eates, and the nature of diffenting congregations, as to defeat the benevolent intentions of the law. Such an illiberal prejudice is manifeftly repugnant to the genuine fpirit of christianity. Chrifti ans ought to attend to two confiderations, which are of great importance as relative to the peace of fociety. In all instances where a diffenter claims to be exempted from paying taxes to the fupport of the miniftry in the located focietes, by virtue of the ftatute, and the question is brought to trial before a court of law, the triers should be extremely careful to ftrip themselves of all that prejudice which different fects are too apt to feel towards each other, they fhould judge upon the most enlarged principles of charity, and give the law the most candid and liberal conftruction. For nothing is more difgraceful, than for one fect to draw the fupport of its minifty from another. The very femblance of perfecu

tion fhould be avoided.

On the other hand, chriftians ought not to feparate from each other on flight grounds. There can be no impropriety in their uniting together in the public worship and adoration of the common Father of all men, tho they fhould entertain a great diverfity of religious featinents. There can be no neceffity, that all the members of the congregation fhould believe alike to render worfhip fincere. Each will believe and worship for himself, and their union in the act of devotion will be acceptable to God, tho there be as many different opinions as there are members of the congregation. For near eighteen centuries, the different fects of christians have been quarreling with each other, respecting a religion which recommends, brotherly love, as the moft effential duty. It is time that they began to practice the religion they profefs. They ought to know, that no one can have any occafion to quarrel about it, because every one has a right to think as he pleafes. May we not hope, that the period is not far diftant, when mankind will have fenfe enough to difcern the extreme folly of a religious quarrel.

CHAPTER EIGHTH.

OF SCHOOLS.

OUR law has established very plain, but effectual regulations for

the keeping of fchools. In every town, where there is but one eccle. fiaftical fociety, wherein are seventy families, or more, and in every ecclefiaftical fociety (where there are more than one in a town,) containing feventy families or more, there fhall be conftantly kept and maintained, one good and fufficient fchool, for teaching and instructing youth to read and write, by a mafter well qualified for that purpofe: and where the number of families is less than feventy, a fchool fhall be kept half the year, and in every county town, there fhall be conftantly maintained a grammar fchool, kept by a fuitable mafter, acquainted with the learned languages.

But fuch is the extent of towns and focieties, that these regululations could have procuced but little effect in the general diffufion of learning. In confequence of this, another regulation was adopted, which is calculated to furnish the means of education, to all the children in the ftate. Every town which contains only one fociety, and every fociety where there are more than one in a town, have the power in legal mecting, to divide themselves into proper and necefiary diftricts, for keeping their fchools, and to alter and regulate the fame from time to time, as they fhall have occafion in virtue of this law, every town and fociety, have been divided into districts of fuch convenient and fuitable extent, that all the children within the fame, can daily attend on fchools. The law alfo provides that every fuch town and fociety, at their annual meetings, may appoint committees, whofe fpecial duty fhall be to fee that schools are kept; and the practice has been every year, to appoint fame perfon in every district, to be a committee, who is refponfible that a fchool fhall be kept in the diftrict, and who has power to procure a master for that purpofe. He ufually affembles the members of the diflrict, to take their voice and direction in the contract with the fchool-mafter, and any other provifion that is neceffary to be made, for the fupport of the school. In all thefe diftricts, fchools are commonly kept, from three to fix months in a year, but in all the principal towns, fchools are conftantly kept.

As

As diftricts are confidered to be the principal organ through which fchools are established and kept, additional power has lately been conferred upon them by ftatute, by which they are better qualified to anfwer the defign of their inftitution. The members of the feveral school districts qualified to vote in fociety meetings, have power and authority to levy a tax upon the polls and rateable estate of the inhabitants, to build and repair fchool houses in fuch districts; and to appoint collectors, who shall have the fame power to collect fuch taxes, as fociety collectors, and to chufe clerks in fuch diftrict, who fhall be fworn to make true entries, and give true copies of all their votes and proceedings. For this purpose the school committee within each diftrict or fuch perfon as he fhall appoint, fhall duly warn the inhabitants in the district, who are liable by law to pay rates, and who are qualified as aforefaid to vote, to meet at fome convenient place in the disrict, at least three days inclufive, before any tax fhould be laid. Two thirds of the members qualified as aforefaid, and prefent, must concur in a vote, laying a tax, and fixing the place where a fchool house shall be erected.

