{"1": {"fulltext": "1/^^", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0001.jp2"}, "2": {"fulltext": "", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0002.jp2"}, "3": {"fulltext": "FEDERAL AID TO COMMON SCHOOLS IN THE STATES.\\nSPEECH\\nOF\\nHOK J. H. EEAGAI^,\\nOF TEXAS,\\nSENATE OF THE UNITED STATES,\\nTlmrsday, January 5, 1888.\\nI assume that Congress can only lawfully levy and collect taxes\\nand appropriate money to carry out the purposes for which tho\\nFederal Government was established, and that to prom.ote aducation\\nin the States was not one of these purposes.\\nWASHINGTON.\\n1888.", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0003.jp2"}, "4": {"fulltext": "", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0004.jp2"}, "5": {"fulltext": "Federal Aid to Coinnion Schools in the States.\\nSPEECH\\nHO]^. J. H. EE AG AN\\nMr. Reagan, said:\\nMr. Pkesident: Mr. President: so much learning and ability have\\nbeen displayed during past Congresses in the discussion of the provis-\\nions of the bill under consideration and of the principles involved in its\\npassage that I can hardly hope to throw any new light on the subject;\\nand yet I feel that it is due to the people of the State I in part repre-\\nsent that I should state some of the reasons why I will vote against its\\npassage.\\nBelore entering upon a statement of these reasons I must say that so\\nmuch of the purposes of the bill as look to the enlargement of common-\\n^school facilities, improved education, and to the increase of knowledge\\nhas my most hearty approval, and any measure to promote those pur-\\nposes which would not involve a violation of the Constitution would\\ncommand my support. While the Senator from New Hampshire [Mr.\\nBlaik], the author of this bill, is entitled to great credit for the labor\\nand research he has bestowed on this subject, he is entitled to still\\ngreater credit for the humane and noble purpose which he avows of a\\ndesire to secure to the illiterate people of impoverished States the ad-\\nvantages of better education and higher civilization. It is not the pur-\\npose he would accomplish, but the method he adopts to secure its ac-\\ncomplishment to which I am opposed.\\nMy opposition to this bill is based on the absence of power in Con-\\ngress to enact such a law; on the fact that its passage would be the\\nadoption of a policy of centralization which would establish a despotism\\nof popular majorities, overthrow the Constitution, and endanger the\\nliberties of the people; because it oiFers a bribe in money to the people\\nto sacrifice their manhood and self-reliance and to surrender their con-\\nstitutional government in consideration of the paternal care of a master\\n3", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0005.jp2"}, "6": {"fulltext": "whose ultimate cruelty we may not now be able to estimate; and be-\\ncause it would be the surrender of our birthright for a mess of pottage.\\nI do not wish to see the American people surrender that sturdy self-\\nreliance which has characterized them from the first settlement of the\\nAmerican colonies to the present time, nor to see them demorali^;ed and\\ndegraded by any system of subventions from the Government which\\nwould deprive them of the indepenc ent and resolute purpose to take\\ncare of themselves without pecuniary aid from the Federal Govern-\\nment.\\nThis bill would have other important effects upon the public inter-\\nests, to which I am opposed, whether they are sought to be accom-\\nplished by the Senator from New Hampshire and other friends of the\\nbill or not. Among these would be the use of the public moneys to\\ncarry out the purpose of this bill as a pretext for perpetuating a high\\nprotective tariff and to prevent a reduction of the great burdens of tax-\\nation now imposed on the people, and by the same means to aid in the\\nperpetuation of the national debt and our present system of national\\nbanking. While I mention these two objects as important, and in\\nthemselves suiScient to control my vote against this bill, I do not pro-\\npose to discuss them now. My principal objection to it rests upon the\\nstill higher grounds just mentioned.\\nCONSTITUTIONAL QUESTION CONSIDERED.\\nI deny the constitutional power of Congress to pass such a law. Under\\nour system of dual government, where the people are sovereign, and\\nwhere they are the government-malcing power, and where they have\\nconferred such powers as pleased them on the State and Federal gov-\\nernments, respectively, and retained to themselves such powers as they\\nchose not to confer on either, it is as necessary for the law-making power\\nunder either of these governments to inquire into its jurisdiction when\\nattempting to legislate as for courts of justice with special or limited\\njurisdiction to inquire into their jurisdiction when they come to adju-\\ndicate a case.\\nWe should never lose sight of the fact that in this country the people\\nare sovereign; that they delegated to the Federal Government such\\npowers, and such only, as to enable it to deal with other governments\\nforeign to ours, that is, to control our international policy, and such as\\nto enable it to deal with our Federal and interstate relations, covering\\nsuch subjects as relate to the interest of the whole Union, such as were\\nnecessary for the welfare and safety of the whole people, and as could\\nnot with propriety and advantage be exercised by the several States.\\nSuch as the power\\nTo lay taxes, duties, imposts, and excises.\\nTo borrow money on the credit of the United States.\\nTo regulate commerce with foreign nations, and among the States, and with\\nIndian tribes.", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0006.jp2"}, "7": {"fulltext": "To establish a uniform rule of naturalization, and uniform laws on the sub-\\nject of bankruptcies throughout the United States.\\nTo coin money, regulate the value thereof, and of foreign coin, and fix the\\nstandard of weights and measures.\\nTo provide for the punishment of counterfeiting the securities and current coin\\nof th j United States, etc.\\nSuch were the powers our fathers thought it necessary and wise to\\nconfer on Congress.\\nAnd after conferring these powers they provide by the tenth amend-\\nment to tlie Constitution that\\nThe powers not delegated to the United States by the Constitution, nor pro-\\nhibited by it to the States, are reserved to the States respectively or to the peo-\\nple.\\nThe people for their own protection reserved some powers which they\\nrefused to confer upon either the State or Federal Government.\\nThe vast residuum of powers, not delegated by the Constitution to\\nthe Federal Government and not reserved to the people, are conferred\\non the several State governments. These embrace, among many others,\\nthe power to regulate the acquisition, control, and ownership of prop-\\nerty; the providing security for life, person, and property; the manage-\\nment of the estates of deceased persons, embracing the power to regu-\\nlate the descent and distribution of estates, and the making of wills;\\nthe power to regulate marriage and divorce; the power to make all po-\\nlice regulations necessary for the good of society; the power to organize\\ncourts of justice for the enforcement of the laws of the State; the power\\nto levy and collect taxes to support the State government, etc. in a\\nword, the power to regulate and control the local and domestic inter-\\nests of the people, as contradistinguished from the powers necessary to\\noariy out our Federal and foreign relations.\\nWe are told by Mr. Justice Story, section 906, in his Commentaries\\non the Constitution, a workconfessedly of the highest authority, that\\nThe Constitution was, from its origin, contemplated to be the frame of a na-\\ntional government, of special and enumerated powers, and not of general and\\nunlimited powers.\\nHe says further in the same paragraph that\\nIf the clause to pay the debts and provide for the common defense and gen-\\neral welfare of the United States is construed to be an independent and sub-\\nstantive grant of power, it not only renders wholly unimportant and unneces-\\nsary the subsequent enumeration of specific powers, but it plainly extends far\\nbeyond them and creates a general authority in Congress to pass all laws which\\nthey may deem for the common defense and general welfare. Under such cir-\\ncumstances the Constitution would practically create an unlimited national\\ngovernment. The enumerated powers would tend to embarrass and c jnfuse,\\nsince they \u00e2\u0096\u00a0would only give rise to doubts as to the true extent of the general\\npower or of the enumerated powers.\\nAnd in section 907 he says\\nFor what purpose could the enumeration of particular powers be inserted, if\\niliese andall others were meant to be included in the preceding general power?", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0007.jp2"}, "8": {"fulltext": "Nothing Is more natural or common than first to use a general phrase and then\\nto qualify it by a recital of particulars. But the idea of an enumeration of par-\\nticulars which neither explain nor qualify the general meaning, and can have\\nno other effect than to confound and mislead, is an absurdity which no one ought\\nto charge on the enlightened authors of the Constitution. It ould be to charge\\nthem either with premeditated folly or premeditated fraud.