The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-11-12
Tbc Ali0olrburp Register.
TUESDAY, NOVEMBER II, 1850.
Teachers Licenses.

We make the following extract from
the able Report Of the State Supern>
iendent, Tor 1850, with the impression
that the information il contains, is not
only valuable and important, but is other
wise little likely TO become generally
known. The cntaitof evil arising from
neglect to procure certificates, is clearly
traced from its source into its various
results. To eur town Superintendent
We would commend a rigid exacton oc
the letter Of the law, both for the sake of
their own convenience and consciences.
1t is too conspicuously true, that the
sparcity Of teachers, occasioned Ivy the
immediate carrying into effect of the
present, 1--WE had almost said late)
School laws, no longer exists. This
bug-bear Of examination has been vault
ed, or found to be no barrier after all.
Whatever be the name, character or
standing of the applicant for a cerlih,
cate, thorough investigation Of his clam
as h teacher, is obviously demanded Of
every faithful Superintendent.
The too numerous instances, in which
it is believed teachers disregard that re-.
quirement Of law, which makes it the
duty Of every instructor OF a district
school TO obtain certificate Of his quail
iiicatlons, before he opens such school,
may render some remarks upon this sub
Iect appropriate AT the present time The
Superintendent does not presume to say
that this practice is by any means com,
mon, nor that the instances of such yio-
lation OF the law are Uety numerous.
But still he is apprized that some such
cases, at least, do occur. The Supern.
dent does not intend 10 make any re,
marks upon the moral character and len.
denotes of this violation of law, but it
seems proper that all the parties con-
ccrned IN the Transaction, should undcr>
stand, al least, its hgdt consequences,
and their own legal liabilities.
In such cases, the teacher of course
is aware that he forieits his claim to his
stipulated wages. But trusting to the
assurance Of the prudential committee,
that the want of certificate shall make
no difference; or relying as he terms it
upon their good faith. that is, the
faith that they, too, as well as he, will
violate the law Of the land, he NAV
deem II safe 10 run his risk. And the
result is not improbable, that the illegal
contract will be fulfilled. 1t is, of
course, understood by the district, that
no tax could be enforced for the pay.
ment of such a teachers wages. But
probably there is a sufficient amount of
public money under the control of the
committee, to meet the case and hence,
no difficulty may arise, because there is
no tax TO be resisted.
Bu, :. his leg ,'lv the end Of IIe mat
ter? 1t is belle,c, not. As has already
been intimaied, Tie pruoe. tial comh'!>
tee violate law, in paying the ieacr,er I'M
der these circumstances. The law ex>
pressly provides that the teachers certif,
licaIe shall be recorded. before any pay
ment is made TO him for his services.
And can any one doubt, that the cons
mittee have made themselves liable to
the district, for msapplcalon of their
funds for paying out their money in
an illegal manner, or for illegal pur>
poses A simple statement of the ques-
ton would seem sufficient TO ensure an
affirmative answer.
But it is highly probable that the dis,
trlct will be Indifferent to the matter, in
asmuch as no tax was raised upon them,
and their share of the public school mon
ey would have been forfeited, if no school
had been taught. The presumption then
is, that the committee will, thus far, es-
cape unframed
And is not all danger past now ? 1t
is believed not. The Select men of the
town, before distributing a share of the
public school moneys to a given district,
must ascertain, among other things, that
the moneys drawn from the town treas
ury tie year previous, were faithfully
expended for the support Of schools, in
paying teachers wages, &c. But this
teacher was not teacher in the eye Of
the law. For il is for the distinct pur-
pose of enabling the Select men To as
certain. who among those that have been
engaged in the schools of the town, are
such as the law can recognize as teach
ers,-lhat the certificate of qualification
is required To be recorded. Nor was
the scdoO! IN the case contemplated, such
4 school as the law can recognize. The
Statute points out. distinctly aud pre-,
clsely, what is required to constitute
public district school aud any failure of
districts to comply with It's imperative
demands. must forfeit the claim To share
III those benefits, To which legal schouls
are entitled. And if the Select men
should refuse, as they clearly might do,
To distribute to Them their supposed
share, no law could come To their aid, to
enforce their assumed claim.
But suppose the Select men, who com
pose part of the civil authority of the
town, are generous, and disposed 10 over
look the irregularliy,-o in other words
ar disposed to violate The Wand will
distribute to the district, the sum to
which, nnder other circumstances, they
would have been entitled. Is not the
coast clear, and the danger over, mar
1t is believed not There is yet one
more difficulty for the Select men to en-
counIer-a rock which it would be well
for them to avoid. If they had made
the distribution to the district, when the