obnoxious to a portion of our fellow citizens. But the the work of instruction, go into the several school disparamount importance, and indeed absolute necessity tricts where their services may be required, and with of a local supervision of our schools independent of that but few exceptions, diligently devote themselves to the of the Town Superintendent, and comprehending a business of teaching as a permanent profession. It is wider and higher sphere, is so manifest to the Depart- difficult to estimate the value of the services thus renment, and so clearly demanded by the friends of educa- dered by this Institution, in elevating the standard of tion throughout the State, that the Superintendent deems qualification of teachers of our Common Sch ols, in it his duty earnestly to press the subject upon the favor- diffusing over the entire surface of the State, a higher able consideration of the Legislature. He would re-appreciation of the work of education, and in enlisting spectfully suggest the expediency of electing, once in a deeper feeling in behalf of our elementary institutions three years, by the popular vote at the annual election, of learning. The permanent footing on which it is now a Superintendent for each Assembly district of the State, placed, is a matter of sincere congratulation to every whose duty it should be periodically to visit and exam- friend of education. School Architecture. ine the several schools in his district, to inspect and license teachers, to hear and pass in the first instance. upon all appeals originating within his district, subject to the final revision of the State Superintendent, to receive, condense and transmit to the Department, the reports of the several Town Superintendents of his district, and generally to discharge such duties as may, from time to time, be required of him by the Legislature and the Department. His compensation should be fixed by law, and paid from the unappropriated revenues of the Common School fund.

Teachers' Institutes.

There is reason to believe that a diminished interest has been manifested during the past year in reference to these valuable agencies for the improvement and in

struction of teachers of our Common Schools.

The

The Superintendent is gratified in being able to state that through the liberality of one of our philanthropic citizens, James S. Wadsworth, Esq., a copy of the valuable work on School Architecture referred to in the last annual report from this Department, by the Hon. Henry Barnard, late Commissioner of Public Schools of Rhode Island, and now State Superintendent of Connecticut, has been forwarded to the town clerk of each town in the State, for the use of the various school officers of the town, who may have occasion to consult the same. The subject of School Architecture is rápidly assuming that high appreciation which it deserves; and the varied experience and undoubted abilities of Mr. the utmost regard. If a copy of this excellent work Barnard entitle his suggestions and recommendations to could be placed in each of our school district libraries, there is no reason to doubt the expense would be a a thousand fold compensated by the increased convenience, elegance and beauty of our numerous school houses.

School Journal.

an expenditure

appropriation made by the State for the purpose of defraying the individual expenses of the Institutes, and for encouraging their organization at stated intervals, is believed to be quite inadequate to the accomplishment of these desirable objects. Liberal inducements should, Nearly two hundred thousand dollars is, as will be in the opinion of the Superintendent, be afforded to the maintenance and support of these institutions. As effi- seen by reference to a former part of this reportcient practical auxiliaries to the State Normal School, annually raised by direct taxation throughout the State for the single purpose of building school houses. It is they exert a powerful influence in the suitable prepara- obvious, therefore, that the best interests of the setion of teachers for the discharge of the high and re-veral districts, in a strictly economical point of view, teachers of the highest grade of qualification, is too of this fund, as would be most in accordance with the meagre to justify them in incurring the expense incident judgment and experience of those who have familiarto the organization and support of these Institutes, from ized themselves with this department of Architecture. their own resources. A sound and enlightened policy would prove invaluable to the several districts. In this respect, such a work as the one referred to, on the part of the State demands that every needful encouragement should be bestowed upon these voluntary efforts of teachers of our Common Schools, to improve and extend their qualifications. The term of instruction in these institutions might profitably be extended to one month, each spring and fall; and the amount apportioned from the funds of the State be so far augmented as to enable the advisory committees to secure the services, during these periods, of the most competent and experienced instructors. Graduates of the State Normal School residing or located in the several counties where Institutes are held, might also be required to attend upon their sessions without charge, where they could do so without infringement upon other and paramount claims upon their time. Such a requisition could not be deemed unreasonable, upon those who have enjoyed the ample facilities afforded by the State, in the Normal School; and would, it is believed, be cheerfully respon ded to by them.

