THE DISTRICT SCHOOL JOURNAL

OF THE STATE OF NEW YORK.

Where seraph ranks are clad in radiance bright,
Standing beside the Light-Enoiroled Throne.
And it is but an angel, robed in white,]
Which sitteth at the "Eternal Gates" and waits
To open to the well-beloved of God
Those portals bright!

Albany Feb. 8, 1851.

FREE SCHOOLS.

In ASSEMBLY-THURSDAY, Feb. 6. Report of the Majority of the Committee on Colleges, Academies and Common Schools, on the petitions for the amendment and repeal of the Free School Law.

trained to a knowledge of its duties and requirements, and thus be qualified to receive and sustain the inestimable privileges for which they had perilled their lives and fortunes.

Experience had taught them that the foundations of despotism are built upon the ignorance and degradation of the masses; that to ensure freedom of action there must be freedom of thought; and, that liberty might not degenerate into licentiousness, it was necessary that the minds of the people should be early trained to the love of virtue and good order. With these truths impressed upon their minds, they felt it incumbent upon them to take some decisive action..

It would seem as if these heroic men had a prophetic vision of the greatness that would follow their feeble undertaking, for with a moral grandeur unsurpassed in any age, they set about the work of education, while their colony was yet in its infancy and their homes unprotected from the cruelty of the

Mr. T. H. BE NEDICT, from the majority of the Committee on Colleges, Academies and Common Schools, to which was referred the petitions for the repeal and amendment of the Free School Law, REPORTS:-That deeply impressed with the importance of the subject committed to their charge, they have given to it as full and impartial a considera- | savages. tion as circumstances would permit. They have been actuated in their deliberations solely by a desire to present some plan by which the educational system of the State might be established upon a basis sound and enduring;-knowing that a system that will not meet the views of a majority of the people of the State is liable to be altered and amended at each successive session of the Legislature; and this vacillating policy cannot but prove extremely prejudicial to the cause of education. In view of this, your Committee have endeavored to act in a spirit of justice to the 800,000 children of the State who are pleading, with the natural eloquence of youth, for their undoubted right | to taste some of the fruits of learning; and in justice, also, to the great body of tax-payers who are affected, or seemingly so, by conceding this right.

The large number of petitions that have been referred to your Committee, coming from different sections of the State, prove conclusively that there is existing among the people a deep feeling of discontent with the provisions of the present law. Many | of your petitioners demand its unconditioned repeal. Yet many of them, your Committee are happy to observe, while expressing a dissatisfaction with the law, simply ask that such modifications may be made therein as will make it more acceptable to the taxable portion of the community, and, in consequence, more efficient in its operation.

It will not be deemed inappropriate in this connection to give a succinct sketch of the origin and progress of the Common School system in this State; and as incidental thereto, its first establishment upon this continent.

It was wisely foreseen by that small band of men, who brought to this country, in 1620, the principles of civil and religious liberty, that to maintain and perpetuate those principles inviolate, it was indispensable that their children, who were to succeed them in the conduct of the government, should be

As early as 1635, in the city of Boston, a "schoolmaster was appointed for the teaching of the children among them," and a portion of the public lands given him for his support in 1642. The General Court of the Colony, by a public act, enjoined upon the municipal authorities the duty of seeing that every child within their jurisdiction should be educated; and the select men of every town were required "to have a vigilant eye over their neighbors, and see that they should endeavor to teach their children so much learning as might enable them perfectly to read the English language, and obtain a knowledge of the laws, upon penalty of 20 shillings for such neglect.

But they did not pause here. One thing yet was needed. The State claimed obedience from all its citizens, and, in return, guaranteed to them equal rights and privileges. It was therefore enjoined by law, in 1647, that education should be free to all; and in consequence, the support of the schools was made compulsory.

Here may be found the germs of the Common School System of this country. And thus early was established the principle that the property of the State should be taxed for the education of its citizens. It is idle to speculate upon the causes that induced these pioneers of republicanism to acquiesce so cheertully in the correctness and soundness of the docɩrine. It is sufficient for our purpose, to know that the justice and policy of the measure were never seriously questioned. It must be admitted that it bore heavily then as it does now upon certain classes of the people. But no murmur of discontent was raised against it. It is remarked by an intelligent observer, that “in most of the towns of New England, one-fifth of the inhabitants pay at least one-half the tax, and probably do not send more than one-sixth of the scholars." A school tax is, therefore, to a considerable extent, a tax upon the rich to educate the children of the poor;

and this tax is repaid in the greater security afforded to life and property by the increased growth of intelligence and virtue throughout the community.

