tion OF Independence ā The Consitution of 1836 ā
The First Congress of the Republic ā Establishment
OF Schools ā The First Charter of the Republic to
Independence Academy ā The Act to Establish a
State University ā President Lamar's Message on
Education ā Area of the Republic ā Land Grants for
Educational Purposes ā Baylor University at Inde-
pendence ā School at San Augustine.
IT ]Sr presenting the progress of education in Texas, and
āJ Dr. R. C. Burleson's connection therewith, it is neces-
sary to mention some historical facts already referred
to. Since, however, an entirely new view is taken of these
facts this explanation is scarcely necessary.
The declaration of Independence promulgated at Wash-
ington-on-the-Brazos, March 2nd, 1836, was consummated on
the battlefield of San Jacinto, April 21st of that year. The
Burlesons and Byrds, paternal and maternal relatives of Dr.
R. C. Burleson bore a conspicuous part in that memorable bat-
tle, which may be placed with the decisive engagements in
history.
That document declared in connection with other griev-
ances, "that the Mexican government had failed to establish
a system of public education, although possessed of almost
boundless resources; and although it is an axiom in political
science that unless a people are educated, it is idle to expect a
continuance of civil liberty, or the capacity for self govern-
ment." To maintain these views the patriots engaged in
314 The Life axd AVkitixgs of
deadly strife, and successfullv established the principle as one
of the organic laws of the government.
It is notable that the framers of the document had fol-
loM'ed the expressions of the constitution of Coahuila and
Texas in fixing their attention upon the public domain, in-
stead of direct taxation in providing for public education.
The first congress of the Republic of Texas assembled in
Houston, October 1st, following under the constitution of
March 17, 1836. It was composed of men well qualified to
discharge the responsible duties delegated to them by the peo-
ple. Among them were experienced statesmen and jurist-?,
and these were sustained by a high order of cultivated and
native intellects, which assisted in framing the laws and pro-
viding for the permanent institutions of the country.
"The new^ constitution made it the dutv of the congres^i
of the republic, as soon as circumstances permitted, to pro-
vide by law a general system of education. Schools were soon
developed by the impetus of increased population, academies
and other educational institutions sought charters from the
government, and, as the public records show, as early as Juno
5, 1837, the President of the Republic, Sam Houston, ap-
proved "An Act to Incorporate the Trustees of Independence
Academy and the University of San Augustine," which were
separate institutions, but were embraced in the same act by the
first congress of the republic of Texas. The institutions were
located at Independence, in Washington county and at San
Augustine, in San Augustine county. The same day, June
5, President Houston approved ''An Act Incorporating thr.
Trustees of "Washington College to be located at or near the
town of Washington, on the Brazos River. These acts of in-
corporation provide in effect, as do nearly all the charters
granted by the republic, as well as by the State of Texas, for
educational institutions, that they shall be accessible to all
students without regard to religious or political opinions. Such
institutions were generally maintained by subscriptions to their
respective funds, or by tuition, or both, or in some way by
private enterprise. The amount of property which they were
to hold was generally expressed in the respective acts of in-
corporation, and the property was generally, but not always,
exempt from taxation. Very often, too, upon npplicntinn to
De. Rufus C. Buelesoi^. 315
the legislature, special acts were passed prohibiting the sale
of intoxicating liquors near the premises. Special qualifica-
tion was made as to the .1 iible in two instances ā one in an act
incorporating the "Texas Christian College/' to be located
where the largest subscription may induce, and providing that
^^the Bible may be fully taught, but no partisan, sectional,
sectarian, or denominational peculiarity shall be taught or en-
couraged in the college," and the other in an act incorporating
"McKenzie Male and Female College," in Red River county,
which provided that "the Bible may be publicly read and
used as a text-book."
The idea of projecting a University to be supported by
the government took shape in an act introduced in the con-
gress of the Republic, entitled "An Act to Establish the Uni-
versity of Texas," which, on April 13, 1838, was referred to a
special committee (page 7, "House Journal"), but, as far as the
records show, was not further considered during that session of
Congress.