\\nThis strong language of a great judge and law writer ought to be re-\\npeated as many times as attempts are made by Congress, such as the\\npassage of the bill under consideration, to usurp the rights of the States,\\nto overthrow the Constitution of the United States, and to- make a cen-\\ntralized government to take the place of the Federal system of govern-\\nment provided by the Constitution.\\nIf I may be pardoned, I will here make a digression from this par-\\nticular line of argument so far as to state that I am of opinion no gov-\\nernment of so great territorial extent as the United States, and with\\nsuch a great variety of interest, could long be perpetuated as a central-\\nized republic. Such territorial extent and varied interests can be har-\\nmonized only under a federal republic like ours or under a monarchy.\\nIn a centralized republic of such territorial extent, population, and in-\\nterests there would always be a majority and a minority section. And\\nwhether this majority should be situated in the north, the south, the\\neast, or the west, the people of the majority section would claim the\\npolitical advantages which thefr majority assured to them, and would\\ndemand the adoption of policies oppressive to the minority section, and\\ntheir political representatives would, as a rule, insist on the adoption\\nof such policies as a means of securing and preserving popular favor.\\nThis would inevitably lead to discontent, angry strife, and in the end\\nto political turmoil and revolution. Hence in my view the great im-\\nportance of maintaining inviolable ourpresent Federal system as marked\\nout by the Constitution of the United States.\\nReturning to the consideration of the question as to the unconstitu-\\ntionality of the bill under consideration, I cite again from Story on the\\nConstitution, section 436, language, which quotes approvingly from the\\nFederalist, as follows:\\nAn entire consolidation of the States into one complete national sovereignty\\n\u00e2\u0096\u00a0would imply an entire subordination of the parts, and whatever powers might\\nremain in them would be altogether dependent on the general w^ill. But as the\\nplan of the convention alms only at a partial union or consolidation, the State\\ngovernments would clearly retain all the rights of sovereignty which they be-\\nfore had and which were not by that act exclusively delegated to the United\\nStates.\\nThe precise test as to the power of Congress is stated by Mr. Story,\\nsection 1238, as follows:\\nWhenever, therefore, a question arises concerning the constitutionality of a\\nparticular power, the first question is whether the power is expressed in the\\nConstitution. If it be, the question is decided. If it be not expressed, the next\\ninquiry must be whether it is properly an incident to an express power and", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0008.jp2"}, "9": {"fulltext": "necessary to its execution. If it be, then it may be exercised by Congress. If\\nnot, Congress can not exercise it.\\nUnder what express grant of power are we to pass this bill to aid\\nin the establishment and temporarysupportof common schools in the\\nStates of the Union Can any one point to the grant of power I take\\nit no one will attempt to do so. If this can not be done, to what ex-\\npress grant of power is it an incident and necessary to its execution?\\nWill any Senator who favors the passage of this bill answer these ques-\\ntions\\nThe tenth amendment to the Constitution, already quoted, declares\\nthat\\nThe powers not delegated to the United States by the Constitution, nor pro-\\nhibited by it to the States, are reserved to the States respectively, or to the peo-\\nple.\\nJudge story, commenting on this amendment, section 1900, says:\\nThis amendment is a mere affirmation of what, upon any just reasoning, is a\\nnecessary rule of interpreting the Constitution. Being an instrument of lim-\\nited and enumerated powers, it follows irresistibly that what is not conferred\\nis withheld and belongs to the State authorities, if invested by their constitu-\\ntions of government respectively in them and if not so invested, it is retained\\nby the people as a part of their sovereignty.\\nSpeaking further of this amendment, section 1901, he says:\\nIts sole design is to exclude any interpretation by which other powers should\\nbe assumed beyond those which are granted. All that are granted in the orig-\\ninal instrument, whether express or implied, whether direct or incidental, are\\nleft in their original state. All powers not delegated, and not prohibited, are\\nreserved.\\nIn further comment on this amendment, in the same paragraph, he\\nsays:\\nOne would suppose, if the history of the human mind did not furnish abun-\\ndant evidence to the contrary, that no reasonableman would contend for an in\\nterpretatlon founded neither in the letter nor in the spirit of an instruinent.\\nWhere is the controversy to end, if w^e desert both the letter and the spirit?\\nWhat is to become of constitutions of government, if they are to rest, not upon\\nthe plain import of their words, but upon conjectural enlargements and restric-\\ntions to suit the temporary passions and interests of the day? Let us never\\nforget that our constitutions of government are solemn instruments, addressed\\nto the common sense of the people, and designed to fix and perpetuate their\\nrights and liberties. They are not to be frittered away to please the demagogues\\nof the day. They are not to be violated to gratify the ambition of political lead-\\ners. They are to speak in the same voice now and forever. They are of no\\nman s private interpretation. They are ordained by the will of the people, and\\ncan be changed only by the sovereign command of the people.\\nThis splendid passage is at once inspiration, prophecy, and warning,\\n\u00e2\u0096\u00a0which should not be disregarded by those who wish well of the Ke-\\npublic.\\nThis brings me to consider, in the light of the provisions of the Con-\\nstitution and canons of construction which I have quoted, the report\\nof the Committee of the Senate on Education and Labor, made during", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0009.jp2"}, "10": {"fulltext": "8\\nthe Forty-ninth Congress, reviewing and indorsing the report made by\\nthe same committee on the same bill during the Forty-eighth Con-\\ngress. In that report the committee say, amo]:g other things, or rather\\nthe chairman of the committee says (for he declares that as a matter\\nof argument the committee as a whole is not responsible for the re-\\nport)\\nWe propose to inquire into the nature and extent of the power and obliga-\\ntions of the National Government to assist in the education of the people when\\nnecessary for its and their own preservation.\\nWith all respect for the honorable Senator who prepared the report,\\nI venture the statement that this is one of the most extraordinary\\npapers which ever emanated from the American Senate, in its bold and\\nutter disregard of the provisions of the Constitution of the United States,\\nof all the recognized rules of its interpretation, and of the character,\\ngenius, and traditions of our Government. As this report may be sup-\\nposed to embody the strongest arguments in favor of the passage of the\\nbill under consideration, it is proper to inquire briefly into their value\\nand merits.\\nWe may ascertain hereafter whether those members of the commit-\\ntee who are absolved from responsibility for the report, and others who\\nfavor the passage of this extraordinary bill, have been able to give other\\nand better reasons than those contained in this report in favor of its\\npassage.\\nThe author of this report says:\\nOur leading proposition is that the General Government possesses the power\\nand has imposed upon itself\u00e2\u0080\u0094.\\nNot that it is required by the Constitution, but that it has imposed\\non itself\\nthe duty of educating the people of the United States whenever, for any cause,\\nthose people are deficient in that degree of education which is essential to the\\ndischarge of their duty as citizens either of the United States or of the several\\nStates \u00e2\u0096\u00a0wherein they chance to reside.\\nThis remarkable statement of the leading proposition, as stated\\nby the honorable chairman of the committee, in favor of the passage of\\nthis bill, at one bound, without constitutional warrant (as I expect to\\nbe able to show), and without reason or authority to sustain it, and in\\nviolation of the theory of our Government and in disregard of our po-\\nitical traditions, would overthrow the great distinctive difference be-\\ntween our theory of the sovereignty of the people and the theory of the\\nmonarchies of the Old World, that the king or emperor is the sovereign\\nsource of political power. It would make this grand eleemosynary es-\\ntablishment, formerly known as the Government of the United States,\\nthe supreme and the sole judge of what is needful for the welfare of\\nthe people. In reference to ourpolitical system it would make the pyra-\\nmid stand upon its apex. It would treat the States and the people as", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0010.jp2"}, "11": {"fulltext": "9\\n\u00e2\u0096\u00a0dependent on the will of the Federal Government in all matters in\\nwhich it might determine that whenever, from any cause, they failed\\nto come u]3 to the standard of qualifications and duty which Congress\\nregards as the correct one the Federal Government can of right inter-\\nvene and remedy the supposed evil.