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and administer its own affairs independently, and shall remain in possession of the institutions, foundations and funds set apart for its religious worship, its educational affairs and charitable works. Art. 21, A sufficient number of public schools for the education of the young shall be provided for. Art. 22, To give instruction, or to found and direct institutions of learning, is open to every one, provided he can give to the proper authorities of the State sufficient proofs of good morals, scholarship and technical capacity. Art. 23, All public and private institutions of learning are under the supervision of councils organized by the State. Art. 26, A special law regulates all educational affairs. Art. 112, Until the law provided by Art. 26 takes effect, school and all educational affairs shall be governed by the existing legal regulations.

The execution of Art. 26, has thus far been deferred by the political uncertainties to which, in consequence of its new Constitution, the State has been subject to, and yet a complete instruction law, already prepared under the ministry of Bethmann-Hollweg, had been presented to the consideration of the Chamber of Deputies. A real practical want in school-affairs, or the absolute necessity of that law, had as yet not been sufficiently felt to urge its adoption, although in many respects, especially in the relations between the provincial school-counselors and the directors, more definite regulations had become necessary, especially to prevent that by too great a centralization and bureaucratic interference with the local administration of schools, obstacles might be set to the free and cheerful government of the directors, in the selection of whom such great care is taken.

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The Magdeburg "order of visitation" (1563) required that "the magistrate, with the pastor and superintendent, should appoint the schoolmaster." This collateral right of city patronage has at all times been exercised in Prussia; it was only for the position of director in gymnasiums that the royal approbation was introduced in 1810. The service-instruction for the provincial consistories, Oct. 23, 1817, granted to these councils the right of appointment, advancement or confirmation of teachers in secondary-schools; for the directors and professors, the sanction of the Department had to be obtained. In consequence of the inquests made into the demagogic revolutionary movements of 1819, the filling and confirmations of the above named positions was forthwith transferred to the Department, and the election of directors (1836) became again subject to royal confirmation. The royal regulation of Dec. 9, 1842, determined then that the appointment, advancement and confirmation of teachers for gymnasiums, real-schools and higher burgher schools, be incumbent on the provincial school-board, but subject to the acceptance of the Minister of Public Instruction. The directors were to be elected by the king and respectively confirmed; as a general thing, the minister awaits, in regard to positions of royal patronage, the propositions of the school-collegium. The cabinet order of Nov. 10, 1862, established the following regulation,

at present in force:-"The acceptance of the minister is only to be secured by the provincial school-colleges in cases of superior teachers for gymnasiums, real-schools of the first order, and the authorized progymnasiums, as well as for the rectors of the latter; and, from the royal government, only for the superior teachers and rectors of the real-schools of the second order, and the institutions recognized as higher burgherschools. In regard to the position of director, it remains the same as prescribed in the royal regulation of Dec. 9, 1842. The installation of the director takes place through a member of the royal supervisioncouncil, and eventually through a royal compatronal commissary; the city patronage is, on this occasion, represented by deputies."

After the establishment of the literary commission for examination, a great stress was laid, in the appointment of teachers, in addition to their proper qualifications, upon their moral capacity and political integrity. The instruction of May 25, 1824, (by Altenstein,) stated that “in the appointment of teachers the invariable principle should be laid down, that public institutions do not reach their object by the mere literary culture of their pupils, or the prevention of corrupt and injurious sentiments or habits, but that whilst giving all proper attention to scientific culture, it was necessary also to inspire and awaken in the pupils sentiments of affection, fidelity and obedience towards the sovereign and the State, and that, for that reason, the situations of teachers should be particularly given to those that, in this last respect, deserve full confidence." The matter of moral requirements of teachers is still further treated in the circular of Feb. 6, 1847, (Eichhorn,) and in that of Dec. 20, 1848, (Von Ladenberg.) The latter says: "The teacher of a public school must, besides his literary attainments, possess also a moral culture, which may enable him to serve in every circumstance as an example to his pupils. His highest aim should be to remain faithful to his self-chosen vocation, to avoid in his instruction and in his intercourse with his pupils, all that would be calculated in any way to prevent their sound development, all that could not be conceived or properly appreciated by them, or any thing that could exercise a bad influence upon their religious sentiments, of whatever persuasion they might be, or on their ideas of what is noble and good." The circulars of Jan. 22 and June 12, 1851, (Von Raumer,) and of Jan. 2, 1863, required of the school-collegiums, in appointments and advancements, to examine into the private and professional career of the applicants, and to see especially that no blame be attached to their domestic and public life.

