III. LibertyDefinition Of Liberty And The Historical Background Of The Struggle For ItI hope that we now all understand that the purpose of government is to maintain the liberty of the people. I wish that every child would learn from the Declaration of Independence the following:“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”12This expresses the whole purpose of government—to secure the right to life, to liberty, and to happiness.I suppose every child here would like to be rich some day. A great many people feel that riches bring happiness. The experience of men, however, is that riches more often bring disappointments, burdens, and grief.What is the most valuable thing in the world?It is not money, lands, nor jewels. The most valuable thing in the world is human liberty. I do not believe that we, born here in America, realize the value of human liberty. It comes to us as a heritage. We accept it as we accept the sunlight, the springtime, the harvest. I am afraid that we seldom stop to recall the fact that the great blessing of human liberty, as we have it here in America, did not exist before our Nation was born. Always remember that there were thousands of years before our country came into being, when the people, men, women, and children living in many countries of the[pg 028]world and under many forms of government dreamed, hoped, and prayed for freedom. But it never came to them. They lived, labored, and died under kings and emperors, or other rulers, never having any power, or at most very limited power, in making the laws under which they were compelled to live.13To a considerable extent the history of the world is a sorrowful story of men who fought and died in struggles for liberty, the same liberty which we in this country enjoy. We must not forget that freedom in this Nation was obtained only through war, bloodshed, and sacrifice.Now what is this liberty for which men have fought and died? It is liberty of thought, liberty of speech, liberty of conscience, liberty of action, liberty, as the Supreme Court of the United States says,“of all the faculties”. Men wanted the right to form their own opinions and to express them in speech or in writing. They wished to worship God according to the dictates of their own consciences, and not as directed by the ruler of the government. They wanted to work in employments of their own choice, to have their own earnings for themselves and their families, instead of having it taken as tithes or taxes to buy purple robes for some monarch upon a throne. They wanted the right to own property, to own a home; and they hoped and prayed for the day when their children might have a chance to advance in life according to their merits. They hoped some day to have the door of opportunity open to the son of the poor man as well as the rich. They hoped to see class and privilege wiped away.14These were the things that men and women throughout the centuries struggled for, but which were never attained in the whole history of the world, by any race or by any nation, until America opened its doors to all the peoples of the earth, guaranteeing to them all the blessings which had been so long denied to the human race.[pg 029]You will understand better the functions of government with relation to human liberty if you will realize that human liberty is a natural right. It comes from no man and no government. It is“God given”. Men are born free. The love of freedom is in every human heart. Again recall the words of the Declaration of Independence—“all men are created equal ... they are endowed by their Creator with certain unalienable Rights”, among which is liberty.America does not confer liberty upon the individual. America realizes that the individual possesses the right to liberty, and the whole structure of the American government is framed with the special purpose of protecting each individual in his natural liberty.15Now there is no danger to the liberty of any one except from two sources—the wrong of a fellowman, or the wrong of the government, which in this country is a mere organization of men and women and children. Here we see emphasized the necessity for law in order to protect the liberty of the individual. Government is organized to protect individuals in their liberties. This protection is furnished by laws enacted by the people to protect the weak against the strong, the good against the evil; and in this country the same law applies to every individual. There are no special laws for special classes; every one is equally interested in having these laws as just and fair as possible. Liberty under law is the privilege of doing everything one wishes to do, except in so far as his acts may interfere in some way with like privileges of those who are about him in society.Therefore always keep in mind that the great achievement of those who founded America was the establishment of a Nation where liberty would have a home. Of course liberty could not be fully established in this country until the Nation was fully established, until the Constitution was adopted, until laws were enacted; but from the adoption of the Constitution[pg 030]to the present time the people have enacted laws from time to time, and still enact laws, the better to protect every man in his liberty and to enlarge his opportunities in life.Now in order to understand clearly how the liberties of the people are protected through our government, we must understand the nature and form of our government; and this subject we must take up at our next meeting.[pg 031]ELEMENTARY QUESTIONS1. What is your idea of the right to“life”? Does it mean that no one shall ever be sentenced to death for murder?2. What is your idea of the right to“property”? Does this mean that everyone shall be wealthy? Does it mean that everyone shall own his own home?3. What is your idea of the right to“pursuit of happiness”? Does this mean that everyone can do as he pleases?4. Why does the judge say that liberty is the most valuable thing in the world? What would you trade for it?5. Note the dangers to liberty that the judge points out. What are they?6. Give an illustration of each of these dangers.7. How may we protect ourselves against these dangers?8. Where does this liberty that we enjoy come from? Who grants it?ADVANCED QUESTIONSA. In what particular ways does the Constitution of the United States guarantee liberty?B. What forms of government existed before the United States? What liberties did the people of Russia, or France, or England enjoy in 1600?C. Who really possesses the power of government in the United States?D. How is the liberty of the individual protected in the United States?E. In what ways were the people of Massachusetts in 1650 not as free as we are to-day?F. What does it mean when we say“all men are created equal”?G. Discuss the real meaning of the right to“Life, Liberty and the pursuit of Happiness”.[pg 032]H. Write a paper on:Ways in Which We Have an Equal ChanceHow We Can Make Chances Still More Equal“I hope to see the time when every American citizen will have an unfettered start and an equal chance in the race of life.”—Abraham LincolnThe Meaning of LibertyA Week in a Land Where There Is No Liberty[pg 033]IV. America—A DemocracyThe Spirit Of Democracy Developed Under The Constitution Of Our CountryIt is not sufficient that we shall know what government is and where it is. We must also understand its nature. It is the proud boast of America that it is a democracy, the first real democracy in the world. Now what is meant by a democracy? We hear much about democracy, and we hear much about republicanism, and many people when they hear or see these terms think that it has to do with the Democratic or Republican political party. We must not be confused. We must see and think clearly. Democracy and republicanism, as we use the terms in these talks, have no reference to any political party, but relate solely to the form of government under which we live.America is a democracy. It is also a republic, as we shall see in our next talk. It is very important that we shall understand why it is a democracy, and why it is also a republic, and the distinction between the two.It has been well said that republicanism in government“refers rather to the form of government”, and that democracy refers to the“spirit of government”. In government as with the people the spirit is the real, important thing. In a democracy the people govern.“A government of the people, by the people, and for the people”, as Lincoln expressed it, is a democracy. In a democracy no man is the master of another man without his consent. In a democracy there are no slaves. In a democracy each and all have equal rights. Every one in a democracy has an equal opportunity with every other person.16[pg 034]You have already learned that in this country the people make the laws. In the making of laws the banker and the man who digs in the sewer have the same power. Each has one vote on election day, and no more. America has no rulers except the people. In a democracy the spirit of all should be one of toleration and kindness. All of us cannot have things just as we want them in this world. Men do not all agree, so we must let the majority of the people rule. But the majority should not have any feeling of superiority. The majority should be inspired by a sense of justice and charity toward their fellowmen. In fact a democracy is a brotherhood in which each person should think, not only of himself, but of his neighbor. In this democracy the more we think of the rights of our neighbor and the more we think of our duty toward our neighbor, the better will our government be.In a democracy we live in the belief that all men are created equal, that all through life they are equal in their rights, in their duties, and in their privileges. I do not mean of course that all men are equal in physical strength, because you who run and wrestle every day know that some are stronger than others. I do not mean that all are equal in the powers of the mind, because some of us here this morning, even some who study hard, know that other pupils get higher marks in every examination. Nor do I mean that all are equal in wealth, in health, or in comforts.What I mean is, that so far as life and liberty are concerned, in our rights under the law, in our protection under the law, we are all equal.In a democracy the people make the laws, and the people enforce the laws. As we shall hereafter see, every man who takes part in making a law, and every one who aids in enforcing the law is selected by the people. But the great thing about a democracy is the spirit of the people—the feeling of the people toward each other. Pride of wealth, position,[pg 035]race, or creed has no place in a democracy. Every person should feel sympathy and charity for his neighbor, and for his neighbor's problems in life.We should all be willing to help those who may be less fortunate. We should all endeavor to make our neighbor's life as easy as possible.A democracy cannot be a government by groups: it must be a government by every one.Now I do not mean to say that we in this country all have the proper feeling toward our neighbor. We are not all good citizens of a democracy. Many people have pride, selfishness, and hate. Many people do not seem to care how the rest of the world lives. Such people are not worthy to have the privileges of living in a democracy. Many people are also ignorant in matters of government. They do not seem to care what kind of a government we have. In fact many people will not vote on election day. It is because of pride, selfishness, hate, ignorance, and indifference that I am here talking to you to-day. This is a wonderful government, but it can be made much better, with more freedom and more justice, if the people will only learn more about their power and their duty, especially if they will only cultivate the right spirit—the spirit of America, the spirit of justice, humility, kindness, and charity.“Love thy neighbor as thyself”is not only a Christian duty, but it is the foundation of social life in a democracy. You will find when you become acquainted with life that success in life does not depend upon money, clothes, nor social position, but that in this American democracy real merit wins. More and more are we learning every day that true happiness comes only from service, service to humanity, service to our country, and this spirit of service must be developed in childhood, and expand as we grow to manhood and womanhood.[pg 036]That was a nice thing you did the other day, here in this school, when you put your pennies and your nickels together, bought a ton of coal, and sent it to the widowed mother of one of your schoolmates who had been sick for several weeks. He is just a poor Polish boy; but when in health he ran errands before and after school. This helped to support his mother and his little sister. I am sure that he thinks of you every day; and that he often thanks God that his father, who died last winter, had the courage to leave the old home in Poland and come to America where there is a chance for the poorest and the most obscure.I told you a while ago that this is the first real democracy in the world. So few people stop to think about this. The world is thousands of years old. Humanity in all these thousands of years has been made up of men, women, and children just like us. They hoped for, and dreamed of freedom, but until America became a Nation no government in the world had ever been a real government by the people. They had always been ruled by a king, a queen, an emperor, by some other ruler, by a small group of men who were rulers, or by a certain class. Your father may be a blacksmith, or a street sweeper, but on election day he can vote. Up to the organization of this government no such right existed anywhere in the world. In some countries, a few men who owned a certain amount of property could vote; but the wise men of the world sneered at the American plan to give every man the right to vote whether he owned a dollar's worth of property or not.Always remember this, too, that even when America became a Nation, the right of all the people to vote was not granted at once. Many of our States for many years required that a voter must have a certain amount of property. Finally this was all wiped away. America has been a growth, each generation doing a little more to expand the power of[pg 037]the people, and this growth, this expansion must continue. We are still a young Nation and we all have much to do to aid in making this democracy a better place in which to live.When you hear of other democracies now existing in the world, remember that America has been their guide and inspiration. Men came from France to help fight our revolution, and carried back with them the spirit of America. In time democracy was established in France. So with all the countries in the world which to-day have a greater or less degree of democracy, to them all, America has been a beacon light, a source of courage and of inspiration. Did any of you ever see the great Statue of Liberty at the entrance to the New York harbor? If you did, you saw that grand figure looking out to the east over the great expanse of water, holding aloft the great torch which in the darkness of the night is aglow with light, the great flaming torch, which is emblematic of America enlightening the world.[pg 038]ELEMENTARY QUESTIONS1. Which was the first real democracy to be established in the world?2. What is a democracy? What is the difference between“democracy”and a“Democrat”?3. Who governs in a democracy?4. In a democracy, who makes the laws?5. How is power in government expressed in a democracy? In America, does one man have more power than another?6. How many times can a person vote on election day?7. Suppose Congress or the legislature in our State passes a law that we do not like. Do we have to obey it? What can we do about it? How can we secure a change in the law?ADVANCED QUESTIONSA. What does“government of the people, by the people, and for the people”mean?B. What is the proper spirit of people who live in a democracy?C. What is meant by“the majority of the people rule”?D. What would happen if the minority should rule? Lincoln said that this meant anarchy. Why?E. Does the minority have any rights? Should the majority pay any attention to them? Why or why not?F. Who enforces laws in a democracy?G. Why is it said that the best way to get rid of a bad law is rigidly to enforce it?H. What is the result of not casting your ballot on election day?I. It is a fact that from election to election there is an increasing percentage of the qualified voters who do not vote. What is the danger of this? What is it likely to lead to?J. Write a paper on:The Meaning of DemocracyThe Danger of Not VotingWhy It Is Right that Women Should VoteWhy We Fought to Make the World Safe for Democracy[pg 039]V. America—A RepublicA Representative Form Of Government Under The ConstitutionAs I stated to you in our last discourse, America is a democracy, but it is also a republic. It is a democracy in its spirit and the power of its people, but in the mode of exercise of the power of the people it is a republic. We often hear America referred to as a“representative democracy”. If America were merely a democracy there would be no fixed method for expressing the wishes or the power of the people. In a pure democracy, people having full power would naturally assemble from time to time to decide by the vote of all those present what should be done for the public good.You will hear of the“town meeting”which even to-day in some parts of New England is held from time to time, where the people assemble, and by vote decide matters of public concern.But this is now a Nation of more than one hundred and five million people. We have forty-eight States, many of them very populous. When the Constitution was adopted, there were only about 3,900,000 people in all the States; but those who framed the Constitution looked into the future and could see something of the wonderful growth of the Nation which they were planning. Of course it is easy for anyone to see that in a large country like this, with a large population or a population as large as it was at the time when the Constitution was adopted, it would be impossible for all the people to assemble in a meeting to vote directly upon the passage of necessary laws, or to provide for taxation, or to conduct the general business of the State or the Nation. You[pg 040]can see how absolutely impossible it would be in these days to have the people of the United States assemble at the National capital to vote on any law, or to make any appropriation, or to provide rules for exercise of governmental power.Therefore you can readily see that the founders of this country very wisely realized that the only government possible would be what is known as a representative government, a democracy where the people would have all the power, but a republic wherein the people would express that power, not directly, but through representatives or agents chosen by them.17The government of the United States and that of each of the States is sub-divided into three parts: the executive, represented by the President or the Governor, the legislative, represented by Congress or the legislature, and the judicial, represented by the courts.Now the President and the members of Congress, including the Senate, and the judges of the courts are all merely representatives of the people chosen by the people to carry out the will of the people. The position and powers of all of these representatives of the people are fixed and defined by laws enacted by the people.As we shall hereafter find, the first law of the Nation, the foundation of all laws of the Nation, is the Constitution of the United States, which in the long ago was adopted by the people of thirteen small States.Our form of government therefore is representative. That is to say, the people choose their representatives to do the business of the country for the people. Laws are voted for directly by members of Congress and the Senate of the United States, or members of the legislatures of the States; but these members of Congress, Senators, and legislators are selected by the people, and in voting for laws they are expressing the will of the people who voted for them. They are elected for[pg 041]a short term of years, so that in case any one of them should not, in his vote upon any law, carry out the wishes of the people who elected him, they may at the next election select someone else in his place who will better represent them.18The important thing to bear in mind in relation to this government organization, with all the officers now necessary to do the business of the people of this great country, is that these officers—executive, legislative, and judicial—are not the government; the government rests with the people, and these officers are merely servants of the people, subject to the will of the people.It has been well said that government in a democracy is organized public opinion. Public officers, representatives of the people, have only the power which the people give to them. In many of the States of this country, in the enactment of laws, the people by law make provision by which the people themselves have the power to reject laws enacted by their representatives of which they do not approve. Under the“initiative”and“referendum”in some States, the people retain the power to direct their legislature to enact certain laws. Also laws made by the legislature may be voted upon by the people for final approval, if desired.19The important thing first to be learned is that in this democracy the government is in form a republic, because the laws are enacted and enforced, not by the direct vote of the people, but by the representatives elected by the people.The power of the people always continues. A law may be passed by one legislature, or one session of Congress, and may be repealed the next. Any law upon the statute books may be changed from time to time, in response to the changing sentiment of the people.We are inclined to consider the term“representative government”as relating particularly to the enactment of laws, but this is a representative government not only in the making[pg 042]of laws, but also in the enforcement of laws. I want you to realize early in life that every citizen has a responsibility for enforcing laws as well as for making laws, and that for any failure or omission in the making of laws, or in the enforcement of laws, the people must bear the responsibility.