USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume Three > Part 7
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In 1895 the legislature passed an act classifying high schools and requiring that at least one teacher of advanced scholarship should be employed in every such institution receiving aid from the State. In 1901 fifty thousand dollars were set apart to aid in the establishment and maintenance of township high schools during the two ensuing years, and under this stimulus high schools are springing up in rural districts. Laws have also been passed to provide for the transportation of pupils and for the centraliza- tion of schools. On account of poor roads, irregular township lines and the lack of system in planting homes in early days, many difficulties have been encountered in the consolidation of schools, especially in mountainous districts, and it is still a question whether centralization will be as practicable and popular in Penn-
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sylvania as in other States where the idea has been carried into effect and found advantageous.
Higher Education .- The freedom of thought and liberty of conscience for which William Penn provided in his colony opened the door for the entrance of men of science from the Old World. Hither Dr. Priestley fled for refuge, and Voltaire cast longing eyes when persecuted and exiled from home. On Pennsylvania soil was found in the person of Peter Miller, prior of the monastery at Ephrata, the scholar learned enough to translate, in response to the request of congress, the Declaration of Independence into seven European languages. In Pennsylvania Franklin made his wonderful discoveries, and Rittenhouse made his famous observa- tions of the transit of Venus. In Penn's territory Bartram founded the first botanic garden in America. Here Muhlenberg, the botanist, did his work, and here, too, Wilson, Audubon and Nut- tall found inspiration for their scientific pursuits. In Philadel- phia lived Benjamin Rush, the surgeon-general of Washington's army and the founder of medical study in America. Largely through his efforts the University of Pennsylvania and the col- leges at Carlisle and Lancaster were established. In Germantown Christopher Saur printed the Bible in German. Next to Eliot's Indian Bible, Saur's Bibles were the earliest printed in America. The printing of books was also carried on at Ephrata. Prior to the Revolution more books were printed in Pennsylvania than in all the other colonies combined. It was natural for men like Rush, Franklin and Dickinson, and for educated clergymen like the Muhlenbergs, to lay stress upon higher education. Henry Mel- chior Muhlenberg, the pioneer and organizer of the Lutheran church in America, sent his sons to the University of Halle to be educated. One of them, Frederic Augustus, became speaker of the first and the third House of Representatives under the federal constitution. Another, John Peter Gabriel, became major-general in the Revolutionary army, and a senator of the United States. His statue now stands in the rotunda of the capitol at Washington. A
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The Educational System
third son, Gotthilf Henry Ernst, did work in botany that never will be forgotten.
The expense of a journey to the seats of learning in the Old World, and the hardships connected with a sea voyage in those days, caused the need to be felt of an institution of learning nearer home. The academy out of which has grown the University of Pennsylvania was founded at Philadelphia before the middle of the eighteenth century. It was chartered as a college in 1755. Dur- ing the Revolutionary war it passed through strife and storm. For a time two rival organizations struggled for its rights and prop- erty. In 1791 the struggle was ended by an amicable union, each organization contributing twelve members of its board to form a new one, which was then incorporated and vested with the rights and properties of both under the name of the "Trustees of the Uni- versity of Pennsylvania." In 1800 the trustees bought the build- ing which the State had erected for the president of the United States at a time when it was thought Philadelphia would be the permanent capital of the nation. An additional building was erected for the medical department in 1807. In 1829 these build- ings were replaced by two separate but similar buildings, which were occupied until 1871. With the election of William Pepper an era of expansion was begun and the University was transferred to new quarters in West Philadelphia. The institution now counts its buildings by tens, its professors by hundreds, its students by thousands, and its endowment by millions. It maintains depart- ments for the study of philosophy, law, medicine, dentistry and veterinary medicine, as well as departments for instruction in the arts and sciences. It offers courses in finance, music, architec- ture, and in mechanical, electrical, chemical and civil engineering. It also offers courses for teachers, and the chair of pedagogy is filled by Dr. M. G. Brumbaugh, late Commissioner of Education in Porto Rico.
