REPORT OF THE COMMITTEE ON EDUCATION

IN THE

HOUSE OF REPRESENTATIVES.

[Session of 1823.]

THE select committee on so much of the Governor's message as relates to Education, to whom was referred the report of the Commissioners on Common Schools, have considered the subject submitted to them, with as much attention as the short time allowed them for deliberation would permit, and now beg leave to make the following report:

Rome, for an exemplification of this truth. It is abundantly attested by the records of more modern times. Wherever ignorance and its concomitants predominate, no matter what may be the name or the form of the government, the destinies of the many are controlled by the artifices of the favored few; the voice of reason is hushed, and she is made the puppet of passion, and prostituted at the shine of ambition. No free institutions, however perfect in theory, ever were, or ever can be, durable or effective, unless the public mind be generally enlightened. Ignorance, if predominant, will inevitably convert a free and happy government into the most oppressing and galling despotism.

It can scarcely be necessary, in this enlightened age, to present to a free people any arguments in favor of a general diffusion of knowledge, farther than what have already been advanced by the commissioners; and were there even any peculiar circumstances attending the situation of Kentucky, which might render it expedient to take an extensive survey of the value and utility of common Under a form of government like ours, schools, with a notice of their history and ef- whose very basis is the equality of the citizens fects, moral, social, and political, your com--whose soul is public opinion-it is more pemittee would deem it only necessary to call the attention of the community to the ample and judicious remarks upon this subject, contained in the report of the commissioners. Availing themselves, therefore, of that valuable document, which presents so satisfactory and imposing a view of the subject, they will confine themselves, in this report, to a few hasty and prominent considerations, supplementary to the suggestions made by the commissioners.

Ever since the period when the intellectual and moral darkness, which hung over mankind during the middle ages, was dispelled by the light of science, and of civil and religious liberty, which dawned in the fifteenth century, the march of liberal ideas and true philosophy, although slow, has been steady and constantly progressive, until the time has arrived when the rights of man are generally understood, and he is restored, in some portions at least of the civilized world, to the dignity of his nature, and elevated to his just rank in the scale of being. This happy consummation has not been the result of blind chance; but of the natural and powerful influence of reason, in its gradual developments. Ignorance and superstition are the talismanic agents, by the aid of which the ambitious demagogue has ever been enabled to deceive and control, and by which alone tyrants have subjugated the great body of the people. No people were ever long free, unless they were not only virtuous, but enlightened. We need not recur to the ancient histories of Greece and

culiarly essential that knowledge should be accessible to all. If the great mass of the people be ignorant, liberty will soon be stifled; her votaries will be amused with her shadow, while her substance is gradually drawn away, and her vitality extinguished. The great objects and tendencies of education are, not only to enlighten, but to liberalize and expand the mind, to improve the heart, and thereby to meliorate and dignify the condition of society. The muses are the natural associates and guardians of liberty. Their residence is her favorite abode. To enjoy our rights, we must understand them well; to secure and protect them, we must not only feel their value, but be acquainted with their extent and appropriate limitation.

That theory which pronounces all men equal, is in practice a delusion, unless all have the capacity to know, and thus to preserve inviolate, their civil and political rights. No species of inequality is so much to be dreaded in a popular government, or deserves so highly to be deprecated by the patriot and philanthropist, as the inequality of mind and of mental attainments. Fortune ever has been, and ever will be, unequal in the distribution of her gifts; but this inequality should, as much as possible, be counteracted, and its anti-republican tendency checked and restrained by the guardianship and benevolence of a provident government. The intellect of every citizen, especially in a republic, is the property of the commonwealth. Indeed, the cultivated minds of the people constitute the chief

treasure of a free state. There is an infinite Kentucky; and we may confidently indulge expansibility in the mind of man; and it is the hope, that our University is destined to among the first and most important duties of reflect honor on the State, and lustre on the the government, to improve the elasticity and Union.