[pg 043]ELEMENTARY QUESTIONS1. In what respect is America a republic?2. What is the difference between a republic and a Republican?3. What was the population of America when the Constitution was adopted?4. Why was it impossible to have all the people assemble to adopt laws?5. What is meant by a representative of the people?6. Suppose a representative does not represent the people as they wish. What can they do about it? Give illustrations.7. Into what parts is the government of the United States divided?8. How are the powers and duties of representatives of the people defined? Why does the judge say that the people really have the power and that this power continues?ADVANCED QUESTIONSA. What is the fundamental law of the United States? Why is it fundamental?B. How can we say that the people have power in lawmaking, when we know that the representatives make the laws?C. How can we influence the votes of our representatives?D. If you know that your representative is likely to vote against your own wishes, what can you do about it?E. How soon may a law be changed after it has been passed?F. What is meant by“initiative, referendum, and recall”? How have they worked out in practice?G. Write a paper on the following:The Difference between a Democracy and a RepublicHow the Public Can Make Their Representatives Represent ThemWhy America Could Not Do Without RepresentativesThe New England Town Meeting[pg 044]VI. LawNecessity For Rules Of Human Conduct For Guidance And RestraintThis morning I wish to talk with you about one of the most important subjects in the world, the law; and strange to say, most people know very little about it.Indeed I find that the average person feels that he does not need any knowledge of the law, that the law is for lawyers, judges, and courts.Now the truth is, that there is scarcely any activity in life in which the law does not play an important part. This is true from childhood to old age, in every calling and every occupation in life.20The law is not intended for any one class of people, but it applies to all classes of people, the rich and the poor, the wise and the ignorant. It also applies to all ages, to men, women, and children.What is the law, or what is a law?21There is nothing difficult about it. A law is merely a rule of human conduct, a rule of conduct for human beings which is enforced by the Nation, the State, or the city. There are other rules of human conduct enforced by the parents, teachers, or employers—those who have authority over others, those whose duty it is to direct the conduct of others.Every boy knows that in his home his parents have certain rules, not written or printed, but stated by his father or mother with relation to his conduct about the home, about his school, or about his play time or vacation, when he must go to bed, when he must arise, and with whom he may associate, that he must not go in swimming unless accompanied by his father, that he shall not go to the movies without the consent[pg 045]of his mother, that he must attend Sunday school regularly, that he must not eat with his knife, that he must be courteous to all persons, especially the aged, that he must not play ball in the street, and a large number of other rules and directions, all intended for the good of the boy.Then in school you find certain rules of conduct made by the Board of Education or other officers, or adopted by the teacher.If a boy works in a store, he finds that his employer has certain rules: the time when the store shall be opened and closed; that the boy shall sweep the floor at certain hours; that he may go to lunch at a certain time; that he shall not permit other boys to pass behind the counters, etc. All of these are illustrations of rules of conduct for children, or those under the control, authority, or direction of some older person.But older persons, the parents, the school officers, the teachers, the storekeepers, and those of all other occupations are likewise subject to rules, are under control and direction of the Nation, the State, and the city, all having power to enforce rules of conduct, called laws, which apply to the old and the young. Without such rules, such laws, it would be impossible to maintain peace and order. Without such rules, called laws, it would be impossible to protect the weak against the strong and the wicked.This government being organized for the purpose of protecting the rights and liberties of the people, it is necessary that laws be enacted in order that our rights and liberties shall not be taken away from us by those who may be stronger or wiser than we are. Many laws prohibit wrongful acts and provide a punishment for those who commit such wrongful acts. Thus one who strikes you without justification, one who steals your bicycle, or any other property, one who breaks into your home, or into the store, a burglar, is punished. One who kills another human being, a murderer, is[pg 046]punished. A person who willfully sets fire to a building, or is guilty of cruelty to animals, malicious mischief, or sells liquor is punished.22So there are scores of different offenses forbidden by the law, and punishments fixed for those who will not obey.There are also laws requiring that one shall ride or drive on the right hand side of the street when passing another coming from the opposite direction.There is generally in every city a law which punishes a person who rides his bicycle upon the sidewalk. There are laws regulating the speed of automobiles, the lights and signals, and the turning at the corners of the street, so that other people either walking, or riding on bicycles, or in automobiles or other vehicles, may not receive injury.23You know in this country, where every person is equal before the law, no one person has any more right in the street than his neighbor has, and the conduct of each in the use of streets and sidewalks and other public places must be such that all may enjoy equal opportunities in the use thereof.24Freedom, as already explained, does not mean a right to do everything we wish to do. Freedom is the right to do whatever we may wish to do, provided it does not interfere with the right of our neighbors to have the same privileges which we claim for ourselves.Therefore, it is absolutely necessary to have laws fixing the conduct of all persons; and it is necessary, in order to enforce these laws, to punish those who will not obey them.Who makes these laws?In America the laws are made by the people themselves; that is, they elect representatives to serve in Congress, in the legislatures of the States, and in the councils of the city, who make the laws for the people according to the wishes of the people. This you will understand more fully as you study this representative form of government we have in this country.The people have the right to change any law now in existence,[pg 047]and may also make such new laws as they think will better protect the people in their rights.25Who enforces these laws, these rules of conduct? The rules of the home are enforced by the parents. If you violate the rules of your parents, they impose a punishment upon you. This punishment may not be severe, in fact it should not be, unless your disobedience is continued and stubborn.If you violate the rules of school, the teacher or other school officers have the right to punish; and if you violate the rules of your employer, he has the right to admonish you, and of course if you do not obey, he will discharge you and you will lose your place.Now the rules of conduct, the laws of the Nation, the State, or the city are enforced in this country by the people, through their government, through the courts, presided over by judges whom the people themselves select for that purpose. Sometimes the punishment is severe, sometimes mild. It all depends upon the character of the person who disobeys the law, and whether the disobedience is stubborn or willful. Penalties are imposed, not only to punish the wrongdoer, but as a warning to others, that if they disobey the law, they too will be punished.In this country all laws imposing punishment for offenses are printed so that every one may know what the law is; but it is not necessary that one should study each separate law, because as a rule, your conscience will be your guide against wrong doing. There are not many acts punished by the State or Nation which are not morally wrong. The person whose heart is right knows good from evil; and the person who really tries to do right will seldom be guilty of violating any law.I do not expect you to learn all about the different laws. This is not necessary. But I do expect you to understand enough about the law to realize that we are all subject to authority; that laws are enacted by the authority of the[pg 048]people; that laws are absolutely necessary, and that without laws we should have no liberty. Above all, I want you to learn that in this country the people make the laws, and I want you to feel absolute confidence in the power of the people to make and enforce laws.I hope that you will acquire a spirit of confidence and faith in the justice of the law, and learn that submission to the law is absolutely essential in a government of the people and by the people.26But there are many laws, many rules of conduct, besides those defining crimes, offenses, and the punishment of wrongdoers.I want to talk to you briefly about some of the laws which affect our conduct in every day life, in matters not criminal. I want to impress upon you how far reaching the law is as affecting every human being in his daily conduct.27Suppose one of the girls here goes to the store to buy a piece of cloth. How does she tell the merchant how much cloth she wants? She, without doubt, will say that she wants one yard, or two yards, or three yards, according to her needs. Now how much is a yard? Of course you all know that a yard is three feet. I suppose you all know that a yard is the same length in every city in the United States. We go into the store and ask for a yard of cloth in any city in the country, with absolute confidence that we will get for each yard, three feet in length. But how do we know we will get three feet in length for each yard? How do we know what we will get when we ask for a pound of coffee, or for a ton of coal, or for a quart of milk?These weights and measures are nearly all fixed by law. When you come to read the Constitution of the United States, you will find that there is conferred upon the United States government the power to“fix the standard of Weights and Measures”.28[pg 049]The Constitution is the fundamental law of the land. This confers upon the United States government the right to fix all standards of measurements and all weights and measures of every kind. The United States government has this power. It is not required to exercise the power, but it has the power.The United States government has a National Bureau of Standards,29which supervises weights and measurements, which coöperates with the States, and maintains uniformity, so that in every State, with reference to most things bought and sold, the law fixes definitely the quantity or dimensions. Without such laws you can see what a mass of confusion the people would be in at all times.Severe penalties are imposed by law upon those who give short measure, or short weight,30in order to protect buyers against those who might defraud them.So you see how necessary law is to the simple transactions of life, and how we are constantly relying upon the law in our daily transactions, to protect us against wrongdoers.Then again, how do you know how much the silver dollar which you are saving for Christmas is really worth? How do you know that one dollar is as valuable as another dollar? How do you know that the paper dollar which is in circulation is as valuable as the silver dollar? Well, here again when you read the Constitution of the United States, you will find that the people, when they adopted the Constitution, gave to the Congress of the United States the power:“To coin Money, regulate the Value thereof, and of foreign Coin”.31Congress, with this power, has enacted numerous laws with reference to the coinage of silver and gold money, the printing of paper money, and fixing the value of such money. How helpless the people would be without such laws.Then how do you know that the dollar you received in change at the grocery store is a real dollar? There are many[pg 050]counterfeit dollars made by wrongdoers, by criminals who seek to profit by manufacturing money themselves, sometimes so much like the genuine, that it is almost impossible to detect the difference. There are counterfeit bills, and counterfeit coin, which I dare say could not be distinguished from the genuine by any person in this room. But there are laws enacted by Congress providing very severe punishment for any person who makes, passes, or attempts to pass, any counterfeit coin. For instance, if one shall make, or pass, or attempt to pass counterfeit gold or silver coin, he may be punished by five years imprisonment in the penitentiary.32Even for making, or passing, or attempting to pass a one cent, two cent, three cent, or five cent piece, a person may be imprisoned for five years. Any one who makes a die or mold designed for the coining, or making of counterfeit coins may be punished by imprisonment in the penitentiary for ten years.These are severe penalties. Liberty is dear, and yet you can see how absolutely necessary it is to have these severe penalties in order to protect you, your father and mother, and all other persons from being defrauded and wronged by the use of counterfeit money which is worthless, but which most people cannot distinguish from the genuine.I suppose you watched for the letter carrier this morning. Perhaps you were expecting a letter from a friend or relative. The letter carrier came to your door. You did not have to walk to the post office. Perhaps your friend lives one thousand miles away. How is it possible for you to receive a letter in perhaps a couple of days from that far distant point? Did you ever stop to think about it? Of course you say,“Well it came through the post office”. Yes, but the postoffice is only a part of the great postal system of this country, which carries your letters from one end of the land to another for the small amount of two cents; and we have wonderful confidence in this postal service. We[pg 051]carelessly drop into the mail box most important letters, often most sacred, but we have no doubt that the letter will reach its destination safely.33How is it all possible? Well, again, in reading the Constitution you will find that the people gave to Congress the power:“To establish Post Offices and Post roads.”34This power has been exercised by the enactment of many laws by Congress providing for post offices, letter carriers, postal clerks, railway mail service, rural routes, and many laws severely punishing any one in the postal service who willfully fails to perform his duties.Persons engaged in the postal service may be sent to the penitentiary for stealing money from the mails, stealing a letter from the mails, for any act of dishonesty, or failure of prescribed duty. How could the great postal service of this country be maintained without such laws? How would the people have the blessing of a great service of this kind without the most carefully prepared laws made to protect the people?So I might go on giving numerous other illustrations of the laws enacted by the people through their representatives, for the benefit of the people themselves, for their comfort, their convenience, and their protection against wrongdoers, who might deprive them of their property, or of things still more sacred than property.I have only used these illustrations to impress upon you the great truth that there is hardly any relation in life in which the law does not have an important part. We should realize early in life that law is absolutely necessary to guide human conduct, to restrain wrongful conduct, to punish wrong doing, and thus to aid in protecting us in our right to life, liberty, and property.These laws are not the judges' laws, nor the lawyers' laws;[pg 052]they are the laws of the people, made for their benefit, worthy of our most earnest support, calling upon us for loyal obedience, demanding our respect, and inspiring our confidence.[pg 054]ELEMENTARY QUESTIONS.1. What is a law?2. By whom is a law enforced?3. Name an activity in life that the law has nothing to do with.4. Make a list of some of the laws that your father and mother make in your home.5. Make a list of some of the rules of conduct found in school.6. Go to a store in your town. Are there rules of conduct for the clerks? What are they?7. Who makes the rules in a home? In a school? In business institutions?8. Upon which side of the street must a person drive? Why?9. Who fixes the rules of measurement and weight?10. Suppose that you buy a ton of coal and find later on that you only received 1500 pounds. Could you do anything about it? Why should the coal dealer be punished?11. What would it be like if we had no laws at all?ADVANCED QUESTIONSA. In imposing punishment upon a wrongdoer, what elements does the judge consider in fixing the amount of fine or the length of punishment?B. Why do we have our laws printed? What would be the dangers of having secret laws concerning the nature and existence of which the people could not obtain information?C. What is the distinction between a rule of conduct in the home and a law of the land?D. List a number of laws and penalties in addition to those cited by the judge.E. Why cannot one have liberty without law?F. Why are people punished when they break the law?G. Is it ever right to break the law?H. Write a paper on the following:Why Breaking the Postal Laws Deserves Severe PunishmentLiberty Under the LawThe Danger of Counterfeit MoneyLaws that Should Be PassedHow to Have a Law Passed[pg 055]
