'LP 338 .W4 S4 Copy 1 NEW YORK STATE LOCAL HISTORY SOURCE LEAFLETS PREPARED BY THE DIVISION OF ARCHIVES AND HISTORY 10- 9^1101 THE ACT OF 1795 FOR THE ENCOURAGEMENT OF SCHOOLS AND THE PRACTICE IN WESTCHESTER COUNTY ROBERT FRANCIS SEYBOLT PH. D. (I ALBANY THE UNIVERSITY OF THE STATE OF NEW YORK 19 19 Yi9r-Si9-2000 (7-1931) NOTE Doctor Seybolt called to the attention of this Division that he had made transcripts of certain important documents relating to the operation of the common school law of 1795 in the town of Westchester in Westchester county. He granted the request of this Division that he should edit them for publication. Though the law of 1795 itself is easily accessible in print, it is reproduced here for the convenience of the reader. It is to be hoped that the publication of the kind of material found for this town may serve to inspire a research for similar material in the other towns and counties of the State. Much of this valuable source material has been lost or destroyed, but such as we have should be published to the end that a more thorough un- derstanding may be had of this educational statute for the encour- agement of common schools, and perhaps why it failed of reenact- ment in 1800. James Sullivan [2] THE ACT OF 1795 FOR THE ENCOURAGEMENT OF SCHOOLS, AND THE PRACTICE IN WESTCHESTER COUNTY The law of April 9, 1795, entitled "An Act for the encourage- ment of Schools," is New York's first general statute concerning elementary schools. It represents the first attempt to establish a system of common schools throughout the State, and, as such, de- serves more than the passing mention it has received. The student of the history of education, to whom the town records are not available, must wonder what became of this promising plan; and the only enlightenment he obtains is from a brief statement by S. S. Randall, which would seem to indicate that, although the system broke down in many places before the expiration of the law in 1800, it must have been fairly successful for at least three years. Randall, writing in 1851, states that "An abstract of these returns, from sixteen out of the twenty-three counties of the State, for the year 1798, shows a total of 1352 schools, organized according to the act, in which 59,660 children were taught."^ If these figures, from approximately seven-tenths of the counties, are correct, at least one-tenth of the population of the State received elementary instruction in the schools administered in accordance with the terms of the statute. One hundred thirty years earlier, in the first year of the Eng- lish occupation, the Province of New York required that all chil- dren receive a certain amount of elementary education. It will be recalled that the Duke of York's laws, of 1665, contained the very definitive order that " The Constables and Overseers are strictly required frequently to Admonish the Inhabitants of Instructing their Children and Servants in Matters of Religion and the Lawes of the Country." This was New York's first enactment concern- ing education at all, and it was a compulsory education law. In the practice established by this legislation, all children received in- struction not only in " Matters of Religion and the Lawes of the Country," but also in reading, writing, and arithmetic — the cus- tomary elementary curriculum.^ The inhabitants were not obliged to send their children, and servants or apprentices, to school, but 1 S. S. Randall, The Common School System in the State of New York (Troy, 1851), 6. 2R. F. Seybolt, Apprenticeship and Apprenticeship Education in Colonial New England and New York (New York, 1917). ch. V-IX. [3] they were required to " instruct or cause to be instructed " all chil- dren in their care. Instruction was given by parents, masters, older children, tutors, ministers and schoolmasters. The act of 1795 presents an interesting experiment designed to provide elementary schools for the entire State. It had long been recognized by the leaders of the period that there was urgent need of a statewide system of elementary education. Governor George Clinton, in his message to the Legislature of January 3, 1795, said: While it is evident that the general establishment and liberal endowment of academies are highly to be commended and are attended with the most beneficial consequences ; yet it cannot be denied that they are principally conferred on the children of the opulent and that a great proportion of the community is excluded from their immediate advantage ; the establish- ment of the common school throughout the state is happily calculated to remedy this inconvenience and will therefore reengage your early and decided attention. ^ After a brief discussion of this section of the Governor's speech, the Assembly on January nth appointed a committee to consider the advisability of enacting remedial legislation. The outcome of its deliberation was the act of April 9, 1795. To appreciate the comprehensiveness of the plan, it will be neces- sary to examine the entire statute. We shall find that, within its limitations, it contains some of the essential elements of a modem state system. The law follows : Be it enacted by the People of the State of New York, represented in. Senate and Assembly That out of the annual revenue arising to this State from its stock and other funds, excepting so much thereof as shall be necessary for the support of government, the sum of twenty thousand pounds, shall be annually appropriated for the term of five years for the purpose of encouraging and maintaining schools in the several cities and towns in this State, in which the children of the inhabitants residing in this State shall be instructed in the English language or be taught English grammar, arithmetic, mathematics and such other branches of knowledge as are most useful and necessary to complete a good English education; which sum shall be distributed among the several counties in the manner following until a new apportionment of the representation of the legislature of this State shall be made, that is to say, The city and county of New York shall be entitled to receive the sum of one thousand eight hundred and eighty eight pounds. The county of Kings the sum of one hundred and seventy four pounds. The county of Queens the sum of seven hundred and forty four pounds. The county of Suffolk the sum of eight hundred and forty pounds. The county of Richmond the sum of one hundred and seventy four pounds. 2 C. Z. Lincoln, editor, Messages from the Governors, 1683-1906 (11 vols. Albany, 1909), 2:350. The county of West-Chester the sum of one thousand one hundred and ninety two pounds. The county of Dutchess the sum of two thousand two hundred pounds. The county of Ulster the sum of one thousand four hundred and forty pounds. The county of Orange the sum of nine hundred and forty four pounds. The county of Columbia the sum of one thousand three hundred and ninety pounds. The county of Rensselaer the sum of one thousand one hundred and ninety two pounds. The county of Washington the sum of one thousand one hundred and fifty two pounds. The county of Clinton the sum of two hundred pounds. The county of Albany the sum of one thousand five hundred and ninety pounds. The county of Saratoga the sum of one thousand and ninety two pounds. The county of Herkemer the sum of nine hundred and thirty pounds. The county of Montgomery the sum of eleven hundred and ninety two pounds. The county of Otsego the sum of eight hundred and forty four pounds. The county of Onondaga the sum of one hundred and seventy four pounds. The county of Tioga the sum of three hundred and forty eight pounds and The county of Ontario the sum of three hundred pounds and the treasurer of this State is hereby required to pay the said several sums of money to the treasurers of the respective counties or to their respective orders on the third Tuesday of March in every year or as soon thereafter as the said monies shall come into his hands provided nevertheless that the first of the said annual payments shall be made on the third Tuesday of March in the year one thousand seven hundred and ninety six. And if the annual revenue of the State after deducting what may be necessary for the support of government shall not be sufficient for the payment of the whole of the said sum of money in any one year, then the treasurer of the State shall pay the same out of any monies not otherwise appropriated which may be or may come into the treasury, and