\\nOur political theory is that the Government derives its powers from\\nthe consent of the governed; that the people are the sovereign source of\\npolitical power; that they delegated such of their sovereign power as\\nseemed to them best to the Federal Government, and such portion of it\\nas they thought best to the several States, retaining to themselves such\\nrights as they were unwilling to commit to the control of either of these\\ngovernments. If there is no express grant of power to Congress to pass\\nsuch a bill as this, and if the passage of such a Mil is not necessary as\\na means of executing some expressly granted power, then it can only be\\npassed for the reason that the Federal Government is the sovereign\\nsource of political power and may do what it pleases without reference\\nto the wishes and consent of the several States or of the people. To do\\nthis would be to overthrow the Constitution, to destroy the rights of\\nthe States, to disregard the will of the people, to change the character\\nof our Government from that of a free, constitutional republic to a des-\\npotism of centralized majorities, and in effect to deny the capacity of the\\npeople for self-government.\\nThe control of merely local and domestic questions by Congress j\\nwould, in a large measure, destroy the direct accountability of the rej)-\\nresentatives to their constituents by removing them too far from the\\n\u00e2\u0096\u00a0observation of the people, and would thus open the way for recldess,\\nimproper, and prodigal legislation.\\nAlready by loose constructions of the Constitution and by usurpa-\\ntions of power the jurisdiction of Congress has become so extended as\\nto render it difficult for it to pass the required laws. Up to a quarter\\nof a century ago it was a rare thing lor a session of Congress to pass\\nmore than a half dozen general laws outside of appropriation bills.\\nNow, by these extensions of jurisdiction, we pass a considerable volume\\nof laws at each session. If we adopt the principle which underlies this\\neducational bill, that Congress may do w hatever it supposes the gen-\\neral welfare to require, then a perpetual session of Congress will not\\ngive sufficient time for the passage of such laws as may be called for.\\nThe result would necessarily be that Congress would have to delegate\\nvery extensive powers to the heads of departments of the Government,\\nand that we should adopt a system of personal government, not resting\\n\u00e2\u0080\u00a2on the popular will and controlled by just legal provisions, but leave\\nthe interests of the public and the rights of the people to the discretion\\nand at the mercy of Cabinet officers, not selected by the people and too\\nfar removed from them to be under any direct responsibility to them.", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0011.jp2"}, "12": {"fulltext": "10\\nThis would be the very essence of despotism it might be just and mild,,\\nor arbitrary, harsh, and unjust, according to the character of the officer.\\nDo honorable Senators feel prepared to go further than we have here-\\ntofore gone, as the passage of this bill will require us to do, in assum-\\ning that the general welfare clause of the Constitution is a grant of\\npower, and in centralizing the powers of this Grovernment, in destroy-\\ning the rights of the Stat\u00c2\u00abs as they exist under the Constitution, in,\\nchanging the character of our Government, and in sacrificing the lib-\\nerties of the people\\nThe paragraph I have quoted from the report of the committee speaks\\nof the duty which the Government of the United States had imposed\\non itself. It has imposed no constitutional duty on itself, and can\\nimpose none. It derives its power by delegation from the people, and\\ncan lawfully exercise no other power than that which is so derived.\\nThe Government did not create itself nor did it prescribe its own\\npowers.\\nI shall now copy a few other passages from this report, showing the\\nreasons upon which it is proposed to pass this bill, and illustrating the\\ndoctrine by which our constitutional system of government is to be\\noverthrown. In that report it is said:\\nBut the right to educate the children throug-hout the nation, is the right to\\npreserve the Government and the nation. That right can not be curtailed. It\\ns geographically coextensive with the jurisdiction of the Government itself,\\nand self-preservation compels its exercise by the National Government when-\\never there is failure for any reason on the part of the parent or the State.\\nThis is the new method of establishing the powers of the Federal\\nGovernment to which the attention of Senators is invited.\\nThe constitutional Government of the United States has now been\\nmaintained in peace and war for nearly one hundred years. It has ex-\\nhibited a growth in population and wealth and advancement in all the\\nelements of civilization surpassing any other country in the world, an-\\ncient and modern. During nearly one-half of this time, and when\\nthe foundations of its greatness were being laid, there were no fi fie pub-\\nlic schools in any part of the country. The men who fought the bat-\\ntles of the Revolution and the men who framed our grand and wonder-\\nful Constitution of Government had none of the advantages of free\\npublic schools. I believe such schools were unknown then; and still\\nour people did not go into barbarism and our Government did not\\nperish.\\nAgain that report says:\\nBut Congress has express power to provide for the general welfare, of the\\nUnited States, and to exert its utmost power of taxation to promote that which\\nwas one of the six greatest ends enumerated in the preamble, and to secure\\nwhich the Constitution itself was ordained and established by the whole people\\nof the United States of America.", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0012.jp2"}, "13": {"fulltext": "11\\nI need hardly say that the preamble to the Constitution is no more-\\na grant of power than the caption of an ordinary act is a part of the law.\\nAnd no respectable authority can be cited to show that it is a grant of\\npower. Mr. Justice Story, whom I have so ofteu quoted, says, section\\n462:\\nAnd here we must guard ourselves against an error which is too often al-\\nlowed to creep into the discussions upon this subject. The preamble never can\\nbe resorted to to enlarge the powers confided to the General Government or any\\nof its departments. It can not confer any power perse; it can never amount by\\nimplication to an enlargement of any power expressly given. It can never be\\nthe legitimate source of any implied power when otherwise withdrawn from\\nthe Constitution.\\nAnd again that report says:\\nIf in the past the National Government has not borne its due proportion of\\nthe burdens of the education of the people, or if new conditions have arisen\\nwhich require of it a degree of co-operation with the several States not hitherto-\\nnecessary in securing to all citizens oT the Republic that degree of intelligence\\nwhich is indispensable to the safety of society and to the happiness of the indi-\\nvidual, who is at once the subject and the sovereign of both local and national\\nadministration, then the time has come for a new departure, and the withes of\\nstraw must yield to the expanding limbs of the giant vs ho is arousing himself\\nfor the labors of the time which has already come.\\nAs the writer of that report makes no allusion to the necessity of\\namending the Constitution so as to accomplish his purpose, we may\\nfairly infer that the Constitution of the United States is the withes\\nof straw which must yield to his wishes on this subject. This idea is\\nin harmony with the whole report. How do the supporters of the bill\\nunder consideration and the friends of education like that suggestion?\\nAre they ready to adopt it\\nI will give one more sample extract from that report. It is:\\nLaws are silent in -war. They were silent in the conflict through which we\\nhave just passed. But what is meant bj this Not that all laws are silent but\\nthat minor regulations which appertain to more quiet times are suspended in\\nthe overmastering presence of the great first law of self-preservation. In this\\nsense, which is the true sense, laws may become silent in peace as well as in\\nwar. We are now in peace, but if there be laws which forbid education to the\\nilliterate millions of the American people by the outstretched arm and bursting\\nTreasury and innumerable intellectual and jnoral agencies of the nation at large,\\nthen those laws should, and, in the presence of the uprising sentiment of the\\npeople, I may say, they shall, be silent in this land until by the diffusion of\\nknowledge and of the power which knowledge gives to every child within our\\nborders peace may be made perpetual.\\nIf there be any law or laws in any part of the United States which for-\\nbid the education of the illiterate millions, I have no knowledge of\\nwhere they are to be found; and I suppose the hypothetical suggestion\\nof that report on this point to be baseless. The only law which it is\\nnecessary to silence in order to secure the passage of the proposed bill,\\nand to secure the carrying out of its policy, is the Constitution of the\\nUnited States. I do not know whether it was the intention of the-", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0013.jp2"}, "14": {"fulltext": "12\\nauthor of the report to urge a lawless disregard of the Constitution in\\norder to carry the proposed measure, but I submit, in allcandor, that\\n\u00c2\u00abuch seems to be the meaning and eifect of this extraordinary report.\\nThis school bill contemplates taxing the people to the extent of\\n$79,000,000 to be applied to common -school education in the States.