Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
The first step of the representatives of the people of Virginia toward
a declaration of independence of the British crown, and the setting up
an independent government, was the adoption of a declaration of rights
in the individual which no government should infringe. This was
adopted and promulgated sometime before the constitution proper was
framed. The statement was declared to be necessary in order that the
government might be "effectually secured against maladministration."
Similar limitations upon the powers of the government were imposed in
the early constitutions of Massachusetts, New Hampshire, New Jersey,
Delaware, Pennsylvania, Maryland, North Carolina, and South Carolina;
also in the first constitution of Connecticut in 1818, and in the
first constitution of Rhode Island in 1842. The people of New Jersey
in 1844 made the limitations more definite, and the people of Maryland
imposed additional limitations in 1864. The people of New York did not
in their first constitution of 1777 expressly in terms guarantee
individual rights, but they impliedly did so by making the Declaration
of Independence the preamble, and in their constitution of 1821 they
incorporated an explicit statement of individual rights not to be
infringed. The example of the original states in this respect has been
followed by most of the subsequent states of the Union.
In 1778 a convention chosen to draft a constitution for Massachusetts
submitted a draft to the people, who rejected it by a large majority
mainly because it did not contain a "Bill of Rights." To quote from
Harry A. Cushing, a writer on the History of Commonwealth Government
in Massachusetts, "No demand was more general than that for a Bill of
Rights which should embody the best results of experience." In 1780 a
second convention submitted another draft of a constitution containing
the famous Massachusetts Declaration of Rights, and this the people
adopted by a majority of more than two to one. The only objection
urged against the Declaration of Rights was that it did not go far
enough.
Public-domain text, read in full here on John Shaqi.
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