cultivate the intellectual energy of the whole But while we are thus wise and generous in commmunity. Thus, the common property of the patronage of the higher seminaries of society, which constitutes the basis of its learning, shall we neglect those of a more power and happiness, will be indefinitely humble, but not less essential or valuable augmented. Thus, and thus only, will liberty character? While we are thus benefitting the and equality, social peace and permanent state, by the facilities we afford to one class of prosperity, be preserved our citizens, is it judicious, is it republican, to "Knowledge is power;" and the only way withhold the aid it is in our power to afford to to preserve an equality of the latter, is to pro- those who need it most, the great mass of the mote a general diffusion of the former. But a community? While other states are wisely wholesome development of the moral, physi- laboring to improve the system, and extend cal, and intellectual faculties of all the people the advantages of common schools, shall Kenof both sexes, will make our institutions more tucky be careless or indifferent on the substable and our laws more efficacious-will ject? Shall she not be anxious to maintain elevate the character of our State, and promote her rank, in this important particular, as she both personal and social peace and happiness, has hitherto done in other respects, among and will afford the best of all safeguards of her sisters of the federal family? Kentucky public order and individual security. The abounds in resources, natural, moral, and inonly truly effectual law is that inscribed on tellectual. Let it then be our effort to call the Heart; and by enlightening the popular them forth, and render them useful. Let us Head, and rectifying the popular Heart, pub- be careful to husband them well, and rouse lic peace and private right will be made more into action all the dormant energies of our secure than they could possibly be made by citizens. This course, in the opinion of the the wisest code of human laws, backed by the committee, is due, not only to our own interbest of human sanctions; and consequently ests as a state, but to the great cause of freemuch more will be saved to the public and to dom and humanity. The American States individuals, by popular education, of the right are the depositories of the liberties of mansort, than will be expended in the universal kind. They are, by their political experidiffusion of it, even at the cost of the common- ment, fighting the great moral battle of sucwealth. It is, therefore, at once the interest ceeding generations. By the diffusion of and duty of government to afford facilities knowledge, and the promotion of virtue, our for education; so that, as far as possible, every free institutions may be rendered indestructiintellectual seed may be made to expand and ble, and the blessings of self-government exfructify. The general diffusion of scholastic tended and perpetuated. instruction cannot be expected from the spon- Common schools have ever been considered taneous and unassisted efforts of the people. the best agents for circulating the rudiments The rich, it is true, can educate themselves; of knowledge. In most of the old states, they but the poor, and those in moderate circum- are, and long have been, in successful operastances, must depend, in a great measure, for tion. Kentucky, being the first offspring of the means of information, upon the care and the "original thirteen," and being the nucleus assistance of a parental government. Hence, of all the young states in the great valley of the propriety of legislative interposition and the Mississippi, owes it to herself and to them. patronage. By the tutelar assistance of the to set a good example, by instituting, as early state, many a brilliant mind, otherwise des- as possible, a system of education, that promtined to languish in obscurity, may be brought ises to be the source of such extensive and forth and expanded; many an humble indi- durable usefulness. vidual, otherwise without the means of cultivation and improvement, may be rendered an ornament and benefactor of mankind, and enabled to "pluck from the lofty cliff its deathless laurel."

The only doubt with the committee, is as to the practicability of maturing aud adopting an appropriate system at the present time.

They are inclined to believe, that an attempt to put any plan into immediate operation, Wherever common schools have been tried, might, for the want of maturity and systemat their results have been eminently beneficial. ic arrangement, be unsuccessful and inauspiIn Kentucky, the experiment has never yet cious. The Literary Fund, they fear, is at been made, only because the population has present insufficient to accomplish the object. not heretofore been deemed sufficiently dense It should, in the opinion of the committee, be and homogeneous, nor the condition of the so far enlarged, as, by its interest, to support people so much diversified by the inequalities the whole system. How and when this can of fortune, as to render its adoption expedient be effected, they think should be left to the or necessary. Literary institutions for the at- decision of succeeding legislatures. That it tainment of the higher branches of knowledge, may be effected, and that speedily, they are and for the education of those whose funds are sufficient to pay for their own tuition, have, we are proud and happy to say, been sufficiently multiplied and liberally patronized in

well convinced; and although the time does not appear to have arrived, when it would be prudent or practicable to commence the actual operations of the system, the committee are

extremely anxious that the legislature should object, and will unite in any judicious and apbegin, even now, by its preparatory meas-propriate plan for attaining it, there can be ures, to give an impulse to public opinion, no doubt. The committee, therefore, deem it and to lay the foundation of the ultimate edi

fice.

