Wednesday, October 28, 2009

PUBLIC EDUCATION IN THE UNITED STATES by Cubberley in 1919.



A STUDY AN INTERPRETATION OF
AMERICAN EDUCATIONAL HISTORY

AN INTRODUCTORY TEXTBOOK DEALING WITH
THE LARGER PROBLEMS OF PRESENT-DAY
EDUCATION IN THE LIGHT OF THEIR
HISTORICAL DEVELOPMENT

BY
ELLWOOD P. CUBBERLEY
PROFESSOR OF EDUCATION
LELAND STANFORD JUNIOR UNIVERSITY

HOUGHTON MIFFLIN COMPANY
BOSTON NEW YORK CHICAGO
THE RIVERSIDE PRESS CAMBRIDGE
1919

(page 16-19)

At first home instruction and apprenticeship training were depended upon to furnish the necessary ability to read and to participate in the home and church religious services, the great religious purpose which had brought the colonists to America being the motive which was to insure such instruction. In addition, the town religious governments began the voluntary establishment of town Latin Schools to prepare boys for college (Harvard) which the colonial legislature had established, in 1636. In this establishment in the wilderness of New England of a typical English educational system of the time -- that is, private instruction in reading and religion in the homes and by the master of apprentices, Latin grammar schools in the larger towns to prepare boys for the colony college, and an English-type college to prepare ministers for the churches --we see manifested the deep Puritan-Calvinistic zeal for education as a bulwark of Church and State. As in England, the system was voluntary, and clearly subordinate to the Church.
The Massachusetts Law of 1642. It early became evident, hover, that these voluntary efforts on the part of the people and the towns would not be sufficient to insure that general education which was required by the Puritan religious theory. Under the hard pioneer conditions and the suffering which ensued, many parents and masters of apprentices apparently proved neglectful of their educational duties. Accordingly the leaders in the Puritan Church appealed to what was then their servant, the State as represented in the colonial legislature, to assist them in compelling parents and masters to observe their obligations. The result was the famous Massachusetts Law of 1642, which directed the officials of each town to ascertain, from time to time, if parents and masters were attending to their educational duties; if all children were being trained "in learning and labor and other employments profitable to the Commonwealth"; and if the children were being taught "to read and understand the principles of religion and the capital laws of the country." The officers were empowered to impose fines on those who failed to give proper instruction, or to report to the officer when required. This Law of 1642 is remarkable in that, for the first time in the English-speaking world, a legislative body representing the State ordered that all children should be taught to read. thi was a distinctively Calvinistic contribution to our new-world life, and a contribution of large future importance.
The Massachusetts Law of 1647. The Law, however, did not establish schools, nor did it direct the employment of schoolmasters. After true English fashion, the provision of education was still left with the homes. The results still continuing unsatisfactory, five years later the colonial legislature enacted the famous Law of 1647, by means of which it has been asserted that "the Puritan government of Massachusetts rendered probably its greatest service to the future." After recounting in a preamble that it had in the past ben "one chief point of that old deluder, Satan, to keep men from a knowledge of the Scriptures... by keeping them in an unknown tongue," so no "by persuading from the use of tongues," ....learning was in danger of "being buried in the grae of our fathers in church and commonwealth," the Law then ordered:
  1. That every town having 50 householders should at once appoint a teacher of reading and writing, and provide for his wages in such a manner as the town might determine; and
  2. That every town having 100 householders must provide a (Latin) grammar school to fit youths for the university, under a penalty of £5 for failure to do so.
This law represents a distinct advance over the Law of 1642. The State here, acting again as the servant of the Church, enacted a law for which there were no English precedents. Not only was a school system ordered established --elementary for all towns and children, and secondary for youths in larger towns-- but, for the first time among English-speaking people, there was the assertion of the right of the State to require communities to establish and maintain schools, under penalty of a fine if they refused to do so.

Importance of these two laws. It can safely be asserted that these two Massachusetts laws of 1642 and 1647 represent not only new educational ideas in the English-speaking world, but that they also represent the very foundation stones upon which our American public school systems have been constructed.
Mr. Martin, the historian of the Massachusetts public school system, states the fundamental principles which underlie this legislation as follows:
  1. The universal education of youth is essential to the well-being of the State.
  2. The obligation to furnish this education rests primarily upon the parent.

  3. The State has a right to enforce this obligation.
  4. The State may fix a standard which shall determine the kind of education, and the minimum amount.
  5. Public money, raised by a general tax, may be used to provide such education as the State requires. This tax may be general, though the school attendance is not.
  6. Education higher than the rudiments may be supplied by the State. Opportunity must be provided, at public expense, for youths who wish to be fitted for the university.
Mr. Martin then adds the following significant comment:

It is important to note here that the idea underlying all this legislation was neither paternalistic nor socialistic. The child is to be educated, not to advance his personal interests, but because the State will suffer if he is not educated. The State does not provide schools to relieve the parent, nor because it can educate better than the parent can, but because it can thereby better enforce the obligation which it imposes.

