The state support of private education has been debated for over 150 years. This question was an issue in the Ohio election of 1875.
In 1875, the Republican state convention nominated Hayes for governor. His campaign against Democratic nominee William Allen focused on Protestant fears about the possibility of state aid to Catholic schools. Hayes was against such funding and, while not known to be anti-Catholic, he allowed anti-Catholic fervor to contribute to the enthusiasm for his candidacy.
Rutherford Hayes was a champion of public education. At his speech in Columbus after his nomination for governor, he said: “If it shall turn out that the party in power is dangerously allied to any body of men who are opposed to our free schools, and have proclaimed undying hostility to our educational system, then I doubt not the people will make a change in the administration.”
He discussed the issue in depth in his speech at Marion during the same campaign. “Altogether the most interesting questions in our State affairs,” he said, “are those which relate to the passage, by the last legislature, of the Geghan bill to provide Catholic books for prisoners in the penitentiary, and the war which the sectarian wing of the Democratic party is now waging against the public schools. In the admirable speech made by Judge Taft at the Republican State Convention, he sounded the keynote to the canvass on this subject. He said, ‘Our motto must be universal liberty and universal suffrage, secured by universal education.’ Before we discuss these questions, it may be well, in order that there may be no excuse for further misrepresentation, to show by whom this subject was introduced into politics, and to state explicitly that we attack no sect and no man, either Protestant or Jew, Catholic or unbeliever, on account of his conscientious convictions in regard to religion. Who began the agitation of this subject? Why is it agitated? All parties have taken hold of it. The Democratic party in their State convention make it the topic of their longest resolution.”
“The Republican State convention passed resolutions on the question. The State Teachers’ Association, at their last meeting, passed unanimously the following resolution:
‘Resolved, That we are in favor of a free, impartial, and unsectarian education for every child in the State, and that any division of the school fund or appropriation of any part thereof to any religious or private school would be injurious to education and the best interests of the church.’
“The assemblies of the different religious denominations in the State which have recently been held have generally, and I think without exception, passed similar resolutions. If blame is to attach to all who consider and discuss this question before the public, we have had a very large body of offenders. But I have not named all who are engaged in it. I have not named those who began it; those who for years have kept it up; those who in the press, on the platform, in the pulpit, in legislative bodies, in city councils, and in school boards, now unceasingly agitate the question. Everybody knows who they are; everybody knows that the sectarian wing of the Democratic party began this agitation, and that it is bent on the destruction of our free schools.
“The sectarian agitation against the public schools was begun many years ago. During the last few years it has steadily and rapidly increased, and has been encouraged by various indications of possible success. It extends to all of the States where schools at the common expense have been long established. Its triumphs are mainly in the large towns and cities. It has already divided the schools, and in a considerable degree impaired and limited their usefulness. The glory of the American system of education has been that it was so cheap that the humblest citizen could afford to give his children its advantages, and so good that the man of wealth could nowhere provide for his children anything better. This gave the system its most conspicuous merit. It made it a republican system. The young of all conditions of life are brought together and educated on terms of perfect equality. The tendency of this is to assimilate and to fuse together the various elements of our population, to promote unity, harmony, and general good-will in our American society. But the enemies of the American system have begun the work of destroying it. They have forced away from the public schools, in many towns and cities, one-third or one-fourth of their pupils, and sent them to schools which it is safe to say are no what superior to those they have left. These youth are thus deprived of the associations and the education in practical republicanism and American sentiments which they peculiarly need. Nobody questions their constitutional and legal right to do this, and to do it by denouncing the public schools. Sectarians have a lawful right to say that these schools are ‘a relic of paganism’ — that they are’ godless,’ and that ‘the secular school system is a social cancer.’ But when, having thus succeeded in dividing the schools, they make that a ground for abolishing school taxation, dividing the school fund, or otherwise destroying the system, it is time that its friends should rise up in its defense.
