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In 1904, the Mississippi legislature instructed the textbook commission to select a uniform series of textbooks in United States history, civil government, state history and other subjects, and took occasion to prescribe that "no history in relation to the late civil war between the states shall be used in the schools in this state unless it be fair and impartial,...."

Presumably of like character was the action of North Carolina in 1905. In "An Act to Promote the Production and Publication of School Books relating to the History, Literature or Government of North Carolina for use in the Public Schools," there was appropriated ,000 for the years of 1905 and 1906 for the state board of education "to encourage, stimulate and promote the production and to procure the control and publication of such books as in the judgment of the board properly relate to the history, literature and government of North Carolina."

Florida's sectionalism was openly avowed in her "Act for Providing a Method of Securing a Correct History of the United States, Including a True and Correct History of the Confederacy, and Making an Appropriation for such Purpose." The act declared: "Whereas, no book called History, which does not tell the truth or withholds it, is worthy of the name or should be taught in public schools; and,

"Whereas, the South is rich in historical facts that are either ignored or never mentioned in the so-called histories taught in our schools; and,

"Whereas, the Southern States have been derelict in their duty to posterity in not having provided for past and future generations a history that is fair, just and impartial to all sections"; therefore it was enacted that Florida appropriate 00 as her share toward a fund of ,500 to be offered as a prize to the person writing the "best history of the United States in which the truth about the participation of the eleven states" be told.

In the creation of a textbook board in 1907, Texas regarded it essential that a uniform series of books be selected among which there should be textbooks on the history of Texas, civil government and United States history, in which "the construction placed on the federal constitution by the Fathers of the Confederacy shall be fairly presented."

A uniform series of textbooks not of a partisan character were prescribed by laws in Georgia, Alabama, Mississippi, and Kansas, and included the subjects of United States history, state history, and civil government. Louisiana, Indiana, and Kansas added ancient, medieval and modern history textbooks to others previously prescribed. In 1901 Nevada included the history of the United States among the textbooks to be prescribed by the state board of education, and Idaho, in 1907, imposed the choice of a civil government textbook and one in United States history upon her State Board of Textbook Commissioners and the superintendent of public instruction. In 1913, California directed her state board of education to revise the state series of textbooks which included United States history.

Four states, during the period, in addition to three commonwealths which named "partisan" textbooks, enacted laws to exclude histories held to be sectional in spirit. Legislation in all other cases dealt with provisions for a uniform series of textbooks. The statutes of Louisiana, Indiana, and Kansas showed the expansion of the social study curriculum in providing for textbooks in ancient, medieval and modern history. Georgia, Alabama, Mississippi and Kansas regulated the purchase of textbooks in state and national history and in civics. In California, Ohio, New Mexico and West Virginia provisions were made relative to state history textbooks, and Idaho and Nevada in their laws recognized a need for textbooks in civil government or United States history.

FOOTNOTES:

Eighteen states.

See chapter VI for a discussion of the activities of the G. A. R. in the North and of pro-Southern groups in the South to direct the content of history textbooks.

No attempt is made to treat legal holidays where the law requires observance by simply specifying the dates of such days. They are discussed only when the enactments indicate patriotic exercises to be held within the public schools, or where the purpose of teaching history through the observance of such days is stated.

THE EFFECT OF THE WORLD WAR ON LAWS FOR TEACHING HISTORY

THE CURRICULUM

When the Fathers of New England adopted the famous laws of 1642 and 1647, they acted on the belief that by the school the character of the nation can be moulded. Throughout nearly three centuries of development the confidence of the American people in the regenerating power of the public school has grown. They have come to hold high faith in education as an effective tool for the conservation and promotion of national well-being. In each epoch, the school has attempted to accommodate its offerings to the demands of the time, thereby reflecting the needs of a people whose point of view is constantly changing. First conceived as a force in the religious life of the people, the school soon became an instrument for the development of "morality, virtue and good behavior." The latter eighteenth century captured the vision of a people fired with patriotism and service to the state, and then by a citizenry trained to "preserve and perfect a republican constitution." The occasion of a diverse and scattered electorate caused by the democratic awakening of the Jacksonian era compelled acceptance of the theory that it was a duty of the state to provide education for all. After the Civil War, a renewed faith in nationality and a realization of the economic and social demands of the time left their imprint upon the public school curriculum.

