San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-09-19
CONSTITUTION Is In
PERIL, SAY LAWYERS
CONTINUED from page one.)

~ CONTINUED from page one.J
= Ieges and immunities guaranteed to
- American citizens by the Constitution.
1t should be noted that the Consti-
Y tuition does not guarantee the said
rights. privileges and immunities TO
all citizens as whole or in The mass,
4 or to the majority but that it guar
. antees every single citizen as an in
- dividual in the secure enjoyment of
= all said rights, privileges and immuni-
ties. So ong as the Constitution
y stands and its provisions are en-
z forced, every single citizen in the land
is protected in his personal and prop
q erty rights that are guaranteed by the
:, above quoted provisions of the Con-
: stitution, and no power on earth exists
;, that can rightfully or lawfully deprive
:. him thereof or of the full protection
of the Constitution. \ great many
- people act as though they believed
that these constitutional provisions
= protect the individual only for so long
= as he is one of the majority. and that
he may be deprived Of any of these
- rights. privileges and immunities, if
= the majority so wills If that were
true. then we would have a species
8 of popular tyranny more vicious, be-
= cause more difficult to resist, than
{ any royal or autocratic tyranny that
~ ever existed But it is not true; the
!. Constitution absolutely forbids the
=. majority, However great. from depriv-
sE ing the richest or poorest, The strong
u est or weakest, the best or worst, citi-
zen of the republic of any single right
~ of person or property that the Con-
Stitution declares TO be the birthright
of all.
y
j.. The popular theory is that this is a
government by the majority, ard that
= the majority lnay do whatever it wills,
Whenever il pl.lScy. But I !It is not
2 tie constitutional theory. which is,
:, tGai ours is government by repre-
ScntativCs elected by tho majority,
= such governing representative; Of the
:. people being subject To the restraints
prescribed by the Constitution. Our
> government is not a pure democracy,
and those who would convert it into
: pure democracy must first get rid
:. of the Constitution. 4 pure democracy
might WORK successfully in a small
& community but pure democracy
~ covering the body of great continent,
and consisting Of over a hundred mill
y lion people. is a practical impOssibility
and would be an insupportable tyran-
ny. The majority is never all-wiSe at
y-all times. and no mans inalienable
rights should ever be subject to the
will or whim of any man or body of
Is men. 1t would be idle to say that the
majority can always be trusted never
Z. to wrong or Cypress the humblest.
- weakest or most unpopular of their
.sfellow men; all experience shows that
"A that is not true, and that the minority
:, must have some protection other than
ssthe unrestrained will of the majority.
1t is when the majority is most GER
: tain it is right that it is most likely
3 to wrong and Cypress the minority
and history affords many examples
of such tyranny. In 1856. William
4, Makepeace Thackeray, one Of the
greatest Of authors and wisest of
philosophers, said:
- Il believe that it is by persons be-
Geving themselves in the right that
- nine-tenths of the tyranny of this
world has been perpetrated. Arguing
on that convenient premise, the Day
%sof Algiers would cut off twenty heads
of morning; Father Dominic would
- burn q score Of Jews in the presence
of the Most Catholic King. and the
- Archbishops of Toledo and Salamanca
:. sing Amen. Protestants were roasted
- Jesuits were hung and quartered at
~ Smithfield and witches burned at
Salem, and all by worthy people, who
believed they had the best authority
s for their actions"
Tyrsnn is tyranny by whomsoever
1. committed and it is safer for the min
!. ority to have the protection guaran-
sssteed by the Constitution than rely on
the good intentions of the majority.
= There is a great deal being said,
Rsthese days, in favor of law enforce
Z ment. All laws, even foolish laws.
sought to be enforced; it is the duty OF
k1eyery good citizen to yield obedience
5 to. the law. If he thinks law I'M
Swise, he may properly work for its
5 repeal; but he cannot refuse to obey
! the law and continue TO be r good
3 citizen. However, law enforcement
does not mean Furnishing a man sus-
= pected OF crime; it means Furnishing
man convicted of a crime in the
2 manner provided by the law Of the
land. We have seen that the Constitu-
, tion provides that no person shall he
z held to answer for capital. or other
) wise infamous crime. unless on a pre-
Z sentiment or Indictment of a grand
3 jury: that the accused shall enjoy
Z the right TO a public trial. by an i'm
I partial jury of the state and district
I wherein the crime shall have been com
mitted, which district shall have been
J previously ascertained by law, and to
be Informed Of the nature and cause
of the accusation, to be confronted
p with the witnesses against him. to
have compulsory process for obtaining
Z witnesses in his favor, and to have the
assistance Of counsel for his defense :;
y that no person shall be deprived of life
or liberty except by due process of
Jaw. and that cruel and unusual pun
{ ishments shall not be inflicted. ANY
( other kind Of prosecution, trial or pun
ishment is clear-cut violation of the
Constitution, and is a travesty on JUS
tice. No act is a criminal offensp ur-
I der our system Of laws unless it is