The Short Constitution Part 10

But it is important to bear in mind that the great principles of the Const.i.tution of the United States have been carried into the Const.i.tutions of the various States, and that the rights and privileges of the people under the Const.i.tution of the United States have also to a large extent been guaranteed by the Const.i.tutions of the States.(50)

This morning we take up a const.i.tutional guaranty which you perhaps have not thought much about, but which is one of the most important in the whole Const.i.tution-_Freedom of Wors.h.i.+p_. The Const.i.tution provides:

_"__Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.__"_(51)

As we look back through the history of the world we are startled to find that this was the first written guaranty that the people of any nation ever had permitting them to wors.h.i.+p G.o.d according to the dictates of their own conscience.(52)

Now some of you may not realize how important this is; but there is nothing so dear to the human heart as the right, the privilege, of belonging to that church and wors.h.i.+pping G.o.d in that manner which each individual may desire. We do not realize the value of such a privilege until some one, or some power, seeks to take it away from us. All through the world men and women and children have fought, and many of them have died, for this privilege. It was the custom of the nations of the world before our Const.i.tution to have an established religion, a National religion, and in many of the countries it was the law that every one must belong to the state church, and must actually believe in the religion of the state. In fact, in many countries, refusal to believe in the religion of the state was punished by death-sometimes by burning to death, and I am sure you will be surprised to realize that while America was first settled by people who were seeking religious freedom, they were still so imbued with a feeling of the old days that persons must wors.h.i.+p, not as their conscience might dictate, but as the state might dictate, that for many years in this country in certain of the colonies a state religion was recognized, and obligation to conform to the established religion enforced by severe penalties.

In the colony of Virginia the established or state church existed, and it was the law that any person who did not conform thereto should be punished by burning to death. This is startling, isn't it, to hear of such a brutal law upon American soil? Virginia afterwards became the pioneer in legislation establis.h.i.+ng freedom of wors.h.i.+p, but it took the most strenuous efforts of Thomas Jefferson through many years to finally wipe out these cruel laws and establish freedom of wors.h.i.+p.(53)

The Virginia statute granting absolute freedom of wors.h.i.+p was the first ever adopted in the history of the world by any state or nation, the first guaranty of the right. Freedom of wors.h.i.+p had existed before this in Maryland under the generous rule of Lord Baltimore, but the first formal statute was adopted in Virginia.

Now your teachers tell me that in this school the pupils belong to sixteen different churches. I suppose each one of you thinks that the church to which he belongs is better than any of the others. I hope you do. I hope that every child is sincere in his religious belief, whatever it may be.

But how would you feel if some representative of the State should come here this morning, and announce that a law had been pa.s.sed by which every pupil must belong to the Baptist, the Methodist, the Catholic, or the Jewish church? How would you feel if a law were to be read to you which provided that unless you changed your religious belief and adopted some other, you would be burned to death out here on the hillside? You can hardly believe that such a thing would be possible in any age of the world; and yet never forget that the foregoing provision which I have read from the Const.i.tution of the United States was the first declaration of the right of the people of a whole Nation to wors.h.i.+p G.o.d according to their own will, their own conscience.

The declaration of this great right by the Const.i.tution of the United States has been in full force ever since the adoption of the Const.i.tution, not only as a National law, but similar provisions have been made the policy, usually by the Const.i.tution, of every State in the Union. What a glorious thing it is to live in a Nation and in an age where no man, no state, and no power can tell you what to believe, or how to express your belief, what church you shall attend, or in what manner you shall express your religious faith.

Not only this, but this const.i.tutional guaranty protects every one in his right to belong to no church if he so elects. The soul is free. No power can compel one to belong to any church, nor in any manner to hold or exercise religious faith, or religious duty or obligation. _In other words, men are free_, and this freedom, aside from any other guaranty of the Const.i.tution, should make us all feel affection and veneration for this great charter of human liberty.

But freedom of wors.h.i.+p is only one of the many rights and privileges guaranteed to the people-to all the people.