The same principle of taxation for the benefit of education has been recognised and followed by the general government, for upon the adoption of the Federal compact, the most ample provision was made for the elementary instruction of all classes of the people. As new States began to be formed out of the public domain, one square mile in every township, or one thirty-sixth part of all the lands, has been reserved and devoted to the support of Common Schools.

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1849. To say that it had accomplished much good to the cause of education, and had realized the hopes of its originators and supporters, would be awarding it but a faint meed of approbation. It had surpassed the most sanguine expectations of its friends. Under its influence, as appears from reports furnished to the Superintendent of Common Schools for the year 1849, there had been organized 11,397 school districts, and the number of children that had received instruction during the year was 794,500, being an excess of 59,312 over the number between the ages of 5 and 16 years, and 16,191 over the whole number taught during the preceding year, while the schools had been kept open during an average period of eight months. Well might the philanthropist point with admiration to a system productive of such results, and the skeptic in the science of free government banish his doubts, in view of such universal diffusion of knowledge.

Notwithstanding these grand results, the system was not perfect. A fatal defect was inherent therein, which if foreseen had not been deemed of sufficient importance to excite attention. A large and gradually increasing number of children in the State, were without any kind of education whatever; and though the school house was open and teachers ready to impart instruction, they entered not to receive it. The cause was apparent; they were the children of poverty; and their parents, with the inborn pride of freedom, could not brook the favor of an exemption from the rate bill, though such exemption could be had. It would naturally be supposed that this cause could have but a limited operation in deterring children from the school, but facts prove otherwise. From reports made to the State Superintendent in 1846, the ́ startling discovery was made that over 46,000 chil

In our own State, as early as 1795, an act was passed by which the sum of $50,000 was appropriated annually, for five years, among the several towns of the State-and the towns were required to raise an equal amount for the support of Common Schools. In 1805, a permanent fund for the same purpose was established, by the passage of an act appropriating 500,000 acres of land, "to raise a fund for the encouragement of Common Schools." The SurveyorGeneral was authorised to sell the land, and the principal derived from such sale with the interest accruing thereon, was to be loaned, until the whole interest should amount to $50,000 annually-which interest was to be distributed among the Common Schools as the Legislature should direct. This fund has, by various legislative enactments, been increased, until now the capital of our Common School Fund is $2,290,000—which fund is being annually increased by the addition of $25,000 from the interest of the U. S. Deposit Fund. By an act of the Legislature in 1811, a commission was appointed to 66 report a system for the organization, regulation, and establishment" of Common Schools. This commission presented an elaborate report to the Legislature of 1812. Accordingly, a law was passed, which was,|dren were deprived of the advantages of education, substantially, the basis of our very useful and efficient system of Common Schools until the year 1849. Under this system, the proceeds of the Common School Fund of the State were apportioned among the different towns of the State, according to the population therein; and the supervisors of each county were directed annually to levy by tax upon each town a sum corresponding with the amount received from the State. These sums made the public moneys of the town, and were to be distributed among the several school districts of the town, in proportion to the number of children therein, between the ages of 5 and 16 years, as should appear from the last report of the trustees of the district. It was required that the schools should be kept open during four months of the year, and for so much longer time as the trustees should direct. Whatever sums were required for the payment of the teacher's wages, after deducting the public money of the district, were to be raised by a rate bill, from those sending children to the school, in proportion to the number of days such children were in attendance. Such were, substantially, the main features of our Common School system up to the year

either through the remissness of the trustees of school districts, in exempting them from the rate bill, or from the pride of the parents in refusing to claim such exemption.

A

It is immaterial to enquire if such pride was justifiable. It is sufficient to know that the evil existed, and it behooved the friends of education and the friends of free government to devise some speedy remedy. It was deemed necessary where suffrage was universal, that education should be free. system of free schools had already been established in many of the cities and large town of the State, where the evil had become wide-spread, and the time seemed auspicious for the extension of the system over the whole State.-Petitions to that effect were presented to the Legislature of 1849, and in accordance therewith an act was passed March 26th, 1849, establishing "Free Schools throughout the State." As this act would effect a radical change in the school system of the State, it was deemed proper by the Legislature to submit it to the people for their consideration. The act was sanctioned at the ensuing election by a majority of over 158,000 votes, but three counties in

the State, Chenango, Tompkins and Ostego, having cast a majority against it. To say that the deed was rashly done, that the people acted without due reflection, is a libel on the intelligence and virtue of the people—is a libèl on the great principle of free government. More than seven months had elapsed since the passage of the act, and its main feature--the free school principle—had been discussed in every quarter of the State; at county and town assemblages, in village gatherings, and at road-side inns. It had been the theme of conversation in the houses of the rich and in the homes of the poor. The learned had commended it in their ardent desire for the diffusion of knowledge, and the unlearned looked to its adoption for their children's release from the bondage of igno

rance.

