have complied with the law so as to participate in the public money, has increased one hundred and twenty-eight.

That there are in the districts from which reports have been received, 468,257 children over 5 and under 16 years of age; and that in the common schools of the same districts, 480,041 scholars have been taught during the past year; the general average of instruction having been about 8 months.

The number of scholars instructed in the common schools exceeds by 4,437 the whole number of children between the ages of 5 and 16. From this estimate the children instructed in the cities of NewYork and Albany, are excluded, as an enumeration of those between 5 and 16 in those cities is not required or obtained by the law.

The number of children between 5 and 16,* has increased 19,257 since the last annual report, and the number of children taught in the common schools of the State, has increased 11,836 during the same period.

There are one hundred and sixteen towns in the State, in each of which more than one thousand scholars are instructed; several towns report between fifteen hundred and two thousand, and a few large towns make returns of more than two thousand scholars taught annually.

There are sixty-eight towns in which more than twenty schools are organized in each; several of these contain more than thirty: The general average of the number of districts, including all the towns, is 11 for each town in the State. The average number of scholars instructed in the districts from which returns have been received, is a fraction less than fifty-eight for each school. This estimate, as well as that relating to the number of children instructed, is based upon the whole number of scholars on the rolls of the schools, without reference to the time which each scholar has attended: And it is not to be understood that each one of the 480,000 scholars returned, has had 8 months of instruction during the year; but that this is the aggregate number of scholars on the rolls of the schools, and receiving more or less instruction, and that 8,292 schools

* Heretofore the enumeration embraced the children between 5 and 15; now it includes those "over five and under sixteen." This brings the census of the children in the districts much nearer the number instrucied than in former years. The same cause gives a much greater increase to the children enumerated for the year in which the change in the enumeration from 15 to 16 takes place, than the increase in the children instructed.

have been kept open for the reception of scholars, an average period of 8 out of the 12 months.

The first returns under the present school system, were made in 1816. There were reported in that year 2,631 schools, in which 140,106 children were instructed. The increase in the number of schools returned, has been 5,661 in fourteen years, and the increase in the number of scholars instructed, has been 339,935, in the same period. The number of children returned in 1816, between 5 and 15, was 176,449; the increase since that time, has been 291,808. The school act was revised in 1819; new forms were adopted and published, and new energy was given to the whole system. In 1821 the system was in fair operation; and since that period, the average annual increase of the children between 5 and 15, has been about 16,500; and the average increase of the number of scholars instructed, has been about 20,000 each year, for the last ten years. The paper marked C, exhibits a comparative view of the returns from 1816 to the present time.

II. Estimates and Expenditures of the School Monies.

During the year 1829, two hundred and fourteen thousand eight hundred and forty dollars and fourteen cents have been paid to the several school districts which have made reports: Of this sum $100,000 were paid from the State treasury; $102,934.66 were raised by a tax upon the several towns, and $11,905.48 were derived from local funds possessed by certain towns.

The public money apportioned to the districts is less by $17,503.07, than the amount paid last year. This diminution has been occasioned by want of authority in the Revised Statute to levy the additional school tax in pursuance of a vote of the towns. The provision giving this authority to town-meetings, was transferred by the revision from the statute relating to schools, to chapter 11, relating to the powers, duties and privileges of towns, which was not in force until the first of the present month. Hereafter the townmeetings will have authority to vote a tax upon the town, equal to the sum paid from the State treasury. This is in addition to the sum which the supervisors are required to assess upon each town, without a resolution from the inhabitants thereof.

At the date of the last annual report, the sum of $70,446.24, of the capital of the common school fund had been received into the treasury. Since that time $51,000 more of the capital has been

paid in. On the 8th of May last, the commissioners of the canal fund passed a resolution in pursuance of chapter 201, Session Laws of 1829, for issuing certificates of Cayuga and Seneca canal stock, in the name of the Comptroller, in trust for the common school fund, amounting to $75,826. On the 5th December a resolution was passed for issuing a certificate for $11,174, making a total amount of $87,000, of the capital of the school fund received into the treasury, and reinvested in 5 per cent. canal stock at par, and which is redeemable at the pleasure of the State after twenty years.

There is now in the treasury belonging to the capital of the school fund, the sum of $33,917, which by the existing statute, is to be invested in any of the stocks of the State at the market price of the

same.

The productive capital of the school fund, has been augmented during the year $23,508.78 by the sale of lands; and $2,943.66 from other sources, being a total increase of $26,452.46.

