The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
Now, we come to guaranties of the right of the people to protection
against any trial, except the same be conducted in accordance with the
guaranties of the Constitution. These guaranties are for all persons,
young or old, rich or poor. You know sometimes the innocent are charged
with grave crimes. A crime is committed in the darkness of the night. The
criminal has fled. The first duty of the officers of the government—the
servants of the people—is to find the criminal so that he may be punished
for his wrongdoing. This is not an easy task, and no matter how careful
officers may be, mistakes are sometimes made and innocent persons are
arrested and charged with the offense. Bring this home to yourself,
because every one of these constitutional guaranties are for you, for each
of you, for your father, mother, brothers, and sisters. Keep this in mind.
Do not consider them as applying to somebody away off, some stranger in
whom you have no interest. _They apply to you._
Now suppose that to-night a murder should be committed, and to-morrow your
father should be arrested and charged with the crime of which he was
entirely innocent. It will be very important to him that he should have a
fair chance, a fair trial. His liberty would be at stake, and liberty
under the Constitution is a sacred thing. Thinking of liberty his mind
would naturally turn to the Constitution, and if he examined it, he would
find the following guaranty:
“_No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval __ forces, or in the Militia, when in
actual service in time of War or public danger._”(61)
Now you do not understand this, do you? And yet it is very simple. When a
man is arrested, he is brought before the court for trial. But how, and
before whom shall he be tried?
Remember that in America the enforcement of law is in the hands of the
people. Remember that this is a government by the people and that the
chief purpose of government is to protect the liberties of the people.
Here is your father’s liberty at stake. If he should be convicted of
having committed this murder, he might be hanged or sent to prison for
life, so it is very important to him that the investigation into the
charge against him shall be conducted in the right manner.
Public-domain text, read in full here on John Shaqi.
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