1 Tyack, David, “The Kingdom of God and the Common School: Protestant Ministers and the Educational Awakening in the West,” Harvard Educational Review 36, no. 4 (December 1966): 447–69.Google Scholar

2 Most histories of the common school movement concentrate their analysis on the Northeast. See Cremin, Lawrence, The American Common School: An Historic Conception (New York: Teachers College Press, 1951); Katz, Michael B., The Irony of Early School Reform: Educational Innovation in Mid-Nineteenth Century Massachusetts (New York: Teachers College Press, 2001); Katz, Michael B., Reconstructing American Education (Cambridge, MA: Harvard University Press, 1987); Kaestle, Carl, Pillars of the Republic: Common Schools and American Society, 1780–1860 (New York: Hill and Wang, 1983); and Reese, William, America's Public Schools: From the Common School to No Child Left Behind (Baltimore: Johns Hopkins University Press, 2005). For two accounts that challenge the tendency for educational historians to focus exclusively on New England, see Newman, Joseph W., “Antebellum School Reform in the Port Cities of the Deep South,” in Southern Cities, Southern Schools: Public Education in the Urban South , ed. Plank, David N. and Ginsberg, Rick (New York: Greenwood Press, 1990), 17–36; and Tyack, , “The Kingdom of God and the Common School.” Google Scholar

3 In the context of California, several historians invoke this logic by emphasizing the New England origins of the fourth superintendent of instruction in the state and attributing the development of education in California to his New England pedigree. See Cloud, Roy W., Education in California: Leaders, Organizations, and Accomplishments of the First Hundred Years (Stanford, CA: Stanford University Press, 1952), 39; Polos, Nicholas C., “A Yankee Patriot: John Swett, the Horace Mann of the Pacific,” History of Education Quarterly 4, no. 1 (March 1964): 17–32; and Starr, Kevin, Americans and the California Dream, 1850–1915 (New York: Oxford University Press, 1973), 87–88. Other histories emphasize the “New England” origins of early school promoters in general. See, for example, Hendrick, Irving G., California Education: A Brief History (San Francisco: Boyd & Fraser, 1980), 6. Both views are problematic, given the presence of numerous reformers from southern states and the opposition of some New England migrants to educational expansion.Google Scholar

4 “The California Experiment,” National Teacher: A Monthly Educational Journal 3, no. 6 (June 1873): 226.Google Scholar

5 Swett, John, “An Outsider's View of It,” clipping from “Some of my Articles as The Pacific Coast Editor of the New England Journal of Education,” carton 2, John Swett Papers MSS C-B 352 (hereafter JSP), Bancroft Library, University of California, Berkeley.Google Scholar

6 Limerick, Patricia Nelson, The Legacy of Conquest: The Unbroken Past of the American West (New York: W. W. Norton, 1987), 236.Google Scholar

7 On the efforts of elites to impose American gender and racial hierarchies onto San Francisco through “cultural frontiers” like restaurants, hotels, boardinghouses, tourist attractions, fairs, and expositions, see Berglund, Barbara, Making San Francisco American: Cultural Frontiers in the Urban West, 1846–1906 (Lawrence: University of Kansas Press, 2007).Google Scholar

8 Wiebe, Robert H., The Search for Order, 1877–1920 (New York: Hill and Wang, 1967).Google Scholar

9 “The Public Schools and Colored Children,” San Francisco Bulletin, 24 February 1858, 2.Google Scholar

10 On the unique nature of race relations and the ambiguous status of Californios, see Almaguer, Tomás, Racial Fault Lines: The Historical Origins of White Supremacy in California (Berkeley: University of California Press, 1994) and Bottoms, D. Michael, An Aristocracy of Color: Race and Reconstruction in California and the West, 1850–1890 (Norman: University of Oklahoma Press, 2013), 82.Google Scholar

11 On perceptions of antebellum California as lawless, see Hansen, Woodrow James, The Search for Authority in California (Oakland, CA: Biobooks, 1960); McGrath, Roger D., “A Violent Birth: Disorder, Crime, and Law Enforcement, 1849–1890,” in Taming the Elephant: Politics, Government, and Law in Pioneer California , ed. Burns, John F. and Orsi, Richard J. (Berkeley: University of California Press, 2003), 27–73; and Mullen, Kevin J., Let Justice Be Done: Crime and Politics in Early San Francisco (Reno: University of Nevada Press, 1989). On connections between California's racial diversity and perceptions of the region as disorderly, see Almaguer, , Racial Fault Lines, and Berglund, Making San Francisco American. On the fluidity of racial and gender hierarchies within the mines, see Susan Lee Johnson, Roaring Camp: The Social World of the California Gold Rush (New York: W. W. Norton, 2000).Google Scholar

