xt7wwp9t2q46_132 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/mets.xml https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61.dao.xml American Liberty League 37 linear feet archival material English University of Kentucky This digital resource may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Physical rights are retained by the owning repository. Copyright is retained in accordance with U. S. copyright laws. For information about permissions to reproduce or publish, contact the Special Collections Research Center. Jouett Shouse Collection (American Liberty League Pamphlets), No. 135 "A Rising Sun Or A Setting Sun? A Study in Government Contrasting Fundamental Principles with Present Policies in the Light of Authentic History" An Address by William R. Perkins before The Sphex Club, Lynchburg, Virginia, September 23, 1936 text No. 135 "A Rising Sun Or A Setting Sun? A Study in Government Contrasting Fundamental Principles with Present Policies in the Light of Authentic History" An Address by William R. Perkins before The Sphex Club, Lynchburg, Virginia, September 23, 1936 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_135/Am_Lib_Leag_135_001/Am_Lib_Leag_135_001.pdf section false xt7wwp9t2q46_132 xt7wwp9t2q46 ‘ * * ··
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J O I N 5 i
a S * * :
THE AMERICAN LIBERTY LEAGUE 3 §
5 ; l
* i ’ A RISING l
The American Liberty League is organized to defend 5
and uphold the Constitution of the United States and to § A `
gather and disseminate information that (1) will teach §
the necessity of respect for the rights of persons and I 7
A property as fundamental to every successful form of gov- § Q ‘
J ernment and (2) will teach the duty of government to g
encourage and protect individual and group initiative §
and enterprise, to foster the right to work, earn, save, Q
and acquire property, and to preserve the ownership and g * * *
lawful use of property when acquired. Q .
The League believes in the doctrine expressed by E
George Washington in his Farewell Address that while A Study in Govcynmgnt Con,
the people may amend the Constitution to meet condi- Q · · -
tions arising in a changing world, there must "be no Q tr&St1ng_Fundamenta’1 PIiu}C1'
_ change by usurpation; for this * * * is the customary § ples Wlth PI°€S6I1t POIICICS Q
weapon by which free governments are destroyed." g in the Light Of Authentic Q
Since the League is wholly dependent upon the con— § History '
tributions of its members for financial support it hopes §
that you will become a contributing member. However, §
if you cannot contribute it will welcome your support as Q
a non-contributing member. E
ENROLLMENT BLANK An Address by
AMERICAN LIBERTY LEAGUE g WILLIAM PERKINS
NATIONAL PRESS BUILDING Q Member of the National Lawyers Com»
, : mittee of the American Liberty League
\\·AsH1No·roN, D. C. _ ; r
~ D tl Q before
at Q ''''''```'°`` E I The Sphex Club, Lynchburg, Va.
Q r
I desire to be enrolled as a member of the
American Liberty League. ·
I i E v"`€ C4’l»
Signature ................ . ........................ Q
e 5 *1 ~·· r
[ S rn S
: 6* · 0
. i Name ........ ; ...l.................... Z ......... g ’?;·Y Lg?
Street ........................................... §
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_§ l Town ........................................... AMERICAN LIBERTY LEAGUE
¤·< l E National Headquarters
_ [emma, .......................... sem .......... p NAT;$1§S?_IIi§°§;1€g§qBgIgDING
Enclosed find my contribution of $ ..........
. . . · : * *
to help support the activities of the League. g
· : ¤.._..A.........._.__
(135) E · Document N0. 135
E _ September, 1936
.e..·.. .. J. ..... U .- i-—·¤. mann t _ r . _____,,__,m.
l
< A Rising or a Setting Sun?
_ l *
Mr. Chairman and Members and Guests of The
H Sphex Club:
i Appearing before this gathering of distin-
guished citizens of my native City of Lynch-
i burg is a pleasure and a privilege which I greatly
l appreciate, I assure you. I bring you a study
~( in government, contrasting fundamental prin-
i ciples with present policies in the light of authen-
I tic history.
