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EDUCATION IN NEW YORK. ANNUAL REFORT OF THE Secretary’s Or Fice, Dgpartmentr of Common ScHooxs, SUPERINTENDENT OF COMMON SCHOOLS, Acpany, January 7, 1351. 3 TO THE LEGISLATURE. ‘The Superintendent of Common Schools, in ac- cordance with the requisitions of the law, has the honor to submit the following annual report :— CONDITION OF THE COMMON SCHOOLS. From the returns of the several town superin- tendente, meade to the county clerks of the re- spective counties, and bearing date on the first day July last, a ebstract of which will be found ia table A, annexed, it appears thet the whole num- ber of school districts in the State, duly organized, at that date, was 11,397, being an increase of during the preceding year. Of this number, 8,394 are composed of territory wholly situated in the town where the schoo! house of the district stands, and the remainder are joint districts, formed from two or more adjoining towns. Reports, in accordance with law, have been re- ceived by the several town superintendents from the trustees of 11,173 ot these districts, leaving 124 districts from which no returns were made. These Yeports bear date on the Ist day of January, 1850, and refer to the condition of the several schools during the year 1849. The average period duriog which the schools were taught, during that year, by duly qualified teachers, in accordance with law, ‘was eight monthe. The whole number of children, between the ages of five and sixteen years, residing in the several districts of the State, on the 3lst day of December, 1849, was 735,188; and the num- ber of children taught dunng the preceding year ‘was 794,500, being an excess of 69,312 over the mumber between the ages of five and sixteen, and 16,191 over the whole number taught in 1848. Of the number thus taught, 9,079 had been under in- struction during the entire year; 18,455 for ten months and less than twelve; 59,315 for eight months and lees thaa ten; 106,100 for six mon! less than eight; 167,732 for four months and than six; 198,022 fer two months and less than four; and 200,128 fora period less than two months. ‘The period for attendance of the remaining 35,669 ‘is not included in the reports of the trustees, which «dave been found very defective in this respect, the difficulty of ascertaining the requisite data «won which to base these returns. @BTIMATES AND ACCOUNTS OF RXPENDITURES OF SCHOOL MONEYS. During the year embraced in the report of the trustees, the whole amount of money paid for teachers’ wages in the several districts from which reports were received, was $1,322,696 24, of which (67,889 20 was public money, $508,724 56 raised wn rate bills from those sending to school, 5 27 raised by district tax to supply deficieacies in the collection of such rate bills, and id 2] Yaised in like manner to defray the rate bills of indi- gent persons, exempted by the trustees in the mode prescribed by law. The number of children thus placed on the list of indigent exempts during the vege 180, was 18,686. ee as e aggregate amount of library money expend- ed pads Ie sates ear, in the parchans oc hecke, and articles of school apparatus authorized by law, ‘was $92,456 78, and the amount raised by district taxation for such apparatus, for book cases and other purposes connected with the several district iibraries, was Lae 73, making an aggregate of $95,085 51 for library expenditures and school ap- paratus. The following sums were raised by the inhabi- tants of the several districts, during the year 1849, by district taxation, in addition to those above ified for the respective purposes enumerated, For purchasing Bites, ......006 “ building school houses, +» 16. “¢ renting houses or rooms for schools, Pp oT “* repairing school houses, . 2,090 75 “* insurance on do. 3,72 “ fuel for do. ** other purposes,......+..+ $348,886 49 Amount, as above stated, raised for sup- i plying deficiencies in rate bille,..... 31,834 27 do. do. for book cases and apparatus, 2,623 73 do. do. for exemptions of indigent children, ...+....++ seeeeeeeces = 14,748 21 Showing an aggregate amount of..... 398,097 70 Tanedl byfdistrict taxation during the ¢ ear. Add to this the amount raised by rate And the whole amount contributed by the inbabitauis of (he several districts for the support of schools duriog the year, Will bes... 6. cc. cece eee ee es $906,822 26 Amount of public money as above re- ceived and expended during the year for teachers’ wages and libraries,... $359,845 98 Total are expenditure for school purposes IM 1BMD, eee ese cece cess cece vee s+ oQ§l,766,668 24 The whole amount of public money received from all sources during the year ending on the firet day of July last, by the several town superin- tendents, was $1,035,604 85, of which $730,798 12 have been apportioned among the several districts, ‘in the mode prescribed by law, for teachers’ wages, $91,363 90 for lid: purposes, and the residue for contingent expe the several cities and large towns, where special provisions of law exist. The number of priva’ nipcorporated and se- lect schools in the State is reported at 1,697, and the aggregate number of pupils io attendance upoa such scaools during the year 1549, at 70,606. IppROVEMENT AND MANAGEMENT OF THE COMMON SCHOOL FUND. The accompanyiog tavie, marked B, contains a Staiement furnished by the Comptroller, showing the increase and diminution of the capital of the Common School Fund, are the year ending on the 30th of Septeraber last, aud the present revenue of that fund, by which it will appear that the capi- tal of this fund hn» been increased during the year by the sum of $17,109 87; und that the Colance of Tevenue now in the treasury, applicable to com- mon ‘chool purposes, in addition to the revenue accruing from the United States Deposite Fund, is $137,521 07. The umount of revenue annually | contributed to this object from the avails of the | Deposite Fund is $160,000, which, added to the | amount above stated, acerving from the Common | School Fund, gives an ag, ate of $302,524 07, as | the present reveoue of the bined funds. Asuader ‘the existing provivioas of law, not outy the capital butthe revenue of this fuad, 1# constantly and | steadily increasing, no good reason is perceived why the apportooment for the ensuing year, based upon the rato of the population of the States as ascertained by the census just completed, may | mot be increaged from $245,000 to $300,000. This Amount in connection with the sums required by | the present law to be raised upon the several coun- tes and towns, by the respective boards of super- Visors, will contribute $900,000 to the support of achools and district libraries for the ensuing year, independently of any other provision; leaving only | about $500,000 to be raised by district taxation in the entre State, including the several cities, where mearly one-half of thie amount is already provided for by special laws. If, however, the system of istrict taxation shall be wholly dispensed with, a mearure which it isearnestly hoped will be adopted, and an adequate system of Stave OF county taxa- tion substituted in its stead, this liberal increase of the State apportionment will materially lessea the amount thus required to be raised. DIETRICT LIBRARIR: The whole number of voiur Schoo! district libraries of the Siate, on the 3ist of mber, 1549, was 1,449,950, being an increase of 40,796 volumes during the year reported, and comprising an average of 127 volumes to each school