The American Sentinel 5
June 5, 1890
“The Bennett Law” The American Sentinel 5, 23, pp. 177-179.
THE Bennett law of Wisconsin has excited much discussion not only in that State but throughout the country. This law was enacted last year, going into effect April 18, 1889. The object of the law is to compel all the children between the ages of seven and fourteen years, to learn the English language. Every such child is compelled to attend school where the teaching is in English, “not less than twelve weeks in each year” under penalty of a fine of “not less than three dollars nor more than twenty dollars” for each offense; “and failure for each week or portion of a week on the part of any person to comply with the provisions of this act shall constitute a distinct offense.” Section 5 reads as follows:— AMS June 5, 1890, page 177.1
No school shall be regarded as a school under this act, unless there shall be taught therein, as part of the elementary education of children, reading, writing, arithmetic, and United States History, in the English language. AMS June 5, 1890, page 177.2
This law has incurred the open and determined opposition of the whole Lutheran body in the State, assisted by that portion of the Roman Catholics who speak German or other foreign tongues. The Lutherans seem to be the leaders in the contest. Illinois has a similar law, only worse if anything, and the Bennett-law contest in Wisconsin has awakened a much more active opposition to the Illinois law. The cause is one in both States. AMS June 5, 1890, page 177.3
In several papers that have discussed this matter we have noticed a singular misapprehension of the question at issue, and a misstatement of the reasons of the opposition. AMS June 5, 1890, page 177.4
1. The opposition is not to the public school in any sense. The Lutherans maintain the perfect right of the public school to exist; and willingly pay their proportion of the public-school taxes. AMS June 5, 1890, page 177.5
2. The opposition is not to the use, nor the teaching, of the English language in the public schools. The Lutherans cheerfully admit the right of the public school to teach the English language. AMS June 5, 1890, page 177.6
.3. The opposition is not to the English language itself, nor to its use. The opponents of the Bennett law do not prohibit their children from either learning or speaking the English language. They know full well that their children will learn English. They know that in the nature of things they cannot live very long in this country without learning it. They teach it in their schools, and speak it, and write it, upon occasion. AMS June 5, 1890, page 177.7
BUT
While admitting all this, they deny that the public school may teach religion, much less the religion which they believe; and they maintain their own exclusive right to teach their own religion to their own children, in their own schools, at their own expense, in their own native language, if they choose. AMS June 5, 1890, page 177.8
While maintaining the right of the public school to exist, they maintain likewise the right of the parochial school to exist. AMS June 5, 1890, page 177.9
While cheerfully paying their proportion of taxes in support of the public school, they maintain their right to pay what they please for the support of their own private school. AMS June 5, 1890, page 177.10
While they maintain the right of the State to use and to teach the English language in the State school, they maintain their own right to use and to teach the German, or any other language, in their own school. AMS June 5, 1890, page 177.11
While they cheerfully admit the right of the public to establish and maintain the public school, they deny the right of the public to turn their private schools into public schools. For that, in one sentence, is what the Bennett law means, and the Illinois law also. AMS June 5, 1890, page 177.12
The Bennett law requires that every child between the ages of seven and fourteen years shall attend school such period of time, not less than twelve, nor more than twenty-four weeks, in each year, as “shall be fixed” “by the Board of Education, or Board of Directors of the city, town or district;” “and such Boards shall, at least ten days prior to the beginning of such periods publish the time or times of attendance.” AMS June 5, 1890, page 178.1
The Illinois law requires that the children shall attend school “at least sixteen weeks,” with a penalty of not less than one dollar, nor more than twenty dollars “for every neglect.” “But if the person so neglecting, shall show to the satisfaction of the Board of Education or of Directors that such child has attended for a like period of time a private day school, approved by the Board of Education or Directors of the city, town, or district in which such child resides, etc., then such penalty shall not be incurred.” AMS June 5, 1890, page 178.2
The only effect of these laws is to make every private school a public school. The use of the term “private school” in the sections quoted is a misnomer; because when the public fixes the time or times of attendance at the school, and fixes what shall be taught there and how; when what is done must be “to the satisfaction” of the public authorities, and must be “approved” by the public authorities, then such schools are no longer private in any proper or legal sense of the word. AMS June 5, 1890, page 178.3
