the establishment of common schools by law, and under the wise and liberat policy of the legislature, these ends have been so far accomplished as to war rant full faith in their final complete attainment."

On the 12th of March, 1817, Mr. HAWLEY transmitted to the Legislature his fourth annual report, in which he states that "the returns which have been made to him during the last year, from most of the counties of the State, afford satisfactory evidence of a progressive increase in the number of common schools, and a corresponding improvement in their condition. It is ascertained with sufficient certainty, that there are within the State, exclusive of the city and county of New York, at least five thousand common schools, which have been organized and kept up under the act for their establishment; and that the number of children annually taught in them exceeds two hundred thousand."

In his fifth annual report, under date of March 16, 1818, the Superintendent informs the Legislature, that from the returns made to him during the preceding year, it appeared that there were more than five thousand common schools, in which were annually taught upwards of two hundred thousand children, the returns not being sufficiently full and definite to enable him to speak with more precision. "On comparing the returns of common schools, however for different years, it appeared that in almost every district a greater proportion of the children between the ages of five and fifteen years, have been taught, and a regular school supported for a longer time in every succeeding year, than in the preceeding one. To this result, so favorable to the establishment of common schools by law, it may be added—and it has not escaped the most transient observer-that under the operation of this system, better teachers have been employed, a new and more respectable charaeter given to our common schools, and a much greater interest excited in their behalf."

"It is now more than five years," continues the Superintendent, "since common schools were established by law. The first act of the legislature was passed in 1812. Soon after this act was carried into operation, it was discovered to be defective in many of its provisions. To supply this defect, and to add some provisions which were deemed necessary, a new act was passed in 1814. This act was also found on trial to be imperfect, and in the following year it underwent sundry amendments. Since that time, the system founded on the act of 1814 and the amendments of 1815, has remained unaltered; nor has a practice of three years under it discovered any very great defects. It was not, however, to be expected, even after the amendments of 1815, that the system would be found complete and perfect in all its details; on the contrary, it was to be expected of this as of every other new and untried system, that time would develope many imperfections which had not been foreseen." The Superintendent proceeds to suggest several particulars of the system which, in his judgment, required amendment, and adds, "although when a system is once established it is not advisable to subject it to frequent revision and amendment, without urgent cause-yet as the system of common schools might be improved in these and other respects not adverted to, and it will be necessary, at least, to consolidate the different acts on the subject, the propriety of revising the whole system and amending it in some of its subordinate parts, is respectfully submitted." The residue of the report is devoted to a consideration of the Lancasterian system of education, the introduction of which into the common schools had been strongly recommended by the governor, (De Witt Clinton,) in his speech at the opening of the session. The peculiar excellencies of this system were clearly and distinctly pointed out by the Superintendent, and its adoption, especially in all the larger schools in cities and villages, urgently and ably enforced. Under the impetus thus given, Lancasterian schools were established in many portions of the State, and societies incorporated, some of which are still in existence, having for their object the introduction and promotion of the system of Bell and Lancaster, then at its zenith of popularity. Experience, however, failed to realize the sanguine anticipations of those friends of education who saw in the general adoption of this system the commencement of a new and brighter era in the science of elementary instruction; and after an ephemeral and sickly existence, these institutions, from which such favorable results were expected, languished, and with few excep

tions, disappeared. Whether the failure of this experiment resulted from inherent defects in the monitorial system of instruction, from its want of adaptation to the peculiar genius of our people, or from an inability on the part of those to whom its administration was committed, to carry into ef fect the plan of its founders and the views of its advocates, is still an unsettled question.

On the 17th of February, 1819, the Superintendent transmitted to the Legislature his sixth annual report. From the returns which had been made to him during the preceding year, it appeared that the whole number of common schools in this State, organized and permanently established under the act of the Legislature, may be estimated at nearly six thousand; and the number of children annually taught in them, in the various branches of elementary education, at nearly two hundred and fifty thousand. "This great increase and prosperity of our common schools," continues the Superintendent, "is evidently the result of the wise and liberal policy adopted by the legislature for their encouragement and support. On comparing the returns of schools made for different years since their first establishment by law, it appears that they have increased in a much greater ratio than the increase of population, and that their condition, which was before stationary, has, under the salutary operation of the law for their establishment, been rapidly and substantially improved.

"The same data also afford evidence that common schools have risen in public estimation, and received a degree of care and attention to their concerns, corresponding with their increase and prosperity. If these results were the only evidence of a beneficial operation in the system of common schools provided by law, they would be sufficient to establish the public confidence in the policy of that system, and to secure it a permanent duration. But it is well known, although it does not appear from any data in the returns, that the system has produced other results not less in magnitude or merit. It has secured our schools against the admission of unqualified teachers, by requiring them to submit to examination before a public board of inspectors, and to obtain from them a certificate of approbation, before they can legally be employed. It has imparted to common schools a new and more respectable character, by making them a subject of legal notice, and investing them with powers to regulate their own concerns. It has corrected many evils in the discipline and government of schools, not only by excluding unqualified teachers but by subjecting the schools and course of studies in them to the frequent inspection of public officers. It has founded schools in places where, by conflicting interests or want of concert in the inhabitants, none had been before established; and it has, by its pecuniary aid, enabled many indigent children to receive the benefits of education which would not otherwise have been within their reach. The system having already fulfilled so many of the beneficial ends of its institution, and it being now only six years since it was first organized and carried into operation, it is warrantable to infer that all the expectations of its founders will in due time be realized.

