USA > Indiana > A history of education in Indiana > Part 4
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Both township and district trustees were, by the provis- ions of the law, exempt from military duty, and the former from road-tax. To district trustees were left the enumera- tion of children,* the examination of applicants,t and the employment of teachers. Further, they erected or directed the erection of all houses. For their own counsel they might call meetings of the inhabitants, and upon petition of any five householders were required to do so. If the patrons in such meeting voted to build a house and to main- tain a school, the duty of the trustee was simply to follow
* In three classes : (1) those under five years of age, (2) those between five and fourteen years, and (3) those from fourteen to twenty-one.
t Aided by the township trustees also, in some cases, and by agree- ment.
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instructions. The official had no alternative. The accom- panying extracts * from the law will make clear to the reader the mode of procedure in building houses, levying taxes, collecting materials, etc.
"Upon the enumeration of taxable property having been taken, a meeting shall be had of the persons of whose prop- erty a list has been taken, who shall decide (if a school-house is to be built) what tax is to be assessed, on what property, the proportion to each, and who (if any) shall be exempt from such tax, or any part thereof, and whether the same shall be paid in work or materials on such school-house, or in money, and what proportion of each; and, in fixing the proportion for each person, may take into consideration the number of each person's children to be educated, and other equitable circumstances." Further, "every able-bodied male person being a freeholder or householder of such district, of the age of twenty-one years or upward, shall be liable to work two days on such school-house; or so much tax in labor, materials, and money shall be assessed as, by computa- tion, will, in addition to such labor, finish the school-house."
The same law provided, also, that taxes might be assessed in any subsequent year after the house was built, and all expenses thereon paid, unless the district meeting should otherwise direct, and be appropriated to the support of the school. In the absence of instruction, further, the district trustees might (they rarely did) contract with the teacher " to pay a gross sum per month, per quarter, or per year." Along with this, however, each householder was left to ful- fill his own " contract with the teacher for tuition, fuel, and contingencies."
Altogether, the act, though limiting the tax in any one year to one fourth per cent on the taxable property, was liberal, and, for the day and people, fair. It must be ad- mitted, however, that the privilege was not greatly used. The years of the decade just closing were years of rapid
* Parts of sections 152 and 153 of the School Law of 1833.
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changes and, upon the whole, of improvement in all social matters-education included/ Numbers of private and independent schools were opened, including some very suc- cessful ones, generally as academies or seminaries, some- times offering elementary instruction, but always, for that time, a liberal secondary training. Such men as Morrison and Montgomery and Sharpe and Neef and May and Per- ring had begun their work-men whose contributions to education in a dozen counties were revolutionizing public sentiment regarding schools throughout the State.
Two new colleges had been established-Wabash and Asbury (Hanover dates from 1826). Provisions favorable to the public schools had been confirmed in the State Bank charter (granted in 1834), and in 1837 one half of the Federal deposit falling to Indiana was set aside for the schools. It was further enacted,* as a means of encouraging local effort and enterprise, that, of the seventy-five-cent tax collected for State purposes in each township, twelve and a half cents might go to the schools; and that five per cent of the gross revenue collected in the several counties for State purposes might be divided among the townships in proportion to the amount of revenue paid by each township.
This all indicates advancement made and making, both in the system of schools and in the supporting public sentiment.
But progress was discouragingly slow. The legislation of the period was marked by compromises. The law of 1836, for example, provided that, "upon the failure to elect district trustees, any householder might employ a teacher, qualified and certificated, and subject to all the limitations and privi- leges incident to other teachers and other schools." This was not only the law, but a not uncommon practice as well, for there were frequent schools of the kind, and the requisitions of the householder were honored by the offi- cials, as in the regularly established public schools. More-
* Act of February 8, 1836.
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over, as early as 1834, denominational schools had, in a few instances, been recognized as "public schools " in the eyes of the law-schools established by the Society of Friends and other sects being considered as "district schools," and granted their pro-rata use of the public funds and the privileges of the civil machinery .*
It was during this period also, and through Governor Noble's administration (1831-'37), that occurred the introduc- tion and most vigorous prosecution of the "Internal Im- provement System " of Indiana, which both made and bank- rupted the State-a movement, however, of the most dis- astrous immediate results to schools and the means of edu- cation. Governor Ray, in his annual message in 1827, commended the seminary at Bloomington and asked for a college charter, but made no mention of common schools. The like stricture applies to his three subsequent messages, and in substance to the first of Governor Noble (1831), which contained a sort of encomium upon education in about twelve lines, but neither suggested nor urged any educa- tional policy.