The opening of the twentieth century witnessed the expansion of the "citizenship aim" to include training for efficient participation in a complex social and industrial life. Since then, many traditional subjects of the previous period have been superseded by those tending to give point to the new aims in education; and of the traditional subjects retained many have been refashioned to fit a new and present-day point of view.

This wider horizon has tended to encourage to a greater degree than hitherto the introduction of many social studies, including economics, sociology and foreign history. Although encumbered with survivals, the history curriculum of the twentieth century has sought independence of purely political and military events and has striven for a scientific presentation of historical truths which should fit for "complete living." This new viewpoint was well exemplified in the report of a committee of the National Education Association in 1916, which proposed a six year course in the social studies from the seventh to the twelfth grades, stressing the teaching of practical and present-day problems.

Shortly thereafter the United States entered the World War. America at once faced not only the necessity of mobilizing the economic and military resources of a country unprepared for war, but also that still more difficult problem--the consolidation of public opinion. Various agencies were created for the express purpose of co?rdinating the spiritual resources of the country. Such was the design of the Committee on Public Information. Speakers and writers gave freely of their talents, and "hyphenism" and pacifism were driven to cover. The Espionage Law betrayed the apprehension of the federal government regarding unbridled speech and writing, and sedition laws in different commonwealths served to arrest an open opposition to the War.

Following the War the fear of radicalism and disloyalty to the established institutions of the country continued to express itself in drastic legislation. In the public schools, the desire to develop an unalloyed patriotism proved the motive for the passage of statutes to promote a dynamic loyalty. In general, these laws relate to the teaching of patriotism through instruction in the history and government of the United States, open affirmations of loyalty by the teaching personnel, the exclusion of alien teachers from the public schools, flag legislation and observance days, enactments regarding textbooks, and the Americanization of foreigners. Practically all legislation since 1917 dealing with the curriculum contains provisions pertaining to the social studies, and the greater amount reflects the wartime glow of patriotic enthusiasm.

In 1917 three states passed regulatory provisions respecting the curriculum. Vermont's legislation dealt with four-year high schools and required the teaching of the political and social sciences. On February 17, Montana approved a law which called for instruction in United States history, the history of Montana, and state and federal civics among other required subjects for the elementary school, and three days later Arkansas approved a similar law. New Hampshire, Connecticut, Pennsylvania, Kentucky and Texas continued laws enacted at a previous time, and Delaware, through legislation in 1919 gained the unique distinction of prescribing "community civics" besides the history of the nation and of the state. Alabama and Georgia under laws designed primarily to prescribe a uniform series of textbooks included in the list of studies for which textbooks were mentioned, the history of the state embracing the constitution of the state, and the history of the United States with the constitution. In Tennessee, to the requirement of United States history for the elementary schools, was added in 1917 the study of the federal constitution in the secondary school curriculum. Texas placed distinct emphasis upon the teaching of state history through a regulation insisting that this "history be taught in the history course in all public schools" and "in this course only." The popularity of civil government, state history, and United States history is further proved by South Dakota's prescription in 1919.

Laws for dynamic patriotism were initiated by a statute of California in 1917. One of the mildest of the laws of this type, its chief purpose was training in the duties of citizenship through the study of United States history, with special reference to the history of the Constitution and the reasons for the adoption of each constitutional provision. Instruction in local civil government was provided for as well, with a specific statement regarding instruction in the duties of citizenship.

In 1918, South Dakota, Texas and New York placed upon their statute books laws that were likewise a direct outgrowth of the war spirit. In the first two states, patriotism, the laws declared, should spring from lessons of "intelligent patriotism" inculcated by special exercises. The South Dakota law specified an hour a week in the aggregate, to be devoted in both public and private institutions "to the teaching of patriotism, the singing of patriotic songs, the reading of patriotic addresses and a study of the lives and history of American patriots." Should an instructor, school officer or superintendent fail to enforce obedience to the law the statute provided for a fine of not less than five dollars nor more than one hundred dollars, or imprisonment in the county jail from five to thirty days, or both. In the case of the malfeasance of a teacher, the superintendent of public instruction had the power to revoke his certificate.

