Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1877-07-17

duties and responsibilities. Wcio
my opinions not SO firmly fixed in
these regards, indeed if they were
decidedly to the contrary, | should
still feel constrained to recognize and
obey the will Of the people, which is
Enthusiastically and irrevocaby regis>
tered 10 favor of the free school sys-
tenn
Holding such views, | could not
entertain with approval any PROPOSE
ton to direct the funds that have
been specifically set apart for the
education Of the people, even though
such diversion were within the scope
of legislative authority, which / APP
prehend is not the case, The appro>
priation Of the capitation tax, and a
certain percentage of the revenues>of
the State, to the maintenance of th e
public schools, was the act of tn
sovereign people of Virginia, as de-
cldred in the fundamental law, and
no power inferior to that which or,
dained this provision can either re-
peal, suspend, or divert it. To the
wisdom Of che General Assembly, in
certain prescribed limits, was left the
time when the common school system
should be inaugurated : but that step
taken, no further discretion was left
to the legislative body, Then and
thereafter the applicable clause in
the organic law became mandatory
and conclusive, and no authority
within the State, other than the peo>
pie in convention assembled, can ex-
ercise any legal control of the mans
ner or amount of the appropriations
to be applied to the maintenance of
the educational branch Of the govern
ment. The constitution is explicit
beyond misunderstanding, in declar>
ing that the whole receipts from the
capitatiOn tax, and a certain fixed
proportion of revenues drawn from
other sources, shall be annually direct
ed to this sacred purpose. For the
Legislature to undertake: 20 lay hands
upon fund SO guarded, would be a
gross assumption of power, vio!a>
tiCn of the express terms of that in
strumcnt upon which the Legislature
depends for existence, ard an in,
lringement upon tie YES ed rights OF
the people, to which | could never
give assent The school system, as
now in operation, is beyond the reacl
Of any department Of government il
is ordained by the same power that
has erected the law, making, The law
constructing, or the law>eXecutinl
bodies. and in the facts that it must
be continued, that it's benefits shaI
be open to all. and that certain def
mite portions Of the annual resources
shall go 10 its support, it is absolute
~ above the control Of any, or al
combined, Of these creatures of The
constitution.
1t is hardly necessary 10 add tina
lndcr no conceivable circumstance
would | give cOuntcuance TO any mea
sure aimed at the integrity or scoop
of the system or that in no cas-
could | be party to steps that
have already characterized as illegal
rmpolitic, unjust, and subversive o
popular rights If in position t
determine such questions, would lie
the very wheels of government STAN
still before | would be the instrument
or the quiet observer, of so cruel
wrong to the children of the State
/ so manifest branch Of trust. so pal
pable disregard of the organic law
, and so gross violation of the will 9
the people, as the perversion of con
version of the public school fund
any other purpose than that for whic
it was created. 1t flows now in thu
channel which gives fertility to til
minds upon whose training rests tn
; future of the Commonwealth could
3 speak by authority. not one cent
it should ever 90 to use less sacred
l have thus hurriedly responded
your inquiries, but l hope with suii
cient distinctness, to make my view
understood.
l am. sir,
: Respectfully and truly yours,
WIN. MALONE.
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