12 For accounts of Progressive Era education reforms designed to encourage centralization, see Cremin, Lawrence A., The Transformation of the School: Progressivism in American Education, 1876–1957 (New York: Alfred A. Knopf, 1961); Katz, Michael, Class, Bureaucracy, and Schools: The Illusion of Educational Change in America (New York: Praeger, 1975); Tyack, David B., The One Best System: A History of American Urban Education (Cambridge, MA: Harvard University Press, 1974); Bullough, William A., Cities and Schools in the Gilded Age: The Evolution of an Urban Institution (Port Washington, NY: Kennikat Press, 1974); Callahan, Raymond E., Education and the Cult of Efficiency: A Study of the Social Forces That Have Shaped the Administration of Public Schools (Chicago: University of Chicago Press, 1962); and Steffes, Tracy Lynn, School, Society & State: A New Education to Govern Modern America, 1890–1940 (Chicago: University of Chicago Press, 2012).Google Scholar

13 Hendrick, , California Education, 19.Google Scholar

14 For histories of California education, most of which tend to perpetuate this view, see Carr, William G., John Swett: The Biography of an Educational Pioneer (Santa Ana, CA: Fine Arts Press, 1933); Ferrier, William W., Ninety Years of Education in California, 1846–1936: A Presentation of Educational Movements and Their Outcome in Education Today (Berkeley, CA: Sather Gate Book Shop, 1937); Johnson, Leighton H., Development of the Central State Agency for Public Education in California, 1849–1949 (Albuquerque: University of New Mexico Press, 1952); Cloud, , Education in California; and Polos, Nicholas C., John Swett: California's Frontier Schoolmaster (Washington, DC: University Press of America, 1978). Hendrick, , Tyack, , James, , and Benavot, provide more sophisticated accounts that, nonetheless, elevate Swett above his predecessors and tend to dismiss continuities between early superintendents. See Hendrick, , California Education ; Hendrick, Irving G., “From Indifference to Imperative Duty: Educating Children in Early California,” California History 79, no. 2 (July 2000): 226–49; and Tyack, David, James, Thomas, and Benavot, Aaron, Law and the Shaping of Public Education, 1785–1954 (Madison: University of Wisconsin Press, 1987), 87–107. The best histories of education in California have focused on gender and race. See, for example, Wollenberg, Charles M., All Deliberate Speed: Segregation and Exclusion in California Schools, 1855–1975 (Berkeley: University of California Press, 1976); Hendrick, Irving G., The Education of Non-Whites in California, 1849–1970 (San Francisco: R & E Research Associates, 1977); Low, Victor, The Unimpressible Race: A Century of Educational Struggle by the Chinese in San Francisco (San Francisco: East/West Publishing, 1982); and Weiler, Kathleen, Country Schoolwomen: Teaching in Rural California, 1850–1950 (Stanford, CA: Stanford University Press, 1998). On the history of higher education in California, see Douglass, John A., The California Idea and American Higher Education (Stanford, CA: Stanford University Press, 2000).Google Scholar

15 Harlow, Neal, California Conquered: The Annexation of a Mexican Province, 1846–1850 (Berkeley: University of California Press, 1982), 318.Google Scholar

16 Quoted in Hansen, , The Search for Authority in California, 86.Google Scholar

17 Starr, , Americans and the California Dream, 55.Google Scholar

18 See, for example, Hendrick, , California Education, 6–16.Google Scholar

19 On the composition of the constitutional convention, see Harlow, , California Conquered, 339. For a discussion of the limited growth of common schooling in the antebellum South, see Kaestle, , Pillars of the Republic, 182–217.Google Scholar

20 Douglass, , The California Idea and American Higher Education, 23.Google Scholar

21 Report of the Debates in the Convention of California on the Formation of the State Constitution: in September and October 1849 (Washington, DC: J. T. Towers, 1850), 204.Google Scholar

22 “Address to the People of California” in Frost, John T., History of the State of California. From the Period of the Conquest by Spain, to Her Occupation by the United States of America (New York: Miller, Orton, 1857), 424.Google Scholar

23 Debates in the Convention of California, 204–205.Google Scholar

24 “Address to the People of California,” 424.Google Scholar

25 Ibid., 423–24.Google Scholar

26 Hyde, Anne F., Empires, Nations, & Families: A History of the North American West, 1800–1860 (Lincoln: University of Nebraska Press, 2011), 435.Google Scholar

27 Ferris, David F., Judge Marvin and the Founding of the California Public School System (Berkeley: University of California Press, 1962), 56.Google Scholar

28 For the political significance of quantification, see Porter, Theodore M., Trust in Numbers: The Pursuit of Objectivity in Science and Public Life (Princeton, NJ: Princeton University Press, 1995); and Ferris, , Judge Marvin, 60.Google Scholar

29 Quoted in Ferris, , Judge Marvin, 60.Google Scholar

30 Marvin, John Gage, An Act to Establish a System of Common Schools in the State of California and Other Acts Providing for the Revenue of the Same, with Explanatory Forms (Sacramento: Printed at the Democratic State Journal Office, 1852), 9.Google Scholar

31 Ibid., 2.Google Scholar

32 Ibid., 5. Simply by having the law printed and distributed, Marvin hoped to enhance the power of the legislature's enactment. He had learned from experience. The 1851 law had never been printed, making enforcement impossible.Google Scholar

33 Ibid., vi.Google Scholar

34 Ibid., 2. On the importance and limitations of legibility for state power, see Scott, James C., Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed (New Haven, CT: Yale University Press, 1998).Google Scholar

35 “Report of the Superintendent of Public Instruction,” Marvin, John G. letters and memorandum, 1851–1854, reel 2, (hereafter JGM), Bancroft Library, University of California, Berkeley.Google Scholar

36 Ibid. Google Scholar

37 Almaguer, , Racial Fault Lines, 45–74.Google Scholar

38 “Report of the Superintendent of Public Instruction,” JGM.Google Scholar

39 To support the expansion of schooling in the state, Marvin sought to incorporate parochial schools into the system by providing state funding to religious schools. Between 1853 and 1855, the state school law allowed religious schools to receive public school money. For more on this early aid to religious schools in California, see Goda, Paul, “The Historical Background of California's Constitutional Provisions Prohibiting Aid to Sectarian Schools,” California Historical Society Quarterly 46, no. 2 (June 1967): 149–71.Google Scholar

40 Eleventh Annual Report of the Superintendent of Public Instruction (San Francisco: Benjamin P. Avery, State Printer, 1862), 56–57.Google Scholar

41 Ferris, , Judge Marvin, 88.Google Scholar

42 Ibid., 102.Google Scholar

43 Fifth Annual Report of the Superintendent of Public Instruction of the State of California (Sacramento, CA: James Allen, State Printer, 1856), 3.Google Scholar

44 Fourth Annual Report of the Superintendent of Public Instruction of the State of California (Sacramento, CA: B. B. Redding, State Printer, 1855), 4.Google Scholar

45 Fifth Annual Report, 8.Google Scholar

46 “Shall Negroes Go to School?” The Nevada Journal [Nevada City, CA], 6 April 1855, 2.Google Scholar

47 Hubbs, Paul K., “Letter from the Superintendent of Public Instruction,” Sacramento Daily Union, 27 March 1855, 2.Google Scholar

48 Ibid. Google Scholar

49 Ibid. Google Scholar

50 Ibid. Google Scholar

51 Ibid. Google Scholar

52 Ibid. Google Scholar

53 The 1855 school law also outlawed aid to religious schools, which would have prevented Californio and Mexican children from receiving public support for instruction in Spanish. In 1855, the legislature also overturned the requirement that all laws be published in Spanish. For a discussion of the revised 1855 school law and its implications for Latino communities in Southern California, see MacDonald, Victoria-Maria, Latino Education in the United States: A Narrated History from 1513–2000 (New York: Palgrave Macmillan, 2004), 63–66.Google Scholar

54 “Shall Negroes Go to School?” Google Scholar

55 Before 1855, instruction in Santa Barbara was only available in Spanish. After the passage of the 1855 law, two Anglo school commissioners joined forces with the editors of the Santa Barbara Gazette to advocate English-language instruction in the public schools. While an English-only school was created in 1855, instruction in Spanish remained available. For financial reasons, the English and Spanish classes were combined, and many Anglo families removed their children from the public schools until English instruction was again offered in 1858. See Camarillo, Albert, Chicanos in a Changing Society: From Mexican Pueblos to American Barrios in Santa Barbara and Southern California, 1848–1930 (Cambridge, MA: Harvard University Press, 1979), 17–18.Google Scholar

