Hollinger Corp. pH8.5 Hollinger Corp. pH8.5 PRIMARY EDUCATION And the Race Problem An Address to the People of Virginia "^ r A. F. THOMAS, Member of the State Senate J79 / 2 PLEASE READ AND HAND TO YOUR NEIGHBOR MOOSE BROS. COMPANY, PRINTERS AND BINDERS. LYNCHBURG, VIRGINIA X 7 19^5 J J Shall the Country Children of Virginia Be Educated? The inauguration of the public free school system in Virginia dates from the adoption of the Underwood Constitution by vote of the people on July 6th, 1869. Article 8, Section 3 provides : " The general assembly shall provide by lavi^ at its first session under this' Constitution, a uniform system of public free schools and for its gradual, equal and full introduction into all the Counties of the State by the year 1876, or as much earlier as practicable." Coming as it did upon the heels of a great war in which was involved the question of liberating four millions of people for whom it was claimed, by the victorious side, equal civil and political rights, there is left no room to doubt that it,.^vas the purpose of the framers of the Constitution that every child in the State should have equal opportunity to get an education. *M6t walling, , to leave the matter of developing this system to the discretion of the legislature, the framers made it mandatory that the law inaugurating the system should be. passed at the first session held under the Constitution. Nor willing to rest here, they evidently mistrusting the legislature (with how much reason its subsequent acts will show), limited the time for complete inauguration and establishment in all the Counties of the State to the year 1876. Article 8, Section 8 provides : "The general assembly shall apply the annual interest on the literary fund, the capitation tax provided for by this Constitution for public free school purposes and an annual tax upon the property of the State of not less than one mill nor more than five mills on the dollar, for the equal benefit of all the people of the State, the number of children between the ages of five and twenty-one years in each public free school district being the basis of such division. Provisi n shall be made to supply children attending the public free schools with the necessary text-books in cases where the parent or guardian, bj^ reason of poverty, is unable to furnish them. Each County and public free school district may raise additional sums by a tax on prop- erty for the support of public free schools. All unexpended sums of any one year in any public free school district shall go into the general school fund for re-division the next ytar. Provided, that any tax authorized by this section to be raised by Counties or school districts shall not exceed five mills on the dollar in any one year, and shall not be subject to re-division, as hereinbefore provided in this section. " This section clearly demonstrates that the framers of the Consti- tution committed the State to the free school principle. Going beyond the mere declaration of the principle, in this section, they laid down the lines along which the progression was to go. They left the legislature no opportunity to neglect, by reason of failure to provide ways and means, the free school system that they had insti- tuted and which was to be extended all over the State by the year 1876. They commanded that this general fund should be divided according to school population and that it should be expended for the equal benefit of all the people of the State. The only discretion left the general assembly was that it might decide upon the rate of the general tax to be levied for public free schools, and even this was limited by the provision that made it the duty of the legislature to levy at least one mill and denying it the power to levy more than five mills. As a supplementary measure, made in order to give scope to local interest and to facilitate development, Counties and free school dis- tricts were permitted to levy an additional tax for public free school purposes upon property not in excess of five mills on the dollar. It will be observed that the language employed to grant to Counties and free school districts the power of local taxation is permissive. The only limit placed upon this power was that its exercise should not involve a greater tax on property than five mills on the dollar. Being a right granted by the Constitution, it was entirely without the province of the legislature to interfere in any way with the local authorities in its exercise, further than to provide by law for the method to be followed. Any restriction upon local authorities greater than that contained in the Constitution itself was clearly an assumption of power on the part of the legislature and an invasion of the constitutional rights of the local authorities. If it were in the power of the legislature to forbid Counties and free school dis- tricts to tax the property within their confines at a greater rate than two mills on the dollar when the Constitution had provided that they might tax five mills, by parity of reasoning, the legislature could with equal reason have denied the Counties and free school districts the right to levy any tax at all. The legislature itself exists by virtue of the constitutional provision and when it undertakes to over-ride rights guaranteed in the fundamental law, it feeds upon its own vitals. I wish to call special attention to the fact that the Constitution instituted a State public free school system and intended that it should be inaugurated and supported by the imposition of a capita- tion tax and a tax upon the entire property within the confines of the State, and such funds as belong to the literary fund. Proof of this assertion is found in the fact that the State's part of the arrange- ment is made mandatory. The legislature must inaugurate the sys- tem not later than 1876 and it must support it by applying such funds as the Constitution provided and in the manner provided. It mattered not if the legislature did not approve of the plan, if it did its duty it must carry out the constitutional commands. The case is entirely different with the Counties and public free- school districts. Nowhere in the Constitution can it be found where there is any command that they shall do anything. It leaves the question entirely to their discretion, the only arbitrary feature being the inhibition that such local tax, if levied, shall not exceed a rate of five mills in one year. To grant one permission to do carries with it as a necessary corollary the right to refrain from doing ; therefore the Constitution, in leaving the matter of local taxation for public free school purposes to the discretion of the local authorities, left them free to do or not to do as they thought proper. Any act of the legislature to compel the local authorities to levy a tax or to for- bid them doing so was clearly in violation of the Constitution and an invasion of the rights of local government. The public free school system was founded upon the assumption that the education of the masses was good public policy and that all the people had a common interest in it, therefore it was the duty of the State to educate all. The first session of the general assembly under the Constitution passed an act which was approved July 11, 1870 (see acts 1869-70, page 407), designed to carry out the mandates of the Constitution. Section 14, 2nd sub-division? of this act provides : " The duties of each County Superintendent of schools shall be as follows, viz : To take the needful steps, under direction from the Superintendent of jPublic Instruction, to submit to the voters of each County the question 4 "whether the County shall raise additional sums by taxation therein for the support of the public free schools, not exceeding the amount of the appor- tionment from the State together with the allowance to the County Superin- tendent of the amount designated by the Board