Madison records in his Debates of the Con-
' vention which framed our Constitution that:
"Whilst the last members were- signing it Doctr.
5 — Franklin looking towards the President’s Chair, at
` the back of which a rising sun happened to be
i painted, observed to a few members near him, that
· Painters had found it difiicult to distinguish in their
i art a rising from a setting sun. I have, said he,
W Q often and often in the course of the Session, and
HEN you have finished with this l the vicissitudes of my hopes and fears as to its issue,
I looked at that behind the President without being
pamphlet, please pass if 011 to $01118 ` able to tell whether it was rising or setting: But
. , _ · now at length I have the happiness to know that it
flrtend OY ttcqtttttntttncc who nttgttt be ` is a rising and not a setting Sun."
tnt°"“ted• ctttttng nts ttttentton t° the · From this memorable incident I take the title
membership blank ma back page, i and the theme of my address this evening-—A
. Rising or a Setting Sun? We are likewise agi-
h tated by the vicissitudes of hopes and fears-
{ and rightly so. What will the issue be? Do we
behold the dawn of a better day or the afterglow
* of a departing splendor?
4 "I have but one lamp by which my feet are
I guided," said that inspired genius, Patrick
l Henry, "and that is the lamp of experience? .
{ He spoke wisely. Human nature is old. Prin-
I ciples are old. The science of government is
I old. The recorded pages of history are an open
, book where we may learn and profit by the
social lessons of the past, which tell us in no
1 uncertain terms why nations have risen and
I fallen, whatever the form of their governments.
I Guided by this lamp of experience, we know
3 that our founders erected a government in this
I country that has attained results unparalleled in
{ the history of the world. As by the touch of a
3
i` magician’s wand, in the short, indeed, insigniii-J personal qualities-men wlaifhad peenb wig gg;
Gm period as hires ee- Of lss the $3§§§n£lL‘L *n1"n§‘n°;‘;€e5§.?tlen"1%...ZnT€”%-.¥enn,-nnne
centuries We have progressed from 8* Spacimmv were university men, graduates of Harvard, Yale,
uncharted wilderness to the very front rank of Columbia, Prgmgetgn, livilléam ,and_ Mary, Oirfggdn
· · _ Gl and in urg . wen y-six were no -
nations 1n all that makes ,for the comfort, cul velfgigwmen and among these were Washington and
ture, prosperlty and prestige of a pe0ple· AH Fn,nklln_·· [The Critical Period of American Hie-
outstanding fact of this progress is that nowhere tory, pp. 265-72.]
has Such advaucmpent been Shared pc g°n€mHy’ When these men came to frame our Federal
r S° fuHy’ by thgsc m all Walks Of hf°’ Even the Government there had already been formed the
humbmtef our Perle- We became the lend Of ~ governments er nnnneen sovereign states, with
Opportumty and On that account )°h° W¤¤der» ( their constitutions and declarations of rights.
the lvlecca, and the envy of the world. Thle Dr, Fynnklln, the sage of the Federal C011V€¤·
fact IS peyppd fhspum _ _ _ tion, had been privileged to confer with Adam
Andre Siegfried, the distinguished French Pro- Smith in England On the 1a,,»oo1.»S groan book,
fessor, in his frank and searching appraisal, ((Th€ Wealth Of Nat_iOnS,»» anion has had, por-
"-america Cem Of Aer [H- B- & C0-- 2927- nnne, as nnnen innnenee on ene world as any
pp. 154-61], undoubtedly declared the s1mple other S€cu1a,.pub1ioa»oion_
truth when he Bald: James Madison, who rightly became known as
NA. \VOI°kH13.I1 is I3.? l)Ctl(:‘I' paid lll AH1€YlC£L tl18..I'1 Uthe father Of C0nStitutiOn,’7 brought the
anywhere else in the world, and his standard of liv- . . .