if the whole of the said monies not otherwise appropriated shall not be sufficient for that purpose then every such payment shall be made to each county respectively in the same pro- portion as the whole of the said monej^ is hereby directed to be paid before the next apportionment of the representation in the legislature and after such next apportionment shall be made every payment to the several counties shall be in proportion to the number of electors for members of assembly in each county. And the treasurers of the respective counties are hereby authorised to retain in their hands the sum of three pence in the pound for every pound of the monies which may come into their hands by virtue of this act as a compensation for their services in receiving and paying the same. And whereas It will be expensive and inconvenient to enumerate the inhabitants of the several towns in every year. Therefore Be it further enacted That it shall be the duty of the supervisors in each and every of the counties of this State, at their meeting on the last Tuesday of May or within ten days thereafter in every year to apportion the said respective sums among the several towns in their respective counties after having deducted the fees of the treasurers of their respective counties for receiving and paying the same, according to the number of taxable inhab- itants which shall appear to be in the several towns in each county, by the tax lists, directed to be annually returned to them by the act entitled "An act for defrajnng the public and necessary charge in the respective counties of this State " and if at their said time of meeting no such tax list shall be returned to them, by the assessors of any one or more of the towns in any county then it shall be lawful for the supervisors to estimate the number of taxable inhabitants in any such town or towns according to the best information that they shall be able to obtain; and when such apportionment shall be completed the supervisors shall certify to each town the sum of money allotted to that town by virtue of this act; and a copy of such certificate, subscribed and sealed by them, shall be delivered to each supervisor present, who shall file the same in the office of the clerk of the town, for which he shall be supervisor, and when any one or more of the supervisors are absent, it shall be the duty of the clerk of the supervisors to transmit such certificates to the clerks of the several towns whose super- visors were not present at such annual meeting, and such clerks shall file the same in their respective offices. And be it further enacted That the mayor, aldermen, and commonalty of the city of New York in common council convened shall yearly and every year during the continuance of this act cause to be raised by a tax in the said city and county a sum equal to one half the sum so appropriated for encouraging and maintaining schools in the city and county of New York by virtue of this act in the same year to be added to and applied in the same manner with the money so appropriated as aforesaid, which said sums of money so to be raised shall be assessed levied collected and paid according to the directions of the act entitled " An act for the more effectual collection of taxes in the city and county of New York." And be it further enacted That the supervisors of each of the several other counties of this State shall yearly and every year during the continuance of this act cause to be raised by a tax in each town in the same county a sum equal to one half of the sum to be allotted to the same town in the same year out of the money so appropriated to the county by the State in the same year by virtue of this act to be added to and applied in the same manner with the money so to be allowed to the same town in the same year by virtue of this act which said sums of money shall be raised levied collected and paid to the treasurer of the same county together with and in the same manner as the necessary and contingent charges of the said county are to be raised collected and paid by virtue of the act entitled " An Act for defraying the public and necessary charge in the respective counties of this State." And be it further enacted That it shall and may be lawful for the mayor aldermen and commonalty of the city of New York in common council convened from time to time during the continuance of this act to cause as well the money so appropriated for encouraging and maintaining schools in the city and county of New York as the money to be raised in the said city and county for the same purpose by virtue of this act to be applied as well for the encouragement and maintenance of the several chanty schools as of all other schools in which children shall be instructed in the English language or taught English grammar, arithmetic mathematics and such other branches of knowledge as are most useful and necessary to complete a good English education whether the children taught m such charity school shall be the children of white parents or descended from Africans and Indians in such manner as the common council shall think proper and in conformity with the intent of this act and shall on or before the first day of November in the year of our Lord one thousand seven hundred and ninety six and on or before the first day of November in every year thereafter during the continuance of this act cause an account of the application and distribution of the said monies to be filed in the office of the secretary of this State who shall deliver the same to the legislature at their then next session. And be it further enacted That on the distribution of the monies assigned to or to be raised within the city and county of New York amongst the different schools in the said city that if one or more of the said schools should refuse to receive their respective proportions of the money so assigned or raised as aforesaid then and in that case the same shall be appropriated to the charity schools in the said city at the discretion of the said common council. And be it further enacted That the supervisors of the county of Albany shall yearly and every year during the continuance of this act cause to be raised by a tax in the city of Albany a sum equal to the half of the sum to be appropriated for encouraging and maintaining schools in the said city by virtue of this act in the same year to be added to and applied in the Tame manner with the monies so appropriated as aforesaid which said sum of money so to be raised shall be assessed levied collected and paid to the treasurer of the same county together with and in the same manner as the necessary and contingent charges of the same county are to be raised collected and paid by virtue of the act entitled " An act for defraying the public and necessary charge in the respective counties of this State." And be it further enacted That it shall and may be lawful for the mayor aldermen and commonalty of the city of Albany in common council con- vened from time to time during the continuance of this act to cause as well the money so appropriated for encouraging and mamtainmg schools m the city of Albany as the money to be raised in the said city for the same purpose by' virtue of this act to be applied for the encouragement and main- tenance of the schools in which children shall be instructed in the English language or taught English grammar arithmetic mathematicks and such other branches of knowledge as are most useful and necessary to complete a good English education in such manner as the common council shall think proper and most agreeable to the intent of this act on or before the first day of November in the year of our Lord one thousand seven hundred and ninety six, and on or before the first day of November in every year there- after during the continuance of this act cause an account of the application of the said monies to be filed in the office of the secretary of this State who shall deliver the same to the legislature at their then next session and the treasurer of the said county of Albany is hereby directed to pay as well 8 the money so to be allotted to as to be raised in the said city of Albany for encouraging and maintaining schools in the said city of Albany to the order of the mayor, aldermen and commonalty of the city of Albany to be by them appropriated as aforesaid. Atid be it further enacted That it shall be lawful for the freeholders and inhabitants in the several towns in the State who may