These laws became the basis for legislation in all the other New England colonies, except Rhode Island, which had been founded on the basis of religious freedom, and the conceptions as to the establishment and maintenance of schools which they embodied deeply influenced the educational develpment of all the States to which New England people later migrated in any numbers.
In New England, then, was established the first of the three important type attitudes to which we earlier referred,--that of the State compelling the towns to establish schools, and parents to send their children to school to learn to read and to receive instruction in religion. The State here, acting as the servant of the Church, enacted legislation which formed a precendent and fixed a tradition as to school management and support which was retained long after State and Church had parted company.


Friday, October 23, 2009

Public Statutes of the State of New Hampshire in 1901


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Concord, N.H.:
Edson C. Eastman.
1900.

Chapter 84. Support of Paupers. (page 271)
Sect. 5. Children set to work or bound out. The overseers shall set to work, in the workhouse or elsewhere, or bind out as apprentices, all children residing in their respective towns who are not employed in some lawful business, and whose parents are unable or neglect to maintain them, --males until the age of twenty-one years, and females until the age of eighteen years. [ R.S. 66:5, C.S. 70:5, G.S. 74:5, G.L. 82:5, v, 401, xv 486, xxx, 104.]

Sect. 6. Mode of binding out. Such contract shall be in writing, shall be made equitably and as much as may be for the interest of the persons bound out, and shall provide that they shall be instructed to read, write, and cipher, and to do such work or business as is suitable to their condition. The overseers shall inquire into the treatment of all persons so bound out, shall see that the contract is fulfilled, and that all wrongs or injuries are redressed. The rights and obligations of such master and apprentice shall be the same as in the case of other apprentices. [ R.S. 66:6, C.S. 70:6, G.S. 74: 6, G.L. 83: 6, xxx, 104.]
LAWS 1895, CHAPTER 116. Support of Dependent Minor Children. (page 277-278)
1893, CH. 61, Sect. 1. The overseers of the poor in any town, or county commissioners for any county, may send to the New Hampshire Orphans' Home or to any orphans' home in this state, or other instittution devoted to or suitable for the care, protection, and education of children, upon such terms as may be agreed upon, all children residing in their respective towns or counties who are not employed in some lawful business, and whose parents are unable or neglect to maintain them; but, in the selection of such home or institution, said overseers and commissioners shall give the preference to that home or institution that is conducted by or under the auspices of the church or religious denomination of which the child or the child's parents are members; and said home or institution shall thereupon have the same authority in respect to such children as in now vested in overseers of the poor and count commissioners.

1895, CH. 116, Sect. 4. The governor and council shall appoint fiver persons to serve as a state board of charities and correction, whose duty it shall be to see that the provisions of this act are faithfully carried out, and that said minor children receive suitable education, training, and support. They shall first be appointed for one, two, three, four, and five years, and afterwards for fiver years as vacancies arise, and shall receive no compensation except expenses incurred.
Chapter 92. School Board, Teachers, and Truant Officers (page 301)
Sect. 17. Duties in regard to truants. Truant officers shall, under the direction of the school board, enforce the laws and regulations relating to truants and children between the ages of [eight] and sixteen years not attending school and without any regular and lawful occupation, [and the laws relating to the attendance at school of children between the ages of eight and sixteen years.] [1852, 1278, C.S. 78:2, G.S 83:7, G.L. 91:7, 1881, 42:3, 1899, 70:2]

Sect. 18. Duties in regard to children in manufacturing and other establishments. Truant offices shall, if required by the school board, force the laws prohibiting the employment of children in manufacturing [mechanical or mercantile] establishments who have not attended school the prescribed time; [and for this purpose, they may, when so authorized and required by vote of the school board, visit the manufacturing, mechanical, and mercantile establishments in their respective cities and towns, and ascertain whether any children under the age of sixteen are employed therein contrary to the provisions of law, and they shall report any cases of such illegal employment to the school board; and the truant officers, when authorized as aforesaid, may demand the names of all children under sixteen years of age employed in such manufacturing, mechanical, and mercantile establishments, and may require that the certificates and lists of such children provided for by law shall be produced for their inspection. Truant officers shall inquire into the employment, otherwise than in such manufacturing, mechanical and mercantile establishments, of children under the age of sixteen years, during the hours when the public schools are in session, and may require that the certificates of all children under sixteen shall be produced for their inspection; and any such officer may bring a prosecution against a person or corporation employing any such children, otherwise than as aforesaid, during the hours when the public schools are in session, contrary to the provisions of law. A refusal or failure on the part of the employer of children under sixteen years of age to produce the certificate required by law, when requested by a truant officer, shall be prima facie evidence of the illegal employment of the child whose certificate is not produced. truant officers shall have authority without a warrant to take and place in school any children found employed contrary to the laws relating to the employment of children, or violating the laws relating to the compulsory attendance at school of children between the ages of six and sixteen years.] [1881, 42:4, 1890, 70:3.]
Chapter 93. Scholars