ing {S gngymgusly lnanon »»· * »•= It is nnnosolblo to , task not only,a brilliant mind, but the results of
describe the American standard of living without l a most 1ntenS1V6 study of all available data. So
going into every detail of life. Let it suffice that { did Hamilton The ¢¢Fodora]jSl;", mainly their
European luxuries are often necessities in America, . . . _
and where Europe, and especially Asia., will stint. l prOduct’1On* IS On? Of the fineét tmatlses (in gov
America consumes without reckoning. One could ernment of all time. It easlly ranks Wlth the
feed a Wh°l€‘ °°“’m'Y in the Old WOM On “’lm notable ancient as well as more modern author-
America wastes. American ideas of extravagance, l . . . .
comfort, and frugality are entirely different from l 1t1€S’,?ucp_aS the Wrltlngs of John Locke and
European, as we soon discover if we ask what Amer- the Splrlt of the Laws by Baron de
_ icans mean by economy. In America the daily life MOntoSquj€u_
of the majority is conceived on a. scale that is re- l _ . . .
served for the privileged classes anywhere elsc." l Em IY m 1787 John Adams had pubhihgd his
_ » "H1story of the Republics of the World . This
I Of °°urS€¤ We here had Our f&_m11Y qpmi1`€lS¤ i was truly a monumental work. In it with rare
Our ups and d°WnS> but the Ampmcap pmpclplps i research he not only reviewed the pertinent liter-
have pelpppfpm proved themmlvps Suppmpp tp l ature on the subject, but assembled and analyzed
Such Vlclssltupes a*nd_mad€ Of them but Stpppmg all available instances of government, even the
Stomp to a mcher €X1St€p°€‘ _ ig smallest, in order to ascertain and declare the
Guided further py this lamp, Of €Xp€H°m`°¤ l true principles of government as exemplified by
we may ascerta1n w1th exactness Just what these tha experiences of mankind, It was ablo, ox-
` American principles am _ _ haustive and timely, received unbounded praise,
pp not make }°h°_m1_Smk€> which England i and profoundly influenced the Federal Conven-
grievously did, of th1nk1ng our founders rude lnon [The Making of the Constitution (Warren),
colonials. Speakmg of the Federal Convention, l pp_ 155_7, 815_8]_
John Fiske, the em1nent historian, says that: Among Waohingtonvo nanoro an Mount Von-
t {gn gs ?°I;,°p°§iti.‘,’,n tgps gmup 3f.m?;‘ left ‘,;°ihi‘%$ non was found an abstract, in his own handwrit-
0 G €S1l’€ . X1 1 S S ·I‘€I1g 3H 1I). 1 iS WEB. DBSS 1 ` · . . .
was a.n ideally perfect assembly. There were fifty- l mg> of the term? Of tha, Lyccam Amph?ct'10mc’
live men, all of them respectable for family and I Achaean, Helvetic, Belgic, and Germamc Con-
4 n 5
l
S iodornoioo Winn n Sionioinoni oi what in nin oPin‘ all its relations, are predicated upon the indi-
ion, were the defects in each and the conse- Viduality Of msn, bsonnss thggg porsonel nn]-
<~>S ¤f these defects lSr>ark’s Ed-. IX, bitions are the real incentives to initiative and
521-8] · endeavor.
Our Constitution, therefore, was neither the Any government that dogs not properly reeog-
gioliing oi tho ignorant, noi` iiio imposition of nize this essential fact in its structure and the
tho o·ui¤ooi’·‘%i?, Do? tho dfoom of iiio idooiioo- ii? administration of its affairs will fail as certainly,
. was the deliberate product of those who came and as utterly, as any project that does not
i from all walks of life and by natural endowment, ygcognizg the laws governing (}od’e other erea-
extensive research, actual experience and earnest ‘ tions (jirenmseribe these motives of mankind,
patriotism constituted the greatest galaxy of { and We thereby limit progress. Dry up these
men ever assembled at any time in any coun- V springs of thought and action, and the result will
try for such a purpose. They were informed bg Stagnation and decay. On the one side,
men; they were serious men; they were prac- familiar illustrations are our patent and copy-
tical men. They knew what they wanted, and right laws to encourage invention, discovery,
were determined that what they wanted should authorship, business. On the other side, we have
be the fundamental principles of our Govern- the known deterring effects of inordinate taxa-
ment for all time because they were fully per- tion and regulation and the total failure, wher-
suaded that these principles were eternally right. ever tried, of common ownership, community of
What were these fundamental principles thus l interest, collectivism-the pet perennial of
desired and embodied in our organic law? As dreamers and theorists.
