CHAPTER III

THE SUFFRAGE IS NOT A NATURAL RIGHT BUT A FUNCTION OF GOVERNMENT

AND MAY THEREFORE PROPERLY BE RESTRICTED TO THOSE COMPETENT TO

EXERCISE IT.

Those citizens who think that they have or anybody has or can have a

natural right to vote are absolutely mistaken. There is a general

impression that such a right exists, created partly by the twaddlers who

write on politics for schools and colleges; but it is a false one, and

it is seriously misleading, because it negatives in advance all effort

to elevate the standard of the electorate by excluding the notoriously

unfit from its membership. The citizen votes not in the exercise of a

right or a privilege, but in performance of a governmental function,

involving the execution of a trust which should be confined to those

competent to exercise it.

Political voting for candidates for office is part of the process of the

creation of a governing power, and it is itself an act, part and

function of government; by it the voter declares his judgment as well as

proposes agents or representatives to enact and to execute the law.

Society therefore has a right to regulate its exercise, and to see that

it is entrusted into proper and competent hands. This theory of the

right of Society or the State to control and limit the suffrage has been

adopted not only by European nations in dealing with inferior races but

also by ourselves at home. We do not for instance permit the Chinese to

vote; we exclude from the suffrage youths under twenty-one years of age

and unnaturalized aliens, notwithstanding that they may pay large

amounts in taxes and be perfectly honorable and well meaning members of

the community; also tramps, paupers and the insane. So the policy of

excluding the colored race from full participation in the government of

the country is thoroughly established in the United States. Negroes are

not actually allowed to vote except where they are in a safe minority.

In the States of California, Delaware, Georgia, Louisiana, North

Carolina, South Carolina, Oklahoma, Washington and Wyoming there is a

nominal educational qualification by which at least a pretence has been

made of excluding ignorant whites from the franchise, and which has been

effectively used in some of these States to exclude thousands of colored

voters. The suffrage has been denied to non-taxpaying Indians in all

parts of the United States, notwithstanding that many of them may be

decent and intelligent people. One Northern State, New Hampshire, and

eleven Southern States make payment of a poll tax a necessary

prerequisite to voting. A certain period of preliminary residence is

prescribed in all the States. In thirty-eight states a previous

registration is required; and this provision every year disfranchises

thousands of travelling salesmen and others. Thirty-two States exclude

women from all or specified elections, and though the expediency of this

exclusion has been seriously challenged, the right to enact it is

unquestioned by most people.

Thus it will be seen that in the American polity the principle is

practically well recognized that voting is not a natural right but a

function of government which may properly be restricted, either to

property holders as in fact it was by our ancestors restricted, or to

any other class as the State may ordain. There is however, reason to

believe that the general public has not reflected enough on the subject

to assimilate or even to accept this proposition. The American masses

take most of their so-called opinions ready made, and as far as any

popular theory upon the subject or conception thereof is to be found

among them, it is apparently a vague loose notion of a natural equality

among men; an understanding that it is part of the original American

tradition that every man has an equal natural right to take part in

government or at least to “express himself” by his vote. We have seen

in the last chapter that the original American tradition is just to the

contrary, and demands a substantial property qualification for all

voters. In a subsequent chapter it will appear how that original

American tradition was foolishly and thoughtlessly abandoned, when

manhood suffrage and the spoils system were together foisted upon us in

the time of Andrew Jackson.

