USA > Indiana > A history of education in Indiana > Part 3
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In 1808 it had been provided that school-lands might be leased, at the discretion of the county courts, for a period in each instance not to exceed five years, the lessee being re- quired to put under cultivation not less than ten acres in each quarter-section. Two years later these courts were re- quired to appoint "Trustees of School-Lands," one to each township ; the lease was limited to one hundred and sixty acres, and the destruction of timber prohibited.
The schools, in whose interest these lands had been ap- propriated, were yet to be. Among all of the State's affairs these received but incidental attention. Communities through- out the Territory were disturbed and endangered by the presence and depredations of Indians. Governor Harrison's message to the Legislature in 1810 betrays a solicitude that every resource, even the schools, should be made to contrib- ute to the public safety and industrial prosperity of his peo- ple. He said : "Let me earnestly recommend to you that, in the system of education which you may establish, the military branch may not be forgotten. Let the masters of the in- ferior schools be obliged to qualify themselves, and instruct their pupils in the military evolutions ; while the univer- sity,* in addition to those exercises, may have attached to it a professorship of tactics, in which all the sciences connected with the art of war may be taught." In support of his sug- gestion, it was further urged that such training would "af- ford healthy exercise and amusement to the youth, inspire
* Referring to Vincennes University, opened 1810, and of whose board of trustees Governor Harrison was president.
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them with patriotic sentiments, furnish the militia with a succession of recruits, all of them habituated to the perform- ance of military evolutions, and some of them with consider- able attainments in the higher branches of tactics." This was directly after the founding of the United States Military Academy at West Point, and some years prior to its efficient administration.
Most social and institutional life is at a disadvantage in pioneer settlements-most of all, perhaps, schools and other direct and incidental means of culture. The wisdom and the reason of the appeal only emphasized the embarrassment of the situation. Not only were schools few and education and the means of general culture at a discount, but the great need of the people for liberal training was obscured by more immediate wants and pressing dangers.
Subsequent territorial assemblies were reminded in offi- cial documents of the importance of the interest and the urgency of the call for schools, but without any practical steps in achievement. In 1816, after the assumption of state- hood and in the atmosphere of the new Constitution, an attempt was made by the Legislature, resulting in a vaguely permissive and wholly inefficient law, to organize a system of common elementary schools. The official before known as "Trustee of School Lands " was designated " Superintendent of School Section"; the period of lease was extended to seven years, and provision made for further improving the arable lands. It was confidently expected that these sec- tions would yield such revenue as to justify an early open- ing of schools throughout all the settled districts. To this end it was provided by the same act of 1816 that, upon peti- tion of twenty householders in any township, there might be ordered an election, at which three trustees should be chosen to manage the schools of the township. They were given unlimited power, but neither money nor other re- sources.
Theoretically, public sentiment conceded to education every advantage, and lamented the paucity of material re-
3
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sources which impeded or thwarted all attempts to realize that advantage. Public spirit was not wanting to support every reasonable measure for general schooling.
By the second General Assembly was passed the epoch- making and now (for Indiana) historical "Seminary Law of 1818," in accordance with which it was the duty of the Governor to appoint for each county a "Seminary Trustee." This officer was instructed to accumulate and invest funds arising from exemption moneys and fines, as provided in section 3, Article IX, of the Constitution, and looking to the establishment of a high-grade secondary school in each county that should receive pupils from the township schools and fit them for the university.
From all this, however, came neither a system of schools nor any individual teaching of note. In a few communities, it should be said, education was not neglected. An efficient school had been opened at Vincennes, twenty years before (1793), by M. Rivet, a French missionary-"a polite, well- educated, and liberal-minded enthusiast, banished to this country by the French Revolution." A similar school was that of Mrs. Julia Dumont, teacher and poet, in Vevay, about 1813, and one in Charlestown, Clark County, at least ten years earlier. In the files of the Vincennes Sun, published during the early period, advertisements are found, or other occasional mention, of " Thompson's School" (1809), "Scrib- ner's Female Academy " (1817), "Jean Jean's School," "Mr. Bennet's School," and "Mr. Tillingghast's Academy," all in 1818 ; and "Mrs. Wood's School," which was announced as "reopened" in 1819. Besides these, about the only other requiring mention, as having existed prior to 1820, was one in Evansville, opened in 1818, by a Mr. Shute, and main- tained for several years.
