Councillor, whose knowledge and moral character would assure such a training and education as were justified by the boy’s capacity. “I know of no more sacred duty than the care and education of a child,” he observes. He would offer no objection to the mother’s having a “sort of joint-guardianship,” but its duties and privileges should be limited to her visiting him and learning what plans were making for his education; to permit more would be to compass the ruin of the boy.[26] [Sidenote: AN APPEAL TO A HIGHER COURT] This petition was filed on January 7, 1820; three days later the Appellate Court commanded the Magistracy to file a report of the proceedings had before it, together with all minutes and documents. The Magistracy complied on February 5, citing its decision of September 17, 1819, and defending its action on the grounds that (a) Beethoven, owing to his deafness and his hatred of the mother of the ward, was incapable of acting as guardian; (b) the guardianship belonged to the mother by right of law; (c) the commission of an act of infidelity against her husband in 1811, for which she had suffered punishment, was no longer a bar; (d) none of the alleged “injurious disturbances and interferences” had been definitely set forth or proven: If under injurious disturbances we are to understand that the mother is desirous to see her child once every 14 days or 4 weeks, or to convince herself about the wear and cleanliness of his clothing, or to learn of his conduct toward his teachers, these can appear injurious only in the eyes of the appellant; the rest of the world, however, would find it amiss in a mother if she made inquiry concerning her child only once a fortnight or month. Answering the second charge, the magistrates urged that the appellant seemed to ask of the mother and other guardian that they themselves educate the boy in the sciences. For this not even the appellant was fitted, at least he had not demonstrated such a fitness; he had left the preparation for the higher studies to others and this the mother and guardian could also do, having, indeed, a better plan, which was to send the boy to the R. I. Convict, where he would surely make better progress at smaller expense. _Ad tertium_, the failure of the boy to advance in his classes could not be laid to the mother or guardian, but must be charged against the appellant, who had taken the boy away from his studies for the university after two months, kept him at home three months, and sent him to another institution of learning at the end of June; naturally enough he lost a school year.