The institutes, when once organized, should have power to adjourn from time to time, and thus keep up their existence, without the necessity of any exterior action.

Normal School.

This Institution is steadily progressing in usefulness and popular favor. During the past year a large and commodious edifice has been erected for its use, from the funds appropriated for that purpose by the Legislature, at its last session; and between four and five hundred pupils from every section of the State, annually avail themselves of the valuable course of instruction there communicated. At the expiration of their respective terms, these pupils, thoroughly prepared for

The renewal of the annual appropriation for a monthly periodical exclusively devoted to the subject of Education, and which shall serve as a medium of communication between this department, and the officers and inhabitants of the several school districts, is respectfully recommended.

The School Law.

By the eighth section of the "Act for the establishment of Free Schools throughout the State," all laws and parts of laws inconsistent with the provisions of that act, other than those relating to free schools in cities, are repealed: and by chapter 388 and chapter 382 of the Laws of 1849, several essential alterations were made in the school laws as codified by the act of 1847, amending and consolidating the several provisions of the Revised Statutes, relating to Common Schools. The existing statutes, afford, therefore, a very imperfect guide to the inhabitants of school districts, and the several officers charged with the local administration of the system, and it is very desirable that those portions of the acts referred to, which are still in force and unrepealed, should be re-enacted and consolidated in one general statute, together with such amendments as the Legislature at its present session may see fit to adopt; and that the Superintendent of Common Schools should be authorized to prepare a copy of the same, together with such instructions and forms, for the guidance and information of the officers and inhabitants of the several districts, as he may deem expedient and necessary, and cause the same to be distributed throughout the State, and placed in the several district libraries.

Free Schools.

ad thes

as

to raise the requisite amount on their own authority, for The adoption by the people of the "Act for the es- thereafter to resort to the system of rate bills. The nethe maintenance of the school for four months, and tablishment of Free Schools throughout the State," and the consequent incorporation of its provisions into the cessity, also of providing by district taxation for the statutes of the State as a portion of our Common School payment of the wages of teachers, falling due subsesystem, constitutes a new and interesting era in the his- quently to the period when the new law went into tory and progress of that system. Every child between operation, although for services in great part rendered the ages of five and twenty-one, residing in the State, previously, adds to the embarrassments, and increases is entitled to free and gratuitous education in the Com- the burdens of many of the districts. These, with mon Schools now established, or which may hereafter various other difficulties, incident to the organization of be established in pursuance of law, and the expense of a new and hitherto untried system, can scarcely fail of such education beyond the annual appropriations from exerting an unfavorable influence upon its operation the revenue of the Common School Fund, and the during the first year of its administration. The belief amount required by law to be raised by the respective is, however, confidently entertained that as soon boards of Supervisors upon the taxable property of the these preliminary and unavoidable embarrassments are several towns and counties of the State, is to be provi- duly raised in the several counties of the State, in accorsurmounted, the requisite amounts of public money ded by taxation upon the real and personal estate of the inhabitants of the respective school districts. Whatever dance with the provisions of the new law, and the differences of opinion may exist in reference to the sound judgment of the inhabitants of the several disparticular mode of levying the tax thus authorized for tricts brought to bear upon the policy, the objects and the universal and free education of the youth of the the design of the law, no obstacles will be interposed State, the great principle that elementary instruction into its healthful and invigorating action. If experience our public schools, shall from henceforth, be free to all, fection is the attribute of no human institution, howevshall discover defects in any of its provisions-and perwithout discrimination or restriction, has been definitively settled, and may be regarded as beyond the reach er carefully devised-the legislature will, doubtless, of controversy. The current of public opinion has long It is, however, due to the enlightened policy which promptly and cheerfully apply the necessary remedy. been tending towards this point, and in various sections of the State, including most of the cities and several of dictated the law, and to the clear and unequivocal exthe large villages, ample provisions have, at different pression of the popular will which has sanctioned its periods, been made for the free and gratuitous education enactments, that it should have a fair opportunity of of the young. Wherever the system has been put in developing its capabilities, as it has been adopted, beoperation, its results have signally vindicated the en- ted; and those of our fellow-citizens who, by their fore any material change in its features shall be attemplightened policy by which it was dictated and gladdened the hearts and excited the highest hopes of the philan- votes have given validity to its provisions as they exist, thropist, the statesman and the Christian. It remains owe it to themselves, and to the cause of education, only that the efficient co-operation of the inhabitants cordially and cheerfully to unite in carrying those pro and officers of the several school districts be secured in the most favorable results. Having by their united visions into effect, in the mode best adapted to secure carrying into practical effect the provisions of the new system, to diffuse throughout every section of the State action placed at the disposal of every chi of suitable the inestimable blessings of a education. age residing in the State, they are bound by every conThe late period in the year. at which the new law sideration of public duty and private obligation to renwent into operation, has precluded the possibility of any der the invaluable boon thus conferred upon the rising action on the part of the board of supervisors of a large generation, fully attainable and efficient. The necessity proportion of the counties, in reference to the raising for any subsequent amendment or alteration of the law, of the additional amount of public money required by if any such necessity should exist, can be adequately its provisions for the support of the schouls during the manifested only, by a faithful adherence in the first inensuing year, and thereby an increased burden of taxa-stance, to its provisions as they are; by which alone a tion might at first view, seem to be east upon the inhabi- fair test can be afforded of its practical utility. tants of the several districts. In several of the counties, however, the necessary appropriation has been already made; and inasmuch as in the residue, the required amount, whether levied by the action of the board of supervisors and collected by the town collector, or raised by a district vote and levied by the trustees, will be equally apportioned upon the taxable property of those who are liable, and may therefore, as well be paid in one form as the other, no permanent or serious inconvenience can possibly ensue. The transition from the former system to the new, will of course. be attended in its first stages with considerable difficulty and embarrassment; and it is to be apprehended, that in very many of the districts, the means of supporting the school for a longer period than four months will be withheld, either from the disinclination of a majority of the legal voters to impose an amount of taxation on themselves, beyond that which the law absolutely requires, without regard to the interests and welfare of the schools, or from mistakeu views of the legal effect of their refusal to vote the requisite supplies for a longer period. In many sections of the State, the opinion is very prevalent that the omission of the Board of Supervisors to raise the additional amount of public money required by the new law, discharges the inhabitants of the respective districts from all obligations to proceed under that law: in others it is supposed that in the absence of any vote of the district authorizing a tax for the support of the schools, Trustees will be at liberty