Pennsylvania has two metropolitan centres of population, one at the confluence of the Schuylkill and the Delaware, and the other
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where the Monongahela and the Allegheny form the Ohio. The former points with just pride to five great schools of medicine, four schools of pharmacy, the Girard College for orphans (named after its founder, Stephen Girard, and now the wealthiest institu- tion for orphans in the world), and the Drexel Institute, founded by Anthony Joseph Drexel and now one of the foremost schools of its kind in America. At the other centre a similar institute is to be founded through the munificence of Andrew Carnegie. Here, also, has grown up an institution known as the Western University of Pennsylvania, comprising departments of art, sci- ence, law, medicine, dentistry, and pharmacy. Its history dates back to the eighteenth century. After passing through fire and other misfortunes it has now the second largest attendance in the State. Under its auspices Professors Langley and Keeler made their celebrated discoveries in astronomy.
Three other institutions have a historic connection with schools founded in the eighteenth century. After the Revolutionary war had been brought to a close it was felt that the youth of an inde- pendent nation should be educated in an atmosphere of liberty, and to this feeling is ascribed in part the movement to establish the college at Carlisle. It was named in honor of John Dickinson, governor of Pennsylvania at the time, "in memory of the great and important services which he rendered to his country," and "in commemoration of his very liberal donation to the institution." The early history of the college was full of trials and vicissitudes, yet it has given the nation many distinguished men, including one president of the United States, five cabinet officers and fifty judges. In 1833 it passed under the control of the Methodist church. The patronage received from that denomination has made it one of the flourishing colleges in the Commonwealth. It maintains a school of law which dates from 1834, and which was re-established in 1890. It was one of the very first to in- augurate the privilege of electing laboratory work for the Greek of the junior year and for the Greek and Latin of the senior year.
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John Andrew Shulze
Clergyman; elected to the Legislature, 1806; and again, 1821; State senator, 1822; governor, 1823-1829
The Educational System
To provide for the education of the people of German extrac- tion a college was chartered by the general assembly on March IO, 1787, and named after Benjamin Franklin. Fifteen of its trustees were to be chosen from the Lutheran church, fifteen from the Reformed church, and fifteen from other Christian de- nominations. It did not develop into a regular college until its union with Marshall College in 1852.
Still another flourishing college of the present day may be said to have a historic connection with the eighteenth century. The early settlers of Washington county were firm believers in higher education. It is related of the wife of Rev. Joseph Smith that she gave up for school purposes the log cabin which had been added to the house as a kitchen, and with restricted facilities for cook- ing she undertook the task of boarding the students. In time the academies at Canonsburg and Washington were founded. They developed into rival colleges, but were consolidated as Washing- ton and Jefferson in 1865. Including the alumni of the two when they were separate institutions, this college takes foremost rank in the number of students it has graduated from the regular four years' courses.
Previous to 1874 charters giving power to confer academic degrees were freely granted by the legislature to corporations un- der the various names of university, college, academy, seminary, high school and institute. More than one hundred and twenty schools were chartered in this way, but less than twenty-five have developed into regular colleges. The majority of them grew weak from excess of number, and the usefulness of each was more or less hindered by the want of money. In early days the State made gifts of land and small sums of money for the founding and maintenance of some of these schools, but the lack of available funds in the State treasury, due to extensive internal improve- ments, made liberal appropriations impossible, and it was not until after the close of the Civil war that adequate aid was given to any of the regular colleges in Pennsylvania.
