any person of royalty or high official standing in the government could falsely accuse another person of crime and cause that innocent person to languish in prison for years, or even for life, because he could not get before a court of justice to establish his innocence. In many European countries the peasants were burdened with taxes to support kings and courts without the slightest representation in the tax levying authority. In France, just preceding the French Revolution, the peasants were obliged to purchase a certain number of barrels of salt each year, without having the slightest use for the salt, because the crown lands produced salt and the revenues went to the king. In many European countries a state church was established and the people obliged to support it by taxes levied against their property, regardless of whether it represented their religious beliefs.

94.

A comparison of the provisions of the Declaration of Independence with those of the Constitution will show the wrongs of the English king righted by the Constitution. Declaration of Independence.—“He has refused assent to laws the most wholesome and necessary for the public good.” Constitution of the United States.—A bill if vetoed by the President may be repassed by two-thirds of the senate and house of representatives. Declaration of Independence.—“He has forbidden his governors to pass laws of immediate and pressing importance.” Constitution of the United States.—Congress shall have the power to lay and collect taxes, duties, etc. (See Const. Art. I, §. 8.) Declaration of Independence.—“He has dissolved representative houses repeatedly, for opposing with manly firmness, his invasions on the rights of the people.” Constitution of the United States.—Congress shall meet at the seat of government—once each year. Declaration of Independence.—“He has refused, for a long time after dissolution, to cause others to be elected.” Constitution of the United States.—The time, place and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legislature thereof. Declaration of Independence.—“He has obstructed the administration of justice.” Constitution of the United States.—Jurisdiction of Courts fixed by Constitution. Judges not responsible to the President, but to Congress, which represents the people. Declaration of Independence.—“He has made judges dependent on his will alone.” Constitution of United States.—Judges subject to removal only by impeachment by Congress. Declaration of Independence.—“He has kept standing armies ... without consent of the legislature.” Constitution of the United States.—“Congress shall have power to raise and support armies.” “To provide and maintain a navy.” Declaration of Independence.—“For transporting us beyond seas to be tried for pretended offenses.” Constitution of the United States.—“Such trial shall be held in the state where said crime shall have been committed.” Declaration of Independence.—“For depriving us, in many cases, of the right of trial by jury.” Constitution of the United States.—“The trial of all crimes, except in case of impeachment, shall be by jury.” Declaration of Independence.—“For quartering large bodies of armed troops among us.” Constitution of the United States.—“No soldier shall in time of peace, be quartered in any house without the consent of the owner.” Declaration of Independence.—“For imposing taxes on us without our consent.” Constitution of the United States.—“Congress shall have power to levy and collect taxes.”

95.

On December 2, 1917, in New York City, in a meeting of men who called themselves Bolshevists and I. W. W.'s, the following paragraph was an introduction to a set of resolutions drawn up: “We are the Bolshevists of America. We denounce governments, institutions and society; we hail social revolution and the destruction of the existing order of things.” In the preamble to the Constitution of the Independent Workers of the World (I. W. W.) we find this statement: “The working class and the employing class have nothing in common. Between these two classes the struggle must go on, until the workmen of the world organize as a class, take possession of the earth and the machinery of production, and abolish the wage system. Our motto is—The abolition of the wage system.” How foolish is the above statement that the working class and the employing class have nothing in common. The truth of the matter is that they have everything in common. Every employer—almost without exception—was once a workman. He was a successful workman, therefore he became more than a workman—he became an employer. Furthermore, workmen cannot exist without employment. Neither can employers exist without the workmen. They are not only each concerned in the welfare of the other; neither can exist without the other. The following is another passage taken from the resolutions drawn up by the Bolshevists in which they say the general strike is their weapon of defense: “We will strike for a six hour day, then for a four hour day, then for a two hour day, with increased wages all the time, and then we will be strong enough to take everything and work no more.” We wonder how any sensible man can believe such logic as this. Was it not Saint Paul who said that if any man would not work neither should he eat. The Socialist party platform of 1912 declared in favor of the abolition of the United States Senate, the amendment of the Constitution of the United States by a majority vote of the people, the election of judges for short terms of office, the denial of the right of the U. S. Supreme Court to declare the acts of Congress void.

