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Show i . - - ',, 1 , , Plets.;Ciartes Address, on ,. ' - I 1 , 4 the,-Cotistitutio- - n 1 i , , Let Us . t., ' ' - ''' ,, ,. . , . , ,. , ..,, , ,,,,,..sivi,,,f ,,,,,k''..0. . .,.,.., ,. ; ,... , - ; , , ,. , , .'.- - -, - ........ , Slavery' ,'; $,,,,e,i4i,i;.., , , ., .,. ,... -- ,,:,-..k- i.....:?,..7,, , ,: . ' r , , . . , . , . .. .. . . . , , ... . r. .. . - - (FULL TEXT of an address delivered by 'Pres.- l'Rekbes Clark! , servitude upon such a mighty Jr. of the First Presidency, before the Utah State Faris &rein ' , ,.., continental nation must be in tioe, at the Hotel Utah, Nov. 241952) - , ' , ly i, . '- - ; , I . ' , , - . I ., ;.r...-- r, ' - .. ;:: 4, l'. - ' :.,., ; i: '''..,, . ,' , , - ' '.' - ' .,. - s - , ' . ..,., 4 Your officers have honored me-by , askitlg that I talk to you,va 1. These were the horse 'and for. a little while today on the Constitution of the United States. Our time will let me deal only with a few elemental principles. It buggy days as they have been " these-wer, tOe , Is always 'a pleasure to talk about that greatest ot all political called in derision; men horsetravelled who the in oft "The of Gladstone documents. irepeat the that: quoted opinion , American Constitution is the most wonderful work ever struck off diawn buggies and on horseback; ,,- but these were thU men who carat a given time by the brain and purpose of man." ried' under their hats, as they I believe the Constitution was! framed under the inspiration of his fight against slavery; John- rode in the buggies and on their , horses, a political wisdom garthe Lord God Almighty. Wash- son (Connecticut), an educator of nered 'from the ages. As giants not too reputation and achievement; to pygmies are they when placed ington's thought. seemed far away from this. For, as the Madison (Virginia), sometimes alongside our .political 'emigres Constitutional Convention was called the "Father of the Con- and their fellow travellers of today, who now 'traduce them a great statesman.' . getting under way, some member stitution," were There others of great with slighting word and .consuggested that "palliatives and and who temptuous phrase. experience ability more would measures be half far and Buggy Days" 2 "Horse to this historic helped produce likely to find favor with the document. Four men , of 5 greet the Moses, great Lawgiver; " thorough-goingpeople than any delib- seemingly travelled on foot; so in the ability participated provisions. Answering this' sugerations, but refused to accept travelled the intellectual giants gestion, Washington, president the .final document Martin of Greece and Home, or by horse t and arose of the convention, , Mason or chariot; Christ, on foot or by (Maryland), (Virginia), to please . solemnly declared: "If, Paul, the people, we offer what we Randolph (Virginia), and Gerry donkey; and so Peter and somethough possibly by chariot ourselves disapprove, how can (Massachusetts). times; so with all the great ones The "Federalist" we afterward defend our work? s Let us raise a standard to which While the Constitution - was of early modern timesNapCONSTITUTION ADEQUATEThe Constitution of the' Peter the Great, the Iron the wise and the honest can re- - under consideration for adoption oleon, and InUnited States is adequate to meet all national emergencies scores of others. Duke, of hand by the Colonies, Hamilton, Madithe event is in the and yet preserve freedom, declared President (I. Reuben tellectual spiritwisdom, power, 0 son, and Jay wrote the "FederalClark,', Jr., in an address before the Utah FarhrBureau This lofty sentiment thereafter ist," a series of essays explaining ual greatness, inspiration, vision, Federation. never 'nor have depended upon - guided the convention.- the document. The first essay ap. been in to, proportionate speed , , Moses was no more prepared peared in October, 1787; and free- Ing the pattern of the somewhat or slaves transportation. enslaving pating winothers and that appeared experience during by the, training These Revolutionary patriots men. Events of the past few years earlier private codifications of gained,. in the Court of Pharaoh ter and the spring of 1788. These were the men who fabricated the have abundantly shown how this and Hermogenes (of for his great service of leading essays have been appraised as the document which tragic fate of enslaving freemen Gregorius the time of Constantine), the EmIsrael from the bondage of "the greatest treatise on govern- Constitution, the political emigres amongst us, be brought to us. perors Theodosius II and Velem Egypt, than were the framers of ment that has ever been written," Immigrants from despotism , and might Accordingly, I shall discuss tinian III (Augustuses) on March t the Constitution prepared by and its writers have been ranked of free institutions, hold briefly certain phases of the ex- 26, 429 