Constitution of 1816 required free schools of all grades.The first state constitution of Indiana, adopted in 1816, contained the following requirement:

It shall be the duty of the General Assembly, as soon as circumstances will permit, to provide by law for a general system of education, ascending in a regular gradation from township schools to a state university wherein tuition shall be gratis, and equally open to all.

This is one of the most liberal of the constitutional provisions made by any of the states for education. Some of the states which had adopted constitutions before Indiana made no reference to schools. Some made mention of schools, or contained narrow provisions, such as that of Pennsylvania, which provided only for public schools for the poor. None of these provisions were superior to that of Indiana for free education from the elementary schools through the state university.

Free schools not developed for thirty years. It was many years, however, before any such system of schools as the constitution contemplated was actually organized. Meanwhile, however, statute after statute was passed by the legislature making limited and usually ineffective efforts for free common schools. Such meager schooling as was provided, continued, as in Pennsylvania, to be in church, neighborhood, and other private schools. Among the ineffectual attempts to establish a state system of free schools were the following:

Ineffectual laws of 1824, etc.—In 1824 an act was passed by the legislature authorizing townships, if they so desired, to elect school trustees, who were to control the schools, license teachers, etc. The law was merely permissive, not mandatory, and not many schools were opened under it. In 1831 the voters in the school districts into which townships were divided were authorized to decide how much, if any, local tax to levy for the support of schools. But these powers were practically nullified by the clause that "no person should be liable for tax who does not, or does not wish to, participate in the benefit of the school fund." A law passed in 1833

was an improvement in this respect, inasmuch as it authorized the voters of each district to determine who, if any, should be exempt from taxation. It also authorized district trustees to pay to the teachers regular salaries, but at the same time authorized the practice, which was more common, of each householder fulfilling his own "contract with the teacher for tuition, fuel, and contingencies." Various laws (1831, 1836, 1841) legalized the practice of paying public-school funds to private schools, as was the case in New York City. Opposition to free schools; failure of laws. None of these measures were successful in developing a system of public schools. Their failure is summarized by Boone in his History of Education in Indiana," as follows:

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As yet, there was no system. With an elaborate code, there were few schools. An army of officers effected but a nominal service. . . . State education had many and vigorous opponents. Elementary education was chiefly conspicuous through neglect of it. . . . Free schooling of any grade was thought by many to be dangerous to the state and subversive of the highest individual good. It was undemocratic. One member of the General Assembly, in 1837, is quoted as saying, "When I die, I want my epitaph written: 'Here lies an enemy to free schools."" It was estimated that less than one sixth of the children of school age attended any sort of school.

Caleb Mills conducted campaign for free schools, 1846.In this situation the efforts of a single individual, like those of James G. Carter in Massachusetts, were an important factor in arousing general appreciation of the necessity for reform. This individual was Caleb Mills, a native of New England, who from 1843 to his death in 1879 influenced nearly all the legislation in Indiana for common schools. In 1833 Mills became the first principal of what was later Wabash College. He had made a careful study of the needs of education in the Middle West and deliberately sought to arouse the legislature to effective action. This he did by six messages which were prepared, printed, and distributed between 1846 and 1851.

In these he emphasized the extreme illiteracy of the population of Indiana; compared the schools unfavorably with those in other states; and outlined definite legislation to secure a uniform secular system.

State common-school conventions influential from 1847.— Another factor in arousing public sentiment for ten years were the state common-school conventions, the first of which was held in 1847. At these conventions papers were presented, bills were prepared for the legislature, and addresses distributed to the people. The campaign was similar in some respects to that of Horace Mann in Massachusetts, in making the people acquainted with the actual deplorable condition of the schools and the possibilities of improvements as shown by a comparison with other states.

Referendum vote on taxation for free schools, 1847.- The efforts of Mr. Mills and the common-school conventions resulted in 1847 in the legislature passing an act submitting the question of taxation for the support of free schools to the citizens of the state for a referendum vote. The vote was taken at the election in 1848 and showed a fair majority in favor of free schools, approximately 78,000 voting for and 61,000 against taxation. The opposition was strongest in the southern part of the state, which was the oldest and most densely populated section. This opposition was probably due to the fact that the settlers there were largely from Kentucky, Virginia, and the Carolinas, where free schools were considered to be only for paupers.

Law of 1849; local tax optional in counties. In accordance with the results of the referendum the legislature in 1849 passed a law authorizing counties to levy taxes for school purposes on property and insurance premiums, and also to levy a poll tax. These taxes, with other school funds from public lands, etc., were to constitute the county common-school fund. This fund was to be distributed to the townships so as to equalize the school expenditures per scholar in different townships.

School districts were authorized to raise taxes to build and maintain schools, if they desired to supplement the money received from other sources.

There were two important defects in this law. One was that private schools could be recognized as eligible to share in the public funds at the discretion of the township trustees. The second defect was the exemption of individual counties from the operation of the law until they voted their assent. This meant a practical loss, in many counties, of the long battle that had been fought for public education. Of the ninety counties of the state, fifty-nine voted to accept the law and organize their schools according to its provisions, and thirtyone voted against it. In spite of its defects the law provided a good basis for such communities as desired an adequate system of free schools.

Summary of factors retarding development of American free secular schools. This will conclude our discussion of the four typical examples of the development of American secular public-school systems, namely, New York City, Pennsylvania, Massachusetts, and Indiana. The discussion has demonstrated that the development of free, public, secular, elementary schools was greatly retarded by the following factors:

1. By sectarian religious jealousies and the traditional practice of each congregation maintaining its own school.

2. By the practice of paying public funds to private schools, thus creating vested interests which were often opposed to the public welfare.

3. By the prevailing conception of public education as a form of poor relief, suitable only for paupers.

4. By the claim that it was undemocratic and unjust, inasmuch as citizens without children would have to pay for services from which (it was asserted) they received no benefit.

5. By the tendency to delegate powers of self-government to very small local units, where petty selfish interests were dominant.

Free schools stimulated by the Lancasterian monitorial system. The Lancasterian system of monitorial or mutual instruction played an important part in developing sentiment in the United States in favor of free public schools. We have had occasion to refer to this system before. As an improvement in the technique of classroom management it was described in Chapter V. As the basis of the elementary schools of England at the beginning of the nineteenth century, it was discussed in Chapter XI. It was adopted by the Free School Society of New York City in 1806 and was very generally used in the cities of the United States during the first quarter of the nineteenth century. In considering the Lancasterian system in its relation to the development of free schools in America, there are three principal points to be noted: first, the growth of large cities with the consequent social changes; second, the cheapness of the Lancasterian system; and third, the extremely enthusiastic and optimistic belief of publicists and educators in its possibilities.

Growth of cities concentrated ignorance, vagrancy, pauperism, vice, and crime.— The first third of the nineteenth century witnessed a very rapid growth of large cities in the United States. In 1800 there were only six cities having a population of over 8000; in 1810 there were eleven; in 1820, thirteen; and in 1830, twenty-six. The population of the six largest cities in 1800 is shown in the following figures:

In these cities existed concentrated ignorance, vagrancy, pauperism, vice, and crime. Public-spirited citizens who were concerned about the degraded social condition of the lower classes in the cities organized societies to study and improve it. Thus in New York City there was organized in 1817 the Society for the Prevention of Pauperism. This