III. LibertyDefinition Of Liberty And The Historical Background Of The Struggle For ItI hope that we now all understand that the purpose of government is to maintain the liberty of the people. I wish that every child would learn from the Declaration of Independence the following:“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”12This expresses the whole purpose of government—to secure the right to life, to liberty, and to happiness.I suppose every child here would like to be rich some day. A great many people feel that riches bring happiness. The experience of men, however, is that riches more often bring disappointments, burdens, and grief.What is the most valuable thing in the world?It is not money, lands, nor jewels. The most valuable thing in the world is human liberty. I do not believe that we, born here in America, realize the value of human liberty. It comes to us as a heritage. We accept it as we accept the sunlight, the springtime, the harvest. I am afraid that we seldom stop to recall the fact that the great blessing of human liberty, as we have it here in America, did not exist before our Nation was born. Always remember that there were thousands of years before our country came into being, when the people, men, women, and children living in many countries of the[pg 028]world and under many forms of government dreamed, hoped, and prayed for freedom. But it never came to them. They lived, labored, and died under kings and emperors, or other rulers, never having any power, or at most very limited power, in making the laws under which they were compelled to live.13To a considerable extent the history of the world is a sorrowful story of men who fought and died in struggles for liberty, the same liberty which we in this country enjoy. We must not forget that freedom in this Nation was obtained only through war, bloodshed, and sacrifice.Now what is this liberty for which men have fought and died? It is liberty of thought, liberty of speech, liberty of conscience, liberty of action, liberty, as the Supreme Court of the United States says,“of all the faculties”. Men wanted the right to form their own opinions and to express them in speech or in writing. They wished to worship God according to the dictates of their own consciences, and not as directed by the ruler of the government. They wanted to work in employments of their own choice, to have their own earnings for themselves and their families, instead of having it taken as tithes or taxes to buy purple robes for some monarch upon a throne. They wanted the right to own property, to own a home; and they hoped and prayed for the day when their children might have a chance to advance in life according to their merits. They hoped some day to have the door of opportunity open to the son of the poor man as well as the rich. They hoped to see class and privilege wiped away.14These were the things that men and women throughout the centuries struggled for, but which were never attained in the whole history of the world, by any race or by any nation, until America opened its doors to all the peoples of the earth, guaranteeing to them all the blessings which had been so long denied to the human race.[pg 029]You will understand better the functions of government with relation to human liberty if you will realize that human liberty is a natural right. It comes from no man and no government. It is“God given”. Men are born free. The love of freedom is in every human heart. Again recall the words of the Declaration of Independence—“all men are created equal ... they are endowed by their Creator with certain unalienable Rights”, among which is liberty.America does not confer liberty upon the individual. America realizes that the individual possesses the right to liberty, and the whole structure of the American government is framed with the special purpose of protecting each individual in his natural liberty.15Now there is no danger to the liberty of any one except from two sources—the wrong of a fellowman, or the wrong of the government, which in this country is a mere organization of men and women and children. Here we see emphasized the necessity for law in order to protect the liberty of the individual. Government is organized to protect individuals in their liberties. This protection is furnished by laws enacted by the people to protect the weak against the strong, the good against the evil; and in this country the same law applies to every individual. There are no special laws for special classes; every one is equally interested in having these laws as just and fair as possible. Liberty under law is the privilege of doing everything one wishes to do, except in so far as his acts may interfere in some way with like privileges of those who are about him in society.Therefore always keep in mind that the great achievement of those who founded America was the establishment of a Nation where liberty would have a home. Of course liberty could not be fully established in this country until the Nation was fully established, until the Constitution was adopted, until laws were enacted; but from the adoption of the Constitution[pg 030]to the present time the people have enacted laws from time to time, and still enact laws, the better to protect every man in his liberty and to enlarge his opportunities in life.Now in order to understand clearly how the liberties of the people are protected through our government, we must understand the nature and form of our government; and this subject we must take up at our next meeting.[pg 031]ELEMENTARY QUESTIONS1. What is your idea of the right to“life”? Does it mean that no one shall ever be sentenced to death for murder?2. What is your idea of the right to“property”? Does this mean that everyone shall be wealthy? Does it mean that everyone shall own his own home?3. What is your idea of the right to“pursuit of happiness”? Does this mean that everyone can do as he pleases?4. Why does the judge say that liberty is the most valuable thing in the world? What would you trade for it?5. Note the dangers to liberty that the judge points out. What are they?6. Give an illustration of each of these dangers.7. How may we protect ourselves against these dangers?8. Where does this liberty that we enjoy come from? Who grants it?ADVANCED QUESTIONSA. In what particular ways does the Constitution of the United States guarantee liberty?B. What forms of government existed before the United States? What liberties did the people of Russia, or France, or England enjoy in 1600?C. Who really possesses the power of government in the United States?D. How is the liberty of the individual protected in the United States?E. In what ways were the people of Massachusetts in 1650 not as free as we are to-day?F. What does it mean when we say“all men are created equal”?G. Discuss the real meaning of the right to“Life, Liberty and the pursuit of Happiness”.[pg 032]H. Write a paper on:Ways in Which We Have an Equal ChanceHow We Can Make Chances Still More Equal“I hope to see the time when every American citizen will have an unfettered start and an equal chance in the race of life.”—Abraham LincolnThe Meaning of LibertyA Week in a Land Where There Is No Liberty[pg 033]IV. America—A DemocracyThe Spirit Of Democracy Developed Under The Constitution Of Our CountryIt is not sufficient that we shall know what government is and where it is. We must also understand its nature. It is the proud boast of America that it is a democracy, the first real democracy in the world. Now what is meant by a democracy? We hear much about democracy, and we hear much about republicanism, and many people when they hear or see these terms think that it has to do with the Democratic or Republican political party. We must not be confused. We must see and think clearly. Democracy and republicanism, as we use the terms in these talks, have no reference to any political party, but relate solely to the form of government under which we live.America is a democracy. It is also a republic, as we shall see in our next talk. It is very important that we shall understand why it is a democracy, and why it is also a republic, and the distinction between the two.It has been well said that republicanism in government“refers rather to the form of government”, and that democracy refers to the“spirit of government”. In government as with the people the spirit is the real, important thing. In a democracy the people govern.“A government of the people, by the people, and for the people”, as Lincoln expressed it, is a democracy. In a democracy no man is the master of another man without his consent. In a democracy there are no slaves. In a democracy each and all have equal rights. Every one in a democracy has an equal opportunity with every other person.16[pg 034]You have already learned that in this country the people make the laws. In the making of laws the banker and the man who digs in the sewer have the same power. Each has one vote on election day, and no more. America has no rulers except the people. In a democracy the spirit of all should be one of toleration and kindness. All of us cannot have things just as we want them in this world. Men do not all agree, so we must let the majority of the people rule. But the majority should not have any feeling of superiority. The majority should be inspired by a sense of justice and charity toward their fellowmen. In fact a democracy is a brotherhood in which each person should think, not only of himself, but of his neighbor. In this democracy the more we think of the rights of our neighbor and the more we think of our duty toward our neighbor, the better will our government be.In a democracy we live in the belief that all men are created equal, that all through life they are equal in their rights, in their duties, and in their privileges. I do not mean of course that all men are equal in physical strength, because you who run and wrestle every day know that some are stronger than others. I do not mean that all are equal in the powers of the mind, because some of us here this morning, even some who study hard, know that other pupils get higher marks in every examination. Nor do I mean that all are equal in wealth, in health, or in comforts.What I mean is, that so far as life and liberty are concerned, in our rights under the law, in our protection under the law, we are all equal.In a democracy the people make the laws, and the people enforce the laws. As we shall hereafter see, every man who takes part in making a law, and every one who aids in enforcing the law is selected by the people. But the great thing about a democracy is the spirit of the people—the feeling of the people toward each other. Pride of wealth, position,[pg 035]race, or creed has no place in a democracy. Every person should feel sympathy and charity for his neighbor, and for his neighbor's problems in life.We should all be willing to help those who may be less fortunate. We should all endeavor to make our neighbor's life as easy as possible.A democracy cannot be a government by groups: it must be a government by every one.Now I do not mean to say that we in this country all have the proper feeling toward our neighbor. We are not all good citizens of a democracy. Many people have pride, selfishness, and hate. Many people do not seem to care how the rest of the world lives. Such people are not worthy to have the privileges of living in a democracy. Many people are also ignorant in matters of government. They do not seem to care what kind of a government we have. In fact many people will not vote on election day. It is because of pride, selfishness, hate, ignorance, and indifference that I am here talking to you to-day. This is a wonderful government, but it can be made much better, with more freedom and more justice, if the people will only learn more about their power and their duty, especially if they will only cultivate the right spirit—the spirit of America, the spirit of justice, humility, kindness, and charity.“Love thy neighbor as thyself”is not only a Christian duty, but it is the foundation of social life in a democracy. You will find when you become acquainted with life that success in life does not depend upon money, clothes, nor social position, but that in this American democracy real merit wins. More and more are we learning every day that true happiness comes only from service, service to humanity, service to our country, and this spirit of service must be developed in childhood, and expand as we grow to manhood and womanhood.[pg 036]That was a nice thing you did the other day, here in this school, when you put your pennies and your nickels together, bought a ton of coal, and sent it to the widowed mother of one of your schoolmates who had been sick for several weeks. He is just a poor Polish boy; but when in health he ran errands before and after school. This helped to support his mother and his little sister. I am sure that he thinks of you every day; and that he often thanks God that his father, who died last winter, had the courage to leave the old home in Poland and come to America where there is a chance for the poorest and the most obscure.I told you a while ago that this is the first real democracy in the world. So few people stop to think about this. The world is thousands of years old. Humanity in all these thousands of years has been made up of men, women, and children just like us. They hoped for, and dreamed of freedom, but until America became a Nation no government in the world had ever been a real government by the people. They had always been ruled by a king, a queen, an emperor, by some other ruler, by a small group of men who were rulers, or by a certain class. Your father may be a blacksmith, or a street sweeper, but on election day he can vote. Up to the organization of this government no such right existed anywhere in the world. In some countries, a few men who owned a certain amount of property could vote; but the wise men of the world sneered at the American plan to give every man the right to vote whether he owned a dollar's worth of property or not.Always remember this, too, that even when America became a Nation, the right of all the people to vote was not granted at once. Many of our States for many years required that a voter must have a certain amount of property. Finally this was all wiped away. America has been a growth, each generation doing a little more to expand the power of[pg 037]the people, and this growth, this expansion must continue. We are still a young Nation and we all have much to do to aid in making this democracy a better place in which to live.When you hear of other democracies now existing in the world, remember that America has been their guide and inspiration. Men came from France to help fight our revolution, and carried back with them the spirit of America. In time democracy was established in France. So with all the countries in the world which to-day have a greater or less degree of democracy, to them all, America has been a beacon light, a source of courage and of inspiration. Did any of you ever see the great Statue of Liberty at the entrance to the New York harbor? If you did, you saw that grand figure looking out to the east over the great expanse of water, holding aloft the great torch which in the darkness of the night is aglow with light, the great flaming torch, which is emblematic of America enlightening the world.[pg 038]ELEMENTARY QUESTIONS1. Which was the first real democracy to be established in the world?2. What is a democracy? What is the difference between“democracy”and a“Democrat”?3. Who governs in a democracy?4. In a democracy, who makes the laws?5. How is power in government expressed in a democracy? In America, does one man have more power than another?6. How many times can a person vote on election day?7. Suppose Congress or the legislature in our State passes a law that we do not like. Do we have to obey it? What can we do about it? How can we secure a change in the law?ADVANCED QUESTIONSA. What does“government of the people, by the people, and for the people”mean?B. What is the proper spirit of people who live in a democracy?C. What is meant by“the majority of the people rule”?D. What would happen if the minority should rule? Lincoln said that this meant anarchy. Why?E. Does the minority have any rights? Should the majority pay any attention to them? Why or why not?F. Who enforces laws in a democracy?G. Why is it said that the best way to get rid of a bad law is rigidly to enforce it?H. What is the result of not casting your ballot on election day?I. It is a fact that from election to election there is an increasing percentage of the qualified voters who do not vote. What is the danger of this? What is it likely to lead to?J. Write a paper on:The Meaning of DemocracyThe Danger of Not VotingWhy It Is Right that Women Should VoteWhy We Fought to Make the World Safe for Democracy[pg 039]V. America—A RepublicA Representative Form Of Government Under The ConstitutionAs I stated to you in our last discourse, America is a democracy, but it is also a republic. It is a democracy in its spirit and the power of its people, but in the mode of exercise of the power of the people it is a republic. We often hear America referred to as a“representative democracy”. If America were merely a democracy there would be no fixed method for expressing the wishes or the power of the people. In a pure democracy, people having full power would naturally assemble from time to time to decide by the vote of all those present what should be done for the public good.You will hear of the“town meeting”which even to-day in some parts of New England is held from time to time, where the people assemble, and by vote decide matters of public concern.But this is now a Nation of more than one hundred and five million people. We have forty-eight States, many of them very populous. When the Constitution was adopted, there were only about 3,900,000 people in all the States; but those who framed the Constitution looked into the future and could see something of the wonderful growth of the Nation which they were planning. Of course it is easy for anyone to see that in a large country like this, with a large population or a population as large as it was at the time when the Constitution was adopted, it would be impossible for all the people to assemble in a meeting to vote directly upon the passage of necessary laws, or to provide for taxation, or to conduct the general business of the State or the Nation. You[pg 040]can see how absolutely impossible it would be in these days to have the people of the United States assemble at the National capital to vote on any law, or to make any appropriation, or to provide rules for exercise of governmental power.Therefore you can readily see that the founders of this country very wisely realized that the only government possible would be what is known as a representative government, a democracy where the people would have all the power, but a republic wherein the people would express that power, not directly, but through representatives or agents chosen by them.17The government of the United States and that of each of the States is sub-divided into three parts: the executive, represented by the President or the Governor, the legislative, represented by Congress or the legislature, and the judicial, represented by the courts.Now the President and the members of Congress, including the Senate, and the judges of the courts are all merely representatives of the people chosen by the people to carry out the will of the people. The position and powers of all of these representatives of the people are fixed and defined by laws enacted by the people.As we shall hereafter find, the first law of the Nation, the foundation of all laws of the Nation, is the Constitution of the United States, which in the long ago was adopted by the people of thirteen small States.Our form of government therefore is representative. That is to say, the people choose their representatives to do the business of the country for the people. Laws are voted for directly by members of Congress and the Senate of the United States, or members of the legislatures of the States; but these members of Congress, Senators, and legislators are selected by the people, and in voting for laws they are expressing the will of the people who voted for them. They are elected for[pg 041]a short term of years, so that in case any one of them should not, in his vote upon any law, carry out the wishes of the people who elected him, they may at the next election select someone else in his place who will better represent them.18The important thing to bear in mind in relation to this government organization, with all the officers now necessary to do the business of the people of this great country, is that these officers—executive, legislative, and judicial—are not the government; the government rests with the people, and these officers are merely servants of the people, subject to the will of the people.It has been well said that government in a democracy is organized public opinion. Public officers, representatives of the people, have only the power which the people give to them. In many of the States of this country, in the enactment of laws, the people by law make provision by which the people themselves have the power to reject laws enacted by their representatives of which they do not approve. Under the“initiative”and“referendum”in some States, the people retain the power to direct their legislature to enact certain laws. Also laws made by the legislature may be voted upon by the people for final approval, if desired.19The important thing first to be learned is that in this democracy the government is in form a republic, because the laws are enacted and enforced, not by the direct vote of the people, but by the representatives elected by the people.The power of the people always continues. A law may be passed by one legislature, or one session of Congress, and may be repealed the next. Any law upon the statute books may be changed from time to time, in response to the changing sentiment of the people.We are inclined to consider the term“representative government”as relating particularly to the enactment of laws, but this is a representative government not only in the making[pg 042]of laws, but also in the enforcement of laws. I want you to realize early in life that every citizen has a responsibility for enforcing laws as well as for making laws, and that for any failure or omission in the making of laws, or in the enforcement of laws, the people must bear the responsibility.