district. The system of district libraries is one peculiar, it is believed, to our own State. Attempts have from time to time been made to rduce it into the school orgenizations of other bat hither- to without permanent success. nefits are beyond the reach of computation. It places at the command of every inhabitant of every school die trict in the State, a collection of literary and scien- tific information, embracing every department of ‘useful and practical knowledge, and well adapted ‘to excite a taste in the minds of ¢ Teading and reflection. in the absen of any efficient local reason to believe that many of these libraries ee eee by those officers, whose special duty itis to take charge of them; and that a very large Fay me of the benefits which might other- ‘wise be derived from them, are thus lost to the in- habitants of the districts, Injudictousselections of books are also not unfrequently made by the trus- tees, and library funds committed to their — squandered upon worthless or worse than ‘worthless publications. The attentian of the Le- in the several | State, is well SCHOOL HOUSES AND SITES. Under the existiug system of supervision, the | department has no means of ascertaining the pro- gress which has been made io the improvement of school house aschitecture, und in the location and suitable embellishment of sites. Daring the year | reported, the sum of §23,490 60 was invested in the purchase of sites, aud $154,932 06 in the erec- | tion of school houses. From the best means of information within reach of the department, it is beheved that very great improvements ing these structures have taken place; that aa increased re- gard to the comfort, (convenience and health, both ot pupils and teachers, has been manifested; aad that more enlightened principles of architecture,as well as a more refined taste and a better apprecia- tion of the advantages resulting from their combi- nation, are beginning to prevail _ The enlargement of sites for school houses, the intreduction of tastefal shubbery, aad the cultiva- tion of useful and ornamental plants, should be en- coureged and recommended. Ampie grounds should be reserved by the inhabitants of districts for this purpose; and while every reasonable tacili- ty should be afiorded for that bracing and invigo- rating exercise of the physical faculues, which is essential to the healthful development of toe ha- man system, provision should at the same time be afforded for the cultivation of those higher fa- culties of our nature which have reference to the beantiful, the tasteful and the ornamensal. Trees, flowers, vines and evergreens, should find their appropriate places in the vicinity of every school house, demanding the care and repaying the attention of both teacher and pupils. The in- fluence thus capable of being exerted on the ex- | panding mind of childhood cannot be otherwise than beneficial; while the associations connected with the work of primary education will be divest- ed of much of their present repuisiveness. SCHOOLS FOR COLORED CHILDREN. There are in the State, as appears from the re- ports of the several town supenintendents, fifty-two schools for colored children, of which fifteen are located in the city of New York, six in the county of Dutchess, three in each of the counties of Kinga, Queens, Schohane, and Wayne, two in each of the counties of Columbia, Ontario, Rensselaer, Suf- folk, and Warren, and one in each of the counties of Albany, Broome, Erie, Genesee, Monroe, Or- ange, Saratoga, Steuben, and Yates. In these schools 4,971 colored children have been taught during the year embraced in the report of which number 3,345 resided in the city of New York, 560 in the county of Kings, 164 in the county of Broome, 140 in Albany, 136 in Erie, 105 in Rensselaer, 90 in Ontario, 85 in Queene, 66 in Monroe, 59 in Yates, 56 in Columbia, 36 in Greene, 28 in each of the counties of Orange and Sehoharie, 27 in Suffolk, 23 in Saratoga, and 16 in Steuben. For their sup- rt the sum of $11,480 44 has been apportioned rom the public money of the several counties and towns in which they are located; and $776 85 con- tributed by rate bills by those sending to school. The existing provisions of law for the establish- ment and support of this class of schools are quite inadequate to the increasing wants of those inter- ested; and! respectfully recommend such further legislation in their behalf as an enlightened regard to the intellectual and moral welfare of this portion of our fellow-citizens may eeem te require. Brey reasonable facility should, in my judgment, be af- forded for the organization of separate schools for their use, wherever sufficient numbers exist to war- Tant the establishment ef such schools. SUPERVISION OF THE SCHOOLS. The Superintendent deems it his duty again to call the attention ef the Legislature to the present detective system of local supervision. The expe- rience of the last year has strengthened and con- firmed the opinion heretofore expressed, that some other and more efficient agency thould be inter- posed between the several school districts and this department, than that of the Town Superintendent. It ts utterly impoesible for this class of officers to fulfil the various importaat functions which apper- tain to an uniform, thorough, and well re; fated supervision of the schools. This can be dove ef- fectually only by a county, or at lest by an assem- bly district officer, invested with the requisite powers, and subject to such restrictions and limita- tions as may be deemed expedient and necessary. Whether euch officer be chosen by the ple, elected by the Town Superintendents, or By une Board of Supervisors, the local legislature of the county, is ot eecondary importance. He should be charged with the general supervision of the schools of the district or county for which he may be ap- winted, invested with exclusive jurisdiction in the irst instance, over all school disirict controversies of every name and nature, subject to review by this department, and required annually to report the condition of the several schools under his charge, with such general suggestions for their improve- ment and advancement as he may think requisite and proper. His compensation should be made a State and county charge, in equal proportions. ‘The want of such an immediate officer has been long and severely felt in the administration of the general system. It has been foand wholly imprac- ueable for the State Superintendentto keep up such 4 correspondence with the nine hundred towa su perintendents ue is absolutely requisite to the efli- ciency and success of the system. There ts, conse- quently, an entire absence of concert or co-opera- tion between the school officers of =o county, to say nothing of the State at large. ‘There are no rd which the various improvements of the art and science of education, can be g = made known and introduced into the gteat body of our schools; and it must be obvious to the most unreflecting instead of progressing, our elementary institutions must continually, under euch influences, retrograde in value and usefui- ness. The great increase of litigation which has growa out of the provisions of the iate act of 1849, serves aleo to exhibitin a striking point of view the want of some adequate local tnduaal for the adjustment and tetticment, without costs to either party, of the various questions which are constantly presenting themselves fer determination. Trustees, and other officers of school districts, with the exception of