Schools then, and long afterward, were all private, as those named, or domestic. If called public, they were still supported by fees from pupils. Though the house was in such case sometimes furnished by the community, or by moneys from school lands, the cost of tuition was met by
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private means. Nowhere were the schools free .* There vas no system ; whether schools of any sort were kept up epended upon the locality, or the interest of an enterprising idividual. State control was little.
The first systematic effort to establish a plan for State schools appears in the law of 1824. Five years had elapsed since the adoption of the Constitution. The population had almost trebled.+ Immigration continued. Internal im- provements were urged. But the State was in debt ; bank- paper, through unwise management of the local capital and the Federal deposit, had depreciated, and the public credit was greatly injured. Among the dark days of Indiana was the year of 1821. Trade was depressed, crops had been poor, and the taxes were delinquent. The financial embarrass- .. ments of the State, and the unsettled condition of social in- terests generally, gave little promise of any large concern for education or the schools.
Nevertheless, by the State Legislature of that year, a committee of seven was appointed, as provided by the fol- lowing joint resolution, approved January 9, 1821, for the promotion of education : "Whereas the General Assembly of Indiana are deeply impressed with the importance of knowledge and learning being diffused through the rising generation of the State of Indiana, therefore, Be it enacted, etc., . . . that John Badolet and David Hart, of Knox County, William W. Martin, of Washington County, James Welch, of Switzerland County, Daniel S. Caswell, of Franklin County, Thomas C. Searle, of Jefferson County, and John Todd, of Clark County, be and they are hereby appointed a committee to draft and report to the next General Assembly of this State a bill providing for a general system of educa- tion ascending in regular gradation from township schools to a State university, wherein tuition shall be gratis, and
* This was scarcely more true of Indiana then, and for many years later, than of other States, West and East.
t In 1820 it was 147,148 ; in 1825, 250,000.
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equally open to all ; and particularly to guard against any distinctions existing in any of the said institutions between the rich and the poor."
The significance of the last clause appears in the peculiar educational notions and social standards prevalent at that time. The Literary Fund of Virginia had just been set apart (1810), as had that of Georgia, also (1817), for the ex- clusive benefit of the poor. New Jersey about the same date legalized township taxation "for the education of pau- pers"; and Ohio, but a few days before the appointment of the Indiana committee, had, in an otherwise liberal act, provided for schools, "open first to the needy and depend- ent, then, if means and accommodation afforded, to others." American public schools have frequently been, East and West, North and South, even among the New England States, " pauper " or "charity " schools; and it is greatly to the credit of the Indiana Legislature that, as early as 1821, when her sister States saw no way to make elementary edu- cation both free and universal, the Assembly of one Western State, taking counsel of progress, saw and was ready to affirm the right of every child, of whatever rank or social condi- tion, to an education at public expense. This was the theory ; and it may be held as sound educational doctrine to-day. Such wise faith dignifies even the failure of the fathers. This is the bright side of the picture-seventy years ago. The darker story may well go untold.
The committee was wisely constituted, all being men prominent in the deliberations of the State, and possessed of civil and political influence. They were greatly aided, also, in their conferences, and in the final drafting of a bill, by Judge Benjamin Parke. The report, ordered in 1821, was in time made, and, after abundant revision and elimi- nations, was passed January 31, 1824, as "An act to incor- porate congressional townships, and providing for public schools."