[pg 043]ELEMENTARY QUESTIONS1. In what respect is America a republic?2. What is the difference between a republic and a Republican?3. What was the population of America when the Constitution was adopted?4. Why was it impossible to have all the people assemble to adopt laws?5. What is meant by a representative of the people?6. Suppose a representative does not represent the people as they wish. What can they do about it? Give illustrations.7. Into what parts is the government of the United States divided?8. How are the powers and duties of representatives of the people defined? Why does the judge say that the people really have the power and that this power continues?ADVANCED QUESTIONSA. What is the fundamental law of the United States? Why is it fundamental?B. How can we say that the people have power in lawmaking, when we know that the representatives make the laws?C. How can we influence the votes of our representatives?D. If you know that your representative is likely to vote against your own wishes, what can you do about it?E. How soon may a law be changed after it has been passed?F. What is meant by“initiative, referendum, and recall”? How have they worked out in practice?G. Write a paper on the following:The Difference between a Democracy and a RepublicHow the Public Can Make Their Representatives Represent ThemWhy America Could Not Do Without RepresentativesThe New England Town Meeting[pg 044]VI. LawNecessity For Rules Of Human Conduct For Guidance And RestraintThis morning I wish to talk with you about one of the most important subjects in the world, the law; and strange to say, most people know very little about it.Indeed I find that the average person feels that he does not need any knowledge of the law, that the law is for lawyers, judges, and courts.Now the truth is, that there is scarcely any activity in life in which the law does not play an important part. This is true from childhood to old age, in every calling and every occupation in life.20The law is not intended for any one class of people, but it applies to all classes of people, the rich and the poor, the wise and the ignorant. It also applies to all ages, to men, women, and children.What is the law, or what is a law?21There is nothing difficult about it. A law is merely a rule of human conduct, a rule of conduct for human beings which is enforced by the Nation, the State, or the city. There are other rules of human conduct enforced by the parents, teachers, or employers—those who have authority over others, those whose duty it is to direct the conduct of others.Every boy knows that in his home his parents have certain rules, not written or printed, but stated by his father or mother with relation to his conduct about the home, about his school, or about his play time or vacation, when he must go to bed, when he must arise, and with whom he may associate, that he must not go in swimming unless accompanied by his father, that he shall not go to the movies without the consent[pg 045]of his mother, that he must attend Sunday school regularly, that he must not eat with his knife, that he must be courteous to all persons, especially the aged, that he must not play ball in the street, and a large number of other rules and directions, all intended for the good of the boy.Then in school you find certain rules of conduct made by the Board of Education or other officers, or adopted by the teacher.If a boy works in a store, he finds that his employer has certain rules: the time when the store shall be opened and closed; that the boy shall sweep the floor at certain hours; that he may go to lunch at a certain time; that he shall not permit other boys to pass behind the counters, etc. All of these are illustrations of rules of conduct for children, or those under the control, authority, or direction of some older person.But older persons, the parents, the school officers, the teachers, the storekeepers, and those of all other occupations are likewise subject to rules, are under control and direction of the Nation, the State, and the city, all having power to enforce rules of conduct, called laws, which apply to the old and the young. Without such rules, such laws, it would be impossible to maintain peace and order. Without such rules, called laws, it would be impossible to protect the weak against the strong and the wicked.This government being organized for the purpose of protecting the rights and liberties of the people, it is necessary that laws be enacted in order that our rights and liberties shall not be taken away from us by those who may be stronger or wiser than we are. Many laws prohibit wrongful acts and provide a punishment for those who commit such wrongful acts. Thus one who strikes you without justification, one who steals your bicycle, or any other property, one who breaks into your home, or into the store, a burglar, is punished. One who kills another human being, a murderer, is[pg 046]punished. A person who willfully sets fire to a building, or is guilty of cruelty to animals, malicious mischief, or sells liquor is punished.22So there are scores of different offenses forbidden by the law, and punishments fixed for those who will not obey.There are also laws requiring that one shall ride or drive on the right hand side of the street when passing another coming from the opposite direction.There is generally in every city a law which punishes a person who rides his bicycle upon the sidewalk. There are laws regulating the speed of automobiles, the lights and signals, and the turning at the corners of the street, so that other people either walking, or riding on bicycles, or in automobiles or other vehicles, may not receive injury.23You know in this country, where every person is equal before the law, no one person has any more right in the street than his neighbor has, and the conduct of each in the use of streets and sidewalks and other public places must be such that all may enjoy equal opportunities in the use thereof.24Freedom, as already explained, does not mean a right to do everything we wish to do. Freedom is the right to do whatever we may wish to do, provided it does not interfere with the right of our neighbors to have the same privileges which we claim for ourselves.Therefore, it is absolutely necessary to have laws fixing the conduct of all persons; and it is necessary, in order to enforce these laws, to punish those who will not obey them.Who makes these laws?In America the laws are made by the people themselves; that is, they elect representatives to serve in Congress, in the legislatures of the States, and in the councils of the city, who make the laws for the people according to the wishes of the people. This you will understand more fully as you study this representative form of government we have in this country.The people have the right to change any law now in existence,[pg 047]and may also make such new laws as they think will better protect the people in their rights.25Who enforces these laws, these rules of conduct? The rules of the home are enforced by the parents. If you violate the rules of your parents, they impose a punishment upon you. This punishment may not be severe, in fact it should not be, unless your disobedience is continued and stubborn.If you violate the rules of school, the teacher or other school officers have the right to punish; and if you violate the rules of your employer, he has the right to admonish you, and of course if you do not obey, he will discharge you and you will lose your place.Now the rules of conduct, the laws of the Nation, the State, or the city are enforced in this country by the people, through their government, through the courts, presided over by judges whom the people themselves select for that purpose. Sometimes the punishment is severe, sometimes mild. It all depends upon the character of the person who disobeys the law, and whether the disobedience is stubborn or willful. Penalties are imposed, not only to punish the wrongdoer, but as a warning to others, that if they disobey the law, they too will be punished.In this country all laws imposing punishment for offenses are printed so that every one may know what the law is; but it is not necessary that one should study each separate law, because as a rule, your conscience will be your guide against wrong doing. There are not many acts punished by the State or Nation which are not morally wrong. The person whose heart is right knows good from evil; and the person who really tries to do right will seldom be guilty of violating any law.I do not expect you to learn all about the different laws. This is not necessary. But I do expect you to understand enough about the law to realize that we are all subject to authority; that laws are enacted by the authority of the[pg 048]people; that laws are absolutely necessary, and that without laws we should have no liberty. Above all, I want you to learn that in this country the people make the laws, and I want you to feel absolute confidence in the power of the people to make and enforce laws.I hope that you will acquire a spirit of confidence and faith in the justice of the law, and learn that submission to the law is absolutely essential in a government of the people and by the people.26But there are many laws, many rules of conduct, besides those defining crimes, offenses, and the punishment of wrongdoers.I want to talk to you briefly about some of the laws which affect our conduct in every day life, in matters not criminal. I want to impress upon you how far reaching the law is as affecting every human being in his daily conduct.27Suppose one of the girls here goes to the store to buy a piece of cloth. How does she tell the merchant how much cloth she wants? She, without doubt, will say that she wants one yard, or two yards, or three yards, according to her needs. Now how much is a yard? Of course you all know that a yard is three feet. I suppose you all know that a yard is the same length in every city in the United States. We go into the store and ask for a yard of cloth in any city in the country, with absolute confidence that we will get for each yard, three feet in length. But how do we know we will get three feet in length for each yard? How do we know what we will get when we ask for a pound of coffee, or for a ton of coal, or for a quart of milk?These weights and measures are nearly all fixed by law. When you come to read the Constitution of the United States, you will find that there is conferred upon the United States government the power to“fix the standard of Weights and Measures”.28[pg 049]The Constitution is the fundamental law of the land. This confers upon the United States government the right to fix all standards of measurements and all weights and measures of every kind. The United States government has this power. It is not required to exercise the power, but it has the power.The United States government has a National Bureau of Standards,29which supervises weights and measurements, which coöperates with the States, and maintains uniformity, so that in every State, with reference to most things bought and sold, the law fixes definitely the quantity or dimensions. Without such laws you can see what a mass of confusion the people would be in at all times.Severe penalties are imposed by law upon those who give short measure, or short weight,30in order to protect buyers against those who might defraud them.So you see how necessary law is to the simple transactions of life, and how we are constantly relying upon the law in our daily transactions, to protect us against wrongdoers.Then again, how do you know how much the silver dollar which you are saving for Christmas is really worth? How do you know that one dollar is as valuable as another dollar? How do you know that the paper dollar which is in circulation is as valuable as the silver dollar? Well, here again when you read the Constitution of the United States, you will find that the people, when they adopted the Constitution, gave to the Congress of the United States the power:“To coin Money, regulate the Value thereof, and of foreign Coin”.31Congress, with this power, has enacted numerous laws with reference to the coinage of silver and gold money, the printing of paper money, and fixing the value of such money. How helpless the people would be without such laws.Then how do you know that the dollar you received in change at the grocery store is a real dollar? There are many[pg 050]counterfeit dollars made by wrongdoers, by criminals who seek to profit by manufacturing money themselves, sometimes so much like the genuine, that it is almost impossible to detect the difference. There are counterfeit bills, and counterfeit coin, which I dare say could not be distinguished from the genuine by any person in this room. But there are laws enacted by Congress providing very severe punishment for any person who makes, passes, or attempts to pass, any counterfeit coin. For instance, if one shall make, or pass, or attempt to pass counterfeit gold or silver coin, he may be punished by five years imprisonment in the penitentiary.32Even for making, or passing, or attempting to pass a one cent, two cent, three cent, or five cent piece, a person may be imprisoned for five years. Any one who makes a die or mold designed for the coining, or making of counterfeit coins may be punished by imprisonment in the penitentiary for ten years.These are severe penalties. Liberty is dear, and yet you can see how absolutely necessary it is to have these severe penalties in order to protect you, your father and mother, and all other persons from being defrauded and wronged by the use of counterfeit money which is worthless, but which most people cannot distinguish from the genuine.I suppose you watched for the letter carrier this morning. Perhaps you were expecting a letter from a friend or relative. The letter carrier came to your door. You did not have to walk to the post office. Perhaps your friend lives one thousand miles away. How is it possible for you to receive a letter in perhaps a couple of days from that far distant point? Did you ever stop to think about it? Of course you say,“Well it came through the post office”. Yes, but the postoffice is only a part of the great postal system of this country, which carries your letters from one end of the land to another for the small amount of two cents; and we have wonderful confidence in this postal service. We[pg 051]carelessly drop into the mail box most important letters, often most sacred, but we have no doubt that the letter will reach its destination safely.33How is it all possible? Well, again, in reading the Constitution you will find that the people gave to Congress the power:“To establish Post Offices and Post roads.”34This power has been exercised by the enactment of many laws by Congress providing for post offices, letter carriers, postal clerks, railway mail service, rural routes, and many laws severely punishing any one in the postal service who willfully fails to perform his duties.Persons engaged in the postal service may be sent to the penitentiary for stealing money from the mails, stealing a letter from the mails, for any act of dishonesty, or failure of prescribed duty. How could the great postal service of this country be maintained without such laws? How would the people have the blessing of a great service of this kind without the most carefully prepared laws made to protect the people?So I might go on giving numerous other illustrations of the laws enacted by the people through their representatives, for the benefit of the people themselves, for their comfort, their convenience, and their protection against wrongdoers, who might deprive them of their property, or of things still more sacred than property.I have only used these illustrations to impress upon you the great truth that there is hardly any relation in life in which the law does not have an important part. We should realize early in life that law is absolutely necessary to guide human conduct, to restrain wrongful conduct, to punish wrong doing, and thus to aid in protecting us in our right to life, liberty, and property.These laws are not the judges' laws, nor the lawyers' laws;[pg 052]they are the laws of the people, made for their benefit, worthy of our most earnest support, calling upon us for loyal obedience, demanding our respect, and inspiring our confidence.[pg 054]ELEMENTARY QUESTIONS.1. What is a law?2. By whom is a law enforced?3. Name an activity in life that the law has nothing to do with.4. Make a list of some of the laws that your father and mother make in your home.5. Make a list of some of the rules of conduct found in school.6. Go to a store in your town. Are there rules of conduct for the clerks? What are they?7. Who makes the rules in a home? In a school? In business institutions?8. Upon which side of the street must a person drive? Why?9. Who fixes the rules of measurement and weight?10. Suppose that you buy a ton of coal and find later on that you only received 1500 pounds. Could you do anything about it? Why should the coal dealer be punished?11. What would it be like if we had no laws at all?ADVANCED QUESTIONSA. In imposing punishment upon a wrongdoer, what elements does the judge consider in fixing the amount of fine or the length of punishment?B. Why do we have our laws printed? What would be the dangers of having secret laws concerning the nature and existence of which the people could not obtain information?C. What is the distinction between a rule of conduct in the home and a law of the land?D. List a number of laws and penalties in addition to those cited by the judge.E. Why cannot one have liberty without law?F. Why are people punished when they break the law?G. Is it ever right to break the law?H. Write a paper on the following:Why Breaking the Postal Laws Deserves Severe PunishmentLiberty Under the LawThe Danger of Counterfeit MoneyLaws that Should Be PassedHow to Have a Law Passed[pg 055]
III. LibertyDefinition Of Liberty And The Historical Background Of The Struggle For ItI hope that we now all understand that the purpose of government is to maintain the liberty of the people. I wish that every child would learn from the Declaration of Independence the following:“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”12This expresses the whole purpose of government—to secure the right to life, to liberty, and to happiness.I suppose every child here would like to be rich some day. A great many people feel that riches bring happiness. The experience of men, however, is that riches more often bring disappointments, burdens, and grief.What is the most valuable thing in the world?It is not money, lands, nor jewels. The most valuable thing in the world is human liberty. I do not believe that we, born here in America, realize the value of human liberty. It comes to us as a heritage. We accept it as we accept the sunlight, the springtime, the harvest. I am afraid that we seldom stop to recall the fact that the great blessing of human liberty, as we have it here in America, did not exist before our Nation was born. Always remember that there were thousands of years before our country came into being, when the people, men, women, and children living in many countries of the[pg 028]world and under many forms of government dreamed, hoped, and prayed for freedom. But it never came to them. They lived, labored, and died under kings and emperors, or other rulers, never having any power, or at most very limited power, in making the laws under which they were compelled to live.13To a considerable extent the history of the world is a sorrowful story of men who fought and died in struggles for liberty, the same liberty which we in this country enjoy. We must not forget that freedom in this Nation was obtained only through war, bloodshed, and sacrifice.Now what is this liberty for which men have fought and died? It is liberty of thought, liberty of speech, liberty of conscience, liberty of action, liberty, as the Supreme Court of the United States says,“of all the faculties”. Men wanted the right to form their own opinions and to express them in speech or in writing. They wished to worship God according to the dictates of their own consciences, and not as directed by the ruler of the government. They wanted to work in employments of their own choice, to have their own earnings for themselves and their families, instead of having it taken as tithes or taxes to buy purple robes for some monarch upon a throne. They wanted the right to own property, to own a home; and they hoped and prayed for the day when their children might have a chance to advance in life according to their merits. They hoped some day to have the door of opportunity open to the son of the poor man as well as the rich. They hoped to see class and privilege wiped away.14These were the things that men and women throughout the centuries struggled for, but which were never attained in the whole history of the world, by any race or by any nation, until America opened its doors to all the peoples of the earth, guaranteeing to them all the blessings which had been so long denied to the human race.