96.

Article V of the Constitution of the United States provides for the amendment of that fundamental law of the country. It says amendments may be proposed by a bill for amendment being introduced into either house of Congress and passing each house by a two-thirds vote, or secondly, by the State legislatures of two-thirds of the States demanding that Congress call a national convention in which amendments may be proposed. If these proposed amendments are ratified by the legislatures of three-fourths of the States or by conventions called in three-fourths of the States, they become an integral part of the Constitution.

97.

Some of this good legislation includes: Child Labor Laws; Workmen's Compensation Laws; Industrial Insurance for Workingmen; Compulsory Education; Pure Food Laws; Better Sanitary Conditions in Factories; Safety Appliances; Free Medical Inspection for School Children; and Care of the Poor.

98.

If you read carefully the fifth article of the Constitution of the United States, you will learn that the Constitution may be amended either by the people's representatives who sit in Congress, and in State legislatures, or by the legislatures of the States demanding that a National convention shall be called in which the people may choose the members Which ever method of amending the Constitution is used, it is the people who exercise the power of changing the Constitution.

99.

Every teacher in every public school ought to feel in duty bound to teach the fundamental principles of the Constitution to all the children in the school. A recitation period ought to be set aside each day for the study of civics of the community, of the locality, of the State, and of the United States. Every pupil in every public school ought to feel proud of the opportunity to learn how his government is made and how his government works, how he may become a helpful citizen by being an intelligent voter when he comes to be a man. Adult people ought to organize civic clubs in the community for the discussion and study of questions of government and politics.

100.

The following suggestions have been made by good, honest people who have their country's welfare at heart. Thus far the people as a whole have not advocated their adoption, but some of them may be made part of the Constitution in time to come. a. The direct popular election of President and Vice President of the United States. b. The adoption of the initiative, referendum, and recall in the National government. c. Federal legislation governing both marriage and divorce throughout the Nation. d. Federal jurisdiction over all cases affecting foreigners—for example in instances like the Italian riot in New Orleans, or in the Japanese problem on the Pacific coast.

101.

The following is a brief outline of the various attempts at union among the colonies. (a) 1643-1684—New England Confederation: Massachusetts Bay; Plymouth; Connecticut; New Haven. (b) 1684—Albany Council. (c) 1690—First Colonial Congress. (d) 1696—William Penn's Plan. (e) 1701—Robert Livingston's Plan. (f) 1722—Plan of Daniel Cox. (g) 1754—Plan of Rev. Mr. Peters. (h) 1754—Plan of the Lords of Trade. (i) 1754—Albany Plan. (j) 1765—Stamp Act Congress. (k) 1774—First Continental Congress. (l) 1775—Second Continental Congress. (m) 1781—Congress of the Confederation. (n) 1787—The Federal Convention. (o) 1789—The New Government. The chief reasons keeping the colonies apart were: 1. Natural geographical divisions—North, Middle, and South. 2. The great differences in size—Virginia many times larger than Rhode Island. 3. The instinct of local self government. 4. Character of settlers and the motives in making settlements. 5. The slave question, especially after 1750. 6. Their different forms of government—Royal, Proprietary, Charter. The very first attempt at constitution making in the colonies was the Mayflower Compact, adopted on board the ship Mayflower before landing on December 20, 1620. It reads as follows: “We, whose names are underwritten, the loyal subjects of our dred soveraigne King James, by the grace of God, of Great Britain, France and Ireland King, defender of the faith, etc. having undertaken, for the glory of God, and advancement of Christian faith and honor of our king and country, a voyage to plant the first colony in northern parts of Virginia, do, by these presents, solemnly and mutually, in the presence of God, and of one another, covenant and combine ourselves together into a civil body politic, for, our better ordering and preservation and furtherance of the ends aforesaid; and, by virtue hereof, to enact, constitute, and frame, such just and equal laws, ordinances, acts, constitutions and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony. Unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names, at Cape Cod, the 11th of November, in the year of the reign of our sovereign lord, King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth, Anno Domini.” The first real attempt at formal constitution making was the “Fundamental Orders of Connecticut”, 1639. These “Orders” formed an elementary constitution with three departments of government and the duties and powers of each department fairly well set forth. The Fundamental Orders are frequently referred to as the first written constitution in America. The Articles of Confederation were made by the thirteen States in the name of the States. The Constitution was made by the delegates of the people in the name of the people of the United States. The first was a compact or friendly agreement; the second was a contract or binding union.