of Education, not exceeding the amount specified in the preceding sections: provided, that if upon any such proposition the votes for and against it shall be equal, the County Superintendent shall give the casting vote.'' This provision was repealed March 26, 1872 (see acts 1871-2, page 444). Section 24, 8th sub-division of the same act provided: " The duties of the boards of school trustees shall be: To prepare and submit to the voters of the district questions touching a tax on the property in the district, in order to provide school houses, school books for indigent children and other school appliances and current expenses, such as are pre- scribed by law. When practicable, these questions shall be submitted in connection with elections held for other purposes under the general election laws of the State ; but the polls may be opened for the same purpose at such other times and under such regulations as may be prescribed by the board of education. If in any case occurring under this act there should, on poll- ing the votes, prove to be an equal immber of votes on both sides, the Chair- man of the Board of District School Trustees shall give the casting vote." This provision was amended March 26, 1872, as follows : Duties of school trustees : " Within thirty days from the passage of this act, and on or before the fifteenth day of November in each year, to prepare and return to the presi- dent of the County School Board, to be by him laid before said board at its earliest meeting an estimate of the amount of money which will be needed in the district during the next scholastic year, for providing school-houses, school books for indigent children and other school appliances and neces- sary, proper and lawful expenses." The act of July 11, 1870 (acts 1869-70, page 415, section 57, latter part of the 3rd sub-division), further provided : "Provided, that no tax, to be raised by Counties or school districts for the support of the public free schools, shall in any case exceed five mills on the dollar in one year." Idem, Section 66 : " Public free schools shall, in like manner, be established in all the cities and towns of this State which are provided with a municipal government excluding the jurisdiction and cognizance of the authorities of the Counties within which such cities and towns are respectively situated. And the pro- vision of this act shall be applicable to such cities and towns in like manner as to the Counties, in respect to the officers and authorities to be charged with the execution of the law, their mode of apportionment, their function and responsibilities, the raising, distribution and collection, custody, appli- cation and disbursement of funds and in all particulars, except only in so far as the charters and ordinances of such cities and towns severally (being not contrary to the Constitution) shall otherwise provide." Acts 1870-71, page 405 (approved March 31, 1871). " Sec. 1. Be it enacted by the general assembly that public free schools shall be established in all the cities and towns of the Commonwealth, which are not embraced in whole or in part within the bounds of a township ; and the provisions of an act entitled an act to establish and maintain an uniform system of public free schools approved July 11, 1870, save as hereinafter pro- vided, shall be applicable to such cities and towns in like manner as to the Counties of the Commonwealth. " Sec. 8. The municipal authorities of any such town or city as described in Section 1, may in their discretion raise from time to time by tax on prop- erty as by law provided for defraying of the expenses of the municipal gov- ernment such sum or sums as thej^ may deem requisite for the support of the public schools therein : provided, that no tax thus levied on property for school purposes shall exceed three mills on a dollar in any one year, and that no annual capitation tax shall exceed fifty cents for all purposes." On March 26, 1872, Section 64 of the act of July 11, 1870, was amended so as to withdraw the power given to the Board of Educa- tion to direct a special assessment and collection of the school tax in any County or school district. On March 26, 1872, Section 57, 2nd sub-division of the act of July II, 1870, was amended making it the duty of supervisors to levy taxes for school purposes, 3rd sub-division reading : "Provided, that no tax levied by any County for public free school pur- poses therein prior to 1876, shall in any case exceed seven and a half cents in the hundred dollars upon the assessed value of the taxable property of any County and no tax to be levied by any school district for public free school purposes therein, prior to the year 1876, shall exceed seven and a half cents upon the assessed value of the property therein. '' (This act excepts Alexandria County, which, if three-fourths of those voting vote affirmatively, may tax fifty cents in the hundred dollars). Acts 1871-2, approved March 26, 1872, page 442. Idem; " 4th: It shall be the duty of said board of supervisors after care- fully considering such estimates, to levy a tax upon the property of the County, not exceeding the maximum prescribed in the third clause of Sec- lion 57 of this ^ct, sufficient to realize the amount recommended by the County school board in their estimate of County school purposes, or so much thereof as the board of supervisors may allow and to levy a tax upon the property of each township, for which an estimate shall be furnished, not exceeding the rate aforesaid, sufficient to realize the amount recommended by the County school board for school purposes, or such school districts or so much thereof as the board of supervisors may allow." "7th. Nothing in this act shall apply to cities and towns, the councils of which are authorized and required by law to provide for the support of public free schools therein." Acts 1871-2, Special Session, page 471, approved April 4, 1872 — State levies tax of one mill for public free schools — seemingly the first State levy for this purpose. Acts 1872-3, approved April i, '73, amending Section 57, act March 26, 1872: "Sec. 57. Provided that no tax levied by any county for public free school purposes therein, prior to the year 1876, shall in any case exceed ten cents in the hundred dollars upon the assessed value of the taxable propeity therein. Provided, however, that it shall be lawful for the board of trus- tees of any school district, or the County school board of the County, to include in their annual estimates for such school district and for the board of supervisors of the County to include in their levy for public free school purposes in said district any amount which, together with any county tax levied in such district for the purposes of public free schools of the County, shall not exceed twenty cents in the hundred dollars upon the taxable value of the property in said school district." Acts 1877-8, page 215, approved March 12, 1878. " Be it enacted by the General Assembly of Virginia. That the twentieth Section of Chapter 79 of the Code of Virginia, edition 1878, shall be amended and re-enacted so as to read as follows: " Sec. 20. It shall be the duty of the city or town council, and of every incorporated town of over five hundred inhabitants which has been created into a separate school district, to provide in due time, and it shall have no power to withhold the sum or sums reported by the city or town school boards, and declared to be necessary for the proper maintenance and growth of the public schools of the city or town, except the city of Richmond, the council of which said city shall have the discretion of the board of county supervisors: "Provided, That the council shall not be required to appropriate a sum greater than double the amount received from school funds of the State during the same scholastic year; but the council may, in its discretion, appropriate a larger sum, but it shall not