be freely

If, however, it should be deemed expedient to make any alteration in the law, at the present session, the extension of the term of instruction from four to eight months, where the inhabitants refuse to vote the necessary estimates for the support of schools for that period, is respectfully recommended.

In view of the important principle engrafted by the new law upon our system of public instruction, it may not be inappropriate, in concluding this report, briefly to examine the object, aim and ends of that Common School education which has been secured to every future citizen of the State; what is its design and scope; and what it may reasonably be expected to accomplish in the suitable preparation of those who are to participate in its advantages, for the active duties and responsibilities of life. There is great danger, on the one hand, that the friends of popular education may place the standard of practicable attainment, in our Common Schools, too high, and expect from them more than under the most favorable auspices, they are capable of accomplishing; and on the other, that through the apathy and indifference of portions of the people, and a failure on the part of those most interested, to secure the highest attainable grade of ability in the employment of teachers, these elementary institutions may be left to languish and to fall behind the intellectual and moral requirements of the age. It must be kept in view that the Common School is, after all, but the portal to the great temple of education: that the founda

tions only, of knowledge, are here to be laid, and not the superstructure itself erected. But it should also be remembered that these foundations, if durably and comprehensively, laid, may be made to support the noblest and most imposing fabric of human greatness; if defectively and wrongly, that the inevitable result will be a distorted, imperfect, or vicious character.