the collector, are required to perform the various, labo- rious, perplexing, and responsible duties devolved upen them by law, without compensation. They are compelled to give their services when called upon by the inhabitants of their district, and sub- {ects d to heavy fines in case of refusal to serve. ‘nder such circumstances, it is both unjust and oppressive that they should pensive and harrassing process of litigation, in the performance of the various functions thus devolved upon them. It is true, the respective tribunals be- fore which they may be cited, liave power to ex- empt them from the se ee of costs, where it ap- on the trial that they ha ected in good but it is obvious that this exemption can reach only 4 small part of the expenses, and none | of the vexation and trouble, incurred by them in | their defenee. Ultimately, too, these expenses may | be made acharge against the district; but in the m antime they are subjectedto all the embarrasa- end burdens incideat to an angry and pro- «d course of litigation, without any adequate protection. A local officer or tribunal, vested with | exclusive jurisdiction in all eases of controversy | trising oul of the school laws, and authorized to make a final decision, subject to review by this department on appeal, and without cesis to either | perty, would, seem to afford the most equitable and | efferent mode for the settlement of this increasing | claes of questions. In connection with this subject, the attention of the Legislature 1 respectfully requested to the propriety of a formal re-enactment of the provision conferring appellate jurisdictioa upon this depart- | ment. By * mere clerical error of the engrossing clerk, the section referred to was included in the | repealing clause of chapter 382 of the laws of 1849, | amendatory of the general school law. Aad al- though the attention of the Legislature, at 11s last session, Was directed to the subject, no definitive | action was had, in consequence of the ‘«ilure of | the bill introduced for the amendment of the free | school law. The Superintendent has continued, up to the present period, to entertain appeals, as | heretofore, without objection or ‘complaint from any quarter. subjected to an ex- NORMAT. SCHO@.. _ This institution is — and steadily increasing | in usefulness and popular tavor. The report of the executive committee, which will be laid before the Legislature at an early day, will show the progress which has been made in its a¢ministration, tts pre- sent condition and probable tuture prospects. MNone of the instrumentalities provided by our common echool system, are, i e judgment ot the Superintendent, capable of accomplishing | greater permanent improvement in our elementary institutions of learning than this. The annual tho- rough preparation from one to two hundred qualinied teachers, of both sexes, and their distri- bution — the different sections of the calculated to infuse an element of advancement, the benefits of which can scarcely be over estimated. The low stand ard of qualifica- tion heretofore so generally prevalent, attendetl as | it has been, and under similar circumstances must continue to be, with a constantly decreasing stand- ord of wages, has constituted the most serious im- pediment to the intellectual and moral progress of | our schools. ‘This impediment can be removed only by a systematic movement in the opposite di- rection—a movement which the normal school has thus far suecesstully aceomplished. @islature is reepectiully requested to the expediency of such « modification of the law in this respect, as shall more eflectually secure the efficiency and utility of these institunions. The Superintendent begs leave to renewythe sug- — made inthe last annual rome from this | periment, in reference to the expediency of sup- lying each district library of the State with a of Webster's unabridged American Diction- ary. It ie in every respect quite desirable that our standords of orthography and orthoepy should be ae ferns possible uaitorm throughout the State; | @nd public opinion seems to have concentrated fimelf with very general unanimity upon those com- priced in this work. A portion of the library fund Might not inappropriately be devoted to this im- portent object It must be manifest to every enlightened mind that the utility and suecess of any system of ele- mentary education, however theoretically perfect, | are dependent almost exclusively upon the charac- | ter, attainments and practioal qualifications ot the teachers placed in charge of the school. If the revailing standard in this respect is low; if indi- viduals of doubtful moral character, or slender in- tellectual acquitements, find their way into these institutions through the poues: or indifference of | parents and employers, the injury thereby inflicted | upon the future interests of those who are subjected to the influence of this class of teachers is irre- parable. There ia reason to believe that those officers upon whom the duty of examining and licensing teachers is devolved are far too gene- rally remisa in that strict investigation, of character and attainments, which should ia all cases precede the granting of certificates. In ad- dition to the serous consequences whieh must necessarily be intheted upon the highest iaterests of the schools, where such ancompetent teachers are employed, indirect injustice is done to that large and increasing class of really qualitied teachers, who have devoted themselves to their ion, and design to rely upon itfor @ liveihood. The standard of wages for this ciass, already far too low, when compared with those of every ether liberal profession, becomes altogether inadequete when a ruinous competition must be entered into wil mere pretenders, desti- tute of suitable qualifications, either moral or intellectual, and who resort to the business of teaching as a mere temporary resource in the pro- secotion of some other trade, calling. or profession Every encouragement should be afforded ts the thorough, scienutie preparation of a body of teach- ers of both sexes, and every inducement should be held outto them to devote their entire ume and energies to the faithful prosecution of their noble and useful profession. Let our schools be rigidly closed agaist all not thus qualified and devoted to their calling, end the demand tor a higher order of instructors will speedily call forth a corresponding supply. No education 1s worthy of the name which does not include a full and faithful developement and direction of the whole moral, intellectual, and physica) nature of every child subjected to its dis- cipline; and this can be accomplished only by in- structors themselves thoroughly disciplined and fitted tor the task, and enthusiastically devoted to its duties and responsibilities. An interesting feature in this institution, during thé past year, has been the experiment of educating a number of Indian youth of both sexes, with the view of preparing them for teachers among their own people. These pupila have evinced a surpris- ing aptitude for instruction; and at the expiration of their respective terms will undoubtedly possess all the requisite qualitications for communicating instruction, in all the ordinary branches of common school education, to the children of the various tribes with which they are connected. The obliga- tions incumbent upon the State in its dealings with the scattered remnant of this interesting people, within our borders, cannot be more wisely and be- neficially