The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1847-09-02
CIRCULAR
TO THE COMMON SCHOOL OFFICERS oE THE
STATE OF IOWA.
Tn,ox. ~. A.....~s pG.L tAl@

TO THE COMMON SCHOOL OFFICERS OE THE
STATE OF IOWA.
Iora City, August 18th, lSi7
GESTLEMEN:-ln consequence Of an i'm.
preston, which, unfortunately has become
too common, that the school law is 'nul
llty," it may be proper for me 10 remind
you Of your duty. And in doing this, i, is
not necessary for me to enter into an urgu
ment in reference TO the consttulionali,y
Of the publication Vi the school law. This
will be done when the question comes prop
crly before the court for adjudication
Then, it is hoped, the question will receive
thorough examination, and an impartial
decision. But in the mean time, we nigh,
with propricty inquire, how did you become
officers? The answer is, BY the authorit,
OF the people; you have not in,ruded into
Office. You have been legally elected: for
your election was held under the gener-
al election laws Of the Territory. There
is no question as TO its legality. The school
law is in itself constitutional. /. mus, have
bcen considered SO by tho Governor, BY
whom it was cynmncd and approved pre-
vious 10 It's publication. And none can
pretend that there was substantial com
pliance with the very spirit and design Of
the Constitution in It's publication by the
Secretary, in his official capacity, as n
sworn officer OF State. But the validity oil
your election depends on the constitution
alty Of the publication Of the law creating
many Of the offices, before your election to
Office. The law was published in newspa-
Pers, and the DIRECTORS say, though the
Constitution does not, that it ought ~ have
been published in pamphlet. Then il is
not pretended but that the law is constitu-
tional, and your election is legal; nor that
the people were called Oh 10 comply with
the requirements Of this law, before they
knew what the law was. For we suppose
a law published and certified to by the Sec
rctury Of State, as 10 its correctness, in n
newspaper, could be as we'll understood, MS
II the same had been done in a pamphlet"
But this is the real question: is there sutli-
cient discrepancy in the wording of the
Constitution and the manner Of the first
publication Of the law, 10 enable certain in
dividuals, who were deeply mortified at the
result Of the election for superintendent, to
thwart the design Of the legislature aud Of
the people, by securing decree from the
courts, ofinvulidity ofaction, on the part Of
the Secretary Of State, in the first publica.
ton Of this law, and thus Dust from office m
indiv idual--and one alonc--whom they
were unable 10 defeat before the people? !,
is nothing bu. question Of office between
the superintendent elect, aud lew indi-
viduals who opposed his election ito the
teeth," with lruiilcss fury and insane bit
terness, and TO assume The appearance Of a
question Of law, 10 cover, ii possible, The
malignant design. And it never would
have been permitted to effect your election,
could the grand design have been accom-
plshed in any other way. Neither is tina,
designed as reflection on the inferior OF
superior court. from whom premature de-
cision has been obtained, without q thor
ough examination and a legitimate defence
BY any one who desired different result.
And in this state oi the case, n question
Of duty presents itself Is it proper for US
To proceed in the dist barge of the duties Of
our respective Offices? This is question
ofgrcat moment 10 the honest man, entrust-
cd with the execution OF law. Bat il is
preceded by the question, can we do 50
without endangcring the interests of tho
State? Reason aud common sense answer,
yes.
An individual in the possession Of IN Of
fec, and in the discharge Of its dulles, is
supposed to be legally entitled 10 such Of.
flee, and under imperious obligations to
proceed in the discharge Vi its duties until
the opposite is shown To be true. Aud to
say that his nets, as such, would DO invalid,
would be to ovcr.urn civil society. II the
inyalidty Of an election would affect the
validity Of tho acts Of an officer whilst in
tho discharge Of the duties Of an Office, with
what safety could you 90 into court with q
question Of lawe lf the clerk, the prose-
cutting attorney or the Judge on the bench,
should be shown TO be illegally elected, nc
cording 10 such a version, il would annih-
late the court with oil its former proceed
ings. Before you could proceed safely,
you would be compelled 10 60 back to the
po'i-book. examine tho credentials Of the
officers Of elections, the manner Of their
appointment, their records, their returns,
the date d oil their proceedings; tho validi-
~ Of the law under which they acted; the
constitutionalty Of these laws, and the
time and manner Of their publication--wuh
the constitutionalty Of the election Of leg
islators by whom they were cnncicd-ihe
constitutionaIity the law authorizing their
election; ind where would the inquiry endi
The same course would have 10 DO follow
ed in reference TO every officer with whom
we have 10 transact business. Who knows
that the Governor Of your State was legal-
" elected and installed into Office! Before