shown that the constitutions and laws all demanded common
free schools, but their requirements were never enforced or a
single school put into operation. The only provision ever mad»;
was for the free tuition of every indigent child and every
oi-phan in a good private school ten months in the year. The
reasons for their not having been established was partly owing
to the fact that the permanent school fund afforded an in-
suificient income for the purpose, and because the lands were
unremunerative. But for the opposition of the people to the
levying of a tax for the support of a system of free schools
they might have been instituted with success; without a tax
for the purpose, the measure was practically impossible, other-
wise the men of affairs, aided by those who were devoted to
the educational interests of the State would have established
them without a question of doubt.
J. J. Lane says that "after the annexation of Texas to the
United States, the public school system was subject to various
important changes. IsTaturally, at the organization of the gov-
ernment, the management of educational interests was largely
left to the cities and counties and boards of school trustees, the
counties being generally divided, when the population justi-
fied, into school districts with respective school commissioners.
Dr. Eurus C. Burleson, 325
Eventually sub-divisions of school districts were allowed,
under what was termed the community system/' where a suffi-
cient number of the people petitioned for it to the school au-
thorities. Cities and towns were allowed to incorporate as
''independent school districts" under separate school boards
and city school superintendents, and established "graded"
and "high" schools, in addition to the grammar and primary
schools. The disposition of free school funds of the counties,
derived from State grants and special appropriations and tax-
ation, was charged to the county officers, subject to legislative
regulation.
At first the State Treasurer, and subsequently the State
Comptroller, was ex officio State Superintendent of instruction,
with a certain general supervision of the school fund and some
direction as to its distribution and use in the several counties,
reports of county school finances and school work being re-
quired to be made to him, and he to report to the governr^ a^-;
to the condition of such matters and the general interests
education in the State. This was before the population of
Texas had grown so as to require a more thorough system of
regulation."
Under the laws and regulations then in force quite a
number of institutions of learning were sustained in this more
thickly settled portions of the State by private enterprise and
these were generally supported b}^ a generous patronage.
They were under the supervision of competent instructors and
their management secured for some of the establishments a
reputation which ranked them among the creditable schools in
the Union.
During this era, as we have seen, Rev. Ruf us C. Burleson
arrived in Texas who was destined to take rank among the
eminent {instructors in the educational instituitions of 'hlis
adopted State. He was also to become an instrument in mould-
ing the present educational system by bringing to bear his
indominatable spirit and great energy combined with an in-
fluence and an enthusiasm which no opposition could with-
stand.
At the time of his arrival in Texas, Rev. Eufus C. Burle-
son was a young Baptist preacher. The reader is familiar with
all the incidents of his life prior to this time, and during this
326 The Life and Writings of
period and will be made acquainted in subsequent chapters
with his after life when he became an educator in charge of
Waco University, in 1861, located at Waco Texas, and since
rechristened Baylor University through consolidation. It was
in this institution where his life-work was accomplished in the
education of hundreds of the youth of the land who received
the benefits of his instruction. It was here he acquired a
prominence as an educator which proved him an authority in
the estimation of the people of Texas and elsewhere, and this
popularity gave assurance that he would be heard with defer-
ence on all subjects appertaining to education. He thus be-
came eminently qualified to instruct the masses Avhen the
proper time arrived, on the subject of public schools, and it
was through his indefatigable exertion and earnest solicitation,
more than any other one man that they became an accom-
plished fact, which will be the unbiased judgment of the pub-
lic when all the evidence is in.
It is appropriate that we should introduce Dr. Burleson
on the stage of this feature of his service for education in
Texas at the earliest moment consistent with history. In
forecasting his after-life at this time, it serves as an introduc-
tion to his great achievements in administering the Peabody
Education Fund, with which he became so closely identified
in Texas a few years later.