Under this, as under the preceding law, three trustees might be elected in each township. Their powers, however,
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were greatly extended. They were to hold office one year only ; had general charge of school lands and school funds, and, for the better organization of their territories, were re- quired to set off their townships into districts, and appoint a subtrustee in each. In addition to these duties, the town- ship officers examined teachers and granted licenses. Nomi- nally, this was a forward step. Practically, it was far from ideal. The examination covered the subjects of reading, writing, and arithmetic, with an occasional branch, as geog- raphy, petitioned for by the patrons. The examiners were rarely school men, not unfrequently ignorant, though usually friendly to the schools, and, for the most part, men already preoccupied with business. The test (if the exam- ination may be dignified by such term) was accordingly very simple, as a rule, while in many cases the license might be had for the asking. Teachers were not numerous, and while the demands were not great, neither were employ- ers exacting. In theory, the need of some test of the quali- fication of intending teachers was recognized; in practice, little discrimination was made.
Teachers having been duly examined "touching their qualifications, and particularly as respects their knowledge of the English language, writing, and arithmetic," and hav- ing satisfied the trustees that they would be " useful persons to be employed as teachers in said public schools," entered into an "Article of Agreement " specifying what part of their wages should be in produce, when and where delivered; what part should be paid in money, and in what install- ments, and whether the teacher should be boarded among his employers.
Baynard R. Hall, in the New Purchase,* mentions the pay of teachers as given in "fat-flitch, cord-wood, eggs and butter," and elsewhere as including "pork, corn, tow-linen, and leather." In 1842, one James Eastridge engaged to teach in Orange County a term of three months for $36.50,
* Published in 1853 ; see pp. 116 and 117.
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"to be paid $25 in State scrip, $2 in Illinois money, and $9.50 in currency." The records show further that "Jesse Titus, a 'lame schoolmaster,' in Johnson County, had nine. teen scholars for three months at one dollar each."* And these instances are selected not because they were exceptions -they were not-but because, if not the rule, they were yet very common.
The trustee was held responsible for all collections, whether of produce, tax, or subscriptions, and held to pay over, as per contract, to the teacher.
Schools were opened in the best counties only, and in the older settlements. The terms were seldom more than three months in length, and often less. Tuition was not free. Rate bills were common. With 675,000 acres of school lands, worth nominally more than a million and a quarter of dollars,t the school revenue was inconsiderable, both from neglect of the lands and mismanagement of funds. Under the best conditions, the efficiency of the sys- tem depended much upon the local interest, and chiefly upon individual enterprise. No provision was made for either town or city schools-a defect that, while nominally met by the county seminaries,¿ was not corrected in the legislation of the State for more than a quarter of a century. The law concerned the rural districts only, and was conditioned almost wholly by the congressional grant of the sixteenth section. Further, it was permissive in its provisions, never mandatory. Every best offer of the State was subject to rejection at the hands of some ignorant or indifferent com- munity.
At the passage of the law there were but six organized
* For these and similar instances, sce D. D. Banta in History of John- son County, p. 361.
+ Government land in 1825 was rated at $2 per acre.
# Under this law of 1824 the Indiana school system, as legally con- stituted, comprised (1) the common rural school, (2) the county semina- rics (law of 1818), and (3) the State seminary (chartered in 1820), opened in 1824.
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counties in the State, and with less than 200,000 population distributed over half its area. Few townships were officered, and fewer yet maintained schools. The local-option feature of the law admitting of public neglect, education very natu- rally, but unfortunately, was sometimes overlooked, in the presence of not more important but more clamorous in- terests.
But grave problems of State diplomacy and finance were involved. Aside from occasional local indifference and sometimes legislative evasion, the law itself was doomed to failure for lack of funds. There could be no State system while there was wanting the mastery of the funds to main- tain the system.