102.

Great modifications have been made in nearly all of the State Constitutions, an excellent analysis of which may be found in Bryce's American Commonwealth (Third Edition), Vol. I, p. 443.

103.

Since the alliance of the original thirteen States, thirty-five have been admitted into the Union by acts of Congress either directing the people to select delegates and enact a Constitution or accepting a Constitution already made by the people. An illustration of the former method of procedure is offered in 25 U. S. St. at L. 676 c 180, providing for the admission of North Dakota, South Dakota, Montana, and Washington into the Union, and of the latter in 26 U. S. St. at L. 215 c 656; 222 c 664, providing for the admission of Idaho and Wyoming. “Of these instruments (State Constitutions), therefore, no less than of the Constitutions of the thirteen original States, we may say that although subsequent in date to the Federal Constitution, they are, so far as each state is concerned de jure prior to it. Their authority over their own citizens is nowise derived from it.”—Bryce's American Commonwealth (Third Edition), Vol. I, p. 431.

104.

“A constitution is an instrument of government, made and adopted by the people for practical purposes, connected with the common business and wants of human life. For this reason pre-eminently every word in it should be expounded in its plain, obvious and common sense.”—Per Allen J., in Peo v. New York, Cent. R. Co., 24 N. Y. 485, 486.

105.

Legislatures cannot change Constitutions. “I consider the people of this country as the only sovereign power. I consider the legislature as not sovereign, but subordinate; they are subordinate to the great constitutional charter, which the people have established as a fundamental law and which alone has given existence and authority to the legislature.”—Per Roane, J. in Kanper v. Hawkins, 1 Va. Cas. 20, 86.

106.

“Some of the state constitutions provide for periodically submitting to the voters the question whether a convention shall be called to revise and amend the constitution. Regardless of whether or not provision is made for periodical resubmission of the question of calling a convention, the constitutions usually provide that the legislature may, of its own volition, submit to a vote of the people the question whether a convention shall be called, and subject to any existing constitutional limitations, may prescribe the time and manner of electing delegates to such convention.”

107.

Teachers and school officers can perform no higher duty, can render no greater service to America, than to encourage the use of school buildings for public gatherings. They should be real community centers. In the city of Minneapolis, the Superintendent of Schools has recently reported that for the year ending July 1st, 1920, there were 5070 meetings held in the public school buildings, with a total attendance of 325,734 persons. There were 1434 cultural meetings, 751 civic sessions, 2501 recreative gatherings, and 334 social festivals. Rural consolidated school buildings ought always be planned for civic centers as well as school-houses. They ought to provide a large assembly hall where community gatherings may be held. They ought to provide a large and well equipped gymnasium where both children and adults may enjoy athletic contests and indoor games. These buildings ought to be open to the people every evening during the week if the attendance warrants.

108.

One mark of good citizenship is the respect shown to emblems of authority. All good citizens rise to their feet and remain standing during the playing or singing of the National anthem. We ought to cultivate such habits until they become reflex: i. e. until we do them as a matter of course without being told by the teacher in school or by the leader of the choir or some other person. Every school boy and girl ought to commit to memory the words of the Star Spangled Banner and of America. The teacher can make the singing of patriotic songs and the learning of patriotic poems and speeches a part of the opening exercises of the school. Poems and speeches learned in childhood will generally remain with us throughout life.

109.

