USA > Indiana > A history of education in Indiana > Part 12
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" Whatever reforms in the other departments may be desirable and, by your wisdom, be incorporated in a new
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UNDER THE NEW CONSTITUTION 1851-'91.
Constitution, it is obvious that nothing will contribute so essentially to carry out and render permanent these reforms as the general diffusion of knowledge and the universal education of the rising generation. It is a peculiarly fortu- nate and happy circumstance that on this subject the popu- lar will has been repeatedly expressed within the last two years. A State vote of 16,636 majority on the abstract ques- tion of free schools, and a county vote of sixty-one for and twenty-nine counties against the subsequent school law, with all its imperfections, may very properly be regarded as an expression of the popular will of no equivocal character. Indiana has acquired no little reputation and distinction among her Western sisters by her educational votes for the last two years.
The lapse of thirty-four years (1816-1850) has wrought a wonderful change in our circumstances and re- sources, requiring corresponding modification of measures. It has also demonstrated the infelicity of some of the pro- visions, and shown that the hopes awakened by others are doomed to utter disappointment.
" The wide contrast between the number and the pecun- iary ability of the constituency of the first convention and that of the present population and wealth you have the honor to represent may be inferred from the State taxes of 1816 and 1849, and from the votes cast for Governor in 1816 and at the presidential election of 1848. The State tax assessed in 1816-the first year of our independent sover- eignty-was $6,043.36, while the same assessment for 1849 was $508,537.81. The gubernatorial vote for 1816 was 9,147, while the electoral vote for 1848 was 153,462.
" These facts show why the educational provisions of our present Constitution, when formed, were little else than 'good devised,' since the pecuniary ability to execute its generous and philanthropic purposes was necessarily mea- ger. If such noble sentiments were entertained, and such provisions incorporated in the fundamental law of an infant State by its framers, what may not be justly expected from
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THE SECOND CONVENTION.
their successors assembled thirty-four years after to revise and remodel that Constitution when no such incubus of poverty rests upon our State to paralyze our efforts and to mock our hopes ? Our resources are sufficiently developed to authorize all reasonable and necessary drafts on them for the support of a wise and efficient system of popular education."
Nor was Prof. Mills alone in his crusade against igno- rance and public indifference. The people throughout the State, especially in the more developed sections, were fairly aroused on the subject of education. They differed as to its establishment; wrangled over taxes; members of churches were jealous and suspicious of one another ; politicians temporized ; and a few offered unconditional opposition. But most agreed as to the necessity for some immediate and systematic effort at general education. Frequent arti- cles appeared in the papers, not at the capital only, but in the suburban press throughout the State. The question of free schools was vigorously handled by both sides, and the probable action of the convention discussed in ad- vance. Local meetings were called and petitions presented. Much antagonism and occasional bitter feeling were engen- dered.
The friends of education, however, used well the inter- vening summer ; the learning and culture and capital of the State were on the side of free, State-supported schools. In the tri-weekly State Journal between May 6 and July 24, 1850, appeared a series of articles signed "Delta " and entitled Common Schools. In a plain, unpretentious, but sometimes striking, and always intelligent way the au- thor discusses " the nature of the right of property, and whether Government may justly appropriate a part of every man's estate " to the general good-physical and moral- and how and under what circumstances. "If, then," the writer continues, "the Government is bound to support the child in certain cases and to provide for its physical wants, it is bound, also, by laws paramount to any human enact-
10
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UNDER THE NEW CONSTITUTION, 1851-'91.
ment, to educate that child; for to preserve its mere ani- mal life without providing for its higher interests is a curse. Better that life should become extinct than that the child should grow up in ignorance, upon which error and all its fearful consequences depend. . . . Here, then, rests the first claim of a succeeding generation upon the preceding; and, to meet these claims, property must be transferred, not in the form of houses and lands and money, but in the form of physical comfort, the means of knowledge, and a training to virtue and truth." In one issue was a detailed and con- vincing argument setting forth the money value of educated labor ; in another the economy of public schools as com- pared with private ones. Again were summarized the les- sons from other States.
