V. LIBERTY OF INSTRUCTION AND PRIVATE INSTITUTIONS. (1.) Primary Schools. (2.) Secondary Schools.-(3.) Superior Schools.-(4.) Public Lectures. (1.) THE first article of the decree of March 17, 1808, declares that "public instruction, in the whole Empire, is confided exclusively to the university;" and article second, that "no school, no establishment for instruction, can be formed independent of the imperial university, and without the authority of its chief." These two articles constituted what the enemies of the University of France have called its monopoly. They were the open denial of liberty of instruction. This liberty, fifty years ago, nowhere existed in our country, neither for superior, secondary, nor even for primary instruction. Even the Brothers of the Christian Schools had the liberty to teach only as members of the university to which the emperor Napoleon had attached the order. Under the Restoration, a certain number of religious communities devoted to popular education, were authorized to found schools, some throughout all France, others within certain limits. About the same time a few establishments of secondary instruction obtained the privilege, then enjoyed by some others, of not sending their pupils to the state colleges, and yet of giving certificates of study in rhetoric and philosophy, valid for admission to the examinations for the bachelor's degree. But these privileged establishments were few in number, and, moreover, privilege is not liberty. The principle of liberty of instruction was laid down, for the first time in France since the founding of the university, in the charter of 1830, and applied for the first time in the law of June 28, 1833. Article three of this law declares expressly that "primary instruction is private or public." It is completed by article four, declaring that "every individual of eighteen years of age shall be able to follow the profession of primary instructor, without any other condition than presenting to the mayor of the commune in which he desires to establish a school, a diploma of ability and a certificate proving that he is worthy by his morality, to exercise the office." Mere liberty of instruction does not lead to the establishment of new private schools, without some real or supposed advantages connected with them, especially if the public schools are both good and cheap. In 1837, there were 18,023 private schools, and 18,557 in 1840; but they were reduced to 17,118 in 1843; to 16,736 in 1850; and 16,349 in 1865. Thus the number of these schools has gradually diminished, while the number of public communal schools, which was only 34,756 in 1837, was in 1843 found to be 42,720, and had increased in 1865 to 53,350. But it is worthy of remark, that the decrease in the number of private schools was confined exclusively to the secular schools. Out of 16,736 private schools existing in 1850, there were 12,888, viz: 4,563 schools for boys, and 8,325 for girls, which were directed by laymen; there were but 3,848, viz: 399 for boys, and 3,449 for girls, which had been founded by religious associations. In 1865 the proportion was entirely changed. Out of 16,349 private schools we find 9,847 secular schools; a decrease compared with 1850, of 3,041. But we find 6,502 schools directed by religious communities, that is to say, 2,654 more than seventeen years ago. The secular schools for boys, numbering 2,864, have 137,721 pupils; and those for girls, numbering 6,983, have 285,909; total, 423,630. The schools directed by religious communities are divided as follows: schools for boys, 646; for girls, 5,856. The boys' schools contain 1,973 pupils, of whom 56,488 pay no fee. The schools for girls have 143,775 pupils, of whom 156,738 are free. In the former the personnel of instruction includes no less than 2.314 masters and under-masters, and in the latter, 19,000 female teachers and under-teachers, Besides these schools belonging to the religious associations, their teachers direct 13,391 public communal schools, viz: 1,970 boys' schools, 8,322 girls' schools, and 1,099 schools common to the two sexes. (2.) In the mean time the clergy and numerous catholic families demanded that the same liberty of instruction should be extended to secondary institutions as guaranteed by the charter of 1830. After long and stormy discussion in the legislature, and in the press, and various unsuecessful attempts by the government to reconcile the conflicting claims of the friends of the university on one side, and of unrestricted liberty on the other, came the revolution of 1848, with its constitutional enactment, Instruction is free. Before a declaration so clear and precise, there was at once an acquiescence on the part of the differing advocates of restricted liberty, in the provisions of the law of March 17, 1850. By the terms of that law every Frenchman aged twenty-one may exercise the function of primary instructor, throughout