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In this connection the names of many donors deserve special mention. Ario Pardee gave Lafayette College various sums ag- gregating a quarter of a million dollars. It also received $150,- 000 from the Fayerweather estate, and the total value of the col- lege property now exceeds one and one-half million dollars. Asa Packer, who in 1865 founded Lehigh University by a gift of a half
"Hazel Dell," Bayard Taylor's boyhood home
Near Kennett Square. Engraved for this work from negative by D. E. Brinton
million dollars, gave that institution the total sum of three million dollars. Joseph Wharton has given half a million to the Univer- sity of Pennsylvania for its school of finance and political econ- omy. Provost C. C. Harrison has given a like amount to the graduate department, as well as other large donations for equip- ment and support. William Thaw gave $100,000 toward the permanent endowment of Western University. Richard T. Jones made Haverford College residuary legatee to his entire estate, by means of which its endowment fund and other property has in- creased in value to $2,000,000. Dr. Joseph Wright Taylor
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founded Bryn Mawr College by his magnificent donations, and John D. Rockefeller has since given the same institution a quarter of a million dollars. William Bucknell, after whom the univer- sity at Lewisburg is named, gave $165,000 for its endowment, $20,000 for scholarships, and provided additional funds for the erection and equipment of an astronomical observatory, chemical laboratory, chapel, cottage for young men, cottage for young women, and the endowment of prizes in the Ladies' institute. A. J. Drexel gave morethan four millions to found and endow the insti- tute of art, science and industry named after him. A. Louis Thiel, after whom the college at Greenville is named, gave more than seventy-five thousand dollars to that institution. Andrew Car- negie has offered the State College $100,000 for a library, and Mr. and Mrs. Charles M. Schwab have given a similar amount for a chapel. At the recent centennial of Washington and Jefferson College President Moffat announced gifts aggregating over $400,000. Of this amount J. H. Wallace of New York gave $III,000, J. V. Thompson of Uniontown $100,000, and William . R. Thompson of Pittsburg $50,000.
A long list of names would not exhaust the roster of donors who have given sums ranging from ten thousand to one hundred thousand dollars for the benefit of institutions of higher educa- tion.
Under the constitution of 1874, gifts by the State are impos- sible except to undenominational colleges. The zeal of religious societies or denominations has been the hope of all the colleges which emphasized the regular classical course. The Presby- terian church builds colleges instead of cathedrals, and now sup- ports two large and flourishing colleges, Lafayette, at Easton, and Washington and Jefferson College, in the western part of the State. Westminster, Geneva and Waynesburg Colleges were founded by and derive their support from various organizations of Presby- terians. The adherents of this denomination were also quite active in the founding of Dickinson College at Carlisle, and of
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Allegheny College at Meadville, which were at first undenomina- tional but subsequently passed under the control of the Methodist church. Lincoln University ( for colored students ), at Oxford, is also largely supported by Presbyterians. The Lutheran church supports colleges at Gettysburg, Allentown, Greenville and Selins- grove.
Of the institutions chartered under the auspices of the Re- formed church only two have been maintained as regular colleges, Franklin and Marshall at Lancaster, and Ursinus at Collegeville.
The United Brethren have built up a college at Annville, and the United Evangelical church has consolidated its two colleges into one institution, which is not yet permanently located, but occupies temporary quarters at Myerstown.
The two branches of the Society of Friends (Orthodox and Hicksite) support the flourishing colleges at Haverford, Swarth- more and Bryn Mawr. The last is for women and maintains high standards of admission and graduation.
The German Baptists have developed a regular college at Huntingdon, known as Juniata College. The largest and best known Baptist institution in the State is Bucknell University, at Lewisburg.
Grove City College, owes its existence largely to the perse- verance of President I. C. Ketler, Ph. D.
The Catholic church aims to build both colleges and cathedrals. Her colleges at Villanova and Beatty, as well as others, are taking prominent rank in scholarship and efficiency.
Of the colleges for women, Bryn Mawr ranks with the best in the land. The Pennsylvania College for Women at Pittsburg, Wilson College at Chambersburg, Irving College at Mechanics- burg, and the Allentown College for Women, are steadily growing in strength and efficiency and by their work have demonstrated the usefulness and value of institutions of their special class.
