3. When was it recognized in England?

4. When may it be suspended in America?

5. Just what does it mean to the average citizen?

6. Can you think of a time when it might be valuable to you?

7. What is martial law?

ADVANCED QUESTIONS

A. Just when is a writ of habeas corpus likely to prove valuable?

B. Why is it called "the most famous writ of the law"?

C. Show how it affects the poor man.

D. Show how it makes for democracy.

E. Write a paper on the following:

Abuses Found Before the Writ of Habeas Corpus Was Recognized

Cases Where It was Used Locally

The Experience of the Arrest of an Innocent Man Who Was Unable to Furnish Bail

A Court Martial

XX. OTHER PROHIBITED LAWS

No Bill Of Attainder Or Ex Post Facto Law May Be Pa.s.sed By Congress

This morning I have something else for you which you probably do not understand, something that you can hardly imagine would interest you personally; but as I have often repeated, always bear in mind that every single clause of the Const.i.tution is made for each and every one of us, no matter what position we may have in life.

The framers of the Const.i.tution said:

"_No Bill of Attainder or ex post facto Law shall be pa.s.sed._"(86)

What does "attainder" mean? It means the extinction of civil rights and capacities and powers, which under the law in the olden times took place whenever a person was convicted of treason, or of a crime for which the death sentence was imposed. It means that all the estate of the convicted person, all his land, money, or other property, was forfeited to the government; so that upon his death nothing pa.s.sed by inheritance to his heirs. As it was expressed, his blood was "corrupted". He could not sue in a court of justice. He was helpless to defend any right of himself or his family.

By "bills of attainder", which were legislative acts imposing that penalty on the accused without giving him any hearing in a court, many persons were deprived of their rights and their possessions in the centuries which have gone by, in order that such rights and such possessions might go to some favorite of the government. Of course no one would have much sympathy for a person who might be actually guilty of treason, or guilty of a great crime which involved a death penalty; but in the olden days innocent men were often charged with treason and punished. Conspiracies were formed to get rid of certain individuals who might be an obstacle to the achievement of base ambitions.

The abuses arising out of the imposition of attainder became so grave that in the time of Queen Victoria a statute was pa.s.sed in England abolishing the extreme penalties which followed it.

In some of the colonies in this country, before the Const.i.tution was adopted, acts of attainder were pa.s.sed and enforced; but when the Const.i.tution was finally adopted, bills of attainder were forever barred.

Don't you see the spirit of charity which is manifest in this, just as in the entire Const.i.tution, charity even for wrongdoers, charity for the weaknesses of men? Wrongdoers of course must be punished, yet the Const.i.tution wipes out harsh and brutal methods which were common in the days before America came into being.

No "ex post facto law" shall be pa.s.sed. _What does that mean?_(87) If a person does an act, which at the time of the doing of the act is not a criminal offense, the Congress of the United States, with all its power, cannot make that act, innocent when done, a crime. Yet this used to be done in the old days. You can imagine how in those days a brutal government being desirous of getting rid of some objectionable person, but desiring to have its acts appear legal, might find that he had done some act which was not punishable under the law; but through a corrupt legislative body, it might so legislate as to make the act a criminal offense, and thus have the person tried and convicted.

A person might commit an offense for which there was a moderate punishment; and the legislature might, after the commission of the crime, but before he was tried, increase the penalty. For instance, if there were a penalty of two years imprisonment for stealing a horse, and some neighbor was guilty of stealing a horse, thus leaving himself, when convicted, subject to two years imprisonment, all the powers of the United States government, all the powers of Congress, all the wonderful power of the people of the country could not change the penalty, could not, for instance, amend the law so as to provide a five year penalty instead of two, so as to affect this neighbor who had stolen the horse before this time. He could, if convicted, be sentenced to two years, but no more.

You may think that those who adopted the Const.i.tution must have been suspicious of Congress, or the people in thus carefully preventing wrongs against individuals accused of a crime-yes, individuals who had actually committed a crime; but you can readily understand why they were so careful. The conduct of the governments of the world had been such before that day that suspicion was justified. The Const.i.tution was made for the individual-for men, women, and children-to guard their rights against the abuse of power; and in fact most of the wrongs of the world have had their origin in the abuse of power. The Const.i.tution guards the humblest person against abuse of the power granted to the government, as well as against the wrongs of our neighbors.

The people in this country have great power-absolute power. This power may be expressed in laws enacted by Congress or by the legislatures of the States, except in those things which the people themselves in the Const.i.tution of the United States, and in the Const.i.tutions of the different States, have placed beyond even their own power.

Of course these provisions of the Const.i.tution, as all provisions of the Const.i.tution, may be changed by the people, but not by a mere majority of the people. These const.i.tutional provisions relate to sacred rights, and they may not be changed except upon mature deliberation, and by a vote which represents the sentiment of at least a majority of the people of three-fourths of the States.

So I hope you can realize that when the framers of the Const.i.tution prohibited bills of attainder, and prohibited the enactment of the ex post facto laws, they were doing something for the people of this country. They had the rights of the people in mind-the rights of the humble and perhaps unknown, as well as the rights of those in high places. I do not expect you to study the details of these provisions of the Const.i.tution relating to bills of attainder and ex post facto laws. You will probably never have to enforce these rights which are given to you under the Const.i.tution. I hope you will not; but the important thing which I always want you to bear in mind is, that these guaranties of the Const.i.tution are in existence and that they confer upon you certain powers which may be a.s.serted to protect your liberty if occasion should ever arise.

I am sure you realize that at the beginning of the life of the American Nation, extreme care was exercised by those who framed the Const.i.tution, to guard the people at every point against injustice and wrong, whether exercised by private individuals or by public officials.

Understanding these things-feeling these things, will give you a new sense of power, of pride, and of duty, as citizens of this great Nation.

ELEMENTARY QUESTIONS

1. What does attainder mean?

2. What was the effect of a bill of attainder on the family of a man who was convicted?

3. Why does the abolition of attainder show the charity of the founders of the Const.i.tution?

4. What is an ex post facto law?

5. How would this kind of a law be unjust?

6. How could a strong, powerful, and dishonest man work injustice by means of such a law?

ADVANCED QUESTIONS

A. Show how attainder worked in England in the early days.

B. What were the abuses found under such a law?

C. Show how its abolition made for democracy.

D. Show how the abolition of ex post facto laws made for democracy.

E. Write a paper on the following: