138. All moneys arising from the sales which have been, or may hereafter be, made of any lands heretofore granted by the United States to this State for the use of a seminary of learning, and from any kind of donation that may hereafter be made for that purpose, shall be and remain a perpetual fund, the interest of which, at six per cent. per annum, shall be appropriated to the support of a seminary of learning, for the promotion of literature and the arts and sciences; and no law shall ever be made diverting said fund to any other use than to the establishment and improvement of said seminary of learning.

139. The University of Louisiana, in New Orleans, as now established, shall be maintained.

140. The legislature shall have power to pass such laws as may be necessary for the further regulation of the university, and for the promotion of literature and science, but shall be under no obligation to contribute to the support of said university by appropriations.

The constitution of 1864 has the following:

TITLE XI.-PUBLIC EDUCATION.

ARTICLE 140. There shall be elected a superintendent of public education, who shall hold his office for the term of four years. His duties shall be prescribed by law, and he shall receive a salary of four thousand dollars per annum until otherwise provided by law: Provided, That the general assembly shall have power, by a vote of a majority of the members elected to both houses, to abolish the said office of superintendent of public education whenever, in their opinion, said office shall be no longer necessary.

ART. 141. The legislature shall provide for the education of all children of the State, between the ages of six and eighteen years, by maintenance of free public schools by taxation or otherwise.

ART. 142. The general exercises in the common schools shall be conducted in the English language.

ART. 143. A university shall be established in the city of New Orleans. It shall be composed of four faculties, to wit: One of law, one of medicine, one of the natural sciences, and one of letters. The legislature shall provide by law for its organization and maintenance.

ART. 144. The proceeds of all lands heretofore granted by the United States to this State for the use or purpose of the public schools, and of all lands which may hereafter be granted or bequeathed for that purpose, and the proceeds of the estates of deceased persons to which the State may become entitled by law, shall be and remain a perpetual fund, on which the State shall pay an interest of six per cent.; which interest, together with the interest of the trust fund, deposited with the State by the United States under the act of Congress approved June 23, 1836, and all the rents of unsold lands, shall be appropriated to the purpose of such schools; and this appropriation shall remain inviolable.

ART. 145. All moneys arising from the sales which have been, or may hereafter be, made of any lands heretofore granted by the United States to this State for the use of a specific seminary of learning, or from any kind of donation that may hereafter be made for that purpose, shall be and remain a perpetual fund, the interest of which, at six per cent. per annum, shall be appropriated to the promotion of literature and the arts and sciences, and no law shall ever be made diverting said fund to any other use than to the establishment and improvement of said seminary of learning, in such manner as it may deem proper.

ART. 146. No appropriation shall be made by the legislature for the support of any private school or institution of learning, but the highest encouragement shall be granted to public schools throughout the State.

INDIANA.

Settled in 1730. Area, 33,809 square miles. Admitted into the Union in 1816.

The first constitution was adopted in 1816; article ninth of which pertained to

EDUCATION.

SECTION 1. Knowledge and learning generally diffused through a community being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conducive to this end, it shall be the duty of the general assembly to provide by law for the improvement of such lands as are, or hereafter may be, granted by the United States to this State for the use of schools, and to apply any funds which may be raised from such lands, or from any other quarter, to the accomplishment of the grand object for which they are, or may be, intended. But no lands granted for the use of schools or seminaries of learning shall be sold by authority of this State prior to the year eighteen hundred and twenty; and the moneys which may be raised out of the sale of any such lands, or otherwise obtained for the purposes aforesaid, shall be, and remain a fund, for the exclusive purpose of promoting the interest of literature and the sciences, and for the support of seminaries and public schools. The general assembly shall from time to time pass such laws as shall be calculated to encourage intellectual, scientific, and agricultural improvements, by allowing rewards and immunities for the promotion and improvement of arts, sciences, commerce, manufactures, and natural history, and to countenance and encourage the principles of humanity, industry, and morality.

SECTION 2. It shall be the duty of the general assembly, as soon as circumstances will permit, to provide by law for a general system of education, ascend ing in a regular gradation from township schools to a State university, wherein tuition shall be gratis, and equally open to all.

SECTION 3. And for the promotion of such salutary end the money which shall be paid as an equivalent by persons exempt from militia duty, except in times of war, shall be exclusively and in equal proportion applied to the support of county seminaries. Also, all fines assessed for any breach of the penal laws shall be applied to said seminaries in the counties wherein they shall be assessed.

SECTION 4. It shall be the duty of the general assembly, as soon as circumstances will permit, to form a penal code, founded on the principles of reformation and not vindictive justice; and also to provide one or more farms, to be an asylum for those persons who by reason of age, infirmity, or other misfortunes, may have a claim upon the aid and beneficence of society, on such principles that such persons may therein find employment and every reasonable comfort, and lose, by their usefulness, the degrading sense, of dependence.

