Evening star., 1939-12-16
Bill of Riohts.

One hundred and forty-eight years
ago yesterday the Bill of Rights, con-
tanned in the first ten Amendments
to the Constitution of the United
States, was declared to be in force.
These amendments brought to the
original charter of the Nation per-
fection which it previously had not
enjoyed. Without agreement that
they would be effected, the work of
the Philadelphia convention of 1887
probably could not have obtained the
approval of the people. They were
needed if a republican government
were to be established, a practical
democracy insured.
But even now after nearly a CEN
tury and a half it may be wondered
if the Bill of Rights is comprehended
in it's less obvious implications. For
example, the provision that Congress
shall make no law abridging the
freedom of speech or of the press is
something more than a restriction
placed upon the national legisla-
ture. It is also by logical inference
a limitation upon citizens who other
wise might suppose that the privilege
of utterance may be regarded as a
license to misuse their powers of
expression. There is nothing in the
First Amendment to suggest that
any American is free to employ his
liberty OF speaking and writing to
the willful injury of his neighbors.
Similarly, "the right of the people
to be secure in their persons, houses,
papers and effects, against unreason-
able searches and seizures" implies
an obligation upon citizens to so
conduct themselves as to deserve to
be exempt from intrusion. No GRIM
inal is entitled to imagine that he
is immune to capture or arrest be-
cause of the Fourth Amendment.
The Bill of Rights cannot be made
to serve as a cloak for sedition or
treason. It never was designed to be
misconstrued or misinterpreted.
Above everything else it was intended
to promote public confidence in the
Government" and thus to protect
"the beneficent ends of it's institu-
ton" Its sponsors were patriots in
the accurate meaning of the word.
They sought to win the faithful
allegiance of all classes and all con-
ditions of men to the maintenance
and defense of the new Nation, and
they were successful in their en-
deavor
1t was the purpose of the Bill of
Rights to relate to the Republic the
goodwill of the minority which had
supposed that it had been neglected
by the trainers. The average citizen,
it was conceded, had been repre-
sented in the convention over which
George Washington presided. Now
such persons as for conscience sake
were "out of step" were to be in
cluded in the fundamental law,
sheltered by it, guarded by it. So,
too, the poor, the humble, those who
dissented from majority opinions,
those who worshiped God in differ
ent ways, even those who prayed to
no Deity whatever, were to be
brought within the Constitutions
scope. Not for themselves alone was
this done. The majority realized
that perchance, on occasion the
destiny of America might rest in the
hands of an individual or group
at variance with the multitude.
Likewise, it appreciated it's own need
for criticism and for correction. Be-
lieving and trusting in construc-
tive idealism which should be bravely
rational in character and applica-
ton, the Nation decided to include
its non-conformists. They, in turn,
accepted the invitation and its con-
sequences. Let the "give and take"
Of this equitable treaty be remem-
bered in an age when democracy is
passing through a stern ordeal.