By a few of the leaders of the time, private and official, this was thoroughly comprehended. In his message to the next Legislature (the tenth), after the passage of the law, having quoted the second section of Article IX of the Con- stitution, Governor Ray said: "There is no subject more worthy the attention of the representatives of a free people than that of providing means for the education of all classes of society, rich and poor together, in the same manner, at the same school. Nor is there a more effective method of suppressing vice and giving countenance to and encourag- ing the principles of humanity, industry, and morality; nor is there any better method of bringing native genius to light and usefulness. It is one of the first duties of a govern- ment as well as of an individual to provide the means neces- sary for their own existence. It has been well said that ' knowledge is power,' and that 'ignorance is a footstool to despotism.' Ours is, emphatically, a government of the people, and its very existence depends upon their virtue and intelligence. A well-educated people will always be virtu- ous. They only need to know their rights to protect and defend them." Among other and less pertinent observations the Governor makes reference to the reservation of the sixteenth section for common-school purposes, to the township set apart for a State seminary, and to the provis-
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ions made for county seminaries, and concludes that there were or might be sufficient means to maintain schools, but urges the Legislature to further improve and increase the several funds " so as to carry the general scheme of educa- tion into complete effect." He shrewdly detects the organic weakness of the law, however (anticipating by a quarter of a century the decision of the Supreme Court upon the legal ownership of the " school section "), in that the law of 1824 was formulated upon the erroneous "supposition that the Legislature could legally sell the lands for the use of town- ship schools." He questioned the soundness of the com- mittee's report in respect to this point and the practicable- ness of the law, and asked an investigation. This part of the message was accordingly, by the two Houses, referred to their respective committees on education. But in all the proceedings of the "House " the topic is not again referred to, and in the Senate it was given but an indifferent recep- tion. Mr. Ewing, chairman of the Committee on Education in the Senate, on December 28, 1825, twenty days after the delivery of the message, did report as follows : *
"That a great diversity of opinion, not at this moment to be reconciled, seems to prevail on a proper course to pursue in regard to the fund set apart by compact, to impart in- struction to every class of our citizens ; and that, although it would be a source of inestimable gratification to every one if it appeared practicable, in the absence of all such differ- ence of opinion, to procure the means necessary to support free schools and disseminate common elementary knowl- edge among the people, your committee have to lament that the requisite resources do not seem to be within its reach.
" With the exception of county seminaries deriving some aid from the penal code, and the township rents accruing to the State University, there exists no active fund for educa- tion to which resort could be had ; and the pittance of rent from some sixteenth sections is entirely inadequate to effect
* See Journal of the Senate, Tenth Session, p. 104.
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the object at this time. Indeed, to carry knowledge to the inmates of every family in our State, and thus promote the intent, or fulfill the purpose, of the now unprofitable fund appropriated, would require a system of ways and means previously digested to act upon; and whatever the equiva- lent paid by the present generation for this unwieldy fund, by refraining from taxation for five years * on all lands sold, still without the express sanction of Congress, the other party to the compact, as well as the consent of every inhab- itant, no act can be done or sanctioned that would release the State of her responsible trust and render the fund of more immediate advantage.
"Nor can a majority of your committee believe it just or politic (unless by acts of incorporation to give control to the inhabitants interested) to authorize an extension of lease that would deprive two or three generations of hoped-for increase in value of the fund in question. Indeed, on con- sulting the power under which you act, in its true spirit, the validity of any legislation that would on your part extend leases beyond one generation might, it is supposed, become matter of question and doubt. The township land (or at least the townshipt attached to the State University) is placed in your possession with a different power, and can unquestionably be sold, when you may deem that course ex- pedient.
"Thus situated, and viewing the establishment of town- ship free schools of the first importance to the future happi- ness and glory of the State, it has been agreed to report the following joint resolution. Under any circumstances, your committee would view the course contemplated by this reso-
* The Enabling Act provided that all public lands sold by Congress after December 1, 1816, should be exempt from all taxes for a period of five years from date of sale.
+ Two had now been granted-one in 1804, located in Gibson County, and appropriated to Vincennes University ; the other in Monroe County, in 1816, for the Indiana Seminary, at Bloomington. The former had been sold in 1822.