In Texas, the law declared that "the daily program of every public school should be so formulated that it includes at least ten minutes for the teaching of lessons of intelligent patriotism, including the needs of the State and Federal Governments, the duty of the citizens to the State, and the obligation of the State to the citizen." The statute concluded with this statement: "The fact that this nation is now at war with a foreign foe, and that the strength of a government of the people, by the people, and for the people must necessarily come of its citizenship, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and that this act shall be in force from and after its passage, and it is so enacted."

New York's statute, known as the Lusk Law, is the most conspicuous of all of the laws of this period because of its drastic character and its later applications. This law became effective September 1, 1918. The phase of the law relating to instruction had two parts: one prescribing courses of instruction in patriotism and citizenship, the other specifying rules for inspection, supervision, and enforcement of the law.

"In order to promote a spirit of patriotic and civic service and obligation and to foster in the children of the state moral and intellectual qualities which are essential in preparing to meet the obligations of citizenship in peace or in war," the law declared, "the regents of the university of the state of New York shall prescribe courses of instruction in patriotism and citizenship to be maintained and followed in the schools of the state. The boards of education and trustees of the several cities and school districts of the state shall require instruction to be given in such courses, by the teachers employed in the schools therein. All pupils attending such schools, over the age of eight years, shall attend upon such instruction."

The statute further prescribed similar courses of instruction for private schools, and was required of all pupils over eight years of age. In case such courses were not maintained in the private school, attendance upon instruction in such school was not deemed equivalent to instruction given to pupils of like age in the public schools.

The law empowered the regents of the University of the State of New York to determine the subjects to be included in courses in patriotism and citizenship, and to arrange such other matters as were required for carrying into effect the objects and purposes of the law. The commissioner of education was made responsible for its enforcement, and to him fell the supervision and inspection of instruction. He was given authority at his discretion to withhold, from a school district or city, school money, if the authorities neglected such courses or failed to compel attendance upon such instruction.

In 1918, Massachusetts subscribed to training in the duties of citizenship, including United States history, civil government, and thrift in her public schools; and two years later, in a statute relating to all elementary and secondary schools, she prescribed "courses in American history and civics for the purpose of promoting civic service and a greater knowledge of American history and of fitting the pupils, morally and intellectually, for the duties of citizenship."

In 1919, New Jersey, Pennsylvania, Ohio, Iowa, Kansas and Washington passed laws of like character. Although each embodies certain distinctive features, yet all assert a belief in the study of American history and government as a preparation for a patriotic citizenship.

The New Jersey law contains concrete requirements. In each high school, courses of study in "Community Civics" and in "Problems in American Democracy" were prescribed through the agency of the Commissioner of Education, with the approval of the State Board of Education. The law required that "Community Civics" be completed not later than the end of the second year, and the course in "Problems of American Democracy" be commenced not later than the beginning of the third year. Sixty full periods of not less than forty minutes each were specified for the teaching of these subjects. For the elementary grades, the geography, history and civics of New Jersey were prescribed. These courses of study, the law provided, "shall be given together with instruction as to the privileges and responsibilities of citizenship as they relate to community and national welfare with the object of producing the highest type of patriotic citizenship."

In Pennsylvania, too, it has become a duty of the state superintendent of public instruction to prescribe "a course of study conducive to the spirit of loyalty and devotion to the state and national governments," and for all elementary public schools instruction in the history of the state and nation, including the elements of civil government. For the seventh and eighth grades Ohio prescribed civil government and United States history; and Iowa, as a prerequisite to graduation from any high school, required a course in United States history and civil government for one year, as well as the offering of a semester of social problems and economics in a four-year high school. In Kansas, where the course in civil government and United States history was designed for the elementary grades, provision was made, in the case of noncompliance with the law, for the closing of the school by the action of the county attorney or the attorney-general. It was in a like spirit with other commonwealths that Washington declared the "study of American history and American government" to be "indispensable to good citizenship and an accurate appreciation of national ideals." A similar provision, with the aim of promoting "Americanism" and in training in the "ideals and principles underlying the government of the United States," met defeat in Maryland in 1920 by the veto of the governor.

