The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
Here I wish you to recall the unfortunate fact that every little while
somebody is complaining about our government as “a rich man’s government”.
It is often claimed that the poor have no chance for justice. The truth is
that the rich and the poor stand equal in the courts. In creating the
Constitution, it is known of course that someone might be brought before
the court who was poor, without money, possibly without friends. He might
be innocent, but in order that his innocence might be established it would
be necessary for him to have witnesses who might live many miles away, who
would not come into court to testify of their own free will. Therefore,
there was inserted in the Constitution this provision, that every
defendant shall have the right to compulsory process, commanding witnesses
to appear, and there is no one so poor that he cannot have this privilege,
because the United States—and in most of the States we have a like
provision—not only issues subpoenas and compels the officers to serve
them, but it pays the expense of serving, and pays the witness fees and
mileage, so that the poor man has all of the rights in getting the truth
before the court and jury that the richest may have.
Furthermore, in the same American spirit, when persons accused of an
offense are too poor to employ counsel, the government will furnish
counsel. The Constitution provides:
“_In all criminal prosecutions, the accused shall ... have the Assistance
of Counsel for his defence_.”(70)
There is no person so poor, or obscure, or friendless, that when he is
charged with a crime which might affect his liberty or his life, he shall
not have the right to a full, fair trial. Not only are his witnesses
produced and paid by the government, but an attorney is appointed by the
government to represent him, and help him establish his innocence.
This is a wonderful illustration of the paternal care which is manifested
for those who may be unfortunate, and this is all because under our
Constitution, liberty is a sacred thing, and it shall not be taken away
except in punishment for a crime which has been proven in open court in a
public trial before a jury, where the party has been confronted with the
witnesses against him, where he has had a chance to furnish witnesses in
his behalf and the aid of counsel in his trial.
Then the people who brought the Constitution into being, feeling that so
far as practicable they should have control of the enforcement of law not
only in criminal cases, but in civil cases, included a guaranty in the
Constitution that:
“_In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved._”(71)
Public-domain text, read in full here on John Shaqi.
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