In his message of December 20, 1838, to the third Con-
gress of the Republic, convened at Houston, President Lamar
thus expressed his views as to the importance of liberal landed
provision for the promotion of public education, while the
domain was ample for the purpose. "The present is a propi-
tious moment to lay the foundation of a great moral and in-
tellectual edifice, which will in after ages be hailed as the
chief ornament and blessing of Texas. A suitable appropria-
tion of lands to the purpose of general education can be made
at this time without inconvenience to the government or the
people; but defer it till the public domain shall have passed
from our hands, and the uneducated youths of Texas will con-
stitute the living monuments of our neglect and our remiss-
ness. A liberal endowment which will be adequate to the gen-
eral diffusion of a good rudimental education in every district
of the republic and to the establishment of a University where
the highest branches of science may be taught can now bo
effected, without the expenditure of a single dollar. Postpone
it a few years, and millions will be required to accomplish the
great design." (Lane's Educational System).
The area of the Republic was about 395,557 square miles,
without including the territorv afterward sold to the United
316 The Life asd Wkiti]\-gs of
States, which was 125,000 square miles. The Spanish, Mexi-
can and Colonial grants amounted to 25,000,000 acres. This,
exclusive of bays, lakes, etc., is about 167,865,600 acres of
land, of which Texas had the disposal of about 143,000,000
acres in 1836. Lamar's suggestion met with approval to the
extent, that the committee on education reported and recom-
mended the adoption of a bill entitled "An act, to appro-
priate certain lands for the purpose of establishing a general
system of education and proposing a grant of three leagues
(thirteen thousand two hundred and eighty-four acres j, of
the public domain to each county for establishing a primary
school or academy in the county; and authorizing the Presi-
dent of the republic to have surveyed from any of the vacant
domain twenty leagues of land, which were to be set apart
and appropriated for the establishment and endowment of two
colleges or universities, one in the eastern, and the other in the
western part of Texas.
The act passed with fifty leagues substituted for twenty
leagues, and was approved January 26, 1839. The same day
President Lamar approved an act establishing and incorporat-
ing the "'College of DeKalb" at DeKalb, in Ked Kiver county,
the act naming a board of "superintendents," exempted the
property of the college from taxation, and authorized the board
in addition to selecting teachers and providing for the educa-
tional and financial management of the school," to suppress
and abate nuisances within half a mile in any direction from
the premises," and to levy and exact a fine of from twenty-
five to one hundred dollars from all retailers of spirituous
liquors sold within the prescribed limits. The Congress also
granted four leagues of land in fee simple for buildings and
apparatus, and ''for the promotion of arts, literature and
science. An act of 1840 "Establishing Eutersville College,"
made similar provisions to the preceding.
The first effort of the government for promoting public
free schools in the counties was an act of February 5, 1840,
"In relation to common schools and academies and to provide
for securing the lands formerly appropriated for purposes of
education." It made the chief justice and two associate
justices (then existing officers) of each county, ex officio a
board of school commissioners, with full power in their re
Dr. Edfus C. Bueleson. . 317
spective counties to receive, lease, and sell all property ap-
propriated for the schools, and required them to have located
and surveyed the three leagues of land appropriated under the
act of January 26, 1839, and granted an additional league
(four thousand four hundred and twenty-eight acres) for the
purpose of necessary scientific endowment, one-half of it for
an academic school and the remainder to be distributed among
the various common school districts in the county. It pro-
vided that school districts be organized in the county when the
population or interests of education required.
Numerous private as well as denominational institutiona
of learning were chartered by direct acts of the republic and
subsequent state legislatures, till a law was enacted by the
State prescribing a general mode for such incorporations, un-
der which the charter articles, when framed accordingly, have
only to be accepted and filed in the State department at Aus-
tin." (Lane).
The laudable efforts on the part of the people to secure
institutions as provided by law, resulted in the establishment
of only a few of those projected, and but few of these be-
came permanent and attained positions of prominence.
