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the institution. (House Report No. 89, Forty-second Congress, third session, 90.)

Mention may be made of the bill introduced into the United States Senate by Hon. George F. Edmunds, May 14, 1890, entitled “A bill to establish the university of the United States." This bill was read twice and referred to a select committee of nine. Also of a bill entitled "A bill to establish a national university," introduced into the Senate by Hon. Redfield Proctor, February 4, 1893, read twice and referred to a special committee.

Additional references are the following: C. K. Adams: Washington and the Higher Education, 1888. Henry Adams: The Writings of Albert Gallatin, 1879; The Life of Albert Gallatin, 1879. H. B. Adams: Washington's Plan for a National University, Johns Hopkins University Studies, III, 93; Thomas Jefferson and the University of Virginia, 1888; The College of William and Mary, 1887. C. W. Eliot: A National University, Proceedings of the National Educational Association, 1873. J. C. Henderson: Thomas Jefferson and Public Education, 1890. J. W. Hoyt: Preliminary Report on an American University, Proceedings of the National Educational Association, 1870; An American University, Second Report of the National Committee, Proceedings of the National Educational Association, 1871; Report on Education, United States Commission, Paris Exposition, VI, 1873; A National University, Review of a Paper Read at Elmira, N. Y., by Charles W. Eliot, Proceedings of the National Educational Association, 1874; Memorial in regard to a National University, Washington, Government Printing Office, 1892 (this memorial is a magazine of quotations and arguments in relation to its subject). A. D. White: National and State Governments and Advanced Education, American Journal of Social Science, 1874; A National University, The Forum, 1889. See also Poole's Index to Periodical Literature, indexes of the leading reviews and magazines, under "University," and the list of authorities in Knight, Land Grants for Education, 173-175.



1. First period, 1776-1802.-II. Second period, 1802–1835.—III. Third period, 1835-1861.— IV. Fourth period, 1861-1895.

I. FIRST PERIOD, 1776-1802.

Discussion; Pennsylvania, 1776; North Carolina, 1776; Georgia, 1777; Vermont, 1777; Massachusetts, 1780; New Hampshire, 1784; Vermont, 1787; Pennsylvania, 1790; Delaware, 1792; Tennessee, 1796; Georgia, 1798.

The provisions of the State constitutions concerning schools and education, from 1776 to the present time, form an interesting chapter in the history both of American jurisprudence and of American education. They are the legal foundations of our State school systems. It is proposed in this section to bring all these provisions together in such a

manner as to illustrate fully the development of this important branch of our educational history. This object will be best gained by following, in the main, the chronological order in which these provisions were enacted. It will be convenient also to present the subject under certain heads, determined by certain important facts.

In May, 1776, the American Congress recommended the assemblies and conventions of the States where the existing governments were not sufficient for the exigencies of their affairs "to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular and America in general." In pursuance of this recommendation, which was plainly necessitated by the lapse of events, all the States but Connecticut and Rhode Island, which considered their colonial charters amply sufficient for present exigencies, proceeded to frame State constitutions; some of them very rudimentary and imperfect, but others well thought out and elaborated. Several of these States, finding their first constitutions inadequate to the purposes of government, were compelled almost immediately either to frame new ones or to make important amendments. Again, before any new educational forces or interests began to act or appear, Vermont, Kentucky, and Tennessee came into the Union. These various constitutions are no mean criterion of the conditions of popular education in the several States, as well in those that did not recognize education at all as in those that made some provision for it. Furthermore, the fuller realization of a national consciousness following the organization of the Government under the Constitution of 1787 led to a general quickening of the pulses of national life. An historian of the time has said:

No sooner had the war for independence ended, and the Government of the United States been placed on a settled basis by the adoption of the Constitution; no sooner had the national life begun to flow in its new channels, than there was a great advance along all the lines of denominational activity and educational enterprise. Everything which before had been carried on in scattered, sporadic methods now tended to organization. Boards of foreign and home missions were established; Bible and tract societies were organized; theological seminaries were founded; new colleges were planted, and the older institutions more liberally endowed; the religious press was multiplied; associations for moral reform were instituted. The first half of this century was prolific in all these movements.*

In making extracts from the State constitutions, "The Federal and State constitutions, colonial charters," etc., compiled under an order of the United States Senate by Ben: Perley Poore, Washington, Government Printing Office, 1878, has been followed to the date of publication. Great pains has been taken to make the compilation as complete as possible, but some unimportant provisions have perhaps escaped observation. The date on which a constitution or an amendment took effect has been given in every case where it could be ascertained from documents at hand.

Journal of Continental Congress, II, 339.
ED 93-83

J. O. Murray, Life of Dr. Wayland, pp. 1, 2.


SEC. 44. A school or schools shall be established in each county by the legislature, for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct youth at low prices; and all useful learning shall be duly encouraged and promoted in one or more universities.

45. Laws for the encouragement of virtue, and prevention of vice and immorality, shall be made and constantly kept in force, and provision shall be made for their due execution; and all religious societies or bodies of men heretofore united or incorporated for the advancement of religion or learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities, and estates which they were accustomed to enjoy, or could of right have enjoyed, under the laws and former constitution of this State.


[This was continued in the constitution of 1835.]

41. That a school or schools shall be established by the legislature, for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct at low prices; and all useful learning shall be duly encouraged, and promoted, in one or more universities.

THE CONSTITUtion of GeorGIA, FEBRUARY 5, 1777.

ART. 54. Schools shall be erected in each county, and supported at the general expense of the State, as the Legislature shall hereafter point out.


