The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-04-11
The Public Schools and the Elective
Franchise.


Franchise.
The attack Of Governor Holiday upon the
Public Free Schools, in his message vetoing
the Barbour bill, gave great encouragement
to the enemies Of the Schools and the prin-
ciple upon which they are organized, and
developed an enimity to them among those
who had been regarded as friends. A cor.
respondent Of the Dispatch, about the time
the message had been generally read, famed
In the columns of that paper this motto, to
he pasted upon the door of every public
school-house:
"THIs SCHooL-HousE IS CLOSED UNTIL.
y VIRGINIA CAN PAY HER DEBTS.''
This sentence was quoted in a number OF
papers approyingly. and mouthed upon the
street corners as embodying the true policy
Of the State. Some declared that the entire
system was pernicious and agrarian, and
should b. wiped out of existence. Others
favored an Increase Of the poll-tax and re-
linquishment of the tax on property for
their support, while others urged that the
Legislature had undertaken the establish
ment Of the Public Schools five years before
they should have been established, and that
they now should be closed for five years, in
order to pay over the funds dedicated to
their support to the creditors Of the State.
These were but different forms to express a
deep underlying enmity to the system.
The adoption Of the Constitutional amend
ment requiring the prepayment Of the poll
tax IS . prerequisite to the exercise of the
elective franchise, was but preliminary
step to concarted assault upon the schools.
With the enforcement Of that provision of
the amended Constitution, the numerical
support Of the system would be weakened,
because it applied practically to the poor
man Who was neither able to educate his
children nor pay his poll-tax.
In view Of this unexpected and rather for
midable development of opposition to the
Free School system, 1t is well enough TO call
attention to few safeguards, which proba-
bly, the Governor, and those who sympathise
with his extraordinary position on this sub
ject, have overlooked. 1t is not so easy a
matter as they may imagine to 'close the
doors Of the public school houses, and wipe
out Of existence the public schools, at least
until the stock-jobbers are satisfied. Not
only will 1t be found that the schools are
hedged around by safeguards that not even
the State can assault, but that the elective
franchise is guaranteed by enactments which
defy the ingenuity Of political duplicity and
trickery.
Let US examine these two questions for
the information not only of the Governor,
but all who sympathize with his ungracious
and ungrateful attack upon the public
schools.
On the Goth OF January, 1870, an act Of
Congress was approved by the President to
admit the State of Virginia TO representa-
tlon Ia the Congress of the United States,
on certain conditions
"Fi1st, That the Constitution OF Virginia
shall Merer be so amended or changed as to
deprive any citizen, or class of citizens, of
shs United States of the right to vote who
ARE entitled to vote by the Constitution here
Ia recognized, except as punishment for
such crimes as are now felonies at common
law, !" &c.
'sThird, That the Constitution of Virginia
shall never be SO amended or changed as to
deprive any citizen, or class of citizens, of
the United States of the school rights and
prisilsges secured by the Constitution of said
State''
THIS law OF Congress was enacted with d.
rect reference to the Constitution of Viz
ginia, as adopted in 1869, and the full CON-
plianee with the provisions of which was
IN essential precedent to the admission Of
the State to representation in Congress.
It is solemn contract" between the ma
tional and State authorities, and as Governor
Holiday is sensitive as to the honor of soon
tracts" 1t is hardly to be supposed that he
would violate one of such dignity. Until
Congress repeats this law the Public Free
Schools Of Virginia must stand. Nor can the
freedom Of the ballot be legally abridged until
this law Is amended, or the 18th amendment
to the national Constitution repealed, which
provides that sail persons born or natural
lied In the United States, and subject to the
jurisdiction thereof, are citizens of the United
States and Of the State wherein they reside"
and that mo State shall make or enforce
any law which shall abridge the privileges or
immunities of citizens of the United States"
These mandates of the national law and
Constitution are ample protection both to
the schools and the ballot, and the State has
no power to invalidate either SO long as they
remain In force.
Not only are the schools, and the ballot,
rs one Of the surest defenses of the schools,
protected by the national law, but the State
Constitution confronts the objection Of those
who contend that the system was put into
operation In advance OF the time demanded
BY the fundamental law. The 9Th article
and LIST section provides that the general
Assembly shall elect in joint ballot, within
thirty days after It's organization under the
and every fourth year there
after, superintendent of public instruc-
tion.''
Sec. 8 provides that ''The General Assem-
bly, shall provide by law, at its first session
under this Constitution, uniform system
Of public free schools, and for its gradual.
equal, and full introduction into aUth coun-
hes % the State by the year eighteen hum
lred and seventy six, or as much earlier as
Sec. provides that ''The General Assem-
bly, shall set apart, as permanent and per-
petual literary fund, the present literary
funds Of the State, the proceeds of all public
lands donated by Congress for public school
purposes, of all escheated property, of all
waste and unappropriated lands, of all prop
srty accruing to the State by forfeitures,
md all fines Tor offences committed against
he State, and such other revenues as the
General Assembly may appropriate"
Sec. 8 provides that ''The General Assem-
~ shall apply the annual interest on the
tterary fund, the capitation tax provided by
he Constitution for nuhI IL frae sohool INV |