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The Short Constitution

The Story Of The Colonists In The Declaration Of Independence

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When we first read over the numerous guaranties of the Constitution protecting the American people in their rights, we sometimes wonder why certain provisions were inserted in the Constitution. Being born here in America, never having been compelled to submit to the abuse of arbitrary power, and always having lived under the Constitution, and always being guarded by its provisions against the abuse of power, we can hardly understand why it was necessary to make so many provisions against things which we can hardly imagine ever happened in human government.

Whenever you have a chance, read somethings of the governments of the world under kings or other absolute rulers. In fact, 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 ago.

While we have in mind the guaranties of our Constitution, it is well for us to have clearly in mind some of the definite things which the framers of the Constitution had before them, 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 endure. You can hardly imagine what little regard or consideration was given to human rights in those old days now almost forgotten. I am not going to undertake to discuss the problems of government in different countries the world.93 The purpose which I have in mind can be fully [pg 166] served by a consideration of the government in this country under the king of Great Britain during the years preceding the Revolutionary War. You understand, of course, that even at that time a great advance had been made in recognizing certain rights of the people. In fact, 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 time. 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 king, and yet it was still a government by a king. It was a government under a king to which the colonies owed allegiance. It was government under a king against which the colonies finally revolted. It was government under a king which brought. about the Revolution. It was resistance to government under a king which inspired the heroes who won the liberty of the new world. 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 soil. I will not undertake to recite for you the things which the people were compelled to endure under this government of a king. I will let the people of the colonies tell their story. You remember that in 1776, after the beginning of the Revolutionary War, 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 king. It is one of the most dramatic recitals in history. Let these colonies tell their own story. I am not going to read the entire Declaration of Independence; I am simply going to read the recital therein of the wrongs which came to the people, the men, women, and children, the human beings, who up to that time were [pg 167] compelled to live here in America under the government of a king.

The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.

He has refused his assent to laws the most wholesome and necessary for the public good.

He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained, and, when so suspended, he has utterly neglected to attend to them.

He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature—a right inestimable to them, and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the repository of their public records for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly for opposing, with manly firmness, his invasions on the rights of the people.

He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the state remaining, in the mean time, exposed to all dangers of invasion from without, and convulsions within.

He has endeavored to prevent the population of these states; for that purpose obstructing the laws of naturalization of foreigners; refusing to pass others to encourage their migration hither and raising the conditions of new appropriations of lands.

He has obstructed the administration of justice by refusing his assent to laws for establishing judiciary powers.

He has made judges dependent on his will alone for the tenure of their offices and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance.

He has kept among us, in times of peace, standing armies, without the consent of our legislatures.

He has affected to render the military independent of, and superior to, the civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws, giving his assent to their acts of pretended legislation—

For quartering large bodies of armed troops among us;

For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states;

For cutting off our trade with all parts of the world;

For imposing taxes upon us without our consent;

For depriving us, in many cases, of the benefits of trial by jury;

[pg 168]

For transporting us beyond seas, to be tried for pretended offenses;

For abolishing the free system of English laws in a neighboring province; establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies;

For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our government;

For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated government here by declaring us out of his protection and waging war against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilised nation.

He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these oppressions we have petitioned for redress, in the most bumble terms; our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of a free people.

Now, if there be those who are not satisfied under the present government of America, let them reflect. Let them compare their rights to-day with the rights of the people subjected to the repeated “injuries and usurpations” so eloquently recited by those who founded this government, who adopted our Constitution which will forever bar any power from exercising “a design to reduce them (the people) to absolute despotism”.

Read through this catalog of wrongs endured by the people of the colonies. Then read through the guaranties of the Constitution. 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 independence.94

[pg 169]

I said that this recital is dramatic. It is also pathetic. Listen: “In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury.” Is it any wonder that the Constitution of the United States should provide that “Congress shall make no law ... abridging ... the right ... to petition the Government for a redress of grievances”?

Is it any wonder that we find in the Constitution guaranties of freedom of worship, freedom of speech and of the press, the right of the people to bear arms, the right of the people to be secure in their persons, houses, and papers, the right to a speedy jury trial when accused of crime, and the right to a trial in the district where the offense was committed instead of being sent beyond the seas? 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 him, shall have his witnesses brought into court at government expense, that excessive bail shall not be required, and cruel and unusual punishments shall not be inflicted, that slavery is forever abolished on American soil, that the property of every person, rich or poor is sacred, and that even the government of the United States cannot take it for public use without just compensation, that every person shall have equal protection of the law, and if wrongfully imprisoned he can secure his release by writ of habeas corpus. 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 born.

From the stirring story related by the people in the Declaration [pg 170] of Independence of the injustice which they had to suffer under a king, you can see how carefully future generations of people upon American soil were guarded by the Constitution against the wrongs which our forefathers had endured.

[pg 171]

ELEMENTARY QUESTIONS

1. When was the Declaration of Independence signed?

2. How long did the colonists of America continue under government by a king?

3. How did it happen to be drawn up?

4. Compare each sentence of this quotation (pages 167, 168) with the guaranties that you have discussed in class.

ADVANCED QUESTIONS

A. Discuss in detail the reasons for the coming of the American colonists.

B. Discuss in detail the contrasts noted in Note 2. Review the previous study with reference to our Declaration of Independence.

C. Write a paper comparing the solution found in the Constitution with the grievances noted in the Declaration.

D. Discuss a method by which this might be brought to the attention of the Socialists, Anarchists, and Bolsheviki who are criticising our government to-day.

[pg 172]

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