As already stated, an examination of the libraries does not disclose any

strong authority or well reasoned argument in favor of the practice of

giving a vote to every adult man or woman. The doctrine of the natural

right to vote which was first practised by the French radicals of the

eighteenth century appears to have been accepted as a piece of popular

sentimentality; apparently it has not been adopted by any great thinker

or writer. Those writers who favor it are generally superficialists, and

are content to refer to it vaguely as a step in the progress of the age

without any close examination of its merits. As for the theories of

natural equality between men, and of the right to vote as a means of

self expression neither of them will stand a moment’s serious

reflection. No equality of any kind whatsoever exists or ever can exist

between men. It is impossible even to imagine a tolerable existence

under the crushing weight of the monotony of equality. Along with

variety would perish love, hope and joy; ambition, the great source of

initiative and the most powerful stimulus to effort would be destroyed;

life would lose its picturesqueness, and instead of a bright running

stream it would become a stagnant pool. Equality means death; its domain

is the cemetery. The champions of manhood suffrage therefore will have

to look elsewhere for its justification than in an assertion of an

equality which cannot exist.

But we will be told that there is an “equality of rights.” Here is

another absurd phrase, which as generally applied is false or

meaningless. By equality of rights people generally refer to personal

rights such as the right to life, to personal liberty, etc. But there

is no point of resemblance, no analogy even, between the character of

such a right and of the asserted right to suffrage. The latter is a

claim to share with others, and therefore acquired and artificial. The

right of a man to his life, however, is not one in which others can

share; and all natural rights are of the same general character,

absolute, strictly personal and exclusive. The claim to vote rests on an

entirely different basis from such; it is social, and involves others

and the rights of others, it is a claim to govern; it vitally affects

every one else and therefore no man can assert it without the others

being consulted, since to do so would infringe upon _their_ social

rights. No such right can possibly be an original or natural right; for

natural rights are of course common to all men; and the absurdity of

every man having the natural right to impose his will upon another man

is manifest. To say that there exists a natural right common to all men

involving power over others, or that one man has a natural right to

interfere with the actions of others, or of a society formed of others,

or a natural right whose exercise by some would deprive other men of

their own similar rights is nonsense; since these last would have the

same power over the first and the result would be chaos. Such a

proposition involves a complete contradiction of itself, and an

impossibility.

Society and political organizations are artificially created, and all

rights under them are artificially acquired. The result of the exercise

of some power, or founded upon an agreement of some kind, express or

implied, they are in the nature of gifts or functions conferred by

society upon the individual. Of this character is the voting franchise.

There can be no natural right to the control of society or even to take

part in society against its will, both of which as social and legal, not

natural rights, are asserted and employed by every voter. The only

natural right that a man can have towards society is to escape from it

altogether to a place not occupied by other men.

These considerations dispose of the sentimental twaddle uttered

sometimes by shallow magazine writers and unsophisticated college

professors that every man has a natural right to what they call

“political self expression.” Self expression by political voting always

involves in some way the exercise of power over others; and no one can

have a natural right to such power.

The above reasoning applies of course to the exercise of the voting

power where it affects the property of others as well as where it

directly affects only the person. No man can have a natural right to

dispose of another’s property or any part of it by voting or otherwise.

To talk of a natural right to vote away another man’s property is

downright nonsense. Imagine a small independent island inhabited by one

hundred families each with property honestly acquired. Would an

immigrant body of five hundred have a natural right by a vote to

confiscate this property? The proposition is monstrous, yet it is all

implied in the theory of a natural right to vote.

Our Courts and Judges have never held suffrage to be a natural right,

and it has never been treated as such in our legislation. Marshall,

Chief Justice of the United States, says: “The granting of the franchise

has always been regarded in the practice of nations as a matter of

expediency and not as an inherent right.” And Judge Cooley: “Suffrage

cannot be the natural right of the individual because it does not exist

for the benefit of the individual but for the benefit of the State

itself.” (_Principles of Constitutional Law_, p. 249.) So on our statute

books voting is not treated as a natural right, nor is the citizen mass

considered as the supreme power in the state; but the constitution and

functions of the electorate are created and determined by the

legislative body, or under its direction, and its capacity is fixed by

law and derived from the law just as truly as that of any other body

exercising political powers in the government.

