Tbe gradual development and progress of education in Ohio was encouraged and fostered by State laws that were the germs from which came forth the present common school system, and, believing that a brief synopsis of these enactments would be of value in this article, we have culled the following facts from the Ohio statutes, which we trust will assist the reader in understanding more thoroughly the history of the schools in the Scioto Valley, up to the adoption of the new constitution. On the 2d of January, 1806, three Trustees and a Treasurer were authorized to be elected in each township, for the purpose of taking charge of the school lands, or the moneys arising therefrom, and applying the same to the benefit of the schools in said township. In 1810, this act was more fully defined, and, in 1814, every scholar was entitled to his or her share of said school fund, even when attending a school outside of their own township. In 1815, these moneys were distributed according to the time of school attendance, an account of which each teacher was required to supply to the Trustees, and the apportionment made accordingly. No act of any importance was then passed until January 22, 1821, when a vote was ordered to be taken in every township for the purpose of deciding, for or against, organizing the same into school districts; also, for the election of a school committee of three persons, and a Collector, who was also Treasurer in each district. These committees were authorized to erect schoolhouses in their respective districts, on land donated or purchased for that purpose, said schools to be paid for by donations and subscriptions, together with the taxes raised for such purpose. This act authorized that all lands located in said districts liable to State or county taxation, were also liable to taxation for erecting schoolhouses and for educating the children of those unable to pay for schooling. Parents and guardians were assessed in proportion to the number of children sent to school by them, but those unable to pay had their assessment remitted, and such deficiency was paid out of the fund raised by taxation. Of course, the moneys accruing from the school lands went into the school fund held by the Treasurer of each district.
The first general school law was passed February 5, 1825, and it provided "that a fund shall hereafter be annually raised among the several counties in the State, in the manner pointed out by this act, for the use of common schools, for the instruction of youth of every class and grade without distinction, in reading, writing, arithmetic and other necessary branches of a common education." This was in harmony with the constitution, which asserted that schools and the means of instruction should forever be encouraged by legislative provision. This act provided for a general tax to be levied for the fostering of common schools throughout the State, which was to be collected annually and used for general educational purposes. Three School Directors were to be elected annually in each district, to transact the business of said schools, erect buildings, employ teachers, receive and expend all moneys derived from any source, etc. The Court of Common Pleas in each county was authorized to appoint annually "three suitable persons to be called Examiners of Common Schools," whose duty it was to examine teachers for qualification and grant certificates; also, to visit and examine the schools throughout the county. If any district neglected to keep a school therein, at any one time for the space of three years, its proportion of the school fund was divided among the other districts in said township that employed teachers. The school fund of each county was taken charge of by the Auditor, who distributed the same between the several townships. In 1827, this act was amended. The Directors were instructed to appoint a Treasurer for each school district. Fines imposed by any Justice of the Peace, for offenses committed in any given district, were to be paid to the Treasurer, to be used for the support of education in said district. Taxes were levied to build new houses and repair old ones. Every householder, whose tax was less than $1, had to pay tbat amount, or give two days' labor toward the building or repairing of sehoolhouses The number of Examiners was increased, but at no time were they to exceed the number of townships in the county.
In February, 1829, a law was enacted providing more fully for general education, but the children of black or mulatto persons were not permitted to attend these schools, nor were such persons compelled to pay taxes to ward the support of the same. The official term of Examiners was designated as two years, and their number to be not less than five in each county, nor more than one in each township thereof. Whenever the regular school fund ran short, the teachers, if not paid by voluntary subscription, were to be paid by those sending scholars to said schools. Often the regular fund did not pay for more than three months' schooling annually, so that even then the schools, though slowly improving, were anything but flourishing. The act of 1830 did not materially improve them, and, in March, 1831, the following clause appears in a law relative to raising the school fund. It says a general fund shall be raised "for the instruction of the white youth of every class and grade," so that, although Ohio was a free State, a black man was debarred from the educational advantages accorded to his white brother, and, though his body was not kept in slavery, his mind was kept in ignorance, as far as the State laws had the power to do so. With all this injustice, the property of negroes was exempt from taxation for school purposes, which was at least a small grain of justice to the despised race. The school age was changed so as to include those between four and twenty-one years, and the number of Examiners read "not less than five in each county, nor more than two in each township."
On the 2d of March. 1831, an act was passed authorizing the establishment of a fund to be designated "The Common School Fund," the income to be used for the support of common schools. All moneys arising from the sale of school lands were to be put into this fund, and the State guaranteed a certain interest on all such moneys paid into the State Treasury. The County Auditors were authorized to draw said interest and distribute it among the several districts in their respective counties, to which said lands originally belonged. Donations and bequests were also put into this fund and used for the same general purpose. These moneys, however, were to be funded annually, until January 1, 1835, after which date the interest was divided among the several counties in proportion to the number of white males over twenty-one years of age residing therein.
Up to this time women were not eligible as school trachers, for we find that an act was passed December 23, 1831, allowing Directors to employ female teachers, but the Directors had to signify in writing to the School Examiners that it was the desire of the inhabitants of said district to employ "a female teacher for instructing their children in spelling, reading and writing only." The Examiners were then empowered to give the lady "a special certificate" to teach those branches. It is unnecessary for us to comment on this injustice; we take it for granted that the most illiberal of men will agree with us that this discrimination against women was a grievous wrong and unworthy of this great commonwealth. In 1833, other provisions and amendments were made to the school laws, whose object was to increase their influences, but no material changes were made in former ones.
The office of Stale Superintendent of Schools was created March 7, 1837, and made permanent a year from that date. He was elected by the General Assembly for a term of five years, but, on the 23d of March, 1840, the office was abolished, and the Secretary of State required to perform the duties thereof. In 1838, a fund of $200,000 was provided for, to be annually distributed among the several counties, according to the number of white youth, unmarried, between the ages of four and twenty-one. It was known as the "State Common School Fund," was reduced, March 7, 1842, to $150,000, and again raised to $300,000 on the 24th of March, 1851. By Article VI of the New Constitution, it is declared that the principal of all funds accruing from school lands, donations or bequests, "shall forever be preserved inviolate and undiminished." It was enacted by the law of 1838 that the Township Clerk should be Superintendent of Schools within his township, and this law remained in force until the re-organization of the school laws under the new constitution in 1853. By this same law, the County Auditor was endowed with the position of Superintendent of Schools throughout the county. The number of School Examiners was reduced to three members for each county, who were appointed by the Court of Common Pleas.
On the 16th of March, 1839, an act was passed providing for the establishment of night schools in towns, wherein male youth over twelve years of age, who could not attend school in the daytime, might be instructed. This law also enacted that scholars could attend German schools, and yet receive their quota of school money. Subsequently, the German language was introduced into the schools as a part of the regular studies.