[pg 029]You will understand better the functions of government with relation to human liberty if you will realize that human liberty is a natural right. It comes from no man and no government. It is“God given”. Men are born free. The love of freedom is in every human heart. Again recall the words of the Declaration of Independence—“all men are created equal ... they are endowed by their Creator with certain unalienable Rights”, among which is liberty.America does not confer liberty upon the individual. America realizes that the individual possesses the right to liberty, and the whole structure of the American government is framed with the special purpose of protecting each individual in his natural liberty.15Now there is no danger to the liberty of any one except from two sources—the wrong of a fellowman, or the wrong of the government, which in this country is a mere organization of men and women and children. Here we see emphasized the necessity for law in order to protect the liberty of the individual. Government is organized to protect individuals in their liberties. This protection is furnished by laws enacted by the people to protect the weak against the strong, the good against the evil; and in this country the same law applies to every individual. There are no special laws for special classes; every one is equally interested in having these laws as just and fair as possible. Liberty under law is the privilege of doing everything one wishes to do, except in so far as his acts may interfere in some way with like privileges of those who are about him in society.Therefore always keep in mind that the great achievement of those who founded America was the establishment of a Nation where liberty would have a home. Of course liberty could not be fully established in this country until the Nation was fully established, until the Constitution was adopted, until laws were enacted; but from the adoption of the Constitution[pg 030]to the present time the people have enacted laws from time to time, and still enact laws, the better to protect every man in his liberty and to enlarge his opportunities in life.Now in order to understand clearly how the liberties of the people are protected through our government, we must understand the nature and form of our government; and this subject we must take up at our next meeting.[pg 031]ELEMENTARY QUESTIONS1. What is your idea of the right to“life”? Does it mean that no one shall ever be sentenced to death for murder?2. What is your idea of the right to“property”? Does this mean that everyone shall be wealthy? Does it mean that everyone shall own his own home?3. What is your idea of the right to“pursuit of happiness”? Does this mean that everyone can do as he pleases?4. Why does the judge say that liberty is the most valuable thing in the world? What would you trade for it?5. Note the dangers to liberty that the judge points out. What are they?6. Give an illustration of each of these dangers.7. How may we protect ourselves against these dangers?8. Where does this liberty that we enjoy come from? Who grants it?ADVANCED QUESTIONSA. In what particular ways does the Constitution of the United States guarantee liberty?B. What forms of government existed before the United States? What liberties did the people of Russia, or France, or England enjoy in 1600?C. Who really possesses the power of government in the United States?D. How is the liberty of the individual protected in the United States?E. In what ways were the people of Massachusetts in 1650 not as free as we are to-day?F. What does it mean when we say“all men are created equal”?G. Discuss the real meaning of the right to“Life, Liberty and the pursuit of Happiness”.[pg 032]H. Write a paper on:Ways in Which We Have an Equal ChanceHow We Can Make Chances Still More Equal“I hope to see the time when every American citizen will have an unfettered start and an equal chance in the race of life.”—Abraham LincolnThe Meaning of LibertyA Week in a Land Where There Is No Liberty
I hope that we now all understand that the purpose of government is to maintain the liberty of the people. I wish that every child would learn from the Declaration of Independence the following:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”12
This expresses the whole purpose of government—to secure the right to life, to liberty, and to happiness.
I suppose every child here would like to be rich some day. A great many people feel that riches bring happiness. The experience of men, however, is that riches more often bring disappointments, burdens, and grief.
What is the most valuable thing in the world?It is not money, lands, nor jewels. The most valuable thing in the world is human liberty. I do not believe that we, born here in America, realize the value of human liberty. It comes to us as a heritage. We accept it as we accept the sunlight, the springtime, the harvest. I am afraid that we seldom stop to recall the fact that the great blessing of human liberty, as we have it here in America, did not exist before our Nation was born. Always remember that there were thousands of years before our country came into being, when the people, men, women, and children living in many countries of the[pg 028]world and under many forms of government dreamed, hoped, and prayed for freedom. But it never came to them. They lived, labored, and died under kings and emperors, or other rulers, never having any power, or at most very limited power, in making the laws under which they were compelled to live.13
To a considerable extent the history of the world is a sorrowful story of men who fought and died in struggles for liberty, the same liberty which we in this country enjoy. We must not forget that freedom in this Nation was obtained only through war, bloodshed, and sacrifice.
Now what is this liberty for which men have fought and died? It is liberty of thought, liberty of speech, liberty of conscience, liberty of action, liberty, as the Supreme Court of the United States says,“of all the faculties”. Men wanted the right to form their own opinions and to express them in speech or in writing. They wished to worship God according to the dictates of their own consciences, and not as directed by the ruler of the government. They wanted to work in employments of their own choice, to have their own earnings for themselves and their families, instead of having it taken as tithes or taxes to buy purple robes for some monarch upon a throne. They wanted the right to own property, to own a home; and they hoped and prayed for the day when their children might have a chance to advance in life according to their merits. They hoped some day to have the door of opportunity open to the son of the poor man as well as the rich. They hoped to see class and privilege wiped away.14
These were the things that men and women throughout the centuries struggled for, but which were never attained in the whole history of the world, by any race or by any nation, until America opened its doors to all the peoples of the earth, guaranteeing to them all the blessings which had been so long denied to the human race.
You will understand better the functions of government with relation to human liberty if you will realize that human liberty is a natural right. It comes from no man and no government. It is“God given”. Men are born free. The love of freedom is in every human heart. Again recall the words of the Declaration of Independence—“all men are created equal ... they are endowed by their Creator with certain unalienable Rights”, among which is liberty.
America does not confer liberty upon the individual. America realizes that the individual possesses the right to liberty, and the whole structure of the American government is framed with the special purpose of protecting each individual in his natural liberty.15
Now there is no danger to the liberty of any one except from two sources—the wrong of a fellowman, or the wrong of the government, which in this country is a mere organization of men and women and children. Here we see emphasized the necessity for law in order to protect the liberty of the individual. Government is organized to protect individuals in their liberties. This protection is furnished by laws enacted by the people to protect the weak against the strong, the good against the evil; and in this country the same law applies to every individual. There are no special laws for special classes; every one is equally interested in having these laws as just and fair as possible. Liberty under law is the privilege of doing everything one wishes to do, except in so far as his acts may interfere in some way with like privileges of those who are about him in society.
Therefore always keep in mind that the great achievement of those who founded America was the establishment of a Nation where liberty would have a home. Of course liberty could not be fully established in this country until the Nation was fully established, until the Constitution was adopted, until laws were enacted; but from the adoption of the Constitution[pg 030]to the present time the people have enacted laws from time to time, and still enact laws, the better to protect every man in his liberty and to enlarge his opportunities in life.
Now in order to understand clearly how the liberties of the people are protected through our government, we must understand the nature and form of our government; and this subject we must take up at our next meeting.
ELEMENTARY QUESTIONS
1. What is your idea of the right to“life”? Does it mean that no one shall ever be sentenced to death for murder?
2. What is your idea of the right to“property”? Does this mean that everyone shall be wealthy? Does it mean that everyone shall own his own home?
3. What is your idea of the right to“pursuit of happiness”? Does this mean that everyone can do as he pleases?
4. Why does the judge say that liberty is the most valuable thing in the world? What would you trade for it?
5. Note the dangers to liberty that the judge points out. What are they?
6. Give an illustration of each of these dangers.
7. How may we protect ourselves against these dangers?
8. Where does this liberty that we enjoy come from? Who grants it?
ADVANCED QUESTIONS
A. In what particular ways does the Constitution of the United States guarantee liberty?
B. What forms of government existed before the United States? What liberties did the people of Russia, or France, or England enjoy in 1600?
C. Who really possesses the power of government in the United States?
D. How is the liberty of the individual protected in the United States?
E. In what ways were the people of Massachusetts in 1650 not as free as we are to-day?
F. What does it mean when we say“all men are created equal”?
G. Discuss the real meaning of the right to“Life, Liberty and the pursuit of Happiness”.
H. Write a paper on:
Ways in Which We Have an Equal ChanceHow We Can Make Chances Still More Equal“I hope to see the time when every American citizen will have an unfettered start and an equal chance in the race of life.”—Abraham LincolnThe Meaning of LibertyA Week in a Land Where There Is No Liberty
Ways in Which We Have an Equal Chance
How We Can Make Chances Still More Equal
“I hope to see the time when every American citizen will have an unfettered start and an equal chance in the race of life.”—Abraham Lincoln
The Meaning of Liberty
A Week in a Land Where There Is No Liberty
IV. America—A DemocracyThe Spirit Of Democracy Developed Under The Constitution Of Our CountryIt is not sufficient that we shall know what government is and where it is. We must also understand its nature. It is the proud boast of America that it is a democracy, the first real democracy in the world. Now what is meant by a democracy? We hear much about democracy, and we hear much about republicanism, and many people when they hear or see these terms think that it has to do with the Democratic or Republican political party. We must not be confused. We must see and think clearly. Democracy and republicanism, as we use the terms in these talks, have no reference to any political party, but relate solely to the form of government under which we live.America is a democracy. It is also a republic, as we shall see in our next talk. It is very important that we shall understand why it is a democracy, and why it is also a republic, and the distinction between the two.It has been well said that republicanism in government“refers rather to the form of government”, and that democracy refers to the“spirit of government”. In government as with the people the spirit is the real, important thing. In a democracy the people govern.“A government of the people, by the people, and for the people”, as Lincoln expressed it, is a democracy. In a democracy no man is the master of another man without his consent. In a democracy there are no slaves. In a democracy each and all have equal rights. Every one in a democracy has an equal opportunity with every other person.16[pg 034]You have already learned that in this country the people make the laws. In the making of laws the banker and the man who digs in the sewer have the same power. Each has one vote on election day, and no more. America has no rulers except the people. In a democracy the spirit of all should be one of toleration and kindness. All of us cannot have things just as we want them in this world. Men do not all agree, so we must let the majority of the people rule. But the majority should not have any feeling of superiority. The majority should be inspired by a sense of justice and charity toward their fellowmen. In fact a democracy is a brotherhood in which each person should think, not only of himself, but of his neighbor. In this democracy the more we think of the rights of our neighbor and the more we think of our duty toward our neighbor, the better will our government be.In a democracy we live in the belief that all men are created equal, that all through life they are equal in their rights, in their duties, and in their privileges. I do not mean of course that all men are equal in physical strength, because you who run and wrestle every day know that some are stronger than others. I do not mean that all are equal in the powers of the mind, because some of us here this morning, even some who study hard, know that other pupils get higher marks in every examination. Nor do I mean that all are equal in wealth, in health, or in comforts.What I mean is, that so far as life and liberty are concerned, in our rights under the law, in our protection under the law, we are all equal.In a democracy the people make the laws, and the people enforce the laws. As we shall hereafter see, every man who takes part in making a law, and every one who aids in enforcing the law is selected by the people. But the great thing about a democracy is the spirit of the people—the feeling of the people toward each other. Pride of wealth, position,[pg 035]race, or creed has no place in a democracy. Every person should feel sympathy and charity for his neighbor, and for his neighbor's problems in life.We should all be willing to help those who may be less fortunate. We should all endeavor to make our neighbor's life as easy as possible.A democracy cannot be a government by groups: it must be a government by every one.Now I do not mean to say that we in this country all have the proper feeling toward our neighbor. We are not all good citizens of a democracy. Many people have pride, selfishness, and hate. Many people do not seem to care how the rest of the world lives. Such people are not worthy to have the privileges of living in a democracy. Many people are also ignorant in matters of government. They do not seem to care what kind of a government we have. In fact many people will not vote on election day. It is because of pride, selfishness, hate, ignorance, and indifference that I am here talking to you to-day. This is a wonderful government, but it can be made much better, with more freedom and more justice, if the people will only learn more about their power and their duty, especially if they will only cultivate the right spirit—the spirit of America, the spirit of justice, humility, kindness, and charity.“Love thy neighbor as thyself”is not only a Christian duty, but it is the foundation of social life in a democracy. You will find when you become acquainted with life that success in life does not depend upon money, clothes, nor social position, but that in this American democracy real merit wins. More and more are we learning every day that true happiness comes only from service, service to humanity, service to our country, and this spirit of service must be developed in childhood, and expand as we grow to manhood and womanhood.[pg 036]That was a nice thing you did the other day, here in this school, when you put your pennies and your nickels together, bought a ton of coal, and sent it to the widowed mother of one of your schoolmates who had been sick for several weeks. He is just a poor Polish boy; but when in health he ran errands before and after school. This helped to support his mother and his little sister. I am sure that he thinks of you every day; and that he often thanks God that his father, who died last winter, had the courage to leave the old home in Poland and come to America where there is a chance for the poorest and the most obscure.I told you a while ago that this is the first real democracy in the world. So few people stop to think about this. The world is thousands of years old. Humanity in all these thousands of years has been made up of men, women, and children just like us. They hoped for, and dreamed of freedom, but until America became a Nation no government in the world had ever been a real government by the people. They had always been ruled by a king, a queen, an emperor, by some other ruler, by a small group of men who were rulers, or by a certain class. Your father may be a blacksmith, or a street sweeper, but on election day he can vote. Up to the organization of this government no such right existed anywhere in the world. In some countries, a few men who owned a certain amount of property could vote; but the wise men of the world sneered at the American plan to give every man the right to vote whether he owned a dollar's worth of property or not.Always remember this, too, that even when America became a Nation, the right of all the people to vote was not granted at once. Many of our States for many years required that a voter must have a certain amount of property. Finally this was all wiped away. America has been a growth, each generation doing a little more to expand the power of[pg 037]the people, and this growth, this expansion must continue. We are still a young Nation and we all have much to do to aid in making this democracy a better place in which to live.When you hear of other democracies now existing in the world, remember that America has been their guide and inspiration. Men came from France to help fight our revolution, and carried back with them the spirit of America. In time democracy was established in France. So with all the countries in the world which to-day have a greater or less degree of democracy, to them all, America has been a beacon light, a source of courage and of inspiration. Did any of you ever see the great Statue of Liberty at the entrance to the New York harbor? If you did, you saw that grand figure looking out to the east over the great expanse of water, holding aloft the great torch which in the darkness of the night is aglow with light, the great flaming torch, which is emblematic of America enlightening the world.[pg 038]ELEMENTARY QUESTIONS1. Which was the first real democracy to be established in the world?2. What is a democracy? What is the difference between“democracy”and a“Democrat”?3. Who governs in a democracy?4. In a democracy, who makes the laws?5. How is power in government expressed in a democracy? In America, does one man have more power than another?6. How many times can a person vote on election day?7. Suppose Congress or the legislature in our State passes a law that we do not like. Do we have to obey it? What can we do about it? How can we secure a change in the law?ADVANCED QUESTIONSA. What does“government of the people, by the people, and for the people”mean?B. What is the proper spirit of people who live in a democracy?C. What is meant by“the majority of the people rule”?D. What would happen if the minority should rule? Lincoln said that this meant anarchy. Why?E. Does the minority have any rights? Should the majority pay any attention to them? Why or why not?F. Who enforces laws in a democracy?G. Why is it said that the best way to get rid of a bad law is rigidly to enforce it?H. What is the result of not casting your ballot on election day?I. It is a fact that from election to election there is an increasing percentage of the qualified voters who do not vote. What is the danger of this? What is it likely to lead to?J. Write a paper on:The Meaning of DemocracyThe Danger of Not VotingWhy It Is Right that Women Should VoteWhy We Fought to Make the World Safe for Democracy
It is not sufficient that we shall know what government is and where it is. We must also understand its nature. It is the proud boast of America that it is a democracy, the first real democracy in the world. Now what is meant by a democracy? We hear much about democracy, and we hear much about republicanism, and many people when they hear or see these terms think that it has to do with the Democratic or Republican political party. We must not be confused. We must see and think clearly. Democracy and republicanism, as we use the terms in these talks, have no reference to any political party, but relate solely to the form of government under which we live.
America is a democracy. It is also a republic, as we shall see in our next talk. It is very important that we shall understand why it is a democracy, and why it is also a republic, and the distinction between the two.
It has been well said that republicanism in government“refers rather to the form of government”, and that democracy refers to the“spirit of government”. In government as with the people the spirit is the real, important thing. In a democracy the people govern.“A government of the people, by the people, and for the people”, as Lincoln expressed it, is a democracy. In a democracy no man is the master of another man without his consent. In a democracy there are no slaves. In a democracy each and all have equal rights. Every one in a democracy has an equal opportunity with every other person.16
You have already learned that in this country the people make the laws. In the making of laws the banker and the man who digs in the sewer have the same power. Each has one vote on election day, and no more. America has no rulers except the people. In a democracy the spirit of all should be one of toleration and kindness. All of us cannot have things just as we want them in this world. Men do not all agree, so we must let the majority of the people rule. But the majority should not have any feeling of superiority. The majority should be inspired by a sense of justice and charity toward their fellowmen. In fact a democracy is a brotherhood in which each person should think, not only of himself, but of his neighbor. In this democracy the more we think of the rights of our neighbor and the more we think of our duty toward our neighbor, the better will our government be.
In a democracy we live in the belief that all men are created equal, that all through life they are equal in their rights, in their duties, and in their privileges. I do not mean of course that all men are equal in physical strength, because you who run and wrestle every day know that some are stronger than others. I do not mean that all are equal in the powers of the mind, because some of us here this morning, even some who study hard, know that other pupils get higher marks in every examination. Nor do I mean that all are equal in wealth, in health, or in comforts.
What I mean is, that so far as life and liberty are concerned, in our rights under the law, in our protection under the law, we are all equal.
In a democracy the people make the laws, and the people enforce the laws. As we shall hereafter see, every man who takes part in making a law, and every one who aids in enforcing the law is selected by the people. But the great thing about a democracy is the spirit of the people—the feeling of the people toward each other. Pride of wealth, position,[pg 035]race, or creed has no place in a democracy. Every person should feel sympathy and charity for his neighbor, and for his neighbor's problems in life.
We should all be willing to help those who may be less fortunate. We should all endeavor to make our neighbor's life as easy as possible.
A democracy cannot be a government by groups: it must be a government by every one.
Now I do not mean to say that we in this country all have the proper feeling toward our neighbor. We are not all good citizens of a democracy. Many people have pride, selfishness, and hate. Many people do not seem to care how the rest of the world lives. Such people are not worthy to have the privileges of living in a democracy. Many people are also ignorant in matters of government. They do not seem to care what kind of a government we have. In fact many people will not vote on election day. It is because of pride, selfishness, hate, ignorance, and indifference that I am here talking to you to-day. This is a wonderful government, but it can be made much better, with more freedom and more justice, if the people will only learn more about their power and their duty, especially if they will only cultivate the right spirit—the spirit of America, the spirit of justice, humility, kindness, and charity.
“Love thy neighbor as thyself”is not only a Christian duty, but it is the foundation of social life in a democracy. You will find when you become acquainted with life that success in life does not depend upon money, clothes, nor social position, but that in this American democracy real merit wins. More and more are we learning every day that true happiness comes only from service, service to humanity, service to our country, and this spirit of service must be developed in childhood, and expand as we grow to manhood and womanhood.
That was a nice thing you did the other day, here in this school, when you put your pennies and your nickels together, bought a ton of coal, and sent it to the widowed mother of one of your schoolmates who had been sick for several weeks. He is just a poor Polish boy; but when in health he ran errands before and after school. This helped to support his mother and his little sister. I am sure that he thinks of you every day; and that he often thanks God that his father, who died last winter, had the courage to leave the old home in Poland and come to America where there is a chance for the poorest and the most obscure.
I told you a while ago that this is the first real democracy in the world. So few people stop to think about this. The world is thousands of years old. Humanity in all these thousands of years has been made up of men, women, and children just like us. They hoped for, and dreamed of freedom, but until America became a Nation no government in the world had ever been a real government by the people. They had always been ruled by a king, a queen, an emperor, by some other ruler, by a small group of men who were rulers, or by a certain class. Your father may be a blacksmith, or a street sweeper, but on election day he can vote. Up to the organization of this government no such right existed anywhere in the world. In some countries, a few men who owned a certain amount of property could vote; but the wise men of the world sneered at the American plan to give every man the right to vote whether he owned a dollar's worth of property or not.
Always remember this, too, that even when America became a Nation, the right of all the people to vote was not granted at once. Many of our States for many years required that a voter must have a certain amount of property. Finally this was all wiped away. America has been a growth, each generation doing a little more to expand the power of[pg 037]the people, and this growth, this expansion must continue. We are still a young Nation and we all have much to do to aid in making this democracy a better place in which to live.
When you hear of other democracies now existing in the world, remember that America has been their guide and inspiration. Men came from France to help fight our revolution, and carried back with them the spirit of America. In time democracy was established in France. So with all the countries in the world which to-day have a greater or less degree of democracy, to them all, America has been a beacon light, a source of courage and of inspiration. Did any of you ever see the great Statue of Liberty at the entrance to the New York harbor? If you did, you saw that grand figure looking out to the east over the great expanse of water, holding aloft the great torch which in the darkness of the night is aglow with light, the great flaming torch, which is emblematic of America enlightening the world.
ELEMENTARY QUESTIONS
1. Which was the first real democracy to be established in the world?
2. What is a democracy? What is the difference between“democracy”and a“Democrat”?
3. Who governs in a democracy?
4. In a democracy, who makes the laws?
5. How is power in government expressed in a democracy? In America, does one man have more power than another?
6. How many times can a person vote on election day?
7. Suppose Congress or the legislature in our State passes a law that we do not like. Do we have to obey it? What can we do about it? How can we secure a change in the law?
ADVANCED QUESTIONS
A. What does“government of the people, by the people, and for the people”mean?
B. What is the proper spirit of people who live in a democracy?
C. What is meant by“the majority of the people rule”?
D. What would happen if the minority should rule? Lincoln said that this meant anarchy. Why?
E. Does the minority have any rights? Should the majority pay any attention to them? Why or why not?
F. Who enforces laws in a democracy?
G. Why is it said that the best way to get rid of a bad law is rigidly to enforce it?
H. What is the result of not casting your ballot on election day?
I. It is a fact that from election to election there is an increasing percentage of the qualified voters who do not vote. What is the danger of this? What is it likely to lead to?
J. Write a paper on:
The Meaning of DemocracyThe Danger of Not VotingWhy It Is Right that Women Should VoteWhy We Fought to Make the World Safe for Democracy
The Meaning of Democracy
The Danger of Not Voting
Why It Is Right that Women Should Vote
Why We Fought to Make the World Safe for Democracy
V. America—A RepublicA Representative Form Of Government Under The ConstitutionAs I stated to you in our last discourse, America is a democracy, but it is also a republic. It is a democracy in its spirit and the power of its people, but in the mode of exercise of the power of the people it is a republic. We often hear America referred to as a“representative democracy”. If America were merely a democracy there would be no fixed method for expressing the wishes or the power of the people. In a pure democracy, people having full power would naturally assemble from time to time to decide by the vote of all those present what should be done for the public good.You will hear of the“town meeting”which even to-day in some parts of New England is held from time to time, where the people assemble, and by vote decide matters of public concern.But this is now a Nation of more than one hundred and five million people. We have forty-eight States, many of them very populous. When the Constitution was adopted, there were only about 3,900,000 people in all the States; but those who framed the Constitution looked into the future and could see something of the wonderful growth of the Nation which they were planning. Of course it is easy for anyone to see that in a large country like this, with a large population or a population as large as it was at the time when the Constitution was adopted, it would be impossible for all the people to assemble in a meeting to vote directly upon the passage of necessary laws, or to provide for taxation, or to conduct the general business of the State or the Nation. You[pg 040]can see how absolutely impossible it would be in these days to have the people of the United States assemble at the National capital to vote on any law, or to make any appropriation, or to provide rules for exercise of governmental power.Therefore you can readily see that the founders of this country very wisely realized that the only government possible would be what is known as a representative government, a democracy where the people would have all the power, but a republic wherein the people would express that power, not directly, but through representatives or agents chosen by them.17The government of the United States and that of each of the States is sub-divided into three parts: the executive, represented by the President or the Governor, the legislative, represented by Congress or the legislature, and the judicial, represented by the courts.Now the President and the members of Congress, including the Senate, and the judges of the courts are all merely representatives of the people chosen by the people to carry out the will of the people. The position and powers of all of these representatives of the people are fixed and defined by laws enacted by the people.As we shall hereafter find, the first law of the Nation, the foundation of all laws of the Nation, is the Constitution of the United States, which in the long ago was adopted by the people of thirteen small States.Our form of government therefore is representative. That is to say, the people choose their representatives to do the business of the country for the people. Laws are voted for directly by members of Congress and the Senate of the United States, or members of the legislatures of the States; but these members of Congress, Senators, and legislators are selected by the people, and in voting for laws they are expressing the will of the people who voted for them. They are elected for[pg 041]a short term of years, so that in case any one of them should not, in his vote upon any law, carry out the wishes of the people who elected him, they may at the next election select someone else in his place who will better represent them.18The important thing to bear in mind in relation to this government organization, with all the officers now necessary to do the business of the people of this great country, is that these officers—executive, legislative, and judicial—are not the government; the government rests with the people, and these officers are merely servants of the people, subject to the will of the people.It has been well said that government in a democracy is organized public opinion. Public officers, representatives of the people, have only the power which the people give to them. In many of the States of this country, in the enactment of laws, the people by law make provision by which the people themselves have the power to reject laws enacted by their representatives of which they do not approve. Under the“initiative”and“referendum”in some States, the people retain the power to direct their legislature to enact certain laws. Also laws made by the legislature may be voted upon by the people for final approval, if desired.19The important thing first to be learned is that in this democracy the government is in form a republic, because the laws are enacted and enforced, not by the direct vote of the people, but by the representatives elected by the people.The power of the people always continues. A law may be passed by one legislature, or one session of Congress, and may be repealed the next. Any law upon the statute books may be changed from time to time, in response to the changing sentiment of the people.We are inclined to consider the term“representative government”as relating particularly to the enactment of laws, but this is a representative government not only in the making[pg 042]of laws, but also in the enforcement of laws. I want you to realize early in life that every citizen has a responsibility for enforcing laws as well as for making laws, and that for any failure or omission in the making of laws, or in the enforcement of laws, the people must bear the responsibility.[pg 043]ELEMENTARY QUESTIONS1. In what respect is America a republic?2. What is the difference between a republic and a Republican?3. What was the population of America when the Constitution was adopted?4. Why was it impossible to have all the people assemble to adopt laws?5. What is meant by a representative of the people?6. Suppose a representative does not represent the people as they wish. What can they do about it? Give illustrations.7. Into what parts is the government of the United States divided?8. How are the powers and duties of representatives of the people defined? Why does the judge say that the people really have the power and that this power continues?ADVANCED QUESTIONSA. What is the fundamental law of the United States? Why is it fundamental?B. How can we say that the people have power in lawmaking, when we know that the representatives make the laws?C. How can we influence the votes of our representatives?D. If you know that your representative is likely to vote against your own wishes, what can you do about it?E. How soon may a law be changed after it has been passed?F. What is meant by“initiative, referendum, and recall”? How have they worked out in practice?G. Write a paper on the following:The Difference between a Democracy and a RepublicHow the Public Can Make Their Representatives Represent ThemWhy America Could Not Do Without RepresentativesThe New England Town Meeting
As I stated to you in our last discourse, America is a democracy, but it is also a republic. It is a democracy in its spirit and the power of its people, but in the mode of exercise of the power of the people it is a republic. We often hear America referred to as a“representative democracy”. If America were merely a democracy there would be no fixed method for expressing the wishes or the power of the people. In a pure democracy, people having full power would naturally assemble from time to time to decide by the vote of all those present what should be done for the public good.