1 see it, there were two such principles, to which l The early Christians at first "had all things
all other provisions and considerations were . in eommon" [Acts, 11:44, 1V:32], but found
. subordinate and auxiliary. l in a few years that religion contemplates, its zeal
. . . i is not a substitute for, this individuality of man.
The Flrst Great Principle Some months ago I had the privilege of talk-
The first great principle is that every govern- ing with a gentleman who had made several trips
ment is necessarily based upon, and must to Russia and about it written a book. I asked
thoroughly recognize and preserve, the individ- T him if the Russian people had been led to em-
, uality of man. T brace the Soviet regime because of the severity
Nature and history concur in establishing the of the Czaristio government, and he replied in
truth of this statement. They demonstrate the affirmative. 1 next asked him if the Russian
beyond question that this fundamental is easily people had not found, much to their disappoint-
the primal law and consideration of our social i ment, that the Soviet regime was a severer gov-
existence. ’ ernment than the Czaristic government had been,
God created man in His own image, endowed Q and he again answered in the affirmative. 1 then
him with divine faculties, and gave him dominion , asked him if the reason for this added severity
over all the earth, with the duty of earning his was not because the Soviet regime had elimi-
living by the sweat of his brow. These faculties { nated personal ambition as a motivating influ-
make man a reasoning being, capable of choosing ence with the result that force had to be substi-
between right and wrong, the arbiter of his own Y tuted for it, and he said that was the fact.
destiny, with hopes, fears, faiths, loves and hates i But we do not need to go beyond our own
that constitute his personal attributes. Accord- 3 · shores for full substantiation of this great prin-
ingly, the ambitions of man are personal, and ciple of the government established by our
therefore development, civilization, life itself in i founders. In the first volume of his "Life of
6 7
Weshiuetou" 0hief Justice Mcrshcii sketches The dismal failures of these attempts were s
the Settlement lend g1`0Wth of the Amemeen blessings in disguise. By actual trial they con-
(301011198 cud 1¤ S0 0l011ig Pe1`fe0tiY 1H11St1“e·tee clusively demonstrated that the rule of individu-
. what I mean by several unmistakable examples. aiity is tho natural law of Society, the home,
Speaking of JemeSt0W11» he SWS? sports, school, business, government; and this has
b "Hei-etofore nodseparate pvroperinlydiu lrindsdlifad i become so generally accepted that, like the law
een acquire , an no in ivi ua a a oure or · - · · _
himself. The lands had been hero, cleared, ere t ef g"e‘"tY· We ere heretv °°“e°‘e“e ef ee chit
cultivated in common, and their produce carried into ence cud I`3~Ye1Y Yeachze Its force OY Worth- Yet
t e common greuary from which it was distributed to undoubtedly it lies at the bottom of our achieve-
eh * * * he eeeet Wee eueh ee eueht te have beee ments as a people It alone evokes in largest
foreseen. Industry, deprived of its due reward, ex- i · `
clusive property in the produce of its toil, felt oo measure that greatest and most wonderful of
· sufficient stimulus to exertion, and the public sup- all human qualities, the spirit of man, which has
eilgisqwere generally inadequate to the public neces- irs full fruition only in an atmosphere of free_
miie remove this oepse or- perperoei eoeroiry Sir dom, where what the individual accomplishes is
Thomas Dale divided a considerable portion of land his 0Wn in name and in fact, and the only limit
into lots of three acres and granted one of them in l r · · ,· · v · i ·
full property to each individual. Although the to hls Stem mgs IS feet he Stmve honestly .