means provided by the beneficence of the State and authorized and required to be raised by county, town and district taxation, are abundantly adequate to the accomplishment of this object; and there can be no good reason for the failure, in any instance, to place the district school upon a footing of equality, at least, with the most favored private or corporate institution 1. To enable our Common Schools adequately to ac of learning. Moreover, it is most in accordance with complish the objects for which they are designed, it is the evident scope and design of all our republican inin the first place indispensably requisite that they be stitutions, that each of our future citizens shall parfurnished with teachers of the highest practicable grade ticipate equally, in all respects, in the facilities afforded of qualifications. To this end, teaching must itself be by the laws for elementary instruction; and it is not elevated to the rank of a science; and the work of ele- to be disguised nor denied that the distinction heretomentary instruction be committed to the hands of those fore existing between public and private schoolsonly who have prepared themselves for its proper per- between the common and the select school, has opeformance by a thorough course of intellectual and moral rated injudiciously as well to the development of charculture. Normal Schools, Teachers' Institutes and Ac-acter as to the opportunities afforded to those in attenademical Departments, for the preparation of teachers, dance upon them respectively, for future usefulness should be liberally encouraged and sustained, both by and success. The withdrawal from the Common the Legislature and the people, as efficient instrumen- School of those children, whose parents have been in talities for supplying this important course of instruction. a condition to afford them advantages of a higher kind and furnishing the schools of our State with competent than was there to be found, has tended to weaken, to teachers. To secure the services of these teachers, a corresponding extent, the power and resources of however, and to afford adequate encouragement to their the former, and to render it inadequate to the intellecincrease, their compensation should be liberal, and their tual and moral wants of those who were left. Invidiemployment, so far as may be practicable, permanent ous distinctions thus made between the children of the and certain. In most of our school districts the practice rich and the poor, have been perpetuated; and the has long prevailed of changing the teacher with nearly foundations of an aristocracy, not recognised by our ineach successive term. This practice is injurious to all stitutions, and not in accordance with the public senticoncerned. The teacher who is employed for one, or, ment of the country, have been insensibly and probably at most, for two terms, of three or four months each, longer be permitted to exist. Let each one of our undesignedly laid. This state of things should no however well qualified he may be, and however desi- Common Schools, now free to all, be made, in all rerous of promoting the advancement of the pupils committed to his charge, can rarely succeed in communica- spects, nurseries of knowledge and virtue; let teachers ting the requisite amount of instruction in the various of the highest attainable grade of qualifications, be branches taught, in the mode he would desire, before permanently placed in each; let all the influences the expiration of his term; nor can he be presumed to the community at large, be of the purest and most which radiate from these elementary institutions upon take that interest in the present attainments and future healthful kind; and let all the children of the commuwear,ss of his pupils which he would feel if he was course of instruction he has commenced from the point the true theory of our free institutions-that "equality nity, without discrimination or distinction, be there where he left it, marks out for himself a new and difle of privileges before the law" which lies at the founfect equality. Then shah we footing of the most perrent course; and with each new term of the school,dation of our government, and which is the only most completely realize the course of instruction is essentially changed, and equality the fathers and framers of our Constitution much of the ground already gained required to be re- had in view. Then will an opportunity be afforded, peatedly gone over upon other and different principles. for the free development, under the same favorable Mach valuable time is thereby lost; needless expense auspices, of the mental faculties, equally, of the most incurred; and the systematic and regular growth of the obscure child of poverty and misfortune, and the most expanding mind checked and retarded. By the em-favored fulcritor of wealth and fortune; and then will ployment, at a fair and liberal compensation, of a thor- the future aristocracy of our land consist only of that oughly qalified teacher for a term which shall enable aristocracy of intellect and moral worth and power, him judiciously and comprehensively to lay the foun- before which all other distinctions "pale their ineffecdations of knowledge in the minds of those committed tual fires," and which all good men are prepared into his charge, and systematically to develope their facul-stinctively to reverence and respect. ties-passing from one branch of instruction to another, as he shall find his pupils prepared for the reception of should be systematized, and as far as practicable, exadditional attainments-a very large proportion of the tended, so as to embrace within its scope all those 3. The course of instruction in our Common Schools time now comparatively wasted in desultory and aimless branches of study necessary or desirable for compleacquirements, would be gained to the parent and the ting a thorough English education. In every city and child-the work of instruction would be far more thor-village school this should be deemed indispensably enghly as well as speedily accomplished-and the teach-requisite. In the rural districts it can scarcely be er enabled to devote himself more assiduously and en-expected to be accomplished to the same extent; altirely to his important and responsible task, in the consciousness not only that his labors were well rewarded and properly appreciated, but also that his own welfare and reputation were indissolubly connected with the success of his undertaking.