performed, than by thus placing them upon a footing of intellectual and moral equality with their white brethren, through the agency of an institution designed for the benefit of the entire rising generation. ‘TEACHERS’ INSTITUTES. In most of the counties of the State, so far as can be ascertained from the reports transmitted to this department, no institutes have been held during the eee year; returns have been received from three or four counties only; and it is believed that no efforts fhave bcen made in the majority of the counties to assemble the teachers in accordance with the pro- visions of the existing law in this respect. ‘This state of things is much to be regretted. In conjunction with the State Normal school, the pe- riodical assemblage of the several teachers of each county, fora few weeks prior to the commence- ment of their spring and fall terms, 13 calculated to produce the most beneficial resulta upon the im- provement of the schools by elevating the qualifica- tions of their instructors, and tamuliarizing them with the best and most improved modes of teaching. ‘The law should, 1m the judgment of the Supern- tendent, be so amended as to secure these results, in the most efficient practicable mode. ap- propriations to the respective institutes should be increased, and the duty of convening and organia- ing them devolved upon some officer officially con- nected with ghe common schools, inatead of the county clerks. SCHOOL JOURNAL, The facilities afforded by this periodical for com- municating with the inhabitants and officers of the several districts, throughout the State, and with the several town superintendents, are such as abundantly to justify the continuance of the appro- priation heretofore made for its publication. Inthe absence of such an organ of communication, the department would be compelled to incur a h expenditure, far surpassing the amount of the ap- Li priation, in the printing and postage of circu- The experience of -the last tenor twelve years, during which the journal hasbeen published, has satisfactorily established its utility and import- ance, not only as the official channel of communi- cation with the school districts, but as the reposi- tory of valuable formation connected with the advancement and improvement of our system of publicfinstruction. REVISION OF THE SCHUOL LAWS. The numerous and important alterations and amendments which have been made in the school Jaw, since the year 1847, when the various statutes in relation tocommon schools were consolidated and re-enacted, imperatively require a revision and republication ot the entire act as amended, together with such expositions, instructions, and forms, as may be deemed neceseary and proper to carry its various provisions into practical effect throughout the State. A full and complete digest of the exist- ing provisions of law, with the forms and instructions, embracing @ concise statement of all the decisions of the several euperintendents now in force under each head, a full abstract of the various local laws, and a brief ay of the system from 5 ite origin to the present has been prepared under the direation of the department, and will be published as soon as may be after the Legislature shell have taken definitive action on the various amendments that may be submitted toits considera- tion during the preseat sersion. A copy of a simi- lar work, published in 1844, was directed to be placed in each district library of the State, for the use of the inhabitants and officers of the several districts and towns, the expense of which was de- frayed from the Library Fund; and I respectfully aeecmnens a similar disposition of the present work. FREE SCHOOLS. The history of the past year, in reference to this gieat enterprise, has beer one of mingled triumph and disaster. The principle incorporated in the “* Act for the establishment of free schools through- out the State,” has been again subjected to the test of public opinion. In their almost unanimous ap- proval of that principle, in the canvass of 1549, the electors very generally overlooked the specific de- tails of the bill submitted to their sanction, confid- ing in the disposition of the Legislature to modify such of its features as a be practically objec- tionable. Serious obstacles to the successful ope- ration of the law presented themselves almost upon the threshold of iis administration, The boards of wipervisors ir hao one-half the counties of the State, had adjourned their annual sessions be- fore the act took eflect, without making the appro- priation required by its provisiens, leaving the seve- rai school districts to sustain 4 most unequal and oppressive burden of taxation for the support of their schools. Inequalities in the valuations of taxable property, contributed,fin many locelities,jgreatly to aggravate this burden, and a spirit of opposition to the new law, inflamed by its determined opponents, mani- fested itself at the primary district meetings, and too often reeulted in the entire rejection of the esti- mutes prepared by the trustees, and the limitation of ihe term of school to the lowest possible period authorized by law. Appeals were assiduously made to the ey of the heavy tax payere—their interests sought to be arrayed against that of their lees favored brethren, and against the interests of their children; their passions stimulated by the real inequalities 2s well as fancied injustice of the burdens imposed by the new law, were readily en- listed against every atiempt to carry it into opera- tion. Numerous petuions were seat tothe Legis lature pies for its repeal er for such ameadmeats it render it more generally accepiable. It was obvious that the jaw was liable to just and serious objections, and that it did net meet with that genera! approval which was necessary to en- sure its success. Under these circumstances the friends of the new system were among the first to concede the defects of the bill, and while urging the preservation of the fundamental principle whic! it involved, were anxiously solicitous so to modify the details of the measure as to obviate all its ob- noxious features. At their suggestion, and with their co-operation, bills were introduced into both branches of the Legislature, providing for a gene- ral and equitable system of ite or county taxa- tion, for the purpose of rendering the common schools free to all, dispe: with the necessity of 4 district assessment, ow which the principal embaresement had originated. Inthe Assembly the measures thus proposed were approved by a large sory 3 the Senate did not concur in the action o| Hovse, but sent to the Heuse a bill roposing a re-submission of the law to the people. At the cloge of the session, snd when it became evi- dent that no moditfic of the obnoxious law could be obtained, this bill received the assent of the House. By the adoption of this measure, the friends of free schools found themselves in a Me embarrass- ing pesition. They were eompelled either to give their votes and influence in favor of the continuance of a law, some of the distinctive features of which were at variance both with their wishes and judg. ment, or, by sanctioning its repeal, hazard the principle which had been deliberately adopted by the Legislature, and approved by the emphatic ex- pression of the public will. The issue thus pre- sented could not fail of being greatly misappre- hended. While the electors secured the renewed triumph of the principle involved, there can be no doubt that thousands