“We all agree that neither the government nor political parties ought to interfere with religious sects. It is equally true that religious sects ought not to interfere with the government or with political parties. We believe that the cause of good government and the cause of religion both suffer by all such interference. But if sectarians make demands for legislation of political parties, and threaten that party with opposition at the elections in case the required enactments are not passed, and if the political party yields to such threats, then those threats, those demands, and that action of the political party become a legitimate subject of political discussion, and the sectarians who thus interfere with the legislation of the State are alone responsible for the agitation which follows.
“And now a few words as to the action of the last legislature on this subject. After an examination of the Geghan bill, we shall perhaps come to the conclusion that in itself it is not of great importance. I would not undervalue the conscientious scruples on the subject of religion of a convict in the penitentiary, or of any unfortunate person in any State institution. But the provision of the constitution of the State covers the whole ground. It needs no awkwardly framed statute of doubtful meaning, like the Geghan bill, to accomplish the object of the organic law.
“The author of the bill wrote, ‘The members claim that such a bill is not needed.’ The same opinion prevails in New Jersey, where a similar bill is said to have been defeated by a vote of three to one. But the sectarians of Ohio were resolved on the passage of this bill. Mr. Geghan wrote:
‘We have a prior claim upon the Democratic party. The elements composing the Democratic party in Ohio today are made up of Irish and German Catholics, and they have always been loyal and faithful to the interests of the party. Hence the party is under obligations to us, and we have a perfect right to demand of them, as a party, inasmuch as they are in control of the State legislature and State government, and were by both our means and votes placed where they are today, that they should, as a party, redress our grievances.’
Hayes added, “The organ of the friends of the bill published this letter, and among other things said:
‘The political party with which nine-tenths of the Catholic voters affiliate, on account of past services that they will never forget, now controls the State. Withdraw the support which Catholics have given to it, and it will fall in this city, county, and State as speedily as it has risen to its long-lost position and power. That party is now on trial. Mr. Geghan’s bill will test the sincerity of its professions.’
“That threat was effectual. The bill was passed, and the sectarian organ therefore said: —
‘The. unbroken solid vote of the Catholic citizens of the State will be given to the Democracy at the fall election.’
‘In regard to those who voted against the bill, it said they have dug their political grave; it will not be our fault if they do not fill it. When any of them appear again in the political arena, we will put upon them a brand that every Catholic citizen will understand.’ No defense of this conduct of the last legislature has yet been attempted. The facts are beyond dispute. This is the first example of open and successful sectarian interference with legislation in Ohio. If the people are wise, they will give it such a rebuke in October that for many years, at least, it will be the last.
“But it is claimed that the schools are in no danger. Now that public attention is aroused to the importance of the subject, it is probable that in Ohio they are safe. But their safety depends on the rebuke which the people shall give to the party which yielded last spring at Columbus to the threats of their enemies. It is said that no political party desires the destruction of the schools. I reply, no political party ‘ desired the passage of the Geghan bill; but the power which hates the schools passed the bill. The sectarian wing of the Democratic party rules that party today in the great commercial metropolis of the nation. It holds the balance of power in many of the large cities of the country. Without its votes, the Democratic party would lose every large city and county in Ohio, and every Northern State. So I would say to the friends of the public schools: ‘How do the enemies of universal education vote?’ If the enemies of the free schools give their unbroken, solid vote to the Democratic ticket, the friends of the schools will make no mistake if they vote the Republican ticket.”
The campaign was a success, and on October 12, 1875, Hayes was elected to the governorship by a 5,544-vote majority. The first person to earn a third term as governor of Ohio, Hayes reduced the state debt, reestablished the Board of Charities, and repealed the Geghan Bill, which had allowed for the appointment of Catholic priests to schools and penitentiaries.
Hayes won the gubernatorial election and the Republicans gained control of the Ohio legislature. Hayes became the first person to earn a third term as governor. In the 1876 legislative year, Ohio’s congressmen repealed the “Geghan Law” passed by the preceding body.
Source: Howells, William D., Sketch of the life and character of Rutherford B. Hayes, (New York: Hurd and Houghton, 1876), pp. 148-155.
Allen Mesch 