56 For the controversies surrounding English instruction in American public schools in Los Angeles, see Pitt, Leonard, The Decline of the Californios: A Social History of the Spanish-Speaking Californians, 1846–1890 (Berkeley: University of California Press, 1970), 224–28.Google Scholar

57 Townsend, J. Holland, “American Caste and Common Schools,” Anglo-African Magazine I (March 1859), 81.Google Scholar

58 “Shall Negroes Go to School?” Google Scholar

59 Ibid. Google Scholar

60 Townsend, , “American Caste and Common Schools,” 81.Google Scholar

61 Berglund, , Making San Francisco American, 8.Google Scholar

62 Planning to migrate north to Washington Territory, Paul Hubbs declined renomination at the next Democratic Party Convention. In his place, delegates nominated former San Francisco city controller and southerner Andrew Jackson Moulder. While Democratic control of state government was challenged the previous year when the Know-Nothing Party assumed power over the governorship and legislative assembly, Moulder was victorious in the 1856 election. “Democratic State Convention Third Day,” Sacramento Daily Union, 12 September 1856, 2. For more on the California Know-Nothing Party, see Johnson, David Alan, Founding the Far West: California, Oregon, and Nevada, 1840–1890 (Berkeley: University of California Press, 1992), 199–202.Google Scholar

63 For a discussion of eastern common school reform rhetoric that focused on the role of early public education in fighting crime, see Kaestle, , Pillars of the Republic, 33, 36; and Katz, , Reconstructing American Education, 16–24.Google Scholar

64 “The Public Schools and Colored Children.” Google Scholar

65 Johnson, , Founding the Far West, 201.Google Scholar

66 Ibid. Google Scholar

67 Starr, Kevin, California: A History (New York: Modern Library, 2005), 106.Google Scholar

68 Eighth Annual Report of the Superintendent of Public Instruction (Sacramento, CA: Charles T. Botts, State Printer, 1859), 4.Google Scholar

69 Ibid., 4–5.Google Scholar

70 Moulder, Andrew J., Commentaries on the School Law, with the Elements of School Architecture. Laws Relating to the School Lands. Forms and Instructions. (Sacramento, CA: John O'Meara, State Printer, 1858), 103.Google Scholar

71 Ibid., 115.Google Scholar

72 Ibid., 108, 110, 113–14, 116.Google Scholar

73 Seventh Annual Report of the Superintendent of Public Instruction (Sacramento, CA: John O'Meara, State Printer, 1859), 10.Google Scholar

74 Ibid. Google Scholar

75 Ibid. Google Scholar

76 “Negroes in the Public Schools,” San Francisco Daily Globe, 10 February 1858, 2.Google Scholar

77 Ibid. Google Scholar

78 “Colored Children in Public Schools,” Daily Alta California, 20 February 1858, 1.Google Scholar

79 “The Public Schools and Colored Children.” Google Scholar

80 Eighth Annual Report, 14 Google Scholar

81 Ibid., 14–15.Google Scholar

82 Ibid., 15.Google Scholar

83 Diggers was a slur Americans used to describe California's indigenous peoples. Eighth Annual Report, 14.Google Scholar

84 “The Public Schools and Colored Children.” Google Scholar

85 Eighth Annual Report, 14.Google Scholar

86 Ibid., 8.Google Scholar

87 Ibid. Google Scholar

88 Ibid. Google Scholar

89 Moulder, , Commentaries on the School Law, 9.Google Scholar

90 Ibid. Google Scholar

91 Ibid., 10.Google Scholar

92 Eighth Annual Report, 4.Google Scholar

93 Moulder, , Commentaries on the School Law, 64.Google Scholar

94 Ibid., 10.Google Scholar

95 “School Matters,” clipping from scrapbook vol. 4, n.d., n.p., Andrew Jackson Moulder Papers MSS C-B 526 (hereafter AMP), Bancroft Library, University of California, Berkeley.Google Scholar

96 Moulder, , Commentaries on the School Law, 65.Google Scholar

97 Eighth Annual Report, 11.Google Scholar

98 Ninth Annual Report of the Superintendent of Public Instruction (Sacramento, CA: Charles T. Botts, State Printer, 1860), 6.Google Scholar

