The law was modified in the Constitution of 1790 so as to read: (1) "The Legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the State in such manner that the poor may be taught gratis.

(2) "The arts and sciences shall be promoted in one or more seminaries of learning."1

These two sections were repeated word for word in the Constitution adopted in 1838.

These principles, formulated in the Constitutions of the Commonwealth, have led to a distinctive policy in state education.

The early colleges were endowed with a view to furnish teachers for the lower grade of schools. In a general sense this was the right view to take, for the higher educational institutions do determine the character of the lower; but in a special sense the higher institutions may not fit a person for the profession of teaching. Moreover, if the higher institutions react upon the lower, it is also true that the latter are necessary for efficient work in the former. The circle of education must be complete to ensure success. As Mr. Stevens well says, in his plea for free schools before the General Assembly in 1838, "Nor does it seem possible to separate the higher from the lower branches of education without injuring, if not paralyzing, the prosperity of both. They are as mutually dependent and necessary to each other's existence and prosperity as are the ocean and the streams by which it is supplied. For while the ocean supplies the quickening principles of the springs, they in turn pour their united tribute to the common reservoir, thus mutually replenishing each other." 2

The bill that Mr. Stevens advocated at this session was passed in 1838, and was to remain in force for ten years. The clause pertaining to higher education is as follows: "To each university and college now incorporated, or which may be incorporated by the legislature, and maintaining at least four professors, and instructing constantly at least one hundred students, one thousand dollars; to each Academy and Female Seminary, now incorporated, or which may be incorporated by the legislature, maintaining one or more teachers, capable of giving instruction in the Greek and Roman classics, mathematics, and English, or English and German literature, and in which fifteen pupils shall constantly be taught in either or all of the branches aforesaid, three hundred dollars; to each of said Academies and Female Seminaries, where at least twenty-five pupils are taught as aforesaid, four hundred dollars; and each of said Academies and Female Seminaries, having at least two teachers and in which forty or more pupils are constantly taught as aforesaid, five hundred dollars."3

The establishment of academies and seminaries was the direct result of the ideas entertained by Penn in his Frame of Government for the

1 Constitution of 1790, Art. VII, secs. 1 and 2. 'Quoted in Wickersham, 337.

3 Laws of 1837-38, 333.

colonies. There was an attempt after the law of 1776, and especially after the law of 1790, to create a high school in every county in the State. This effort was continued in the law of 1838 to build a system of higher education throughout the Commonwealth.

These efforts failed to accomplish the desired end, probably because there was no basis of common school education. Each institution granted aid by the State obligated itself to instruct a certain number of poor children gratis, and this was the extent of the preparation for higher work. Moreover, many of the institutions were called into existence without sufficient support and their life was evanescent. There was no central power to control the location of schools, except the Legislature, and this was controlled by sectional interests.

The law of 1838 held in full force for six years, and then reduced the amount to one-half; but it was finally abandoned altogether, and thus ended the general legislation for colleges, academies, and universities.

Special legislation afterwards aided individual institutions, but the great work of the State was now directed to the establishment of a common school system, and subsequently a normal school system.

The normal schools have performed in part what it was designed that the academies, colleges, and seminaries of early endowment should accomplish.

THE UNIVERSITY OF PENNSYLVANIA.

It is interesting to know that the school which was established through the efforts of Benjamin Franklin finally developed into the University of Pennsylvania, and that the school itself was a fitting survival of the "grammar school instituted by William Penn in 1697.” 1

There is a direct continuity of development of the idea of higher education, and whereas these institutions were different in organization, Penn's Grammar School, the Friends' Public School, Franklin's Academy, and the University of Pennsylvania represent one institution in its different phases of development. As early as 1743,2 Benjamin Franklin drew up an elaborate plan for an academy, but the excitement of the provincial war immediately following prevented its maturity. But in 17493 Franklin again took up the subject, and to interest the public published an essay on "Proposals relative to the Education of Youth in Pennsylvania." His plans were complete, and provided for an academy with elementary schools attached. Among other subjects proposed to be taught we find history, politics, ancient customs, and English. Greek, Latin, and modern languages were, to use a modern term, to be elective.

As a result of Franklin's efforts, a board of trustees was formed, of which he was president. The members of the board contributed the sum of two thousand pounds, or about $5,333.33. This subscription was increased by citizens of the town.1

In 1750 Franklin set forth his views as to the objects to be obtained, which are, in brief, as follows: (1) That youth may receive a "good education at home, and be under no necessity of going abroad for it;" (2) that persons may be prepared for civil offices; (3) that persons may be prepared to teach country schools; and (4) that it would be an advantage to trade to have such a school in Philadelphia.1 These views were embodied in a petition to the Common Council for aid. The council responded favorably and voted three hundred pounds (eight hundred dollars), and fifty pounds ($133.33) per annum for five years, and fifty pounds for each pupil sent to the academy from the charity school.

A charter was granted by the Provincial Assembly in 1753 under the title of the "Trustees of the Academy and Charitable School of the Province of Pennsylvania; " two years later the second act of incorporation changed the academy into a college. There was a charity school formed under the same board of control as that of the academy.

A boarding-house was erected in 1762 with the sum of two thousand pounds raised by means of a lottery. Subsequently several lotteries were formed, which yielded the school about six thousand pounds in all.2. Perhaps it ought to, be mentioned that the institution received with its first charter a donation of seven hundred pounds, and afterwards one of five hundred pounds, and that Thomas Penn gave it four thousand five hundred pounds, and seven thousand five hundred acres of land in Bucks County.3

The college continued to thrive, and, in 1765, what is now known as the medical department of the university was added, said to be the oldest of its kind in America.