You will hear of the“town meeting”which even to-day in some parts of New England is held from time to time, where the people assemble, and by vote decide matters of public concern.
But this is now a Nation of more than one hundred and five million people. We have forty-eight States, many of them very populous. When the Constitution was adopted, there were only about 3,900,000 people in all the States; but those who framed the Constitution looked into the future and could see something of the wonderful growth of the Nation which they were planning. Of course it is easy for anyone to see that in a large country like this, with a large population or a population as large as it was at the time when the Constitution was adopted, it would be impossible for all the people to assemble in a meeting to vote directly upon the passage of necessary laws, or to provide for taxation, or to conduct the general business of the State or the Nation. You[pg 040]can see how absolutely impossible it would be in these days to have the people of the United States assemble at the National capital to vote on any law, or to make any appropriation, or to provide rules for exercise of governmental power.
Therefore you can readily see that the founders of this country very wisely realized that the only government possible would be what is known as a representative government, a democracy where the people would have all the power, but a republic wherein the people would express that power, not directly, but through representatives or agents chosen by them.17
The government of the United States and that of each of the States is sub-divided into three parts: the executive, represented by the President or the Governor, the legislative, represented by Congress or the legislature, and the judicial, represented by the courts.
Now the President and the members of Congress, including the Senate, and the judges of the courts are all merely representatives of the people chosen by the people to carry out the will of the people. The position and powers of all of these representatives of the people are fixed and defined by laws enacted by the people.
As we shall hereafter find, the first law of the Nation, the foundation of all laws of the Nation, is the Constitution of the United States, which in the long ago was adopted by the people of thirteen small States.
Our form of government therefore is representative. That is to say, the people choose their representatives to do the business of the country for the people. Laws are voted for directly by members of Congress and the Senate of the United States, or members of the legislatures of the States; but these members of Congress, Senators, and legislators are selected by the people, and in voting for laws they are expressing the will of the people who voted for them. They are elected for[pg 041]a short term of years, so that in case any one of them should not, in his vote upon any law, carry out the wishes of the people who elected him, they may at the next election select someone else in his place who will better represent them.18
The important thing to bear in mind in relation to this government organization, with all the officers now necessary to do the business of the people of this great country, is that these officers—executive, legislative, and judicial—are not the government; the government rests with the people, and these officers are merely servants of the people, subject to the will of the people.
It has been well said that government in a democracy is organized public opinion. Public officers, representatives of the people, have only the power which the people give to them. In many of the States of this country, in the enactment of laws, the people by law make provision by which the people themselves have the power to reject laws enacted by their representatives of which they do not approve. Under the“initiative”and“referendum”in some States, the people retain the power to direct their legislature to enact certain laws. Also laws made by the legislature may be voted upon by the people for final approval, if desired.19
The important thing first to be learned is that in this democracy the government is in form a republic, because the laws are enacted and enforced, not by the direct vote of the people, but by the representatives elected by the people.
The power of the people always continues. A law may be passed by one legislature, or one session of Congress, and may be repealed the next. Any law upon the statute books may be changed from time to time, in response to the changing sentiment of the people.
We are inclined to consider the term“representative government”as relating particularly to the enactment of laws, but this is a representative government not only in the making[pg 042]of laws, but also in the enforcement of laws. I want you to realize early in life that every citizen has a responsibility for enforcing laws as well as for making laws, and that for any failure or omission in the making of laws, or in the enforcement of laws, the people must bear the responsibility.
ELEMENTARY QUESTIONS
1. In what respect is America a republic?
2. What is the difference between a republic and a Republican?
3. What was the population of America when the Constitution was adopted?
4. Why was it impossible to have all the people assemble to adopt laws?
5. What is meant by a representative of the people?
6. Suppose a representative does not represent the people as they wish. What can they do about it? Give illustrations.
7. Into what parts is the government of the United States divided?
8. How are the powers and duties of representatives of the people defined? Why does the judge say that the people really have the power and that this power continues?
ADVANCED QUESTIONS
A. What is the fundamental law of the United States? Why is it fundamental?
B. How can we say that the people have power in lawmaking, when we know that the representatives make the laws?
C. How can we influence the votes of our representatives?
D. If you know that your representative is likely to vote against your own wishes, what can you do about it?
E. How soon may a law be changed after it has been passed?
F. What is meant by“initiative, referendum, and recall”? How have they worked out in practice?
G. Write a paper on the following:
The Difference between a Democracy and a RepublicHow the Public Can Make Their Representatives Represent ThemWhy America Could Not Do Without RepresentativesThe New England Town Meeting
The Difference between a Democracy and a Republic
How the Public Can Make Their Representatives Represent Them
Why America Could Not Do Without Representatives
The New England Town Meeting
VI. LawNecessity For Rules Of Human Conduct For Guidance And RestraintThis morning I wish to talk with you about one of the most important subjects in the world, the law; and strange to say, most people know very little about it.Indeed I find that the average person feels that he does not need any knowledge of the law, that the law is for lawyers, judges, and courts.Now the truth is, that there is scarcely any activity in life in which the law does not play an important part. This is true from childhood to old age, in every calling and every occupation in life.20The law is not intended for any one class of people, but it applies to all classes of people, the rich and the poor, the wise and the ignorant. It also applies to all ages, to men, women, and children.What is the law, or what is a law?21There is nothing difficult about it. A law is merely a rule of human conduct, a rule of conduct for human beings which is enforced by the Nation, the State, or the city. There are other rules of human conduct enforced by the parents, teachers, or employers—those who have authority over others, those whose duty it is to direct the conduct of others.Every boy knows that in his home his parents have certain rules, not written or printed, but stated by his father or mother with relation to his conduct about the home, about his school, or about his play time or vacation, when he must go to bed, when he must arise, and with whom he may associate, that he must not go in swimming unless accompanied by his father, that he shall not go to the movies without the consent[pg 045]of his mother, that he must attend Sunday school regularly, that he must not eat with his knife, that he must be courteous to all persons, especially the aged, that he must not play ball in the street, and a large number of other rules and directions, all intended for the good of the boy.Then in school you find certain rules of conduct made by the Board of Education or other officers, or adopted by the teacher.If a boy works in a store, he finds that his employer has certain rules: the time when the store shall be opened and closed; that the boy shall sweep the floor at certain hours; that he may go to lunch at a certain time; that he shall not permit other boys to pass behind the counters, etc. All of these are illustrations of rules of conduct for children, or those under the control, authority, or direction of some older person.But older persons, the parents, the school officers, the teachers, the storekeepers, and those of all other occupations are likewise subject to rules, are under control and direction of the Nation, the State, and the city, all having power to enforce rules of conduct, called laws, which apply to the old and the young. Without such rules, such laws, it would be impossible to maintain peace and order. Without such rules, called laws, it would be impossible to protect the weak against the strong and the wicked.This government being organized for the purpose of protecting the rights and liberties of the people, it is necessary that laws be enacted in order that our rights and liberties shall not be taken away from us by those who may be stronger or wiser than we are. Many laws prohibit wrongful acts and provide a punishment for those who commit such wrongful acts. Thus one who strikes you without justification, one who steals your bicycle, or any other property, one who breaks into your home, or into the store, a burglar, is punished. One who kills another human being, a murderer, is[pg 046]punished. A person who willfully sets fire to a building, or is guilty of cruelty to animals, malicious mischief, or sells liquor is punished.22So there are scores of different offenses forbidden by the law, and punishments fixed for those who will not obey.There are also laws requiring that one shall ride or drive on the right hand side of the street when passing another coming from the opposite direction.There is generally in every city a law which punishes a person who rides his bicycle upon the sidewalk. There are laws regulating the speed of automobiles, the lights and signals, and the turning at the corners of the street, so that other people either walking, or riding on bicycles, or in automobiles or other vehicles, may not receive injury.23You know in this country, where every person is equal before the law, no one person has any more right in the street than his neighbor has, and the conduct of each in the use of streets and sidewalks and other public places must be such that all may enjoy equal opportunities in the use thereof.24Freedom, as already explained, does not mean a right to do everything we wish to do. Freedom is the right to do whatever we may wish to do, provided it does not interfere with the right of our neighbors to have the same privileges which we claim for ourselves.Therefore, it is absolutely necessary to have laws fixing the conduct of all persons; and it is necessary, in order to enforce these laws, to punish those who will not obey them.Who makes these laws?In America the laws are made by the people themselves; that is, they elect representatives to serve in Congress, in the legislatures of the States, and in the councils of the city, who make the laws for the people according to the wishes of the people. This you will understand more fully as you study this representative form of government we have in this country.The people have the right to change any law now in existence,[pg 047]and may also make such new laws as they think will better protect the people in their rights.25Who enforces these laws, these rules of conduct? The rules of the home are enforced by the parents. If you violate the rules of your parents, they impose a punishment upon you. This punishment may not be severe, in fact it should not be, unless your disobedience is continued and stubborn.If you violate the rules of school, the teacher or other school officers have the right to punish; and if you violate the rules of your employer, he has the right to admonish you, and of course if you do not obey, he will discharge you and you will lose your place.Now the rules of conduct, the laws of the Nation, the State, or the city are enforced in this country by the people, through their government, through the courts, presided over by judges whom the people themselves select for that purpose. Sometimes the punishment is severe, sometimes mild. It all depends upon the character of the person who disobeys the law, and whether the disobedience is stubborn or willful. Penalties are imposed, not only to punish the wrongdoer, but as a warning to others, that if they disobey the law, they too will be punished.In this country all laws imposing punishment for offenses are printed so that every one may know what the law is; but it is not necessary that one should study each separate law, because as a rule, your conscience will be your guide against wrong doing. There are not many acts punished by the State or Nation which are not morally wrong. The person whose heart is right knows good from evil; and the person who really tries to do right will seldom be guilty of violating any law.I do not expect you to learn all about the different laws. This is not necessary. But I do expect you to understand enough about the law to realize that we are all subject to authority; that laws are enacted by the authority of the[pg 048]people; that laws are absolutely necessary, and that without laws we should have no liberty. Above all, I want you to learn that in this country the people make the laws, and I want you to feel absolute confidence in the power of the people to make and enforce laws.I hope that you will acquire a spirit of confidence and faith in the justice of the law, and learn that submission to the law is absolutely essential in a government of the people and by the people.26But there are many laws, many rules of conduct, besides those defining crimes, offenses, and the punishment of wrongdoers.I want to talk to you briefly about some of the laws which affect our conduct in every day life, in matters not criminal. I want to impress upon you how far reaching the law is as affecting every human being in his daily conduct.27Suppose one of the girls here goes to the store to buy a piece of cloth. How does she tell the merchant how much cloth she wants? She, without doubt, will say that she wants one yard, or two yards, or three yards, according to her needs. Now how much is a yard? Of course you all know that a yard is three feet. I suppose you all know that a yard is the same length in every city in the United States. We go into the store and ask for a yard of cloth in any city in the country, with absolute confidence that we will get for each yard, three feet in length. But how do we know we will get three feet in length for each yard? How do we know what we will get when we ask for a pound of coffee, or for a ton of coal, or for a quart of milk?These weights and measures are nearly all fixed by law. When you come to read the Constitution of the United States, you will find that there is conferred upon the United States government the power to“fix the standard of Weights and Measures”.28[pg 049]The Constitution is the fundamental law of the land. This confers upon the United States government the right to fix all standards of measurements and all weights and measures of every kind. The United States government has this power. It is not required to exercise the power, but it has the power.The United States government has a National Bureau of Standards,29which supervises weights and measurements, which coöperates with the States, and maintains uniformity, so that in every State, with reference to most things bought and sold, the law fixes definitely the quantity or dimensions. Without such laws you can see what a mass of confusion the people would be in at all times.Severe penalties are imposed by law upon those who give short measure, or short weight,30in order to protect buyers against those who might defraud them.So you see how necessary law is to the simple transactions of life, and how we are constantly relying upon the law in our daily transactions, to protect us against wrongdoers.Then again, how do you know how much the silver dollar which you are saving for Christmas is really worth? How do you know that one dollar is as valuable as another dollar? How do you know that the paper dollar which is in circulation is as valuable as the silver dollar? Well, here again when you read the Constitution of the United States, you will find that the people, when they adopted the Constitution, gave to the Congress of the United States the power:“To coin Money, regulate the Value thereof, and of foreign Coin”.31Congress, with this power, has enacted numerous laws with reference to the coinage of silver and gold money, the printing of paper money, and fixing the value of such money. How helpless the people would be without such laws.Then how do you know that the dollar you received in change at the grocery store is a real dollar? There are many[pg 050]counterfeit dollars made by wrongdoers, by criminals who seek to profit by manufacturing money themselves, sometimes so much like the genuine, that it is almost impossible to detect the difference. There are counterfeit bills, and counterfeit coin, which I dare say could not be distinguished from the genuine by any person in this room. But there are laws enacted by Congress providing very severe punishment for any person who makes, passes, or attempts to pass, any counterfeit coin. For instance, if one shall make, or pass, or attempt to pass counterfeit gold or silver coin, he may be punished by five years imprisonment in the penitentiary.32Even for making, or passing, or attempting to pass a one cent, two cent, three cent, or five cent piece, a person may be imprisoned for five years. Any one who makes a die or mold designed for the coining, or making of counterfeit coins may be punished by imprisonment in the penitentiary for ten years.These are severe penalties. Liberty is dear, and yet you can see how absolutely necessary it is to have these severe penalties in order to protect you, your father and mother, and all other persons from being defrauded and wronged by the use of counterfeit money which is worthless, but which most people cannot distinguish from the genuine.I suppose you watched for the letter carrier this morning. Perhaps you were expecting a letter from a friend or relative. The letter carrier came to your door. You did not have to walk to the post office. Perhaps your friend lives one thousand miles away. How is it possible for you to receive a letter in perhaps a couple of days from that far distant point? Did you ever stop to think about it? Of course you say,“Well it came through the post office”. Yes, but the postoffice is only a part of the great postal system of this country, which carries your letters from one end of the land to another for the small amount of two cents; and we have wonderful confidence in this postal service. We[pg 051]carelessly drop into the mail box most important letters, often most sacred, but we have no doubt that the letter will reach its destination safely.33How is it all possible? Well, again, in reading the Constitution you will find that the people gave to Congress the power:“To establish Post Offices and Post roads.”34This power has been exercised by the enactment of many laws by Congress providing for post offices, letter carriers, postal clerks, railway mail service, rural routes, and many laws severely punishing any one in the postal service who willfully fails to perform his duties.Persons engaged in the postal service may be sent to the penitentiary for stealing money from the mails, stealing a letter from the mails, for any act of dishonesty, or failure of prescribed duty. How could the great postal service of this country be maintained without such laws? How would the people have the blessing of a great service of this kind without the most carefully prepared laws made to protect the people?So I might go on giving numerous other illustrations of the laws enacted by the people through their representatives, for the benefit of the people themselves, for their comfort, their convenience, and their protection against wrongdoers, who might deprive them of their property, or of things still more sacred than property.I have only used these illustrations to impress upon you the great truth that there is hardly any relation in life in which the law does not have an important part. We should realize early in life that law is absolutely necessary to guide human conduct, to restrain wrongful conduct, to punish wrong doing, and thus to aid in protecting us in our right to life, liberty, and property.These laws are not the judges' laws, nor the lawyers' laws;[pg 052]they are the laws of the people, made for their benefit, worthy of our most earnest support, calling upon us for loyal obedience, demanding our respect, and inspiring our confidence.[pg 054]ELEMENTARY QUESTIONS.1. What is a law?2. By whom is a law enforced?3. Name an activity in life that the law has nothing to do with.4. Make a list of some of the laws that your father and mother make in your home.5. Make a list of some of the rules of conduct found in school.6. Go to a store in your town. Are there rules of conduct for the clerks? What are they?7. Who makes the rules in a home? In a school? In business institutions?8. Upon which side of the street must a person drive? Why?9. Who fixes the rules of measurement and weight?10. Suppose that you buy a ton of coal and find later on that you only received 1500 pounds. Could you do anything about it? Why should the coal dealer be punished?11. What would it be like if we had no laws at all?ADVANCED QUESTIONSA. In imposing punishment upon a wrongdoer, what elements does the judge consider in fixing the amount of fine or the length of punishment?B. Why do we have our laws printed? What would be the dangers of having secret laws concerning the nature and existence of which the people could not obtain information?C. What is the distinction between a rule of conduct in the home and a law of the land?D. List a number of laws and penalties in addition to those cited by the judge.E. Why cannot one have liberty without law?F. Why are people punished when they break the law?G. Is it ever right to break the law?H. Write a paper on the following:Why Breaking the Postal Laws Deserves Severe PunishmentLiberty Under the LawThe Danger of Counterfeit MoneyLaws that Should Be PassedHow to Have a Law Passed
This morning I wish to talk with you about one of the most important subjects in the world, the law; and strange to say, most people know very little about it.