The productive capital has been diminished $50,000, by the failure of the Middle District bank. This amount in stock of that bank was transferred from the general fund to the school fund, in pursuance of "An act to provide permanent funds for the annual appropriation to common schools," passed April 13, 1827. It has been apprehended ever since the failure of the bank, that this amount of capital was irretrievably lost; but a communication to the Superintendent from the receiver, John Sudam, Esq. dated on the 2d of the present month, expresses a belief that a handsome sum may be realized to the school fund. If these expectations should eventually be disappointed, it is satisfactory to know that all will be accomplished by the receiver, which can be effected by the application of the best talents, and the most persevering industry.

The productive capital of the common school fund is now $1,661,081 24 cents. The revenue actually received into the treasury on account of the fund for the past year, has been $94,626 25 cents; leaving a deficit for the present year in the apportionment, of $5,373 75 cents, to be supplied from the general funds of the State. The revenue of the coming year is estimated by the Comptroller at $109,981. The paper marked D, contains the items of which the fund consists, and the estimate of revenue upon each item.

Attached to statement D, is a comparison between the estimated revenue of the school fund for 1829, and the actual receipts into the

treasury on account of that fund: although the collections on the loan of 1808 have exceeded the estimate by $4,685, still the actual receipts on the whole fund are $10,574 short of the estimated revenue. This deficit is occasioned by the non-payment of interest on individual bonds for school fund lands sold, to an amount of more than twelve thousand dollars.

The proceeds of all lands which were unappropriated at the time of the adoption of the constitution, belong to the fund for the support of common schools. The lands embraced in this provision, as will be seen by a report made to the Senate by the commissioners of the landoffice in 1829, (Senate Journals of 1829, appendix F.,) consist of 869,178 acres, and may be estimated at half a million of dollars.

In several of the counties there is a local fund for the use of schools. This fund is derived from reservations made by the State for the use of schools in granting certain tracts of land. The paper marked E, is an exhibit of the reserved lots, and of the portions which have become productive. Eighty towns are reported as having participated in this local fund, the total revenue of which for the last year amounted to $11,905.48.

III. The Management of the Common School Fund.

This fund is embraced in the general system for managing the funds of the State. The revenues arising from the capital are paid into thetreasury, and the annual apportionment for the several towns, is paid to the county treasurers, on the warrant of the Comptroller. The lands belonging to this fund are under the control of the commissioners of the land-office, and are sold on the same conditions as the other lands of the State.

Provision is made by law for the re-investment of the capital of the school fund, whenever the same comes into the treasury, in any of the stocks of the State; and when loans are authorised, the commissioners of the canal fund are required to issue stock to take up the capital of the school fund in the treasury, "on the most advantageous terms that stock may be issued by them to any person or body corporate taking any part of the said loans." In making a reinvestment under this provision, the school fund is subjected to the competition in the money market, and in 1828 a premium of $7,766 63 cents was paid unon $100,000 of 5 per cent stock. This competition is perhaps inevitable, except in cases where the commissioners of the canal fund are authorised to issue stock, in which cases

they might be authorised to issue, at par, 5 per cent stock, for the amount of school fund capital in the treasury; and not subject this fund to the caprices of the money market, or allow "any person or body corporate" to influence the terms on which an arrangement should be made between the school fund and the funds of any of the canals. The operations of trade, and a variety of causes, may induce individuals to give a higher premium for state stock than it would be discreet to pay in making a permanent investment; and if the school fund has money in the treasury which it is deemed expedient to use for the improvement of a particular section of the State, there can be no injustice done by issuing 5 per cent stock at par, for the money thus used. It may be said that the fund issued for the local object, like the Oswego canal, for example, is entitled to the premium which can be obtained in the money market for the stock issued for it. This premium, however, which arises from the credit of the State, is more generally, if not more justly, diffused, by being yielded to the school fund, and thus distributed to every neighborhood in the State, than by any other application of it. The laws passed at the last session in relation to the Cayuga and Seneca canal, authorised the issuing of 5 per cent stock at par for the money then in the treasury; but the general law for reinvesting the capital of the school fund was not altered.

The canal stock belonging to the school fund bears an interest of 5 per cent; the loans of 1792 and 1786 are at 7 per cent; and the loan of 1808 at 6 per cent. The dividend on that portion of the fund which consists of bank stock, has been 6 per cent.

IV. The Organization of the Common Schools.

The police of our school system is excellent. The public money is distributed by the treasurers of 55 counties, to the commissioners of 773 towns, and by the latter is apportioned to the trustees of 8,292 districts, and by them is paid to their teachers; and this money is annually accounted for, through the commissioners and county clerks to the Superintendent; and there is rarely a defalcation or any misapplication of the school money.

There is however a very serious deficiency in the supply of competent teachers. This is the great obstacle which it is necessary to remove, before we can reasonably expect to accomplish the great results, and confer the enduring benefits, which were anticipated by those who founded and those who have fostered our system of common school instruction.