GENERAL OUTLINE OF HISTORY IN LATER YEARS.

It may be noticed that the activity shown by the Regents in the first years was not uniformly sustained; at least so far as may be learned from their annual reports. A system of printed blanks came into use in 1804, and for four years statistics of attendance were published in detail. But after this the reports became very brief, simply stating in a few words the numbers in attendance in Colleges, the numbers graduating, and as to Academies that their affairs "were in a flourishing condition," without further specifica

tion.

The awakening of interest, which appeared about 1818, may be ascribed to the results of legislation begun some years before, which had laid the foundation of a permanent Literature Fund, and had placed it under the Regents' control.

As this fund began to be productive, it became necessary to devise rules for its distribution. In 1827 it was largely increased, and more definite provision was made by law for the apportionment with the view of encouraging a higher grade of scholarship than had formerly been sustained.

The various provisions of law in force at the time of their adoption were embodied in the Revised Statutes, which took effect at the beginning of 1830. They introduced some new features, one of them providing for an equal division of the income of the Literature Fund among the eight senatorial districts of the State. The operation of this rule will be particularly noticed in the following pages.

The act of 1827, by which the sum of $150,000 was added to the capital of the Literature Fund, appears from its title to have been intended to promote the education of teachers in the common schools, although no provision was expressly made for that purpose in the body of the act.

In 1833 the question of providing special education in Academies. for the preparation of teachers of common schools came up for discussion, and measures were adopted which in improved form have been continued down to the present time. This subject will be found fully presented in an article prepared by one highly qualified for the task, in the following pages.

By the aid of an appropriation begun in 1834, and continued annually since that time, the libraries and apparatus of Academies have been steadily increased, but in no instance has this aid been fur

nished without evidence beforehand that an equal amount had been raised from other sources than invested funds, and proof afterward that the whole sum had been properly applied.

In 1835, the condition of Colleges and Academies began to be published in greater detail, and from this time we may begin to date the series of educational statistics, which illustrate so fully the history of the Colleges and Academies of New York, and in which this State stands alone — for in no other State in the Union has there been preserved a record which in even a remote degree can be compared with our own. In fact, before the labors of the National Bureau of Education had begun in recent years to bring together an annual statement of the operation of our educational systems, there were no means whatever for ascertaining the condition of the Colleges and Academies of other States, except by collecting their individual reports, and compiling from them such few statistics as could be brought into comparable form.

The operation of the Board of Regents has been continuous from the beginning, with but slight changes in organization, excepting as new duties have been imposed by law from time to time, requiring new agencies for their execution, and new rules for their management. The Constitutional Conventions of 1821 and of 1846 found no occasion to place any limitations with regard to its operations, and scarcely mentioned it excepting by way of inquiry as to certain matters under its charge.

In the convention of 1867-68 numerous petitions were presented asking for a provision abolishing the office, and creating a single department, including in its charge all the educational institutions of the State. These were met by other petitions praying for the maintenance of the Board in its present form, and as the result, the form of a constitution recommended at that time left the subject as before. While the question of adoption of this constitution was still under discussion, a legislative inquiry was made, which we may here notice:

THE POWERS OF A BOARD OF VISITATION OF COLLEGES AND ACADEMIES THE QUESTION OF A CHANGE OF ORGANIZATION CON

SIDERED.

On the 8th of May, 1869, the following resolution was adopted by the Senate, and communicated to the Regents of the University:

"Resolved, That the Regents of the University be instructed to report to the next Legislature what, in their judgment, should be the

power of a Board of Visitation of the Colleges and Academies of the State, and whether any change in the organization of that Board is desirable to render it more effective in the supervision of those institutions."

The Regents, in compliance with this resolution, having given the subject-matter the consideration which its importance required, on the 10th of March, 1870, submitted the following report:

The resolution presents two distinct subjects of inquiry: 1. What should be the powers of a Board of Visitation?

2. Is any change in the organization of the Board of Regents desirable?

The Colleges and Academies of our State, subject to the visitation of the Regents, are corporate bodies, holding their charters by act of the Legislature, or under its authority.

The administration of their affairs is committed to Trustees, whose powers and duties are clearly defined, and, in addition to the general powers of a corporation, embrace the management of the finances, the appointment of Professors and Teachers, the direction of the course of discipline and study in the institution, and, in the case of Colleges, the granting of literary honors.

Many of the details of internal management are intrusted to the Faculty, who act under a general authority derived from the Trus

tees.

In every country, education is regarded as a high public interest, and over it the government exercises a watchful and fostering care. In many of the countries of Europe, this care extends to every part of the system of public instruction, because the system is established and entirely maintained by the government.

In this State, only what are known as the public schools, mostly elementary, are so established and maintained. They are supervised by public officers, at the head of whom is the Superintendent of Public Instruction. His power is necessarily comprehensive, and his decisions, in many cases, are final.