The Superintendent renews his recommeudation for a revision and consolidation of the several enactments relating to common schools. His suggestions in this respect were adopted by the legislature, and on the 19th of April following, the Act for the support of Common Schools" was re-enacted, with the various amendments which had from time to time been made, and such as were suggested by Mr. Hawley in his reports for the two preceding years. The publication of the revised act was accompanied by an able exposition of its various provisions, from the pen of Mr. Hawley, and with complete forms for the several proceedings required under it by the several officers connected with its administration.

On the 21st of February, 1820, Mr. Hawley transmitted to the legislature his seventh annual report. He states "that the returns of common schools for the last year are much more full and satisfactory than any before received;" that from these returns it appeared that in 515 towns there were

5,763 common schools, organized according to law, and that in 5,118 of these schools, from which only particular district returns had been receiv ed, there had been taught during the year, in the various branches of elementary education, 271,877 children. The number of children between the ages of five and fifteen years, residing in the districts from which returns had been received, was 302,703, making the number of children taught equal to nine-tenths of the whole number between the ages of five and fif

teen,

On the 21st of February, 1821, Mr. Hawley transmitted to the Legisla ture his eighth and last annual report as Superintendent; from which it appeared that in 545 towns from which returns had been received, there were 6,323 school districts organized according to law, from 5,489 of which particular district reports had been made, showing that of 317,633 children between the ages of five and fifteen years, residing in those districts, 304,549 had been under instruction during portions of the year in the common schools. "The proportion," observes the Superintendent, "which, from the present returns, the number of children taught bears to the number between the ages of five and fifteen years is much greater than at any former period. In about one half of the towns in the state, the number taught exceeds the number between the ages of five and fifteen years; and taking the whole state together, the number taught is more than nineteen-twentieths of the number between these ages.

"The average length of time for which schools have been kept for the last year, has also increased in about the same ratio as the number of children taught. There is now, therefore, reason to believe that the number of children in the state who do not attend any school, and who are not otherwise in the way of receiving a common education, is very small. The public bounty is sufficient to defray the expense of most schools for about three months in the year; and where that is expended in different parts of the year, so as not to defray the whole expense of the school for any particular part, it is understood that in most districts poor children have been permitted to attend the district school free of expense, under that provision in the school act which empowers districts to exonerate those children from the payment of teachers' wages. The readiness with which such permission has been generally granted, wherever it has been deserved, is very creditable to the public spirit and liberality of the inhabitants of school districts, and it is considered proper on this occasion, to bring the fact to the notice of the legislature. From these circumstances, in connection with the friendly disposition every where manifested in the cause of education, it is considered warrantable to infer, that of the rising generation in this state, very few individuals will arrive to maturity without the enjoyment and protection of a common education."

To no individual in the state, are the friends of common school education more deeply indebted for the impetus given to the cause of elementary instruction in its infancy, than to GIDEON HAWLEY. At a period when every thing depended upon organization; upon supervision; upon practical acquaintance with the most minute details; and upon a patient, persevering, laborious process of exposition, Mr. Hawley united in himself all the requisites for the efficient discharge of the high functions devolved upon him by the legislature. From a state of anarchy and confusion, and complete disorganization, within a period of less than eight years, arose a beautiful and stately fabric, based upon the most impregnable foundations, sustained by an enlightened public sentiment, fortified by the best and most enduring affections of the people, and cherished as the safeguard of the state -the true palladium of its greatness and prosperity. Within this brief period the number of school districts had more than doubled, and the proportion of children annually participating in the blessing of elementary instruction, increased from four-fifths to twenty-four twenty-fifths of the whole number residing in the state of a suitable age to attend the public schools. When we take into view the disadvantages under which every new and un

tried system must, of necessity, labor, before it can be commended to general adoption, and consider the immense variety of interests which were, to a greater or less extent, affected by the stringent provisions of the act of 1812, and its subsequent amendments, we cannot fail of being surprised at the magnitude of the results which developed themselves under the administration of Mr. Hawley. The foundations of a permanent and noble system of popular education were strongly and securely laid by him, and we are now witnessing the magnificent superstructure, which, in the progress of a quarter of a century, has been gradually upbuilt on these foundations. WELCOME ESLEECK, of the city of Albany, was named as his successor in office, but the legislature. saw fit to abolish the office as a separate department of the government, and to devolve its duties upon the secretary of state.

Administration of JOHN VAN NESS YATES, Secretary of State and Superintendent ex officio of common Schools, 1821 to 1826.

By the Constitution of 1821, the proceeds of all lands thereafter to be sold, belonging to the state, with the exception of such as might be reserved for public use or ceded to the United States, together with the existing school fund, were declared to constitute "a perpetual fund, the interest of which shall be invioably appropriated and applied to the support of common schools throughout this state."