France, if he is furnished with a diploma of ability; and every Frenchman aged twenty-five may establish an institution for secondary instruction, if he holds a diploma of bachelor, or a certificate from the proper authority that he has for at least five years exercised the functions of inspector or instructor in a secondary school. For primary instruction, in place of a diploma of ability may be substituted the evidence of three years' experience in the primary school, or of being a minister of religion, or the diploma of bachelor, or, finally, of the simple admission of the candidate into one of the special schools of the government, such as the Saint-Cyr, the polytechnic, or the forestry school. Letters of obedience take the place of diplomas for female teachers belonging to religious communities devoted to instruction and recognized by the state. For secondary instruction, the applicant may present, in place of the diploma of bachelor, a certificate of having passed successfully an examination similar to that for the baccalaureate, before a special jury, and not before a faculty. For the rest, the legislature declares those individuals incapable of having a school who have been condemned for crime or for an offense against honesty and good morals. But the law of 1850 does not maintain the inabilities which the former regulations, and especially article two of the ordinance of June 16, 1828, pronounced against the ecclesiastics engaged within the limits of a religious community. Such are the immunities, new in France, which the law of March 15, 1850, sanctioned. To prevent their abuse, the legislature has decided that the public authority, through the organ of the rector, the prefect or the imperial attorney, might, in the interest of the health of pupils and of good morals, make opposition to the opening of every new school. The justice of this opposition is decided by the departmental council, with liberty of appeal to the higher council of public instruction. Before the same judges must appear all private teachers who are accused of negligence in the exercise of their duties, of misconduct, or immorality; they are, according to the circumstances, censured, suspended, or even receive an absolute prohibition, incapacitating them from holding any office of instruction. The spirit in which the law was to be administered is expressed in the Circular addressed by the minister of public instruction (M. de Parien) to the new rectors: "I will place in the first rank of your obligations, sincere respect for that liberty which is, so to speak, the principle of the new law. Conceived and adopted with the avowed intention of freeing private instruction from the tutelage of the state, this law continues no one of the obstacles that the old legislation had established. It consecrates at once the liberty of the father of the family, and that of the citizen, who can henceforward, without previous authority, devote himself to the education of youth. It admits no opposition on your part to the opening of private schools, except in the interest of the public morals, the health of the pupils, or for lack of ability, as determined by law. In applying a legislation so liberal, in a manner conformable to the spirit that dictated it, your administration will not be tolerant merely, it will show itself when necessary, benevolent and protective. Everywhere that you see youth educated in the principles of order, morality and virtue, you will know that there is an institution useful to the country, and whose prosperity should be dear to you." The statistical results of making instruction free to parents and teachers-and to teachers, individual or associated, are as follows: on the first of January, 1865, there were 934 private establishments (147 less than in 1854) of secondary instruction, with 34,000 pupils, besides 264 clerical seminaries* with 20,000 pupils, an aggregate of 1,198 schools and 54,000 pupils. In the mean time the attendance in the state lyceums has increased from 19,265 in 1850, to 34,442 in 1865; and in the communal colleges, from 29,000 in 1850, to 32,000 in 1865. Liberty of instruction, properly guarded, while it has quieted opposition and satisfied the demands of families, has periled no interest, but helped the diffusion of knowledge and the elevation of public intelligence. (3.) Superior instruction, differing from primary and secondary instruction, has continued entirely subordinate in its exercise, to the discretionary power of the administration. To-day, no more than in 1808, no one may teach law, medicine, archeology, belles-lettres, in France, if he has not *Of the clerical seminaries, 13 belong to the Marists; 11 to the Jesuits; 1 to the Lazarists, 2 to the Basiliens; 2 to the Picpuciens; 1 to the Doctrinaires; 1 to the priests of the Perpetual Adoration; 1 to the priests of the Sacred fleart of Mary and Jesus; and 1 to the priests of Saint Joseph |