We have arrived at a period in the history of education
in Texas when nearly the whole system collapsed under the
terrible visitation of civil war and its after results which in-
cluded a period of about eight years. During the first half
of these years 1861-1865, the government and the people of
Texas was absorbed by measures and conditions relating to
military operations. A universal patriotic enthusiasm was
manifested in the cause of secession throughout the struggle
for independence on the part of the Confederate States, and as
the people of the Xorth figuratively testified, the Confederacy
robbed botli the cradle and the grave, to recruit its armies by
voluntary enlistment of its old men and youth. aSTevertheless
a few schools were maintained during the struggle and nota-
bly the one over which Dr. Burleson presided.
The constitutional convention of 1861, held during the
secession of the Southern States, adopted the constitution of
Dr. Eufus C. Burlesox. 327
1845 with some amendments, adapting it to tlie new order of
things, but without changing article 10, on education or the
two years provision as to appropriation for educational pur-
poses.
At the termination of the war and with the collapse of the
Southern Confederacy, all military and civil government was
substantially at an end. There was for more than two months
an interregnum in the government of Texas. And although
the State was full of soldiers with guns in their hands and
under no authority, yet the utmost order everywhere prevailed.
They were filled with despair at the results of their heroic
efforts in behaK of liberty, but they were alive to the necessi-
ties of civilization and they exhibited a love of order and re-
spect for the rights of person and property that was creditable
to the reputation they had sustained as soldiers of the "Lost
Cause." The people having accepted the results of the strug-
gle they made the best of the situation that was possible.
Schools were opened throughout the country, and thousands
of young men, who had volunteered as youths in their coun-
try's cause laid aside the trappings of war, and returned to the
school room, fully realizing their deficiencies and in search of
an education which had been interrupted at the most impor-
tant period in their lives. With enthusiasm they had put aside
their school books when their services were required in their
coimtry's defence, and history records their merit as soldiers,
but many of them resumed their studies as cripples or phy-
sical wrecks, resulting from the vicissitudes of war and disease.
The distracted condition of the country during the several
years which followed, was not conducive to the establishment
of educational institutions. Civil government was suspended
and the country was impoverished. The people were at the
feet of the conqueror and the radical element among them
being in the majority suppressed the conservative measures
advocated for restoring the Southern states to the Union and
for rehabilitating the country. The evils resulting from a
free indulgence of such passions were disastrous and demora-
lizing. In 1867 a mighty impetus was given to the cause of
education in the Southern states, by the creation of the Pea-
body Education Fund. This noble benefaction came at an
opportune time, and the good it effected can not be overes-
328 The Life and Wkitixgs of
timated, in relation to the poverty and ignorance that was then
stalking abroad in the land.
By some of the Avorst desolated states the charity was
grasped with avidity, and these consequently were soonest in
possession of a successful system of public schools; but its
benefits were generally slow in reaching those for whom the
fund was created. The reasons were manifold which hindered
and retarded its application. The greatest obstacle was in the
people themselves. They were required by the regulations
ordained by the Trustees of the Fund, to comply with certain
requirements before they could become beneficiaries. The
rule of the Trustees was that they would help those most, who
helped themselves most, and if nothing was done in that direc-
tion they would withhold their benefaction.
The benefits of this Fund to public education in Texas,
and it might be said to all education, for all was stimulated,
is shown hereafter in connection with the influence it exerted
in bringing about residts, which have been so firmly estab-
lished in the educational institutions of the State.
De. Kufds C. Buelesok. 329
CHAPTER XXXIX.
