schools exclusively under the control and direction of sects and parties, as well as by persons engaged as educators for profit. I have heard nothing to convince me that this bill should pass, and that our system of education should be changed. I have heard no argument within this chamber, because I do not recognize as argument on that point all that is said about the condition of the schools as they now exist. Our public school system in the United States of America is one of the proudest evidences of the greatness of our people, as it furnishes the basis and substratum of our institutions. Let religionists, of whatever class or kind, teach their doctrines and dogmas. They have their organizations for that especial purpose, and they contribute their means, and judiciously and carefully apply them to these ends. It is our business, by law and constitutional sanction, to preserve each in its own particular career, without interference from its neighboring organization. It is that preservation and defense against assault upon any, by either, that has marked our land and made it what it proudly is—the asylum of freedom in the world. No greater means of its continuance, no surer or more certain mode for its preservation can be found, I assert, than in the preservation of our common school system. While we denominate our schools public and common schools, let that not, as is the case now in the interior of our State, be a misnomer any longer. Let them be free, and furnish the means of education to the poor of the land. Your future members of the legislature, congressmen, governors, and presidents, are to be found among these classes, for nature has baptized the child of poverty with the blessing of energy. All the history of our country and of every free country conclusively proves this proposition, for the great men of every free land have sprung from the common people. Education is particularly for them; it is due to them from our hands and the hands of the great body of the people. I would gladly vote for a law that would compel the attendance of all children of a certain age at some school, for a certain length of time each year; but let us first furnish the means before we undertake to apply such a restriction. * * * * I have heard it intimated more than once that this question was to be made a political question; that the position that men would take here would be carefully written down and noted, and that their political status hereafter would be determined by the position they took. I have regretted this exceedingly; but if there were any reason why I should speak at all upon this subject, so as to be incapable of being misunderstood, the latter would furnish the strongest one. Whenever any portion of the people of this State, or my fellow-citizens, see fit to object to me, because of the opinions I entertain, or the efforts I make in the line and direction of duty, let them object, and let them act. I ask no favors. Whenever any portion of the people cannot find in my acts something to approve, let them condemn; it may be that I can do as well without them as they can without me. I have no high admiration for that class popularly denominated politicians-those whose opinions hang loosely about them; those changelings, who simply seek office that they may get bread. Our country has been cursed; its lamentable throes to-day are the legitimate and logical sequence of the action of these detestable creatures. My doctrine and instincts alike demand that upon any and all occasions I should speak out, and let what I say be tried upon its merits. I have no fear though, that this question will be made a political one. I do not think that there are within the limits of this State a sufficient number of men vain and foolish enough to undertake to erect as a standard of political action any form of supposed religious opinions. I do not believe there are any considerable number of men who will make it a condition of their suffrages hereafter, that the vote to be cast here shall be cast in a particular direction. I trust in God, sir, that we will be spared such a condition of things. But if it should come, and there must be a war of opinions, all I have to say is, that I am prepared to bear my part in it. I would not, to-day, for the concentration of all the offices in the country into one, and my enjoyment of that one, sacrifice the opinions that I have, or the action that my conscience demands of me in connection with this subject. 24. ELEVENTH ANNUAL REPORT, 1861. In this report Mr. Moulder argued the necessity of more money to make the schools effective; asked for an appropriation of $5000 for a State Normal School, and published the report of the Committee on Normal Schools, appointed by the State Institute, of May, 1861; reported that the State Institute had been largely attended; that the transfer of the power of examining teachers from Trustees to State and County Boards of Examination was driving the quacks out of the occupation; touched upon the subject of schoolhouses; stated that the law authorizing the adoption of a State series of text-books had been suddenly repealed near the close of the session of the Legislature of 1861, and asked for the passage of another; asked the Legislature to make some provision for school libraries; stated that within eight months after the passage of the act of April 22, 1861, 165,463 acres of township lands had been, or were about to be sold; and closed by referring to his previous reports relating to a State Military Institute. 25. SCHOOL LEGISLATION, 1862. The Legislature of this session passed an act establishing a State Normal School in the city of San Francisco, and made an、 appropriation for that purpose of $3000. The State Normal School was subsequently opened during the same year, and Mr. Ahira Holmes was appointed principal. 