The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1847-09-02

There is an en,ire unsnimi.v Of opinion
on this subject, rs far as We have been able
10 ascertain by consult alton aud reference.
And this opinion Of our first legal men 10
confirmed by former dccisi"ns Vi the high
cst judicial authority. Perhaps moro than
dozen cases were incidentally produced
before the Supreme Court Of this State dur.
ing its late Session in Iowa City.
lsupposc, therefore, that common sense,
the opinion Of legal men, aud the uniform.
i,y oi standard works should put this ques-
tion 10 rest. Your official acts will lie firm
in law and binding in effect, for which you
and your securities will be responsible,
even IL it shall be shown TINT the Secretary
Of State had no authority from the Lcgsla-
turc Ia publish the school law; il this want
of authority should render his actn nullity;
aud ii your election should he made to ap-
pear inraiid.
We have shown, thus far, that you did
not ioist yourselves into office; that you
have been elected by your felow.citizcns
tn the stations you occupy; that this man-
hesitation Of their good pleasure has been
expressed in legal way; that the laws IN
der which you act are surpassed 10 be con-
stitutionnl; that the design Of tho constitu-
tion has been complied with in the publca-
ton ot these laws-an individual having
been called on 10 obey these laws before he
knew what they we're, that your acts will
be valid; that you aud your securities will
be responsible Ter n faithful discharge of
your duties; that you will not, in tho dis
charge Of the duties Of your offices, cndan-
ger the interests Of tho State; that, conse-
qncntly, the question now before tho courts
of our State, is nothing but question Of
ofiicc--gotten up and prosecuted by few
aristocrats of this city, who IRE deeply NOR
titled to see an intrusion made on their roy
al order, by un humble individual, strug-
Cling into notice from poverty and oLscur-
hy, sanctioned by the voice Of sovereign
people, Sin tones of seven fold thunder !!''
Then YOU have no substantial reason for
delay. The present school law is the only
Inv now in force; It repeats all other laws
on this subject; and under its provisions il
will be the duty of tho school directors TO
make their report on the first Of September
to tho township inspcctor-of the inspec-
fund commissioners Of their respective
counties; and Of the fund commissioners,
on the first Of November, to tho superin-
tendent Of public instruction.
Unless YOU do this, you will be unable to
draw, for your districts, even the school tax,
they themselves pay into tho treasury, or
any portion Of the interest Of the pcrma-
npnf f,Infl that s,ar hn ~, In nd
You should also remember that you arc
srorn officers; but few if any Of you wcrc
elected in consequence of your political
views. Your election to Office is supposed
TO be in consequence Of your ability and
merit. You are supposed, By the people
who elected you, 10 stand above party cla-
mors. Your faith has been pligh,ed before
men and in tho sight Of Heaven, for faith
iul discharge IL their official duties. The
school lnws of the State arc placed in your
hands Tor execution. The educational in
tcres.s oil her sons and her daughters nre
entrusted to your cnrc. Your action will,
to some extent, decide the character of COM
ing generations. You now control the ell
ements that will control the dcstinies Of
your Statc. Are YOU about TO prove recre-
ant to the just? Arc you willing 10 rob the
people Of the school tax they nre about to
pay into the treasury; the children Of tho
State Of The means of instruction Cor the
coming ycar-and some Of them. perhaps,
for life? Areyo willing to sap the found
ntion Of our free institutions, which depend
for their stability on the intelligence and
virtue Of the pcoplci Or arc YOU ready
TO enter on the discharge Of your duties
with zeal and vgoil
II any doubt your right 10 the Offices you
now hold, il becomes mere question Of Of.
fee, aud they have their remedy. lfthcy
file their bills Of quo wnrranto, and GUST
you from Office, then, aud not till then, you
will be released from obligation. But while
you hold these Offices, you have no discre-
tion but to proceed in the discharge Of the
duties of Your official stations.
But, you may inquire, il the Superinten-
dent is thrown out Of Office, can we proceed?
answer that this question cannot be final
~ disposed Of, adversely, before the first Of
January next. Then the superintendent
will have received all your annual reports,
and will have made bis last report ior tho
year. Then, and not till then, you viii
find inc facilitating it's final decision, that
the people 81 the State may have an op-
portunity, If decided adversely, to reverse
in my case, should they think proper, their
former vote. For one, Ihave no desire for
the honors and distinctions even Of the first
office in the gift Of the people Of soser-
eign state, unless freely conferred by ma
jority, on the present alton Of this difficult
~, woid have declined farther action, il
] could have done 90 without tying tho
I'm nds ri all tho ether office, .,r tl,o School