A.D., appointed by Im-training and experiepce for their as of the same order with Aris- ignorant to ridicule as...the offspri Constiup under the power ecutive Edict and Looke. were of a form (the people gov- totle, Montesquieu work of providing penal not tution, and the present tendency consulted either directly The Constitution was not the of a rude, almost ernment that would "secure the and untrained people, to untaught enhance it through representatives), a comp Blessings of Liberty to ourselves work of cloistereC, fanatical in the. art of government. Indeed, Two Legal Systems mittee of jurists to prepare aq and our Posterity," as they pro- theorists, but of sober, seasoned, their so has become loud scoffing men of affairs, cies- distinguished As of the time of the writing of official code. claimed to the world e They prescribed and virulent that some among us sis Preamble to the Constitution. drawn from various walks of life. have come to feel that we must the Constitution, there were two what it was to contain. This Code was and presented to They included students of wide The Framers of Our for that divinely in- great systems of law in the world the prepared : Roman Senate some nine reading and great learning in all apologizecharter of liberties conCivil of law Law the (the Constitution and matters of government. They spired tinental Europe) and the Com- years and nine months later (Dee. 1'nee-ail- l ee lastitution& ai I cartliiirrOil 'WI were-- amaig those 4r Some, arnontos ivbehad ad mon 25,..430).'Titst Senate,-Lwhic(Pm 10 bftinglant! 'Int;Ilitmerflotlit-..4.3nelt:Attr,,,ctoustit- z the- - colonists .seem ahnostjo cringe with shame,' tiPalrar-ttlided,- ''' 10Ni her 'colonies, including namtion, 28 had served in the Co- through a long' Revolutionary when they feel the need of almost menially subservient to nAmerican Colonies). tinentar Congress; 13 'bad served War, besernot- - only with grave ing the Constitution. the Emperor, received the Code in and stated Briefly, to I for declare what But general in and the problems of military necessity you, both in the Congress with shouts of approval: "It Is basic of the terms, these concept is what Revolutionary Army, 19 bad and strategy against one of the it may be worth, that it So be it!" Accompanied by served in the Army, of whom 17 most powerful nations of the Gladstone said it was, the great- two systems was, as opposite as right! loud exclamations of oriental flat- Law the Civil the the 'struck at off document est "ever polesin were officers, and of these, four world, but also burdened with source of all law is the personal, tery for the Empergt. There rag gerved on Washington's staff. vital local problems of coordina- a given time by the brain and a document ruler; whether prince, king, or no debate On the Code by thi of man," not purpose had of two the Only tion and cooperation among and signerr question, or to belief, which, emperorhe Is soverelln. In the Senate, notheobjection, in 'my according or served either in the Army confederbetween a loosely-kni- t Senate did not so dissent; Common as to "suffered Law, be himself the Lord certainly finally the Continental Congress. ation of thirteen dirferent politmuch as dot an "I"- ot cross a at." ' choice lot of men. ical entities, each jealous be- established, and should be main- developed in America, the source The Code was This was wholly the off- all law is the people; they, as Among the great ones were yond measure of its own political tained for the rights and protec- of of the spring Emperors; the a to are of all tion whole, sovereign. flesh, according Washington, Franklin, Hamilton, independence end sovereignty,1 During the centuries, these people had no part whatever and Madison. There were many none with g t eat financial Just and boly principles," estabtwo systems have had an almost in it. others that were of exceptional strength, ; and all hesitant, at lished 'by the hands of wise men We should understand that for control raised the Lord for the ef whom that deadly rivalry up training and ability. Jefferson times to the point of unwillingconnected with the was not there. When he read the ness, to contrilute the necessary purpose'; and as the Lord said, society, the Civil Law, and its everythingwas divine or sacred. Emperor was redeemed land the fundamental this the concepts by leing not too favor- funds for The common defense document, e was was there sacred the ' amI blood. pal-to which instrument of imperial say you shedding through ably Inclined; he thought the and for waging their war for in- that the sacred bedthe ace, imperial of is and selfmen bitious of and price genius liberty framers ha been too much im- dependence. the sacred, imperial human chamber, mainishness have has set and blood, been, always up pressed with, the then recent Pitt's Estimate blood, and if our liberties are tained despotisms; the Common wardrobe, the sacred laws, eta. Shays