26. TWELFTH ANNUAL REPORT, 1862. In his last report, Mr. Moulder recommended a plan for funding the indebtedness of the State to the School Fund; that Trustees be required to report the amount of interest, if any, which they received from Township School Funds; that power be conferred on Trustees to collect rate bills by law; that the State Board of Education be empowered to adopt a uniform series of text-books; stated that the State Normal School had been successfully organized, and asked an appropriation of $6000; alluded to a State Agricultural School under the act of Congress granting lands to the same; and closed by publishing his correspondence with State Controller Warren, who had declined to pay the semi-annual interest on the State indebtedness to the School Fund. 27. SCHOOL LEGISLATION, 1863. During this session of the Legislature, the Senate Committee on Education referred the subject of revising and codifying the school laws to the Superintendent of Public Instruction, John Swett. Public opinion was not yet sufficiently awakened to secure any very liberal taxation for support of schools, but some good provisions were incorporated into the law. The following are some of the leading provisions: 1. A provision requiring the Superintendent, at the expense of the State, to furnish a State school register to each school. 2. Requiring the State Superintendent to visit schools, to attend County Institutes, and to address public assemblies on subjects relating to public schools, and providing for the payment of actual traveling expenses, not to exceed $1000. 3. Provision for the annual appropriation of $150 out of the County General Fund for the County Teachers' Institute. 4. Making the term of office of School Trustees three years, instead of one, and providing for the election of one Trustee annually. 5. Providing a stringent law for the assessment and collec tion of district taxes for building purposes, or for the support of free schools. 6. Providing for the assessment and collection of rate bills. 7. Authorizing the State Board of Examination to issue State educational diplomas, valid for six years; State certificates. of the first grade, valid for four years; and second and third grade certificates, valid for two years. An act, framed and introduced by Hon. E. F. Dunne, was passed requiring all teachers, under penalty of being illegally employed, and of forfeiting their salaries, to take an oath of allegiance. SCHOOL FUND. An act, prepared by Governor Low and Hon. D. R. Ashley, was passed providing for the gradual funding of the indebtedness of the State to the School Fund, which amounted at that time to $475,520. Under authority of an act, approved May 3, 1852, providing for the disposal of the 500,000 acres granted to this State by act of Congress for the purpose of internal improvements, and reserved by the State Constitution for school purposes, it was made the duty of the State Treasurer to convert the proceeds "into bonds of the civil funded debt of the State, bearing seven per cent. interest per annum, and to keep such bonds as a special deposit in his custody, marked 'School Fund,' to the credit of said School Fund." This provision was never complied with, for payments were made in depreciated scrip, or Controller's warrants; the scrip paid in was canceled, and to this extent the School Fund was used by the State to defray the ordinary expenses of government. The State, therefore, owed to the School Fund the sum of $475,520, derived from the sale of 237,760 acres of land, sold prior to April 23, 1858. The State had always recognized this debt by appropriating annually for school purposes a sum equal to the interest at seven per cent. per annum upon the amount of this indebtedness. But the school department was placed completely at the mercy of the annual general appropriation bill, and if no appropriation was made, as was the case in 1861 and 1862, there was no redress. This act, approved April 14, 1863, provided for the gradual funding of this unfunded debt to the School Fund, by requiring that whenever State bonds were redeemed, such bonds to such amount as should thus be redeemed with the sum of $475,520 should not be canceled, but should be kept as a special deposit in the custody of the Treasurer, marked "School Fund," in the same manner and for the same purposes as are the bonds directly purchased for said School Fund. This was an important measure. Under its provisions the entire indebtedness of the State to the School Fund has been converted into State bonds at seven per cent. 28. THIRTEENTH ANNUAL REPORT, 1863. The constitutional amendments adopted in 1862, provided for the election of the Superintendent of Public Instruction at the Special Judicial Election, instead of at the general election, and for a term of four years. Superintendent Swett's first term of office-three years—was thus cut short to a term of eleven months. He was renominated and re-elected in October, 1863. The following are some of the main topics treated of in Mr. Swett's first report. Receipts and Expenditures; School Children; Attendance; Teachers' Wages; Change of Teachers; Errors in Reports of County Superin- Reports of Teachers and Trustees; Proceedings of State Teachers' Insti- Convention of County Superintendents; County Teachers' Certificates; State Normal School; The California Teacher; Condition of the School Fund; The Schools and the State; The following is an extract from the argument in favor of a State School Tax: The most important measure which demands the attention of legislators, is that of a State school tax for the better maintenance of public schools. I believe the time has arrived in the history of our State when the absolute necessity of such action can be fully demonstrated, and when the efficiency of the schools cannot be greatly increased without it. Whenever the question of increased taxation is agitated, it is due to taxpayers and property-holders that good and sufficient reasons should be explicitly set forth, and |