Colonists were still required to devote a large por- j Of course, men e meelvee have led them iutc
tion of labour to the public, a sudden change was wrong. Love may be of evil and liberty degen-
mecie ie their seseeiehce end hehits- 1¤chistot· im- T erate to llC€I1S€. But we cannot abolish love or
pelled by the certainty of recompense, advanced l . . _ . h . . b. .
with rapid strides; and the inhabitants were no ‘ i hhettr» nele et een we meenleve ev am lelee
longer in fear of wanting bread either for themselves : Once impair the principle, nOth1ng will escape-
or for the emigrants from England? [pp, 42-3,] not even government itself.
Of Plymouth he remarks: Those wlio adivooate the loontrary have ever
rrhiieguioed by their religious theories, they re11 I bee? greed v eb. mens te tie eeeeequeece and
ipro the some error Whroh had peep oommrtred ip Q facile at exceptions where the11 own interests
Virginia and, in imitation of the primitive Chris- l are involved. Let me illustrate as to the profit
tiehs threw eh their vhceeity ihtc c ccmihcs stock, 1 motive by an incident so ludicrous ite serious
laboured jointly for the common benefit and were r _ S he b k eh
fed from the common stores. This regulation pro- ¤ esoect may eeeepe ue' Ome vv 1 e ec e
duced even in this small and enthusiastic society, its { Congregational Church in general conference at
constant effect. They were often in danger of starv- l Oberlin Ohio Voted Condemnation of tho profit
ing; and severe whipping, administered to promote r . ’ hi 1 I dd 1 d _
‘ labour, only increased discontent? [p. 77.] i metlve tes eve et ee> may 9* t Some ee ets
_ _ . and conventions of the Northern Methodist
S°’f°e’ he Sve}°ee* m Geergle _ Church). Now a good friend of mine in New
r The tenure of lands drove the settlers .1nto Caro- York happened to be chairman of ol committee
lina where that property might be acquired in fee i , ,
Simple. e »t it The Colony laluguishedi While South t for handling some of the Church s funds. So he
° Carolina, not unlike Georgia both in soil and cli- l wrote the Church authorities, asking in substance
mate, advanced with considerable rapidity. A1- r two questrionsn (1) Should he pow invest opiv
though emigration was encouraged by paying the . . . ° . _ `
` passage money of the emigrants, by furnishing them { m securities that dc net yield et veeumi (2)
with clothes, arms, ammunition and implements of q should he select the securities of concerns not
husbandry, by maintaining their families for the ootusted by the profit motive? ‘
first year and in some instances by furnishing them l _ _ Y
with stock, yet the unwise policy which has been i I need hct tell You the enevve1· ven? evvn
mentioned more than counterbalanced these ad- t common sense has already supplied it. Those
Veutegee and for tec resist during Whleh time the who preach these abstract doctrines must know,
exports from Carolina more than doubled, the set- I .r th ,0 ph. k h h h h r d
tlers in Georgia could with difiiculty obtain a scanty l 1 er pejuee O ih > e_ ee e _ure ee> ee ee S en
subsistence? [pp. 253-5.] other philanthropies will fail if they succeed.