17

though in very many of them, much may be done, under proper management, to carry forward the pupils from the lower to the higher branches in a much shorter period than has hitherto been found practicable. To 2. A second indispensable requisite to the efficiency with the Teacher and other competent persons, to mark this end, Trustees are recommended, in conjunction and success of our Common Schools, is the regular out a systematic course of instruction, embracing a and constant attendance of every child not otherwise sui-period of at least five or six years, and comprehending tably provided with the opportunities and means of all the branches of a good English education. A judiinstruction. It should be the aim of the officers and cious and well-considered classification of the various inhabitants of each school district in the State, to make pupils in attendance, should then be made, according the Common School, in every respect, equal, if not to their respective attainments and capacities; and superior, to any other institution for elementary in- these pupils, after having thoroughly completed the atruction, and thereby to secure, if possible, the at-elementary course, should successively be drafted into tendance of every child of suitable age, and with it the more advanced classes, and their places supplied the personal interest and exertions of the parents. The by others. This course of instruction should be stead

ily and faithfully pursued, however frequent may be the change of teachers, and should be varied only when found defective or incomplete. Wherever the resources of the district are unequal to a full development of the course thus marked out, the village, central or high school of the town should afford the means and the opportunity to the more advanced pupils of completing it. With the exception of the languages, and some of the higher branches of mathematics and chemical and astronomical science, no sufficient reason is perceived why these more advanced Common Schools may not include within their range of tuition all the studies now ordinarily pursued in our Academies and other incorporated Seminaries of learning. The employment of competent and well qualified female teachers, in the weaker districts, will probably be found not only the most economical, but the best and soundest policy-the more advanced scholars participating in the more extended advantages of the Central Town School.

philanthropists who have hitherto so indefatigably exerted themselves for the promotion of popular education. The coming generation will be prepared to enter upon the varied duties incumbent upon them with faculties nnclouded by ignorance, and with principles and habits undebased by vice. The complicated machinery of civilization will move onward to the accomplishment of its majestic destiny, free from the incessant friction of selfish and sinister designs-the enormous expenditures now lavished upon the maintenance and support of criminal jurisprudence, prisons, penitentiaries and poor-houses, will be transferred to objects more in accordance with the spirit of the ageand we shall present the noble spectacle of an educated, enlightened, virtuous community, fulfilling a mission in the advancement of our common humanity, which has been assigned to no other people, in no other age—the practical realization of a free Republic, all whose institutions are based upon the intelligence and integrity of the people.

CHRISTOPHER MORGAN,

Superintendent of Common Schools.

STATE OF NEW-YOKK,
SECRETARY'S OFFICE,
Department of Common Schools.

Be this as it may, there can be no doubt of the practicability, as well as policy, of a thorough and complete course of instruction in such of the elementary branches as may be included within the plan and Decisions and Opinions of the Superintendent. means of each district. Whatever is taught at all, should be well taught. The first principles of knowledge communicated to the learner should be firmly imbedded in the mind, and the foundation of the future superstructure be rendered adequate to any subsequent Powers and duties of Trustees under the New School Lawdemand upon its stability and strength. Nothing should be permitted to be superficially or imperfectly passed over. The period of time intervening between the age at which the child is entitled to admission in the school, and that at which he may be reasonably expected to leave it for some higher institution, is sufficiently long, if ordinarily improved, to embrace within its range a complete and exact mastery of all the elementary principles of human knowledge: and it is due to each one of the eight hundred thousand children for whom the State has so liberally and beneficially provided the means of proved to the best portunities has amrutu sulan ve possible advantage by those to whom is committed the administration of this sacred trust.

لمط

1. The four months school required by the new law, was undoubtedly intended by the legislature to be maintained subsequently to the 1st of January of each year, so as to enable the district at all events, to secure its share of public money for the succeeding year. The rate-bill system, however, having been abolished, no provision has been made by the act in question for the payment of teachers previously employed, and whose terms expire subsequently to the period when that act took effect, otherwise than by district taxation, after applying the uhlie monar thorize such taxation by their vote, in addition to the tax for the support of schools for the ensuing year, I have been compelled to hold that the case comes under $ 109, (No. 134) of the school law of 1847,-page 31, and that the Trustees would be legally justifiable, for their own protection from personal liability to the teacher, under the contracts entered into with him, in imposing the necessary tax, for the balance due for his wages, after applying the public money as above specified, under that section, the employment of a teacher being an act authorized and required by law.