have power to impose a tax on property for school purposes exceeding three mills on a dollar in any one year. " The foregoing acts are embodied in the Code of 1887, Section 833, 3rd sub-division. "The board of supervisors shall have power and it shall be their duty, at the meeting on the fourth Monday in July in each year, or as soon there- after as practicable, to levy tax upon the property in the county sufficient to raise the amount recommended by the County school board in their esti- mates for County school purposes, or so much thereof as- they may allow, and to levy tax upon the property in each school district, sufficient to raise the amount recommended by the county school board for district school purposes, or so much thereof as they may allow; but the tax so levied shall not exceed the maximum prescribed in the third sub-division of Section 1506." Acts 1895-96, page 274. Amending 8;^^ of the Code, omitting the part making it the duty of the board of supervisors to levy a tax on the fourth Monday in July, or as soon thereafter as practicable. Code, Sec. 1506, 3rd sub-division. " Providing that no county shall levy for free school purposes a tax in excess of ten cents on the hundred dollars, and that no district shall levy for the same purposes in excess of ten cents on the hundred dollars." Code 1540. " The city councils shall appropriate and have no jDower to withhold the sums reported by the city or town school boards; provided not greater than double the amount received in the same year from the State funds, but the council may appropriate a larger sum, but shall not impose a tax greater that three mills on a dollar; but the city of Richmond shall have the discretion of the boards of supervisors in similar cases." The foregoing is the evidence upon which I base the following deductions: ist. That the Constitution adopted July 6, 1869, and the act of July II, 1870, were the only legal enactments in Virginia that sub- scribed fully to the free school principle. 2nd. That all legislation since that time has been unfriendly to the public free school system required by the Constitution, and the legislature has done what it could to throttle and destroy it. ; 3rd. That the legislature has by unjust and unwise laws dis- criminated against the public free schools in the Counties and in favor of the towns. 4th. That the legislature has failed utterly to discharge the moral obligation that it was under to foster and support the free school system. 5th. That it wrongfully and in defiance of the Constitution and decisions of the Supreme Court denied local authorities the right to give the support that the legislature should have given. The Public Free School Principle. There are two forces upon which man must rely for all that goes to make up civilization. The one is physical ; the other is mental — the one matter, the other mind. The mind conceives, the hand executes. They are not independent, but correlative. The exercise of physical force without guidance is chaotic disturbance; it may destroy but never produces. Mental conception, unless applied to material objects, is only a day-dream that gives forth no tangible results. When mentality begins to guide the hand in order to increase skill and thus facilitate production, the line of differenti- ation between the man and the brute is established. The greater the mind force, the greater the production — because man as he rises above the state at which he is dependent upon the spontaneous productions for means of subsistence, learns to harness the forces of nature and compel them to assist him. This is the result of the effort of the mind to increase the effectiveness of labor and relieve the body of the necessity of unremitting manual toil. This effort is evidenced in all things when civilization is on an ascending scale. The constant effort of the individual is to improve methods ; to accomplish greater results with less physical force. The inventor is the machinist of society bending every energy to tighten the taps, to take up the slack, to lessen the loss of force. Anything that tends to develop the mind force is increasing the momentum that drives us on to the accomplishment of greater results. Education is the greatest factor in this development. When I say education I do not mean a process of cramming like that employed by the good house- wife to fatten a goose, but the unfolding, as it were, of the natural powers of mind, a training of the intellect to perceive and to remem- ber facts, to analyze and to classify them, to get knowledge and through it to get wisdom. In other words, in order to be considered education the process must be one that teaches the mind to perceive, to plan and the hand to execute and the heart to regulate the relations of men upon lines of equality and justice. Such edu- cation increases the power to know the true from the false. It increases the effectiveness of labor and raises the standard of morals. For these reasons, it is good public policy to educate. We are bound up in a social whole. We are all inter-dependent. A loss to one must necessarily re-act upon all the rest. There is no such thing as climbing by ourselves. We must carry the rest with us. This principle of fraternity underlies democratic government. Once destroy the common interest and rule by majority becomes impos- sible. Democracy recognizes this truth in asserting the principle of local government. It leaves to localities the power of governing things local, because, when the confines of the governing power exceeds the limit of the common interest, oppression results. Whether we view it from the point of intellectual development that applies the lever, bridges the stream, tunnels the mountains, harnesses the falling water and bridles the lightning, or from the point of political effect that insures wise counsels and worthy citizens, or from the still higher plane of moral perception, the evidence is equally conclusive that education is not only a high duty, but a necessity. Education is imperative if we would ascend, if we would place our State upon the pedestal of distinction that she once occupied, it behooves us to commit ourselves fully to the principle that all her citizens must be developed. Why should education be general.? Because the end to be obtained is the utmost development of mind force. If Virginia today has one need more imperative than all others, it is for men of brains and character in her workshops, in her factories, on her farms and in her government. When God dispensed with generous hand mental power, he did not place it all in any one family or class. He scattered it all through the social lump in order to leaven it. From the lowly walks of life, from the middle classes, from the bon ton, there come examples of mental and moral great- ness. America's greatness is due in no small measure to the unex- ampled opportunity that has been afforded brains to manifest them- selves. If, then, mind is in the mass, we must work the mass in order to develop it, just as the miner digs up tons of worthless material in order to bring out the valuable ores that lie beneath. In a country such as ours, where political policies must be passed upon by the populace, it is absolutely essential to high government that the people should be high themselves ; that they should in the high- lO est degree have the faculty of discrimination and judgment. There are great problems in front of us. We are now going through an evolution to which recorded history offers no parallel. The lamp of accumulated experience throws but little light on many of our most serious problems. We are being forced onward at an ever increasing rate of speed toward conditions which our forefathers would have thought impossible. We must meet these conditions. We must prove ourselves equal to the duty of our age. We must hand down to them who come after us a civilization projected along lines