\\nWhere is the grant of power for the levying of such a tax to be found\\nArticle I, section 8, clause 1, of the Constitution provides that\\nThe Congress shall have power to lay and collect taxes, duties, imposts, and\\nexcises\\nFor what purpose\\nto pay the debts and provide for the common defence and general welfare of\\nthe United States.\\nI have already shown that the general welfare clause is not a\\ngrant of power. The sum of money proposed to be expended is not\\nio pay debts, nor is it for the common defense. Where, then, is the\\npower to be found which would authorize the levy of such a tax\\nThe report of the committee recommending the passage of this bill\\nassumes that, under the general welfare clause of the Constitution,\\nCongress may exert its utmost power of taxation. That is, that it\\nmay determine outside of constitutional authority for what purpose it\\nwill impose taxes on the people, and then it may oppress them by tax-\\ning to the utmost of its power. This doctrine is monstrous. And\\nagain, where do Senators find the power to tax the people of Illinois\\nfor the purpose of educating the people of Texas, or the people of Ohio\\nto educate those of Mississippi, or those of Massachusetts to educate\\nthe people of South Carolina\\nI assume that Congress can only lawfully levy and collect taxes and\\nappropriate money to carry out the purposes for which the Federal\\nGovernment was established, and that to promote education in the\\nStates was not one of these purposes.\\nOn this point I quote from page 108 of Cooley on Taxation, a book\\n\u00e2\u0096\u00a0of great merit, by an author whose book on Constitutional Limitations\\nis of the highest authority, as follows:\\nGRADE OF THE GOVERNMENT WHICH TAXES.\\nIn considering the legality of the purpose of any particular tax, a question\\nof first importance must always concern the grade of the g-overnment which\\nassumes to levy it. The public that is concerned inalegalsensein any matter\\nof govern mentis the public the particular government has been pi ovided for; and\\nthe public purpose for which that government may tax is one which concerns\\nits own people, and not some other people, having a government of its own,\\nfor whose wants taxes are laid. There may, therefore, be a public purpose as\\nregards the Federal Union \u00e2\u0096\u00a0n hich would not be such as a basis for State taxa-\\ntion, and there may be a public purpose Tvhich would uphold State taxation,\\ntout not the taxation which its municipalities would beat liberty to vote and\\ncollect. The purpose must in every instance pertain to the sovereignty with\\nw^hich the tax originates; it must be something within its jurisdiction so as to\\njustify its making provision for it. The rule is applicable to all the subordinat", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0014.jp2"}, "15": {"fulltext": "13\\nmunicipalities; they are clothed -with powers to accomplish certain objects, and\\nfor those objects they may tax, but not for others, however interesting or im-\\nportant, which are the proper concern of any other government or jurisdiction.\\nState expenses are not to be provided for by Federal taxation, nor Federal ex-\\npenses by State taxation, because in neither case would the taxation be levied\\nby the government upon whose public the burden of the expenses properly\\nrests. To provide for such expenses would, consequently, not be a purpose in\\nwhich the people taxed would, in a legal sense, be concerned.\\nI must also beg the indulgence of the Senate while I read at some\\nlength the opinion of Mr. Madison, who is often called the father of\\nthe Constitution, on this subject:\\nMr. Madison. It is supposed by some gentlemen that Congress have author-\\nity not only to grant bounties in the sense here used, merely as a comiuutation\\nfor draT\\\\ back, but even to grant them under a power by virtue of which they\\nmay do anything w^hich they may think conducive to the general welfare.\\nThis, sir, in my mind raises the important and fundamental question w^hether\\nthe general terms which have been cited are to be considered as a sort of cap-\\ntion or general description of tbe specified powers, and as having no further\\nmeaning and giving no further powers than what are found in that specification,\\nor as an abstract and indefinite delegation of power extending to all cases what-\\never, to all such at least as will admit the application of money, which is giving\\nas much latitude as any government could well desire.\\nI, sir, have always conceived I believe those -who proposed the Constitution\\nconceived it is still more fully known and more material to observe that those\\nwho ratified the Constitution conceived that this is not an indefinite govern-\\nment, deriving its powers from the general terms prefixed to the specified pow-\\ners, but a limited government, tied down to the specified powers, which explain\\nand define the general terms.\\nIt is to be recollected that the terms common defense and general welfare\\nas here used are not novel terms first introduced into this Constitution. They\\nare terms familiar in their construction and well known to the people of Amer-\\nica. They are repeatedly found in the old Articles of Confederation, Tvhere,\\nalthough they are susceptible of as great a latitude as can be given them by the\\ncontext here, it was never supposed or pretended that they conveyed any such\\npowers as is now assigned to ihem. On the contrary, it was always considered\\nclear and certain that the old Congress was limited to the enumerated powers,\\nand that the enumeration limited and explained the general terms. I ask the\\ngentlemen themselves whether it was ever supposed or suspected that the old\\nCongress could give away the money of the States in bounties to encourage\\nagriculture, or for any other purpose they pleased. If such a power had been\\npossessed by any body, it would have been much less impotent, or have borne a\\nvery different character from that universally ascribed to it.\\nThe novel idea now annexed to those terms and never before entertained by\\nthe friends or enemies of the Government will have a further consequence, whicti\\ncan not have been taken into the view of the gentlemen. Their construction\\nwould not only give Congress the complete legislative power I have stated; it\\n\u00e2\u0096\u00a0would do more, it would supersede all the restrictions understood at present to\\nlie in their power w^ith respect to a judiciary. It w^ould put it in the power of\\nCongress to establish courts throughout the United States, with cognizance of\\nsuits between citizen and citizen, and in all cases whatsoever.\\nThis, sir, seems to be demonstrable; for if the clause in question really author-\\nized Congress to do whatever they think fit, provided it be for the general wel-\\nfare, of which they are to be the judge, and money can be applied to it. Con-\\ngress must have power to create and support a ju\u00c2\u00abiiciary establishment with a", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0015.jp2"}, "16": {"fulltext": "14\\njurisdiction extending to all cases, favorable in their opinion to the general wel-\\nfare, in the same manner as they havepower to pass laws and apply money pro-\\nviding in any other way for the general -welfare. I shall be reminded, perhaps,\\nthat according to the terms of the Constitution the judicial power is to extend to\\ncertain cases only, not to all cases. But this circumstance can have no effect in\\nthe argument, it being presupposed by the gentlemien that the specification of\\ncertain objects does net limit the import of the general terms. Taking these\\nterms as an abstract and indefinite grant of power, they comprise all theobjects\\nof legislative regulations, as well such as fall under the judiciary article in the\\nConstitution as those falling immediately under the legislative article, and if the\\n\u00e2\u0080\u00a2partial enumeration of objects in the legislative article does not, as these gentle-\\nmen contend, limit the general power, neither will it be limited by the partial\\nenumeration of objects in the judiciary article.\\nThere are consequences, sir, still more extensive, ^vhieh, as they follow clearly\\nfrom the doctrine combated, must either be admitted, or the doctrine must be\\ngiven up. If Congress can employ money indefinitely to the general welfare,\\nand are the sole and supreme judges of the general welfare, they may take the\\ncare of religion into their own hands; they may appoint teachers in every State,\\ncounty, and parish, and pay them out of their public Treasury; they may take\\ninto their own hands the education of children, establishing in like manner\\nschools throughout the Union they may assume the provision for the poor\\nthey may undertake the regulation of all roads other than post-roads in short,\\neverything, from the highest object of State legislation down to the most minute\\nobject of police, would be thrown under the power of Congress; for every object\\nI have mentioned would admitof the application of money, and might be called,\\nif Congress pleased, provisions for the general w^elfare.