Page images
PDF
EPUB

township supervision and control, for the examination and employ ment of teachers, for the visitation of schools, and for a Territorial superintendent of common schools."7

The influence of New England laws is clearly felt in all our legisla tion, and is especially noticeable in the history of school legislation in the State of Washington.

Attempted school legislation.—The Oregon legislators did receive much from the laws of Iowa. In truth, the Iowa laws of 1839 were for some time the official statutes under which the Government operated. The first Oregon school law was passed in 1849, and as the act adopting the Iowa law was passed in 1845, the schools had applied to them the Iowa legislation for several years after the estab lishment of the provisional government.

The laws of Iowa were first adopted at the meeting at Champoeg on July 5, 1843. "The laws of Iowa Territory shall be the laws of the Territory in civil, military, and criminal cases, where not otherwise provided for, and where no statute of Iowa applies, the principles of common law and equity shall govern.”9

T. O. Abbott, in his "Real Property Statutes of Washington Territory, 1843-89", includes under subject VI, division IV, title III, the Iowa act of 1839 on common schools.

The four laws-those of Iowa of 1839, Oregon of 1849 and 1853, and Washington Territory of 1854-furnish us with the material out of which grew our early and later school statutes. The main deviation in the Oregon and later Washington school organization consisted in the abandonment of the township system and the adoption of the county as the political unit and the school district immediately responsible to the county, instead of to the township.

It is a very peculiar coincidence that all three territories had like experiences in their early history, relating to the provision for a superintendent of public instruction. In 1840 Iowa sought to improve upon her law of the previous year. The new law provided for a superin tendent of public instruction; but he was legislated out of office within a year, as the office was deemed "unnecessary", and should therefore be abolished.10 Oregon Territory had a similar experience.

'Aurner, Clarence R. History of Education in Iowa. vol. I, p. 3.

An act adopting the statute laws of the Territory of Iowa and the common law, passed August 12, 1845 Oregon Historical Society Quarterly, 5: 143.

10 Aurner, Clarence R. History of Education in Iowa. vol. I, p. 11.

4. Enactment of the First Territorial School Law in Oregon

Iowa school law prevailed under the provisional government.-As has been pointed out the laws of Iowa as a whole were adopted on July 5, 1843, at Champoeg for the provisional government of Oregon. But these were regarded as temporary and the legislature immediately set about enacting laws adapted to their own particular needs. The school needs were not forgotten.

The first bill, 1845.-No sooner had the legislature of 1845 begun to make laws for the region, than attempts were made to establish a system of free schools. A committee on education, composed of William Henry Gray, J. McClure, and Robert Newell, was organized on August 6, 1845.11

This committee presented a bill in relation to schools, which was read the first time on August 9. Two days later it came up for a second reading, and as far as the records go, perished there. The next attempt to legislate on the subject was at the instigation of W. H. Gray, who introduced another bill on common schools, December 13, 1845. This bill survived three readings, but was lost on the last afternoon of the session, which was only 6 days later.12

We are safe in drawing the conclusion that many people were awake to the necessity of public education at this early date, which, it is to be remembered, was about 8 years before the separation of Washington Territory from Oregon.

Editorial in Oregon Spectator.-Public sentiment was growing. About the time of the meeting of the legislative assembly in the latter part of 1846, the Oregon Spectator of November 26 came out with a strong editorial in favor of public schools. It said:

It is quite time that some system of public instruction was established. Some commencement should be made—some foundation laid, however susceptible it might be of improvement hereafter. The subject of education has been rather neglected among us, though not inexcusably so, perhaps. The people of this country have had much to do, and have accomplished much within a few years; matters of imperative necessity engaged their attention and demanded their prompt action; shoulder to shoulder, they have worked together for the general good, with an unanimity truly surprising, even in the times of least hope. They have come out of darkness into light; out of the wilderness into the abode of happy civilization; out of the period of trial into compara tive ease and prosperity.

Governor Abernethy's message.-Whether or not this editorial had any influence upon the Governor's message, we do not know. It was

"Grover, La Fayette. Oregon Archives, 1853. p. 92.

12 Ibid., p. 152.

only 5 days later, however, that Gov. George Abernethy, in his speech before the legislature, took up the subject in these words:

I would call your attention to the subject of education, without which no country can be prosperous; it, therefore, becomes the duty of the legislature to provide liberally for the education of the rising generation.13

This was the first official message to the legislature on this important subject. Yet it brought no direct legislation. That the legislators realized its importance is reflected in the memorial to Congress which grew out of the session. A careful reading of the memorial discloses the fact that the time was not yet ripe. That "insurmountable barriers presented themselves to the general diffusion of education literally true.

However, the matter was debated. Two days after the speech of Governor Abernethy was delivered, the committee of the whole reported its recommendation that affairs relating to education be referred to a committee on education. This committee had as its members William G. T'Vault, who was the first publisher of the Oregon Spectator, W. F. Tolmie, and Lawrence Hall. Mr. T'Vault, for the committee on education, made a report on the 9th of December, recommending a memorial to Congress on the subject of education. Mr. T'Vault stated that it was largely the work of Mr. Peers. This memorial was presented by the Vice President in the United States Senate on December 8, 1847. It called attention to the physical and economic barriers that prevented the organization of a system of edu cation in Oregon, and "upon the consideration, therefore, that the general diffusion of knowledge is among the leading principles of a government founded upon republican principles like that of the United States", they asked the Government to take steps necessary to aid in the establishment of schools by grants of land, so that they might "place a sound elementary education within the reach of all."

