Governor Lane the Reverend George H. Atkinson prepared the edu cational part of the forthcoming message to the first territorial legis lature July 17, 1849. This was the first impulse toward the organization of our public-school system." 18 We have seen, however, that this was not the first impulse toward organization. Perhaps it would be more nearly proper to say it was the greatest impulse. The Reverend George H. Atkinson was largely instrumental in securing the passage of the law of 1849. "In 1849 he obtained establishment of a public-school system from the legisla ture", says Harvey W. Scott.19 Atkinson was a leading Congregationalist and the founder of Pacific University. He arrived in Portland June 22, 1848, and settled in Oregon City, where he served for 15 years as the Congregational minister, and organized Clackamas Seminary. In 1852 he secured the first funds for Pacific University from the American College and Educational Society, of New York. He served as school superintendent of Clackamas County one term, and Multnomah County two terms.20 It was not strange that the Honorable John Eaton, Commissioner of Education, at Washington, selected him to report on education for Oregon and Washington. Eaton says in regard to this: In all the varied service to the different phases of education in these formative States, which the Bureau was enabled to render during the sixteen years of my supervision, I was especially indebted to him. His information was promptly furnished and trustworthy; his opinions carefully matured and thoroughly safe.21 Soon after his arrival, he engaged with others in securing the common-school system of Oregon from the legislature of 1849, Gov. Joseph Lane also favoring the same. Dr. John McLoughlin, former governor of the Hudson's Bay Company, opposed it. Oregon, when he arrived, was without our common-school system. September 4, 1848, he wrote that there were no free schools, no school districts, no appro priations for education, and no plan for it, but that only a few subscription schools existed. He was the first superintendent of Clacka mas County, 1861-62, and was the first principal in securing city graded schools of Oregon City.22 Probably no one man did more to foster and encourage education in the State than did the Reverend G. Atkinson.2 18 Ibid. Scott, Harvey W. History of the Oregon Country, vol. 2, p. 276. Scott, op. cit., p. 276, I. "Atkinson, Nancy Bates. Biography of the Reverend G. H. Atkinson, p. 497. n Ibid., p. 487. Hines, H. K.. History of Oregon. 5. The School Law of 1849 Governor Lane's Message.-Oregon had now become a Territory by act of Congress, August 14, 1848. On the day after the opening of the first Territorial legislature, July 17, 1849, Governor Lane stressed the importance of education. His message showed extended and scholarly preparation. It was couched in classical phrases and revealed that he regarded education as of paramount importance. It showed that he greatly desired definite action by the legislature. Enactment of the bill.-The portion of the Territory now known as Washington had representation in both houses. This representative was M. T. Simmons, who was acting for Clatsop, Lewis, and Vancouver Counties. S. T. McKean was the council member. There is no doubt, then, that Washington actively participated in the passage of the first school law of the Territory, that of 1849. A bill on education was presented early in the session. W. W. Buck, of Clackamas County, presented a petition to establish common free schools, July 23. This was referred to the committe on education. Mr. Blain, of that committee, presented a bill to establish a system of common schools on August 21, which was read the second time the following day. On the 23d the council devoted the whole afternoon to debating the bill and passed it 6 days later. It was read the first time in the House on September 4, and on the second reading the next day, amended in committee of the whole, was read the third time and passed as amended on September 14. It was signed by the speaker of the house on September 19, 1849.24 6. Provisions of the Common-School Law of 1849 From a state of nebulous ideas was evolved a splendid piece of educational legislation, which in the history of education in Washington deserves much attention. As will be seen its influence was greatly felt in later lawmaking. In brief, its main provisions were as follows: 1. To establish a common-school fund, the income from which should go to the support of the common schools. 2. To establish an irreducible fund from the principal accruing from the sale of lands, donations, licenses, fines, forfeitures, etc., which were appropriated for the common schools, the income from which should go to the support of the common schools. 3. To provide a tax of 2 mills to support the schools. 4 Journal of the House. First Regular Session of the Legislative Assembly, p. 55. 4. To provide for a Territorial superintendent of schools. 5. To provide for a board of school examiners in each county, to be appointed by the district court for a term of 3 years. These examiners issued certificates and gave examinations. 6. To provide for a school commissioner for each county, elected for a term of 3 years by the legal voters of the county. (The duties of the commissioner were much like those of a county superintendent.) 7. To provide for 3 directors in each district, elected by the people for a term of 1 year. 8. To provide that one director should be chosen by the directors to act as clerk. 9. To give directors power to employ teachers, contract for the erection of schoolhouses, select sites, provide fuel, and so forth. 10. To provide that the directors must make an annual report to the school commissioner of the county. Failure to do so resulted in forfeiture of apportionment from the common-school fund. (This last provision was amended, however.) 11. To provide for the formation of school districts. 12. To provide for an annual meeting for the election of directors. 13. To give districts power to levy and collect district taxes for school purposes. 14. To provide that any school supported by taxation should be free and open to all children between the ages of 4 and 21. 