The year 1921 was particularly prolific in legislation of a wartime character. A variety of expression but a unity of purpose continued to be in evidence. Laws were enacted in Maine, New Hampshire, Wisconsin, Michigan, Illinois, Iowa, Nebraska, Oklahoma, Colorado, Utah, Arizona, Nevada, New Mexico, and California.

The Maine statute prescribed the teaching of American history and civil government in all elementary and high school grades, both private and public, and made these subjects a requirement for graduation from all grammar schools. The law of her neighbor, New Hampshire, required the reading of the constitution of the United States and of New Hampshire "at least once a year in the last grade below the high school."

In line with the other states Michigan declared, by a statute of May 17, 1921, that the study of the state and federal constitutions should begin not later than the eighth grade and continue throughout the high school course to an extent to be decided upon by the state superintendent of public instruction. In Wisconsin, provision was made for instruction in the history and civil government of the United States and of Wisconsin, and in citizenship, and Illinois, on June 21, 1921, passed "An Act to make the teaching of representative government in the public schools and other educational institutions in the State of Illinois compulsory." This law endorsed the teaching of patriotism through a knowledge of "the principles of representative government, as enumerated in the Declaration of Independence and the Constitution of the United States and the Constitution of the State of Illinois," and was required in all schools maintained in whole or in part by state funds. The law provided, also, for one hour of such instruction each week in the seventh and eighth grades, with an equal amount of time in the high school.

On March 31, 1921, Iowa added to her requirements a provision that all public and private schools should give regular courses of instruction in the constitution of the state and nation, beginning not later than the eighth grade and continuing in the high school to an extent to be determined by the superintendent of public instruction. A Nebraska statute of that year established for all schools courses in American history and civil government to give "a thorough knowledge of the history of our country and its institutions and of our form of government."

In Oklahoma, instruction in American history must commence in the primary grades of all schools, both public and private, beginning with the lowest and continuing through all primary years, with the privilege of substituting state history in one of the grades. For this instruction, there should be allotted at least one hour each week. It was specifically stated that the purpose of the statute was to instil in the hearts of the pupils "an understanding of the United States and of a love of country and devotion to the principles of American government," and that "such instruction ... shall avoid, as far as possible, being a mere recital of dates and events." For the high school, at least one full year's work in American history and civics was required, and no college, normal school, university or chartered institution of learning in the state was allowed to confer a degree until a student had passed a course in American history and civil government.

The social study requirement of Colorado for her public schools consisted of the history and civil government of the state, and Arizona in her law specified that not less than two years' instruction in civics, economics, and American political history and government be provided for all common schools, high schools, normal schools and universities. Nevada, in her enactment of February 24, compelled all schools including colleges, save exclusively scientific schools, to teach American history, history of the state, and American civil government. Included as a part of this law was a provision for patriotic exercises for at least an hour in each school week. New Mexico, declaring that the passage of a law prescribing the teaching of national and state history and government was "necessary for the public peace and safety," made the statute effective immediately, and California again essayed an endorsement of the history of the state and nation with emphasis upon the adoption of the Constitution.

An adherence to the early method of endorsing the teaching of patriotism characterized enactments in Idaho, Nevada, and Utah. In the last state, instruction "tending to impress upon the minds of the pupils the importance and necessity of good manners, truthfulness, temperance, purity, patriotism, and industry," was prescribed in connection with the regular school work. Nevada, four years before the passage of Utah's law, provided for civic training in her high schools, whose purpose was to "inculcate a love of country and a disposition to serve the country effectively and loyally," both in times of peace and of war.

Idaho, through the office of the teacher, continued the practice of prescribing the teaching of patriotism as a duty of the teacher through that intangible method of impressing upon the minds of the pupils "the principles of truth, justice, morality, and patriotism." Wisconsin, also, sanctioned moral instruction through training by the teacher.

Since 1923, nineteen states have passed laws affecting the social study curriculum. In general, their purpose is to instil "into the hearts of the various pupils ... an understanding of the United States, ... a love of country, and ... a devotion to the principles of the American Government."