be qualified by law to vote at town meetings to elect at their respective annual town meetings not less than three nor more than seven persons who shall during the continuance of this act be commissioners of schools and have the superin- tendence thereof and shall determine concerning the distribution of the monies allotted to or raised in the same town for the purpose of encouraging and maintaining schools by virtue of this act in the manner hereafter directed provided that for the present year the supervisor and town clerk and assessors shall be commissioners. And be it further enacted 1 hat the city of Hudson in the county of Columbia shall be considered as a town for all the purposes contemplated in this act: And the freemen of the said city being inhabitants thereof shall annually elect commissioners of schools in like manner as last above pre- scribed, and at such time in every year as they are by law directed to elect aldermen assistants and other officers in and for the said city and the said commissioners when so elected and qualified as above prescribed shall con- tinue in office for the like time, perform the like duties, exercise the like powers and proceed in doing business in like manner as the commissioners of schools in the several towns in the State; and every certificate or other matter in writing which is hereby directed to be filed in the office of the clerk of any town, shall in and for the said city be filed in the office of the clerk of the city and that the city of Albany in the county of Albany shall be considered as a town in the distribution to be made by the supervisors of the same county of the money appropriated to the same county by this act. And be it further enacted That for the purpose of deriving a benefit from the monies hereby appropriated it shall be lawful for the inhabitants residing in the diflferent parts of any town to associate together for the purpose of procuring good and sufficient schoolmasters and for erecting or maintaining schools, in such and so many parts of the town where they may reside as shall be found most convenient and in which shall be taught such branches of learning as are intended to receive encouragement from the monies hereby appropriated. And all such persons as may associate together for the pur- poses above mentioned, shall appoint two or more persons to act in their behalf as trustees of every such school. Provided nevertheless that no person shall be appointed a trustee of any such school who ijiay be in any other manner authorized or empowered to carry this act into effect and the said trustees shall whenever they may judge it necessary confer with the commis- sioners of schools for the town or ward where they may reside concerning the qualifications of the master or masters that they may have employed, or may intend to employ, in their school, and concerning every other matter which may relate to the welfare of their school or to the propriety of erecting or maintaining the same, to the intent that they may obtain the determination of the said commissioners whether the said school will be entitled to a part of the monies allotted to or raised in that town by virtue of this act and whether the abilities and moral character of the master or masters employed or intended to be employed therein are such as will meet with their approbation. And the said trustees of the said several schools shall on the third Tuesday in March of every year or within four days thereafter make a return certified under their respective hands to the commissioners of schools for the town where their respective schools may have been kept containing the name or names of the master or masters who in the year then next preceding may have instructed in the school for which they were appointed trustees and the time or times when they severally began and left off instructing in the said school and the number of days they may have severally instructed therein, and the terms upon which they have severally agreed to instruct in the same and the names of the scholars who in that year have been instructed therein and the number of days which they have severally attended the school and the time or times within which the school has been kept in that year pro- vided nevertheless That the name of any child who shall be under the age of four years shall not be inserted in any such returns and if after the receipt of the said returns it shall appear to the said commissioners that there is no material error fraud or deception in them they shall collect into one sum the whole number of days for which each and every scholar that may have attended any one of the said schools shall have been instructed therein, and shall apportion the monies allotted to and raised in that town for the purpose aforesaid according to the whole number of days for which instruction shall appear to have been given in each of the said schools in such manner that the school in which the greater number of days of instruc- tion shall appear to have been given shall have a proportionably larger sum and if it shall at any time appear to the said commissioners that the abilities or moral character of the master or masters of any school are not such that they ought to be entrusted with the education of youth or that any of the branches of learning taught in any school are not such as are intended to receive encouragement from the monies appropriated by this act the said commissioners shall notify in writing the said trustees of such school thereof and to the time of such notification and no longer shall any allowance be made to such school unless the same thereafter be conducted to the appro- bation of the said commissioners and where more masters than one shall have been employed in any school the said commissioners shall apportion the monies allotted to that school among the said several masters according to the length of time they may have severally kept the schools or according to such agreement as shall have been made with them by the trustees of said school or by any other person or persons who may have procured them. And be it further enacted That nothing herein contained shall be con- strued to prevent the inhabitants residing near the limits or borders of any town from associating with the inhabitants residing in any adjoining town for the purposes above mentioned and in every such case the trustees of the school shall be residents of the town where the school may be kept and the commissioners of that town shall make the like distribution to such school as is herein before prescribed with respect to the other schools in such town. And be it further enacted That the said commissioners in every town shall provide a book in which they shall make an entry of every school under their superintendence the names of the trustees and the masters names the lO time of application made to them by the trustees and the time of the appro- bation of the said commissioners as well of schools already established as of such as may be established during the continuance of this act and shall on the last Tuesday in May in every year from the return of the trustees with such vouchers as may be necessary determine the sums due to the trustees of the respective schools and shall give to the trustees of each school an order on the treasurer of the county for the sum which they shall so determine to be due and the treasurer of the county is hereby required to pay the same. And be it further enacted That the commissioners in the several towns within this State shall on or before the first day of July in the year one thousand seven hundred and ninety six and in every year thereafter during the continuance of this act deliver to the treasurer of their respective counties a schedule containing the number of schools the masters names the number of scholars taught and the number of days of instruction in the schools of which they were the commissioners and the treasurers of the several counties shall on or before the first day of November in every year transmit the same to the secretaries office and the secretary shall lay the same before the legisla- ture at their next meeting. And whereas special provision hath already been made for the encourage- ment of learning in the several colleges and academies in the State, Therefore Be it further enacted That nothing in this act contained shall be so con- strued as to extend to any college or academy which now is or hereafter shall be incorporated under the authority of the regents of the university or by virtue of any law of the State. And be it further enacted That this act shall be in force and take effect, from and after the first Tuesdaj^ of April one thousand seven hundred and ninety-five.