Evening star., 1941-12-16

hEfhE SENl a
their own will, Americans are mas
ters Of themselves and their govern
ment. They impose limitations upon
themselves during war or threat OF
war, but against their will no gov
ernment nor public official can re-
strict their rights. And even during
war their individual rights are sa-
cred. Neither Congress nor the
President nor the courts can sus-
pend the Bill Of Rights on account
of war.
In times of stress, many official
attempts have been made to trample
upon the rights of individuals. Con-
gress has passed so-called laws which
sought to penalize men for using
free speech. 1t has tried to give
valuable public lands to particular
church. 1t has tried to apply CEN
sorship over the press. 1t has tried
to authorize unlawful search and
seizure of private papers. 1t has
tried to place men twice in jeopardy
for the same offense. 1t has tried
to take private property without
compensation. 1t has tried to sub
ject men to imprisonment at hard
labor without first having an In
dictment brought against them. 1t
has tried to deprive an accused man
of the right to confront his accusers.
1t has tried to give the Government
the right to appeal a case in which
the accused was acquitted by a JURY.
1t has tried to make crime out
of an act which was not a crime
when it was committed. 1t has tried
to compel man to testify against
himself 1t has tried to force the
transfer to Federal court of case
already constitutionally decided by
State court. 1t has tried to enforce
bills of attainder, and to make SUM-
dry acts treason which are not
treason under the Constitution.
In all these cases the Bill of
Rights was invoked to protect indi-
viduals against the oppression OF
their own Government. The courts,
obeying the Constitution, held all
these so-called laws null and void.
Some of the unconstitutional bills
were killed by vetoes.
Bulwark Against Presidents.
Presidents have attempted to sup
press free speech. They have tried
to take private property without
compensation. They have tried to
subject civilians to trial by court
martial when civil courts were func-
tioning. They have tried to bring
men from their homes in distant
States for trial In the District OF
Columbia. They have tried to con-
vict men OF crimes on the strength
of private papers stolen from the
accused They have tried to punish
citizens who offended them by re-
moving them from Office without
| just cause.
In all these cases the courts have
intervened to protect the citizen
against the arbitrary and unlawful
acts of the Presidents. The Bill OF
Rights holds all men to account.
Corrupt judges have tried to de-
fraud and oppress individuals in vio-
lation Of the Bill of Rights. Con-
gress has impeached these judges
and removed them from Office.
The States have repeatedly tried to
deprive the individual of life, lib
erty or property in violation Of the
Bill of Rights, and the courts have
shielded such individuals.
The treaty making power has
ratified pacts containing violations
of individual rights, and the courts
have set aside these portions OF
treaties as null and void under the
Bill of Rights.
No act of Congress nor order Of
the President, no court judgment
nor the act of any State is valid Il
it violates the rights of the individ.
ual as set forth in the Constitution
A great American statesman ha'
said of the Bill of Rights:
Such provisions as these are
; not mere commands. They with
hold power. The instant any
officer. of whatever kind or grade,
transgresses them, he ceases to
act as an officer. He becomes
trespasser, a despoiler, a law
breaker, and all the machinery OF
,, the law may be set in motion for
his restraint or punishment"
Jefferson's Warning Recalled.
, Thomas Jefferson warned hi
countrymen against placing up'
limited power in the hands of an,
officer. He said:
, 1T would be a dangerous delu-
. sion if our confidence in the men
y of our choice should silence our
! fears for the safety of our rights.
Confidence is everywhere the
t parent of despotism. Free gov
t ernment is founded on jealousy,
not in confidence. 1t is jealousy
o and not confidence which pres
. cribes limited constitutions to
= bind down those whom we are
obligated to trust with power.
Our Constitution has accordingly
+ fixed the limits to which, and no
further, our condolences will go.
Il In questions of power, then, let
$ no more be heard of confidence
in man, but bind him down from
e mischief by the chains Of the
Il Constitution"
d The suppression of individual lii
: erty in many nations today sharp
d emphasizes the blessings enjoye
g by American citizens. Millions
= persons in lands called civilized Al
S, robbed of one of the choicest priv
= leges of the human soul-the priv
8 lege of worshiping God accordlr
o to ones own conscience. But tn
: privilege is securely safeguarded
)" the American Bill of Rights.
1t has been truly said that r
,f nation can be safe and free unle
= its own citizens are entitled to FRI
Is speech and liberty of the pres
Y Abuses and tyrannies flourish whe
e the public is kept in ignorance
n ths actx ~ its rtllerE But whe