of votes were cast for the re- pen! of the law, by citizens who desired only ite emendmer id who would have recorded their sufirages in favor of a system of free schools pro- perly guarded, had the orm of the ballot permitted them to do so. lt remains, then, for the Legislature to give effi- cacy to this renewed expression of the lar will, by the enactment of a law which ehall definitely enaraft the free school principle upon our existing eystera of primary educati and, at the same time, remove all just cause of complaint as to the ine quality of taxation. District taxation has been found to be wn unequal and oppressive. It chould, therefore, at once be abandoned, go far as the ordinary sopport ef the schools is concerned. The funds necessary for the payment of teachers’ weges, in addition to the received from the State Treasury, should be State tax, equitably levied on real and property, necording toa fixed and uniform standard of valuation, by a county and town tax levied and assessed in the seme manner, or by such a combi- nation of these three modes as might be deemed moat expedient and judicious. The common schools of the State should be d-- clared free to every resideat of the respective dis. tricts, of the proper age to participate in their beae- fita; and their support should made a charge upon the whole property either of the State at large, or of the respective counties and towns in which they are situated. : The bill whieh pases the Assembly at its last seseion, yrovided foi the levying of aa annual tax of $800 060 on the real and personal property of the State, eecording to the assessed valuation of such preperty, end for the distribu'ion of the aggregate emoun’ £o to be reised, among the several counties and towns of the State, accorJing to the number of children, of proper schoo) age, residing in each. ‘This sum, tegether with the amount anaually ap- portioned from the revenue of the common school fund, would, it was supposed, be sufficieut for the support of the several schools of the State during an aversge period of eight months in each year. The whoie smount expended for teachers’ wages, during the year 19, was $1,322,696 21, to which is to be added an aggregate amouat of $110,000 for library purposos, making in the whole $1,432,696 24. ‘The Superintendent, however, entertains no doubt that the amourt proposed to be raised by the bill referred to, mconjunction with the State appro- priation, the enue from which is rapidly and steadily increasing, will be amply adequate to the payment of teachers’ wages for the average length of time during which the schools have heretofore been taught, end to the annual and adequate re- plenishment of the libraries and necessary apparatus in the schools. E Under the present defectively administered sys- tem of assessment, however, such a tax will ope- rate horn * unequally in different sections of the State. The standard of valuation, both of real and personal property, varies, as is well known, in nearly every county of the State; while in some it ia estimated at its fair and full market value; in others it is assessed at three-fourths, two-thirds, and sometimes as low as one-half its actual value. If, therefore, the exist: standard of valuation is to be made the basis of the apportionment of the pro- posed tax, it is manifeet that a very unjust and op- pressive burden will be cast upon those counties where the assessment is in strict accordance with the provisions of law, tor the benefit of those sec- tions in which its requirements are evaded by an arbit; standard of valuation. A The distribution of money when raised, serves likewise to render this disproportion still more mani- fest, that being based upon the population accord- ing to the last preceding census of the respective counties. To exhibit the practical operation of this system, a table has been constructed under the di- rection of the department, and is appended to the present report, (see a] ndix,) by which it will be geen that the city of New York, with a population of 371,223, according to the last census, and a val- uation of real and personal property amounting in the aggregate to $254,192,527, contributes > 295 33 annually as her proportion of the State tax, while she will be entitled to receive only $114,- 025 33 as her share of its proceeds ; the county of Dutchess, with a population of 65,124, and a valua- tion of $19,390,682, contributes $23,288 92, and re- ceives only $16,981 96 ; thecounty of Ringe wi population of 78,691, and a valuation of about §. 000,000, contributes $47,940 21, and receives only $24,170 83, a diminution of nearly one-half; the county of ‘Westchester, with a population of ae and a valuation of $20,018,964,contributes $24,043 and ves only $14,613 12; and the counties of Livingston, Ontario and Queens, each receive a considerably less amount than they contribute. On the other hand, every other county in the State receives an equal or @ greater amount than itis called upon to contribute. The county of Allega- ny, with a population of 40,000, and a valuation of $5797.40, raises $4,569 93, and receives nearly ba oe that amount, oral 312 25; ca noes ty of enango, with a) ation nearly, the Saas @ valuation) diag 10,736,131, ieee $5,159 22, and receives $1: 73; the coun- ty of Delaware, with a population of 37,- 000, and a valuation of $3,737,810, raises $4,499 26, and receives $11,361 89; the county of Greene, wi! ulation of 32,000, and a valua- tion of §2,7. Taiwes a. and receives $9,815 95; the countv of Jeflerson with a popula- tion of 65,000 and a valuation of $7,200,831, raises 1,648 54, and receives $19,965 17; the county of it. Lawrence witha papulation of 62,354, and a valuation of $3,587,629, raises $1,308 33, and re- ceives $19,152 73, between four and five times more than she contributes; the county of Schoha- rie with a population of 32,488, and a valuation of $1,817,804, raises $2,183 25,and receives $9,979 06, an excess of nearly five times the ameunt contribu- ted; and the counties of Steuben, Tompkins and Uleter, receive from twice to three times the amount contributed by each. These discrepancies, is obvi In Agredt measure, grow vut of the ing inequalities im Lhe respective etandards o| valuation adopted in the several counties, an should the Legislature deem it expedient to charge the annual support of the schools, over and above the revenue of the school fund, upon the taxable property ot the State, and to retain the exi mode of distribution, the necessity of devising seme mode by which the standard of valuation should be as nearly as practicable uniform through- out the State, will apparent. If this can be ac- complished, or if the distribution of the funds rais- edwere directed to be made upon the same basis with the apportionment of the tax, there can be no doubt, in the judgment of the Superintendent, that a State tax for the support of our common schools will prove the simplest, moat efficient and beneti- cial mode of providing for the object in view: the establishment and maintenance ot a system of free school education, in accordaace with expressed wishes of the inhabitants of the State. li, however, this were found impracticable, the same result may be ined by requiring the Board of Supervisors of each county of the State to raise twice the amount apportioned to the county, as @ county tax, and levy an equal amount as a town tex, in the mode prescribed by the existing law, which requires only an equal amount to be levies as a county and town