The New York herald., 1921-09-25


spent with more profit and satisfaction
to all parties interested. including the
public and art. L. CAM1LIrnr.
New YORK, September "a.
The Fourth Amendment.
Reasons That Led to Its Addition to
the Constitution.
From speech Nv the United States ssnots
. by Mr.. Ashurst Of Arisona.
It Is common knowledge that the
trainers OF the Federal Constitution en-
countered many practical difficulties in
writing, a., constitution that would be
acceptable to the majority of the colo
MES. Hence it was widely believed that
amendments would frequently be re-
sorted TO as time and march OF events
required. Virginia.. along with New
York, Massachusetts and Pennsylvania,
at that time was a pivotal State. and
when the Federal Constitution was COR
.sidered-at- the Virginia convention called
to pass upon ratification, Of the Federal
Constitution that eagle of -oratory, that
premier Of statesmen. Patrick Henry,
was In the Virginia convention, and he
challenged Washingtons views he chal-
lenged James. Madison, he of tho superb
intellect ; me challenged the Wythes, the
Pendletons and the Illnesses, and all
that splendid galaxy, OF scholarship and
Craftsmanship that. enriches the annals
not only Of Virginia but of the world
and her demanded to know why blu
Of rights guaranteeing tho privileges
and immunities Of the citizen had been
omitted from the Federal Constitution.
The Virginia State convention, after :
prolonged debate. was only able to rattfy
tho Constitution, by majority Of tsn
votes. SO ably did Patrick Henry argue
against 1t because It did not contain the
Bill of Rights which the Englishmen
brought over from Jutland to the island
OF Thanet in 4xs, which they afiirmed IN
1915, in 1879. in 1859. ana which Lord
Camden declared so eloQuently.
James Madison, later President Of ths
United stateA pledged his word that at
the earliest opportunity he would uss
his intellect and his energy toward Inn
mediately placing into the Federal Con-
stitution the requisite amendments guar
anteeing the citizens rights. privileges
and immunities. and as soon as the vir-
ginia convention had finished the work
Of ratification 1t adopted resolutions ex-
pressing its desire for the amendments,
the Bill OF Rights demanded by Pat
rick Henry. These resolutions were for
warded to the Governors of the various
States. and as far as men could be
bound in faith and honor, as far as men
could be bound In statesmanship and in
politics the amendments guaranteeing
the citizens individual rights and his
liberties were by common consent agreed
TO. and 1t was understood everywhere
that these amendments would be pro-
posed to the States by the frst Con-
gress. ,.gr-nr.- ~,,-,n,,"r ,s,},so.
The first bill to be considered by the
newly organised Congress of the United
States, Of course, was a bill to raise
frevenle. to get something into tho
Treasury to pay the expenses Of the
Government: but on July 81 James Mad
ison, who was a member OF the House,
arose and asked that these amendments
be considered. Why was. not this su-
perb intellect sent to the Senate? The
reason Is that he had voted to ratify the
Constitution without the Bill OF Rights.
and Patrick Henry resorted to the un-
usual circumstance Of bringing out two
candidates for the Senate against Mr..
Madison, to wit, Mr.. Grayson and Rich
ard Henry Lee: thus Madison was de-
feated for the Senate because he did
not stand for the Bill of Rights; but he
came to the House Of Representa- tives,
tee - y,,1x ha
arose and begged the House to indulge
him in further consideration Of amend
ments to the Constitution" and he
pointed out that the faith and honor Of
Congress were pledged. that the faith and
honor Of public men everywhere were
pledged to amendments securing to the
citizen such guarantees as were COM
pretended within the first ten amends
ments. ..s ~ .at~ge
Twelve amendments were proposed to
the States and ten Of them. including
the fourth and fifth. were ratified with
In two years and fifteen days There
after. as far as Americans are concerned
and as far. as the Constitution, itself 10
concerned, they were and. are part
and parcel Of the original Constitution.
as much so as IL they were signed ON
the 18th of September. 1887. when the
main Instrument itself was signed.
1t has been asserted from time to
time that II. there be- a. desperate case
the citizen may be, searched without
warrant, his pockets explored. his car
rage stopped. Mr. President, We are
not justified in looking to the mischief; |;
we are not justified. in looking to the
end to be accomplished; :, we are sworn
to uphold the, Constitution. II there DO
amendments which the common people
understand. they are, the Fsuyth ana
Fifth Amendments. We require no law
yer to tell us what these two amend
ments mean: they are plain; there has
been less litigation over tho Fourth ana
Fifth Appointments than over any other
amendment. because any one can under
stand them who can read or VIII try
TO comprehend language.
= The makers OF our Federal Constitu-
! ton and the trainers OF the FIRST ten
amendments were never tired OF quoting
the immortal words Of the elder Pitt
used IN his speech on THE rxcES"
words as brilliant as diamond with
many facets words which to-day are
fresh, pure and sparkling |; ] regret that
I I am unable to quote them. verbatim.