* An amendment was passed April 6, 1796. It reads: " Whereas it is provided that the twelfth section of the act entitled An act for the encouragement of schools that the inhabitants of two adjoining towns may associate for the purpose of erecting schools in conformity to the said act and that commissioners of the town in which the school is kept shall make the like distribution to such school as to schools wholly composed of children belonging to the town in which the school is kept which in many instances is likely to operate unequally between the inhabitants of said towns. For remedy whereof Be it enacted by the People of the State of New York represented in Senate and Assembly That the commissioners of the adjoining towns in which such association shall take place shall respectively furnish monies to such school in the same manner as is directed with regard to other schools in proportion to the number of scholars from each town respectively and the trustees of the school in the town where such school is so kept shall direct a separate account of the days of instruction that shall be so given to scholars that belong to such adjoining town and deliver the same to the commissioners of schools of such adjoining town and the said commissioners shall pay the proportion of said money to said trustees accordingly. *Laws of the State of New York, 178^1796 (Albany, 1887), 3:626-631. II And be it further enacted That the children of the inhabitants of any town where there is an academy incorporated or to be incorporated, and shall be taught in such academy only reading writing and common arithmetic shall be considered as scholars of common schools are considered by the act entitled 'An act for the encouragement of schools ' and shall have the like benefit as other scholars belonging to the common schools in the same town as to the gratuity of this State and the tax to be raised in the same town." (Laws of the State of New York, 1789-1796, 3:702.) The significant features of the law may be summarized as fol- lows: 1 " The sum of twenty thousand pounds, shall be annually appropriated for the term of five years for the purpose of encour- aging and maintaining schools in the several cities and towns in this State, in which the children . . . shall be instructed in the English language or be taught English grammar, arithmetic, mathe- mathics and such other branches of knowledge as are most useful and necessary to complete a good English education." 2 At first this sum was apportioned to the several counties ac- cording to their representation in the legislature; afterwards " every payment to the several counties shall be in proportion to the number of electors for members of assembly in each county." 3 " It shall be the duty of me supervisors in each and every of the counties of this State, at ipieir meeting on the last Tuesday of May or within ten days thereafter in every year to apportion the said respective sums among the several towns in their respective coimties . . . according to the number of taxable inhabitants which shall appear to be in the several towns in each county." 4 " The supervisors of each of the several other (other than New York) counties of this State shall yearly . . . cause to be raised by a tax in each town ... a sum equal to one-half of the sum to be allotted to the same town in the same year out of the money so appropriated to the county by the State." 5 The inhabitants of the various towns were authorized to elect " at their respective annual town meetings not less than three nor more than seven " commissioners of schools, " who shall . . . have the superintendence thereof, and shall determine concerning the distribution of the monies." 6 " It shall be lawful for the inhabitants residing in the different parts of any town to associate together for the purpose of procuring good and sufficient schoolmasters, and for erecting or maintaining schools." 12 7 The inhabitants shall " appoint two or more persons to act in their behalf as trustees of every such school." 8 " The said trustees shall whenever they may judge it neces- sary confer with the commissioners of schools . . . concern- ing the qualifications of the master or masters that they may have employed, or may intend to emplo)', in their school, and concerning every other matter which may relate to the welfare of their school . . . to the intent that they may obtain the determination of the said commissioners whether the said school will be entitled to a part of the monies allotted to or raised in that town by virtue of this act." 9 The trustees were required annually to transmit to the com- missioners a " return " or report " containing the name or names of the master or masters who in the year then next preceding may have instructed in the school for which they were appointed trus- tees and the time or times when they severally began and left off instructing . . . therein, and the terms upon which they have severally agreed to instruct in the same and the names of the scholars who in that year have been instructed therein and the number of days which they have severally attended the school." 10 The commissioners " shall apportion the monies . . . according to the whole number of days for which instruction shall appear to have been given in each of the said schools," and " shall give to the trustees of each school an order on the treasurer of the county for the sum which they shall so determine to be due and the treasurer of the county is hereby required to pay the same." 1 1 " The commissioners . . . shall provide a book in which they shall make an entry of every school under their superin- tendence the names of the trustees and the masters names the time of application made to them by the trustees and the time of the approbation of the said commissioners." 12 " The commissioners . . shall . . . deliver to the treasurer of their respective counties a schedule containing the number of schools the masters names the number of scholars taught and the number of days of instruction in the schools . . . and the treasurers . . . shall . . transmit the same to the secretaries office and the secretary shall lay the same before the legislature at their next meeting." Let us turn now to a consideration of the practice established by this law. In its formal, concise manner, the statute draws up the plan, and indicates the procedure to be followed. A description 13 of the actual operation of the system is to be found only in the records of the towns. Fortunately for our purpose the Records of the Town of Westchester contain a fairly complete account of the practice.^ The earliest entry of importance in the Records of the Town of Westchester, following the passage of the statute, is a " Cer- tificate," dated June 17, 1795, from the county supervisors. This is an official statement that " the apportionment of the money by us allotted to the Said Town by virtue of the Act aforesaid is Sixty Two pounds four Shillings."^ To this sum must be added ^Records of the Town of Westchester, 1724-1839; Ibid, 1788-1827. These records have not been edited; they are contained in manuscript folio volumes, in the Municipal Building, New York City. Every entry relating to the law of April 9, 1795 is reproduced, without abridgment, in this study. * Records of the Town of Westchester, 1724-1839, 106. " Certificate for £62.4.0 for the use of the Schools in the Town of Westchester. We the Supervisors of the County of Westchester pursuant to an act of the Legislature of the State of New York, entitled ' An Act for the encour- agement of Schools' passed the ninth of April, 1795 do Certify to the Town of Westchester that the apportionment by us allotted to the said Town by virtue of the Act aforesaid in Sixty Two pounds four Shillings. Witness our hands and Seals the Seventeenth day of June one thousand Seven hundred and Ninety five. William Adams Benjm Morgan James Willis Stephen Carpenter Richard Hatfield George Comb Philip Pell Pierre Van Courtland Junr Thomas Bowne Daniel Delavan William Fansher Abel Smith Abraham Brown Elias Newman Abijah Gilbert William Vail John Robert Israel Underbill " The Records contain but one other " Certificate " of this type, dated October 4, 1799: "A Certificate of money granted for the use of schools 1799 We the Subscribing a majority of the Supervisors of the County of West- chester do Certify that the money apportioned of the Town of Westchester for the Encouragement of schools is one hundred Dollars and Twelve Cents given under our hands and seals at Bedford October 4th day 1799, 14 £31 -25., "a sum equal to one half of the sum to be allotted to the same town," which the county supervisors " shall . . . cause to be raised by a tax." ^ The total, ^93.65. seems to have been a rather small amount with which to establish and maintain schools in a town the size of Westchester. The next document to be considered, and one of the most inter- esting, is a " Book " containing the official accounts of the estab- lishment of schools. This record bears the following title : A Book for the entrey of Schools In the Town of Westchester, Agreeable to an Act of the Legislature of the State of New York entiteled an Act for the encouragement of Schools passed the 9th of April 1795 The contents follow in the order of the original manuscript.