Sect. 6. District may make by-laws as to truants. [1852, 1278. C.S. 78:1, G.S. 83:6, G.L. 9:6.]
Districts may make by-laws, not repugnant to law, concerning habitual truants and children between the ages of six and sixteen years not attending school and not having a regular and lawful occupation, and to compel the attendance of such children at school, and may annex penalties for the breach thereof not exceeding ten dollars for each offense. (page 303)
Sect. 14. Parents to send children to school. [1871 2:1. G.L. 91:14.] (page 304)
Every person having the custody and control of any child between the ages of eight and sixteen years, residing in any school district in which a public school is annually taught, shall cause such child to attend public school for twelve weeks at least in every year, six weeks at least of which attendance shall be consecutive, unless such child shall be excused by the school board of the district because his physical or mental condition is such as to prevent his attendance at school for the period required, or because he was instructed in a private school for at least twelve weeks during the year in the common English branches or, having acquired those branches, in other more advanced studies.



The Public Statutes of the State of New Hampshire in 1891


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Manchester:
John B. Clark, Public Printer.
1891.

The Public Statutes
Chapter 94. Scholars

Sect. 6. By-laws as to truants. (1852, 1278. C.S. 78:1. G.S. 83:6. G.L. 91:6)
(page 264)
Districts may make by-laws, not repugnant to law, concerning habitual truants and children between the ages of six and sixteen years not attending school and not having a regular and lawful occupation, and to compel the attendance of such children at school and may annex penalties for the breach thereof not exceeding ten dollars for each offense.

Sect. 14. Parents to send children to school. (1871 2:1. G.L. 91:14.)
(page 265)

Every person having the custody and control of any child between the ages of eight and sixteen years, residing in any school district in which a public school is annually taught, shall cause such child to attend public school for twelve weeks at least in every year, six weeks at least of which attendance shall be consecutive, unless such child shall be excused by the school board of the district because his physical or mental condition is such as to prevent his attendance at school for the period required, or because he was instructed in a private school for at least twelve weeks during the year in the common English branches or, having acquired those branches, in other more advanced studies.

The General Laws of the State of New Hampshire in 1878


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Manchester:
John B. Clark, State Printer
1878.


General Laws
Chapter 91. Scholars

Sect. 6. By-laws as to truants. (C.S. 78:1, 1802, 1278. G.S. 83:6.)
(page 221)
Any town may make by-laws concerning habitual truants and children not attending school, without any regular and lawful occupation, between the ages of six and sixteen years, and to compel the attendance of such children at school, not repugnant to law; and may annex penalties for the breach therof not exceeding ten dollars for each offense.

Sect. 14. Duty of parents, guardians, etc. (1871 2:1)
(page 222)
Every parent, guardian, master, or other person having the custody, control, or charge of any child between the ages of eight and fourteen years, residing in any school-district in which a public school is annually taught for the period of twelve weeks or more within two miles by the nearest traveled road from his residence, shall cause such child to attend such public school for twelve weeks at least in every year, six weeks at least of which attendance shall be consecutive, unless such child shall be excused from such attendance by the school committee of the town, or the board of education of such district, upon its being shown to their satisfaction that the physical or mental condition of such child was such as to prevent his attendance at school for the period required, or that such child was instructed in a private school or at home for at least twelve weeks during such year in the branches of education required to be taught in the public schools, or, having acquired those branches, in other more advanced studies.

The General Statutes of the State of New-Hampshire in 1867


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Concord:
By B. W. Sanborn & Co.
1867

Chapter LXXXIII. Scholars.
Sections 1-13 only.
(Page 174)

Chapter CLXVI. Guardians of Minors.
Section 3. Powers and Duties of Guardians
Every guardian shall have the custody and tuition of the minor, and the care and management of his estate, and shall continue in office until the minor arrives at the age of twenty-one years, or until discharged. B.S. 150:3, C.S. 159:3, xiv, 343; xxi, 9.
(page 342-3)

Thursday, October 22, 2009

Complied Statutes of the State of New Hampshire in 1854


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Concord.:
Published by G. Parker Lyon.
1854.