Among the formal requirements for an appointment are the release of military service, or the certificate of being acquitted from the same. Dissenters and Jews are excluded from public teacherships.

The regulation of Feb. 6, 1847, lays a special stress upon the election of the directors :-"The importance of the pedagogic power of a man," it says, "shows its full significance when the question comes to intrust the direction of a gymnasium to the right man. The necessary literary

culture in this case is easily found out, but it is much more difficult to obtain the proof that the future director possess not only a just estimate of the relations in life, but be also endowed with the proper sentiments and firmness of character, and such a personal appearance as will inspire respect and confidence, so as to command the general esteem of the corps of teachers, and by this and a consistent and steady government, may be enabled to train the young in all the sentiments of religion, in love of country, and a conscientious fidelity under all circumstances in life."

The formally-appointed teachers, immediately after receiving their appointment, take the oath; to those of institutions of royal patronage, it is administered by the Director, to those of city patronage, by the magistrate. The oath-formula of Feb. 12, 1850, was: “I·

swear, by the

almighty and all-knowing God, that, having been appointed to by his royal majesty of Prussia, my most gracious sovereign, I, his subject, will in all things be faithful and obedient, and fulfill the duties of my office according to my conscience, and the best of my knowledge, as well as carefully observe the Constitution. So help me God." Every one is free to add to this oath any confirmatory formula which his religious sentiments may dictate. The technical and provisionally-accepted teachers are pledged by shaking of hands. The time of service, in regard to pension, dates generally from the day of taking the oath.

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When the designation for a certain directorship has taken place, the Colloquium pro rectorata is held before the regular commission for examination, to inquire into the qualifications of the person designated, and see whether the candidate possess the degree of philosophical, pedagogic and literary culture necessary for the judicious supervision and direction of the whole establishment of a higher institution. The directors of the royal gymnasiums and real-schools are salaried by the king, those of city patronage receive in addition to their regular salary a gratification, through the Minister of Public Instruction. The appointment document reads as follows:-" We, by God's grace, king of Prussia, declare and announce hereby, that we have been pleased to appoint-as director —. This appointment is made in the confidence that he will remain invariably true to ourselves and our royal house, and will discharge the duties of the office intrusted to him in all its details, with zeal and regularity; the same will thereby enjoy all the rights connected with his present situation, as well as our highest protection." The appointing documents for institutions which do not come under royal patronage, contain in some parts of the country statements of a more special and detailed character concerning the duties and rights of the office; as, for example, in Königsberg (Prussia,) that the director can not engage in giving private lessons; at Stolpe, in Pomerania, that the director should make it the object of his usefulness to see to the Christian education and instruction of the pupils intrusted to him, basing the same upon the Word of God, such as it is defined in the Lutheran Catechism; at Nordhausen, that the director should give particular attention to the religious

education of the young, and see that the Word of God as contained in the Scriptures and repeated in the catechisms of the Evangelical Church, be duly presented to them. The obligatory duties and rights of the directors are contained in the documents of 1823 to 1856, given to the single provinces under the name of twelve service instructions, the purport of which agrees in general with all the rest. Since these instructions give the best representation of the importance which the State council attached to all educational affairs and their respective departments, the chief points of the general instructions concerning the object and import of the office and official position of the directors, will be here indicated, such as they are contained in the Pomeranian Instruction of May 1, 1829.