\\nThe language held in various discussions of this House is a proof that the doc-\\ntrine in question was never entertained by this body. Arguments wherever\\nthe subject would permit have constantly been drawn from the peculiar nature\\n-of this Government, as limited to certain enumerated powers, instead of extend-\\ning, like other governments, to all cases not particularly excepted. In a very\\nlate instance I mean the debate on the representation bill it must be remem-\\nbered that an argument much used, particularly by gentlemen from Massachu-\\nsetts, against the ratio of 1 for 30,000, was that this Government was unlike the\\nState governments, which had an indefinite variety of objects within their\\npower that it had a small number of objects only to attend to, and, therefore,\\nthat a smaller number of Representatives -would be sufficient to administer it.\\nArguments have been advanced to show that because, in the regulation of\\ntrade, indirect and eventual encouragement is given to manufacturers, there-\\nfore Congress have power to give money in direct bounties, or to grant it in any\\nother way that -would answer the same purpose. But surely, sir, there is a great\\nand obvious difference, which it can not be necessaiy to enlarge upon. A duty\\nlaid on imported implements of husbandry would, in its operation, be an indi-\\nrect tax on exported produce; but will any one say that by virtue of a mere\\n:power to lay duties on imports Congress might go directly to the produce or\\nimplements of agriculture or to the articles exported? It is true, duties on ex-\\nports are expressly prohibited but if there were no article forbidding them, a\\npower directly to tax exports could never be deduced from a power to tax im-\\n.ports, altliough such a power might indirectly and incidentally affect exports.\\nIn short, sir, without going further into the subject, which I should not have\\nhere touched at all but for the reasons already mentioned, I venture to declare\\nitas my opinion that were the power of Congress to be established in the lati-\\ntude contended for it would subvert the very foundations and transmute the\\n-very nature of the limited government established by the people of America\\nand what inferences might be drawn or what consequences ensue from such a\\nStep it is incumbent on us all to consider.\\nIf reason and v?eight of authority can settle any question, the two", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0016.jp2"}, "17": {"fulltext": "15\\nauthorities just quoted would seem to settle conclusively the question\\nthat Congress can not under the authority of the Constitution appro-\\npriate money to carry out the purposes of this bill to establish and sup-\\nport common schools in the States.\\nHave Southern Senators so soon forgotten the horrors of the so-called\\nreconstruction of the Southern States, when the Constitution and laws\\nwere silent, and the people there were only permitted to hear, to suffer,\\nand to obey the commands of the military, that they are ready for a few\\nmillion dollars to take from those they represent the protecting shield\\nof the Constitution, and subject them to the capricious will, the preju-\\ndices, and the avarice of a popular majority of the American people?\\nDo they forget that they are representing the weaker section of the\\nUnion That their people need and demand protection, equality of\\nrights, and liberty more than they do money\\nI can not speak for others, but if I were to vote for the passage of this\\nbill, with my convictions as to the powers of Congress under the Con-\\nstitution, I should feel that to secure to the State of Texas the paltry\\nsum of about $4,000,000, to be paid in installments, during a period of\\n-eight years, I had voted to abrogate, to annul the Constitution of the\\nUnited States, the sheet-anchor of our liberties, the bond which binds\\ntogether what should be a perpetual Union, of what should be inde-\\nstructible States, resting on the will and auithority of the freest, most\\nprosperous, and most happy people as a whole on the face of the earth.\\n\u00e2\u0080\u00a2CONGRESS MAY APPEOPEIATE LAND, BUT IT CAN NOT TAX THE PEOPLE FOR\\nEDUCATIONAL PURPOSES.\\nIt has been assumed in argument by many Senators, that because\\nCongress had granted lands for educational purposes it could also grant\\nmoney for the same purpose. If Congress had granted lands for this\\npurpose in the absen^ of the necessary authority, such precedents would\\nnot justify the passing of other unconstitutional acts. If precedents are\\nto take the place of constitutional grants of power, then we might as\\nwell regard the Constitution as abrogated, for precedents not warranted\\nby its provisions may be found all along through the history of the\\nGovernment. There would be no more wisdom or justice in such an\\nassumption than for us to conclude that the bad acts of our private lives\\nshould serve as precedents to excuse or justify other bad acts, and re-\\nlieve us from any obligation to obey the moral law and the precepts of\\nChristianity.\\nBut there are other answers to this assumption that the giving of lands\\njustifies taxing the people to give money for educational purposes in the\\nStates. The Government lands are held in trust by it for the benefit of\\nthe whole American people, and it is simply discharged from that trust pro\\ntanto when it surrenders portions of them to aid in the cause of educa-\\ntion. And in all cases, I believe, when public lands or money the pro-\\nceeds of the sales of public lands have been so appropriated, their use and\\napplication have been controlled by the several States and Territories by", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0017.jp2"}, "18": {"fulltext": "m\\ntheir own laws and agents. If the Federal Grovernment should attempt\\nto follow its land grants into the State, and to administer them there,\\nthat would also violate the Constitution, but for a different reason than\\nfor taxing the people for the purpose specified in this bill. The appro-\\npriations of land have been absolute, without provisions for reversion tO\\nthe United States after the titles vested, and wholly freed from Federal\\ncontrol. Congress does not undertake to go into the States with its\\nlaws and its agents to administer the land so appropriated, or the pro-\\nceeds of the sales of such land, nor to require the governors of States\\nand other State officers to contorm their action in the use of such lands\\nto the requirements of Federal laws, nor to report their proceedings to\\nany Federal officer for his approval or disapproval. And, beside this,\\nunder Article IV, section 3, clause 2 of the Constitution, Congress has\\nplenary and unlimited power to dispose of the public lands, while taxes-\\ncan only be levied by the Federal Government to carry out the purposes-\\nfor which it was established, as I have tried to demonstrate. This dis-\\ntinction, it seems to me, is conclusive against the power of the Federal)\\nGovernment to levy and collect taxes to support schools in the States;;\\nand also against the assumption that because Congress has granted lands\\nto promote education in the States it can tax the people and raise and\\nappropriate money for the same purpose.\\nAtalysis of the bill,.\\nThe case is entirely different with the bill under consideration. The\\npeople are to be taxed to raise the |79,000,000. Federal officers are to\\nbe appointed to examine and supervise the reports from all of the thirty-\\neight States and nine or ten Territories. The people are to be taxed in;\\naddition to cover the cost of collecting the above sum, and for the pay-\\nment of the salaries, etc. of the required officers and clerks. And in a\\nlarge measure the money is to be collected from the people of some of\\nthe States for the benefit of the people of other States. It would be-\\nmore equitable, and much less expensive, for the citizens of each State\\nto pay the taxes to support their own schools, and to collect those taxes\\nby their own officers and off their own subjects of taxation.\\nInstead of giving this money to the several States and Territories, to-\\nbe administered by them, as in the case of the public lands given for a\\nlike purpose, this bill provides in its first section that\\nNo money shall be paid to any State, or to any officer thereof, until the Legisla-\\nture of the State shall, by bill or resolution, accept the provisions of this act;\\nand such acceptance shall be Sled with the Secretary of the Interior.\\nThe State must first accept the bribe. It must then, by bill or res-\\nolution, solemnly ratify an unconstitutional act of Congress. And thea\\nit must crown its self-accepted infamy by filing such bill or resolutiott\\nwith the Secretary of the Interior.\\nThe fourth section of the bill evinces so clearly the complete subor-\\ndination in which the States are to be held to the Federal laws and\\nauthorities that I shall quote all of it down to the proviso, as follows.", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0018.jp2"}, "19": {"fulltext": "17\\nSec. 4. That no State or Territory shall receive any money under this act until\\nthe governor thereof shall file with the Secretary of the Interior a statement,\\ncertified by him, showing the common-school system in force in such State or\\nTerritory the amount of monej expended therein during the last preceding\\nschool year in the support of common schools, not including expenditures for\\nthe rent, repair, or erection of school-houses; whether any discrimination is\\nmade in the raising or distributing of the common-school revenues or in the\\ncommon-school facilities afforded between the white and colored children\\ntherein, and, so far as is practicable, the sources from which such revenues were\\nderived; the manner in which the same were apportioned to the use of the\\ncommon schools; the number of white and colored children in each county or\\nparish and city between the ages of ten and twenty-one 3 ears, both inclusive,\\nas given by the census of 1880, and the number of children, white and colored,\\nof such school age attending school the number of schools in operation in each\\ncounty or parish and city, white and colored; the school term for each class;\\nthe number of teachers employed, \u00e2\u0096\u00a0white and colored, male and female, and the\\naverage compensation paid such teachers; the average attendance in each class,\\nand the length of the school term. No money shall be paid out under this act\\nto any State or Territory that shall not have provided by law a system of free\\ncommon schools for all of its children of school age, without distinction of race\\nor color, either in the raising or distributing of school revenues or in the school\\nfacilities afforded.