Dr. Daniel Read also, of the State University, delivered, December 30, 1851, in the House of Representatives at Indi- anapolis, a stirring address on The Means of promoting Common School Education, that was printed and widely circulated .*
It seems now, indeed, that the friends of a really liberal scheme for general education left no phase of the question untouched, and lost no opportunity to bring home to the Constitution-makers, the law-makers, and citizens generally, the momentous import of the prevelant social conditions, and the great promise of reform through a comprehensive and wisely administered free-school system for the State. The approach of the convention only afforded an occasion for a more specific consideration of the old question before an open door. It gave room for renewed hope.
The convention itself was regarded as a fit subject of education ; and the friends of public schools used every opportunity to enforce the needs of the State, the conditions of right schooling, and the claims of legislation. Much personal work was done with influential members. Con- stituents exercised their sovereign rights; and among the
* See State Documentary Journal, 1851-'52, part ii, p. 347.
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THE SECOND CONVENTION.
delegates themselves public-spirited members lobbied for the educational article in advance.
The permanent chairman of the convention was George W. Carr. The Committee on Education consisted of nine members, with John I. Morrison, of Salem, and delegate from Washington County, chairman. The other eight were James R. M. Bryant, of Warren, Edwin R. May, of De Kalb, W. W. Hitt, of Knox, W. C. Foster, of Monroe, A. C. Ste- venson, of Putnam, W. F. Nofsinger, of Parke, Dixon Mil- ligan, of Blackford, and James E. Blythe, of Vanderburgh.
Throughout the four months of their sitting the labors of the educational committee were arduous in their nature, and greatly impeded by opposition and studied impedi- ments both from the body of the convention and from within the committee.
It was claimed, as it had been claimed before for a generation, that education was not a part of the State's func- tion ; by others that elementary education only belonged to the public, all higher education being left to private enter- prise or denominational zeal. Again it was urged, and passionately urged, that even elementary training should be made free to those only who were unable, because of pov- erty, to find it in private schools. It was asked by Mr. Hen- dricks, in the convention, "that the Committee on Education be instructed to report an amendment to the second section of the ninth article of the Constitution providing that the Legislature, in the establishment of a general system of edu cation, shall not provide for, or establish, at public charge, any schools or institutions of learning other than district or township schools." This would have excluded cities again entirely, all secondary education, and State aid to the university. The sentiment expressed in the resolution in a measure prevailed, for, in the constitutional provisions for schools finally approved, no mention is made of any but " common schools."
The resolution, as referred to the Committee on Education, is significant as voicing not only a strong sentiment against
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UNDER THE NEW CONSTITUTION, 1851-'91.
public secondary and collegiate institutions, but an equally emphatic sanction of the long-practiced policy of the State to assume no responsibility for schools in the towns and cities. "District or township schools" only were held to lie within the province of the State's authority ; so strong was the opinion still that the education of the young was a private responsibility, only to be assumed by the public under adverse circumstances.
A somewhat similar resolution was offered by Mr. Ris- tine also, to the effect "that the Committee on Education inquire into the expediency of abolishing the county semi- nary system, and the State University also, and of so amend- ing the Constitution as to compel the Legislature to enact the necessary laws for the sale of the property of said insti- tutions, and to apply the proceeds thercof to the use of the common schools."
Again, religious zeal forty years ago led to the founding and encouragement of denominational schools-colleges in particular-in whose interests members were outspoken, ask ing State recognition and some financial aid, or the discon tinuance of public appropriations to the university. On November 30, 1850, Mr. Borden, a prominent member of the convention from Allen County, asked by resolution "that the Convention inquire into the expediency of annually dividing the interest of the University Fund among the sev- eral colleges of this State, in proportion to the number of students in each of said colleges during the year."