The state of affairs in Vermont from 1776 to 1791 was anomalous. At the first of those dates Massachusetts, New Hampshire, and New York each claimed in whole or in part the territory at present compris ing that State. The people asserted their independence of all these States, as well as of England, and strove to be admitted to the Union as an independent State. Massachusetts assented in 1781, New Hamp shire in 1782, New York in 1790, and Vermont became the fourteenth State in 1791. In this period two constitutions were framed, each of which was declared by the legislature to be a part of the laws of the State, and appears to have been so regarded by the people. The first of these constitutions contains the two following propositions. This is the first mention made by a similar document of school lands:

SEC. XL. A school or schools shall be established in each town, by the legislature, for the convenient instruction of youth, with such salaries to the masters, paid by each town; making proper use of school lands in each town, thereby to enable them to instruct youth at low prices. One grammar school in each county, and one university in this State, ought to be established by direction of the General Assembly.

SEC. XLI. Laws for the encouragement of virtue and prevention of vice and immorality, shall be made and constantly kept in force; and provision shall be made for their due execution; and all religious societies or bodies of men, that have or may be hereafter united and incorporated, for the advancement of religion and learning, or for other pions and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they, in justice ought to enjoy, under such regulations, as the General Assembly of this State shall direct.


[Part II, Chap. V, The University at Cambridge, and Encouragement of Literature, etc.]

SECTION 1.-The university.

ART. 1. Whereas our wise and pious ancestors, so early as the year 1636, laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences which qualified them for public employments, both in church and state; and whereas the encouragement of arts and sciences and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, it is declared, that the president and fellows of Harvard College, in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise, and enjoy all the powers, authorities, rights, liberties, privileges, immunities, and franchises which they now have, or are entitled to have, hold, use, exercise, and enjoy; and the same are hereby ratified and confirmed unto them, the said president and fellows of Harvard College, and to their successors, and to their officers and servants respectively, forever.

ART. 2. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies, and conveyances heretofore made, either to Harvard College, in Cambridge, in New England, or to the president and fellows of Harvard College, or to the said college by some other description, under several charters successively, it is declared that all the said gifts, grants, devises, legacies, and conveyances are hereby forever confirmed unto the president and fellows of Harvard College, and to their successors, in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors.

ART. 3. And whereas by an act of the general court of the colony of Massachusetts Bay, passed in the year 1642, the governor and deputy governor, for the time being, and all the magistrates of that jurisdiction, were, with the president, and a number of the clergy, in the said act described, constituted the overseers of Harvard College, and it being necessary, in this new constitution of government, to ascertain who shall be deemed successors to the said governor, deputy governor, and magistrates, it is declared that the governor, lieutenant-governor, council, and senate of this Commonwealth are, and shall be deemed, their successors; who, with the president of Harvard College, for the time being, together with the ministers of the Congregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging or in any way appertaining to the overseers of Harvard College: Provided, That nothing herein shall be construed to prevent the legislature of this Commonwealth from making such alterations in the government of the said university as shall be conducive to its advantage and the interest of the republic of letters, in as full a manner as might have been done by the legislature of the late province of the Massachusetts Bay.

SECTION 2.—The encouragement of literature.

CHAP. V, SEC. 2. Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of the legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools,

A previous constitution framed by general court in 1778 was rejected by the people.

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and grammar-schools in the towns; to encourage private societies and public institutions, by rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections and generous sentiments among the people.

These are the only constitutional educational provisions of the Revolutionary period of which we have any particular history. For this reason, and also because the last section was reproduced in the constitutions of New Hampshire and Maine, in its essential features, that history is here given. It is found in the Life and Works of John Adams, edited by Charles Francis Adams, Vol. IV, p. 257. It is also worth remarking that this history is the earliest example of French influence upon our educational institutions. The American Academy of Arts and Sciences, Boston, was incorporated May 4, 1780. The similar institution at Philadelphia, dating from 1743, was known as the Philosophical Society. The one name was imported from Paris, the other from London.

In traveling from Boston to Philadelphia, în 1774, 1775, 1776, and 1777, I had several times amused myself at Norwalk, Conn., with the very curious collection of birds and insects, of American production, made by Mr. Arnold, a collection which he afterwards sold to Governor Tryon, who sold it to Sir Ashton Lever, in whose apartments in London I afterwards viewed it again. This collection was so singular a thing that it made a deep impression on me, and I could not but consider it a reproach to my country that so little was known even to herself of her natural history.

When I was in Europe in the years 1778 and 1779, in the commission to the King of France, with Dr. Franklin and Mr. Arthur Lee, I had opportunities to see the King's collections and many others, which increased my wishes that nature might be examined and studied in my own country as it was in others.

In France, among the academicians and other men of science and letters, I was frequently entertained with inquiries concerning the Philosophical Society at Philadelphia, and with eulogiums on the wisdom of that institution and encomiums on some publications in their transactions.

These conversations suggested to me the idea of such an establishment at Boston, where I knew there was as much love of science, and as many gentlemen who were capable of pursuing it, as in any other city of its size.

In 1779 I returned to Boston in the French frigate La Sensible, with the Chevalier de la Luzerne and M. Marbois. The corporation of Harvard College gave a public dinner in honor of the French ambassador and his suite, and did me the honor of an invitation to dine with them. At the table, in the philosophy chamber, I chanced to sit next to Dr. Cooper. I entertained him during the whole of the time we were together with an account of Arnold's collections, the collections I had seen in Europe, the compliments I had heard in France upon the Philosophical Society at Philadelphia, and concluded with proposing that the future legislature of Massachusetts should institute an academy of arts and sciences.

The Doctor at first hesitated; thought it would be difficult to find members who would attend to it; but his principal objection was that it would injure Harvard College, by setting up a rival to it that might draw the attention and affections of the public in some degree from it. To this I answered, first, that there were certainly men of learning enough that might compose a society sufficiently numerous; and, secondly, that instead of being a rival to the university it would be an honor

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