8 ` 9
é But even innie tiian tiiat> ii n<>eeib1e» eeeet ee the right to rule was a chattel which descended
i time been tne mesnifieent Piiiiaiitiiiepiee ef T from father to son, and the people were but serfs
Y eee eeneeiee ef iedeewn Whieh et Pieter eeeiee» n and Veeeeie whe existed to do their bidding. The
? they rendered a far greater service to their coun- l upward path from this Seryile condition Wee
` try by their bneineeabniiding ned the reerie . long and diflicult, the work of centuries, but
e derived a far greater benefit from the denounced ~ the rights of the individual. gradually triumphod,
personal fortunes paid such men for their busi- to tho glory of God and hum&nity_
ness-building than from many, many times those Take for example England, our mOtherle,nd_
1 amounts spent by or through any governmental l There Magna Charta, the Very palladium gf Our
agency- Wiin but they develeped end eeteb— i liberties, was secured, Parliament grew in power,
iiened tnie great eennery ef ents eeninieieiaiiy? i an unwritten constitution, in principle like our
Except through their creations of wealth, whence own, developed, and of the effeet One gf
would come the billions of dollars, now being l Ehglapryo noted authors Writes;
eeevee free] Jeexee eee bene ee1ee’ te eefrey "The history of England is the iiistery of this
Our Staggering expenditures? Indeed, but fer great change in the moral, intellectual and physi-
them our vociferous modern sophists would have l cal state ill the inhablitants of curtislaad. * *3* go
' ' ' ' , S, WG OWU, ]’10t lllg is SO in €I'€S lllg &I1 S-
h“EEZ§”hEi, ‘2i§k?elieX“iE,iteZ° ifeieiieltfiiiii ieeifeidef ig eerete; re Er rlgchethe
i Hg 811 O OIDES Bly OO , 8 [lg 311 O 6 UI`-
tI'uSt in legislative fiat O1` faVOI‘ 1‘ath€I‘ than their i few and the Forest Laws,l the Englalnd of tclrusadcgrs,
jig; eaeggggigdeligjeereei eee e eeeet Steer i §;‘3i§Se.2“hiii;‘;ii‘t ;tti°a”Sil§§;S’el.ii tained
· l classic ground of liberty an p iosop y, e ma
“Our rulers will best promote the improvement i ef eu eeede-" [Meeeuleyd
of the peopl , b st ' tl fi' th l t . . . -
iiieii own ie§iiiiieie"$e€{eee°ty”i2§Vie§“lZ2t§i e3 Tee nne in ie, the lengthening ye-ere here dun-
find its most lucrative course, commodities their fair mi-Bd the h1StO1‘10 €V€I1tS that wrought th1S change.
eeiee~ iiiduetiy end ieeeiiieeeee their netutai ie' i But these were grim tragic realities to our fore-
ward, idleness and folly their natural punishment- h Ci 7 th b . Th
by maintaining peace, by defending property, by fee €re"`aS Some ay ey may e eegeem' ey’
diminishing the price of law, by observing strict or their near ancestors, had felt the force of op-
eeeeeeey ie every eeeeeeeeee ef the Seeee- Lee the pression and eedght iii the New World e haven
glolvlegigneplivldgadlguaithe people will assuredly do Whcllrgh f?rt£1n€ Hai d notllilalllgd (lull pilncgsi falllors
an e1r acu ies cou n e ree om eir
Let no one minimize this essential truth. Be Spirits ereyed It is ngt eXeggeretiOn, but Only
net deinded by theee whe, Styling tn€TnS€iV€S e the literal truth, to say that to them life, liberty
rreereeewee, Weiiid lnereeee the P0Wei` nf g0V€1‘n· and property constituted for mankind a trinity
ment at the expense of the individual. They are i eeeond only to {hg Trinity gf GOd_
the false reactionaries——the real enemies of those There bg those these dgyg who Weuld dierupt
they ineet Weiiiti neil)- _ i this trinity by a differentiation between what
_ Presreee tiiinngn the yeai`S fn? the high and they term the human and the material rights.
