1857.

No. 3.

[No. 3.]

REPORT of the committee on Public Instruction, relative to the report of the Superintendent of Public Instruction, and so much of the Governor's Message as relates to the subject of Education.

Your committee on Public Instruction, to whom was referred the report of the Superintendent of Public Instruction, and so much of the Governor's Message as relates to the subject of Education, have had under consideration those portions of both these documents which recommend the establishment of free schools for the term of three months in each year, and ask leave to submit the following report:

The Constitution of the State, Art. 13, Sec. 4, contains the following provision:

"The Legislature shall, within five years from the adoption of this Constitution, provide for and establish a system of Primary Schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the State; and all instruction in said schools shall be conducted in the English language."

The Constitution was adopted on the first Tuesday of November, 1850; and as the five years are expired, it is not in the power of this Legislature to carry out this provison. Consequently they are absolved from the obligation so to do. Our predecessors must answer for themselves for their own delinquencies. It was in the power of the Legis

ture of 1851, 1853, or 1855, to carry out this provision. But nothing whatever is therein demanded of the Legislature of 1857.

Whether or not we shall proceed to enact such a law as the Constitution required of those who preceded us, is with us an original and open question. The Constitution undoubtedly allows us to do it; but it lays upon us no commands.

Your committee, upon the fullest consideration which they have been able to give to the subject, deem it inexpedient to pass any law at the present time for the establishment of free schools, for reasons which we will briefly submit:

1st. They are of the opinion that a three months' school within the year is not adequate to the wants, nor in accordance with the wishes of the great majority of the people of the State, and yet we apprehend that in very many districts if they were required to sustain such a school "without charge for tuition," they would either have none at all, during the remainder of the year, or at best one that would be very poorly sustained, and very onerous upon the few who would be compelled to bear the burden. Your committee would be glad to see a free school sustained in every district in the State for nine months in the year. But they do not think that the time has come when the people would generally sustain a law requiring this. In many districta, schools are now sustained eight or nine months; and the practical results of a law requiring a free school to be sustained for even six months in the year, would be that in these districts they would have six months' schooling only, where now they have more. Thus your committee are of the opinion that any law which could be passed by this Legislature would diminish, rather than increase the amount of schooling now enjoyed by the children of the State.

2. We believe that the bearing of such a law would be particularly disastrous to the Union Schools in the different parts of the State. They are now generally sustained for ten months in the year; and many of them are enjoying a high tide of prosperity. The rate bills are cheerfully paid, and the schools are well attended throughout the year. A law requiring a free school for three or six months, would, during that period flood these schools with a larger number of pupils than could be taught to advantage, and leave them to pine or compel them to be discontinued for the rest of the year. And either result would

give these valuable schools so severe a shock that the whole system must be speedily abandoned.

3. We believe that, with the constant increase of the primary school fund from its present sources, and with the assistance which may be derived from the proceeds of the Swamp Lands, a liberal portion of which we trust will be appropriated to this department of education, the time is not far distant when free schools may, without a too heavy tax upon the property of the State, be sustained for nine months in the year instead of three. Until that time comes, your committee believe that the law should remain substantially as it is at present, subject only to those slight modifications which may hereafter be submitted.

4. There is another consideration that your committee cannot overlook. And that is, that so far as appears, the people are generally well satisfied with the present arrangement. The last three Legislatures upon whom the Constitution devolved the duty of establishing the threemonths' free school system, neglected to perform it; and yet there is not, so far as your committee know, a single petition before either branch of the Legislature, asking for the inauguration of such a system. And the personal observation of the members of your committee confirms the presumption which is thus made out, that the people do not, at the present time, demand a radical change in our present law.

For these reasons your committee respectfully beg leave to report that in their opinion the time has not yet arrived for the establishment in this State of an efficient system of free school instruction; and ask to be excused from the further consideration of the subject.

E. B. FAIRFIELD,

Chairman.