An Ordinary Citizen Of The United States,
If Asked, Would Probably Say That It Included That Description Of
Franchise Which I Have Called Universal Suffrage.
Such, however,
was not the meaning of those who framed the Constitution.
The
ordinary citizen would probably also say that it excluded the use of
a king, though he would, I imagine, be able to give no good reason
for saying so. I take a republican government to be that in which
the care of the people is in the hands of the people. They may use
an elected president, a hereditary king, or a chief magistrate
called by any other name. But the magistrate, whatever be his name,
must be the servant of the people and not their lord. He must act
for them and at their bidding - not they at his. If he do so, he is
the chief officer of a republic - as is our Queen with us.
The United States Constitution also guarantees to each State
protection against invasion, and, if necessary, against domestic
violence - meaning, I presume, internal violence. The words domestic
violence might seem to refer solely to slave insurrections; but such
is not the meaning of the words. The free State of New York would
be entitled to the assistance of the Federal government in putting
down internal violence, if unable to quell such violence by her own
power.
This Constitution, and the laws of the United States made in
pursuance of it, are to be held as the supreme law of the land. The
judges of every State are to be bound thereby, let the laws or
separate constitution of such State say what they will to the
contrary. Senators and others are to be bound by oath to support
the Constitution; but no religious test shall be required as a
qualification to any office.
In the amendments to the Constitution, it is enacted that Congress
shall make no law as to the establishment of any religion, or
prohibiting the free exercise thereof; and also that it shall not
abridge the freedom of speech, or of the press, or of petition. The
government, however, as is well known, has taken upon itself to
abridge the freedom of the press. The right of the people to bear
arms shall not be infringed. Then follow various clauses intended
for the security of the people in reference to the administration of
the laws. They shall not be troubled by unreasonable searches.
They shall not be made to answer for great offenses except by
indictment of a grand jury. They shall not be put twice in jeopardy
for the same offense. They shall not be compelled to give evidence
against themselves. Private property shall not be taken for public
use without compensation. Accused persons in criminal proceedings
shall be entitled to speedy and public trial. They shall be
confronted with the witnesses against them, and shall have
assistance of counsel. Suits in which the value controverted is
above twenty dollars (4l.) shall be tried before juries. Excessive
bail shall not be required, nor cruel and unusual punishments
inflicted. In all which enactments we see, I think, a close
resemblance to those which have been time honored among ourselves.
The remaining amendments apply to the mode in which the President
and Vice-President shall be elected, and of them I have already
spoken.
The Constitution is signed by Washington as President - as President
and Deputy from Virginia. It is signed by deputies from all the
other States, except Rhode Island. Among the signatures is that of
Alexander Hamilton, from New York; of Franklin, heading a crowd in
Pennsylvania, in the capital of which State the convention was held;
and that of James Madison, the future President, from Virginia.
In the beginning of this chapter I have spoken of the splendid
results attained by those who drew up the Constitution; and then, as
though in opposition to the praise thus given to their work, I have
insisted throughout the chapter both on the insufficiency of the
Constitution and on the breaches to which it has been subjected. I
have declared my opinion that it is inefficient for some of its
required purposes, and have said that, whether inefficient or
efficient, it has been broken and in some degree abandoned. I
maintain, however, that in this I have not contradicted myself. A
boy, who declares his purpose of learning the AEneid by heart, will
be held as being successful if at the end of the given period he can
repeat eleven books out of the twelve. Nevertheless the reporter,
in summing up the achievement, is bound to declare that that other
book has not been learned. Under this Constitution of which I have
been speaking, the American people have achieved much material
success and great political power. As a people they have been happy
and prosperous. Their freedom has been secured to them, and for a
period of seventy-five years they have lived and prospered without
subjection to any form of tyranny. This in itself is much, and
should, I think, be held as a preparation for greater things to
follow. Such, I think, should be our opinion, although the nation
is at the present burdened by so heavy a load of troubles. That any
written constitution should serve its purposes and maintain its
authority in a nation for a dozen years is in itself much for its
framers. Where are now the constitutions which were written for
France? But this Constitution has so wound itself into the
affections of the people, has become a mark for such reverence and
love, has, after a trial of three-quarters of a century, so
recommended itself to the judgment of men, that the difficulty
consists in touching it, not in keeping it. Eighteen or twenty
millions of people who have lived under it, - in what way do they
regard it? Is not that the best evidence that can be had respecting
it? Is it to them an old woman's story, a useless parchment, a
thing of old words at which all must now smile?
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