Education in Texas Under the Peovisional Goveenment
— ^]VIiLiTAEY Occupation — Emancipation Oeder — Ham-
ilton Peovisional Goveenoe — Organization of the
Civil Government — Election Order — Constitution
OF 1866 — Theockmoeton Goveenor — Provision for
Education — Kepublican Reconstruction — Civil Gov-
ernor Removed — E. M. Pease Appointed Provisional
Governor — Constitution of 1868 — Provisions for
Education — ^First Public Free School in Texas was
Opened September 4th, 1871 — Dr. J-. Sears' Report
AS General Agent of the Peabody Fund — The Tax-
payers' Convention,
O
N the lOth of June, 1865, General Gordon Granger,
of the United States army, by proclamation at Gal-
veston, assumed command over Texas, and issued an
order declaring "all acts of the Governor and Legislature of
Texas, since the ordinance of secession was adopted illegiti-
mate, and called upon all Confederate and State officers and
soldiers to repair to certain designated places in the State to
be paroled. On the same date he also declared the negroes
to be free, from which fact the negroes of Texas have ever
since celebrated June 19, as "Emancipation Day."
Many measures effecting public education in the State
came within these dates, and hence many things must be done
de novo.
After passing through a period of reconstruction, a con-
stitutional convention was held January Tth, 1866, and James
330 The Life axd Writings of
W. Throckmorton was elected President. This convention
adopted a constitution, submitted it to a vote of the people
who ratified it, and in an election which followed Mr. Throck-
morton was elected Governor.
This constitution amended the provisions of article 10,
on education, bv declaring that the Legislature shall, as earlj
as possible establish a system of free schools throughout the
State, and as a basis for the endowment and support of said
system, all the funds, lands and other property heretofore
set apart, or that may hereafter be set apart and appropriated
for the support and maintenance of public schools, shall con-
stitute the public school fund; and said fund and the income
derived therefrom shall be a perpetual fund for the education
of all the white scholastic inhabitants of this State, and no law
shall ever be made appropriating said fund to any other use
or purpose. It further provided that all the alternate sections
of land reserved by the State out of previous or future grants
to railroad companies or other corporations for internal im-
provements, or for the development of the wealth on resources
of the State, shall be set apart as the permanent school fund of
the State; that the legislature shall hereafter appropriate one-
half of the proceeds of sale of public lands to the perpetual
school fund, and shall provide for the levying of a tax for
educational purposes, and that the sum arising from said tax
which may be collected from Africans or persons of African
descent, shall be exclusively appropriated for the maintenance
of a system of public schools for Africans and their children;
that the University funds shall be invested in like manner
provided for the public school fund, and the legislature shall
have no power to appropriate the University fund for any
other purpose than that of the maintenance of universities,
and shall at an early day make such provision by law as will
organize and put into operation the University. The Governor
in his inaugural address thus graphically described the situa-
tion :
• "We have just emerged from the most terrible conflict
known to modern times, with homes made dreary and deso-
late by the hand of war, the people impoverished and groaning
under public and private debt; the great industrial energies of
the country sadly depressed, occupying in some respects the
Dr. Rufus C. Burleson. 331
position of a State in the Union, and in others the condition
of a conquered province; exercising only such privileges as the
conqueror in his wisdom and mercy may allow; the loyalty of
the people to the government doubted; their integrity ques-
tioned; their holiest aspirations for peace and restoration dis-
believed, malinged and traduced by a constant misapprehen-
sion of their most innocent actions and intentions." Defama-
tions continued to influence the hostility at the IsTorth, and
aggravate their feelings toward the Southern people. A mili-
tary government was established, and the highest welfare
of the people for a time seems to have been forgotten. But
through it all Dr. Burleson never relinguished his life pur-
pose, not lost sight of the proposition that the perpetuity of
republican institutions depends upon an educated constituency.
The Eeconstruction Convention which assembled June
1, 1868, framed a State Constitution which was finally ratified
by the people in July 1869. This Constitution eliminated
from that of 1866 all those provisions against "race discrimi-
nations," and was so changed as to provide that ''the perpetual
school fund shall be applied, as needed, exclusively for the
education of all the scholastic inhabitants of the State, and no
law shall ever be made appropriating such fund for any other
use or purpose." It was also provided that "All sums of money
that may come to this State from the sale of any portion of the
public domain of the State shall also constitute a part of the
public school fund. And the legislature shall appropriate all
the proceeds resulting from sales of public lands, to such
public school fund, and shall set apart for the benefit of the
public schools one-fourth of the annual revenue derivable from
general taxation; and shall also cause to be levied and collected
an annual poll-tax of one dollar on all male persons in this
State, between the ages of 21 and 60 years, for the benefit
of public schools." "And said fund and the income therefrom
and the taxes herein provided, for school purposes shall be a
perpetual fund to be applied" as above.