against the act, did not proceed from an opposition to the free school principle, but was caused by the obnoxious and defective details of the act. This coniction is founded upon the representations made to your Committee by members of this House from various sections of the State, and who, coming directly s the representatives from the people, are, it is to be presumed, informed as to their views.

It has been urged, with much pertinacity, by some of your petitioners, that the city of New York had a preponderating influence upon the question; that her majority of more than 37,000 votes in favor of the act fastened the system upon the State; and that as she had an educational system of her own, separate and distinct from the State at large, she was not equitably entitled to vote upon the question. The plausibility of this objection is conceded; but, in the opinion of a majority of your communittee, its ground is wholly untenable. If it can be shown that the city of New York is separate in interest and policy, and is in no way dependent on or advantageous to the other sections of the State, then might some weight be attached to the objection. But such is not the case. New York is the heart of the State, receiving and giving back wealth to every portion thereof. Her greatness as the commercial emporium of the Union is reflected upon every part of the State. But for her agency the abundant harvests of the farmer might rot in his fields;-but for the industry and thrift of the farmer, the city might fall from its greatness.-The interests of both are homogenous. Whatever conduces to the prosperity and glory of the one, appertains in a proportionate degree to the other. If it is admitted, (and who in this State will deny the assertion ?) that a republican form of government is the best adapted to the happiness of the people, and most conducive to their prosperity, the question then recurs as to the best method to continue that government. It will be conceded by every one, that the perpetuity of free institutions is based upon the intelligence and virtue of the people; and the chief agency for diffusing these is the Common School The educated child, it is fair to assume, will become a useful citizen;-it is equally fair to assert, as a general rule, that the uneducated child will prove the reverse. Facts warrant the assertion.

The conviction is irresistibly forced upon the minds of your Committee that the principle of the " free school" bill was the main feature considered, and that it was sanctioned by the people upon mature deliberation. The practical operation of the act was a matter that could be tested only by time. A brief period sufficed to show that the act was defective in its details. In less than four months after its adoption, the Legislature was flooded by petitions for the repeal or amendment of the law. Action, early action was needed, for discord and confusion had crept into the school districts throughout the State, and animosities were being engendered among all classes of the people, and a serious injury was inflicted upon the cause of education. Yet its friends, though disheartened, did not despair.-The experiment of free education had been tried, and its partial failure was attributable to causes easily obviated. But the remedy was not applied. The people urged action upon 'their representatives, yet action was delayed, until, at the close of the session of 1850, it was resolved to submit the question again to the people, to decide either "for or against the repeal of the act." The wisdom and policy of this resolution it is not the province of your Committee to question. They may be pardoned, however, for expressing the opinion that it afforded the opponents of the free school system an opportunity to destroy the principle through the agency of the obnoxious details that accompanied it, while the advocates of the principle were obliged to oppose From the report of the inspectors of the State Prisons the act to remove those obnoxious details, or throw for the year 1850, it appears that of 664 males in the their influence in its favor, and trust to the wisdom Sing Sing prison 349 were under 20 years of age at and justice of a succeeding Legislature to adopt such the time of their conviction; 487 had never been taught amendments as would render it perfect. The latter a trade; 60 could not read, and 149 could read only, alternative was adopted, and already they are apply- and that indifferently. Of 114 convicts at Clinton, 10 ing to this House for the remedy. At the annual could not read, and 29 could read only. At the female election of 1850, the free school act was a second prisons, of the 71 remaining in December last, 25 time sustained, by a popular majority of over 25,000 could neither read nor write; 17 could read only, and votes, although at this election a majority of the coun- the balance had received a very limited instruction in ties of the State-42 in number-voted for repeal in the elementary branches. At the Auburn prison 109 majorities varying from 50 to 2,500. Notwithstand-convicts were, previous to admission, unacquainted ing this apparently great opposition, it is the delib- with the alphabet, or could read but little, and 64 had erate conviction entertained by a majority of your no knowledge of arithmetic. The Inspector closes Committee, that the large vote cast in those counties with the remark, "that the frequent examination

and collected from their respective counties, a sum equal to the amount of State school moneys apportioned to such counties; and to apportion the same among the towns and cities in the same manner as the moneys received from the State are apportioned.

