[untitled] [excerpt]
The constitution of the United States
guarantees that “no person shall . . . be deprived of life, liberty
or property without due process of law.” That document also declares
that—
In all criminal prosecutions
the accused shall enjoy the right of a speedy and public trial,
and by an impartial jury of the state and district wherein the
crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses
in his favor, and to have the assistance of counsel for his
defense.
If a Guiteau or a Czolgosz murders
a President of the United States, the courts assure him the protection
set forth in these clauses of the constitution. The judge is careful
to know that the accusation is in legal form. With paternal care
the judge examines every member of the jury, to see that none are
prejudiced against Czolgosz; the judge sees that the trial is speedy
and public; the judge sees that Czolgosz is not condemned without
being confronted with the witnesses against him; the judge uses
compulsory process for obtaining witnesses in his favor; the judge
selects the most able [496][497] counsel
procurable to defend Czolgosz. But what would the judge do if the
prisoner had been accused by his former master of “speaking” to
or “persuading” other men to not take his place as a striker? What
would the judge do if the prisoner had been accused of “assembling”
with his fellows? The judge would deny the servant every right and
privilege he so gladly accorded Czolgosz! The judge would deny the
servant a jury of any kind, much less an impartial jury; the judge
would deny the victim the right to meet his accusers or to be confronted
with the witnesses against him; the judge would not issue compulsory
process for obtaining witnesses in his favor; the judge would not
select any counsel to defend the prisoner, much less select able
counsel; the judge would condemn the workingman to imprisonment;
would deprive him of his liberty, without “due process of law;”
without “trial by jury.”
The workingmen now demand that Congress
shall intercede in this contest between the servant class on the
one side and the judges and master class on the other. Workingmen
believe that the courts have been prostituted by the corporations.
Workingmen believe that they have had ample evidence that the courts
are being used by the corporations to win their contests with their
employees. Workingmen now demand that a striker shall have as many
rights before the courts as a Guiteau or a Czolgosz. They demand
that the rights guaranteed them by the National Constitution shall
be no longer taken from them by the judges.
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