original grants or appropriations. The legislature shall make such provisions, by taxation or otherwise, as, with the income arising from the school-trust-fund, will secure a thorough and efficient system of common schools throughout the State; but no religious sect or sects shall ever have any exclusive right to or control of any part of the school-funds of this State.

SEC. 2. The university-lands, school-lands, and all other lands which have been acquired by the Territory of Nebraska, or which may hereafter be acquired by the State of Nebraska, for educational or school purposes, shall not be aliened or sold for a less sum than five dollars per acre.

SEC. 1.

*

CONSTITUTION OF ALABAMA, AS AMENDED IN 1868.

ARTICLE IX.-Taxation.

Provided, however, That the general assembly may levy a polltax not exceeding one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public-school-fund.

ARTICLE XI.-Education.

SEC. 1. The common schools, and other educational institutions of the State, shall be under the management of a board of education, consisting of a superintendent of public instruction and two members from each congressional district. The governor of the State shall be, ex officio, a member of the board, but shall have no vote in its proceedings.

SEC. 2. The superintendent of public instruction shall be president of the board of education, and have the casting vote in case of a tie; he shall have the supervision of the public schools of the State, and perform such other duties as may be imposed upon him by the board and the laws of the State. He shall be elected in the same manner and for the same term as the governor of the State, and receive such salary as may be fixed by law. An office shall be assigned him in the capitol of the State.

SEC. 3. The members of the board shall hold office for a term of four years, and until their successors shall be elected and qualified. After the first election under the constitution, the board shall be divided into two equal classes, so that each class shall consist of one member from each district. The seats of the first class shall be vacated at the expiration of two years from the day of election, so that one-half may be chosen biennially.

SEC. 4. The members of the board of education, except the superintendent, shall be elected by the qualified electors of the congressional district in which they are chosen, at the same time and in the same manner as the members of Congress.

SEC. 5. The board of education shah exercise full legislative powers in referenco to the public educational institutions of the State, and its acts, when approved by the governor, or when re-enacted by two-thirds of the board, in case of his disapproval, shall have the force and effect of law, unless repealed by the general assembly.

SEC. 6. It shall be the duty of the board to establish, throughout the State, in each township, or other school-district which it may have created, one or more schools, at which all the children of the State between the ages of five and twentyone years may attend free of charge.

SEC. 7. No rule or law affecting the general interest of education shall be made by the board without a concurrence of a majority of its members. The style of all acts of the board shall be, "Be it enacted by the Board of Education of the State of Alabama."

SEC. 8. The board of education shall be a body politic and corporate, by the name and style of "The Board of Education of the State of Alabama." Said board shall also be a board of regents of the State University, and when sitting as a board of regents of the university shall have power to appoint the president and faculties thereof.

The president of the university shall be, ex officio, a member of the board of regents, but shall have no vote in its proceedings.

SEC. 9. The board of education shall meet annually at the seat of government at the same time as the general assembly, but no session shall continue longer than twenty days, nor shall more than one session be held in the same year, unless authorized by the governor. The members shall receive the same mileage and daily pay as the members of the general assembly.

SEC. 10. The proceeds of all lands that have been or may be granted by the United States to the State for educational purposes; of the swamp lands;1 and of all lands or other property given by individuals or appropriated by the State for like purposes; and of all estates of deceased persons who have died without leaving a will or heir; and all moneys which may be paid as an equivalent for exemption from military duty, shall be and remain a perpetual fund, which may be increased but not diminished, and the interest and income of which, together with the rents of all such lands as may remain unsold, and such other means as the general assembly may provide, shall be inviolably appropriated to educational purposes, and to no other purpose whatever.

SEC. 11. In addition to the amount accruing from the above sources one-fifth of the aggregate annual revenue of the State shall be devoted exclusively to the maintenance of public schools.

SEC. 12. The general assembly may give power to the authorities of the schooldistricts to levy a poll-tax on the inhabitants of the district in aid of the general school-fund, and for no other purpose.

SEC. 13. The general assembly shall levy a specific annual tax upon all railroad, navigation, banking, and insurance corporations, and upon all insurance and foreignbank and exchange agencies, and upon the profits of foreign bank-bills issued in this State by any corporation, partnership or persons, which shall be exclusively devoted to the maintenance of public schools.

SEC. 14. The general assembly shall, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the two hundred and forty thousand acres of land donated to this State for the support of such college, by the act of Congress, passed July 2, 1862, or the money or scrip, as the case may be, arising from the sale of said land, or any lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such college, or schools, and may make the same a branch of the University of Alabama for instruction in agriculture, in the mechanic arts, and the natural sciences connected therewith, and place the same under the supervision of the regents of the university.

ARTICLE XII.-Industrial resources.

SEC. 1. A bureau of industrial resources shall be established, to be under the management of a commissioner, who shall be elected at the first general election, and shall hold his office for the term of four years.