each of the towns in their respective counties, a sum equal to the amount of State school moneys apportioned to said towns respectively." The income of the school fund of the State is distributed among the different towns in proportion to their population. The county and town taxes levied by the Supervisors, are in consequence, a tax upon the basis of population; and its operation is therefore unjust, unequal and

into the causes of crime among the convicts almost invuriably leads to the same result, and force upon the mind the startling truth that a neglected education in youth is the source of all or nearly all the crime among us." These statistics are presented in corroboration of the general statement of your Committee that crime | They shall also cause to be levied and collected from and ignorance are generally found in unison. It can be no matter of surprise therefore that the citizens of New York, from a perusal of the daily records of their criminal courts, and their daily observation of the vice and misery that must ever cling to and flourish in great cities, should manifest a deep interest in the cause of education, and a desire for its universal diffusion. Philanthropy, at least, would prompt that they should be heard. Again: Prudential considera-oppressive. tions demanded that New York should have a voice in the matter. She is part of the State: subject to the same laws, and should be entitled to equal privileges with other portions of the State. With an aggregate valuation of real and personal estate amounting to $286,000,000, or more than one-third of the entire valuation of the State, and with this property liable to be affected by the legislation of a body elected by the universal suffrages of the citizens of the State, it would have been manifestly unjust that her vote should have been excluded. Your Committee have been induced to present their views upon this subject from respect to the large number of your petitioners who have asked for a repeal of the Free School act, on the ground that such act would have been repealed by the popular vote had the city of New York been excluded from any action thereupon. Including this vote, therefore, the expression of the popular will of the State is emphatic in favor of the principle of Free Education; for no one, it is presumed, will hazard the opinion that the vote of New York was cast in favor of the act of 1849. Her citizens were unacquainted with the practical operation of that act, and the inference is natural that it was the principle only that was ratified at the ballot box.

Upon this view of the subject your Committee entertain the opinion that it was the principle of the free school act only that was sanctioned and confirmed at the last election by the people of this State. In obedience to the popular will, therefore, they would recommend the retention of the free school principle. But as it is admitted by all parties interested in the subject, that the details of the act are seriously defective, it is proposed to make such modifications therein as will ensure greater efficiency to the system, and cause it to be more generally approved.

As the physician would enquire into the nature of the malady before prescribing for its cure, it is proper your Committee point out, what they deem the defects of the law under consideration, before proposing any modifications therein. A prominent objection to the act of 1849, is the mode in which the school moneys are required to be raised. By the 2d section of that act, it is the duty "of the several Boards of Supervisors at their annual meeting, to cause to be levied

A large and populous county may, under this system of taxation, be compelled to raise more money than an adjoining county with a less population, though with a larger assessed valuation of real and personal property. It is obvious, therefore, that this inequality is peculiarly burdensome to the agricultural interests of the State, for in such districts the population is usually larger in proportion to the valuation of its property, than in the cities or large towns or villages. This inequality will appear by a glance at the following statement. In 1849 the taxable property and the school moneys (apportioned on the basis of population) in the following counties, were in this proportion :

New York,
Albany,

Allegany,

Cattaraugus,

Taxable property.
$256,197,143
16,839,570

3,797,486

3,824,598

School money.

$40.621 63

8,455 44

3,459 07

3,394 28

The counties of New York and Albany are devoted to trade and commerce, while Allegany and Cattaraugus are purely agricultural counties. The same inequality will appear from a comparison of different rates of taxation in different towns. An illustration is afforded by some of your petitioners, in the case of the following towns in the county of Genesee, in

1849:

Numerous instances of the same kind might be cited, to show the injustice of this mode of taxation, as applied to counties and towns. In the cities and larger towns are accumulated a vast amount of Bank and Insurance stocks, and other descriptions of personal property, which, under this system of taxing the population, is made to avoid their proportionate contribution for school purposes, while the poorer agricultural districts are borne down by the weight of taxation. This feature in the act of 1849 may be accounted one of the main causes of the heavy vote thrown for the repeal of the act throughout the central and western portions of the State. But the most serious objection to this act, in the estimation of your Committee, is the plan of district taxation. By the 3d section of the act, it is made "the duty of the trustees within a specified time of the annual district