of right and reason, or one marred by ignorance and incompetency. If we develop the people the first will result; if not, the latter becomes inevitable. For these reasons education becomes impera- tive. It is a duty that none who loves the State, none whose heart is fired with zeal for the common welfare, will neglect. The danger is not that we will do too much, but that we will do too little. The unit so far as Virginia goes is the whole State. Her duty extends all over her territory. If ignorance makes life and property less safe, it is the concern of all. If increased intelligence increases the productive power of the people, vouchsafes greater security and happiness, it likewise becomes a subject of general importance and interest. The common interest existing, democratic government can well undertake to carry out the task of educating the masses. The government, the servant of the people, ofters the most effective agency for discharging this obligation. This being true, it becomes the duty of each to sustain the movement in the measure that he possesses property. Tax the rich and the poor with even hand, and spread the benefit according to school population. The public free school principle requires that the property of the State shall educate the children of the State; that all localities shall be taxed at an even rate and the money expended according to the number of school children. What matters it if one county is rich and another poor. If educa- tion is the end to be attained, is it not quite as material to the State that the mind force of the poor district shall be developed as well as that of the rich district } The mind wherever found, in the valley or on the hilltop, in the mountains or on the sea-shore, must be brought under the benign influence of training and development. There are some who charge that a general tax for schools is unjust to the richer communities. If this is true, then the whole principle is wrong and ought to be discarded, because if it is wrong to tax the rich district to help educate the poor district, by parity of reasoning, it is unjust to tax the rich to educate the poor. Identically the same principle is relied upon in both cases. Believing unreservedly in the free school principle, I believe that it should be a county tax rather than a district tax, and a State tax rather than a county tax. Why? Because it is senseless to say that mind force can be as well developed when the rich district confines its taxes to its own confines, leaving the poor district without the means to carry on its schools as when the levy is uniformly laid over both the rich and the poor districts and the expenditure is made according to the number of children. Is it nothing to the State that the children who chanced to be born in the poor districts are deprived of the opportunity to develop the mind that God has given ? There can be no wise government that develops one part of its people and leaves the rest under the pall of ignorance. Such government is unjust and unworthy of the patriotic esteem of its people. Ignorance is the arch enemy and it behooves us to chase it out of our State so that intelligence, like a beacon light, may throw its effulgent rays from every hilltop in Old Virginia to guide the feet of her sons and daughters safely in the paths that lead to a higher plane than they have yet occupied. These are the principles upon which the public free school system was founded. The Underwood Constitution, abused and condemned as it has been, has this to redeem it. It, and the law enacted July II, 1870, are all that our law books show as being in consonance with it. Every act since that time has been against the free school. If the legislature had believed in the public free school system; would it have withheld from the State system that support which it was under every obligation to give.? With the exception of a maximum appropriation of two hundred thousand dollars per annum, the legis- lature has never done anything toward the support of the system except that which the Constitution made mandatory. To say that the legislatures since 1870 were friendly to the free school, when they have stood supinely by and witnessed its struggles almost to the point of extinction, without giving support, is hardly credible. The Constitution and the act of July 11, 1870 putting it into effect were hardly from the printer before the legislature began its restrictive work. Like vandals, it proceeded to tear down and demolish the structure. , 12 1. The act of March 31, 1871, denied the cities the right to levy a greater tax than three mills. 2. The act of March 26, 1872, denied the people the right to vote on the question of levying taxes for schools. It limited the right of the counties and districts to levy a tax to one and one-half mills until 1876. 3. The act of April i, 1873, raised the limit for counties and districts to two mills prior to 1876. 4. When the Code of 1873 was adopted it perpetuated this wrong. 5. Act 1895-96 amends 833 of the Code so as to eliminate the clause making it the duty of the supervisors to levy taxes for school purposes. 6. In the year of grace 1903, the revision committee composed, as I have been informed, of able lawyers and distinguished citizens, made recommendation restoring the right of local authorities to levy a tax for schools not to exceed the constitutional limit of five mills, but in doing so, transcended, I think, their constitutional power in providing that local authorities should levy a tax not less than three- fourths of a mill for counties and three-fourths of a mill for districts and provided a rather cumbersome method by which the people should decide by vote whether an excess of one mill should be levied after the board of supervisors had levied a rate of four mills. Along with this legislation, there was passed an act (Acts 1903, p. 798, approved December 28, 1903) re-enacting sections 1490 and 1491 of the Code, the first providing that no State or county funds should be paid the districts until they had made proper provision for school houses, apparatus, etc. The latter containing the astounding proposi- tion that no State money shall be paid for a public free school in any school district until there is filed with the division superintendent a written statement signed by the chairman and clerk of the board of district trustees, certifying that the school has been kept in operation for five months during the current year, or that arrangements have been made that will secure the keeping of it in operation for that length of time. Provided that in case of the unavoidable discontin- uance of a school before the expiration of the time required, the State Board of Education shall be allowed to relax the requirements of this Section and to decide the case on its merits. Such proposi- tion is simply monstrous; if put into effect will close not less than ^3 90 per cent, of the county schools of the State. It is a vital thrust at the free school system and places in the hands of the State Board of Education a power as absolute as that of a Czar. The total school fund of the State is something over two million dollars. The local fund is approximately one million dollars. The school term in the State is about six months; this includes the cities which run from nine to ten months, The average in the county is hardly five months. Now under this law the local authorities must run the schools, or provide for running them as long as is now done before they can get one cent of the State fund. Where they will get the funds to do this, I have no idea. The practical effect of this law will be to close nearly all the schools of the State, or to make of the district boards prevaricators beside whom Munchausen and even Ananias would appear as clumsy novices. The Governor's suggestion that the chil- dren of the Commonwealth should have a session of nine months is good. I heartily