® (i) "A Certificate from the School House near Delanceys Bridge, In the words following viz, and the money quoted is fifty three Dollars and thirty three Cents given under our hands as above. The Collectors Fees to be taken out of this for the Treasurer. $100.12 53-33 153-45 Collector fees 5.30 Total sum $148.15 George Comb Abraham Brown William Fansher James McDonald John Falconer Supervisors Stephen Liens Benjamin Morgan Abel Smith Elijah Ward Israel Underbill I. D. De Lancey" The law required that the " supervisors shall certify to each town the sum of money allotted to that town by virtue of this act." ' See the law. ' Original paging is indicated by numbers in brackets. 15 A number of the Inhabitants in the neighbourhood of Delanceys Bridge in the town of Westchester having Associated themselves for the purpose of estabhshing a School Met at the House of Levi Hunts on the 14th day of December 1795, in pursuance of an Act of the Legislature in that case made & provided, & having chosen Joseph Browne chairman they proceeded to the choice of two Trustees for the said School When Joseph Browne & John Gillespie were legally chosen, The above is a true copy of the proceed'gs. Joseph Browne Chairman Likewise a Certificate from the Trustees of the above School, in the words following viz, John Gillespie & Joseph Browne being chosen Trustees of the School near Delanceys Bridge report the same to the Commis- sioners of Schools for the Town of Westchester that Robert Bayard is School master thereof, who is engaged untill the first day of April next to educate in reading writing & Arithmetic all Such Schollars as may be sent to him for which he is to receive a compensation at the rate of Sixty pounds pr Annum. Westchester December 15, 1795 John Gillespie Joseph Browne (2) The Inhabitants in the upper part of the Town of Westchester having Associated themselves together at the School House near the Widow Bartows On the i6th day of January 1796 for the purpose of establishing a School & for choosing Two Trustees to Superintend their Said School, agreeable to an Act of the Legis- lature of the State of New York in that case Made & provided. When Israel Honeywill & William Bartow were Accordingly chosen. John Reid, Theophilus Bartow his Thos Bartow Peter X Valentine Mark We the Subscribers being chosen Trustees for the School near the Widow Bartows in the upper part of the town of Westchester do report the Same to the Commissioners of Schools for the Said Town & likewise inf.orm them that John Bartow Son of John Bartow Jun. is engaged as School master thereof, for the Term of i6 One Quarter at the rate of forty eight pounds pr Annum & is to educate in reading writing & Arithmetic all Such Scollars as may be Sent to him. January 16.17. 1796 Israel Honeywill William Bartow The foregoing Certificates Approved Januar>' 23d 1796. By Thomas Bartow Elijah Williams Benjamin Williams, Israel Underhill (3) The Trustees of the School near the Widow Bartows inform the Commissioners of Schools of their having employed James Lions as teacher in their School And that he began to teach on the first of April and Agrees to Teach in the Said School one Year for ijo all Such Scholars as may be sent to him in Reading Writing and Arithmetic Approved April 5th 1796 and ordered to be entered in the School Book By Oliver DeLancey Jonathan Randall Elijah Williams At a Meeting of the Commissioners of Schools held at the House of John Valentines on the 19th Day of September 1796. Present Oliver DeLancey Augustus Bartow Jonathan Randall & Elijah Williams At which time the Trustees of the School near DeLanceys Bridge inform that their School was destitute of a teacher and that they had employed Master Burchell to instruct in the School for one Year at the rate of One hundred pound per annum. Joseph Browne trustees John Gillespie Approved and ordered to be entered in the School book. (4) The following is A Copy of A Certificate from the Inhabitants of Throgs Neck in the words following viz, We the Subscribers residing on Throgs Neck Town and County of Westchester having associated together for the purpose of 17 Establishing a School on the said Neck of Throgs in pursuance of an Act for the Encouragement of Schools passed the 9th of April 1795 Do hereby certify that having assembled for this pur- pose on the 23 Day of December last At the House of John Hobart Esq We did then and there appoint Jonathan Fowler and Philip T Livingston to Act in our behalf as Trustees of Such School to be Established according to and under the Act above mentioned As Witness our hands this 24th Day of December one Thousand Seven Hundred and Ninety Six. Jonathan Fowler Philip T Livingston N. Bayard John Sloss Hobart The Trustees within mentioned hereby inform the Commis- sioners of Schools for the Town of Westchester That they have agreed on the Same Terms as other Schools are kept in the Town with Thomas Greennell to be Master of a School on Throgs Neck aforesaid and have leased a House on the Said Neck from Jonathan Randall for this purpose, their present agreement with the Master to continue to the 3d Tuesday in March next And there- fore request the approbation of the Commissioners for the Estab- lishment of such School according to the Regulations of the School act within mentioned. Approved 20 February 1797 by Jonathan Randall Augustus Bartow Commissioners Elijah Williams of Schools (5) The following is A Copy of a Certificate of the appointment of Trustees to the School near Cornelius Leggetts on the West Farms in the words following viz, At a meeting of the proprietors of the School in the West Farms held December 14th 1796 for the purpose of chooseing Trustees for said School Cornelius Leggett in the Chair William Leggett and Craig Kelly were unanimously chosen Trustees. Cornelius Legget Chairm. Likewise a certifycate from the Trustees of the said School in the words following viz, We the Subscribers chosen Trustees for the School in the west Farms near Cornelius Leggetts in the Town of Westchester Do report the same to the Commissioners of Schools for the said Town of Westchester and Ukewise inform them that Arthur Burchell is engaged as School Master thereof for the term of one i8 Quarter at the rate of One Hundred and four pounds per Annum and is to Educate all in Reading Writing & Arithmetic all such Scholars as may be sent to him. Westchester April 22th 1797 William Legget Craig Kelly Trustees At a meeting of the Commissioners of Schools held at the House of Levi Hunts April 22th 1797 Present Oliver De Lancey Augustus Bartow Samuel Berrian & Elijah Williams At which time the aforegoing Certifycates were approved and ordered to be entered in the School Book." * This little " entrey " book presents a brief description of the first steps to be taken, in any district, for the establishment of a school. We see here the inhabitants " associating together for the purpose of establishing a school," electing " two Trustees to Super- intend their Said School," and engaging a schoolmaster. This business transacted, the trustees " report the Same to the Commis- sioners of Schools," in the form of a " Certificate." If the action of the inhabitants and trustees meet the approval of the commis- sioners, the certificate is " approved and ordered to be entered in the School book." The town-meeting minutes make no reference to the election of commissioners of schools until "An Annual Town Meeting held in the Town of Westchester on the ist Tuesday of April being the 5th Day of April, 1796," when Augustus Bartow, Elijah Williams, Samuel Berrian, Oliver DeLancey, and Jonathan Randall were chosen.