§ 2. "In order that the director or rector may enjoy free action in the discharge of his duties, and that the necessary unity may be obtained in his administration and supervision, it is declared that the whole school, with its several classes, its respective officers and pupils, come under his immediate authority." To that effect "he shall (a) enjoy in all his public relations as president and representative of a higher institution, all the respect and proper distinction which is due to the position. He is the mediator between the school and the parents and councils, and reports and directs all the transactions of the institution. Upon him devolves the responsibility to watch the spirit and tendency of the institution, and the obligation to give at all times full information of its condition, on all general and particular points." (b) "His relation towards the faculty is that of a superior and of a co-laborer in a common work." "He has to indicate to every teacher the sphere of his activity according to the general plan, and to observe his professional and moral life." "No teachers are allowed to refuse accepting or fulfilling any official duties be may see fit to lay upon them; yet, should they be overburdened, they can refer the case to the provincial school-collegium." "In the meetings of the board of teachers, which the director can call together as he thinks proper, the transactions are conducted by him, as president, and in cases of disagreement, his vote decides the majority. If from a certain decision the director should have cause to fear the institution would suffer, he must refer the case to the council; according to the Brandenburgian Instruction, his opinion still decides the case; the question at issue and the causes of disagreement being stated in his report." (c.) "All pupils are subject to his supervision and discipline. To him are referred all cases provided for by the school laws, or whenever just objections are made against the course pursued by a teacher." "The lower officers and servants of the institution are under his special supervision and control." (d.) He has the direction of all classes, and departments connected with the establishment.”

§ 5. "The director shall, as often as the opportunity presents itself, confer with the parents or guardians about the progress of the pupils, to which the regular reports will give sufficient occasion. In regard to any

serious misdemeanor on the part of the pupils, he must inform those in charge of them.”

§ 7. "He is bound on his own accord to acquaint the royal schoolcouncil of all that concerns the internal and outward condition of the school, and in all important circumstances, whether relating to the duties or rights of the faculty, to the order of instruction or discipline, or to any particular branch of the institution, he must consult the same."

The following is contained in the Brandenburgian Instruction :—

§ 9. "In the selection of regular class-professors, the director must exercise all possible care and judgment. According to the cabinet order of Oct. 24, 1837, the class-professors are designated by the school-collegiums, which regulation however rests practically upon their approbation of any candidate proposed by the director."

10. "The censorship meetings must be held by the directors three or four times a year, at a fixed period and with due solemnity, and in the presence of all the professors of the institution."

§ 14. "In regard to the plan of instruction, it belongs still to the province of the director to design the plan of lessons for the scholastic year, and to assure himself regarding the carrying out of the same throughout all the classes, and to arrange the public and private examinations.

15. "In the drawing up of the plan of instruction, the opinion of the several professors shall be taken into consideration, and their wishes, if reasonable, be duly regarded. If any one teacher has too great an amount of written exercises to correct in his department, this labor must be equalized in another direction by less laborious lessons. The plan of lessons must be laid before the provincial school-collegium in the first days of March and September, and no teacher is allowed to depart from it of his own accord or to introduce any other text-book than the one already adopted."

16. "The director is bound to visit frequently the several classes of the institution in order to convince himself that the order of instruction is carried out, as well as to inspect the disciplinary condition of the same. It is also important that during the course he examine in turn the compositions of the pupils in their various classes."

§ 17. "Every transference of pupils from a lower to a higher class has to be preceded by an examination; the director himself decides upon his own responsibility, whether a scholar is ready to be transferred or not."

§ 18. "In regard to the public examinations, the director must see that in a certain space of years the teachers and classes take their turn." (The latter however is never practically carried out.)

23. The director must so inquire into the morals, industry and progress of each pupil, as to be able at all times to give their parents and guardians due information of the same; he must also in the conferences of the meetings of the board of teachers, be so informed of every thing pertaining to the institution, as to give his advice and decide any case relating to school instruction and discipline. In the distribution of pre

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