SEC. 2. The commissioner of industrial resources shall collect and condense statistical information concerning the productive industries of the State; and shall make, or cause to be made, a careful, accurate, and thorough report upon the agriculture and geology of the State, and annually report such additions as the progress of scientific development and extended explorations may require. He shall, from time to time, disseminate among the people of the State such knowledge as he may deem important concerning improved machinery and production, and for the promotion of their agriculture, manufacturing, and mining interests; and shall send out to the people of the United States and foreign countries such reports concerning the industrial resources of Alabama as may best make known the advantages offered by the State to emigrants, and shall perform such other duties as the general assembly may require.

Originally granted to the States by act of September 28, 1850, for construction of levees for reclaiming these lands; confirmed to the States March 3, 1857.

SEC. 3. It shall be the duty of the general assembly, at the first session after the adoption of this constitution, to pass such laws and regulations as may be necessary for the government and protection of this bureau, and also to fix and provide for the compensation of the commissioner.

SEC. 4. This bureau shall be located and the commissioner shall reside at the capital of the State, and he shall annually make a written or printed report to the governor of the State, to be laid before the general assembly at each session.

SEC. 5. In case of the death, removal, or resignation of the commissioner, the governor, with approval of the senate, shall have power to appoint a commissioner for the unexpired term.

CONSTITUTION OF GEORGIA, 1868.

ARTICLE VI.-Education.

SEC. 1. The general assembly, at its first session after the adoption of this constitution, shall provide a thorough system of general education, to be forever free to all children of the State, the expense of which shall be provided for by taxation or otherwise.

SEC. 2. The office of State-school-commissioner is hereby created. He shall be appointed by the governor with the consent of the senate, and shall hold his office for the same term as the governor. The general assembly shall provide for the said commissioner a competent salary and necessary clerks. He shall keep his office at the seat of government.

SEC. 3. The poll-tax allowed by this constitution, any educational fund now belonging to this State, except the endowment of and debt due to the State university, or that may hereafter be obtained in any way, a special tax on shows and exhibitions, and on the sale of spirituous and malt liquors, which the general assembly is hereby authorized to assess, and the proceeds from the commutation for militia service, are hereby set apart and devoted to the support of common schools. And if the provisions herein made shall, at any time, prove insufficient, the general assembly shall have power to levy such general tax upon the property of the State as may be necessary for the support of said school-system. And there shall be established, as soon as practicable, one or more common schools in each school-district in this State.

CONSTITUTION OF LOUISIANA, AUGUST 17-18, 1868.

TITLE VII.-Public education.

ART. 135. The general assembly shall establish at least one free public school in every parish throughout the State, and shall provide for its support by taxation or otherwise. All children of this State between the years of six and twenty-one shall be admitted to the public schools or other institutions of learning sustained or established by the State in common, without distinction of race, color, or previous condition. There shall be no separate schools or institutions of learning established exclusively for any race by the State of Louisiana.

ART. 136. No municipal corporation shall make any rules or regulations contrary to the spirit and intention of article 135.

ART. 137. There shall be elected by the qualified voters of this State a superintendent of public education, who shall hold his office for four years. His duties shall be prescribed by law, and he shall have the supervision and the general control of all public schools throughout the State. He shall receive a salary of $5,000 per annum, payable quarterly, on his own warrant.

ART. 138. The general exercises in the public schools shall be conducted in the English language.

ART. 139. The proceeds of all lands heretofore granted by the United States for the use and support of public schools, and of all lands or other property which may hereafter be bequeathed for that purpose, and of all lands which may be granted or

bequeathed to the State, and not granted or bequeathed expressly for any other purpose, which may hereafter be disposed of by the State, and the proceeds of all estates of deceased persons to which the State may be entitled by law, shall be held by the State as a loan, and shall be and remain a perpetual fund, on which the State shall pay an annual interest of six per cent., which interest, with the interest of the trust-fund deposited with this State by the United States, under the act of Congress approved June the twenty-third, 1836, and the rent of the unsold land, shall be appropriated to the support of such schools; and this appropriation shall remain inviolable.

ART. 140. No appropriation shall be made by the general assembly for the support of any private school or any private institu tion of learning whatever.

ART. 141. One-half of the funds derived from the poll-tax herein provided for shall be appropriated exclusively to the support of the free public schools throughout the State and the University of New Orleans.

ART. 142. A university shall be established and maintained in the city of New Orleans. It shall be composed of a law, a medical, and a collegiate department, each with appropriate faculties. The general assembly shall provide by law for its organization and maintenance: Provided, That all departments of this institution of learning shall be open in common to all students capable of matriculating. No rules or regulations shall be made by the trustees, faculties, or other officers of said institution of learning, nor shall any laws be made by the general assembly violating the letter or spirit of the articles under this title.

ART. 143. Institutions for the support of the insane, the education and support of the blind and the deaf and dumb, shall always be fostered by the State, and be subject to such regulations as may be prescribed by the general assembly.