99 Tenth Annual Report of the Superintendent of Public Instruction (Sacramento, CA: Charles T. Botts, State Printer, 1861), 9.Google Scholar

100 Seventh Annual Report, 8.Google Scholar

101 Eleventh Annual Report of the Superintendent of Public Instruction (Sacramento, CA: Benjamin P. Avery, State Printer, 1862), 24.Google Scholar

102 Ibid., 25.Google Scholar

103 Ibid. Google Scholar

104 “The Trials and Tribulations of a School Officer-No. 3,” clipping from vol. 4, n.d., n.p., AMP.Google Scholar

105 For several examples, see Benicia School Board Records, BANC MSS C-A 147, box 1, folders 6–9.Google Scholar

106 Cloud, , Education in California, 39. Moulder would later serve on the Board of Regents for the University of California and as superintendent of San Francisco schools.Google Scholar

107 Polos, , “A Yankee Patriot,” 21.Google Scholar

108 “Have Negroes Been Taught and Classed on Terms of Equality in a Public School Under the Charge of Mr. John Swett,” n.d., portfolio, Research Materials Related to John Swett MSS 84/176 c, Bancroft Library, University of California, Berkeley.Google Scholar

109 “Statement of John Swett,” Sacramento Daily Union, 20 September 1862, 3.Google Scholar

110 Quoted in Polos, “A Yankee Patriot,” 21.Google Scholar

111 Clipping from Rincon School Scrapbook, p. 9, n.d., carton 2, JSP.Google Scholar

112 “Normal Classes for Teachers,” clipping from Collection of Prose Scrapbook, n.d., p. 26, carton 2, JSP.Google Scholar

113 Ibid. Google Scholar

114 Ibid. Google Scholar

115 First Biennial Report of the Superintendent of Public Instruction of the State of California, for the School Years 1864 and 1865 (Sacramento, CA: O. M. Clayes, State Printer, 1866), 272.Google Scholar

116 Ibid., 57.Google Scholar

117 Ibid. Google Scholar

118 At the conclusion of the conflict, Swett claimed that he had “looked after both sides impartially.” Quoted in Polos, “A Yankee Patriot,” 24.Google Scholar

119 Union Party, California, Proceedings of the Union State Convention, held at Sacramento on the 17th and 18th Days of June, 1862 (San Francisco: Eastman and Godfrey Printers, 1862), 16.Google Scholar

120 Tyack, et al., Law and the Shaping of Public Education, 93.Google Scholar

121 “Public Instruction in California,” American Journal of Education 16 (December 1866): 634.Google Scholar

122 Department of Public Instruction, Revised School Law: Approved March 24, 1866 (Sacramento, CA: O. M. Clayes, State Printer, 1866), 48.Google Scholar

123 Tyack, et al. Law and the Shaping of Public Education, 93.Google Scholar

124 Cloud, , Education in California, 255.Google Scholar

125 Ibid., 42.Google Scholar

126 Quoted in Montgomery, Zachary, The Poison Fountain: or, Anti-Parental Education: Essays on the School Question From a Parental and Non-Sectarian Standpoint (San Francisco: published by the author, 1878), 15.Google Scholar

127 Swett, John, “Address of the Superintendent of Public Instruction of the State of California, Hon. John Swett, Before the State Teachers' Institute, Held in San Francisco, May 7th, 1867” (San Francisco: Towne & Bacon, Book and Job Printers, 1867).Google Scholar

128 Revised School Law, 18.Google Scholar

129 Ward v. Flood , 48 Cal. 36 (1874)Google Scholar

130 Quoted in Montgomery, , The Poison Fountain, 141.Google Scholar

131 Bottoms, , An Aristocracy of Color, 112.Google Scholar

132 Nevertheless, legislators managed to pass a compulsory school law in 1874. For a discussion of the law's passage and its limited effectiveness, see Tyack, et al., “Law and State School Policy”; “Annual Address of Superintendent Fitzgerald, State Teachers' Institute, Nov. 7, 1871,” The California Teacher 9 (December 1871): 162.Google Scholar

133 Starr, , Americans and the California Dream, 132.Google Scholar

134 Burns, John F., introduction to Taming the Elephant, 13.Google Scholar

135 Hendrick, , California Education, 19.Google Scholar