The Washington times., 1936-03-21
In Defense of
Constitution
AndRights
By James T. Williams, Jr.

The Senate of the United States
will still be, what the Founders Of
the American Union intended it
should always be, the very Citadel
of Liberty and Justice as long as
there Is q Senator left upon the
floor with the intelligence to inter.
pref and the courage to defend the
Constitution of the United States
in general and its Bill of Rights in
particular.
This is what Senator AshurSt did
recently in most eloquent and
timely contribution to the Iterar
ture Of Statemanship.
AS the chairman of its Commit
tee on the Judiciary, Senator
Ashurst is naturally familiar not
only with the history of the Consti.
tuition, but also with its every pro-
vision. What prompted him to take
the floor and address the Senate
on the subject of Constitutional
Guarantees Against Search and
Seizure" can only be surmised. No
legislation on that particular queS.
ton was up for consideration.
BILL OF RIGHTS
Nevertheless, for reasons Of his
own, the senior Senator from Ars
zona made defense of the Bill Of
Rights that the Senate will not
soon forget. He said, in part:
"In our Constitution there 10
probably no feature around
which clusters more romance
or the memorials of which give
US more fascinating glimpSes Of
bygOne days than the Fourth
and Fifth Amendments.
I'm all our jurisprudence
there is no other principle
that has been more definitely
put into position or more joy.
OuSly accepted by Americans
than the principle of the
Fourth and Fifth Amendments.
"They are intimately related;
each lends strength to the
other and, Notwithstanding
their apparent nOnchalance,
they sustain and protect the
very essence of constitutional
liberty and security. They guar.
antee repOse and the privacieS
of life.
"TheSe noble Amendments
are as follows:
"ARTICLE ""
"The right of the people to
be secure in their persons,
houses and papers, and effects
against unreasonable searches
and seizures shall not be vic.
lated, and no warrant shall
issue but upon probable cause,
supported by oath or affirmac
tiOn, and particularly describ.
ing the place to be searched
and the persons or things to be
seized.
"ARTICLE W.
"NO person shall be held to
answer for a capital or otherwise
infamous crime unless on q pre-
sentiment or indictment of
grand jury, except in cases ariS.
ing in the land or naval forces,
or in the militia, when in actual
service in time of war or public
danger; nor shall any person be
subject for the same OffenSe to
be twice put in jeopardy of life
or limb; nor shall be compelled
in any criminal case to be
vrikINnSS maSvnSf IASvnnSnF vAnr hA
deprived of life, liberty, or prop
erty without due process of law;
nor shall private property be
taken for public use without just
compensation"
Senator Ashurst said he was
} once asked by a visitor:
"Did you ever read Lord Coke's
famous maxim in Semayne'S case
The house of everyone is to
him as his castle and fortress,
as well for his defense against
injury and violence as for his
repOse'?"
The Senator replied:
r 81 am familiar with Coke, but
that was law one thousand years
before my Lord Coke adorned
the bench"
Then the Senator traced the
origin of this law to the EngleS
! who when they migrated to
Britain took with them those
l English fundamentals of the lib.
l erty of the citizen or subject, and
they planted them deep and
T strong in the Isle of Britain.
. GUARANTEES
l On down through the centuries,
Y Senator Ashurst traced these con.
] stitutional guarantees to the time
e when the Framers of Jur own Fed
e eral Constitution and of the first
ten Amendments quoted in their
: support of "the immortal words
e of the elder Pitt" when he said
}. in his speech on The Excise:
!. "The poorest man may in his
cottage bid defiance to all the
: force Of the Crown. It may be
j fraiI; its roof may shake; the
e wind may blow through it; the
Y storms may enter; the rain may
4 enter-but the King of England
q cannot enter. All his forces can
r not cross the threshold of the