In his speech at the opening of the legislature, at its session of 1822, the governor (De Witt Clinton) refers to the condition of the system of public intruction, in the following terms:

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"The excellent direction which has been given to the public bounty, in appropriations for common schools, academies and colleges, is very perceptible in the multiplication of our seminaries of education, in the increase of the number of students, and in the acquisition of able and skilful teachers. The Lancasterian or monitorial system is making its way in the community, by the force of its transcendant merits. Our common schools have flourished beyond all former example." * "I am happy to have it in my power to say that this state has always evineed a liberal spirit in the promotion of education; and I am persuaded that no considerations short of total inability will ever prevent similar demonstrations. The first duty of a state is to render its citizens virtuous, by intellectual instruction and moral discipline, by enlightening their minds, purifying their hearts, and teaching them their rights and their obligations. Those solid and enduring honors which arise from the cultivation of science, and the acquisition and diffusion of knowledge, will outlive the renown of the statesman and the glory of the warrior; and if any stimulus were wanting in a ease so worthy of all our attention and patronage, we may find it in the example before our eyes of the author of the Declaration of Independence, who has devoted the evening of his illustrious life to the establishment of an university in his native state."

In connection with this subject the governor also transmitted the proceedings of the legislatures of the several states, relative to the appropriation of a portion of the national domain to the purposes of education; by which it appeared that in eleven of the new states and territories, the general government had appropriated one thirty-sixth part of the public land for common schools, and one fifth part of that thirty-sixth part for colleges and academies; and while it was admitted that this disposition was in all respects proper and laudable, it was contended that the other members of the confederacy were entitled to a correspondent benefit out of the same common fund. "This claim," observes his Excellency, "appears to be sustained by the most conclusive reasoning; and it is believed to be impossible for congress to resist an application so just and beneficial. If, however, this measure were calculated to embarrass the financial arrangements of the national government, to make a serious inroad on the national domain, or to disparage the interests of the states which have already been benefitted, I should be entirely unwilling to press it. Whatever ratio of distribution may be adopted, the quantum of population, or the extent of territory of each state, the deduction from the landed estate of the empire, would be so

small as scarcely to be felt. In either case it would not exceed ten millions out of five hundred millions of acres owned by the United States. It is our duty to co-operate in obtaining justice for our sister states as well as for ourselves. If we were willing to waive the benefit which might be derived from the success of this application, it would furnish no just ground of hostility to the claim in general; and indeed in such case it would entirely correspond with the dictates of magnanimity, to advocate it with all our might and influence. This state, on the basis of appropriation originally adopted, would be entitled to 800,000 acres for our common schools, and 160,000 for our colleges and academies; which, with proper management, and in connection with existing funds, would answer all the requisitions of education."

By the annual report of the acting Superintendent of Common Schools (JOHN VAN NESS YATES, Esq., Secretary of State) it appears that the total number of school districts in the state was 6,865, from 5,882 of which reports in accordance with law had been received; that the total number of children between the ages of five and sixteen years residing in the several districts, was 380,000; and the total number of children of all ages taught in the common schools during the year reported, was 342,479; and that the average number of months during which the schools were kept open in the several districts was eight. Several amendments in the details of the system were suggested, most of which were adopted by the legislature; including, for the first time, the provision investing the Superintendent with appellate jurisdiction over all controversies arising under the school laws, and declaring his decision thereon final. In pursuance of a provision contained in this act, the act of 1819, with all the subsequent amendments, was republished by the Superintendent, accompanied by an exposition of its various provisions, and an abstract of the decisions which had been pronounced, during the period which had elapsed since the adoption of the ‍appellate system.

On the 3d of February, 1823, Mr. Yates transmitted to the legislature his second annual report as Superintendent of Common Schools; from which it appeared that returns had been received during the preceding year from all the counties in the State, fifty-two in number, comprising 649 towns and wards; that the whole number of school districts in the state exceeded 8,000; from 6,255 of which, only, reports in accordance with law had been received, in which the number of children between the ages of five and fifteen was about 357,000; that for the term of eight months during the year reported, 351,173 children were receiving a common school education in the several districts from which reports had been receivedbeing 18,194 more than were educated the preceding year. The Superintendent adds: "Even in Connecticut, which possesses a larger school fund than we do, and where the school system was established and in successful operation long before it was here introduced, the number of children educated in common schools is far less in proportion to its population than it is in this state." He complains of the "want of uniformity in the course of studies pursued, and the books and treatises now used in common schools. A great diversity of opinion has long existed and still continues to exist as to the proper books to be introduced into these schools; and teachers and parents are not unfrequently at a loss to select among the great variety of treatises on education recommended by their authors, the most suitable and best adapted for the use of the student. Whether this evil could be remedied by directing some judicious and appropriate work to be prepared in the nature of a Common School Instructor,' and to be recommended to the public under the immediate sanction and approbation of the legislature, is respectfully submitted."

The annual appropriation from the funds of the state, at this period, for the benefit of common schools, was fixed by the act of 1819, at $80,000.These funds consisted of the loan of 1792, then amounting to $500,000; of that of 1808, amounting to $449,000; of stock in the Merchant's Bank of