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lution as the most advisable. It will no doubt procure a well-digested system, and with the accompanying knowl- edge sought for you will hereafter possess a perfect under- standing of the whole subject, and a precise idea how far the present generation stands bound to posterity for the fund. At this time it is viewed hazardous, if not impossible, to urge upon the State a crude system of free schools (and such only could now be devised) without apparent means of sus- tenance, free of taxation, and preserving that which equally belongs to those who come after us. This resolution will, it is thought, effect more, and enable all to act upon the im- portant subject understandingly."
The resolution mentioned in the extract does not appear in the Journal of the Senate for the session, and is not else- where referred to.
The report of the Senate committee is given in full as re flecting the public sentiment concerning education, and the difficulties in the way of providing schools, not less than the attitude of the legislative mind. The hindrances were many. This, it must be remembered, was thirteen years prior to the earliest State system in this country, and while yet all legislation was tentative. "Schools and the means of education" were to be "encouraged," but the way was not well understood. The attempt made, however, contrib- uted to the general discussion, and finally to a better under- standing. In the session of 1824 the school system of Indiana began to take shape.
CHAPTER IV.
ATTEMPTS AT SCHOOL SYSTEMS .- (Continued.)
THE next general legislation concerning schools was not until 1833 ; but the law-makers were not idle during these intervening years, neither was educational interest wanting or diminished.
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ATTEMPTS AT SCHOOL SYSTEMS.
A number of county seminaries had been opened in parts of the State, under the provisions of the Constitution and the law of 1818, besides special incorporations here and there in the more progressive communities. The State Seminary at Bloomington, incorporated in 1820 and opened in 1824, was, three years later, incorporated as Indiana College and given enlarged powers, with an extended curriculum. In the same year, also (1828), a legislative act was passed em- powering the inhabitants of any township by vote to sell their school lands and to put their money at interest for the support of the schools of their township. The privilege, erected at once into a policy by a few corporations, was rapidly embraced by other townships, so that in fifteen years (1843) the proceeds from the sale of congressional lands amounted to nearly a million and a quarter of dollars.
An act of 1831 also supplemented the first general law by adding to the existing administrative machinery a school commissioner for each county, whose function was that of financial agent for the local school corporations, and whose term of office was three years. Voters in each school dis- trict in which it had been determined to open a school were to decide how much local tax, if any, should be levied for schools, the length of school term, and really most other details. Even this provision was vitiated by the counter one that "no person should be liable for tax who does not, or does not wish to, participate in the benefit of the school fund." *
But of all the minor acts of these years the most impor- tant belong to the year 1832. In that year Congress author- ized the State Legislature to sell the salt lands granted to the State in 1816 and appropriate the proceeds to the sup- port of common schools.t In the same year, also, was passed "An act to provide a fund to encourage common schools," and a sale ordered of those lands held by non-resi-
* Section 43 of the act, approved February 10, 1831.
t Ultimately this added about $85,000 to the general fund.
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dents upon which taxes had become delinquent, the proceeds of which should be set aside and form the nucleus of a per- manent State fund. While no considerable revenue accrued from this source, the passage of the act was a recognition in a positive way of the principle of State responsibility for the education of youth, and so shows progress.
The law of February 2, 1833, referred to, was entitled " An act incorporating congressional townships and provid- ing for public schools therein." It contained two hundred and five sections, and was very elaborate. There were re- tained the school commissioner in each county, and three trustees in each township. There was imposed, however, the additional requirement of three subtrustees in each dis- trict, holding office for one year. The county treasurer might be made school commissioner, and in most counties such arrangement prevailed. Money derived from the sale of lands might, at the discretion of the inhabitants of the township, be loaned to the residents of the township, or else- where in the county, or deposited in the State loan office at Indianapolis. In the absence of instructions, the commis- sioner followed his own preferences. The arrangement had the effect to make loans more secure, though it did not result in taking any considerable money out of the county.
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