Yet these laws do not openly propose the abolition of the private schools, they only mildly propose to confiscate them—to turn them into public schools at private expense. These two States generously grant the right of the churches to establish church schools; but when the schools are once established, then the States merely assert the authority to turn them into State schools at the churches’ expense. The effect of these laws therefore is as clearly confiscation of property as need be. The State lays a public tax, collects it, and uses it under its own direction in the work of the public school. The people who hold church schools pay their proportion of the tax levied by the State. They pay all that the State asks. But besides this they as church members organize schools of their own in which to teach their own children the religion in which they believe, and whatever else they may choose; they use their own money to pay teachers, to build school-houses, etc. Then the State steps up and demands, “I must have all this too. These schools must be under my control; the teaching there must be to my satisfaction; in short they shall not be counted schools at all unless you teach there what I say shall be taught, and as I say it shall be taught. In other words, and to be plain about it, you must spend your money and teach your children as I choose and as I direct.” AMS June 5, 1890, page 178.4
That is precisely what these laws mean. The confiscation of the money and property however is a very small item, as compared with the usurpation of the place, and the authority of the parent and the Church. These laws are identical in effect, and almost identical in word, with a bill introduced in the New York Legislature, January 16, 1890, which the Union League Club unanimously denounced as “a dangerous and vicious bill,” and “in the line of the most vicious class of legislation with which we are afflicted;” and which met the death it deserved, and which it is to be hoped is everlasting. Any private or church school that obeys these laws thereby consents to the State’s assumption of authority to control the school, and dictate in its affairs. And if the State can say what any church or association of parents shall teach to their own children, and how it shall be taught, then there is no longer any such thing as parental or church authority to teach anything except at the direction and dictation of the State. The State has no more right to say what shall be taught in a private school, than a private individual has to say that his private views shall be taught in the public school. The State has not a particle more right to say what shall be taught in a church school, than a church has to say what shall be taught in the public school. AMS June 5, 1890, page 178.5
These are the grounds, and these the basic reasons, of the opposition to these laws in Wisconsin and Illinois. It is in defense of the American principle of the rights of the people, and of the Christian principle of religious liberty. AMS June 5, 1890, page 178.6
These compulsory school laws of Wisconsin and Illinois have not a scintilla of justice to rest upon. The principle is that of absolutism, the laws are but the assertion of it, and the defense of the laws is but the defense of it. We have read everything we could get hold of on the subject, from the laws themselves and Governor Hoard’s speech, to whatever else we could find on either side of the question, and we have found the principle of the laws and the defense of them to be absolutism only; and in all that has been said in defense of them we have not yet found a single valid reason. AMS June 5, 1890, page 178.7
As we have shown, the laws logically assert the right of the State to say that neither the parent nor the Church shall teach anything to the children except at the direction and dictation of the State, and so argue that the State is absolute. All the advocates of the laws have not asserted openly and in plain terms that this is so, but some of them have. The words of one such we give. The Chicago Tribune of April 8, 1890, gives the words of Mr. William C. Goudy, a well-known lawyer and political leader, as follows:— AMS June 5, 1890, page 178.8
The State has the power over its citizens. The State may even abolish the relations between parent and child, though as to the result of such an act I do not care to speak. The fact is that the law does interfere with the custody of children. Time and again children are taken away from both father and mother. AMS June 5, 1890, page 178.9
It is true enough that where parents maltreat a child, the State may, in fact it must, exercise its protective power in behalf of the child. Protection of the rights of the subject is what the State is for, and it must protect a child as well as a man. But it is only the assertion of the rightfulness of tyranny to argue from that the right of the State to abolish the relations between parent and child. It is a wicked spirit that turns the doing of a favor, into authority for an assertion of power—to make the exertion of a protective power in an exceptional case, the authority to assert a commanding or dictatorial power in all cases. AMS June 5, 1890, page 178.10
Further it is gravely argued that it is necessary to “the peace and safety of the State” that the State shall compel all the German and other children of foreign tongues to learn the English language. And it is America that says it. Well now, if all the people of Illinois and Wisconsin both should speak German, or Latin, or even Choctaw, we should like to know what calamity could threaten the peace and safety of either of the States from that source. Is every person necessarily a thief, or a murderer, or an outlaw who does not speak the English language? Is the peace or safety of States or communities never disturbed or threatened by people who speak English? AMS June 5, 1890, page 178.11
