REPORT

ON THE SUBJECT AND SYSTEM OF PUBLIC INSTRUCTION,

IN THE STATE OF NEW-YORK, MADE IN ASSEMBLY, MARCH 7, 1838.

Mr. Barnard, from the committee on colleges, academies and common schools, to whom were referred so much of the Message of his Excellency the Governor, as relates to Public Instruction; the report of the Superintendent of common schools; and sundry Petitions from colleges and academies, for aid; and from inhabitants of various parts of this state, in regard to common schools, and the diffusion of Knowledge among the people,

REPORTS:

The committee feel the full weight of the high duty imposed upon them. The most valuable interests of a great people, personal and political, for the present time, and for the future, are undoubtedly, in some degree, in their hands. At all times, the educational system of the state is a matter of deep and paramount importance; and on those who have charge of it, and on those who have any authoritative influence over it, must always rest a deep and lasting responsibility. But, at this time, the whole subject comes to us invested with new interest. The state is now possessed, and to be possessed, of new and ample means, in the income of a large fund, depo

sited with it by the government of the United States; and, it seems to be generally conceded, that these means shall be devoted exclusively to the purposes of education. The available fund, already deposited, amounts to nearly four millions of dollars; and to this, will shortly be added a million and a third more, if the law of congress, as it now stands, shall be executed. With the income, arising from so liberal a fund, thrown on the hands of the state, and which is regarded, by common consent, as a new and perpetual endowment for our system of public instruction, a new and most responsible duty arises. An additional sum, already equal to twice the amount of that now commanded by the state, for the same purpose, is to be annually applied to the advancement of education, the spread of knowledge among the people, the forming of the popular character, and the preparing and perfecting of that broad basis of intelligence and virtue, on which alone can rest our republican forms, and the security and happiness of a great and growing community.

Your committee feel that, under these circumstances, it would be inexcusable in them, and in this legislature, not to review, and, perhaps, revise the whole plan of public instruction in this state. From this time, the state must be regarded as starting from a new point, as setting out in a new career, in regard to a matter of the first consequence; and it cannot fail to depend very much on the manner in which this important trust shall be performed, whether we are to be a peaceful, prosper. ous, free and happy people, or a people, sunk, at no distant day, in misery-splendid misery it may be broken into furious and contending factions, and passing through

every form of vice, and every form of violence, first into anarchy, and then under the iron hand of an oppressive, and, perhaps, bloody despotism.

The part which seems to be assigned to your committee in this work; that of examining the plan of public instruction, as it now exists, pointing out its defects, and devising and preparing for the action of the assembly, such material changes and alterations in the system, and such new measures, as we may deem essential to the proper progress and advancement of this great interest; this delicate and responsible service, has occupied much painful thought with us, much severe study and patient investigation. We submit the conclusions at which we have arrived, to the house, certainly with a sincere conviction that, in the main, they are right, and with an earnest hope that, if they shall meet with the favorable judgment of the legislature, they may be proved to be just by the practical working, the salutary and happy influence of the measures which may be adopted, as the result of these conclusions. At the same time, we may be allowed to say, that though we do not shrink from the responsibility of taking decided, perhaps, bold ground, yet this confidence is not wholly our own; inasmuch, as we know that nothing that we may recommend can be adopted, until it shall have passed the patient scrutiny of both houses of the legislature, and met the sanction of their deliberate and united wisdom.

It has seemed desirable to your committer, at a time when the state is about to apply large additional means to the uses of education, and to adopt, as we hope, a permanent state system of public instruction on an extended and comprehensive plan, that the right and the

duty of the government in regard to the subject of popular education, should, if possible, be clearly and accurately defined. What constitutional right has the government to impose the burthen of taxation on individual property, or to employ the public funds, however obtained, for the furtherance of any such object as that of popular instruction? Is not education a personal advantage, accruing to the individual instructed, as much as the possession of property, or any other good-and by what right does the government undertake to bestow personal benefits at all, much more to compel one class of men, because they are men of substance, to bear the expense of benefits gratuitously bestowed on another class?

The right and duty in question, seem, to your committee, to rest mainly on two grounds.

In the first place, the power over education is one of the powers of public police, belonging essentially to government. It is one of those powers, the exercise of which, is indispensable to the preservation of society— to its integrity, and its healthy action. It rests on the same foundation as that which is employed in defining and taking cognizance of crime, in erecting courts, both of civil and of criminal jurisdiction, in establishing jails and penitentiaries, and in compelling the performance of contracts, and the reparation of injuries. In this point of view, it is one among a number of means to the same end, either of which, or all of which, may be freely used, according to the wisdom and discretion of the public authorities. All are lawful, and equally lawful and constitutional modes of action. In the present case, however, the choice is not a question of expediency or

economy only--though certainly important in the latter point of view; but it becomes a question of humanity also. For while it will always be necessary to provide for the punishment of offences against society, when committed, and for the compulsory observance of personal obligations, and redress of personal grievances, yet it is vastly preferable, undoubtedly, that, if such a thing were possible, there should be no grievances to be redressed, no broken promises, and no committed crimes. It is the aim, and the undoubted tendency of education, properly understood and conducted, to accomplish this object an object of incalculable benefit to human society. As a measure, designed to operate only as a law of police, the public support of education goes behind all crime, and all injurious and disturbing action in society, and seeks to occupy the intellect and the affections of men, and simply by informing the mind and moulding the temper, by demonstrating that it is the interest and the happiness of each to be just and generous towards all, by letting a little light in on the understanding, and touching the heart, either to take from them the disposition to offend one another, or to injure society, or to arm them with strength of purpose to resist every temptation to do so.

But there is another and broader ground, still, on which to rest the power and duty of the state, in regard to education. That which we have already noticed, is enough for the authority, if the state choose to exercise it, and in the opinion of your committee, enough for the duty also. But the consideration which we now approach, is not only sufficient for the abundant justifica