The year following (1832), however, the claims of educa- tion were given prominence and specific attention. The State had reached a population of over 400,000, and claimed 100,000 children of school age. Yet an insignificant num- ber only of these were in the schools, or in any way provided for. In the words of the message, "the State was without tangible resources for the accomplishment of their educa- tion." An amendment to the law was suggested, "so as to permit the minority to avail themselves of the corporate power (in congressional townships) when the majority re- fuse to levy tax for school purposes "; and an appropriation from the State Treasury recommended to be apportioned among schools already maintained for a minimum time. Nothing came of the suggestion, however.
Next to the serious and seemingly unmanageable defi-
* See Act of February 1, 1864, sec. 13.
1073807
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ciency of funds was an equally annoying lack of qualified teachers. Normal schools were yet unknown in this coun- try,* and institutions for general culture even, in the West at least, were few. The advantages afforded by existing colleges and schools were not easily or generally available. The State was overrun by educational transients and in- competents. There were few capable, and fewer yet trained to their vocation. "The want of competent persons to in- struct in our schools," said Governor Noble, "is a cause of complaint in many sections of the State. And it is to be regretted that in employing transient persons from other States, combining but little of qualification or moral charac- ter, the profession is not in the repute it should be." This was certainly a very guarded expression. But, with a view to the improvement of teachers as a class, he recommended + seminaries upon the manual-labor plan to prepare them; and, by applying the available Saline funds to one or more institutions, į organize classes to fit young men for township schools. With a like purpose in view, he also recommended a manual labor preparatory school added to the State Col- lege. Aside, however, from an occasional teachers' class among the better county seminaries, and similar work for a few terms in the State University, no systematic efforts were made to provide qualified teachers # for more than thirty years.
Not for eight years is mention again made in the official messages of the Governor of either the problem or the need of elementary education. But the law-makers themselves came from among the people, and the people were not wholly indifferent to the educational condition of their State.
* The first was established at Lexington, Mass., in 1839.
+ Message, December 3, 1833.
# By then recent arrangement certain of the New York academies were being so used-a fact that, perhaps, suggested the plan mentioned here.
# Concerning the early Hoosier teacher, see The Schools of Indiana, p. 13 et seq., and p. 53.
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On February 6, 1837, was approved a new and compre- hensive law, preserving in the main the leading features of the former one, the same officers with like functions and the same official terms. In addition to these and somewhat modifying their duties, the Circuit Court was to appoint annually three "examiners," whose duty it should be "to certify the branches of learning each applicant was quali- fied to teach," a service which had before fallen to the dis- trict trustees, and might yet be performed by them, with or without the co-operation of the examiners. School funds further could not be distributed except to such district as had "a school-house already provided (either built or adopted) of convenient size and with sufficient light, and so furnished as to render the teacher and pupils comfortable." Even then the money appropriation voted by the tax-payers themselves was limited to $50 to each house.
All of which, nevertheless, unsatisfactory as it appears to Indiana subjects of to-day, is an index of gratifying progress in two directions. First, there is a recognition of the fact, not before so clearly manifest, that any movement toward bettering the schools must primarily regard the improvement of the teachers. The law provided, as pre- vious acts had not, for a selective estimate and ranking of teachers, and, in theory, marked an advance. Practically, without doubt, there still remained much looseness. Exam- inations were formal, the examiners poorly fitted for their duties. The growing sentiment in favor of schools made a demand for more teachers than could be readily found. To meet the requirements as to number, the test easily became lax. Still it was a step in the line of a much-needed and elsewhere growing concession of public and legislative sen- timent regarding the importance of the teacher as a factor in education.
Furthermore, the legislation and public expression and official documents of the period show a growth in public confidence in the State control of education. Indiana had only been following in the footsteps of her sister and neigh-
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boring States in surrendering to the localities, the townships and the districts, large, frequently unrestricted privileges in the local control of school matters. A strongly localized administration of civil affairs was a legacy of the preceding generation, and a natural issue of the conflicts of the Revo- lution. In school control it led to the most irrational and unwarranted emphasis of individual and district rights, and their exaltation over community and general claims and the common good. The extreme non-interference of the State opened the way for diversified courses, uncertain school policies, arbitrary management, unequal privileges in the same township even, local evasions of the law, mis- management of the funds, etc. The train of evils was a long one.
The State had a school system upon the statute books for fourteen years, but really not a dollar could be spent for education during most of that period except by the consent of patrons. The Legislature was powerless to enforce its own laws in respect to schools. Ignorance and indifference and improvidence in not a few of the schools had the mas- tery. But both public sentiment and official papers, as well as legislative enactments, fifty years ago, were quietly and gradually admitting the wisdom of a more specific, central, and uniform control of even local interests, having so large general significance as the right training of the youth.