the low has been the transition from the divine g Thereby they Seek tO magnify ljfg end liberty
right of rulers to the divine rights of the ruled, While they minimize prOlOerty_ No such distinc-
the emereenee ef the individnei inan te the S¤b· ’ tion exists. History abundantly demonstrates
iiieigenee _ei eveeweenine antn0i`ity» Wh€1`€bY i that rights of life and liberty have been recog-
public oiiicials became the servants instead ofthe nized Only as rights of private property have
meeiere ef tiie PeePie· T been recognized. These three great principles
Time was when monarchsideemed themselves i are mutually dependent and useless each with-
the representatives ef Gnd in teinpnrai 9»ff9»i1`S, out the others. State control of farms would
it 11
_ deemed just and proper; and that the principles of I
make the farmer but a scrf or vassal again. State consititiiiioinaé liberty lwtoiildl be irrith periii, unlest
g · . _ , · { _ esta is e y irrepea a e aw. e istory o [
E censorshlp Of tile meg? Viould again wide? me the world had taught them that what was done in
dom of speech impossible. State domination of the past might be attempted in the futu,.€_ The
E churches would again destroy religious tolerance. Constitution of the United State; is a law for rulerisi
` · · · and people, equally in war an in peace, at a
on That IS Why, hf€’ hberty and property were times, and under all circumstances. No doctrine, rr or--
lnsopambly hnkod by our forefathers m the [ involving more pernicious consequences, was ever
Government they founded. invented by the wit of man than that any of its
t What oiso meant oui. Dooiaration of Rights t provisions can be suspended during any of the great
[ exigencies of government. Such a doctrine leads
and of IH€l€P€¤d€H0€, and tho first Ten Amond' * directly to anarchy or despotism, but the theory of
ments to the Federal Constltutlon, known as the necessity on which it is based is false; for the gov- -
American Bill of Rights, which providé as Strict ernment, within the Constitution, has all the powers
. . . , granted to it which are necessary to preserve its
limitations on the Federal powers that: No law v existence]. [Ex pam, Milligan, 4 Wait at 120]
may be passed which abridges freedom of relig— I _ _
ion, of speech, of the press, or peaceably to as- The Second Great PI'1I1C1pl€
semble and petition for redress of grievances. i The second great principle is the balance of
No person may be deprived of life, liberty or . government, by which I mean a structure that
property without due process of law or subjected will assure its being maintained and adminis-
to unreasonable searches and seizures. Private tered for the just good of all, and not perverted
property may not be taken for public use with- by any man or group of men into an instrument
out just compensation. The right of jury trial for their own personal advantage.
shall be inviolate. No person may be twice put This is the soul of free government. The rea-
in jeopardy or be compelled to testify against son is admirably stated by Montesquieu in his
himself in a criminal case, or subjected to exces- I "Spirit of the Laws" [Book XI]. He affirms as
sive bails or fines or cruel and unusual punish- fundamental that the three great divisions of
ments. governmental powers——executive, legislative and
I wish time availed to dwell upon each of these i judicial-—must be kept not only separate but
rights, telling you its history and significance, entirely independent of each other in origin and
that you might realize, as I fear many of us do function, for the reason that if any two of them
not, what its establishment cost, its possession unite, freedom will be destroyed by the minority
means, its impairment will entail. By them I becoming subject to the will of the majority,
alone are humans free—free as to conscience, whatever it may be, and if all three of them
free as to thought, free as to labor and its ° unite there will result an absolute government,
rewards. Thereby servitude, confiscation, repu- by whatever name it may be called.
e diation, in whatever form, are banned. Each , Blackstone [Commentaries (1765), Intro.
man is made the architect of his fortune, with [ Sec. II, 51] lauds this balance as the strength and
his home his castle and his talents and accom- Q glory of the English Constitution. Pointing out
[ plishments dedicated to his own. that these three great divisions of governmental
"Time has proven the discernment of our ances- i Powor No distributed among the king as noroon
tors,” said the Supreme Court in our Civil Wvar tary Sgvgrgjgni the Hgugg ofLo1~dg Whore mgm-
crisis; "for even these provisions, expressed in such E · · . · , · , ·
[ plain Engiish Words, that it would Stem the iugemk l bership arises from bnth and 1S fo1 life, and the
ity of man could not evade them, are now, after the » ‘ House of Commons electeri by tho people, he
lapse of more than seventy years, sought to be declares that: l
avoided. Those great and good men foresaw that “Ti H t. i Y 4 f th. .,1 d
troublous times would arise, when rulers and people d .]°bi:°nf 1 u mn; gi; emmen Qi d lain an ti?