The Constitution declared the Ordinance of Secession
of 1861 and all legislation based thereon, a nullity. It also
declared that the Legislature, which assembled in Austin,
August 6, 1866, was provisional only. The invalidating of all
debts under the Confederacy caused a loss to the University
332 The Life axd Writings of
fund of $74,804.48, in consequence of having received
that amount in "Confederate notes" in payment for University
lands and turned over to the Confederate States depository.
Xo estimate seems to have been made with respect to the losse.^
sustained by the free school fund and other special trusts by
the State being prohibited from paying any debt involving
Confederate money.
Provision for the ustablislunent of Public Free Schools
was made under a nev/ school law which was passed April 4,
1871, in which aniplc powers, were given to the school authori-
ties, and in which the bcholastic age was placed at from six
to eighteen years and attendance at school was required by
law. The first public free schools were opened in Texas on
September 4, 1871, under the administration of Provisional
Governor E. J. Davis and with J. C. De Gress (appointed by
Davis) as State Superintendent of Education.
Governor O. M. Roberts says in relation to this period,
''Public free schools were established with the same central
control by a school board at Austin, with district supervisors
and county superintendents, and with taxes levied in the coun-
ties to build school houses. Parents were compelled to send
their children of a certain age to school under a penalty for
failure to do it. Immense bounties of land were given to
railroad companies, and in one case a large amount of money
was donated, the payment of which was prevented only by the
stern honesty of the Treasurer, A. Bledsoe, who refused to
sign the bonds issued to secure it, and which bounty gave the
State no little trouble afterwards." Hon. J. J. Lane says,
"An act of 1871, amended the general school law by providing
that the Board of Education shall apportion the territory of the
State anew into convenient educational districts. The State
Superintendent was authorized to appoint the district super-
visors, the supervisors were to appoint the school directors and
could act as examiners of teachers. Thus, the school officer??
were very numerous and involved an expense that was well
calculated to exhaust the school fund, if not to bankrupt the
State, if the system was maintained. At all events, it was too
extravagant for maintenance by the counties."
Dr. Sears as general agent of the Peabody Education
Fund reported to the Trustees February, 1871, as follows:
Dr. Kufus C. Burleson. 333
"A little more than a year ago, I visited this remote State,
and found that, nothing could be accomplished for the object
of my mission till after the session of the first Legislature under
the new constitution, which required the immediate enactment
of a school law. That body has at length passed a law, but it
seems not to be very satisfactory to the people. It makes the
members of the police court of the county a Board of School
Directors. It declares "that the Board of School Directors
shall be subject to the rules and directions and supervision of
the Superintendent of Public Instruction."
The governor nominated a Superintendent, but the
Senate refused to confirm the appointment. jSTo other nomi-
nation has been made, and the office is still vacant. Thus the
whole system is rendered inoperative, and it is not known that
any county has taken measures for carrying out the provisions
of the law. In consequence of this failure, I have not yet
been able to effect anything for schools in Texas."
In Dr. Sears' annual report to the Trustees of the Pea-
body Pund in June, 1872, he gives a synopsis of the State
school law in connection with the following statistics gathered
from the Keport of the Superintendent :
"The school fund, after being sadly plundered, is still
larger than that of any Southern State, being $2,285,279.
The number of children of school age in the State is, accord-
ing to the imperfect returns recently made, 227,615. Of
these 63,504 (increased to about 90,000, April 5), have been
already brought into the public schools. Of the 1,324 schools,
1,107 have been graded. Teachers have been well paid, male
and female receiving equal compensation, and, consequently,
capable persons could generally be obtained for the office.
