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recognizes no distinction between wrong-doers, and in none of the statutes is there any clause favoring or excepting parents; consequently, if they disturb or disquiet a school, they are not excusable, but are subject to the same penalties as others. It is the policy of the States generally to encourage education, and all wellconducted schools are, in a certain sense, regarded as the wards of the State in which they are. Hence it will not allow any of them to be disturbed, disquieted, or interrupted with impunity-evening-schools no more than day-schools. Even a private school kept in a district school-house for instruction in the art of writing will be protected, or at least those who disturb it willfully will be punished. (The State v. Leighton, 35 Maine, 185.)

SEC. 5. Character on trial.-When a teacher is put on trial for assault and battery, he should not omit to prove his good character. Every man who lives long enough to acquire a good character is entitled to the benefit of it when in peril. It has been usual to treat the good. character of the party accused as evidence to be taken into consideration only in doubtful cases. Juries have generally been told that, where the facts proved are such as to satisfy their minds of the guilt of the party, character, however excellent, is no subject for their consideration; but that, when they entertain any doubt as to the guilt of the party, they may properly turn their attention to the good character which he has received. (Bennet v. State, Humph. 118.) It is, however, submitted with deference, that the good character of the party

accused, satisfactorily established by competent witnesses, is an ingredient which ought always to be submitted to the consideration of the jury, together with the other facts and circumstances of the case. The nature of the charge, and the evidence by which it is supported, will often render such ingredients of little or no avail; but the more correct course seems to be, not in any case to withdraw it from consideration, but to leave the jury to form their conclusion upon the whole of the evidence, whether an individual, whose character was previously unblemished, has or has not committed the particular crime for which he is called upon to answer. (2 Rus. on Cr. 8th Am. ed. 785; Rex v. Stanard, 7 C. & P. 673; 32 Eng. Com. Law R. 681; see also 1 Cox R. 424; 2 Mass. R. 317; 9 Barb. 609; 14 Missouri, 502; 10 B. Monroe's R. 225; 8 Smedes & Mars. R. 401; 3 Strobh. R. 517; 1 Wheeler's Cr. Ca. 64; 1 City Hall Rec. 11, 82; Rosco's Cr. Ev. 97; 1 Taylor on Ev. 258; 5 Cush. 295; Archbold's Cr. P. & P. 400; 2 Stark. Ev. 365; 2 Halsted's Law of Ev. 150; and 1 Greenlf. Ev. 54, 55.)

CHAPTER IX.

THE LAW AS TO THE TEACHER'S MORALITY.

SEC. 1. There are many sciences which in this age of enlightened progress are useful, but only one of them is by law made indispensable. This one science those who have the training of youth should not only understand, but they may lawfully be required to feel it, live it, and teach it. We allude, of course, to "the science of duty," which comprehends every thing that is refined, chaste, and tender in the human character, and the principles of which prescribe what ought to take place in human conduct and actions. In legal phraseology, this may be called the science of natural jurisprudence. It treats of the relations, rights, and duties which are attached to individuals and to universal society by the law of nature, which is the supreme law of the universe, controlling alike nations and individuals. It comprehends the whole law of morality, and the whole theory of good conduct. It is imperative and universal, and around it are grouped all the motives and maxims for human action. It is the law of conscience, the law of manhood, the law of life; and the violation of it is in

decency, vice, degradation, death. It is eternal and immutable: men may violate, but they can not alter or repeal it. It is not what is called positive law, but it is none the less imperative. Positive law is enacted by men and written in books; whereas the law of nature emanates from the Creator of men, and is preserved in their hearts and consciences. What the written law merely permits, the law of nature often commands. The former, for example, permits us to be grateful and generous, but the latter commands us to be so. We must not, therefore, expect to find in books a full enumeration of all the duties imposed upon us by law. It has been contended that what the law does not prohibit it can not punish, or, rather, what is not prohibited by law can not be made cause for punishment. When we give to law its most comprehensive meaning, the position contended for is, doubtless, true. If we do not eat, we violate the law of nature, and are punished with the pangs of hunger. If we do not obey the law of self-defense, which is the first law of nature, we are punished with death. These punishments are even more certain than if they were inflicted by men. The lawyer may quibble over the words of the statute, and tell us what is not there prohibited may be done with impunity; but the conscience as well as the judgment of every good man tells him that there is other law more imperative even than the statutory, and that whatever the omissions of the latter may be, there is for every wrong a punishment, and for every vice a penalty. Having said this much

in reference to the law in general, we will now give our attention exclusively to the written law, and give such citations thereto, and extracts therefrom, as may be necessary for a full exposition of the positive law on the subject now under consideration. For the sake of brevity, however, and because we are writing for Americans, we will cite only American law as it now exists in the several States.

SEC. 2. RHODE ISLAND.-The diffusion of virtue as well as knowledge among the people is essential to the preservation of their rights and liberties. (Const. of R. I. art. 12, sec. 1.) The school committee shall not sign any certificate of qualification unless the person named in the same shall produce evidence of good moral character. (Rev. Stat. of R. I. tit. 13, ch. 67, sec. 3.) Every teacher shall aim to implant and cultivate in the minds of all children committed to his care the principles of morality and virtue. (Id. sec. 6.) In making the examinations, the committee should inquire, first, as to moral character. On this point they should be entirely satisfied before proceeding further. Some opinion can be formed from the general deportment and language of the applicant; but the safest course will be, with regard to those who are strangers to the committee, to insist on the written testimony of persons of the highest respectability in the towns and neighborhoods where they have resided; and especially to require the certificate of the school committee and parents where they have taught before, as to the character they have sus

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