In this connection it is, perhaps, well to mention that the first course of law lectures was given in 1790-91. This was the beginning of the first law school in the United States.

During the Revolution the college was greatly disturbed. In 1777 a body of American soldiers occupied the building, and in the latter part of the same year the institution was closed. As certain officers of the college had been under suspicion of disloyalty for some time an investigation was made, and the institution was deprived of its charter and property by an act of the Legislature passed in 1779.4 Almost immediately a new charter was granted under the name of the University of Pennsylvania, and with it an annual appropriation of one thousand five hundred pounds from the proceeds of certain confiscated estates. The university was formed under the act of the Constitution of 1776, which provided for "one or more universities." 6

In order to right the wrong that had been committed in depriving the old corporation of its charter it was re-instated in 1789, and subsequently the old college and the new university were united into one institution under the name of the "University of Pennsylvania."

1 Wickersham, 60.
2 Ibid., 376.

Ibid.

4 Laws, 1775-81 (Phila., 1782), 97.
5 Ibid., 250.

"Art. 44.

The first great contribution of the State in favor of higher education was made by the Legislature in the year 1779. The university was granted certain escheated lands estimated to be of the value of twentyfive thousand pounds, or $66,666.66. Nothing more was done for the university by the State except to grant three thousand dollars for a botanic garden in 1807,2 to exempt its real estate from taxation for fifteen years beginning in 1832,3 and to appropriate the sum of two hundred thousand dollars for the building of the university hospital in 1871.

It is safe to say that the university has received, from its earliest existence as an academy, pecuniary aid from the State amounting to $271,266.66, besides one thousand six hundred dollars raised by means of lotteries.

COLLEGES.

From the year 1783 to the year 1836 thirteen colleges were incorporated within the State. The first of these was Dickinson College at Carlisle, chartered in 1783. Three years after its incorporation it received a grant of ten thousand acres of land and five hundred pounds; in 1788 a lot of ground in Carlisle; the following year the privilege of raising two thousand dollars by lottery; in 1791, four thousand dollars and in 1795 five thousand dollars on condition that any number of students not exceeding ten should have free tuition in the common branches for a time not to exceed two years. In 1803 the State loaned the college six thousand dollars, and in 1806 four thousand dollars more, taking a mortgage on the college lands. In 1819 the State cancelled the debt, principal and interest, but bought back the lands for six thousand dollars in 1821, and in the same year made an appropriation of two thousand dollars per annum for five years. Subsequently, in 1826, the State granted three thousand dollars annually for seven years. Dickinson must have received from the legislative appropriations at least sixty thousand dollars besides the grants of land.

Franklin College, chartered in 1787, "received with its charter a grant of ten thousand acres of land in the western part of the State," a lot of land the following year in the town of Lancaster, and in 1819 a grant of four hundred and fifty-five acres.

The grants to Jefferson College, incorporated in 1802, are as follows: In 1806 three thousand dollars, on condition that four poor children should be educated free; and in 1821 the sum of one thousand dollars annually for five years; in 1826 one thousand dollars a year for four years; and in 1832 two thousand dollars a year for four years. This last appropriation was made on the condition that six students receive free tuition for four years, and after that twenty-four students be fitted for teaching in the common schools.

1 Wickersham, 377. (One pound equalled about $3.334.)

2 Afterward applied to general purposes (Laws of 1836–37, 39).

3 Laws of 1831-32, 517.

Washington College, incorporated in 1806, received from the State the sum of three thousand dollars in money and five thousand acres of land.. Between the years 1820 and 1835 the State donated at different times the sum of seventeen thousand dollars to this institution.

Allegheny College, located at Meadville, and incorporated in 1817, received with its charter two thousand dollars, and subsequently seventeen thousand dollars additional, prior to 1835.

The Western University at Allegheny, incorporated in 1819, received an appropriation from the State of two thousand four hundred dollars for five years beginning with 1826.

lars;

Lafayette College received in 1834 a grant of twelve thousand dolMadison College, in 1828, five thousand dollars; Pennsylvania College, in 1834, eighteen thousand dollars; Marshall College, in 1837, twelve thousand dollars.

From the State Superintendent's Report of 1838 the following is taken: "The colleges have already been tried as a means of supplying teachers, and with little success. Within the last eight years $48,500 have been given by the State to five of these institutions, principally on condition that they should instruct a certain number of persons (ninety-one) for teachers of English schools, annually for a specified time."1

In the year 1838 the Legislature passed an act granting to colleges, seminaries, and academies annual aid. The following is that part of the act pertaining to colleges: "To each University and College now incorporated, or which may be incorporated by the legislature, and maintaining at least four professors, and instructing constantly at least one hundred students, one thousand dollars." This law was to have been in force for ten years, but was repealed after the sixth year of its operation. During this time the sum of $46,615.50 was appropri ated, and this virtually ended State aid to colleges in Pennsylvania, if we except five thousand dollars given to the Polytechnic College and the appropriations to the State College.

ACADEMIES AND SEMINARIES.

The plan of the legislative authorities of Pennsylvania in regard to education seems to have been to provide universities, colleges, and seminaries of learning, that these might furnish teachers for the common schools. For forty years after the organization of the State government there were no laws enacted for the creation of a public school system. Nearly all of the educational legislation was in favor of academies and seminaries. During this period many acts were passed favoring these institutions, and nearly three hundred thousand dollars were spent in their aid. In 1833 there were two universities, eight colleges, and fifty academies, all of which had been liberally aided by the State.

1 Pennsylvania Education Report, 1838, 27.