Prohibition Of Titles And Foreign Gifts—Treason, Its Trial And Punishment

America is a democracy. It was the plan from the beginning that it always should be a democracy. The human race had suffered much from royalty, from kings and emperors, and queens and princes. Human nature is weak. We are all more or less attracted by people with titles. Story books which we read in childhood exalt the “lords” and “ladies” and “princes”, and I regret to say that the history of lords and ladies and princes does not always justify the pictures which our story books would paint for us.

The men who framed the Constitution had just finished a life and death struggle with royalty—a struggle between the people and a king, and the people had won. They were determined that the blighting influence of royal power should never again find a place on American soil. Therefore they put into the Constitution:

“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”88

Never before in the history of the world was such a bold thing done. These words reflect the spirit of the Revolution. They mark the turning point in the history of human governments. They proclaim the final establishment of the government by the people—the first real government by the people that the world ever knew.

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I wonder if those who criticise the government of America who complain that in this country the people have no chance, ever read these glowing words of our Constitution. It isn't so much the words, but the spirit in which they were made a part of our Constitution, the spirit in which the young Nation proclaimed to the world eternal separation from kingly power.

I find all through the Constitution an expression of grim determination to fortify the Nation against any influence which would weaken the supreme power of the people, which would in any way interfere with the plan to make this a government by the people.

In many provisions of our Constitution we find expressions which show how humane America is.

We hate treason. In fact there is no crime so dark, so awful, as treason. But in the history of the world, treason has meant many things, and unfortunately treason has been made not only the instrument of those who sought the destruction of the governments, but it has sometimes been made the instrument of tyrants in suppressing the rights, and in crushing the hopes of the people. It all depends on what is meant by treason.

In the olden days we find men charged with treason when the offense was in fact very slight—perhaps a just resistance to the king, perhaps merely an assertion of natural human right against the king.

The government of the United States being intended to protect the liberties of the people, the Constitution put a bar against prosecution for treason, except where the accused was actually an enemy of his country, endeavoring to aid in the destruction of his country. We are here told what treason is:

“Treason against the United States, shall consist only in [pg 157] levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

“The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person Attainted.”89

We see all through the Constitution a splendid spirit of justice, and a spirit of charity, even toward the guilty. By this article of the Constitution, not only is treason defined, but any conviction of a person for treason must be upon the testimony of at least two witnesses to the same act, or upon a confession in open court.

The innocent must not be punished; and the guilty, when convicted, shall alone bear the punishment. Treason being such a grave offense, Congress may, if it so desires, provide very severe penalties, but it cannot attaint the blood, so that the children or the grandchildren of the guilty person shall suffer as in the olden days; nor shall the right of forfeiture of property obtain, except during the life of the person guilty of treason.

No one objects to any penalty, however severe, where treason is proved, but it is contrary to the spirit of America to brand the innocent descendants of one who is guilty of a crime. Of course the children of the guilty will always bear a certain degree of reproach from their fellowmen, but it is not fair that they should be visited with penalties for an offense which they themselves never committed. It is the spirit of America that each person shall enjoy any position in life which he may win by merit and honest endeavor, and no obstacle should be placed in his way by the wrong of an unfortunate ancestor.

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ELEMENTARY QUESTIONS

1. America is a democracy. Why does this mean so much?

2. What does that phrase bring to mind?

3. Why did we abolish all titles of nobility?

4. What is treason?

5. Why is it limited so carefully?

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ADVANCED QUESTIONS

A. What was the real purpose of abolishing all titles of nobility?

B. Why did the founders of the Constitution refuse to permit our representatives to accept gifts from abroad?

C. What acts are treason to-day?

D. Show how these provisions make for democracy?

E. Write a paper on the following:

An Illustration of an Act of Treason During the World War

How A Person May Obtain a Responsible Position in Life

Laws Which Retard Advancement in Life

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