The Irish standard., 1891-07-04
THAT SCHOOL QUESTION.
Extract From Judge DUNES Powerful
Argument Before the
Ohio Courts.
RIGHT TO EDUCATE THE CHILD
That is the Parents Privilege Now, and
the Rig hit Granted Them IN
Olden Times.

celebrated case Of the state of Ohio VS..
Rev. P. f. QuigleY, D. D., of Toledo,
Ohio, are given below. DR.. Quigley
was indicted by the Ohio grand jury on
the ground that he refused to comply
with the provisions Of the compulsory
school law Of Ohio, enacted by the
Legislature, April 25, 1889. In the
course of his argument Judge Dunno
said, taking as his ground the uncon-
stitutjonali1y OF the compulsory law OF
OHIO:
Whenever citizen Of Ohio can show
natural light possessed by him other
than those mentioned in the constltu~
tion. it is just as much guaranteed TO
him by the constitution as though it
were expressly mentioned there.
I claim now J1at every parent IL
Ohio has a natural right to the exclusive
control Of the education Of his children,
and as ths law in question here violates
that right, the law must be held TO be
uull and void.
AS this law Was never violated IN This
manner in tits state until little over
yeor arc, nor in any Of our states uEtlt
quite recently, it is Impossible to pro
duce what are com monty called authorl-
ties on yiAa point; decisions OF courts IN
sim liar cases. There ale none. There
has aiwaqs TO be first case III these
matters, and. SO far as I know, this is
the first case in this county where the
question has been raised whether or not
The state has the right to enact compul-
sorry education laws. We have, there
fore, TO argue the question from funda-
mental principles, by the aid OF right
reason and such authorities as We may
find az to how 1ha question is TO be de
lermiued On the principles Ct natural
law,
The first OF the acknowledged natural
tights mentioned in the bill OF rights Is
the right 10 life. Our constitution Gays
that that is right which man acquires
by reason Of tbs natural law. Soma
persons may imagine that the only law
On that subject in the state OF Ohlo IS
the statute law Of the state Legislature,
which forbids murder, but our collstltu-
ton declares that all men have this
right by nature, that is by reason OF
their nature, bY reason OF the natural
Jaw, God gave life to man liz
oxler that man might know him, love
Him and serve Him forever i'll the neyt.
Ike made 1t the duty Of man that ne
should use the life given him in SUCH
manner AS to rebound most to the honor
and glory Of his Creator; and He also
ordained hat the longer 8 man remained
in this world, and continued TO fight
the good fight, the greater should be his
reward in the life eternal. 1t was,
therefore. OF the greatest Importance
that he Should be permitted to live OUT
the full period Ut life which God chose
TO grant him. And az this was a. mat
ter entirely between man and Creator,
no one else was allowed to interfere 10
shorten bis term OF life. When it is
shortened by proper authority, it il
done by authority, received from
God, who is the giver OF life and
who alone may lawfully ordain
or permit it's. termination. AS soon
az any people deny that this political
power comes from God you find them
beginning to doubt their authority to
take life in punishment for crime, a
doubt soou resolved by the abolition of
capital punishment.
This is but slight exposition of the
reasons why man has al lnallenable
righs to life. It is set forth only as a
part OF the reasoning which goes TO
prove how it is and why il is that man,
as against his feliow-mep, has this H.
herent, inalisnahle and lndefeasible
right to life, but mainly to show how far
we have to reach out to find the reasons,
the satisfactory explanation of SO ap-
parent]y self evident a proposition as
that man has inherent tight to life
under and by virtue of the natural law.
The Ohio constitution also says that
full political power is inherent in the
people, therefore existing there by
reason Of the natural law, therefore
coming originally from Coda doctrine
recognized also in our Declaration OF
Independence No one VINO believes in
the Ohio constitution can deny that
proposition, yet is it such an easy matter
to prove it? How will you prove that
political power in this country does pro-
coed originally from the people? And
yet unless we are going to stake our con-
stitutional guarantees entirely on faith
we must find some way TO prove that all
political power comes from God. If it
does Motif it was merely granted to
the people Of Ohio, by q majority vote
in a constitutional convention, then a
like majority vote may at any time take
it away from them.
The Ohio constitution declares that
all men have a right to worship God &C.
eording to the dictates of their own
cOnsciences.
Is this true? And if so, what is the