76 



JOURNAL OF THE PLYMOUTH INSTITUTION. 



children about which there is no dispute. Is, then, the State 

 action to supply the deficiency any infringement, or even any 

 interference, with their rights ? If they do their duty, they will 

 not feel the compulsion. Law is the framework of the body 

 politic. A written law becomes necessary, because without it 

 there is no possibility of keeping men from infringing on each 

 other's rights. It regulates the actions of people so as to perfect 

 liberty, instead of restricting it; for freedom is not license or 

 power to do as one likes, unmindful of others, but the power to 

 follow out true aspirations, which of course, being harmonious, 

 will not clash. 



It is sometimes urged, however, that the proposal is un-English. 

 This is a mistake. The Court of Chancery possesses jurisdiction 

 to secure the education of any children neglected by their parents ; 

 but the exercise of this jurisdiction is necessarily limited to cases 

 in which the Court can control the use of money for the benefit of 

 the children; because, as Lord Eldon said, the Court cannot ''take 

 upon itself the maintenance of all the children in the kingdom." 



So much as to the right of the State. Is it not, however, the 

 duty of the State to interfere ? A great number of children have 

 no chance to learn how to live useful lives, but are surrounded 

 from infancy by vicious and criminal influences. How can the 

 State then, when it reaps the fruits of their bad training and its 

 own neglect, punish them with any show of justice ? Again, a 

 great many parents would be willing to send their children to 

 school, but their neighbours send theirs to work, and in this way 

 labour is cheapened, and the earnings of the children of the well- 

 meaniug parents become necessary to them. Ought not the State 

 to protect and encourage these people in the execution of their 

 wishes? There is a third consideration. The neglect of these 

 presses very heavily on the persons who suffer from their depreda- 

 tions, and have to bear the burden of their poverty. Have they 

 no right to expect the State to try to stay the evil ? 



It being then the duty of the State to secure to all children the 

 means of primary education, we come to the consideration how far 

 it has a right and ability to draw out or develope the character of 

 the children. It is the duty of the State to exert a citizen influence 

 on the children ; that is, to awaken and cherish in them all those 

 desires which good citizens ought to have, both towards the State 

 and towards each other ; and for this purpose it should secure for 



