The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1856-04-02
State superintendent of Common
chools.-Action of tho Council
of Censors.

The lato Council of CenSors very just
II gave attention to the refusal of the
House of Representatives. for years past,
to meet the Senate for an election of
State Superintendent of Schools. The |
following report of Mr.. SLApE on the
subject was approved by the Council, as
it should be BY every freeman of the
State
To The CoaneHof CeasorS nor in session:
The Committee, to whom was referred the
resolution of Mr.. SLADE, instituting the enquiry
whether the neglect of the Legislature 'to G.
lcct Superintendent of Common Schools is not
violation of the statute law in such case made
and provided" having had said subject under
consideration, beg leave TO report
The Statute law makes it the imperative duty
Of the Legislature to elect, annually, n State
Superintendent of Common Schools. 1t first
provides for the existence of the Office and then
declares that the officer shall be annually ap-
pointed by the joint Assembly," This is part
Of the law that provides for the existence Of the
present system of Common School Education in
our State The law provides for the election of
other officers by towns and School Districts, such
us Town superintendent, District Committees
and Town Trustees, &C. pc du les embraced
i'll these several appointments are distinct and
clearly defined. These duties the Legislature
expect those concerned, will iUiiH and taittGtiiV
discharge, and for neglect they are rendered
liable to be dealt with according to law
If the Legislature demand, at the hands Of
those entrusted with these duties, strict COM
rancc with the terms Of the law, setting them
forth and visiting those who violate its provi-
sions with the rgor Of law have not the pco-
pie right to demand, ami expert, that the Leg
stature shall fulfil, on their part, the provisions
Of Il law they have made making certain dcfn-
cd duties imperative upon them to discharge
Tho i0r-m0kiHg p3irCr should not assume
the liberty of becoming the l0ir-Jrcakinp p0lr-
err. If Statute law is binding upon individual
citizens, and should govern in the ordinary bus
mess transactions Of life, it is cguGHy biading
upon the body who enacted it, Ii the body that
makes laws for its own government, with impIl-
nifty proceed to brc0t those laws, or refuse TO
comply with their requirements while they re-
main III force, (Which to say the least is Il tlag-
rant violation Of their spirit if not their letter.
and the people justify such a course, nh ia,rs
may, upon the same ground, be violated and
broken NtQkratd in the instance, it
should be in all. With equal propriety may
the ErccHiiuc of the State neglect to obey the
law setting forth his duties, or the Jodiciary
neglect to discharge the functions Of their of
fee, or SH5Drd,aats eHccrS refuse to obey the
law, as for the Legislature to utterly refuse to
comply with requirement Of the Statute in
0ay c0So, where its execution is demanded at
their hands This utter neglect Of the Lcgisll-
ture To carry out the provisions Of this Statute,
may be cited by others as precedent justifyng
any neglect to obey any Statute law. Indeed
in some instances, towns have refused to elect
Town Superintendent, and have urged in iusti-
fcaton of their course in thus violating the law,
the precedent, that the Legislature had not on
tllcir part complied with the law, in the election
of Il State Superintendent. The inevitable ten
dency Of such course Of policy will be, if not
checked, TO lay broad the ground upon which
,'l.oIr laws shall be UTTERLY dtSrcgardcd, and
the authority with which tho executors of law
are inv Gstcd be not only also diSrcga,d d, but
set atd,funcc.
1t cannot be expected that II stream will rise
higher than the fountain. Neither can we cx-
poet the people will take higher ground in the
observance of laws, than those who |raAlcd and
passed MCm.
II the Legislature, possessing the power of
making laws proceed in THEN legislative ca
pacity to set the example to the poop of yiola
ting law they should cease making pcna. enact
mcnts. They should not visit with punishment,
or provide for its infection upon the gnoran,
man, who violates law, when they themselves,
cmbodying according to the Constitution, the
g tciSlom II the .Saic," proceed annually with
dclibcration, to violate one of the painest proyi
sons upon the Statute book for them to observe.
In the Constitution it is set forth that - Laws
for the encouragement of virtue and prevention
Of vice, ought to be constantly kept in force and
dalyCretHt,d." This is right impclatiycly
demanded, and justly conceded. 1t is upon
this principle and expressed right, that our
Statute abounds with laws for the prevention Of
vice, and as necessary result the encourage
ment Of virtue.
1t is Il conceded axiom that community
property eHijghfcdci is a rirtHoRS commOah,
while the reverse has ever shown ignorance and
crime to be twin sisters.
There are various methods adopted to impar
Intelligence to the human mind. Various sys-
tens Of education are followed, all aiming in
their course Of operation and results, to secure
the highest cultivation Of the intellect. But the
one that comes most direct and nearest to the
MASS Of the people among us, is that embraced
in our system Of Common School Education.
Its importance is deemed SO manifest and high
ly essential to the welfare Of the State, as well
as individuals, that laws are made for its en-
enlargement and government. 1t is the
proper administration of well defined law, regu-
lating the details Of this system, that enables it
to stand forth blessing to community in the
! importation Of knowledge to all who will avail
themselves Of its bcnefcent provisions. Our
Common School law stands upon the Statute
!
their Representatives.
With much accuracy and detail, it marks out
a definite and explicit course Of action for the
Legislature to pursue. 1t also demands of the
towns in conformity with its provisions, the e.
lection Of Town Superintendents. 1t extend,
its mandatory power to districts and to indiyil-
uals acting under the authority and instruction,
Of districts, and in some instances imposes d
penalty for the performance of duties re-
quired by the law. All this is just, and with
Quit the system would be powerless. The sys-
tenn is 50 constructed that deprived Of the prac-
tical operation Of one part, the whole suffers tC
greater or lesser extent.
District Committees are deemed necessary It
carry on the affairs Of district, Town SuperiIl-
tendents to carry on the workings Of the system
in connection with District Committees, and 4
STATE SUPERINTENDENT to carry on in his APP
propriate sphere, the operations Of the system o
which he stands, by law, the acknowledged head
While thus the system was rendered in tn,
estimation Of the Legislature that framed til,
law, perfect in its parts, and as a whole, sub
sequent Legislatures have in violation Of an ex-
press provision contained in the law, refused t,
elect State Superintendent, the LgaHy con-
9fRted hcad ~ tie sBStcm With equal pro
ul'iety and LEGALITY NAV towns in omen violation