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rior Court, Common Pleas, Sessions and Surrogate's Courts of the city and county of New York, shall remain, until otherwise directed by the Legislature, with their present powers and jurisdictions; and the judges of such courts, and any clerks thereof in office on the first day of January, one thousand eight hundred and fortyseven, shall continue in office until the expiration of their terms of office, or until the Legislature shall otherwise direct.

Sec. 13. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven, except as herein otherwise provided.

Done in convention, at the capitol, in the city of Albany, the ninth day of October, in the year one thousand eight hundred and forty-six, and of the Independence of the United States of America, the seventy-first.

In witness whereof, we have hereunto subscribed our names.

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EACH town elects, annually, a supervisor, a town clerk, three or five assessors, a collector, two overseers of the poor, a town superintendent of common schools, not more than five constables, one sealer of weights and measures, as many overseers of highways as there are road districts in the town, and as many pound masters as the electors may deem necessary.

The supervisors of the different towns of the county, thus elected, constitute a board, which meets annually for business, and holds special meetings when necessary. They are authorised to receive, exanine, and adjust all accounts against the county, or the several towns, raise money to defray them, make orders concerning the corporate property of the county, elect the county superintendent of common schools, &c.

The other officers of the counties are, the treasurer, county clerk, sheriff, coroner, district attorney, county superintendent of common schools, county sealer of weights and measures, road commissioners, inspectors, &c. By the provisions of the new constitution, most of these officers are chosen for three years.

The cities are governed by a mayor, recorder, and common council. The latter is composed of one alderman, and one assistant alderman, for each ward of the city. These officers have judicial powers conferred on them, in offences not punishable with death. They also perform the duties of supervisors in their respective cities.

There are nine cities in the state; viz., New York, Albany, Troy, Hudson, Schenectady, Utica, Buffalo, Rochester, and Brooklyn.

The incorporated villages are governed by a president and board of trustees, usually five in number. There are about 150 incorporated villages in the state.

PUBLIC EDUCATION.

ORIGIN AND HISTORY OF THE COMMON SCHOOL SYSTEM.

THOUGH less zealous in the cause of popular education than the early settlers of New England, yet, ere the forests had been felled, or the Indian war-whoop ceased to be heard, in the neighborhood of the white settlements, the sturdy Hollanders began to provide for the education of their children.

In 1633, Adam Roelandsen, the first schoolmaster of New Amsterdam, arrived in that city. In 1642, the Patroon, Van Rensselaer, sent over a schoolmaster for his "colonie."

The first classical school, or academy, was established in New York city, the teacher being sent out from Holland, by the Dutch West India Company. In all the Dutch settlements, provision was early made for schools.

In 1687, a Latin school was opened in the city of New York, under the sanction of the English government. In 1702, the first legislative action, relative to education, occurred. This act provided for the establishment of a grammar school, and appropriated £50 per annum, for seven years, for the support of a teacher.

Another act was passed, in 1732, to encourage a public school, in the city and county of New York, for teaching Latin, Greek and Mathematics.

Under this act a free school was established, and endowed with £40 a year, for five years; and ten scholars were to be sent from New York, two from Albany, and one from each of the other coun ties, making twenty in all. This school was the germ of Columbia college.

In 1743, Rev. Mr. Dunlap, of Cherry Valley, Otsego county, established the first grammar school in the state, west of Albany. Between 1746 and 1756, several acts were passed, authorizing the raising of moneys, by lottery, for founding a college in New York, and, in 1754, King's college was chartered.

After the establishment of the state government, the interest of the people was again awakened to the necessity of popular education. On the 1st of May, 1784, an act was passed, changing the name of King's college to Columbia college, and establishing the board of regents of the university of New York.

In 1789, lands were specially set apart, in the several new townships, for the promotion of literature, and the support of common schools. The proceeds of certain lands were also appropriated, in 1790, by the regents, to the institutions under their care. Their income, arising from this source, in 1792, was increased by the grant of £1500 per annum, for five years.

In 1793, the regents, in their report, suggested the importance of establishing schools in various parts of the state, for instructing children in the lower branches of education. These suggestions were renewed for the two years following, and in 1795, a common school system was established.

In 1795, $50,000 annually, for five years, was appropriated from the public revenues, for encouraging and maintaining schools, in the

various cities and towns, to be expended much as the public moneys for schools are at the present day.

In 1801, an act was passed, authorizing the establishment of four lotteries, to raise the sum of $25,000 each, one half to be paid to the regents of the university, and the other to the state treasury, to be applied for the use of common schools. This was the foundation of the literature and common school fund.

In 1805, the nett proceeds of 500,000 acres of the public lands, and 3000 shares of bank stock, were appropriated as a fund for the use of common schools, to accumulate till the interest should amount to $50,000 per annum, after which, the interest was to be distributed, as the legislature should direct.

In 1811, preparatory measures were taken to organize the school system, and in 1812, an act was passed for that purpose. Gideon Hawley, Esq., was appointed superintendent of common schools, in 1813. From 1819 to 1827, farther appropriations of lands, stocks, and money, for the increase of the school fund, were made, and $100,000 ordered to be annually distributed, while an equal sum should be raised by tax.

In 1838, the sum of $165,000 per year, from the annual revenue of the United States deposit fund, was added to the amount previously distributed. Of this amount, $55,000 was to be expended yearly, in the purchase of suitable books for district libraries. During this year, the common school system was reorganized, and, with the exception of a few amendments, assumed its present form.

PRESENT CONDITION OF COMMON SCHOOLS.

