Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-06-08
The Higher Law" Doctrine.


The communication of Mr.. B. F.
Brown, which appears on the first
page of this issue, is published simply
because we believe in the freedom of
opinion and the right to express 1t on
oil occasions. 1t emanates from the
same texture Of brain that persisted in
forcing the slavery agitation many
years ago. and in overriding constitu-
tional and all other law whenever it
conficted with it's ideas Of right or
wrong. The proposition that Mr..
Brown lies down is, that neither Con-
gress nor the Legislature has the right
to confer the elective franchise upon
any native-born citizen; that it exists
~ natural right, inherent in the peo-
ple." He grounds his belief substan-
TALLY on the circumstance that it was
exercised by the people in forming the
government, prior to the enactment OF
any election laws. He seems to lose
sight Of the fact, however, that the
very act Of instituting government
begins with . prescription of certain
rules that must of necessity restrain
individual liberty. Judge Blackstone
says that "every man when he enters
society, gives up part of his natural
liberty, as tho price Of 60 valuable n
purchase, and, in consideration for re-
csiying the advantages of mutual COM
merce, obliges himself to conform to
those laws which the community has
thought proper to establish. Political
Or civil liberty, which is that of a men,
Der Of society, is no other than natural
liberty, 90 far restrained by human
laws as il necessary and expedient for
the general advantage of the public"
This seems to be very clear state
ment from an eminently respectable
source, Of the conditions upon which
the social fabric is grounded, under
constitutional government, and the ne
cessity for the enactment of laws pre-
scribing what is right and prohibiting
that which is deemed to be wrong for
the individual to do. One Of the first
duties recognized by the Constitution
of the United States was to fix the
qualifications Of members of the House
OF Representatives., and this was done
by making the requisites precisely
those OF members Of the most numer-
GUS branch Of the State Legislature.
Thus, twill be seen that the matter
of qualification was not based upon
eitizenship, or anything else but what
the State should determine, except
age, which was fixed at Is years and .
seven years residence in the United
States. At the very threshold OF the
formation of the Government, the
right seems to have been delegated to
each State to determine the qualifica-
tons Of its Representatives, as well,
further on, for their election in such
manner, and at such time and place,
- the Legislature thereof may direct"
If the qualifications Of citizenship are
not specifically defined in the Consti-
tuition, their regulation unquestion-
ably belongs to that "power not dele
gated to the United States by the Con-
stitution, nor prohibited by it to the
States" and which are reserved to the
States respectively, or the people"
This view seems to have been so clearly
expressed that all the States and Ter
ritories have not hesitated to exercise
the privilege OF legislating upon the
duties and privileges of citizenship.
So universal has been this acceptation
Of the intent of the trainers of the Con- |
stituti0n. that the meaning Of the word
citizen, as defined by Webster, il "a
person, native or naturalized, who has
the privilege of exercising the elective
franchise, or the qualifications which
enable him to vote for rulers, and to
purchase and hold real estate"
It seems like the yeriest folly. with
all these facts in mind, for anybody to
assume that the trainers of the Con-
stitution meant anything more than
the record ever since shows was the
true intent of their work. Language
should be construed SO as to express
the probable. if not palpable intent, of
those using it to set forth their ideas,
and not to conceal or pervert the
they attached to their acts,
10 we'll as their words. Even Mr..
Brown knows that the object of the
Amandnnank n thA Con.