The schools were organized through the agency of the Super-
visors of the thirty-five Judicial Districts. This number of
Supervisors has, from considerations of economy, been reduced
to twelve. Only one or two public school houses were found
in the State at the beginning of last year." He further
remarks : "I can safely assert that until the present time we
have never had an educational law free from most glaring
defects." In a Supplemental Keport he adds: ''While at
every step this department has met with stubborn opposition,
the experience of the last three months has demonstrated that
334 The Life A^â– D Writings of
the sovereigns of the soil are fully alive to the importance and
necessity of free schools." In a letter, written nearly at the
same time, he says: "I cannot sufficiently thank you for
your kind suggestions concerning the donation intended for
this State. I recommend the wisdom of the plans proposed,
and shall enter into a hearty co-operation with you in exe-
cuting the same." "The State has made an appropriation of
over $500,000, a part of which is in the State Treasury."
Roberts says, in reviewing the administration of these
times, that "Such were the extravagant appropriations of
money and the lavish expenditure of it, and such Avere the
violations of the Constitution in the administration of affair'^,
that the whole country became alarmed at the excesses
being continually perpetrated, and conservative men of all
parties determ.ined to arrest the ruinous policy if possible. For
that purpose a meeting was called to assemble at Austin, by
both Eepublicans and Democrats. This non-partisan meet-
ing was called the "Taxpayers' Convention of 1871." It
was held September 22, 23 and 25, 1871. It was composed of
the leading citizens of the State.
Dr. Burleson warmly supported this movement, and,
Avhile not sent as a delegate, the action of the convention con-
tributed largely toward securing a Democratic Legislature in
the election of 1873.
De. Rufus C. Burleson. 335
CHAPTER XL
The Peabody Education Fund — George Peabody — His
Character — His Death — ^Munificent Bequest — ^Dr.
Barnas Sears General Agent of the Fund — Dr.
EuFus C. Burleson's Appointment as Lecturer for
THE Fund in Texas — His First Quarterly Report.
ri EORGE PEABODY, the enlightened and beneficent
— =^ founder of the trust which bears his name, was a
^^j native of Massachusetts, but for many years was a
resident of London, "England, where he accumulated a large
fortune. With characteristic sagacity, he was among the
first to foresee the evils which would be entailed on the South-
ern States of America by the ravages of the great Civil War,
and the consequent inability of the people of those States to
extend to the rising generation the blessing of education.'^
Discarding every feeling of a sectional character, and acting
with a magnanimity almost without a parallel in history, he
dedicated several millions of dollars of his private fortune "to
be held by trustees (named by himself) and their successors,
and the income thereof used and applied, in their discretion,
for the promotion and encouragement of intellectual, moral
and industrial education among the young of the more desti-
tute portions of the Southern and Southwestern States of our
Union;" his purpose being that the benefits intended should
be distributed among the entire population and without other
distinction than their needs and the opportunities of useful-
ness to them.
The letter of the great philanthropist was dated Wash-
ington, February Y, 1867. The trustees met and effected an
organization the following day.
336 The Life A>rD Writings of
Mr. Peabody added a second princely gift of over $51,-
000,000 to liis original donation June 29, 1869. He sailed for
Liverpool on the 29th of September following, and died in
London on the 4th of ]!^ovember of the same year.
His death was greatly lamented, and his acts afforded a
theme of eloquent tributes commemorative of his character.
He was the subject of funeral honors by command of Queen
Victoria. His remains, after resting for a few days under the
consecrated arches of Westminster Abbey, were brought to
the United States, by order of the Queen, in H. B. M. iron-
clad steamer ''Monarch," which was accompanied by the
United States ship of war "Plymouth." He was buried,
agi-eeably to his own washes, in his family tomb in Harmony
Grove Cemetery, in Danvers, Mass., on the 8th of February,
1870.
George Peabody did not wait for posthumous execution
of his munificence by refraining from parting with his millions