Through statutes passed in 1923, Arkansas, Mississippi, Ohio, Tennessee and West Virginia require the teaching of United States history and the Constitution; and Kansas adopted the same requirement in 1925. Instruction in the federal constitution is prescribed in Alabama, Idaho, New Jersey, Oregon and Utah by enactments in 1923, and in New York by a law of 1924. Statutes in Delaware and North Carolina require the study of the constitutions of the nation and the state, and Texas adds to that regulation a recommendation that special emphasis be placed on "the guarantees contained in the Bill of Rights." The Minnesota law prescribes for all schools "regular courses in the Declaration of Independence and the Constitution of the United States, to an extent to be determined by the State Commissioner of Education." In New Mexico a similar enactment requires an understanding of the Declaration of Independence, as well as a knowledge of state and national history and government.

For her schools California establishes "regular courses of instruction in the constitution of the United States, including the study of American institutions and ideals," and Georgia adopts a similar requirement adding the study of state government. In both states it is provided that no pupil shall receive a certificate of graduation who has not passed satisfactorily examinations in the required subjects.

Substantially all these enactments provide that instruction in the required subjects shall begin in the elementary grades, continue in the high school and in courses in state colleges, universities and educational departments of state and municipal institutions to an extent to be determined by the superintendent of public instruction or by the state board of education.

Endorsement of the study of the Constitution was given by Congress in March, 1925, when the Senate passed a House resolution expressing "the earnest hope and desire that every educational institution, whether public or private, will provide and maintain as a part of the required curriculum, a course for the study of the Constitution of the United States...."

The many laws enacted during the years following the World War are indicative of the high value placed upon the social studies as an essential part of education. Besides laws requiring the teaching of these subjects purely for their content, many enactments express a high faith that the social studies will serve to inculcate patriotism and to train for citizenship. Forty-three commonwealths have engaged in legislation of this character since 1917, and all states have at some time endorsed history as a required subject in the public schools.

OATHS OF ALLEGIANCE AND CITIZENSHIP FOR TEACHERS

Few laws requiring American citizenship and oaths of allegiance, in the case of teachers, appeared on the statute books prior to 1914. The World War precipitated the movement for enactments which insist upon an openly avowed loyalty, as well as upon a teaching personnel consisting of citizens only.

In 1915, three states enacted anti-alien laws for teaching. A Michigan statute required a teacher, if twenty-one years of age, to be a citizen of the United States. Nevada directed the superintendent of public instruction, the regents of the state university and school trustees to dismiss "any teacher, ..., professor or president employed by the educational department of this state who is not a citizen of the United States; or who has not declared his or her intention to become a citizen." The law forbade any state controller or county auditor to issue salary warrants to the persons mentioned, in case of non-citizenship.

In California a law of 1915 prescribed that "no person except a native-born or naturalized citizen of the United States, should be employed in any department of the state, county, city and county or city-government of this state." An exception, however, was made in favor of teachers who had declared their intention to become naturalized and of any native-born wife of a foreigner.

In 1917, the one hundred and fortieth session of the New York legislature gave its assent to a bill which has become known as one of the Lusk laws. This law reflects precisely the same sort of apprehension which moved some of the legislators of the Civil War period. It became the precursor of three others of a like nature, one in 1918, one in 1919, and one in 1921. The law of 1917 related to treasonable or seditious utterances by teachers, the second and third to the granting of teachers' licenses to citizens only, and the fourth to the employment of teachers who have criticized the government of the United States.

The law of 1917 relating to freedom of speech prescribed that "a person employed as superintendent of schools, teacher or employee in the public schools, ... shall be removed from such position for the utterance of any treasonable or seditious act, or acts, while holding such position." The laws of 1918 and 1919 made citizenship an essential qualification for becoming a teacher. Any person employed as a teacher on April 4, 1918, however, who was not naturalized, was given permission to remain in his position provided he, within a year, should make application for citizenship. The law of 1919 exempted from the foregoing requirement teachers who were citizens of the Allied Powers in the World War, and who had been employed as teachers in the New York schools on or prior to April 4, 1918, provided that "such teacher make application to become a citizen before the first day of September, 1920, and within the time thereafter prescribed by law shall become such citizen."

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