The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1907-07-12

BY the ordinance of 1887 there were
preserved to the people in the North
west Territory the common law rights
developed from The Magma Charta and
their enforcement through judicial
proceedings according to the course of
the common law" Into the constitu-
lions of the original thirteen States
were incorporated specifically some of
the more important Of the great COM
mon law principles commonly designat-
ed as due process of law" Trial by
jury Religious liberty" the 'Privi-
lege of Habeas Corpus, Freedom of
speech" and the Right to assemble
and petition And in addition thereto
the constitution of New York, as well
as those of some other States, provid-
ed Jhat the common law and statutes
then in force should continue to be the
law Of the State, subject to such alter
ations as the legislature should make.
The Declaration of Independence re-
veals, in its every line, people thor
oughly outraged and indignant because
of denials of justice according TO the
stands their fathers helped to make
and that they knew so well.
All this proves that uppermost in the
minds of the eolonists were these COM
mon law principles. Upon these prinei-
Piles they asserted their right of indie
pendence, the right to establish a sep
arate government. and the right to
adopt a constitut ton. They knew of no
power to confer upon a federal gov
eminent except those which represent
ed the REIMBURSEMENT Of rights of the
States as understood at common law.
They intended, therefore, to erect a
government which expressed the ideals
of their birthrlght
When we take up for construction the
| constitutions of the time, whether Fed
eral or States, we must have in mind
that, then as now, there was a canon
of construction requiring that written
documents must be construed in the
| light Of the facts and circumstances
surrounding their making That rule Of
construction forbids an Interpretation
in the light of the present day indif-
ference to, If not ignorance of, the
/ ~ t5 VI lllG LllllUl9 " StNQlG pIOl6G-
ton for life, liberty and the pursuit of
happiness for themselves and their de-
scendants, through the establishment
of law and it's enforcement by the
courts.
Now, ether ideas are, temporarily, I
hope in the forefront We have so long
enjoyed the blessings of a government
of law rather than that of man that
we fail to appreciate it's value. Many
know historically of the charter grant
ed by William of Normandy in the
fourth year after the conquest-of the
memorable event at Runnymede, when
on the 18th Of June, 1915, King John
Of England affixed his signature to the
}Great Charter there submitted to him
by the militant mobiles of his real-of
the protests of the Colonial Congress of
1774-of the Declaration of Independ-
ence-of the preliminary union among
the American colonies in 1754 and In
1855; of the formation Of the constitu-
lions Of the original thirteen States,
and that of the federal constitution
| and Of the suffering and loss of life in
cldent to the struggle to throw off q
yoke of bondage that the ideal of a
government of law might come into be-
I ing. But the underlying reason for it
all is not fully appreciated by the great
mass of people. 1t is not strange that
this is SO. for generations of people
have come and gone since that period.
None Of them having suffered from the
oppression of man, they know not of
1t. And the leadrs to thought ard po-
litical action who do know have found
other subjects more interesting, and so
have discussed them to the exclusion of
the great truth often expressed "Eter-
nal vigilance is the price of liberty"
What the effect has been Is we'll IL
lustrated by a remark made to me the
othSr day by a business man of more
thai average intelligence; "The consti-
tutNn did very well when it was made
but it is out of date now and must be
ignored when it stands In the way of
things we want" He neither knew nor
cared that the Fathers had provided
for it's amendment to meet further me-
cessities He did not realize that this
very constitution is the charter of the
peoples liberties; that through 1t, and
through 1t alone, have the people the
power to check encroachments by the
Legislative, the executive and the Judi
cial departments Of the government,
either upon each other or upon the re-
| served rights of the peoples either as
individuals or gathered into States;
that any unrebulsed and unchecked at
tempt to exercise powers not granted to
a department Of the federal government
is a serious menace to our scheme of
government, in that it creates pre-
cedent which may be taken advantage
Of later.
But a general discussion of this most
important subject is foreign to my
present purpose. That my business
friends echo of the now time-honored
formula, what is the constitution be-
tween friends?" is more generally shar-
ed than thoughtful men can wish is
evidenced by the answer to, or rather
the failure to answer suggestions OPEN
ly and boldly made to practically de-
stroy local state government by ex-
tending through congressional enact
ment and judicial construction the COM
merce and post road provisions of the
constitution. SO to extend the powers
actually granted by the constitution as
to take away power expressly reserved
to the States or the people seems to the
unthinking not deliberate violation oil
the constitution. But they are mtstak-
en-, The phrase is a fraudulent one en-
Iployed to deceive the people, Its pur-
pose is to hide the real intent, which