Among those that succeeded was Baylor University at
Independence, which as a chartered institution, as stated else-
where, was the direct successor of the oldest Female school in
Texas. "Baylor" was a denominational school under the con-
trol of the Baptists, and after 1851, imder the able manage-
ment of Dr. E. C. Burleson, attained eminence.
It will be observed that the same act which incorporated
"Independence Academy" also included the "University of
San Augustine." It is curious to note that the history of
those institutions, which were the first incorporated under the
Republic, passed through a similar experience in consequence
of acrimonious differences, which arose in their communities,
but from different causes. The facts of Baylor University
have been stated and the following account of the fate of the
school at San Augustine we give as recited in "The Compre-
hensive History of Texas."
"The town of San Augustine is situated on a beautiful
and fertile strip of red-land country running in an east and
west direction through the counties of Sabine, San Augustine
318 The Life axd "Wkitixgs of
and Xacogdoches, "vrhich was well settled with good farmers
as early as 1840, and from that time to 1850, that town was one
of the largest and best-improved towns in all Eastern and
Northern Texas. It was situated thirty miles west of the
Sabine Kiver, on the old King's Highway, leading from
Xatchitoches in Louisiana, through ]!N'acogdoches and Bastrop
to San Antonio. The wagon road made along or near it, com-
monly called the "San Antonio road," was the principal thor-
oughfare along which the immigrants came to Texas by land,
and it was the route of the first stage line through Eastern
Texas. A master builder, a Mr. Sweet, erected a large two-
story frame building and sold it to the county of San Augus-
tine for a league of land that had been given to the county for
the erection of an academy, though the school had the high-
sounding name of "The University." A small school having
been taught in it for several years, in 1843, a gentleman by
the name of Montrose, of medium size, about 30 years old, and
apparently good manners and intelligence, appeared at the
hotel, and learning that there was a large school building in
the town, let it be known that he was a teacher. The board
of trustees were soon assembled and sent for him. He was a
man of few words and very positive in his utterances. He
said in substance : . "All I ask is to give me control of the
house, and I will build up a large school, that will attract
scholars to your town."
They complied T\'ith his request, and before the end of the
second session, he had verified his assertion and had a large
school, with numbers of scholars from a distance. It so con-
tinued for several years. One of his great merits as a teacher
was his control of the scholars in school by a regular system,
and the anxiety he produced in them to attend school punct-
ually and an ardent desire to attend to their studies. He did
not seek to acquire favor in the commimity, except through
his scholars, and was seldom seen upon the streets of the town
or otheru'ise in communication with the citizens. He taught
school as a business strictly, and had no difficulty in collecting
his tuition through his scholars, although there was a great
scarcity of money in the country. After his school increased
his plan for assistance was to engage some of his advanced
scholars to teach classes under his direction. The school soon
Dr. Eufus C. Bukleson. 319
became the pride of the town and surrounding country, with a
united recognition of its advantages. It may be instructive
to tell how discord and contention were produced that ulti-
mately led to bad consequences in reference to that and other
schools in that place.
A Methodist preacher came there fresh from "The
States/' as the United States were then called, and preached a
sermon i]i favor of "perfect sanctification on this earth," the
most numerous denomination of Christians there being Metho-
dists. Professor Montrose, being a Presbyterian, and a good
reader, had occasionally read sermons, as a layman, to a few
Presbyterians and others on Sunday. By their urgency ho
was induced to read in public a sermon opposed to the doc-
trine advanced by the Methodist minister, who promptly chal-
lenged him for a public debate on the subject. Professor Mont-
rose, though not a preacher, was pressed into the debate by
his religious friends; moderators Avere chosen to regulate the
debate, and it was held before a large audience. Professor
Montrose simply read extracts from books when it came to his
tuiTi to speak, and he did it with such impressiveness as to make
it appear that he had achieved a victory over the challenger.