The exercise of such full and summary power is necessary to the proper and successful administration of the common school system.

If the Colleges and Academies were institutions of the same nature as the public schools, and were supported in the same way, the supervision of their affairs by the State would properly be of the same thorough and comprehensive character. As, however, they have had their origin in voluntary private action, are endowed chiefly by private contributions, and are mainly supported by the payment of tuition fees, it seems quite clear that the State cannot fairly extend over them the same supervision, in details, which it exercises over schools which it alone creates and supports. And yet their relations to the State, as quasi public institutions, demand watchfulness, guardianship and care from the power which has given

them corporate existence, both for their protection and for securing to the public their proper administration.

To most of the Colleges, and to all the Academies, the State has made grants of money, sometimes for general, and sometimes for specific purposes.

The endowments of most of the Colleges are on foundations established by private liberality.

Under the general law, the condition of the incorporation of Academies is, that a certain sum shall be raised by voluntary contribution for the erection of buildings and other purposes. In many instances, the minimum required by law has been greatly exceeded. The State owes it to itself, and to those whom it has encouraged to liberality, to see that its appropriations and their gifts are prop erly applied. Men of fortune, with a disposition to devote their wealth to educational purposes, are often deterred by an apprehension that their gifts may be misapplied or squandered.

Public policy demands that the strongest guarantees of the faithful administration of such trusts should be given.

A Board having authority, on its own motion, or on representations made to it, at any time to inquire into the mode in which an institution is conducted, may correct a wrong in its incipiency, or by the mere possession of the power may exert a silent but constantly restraining influence against maladministration. It is believed that cases will rarely occur in which the full exercise of the power which ought to be committed to a visiting and supervising board will be demanded.

Trustees of Colleges are, as a class, men of intelligence and education, selected in view of their peculiar fitness for the trust. They may call in the counsel and assistance of the President and Professors, who have made the philosophy of education a life study, and who have a thorough knowledge of its practical workings. The details of management of the institution committed to their care will be safe in their hands, while subject for wise purposes to the general supervision of a Board of Visitors.

The annual subsidy which the State grants to the Academies under prescribed conditions of its application, renders it proper that a more specific supervision should be exercised over them than over the Colleges. But even this cannot extend to personal administration, which must of necessity be influenced by local circumstances.

A Visiting Board must look after the execution of the conditions of the subsidy as well as of the charter, and in doing this can hardly fail to exert a positive influence over the whole system of instruction.

If it does not command, or even positively direct, it may make itself felt by advice, which will often be sought, and will seldom be disregarded.

The policy of granting corporate powers under general laws is universally conceded. The extent to which Colleges have been established in this State by special acts of the Legislature, in most cases without adequate endowments, has multiplied these institu

tions beyond the public wants. A Visiting Board may properly exercise this power under general rules to be prescribed or approved by the Legislature.

In accordance with these views the powers and duties with which a Board of Visitation of the Colleges and Academies of the State should be invested may be enumerated:

1. The exclusive power of incorporating Colleges and Academies under general regulations, with the exercise of which, for the time being, the Legislature should not interfere, except so far as modifications of the organic law may become proper.

2. The power to require reports, under forms to be prescribed by the Board, of the literary and financial condition of each institution, and the mode in which it has been conducted.

3. The power to make special investigations as to the affairs and condition of any institution, whenever in the judgment of the Board, or on representations made to it, such investigation is believed to be necessary.

4. The power of personal visitation by its committees or officers, and of adopting such measures as, in the judgment of the Board, are calculated to improve the character of academic and collegiate education, and to bring the Academies and Colleges into united and harmonious action as parts of the University of the State.

The exercise of coercive power by such a Board, and the infliction of penalties, wili seldom be required, nor would it be salutary.

It is suggested, however, that whenever a condition of things exists which is thought to demand judicial action, provision may be made for placing the facts found in the hands of the AttorneyGeneral of the State, or for submitting them to the Legislature, for such action as may be demanded for the protection of public interests or of private trusts.

The second inquiry of the resolution is, whether any change in the organization of the Board of Regents is desirable to render it more efficient in the supervision of the Colleges and Academies.

With respect to its powers, the Board possesses most of those which have been enumerated as desirable for a Board of Visitation.

The statute confers on it the power" to visit and inspect," and "to send for persons and papers." This power it is believed will be sufficient even in extreme cases.

The organization of the Board of Regents was made with a view to give it a near relation to the government of the State by constituting the high officers of the State members. Thus, the Governor, the Lieutenant-Governor, the Secretary of State, and the Superintendent of Public Instruction, are always members, and this Board, thus directly connected with the Executive Department of the gov ernment, and its members appointed by the Legislature, is fitly required to report annually to that body the condition of the institutions committed to its care.

The duties of the Regents have always been discharged without pecuniary compensation. It cannot be expected, nor would it be