tax ctively, This pro- vision would simply increase the amount of school money, now by* law required to be raised, one- third, while it would entirely dispense with district taxation, for the current support of the schools. Inequalities in the standard ot valuation adopted by the respective counties would, in this case, prove unjust and burdensome to none, as the existing law has made complete provision for the adjusiment of euch inequalities in the case of joint districts formed from parts of two er more counties or towns. The whole amount of taxable a of each county would contribute, in equal and fair proportions, to the support of the schools located within its terri- tory ; and the angry dissensions growing out of the necessity of district taxation, the fruittul source of nearly all the opposition which has been made to the existing law, would be averted. Ia by ape the public money, and the money raised by o county or State tax among the several school district, the Superintendent is of opinion that some more effectual provision than now exists, should be made forthe emailer and weaker dis- tricte, upon whom the burden of supporting a school for any considerable length of ume — the year, is peculiarly oppressive. If a specifi amvunt—eay, for instance, fifty dollars—were re- quired to be apportioned to every duly organized district whose report for the preceding year shall be found in accordance with jaw, leaving the ba- lance to be apportioned according to the number of children between the ages of four and twenty-one years residing in the district, the necessary en- couragement would be aflorded to every district, however limited its means, or however spare its population, while ample resources would be left for the larger and more populous districts. The seve- ral districts being thus furnished with adequate funds for the maintenance of efficient schools e period of eight months in each year, the trust should be peremptorily required to expend the ne thus placed at their disposal in the employment of suitably qualified teachers, for such a length of time as those means may justify. Such on arrangement would, it see prove almost universally acceptable to the people of the State. The principle involved has repeatedly re- ceived the sanction of public sentiment. Jt is in accordance with the enlightened spirit of the age. It is the only syetem compatible with the genius and spirit of our republican institutions. It is not & novelty, now for the first time sought to be en- grafted upon our bye but a principle recog- nized and carried into practical operation in our sister State of Mageachusetts, from the earliest period of ite colonial history—identified with her greatness and pea, her influence and her wealth, and transplanted from her soil to that of some of the youngest States of the Union. In each of our own cities, and in many of our larger Villages, it has been established and success fully sustained by the general approval of their 3 and wherever it has obtained a foothold, never been abandoned. It is only requisite just the details of the system, equitably and — to commend it to the poy of every a citizen as the noblest palladium and moat effectual support of our free institutions. The existing law has excited a degree of opposi- tion which was not anticipated, but it is believed that it own out of the defects of the law, T ym any prevailing hostility to the ple of free schools. jaw can be successfully and prosperously administered under our government, which does not receive the gencral approval of the people. It is the earnest desire, therefore, of the Superin- tendent, that the present law should be so amended produce greater equality—to remove al! rea- le ground of complaint, and to render our gr system of education more efficient and use- ul. p The idea of universal education is the grand cen- trel idea Lag Upon this broad and compre- beusite bass, ali the experience of the past, aul tae provided citer by comwding phenomena juture, must Our forefathers have transmitted to usa noble ia- heritance of national, intellectual, moral, and reli- gious freedom. They have confided our destin} &@ people to our own hands. Upon our individual and cembined intelligence, virtue and patriotism, rests the solution of the great problem of self-go- vernment. true to the memory of our statesmen and patriot untrue to the cause of liberty, of civilization humanity, if we neglected the assiduous cultiva- tion of those means by which alone we can secure the realization of the hopes we have excited. Those means are the universal education of our future ci- tizeus, without discrimination or distinction. Wherever in our midst 2 human being exists, with Capacities and feculties to be developed, improved, culuva'ed, and directed, the avenues of knowledge thould be freely opened, and every facility afforded to their unresinieted entrance Ignorance should no more be countenanced than vice and crime. The ove leads almost inevitably to the other. Banieh )gnorance, and in its stead introduce intelli- gence, science, knowledge, and increasing wiedom and enlightenment, and you remove, in most cases, all those incentives to idleness, vice, and crim: which pow produce such a frightful harvest of re tnbution, misery, and wretchedne: iducate | every child “to the top of his faculties,” and you nol ouly secure the community against the depre- dation of the ignorant and the criminal, but you bestow upon it, instead, productive artizans, good citizens, upright jurors and magistrates, enlightened statesmen, sclenufic discoverers and inventors, and the dispensers of a pervading influence in favor of honesty, virtue, and true goodness. [ducate every child physically, morally, and intellectually, from the age of four to twenty-one, end many of your prisons, penitentiaries, and alms houses will be con- verted into schools of industry and temples of sci- ence ; and the immenge amount now contributed for their maintenance and support will be diverted into far more profitable channels. Educate every child—not superticially—not partially-—but ¢ho- roughly develope equally and healthfully every faculty of his nature, every capability of his being, and you infuse a new and invigorating eiementinto the very life blood of civilization—an element which will diffuse itself throughout every yein and artery of the social and political system, Parl ying sreagte ening, end regenerating all its ed 4p sea, elevatin, its aspirations, and clothing it with a power equi to every demand upon its vast energies and re- sources. These are some of the results which must follow in the train of a wisely matured and judiciously organized system of universal education. They are not imaginary, but sober inductions from well authenticated facts—deliberate conclusions from established principles, sanctioned by the concurrent testimony of experienced educators and emineat statesmen and philanthropists. if mames are needed to enforce the lesson they teach, those of Washington, and Franklin, and Hamilton, and Jef- ferson, and Clinton, with along array of patriots and statesmen, may be cited. If facts are required to ilustrate the connection between ignorance and crime, let the official returns of convictions in the several courts of the State for the lastten years be examined, and the instructive lesson be heeded. Out of nearly 28,000 persons convicted of crime, but 128 had enjoyed the benefits of a good common school education ; 414 only had what the returaing officers characterize