The movement for co-education has made its way into all but six of the protestant colleges of the State which originally were
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established for young men. Some of the colleges were founded to prepare young men for study in the theological seminaries. Of the latter thirteen are now maintained in the State.
To give a detailed history of the colleges and professional schools would fill many volumes. Brief histories to the close of the nineteenth century are given in the third biennial report on higher education, published under the direction of the College and University Council, and in the series of monographs issued by the United States Bureau of Education.
The State College .- The legislature has made appropriations at various times to aid colleges and academies, but not in large amounts except to hospitals attached to schools of medicine. Another exception is to be noted in the maintenance of the State College, originally chartered as the Farmers' High School of Penn- sylvania. It struggled under various administrations until Dr. George W. Atherton became president. Largely through his ef- forts the federal Congress passed acts securing to the land-grant colleges fixed revenues, and pledging the States accepting the same to erect the necessary buildings. As a consequence the legislature has been more liberal; the college has grown remarkably in equip- ment, buildings, in the number of students and professors, and now takes rank with the best schools of agriculture and technol- ogy.
Degrees .- The practice of granting charters, with power to grant degrees, to persons making application multiplied the col- leges until they became weak from excess of number. After pro- vision had been made for the recognition of college degrees by the issue of teachers' permanent certificates to graduates who had taught three years, there was a temptation for every little school to apply for the power to confer academic degrees. A number of small schools issued advertisements to attract students, and one of them offered to confer the degree of A. B. on a basis below the entrance requirements of reputable colleges. On the authority of a decision of the Supreme court handed down in 1838, the attor-
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ney-general informed the superintendent of public instruction that he was not required to grant without examination permanent cer- tificates under the act of 1893, except to graduates of colleges legally empowered to confer degrees, and that the general incor- poration of a literary institution under the act of 1874 did not legally invest it with that right. At the next session of the legis-
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John Brown Tannery
New Richmond, Crawford County; built 1826; still standing
lature a college and university council was created to check the in- discriminate chartering of schools with power to confer degrees, by establishing a minimum in property and faculty as a condition of the granting of such powers. Under the operation of the coun- cil, whose work has been mainly of a negative character, the col- leges have been growing in strength and attendance, as well as in the standards of admission and graduation, which are now en- forced.
The standards of the colleges of medicine, dentistry, pharmacy and veterinary medicine have been raised and the courses of study have been lengthened through the creation of State examining
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boards, who are empowered to examine graduates and grant licenses to practice the professions for which the above named in- stitutions are established.
The Outlook .- In view of the struggles and triumphs of the past, the present outlook is encouraging. With an organized sys- tem of public schools in every township, with well paid and effi- cient officers to supervise the schools, with thirteen Normal schools, and several training schools for the preparation of teachers, with mining, factory and compulsory attendance laws to secure to every child its right to grow and to know, with a high school system forming a connecting link between the common school and the college, with free text-books and supplies for all pupils in all grades of the public schools, with special schools for orphans, for the blind, the deaf, and for the feeble-minded, with well-endowed technical schools and other institutions of higher learning, with a thirteen-mill limit of taxation for maintenance and a like maximum for building purposes, with a minimum term of seven months, and with the way open for free libraries and cen- tralized schools in our townships, as well as in our cities, the schools, colleges and universities in Pennsylvania can be made to furnish all the education that students are willing to receive. As in the past, the future efficiency of the system will depend upon the will of the people. The schools can never be made better than the people want them to be, nor can they long remain below the de- mands of public opinion. The appeal to public opinion is the final resort of the educational reformer and the advocate of good schools. As soon as parents realize that the best in education is not too good for their children, they will demand and receive the best, and no person will assume to use the school as a means of promoting personal profit or personal ambition. This goal looms up in the distance as the haven towards which the public school system is steadily moving.
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CHAPTER II.