But if it is necessary to the peace and and [sic.] safety of the State that all the children of foreign tongues shall learn to read and write and speak English, why is it not necessary that the parents shall learn it also? Why jeopardize the peace and safety of the State all these years till all the parents the who do not speak English, and all the children learn to speak, read, and write English? Why is it not necessary, yea, much more necessary, that the parents be compelled to learn English as well as the children? Or is it a fact that the peace and safety of the State are endangered only by the children, and by such of them only as are between the ages of seven and fourteen years? AMS June 5, 1890, page 178.12
Besides, upon the theory of these laws that English can be learned only in school, not to compel the parents to use English is to continue the greatest possible hindrance to the children’s learning to use it. So long as the parents are suffered to use German in the home, in the shop, in the field, everywhere, it will be almost an interminable task, successfully to get the children to learn it. Why then do not Wisconsin and Illinois go about this work in the right way? Why not adopt the plan that will positively assure speedy and certain, and permanent results? Why does not each of these States enact a law—doubtless Mr. Bennett for Wisconsin, and America for Illinois, could easily frame the laws—declaring that after a pertain time, say three or six months, everybody in the State shall use the English language exclusively, or else have his tongue cut out? AMS June 5, 1890, page 178.13
That will bring the result, and speedily, which these present laws aim to secure. We know it will, for it has been tried with perfect success. Some years ago a certain province of Turkey spoke another than the Turkish language. This was deemed not to be good for the State. Therefore a decree went forth that after a certain time whoever should speak any language but the Turkish should have his tongue cut out. And we have it from a person who was there that the thing worked splendidly. It is true some of the people lost their tongues, but what was that, in view of the immense result accomplished—the peace and safety of the State! AMS June 5, 1890, page 179.1
And just now, even in this present month, that most excellent ruler, that father of his country, the Czar of all the Russias, has issued an edict, abolishing the Finnish tongue and establishing the Russian only, in all the schools in Finland. We are not informed what penalties are attached to the law, but undoubtedly the mildness of temper that is characteristic of this model ruler will be expressed in penalties at the most no heavier than are those of these kindred laws in Wisconsin and Illinois. AMS June 5, 1890, page 179.2
The opponents of the Bennett law in Wisconsin and its counterpart in Illinois are in the right. It is the same old contest of justice against despotic power, of private rights against public wrongs, of the freedom of the individual against the despotism of the State. They are in the right, and we wish them unbounded success. AMS June 5, 1890, page 179.3
Will the people of these two splendid States come back to the place of enlightenment and American civilization? Will they redeem themselves from the reproach of Russian and Turkish despotism? We earnestly hope they will. AMS June 5, 1890, page 179.4
A. T. J.
“Where the Difficulty Lies” The American Sentinel 5, 23, pp. 180, 181.
PROFESSOR BLAISDELL, of Beloit College, Wisconsin, in The Christian Union of May 8, criticises the decision of the Supreme Court of that State on the Bible in the schools. He raises the same cry as other enemies of the public school, that the public school is thus made godless, and says:— AMS June 5, 1890, page 180.1
There are multitudes of thoughtful people in Wisconsin who will say, If information about a Supreme Being, and addressed to the highest and most productive sentiments in the school training of my children is to be ruled out of our schools so that they become godless and morally colorless, we will have our parish schools. AMS June 5, 1890, page 180.2
Very well, such persons had better have their parish schools than to have the public school turned into a parish school. They had better teach their own children the religion which they want them to be taught, at their own expense, than to undertake to do it at other people’s expense. AMS June 5, 1890, page 180.3
To talk about the public schools being thus made morally colorless is another piece of sophistry, because those very persons claim that the religion to be taught shall not be dogmatic, nor sectarian. It must be of such a kind as that all may receive it with equal favor. And to demand that in a community where there are many different views, and where every man is free to think for himself, is only to demand that the teaching shall be morally colorless. The objection that the public schools are made godless and morally colorless, is a fraud. There is not a particle of fairness in it, and those who make it must know it, because it is difficult to conceive how men who can write as intelligently as these, can be so dull as not to detect the sophistry of their own argument. AMS June 5, 1890, page 180.4
The Professor next objects to the decision because if it is sound, then the State cannot teach religion in its asylums, for the blind, the deaf and the insane. Then he begins to beg his question by appealing to the sympathies of the people for these unfortunates. But that is no objection to the decision. If the State has the right to teach religion in its asylums and in the penitentiaries, then it has a right to teach it in the public schools. If it is right to teach it in the public schools, it is right to teach it everywhere else. The trouble is that those who argue this way miss the whole point, and that is, that it is impossible for the State to teach religion. Before the State can teach religion, it has to have a religion to be taught. And as the Supreme Court of Ohio just said:— AMS June 5, 1890, page 180.5