But it would have been vain, to have paffed laws requiring fchools to be kept, if means had not been provided to defray the expenfe. For this purpofe, the legiflature have adopted the cheapest and most effectual expedient. The treasurer of the state is dirested, annually to deliver and ray the fum of forty fhillings lawful money, for every thoufand pounds in the lifts of each town, and proportionably for lefier fums, out of the taxes annually collected from each town for the fupport of civil government, to the school committees in the refpective towns and focieties, and for want of fuch committees, to the felectmen of each town: which money fo received, is to be distributed among all the focieties, for the benefit of fchools in proportion to their lifts, and from them fuch money is to be diftributed among all the fchool districts in proportion to their lifts, upon this condition, that the fociety committee. or selectinen must deliver certificates, that fchools have been kept, the preceeding year, in the towns or focieties, for whofe ufe they apply for the money according to law. In this way, the money

is

Statutes, 478.

is collected with the public tax, but is payable only on condition, that the law is complied with.

The legislature alfo have difpofed of the avails arifing from the fale of lands in the ftate, and from excife, to certain towns and focieties to be kept as a permanent fund, and the annual intereft thereof to apply to the use of schools in fuch towns or focieties, and to be divided among the diftricts in proportion to their lift, and to be forfeited on mifapplication, to the ftate treasury. In many places, private donations and grants have been made for the fame purpose. In cafe the foregoing provifion fhall be infufficient, then one half the expenfe is to be paid by the inhabitants of the town or fociety, and the other half by the parents and mafters of the children that go to fchool: unless fuch town or fociety otherwife agree, which they have power to do; and the law gives them full power to grant and levy taxes for the support of fchools and to appoint collectors, to collect the fame and whatever they fhall agree upon for the fupport and encouragement of fchools, fhall be binding on the whole. In confequence of this law, the general practice is, in each town confifting of one fociety, and in each fociety, where there is more than one in a town, to lay an annual tax for the fupport of fchools, to a certain amount on the polls and rateable eftate, and appoint the school committee in each district the collectors, by which method, a fufficient fum may be at all times raifed to fupport fchools: and the perfons who are to take the immediate benefit of it, have the power to grant the taxes.

The felectmen of the town where there is but one fociety, and the committee of each fociety, where there are more than one in a town, have the charge of all fchool funds, whether confifting of money, or lands, and have power to let out money at intereft, and leafe lands and do all neceflary acts for the prefervation and management of fuch funds: excepting where the grantors, or general affembly in certain cafes have committed the care of fuch estate, to particular perfons, with direction for a continual fucceffion.

The civil authority and felectmen in each town, are appointed

vifitors

vifitors of fchools, with power to vifit and infpect the ftate of, schools in their towns, from time to time, and particularly once each quarter of a year, and to enquire concerning the time they are kept, the qualifications of the mafter, and the proficiency of the fcholars, and to give all neceffary directions to render them molt ufeful for the encreafe of knowledge, religion, and good manners. If they difcover fuch diforders, or mifapplication of public monies allowed for the fupport of fchools, as will probably defeat the good end propofed, they are to lay the fame before the affembly, that proper orders therein may be given.

Since writing the foregoing, the legislature in May 1795, paffed an act, appropriating the intereft arifing on the principal fum that should be obtained by the fale of the lands belonging to this ftate weft of Pennsylvania, to the ufe and fupport of fchools, with the privilege to every ecclefiaftical fociety, with the concurrence of two thirds of the inhabitants, to petition to the legislature, for the appli cation of their proportion, to the fupport of the gospel miniftry; which the legislature have reserved to themselves the power to grant during pleasure. No country can boaft of a more liberal and noble establishment for the fupport of fchools of inftruction, and millions yet unborn, will bless the extenfive and patriotic views of the authors of this goodly work.

In the course of thefe enquiries, we have treated of towns, focieties and fchools. The peculiarity and importance of thefe inflitutions, require a more minute difcuffion.

Towns in their present form, are a corporation which originated in the state of Maffachusetts, and are coeval with the fettlement of the country. Tho it be unquestionably a fact, that our ancestors borrowed the name of towns from the country that gave them birth, yet fo different are the powers and privileges that are vefted in fuch corporations here from what they had in England, and fo little is the refemblance between the inltitutions, that our towns ought to be confidered as an original difcovery in civil policy. At the first fettlement of an uncultivated country, it was natural to lay it out in fmall towns, for the purpofe of accommodating the adventu rers who commenced the fettlement in fall parties. When

towns