^" These men were reelected on April 4, 1797. It will be recalled in this connection tliat the statute provided " that for the present year (1795) the supervisor and town clerk and assessor shall be commissioners." It is not until we examine the " returns," upon which the com- missioners " shall apportion the monies," that we see the schools in operation. For this purpose the complete set of reports to the " Commissioners of Schools for the Township of Westchester " will be reproduced. "A Return from Gilmores School ^ Separate manuscript, not part of the bound Records of the Town of Westchester. "Records of the Town of Westchester, 178&-1827, 16. 19 To the Commissioners of Schools for the Township of West- chester and State of New York. A Return of the Scholars Taught and Instructed on the Man- ner of Fordham Township and County of Westchester and State of New York, whereof John Ryer and Nicholas Berrian Junr are Trustees, and Robert Gilmore Tutor from the 19th Day of March 1796 untill the 19th- Day of March 1797. The said Trustees having agreed with the Said Tutor that he should Teach the Scholars sent to his School at the Rate of Ten shillings per Quarter and he the Said master to be Entitled to the proportion of the Moneys apportioned to that School raised by Virtue of the Act of the Leg- islature of New York for the Encouragement of Schools for the above said Term, NUMBER SCHOLARS NAMES OF DAYS James Berrien 140 John Berrien 288 Sarah Berrien 216 Elizabeth Berrien 216 Benjamin Berrien 280 Harriet McEvoy 72 Mary McEvoy ^2 Jackson Poole 144 Solomon Poole 186 Richard Devoe 144 Catherine Archer 168 Wiliam Archer 240 Rachel Archer z^ Letty Archer 108 Anne Hayse ^2 Peter Vallentine T2 Michael D. Vermilya 144 Issac Vermilya 46 James Vermilya 144 John Vermilya 30 Edward Vermilya 14 William Ryer 86 Phebe Ryer 144 NUMBER SCHOLARS NAMES OF DAYS James Ryer 7,2 Elizabeth Bussing 48 John Bussing 96 Issac Crusher 140 Mary Curson 226 John Crusor 96 Ann Taylor 72 James Taylor 96 James Cromwell 144 Oliver Cromwell • • 144 Charles Warner 144 John Garrison 'jz Peter Garrison ^2 Elizabeth Garrison, Jr 72 Issac Garrison 91 Elizabeth Garrison, D 93 Elizabeth Ward 288 Michael Scudder loi Sarah Scudder 144 Richard Gilmore 216 Elizabeth Bartow 20 Stephen Wheaton 109 Nicholas Berrinam 76 Total number of days .... 5694* John Ryer Nicholas Berrien Trustees. ^^ Records of the Town of Westchester, 1724-1839, 106. * Additions arc frequently inaccurate. 20 A Return of the Scholars Taught in the School on the Manor of Fordham in the Township of Westchester and State of New York and the Number of Days they have been taught whereof John Ryer and Nicholas Berrian Junr. are Trustees and Robert Gil- more Teacher from the 19th day of March 1797 to the 19th day of March 1798 the agreement between the said Trustees and the Said Teacher is that the Said Teacher shall Teach and Instruct such Children Sent to Said School at the Rate of los per Quarter for each Scholar and He the Said Teacher to be entitled to the proportion of money apportioned to the Said School according to an Act of the Legislature of the State for the Encouragement of Schools. SCHOLARS NAMES DAYS James Taylor 140 William Kitchen 140 John Bussing 105 James Ryer 70 Israel Vermillya 105 Samuel Berrian 70 James Berrian 210 Sarah Berrian 140 Benjamin Berrian 210 Elizabeth Berrian 280 Phebe Ryer 140 William Ryer 70 Peter Vallentine 175 Catherine Archer 140 William Archer 210 Rachel Archer 140 Elizabeth Woolf 140 Annie Woolf 140 Stephen Wheaton 70 Jackson Poole 210 Solomon Poole 245 Richard Devoe 105 Harriet McEvoy 70 To be carr'd outside 3535 SCHOLARS NAMES DAYS Michael Scudder 70 Sarah Scudder 140 Hezekiah Ward 280 Letty Archer 210 Elizabeth Garrison 210 Letty Garrison 210 Issac Garrison 70 Betsey Garrison 70 Susanna Garrison 70 Cornelius Garrison 140 James Garrison 210 James Crumwel! 210 Oliver Crumwell 175 David Palmer 70 Charles Valentine 70 John Cruson 210 Isaac Cruson 210 Mary Cruson 70 Richard Gilmore 280 Carr'd from opst Side. 2905 • 3535 6440 Robert Gilmore Teacher John Ryer Trustees Nicholas Berrian We the subscribers Trustees of Robert Gilmore's School on the Manner of Fordham Do to the best of our Knowledge hereby 21 Certify that the Said Robert Gilmore has instructed in the Said School agreeable to the terms mentioned in the within Return. Nicholas Berrian.^'^ A Return from Arthur Burchells School CHILDRENS NAMES MONTH Linoal Browne September George Senate David Palmer John De Laney • . . . John De Lancey Robert Gilaspie • • . . . John Gilaspie Anthony Galaspie • ■ Susanna Galaspie Thomas Gilaspie Paul Reily Chas Vallentine ^ David Kelly October Isabella Beard " Catherine Beard " John Reilly " Joshua Monroe December Peter Senate Jany John Embrce " Pell Hunt " Gion Hunt " Hannah Hunt " Joseph Baxter . . .- " David Leggett " Cornelius Leggett " William Croser " William Smith " Edwin Britton March Henry Ryer Nov VTE YEAR ATTENDED ADSE NT 22 1796 143 10 " " 74 79 26 " 129 21 22 " 127 26 26 17 31 5 2 16 23 9 13 21 1797 1796 Days of attendance and absence Arthur Burchell Directed 127 74 79 129 21 127 26 127 26 "5 38 102 51 136 17 106 47 68 85 108 45 105 45 "5 17 4 128 3 129 4 116 7 83 64 2 62 4 59 I 59 I 41 13 30 18 48 12 58 2 58 2 52 8 4 2 108 16 2158 1046 We the Commissioners do approve of those Number of days for two Masters. 2031 Aug Bartow 1258 S. Berrian O. De Lancey 3282 We the Subscribing Trustees for the School near De Lanceys Bridge do Certify that the within return of the number of days "Records of the Town of Westchester, 1724-1839, 117. 22 that the Children attended the School kept by Arthur Burchell is true to the best of our Knowledge and that all the Children are more than four Years of age and that the terms on which the Said Arthur Burchell kept the said School are as follows — He is to Educate in reading, writing, and arithmetic all such Scholars as may be Sent to him for one hundred pounds per annum. This Said Arthur Burchell to maintain the Said School in fire at his owne Expence. We do also Certify that Sum for the annexed signed by Robert Bayard. Given under our hands this 25th Day of March 1797. Joseph Brown Trustees John Gilaspie The Total Number of Days from April the 24th 1797 to March the 1 2th 1798 as Taught by Arthur Burchell were 3293 days. Total days of attendance of children 3293. We the Subscribers trustees of the School taught by Arthur Burchell do to the best of our Knowledge hereby Certify that the Said Arthur Burchell has Instructed in the Said School agree- able to the above Return, Signed Wm Leggett Trustees Craig Kelly " Dated March the 12th 1798. A Return from James Quimblys School I James Quimbly have taught throught the Course of this last Season from the 21st of the 3d Mo 1797 to the 23d of the 3d Mo 1798. Within this time I have Taught 180 Days at i20 per Quarter. The Names of the Children and tlie Number of Days they have attended School as follows, CHU-DRENS NAMES DAYS CHILDRENS NAMES DAYS William Vallentine 54 Stephen Honeywell 49 Mateldia Hunt • • 94 Rachel Freeborn 12 Mary Quimbly 33 Abraham Heady 138 Benjamin White 48 Isaac Heady 48 George White 154 William Ferris 172 Oakley Pugsley 53 Elizabeth Wilson 162 Aaron Cornell 25 Caroline Livingston 6 Philip Briggs 153 Carrington Wilson 139 Elijah Quimby 141 Sarah Wilson 38 i» Records of the Town of Westchester, I724r-i839, 120. 23 CHILDRENS NAMES DAYS Sewell Dodge 41 Mary Carroll 27 Mary Billings 113 George Paul i33 Anne White 24 Sarah White IZ Elizabeth Quimby 136 Phebe Baxter 75 Eleon Hady 90 Jack Briggs 78 Charollet Hunt 71 Lewis Doty 141 Esther Lewis 2"] Eliza Sprague 61 James Stone 120 James Baisley 124 James Honeywell 125 Elijah Baxter 51 Warren Hyd« 106 Sarah Buckbee 71 Sarah Baxter 66 Thomas Buckbee 80 Ann Ferris 132 Uzza Lewis 107 CHILDRENS NAMES DAYS Thos Stone 53 Augst Lawrence 49 Olijah Moshen 30 Thimothy Randle 31 Chas Baxter 37 Anne Lewis 21 Wm Vanzant 12 Jno Hitchcock 61 Chet Braint 12 G. and E. Baisley 153 G. and M. Baxter 52 Sarah Baxter 17 Sophia Bartow 83 Cr Bartow 81 Theop Hunt 60 John Gilaspee 513 Robt Gillaspe 55 William Hyde 45 Susan Galipie 5^ William Hyde 47 Isaac Randle 19 Thomas Gillespie 5^ John Pugsley 52 Total 4732 days We the Subscribers Trustees of James Quimblys School do to the best of our Knowledge hereby Certify that the Said James Quimbly has instructed in the School agreeable to the terms men- tioned in the within Return. Edward Briggs Jonathan Fowler Trustees." St March 1797 to the present Day the Minutes. Succinct Account from the 21 March 30th 1798. Taken from NO. OF CHILDRENS NAMES DAYS Cornelius S. Bartow 10 George Crawford 63 William Crawford 63 Thomas Secord 10 Jennet Reid 207 Thomas Reid 251 Helena Reid 254 Phebe Reid 256 John B. Reid 256 NO. OF CHILDRENS NAMES DAYS Augustus Heustice 260 Elijah Heustice 265 Stephen Bartow 264 Jane Bartow 237 Robert Bartow 245 Issac W. Bartow 258 Euphamy Bartow 161 Agnes Givan 267 "Records of the Town of Westchester, 1724-1839, "6. 