The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
We see all through the Constitution a splendid spirit of justice, and a
spirit of charity, even toward the guilty. By this article of the
Constitution, not only is treason defined, but any conviction of a person
for treason must be upon the testimony of at least two witnesses to the
same act, or upon a confession in open court.
The innocent must not be punished; and the guilty, when convicted, shall
alone bear the punishment. Treason being such a grave offense, Congress
may, if it so desires, provide very severe penalties, but it cannot
attaint the blood, so that the children or the grandchildren of the guilty
person shall suffer as in the olden days; nor shall the right of
forfeiture of property obtain, except during the life of the person guilty
of treason.
No one objects to any penalty, however severe, where treason is proved,
but it is contrary to the spirit of America to brand the innocent
descendants of one who is guilty of a crime. Of course the children of the
guilty will always bear a certain degree of reproach from their fellowmen,
but it is not fair that they should be visited with penalties for an
offense which they themselves never committed. It is the spirit of America
that each person shall enjoy any position in life which he may win by
merit and honest endeavor, and no obstacle should be placed in his way by
the wrong of an unfortunate ancestor.
ELEMENTARY QUESTIONS
1. America is a democracy. Why does this mean so much?
2. What does that phrase bring to mind?
3. Why did we abolish all titles of nobility?
4. What is treason?
5. Why is it limited so carefully?
ADVANCED QUESTIONS
A. What was the real purpose of abolishing all titles of nobility?
B. Why did the founders of the Constitution refuse to permit our
representatives to accept gifts from abroad?
C. What acts are treason to-day?
D. Show how these provisions make for democracy?
E. Write a paper on the following:
An Illustration of an Act of Treason During the World War
How A Person May Obtain a Responsible Position in Life
Laws Which Retard Advancement in Life
XXII. JURY, EXCEPT IN IMPEACHMENT
Criminal Trials, Except Impeachment, To Be By Jury—Equal Rights—No
Religious Test For Office
There are still three articles of the Constitution containing personal
guaranties but the substance of these articles has been considered in
connection with other articles already discussed. They are the following:
“_The trial of all Crimes, except in Cases of Impeachment, shall be by
Jury, and such Trial shall be held in the State where the said crimes
shall have been committed; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress may by Law have
directed._”(90)
“_The Citizens of each State shall be entitled to all Privileges and
Immunities of Citizens in the several States._”(91)
Public-domain text, read in full here on John Shaqi.
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