SECTION 5. The general assembly, at the time they lay off a new county, shall cause at least ten per cent. to be reserved out of the sales of town lots in the seat of justice of such county, for the use of a public library for such county, and at the same session they shall incorporate a library company, under such rules and regulations as will best secure its permanence, and extend its benefits. The second constitution was adopted in 1851, and has a full article on education :

ARTICLE VIII.-EDUCATION.

SEC. 1. Knowledge and learning generally diffused throughout a community being essential to the preservation of a free government, it shall be the duty of the general assembly to encourage, by all suitable means, moral, intellectual, scien

tific, and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all.

2. The common school fund shall consist of the congressional township fund and the lands belonging thereto;

The surplus revenue fund;

The saline fund, and the lands belonging thereto;

The bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana;

The fund to be derived from the sale of county seminaries, and the moneys and property heretofore held for such seminaries; from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue;

All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance;

All lands that have been, or may hereafter be, granted to the State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Congress of 28th September, 1850, after deducting the expense of selecting and draining the same;

Taxes on the property of corporations that may be assessed for common school purposes.

3. The principal of the common school fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of common schools, and to no other purpose whatever.

4. The general assembly shall invest, in some safe and profitable manner, all such portions of the common school fund as have not heretofore been intrusted to the several counties; and shall make provision by law for the distribution among the several counties of the interest thereof.

5. If any county shall fail to demand its proportion of such interest for common school purposes, the same shall be reinvested for the benefit of such county. 6. The several counties shall be held liable for the preservation of so much of the said fund as may be intrusted to them, and for the payment of the annual interest thereon.

7. All trust funds held by the State shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created.

8. The general assembly shall provide for the election, by the voters of the State, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law.

MISSISSIPPI.

Settled in 1716. Area, 47,156 square miles. Admitted as a State in 1817.

Adopted a constitution in 1817, amended in 1832 and in 1865. Section fourteenth, article seventh, is in this language:

14. Religion, morality, and knowledge being necessary to good government, the preservation of liberty, and the happiness of mankind, schools, and the means of education, shall forever be encouraged in this State.

The first constitution was adopted in 1818, and the second in 1847, neither of which contains any provision relative to education.

ALABAMA.

Originally a part of Georgia. Area, 46,000 square miles. Admitted into the Union in 1819.

The constitution of 1819, which was in force in 1860, makes the following provision relative to

EDUCATION.

Schools and the means of education shall forever be encouraged in this State; and the general assembly shall take measures to preserve from unnecessary waste or damage such lands as are, or hereafter may be, granted by the United States for the use of schools within each township in this State, and apply the funds which may be raised from such lands in strict conformity to the object of such grant. The general assembly shall take like measures for the improvement of such lands as have been, or may be hereafter, granted by the United States to this State for the support of a seminary of learning; and the moneys which may be raised from such lands, by rent, lease, or sale, or from any other quarter, for the purpose aforesaid, shall be and remain a fund for the exclusive support of a State university, for the promotion of the arts, literature, and the sciences; and it shall be the duty of the general assembly, as early as may be, to provide effectual means for the improvement and permanent security of the funds and endowments of such institution.

The Constitution of 1865 retains this provision.

The constitution of 1865 includes the above provision, making it imperative on the Legislature "to enact necessary and proper laws for the encouragement of schools and the means of education."

MISSOURI.

Settled in 1763. Area 67,380 square miles. Admitted into the Union in 1820.

The constitution adopted in 1820 devotes article sixth to education:

ARTICLE VI.-OF EDUCATION.

SECTION. 1. Schools, and the means of education, shall forever be encouraged in this State; and the general assembly shall take measures to preserve from waste or damage such lands as have been, or hereafter may be, granted by the United States for the use of schools within each township in this State, and shall apply the funds which may arise from such lands in strict conformity to the object of the grant. One school, or more, shall be established in each township, as soon as practicable and necessary, where the poor shall be taught gratis.

SEC. 2. The general assembly shall take measures for the improvement of such lands as have been, or hereafter may be, granted by the United States to this State for the support of a seminary of learning; and the funds accruing from such lands by rent or lease, or in any other manner, or which may be obtained from any other source, for the purposes aforesaid, shall be and remain a permanent fund to support a university for the promotion of literature and of the arts and sciences; and it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement of such lands, and for the improvement and permanent security of the funds and endowments of such institution.

The constitution of 1865 has the following:

ARTICLE IX.-EDUCATION.

SECTION 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the General Assembly shall establish and maintain free schools for the gratuitous instruction of all per sons in this State between the ages of five and twenty-one years.

All

2. Separate schools may be established for children of African descent. funds provided for the support of public schools shall be appropriated in proportion to the number of children, without regard to color.

3. The supervision of public instruction shall be vested in a Board of Education, whose powers and duties shall be prescribed by law. A Superintendent of Public Schools, who shall be the president of the board, shall be elected by the qualified voters of the State. He shall possess the qualifications of a State Sena