15. To provide that no discrimination should be made because of religion. Comparison with the Iowa law. This law shows little of the Iowa influence. There are a few points of similarity, however, that may be of interest. The Iowa law provided that the common schools should be "open and free to every class of white citizens between the ages of four and twenty-one years", while the Oregon law provided that schools supported by taxation should be "open and free to all children between the ages of four and twenty-one years." A most radical change was found in the fact that the Oregon system threw over board four of the seven district officials necessary in the Iowa system, and entrusted the district affairs to a board of three directors. The Oregon statutes were different in the matter of the establishment of the common and irreducible school funds, also in providing a 2-mill tax for school purposes. The Iowa law did not provide a general tax. The provision of electing officers for a term of 3 years seems to go back to the Michigan law. This brief digest suggests much of later legislation, some of which remains on the statute books to this day. In truth, coming out of those legislative halls only 6 busy years after the beginning of organized government, it shows remarkable judgment and foresight. 7. First Territorial Superintendent of Common Schools in Oregon According to the provision of the law, which went into effect at once, the council repaired to the Hall of Representatives on September 27, 1849, for the purpose of electing several Territorial officers in joint session, among which was a Territorial superintendent of common schools. James McBride was elected to this office.25 Mr. McBride took hold of the position with a great deal of enthu siasm, as is evidenced by his correspondence to the Spectator. Whether or not he had much to do with the passage of the law, does not seem to be on record. He wrote from Lafayette on the 29th of October, 1849: I frankly confess that I feel a sort of Territorial or Oregonian pride in the law itself. It is indicative of a high degree of intelligence, scientific and literary; and also of moral worth for which we might seek in vain, in many of the States. That a country so new as ours, and settled too under so many disadvantages, yet amongst the Indians, as a portion of our neighbors; compelled to trade with them from the necessity which circumstances impose, and farther, encountering the roughness and rawness, and labor and toil incident to "new settlers", in a new and savage country, at the immense distance of two thousand miles from the nearest organized government, college, or seminary on the face of the Globe; should originate laws for educational purposes, so sage, and so applicable, is a bright constellation in the West, as praiseworthy, as it is brilliant and magnanimous. 20 This is, without doubt, a splendid opinion on the worth of the new law. McBride seems to have been very active as a Territorial executive. In the Spectator of October 24, 1850, will be found an official notice to the school commissioners, and early in 1851 he submitted his report to the council. This was in the form of an annual report, the first ever made in the Territory. On Saturday the 25th of January, the house passed a resolution, "That the council be, and hereby is, requested to furnish the house with a copy of the annual report of the superintendent of common schools." 27 This was delivered to the house 3 days later and read, and 100 copies were ordered to be printed. We have not been able to find that the report was ever printed. In fact, the information has been obtained that because of the shortage 25 Journal of the House, 1849, p. 74. Oregon Spectator, Dec. 13, 1849. 17 House Journal, 1851, p. 69. of money, much of the public printing was never done. It seems that McBride's report is among those lost documents. Oregon lost many valuable papers and records when the State House at Oregon City was destroyed by fire. Dr. James McBride, a prominent physician of Oregon, came to the Territory in 1846 from Tennessee, where he was born in 1800. The doctor and his wife had 14 children, 10 in Missouri. Crossed the plains in 1846; settled in the Yam Hill County, Oreg., on a donation claim of 640 acres. Began in log cabin. Practiced medicine over much of the State, riding on horseback, and without compensation. He resided on his farm until he received an appointment from President Lincoln to the Sandwich Islands as minister. He was an active Republican. The doctor moved his family to the village of Lafayette. He held the office in the Sandwich Islands until the death of President Lincoln and Johnson's succession, when he resigned and returned to Oregon. He moved his family to St. Helens, Columbia County, where he spent the remainder of his life. He died in 1884. McBride was a member of the first Territorial Convention held in Oregon.28 Superintendent's office abolished.-Only 10 days after the superintendent's report was submitted to the house and ordered printed, an act passed both branches of the government abolishing the office. The reason for this action is not fully understood. We can only conjecture in regard to it. Possibly it was not due to a sentiment that the office was unimportant; all evidence seems to indicate the opposite. However, it might have been due to the fact that the office was considered the least important of the many offices necessary to run the government, and on account of the expense involved the Territory could not well maintain it. On the other hand, the newness of the country, with its poor methods of transportation as well as other physical deterrents, may have demonstrated that the system was impracticable. The later action taken, putting this officer's duties into the hands of local officials, seems to bear out this latter contention. We have information as to the amount of money Superintendent McBride spent in the 16 months that he held the office. On December 20, 1852, an act was passed authorizing the Territorial treasurer to pay Dr. James McBride for services as superintendent of common schools in the years 1849-51, the sum of $679.54. This is not a considerable sum today, but was much at that time, and possibly more than the benefits of the office seemed to justify. "Hines, H. K. Illustrated History of Oregon, p. 1152. 65757°-35-6 |