CONSTITUTION OF SOUTH CAROLINA, APRIL 14, 16, 1868.

No reference to education was made in the first constitution of this State, adopted in 1776, or in the revisions of 1778 and 1790. Neither was any reference made to it in the amendments of 1808, 1810, 1816, 1820, 1828, 1854, and 1856, or in the constitution of 1865, framed in pursuance of President Johnson's reconstruction proclamations.

ARTICLE X.-Education.

SEC. 1. The supervision of public instruction shall be vested in a State-superintendent of education, who shall be elected by the qualified electors of the State in surch manner and at such time as the other State-officers are elected; his powers, duties, term of office, and compensation shall be defined by the general assembly.

SEC. 2. There shall be elected, biennially, in each county, by the qualified electors thereof, one school-commissioner, said commissioners to constitute a State-board of education, of which the State-superintendent shall, by virtue of his office, be chairman; the powers, duties, and compensation of the members of said board shall be determined by law.

SEC. 3. The general assembly shall, as soon as practicable after the adoption of this constitution, provide for a liberal and uniform system of free public schools throughout the State, and shall also make provision for the division of the State into suitable school-districts. There shall be kept open, at least six months in each year, one or more schools in each school-district.

SEC. 4. It shall be the duty of the general assembly to provide for the compulsory attendance, at either public or private schools, of all children between the ages of six and sixteen years, not physically or mentally disabled, for a term equivalent to twenty-four months at least: Provided, That no law to that effect shall be passed until a system of public schools has been thoroughly and completely organized, and facilities afforded to all the inhabitants of the State for the free education of their children.

SEC. 5. The general assembly shall levy, at each regular session after the adoption of this constitution, an annual tax on all taxable property throughout the State for the support of public schools, which tax shall be collected at the same time and by the same agents as the general State-levy, and shall be paid into the treasury of the State. There shall be assessed on all taxable polls in the State an annual tax of one dollar on each poll, the proceeds of which tax shall be applied solely to educational purposes: Provided, That no person shall ever be deprived of the right of suffrage for the non-payment of said tax. No other poll- or capitation-tax shall be levied in the State, nor shall the amount assessed on each poll exceed the limit given in this section. The school-tax shall be distributed among the several school-districts of the State in proportion to the respective number of pupils attending the public schools. No religious sect or sects shall have exclusive right to or control of any part of the school-funds of the State, nor shall sectarian principles be taught in the public schools.

SEC. 6. Within five years after the first regular session of the general assembly, following the adoption of this constitution, it shall be the duty of the general assembly to provide for the establishment and support of a State normal school, which shall be open to all persons who may wish to become teachers.

SEC. 7. Educational institutions for the benefit of all the blind, deaf and dumb, and such other benevolent institutions as the public good may require, shall be established and supported by the State, subject to such regulations as may be prescribed by law.

SEC. 8. Provisions shall be made by law, as soon as practicable, for the establishment and maintenance of a State-reform-shool for juvenile offenders.

SEC. 9. The general assembly shall provide for the maintenance of the State University, and, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the land given to this State for the support of such a college by the act of Congress, passed July second, one thousand eight hundred and sixty-two, or the money or scrip, as the case may be, arising from the sale of such lands, or any land which may hereafter be given or appropriated for such purpose, for the support and maintenance of such college, and may make the same a branch of the State University, for instructions in agriculture, the mechanic arts, and the natural sciences connected therewith.

SEC. 10. All the public schools, colleges, and universities of this State, supported in whole or in part by the public funds, shall be free and open to all the children and youths of the State, without regard to race or color.

SEC. 11. The proceeds of all lands that have been or hereafter may be given by the United States to this State for educational purposes, and not otherwise appropriated by this State or the United States, and of all lands or other property given by individuals, or appropriated by the State for like purposes, and of all estates of deceased persons who have died without leaving a will or heir, shall be securely invested and sacredly preserved as a State-school-fund, and the annual interest and income of said fund, together with such other means as the general assembly may provide, shall be faithfully appropriated for the purpose of establishing and maintaining free public schools, and for no other purposes or uses whatever. ORDINANCE X.-AN ORDINANCE instructing the general assembly to provide for appropriating the citadel for educational purposes. Passed March 16, 1868.

We, the people of South Carolina, in convention met, do ordain: That the general assembly is hereby instructed to provide, by suitable laws, for the appropriation of the citadel and grounds, in the city of Charleston, for educational purposes, said building and grounds to be devoted to the establishment of an institution of learning, which shall be a body politic and corporate, and shall be managed by a board of trustees, and their successors, who shall be chosen by the general assembly, and shall be subject to visitation by and under its authority. Said institution of learning shall have power to establish schools of law and medicine, and to issue diplomas that shall entitle the holders to practice said professions, as shall be prescribed by law.