At once a religious storm Avas raised. There being a number of
prominent Methodist preachers and other leading citizens of
that denomination in the town and in the surrounding country,
it was readily determined to put up in that place a Methodist
College. A large three-story frame building was erected, and
an excellent teacher, as well as preacher, was brought from
Ohio to take charge of the College. His name was Jones, a
cousin of Bishop Jones. Other Methodist preachers were en-
gaged to teach in the college and several Presbyterian min-
isters were engaged to assist Professor Montrose. Both schools
prospered for several years, with scholars in each to the num-
ber of one hundred and fifty. San Augustine claimed to be
the Athens of Texas. * * * The rivalry that made a
spasmodic success for a time for both schools could not last
long. Professor Jones left the college, and it declined and was
sold to the trustees of the so-called university for a female
institute. Professor Montrose, hampered with assistants, con-
trary to his own plan of getting them by engaging his ad-
vanced students, left and afterwards taught at Nacogdoches,
320 The Life and Writings of
and at Anderson in 1857. The university, as it was called,
stmggled along for a time under its trustees, but gradually
declined, and that place has never been able to keep up a good
school since its failure. Both of the buildings have been
burned, and the vacant places where they stood attest the sad
calamity of a religious rivalry entering the management of
the schools of a community, where it assumes the character of
a bitter partisanship."
Another denominational school was Eutersville Col-
lege ā the first Methodist school chartered in Texas of the
many educational enterprises put on foot by that vigorous de-
nomination, including McKenzie College at Clarksville, Wes-
leyan College at San Augustine, and Soule University at
Chappell Hill. The unsatisfactory history of these scattered
enterprises led to the concentration in late years of all their
chartered rights in the "Southwestern University" at George-
town, which has become an ornament to all Texas. This
policy of consolidation, in a modified form, as we shall notice
later on, was afterward adopted by the Baptists.
The subject might be still further enlarged, possibly with
pleasure and profit, but as it is only contemplated to sketch an
outline of the measures adopted by the fathers of the Ke-
public, that constitutes the foundation of the fabric upon
which has been erected the present school system of Texas, all
details are omitted, except such as are calculated to show tKe
temper of the people in a few instances, and to lead up to Dr.
Burleson's connection with public education.
Dk. Eufus C. Burleson. 321
CHAPTER XXXVIll.
Progress of Education in Texas Under State Kule ā An-
nexation OF Texas to the United States ā Texas Re-
tains Her Unappropriated Public Domain ā The Con-
stitution OF 1845 ā Legislative Provision for Educa-
tion ā Dr. E. C. Burleson Arrives in Texas ā The
Civil War 1861 to 1865 ā The Constitution of Texas
AS A State in the Confederacy ā Surrender of the
Confederacy ā The Interregnum Followed by Mili-
tary Occupation ā The Peabody Eund, Its Infuence
on Education.
HE State of Texas surrendered its sovereignty as an in-
dependent nation through a convention of the people
assembled at Austin July 4, 1845, and adopted res-
olutions for the annexation of the state, in harmony with a
resolution passed by the congress of the United States. Among
other stipulations it was provided, that the Republic of Texas
should retain as a state in the Union all its vacant and im-
appropriated public domain.
The constitution that was adopted when Texas became
a State, provided for education as follows :
Article 7 section 8, made a restriction on State appro-
priations of money by declaring, that appropriations of money
should not be made for a longer period than two years, ex-
cept for purposes of education.
Article 10, asserted 1st. A general diffusion of knowl-
edge being essential to the preservation of the rights and lib-
erties of the people, it shall be the duty of the legislature of
this State to make suitable pro^dsion for the support and main-
tenance of public schools.
21
322 The Life axd Wkitings of
2. The Legislature shall, as early as practicable, estab-
lish free schools throughout the State, and shall furnish means
for their support bv taxation on property, and it shall be the
duty of the Legislature to set apart not less than one-tenth of
the annual revenue of the State, derivable from taxation, as a
perpetual fund, which fund shall be appropriated to the sup-
port of free public schools; and no law shall ever be made,
diverting said fund to any other use ; and until such time as the
Legislature shall provide for the establishment of such schools,
in the several districts of the State, the fund thus created shall
remain as a charge against the State, passed to the credit ol
the free common school fund,
3. All public lands which have been heretofore, or may
hereafter be granted for public schools, to the various counties,
or other political divisions in this State, shall not be alienated
in fee, nor disposed of otherwise than by lease, for a term not
exceeding twenty years, in such manner as the Legislature may
direct.
