The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-11-07

troublous times that followed and the blight
of slavery, doubt not that Texas would
long since have developed system of pub
lie instruction as complete as can be found
on this continent For the constitution OF
| lS45 contained provisions for public schools
far in advance of most of the state consti-
tutions of that period. 1t made it the i'm
perative duty of the legislature to provide
| for public schools by taxation, and that the
legislature might not avoid the response
bility set apart fixed proportion of the
| general revenue as the minimum which the
legislature might appropriate. The senti-
| ment OF that eminent and able body OF
statesmen and patriots on the spirit ana
principle of public education, is revealed
| by the debates on this article of the consti-
tuition, for when one member of the con-
vention proposed to limit the blessings of
| the public schools to ''those who were I'M
able to give their children the rudiments of
an English education" he was oyerwhelm-
ed by the voice and vote of Hemphill,
| Wheeler, Rusk, Henderson, and a host OF
| Others scarcely less illustrious, and the
principle was established in the first con-
stitution of our beloved state that public
education is not a charity to be doled out
to the poor by the state, but debt which
the present owes to future generations
necessary for the defense and protection of
society and free government.
But the legislation of the period between
lS45 and 1876 fell far below the high stand
ard set by the constitution of 1915. The
system inaugurated by the act OF 1854, if
system it may be called, was based on the
idea which was. discarded with so much
emphasis by the convention, that aid
should be given only to those whose pa
rents or guardians were unable to provide
with elementary instruction. The causes
which rendered the constitutional provis-
ION practically imperative during this pc
riod need not be discussed, but doubtless
they resulted mainly from the sparseness
of population, the isolation of the planters
life, the notion that whatever was good in
education must come from abroad, and
the Jealous promotion of education by the
various religious denominations. The war
OF secession strengthened the sentiment of
public education throughout the south
Union of effort and sympathy in priva-
ton, suffering and in common endeavor,
developed the sentiments of equality and
fraternity and destroyed the extreme indi-
vidualism which in the past had prevented
the development of the systematic popular
education. The levelling effect of general
poverty made men more willing to unite
for the common good Accordingly the
constitutional convention of 1866 one of
the most representative bodies of men ever
assembled in this state convention in
which the leading spirits were such men as
Threckmorton, Roberts and Hancock, made
ample provisions for the extension of the
system of public education.
The constitution OF 1915 required that
public schools should be supported by tax
alton. The constitution of 1866 retained
this provision but broadened immeasurably
the basis by consecrating to public educa-
ton one-half OF the imperial domain of this
great state. 1t created the office of superin-
tendent of public instruction and established
fInh hon ENFs ,taI, nlnrr not
discretionary powers were given, subject
only to legislative regulation. The story of
this brilliant but short-lived attempt of the
people of Texas to re-establIsh for them
selves the organic basis of government Is
too well known to require narration here.
In 1869 another constitution was formed.
Under this the safe and stable foundation
of system of public instruction which the
people had begun was radically changed
and system of administration inaugurated
which, excellent as some of its features were,
was not in accord with the genius of our
people.
Such cursory study as have been able to
give to this system leads me to the con-
clusion that it was modelled after the
European systems of absolute authority
rather than after the best examples OF the
American public school system, which is
unique in its character and one of the pc
culiar products of American democracy.
Hence, under this system little progress
was made in developing the public school
as an organic institution. When the
change came and the majority of the peo-
pie resumed power, the pendulum which |
had been drawn toe far towards arbitrary
organization, swung too far in the opposite
direction, and if the public school had not
been an institution of the people, it might
have been permanently impaired. This vital
institution of a free people is now recover
ing from both disastrous experiments and
will continue to grow and develop steadily
with the progress and development of our
fair state
Having thus briefly outlined the history
of the Development of public edu"aton Ill
our state and nation, let us examine more
closely the legal status of the public school.
In the discussion of this important subject
shall endeavor to sum up the general re-
suits of the development of the public
school from the legal standpoint as gov
ermental institution, and as such CON
ditloned by the support, the restraint, the
regulation, and direction of the law OF the
land"
THE FEDERAL GOVERNMENT.
There is no mention of public education
in the constitution of the United States,
nor has the general governmenteveru under
taken in any way to control the puDllc
schools. ms IaCU lnllSJ HOG NC dIGllpuI0u
to any indifference on the part OF the illus
trious men who framed that immortal in
strument to the importance OF general en-
lightenment in free government Hardly
one of the great statesmen of that period
failed to give some notable expression OF
his profound conviction of the supreme i'm
portance of education. We must conclude
that, while they,recognized its Importance,
thew concurred in believing that the Federal
constitution was not the place to provide
for it, The support and direction OF public
education have thus been left by the con-
stitution among the .powers not delegated
to the general government, but reserved to
the states and to the people"
Such decisions of the Federal courts as
relates in any way to the public schools are
decisions constituting the fourteenth amend
ment to the constitution. These decisions
support the right of the states to provide
separate schools for white and colored chill
dren and require that equal facilities shall
be provided for both. These decisions In
no way concern the general governmental
duty of the state and the people. This duty
is imbedded in the organic law OF every
state IN the Union, but the manner of per-
forming is shown by the statutes relating to
the public schools and the decisions OF the
courts and school officers by which they
have been interpreted No two of the state
systems are precisely alike, yet there are
certain great common principles running
through them all which, as generally &C
cepted, constitute the outlines OF the legal
status of the public schools in the United
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