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Supreme Court — Part 17
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606—CONCUR
2 ILLINOIS v, ALLEN
Lincoln said this Nation was “conecived in liberty
and dedicated to the proposition that all men are created
equal.” The Founders’ dreani of a society where all men
are free and equal has not been easy to realize, The
degree of liberty and equality that exists today has been
the product of unceasing struggle and sacrifice. Much
remains to be done—so much that the very institutions of
our society have come under challenge. Hence, today,
as in Lincoln’s time, a man may ask “whether [this]
nation or any nation so conceived and so dedicated can
long endure.” It cannot endure if the Nation falls short
on the guarantees of liberty, justice, and equality em-
bodied in our founding documents. But it also cannot
endure if we allow our precious heritage of ordered
liberty to be ripped apart amid the sound and fury of
our time. It cannot endure if in individual eases the
claims of social peace and order on the one side and of
personal liberty on the other cannot be mutually resolved
in the forum designated by the Constitution. If that
resolution cannot be reached by judicial trial in a court
of law, it will be reached elsewhere and by other means,
and there will be grave danger that liberty, equality,
and the order essential to both will be lost.
-The constitutional right of an accused to be present
at his trial must be considered in this context. Thus
there can be no doubt whatever that the governmental
prerogative to proceed with a trial may not be defeated
by conduct of the accused that prevents the trial from
going forward. Almost a half century ago this Court
in Diaz v. United States, 223 U.S. 442, 457-458 (1919),
approved what I believe is the governing principle, We
there quoted from Falk vy. United States, 15 App. D, C,
446 (1899), the case of an accused who appeared at his
trial but fled the jurisdiction before it was completed.
The court proceeded in his absence. and a verdict of
guilty was returned. In affirming the eouviction over
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