Chapter 78.
Of Truant Children and Absentees from School.
Identical with
Chapter 1278, Laws of 1852.
Section 1. Each of the several cities and towns in this State be and they hereby are authorized and empowered to make all needful provisions and arrangements concerning habitual truants and children not attending school, without any regular and lawful occupation, growing up in ignorance, between the ages of six and sixteen years; and also all such ordinances and by-laws respecting such children as shall be deemed most conducive to their welfare and the good order of such city or town; and there shall be annexed to such ordinances suitable penalties, not exceeding for any one breach a fine of ten dollars: provided, that said ordinances and by-laws shall not be repugnant to the laws of this state. Laws of 1852, ch. 1278, sec. 1; C.S. ch. 78, sec.1
(page 180)

Section 3. Any minor between the ages of six and sixteen years, convicted under the provisions of this act, of being an habitual truant, or of not attending school, or of being without any regular and lawful occupation, or growing up in ignorance, may, at the discretion of the justice of the peace or judicial officer having jurisdiction of the case, instead of the fine mention in the first section, be committed to any said institution of instruction, house of reformation, or suitable situation as may be provided for the purpose under the authority given in said first section, for such time as such justice or judicial officer may determine, not exceeding one year. Laws of 1848, ch. 1278, sec. 3; C.S. ch. 78, sec. 3.

Wednesday, October 21, 2009

Introduction to American Law in 1887


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By
Timothy Walker, LL.D.,
Late Professor of Law in the Cincinnati College.

Boston:
Little, Brown, and Company.
1887.

§ 108. Rights and Duties of Parents.
(b) Blackstone and other writers lay down the duties of parents towards their children as consisting in their maintenance, protection, and education. There can be no doubt that these are duties of the highest moral obligation; and he would be an unnatural parent, who should be false to them, having the ability to perform them. But it is certainly a mistake to say that they are duties of strict legal obligation, unless there be a statute to that effect. Such they are not, because the common law furnishes no means of enforcing their performance, or punishing their non-performance. On this subject, writers seem to be beguiled by their good feelings into singular misapprehension or inexcusable vagueness of expression. How can you compel a parent to maintain, protect, or educate his child? The common law furnishes no means of doing it; and as the test of legal obligation is the means of enforcing it, this proves that the legal obligation does not exist. First, as to maintenance or support, our statute seems to presuppose that there are no means of compulsion, by authorizing the township trustees to bind children out when their parents shall not provide for them; and the principle that a parent may by will disinherit a child, or may do the same thing by giving all his property away during his life, leads to the same conclusion. It may even be doubted whether, if a parent should, without reason, turn his child out of doors, and a stranger, knowing this, should provide for the child, he could recover payment from the parent. (a) Next, as to protection, a parent may certainly go as far in defending his child from harm as in defending himself. The law permits him so to do; but it does not undertake to compel him so to do, or punish him for not so doing. And, lastly, as to education, the same is true. A parent of the most unbounded means may, in spite of the law, bring up his children in the most deplorable ignorance. The truth therefore is, that these are not matters of legal obligation. The law has left them to the strong impulses of natural affection. Whether wisely or not, is a question I need not discuss. The fact is all that I am now concerned with. And, on the other hand, the parent's power over the child is very little aided by law. The father is the natural guardian of the minor children; in which capacity he has the custody of their persons, but not of their property. He may correct them with moderation, bind them out to service, receive their earnings, and forbid their marrying. He may also by will appoint for them a testamentary guardian, with powers extending to their persons and property. This is a singular instance in which a person may delegate a power which he does not possess. The father, unless legally appointed guardian, cannot control the separate property of his minor child, except it be earned by the child's labor; but he may by will confer this power on another. Finally, at majority, or when a daughter marries, all power of the parent over the child ceases; and the child, to all intents and purposes, becomes emancipated from parental control. (a)

Laws of New Hampshire, Vol. 10 Second Constitutional Period (1829-1835)


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Concord. N.H.:
Evans Printing Co.
1922.

[Chapter 91.]
State of New Hampshire}
Resolved, By the Senate and House of Representatives in General Court convened, That the instruction of our Youth, and the general diffusion of knowledge afford the surest means of perpetuating our free institutions, and of securing the stabillity and happiness of this great Republick; and that we recommend to the several towns throughout this State to cherish with guardian care our primary shools, and to make such liberal provisions as shall afford the greatest facilities to the attainment of Knowledge in early life.- (page 619).

Laws of New Hampshire, Vol. 3 Province Period (1745-1774)


Province Period
1702-1745

Bristol. N.H.
Musgrove Printing House
1915.

Laws of New Hampshire, Vol. 2 Province Period (1702-1745)


Province Period
1702-1745

Concord. N.H.
Rumford Printing Company
1913.

1712, May 10.
fforasmuch as Ignorance ill Manners and Irreligion are propagated by many parents & masters by Neglecting to Instruct Youth Under their Care &c: It shall be Lawfull for the Select men with a Justice of the peace to Examine all Youth of Tenn Years of Age whether they have been taught to Read and All those which cannot Read at Said Age to binde out to good Masters who shall be Obleidged to Learn them to Read and write till they shall be of Age &c: [Concurrent vote. Journal of the Council and Assembly.] (page 115)