endorse it, but his suggestion that the maximum tax rate allowed by the Constitution be enacted does not furnish a practical method of reaching the desired end. If he refers to the State tax rate, I will say that this rate cannot be raised until after 1907, hence nothing can come from this source to lengthen the ses- sion. If he refers to the local tax, I will say that such procedure would result in raising the most money where the least need exists. . The cities and rich districts already have sufficient sums to operate the free schools, whereas in the poor districts the value of property is not sufficiently large to yield at a reasonable rate the amount necessary to run the schools. If the deep importance of the subject did not make it imperative, I would like to leave unsaid the characterization of the whole pro- cedure, but when I think of the three hundred and fifty thousand white children of this State who are being fitted for a state of per- petual serfdom; when I remember that those who would come to us and help develop the resources of our State are kept from us on this account ; when I consider that Old Virginia is slowly sinking in the scale and is gradually losing that prestige and honor she once enjoyed among her sister States, I feel that I would be a renegade, faithless to the high trust that Virginia citizenship imposes upon me, if I did not denounce the conduct of the legislatures of the past thirty years as the greatest wrong in her political history — the days of recon- 14 struction not excepted. We might excuse with more compliment to morals than intellect the legislature's failure to give the State system adequate support, but what can be said in extenuation of its offence in tying the hands of the local authorities and the abuse of power that enabled them to pass statutes limiting the local rate to two mills when the Constitution had granted the local authorities the power to tax five mills in terms so plain that a man, though a fool, might run and read and not err therein. The highest tribunal in your State has twice spoken in unequivocal terms on this subject. Rob- ertson vs. Preston, 97 Va., 286, June 29, '99, after citing Art. 8, Sec. 8 of the Constitution, the Court says: "That section of the Constitution confers upon each county the right to levy a tax upon property for the public free schools, which the General Assembly has not power to take from it." Supervisors Washington County vs. Saltville Land Co., September 12, 1901, 99 Va., 645, says: "The levy of a school tax is manifestly for a county purpose. It is made BO by the Constitution and the right of the county to impose the tax being derived from the Constitution, cannot be taken away by the General Assembly." The act of throttling the free school system by putting fetters upon the local authorities may have proceeded from ignorance, and therefore involved no moral turpitude, but with these decisions staring one in the face, a continuation would involve open enmity to public free schools and an utter disregard for the Constitution of the State. The legislature restricted the counties and districts to two mills and at the same time permitted cities and towns to levy three mills. Act March 12, 1878 compelled the councils of towns within the limit of double the amount of the State funds to give the school boards what they demanded, but left the council free to appropriate as much as they pleased of the cities' funds, provided they did not levy a greater tax than three mills on property. Doubtless, this difference arose, not out of any desire on the part of the legislature to foster schools, but from a demand coming from the cities themselves that they should be permitted to do that which was for their good. It should be remembered, too, that the limitations upon the council's right to tax, did not fall so heavily upon cities because they have large incomes 15 other than those derived by tax on property, out of which the coun- cils could make the necessary appropriations. For this reason the city schools have been developed and the entire force of the legisla- ture's restrictive, not to say destructive, policy has fallen upon the county schools. The results are shown (from figures obtained from the State Superintendent's report of 1898-99 in connection with figures furnished the Richmond Times by the Department of Educa- tion on Dec. i8th, 1901) as follows: Total school population of the State 665,865 " " " in cities 81,889 " " in counties 583,976 Local revenue from cities $366,111.69 :: " ". "dSS; '2'ifi} • ; ^'^^'-0^ Amount local revenue per capita of school population in cities 4.47 " " " " " " " " " counties .96 Which shows that each child in the cities has nearly five times the amount of local funds expended for its education that falls to the share of the child in the country. Is it any wonder that men and women are leaving the country, where they might be producers of wealth, in order that their children may be saved from ignorance ? Many have told me that they preferred to live on the farm, but they felt that it was a duty to bring their children where they might receive the benefit of decent schools. Can Virginia afford to depopulate her country districts of all who have aspiration and ambition, leaving only the more thriftless to sink deeper each year into the slough of Despond ? The Superintendent of Public Instruction in his report of 1 900-1 901, utters a wail over the rural schools and says: "It is a lamentable fact that in some counties of the State the public schools are not meeting the reasonable expectations and demands of our people for educational opportunities for their children. Some of the school houses are unfit for human habitation, the school term is so short that the children forget almost as much during the long vacation as they learn during the short school term, and the teachers are in many instances inadequately prepared and still more inadequately paid. " He gives a faithful description of the symptoms which would have been still more correctly drawn if he had added that in many localities the average of education is lower today than it was fifteen years ago, and that thousands after thirty years' existence of the i6 so-called public free school, could neither read nor write their own names, if their lives depended upon it. He attributes it all to an "insane desire" to multiply schools, and recommends consolida- tion, against which I have nothing to say. I believe in consolida- tion and transportation of pupils; it should be done, but the Super- intendent did not go deep enough to reach the seat of the disease. If his diagnosis were correct, that "insane desire" would affect all parts of the country alike. Observation teaches me that it only affects the poorer districts. In the richer districts, where there is property enough for the limited tax to yield a sufficient sum to oper- ate the schools, they have longer terms, better houses and less of the "insane desire," while in the poorer districts where the amount of the property is too small for the low tax rate to yield a sufficient sum to run the schools, there are houses "unfit for human habita- tion," little education and much "insane desire." That "insane desire " is the most healthy feature of the whole miserable business. It indicates that the people realize that they are being dragged down and they are blindly striking out to save their children from an impending fate. Give them light, show them the cause of their trouble, and unless I underrate them, they will see to it that the wrong is righted, even if they have to empty every seat in the Gen- eral Assembly to do so. Let us glance for a moment at the results of the oppressive policy pursued by the General Assembly. In the eighteen cities and towns of the State the school population is 81,889, Composed of whites 45,161 " " negroes 36,728 from which it will be seen that forty-five per cent, of