Properly speaking, there is no such thing as religion of the State. What we mean by that phrase is the religion of some individual or set of individuals taught or enforced by the State. The State can have no religious opinions; and if it undertakes to enforce the teaching of such opinions, they must be the opinions of some natural person or class of persons. If it embarks in this business, whose opinion shall it adopt?” AMS June 5, 1890, page 181.1
All that the State ever can do is to give a certain class of persons the power to force their views in religion upon others at the public expense. But the State had a good deal better let that be done at the expense of those who want to teach that doctrine. It is clear that the State cannot do it without at once making a distinction between its citizens and establishing a preference in religious things, which is only to establish a certain religion. AMS June 5, 1890, page 181.2
To the parent and the Church is committed by the Lord the task of teaching religion. It is the place and the duty of the Church to carry to the unfortunate tho consolations of religion, and even to criminals the hope of being made righteous. But the Professor argues that especially in the asylums for the deaf and blind, “young children are gathered for four, six, eight, or ten years in the forming period of life.” The idea is that these young children need careful training in religion and as the State has assumed charge of them, that therefore if they get such training, the State must give it. We are willing to admit that these young children, blind or deaf, should be taught religion and should be trained in righteousness, but, as it is only the parent and the Church to whom this work has ever been committed, it is they only who can do it. If the parents fail to do it, then it is the place of the Church to do it. If the Church fails to do it, then it goes undone because the State cannot do it. AMS June 5, 1890, page 181.3
The difficulty in this whole matter is that the Church in this and a good many other things, has proved recreant to her trust, and has deplorably failed to do the very work which belongs to her, which God has committed to her, and which the failure to do is a disgrace to her. And having done this, it is a poor plea for the Church to stand up and insist that the State shall teach religion to the children, and that the State shall not leave them godless when she herself, through the failure to teach them the religion of Christ has left them godless. AMS June 5, 1890, page 181.4
Next the Professor mentions the reform school and the penitentiary, and of the latter says:— AMS June 5, 1890, page 181.5
There is a penitentiary at Waupun, in the heart of our beautiful State, whither go up under sentence of these courts, and amid the deep solicitude of our people, five hundred vigorous young men annually to be recovered to citizenship, a problem concerning which the perhaps most successful and experienced criminal officer in America says, “I know of nothing which will solve the problem of penal discipline but the religion of Jesus Christ.” This decision, if it means anything, hazards the banishment of the religion not only of Jesus Christ, but of any religion whatever from that prison. AMS June 5, 1890, page 181.6
To be sure it does, so far as any teaching by the State is concerned. But it does not preclude the Church from doing her work, that which is committed to her, of teaching these persons the religion of Christ. By the way, does Professor Blaisdell mean hereby to intimate that “any religion whatever” should be taught to anybody, but the religion of Jesus Christ? If so, what religion should it be? and how much would they be bettered? AMS June 5, 1890, page 181.7
But, aside from this, these people do not go to the penitentiary to be reformed; they are not sent there for that purpose. They are sent there in punishment for the crimes they have committed, and that their fellow citizens may be protected from their, further depredations. It is a false theory—this mawkish sentimentalism—that the criminal is unfortunate, and that it is misfortune that overtakes him when he is convicted of his crime and sentenced to the penitentiary to pay the penalty. He is not unfortunate, he is bad. It is not misfortune, but justice that has overtaken him. It will not do to give the criminal to understand, as this theory does, that his conviction and the infliction of the penalty is a misfortune, it will not do for the State to undermine its own authority, destroy respect for its own laws, and put a premium upon crime, by counting justice a misfortune. AMS June 5, 1890, page 181.8
We admit that the religion of Jesus Christ will solve the problem, not only of penal discipline, but of parental and every other kind of discipline; but it is impossible for the State to apply it either in the penal institutions or anywhere else. Besides if the State is to apply this remedy in penal institutions, why shall the State not apply it outside? If the State is to teach the religion of Jesus Christ to people in the penitentiary to make them good while they are there, and to keep them out when they get out, why shall not the State teach that religion to the people before they get into the penitentiary, and in order that they may not get in there? And if the State shall do this then what is there for the Church to do, and what is the Church for? AMS June 5, 1890, page 181.9
Thus, and so surely, does the State become a Church, and a Church the State, by every theory that would have the State undertake to the slightest extent the work of teaching religion. And every plea that the State shall do so is a confession that the Church either has no place in the world, or else has forgotten her place. AMS June 5, 1890, page 181.10
A. T. J.