4. In enumerating these various requisites to the success and improvement of the Common Schools of the State, it has been assumed that a sound and pure christian morality pervades all their teachings. The education of the heart must ever accompany and keep pace with that of the head. Correct principles, right motives and good habits must early be implanted in the youthful mind, and "grow with its growth and The inhabitants may by vote, direct at what period of strengthen with its strength;" and every influence which flows from the elementary school must be eleva- the year subsequently to the 1st of January, the school ting and ennobling. Too much care cannot be taken by shall be taught, and whether one or more terms shall the inhabitants and officers of school districts, in ex-be kept; and the Trustees are bound to carry out their cluding from the teachers desk individuals of doubt- directions in this respect: and where no such vote is ful moral character, or in securing the services of taken, they may fix such terms or period at their own those whose daily lessons and deportment shall incul- discretion. cate and foster the great truths of humanity, integrity, To accomplish 2. The teachers' board should be expressly provided conscientiousness and benevolence. this, it is not necessary that the peculiar or sectarian for. in the estimates of Trustees, and the vote of the views of any religious denomination should be taught, inhabitants, at a specific sum per week. Then if it is or even adverted to; nor is the Common School the desired that he should board around the district, each proper place, in any point of view, to enforce the dis-inhabitant who contributes board, may be credited by The the Trustees for the amount as fixed by the district, or tinctions between the several religious sects. foundations of character, usefulness and happiness by the Trustees, in the absence of any district vote, may be laid in those enduring and comprehensive on the tax list made out by them in accordance with principles of christian ethics and morality which lie without and above the pale of mere theology; and this is the province of the Common School, so far as its means are adequate and its jurisdiction extends.

If, therefore, the inhabitants and officers of the several school districts will avail themselves conscientiously and in good faith of the provisons so liberally made by the enlightened and comprehensive policy of the State for the support of elementary schools, they may reasonably look forward to results far surpassing the most sanguine expectations of those statesmen and

law.

Board of Teachers.

Fuel.

Fuel for the use of the school can be provided under the new law, only by tax upon all the taxable inhabitants of the district.

Use of the School House for a private school.

3. Trustees of districts are by law, charged with the care and custody of the school house of the district, and they are responsible to the district for the [vation of its property. Subject to this responsibility,

preser

5. Teachers are still required to keep a daily, weekly, monthly and quarterly list of attendance of pupils, to enable the Trustees to report to the Department annually, the number of children in attendance for Many of the boards finally adjourned before it was the respective periods of two, four, six, eight, ten and officially known that the free system had been adoptwelve months. It is the duty of the Trustees to fur-ted by the people, and doubtless in other instances, nish them with the necessary blank books for this pur- the annual meeting of the board was held before the pose. election, and consequently before the act became a law.

Albany, Dec. 29, 1849.
HON. AMBROSE L. JORDAN, Atl'y Gen'l, &c.
by this Department, on the following question:
DEAR SIR-Your opinion is respectfully requested

any of the counties of this State, to raise the additional
Does the omission of the Board of Supervisors of
amount of public money required by the second sec-
tion of the Free School Act (chap. 140, Laws of 1849),
where the annual meetings of such Board had passed
by at the time when that act took effect, preclude or
invalidate the action of the Trustees and inhabitants.
of the several school districts in such counties, re-
quired by the third and succeeding sections of the
act? And if so, in what way, under the existing law,
are the schools to be supported during the ensuing
year?

Very respectfully,

Your obed't serv't,
CHRISTOPHER MORGAN,
Supt. Com. Schools.

ATTORNEY GENERAL'S OFFICE,
December, 29, 1849.

HON. CHRISTOPHER MORGAN, Supt. of Com. Schools.
DEAR SIR-I have the honor to acknowledge the re-
ceipt of your communication of this day, asking my