Compulsory education. The state of Ohio versus the Rev. Patrick Francis Quigley

Front matter

^-■■■'.'1'

Class Book.

V ^ I i iU-lwu ...

Chapter I. In The Court Of Common Pleas, Toledo, Ohio

PAGE

Text of the Ohio Compulsory Education Law 1

Dr. Quigley's Alleged Offence 9

Copy of Indictment 11

How Indictment was received in Toledo 14

Arrest of Dr. Quigley 15

Trial in the Court of Common Pleas 16

Charge requested by Judge Dunne 18

Chapter II. In Common Pleas Court

ARGUMENT OP HON. EDMUND P. DUNNE FOR DR. QUIGLEY.

Statement of Facts 19^

Constitution recognizes Inalienable Rights 22

Hooker on Natural Law 24

Biblical Confirmations 29

Patristic Confirmations , 30

Classic Authors 30

Other Authorities 32

The Constitution of Ohio 34

The Right of Life V. 36

Political Power in the People 38

Inalienable Right defined 39

The Natural Law recognized in Ohio 40

The Declaration of Independence 42

Ohio's First Constitution > 43

The Natural Law recognized 44

Education a Parental Right by Natural Law 45

A Right of Any Citizen...., 47

xvii xviii CONTENTS.

PAGB

General Compulsory Education 48

What is Society ? 50

A Parent's Obligation 54

Papal Authority on Natural Law 55

The Duties of Parents 56

List of Authors on Natural Law 57

Taparelli 58

Reviewing the Constitutions 59

First Ohio Constitution. 61

Second Ohio Constitution 63

The Parent's Natural Right 66

Man's Right to Life 66

The Source of Civil Power. 69

The Government of Ohio... 70

Two Important Questions 74

Inalienable Rights 77

^^^^JEducation and Instruction 81

Parental Right Exclusive 84

Chapter III. ' In Common Pleas Court

ARGUMENT OF MR. JASON A. BARBER, FOR THE STATE.

Meaning of Word " Principal " 88

About furnishing Blanks 90

Address to the Jury 91

Liberty of Conscience respected 92

John Hancock's Opinion 93

Dr. Quigley as " Principal *' 95

Dr. Quigley defied the Law 96

Father McCarthy's Opinion 97

Religious Liberty 99

Glories of English Common Law , 99

Chapter IV. In Common Pleas Court

ARGUMENT OP HON. JAMES M. RITCHIE, FOR DR. QUIGLEY.

First Objection, Physiological 100

Law Inoperative by its Own Terms 102

Lack of Seating Capacity in Toledo Schools 104

Second Objection 109

Dr. Quigley not obliged to obey 109

Dr. Quigley not a ** Principal " ....;..... 110

Third Objection 114

CONTENTS. XIX

PAOB

Law not in Force at the Time 115

Dr. Quigley and the " Blanks " 118

Chapter V. In Common Pleas Court

ARGUMENT OF HON. FRANCIS H. HURD, FOB DR. QUIGLEY.

Introduction 119

Interference by Legislature unauthorized 119

Parochial Schools defined , 130

Obnoxious Sections, Compulsory Law 121

Law attempts Control of Parochial Schools 125

Unconstitutionality of such an Attempt 126

Extent of Legislative Power , 127

Difference between State and Federal Constitution 127

People v. Purdy 128

State v. Frame 128

Taylor v. Porter 129

Wilkinson v. Leland (Mr. Justice Story) ; . . 129

Leavenworth County v. Miller 131

BlackstouQ and Puffeudorf on Parental Rights 132

Chancellor Kent on Parental Rights 133

Other Aithorities 134

Lord Keiiyon on Responsibility of Children 137

Compulsory Education Unknown at Common Law ^ . . . . 139

First Ohio Constitution on Education . 140

Origin of the Ohio Common School System 140

Second Ohio Constitution on Education. 142

Address to the Jury 145

Catholics establish Parochial Schools 145

Dr. Quigley's relation to those Schools 147

Lack of Seating Capacity in Public Schools 148

Unjust operation of Compulsory Law 150

Injustice to the Parent 150

Injustice to the Child 150

Injustice to the State 151

Chapter VI. In Common Pleas Court

Judge Pugsley's Charge • i * 152

Verdict of the Jury. 167

XX CONTENTS.