The objection, let it be borne in mind, was not against higher education as such, but against the State support of higher education. The impediment to education in Indiana had not then, and has not since been, an avowed opposition to learning in itself (albeit there has been frequently mani- fest a painful indifference toward it), but to State-founded, State-supported, and State-controlled systems and schools. Even Prof. Mills himself, than whom no man has contrib- uted more to the dignity and efficiency of Indiana schools- both elementary and superior-repeatedly and earnestly
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THE SECOND CONVENTION.
urged the distribution of all university funds among the several colleges, and the inclusion of all the superior insti- tutions, of whatever origin, under one control. Indeed, the care of the university funds, and the reorganization of the colleges of the State, were made the subject of Prof. Mills's fourth letter to the Constitutional Convention.
The work of the committee (being a revision of Article IX of the first Constitution), as reported to the convention, was amended in two important particulars.
The original draft provided that, "in order to furnish the common schools of the State with efficient and well-qualified teachers, it shall be the duty of the General Assembly to establish in the State University a Normal School, wherein students shall be admitted upon such conditions and in- structed in such subjects as shall be prescribed by law." The section was excluded from the article by a large major- ity. The oldest of the only four normal schools in the United States was at that time barely a decade old, and it need not perhaps seem strange that law-makers and others high in authority saw little demand for trained teachers in Indiana. Even when the need was seen, how to meet it was neither recognized by the many nor agreed upon by the few. Ten years later leading educators in Indiana could still be found who denied the feasibility of public training schools for teachers.
Early also in the sittings of the convention a resolution had been offered (by Mr. Chapman), and was strongly sup- ported, "that the convention inquire into the expediency of establishing, in connection with and subordinate to the office of Secretary of State, a bureau of agriculture and a bureau of education; the duty of each of which shall be to collect and diffuse such appropriate information of general public interest upon the subjects specified in the title of each bu- reau as may be directed by law." Governor Whitcomb also, two months later, in his message to the Legislature, made the like recommendation, fully aware, as were others, of the need of some sort of State oversight, but fearful of
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UNDER THE NEW CONSTITUTION, 1851-'91.
any organization that hinted at a centralized control of schools.
Throughout the conference of the committee Mr. John I. Morrison, its chairman and one of its most intelligent mem- bers, asked a provision for the election of a State Superin- tendent. He received no encouragement from his col- leagues, and went before the convention finally with a minority report, asking the adoption of an eighth section, as follows: "The General Assembly shall provide for the elec- tion by the people of a State Superintendent of Public In- struction, to hold his office for two years, and to be paid out of the income arising from the educational funds, and whose powers, duties, and compensation shall be prescribed by law."
Some members sought to amend by substituting county superintendents for a State Superintendent, and making county auditors eligible to the office; but the motion was lost, and the original resolution finally carried by a two- thirds majority. How much the present generation owes for the wise, generous provisions of the Constitution to such men as John I. Morrison, J. R. M. Bryant, and Edwin R. May, can not even be estimated. The deliberations of the committee have never been made public ;* but the speeches of members of the committee in open session emphasize the importance of the services to education of such men as those named above and their colleagues, who stood for State edu- cation when State education was unpopular.
The article, as finally adopted, is here inserted in full. It is short, but unmistakable in its meaning. It has been in force since November 1, 1851.
* The writer has been authorized to say that papers and documents of a private nature, but giving a detailed statement of the growth of Article VIII, have been placed in the hands of W. H. English, of Indianapolis, with directions to publish at his discretion. For a brief statement of Mr. Morrison's service, see the Indiana School Journal for 1872, p. 111.
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THE SECOND CONVENTION.
ARTICLE VIII, CONSTITUTION OF 1851.
SEC. 1. Knowledge and learning generally diffused throughout a community being essential to the preservation of a free Government, it shall be the duty of the General Assembly to encourage by all suitable means moral, intel- lectual, scientific, and agricultural improvement, and to pro- vide by law for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all.