A part of the State's taxes might now be appropriated to the support of township schools; true, the use of the means was optional, but it was backed by the State, the aid of the latter being available only to supplement local effort. The revenue from the beginnings of the permanent fund furthered confidence in the State's good intentions. The law was mandatory upon school officials touching the ex- amination and employment of teachers. And before the middle of the next decade (1843) counties were made locally responsible for the school funds in their custody, and for the uniform and timely payment of interest thereon.
Looked at in detail, however, the results of the State's
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attempt at schooling were far from satisfactory. For twenty years statute had been added to statute, and the resulting school system was little more than a jumble of wheels within wheels. There was no school organization. There ' were few schools. The degree of illiteracy was alarming. It menaced the industrial interests, the social standing, and the political safety of the Commonwealth. One seventh of the population was illiterate. The State's system of in- ternal improvements had become a burden at home and a word of reproach abroad. In the effort to open up the State to profitable commerce, five and a half million dollars had been already expended, and the plan contemplated would require the investment of twelve to fifteen millions more. The State debt had reached more than eighteen millions upon a taxable property valuation of less than a hundred millions and a population of about 700,000. In the general confusion and the prevalent uncertain financial condition, the schools, naturally enough perhaps, suffered, not so much from neglect as from occasional unwise meddling. "It may be," said Governor Bigger,* "that a principal cause of failure (in establishing schools) is to be found in the fact that too much reliance has been placed in devising particular systems, which of themselves are ex- pected to produce the desired result without any reference to the peculiar state of society, or the means that can be commanded to carry out the systems." Are there funds," he questions, "in a situation to be applied as appropriated ? What amount can be relied upon ? and is the entire amount sufficient to answer any valuable purpose ? or is it necessary to make additions to the funds already designed, to aid in a compliance with the requisitions of the Constitution ?"
He very wisely reasoned that, until these matters should be ascertained, every system of common-school education must necessarily prove inefficient, and recommended the appointment of an agent to look into and report the general
* Message, December 7, 1841.
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condition of the school funds of the State-those "truly great and magnificent funds," of which his predecessor in 1837 had said they "need only a corresponding energy and foresight in the application of them to procure the happiest results-to carry the light of intelligence and the spirit of inquiry into every family circle in the State."
The legislation of these years was chiefly amendatory of the former, and in no respect suggested a larger or deeper insight into the conditions of the problem or its solution. It was provided (1841) that the householders of a district might, by a two-thirds vote, levy a tax to continue a school for more than three months, and that inhabitants maintain- ing private schools might, in the absence of public schools, draw their proportion of school funds. This latter was part of a policy of farming out the public revenues to individuals and corporations and religious bodies that was more or less common in certain of the older States in the last century, and while seemingly expedient then and there, and in Indiana a half-century ago, was destructive of every vestige of effort toward the maintainance of an organized and in- telligently supported system.
Every new enactment seemed only to complicate matters. Governor Bigger again, in his message the following year,* exhibited the deficiencies and contradictions of the existing provisions in a practical and emphatic way. In spite of much declamation to the people and organized effort in this respect, in the face of all that had been written and spoken and legislated in reference to common schools, he insisted that very little that was practical had been accomplished. " Our schools," he said, " are a mass of complicated statutory provisions, presenting difficulties even to the disciplined legal mind, which are almost insuperable to the ordinary citizen."+ After reminding the Legislature that, notwith-
* December 6, 1842.
t See the School Law as given in chap. xv of the Revised Statutes of Indiana for 1843.
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standing the legal requirements, the management and amount of the seminary fund was unknown to them, the Governor reported the surplus revenue distributed to counties as $723,346, the funds derived from the sale of school lands at $1,105,899, and the value of unsold lands about $425,000. And, further, while the available interest should be about $150,000, the amount actually distributed to counties was but $94,436, leaving a deficit of over $50,000 unaccounted for.
Further, he calls legislative attention to the fact that, with a school population of 237,143, but 111,465 were re- ported as the total enrollment in all the educational institu- tions of the State, leaving 125,678 children of school age unprovided for and unrepresented. But even this worst showing indicates growth. The culture forces were not wholly obscured. Forty-seven per cent of the children were reached. This was so much gain, and meant some sort of schooling for twice the proportion reached under the first school law (1824).
From this time, beyond mere technical changes, no modi- fications of note were made in the law concerning schools prior to 1848, if there be excepted the single provision in 1843, that the treasurer of the State should act as "superin- tendent of common schools."* The one duty of this new officer was to prepare and submit to the General Assembly an annual report containing: 1. The condition and amount of school funds. 2. The condition of the State University + and other colleges. 3. The condition of county seminaries. 4. The number and condition of common schools. 5. Esti- mates and expenditures of public school moneys. 6. Plans for the management of the school fund and the better organ- ization of the common schools. 7. General recommenda- tions.
