Bennett Law
Encyclopedia
The Bennett Law was a very controversial state law passed in Wisconsin
in 1889, that required the use of English to teach major subjects in all public and private elementary and high schools. It affected the state's many German-language private schools (and some Norwegian schools), and was bitterly resented by German-American communities. The German Catholics and Lutherans each operated large networks of parochial school
s in the state. Because the language used in the classroom was High German, the law meant that the teachers would have to be replaced with bilingual teachers.
The law seemed to be a noncontroversial effort to require school attendance when it passed, and few paid much attention to the language provision at first. In practice, the law was never enforced. Republican politicians had long avoided antagonizing the Germans. However, in 1888 the professionals were pushed aside and the party nominated William D. Hoard
, a dairy farmer with no political experience as governor. He found the opposition of the Germans to the Bennett Law an insult to the English language
and tried to mobilize the English-speaking population of the state behind his reelection in 1890 by hammering at the necessity to have all children speak English.
Most German children were bilingual (with English and High German) or even trilingual (with English, High German and Low German
) in and around the cities and towns (some of those who had a Low German background at least also had a passive command of High German). The children in rural areas spoke mostly either High German or Low German.
As opposition swelled, Hoard escalated to a defense of the public school system (which was not under attack): "The little schoolhouse--stand by it!" he cried out. Hoard ridiculed the Germans by claiming that he was the better guardian of their children than their parents or pastors. Hoard counted votes and thought he had a winning coalition by whipping up nativist distrust of Germania as anti-American. In Milwaukee, a predominantly German city, Hoard attacked Germania and religion:
The Germans were incensed at the blatant attack not only on their language and culture but also on their religion and the parochial schools were set up and funded by the parents in order to inculcate the community's religious values. Furthermore, the idea that the state could intervene in family life and tell children how to speak was intolerable.
By June 1890, the state's Missouri Synod and Wisconsin Synod (the main German Lutheran groups) had denounced the law. After strong lobbying by Catholic Archbishop Frederick Katzer
of the Archdiocese of Milwaukee
and other parochial leaders, Democrats, led by Yankee William F. Vilas took up the German cause and nominated Milwaukee Mayor George W. Peck, also a Yankee, for governor.
Irish Catholics, who had been feuding with the Germans, generally supported the law, but the Germans organized thoroughly and supported Peck. Combined with popular reaction against the new Republican tariff, the result was a major victory for the Democrats, their first in decades in Wisconsin. The Edwards law was a similar law in Illinois
, where the same forces were at work to produce a Democratic win.
The law was repealed in 1891, but Democrats used the memories to carry Wisconsin and Illinois in the 1892 presidential election. It was the last major attack on German language schools until 1914. In 1925 in Pierce v. Society of Sisters
, the US Supreme Court made it clear that attacks on parochial schools violated the First Amendment
.
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
in 1889, that required the use of English to teach major subjects in all public and private elementary and high schools. It affected the state's many German-language private schools (and some Norwegian schools), and was bitterly resented by German-American communities. The German Catholics and Lutherans each operated large networks of parochial school
Parochial school
A parochial school is a school that provides religious education in addition to conventional education. In a narrower sense, a parochial school is a Christian grammar school or high school which is part of, and run by, a parish.-United Kingdom:...
s in the state. Because the language used in the classroom was High German, the law meant that the teachers would have to be replaced with bilingual teachers.
The law seemed to be a noncontroversial effort to require school attendance when it passed, and few paid much attention to the language provision at first. In practice, the law was never enforced. Republican politicians had long avoided antagonizing the Germans. However, in 1888 the professionals were pushed aside and the party nominated William D. Hoard
William D. Hoard
William Dempster Hoard was the 16th Governor of the U.S. state of Wisconsin from 1889 to 1891.-Early life:...
, a dairy farmer with no political experience as governor. He found the opposition of the Germans to the Bennett Law an insult to the English language
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and tried to mobilize the English-speaking population of the state behind his reelection in 1890 by hammering at the necessity to have all children speak English.
Most German children were bilingual (with English and High German) or even trilingual (with English, High German and Low German
Low German
Low German or Low Saxon is an Ingvaeonic West Germanic language spoken mainly in northern Germany and the eastern part of the Netherlands...