the school pop- ulation in cities are negroes. In the counties the negroes are less than forty per cent. From this we see that the three hundred and fifty thousand white children of the counties of the State have about one-fifth as much per capita of local funds as the thirty-six thousand negroes of the cities. To be exact, the town negroes have $4-47 each, while the country white children have only .96 each. Admit- ting, hypothetically, that the State should educate the negro, that she should give him all that she gives the whites, how in the name of Justice can a system be justified that gives the negro five times as much as it arives the great mass of the whites of the State ? I can 17 remember when the cry was what shall be done to educate and develop the negro? I appeal now to the people of Virginia to do something to raise the three hundred and fifty thousand white chil- dren of the counties of this State to the level, in point of education, of these thirty-six thousand negroes of the cities. Can we as white men afford to continue a policy that is educating a large body of negroes far beyond the masses of our people ? If you believe in negro elevation, would you crush the hopes of a superior and proud people in order that the inferior might rise ? Are you willing to sink your own kith and kin into the depths of degradation, in order to carry out a theory that has been thrust upon us, and one which, if carried to its logical conclusion, must result in the damnation of Anglo-Saxon civilization in the South ? I think the time has passed for circumlocution and dissembling. We must meet the issue openly and frankly. Whatever we may undertake to do, whether in social, commercial or political sphere, this old man of the sea, the negro problem, comes up to vex us. We have trifled with it too long. It is coming on by a steady evo- lution to a point of settlement. The issue must finally be met; the lines must be sharply drawn. There are two sides to this question; to affirm the one is to deny the other. I will state, first, the doc- trine of nearly all negroes and most whites who have never been in contact with the negro. This theory pre-supposes a common origin and admits the existence of the fraternal interest that brothers should feel in each other. It makes mankind the social unit. It claims that the common interest exists between all races and conditions; that there is no difference between men except the differences exist- ing between individuals on account of difference in physical, moral and mental attainments. The idea of racial difference is repugnant to this theory. Its advocates contend that if we came from a com- mon source, then i1 is a crime to attempt to prevent the return to .that fraternal condition that first existed. They claim that any dis- crimination against any race is an injustice that must necessarily be followed by retribution in some form. Under this theory, different races may meet upon a common plane, they may be equal indus- trially, politically and socially. To admit equality in any one of these tiecessarily concedes it in the rest. If there is no difference between the negro and the white, industrially, then all avenues of effort must be kept open to both alike, so that each will have an unabridged opportunity to exert his powers in the particular voca- tion for which nature and training have fitted him. If once we con- cede that there should be industrial equality between the negro and the white man, the test between individuals comes down to indi- vidual fitness. This means that if two apply for a clerkship, the one white, the other black, the more efficient should be accepted. If two doctors offer their services, the more proficient should have the work. If the preacher, lawyer, merchant, miller, is to be selected, the better qualified shall be chosen. If, then, there is to be indus- trial equality and government follows as an agent of these people who in their every-day life are equals, surely all should be upon the same footing in the selection of the men and the measures that are to be employed in carrying out the scheme of public service. Indus- trial equality then necessarily means political equality. The same reason that places the negro on equality with the white man in indus- trial affairs, demands that he shall be accorded the same opportunity to display his capacity in government. If equality exists in the one, it is absurd to claim that it does not exist in the other. There are a great many white men in the South who are either unwise or insin- cere enough to hold out the idea that the elevation of the negro and enjoyment of political equality will come through moral and intel- lectual development, and in the same breath will tell the negro that there must never be anything looking toward social equality. Such position is absolutely absurd. When the negro has reached indus- trial equality, political equality comes as an inevitable consequence. When he has reached industrial and political equality, social equality can no more be kept from him than we can prevent two and two making four. This is necessarily true because it follows as an effect. The cause may be found in the admission, when we granted indus- trial equality, that there was no difference between men so far as race and color go, and that each individual must be judged according to his individual capacity and fitness. When the negro proves himself the best merchant, we, should patronize him. When he shows him- self to be the wisest statesman we should elect him. Upon what grounds then would you deny him the social relation if he were in every sense your equal and there was nothing in his morals, his intel- lect and philosophy which in a white man would be objectionable to 19 you ? If then you admitted him to enter into social relations with you and there happened to be an affinity between your daughter and the negro, upon what grounds consistent with your theory could you deny them the right to marry ? If this doctrine is right, then indus- trial, political and social equality are right, and any deprivation of the negro of the full benefit of the public free school, or of the opportunity to enter into any calling, profession or employment for which he shows himself competent, is a crime in the sight of God. Under this theory he is a citizen of this country and entitled to all the rights, privileges and immunities that it affords. I believe this doctrine to be totally and absolutely unsound. I deny its sound- ness and I refuse to accept its teachings even when given in infini- tesimal doses. Do not let us be deceived. This theory is not dead; it has changed its method, but in substance it is the same now that it was when it engrafted the 15th Amendment to the Constitution of the United States and inaugurated the horrors of reconstruction. It is being more scientifically managed. This doctrine, headed by Mr. Robert C. Ogden of New York, is being quietly and scientifically propagated. Its advocates do not tell you the result; they can well afford to wait for that. They know that when they can get you to agree to add two to two they will have four. If they told you the effect you would not do it. I do not question their motives. I am perfectly willing to concede them the samiC integrity of purpose that I claim for myself, but denying in toto their premises, I regard them as the most important agencies in the dissemination of a doctrine that in the end must result in serious race troubles in our country. In an interview on December 30, 1903, Mr. Ogden, speaking of the effort to have congress see to it that the negro's franchise in the South was respected, says: " 5th. It will retard and hinder the further progress of the sober public opinion of the best South in the effort to secure justice for the negro. The issue needs academic, not partizan discussion; national, not sectional con- sideration; practical, not abstract action; constructive, not destructive treat- ment. The Southern States should be put upon their honor to enforce hon- estly their own franchise laws. Tiiaae for this has not lapsed. If, after fair, deliberate opportunity, the trial results in failure, then consider the remedy afforded by the 14th and 15th Amendments to the Constitution with both of which I cordially agree." 