* Suggested by the Governor's recommendation, 1841, see p. 39.
t The Indiana College had been reorganized and incorporated, 1838, as above.
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One peculiar clause of the School Code of 1843 was the stipulation * that "the counties of Clark and Scott should be exempted from the provisions of the chapter," and that the former law should remain in full force in those coun- ties. Most legislation of the time, particularly that con- cerning education, was partial, and its application by piece- meal. Exceptions were the law, and uniform law the ex- ception. Local preference, and individual convenience, and established custom, party or class sentiment and expediency, were too often allowed to dictate terms. The policy initiated the granting of numerous special charters and the incor- poration of individual schools and societies, and organiza- tions for industrial and social improvement, with independent rights, and large and not infrequently conflicting privileges, generally lending only confusion-incalculable confusion. In the eight years from 1837 to 1844, inclusive, the General Assembly had granted corporate powers to seminaries, liter- ary societies, local schools, private institutions and indus- trial bodies to the number of 400.+
CHAPTER V.
SEMINARIES AND ACADEMIES.
REFERENCE has already been made elsewhere ; to the constitutional provisions of 1816. Section 3, Article IX, of that document, includes the following paragraph concerning public seminaries : . " And for the promotion of such salu- tary end [a general system of education], the money which shall be paid as an equivalent by persons exempt from mili- tary duty, except in times of war, shall be exclusively and in equal proportion applied to the support of county semi-
* Scc. 142, chap. xv, Revised Statutes, 1843.
+ See Governor's message, December 2, 1845.
Į See p. 10.
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naries ; also all fines for any breach of the penal laws shall be applied to said seminaries in the counties wherein they shall be assessed."
This was an attempt, at least, to carry out the spirit of the "Ordinance of 1787," and was entirely in harmony with the constitutional and legislative movements of all the States during the period under discussion. Theoretically, the dig- nity and claims of education were not only conceded, but rec- ognized as determining factors in all legislation. "Schools and the means of education " were to be encouraged.
The first steps of any kind, looking toward public educa- tion, taken by the State after the adoption of the Constitution (1816), were incorporated in a law entitled “ An act respect- ing public seminaries, and for other purposes," approved January 26, 1818. The act comprised eight sections, and is known and cited as the "County Seminary Law of 1818."
In accordance with its provisions, the Governor of the State was empowered to appoint in each county a "trustee of seminary funds," whose duty it should be "to call at once upon, and receive from the county treasurer, and such other persons as have, or by law ought to have, any fines in his or their hands belonging properly to the county for the use of a public seminary therein, and place to the credit of said seminary."
The money was for many years loaned to citizens of the county, but in 1831 it was provided by the Legislature that the trustee might, at his discretion, loan to the county com- missioners instead, the term being limited to three years. The trustee was himself allowed a six-per-cent commission on all moneys handled. Fourteen years later, when the wealth of the State had greatly augmented and the labor of the office increased, though the seminary funds remained wholly inadequate, the fee allowance was reduced to three per cent.
It was further ordered, in the act of 1818, that trustees "should annually, within the first twelve days of the session of the General Assembly, transmit to the Speaker of the
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House of Representatives a certified list of all moneys by them received." Subsequently (1822) the report was made to the boards of county commissioners, in their respective counties, and thence forwarded to the House of Representa- tives ; but neither under these laws, nor any other for the next thirty years, was information had, either official or un- official, that discovered the actual condition of the semina- ries or their funds. The State's legislators either had no authority, or, having it, failed to exercise it ; the funds were loosely managed, the law concerning fines was evaded or ignored, few reports were made and fewer yet audited, so as to be trustworthy, and in 1842 the Governor was forced to admit that there was no satisfactory information of either the amount or the management of the seminary funds, both of which it was a part of their duty to know.
The next legislation of importance was " An act relative to county seminaries," approved January 31, 1824, and was designed to realize the provisions of the law of 1818. Funds had been accumulating for six years-at least, it was sup- posed to be so, and was true theoretically. But there were no seminaries.
It was provided that when the available funds should amount to $400 (later made $500) the commissioners in each county, or, after his appointment, the seminary trustee, should proceed to the erection of a building. The lot was sometimes donated by an individual citizen, public-spirited and far-seeing, or provided by the town, the citizens fre- quently supplementing the building funds by subscriptions of labor or materials or money, or all of them. The State's contribution to education for many years was never more than a nucleus about which gathered generous, self-denying, public-spirited, individual effort.
The houses were generally substantial two-story struct- ures, well built (many of them remaining to the present day), with three or four rooms, and, for the time and con- ditions, conveniently arranged. They were the educational centers of the county, about which gathered all enterprises,
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