expedient to diffuse information on the subject, and call public attention to its consideraThe committee are neither prepared nor in- tion, which can be done, perhaps, in no other clined to submit any plan for adoption, at this way more effectually, than by the publication late period of the session. None has occurred and distribution of the report of the commisto them more eligible than that suggested by sioners. Time enough will be afforded, bethe commissioners. Its general principles, tween this and the next session of the legislayour committee most sincerely and confident- ture, for examination and deliberation; and ly recommend. By uniting voluntary indi- then, it may be hoped, the representatives of vidual contributions with the public appro- the people will come together prepared to act priations, the rich will certainly educate their on this interesting subject, safely and deci children, because they have paid for their ed- sively. The committee, therefore, respectfulucation, and can procure it at a moderate ex- ly recommend the adoption of the following pense; and the poor will avail themselves of resolution:

the opportunity, because it will cost them Resolved by the General Assembly of the Comnothing. In this way, all classes of society monwealth of Kentucky, That five thousand may be sufficiently informed, with an expen- copies of the report of the commissioners on diture of money comparatively inconsiderable. Common Schools, and of the report of the house It is all-important, that the experiment of of representatives on Education, be printed in common schools, whenever made, should be a pamphlet, for the use of the people of Kensuccessful. A failure, in the first instance, tucky; and that it be the duty of the secretary might discourage future attempts, and be fatal of state to transmit to the clerk's office of each to the ultimate result. The system should be county court in the state, for distribution, as well matured, and adapted to the peculiar many of said pamphlets as each county shall condition and genius of our population; and be entitled to, at the rate of fifty for each reprethe people must approve it, or it will inevita- sentative. bly fail. That the people are favorable to the

G. ROBERTSON, Chairman.

PRELECTION.

the

Shortly after the close of the last war with England, the Legislature of Kentucky initiated, what has since been called, "the relief system, by extending the right to replevy judgments from three to twelve months. To minister still more relief to debtors "The Bank of the Commonwealth ". was chartered by a statute passed on the 29th of November, 1820, and without any other capital than the net proceeds of the sales, as they might accrue, of some vacant lands, and for the debts or notes of which Bank the State was not to be responsible beyond the said capital, which was scarcely more than nominal. It was foreseen and, by the debtor class desired that the notes issued by that Bank would soon become depreciated; and in a short time, the depreciation fell to two dollars in paper of said Bank for one dollar in gold or silver. To effectuate the relief intended by the charter, the Legislature, on the 25th of December, passed an act providing that, if a judgment creditor would endorse on his execution that he would take the paper of said Bank at par in satisfaction of his judgment, the debtor should be entitled to a replevin of only three months; but that, if such endorsement should not be made, the debtor might replevy for two years; and, by an act of 1821, ca-sa for debt was abolished, and the right to subject choses in action and equities to the satisfaction of judgments was substituted. These extensions of replevin and this abrogation of the ca-sa were, in terms, made applicable to all debts whenever or wherever contracted-and were, consequently, expressly retroactive in their operation-embracing contracts made in Kentucky before the date of the enactment as well as such as should be made afterwards. To the retrospective aspect many conservative men objected as inconsistent with that provision in the national constitution which prohibits any State enactment "impairing the obligation of contracts," and also with that of the constitution of Kentucky which forbids any legislative act "impairing contracts." A majority of the people of Kentucky, desiring legislative relief, either because they were in debt or sympathized with those who were, endeavored to uphold the whole relief system, while a firm and scrupulous minority denounced it as unconstitutional and void. That collision produced universal excitement, which controlled the local elections. The question was brought before the Court of Appeals of Kentucky, and at its Fall term, in 1823, that tribunal unanimously decided, in an opinion delivered on the 8th of October, 1823, by Ch. Jus. Boyle, in the case of Blair vs. Williams, and in opinions seriatim by the whole court on the 11th of the same month, in the case of Lapsley vs. Brashear, &c., that, so far as the Legislature had attempted to make the extension of replevin retroactive, its acts were interdicted by both the constitution of the State and of the Union. As was foreseen, those decisions produced very great exasperation and consequent denunciation of the court. The Judges were charged with arrogating supremacy over the popular will--their authority to declare void any act of the Legislature was denied, and