24 NO. OF CHILDRENS NAMES DAYS CHILDREN'S NAMFS DAYS NO- OF Mary Honeywell 170 Olivia Daft 93 Jemima Hunt 164 Mary Daft 96 Margaret Lyons 177 Oliver Fowler 152 Hester Vallentine 227 Richard Tweed 161 Peter V'allentine 193 Black George (Mr. Fowlers Margaret Smith 254 Negro) 163 James Smith 249 Moses Secord 162 Sophia Bartow 91 Black Gabriel (Mr. Givans Cornelius Bartow 91 Negro) 168 Margaret Givan 2T2 Jennet Smith 84 Lana Luterman 212 Rachel Luterman 270 Total Number of Days.. 6867 Basil Bartow 91 Number of Days Officiated by James Lyons 1st Quarter 82 2nd Do 74 3rd Do 68 4th Do 60 Total Number of Days 284 Taught We the Subscribers Trustees of James Lyons School do to the best of our Knowledge Certify that the Said James Lyons has instructed in the Said School agreeable to the terms mentioned in the within return. Israel Honeywell William Bartow ^' "Records of the Town of Westchester, 1724-1839, 115. The following entry contains the terms upon which James Lyons was engaged for the year 179S-1799: " We the subscribers having been appointed Trustees of the School on the West Farms on the 24th day of February last have agreed with James Lyons to be the master thereof for one year from the first day of April next on the Condition following to wit. That he is to Educate all such Children as shall be sent to him in reading writing and arithmetic at the rate of Sixty Pounds per annum payable quarterly exclusive of what he may receive from the Commissioners of Schools. As the Said Lyons is Said to be a man of sufficient ability and moral character, the Trustees hope their agreement with him will meet the approbation of the Com- missioners of Schools for the Town of Westchester, West Farms March 24th 1798. Joseph Browne Approved March 27th 1798 Richard Hunt by Jonathan Randall Augustus Bartow Elijah Williams " (Records of the Town of Westchester, I724r-i839, 124) 25 Return of the Names of the Scholars and the Days each severally have attended the School on Throgs Nect under the Tuition of Thomas Grenell from the 22d day of March 1797 to the 22d day of March 1798. NUMBER OF NAMES OF DAYS EACH NO. CHILDREN HAS ATTENDED 1 Jesse Bender 198 2 Joseph Bender 287 3 Mary Marsh 178 4 Elvin Palmer 104 5 Anne Hunt 98 6 Thomas Marsh 115 7 Augustus Butler 264 8 Thomas Grenell Jun 215 9 Mathew Chapman 206 10 John Chapman 189 11 Anne Chapman 220 12 James Robinson 190 13 Ralph Robinson 74 14 James Pazeley 74 NUMBER OF NAMES OF DAYS EACH NO. CHILDREN HAS ATTENDED 15 Elizabeth Baisley 168 16 Peter Horsenprats 171 17 William Horsenprats 139 18 Isaac Horsenprats 45 ig Frederick Baxter 88 20 Charles Baxter il 21 David Blizzard 39 22 Richard Blizzard 21 23 George Graham 52 24 Augustus Lawrence 18 25 Charles Nelson 6 26 Charles Nelson 55 27 Deborah Hunt 222 Total Number of Days 3427 We the Trustees of Thomas Grenells school do hereby Certify that the above is Correct and agreeable and up to the terms. Jonathan Fowler, Com.^® Succinct Account of the Childrens names the number of days of their Attendance, and also the number of days officiated by Robert Hart in the School situated near Augustus Bartows in the Town- ship and County of Westchester from the 2n day of April 1798 to the Second day of July 1798 taken from the minutes. NO. OF CHILDRENS NAMES DAYS Stephen Bartow 50 Robert Bartow 63 Euphamy Bartow 58 Wm John 49 Jemima Hunt 66 Jennet Reid 51 Helenia Reid 49 John Bartow 5- Mary Bartow 62 Jane Bartow Si Mary Honeywell 10 NO. OF CHILDRENS NAMES DAYS August Hustice 59 Edward Briggs 48 Rachel Luterman 61 Margaret Givins 45 Margaret Luterman 54 Elijah Heustice 50 Phebe Reid i Isaac W. Bartow 12 Sophia Bartow 41 Cornelia Bartow 39 Basil Bartow 26 "Records of the Town of Westchester, 1724-1839, 122. 26 NO. OF NO. OF CHILDREN S NAMES DAYS CHILDRENS NAMES DAYS Oliver Fowler 54 William Vanzant 43 Susannah Wright 53 William A. Bartow 39 453 James Smith 50 Amt Carrd 830 Margaret Smith i Caroline Livingston 46 Total 1283 Officiated 70 days Children attended 1283 days William Bartow Trustee Examined and accepted by us the Commissioners this 19th Day of March 1799. Signed Jonathan Randall Samuel Berrian Lott Hunt David Hustice Augustus Bartow Basil L Bartow " " From the " entrey " book, and the " returns," we learn that the salaries were determined by " agreement between the said Trustees and the Said Teacher." They varied in amount. John Bartow, master of the " school near the Widow Bartows in the upper part of the town of Westchester " was secured at the lorvv " rate of forty eight pounds pr Annum," while James Lyons, who succeeded him, agreed " to Teach in the Said School one Year for Ijo." In the following year James Lyons taught in the " school on the West Farms " " at the rate of Sixty Pounds per annum payable quarterly exclusive of what he may receive from the Commissioners of Schools." It is very probable that by this arrangement he enjoyed a larger income than £70. Arthur Burchell, of the school " near De Lancey's Bridge," received £100 per annum, but was obliged to " maintain the Said School in fire at his owne Expence." In each of these cases the master was obliged to teach, at a stated salary, " all such Scholars as may be sent to him." By another arrange- ment, Robert Gilmore agreed to " teach and Instruct such Children Sent to Said School at the Rate of los per Quarter for each Scholar and he the Said Teacher to be entitled to the proportion of money apportioned to the Said School." An agreement of this type offered the master an incentive to increase his enrolment, and the trustees may have expected him to accomplish this by improving the quality of instruction. "Records of the Town of Westchester, 1724-1839, 119. 27 The " returns " reveal a simple but satisfactory system of keep- ing the attendance records. We find here, neatly arranged in small compass, the " names of the master or masters," the " times when they severally began or left off instructing," the " number of days they may have severally instructed," the " terms upon vi^hich they have severally agreed to instruct," the " names of the scholars," and the " number of days which they may have severally attended the school." If the class records submitted by the schoolmasters were found to be correct, they were approved by the trustees and forwarded, in the form of " succinct accounts," to the commis- sioners. These latter oflficials were instructed by the statute to " apportion the monies . . . according to the whole number of days for which instruction shall appear to have been given in each of the said schools." Although the school term was not defined by the law, the maxi- mum year comprised 288 days. Evidently holidays were few and recesses short in duration. It will be noticed also that only a small number of children obtained perfect attendance records. The number of days was probably determined by agreement between the teacher and the trustees, and the work of instruction was con- ducted on a quarterly basis. The records indicate that some children attended one quarter only. A summary for the year 1799, drawn up by one of the commis- sioners, illustrates the form in which the " returns " were preserved by the commissioners. A similar " succinct account " may have been transmitted to the county treasurer. "An account of money paid to the Schools in the Year 1799 with the number of days of attendance and the Names of the Teachers as follows ,-r , No. of Names of Teachers Days Dolls. Cts. Mil. Thomas Grenell 1146 8 73 9 James Quimbly 4843 36 93 i Robert Hunt 1283 9 78 3 William Ferby 527 4 i 4 James Lyons 7631 58 19 2 do do 164 I 25 Robert Gilmore 5386 41 7 2 Amount of Money $159.99 A succinct acc't by B. I. Bartow " ^^ "Records of the Town of Westchester, 1724-1839, 130. 