rebellion in Massachuhave permitted myself these lost, we shall never regain them Law, which its basie;principles, The government was an absolute I of the spur setts, and that "in at the price of blood. being theJ instrument throttgh autocracy, the state was , thorintroductory remarks in order to the moment they are setting up suggest to you that the Constitu except lost! not mud which men of equal genius, but oughly militarized, the Emperor They I kite to keep the henyard in tion- was born, not only of the - The proudest be boast of a citizen with the love of mankind burning In supreme command. The Em- wisdom and experience of the of ancient Rome was, "I am a In their souls, have established peror was ardeT," , . the sole sources But Jefferson was wrong. The generation that wrought it, but The proudest boast of and preserved liberty and free in- of law. By the simple IssuRoman.", framers were not political tyros also out of the wisdom of the any patriotic citizen of this free stitutions. The Constitution of the ance of a new law, . the Emflying a political kite to keep in long generations that had gone, country of ours should be, "I am United States embodies the loft- peror could modify or repeal order the henyard, that 'is, the before and which had been trans. an ,American." God grant this iest concepts yet framed of this any previous law. All imperial colonists. They were men widely mitted to them through tradition boast may ever be ours. exalted concept. Becausehe of these utterancei were considered di--' experienced in affairs of govern- - and the pages of history.. different Lincoln's pres- vine or sacred, the contravenconcepts and-t' Prophecy alWe might here appropriately tient, I- - have 'named some to- tion of a given law, as was often ence us and reaction' amongst . I remind you at this point that will name them again, quote what William Pitt said, not I ready; Law Civil of the ' concepts, I proclaimed, was sacrilege and the With others. There was Washing- of the Constitutional Convention, Lincoln, speaking before the day wCsh in very general ternis, to punishment for sacrilege was of Men's Lyceuria SpringYoung ton, a' military genius of high but of the First Continental-Conorder- ; contrast some of the characteris- death. The laws issued and codi- ' Franklin (Pennsylvania), gress, which included some of the field in 1837 (he was theng not tics of these two systems. fied were designed to keep secure yet 28 years old), with it diplomat of great tact and men in the Constitutional this absolute, unchallenged power Code The Theodosian declared and vision prophecy, and a scientist; thO two vention and others of equal statand authority of the Emperor. 7 2 The Civil Law was developed Morrises (Pennsylvania) . and ure. Indeed, at that time they that our country need not fear all It is interesting to note that ' had not yet been seasoned by the the armies of the world, with a by Rome, with a high genius not , these laws, proclaimed over 1,500 . Hamilton (New York), financiers Its prqvisiont years ago, had provisions cover- Of the first rank; Wilson (Penn- problems and crises of the Revo- - Bonaparte at their head, for such since excelled. . modern eon- sylvania), a learned and able lution. Pitt said: "For solidity of could not, he said, "by force take reached deep into the elemental ing such from a nainto weld men a. e. that or, factors and dr.ink the (no mak, cepts, which our emigres and felJurist; Ellsworth (Connecticut), reason, force of sagacity,, one of the ablest lawyers of his wisdom of conclusion under a track on the Blue Ridge in a trial tions. Rome was called the Mis- low travellers would have us beChief Jus-- combination of difficult ckcum- of a thousand years." He affirmed tress of the World, and Is the lieve are new inventions, as price , time, and afterwards tic of the United States: Strong stances, no nation or body of men our real danger would come from realm of law she retains,Aoday, fixing, ,black markets, excessive can stand in preference to the the bands of some, ambitious man among , the bulk of civilized taxation, socialized medicine, eon. (Massachusetts), an experienced 10 afterwards General Congress at Philadel- who would rise up from amongst peoples, that proud 'position. L? scription of labor, administrator, See BEES. CLARK, rage 12 Now a little history: Follow- times governor of Massachusetts; phis'. The histories of Greece and ourselves and burning and thirstwould gratify King (Massachusetts): a humani- - Rome give us nothing equal to ing for distinction, 1952 CHURCH- -3 Saturday, November: to impose his ambition whether by mindtartan already distinguished for it, and- - all attempts , . , , e , .1 , Ats S , I ) tit; a semi-barbaro- I . in-th- r9- - t sw000ts post41;4144:41:::,'. l',i 't . . - . . - -- . . . , - -- . 3 - - ' -- Con-abilit- y, , , , I ; 1 1 4 i far-flun- . . ,: . i . - , 7, . . anti-Semitis- , : ' ' - k, , |