\\nNo comment is necessary to expose its purpose.\\nThe section goes down into tlie States, takes hold of State officers,\\ndirects how they shall do and what they shall report. I leave that\\nquestion with Senators for their consideration.\\nThe fifth section of tie act contains the following:\\nAnd the Secretary of the Interior is charged with the proper administration\\n\u00e2\u0096\u00a0of this law, through the Commissioner of Education and they are authorized\\nand directed, under the approval of the President, to make all needful rulss and\\nregulations, not inconsistent with its provisions, to carry this law into effect.\\nThat is, to carry a Federal law into effect within the States, and re-\\nlating to a question of local State policy, the education of the children\\nof these States.\\nIt provides in the sixth section what studies shall be taught in State\\nschools in which the State furnishes the houses, pays the general ex-\\npense of administering the law, and at least one-half the current ex-\\npense for instruction proper, as follows:\\nThat the instructions in common schools wherein these moneys shall he ex-\\npended shall include the art of reading, writing, and speaking the English lan-\\nguage, arithmetic, geography, and history of the United States.\\nIt then graciously adds:\\nAnd such branches of useful knowledge as maybe taught under local laws.\\nSo the Federal law will not even trust the States to prescribe the\\ncourse of study for their children.\\nBut this delectable section proceeds:\\nAnd copies of all school books authorized by the school boards or other au-\\nthorities of the respective States and Territories, and used in the schools of the\\nsanie, shall be filed with the Secretary of the Interior.\\nWhy Is there a purpose in this? If not, why is it put in the bill\\nIf there is, why is it not expressed The study of the history of the\\nRgn. 2", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0019.jp2"}, "20": {"fulltext": "18\\nUnited States is one of the branches to be taught. There are several\\nschool histories of the United States. The last section of this bill pro-\\nvides that\\nThe power to alter, amend, or repeal this act is hereby reserved.\\nIs it the intention that if the histories of the United States are not\\nsuch as are approved by the Secretary of the Interior and the Commis-\\nsioner of Education this act shall be so amended as to enable them to\\nprescribe what history of the United States shall be taught? Some of\\nthe school histories of the United States contain matter which some of\\nthe Senators supporting this bill would not like to have taught to. their\\nchildren. Let them beware what they are doing. And do they think\\nthat their Legislatures and States and school officers are unequal to the\\ntask of prescribing a course of studies for public common schools? If\\nnot, why consent to the impertinent intrusion by a Federal law of a di-\\nrection as to what studies shall be taught our children And why\\ndemand the inspection of our school books? Such was the policy of\\nEussia towards the Poles in prohibiting the use of the Polish language\\nin schools after the conquest of Poland. Such was the policy of Aus-\\ntria with Hungary, whose people, up to a recent date, were not per-\\nmitted to educate their children in their own language, and now only in\\ntheir primary schools, but were required to adopt the language of their\\nconquerors and masters. The same policy was pursued by Germany\\nafter the conquest of Alsace-Lorraine, in which province, as I am in-\\nformed, the French population were required to be instructed in books\\nof history which eulogized the Germans and vilified the French.\\nThe eighth section of the act provides as follows:\\nThat no greater part of the money appi-opriated by this act shall be paid out\\nto any State or Territory in any one year than tlie sum expended out of its own\\nrevenues, or out of moneys raised under its authority, including interest money\\nfrom any source, in the preceding year, for the maintenance of common schools,\\nnot included in the sums cxpeiwied in the erection of buildings.\\nIf there are people who suppose they will be relieved from taxation\\nfor school purposes by the proposed subvention, the reading of this sec-\\ntion will cure them of that belief.\\nSection 10 provides\\nThat no part of the fund allotted to any State or Territory under the first\\nsection of this act shall be used for the erection of school-houses or school build-\\nings of any description, nor for rent of the same.\\nThe sixteenth section, however, provides for the appropriation of\\n$2,000,000, to be divided among the several States and Territories, for\\nthe construction of school -houses, under the following conditions pre-\\nscribed by that section:\\nSuch school-houses shall be built in accordance with plans to be furnished\\nfree on application by the Bureau of Education of Washington Provided, Imw-\\ncver, That not more than S150 shall be paid from said fund towards the cost of\\nany single school-house, nor more than one-half the cost thereof in any case.\\nSo it is seen the people in the several Slates and Territories are not\\nto be trusted with the planning and building of cheap country school-\\nhouses, when they furnish at least half the money to pay for theiir", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0020.jp2"}, "21": {"fulltext": "19\\ncousfcruction, and when they have to be built under plans submitted by\\nthe Bureau of Education. This bill goes on to provide that\\nThe States and Territories shall annually make full report of all the ex-\\npenditures from the school-house fund to the Secretary of the Interior, as in\\ncase of other moneys received under the provisions of this act.\\nFor what purpose? To what end? What necessity is there, if it is\\nnot in connection with other provisions of the bill, to dwarf and de-\\ngrade the States, and to prepare the people for a centralized Eepublic,\\na despotism of majorities?\\nThe twelfth section of the act shows that it is intended to subordi-\\nnate completely the State authorities to the Federal authorities, and-\\nthat the law shall be administered by Federal officials. If this is\\nnot so, why require a detailed statement from the governor of every-\\nthing which is to be done in the State to the Secretary of the Interior.\\nThis section of the act is so important that I read it in its entirety:\\nSec. 12. That no second or subsequent allotment shall be made under this\\nact to any State or Territory unless the governorof such State or Territory shall\\nfirst file with the Secretary of the Interior a statement, certified by him, giving\\na detailed account of tlie payments or disbursements made of the school fund\\napportioned to his State or Territory and received by tlie State or Territorial\\ntreasurer or officer under this act, and of the balance iu the hands of such treas-\\nurer or ofiioer withheld, unclaimed, or for any cause unpaid or unexpended, and\\nalso the amount expended in such State or Territory, as required by section 9\\nof this act, and also a statement of the number of school districts in such State\\nor Territory, and whether any portion of such State or Territory has not been\\ndivided into school districts or other Territorial subdivisions for school pur-\\nposes, and if so, what portion, and the reasons why the same has not been so\\nsubdivided; the number of children of school age in each district, and the rela-\\ntive number of white and colored children in each district, and of the number\\nof public, common, and industrial schools in each district; the number of teach-\\ners employed the rate of wages paid tne total number of children in the State\\nor Territory, and the total number taught during the year, and in what branches\\ninstructed; the average daily attendance and the relative number of white and\\ncolored children and the number of months in each year schools have been\\nmaintained in each school district. And if any State or Territory shall mis-\\napply or allow to be misapplied, or iu any manner appropriated or used other\\nthan for the puijjoses and in the manner herein required, the funds, or any\\npart thereof, received under the provisions of this act, or shall fail to comply\\nwith the conditions herein prescribed or to report as herein provided, through\\nits proper otlicers, the disposition thereof, and the otlier matters herein pre-\\nsci ibed to be so reported, such State or Territory shall forfeit its right to any\\nsubsequent apportionment by virtue hereof until the full amount so misap-\\nplied, lost, or misappropriated shall have been replaced by such State or Terri-\\ntory and apj^lied as herein required, and until such report shall have been\\nmade: Prouided, That if the public schools in any State admitpupils not within\\nthe