injury prevented.
Who has such a right, then?--such natural right, or right according to
the law of nature or reason? The man, we answer, who, all things
considered, is the best qualified to discharge the duties of the office.
The man who, by his superior wisdom, and virtue, and statesmanship,
would use the power of such office more effectually for the good of the
whole people than would any other man. If there be one such man, and
only one, he of _natural right_ should be our President. And all the
laws framed to regulate the election of President are, or should be,
only so many means designed to secure the services of that man, if
possible, and thereby secure the rights of all against the possession of
power by the unworthy or the less worthy. This object, it is true, is
not always attained, these means are not always successful; but this is
only one of the manifold imperfections which necessarily attach to all
human institutions; one of the melancholy instances in which natural and
legal right run in different channels. All that can be hoped, indeed,
either in the construction or in the administration of human laws, is an
approximation, more or less close, to the great principles of natural
justice.
What is thus so clearly true in regard to the office of President, is
equally true in regard to all the other offices of government. It is
contrary to reason, to natural right, to justice, that either fools, or
knaves, or demagogues should occupy seats in Congress; yet all of these
classes are sometimes seen there, and by the law of the land are
entitled to their seats. Here, again, that which is right and fit in
itself is different from that which exists under the law.
The same remarks, it is evident, are applicable to governors, to judges,
to sheriffs, to constables, and to justices of the peace. In every
instance, he who is best qualified to discharge the duties of an office,
and who would do so with greatest advantage to all concerned, has the
natural right thereto. And no man who would fill any office, or exercise
any power so as to injure the community, has any right to such office or
power.
There is precisely the same limitation to the exercise of the elective
franchise. Those only should be permitted to exercise this power who are
qualified to do so with advantage to the community; and all laws which
regulate or limit the possession of this power should have in view, not
the equal rights of all men, but so
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