Funds. By a provision of the constitution, the proceeds of all lands belonging to the state, with the exception of such as may be reserved for public use, or ceded to the United States, together with the fund known as the common school fund, are declared to constitute "a perpetual fund, the interest of which shall be inviolably appropriated, and applied to the support of common schools, throughout the state."

Of these state lands, as yet unsold, there remain about 350,000 acres, lying mostly in the northern part of the state, and valued at about $175,000. These constitute the unproductive portion of the school fund.

The productive capital of the fund amounts to upwards of two millions of dollars, and consists of bonds, mortgages, bank and state stocks, and money in the treasury, and yields a sufficient revenue to admit of the annual appropriation, and distribution of $110,000 among the several school districts.

An equal amount, viz: $110,000, was, by an act passed in 1838, devoted to the same purpose, from the United States deposit fund. An additional sum of $55,000, was also granted for the purchase of district libraries; by an act passed in 1843, this may be expended, under certain restrictions, for maps, globes, and other school apparatus. The whole sum appropriated, beside the above $55,000, is $220,000, which is applied to the payment of teachers' wages.

The year succeeding any enumeration of the inhabitants, state or national, an apportionment of this sum is made out, among the several counties, towns, and wards, according to their population, and

the money paid over to the treasurer of each county, for distribution.

A certified copy of the apportionment is then forwarded to each of the county clerks, to be laid before the board of supervisors, who are required to raise, annually, by taxation, a sum equal to that thus received. They may also raise any additional amount, not exceeding twice the amount of the apportionment, which the electors of any town may vote to raise, for school purposes. The amounts thus raised are to be paid over to the town superintendents, for distribution among the districts.

In addition to these sums, many of the towns annually receive incomes from local funds, arising either from the sale of school lots, reserved in laying out new townships, in 1789, or from bequests, &c. In most of the large cities, large additional amounts are also raised, under special acts, providing for the organization and support of common schools.

The aggregate amount of funds applicable to school purposes, may be stated as follows.

Apportioned from state funds

Equal amount raised by taxation

Sums raised by voluntary vote of towns

Sums raised under special acts in cities
Local funds

Amount raised on rate bills

Total amount annually raised, from all sources,

for common schools

$275,000

275,000

20,000

200,000

20,000

$790,000

- $450,000

$1,240,000

This is exclusive of the large amount invested in school houses, furniture, fuel, apparatus, text books, &c.

Districts and their officers. The entire territory of the state has been divided into about 11,000 school districts, each averaging nearly four square miles. The voters of each district choose three trustees, of whom one holds his office for one year, one for two, and one for three years, a district clerk, collector and librarian, who hold their office one year each.

Town Superintendents. The town superintendents of common schools are annually elected, by the people of each of the towns, at their annual town meetings, and have the general supervision of the common schools in their respective towns.

County Superintendents. The county superintendent is the next officer in the gradation of the system, and is appointed, once in two years, by the board of supervisors of each county. Either they, or the state superintendent, may remove him from office, for neglect of duty, or misconduct. Each county is required, by law, to have one county superintendent, and where the number of districts exceeds 150, two may be appointed.

These officers are charged with the general supervision of the schools of the county, or of that section of the county, for which they are appointed. Their compensation may not exceed $500 a year; one half of which is paid by the county, and the other half by the state, out of the annual surplus of the common school fund.

Within a few years past, the county superintendents, in addition

to their duties specified by law, have called periodical meetings of the town superintendents, teachers, officers and inhabitants of districts, for the purpose of mutual consultation, and the improvement of the condition of the schools; they have organized and held teachers' institutes, in the spring and autumn, for the purpose of preparing the teachers for the more efficient discharge of their duties.

In conjunction with the town superintendents, they select the pupils, which the county is entitled to send to the state normal school; and deliver familiar lectures on topics connected with public school education, in each district, during their several visitations.

They also meet annually, in convention, for the purpose of mutual consultation with each other, with the head of the department, and with the friends of education, from this, and other states.

State Superintendent. The secretary of state is, by virtue of his office, superintendent of common schools. He maintains a correspondence with all the subordinate officers, and has a general oversight over the whole. To him are referred, for final decision, all questions arising, relative to the common school laws, on appeal from the decisions of the county superintendents.

He is required to report, annually, to the legislature, the condition of the schools in the several counties, and to do all in his power to promote the interests, and extend the benefits, of popular education throughout the state. He appoints one of the clerks of the state department, as his deputy, who aids him in the discharge of his duties, and who, in case of his absence, or the vacating of the office, becomes acting superintendent.

For a full exposition of the duties of all the officers of the common school system, reference may be had to the common school law, a copy of which may be found in each district.

Statistics of the Common Schools. From the last annual report of the state superintendent, made to the legislature, in January, 1846, we gather the following statistics :

Whole number of children between the ages of five and sixteen, in

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Whole number, of all ages, under instruction the whole or a part of the year, 1845,

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736,045

Average annual increase of children between the ages of five and

sixteen, since 1815, is more than

the year 1845,

Average annual increase of children of all ages, receiving instruction,
Average number of months in which schools have been kept during

Amount of public money paid for teachers' wages in 1845,

Amount paid on rate bills for the same purpose,

18,000 20,549

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$629,856 94

458,127 00

Total,

$1,087,983 94

Amount expended for district libraries,

Number of volumes in district libraries, 1st July, 1845,

Average annual increase of volumes,

$95,159 25 1,145,250 100,000

Number of pupils in attendance at private and select schools in 1845,

STATE NORMAL SCHOOL.

56,058

By an act, passed by the legislature of 1844, $9,600 was appropriated for that year, and $10,000 annually, for five years thereafter, and until otherwise directed by law, for the establishment and support of a state normal school, for the instruction and practice of teachers

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