SEC. 2. The Common School Fund shall consist of the Congressional Township Fund, and the lands belonging thereto ;
The Surplus Revenue Fund ;
The Saline Fund, and the lands belonging thereto ;
The Bank Tax Fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana ;
The fund to be derived from the sale of county semina ries, and the moneys and property heretofore held for such seminaries; from the fines assessed for breaches of the penal laws of the State, and from all forfeitures which may accrue;
All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance;
All lands that have or may hereafter be granted to the State when no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Congress of the twenty-eighth of September, one thousand eight hundred and fifty, after deducting the expense of selecting and draining the same ;
Taxes on the property of corporations that may be as- sessed by the General Assembly for common school pur- poses.
SEC. 3. The principal of the Common School Fund shall remain a perpetual fund, which may be increased, but shall never be diminished ; and the income thereof shall be in-
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UNDER THE NEW CONSTITUTION, 1851-'91.
violably appropriated to the support of common schools, and to no other purpose whatever.
SEC. 4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the Common School Fund as have not heretofore been intrusted to the several counties, and shall make provision by law for the distribution among the several counties of the interest thereof.
SEC. 5. If any county shall fail to demand its proportion of such interest for common school purposes, the same shall be reinvested for the benefit of such county.
SEC. 6. The several counties shall be held liable for the preservation of so much of said fund as may be intrusted to them, and for the payment of the annual interest thereon.
SEC. 7. All trust funds held by the State shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created.
SEC. 8. The General Assembly shall provide for the elec- tion, by the voters of the State, of a State superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law.
Following the formal labors of the convention, an ad- dress was prepared to the people of the State, in which the paragraph upon "Education and State Institutions" set forth the principal changes of the article on education, ex- plained the convention's action in abolishing the county seminaries, consolidating the school funds, making the coun- ties responsible for their security, and providing a State edu- cational office; which was helpful in inviting confidence and softening prejudices and opposition.
The new Constitution-and along with the other articles, that on education-was accepted at the polls by more than 80,000 majority in a total vote of about 160,000.
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THE SECOND CONVENTION.
PROF. MILLS'S SIXTH MESSAGE.
In his message to the Legislature, in December, 1851, Gov- ernor Wright spoke at length of the educational situation in Indiana, and the magnitude of the responsibilities resting upon his hearers and their successors, who must carry out the provisions of the new Constitution. It was an impor- tant State paper. In its acceptance of this document no change came to the State in any relation greater than that incident to Article VIII, and providing the means of general culture.
As had been his custom for years, Prof. Mills also, upon the reassembling of the Legislature, submitted his "Sixth annual address on Popular Education." It bears date De- cember 10, 1851, and two months later was officially recog- nized by the Senate, 5,000 copies being ordered printed. " One of the people " had been heard. The address makes a pamphlet of about thirty pages, including an appendix, and is well worth preservation, not only as a specimen of the author's work, but as a suggestive pedagogical treatise upon State school systems forty years ago.
After pointing out the evident requirements of the Con- stitution, and noting that the proposed system must furnish free tuition to every child of whatever social class or con- dition ; that to make the system general and free would call for an annual revenue of not less than half a million dollars; and emphasizing wise and close supervision as of vital necessity in administering a system of schools, Prof. Mills makes and elaborates a half-dozen recommendations, most of which his contemporary legislators were slow to ac- cept, but which have since been, in substance, incorporated into the State school law.
The township organization was suggested and " township school committees to manage the educational interests of the township, as municipal trustees do the civil and pecun- iary affairs of the corporation." He recommended county or district superintendents, who should examine and license
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UNDER THE NEW CONSTITUTION, 1851-'91.
teachers, visit schools, receive and summarize the reports of township trustees and forward them to the State Superin- tendent, select and recommend school books, and conduct teachers' institutes; and who should collectively constitute a State Board of Education. He found teachers' institutes a part of the system in eight States, and bespoke for them an : intelligent consideration and introduction into Indiana.
