Diplomatic and consular service, American; United States -- Colonial question; United States -- Politics and government
The individual has at last secured his long coveted freedom. But it is
only to be confronted with a still greater question, namely: What is he
to do with his freedom? How is he to use it?
Well, what has he done with it? In America, as elsewhere,
notwithstanding his political creed, he has wisely decided that the
insane must not enjoy either freedom or equality with other men. No more
can criminals; no more do women. Why? If all have a right to these
things, who dares take it away?
This brings us to a point beyond the statement of the Declaration, a
point, however, that must have been in the minds of the writers, namely,
that
SELF-GOVERNMENT IS NOT SO MUCH A RIGHT AS IT IS A CAPACITY.
Have you a right to vote, and if so where did you get it? You may answer
these questions just as you please; but the fact is, if you go insane or
commit a crime the government takes away your right to vote because of
your incapacity. You are assumed to have the capacity and therefore the
right unless it is proved to the contrary; but let it not be forgotten
that the capacity is fundamental and antecedent to the right, otherwise
our theory will always seem inconsistent with our practice.
And that is what mystifies so many of us just now. We have made no
mistake in our practice, but we have made a mistake in trying to justify
the practice by an unfounded theory, and it doesn’t work. We as a nation
have simply been idealizing the rights of man, liberty and
self-government, forgetting that these are all secondary to capacity,
just as did the eighteenth century doctrinaires.
So far with the analogy. Now, can any one give a good, valid reason why
the same conclusions would not apply to a community or tribe or race
within a state which is held to be incapable—the Indians, for instance,
or the emancipated slaves? Certainly not. Now, is there any ethical
reason why the same conclusions would not apply to an incompetent
nation? Certainly not. The difficulty to be encountered is a practical
one, because, first, there is no international court to decide upon the
capacity of a race to govern itself, and, second, there is no
international power to act as guardian for incompetent or backward
races.
Public-domain text, read in full here on John Shaqi.
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