THE JUDICIAL SYSTEM
T HE statement is frequently made that the judicial system of Pennsylvania is largely derived from the common law of England. In many respects this is true, but a close study of the history of the laws and judicial practice of this Commonwealth will reveal the fact that they are in great measure an original growth and differ materially with the older system of England. The latter prevailed to a great extent under the proprietary gov- ernment from the time of Penn's accession to the adoption of the first constitution in 1776, when it was slightly modified. The constitutions of 1790 and 1838 enlarged and more clearly de- fined the powers of the courts, but in 1850 an amendment to the judiciary article of the constitution of 1838 deprived the gov- ernor of the appointing power, and thenceforth all the judges, even of the court of last resort, were elected by the people. With this radical departure was swept away the last connecting link between the purely political and the judicial powers of the Com- monwealth, and the latter was thereupon established as a co- ordinate department of State government.
In the early history of the colony the Governor was in effect the maker and enforcer of the laws, and the execution of the English and colonial statutes rested with him, as did the exercise of the royal authority in the province. But Penn appears not to have made immediate use of the power vested in him under his charter, and even recognized and for a short time continued
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The Judicial System
in force the Duke of York's laws which prevailed at the time of his accession. Under the charter the governor, or his deputy, was empowered to make and execute the laws, establish courts of justice and appoint judges, grant pardons and reprieves, issue process, and try and determine all causes of whatever nature, subject only to the superior authority of the crown. Penn's love of peace impelled him to oppose all proceedings that savored of litigation among the colonists, and he is said to have appoint- ed "peacemakers" who acted as arbitrators and possessed some of the powers of judges. For those who would practice as at- torneys he had little regard and opposed their aspirations with discouraging restrictions in prohibiting the right to exact fees (retainers) from clients, and he also restricted the issue of pro- cess until the persuasions of the peacemakers had been tried and exhausted. Nevertheless, the Provincial Council was clothed with judicial powers and was presided over by Penn himself, or his deputy.
The first exercise of judicial authority over any part of the territory now comprising this State was that established in 1642 by John Printz, the Swedish governor at New Gottenberg (Tinicum), who gave direction to his judges to administer law and decide all controversies and disputes in accordance with the laws and customs of Sweden. The seat of justice was removed to Upland (now Chester) about 1662. Upon the Dutch succes- sion in 1655 and the English in 1664, the magistrates were con- tinued in office, some of them holding until Penn's accession.
The Duke of York's Laws, or "The Duke's Laws," as more commonly known, were framed for the government of the col- ony of New York soon after the grant ( 1664) from Charles II. to his brother James, the Duke of York, and were molded after the laws then in force in England. So far at least as related to the affairs of government in Pennsylvania, the courts estab- lished under the Duke's laws, with a single exception, had little influence in the organization of the judicial system of the Com-
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monwealth in later years. The exception referred to was the County courts, organized in 1673, one of which was provided to be established in each county, with power to hear and determine all issues when the amount involved was under twenty pounds, without appeal, and to have "exclusive jurisdiction in the admin- istration of criminal justice, with appeal in cases extending to life, limb and banishment to the Court of Assizes in New York." This court was continued by Penn and was the popular tribunal of the province until the formal reorganization of the judicial system under the act of May 22, 1722.
Sessions of the County court were held by justices of the peace appointed by the governor, with jurisdiction at times lim- ited to the county within which they lived, and in other cases extending throughout the province, but in all cases these ap- pointments were made to suit the convenience of the executive. Attendance by the justices was compulsory, under penalty of punishment by fine. In the performance of their duties the jus- tices were frequently assisted by the governor or his councillors and the judges of the Provincial court, all of whom were jus- tices of the peace by virtue of their higher official station.
In 1683 the civil jurisdiction of County courts was first de- fined, but afterward the powers of its justices were enlarged, and they were frequently called upon to perform duties which were not consistent with the dignity of their office, all of which gave rise to expressions of dissatisfaction. In 1684 each Quar- ter Sessions of the County court was made a court of equity in addition to its former duties. The law establishing this court was re-enacted in 1694, but the exact nature and scope of the powers thus conferred never have been fully understood.
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