Graded schools are characterized somewhat in detail, and their advantages re-enforced by much historical and other evidence. He strongly urged the employment of women as teachers for the primary classes-a thing almost unknown at that day in Indiana. Circulating libraries are described, their regulative influences pointed out, and a fairly well di- gested scheme submitted for raising the funds and manag- ing the enterprise.
But his dearest interest and most ardent plea is for nor- mal schools-" institutions for the sole and exclusive pur- pose of furnishing instruction appropriate to the teacher's vocation." To this end he would have " three or four such normal departments in the colleges of Indiana," bringing these institutions " into more intimate relations with com- mon schools." and awakening in the minds of many of their students and professors a livelier sympathy with these ele- mentary departments of the American system.
Altogether, the educational prospect for the State had been greatly improved through the labors of the convention and the two campaigns and the following elections. Cer- tainly, the problem had never been so clearly set before the State's law-makers. There was not only reason to expect from the Legislature considerable modification of the exist- ing policy, but such change as would inaugurate an efficient ' system. The Constitution contemplated no compromise. Its provisions were specific and mandatory.
Article VIII is a liberal but wise charter of a great edu- cational institution-the Hoosier school.
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THE SCHOOL LAW OF 1852.
CHAPTER XI.
THE SCHOOL LAW OF 1852.
THE Legislature of 1852 found itself, upon meeting, con- fronted by a complicated problem. In many important respects the new Constitution was greatly unlike the old, involving a considerable reorganization of the State's ad- ministrative and judicial affairs, the assumption of new privileges, social and political, and large obligations.
Not the least among the embarrassments came from the requirements of the new Constitution concerning educa- tion. Most other interests could point to some sort of be- ginning already made. The educational structure must be begun with the foundation. The school legislation of thirty- five years had accomplished little else than confusion and ruin. Funds were badly used, or not at all, and the system was a mass of unrelated machinery. "There was no gen- eral provision for tuition beyond the income of the school funds, which, at the best, was a mere pittance. This modi cum was the only annual monetary exponent of the educa- tional interest of the State as a Commonwealth, the sole pecuniary provision she had made for so noble a purpose, so philanthropic and patriotic an enterprise. All else de- pended upon individual generosity and personal zeal. There was no equitable and efficient method of erecting school- houses. Advancement in that direction depended upon private enterprise, taste, and liberality. Township libraries had no existence. There was no wise and adequate super- vision of the educational interests of either township, county, or Common wealth."
" An impression was general," said Mr. Bryant, in the convention, " that we have done [1850] a great deal for edu- cation in the State of Indiana. This arises in part from the fact that it always makes a prominent item in the stump speeches that are annually made. Many prophesy in its name, and teach upon the streets and cross-roads, and are
r
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UNDER THE NEW CONSTITUTION, 1851-'91.
great and devoted friends of common schools just before an election ; but, with all our profession, what have we done ?
" I can sum it all up in a few words : We have received from the United States the Congressional Township Fund, the University Fund, the Surplus Revenue Fund, and the Saline Fund, and, by a tax upon the State Bank for school purposes, we have collected from two to three thousand dollars per year, to be distributed among ninety-one counties, the high- est sum to any one county being $81.37; the lowest, $3.70. Not a dollar, sir, from the State Treasury for any educa- tional purpose."
Even the expense of handling these funds had been taken from them, not from the Treasury. To bring order out of this disorder, on the ruins of a generation to erect an artistic structure yielding the appliances of training and culture, was the task. It was no easy one. Very fairly the duty was performed. Of 120 chapters in the Revised Statutes of 1852, a full dozen were more or less closely related to education. The sale of county seminary buildings; the edu- cation of the deaf-mutes and blind; high schools and col- leges ; the State, county, and public libraries ; saline and swamp lands and their dedication to schools; and voluntary associations, including library and scientific institutions-all claimed and received respectful and considerate attention at the hands of that thirty-sixth session of the General As- sembly. The interest was pronounced and aggressive.
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