as a “tolerable” share of learn- ing ; and of the residue, about one-half only could either read or write. Let similar statistics be athered from the wretched inmates of our poor- ouse establishments, and similar results would undoubtedly be developed. Is it net, therefore, in- rably better, as a mere prudential question of politi economy, to provide ample means for the education of the whole community, and to bring those meens within the reach of every child, than to impose a muck larger tax for the protection of that community against the depredations of the ignorant, the idle, and the vicious, and for the sup- port of e imbecile, the thoughtless, and intem- rate ? pens consideration connected with the present and future welfare of the community—every dic- tate of an enlightened humanity—every impulse of an enlarged and comprehenaiv: rit of philan- thropy, combine in favor of the adoption of t! great principle. Public sentiment has declared in its favor. The new States, which, within the past few years, have been added to the confederacy, have adopted it as the basis of their system of pub lic instruction; and the older States, as one by one they are re-constructing their fundamental laws nd constitutions, are menage same pencils upon their instituti hall New York, in this noble enterprise of e tion, retrace her steps ? Shall she disappoint the high hopes and expecta- tions she has excited, by receding from the ad- vanced pcsition she now occupies in the van of educational improvement? Her past career, in all those elements which to make up the essential wealth and greatness of a people, has been one of | aft weogrese and uninterrupted expansion. Her far wee ig legislators id statesmen, uninfluenced by the eheptioicm of the timid, the ‘ignorant, and the faithless, and unawed by the denunciations of the hostile, prosecuted that great work of internal im- provement which will forever illustrate the pride and glory of her political history. The rich results of the experiment thus boldly ventured upon have vindicated their wisdom. Is the developement of the intellectual and moral resources of her millions of future citizens an object of less interest, demand- ing a less devoted consecration of the energies of her people, and wortky of a less firm and uncom- promising perseverance ? Disre garding the feeling of the present hour, and leoking only to the future, will the consciousness of having laid the foundation for the ‘eal edu- cation of our people be a less ple: subject of contemplation than that of havi aided ‘in re- plenishing the coffers of their wealth ? In conclusion, the Superintendent cannot feel that he has fully met the responsibility devolved upon him by his official relations to the schools of the State, were he to fail in again urging upon the Legislature the definite adoption of this beneficent measure. Let its details be so adjusted as to bear equally upon all, oppressively upon none. Let every discordant element of strife and passion be removed from the councils of the districts, let the neceseary arcessment for the great object in view be diffused over the vast aggregate the wealth and property, of the then let teachers, worthy of the name, teachers intellectually and morally qualitied for the discharge of high and responsible duties, dispense the benefits and niches of education, equally and impartially, to the eight hundred thousand children who annually congregate within the district school room. children of the rich and the poor, the high and the low, the native and the forergner, will then participate alike in the inexhaustible treasures of wtellect; they will commence their career upoa a footing of equality, under the fostering guardian- thip of the State, and will gradually ripen into en- lightened and useful citizens, prepared for ail the varied duties of life, and for the full enjoyment of ali the blessings incident to humanity. Cunisteruee Morea, Superintendent of Common Schools tions Rec:tved at the Herald Office Daring the Past Wook. ‘s Bye View ov New Yous avo Baooxuyn: John 218 William street One of the most beauti- tal views of New York a1 Brooklyu that ever came under our nctice. ? actions oF THR Asten: Yea 1849, Br. Levexr, on te Tuneavs oF Lire, by Richa Kimball: @. P. Pute: 166 Broadway. It i necessary for us to speak of the excelienoe of this werk, fer this is the third edition— s fact which carries commentary with it, The present edition is very handsomely got up an Iverrrere ron rar x vom Jamvany: Stringer jm ber moa ov THE Live or Jenny Linn, by N. P. Peterson, Philadelphia, A very inter- it of Jenny Lind, from her birth to the ish novel: Parts 1/and 2. This interesting work, and we have circulation. mend this litle work to the public of eacred tongs. ket to music, and adapted to all de- nominations of Christiazs, It contains a great deal of it. The style of the songs is strictly sacred, and he harmony is pleasing. Tur Prcams avo tee Pontraxe—a discourse de- livered by the Rev. George B. Cheever, D. D., on last Thankrgiving day. ecw nity OF Own Cousray—s sermon delivered b; BK. B. Porter, in Williamebargh Joreph ©. Gander, 89 @ eet, Williameburgh. An excellent ditcourse, ald be of every, person, Too many ot such serm: be published Dr Bow's Review ron Jawcany: Berford & Co, New York. A very valuable number of « ory valuable wor Baowsson's Review vor Janvany: Benjamin 1. Greene, Boston. Hor tHe How, A W. Burt ox tie Conetite tion axp THe Usiow: Thomas Ritchie, Washingt Tre Hietont, Av tmonity, aso Ire a lecture delivered by J.B. Fergu Pirst Presbyterian rob, N. Tue Law Ampixe Conac Conac (a discourse.) Brookly Aut Ham ro ree Lavo, (tousio,) written by Major Riebardeon. “Since thou has rebbed me of my heart,” (music) by the same au J.B. Gould & Co, 27 Tue Ruisowen Porxa, (music) Broadway Ax @or, add tHe How ST, Spear, of Jaques & Brother, ed to the American Nation, by an (music): Firth & Pond, Franklin re. Lrnoon, (music) Jaques & Brother, 983 Broad. we Fee Prowse Creamrras'# Farry, avo Hore, te the title of w book whioh will be published in « tow daye by Joba 8 Tayler, of Naso street. We believe thie re- book will couse Dots Littls eonsation in the religious word, and all oar | Fae Cubs Invasion Trials 88 | leb rendere: derson, at New i¢ Court. CN Im the U, 8. Ciro! ~ [From the New Orleans Delta, J: UNITED STATES VS. JOHN MEND! At the opening of the court, , Judge Mot, seed ar porn ge m mt rr. How assistant prosecutor (Mr. Benjaming should retire from the case. ' He that the question had been fully and ably We should be untrue to ourselves, un- | argued. He fully concurred in the elei ciples cited by the defendant, in eletinn to tas lease dence of the judiciary of the other de ents of he goverpment; but there was mo proof that any exe- cutive interference had been brought to bear oa this case. The District Attorney w conduct this case under the supervision of the ceurt, who would see thas: the accused had a fair trial—that there was ne oppres- sion in the prosecution. There had been no correde pondence between whe executive and this court, on thie subject. He could not, however, deny the rigbt of the District Attorney to call other counsel to his aid. in a case which would involve an amount of physical and intellectual labor beycnd th pacity of one mam. Thy District Attorney would be responsible for this assis- tant counsel. This Court would not have anything to do with the fee of this counsel, and only looked to him as part of the proseeution— xiliary employed by the District