First public school organization. In the early part of 1847 we find a concrete example of the organization of a community for educational purposes. This is the first instance in our history of such a publicschool organization.

The Oregon Spectator under date of February 18 published an item on "Public Schools" in which they said they had

received a letter from the Reverend J. S. Griffin containing the very gratifying infor mation of the organization of the citizens of Tualatin Plains, for the purposes of educa tion. A board of trustees was established, of which Mr. Griffin is secretary, empowered with the responsibilities of securing approved teachers, importing from time to time all necessary books, embracing late improvements in teaching, and as the agents of the

Oregon Archives, vol. 1, 1843-1849, p. 163.

people, to take such general superintendence of matters as will be best calculated to secure the permanency, utility, and prosperity of school operations. These trustees are to hold their office for one year, and it was made their duty "to call meetings of the community, near the close of the year", for the purpose of reorganizing said board of trustees, and to call other general meetings for counsel and instruction, as occasion may require. It was likewise made the duty of the secretary, in addition to the usual duties of such an officer, to make such importation of books, stationery, and school apparatus as the board shall order.

The Spectator lauded this effort, and suggested that other sections might follow. This was the occasion when it said with prophetic vision, "Let the seeds of knowledge be sown broadcast throughout the land, and we shall ever have a vigorous, industrious, and happy population."

From the meager amount of information given, it is somewhat difficult to ascertain upon what plan the Tualatin Plains public-school system operated. It may be noted that the Laws of Iowa of 1839 had been adopted as the statutes of Oregon about 2 years previous to the inception of this system. Is there any reason to believe that the Iowa school law was in operation at Tualatin Plains? There are some points of similarity which can be recognized. The directors were elected for 1 year. The Iowa legislation had a similar provision. Again, the idea of a reorganization of the board at a "called" meeting near the end of the year, resembles to some degree the accounting at the year's end stipulated as a duty in section 6 of the Iowa law. However, other provisions, as told by the Spectator, are so much at variance that much doubt might be expressed that those citizens had access to a copy of the Iowa statutes. We are told in a petition of Oregon citizens to Congress, of October 2, 1847, that there were only two copies of the Iowa Statutes in the Territory.14

The foregoing comments emphasized the necessity of a code of law in Oregon at that time. In the absence of available copies of the Iowa statutes, and also in the absence of local laws defining the plan of organization communities which were anxious to establish the publicschool idea were at a loss. People wanted schools. Public sentiment was growing in their favor. "Let us establish a school in every settlement in our land", wrote a correspondent to the Spectator, "provide good and comfortable schoolhouses, books, and apparatus. Let us employ teachers well qualified for the task, and sustain those well, who prove competent; so that our children may be benefited, and the teachers continue in their proper sphere. Let us through our representatives as early as practicable, urge the appropriations of pub House Miscellaneous, 1st sess., 30th Cong., p. 3.

lic lands, in every township throughout the Territory, for the purpose of supporting common schools. By doing so, the labor of our hands will not be lost, but on the contrary, our children will bless us, and our children's children will revere our memory, and become a blessing to the world." 15

While there were other acts which bear upon this history with some importance, passed that year and the following, there was no school legislation despite the fact that Governor Abernethy again inserted a paragraph on education in his message of December 7, 1847. He said: The cause of education demands your attention. School districts should be formed in the several counties, and schoolhouses built. Teachers would be employed by the people, I have no doubt, and thus pave the way for more advanced institutions. 16

This legislature busied itself materially with memorials to Congress, and in the early part of 1848 the memorial of the legislature, the one by J. Quinn Thornton, and a petition of citizens, all were presented to Congress. In the legislature of 1848 Vancouver County, which later became Clark County, was represented by Adolphus Lee Lewis. Levi L. Smith had been elected from Lewis County, but did not serve. This county was represented by Simon Plomondon.

It was not until 1849 that anything was done for the territorial sys tem of education by the legislature. In the meantime Oregon had be come Oregon Territory, and Congress had endowed it with a liberal gift of land for school purposes. The Honorable Joseph Lane issued his first proclamation as Governor of Oregon Territory on March 3, 1849. The house of representatives had met the previous month at the home of Walter Pomeroy in Oregon City; a committee on education, including Henry J. Peterson, C. L. Curry, and William Portius, had done nothing. Indeed, Governor Abernethy's message of the 5th of February was silent on the subject of schools. Education needed an exponent.

Leadership of George H. Atkinson. This leader arose in the person of the Reverend George H. Atkinson who had arrived in Oregon about 9 months antedating the issuance of Governor Lane's proclamation. Soon after the latter event the Reverend Mr. Atkinson called a public meeting in Oregon City to discuss several matters of importance. One question was "Shall we organize a system of free schools?" There was a lengthy discussion, and when the vote was taken the result was 37 for and 6 against free schools." "At the request of

18 Oregon Spectator, April 29, 1847.

16 Oregon Archives, vol. 1, 1843-1849, p. 210.

17 Gaston, Joseph. Centennial History of Oregon. p. 591.

« PreviousContinue »