Year: 1871

Mr.. PRESIDENT: I have never yet
heard any one point out one line or one
word in the Constitution of the United
States that authorizes Congress ,Re
the subject of education in the States
under its control or into its charge. If
there is such provision in the CoDsti-
tuition it never has been pointed to a.
far as / know. / find 10 such power,
nor do believe that any such power
ought to exist. l do not believe it con.
sistent with the welfare of the country;
| do not believe it to be consistent with
the liberties of the country that the
subject of education should be taken
charge of by the Congress of the Uni
ted States. 1t properly belongs to the
States and to the people of the States
and it would be, in my judgment, the
worst possible policy, the most danger
Gus policy, for Congress to assume jurl5.
diction over that subject. The only
power granted to Congress in the Con.
stitution upon the subject of science is
this:


The Congress shall have power to


promote the progress of science and
useful arts


How?


by securing for limited times to authors
and inventors the exclusive right to
their respective writings and discover
les.


There is all the power you have over
| fln snhippt Ia in, M


eral terms to promote the progress Of


science and useful arts but it is pow


er to promote it in one particular way,


and one particular way alone. So that


there is not only the absence of any ex.


press power to take the subject of edu-


cation under your control, but there is


that negative-pregnant, as lawyers call


it, arising from the fact that you are


specially authorized to do one thing,


which implies that you are not author.


lied to do any other. y


| know very well that the law estab.


fishing this Bureau Of Education is a


mere entering wedge. We have propo.


sitions TO have departments upon al.
most every subject; IL department on


this subject and that subject, and othe,
subjects, multiplying departments and
f multiplying officials almost without
limit. Some of these might be very
> well, perhaps; but when you come tc
/ a department of education, which as
sumes that Congress is to take the edu
| cation Of the people in ITS charge, thel


desire to enter my protest at the yer,
t outset that you have no power to d.
: any such thing and therefore | wan
: to say that, SO far as my feeble effort
If can avail for the purpose, shall oppos
j. extending the provisions of this lay
If now and hereafter one single iota. Tha
If the law may stand simply to enable Il
d to collect statistics but so far as under
e taking the education OF the America
e people is concerned, deny the powe
e of Congress over the subject, and shall
10 oppose it whenever it is proposed. |
It is not my purpose to say anything il
o detail about the report of the commits
Il sioners, which has been drawn int
e this discussion. l have an impression
d from looking at it, that there is not on
p valuable thing in it that is not in print
d Areport that simply copies by the pag
e the report of superintendents of tn
). common schools or the commissioners
e of common schools in the States, thu
IS simply picks them out and puts thei
a here in the form Of report, and MAKE
It a book in that way, with scissors an
d paste, Is not very creditable produ
o tlon for the chief education officers
o the United States of America. / d


not think this book is one that a learne
II and intelligent American in Europ
IS would hand to any European as a spt
II clmen of the education, the learnin
e and the literature of America.-C0
Il gressi0naI Globe.