would become restive under restraint, and seek by ilimm Y fmpmje at t°°}?pi°)u'; ii = t‘ at mth'
sharp and decisive measure to accomplish ends m° can an {mgm Or ur ]’ u BS mymg 8
eqsilibrium Pl pnwar peween Ona pnannn nf ana resentatives were to be elected by direct vote of E
, legislature and the rest. For 1f ever it should hap 1 b , f H b d
l pen that the independence of any one of the three the PBOP €’““ e lt most cape tl ·Y O Serve ·
should be lost, or that it should become subservient To perpetuate these principles a step was
? te the Views ef either ¤f the other *¤W;>» there Wald teken winen is unique in the annals of inetery.
` soon be an end of our constitution}
_. The Federal Government was made the creature
Newllere ie tne neceeelty cf this balance nf of a written Constitution. This not only set up
snvernment mere etnengly edvnceted tnan by its structure but defined its powers, subordinated
Hamilton and Madison in the Federalist. They them to thg rjghte ef the pgoplg which I have `
l cleyete many altlclee tc lte ceneldetatlen- De· 4e described, and reserved to the States or to the
clerins that if men were nnsele nc geyelnlnent people respectively all the powers not prohibited
Wcnld be required and if men were scverned by by it to them or conferred by it on the Federal
angele nc elleeke and balances in geyemment ¢ Government. Thus there was established the
Wculd be neeeeeatyr they Say lLll¥ great division of powers between the United
_ "Indfi§mins a scvernmenlt which §»_f%c be a{imin— States and the States which left the States com- 1
istere y men over men, t e great 1 cu ty ies in · · · · H
this: you mlm Hm enable the government to com pletely sovereign and in control of their internal
trol the governed; and in the next place oblige it affalle l
to control itself; Still further the Constitution was made the
"It is of great importance in a republic not only Supreme law gf the land Each Official had to
to guard the society against the oppression of its `. . . . 1
rulers, but to guard one part of the society against lkgake an iatn tc Support lt- And the ludlclapy
the injustice of the other part; ecame t e great umpire to enforce compliance
ala a eeelety under the fame ef Wnlen the with it through authority to declare non-con-
stronger faction can readily unite and oppress the f . 1 . .
weaker, anarchy may as truly be said to reign as in Ormmg_ are unconepltuplpnat
a state of nature, where the weaker individual is WaSh1HgtOn WI‘Ote Lafayette [Feb. 7th, 1788]
not secured against the violence of the stronger." that the proposed Constitution is
Our founders fully accepted this principle and "pr<>vided with more checks and barriers against
Sought as far as humanly possible to jnggrpgyatg the i1}tr0ducti0n of tyranny and those of n nature
,t , t th G tl th t d Th d, less liable to be surmounted than any government
l oln O c crernmen cy cpcc c · ey ls" hitherto instituted among mortals hath possessed.
tributed the Federal powers among three inde- We are nc_t to expect perfection in this world; but
pendent departments—legislative, executive, ju- ‘nanknaa* tn nanaann tnnea here apparently made
d. . I- h t. f t. h tl th some progietss in the science of government. Should
lcla ow Use Yespec we unc long are W a e that which is now offered to the people of America
names lmply, and 110 one of Which may delegate be found an experiment less perfect than it can
its own powers or usurp the powers of another. lt pggiilagéign annapnnnnnal dean is left Open fe" its
It divided the legislative department into two `
branches—the Senate and the House--with con- , The S11bS€q11€I1T3 Y€&I`S
. '1
currence of both necessary to enactment of legis- Ooo would think that prjpojp]ee eo just, eo
lation. rational and so safeguarded would command uni-
_ The members cf the executive departmenfr— versal respect and be rightly regarded as beyond
President and Vice-President—were to be chosen the reach of impairment—that in this enlight-
by an Electoral College, who might select with- ened era the maintenance of such principles would
out any reference to the direct vote of the people. be a point of the very highest interest and honor,
The members of the Senate were to be chosen by and so recognized by all.
_ the Legislatures of the several States. The mem- Yet we are seri