) in and around the cities and towns (some of those who had a Low German background at least also had a passive command of High German). The children in rural areas spoke mostly either High German or Low German.
As opposition swelled, Hoard escalated to a defense of the public school system (which was not under attack): "The little schoolhouse--stand by it!" he cried out. Hoard ridiculed the Germans by claiming that he was the better guardian of their children than their parents or pastors. Hoard counted votes and thought he had a winning coalition by whipping up nativist distrust of Germania as anti-American. In Milwaukee, a predominantly German city, Hoard attacked Germania and religion:
- "We must fight alienism and selfish ecclesiasticism.... The parents, the pastors and the church have entered into a conspiracy to darken the understanding of the children, who are denied by cupidity and bigotry the privilege of even the free schools of the state."
The Germans were incensed at the blatant attack not only on their language and culture but also on their religion and the parochial schools were set up and funded by the parents in order to inculcate the community's religious values. Furthermore, the idea that the state could intervene in family life and tell children how to speak was intolerable.
By June 1890, the state's Missouri Synod and Wisconsin Synod (the main German Lutheran groups) had denounced the law. After strong lobbying by Catholic Archbishop Frederick Katzer
Frederick Katzer
Frederick Xavier Katzer was a Roman Catholic archbishop. Katzer was the third Bishop of Diocese of Green Bay and the third Archbishop of the Archdiocese of Milwaukee in Wisconsin....
of the Archdiocese of Milwaukee
Roman Catholic Archdiocese of Milwaukee
The Archdiocese of Milwaukee is a Roman Catholic archdiocese headquartered in Milwaukee, Wisconsin in the United States. It encompasses the City of Milwaukee, as well as the counties of Dodge, Fond du Lac, Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington and Waukesha, all...
and other parochial leaders, Democrats, led by Yankee William F. Vilas took up the German cause and nominated Milwaukee Mayor George W. Peck, also a Yankee, for governor.
Irish Catholics, who had been feuding with the Germans, generally supported the law, but the Germans organized thoroughly and supported Peck. Combined with popular reaction against the new Republican tariff, the result was a major victory for the Democrats, their first in decades in Wisconsin. The Edwards law was a similar law in Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, where the same forces were at work to produce a Democratic win.
The law was repealed in 1891, but Democrats used the memories to carry Wisconsin and Illinois in the 1892 presidential election. It was the last major attack on German language schools until 1914. In 1925 in Pierce v. Society of Sisters
Pierce v. Society of Sisters
Pierce v. Society of Sisters of the Holy Names of Jesus and Mary, , was an early 20th century United States Supreme Court decision that significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution. The case has been cited as a precedent in...
, the US Supreme Court made it clear that attacks on parochial schools violated the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
See also
- Oregon Compulsory Education ActOregon Compulsory Education ActThe Compulsory Education Act or Oregon School Law was a 1922 law in the U.S. state of Oregon that required school age children to attend only public schools. The United States Supreme Court later struck down the law as unconstitutional.-Background:...
of 1926 - Meyer v. NebraskaMeyer v. NebraskaMeyer v. Nebraska, 262 U.S. 390 , was a U.S. Supreme Court case that held that a 1919 Nebraska law restricting foreign-language education violated the Due Process clause of the Fourteenth Amendment.-Context and legislation:...
- Pierce v. Society of SistersPierce v. Society of SistersPierce v. Society of Sisters of the Holy Names of Jesus and Mary, , was an early 20th century United States Supreme Court decision that significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution. The case has been cited as a precedent in...
- Parochial schoolParochial schoolA parochial school is a school that provides religious education in addition to conventional education. In a narrower sense, a parochial school is a Christian grammar school or high school which is part of, and run by, a parish.-United Kingdom:...
Further reading
- Jensen, Richard J. The Winning of the Midwest, 1888-1896 (1971).
- Ulrich, Robert J. The Bennett Law of Eighteen Eighty-Nine: Education and Politics in Wisconsin (1981).
- Whyte, William Foote. "The Bennett Law Campaign in Wisconsin," Wisconsin Magazine Of History, 10: 4 (1926–1927).