20 There you have it. The cat is out of the bag. Mr. Ogden would not try heroic methods. He would by gentler and slower methods lead us up to that higher plane upon which he stands and have us look upon the so-called problem through an atmosphere so clear that one cannot tell the difference between a negro and white man; but with a veiled threat he tells his friends that should his missionary efforts fail, then they might consider the proposition of doing by harsher methods that which he had failed to do by gentler means. It is my conviction that there is more danger in the little finger of Mr. Ogden's philosophy than in the combined weight of all the scalawags and carpet-baggers who ever attempted to force political equality upon a prostrate South! It is the insidious evil that slowly creeps upon a people that in the end will produce the most harm. Against Mr. Ogden I have nothing to say. That his purpose is high, that his motive is good, I will readily admit; but that his theory is wrong and will result in untold harm, I have not the slightest doubt. Look at it as you will, the end of it is bad. One of two things must eventuate: either the races will become one by miscegenation or they • will be developed to that intensity of antagonism where conflict between them will become inevitable. There is a philosophy, rational, in accord with natural law, which I will proceed now to consider: We are all the products of nature. Why she made us as we are, or even made us at all, may be involved in more or less mystery. One thing is clearly established, and that is that there are distinct races of men just as there are distinct races of animals. The zoolo- gist tells us that there is a genus known as the felis which embraces the lion, tiger, leopard, panther and cat. These are all classed as of the same family, but each is of a separate and distinct species. In point of fact, they are separate creations having certain things in common; they live upon the same character of food; they walk alike; they bear and nurse their young alike. In other respects they are totally different and each has implanted in it a racial instinct that insures the preservation of the integrity of the species. The animal trainer who puts only lions or tigers or leopards in the same cage has no difficulty in preserving the peace; but he who dares to mix all these different species in one enclosure will raise pandemo- nium. Man belongs to the genus, animal; he is a species. This in no wise establishes a fraternal interest between him and the tiger. Considering man as the genus, each race becomes a species, but this in no sense establishes a fraternal bond between them. If the mere fact of belonging to the animal creation makes man a family relation of all brutes, then all species of men are bound up in a social unit, otherwise, not. Each separate race is a species of the genus homo, and there is no 'more relation between them than exists between the lion and the tiger. This being true, they can never act together in harmony. The very nature of their being prevents it. They were destined to walk separate paths. There does not exist between them that common interest, that fraternal relation upon which democratic government depends for its reason of existence. When these races come in contact, it becomes a question of force and even justice becomes relative. We have displayed less wisdom than the animal trainer. We have tried to put the white man and the negro in the same cage. We have tried to spread the democratic canopy over them both, but it is too small. Between these races the wall of race instinct, antagonism or prejudice if you please, rises to giddy heights through which there is only one possible escape, and that is miscege- nation, which would mean the destruction of the white race of the South. I ask you to point me, in all the history that runs from the present back to Adam, a single instance where any race has ever amalgamated with the African and made a people who showed capacity for self-government, or had the inherent power of develop- ing a civilization. Why continue the farce of attempting uniform government when we have not the essentials upon which to found it.? If all the laws in Christendom said that all men should have blue eyes and straight hair, or that all should have kinky hair and flat noses, it would not be true. If we fill our law books with con- stitutions and statutes in violation of natural law, they will be about as effective as Dame Partington's effort to sweep out the ocean. Thirty odd years ago our law-making power decreed that the negro and the white man were political equals. Not for a single day has this been true. Today he has less political power than he had then. A century from now, if he stays in this country, he will have less than he has today. We have spent millions educating him along the present line and today he is far less useful than when we started. The stability of all things depends upon service. When anything becomes useless it must give way. The negro has degen- erated until today he is looked upon with suspicion. Confidence in his trustworthiness is shaken. Continue this process and it will be only a question of time when a settlement of the trouble will come, but it will be of such character as will be discreditable to both races. To continue the practice of educating the negro along lines where the doors of opportunity are closed to him is positively cruel. It is sharpening the nerves in order that pain may be more excruciating. If the negro is to stay in the South, he must learn to work ; he must be moral and useful; the plain duty of the State is to teach him to use his hands; to train him to work. He should be educated indus- trially along the lines that are open to him; the State should not under- take to qualify the negro to fill places that he has no chance what- ever to get. In my judgment a large percentage of the State money spent for negro education should go to industrial schools for him; this would make him more useful to the State and have a tendency to promote his happiness and contentment. Our present method of educating the negro has driven him from the whites, no longer does that friendly feeling exist, the future is dark and gloomy. ■ Nature is calling in no uncertain tones for the separation of the two faces and later her call must be obeyed. God help us to find a reasonable way that the changes may occur with the least possible harm to both races. Our educational policy has been to destroy the usefulness of the negro; to make him unfit for the avenues that are open to him; to make him unhappy and discontented, with less respect for law and hence a more dangerous element in the State. There has never been a day that the people of the South believed in the course we have been pursuing; they never would have authorized it if left free to choose. They had thrust upon them a governmental policy in which they had no faith, and after thirty years' trial it has proven a failure. This policy has rendered the negro unhappy and the public unsafe. It is not enough to show that some negroes have been improved, or that the race as a whole has been developed intellectu- ally for this only goes to prove that as intellectual progress takes place the races are driven farther apart and the negro, instead of being a more useful element, becomes a source of endless irritation and danger. Thirty years ago none feared to leave his home unpro- 23 tected, but today there exists an increasing feeling of insecurity. If the