If suffrage were a natural right, the voter might exercise it to please

himself or solely for his own interest. But nobody pretends that this is

the case. It is conceded that the function of the voter is not to

gratify himself nor to practise experiments, nor to express his own

personal ideas, nor primarily nor mainly to foster his own interests or

those of his class, but to propose the best men and measures for the

country at large. He is not to seek direct personal benefit or gain by

his vote but is expected thereby to contribute his opinion, his wisdom,

his experience, to the promotion of the general welfare. He is not to

vote for a judge because he expects him to decide a lawsuit in his

favor; nor for a congressman because he hopes that he will help to

secure him a contract or a pension or a tariff rate favorable to his

business; but it is his duty to vote for judges and congressmen who will

decide and legislate justly, that is, with due regard for all. This

makes it clear that the franchise is not a gift of nature, but a trust

or function created by society for its own high purposes; that the voter

comes to the polls to take part in that function not as a master but as

a servant of the State in obedience to her mandate; and must be clad

with such qualifications as she prescribes. The voters are not masters

or rulers as is so often erroneously said, they are merely called upon

to designate the real rulers and masters of the land. When the citizen

approaches the polls on election day he there finds in operation a

formidable electoral machine which he is sometimes told is a contrivance

whose object is to establish the rule of the people. But this is a

superficial understanding of the matter; the people cannot possibly rule

themselves; the existence of any rule whatever implies rulers as well as

those ruled over; to talk of the people ruling is nonsense, or at best a

mere figure of speech to indicate that they have a choice of rulers.

Here as elsewhere there is and must be a government ruling by force;

here as elsewhere that government is a human machine wielding or

intended to wield irresistible power over its subjects, and constantly

menacing the disobedient with deprivation of property, liberty and life.

Our elective system is really a means for sustaining this tremendous

apparatus and of keeping it in operation and effective. It is that all

powerful governmental organism and not the people which rules the

country. Every American is just as much under the control of the

authority thus created as the subject of any ruler whatever. Freedom in

the sense of liberty to the individual to thwart or neglect governmental

authority is not within the American scheme. This is why resident

foreigners, deceived by the silly newspaper cant about the “people”

ruling are frequently surprised to find themselves more restricted in

some respects than they were in their own native monarchical countries.

This view of the matter whereby it appears that an election is the first

step in the process of the creation of a government requires the manhood

suffrage question to be presented in a different form from the usual one

which is, “Has a man as such a right to vote?” He has no such inherent

or natural right, and the real question is whether he is of the proper

material for use in the first process of democratic government making.

It follows too that the burden is on the would-be voter to show that he

is fit for that purpose. The mere fact that he is a dweller in the land

cannot possibly confer upon him the right to inject poor material into

the government-making process, any more than one of a number interested

in a cider press would have the right to insist on putting decayed

apples into the hopper.

But even if there was a natural right to vote Society would still have

the power to regulate its exercise and to establish conditions thereof.

Certainly Society would have the right to prohibit that exercise and it

would be its duty to do so when the same would operate against the

welfare of the community at large; or against the welfare of every other

person in it except the voter himself; or even against the welfare of

the majority of the citizens of the community. A man can no more have a

natural right to injure his neighbor by his vote than by any other

means; and just as he is free to use his personal liberty only to the

extent to which his actions are harmless or beneficial to the community,

so as a matter of natural right he should be only free to vote or

legislate and take part in government affairs, great or small, to the

extent to which his acts in that capacity are harmless or beneficial.

In any aspect of the matter therefore Society has the right to limit the

suffrage to such as are likely to exercise it for the benefit of the

commonwealth.

Thus by disposing of the vague idea of a natural right to vote, the way

is cleared for a consideration of the proper qualifications which

Society should require from voters. That there are men and classes of

men naturally incapable of exercising the judgment necessary to cast a

ballot helpful to the community is known to all of us. Says Amiel in his

Journal:

“The pretension that every man has the necessary qualities of a citizen

simply because he was born twenty-one years ago, is as much as to say

that labor, merit, virtue, character and experience are to count for

nothing.”