Chapter VII. Further In Common Pleas Court

PAGE

Opinion of Judge Pugsley denying New Trial 168

Tlie Court pronounces Sentence on Dr. Quigley 177

Chapter VIII. On Appeal To The Circuit Court

AR&UMENT OF JUDGE DUNNE, FOR DR. QUIGLEY.

Statement of Case 178

Review of Judge Pugsley's Decision. 180

Real Basis of the Law 182

Some Answers given 182

Comments 185

The State, the Individual, and the Family 187

The Chinch 190

Origin of States 191

The Pagan State 192

Oriental States "192

The Christian State 193

Other States 193

Distinctions 194

Separation of Church and State 194

The Ohio State 195

Rights of the State 196

Who shall decide ? 197

Power of the Courts ' 198

The Courts the Proper Place for Relief 198

Compulsory Education is Paternalism 200

Compulsory Education violates Paternal Rights 201

Compulsory Education violates Conscience Rights 202

Compulsory Education violates Personal Liberty 207

No Good Reason shown for the Law 209

Fallacies in Arguments for the State 209

Fallacies about General Welfare 211

Fallacies about Self-Preservation 212

Fallacies about Philanthropy 214

List of Catholic Authorities 216

Summary, St. Thomas, Unjust Laws do not oblige 221

CONTEN^TS. xxi

, CHAPTER IX.

IN CIRCUIT COURT.

ARGUMENT OP MR. KURD FOR DR. QUIGLEY.

PAGE

Statement of Errors Assigned 224

First Alleged Error, overruling Demurrer to Indictment 225

Difference between Parochial and Private Schools 225

Common Pleas Court had No Jurisdiction 229

Mitchell V. Brown 232

Question about Seating Accommodation 241

Constitutional Construction 243

The Penalty provided is Unconstitutional 246

Illinois Case, People v. Turner 250-

Herbert Spencer cited 253

Chapter X. In Circuit Court

ARGUMENT OF JUDGE RITCHIE FOR DR. QUIGLEY.

Dr. Quigley not a "Principal " 256

The Blanks were not furnished in Time 257

The Question of Seating Capacity 257

The Question of Penalties 259

Who to enforce the Law ? 260

Statutory Construction 264

Remedial and Penal Statutes contrasted 265

Chapter XI. In Circuit Court

ARGUMENT OF MR. BARBER, FOR THE STATE.

John Hancock's Opinion 266

Religious Liberty not infringed 266

Propriety of Compulsory Education never questioned before 267

Opinions of Cardinals Manning and Kewman 268

The Month, of London, on State Rights 269

A Parochial School is a Private School 271

"The Struck Jury " Question. 272

Seating Capacity Question 273

The Validity of the Indictment 273

Common Pleas had Jurisdiction - 274

Dr. Quigley was a " Principal " 277

Did Father McCarthy swear to a Legal Conclusion ? 278

Question of Jurisdiction again 279

XXU CONTENTS.

PAGE

Statutory Construction 280

Chapter XII. Decision Of Circuit Court

Opinion by Haynes, J ,.... 283

Chapter XIII. In The Supreme Court, On Appeal

ARGUMENT OF JUDGE DUNNE FOR DR. QUIGLET.