4. The several counties in this State, which have not
received their quanitity of lands for the purposes of education,
shall be entitled to the same quantity heretofore appropriated
by the Congress of the Eepublic of Texas to other counties.
In accordance with the provisions of the constitution the
following acts were passed by the Legislature in support of the
common free school system :
An act of 1846 set a precedent of municipal taxation for
the support of free schools in which the Legislature authorized
the corporation of Galveston to levy a tax for such purpose,
limited to one-half per cent, on the value of the real estate of
the corporation.
An act of January 16, 1849, exempted from taxation all
buildings with furniture and library used solely for purposes
of education, together with the lands owned by the educational
iustitutions, not exceeding ten acres, on which they are sit-
uated.
An act of January 16, 1850, appropriated four leagues of
land to all organized counties as provided in the act of 1839.
An act of February 1, 1850, authorized the survey of
three leagues of land for the University in lieu of the surveys
Dr. Rufus C. Burleso?s\ 323
lost by failure to return the field notes of the surveys made
under the act of 1839.
An act of January 31, 1854, appropriated two million
dollars of 5 per cent, bonds of the United States remaining in
the State treasury of the amount received from the general
government in the settlement of the boundary question, as a
school fund for the support and maintainance of public schools,
to be called the ''special school fund;" the interest therefrom to
be distributed for the benefit of the school fund. This fund
was afterwards authorized to be invested in railroad bonds to
encourage railroad construction in the State.
An act of January 30, 1854, to encourage the construc-
tion of railroads in Texas," and the act of February 11, 1854,
relative to the Galveston and Brazos :N'avigation Company,
appropriated "alternate sections," of lands in large quantities
to the railroads and navigation companies and to the free
school fund, the corporations being required to survey the
school sections for the State, as well as their own lands. These
grants aggregated many millions of acres, including about
thirty-two million acres to the railroads.
An act of August 30, 1856, provided for the survey of
fifty leagues of University lands, appropriated by the act of
1839, under certain stipulations respecting the survey: Also
how it should be divided and sold; the minimum price per
acre, and the payments and interest. The proceeds was to
constitute a University fund. Another act in 1856 provided
for "investments of the special school fund in bonds of rail-
road companies incorporated by the State."
An act of 1856 provided that "no statute of limitations
shall run in favor of any one who has heretofore settled on or
may hereafter settle upon or occupy any of the lands that
have heretofore been granted, or may hereafter be granted for
purposes of education."
An act of February 11, 1858, known as the 'University
Act of 1858" provided for the organization and establishment
of the University. It granted the University of Texas one
hundred thousand dollars in United States bonds, then in the
State treasury; transferred to it the fifty leagues of land ori-
ginally set apart by the Republic of Te;cas for the "endowment
of two colleges or universities," and further set apart to it
324 The Life and AVritixgs of
"one section of land out of ten sections which have heretofore
been or may be hereafter surveyed and reserved for the use
of the State, under the act of January 30, 1854, to encourage
the construction of raih'oads in Texas," and the act of Feb-
ruary 11, 1854, granting lands to the Galveston and Brazos
iN^avigation Company. The governor was to select the sections
so as to have them adjoin each other. The administrative de-
tails of the institution were provided for and all the usual re-
quirements for a first class univei-sity were established. The
Constitution of 1876 annulled the proposition as to the alter-
nate sections, converting the lands to the free school fund,
and substituting to the University but one million acres of far
less valuable lands, in lieu of some three million two hundred
thousand acres to which the University was entitled under the
act of 1858.
^Ye have thus far traced the history of education in Texas
from the earliest times, through its evolutions under four
separate governments, according to available data. It has been