Radicalism of thought and action can generally be traced to the segregation of the people into small groups where the individual is alone in his thinking. Association and cooperation tend to break up individualism. Where men and women come together in thought and consideration, there is always developed a tendency toward moderation. Our present day complex society demands that every individual yield something for the good of the whole community. The yielding process is a moderating process. Anarchy stands for the division of society into individuals where each individual becomes selfish and dominating over others around him. Loyalty to the Nation and the State requires that the individual shall coöperate with his neighbor and that he shall work in harmony with other people in the community. If people would more often assemble and discuss the needs of the entire community and how each may help to make the entire community better, we would have less of class distinction and more of social harmony and of economic prosperity.

110.

Republican government is government by the people through their chosen representatives. Republican government can only be good government and effective government, when every qualified voter will assume his full duty in helping carry on the government. This duty is exercised through the casting of an intelligent ballot on election day. In the presidential election of 1908 the percentage of qualified voters actually voting ranged from 15.8 per cent to 88.1 per cent, the average for all States being 60.5 per cent.

111.

In colonial times in America there was nothing like universal manhood suffrage. One-half of all the colonies required church membership for a suffrage right. By about 1700 all colonies required ownership of property for voting. This was not entirely abolished until about 1850. The State of Rhode Island still requires property to the extent of $134 for voting in municipal elections. The colony of Virginia required the holding of a freehold of fifty acres of land without a house, or twenty-five seres of land with a house at least twelve feet square. Pennsylvania required a freehold of fifty acres with twelve acres improved. In most colonies a greater property qualification was required for voting for members of the upper house of the legislature than for members of the lower house. Several colonies and early States limited office holding to Protestants. The Constitution of the United States now declares that no State shall deny to any person the right to vote because of race, color, or previous condition of servitude, or because of sex. The Nineteenth Amendment enables women to vote on an equality with men. A State may add further qualifications for voting, but no State may deny the right to vote for any of the above reasons. Several States have added literacy tests for voting, and others have denied the right to vote to such as are insane or who have been convicted of crime, unless pardoned by the Governor. A few States deny suffrage to those whose taxes are delinquent.

112.

The following countries of the world have equal suffrage: New Zealand, 1893; South Australia, 1895; West Australia, 1900; The Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904; Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913; Norway, 1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark, 1915; England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919; Luxemburg, 1919; Germany, 1919; Austria, 1919. In no other country in the world is the right of suffrage more fully granted than in the United States since the adoption of the Nineteenth Amendment.

113.

“Any government is free to the people under it (whatever be the frame) where the laws rule and the people are a party to those laws.”—William Penn.

114.

“It is, Sir, the people's Constitution, the people's government, made for the people, made by the people and answerable to the people.”—Daniel Webster.

115.

“In truth success cannot be expected from any system of government unless the individuals who compose the State entertain the respect for the personal rights and liberties of all.”—David Jayne Hill.

116.

“We cannot, we must not, we dare not, omit to do that which, in our judgment, the safety of the Union requires.”—Daniel Webster.

117.

“Americanization always implies obligation; free choice determines its acceptance, and its extension must come through avenues of intelligent comprehension rather than through physical or governmental domination.”—Winthrop Talbot.

118.

“The fundamental evil in this country is the lack of sufficiently general appreciation of the responsibility of citizenship.”—Theodore Roosevelt. Teachers of children may well place greater emphasis on ideals, character, and personality as factors in the making of a Nation. Teachers ought to lay greater stress on biography in the teaching of history, civics, and citizenship. Teach children both to know and to love Washington, Lincoln, and Roosevelt. Teach older pupils and students to realize that the aims, ideals, and achievements of a Nation can never be higher than the aims, ideals, and achievements of the individuals comprising that Nation. To know the lives and characters of America's great men and women is to know American history, for they made American history what it is. Young people enjoy the study of great characters. We all retain a love for heroes and heroines however old we grow. Such study adds color and life to history and government and humanizes the entire subject. Teach lives and institutions rather than mere facts. Inculcate into the lives of boys and girls, and of men and women, a love for our country, for the men and women who made it, and for the institutions in which they have a part. Teach them that patriotism and loyalty are not duties only, but are rather the highest privileges given to the people of a republic.