Attorney to aid him. Ofcourse, the Court would not allow the District Attorney to employ toe many counsel, or to oppress the accused in any manner. Judge McCaleb then referred to the autho- tities, and commented on them. The case of Mr. Webster, in the prosecutien of mag did not involve the point raised in this case. Mr. Webster was per- mitted to uppear in the prosecution at the request of the Attorney (ieneral, on bis assi that he re- ceived no fee as private prosecutor, which would be « viclation of special statute of Massachusetts. He then referred to the case of Mr. Wirt, on the trial of Aaron Burr, which, he said, had been entirely misun- derstood; there was no fact or statement showing that Re wis considered that he appeared in thet prose- c amicus curie, or U his right to appear in aid of the prosecution’ bad been guestioned i the ac- cused. This case was contested with great vehemenoe, may be taken fer granted that the authority of assistant counsel to appear in the prosecution would have been denied if there had been any legal objection to it. des, there were other parties posse rights as well as the scoused. The people have am te he laws. Th too, is under an obi; executed, and to ait same. There were many sary for the District Asormer $0 consult the executive department, and act by ite directions. Judge MoCaleb referred to many cases in which, in this and the State courte, assistant counsel had been employed to aid the prosecutor. He reterred to Mr. Moise’s appear- ance in several prosecutions in this Court, in aid of General Dow to the case of Gayarre, tried for mur- der, im the Criminal Court of this city; the case ef Judge Wilkinson, in Kentucky, where Mr. Hardin peared for the prosecution, and where his right to do so was strongly commented on. ould therefere rule im favor of Mr. Bevjamin’s District Attorney. Mr. Henderson stated that the Court might mention @ great many other cases, but they were cases im which the assistant counsel was employed by the Dis- trict Attormey ; but he defied the court or any body else to show a single inwhich such employmomt bad everj been made at the instance of the govera- ment Judge McCaleb stated that be knew of no such ase. case. Mr. Henderson desired the statement of Mr. Hunton, that he was authorized by the Executive to employ Mr. Benjamin, to be entered on the minutes, and that motion against the right of Mr. should be entered on the mi, betel Mr. Henderson's motion, eurt :— ya . John Henderson—Indicted fee viclating the Neutrality Laws —On the opening of this ease, J. P, Benjamin, Esq appeared to aid in the prose cution of the case, to which the defendant, Hendersem, following is objected; when it was stated by Logan Munto: ; the District Attorney of the United that Me Benjamin was employed by him on th ofthe nt of the Uni- Executive Departmeat of the Gover ted Btates And on this special cause did the said defen: object, that said attorney Benjamin should o toprosecute. Whereupon. and on argument heard.tme court did adjudge that said Benjamin had rij saa ear on employment, as authorized, and did ov fendant’s objectivn in that behalf. The jurors were then calied :— W. L. Cockrill was sworn. F. Evans being proposed, was sworn ou his voir dire, end asked, by Mr Henderson, if he bad formed aay opinion om the matter now before the court Mr E stated that he had read the proceedings cursorily inthe papers. but be never formed opinions upen mere newspaper statements. Mr Henderson—Then you may be sworn, Mr. Eases was sworn. was thencalled. objected that the jurors were not of the list given to him Mr. Hunton stated that there was no rule requiring the accused to be served with ofthe panel He \e b The Marehal then proceeded to oall the panel A great many of the jurors were absent; a good many were firemen, and some were foreigners. Judge MeCaleb—[t will be impossib! swhile under there fire and ot! N.U Brigham being called. on bia wir dive by Mr. Hende d violation of #0 called Cuban expediti Mr. Brigbara —I bave read something about the mat- er in the papers. Mr Henderson —He witnereoe about this you conversed with any of the not. you formed or expremed am opinion in relation to the guilt of the accused ? Mr. Brigham—TI never torm opinions. except when the facts are presented ina reliable 1 should decide the care according to the testimony prevented Mr. Henderron- I bave no objection to Mr. Brigham. Mr Brigham was eworn. dn hue oe then stated that. by consent of istrict Attorney, ookrill, who had alread: bees timated, had ¢: Mr Henderson entire fairners and impartiality of t eee, be ane therefore, propored t c whether be had formed an opinion upon the fact of ou expedition to Cuba and a the guilt of the parties mplieated in that expedit! « The District At Becher question, wheth not disqualify him as «juror juror to support a theory, a object. The only proper q had formed an opinion as to the guilt or innocence of the accured Mr. Benjamin bad anticipated this point, end brought # deewion. exactly in point, of Chief Justioe Maraball in the trial of Burr. Mr. Henderson replied ‘The question was misunder- stood by Mr. Benjamin Finally, it war thould be propoun. Have you brard that there was a military expeditions that went from this city tothe island of Cubs lest krill read it in the newspapers, and is the examination before the court That opision woaid yield, of course, to evidence upon which I could deotde that ti» following question Cookrill tbe care. Mr. Hendereon—Have you expressed the opinion that Jobn tt guilty, if connected with such © Mr ¢ I did say #0 to ® gentleman now in court. but added that, if acting a# a juror, | should de. cide the case acoording to testimony Mr. Henderson~ Is it your beliet that I was compli cated In said expedition ’ Dir Cockrill-t believed it and becauee it was not contr ne ind 19 nothing against Mr Henderson I theught the expedition # violation of Inw Mr. Henderson— Would ycu requite evidence to re move from yout mied the impressions already exist. ing? r Cockrill—I should req hing more than nexep: Mr Hendersom— Wor Mr. Henderson thought the juror could not be «worn job decided that. though the general ‘# Answer would imply that his mind ‘open te « there was 9 bias and impression on bis mind which had to be removed. Mr Uookrilil was net aside B. M. Norman was called, and in a jected. P. KR. Voll was then called, and being interrogsted, answered that he had formed an opinion om newspapee mente Mr. Feil was set anid Charlier Binug quiry if be bad for at he had fully George O Taylor had form to the whol 7 expedition to Oaba, including Mr Henderson Rejected ©. M, Simpson had formed an opinion against all the partios engaged in the expedition not Mr. Hendersom more the rest. Rejected answers were substantially given by DP Diemens, an opinion in relation JH. Feit, TB. Winston, Cherk H Dis, HM. Hansel, W re rejected as jurors. interrogated. atated that he had tegard to Mr oe gare pretty much the same anawer and was rwerm W. ©. Lacy rejected Here the Marshal stated that the renire wae ex- heusted MrJid gated, om was awo! here e then six jurors sworn, to wit, Messrs. ¥ Evans. H B. Lawrence, N. IH. Brigham, fl. D Lean, J 8. Conlon. Mr. Henderson stated that he should not object to the District Attorney drawing another venirr from the box, though he theught the mode of drawing «jury im the court was not « proper It thet another venire be drawn a row Conlon then appeared, ad form: being inverre d expressed me Krangelica’ @harch, in which the wife