Introduction 305

Statement of Facts 306

Summary of First Argument : 308

Summary of Second Argument 309

Parental Rights 311

Control of Education 315

It is the Duty of the Parent to educate 315

Duty implies Right to control \ 316

Right to control implies Exclusive Right 316

State Control of Private Schools Unwarranted 319

U. S. Senator Vilas on Parental control 319

.State may aid but not control Education 322

Extravagant Curriculum of State Schools , 324

John Stuart Mill v. State Control 325

Compulsory Physical Education 326

Gov. Pattison, Pa., vetoes Compulsory Education Bill 326

Conscience Rights 328

Definition of Conscieuce Rights ..,.♦... 329

Von Hammerstein on Parental Rights . . 329

Catholic Population of U. S 330

The Baltimore Decrees on Education for Catholics 330

Education of Youth a Religious Function 331

-Cardinal Gibbons's Pastoral Letter on Parochial Schools 331

These Decrees and Pastorals bind Catholic Conscience 333

Pius IX. prohibits Catholic Attendance at Godless Schools in Ger-

That Prohibition declared Universal 336

Bishop Keane, Catholic University, concurs 337

Reason for this Prohibition 338

Protestant, Frederic Harrison, of England, concurs 338

Comments on Harrison's Declaration 339

Conscience Rights of Quakers respected 340

CONTENTS. xxiii

PAGE

Personal Liberty Rights 342

Answers to Secular Claims 343

Self -Preservation : First Answer 343

Second Answer 344

The Public Good : First Answer 345

Second Answer, by Herbert Spencer 346

Third Answer, by Washington Gladden 345

Fourth Answer,' by Mr. Spalding, of Massachusetts 347

Fifth Answer, by Von Puttkamer 348

Sixth Answer, by Bluntschli 349

Seventh Answer, by Ahrens. 349

Eighth Answer, by Dr. Cauer, of Germany 349

German Experience condemns this Law 350

List of Authorities 353-

Chapter XIV. In The Supreme Court

JUDGE DUNNE REVIEWS PROF. BOUQUILLON'S PAMPHLET.

Introduction to Review 354

Prof. Bouquillan's Definilions and Explanations 356

Prof. Bouquillon's Propositions 358

Prof. Bouquillon's First Proposition : the State may teach 358

Prof. Bouquillon's Facts : First Fact of the First Order 359

First Fact of the Second Order 363

Prof. Bouquillon's Authorities: Cardinal Zigliara 364

Costa-Rosetti 365

Von Hammerstein. ,. 366

Father Holaind 367

Mgr. Sauve , 367

Mgr. Sauve, as explained by 'Dr. Conway 368

Taparelli 370

Cavagnis , ,... 371

The Schema 371

Prof. Bouquillon's Errors as to the Schema 373

Four Condemned Propositions : Syllabus 374

Theologians' Note, No. 47, to the Schema 374

Comments on Note 375

Prof. Bouquillon's Second Proposition: the State may control 379

Prof. Bouquillon's Citation from Zigliara corrected. 384

Prof. Bouquillon's Citation from Lucidi explained 385

XXIV CONTENTS.

PAGE

Comments on these Citations 385

Prof. Bouquillon's Reasoning criticised 388

Prof. Bouquillon's Syllogism criticised 391

Error in the Major 391

First Error in the Minor 392

Third " " 393

The Syllogism has Four Conclusions , 393

Objections to the Fourth Conclusion 393

" Third " 394

" First " 396

A College President's Opinion 397

Opinion of the Gimltd Caitolica 397

Comments on these Opinions 397

Prof. Bouquillon's Possible Meaning. 400

Chapter XV. In The Supreme Court

RIGHTS AND DUTIES OP THE STATE IN EDUCATION.

^^ Judge Dunne's Seventeen Propositions as to Church, State, and Pa-

rental Rights and Duties in the Matter of Education 404

Judge Dunue's Comments on these Propositions, showing that a Certain Kiud of Compulsion is Permissible in Education, as proved by Natural Reason aud admitted by Catholic Authorities, among ^.^ them Costa-Rosetti, Rickaby, Cathrein, Von Hammerstein, and

The Two Opposing Schools, Church and State 416

Growth of the State School traced : Plato. Aristotle, Machiavelli, Erastus, De Groot, Hobbes, Rousseau, Schilling, Hegel, Wilhelm III. of Germany, and Comments on the Same 416

Chapter XVI, In The Supreme Court

JUDGE Dunne's supplemental argument.

Cimltd Caitolica condemns Prof. Bouquillon's Pamphlet 423

What Cardinal Manning really said 425

Bishop Chatard on Prof. Bouquillon's Pamphlet 427

Bishop Messmer " " " 428

Prof. Bouquillon's Second Pamphlet, " A Rejoinder to Critics " 430

Judge Dunne's Comments on the Rejoinder 430

>. Conclusion of Judge Dunne's Argument 433

CONTENTS. XXV

Chapter XVII. In The Supkeme Court

BRIEF OF THE HON. FRANK H. HURD, FOR DR. QUIGLEY.