people of Virginia believe in the doctrine of equality between the races, then let us in good faith proceed to educate all the people alike; let us throw all the doors of opportunity open to the man regardless of race. To educate and then to shut the door of hope is to use the State as an agency in the production of a dangerous and criminal class. If, on the other hand, we believe that equality is impossible, that race distinction should exist, then why injure the white man and ruin the negro ? The money that we have spent on the negro is nothing compared to the loss we have sustained in morals. Politically we have been treading the downward path. Our public conscience has been violated and our sense of honor made dull. What I want is to be free and to see our people free. I see but one way to reach this freedom and that is by seeing things in their true light; by subscribing to the true philosophy and keeping well within the lines of the law that nature has laid down, over which none may go and escape punishment. I am not willing to see Vir- ginia continue with the millstone of equality and uniformity tied about her neck. I would unhand her, leaving her free to develop along the lines of the philosophy of her people. I would break her shackles and turn her loose and they who differ from us have the option of continumg a policy that failed with us. It is usual to expect wisdom where men have been in closest touch with the con- dition, but in all the world the men who know best how to regulate the relations between the races along the lines of equality are those who have seen the least of it. In England the white man and the black man are the same. In Australia and Africa they are not. In the North they are brethren. In the South one is a negro and the other is a white man. Let us deal with this subject as we know it rather than as those who do not know it think it ought to be. The unfortunate attempt that Virginia has made to maintain uniform treatment has resulted in more damage to the whites than to the blacks. In the efforts of the legislature to do as little as possible fo^ negro education in the counties, it has brought the whites down far lower in point of education than the negroes of the cities. I appeal to all who believe in the education and development of the children of this State along the lines of utility to come out firm for this principle and be ready to give battle for the cause that under- 24 lies the future greatness of our State. It is not so much that I would change opinions, but I would break up the attitude that the legislature has assumed since 1870, pretending friendship to a uniform system of public schools, while their acts prove conclusively one of two things: either they never arose to a just comprehension of the principles involved, or they designedly tried to violate them. It is one thing to tear down. It is quite another to re-build upon the foundation laid bare. Clearly the first thing to be done is to take the hand of the legislature from the throat of the public free school system, leaving the local authorities the constitutional right to tax property for public free school purposes to the extent of five mills on the dollar. The next step is to give the State free school system such State support as may be just and proper. The necessity of this is apparent to any one who understands the situation and who is a believer in the free school principle. The wealth of the State is fast being centralized in the cities. At present the eighteen cities of the State own over forty per cent, of the wealth of the State. The cities have only about thirteen per cent, of the school children of the State; hence the counties of the State with less than sixty per cent, of the wealth are compelled to educate eighty-seven per cent, of the children. If local taxation is relied upon, it is manifest that in poor districts there will not be sufficient funds to educate the children. If, however, the tax is general, it reaches all property and in time reaches all children thus conforming fully to the free school principle that the property 0/ the State shall educate the children of the Stale. This would logically lead to the proposition of raising the State rate of taxation for public free schools, but against this course there are objections which need be considered. The first objection is that such action, before 1907, would be unconstitutional. Second, the raising the rate on property for school purposes would bring the money so derived within the funds, disposition of which must be made under Section 135 of the Constitution. This Section provides that the interest on the literary fund, the State capitation tax and the annual tax on property for schools, not less than one nor more than five mills, shall be devoted to the schools of the primary and grammar grades for the equal ben- efit of all the people of the State. I am strongly inclined to believe that better results would follow 25 if the legislature were to make a special appropriation for primary schools, providing that the division among the counties and cities should be upon the basis of school population, but leaving to the local school authorities the discretion of expending it for such pri- mary schools as, in their judgment, might be for the public good. The advantage to be derived from such provision vi^ould be that the white people of Virginia, if they thought best, could use this fund for the education of the white children of the counties until they had been given the same advantages now given the negro children in the cities. 26 The Remedy and How to Apply it. At the next session of the General Assembly I will offer a Bill to appropriate five hundred thousand dollars per annum for the aid and maintenance of primary schools. This money shall be distributed over the State according to school population, but the local school authorities shall be empowered to apply this fund to such class of primary schools as in their judgment may be for the public good; and it shall be further provided that the funds shall be uniformly applied to such class of primary schools as they may select. This only involves a new appropriation of three hundred thousand dollars per annum since in the five hundred thousand I propose to include the two hundred thousand that is at present appropriated and put into the general school fund. In a country governed by the people nothing of lasting importance can be eff"ected unless it reflects the popular will, therefore it becomes the duty of the citizens to stand for measures that they believe will advance the public good. If you believe that I am right in my contention, give it your support. If you agree with me, see to it that- every man who off'ers for election takes position on this question. Make him declare himself and then vote for or against him as your deliberate judgment may dictate. In my judgment, your decision involves more than is at first appar- ent. In the final analysis it means freedom and development, or retrogression and peonage for the masses. For which do you stand.? I have refrained from introducing into this question any partizan consideration. It rises above party politics into the realm of State policy. The political parties in Virginia for many years have stood for little and have accomplished less. Let our fight now be for measures, for the principles that mean something. Let the patriotic men of Virginia come to the aid of the old mother in her hour of need. Let them take hold of the helm and steer the ship through the dangerous waters. We are awakening from a long and restless sleep in which hideous nightmares have palsied our hands and enfeebled our minds, but the rays of light are growing stronger and the day dawn comes apace. Let us, like men of old, rise to the occasion and demonstrate again that when Virginia calls for brain and brawn she never calls in vain. LIBRARY OF CONGRESS 021 468 803 7