28 On tlie whole, the town of Westchester seems to have comphed satisfactorily with the requirements of the law. During the years 1795-99, five schools were established and operated successfully.^" No indication of break-down appears in the town records until 1799, the last year for which the statute made provision. In that year the inhabitants of a certain section of the town complain that a long " time has elapsed since any Public School has been established in this most populous part of the town," and petition the board of trustees for a school.-'* The town records contain no ^*The "school near the Widow Barlows," and the "school near Augustus Bartows " probably refer to one school. 2° Records of the Town of Westchester, 1724-1839, 125. " Petition of Philip T. Livingston and others as regards Schools The Petition of the Subscribers, Inhabitants of the Town of Westchester To the Board of Trustees of Said Town of Westchester. Humbly Showeth That Whereas the Said Inhabitants being destitute of a School House there being none in the Square of about four miles Do therefore pray That the Trustees w'ill grant a piece of Land part of that now Lying in Common to a Committee in Trust for the purpose of erecting a School House thereon with as much land as they may consider necessary for such purposes and in such place as they may deem most convenient to the whole of the Said District. The Subscribers Cannot but Consent that so long a time has elapsed since any Public School has been established in this most populous part of the Town and believe for to encourage a good School a Quantity of Land annexed to the House will ever be the means of procuring Masters with Talents sufficient for just purposes. They therefore believe a portion of the present weast Land could not be better appropriated than for such purposes. Your Petitioners would further add that the Said School be erected by a Committee appointed annually by the Trustees of the Said Town of West- chester which said Committee shall be obliged to give Schooling to six poor Children of the said Town without fee as the Trustees of said Town may from year to year agree. Westchester, April i6th 1799 Signed « i^Jjri Dom Lynch Robert Heaton Solomon Hustice Jonathan Fowler John Gillespie .Alford Livingston Israel Underbill A. Hammond John W. Livingston N. Bayard R. G. Merrit Philip J. Livingston Lewis H. Guerlius Walter Butler Thomas Baxter Lott Hunt." 29 further reference to this petition; in fact, this particular entry closes the official account of the part played by the town of West- chester in establishing schools in accordance with the provisions of the law. The democratic character of this enactment will be evident at once. It clearly indicated the organization of a district system, and placed in the hands of the people the responsibility for the administration of the schools. The people were permitted to elect the school officials — trustees and commissioners — who should represent them. The statute merely sketched the plan; to work it out successfully, the people were forced to rely upon themselves. In effect, the State said, erect schools and send your children to them, and we shall give you financial assistance. The greater the number of children who could be encouraged to attend, the larger the amounts of money that could be obtained from the State for the maintenance of the schools. The State was not yet ready to establish and maintain a statewide system of public elementary schools by levying a general tax for that purpose. At that time the doctrine of public elementary education supported by a com- mon tax was not established. The legislators of the day did believe, however, that the State should encourage the efforts of the people to educate themselves. APPENDIX The statute made special provision for New York City. In one section, it was " enacted that it shall and may be lawful for the mayor aldermen and commonalty of the city of New York . . . to cause as well the money so appropriated for encouraging and maintaining schools in the city and county of New York as the money to be raised in the said city and county for the same purpose by virtue of this act to be applied as well for the encouragement and maintenance of the several charity schools as of all other schools in which children shall be instructed in the English language or taught English grammar arithmetic mathematics and » Of interest in this connection are the following actions of the Common Council of the City of New York : ^^ Action of May 9, 1796: " Ordered that the Clerk publish an Advertisement in all the public News Papers ' That all Persons who have been employed in the city of New York teaching the English Language between the first Tuesday of April 1795 & the first Tuesday of April last past are requested to deliver into the office of the Clerk of the said City on or before the first day of June next an Account on Oath of the Number of Scholars taught by them respectively within the said Period and how long each of them were so taught and what Compensation has been received for the same.' " ^' Action of September 12, 1796: "A Representation of the Schoolmasters in this City on the Sub- ject of the Accounts by them rendered by order of this Board of the Number of Scholars by them respectively taught ; was read & referred to the Committee on that Subject." " Action of September 23, 1796: " The Committee on the subject of Schools made a verbal Report thereon And a Question was raised for the Consideration of the Board whether it would be proper to distribute any part of the Monies granted by the Legislature for the encouragement of Schools & the Monies raised by Tax in this City for that Purpose among the Schoolmasters or Teachers in this City? and it was determined unanimously in the Negative. 2^ Minutes of the Common Council of the City of New York, 1784-1831. (These Minutes are in process of publication by New York City.) " Ibid, 2 :237. " Ibid, 2 :276. 30 31 A Motion was then made that a parcel of the said Monies vizt £944 should be granted & distributed to & among the Charity Schools of the religious Societies in this City; upon which Debates arose & the Question being put on the said Motion it passed in the Affirmative. Ordered that Aldn Lenox & Messrs Storm & Janeway be a Committee to report to the Board the proportion of the said Sum to be granted to each of the said Charity Schools. Resolved that application be made to the Legislature at their next Meeting for legal provision to establish public Schools in this City." 2* Action of October 17, 1796: " Ordered that the Treasr or Chamberlain of this City receive from the Treasurer of this State of New York the Monies which the City & County of New York is entitled to receive by Virtue of the Act of the Legislature passed the 9th April 1795 entitled 'An Act for the encouragement of Schools.' " ^° Action of October 24, 1796: " The Committee appointed to report the proportion of the Sum of i944 part of the Monies granted by the Legislature for the en- couragement of Schools in this City Report that they have weighed every Circumstance and are of Opinion that the following Distribu- tion thereof be made which was agreed to by the Board vizt, issd The Episcopal Charity School £110 : — " The Presbyterian do 200 : — " The Reformed Protest Duch School 250 : — " The German Lutheran do 54 : — " The Scotch Presbyterian do 100: — " The African free School do 230 : — £944: Ordered that Mr. Mayor issue his Warrts on the Treasi paymt of the said several Sums accordingly. Mr. Recorder then presented to the Board a Memor' Legislature which was read & approved by the Board, p Law to enable this Board to establish one or more public Sch this City to be upheld & supported by the Monies granted I Legislature for the encouragement of Schools, Ordered tha 2* Ibid, 2 :28i. 25 Ibid, 2 '.294. LIBRARY OF CONGRESS ^^ "0 ■ 022 " lis 434 4 ♦ Common Seal of this Corporation be affixed thereto and that Mr. Mayor subscribe the same on behalf of this Board."" Action of June 29, 1798: o , , • u- " A Representation of the Trustees of the African School m this City was read & referred to the Committee on the Subject of Schools And it was ordered that an advance of $250 out of the Monies granted by the Legislature for the encouragement of Schools be made to the said Trustees for the use of the said School. And that Mr. Mayor issue his Warrt on the Treasurer for paymt thereof accordingly."" 26 Ibid, 2 :296. ^ Ibid, 2 :452.