Another great natural right-G.o.d given right-is firmly and finally established:

"_Congress shall make no law ... abridging the freedom of speech or of the press._"(54)

Here again remember, when you are thinking of what you owe to your country, that this declaration of the Const.i.tution was the first in all the history of the world by which a Nation guaranteed to all the people the right freely to express their thoughts in words or in writing. This was the first time the chains were taken from the human intellect. No one will ever be able to number the men and women who, throughout the history of the world, were condemned to death, because they dared to express their sentiments. If Patrick Henry had delivered his famous speech in which he said, "Give me liberty, or give me death", in England rather than America, he would have been promptly punished. Hundreds of the colonists would have been hanged by the British government if they had expressed themselves in the mother country instead of in the new world. Kings to hold their power in the old world, to keep the people so terrorized that they would submit to their will, made the practice of hanging or beheading those who freely spoke their sentiments against the government.(55)

Of course under the old laws those who expressed their religious convictions in opposition to the state church by speech or writing were usually promptly imprisoned, hanged, or burned.

Now do not have any misunderstanding about this guaranty of freedom of speech and of the press. We often hear complaints of certain people about certain laws punis.h.i.+ng those who abuse the privilege of free speech; but there is no law of State or Nation which prohibits the speaking or writing of anything in this country. Men may speak and write what they will; but there are some laws punis.h.i.+ng those who abuse this great privilege to the injury of another person, or to the injury of the Nation. Of course no one would feel that it was right to allow another to write libelous articles about your neighbors. You would not feel that it would be right to permit some vile person to write false and vicious articles about your mother or your father; and yet any one may do so. They cannot be prohibited or enjoined from doing so, but they may be punished after doing so, after they have been tried in a court and found guilty of libel by a jury of their fellowmen.(56)

So if one writes a threatening letter to your father, telling him that he will kidnap his child unless he pays ten thousand dollars by a certain time, such person is exercising his const.i.tutional right to freedom of expression, but no one would think that it was right to permit him thus to abuse his const.i.tutional right without being punished for it; and consequently such person may be arrested and tried, and if found guilty, punished.

So in these later days it has been found wise, not to prohibit persons from giving expression to their views about our government, but to punish those who show by their words or writing that they are rebels against our government, endeavoring by their words to cause a revolution, to incite people to use force, bombs, or the torch to destroy our government.

No one can ever be punished for criticising our government, or any of the officers of our government, so long as he does not undertake to destroy our government, and I am sure that you would not think it right to permit any one to destroy the government controlled by ourselves which has brought to us so many blessings. Nearly every one agrees that if a person should use bombs or the torch in an effort to cause revolution and destroy our form of government, such a person should be punished; but there are a few who think that they should not be punished until they actually begin destruction. Of course we cannot agree with them. The man who goes out on the street corner and advocates the use of the bomb and the torch to destroy our government, who arouses pa.s.sions willfully with the purpose of destroying the government, is doing just as much wrong as is done by the person who follows his advice and uses the bomb and the torch. In fact the man who advocates revolution and destruction, who preaches the use of the bomb and the torch, who plants the poison in the hearts of his fellowmen, and incites them to revolutionary action is more guilty of wrong than are those who, stirred by his appeals, carry out his wishes.

In punis.h.i.+ng those who thus violate every principle of loyalty, patriotism, and right the const.i.tutional provision is in no manner modified. The worst revolutionist has the freedom of speech and of the press guaranteed to him. The law which punishes him does so only because under the protection of the Const.i.tution, he commits a crime against his country and against humanity.

America has done more than any other nation in the world in the cause of educating the common people. It should exercise care that the people should be educated in the true spirit of America, that their minds should not be poisoned by the vicious teachings of those, not Americans at heart, who seek to poison souls and rob the people of their patriotism and of their loyalty.

In the olden days so tyrannical was the king that in many instances when the people complained of their burdens and sought rights and privileges they were punished for daring to seek relief. The king would usually give them what he thought they ought to have and would not listen to complaints. One of the rights which the people always hoped for was the privilege of a.s.sembling, meeting together, talking over their troubles, drawing up a pet.i.tion, signing, and presenting it, praying "a redress of grievance". When the representatives of the people met in the Const.i.tutional Convention in Philadelphia they had before their minds the things that the people had suffered under old forms of government and it was their earnest effort to provide const.i.tutional guaranties which would prevent the abuses to which the people were compelled to submit in the old world. Therefore one of the provisions of the Const.i.tution of the United States is the following:

"_Congress shall make no law ... abridging ... the right of the people peaceably to a.s.semble, and to pet.i.tion the Government for a redress of grievances._"(57)

Under this const.i.tutional guaranty the people have the right to a.s.semble peaceably at any time or place, to talk over their troubles, and to draw up a pet.i.tion to the government seeking relief from unjust burdens. Where they a.s.semble peaceably there is no officer of the government and no court that can interfere with them; and when they pet.i.tion the government they cannot be reprimanded or punished in any way. Of course under our representative government where the people themselves select those who make the laws, the necessity for a.s.sembling and drawing up pet.i.tions is not so great. Yet in Congress and in the legislatures of the various States nearly every day pet.i.tions come in from some body of people urging the adoption of a certain law or objecting to a certain proposed law. If you were in Congress or in the legislature you would probably see some member arise and say, "Mr. Speaker, I present the pet.i.tion of the people of my district objecting to the pa.s.sage of Bill No. 781, which I desire to have made part of the record", and the Speaker, who is the presiding officer, would respond in substance, "the request of the gentleman will be granted and the pet.i.tion will be made part of the record".

What I desire especially to impress upon you this morning is the value of this right and the failure of our people to take advantage of the privilege granted. This being a government by the people and the laws being made by their agents, these agents of the people, members of Congress and of the State legislatures, cannot carry out the will of the people unless they know what the people want. Ask your father when you go home whether or not he has ever written to the member of Congress from this district telling him about some law he would like to have pa.s.sed or about some proposed law he would like to see defeated. The truth is that there are large numbers of people in this city who do not even know the name of their congressman, or representative in the legislature of the State. They do not pay any attention to such things, yet when the legislature or Congress pa.s.ses a law they are always ready to criticise and condemn, despite the fact that before it was pa.s.sed they did not take interest enough to give an expression of their views to those who were trying to follow the wishes of the people. From time to time the people should a.s.semble in every community to talk over government matters, their matters, the things that come most close to them in life. You will find men and women meeting every month in their lodges and clubs, discussing all sorts of things, music, art, and literature, but we find hardly any organized meetings for the discussion of the big things in life, our liberties, our rights, and our duties as citizens of this free republic. I hope to see the time when there will be community centers and regular a.s.semblies, not for amus.e.m.e.nt but for serious discussion, serious thought, and earnest cooperation in the affairs of the city, State, and Nation.

There is so much complaint in these days that it would be of great value at these a.s.semblies to allow every person who has a grievance against the government or any branch of the government to present it for discussion.

The rights and duties of each individual in government are of importance to every other person, and there should be frankness, honesty, and earnestness in every discussion of grievance and remedies, so that public sentiment may be developed. Government in a democracy is government by the sentiment of the people; and the sentiment of the people can only be created and manifested by talking over the things in which all people are interested-the problems of life, liberty, and happiness.

ELEMENTARY QUESTIONS

1. Which colonists came to America to avoid religious persecution?

2. Why do people fight and die for their religious beliefs?

3. In what ways were people persecuted for their religious beliefs?

4. Where was the first statute granting absolute freedom of wors.h.i.+p pa.s.sed?

5. Why is it a good thing to have freedom of speech?

6. Name some famous Americans who have been outspoken in saying what they thought.

7. Can you publish in the paper a statement that Mr. X is a burglar? If so, can you be punished if your statement is not true? If so, how can you have freedom of speech?

8. Is the Const.i.tution of the United States in force in all the States of the Union?

9. Are there other const.i.tutions which the people of different States must observe?

10. Why did the people want the right to a.s.semble?

11. Do you know of any countries where they do not allow it?

12. Do you know of anyone who ever sent a pet.i.tion to a State legislature?

To Congress? What was it like?

13. How many a.s.semblies of people and pet.i.tions help to make our representatives do what we want them to do?

ADVANCED QUESTIONS

A. Name the places in the world, where to-day there is religious persecution.

B. Describe the conditions in Armenia.

C. What are the real advantages of religions liberty?

D. Just how would it affect a person if freedom of speech were not allowed?

E. How may the right to freedom of speech be abused?

F. During the recent war, men were punished for what they said under what is known as the Espionage Act. How can this be reconciled with freedom of speech?

G. Discuss the method of organizing a community meeting.

H. Discuss the method of preparing a pet.i.tion.