CITIZEN OR SUBJECT? BY FRANCIS X. HENNESSY OF THE NEW YORK BAR [Illustration] “... _that this nation, under God, shall have a new birth of freedom; and that government of the people, by the people, for the people, shall not perish from the earth._” NEW YORK E. P. DUTTON & COMPANY 681 FIFTH AVENUE Copyright, 1923 By E. P. Dutton & Company _All Rights Reserved_ PRINTED IN THE UNITED STATES OF AMERICA AUTHOR’S NOTE Quotations from the Constitution of the United States are from the “Literal Print,” Government Printing Office, Washington, D. C., 1920. The abbreviation “Ell. Deb.” refers to Elliot’s Debates, 2nd Edition, 5 vols., J. B. Lippincott & Co., Philadelphia, 1866. The “Federalist” is quoted from the Lodge Edition, G. P. Putnam’s Sons, New York, 1894. Wherever italics or capitals are used in a quotation and not directly stated to be those of the original author, they are the italics and capitals of the present writer. Where the present writer interpolates his own words in a quotation, they are included in square brackets. PREFACE Many Americans are interested in the Eighteenth Amendment. Millions are interested in the American citizen. It seems not to be known that the existence of one flatly denies the existence of the other. This is not theory. It is plain statement of a very simple fact. If there is an American citizen, the Amendment never entered the Constitution. On the contrary, if the Amendment is in the Constitution, there never has been an America or an American citizen. Throughout this book the nation of free men is called “America.” This is done to distinguish the nation from the federation of states already existing and known as the United States, when the whole American people created the nation and continued the federation as a subordinate part of one system of government. The federation of states was proposed in 1777 and had complete existence in 1781. The nation of men was created in 1788. On January 14, 1922, there was opened at Williamsburg, Virginia, the Marshall-Wythe School of Government and Citizenship. Judge Alton B. Parker, former Chief Justice of the New York Court of Appeals and a former candidate for President, delivered the opening address on “American Constitutional Government.” His eloquent address has since been made a public document and printed in the _Congressional Record_. In it, he warned us of the danger to America from those who do not understand our form of government and are coming here to destroy it.