Indeed I find that the average person feels that he does not need any knowledge of the law, that the law is for lawyers, judges, and courts.
Now the truth is, that there is scarcely any activity in life in which the law does not play an important part. This is true from childhood to old age, in every calling and every occupation in life.20The law is not intended for any one class of people, but it applies to all classes of people, the rich and the poor, the wise and the ignorant. It also applies to all ages, to men, women, and children.
What is the law, or what is a law?21There is nothing difficult about it. A law is merely a rule of human conduct, a rule of conduct for human beings which is enforced by the Nation, the State, or the city. There are other rules of human conduct enforced by the parents, teachers, or employers—those who have authority over others, those whose duty it is to direct the conduct of others.
Every boy knows that in his home his parents have certain rules, not written or printed, but stated by his father or mother with relation to his conduct about the home, about his school, or about his play time or vacation, when he must go to bed, when he must arise, and with whom he may associate, that he must not go in swimming unless accompanied by his father, that he shall not go to the movies without the consent[pg 045]of his mother, that he must attend Sunday school regularly, that he must not eat with his knife, that he must be courteous to all persons, especially the aged, that he must not play ball in the street, and a large number of other rules and directions, all intended for the good of the boy.
Then in school you find certain rules of conduct made by the Board of Education or other officers, or adopted by the teacher.
If a boy works in a store, he finds that his employer has certain rules: the time when the store shall be opened and closed; that the boy shall sweep the floor at certain hours; that he may go to lunch at a certain time; that he shall not permit other boys to pass behind the counters, etc. All of these are illustrations of rules of conduct for children, or those under the control, authority, or direction of some older person.
But older persons, the parents, the school officers, the teachers, the storekeepers, and those of all other occupations are likewise subject to rules, are under control and direction of the Nation, the State, and the city, all having power to enforce rules of conduct, called laws, which apply to the old and the young. Without such rules, such laws, it would be impossible to maintain peace and order. Without such rules, called laws, it would be impossible to protect the weak against the strong and the wicked.
This government being organized for the purpose of protecting the rights and liberties of the people, it is necessary that laws be enacted in order that our rights and liberties shall not be taken away from us by those who may be stronger or wiser than we are. Many laws prohibit wrongful acts and provide a punishment for those who commit such wrongful acts. Thus one who strikes you without justification, one who steals your bicycle, or any other property, one who breaks into your home, or into the store, a burglar, is punished. One who kills another human being, a murderer, is[pg 046]punished. A person who willfully sets fire to a building, or is guilty of cruelty to animals, malicious mischief, or sells liquor is punished.22So there are scores of different offenses forbidden by the law, and punishments fixed for those who will not obey.
There are also laws requiring that one shall ride or drive on the right hand side of the street when passing another coming from the opposite direction.
There is generally in every city a law which punishes a person who rides his bicycle upon the sidewalk. There are laws regulating the speed of automobiles, the lights and signals, and the turning at the corners of the street, so that other people either walking, or riding on bicycles, or in automobiles or other vehicles, may not receive injury.23
You know in this country, where every person is equal before the law, no one person has any more right in the street than his neighbor has, and the conduct of each in the use of streets and sidewalks and other public places must be such that all may enjoy equal opportunities in the use thereof.24
Freedom, as already explained, does not mean a right to do everything we wish to do. Freedom is the right to do whatever we may wish to do, provided it does not interfere with the right of our neighbors to have the same privileges which we claim for ourselves.
Therefore, it is absolutely necessary to have laws fixing the conduct of all persons; and it is necessary, in order to enforce these laws, to punish those who will not obey them.
Who makes these laws?In America the laws are made by the people themselves; that is, they elect representatives to serve in Congress, in the legislatures of the States, and in the councils of the city, who make the laws for the people according to the wishes of the people. This you will understand more fully as you study this representative form of government we have in this country.
The people have the right to change any law now in existence,[pg 047]and may also make such new laws as they think will better protect the people in their rights.25
Who enforces these laws, these rules of conduct? The rules of the home are enforced by the parents. If you violate the rules of your parents, they impose a punishment upon you. This punishment may not be severe, in fact it should not be, unless your disobedience is continued and stubborn.
If you violate the rules of school, the teacher or other school officers have the right to punish; and if you violate the rules of your employer, he has the right to admonish you, and of course if you do not obey, he will discharge you and you will lose your place.
Now the rules of conduct, the laws of the Nation, the State, or the city are enforced in this country by the people, through their government, through the courts, presided over by judges whom the people themselves select for that purpose. Sometimes the punishment is severe, sometimes mild. It all depends upon the character of the person who disobeys the law, and whether the disobedience is stubborn or willful. Penalties are imposed, not only to punish the wrongdoer, but as a warning to others, that if they disobey the law, they too will be punished.
In this country all laws imposing punishment for offenses are printed so that every one may know what the law is; but it is not necessary that one should study each separate law, because as a rule, your conscience will be your guide against wrong doing. There are not many acts punished by the State or Nation which are not morally wrong. The person whose heart is right knows good from evil; and the person who really tries to do right will seldom be guilty of violating any law.
I do not expect you to learn all about the different laws. This is not necessary. But I do expect you to understand enough about the law to realize that we are all subject to authority; that laws are enacted by the authority of the[pg 048]people; that laws are absolutely necessary, and that without laws we should have no liberty. Above all, I want you to learn that in this country the people make the laws, and I want you to feel absolute confidence in the power of the people to make and enforce laws.
I hope that you will acquire a spirit of confidence and faith in the justice of the law, and learn that submission to the law is absolutely essential in a government of the people and by the people.26
But there are many laws, many rules of conduct, besides those defining crimes, offenses, and the punishment of wrongdoers.
I want to talk to you briefly about some of the laws which affect our conduct in every day life, in matters not criminal. I want to impress upon you how far reaching the law is as affecting every human being in his daily conduct.27
Suppose one of the girls here goes to the store to buy a piece of cloth. How does she tell the merchant how much cloth she wants? She, without doubt, will say that she wants one yard, or two yards, or three yards, according to her needs. Now how much is a yard? Of course you all know that a yard is three feet. I suppose you all know that a yard is the same length in every city in the United States. We go into the store and ask for a yard of cloth in any city in the country, with absolute confidence that we will get for each yard, three feet in length. But how do we know we will get three feet in length for each yard? How do we know what we will get when we ask for a pound of coffee, or for a ton of coal, or for a quart of milk?
These weights and measures are nearly all fixed by law. When you come to read the Constitution of the United States, you will find that there is conferred upon the United States government the power to“fix the standard of Weights and Measures”.28
The Constitution is the fundamental law of the land. This confers upon the United States government the right to fix all standards of measurements and all weights and measures of every kind. The United States government has this power. It is not required to exercise the power, but it has the power.
The United States government has a National Bureau of Standards,29which supervises weights and measurements, which coöperates with the States, and maintains uniformity, so that in every State, with reference to most things bought and sold, the law fixes definitely the quantity or dimensions. Without such laws you can see what a mass of confusion the people would be in at all times.
Severe penalties are imposed by law upon those who give short measure, or short weight,30in order to protect buyers against those who might defraud them.
So you see how necessary law is to the simple transactions of life, and how we are constantly relying upon the law in our daily transactions, to protect us against wrongdoers.
Then again, how do you know how much the silver dollar which you are saving for Christmas is really worth? How do you know that one dollar is as valuable as another dollar? How do you know that the paper dollar which is in circulation is as valuable as the silver dollar? Well, here again when you read the Constitution of the United States, you will find that the people, when they adopted the Constitution, gave to the Congress of the United States the power:
“To coin Money, regulate the Value thereof, and of foreign Coin”.31
Congress, with this power, has enacted numerous laws with reference to the coinage of silver and gold money, the printing of paper money, and fixing the value of such money. How helpless the people would be without such laws.
Then how do you know that the dollar you received in change at the grocery store is a real dollar? There are many[pg 050]counterfeit dollars made by wrongdoers, by criminals who seek to profit by manufacturing money themselves, sometimes so much like the genuine, that it is almost impossible to detect the difference. There are counterfeit bills, and counterfeit coin, which I dare say could not be distinguished from the genuine by any person in this room. But there are laws enacted by Congress providing very severe punishment for any person who makes, passes, or attempts to pass, any counterfeit coin. For instance, if one shall make, or pass, or attempt to pass counterfeit gold or silver coin, he may be punished by five years imprisonment in the penitentiary.32Even for making, or passing, or attempting to pass a one cent, two cent, three cent, or five cent piece, a person may be imprisoned for five years. Any one who makes a die or mold designed for the coining, or making of counterfeit coins may be punished by imprisonment in the penitentiary for ten years.
These are severe penalties. Liberty is dear, and yet you can see how absolutely necessary it is to have these severe penalties in order to protect you, your father and mother, and all other persons from being defrauded and wronged by the use of counterfeit money which is worthless, but which most people cannot distinguish from the genuine.
I suppose you watched for the letter carrier this morning. Perhaps you were expecting a letter from a friend or relative. The letter carrier came to your door. You did not have to walk to the post office. Perhaps your friend lives one thousand miles away. How is it possible for you to receive a letter in perhaps a couple of days from that far distant point? Did you ever stop to think about it? Of course you say,“Well it came through the post office”. Yes, but the postoffice is only a part of the great postal system of this country, which carries your letters from one end of the land to another for the small amount of two cents; and we have wonderful confidence in this postal service. We[pg 051]carelessly drop into the mail box most important letters, often most sacred, but we have no doubt that the letter will reach its destination safely.33
How is it all possible? Well, again, in reading the Constitution you will find that the people gave to Congress the power:
“To establish Post Offices and Post roads.”34
This power has been exercised by the enactment of many laws by Congress providing for post offices, letter carriers, postal clerks, railway mail service, rural routes, and many laws severely punishing any one in the postal service who willfully fails to perform his duties.
Persons engaged in the postal service may be sent to the penitentiary for stealing money from the mails, stealing a letter from the mails, for any act of dishonesty, or failure of prescribed duty. How could the great postal service of this country be maintained without such laws? How would the people have the blessing of a great service of this kind without the most carefully prepared laws made to protect the people?
So I might go on giving numerous other illustrations of the laws enacted by the people through their representatives, for the benefit of the people themselves, for their comfort, their convenience, and their protection against wrongdoers, who might deprive them of their property, or of things still more sacred than property.
I have only used these illustrations to impress upon you the great truth that there is hardly any relation in life in which the law does not have an important part. We should realize early in life that law is absolutely necessary to guide human conduct, to restrain wrongful conduct, to punish wrong doing, and thus to aid in protecting us in our right to life, liberty, and property.
These laws are not the judges' laws, nor the lawyers' laws;[pg 052]they are the laws of the people, made for their benefit, worthy of our most earnest support, calling upon us for loyal obedience, demanding our respect, and inspiring our confidence.
ELEMENTARY QUESTIONS.
1. What is a law?
2. By whom is a law enforced?
3. Name an activity in life that the law has nothing to do with.
4. Make a list of some of the laws that your father and mother make in your home.
5. Make a list of some of the rules of conduct found in school.
6. Go to a store in your town. Are there rules of conduct for the clerks? What are they?
7. Who makes the rules in a home? In a school? In business institutions?
8. Upon which side of the street must a person drive? Why?
9. Who fixes the rules of measurement and weight?
10. Suppose that you buy a ton of coal and find later on that you only received 1500 pounds. Could you do anything about it? Why should the coal dealer be punished?
11. What would it be like if we had no laws at all?
ADVANCED QUESTIONS
A. In imposing punishment upon a wrongdoer, what elements does the judge consider in fixing the amount of fine or the length of punishment?
B. Why do we have our laws printed? What would be the dangers of having secret laws concerning the nature and existence of which the people could not obtain information?
C. What is the distinction between a rule of conduct in the home and a law of the land?
D. List a number of laws and penalties in addition to those cited by the judge.
E. Why cannot one have liberty without law?
F. Why are people punished when they break the law?
G. Is it ever right to break the law?
H. Write a paper on the following:
Why Breaking the Postal Laws Deserves Severe PunishmentLiberty Under the LawThe Danger of Counterfeit MoneyLaws that Should Be PassedHow to Have a Law Passed
Why Breaking the Postal Laws Deserves Severe Punishment
Liberty Under the Law
The Danger of Counterfeit Money
Laws that Should Be Passed
How to Have a Law Passed