The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1867-08-08


The editors Of the A6cocdte give their read
ers rather an amusing proof of the irrele-
vancy of my questions. They say 1t was
not on irregular attendance | took issue with
them, but or the right of the Legislature to
pass a compulsory attendance Law. 1t might
be interesting to know whether this IS de-
feet of memory or wilful. Let the reader
Judge by quotation or two from my first
article: Before discussing ttis question /
acouI3 respectfully ask the editors a .te1c q1tes-
lions" Then follow the questions. Before
discussing what subject2 Why the subject
Of irregular attendance, which headed their
article. [ could quote more from this arti-
Gle to the same effect were 1t necessary. Our
friends of the AdcOcGte are unfortunate in
their assertions as they are in their reason
ing on the whole subject. Why did | put
those questions if not for the purpose of tax
ing issue on the question of irregular attend
ance? They said they could see no remedy
for the evil short of compulsory attendance
law. | intimated by my questions that they
were mistaken. Hence the relevancy of the
questions and their. answers prove that, so
far as the evil of irregular attendance Is con-
cerned, the remedy is clear.
| gave them an illustration of what could
be done in this way by calling their atten-
tion to a school in COnemaugh borough. l
could give them another-the German Lu-
theran school in JohnstOwn. l might add
many Others Surely it is not bad logic to
show that what can be done in that way in
these schools it is possible to do in others.
1t devolved on them to show that 1t would
be impossible to have such attendance in the
Common Schools. Until they succeed in do
irg so this illustration, without any other
argument, would, as l said, put the whole
controversy on iTrcg1;'qT attendance In q nut
shell, and be conclusive against them. I'm
less their little school boys reasoning CD
would extlicate them, l see no escape. That
was the very essence OF logic; hence [ will
not be expected to controyert it. 1t is too
profound for my limiyed capacity. But they
do make an attempt 10 give a reason for the
extraordinary good attendance at that school.
That is, that the parents are chiefly German,
and having been accustomed to the Prussan
system Of compulsory education, they expe-
rienced its benefits Then is 1t not strange
that they prefer private to Common Schools!
I am pleased TO find, however, that there
is at least one point on which they take is
sne with me that they endeavor to coutro.
vert by some show of reasoning. although l
will have occasion to show that by so doing
they unwittingly dug pit into which they
bliudly fell. This is regarding the following
question put them: "But when you admit
the government has the power to make the
sentence one year or less, by what right dc
you deny its authority to make it ten OF
more years ?" In reply to this they quote
Art s, Sec. 13 of the ConStitution. which
forbi1S cruel p,tliSRments 10 be inflicted. This
is Just the very section l reserved for their
benefit. VIII any one say that TO send a
child 10 a house Of correction for one year on
less, when guilty of no crime, would not be
a cruel punishment? ? This section of itselI
proves that the law they propose would be
a clear and express violation of the Constitu-
ton. Hence the relevancy and pertinency
of my question in asking by what authority
do you deny the right of the Legislature to
make the punishment in this case ten years
or more, If it can make it one year or less
But. they must remember, this is not the
only clause that forbids this cruel punish.
ment for no crime. Art. 8. Sec. l in the
Declaration Of Rights" says: "All mer
are born equally free and independent, and
have certain inherent and tndef feasible rights
among which are those of enjoying and de
Tending life and liberty, of acquiring, pos
sessing and protecting property and reputa
ton, and pursuing their o.Cn happiness"
quoted part Of this section in my last letter
but for purposes which arc not difficult for
| the reader to divine they eyaded it. showed
that the right of parents to educate their
children is an Inherent and ndefedsl6te righ
which no government had the right to des
| troy, even if it was not expressed in its Con
stitution. | also showed shat the barbarou
! ard inhuman law they advocate would no
/ only destroy this right. but would also, il
! express violation of the Constitution, CestTo,
| the liberty If the citizen. In addition t,
| this, showed that this liberty, which is no
! only inherent and indefeasible, but guaran
/ teed to every one by this clause, cannot b
| intorfered with by the Legislature, unless /
/ is abused by crime, an attempt to comml
| crime, or in case of absolute necessity, whel
public good demands it. To this they max
10 reply. Hence they evade the importan
! points at issue as regards the right of tn
Legislature to pass the law they recommend
Now, if the Legislature can violate thes
two sections of the Constitution, on th
/ grounds that this law would be beneficial t
individuals and society, by what method o
reasoning, let me ask, will they deny its righ
to compel attendance at particular churc
or Sabbath school, or make the punishmer
for any crime as severe as 1t pleases Ii
| can violate one or more clauses OF the Cor
stitution, where is to be found the limits
it's power7 Certainly not in the COnstitl
tion.
But these gentlemen tell me that my ia
lacics in my last article are so numerous th,
they can only find space to notice few
them, What pity! Here. then, are son
of my fallacies repeated: But they NAL
an attempt at another argument. They +
mind US that the object of the Constitute
was not to grant legislative power but to T
strain it. Granted. They then proceed
quote for my benefit a charge of judi
Blacks on this subject, with every word
which | coincide. That was a controver
on the right of the Legislature to tax t
people for the support Of schools for any b
the poor The Constitution provides for
system of Common Schools, tcherein the pc
shall be taught gratis. This is surely clea
The poor shall be taught gratis in the
, schnnls whilst the rich arc comnslled BY