ages herein specified, it shall not be deemed a failuve to conipl5 with the\\nconditions herein. If it shall appear to the Secretary of the Interior that the\\nfunds received under this act for the preceding year by the State or Territory\\nhave been faithfully applied to the purposes contemplated by this act, and that\\nthe conditions thereof liave been observed, then, and not otherwise, the Secre-\\ntary of the Interior shall distribute the next year s appropriation as is herein-\\nbefore provided. And it shall be the duty of the Secretary of the Interior to\\npromptly investigate all comphnuts lodged with him of any misappropriation\\nby or in any State or Territory of any moneys received by such State or Terri-\\ntory under the provisions of this act, or of any discrimination in the use of such\\nmoneys; and the said complaints, and all communications received concerning\\nthe same, and the evidence taken upon such investigations, shall be preserved\\nby the Secretary of the Interior, and shall be open to public inspection and an-\\nnually reported to Congress\\nWhy require the governors to certify to the Secretary of the Interior\\na detailed account of the payments and disbursements made of this\\nschool fund, unless for the purpose of having the fund administered\\nunder the direction of Federal officers And how are the governors\\n\u00e2\u0096\u00a0to comply with this requirement and that of the fourth section How", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0021.jp2"}, "22": {"fulltext": "20\\nmuch time and how many clerks will be necessary to enable them ta\\ncomply with the requirements of these sections? Can any Senator\\nguess? And here let me suggest that in view of the very vastness of\\nthe appropriation of public funds proposed by this bill Senators seem\\nto have forgotten the smaller but still very large appropriations which\\nwill have to be made i rom year to year for the clerical force, both here\\nand in the States, necessary to carry out its provisions.\\nAnd the Secretary of the Interior is required to promptly investi-\\nsrate all complaints of misappropriation of these moneys and of any\\ndiscriminations in the use of such moneys. Knowing the negro char-\\nacter as I do, I will venture to predict that if this section becomes\\nlaw the Secretary of the Interior will not be able to investigate all\\nthe complaints which will come to him under it. An ignorance for\\nwhich they should not be held r spousible and suspicions which arise\\npartly from that ignorance and partly from their social position, coupled\\nwith a knowledge that they can appeal to a power which they believe\\nto be unfriendly to the Southern whites, will no doubt bring a vast\\nnumber of frivolous and unj ust complaints to the Secretary for inves-\\ntigation and open a new and rich field for sectional agitation.\\nThe best people of both races in the South are anxious to promote\\nharmonious relations between the whites and blacks, and gratifying\\nprogress has been made in that respect. But my belief is if this bill\\nshall become a law it will disappoint the philanthropic hopes and ex-\\npectations of both Northern and Southern Senators who are supporting\\nit, and reopen a Pandora s box, to pour oiit anew upon the Southern\\nStates the ills they have suffered so much from, but which have been\\nless grievous during the ]a.st few years. I have no desire to be a prophet\\nof evil, but it may be better to avoid than to suffer what must in the\\nnature of things flow from the passage of such a law as this would be.\\nEDtlCATION IN THE SOUTHERN STATES.\\nThe passage of the bill under consideration has been urged by some\\nSenators and accepted by others because of the exceptional condition\\nin which some of the States were left as the result of the late civil\\nwar; because by it about eight million slaves were made free people\\nand were invested with the righte and privileges of citizenship, which\\nthey were not, as a rule, qualified to exercise intelligently; and because\\nby it the States in which most of them reside were greatly impover-\\nished.\\nWe must all recognize the great force of this philanthropic desire to\\nenlighten so large a number of citizens who are in so great need of the\\nknowledge which is necessary to enable them to understand and to per-\\nform the duties of citizenship and to take care of their own personal\\nrights. And so strongly do I sympathize with this view that nothing,\\nless than the fear of subverting our form of government and endanger-\\ning the liberty of both races could induce me to oppose its being car-\\nried out by some such law as the one now proposed.", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0022.jp2"}, "23": {"fulltext": "21\\nIt is true that at the close of the late civil war the Southern States-\\nwere utterly impoverished and in a large measure desolated. Their\\nsocial and industrial systems, which came down to them through the\\ntraditions of the ages, and had been secured to them by constitutional\\nprovisions and by legal enactments, were utterly destroyed, at a sacri-\\nfice to them of thousands of millions of dollars, and rich and poor\\naliiie were involved in almost universal bankruptcy. Their school\\nsystems and educational institutions were in abeyance. They were\\nwithout means to sustain them, and education languished.\\nI do not mention these things to complain of them now. They were\\nin a large measure the result of causes for which the generation which\\nsuffered from them was not responsible, and they are buried in the\\nirrevocable past. But I mention them for the purpose of contrasting\\nthe educational condition in those States now with what it was then\\nto show that the interests of education are not being neglected there,\\nand that that country is not in the danger from illiteracy which some\\nof the friends of this bill seem to suppose.\\nI do not propose to go fully into this subject. But I make the gen-\\neral statement that all the Southern States have now fully organized\\nsystems of free public schools in operation, sustained by the revenues\\nof these States, in which all the children of scholastic age receive in-\\nstruction, the white and black children having equal benefits from the\\ncommon schools. Private schools, colleges, and universities have also\\nbeen restored to active usefulness and are now generally in successful\\noperation, and normal schools for the education of both white and black\\nteachers, sustained at public expense, are now in successful operation\\nin some of the Southern States. The school funds of most of those\\nStates are not yet sufficient to afford tuition for as many months in the\\nyear as is desirable; but these funds are annually increasing, and the\\norganization of the school systems is being perfected as fast as the\\nsparseness of settlements in some portions of them will permit.\\nThe State common-school funds in some of these States, perhaps in\\nmost of them, are being supplemented by local taxation in school dis-\\ntricts, which is provided for by law, so that in very many districts free\\nschools are kept n operation for six, eight, and ten months in the year.\\nI have not the means ot knowing how much money in the aggregate\\nis raised by local taxation for free-school purposes in these States, but\\nsuppose the sum to be very nearly equal to the State appropriations.\\nI think no one who is familiar with the condition and progress of\\neducation in the Southern States will question the general accuracy of\\nthe statement I am making of it. So it will be seen they are not in so\\ndeplorableaconditionastocall for very extraordinary measures for their\\nrelief in this respect.\\nAs tending to show the progress of education in the free common\\nschools of that section of the Union, I submit a statement of the annual\\nincome of the several States for this purpose where there is the great-", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0023.jp2"}, "24": {"fulltext": "North Carolina 1631,904\\nSouth Caroliwa 515,580\\nTennessee 1,330,850\\nTexas 1,661,476\\nVirginia 1,050,860\\nWest Virginia 957, 150\\n22\\n-est amount of illiteracy, which has grown out of the enfranchisement\\nof the black .population. The statement is for the year 1884- 85, which\\nis the last year for which such a statement has been made out:\\nAlabama..! $511,510\\nArkansas 931, 404\\nFlorida .335,984\\nxeorsia 090,372\\nLouisiana 571, 139\\nMaryland 1,758, ,585\\nMississippi 872,320\\nMissouri 4,232,073 Aggregating 16,051,207\\nSince taking the foregoing statement from the report of the Secre-\\ntary of the Interior, from House of Representatives Executive Docu\\nment No. 1, part 5, first session l orty-ninth Congress, I have received\\nthe following letter from Hon. M. J. Durham, First Comptroller of the\\nTreasury, which shows that the current common-school fund for the\\nlast scholastic year for theStateof Kentucky amounted to $1,247,798.40,\\nwhich added to the foregoing aggregate makes the total of the current\\nschool fund for the Southern States about 117,299,005 for the year\\n1884- 85, and for the State of Kentucky 1886- 87:\\nTkeasxjey Department, First Compteollee s Office,\\nWashington, D. C, January 3, 1888.