Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-08


i mics : (a!ier the first appointments, IL i
respectfully asked, when! and also, VIII
; not appoint The trustees 10 the primar.
schools y anil 10 prescribe the course q
instruction. and discipline Of the univer
silly, colleges, academies, and primar,
schools. &c. CONSIDERING that the tern
instruction, is Intended tu comprehcn,
every thing which can tend TO improve
or embellSh The mind or body of all IN,
youth of the commonwealth; and that
the discipline 10 enforce it, is left solely
tn the discretion of the board, without H.
imitation as 10 time, and without the res
possibility as to means il is thought mat
| these alone would be deemed liberal
! grants Us power, especially since they IN
! Glade amongst tliem a monopoly al rights,
which have heretofore been held dear 10
| the heart of The parent: sud which moth
ing but the mos, refined philosophy could
require to be surrendered--A philosophy
(too refined il is feared, even in these PHI
| Iosophicai times, for unpublished, instinc-
live nature TO Succumb To, without some
lIeartieli signs nor will these sigls of ma
ture, he less ardent nor sincere, when II
Is recollected that tlie surrender oil these
rights is forever.
Bni the General Assembly, seeming 10
fear thai il had not yet given power G.
noug.i TO insure The execution of lis be-
loved object has added the following
sweeping clause &c la fine, the board OF
public instruction, shall have power 10 e.
uact, repeal, alter or amend such Gy-tdws,
rules and regulations, relative to the va
rious objects committed Ia their trust. as
10 them MAY seem eNpedieut." What kind
OF laws are bylaws They have hereto
fore been considered as iocalin their ope-
ration, applying TO some bye-corner of
the commonwealth, which from some Pc
culiariiy in lis situation, required a minu-
ti;e Of regulation, not easily redHcible TO
general laws. Thus cities are always SUBJ
,eCi TO this peculiarly from lie luXtapo-
sition of its inhabitants and other causes
and hence, corporations Tor their govern
ment, as far as thesr pecullarilies ex-
tend and no further. But the Jy-iaws au-
tllorized to be enacted by the board of
public instruction, are not only co-exten-
s,ve with the commonwealth III their geo.
graphical operation butapply to subjects
| OF the most general aud indefinite legis-
lation, and of character TOO delicate here
tofore, 10 be III any respect subjected to
governmental regulation. What then are
these by-iaws in name: bat laws of the
most general and indefinite characters in
substance 1t is not overlooked, that
the General Assembly in a subsequent
| clause, gives authority To the board of
pubic instruction, 10 recommend TO
the General Assembly, from time TO time,
such general laws IN relation to public
education" (here the term education
is substituted for instruction. as may
he calculated, in their opinion, TO pro-
mote the intellectual and moral improve
ment of the commonwealth" bui il is re-
pecifuIly asked, what occasion can ever
occur 10 renderit necessary for the board
10 apply 10 the General Assembly for ge-
neral fawS, to promote The intellectual and
moral improvement of the common
wealth; when it is already invested with
exclusive and perpetual powers under the
terms by-taUS, &c. to enact laws more
general i'll their characters and jurisdlc-
tons, than the general laws they are au-
thorised 10 recommend TO the General
Assembly; for whilst these recommcn-
dations relate only TO the intellectual
and moral improvement OF the common
wealth, the by iavS may include the in
teileciuTaI, moral, religious and every o.
Their Improvement not only of the mind,
but OF the body of the whole youth Of the
cOmmonwealth-nor shall the Limitations
upon these powers be pretermitted- They
require, and shall receive their full portl-
| Oh of aiiention-The ONLY Limitation up
OH these extraordinary powers are IN the
following words: provided the same
Che by laws, rules, and regulatiOns,) be
not inconsistent with the constitution
| aud laws of Virginia, OF of the u. States
of America"-ln commenting upon the
particular terms used in making these Ii
mutations, IT might perhaps be deemed
not altogether decorouS, to initiate tie
example of the celebrated Horne Tooke,
WHO in his diversions of Purley, has pre-
| scented the public, with the most learned,
| elaborate and valuable treatise upon the
| origin of the English language and the
| derivation and grammatical construction
| Gifts words, 10 prove, that the British
| Parliament, did notunderstand the mean
ing of the word that"
| Ii will not therefore be even insinuat-
ed, that the General Assembly did not
understand the meaning of tile words
:" and' aud "or;' as used in this clause
| of limitation. But it will merely be re-
| marked in relation TO tie word ''Oy, THAT
II is not only used as synonymous with
the word nor" in this clause; butin four
repetilons oftlie sameclause-and
twice in one of the repeiitions; whilst it
is believed TO be OF very different, if not
| of opposite Specification from the word
" nor" & with respect 10 the word "and"
| II Will be seem o bethe most operatlvewOr
in the whole clause; requiring tie most
particular attention. Al the by lars,
rules, aud regulations of the Board OF
Public instruction., are rendered nope
rative only when inconsistent with the
CONSTITUTION and laws of Virginia. &c.--
They are consequently operative THIen
consistent with either the constitution.
or the laws.
Hence, a power is given paramount
the laws IN one case, aud paramount