Not only has the country the right to exclude incapables from the

suffrage, but it is the patriotic duty of the good citizen to place a

voluntary limitation on himself, and to refrain altogether from voting

where through ignorance of the candidates or subject matter his vote

cannot be intelligently cast. For, just as the voter is peremptorily

called upon in casting his vote to disregard entirely his own interest

and pleasure, and even to vote contrary to his interests and prejudices

for the benefit of his country, so surely he can also be required in the

public interest to surrender his privilege of voting, to remain

altogether silent, and to allow the choice of men and measures to be

made by his more intelligent neighbors. And it further follows, that

where the ignorant voter knowingly and wilfully insists upon expressing

his own opinion or prejudice at the polls in opposition to the judgment

of another better qualified than he, his act is immoral and unpatriotic;

and equally immoral and unpatriotic is the conduct of the legislator,

writer or voter who knowingly countenances or assists in the

enfranchisement of a class of people who are incompetent to vote on the

questions to be presented to them, or to select the proper candidates

for public offices.

Voting at a political election being an act of government, the proper

test of the voter is that of capacity to govern. As Bagehot puts it:--

“Fitness to govern must depend on the community to be governed and

on the merits of other persons who may be capable of governing that

community. A savage chief may be capable of governing a savage

tribe. He may have the right of governing it, for he may be the

sole person capable of so doing: but he would have no right to

govern England. Whatever may be your capacity for rule, you have no

right to obtain the opportunity of exercising it by dethroning a

person who is more capable; you are wronging the community if you

do, if you are depriving it of a better government than that which

you can give to it.... The true principle is, that every person has

a right to so much political power as he can exercise, without

impeding any other person who would more fitly exercise such

power.... Any such measure for enfranchising the lower orders as

would overpower and consequently disfranchise the higher should be

resisted on the ground of abstract right; you are proposing to take

power from those who have the superior capacity, and to rest it in

those who have but an inferior capacity or in many cases no

capacity at all.” (_Parliamentary Reform_, 1859.)

In calling to its counsels at the polls such citizens as the State may

deem competent for that purpose, it is practically impossible to select

individuals; but it is quite possible to designate certain classes to

whom suffrage may or may not be permitted; and when these classes are

open to receive accessions indefinitely upon conditions useful to the

State and attainable by all, there is nothing in the whole transaction

inimical to the best democracy, or of which complaint can be made on the

ground of monopoly or injustice. The acquisition and judicious

management of a reasonable amount of property are terms and conditions

of just this character and experience has amply shown the necessity for

their imposition in the interests of society.

To summarize this branch of the subject. The primary object of an ideal

election is not to ascertain where lies the interest or to gratify the

caprices or whims of individuals, but to continue and sustain, and if

necessary to create the government of the country. The exercise of this

function is in itself an act of government or in aid of government, and

the privilege of participation therein is an acquired, a conferred

authority or function, not a natural right, and should be bestowed

solely for merit or capacity to be exercised in trust for the common

benefit. It is the patriotic duty of all incapable, unprepared or

unqualified citizens voluntarily to refrain from taking part in this

function; and it is the right and duty of the State by appropriate

legislation to exclude peremptorily therefrom all classes of men

incapable of its proper exercise, and for this purpose to establish

racial, property, educational, or other appropriate qualifications.

On the theory that the State itself may be supposed to have been

originally inaugurated and its operations originally sanctioned by the

suffrages of all its citizens as their creature and agent, a curious

question has been raised by some writers, namely, on what ground the

State can exclude from the constituent franchise a part, though ever so

small, of its original creators or principals. Such writers have,

however, overlooked the existence of a power higher and mightier than

that of the State or of its inhabitants at any particular period; a

power which is the real source of the authority of the State. This power

is “Society,” and its relation to the subject of the franchise will be

dealt with in the next chapter.

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