\\nDear Sir: Referring to our conversation of yestei-day, I will say that I do\\nnot find the governor s message as lull upon the school question in Kentucky\\nas I supposed it was, but I can give you a general statement about it. We have\\na general system of common-school education In Kentucky, and it is supported\\nby interest upon a fund that has been derived from various sources, amounting\\nto somethin.ii over a million and a half of money, and in addition to that there\\nis a tax of 22i cents levied upon the taxable property of the State for the support\\nof common schools and the amount derived from interest on the fund and\\ntaxes for the year just closed is $1,247,798.40, being a per capita of $1.90 to each\\nchild between the ages of six and sixteen. There is no distinction made in this\\nfund between white and colored children. The system is a reasonably fair one\\nin Kentucky. As a matter of course, local taxation in the various districts\\n.amounts to a very considerable sum, but to just how much I am not able to\\nstate.\\nVery truly, yours,\\nM. J. DURHAM.\\nHon. John H. Reagaist,\\nUnited Stales Senate.\\nThis, it will be seen, makes a very respectable showing for those\\nStates under the circumstances. And these figures would be much\\n-more imposing if the sums voted by local communities could be added\\nto it, and if we were able to show the sums expended in the construe-\\ntion of school-houses, and for education in private schools, in normal\\nschools, and in the cc 11 -ges and universities of those States.\\nWhat I have said will, I trust, show that there is no reason for the\\nSouthern States to be regarded as mendicants, seekingalms at the hands\\n\u00e2\u0080\u00a2of their more prosperous neighbors; that there is no reason to fear that\\nliberty will be lost and that our Governmentand institutions will perish\\nbecause of the illiteracy of their children; that no facts exist which\\nshould induce their people to surrender their State autonomy and with\\nit their manhood and self-reliance. Much less is there reason for them,\\nto consent to the overthrow of our constitutional Republic, and for them\\nto consent to the adoption of a centralized despotism of majorities,\\nwhich means the entire subordination of the interests of the minority\\n\u00e2\u0080\u00a2section to those of the majority section of the country.\\nwhat is education?\\nWhat is learned in the schools is not all there is of education. The", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0024.jp2"}, "25": {"fulltext": "23\\nschools aid in the acquisition of knowledge; but much of real educationi\\nis acquired in the family circle, on the farm, in the workshop, in pub-\\nlic assemblages, in court-houses, at the hustings, and in the churches.\\nAnd there is probably not a Senator here who has not known men of\\nsuperior intelligence who could neither read nor write. And the uni-\\nversal experience in this country is that even among the illiterate class-\\nthere is a great deal of practical intelligence and mauy useful citizens.\\nIn the discussion of this bill we seem to lose sight of these great ftxcts,\\nand to proceed on the principle that the knowledge necessary to good\\ncitizenship can only be acquired in the school- house. Would it not be\\nas well for us on this as on other questions to consult common sense and\\nour every-day experience? I saw, when a boy, in the Charleston (S.\\nC.) Mercury a very interesting paper on the subject of Atmospheric\\nknowledge and the education of the blood. I have not forgotten the\\nimpression it made on me. Our whole lives are a school. All our sur-\\nluuLidiugs are school-masters. And a person with natural laculties can\\nhardly be raised in this country without practical knowledge enough to\\nmake a comfortable living and to uuderstaud the principal duties of citi-\\nzenship. Of course I have reference to the free people. Such was not\\nthe case, as a rule, with the slave population. But now that they are\\nIree and invested with the rights of citizenship, it will as well apply\\nto them; if, as we hope may be the case, they are capable of the intel-\\nlectual development which a few of them have shown and which char-\\nacterizes the Caucasian race.\\nThe people of the section where the most of them live mean to make\\na fair and feithful trial of their capacity to this end; and they need no\\npromptings from others as to the demands of duty and interest in this\\nrespect. Investigation would probably develop the fact that outside\\nof the black population, whose condition is exceptional, there are more\\neducated foo s than there are illiterate people not qualified to take\\ncare of their own interests. I do not make these suggestions to under-\\nvalue scholastic education, for I recognize fully its importance, but to\\ncall to mind facts which shouW not be lost sight of in considering the\\ncapacity of our people for self-government, and to show that we are\\nnot in so great danger on account of illiteracy, as seems to be supposed\\nby some Senators.\\nCONDITIOlsr OP EDUCATION IN TEXAS.\\nI can not speak with as full information of the progress which is being\\nmade in the matter of education in other States, but I submit a letter\\nfrom the comptroller of public accounts of the State of Texas, to show\\nwhat is being done in that State:\\nOffice op the Comptroller,\\nAustin, December 2S, 1887.\\nHon. John H. Keagan,\\nUnited States Senate, Washington, D. C.\\nDear Sie: In reply to yours of the 20th instant I give you below a statement\\nregarding tlie school fund of Texas, which I presume is the information desired\\nby you.\\nThe investment of the permanent school fund of Texas is as follows, to wit:\\nTexas State bonds $2,048,000-\\nCounty bonds 2,263,000\\nRailroad bonds 1,753,000\\nCash uninvested 220,000\\nTotal 6,284.000", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0025.jp2"}, "26": {"fulltext": "LIBRARY OF CONGRESS\\n029 478 059 2\\n24\\nThere are about 25,0i0,000 acres of land donated by the State to the permanent\\n\u00e2\u0080\u00a2fund, that are yet unsold.\\nThe annual interest due upon sales of lands belonging to said fund is about\\n$650, 000.\\nIn addition to the income from the above-named investments, an annual ad-\\nvalorem tax of 12i cents on the :ijlO0 valuation of property, and a poll tax of H,\\nare levied and collected and one-fourth of all occupation taxes collected is ap-\\n\u00e2\u0096\u00a0oronriated for the purpose of supplementing said income.\\nThe apportionment made by the board of education for the support of the\\npublic schools for the present scholastic year amounts in round numbers to\\n$2,300,000. It is estimated that school districts and cities supplement the State\\nfund about \u00c2\u00a7800,000 by local taxation, and by investments held by the school\\nfund of the counties.\\nThe University of Texas has now an annual income of about $50,000, with a\\npermanent fundof 8544,000 in. Texas State bonds, besides her lands that are un-\\nsold.\\nThe Agricultural and Mechanical College has an annual income of $22,000.\\nThere was appropriated by the hist Legislature $100,000 for the support of the\\nDeaf and Dumb and Blind Institutes for this year.\\nRespectfully,\\nJNO. D. McCALL,\\nContptruUer.\\nP. S. In reply to your telegram just received I give you below the total tax-\\nable valui-s of this State from 18S0 to 1 ^S7, inclusive tlie other questions I think\\nhave already been answered in the letter.\\n1880 j^5!l,470,736 I 1884 $603,060,817\\n]881 357,000,000 18S5 621,011,989\\n1S82 4J9,92o,476 1886 630,525,123\\n3.883 527,537,390 1887 050,412,401\\nFrom this it is seen that the permaneii t common school fund in Texas,\\nin money and land, is perhaps greater than that in any other State in\\nthe Union, or than in any other country in the world; and that the cur-\\nrent available fund for the present scholastic year amounts to $2,300,-\\n000, to which is to be added the $800,000 derived from local taxation,\\nmaking the current school fund of the State for the scholastic year\\namount to about $3,100,000.\\nThe permanent university fund of $544,000 is supplemented by very\\nlarge land grants, with an available fund for current use of $50,000,\\nwhile the Agricultural and Mechanical College has an annual income\\nof $22,00C. And there is also a liberal support by the State to two nor-\\nmal schools, one for the education of white, and one for the education\\nof colored teachers.\\nThis statement shows the jDrogress made since 1884- 85 in education\\nas well as in the taxable property of the State, when the available\\nschool fund of that State was $1,6\u00c2\u00ab1,476.\\nIt may be that others of the Southern States are not as fortunately\\nsituated as Texas in this respect. But that they are all as earnestly\\nengaged in the promotion of the cause of education I think is undoubt-\\nedly tru\u00c2\u00ab; and that they will succeed in the establishment of good sys-\\ntems of free common schools, which will meet the necessities of their\\npeople, without Federal aid, I do not doubt.\\nThe desire lor the education of the black population is not a mere\\nmatter of sentiment v^ith the people of the Southern States, nor is it a\\npolitical hobby by which they expect to gain or to retain political power\\nin the Federal Government. The people of that section are influenced\\non that subject by far higher and nobler purposes. The negroes consti-\\ntute a considerable part of their communities. They are invested with\\nfreedom and citizenship; and the interests of all of both races require\\nthat they should be qualified for these to them new duties, in order to\\nsecure the promotion of the welfare of all.", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0026.jp2"}, "27": {"fulltext": "", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0027.jp2"}, "28": {"fulltext": "LIBRARY OF CONGRESS\\n029 478 059 2", "height": "3370", "width": "1945", "jp2-path": "federalaidtocomm00reag_0028.jp2"}}