PAGE

Statement of Points involved. * 435

Objection to Jurisdiction 436

Objections to Indictments 439

Errors at Trial 443

The Law Unconstitutional 445

Parochial Schools defined 445

What the Law demands 446

Penalties for Refusal 447

Power of Truant Officer 448

Powers of Public School Officials 450

Parental Rights violated 451

State has not the Right to Educate 451

Limits of Legislative Power 453

Rules of Constitutional Construction 454

Blackstone on Duty of Parents 456

Puflendorf " " 456

Chancellor Kent on Parental Rights 457

Other American Authorities on Parental Rights 457

No Compulsory Education at Common Law 458

Ohio Constitutions on Education 458

Application of Principles to this Case 463

The Law violates Conscience Rights 464

The Law Unconstitutional because of its Penalties 464

Chapter XVIII. In The Supreme Court

BRIEF OF ATTORNEY- GENERAL OF OHIO FOR THE STATE.

Statement of the Case 471

Attorney-General's Four Points 478

History of Compulsory Education in Ohio. 478

Compulsory Education in Other States 482

Constitutionality of the Law 490

First Point : Parental Rights not infringed 490

Second Point : Conscience Rights not violated 500

Third Point : Compulsory Education is Constitutional 501

Fourth Point : the Penalties are Constitutional .507

Common Pleas had Jurisdiction 510

The Indictment was Sufficient 513

XXVI CONTENTS.

PAGE

The Trial was Regular 515

Chapter XIX. > In The Supreme Court

ORAL ARGUMENT OF MR. HURD FOR DR. QUIGLE7.

Argument of Hon. Frank H. Hurd 518

Statement of Case. 518

Parochial School defined 530

>y-How this Law affects Parochial Schools 520

V^ Assumes Entire Control of them 521

Thereby abrogates Parental Rights 522

Puffeudorf on ParentalRights 523

Burlamaqui on Parental Rights 524

Question by Judge Dickmau 524

Cicero on Parental Rights 525

Another Question by Judge Dickman 525

Limit of Legislative Power 526

Question by Mr. Watson, ex-Attorney-General 531

Mr. Hurd answers Mr. Watson 531

The Penalties Unconstitutional 532

Question of Exclusive Jurisdiction 533

Evil Consequences of the Law , 534

Right to Trial by Jury 535

Question by Judge Minshall 536

Mr. Hurd answers Judge Minshall 536

Mr. Hurd quotes Herbert Spencer 537

Character not to be formed by Majority 538

Formation of Citizens' Character 538

This Law opposed to Fundamental Principles 539

Chapter XX. In The Supreme Court

ORAL ARGUMENT OP MR. BARBER FOR THE STATU.

Mr. John Hancock's Opinion 540

Review of Compulsory Education Laws.. , 540

Scheme of Public Education of Slow Growth , 541

Principle of Compulsion always Present .* 541

One of Mr. Hancock's Last Utterances 542

Importance of the Law 542

Law does not violate Conscience Rights 543

State may fix Minimum of Education 543

CONTENTS. XXVll

PAGE

Judge Redfleld opposes Compulsory Education. 544

Law carefully regards Parental Rights 544

Power of committiug Magistrates 545

Other Catholics obey the Law , 546

Archbishop Ireland advocates State Schools , 547 .

Extracts from his St. Paul Address , 547

Dr. Bouquillon denoimces Judge Dunne's Arguments 548

The Best Part of Judge Dunne's Brief , , 548

Dr. Bouquillon's Points stated , 548

The Month favors Compulsory Education 548

Leo XIII. a Great, Enlightened, and Liberal Mind 548,

^ Mr. Barber cites Addis and Arnold's Dictionary 549

■Daniel Webster on State Rights in Education 549

Mr. Barber's Conclusion. 550

Chapter XXI. In The Supreme Court

ARGUMENT OF HON. D. K. WATSON, EX-ATTORNEY-GENERAL, ON BEHALF

OF THE STATE,

State Control of Education Necessary 551

Legislative Power 553

All Rights of the People are merged into the Constitution 553

Judge Cooley on Legislative Power 553

Chief -Justice Denio's Opinion o . . . 553

Chief-Justice Redfield's Opinion , 554

Legislature has Authority 555