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PROVISIONS RESPECTING EDUCATION

IN THE

CONSTITUTIONS OF THE SEVERAL STATES.

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PRELIMINARY REPORT. The following pages contain the provisions of the successive Constitutions of the several States, in reference to Education, Literature and Science, together with a series of propositions embracing the cardinal features of a system of public instruction, which the Constitution might make obligatory on the Legislature to establish.

HENRY BARNARD,

Commissioner. DEPARTMENT OF EDUCATION, WASHINGTON, 1868.

CONSTITUTIONAL PROVISION RESPECTING EDUCATION.

PAGE, Circular of Commissioner of Education,

79 Educational Clause in Stute Constitution,...

79 School Codes of the United States,...

79 School Documents,...

80 Historical Development of Education,

80 School Architecture,......

80 Library and Cabinet of Education,

80 System of Educational Exchange,

80 Public Schools in Cities,...

80 INDEX TO CONTENTS OF CIRCULAR,

81 CONSTITUTIONAL Provisions,.

83 Massachusetts,

83 Connecticut,

88 New Hampshire,..

90 Vermont,

90 Maine,...

2 Rhode Island,

91 New York,

92 New Jersey,.. Pennsylvania,

93 Delaware,

94 Maryland,

97 Virginia,

94 North Carolina,

98 South Carolina,

99 Georgia,

99 Kentucky,...

100 Tennessee,

100 Ohio,

101 Louisiana,

102 Indiana...

104 Mississippi,.

106 Illinois,

107 Alabama,

104 Missouri,

108 Arkansas,

110 Michigan,

110 Floridu,..

112 Texas,

113 Iowa.

115 Wisconsin,

117 California,

119 Minnesota,..

116 Oregon,

120 Kansas,

121 West Virginia,

122 Nevada,

123 Nebraska,

124

Constitutions revised in 1867-68.

Alabama,
Arkansas,
Florida,
Georgia,
Louisiana,..
North Carolina,
South Carolina,
Mississippi,
Virginia,

125 126 126 126 127 127 127 128 128

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Massachusetts... 1780 1780 Cambridge University ; duty to cherish

literature, arts, science.. Connecticut... 1818 1818 | Yale College ; interest of school fund for

equal benefit of all New Hampshire . 1784 1784 | Duty to promote literature, arts, and

science.. Vermont.

1777 1793 Town and county grammar schools Maine

1820 1820 Towns at own expense to support

schools; colleges encouraged. Rhode Island.... 1842 1842 Schools to be promoted ; school fund not

to be borrowed... New York...... 1777 1822 Common school fund; literature fund ;

$25,000 of deposit fund annually ap

propriated New Jersey 1776 1844 School fund not to be borrowed ; income

for equal benefit of all Pennsylvania ... 1776 1790 Legislature to establish schools and pro

mote arts and science... Delaware. 1776 1831 | Legislature to establish schools and pro

mote arts and science... Maryland ..... 1776 1864 Superintendent; board of education ;

school fund.. Virginia

1776 | 1851 Capitation tax on white males..
North Carolina... 1776 1776 Schools at low prices; universities
South Carolina 1776 none.
Georgia

1777 1798 Legislature to provide education for the

people and endow university... Kentucky.... 1790 1850 Superintendent; each county to have

proportion of school fund Tennessee 1796 1835 Principal of school fund inviolate; com

missioners Ohio ...... 1802 1802 | Schools to be provided by interest of fund

and taxation. Louisiang.... 1812 | 1845 Superintendent; free public schools.

university of New Orleans.... Indiana ...... 1816 1816 | Superintendent; schools equally open

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to all; school fund Mississippi 1817 1817 Schools to be encouraged. Illinois

1818 none.

104 106 107

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110 112

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115

Alabama... 1819 1819 Schools to be encouraged; university ..
Missouri

1820 1820 Superintendent; board of education ;

separate colored schools ; university
and school fund; no township receives
money from school fund unless a school
has been taught three months ; new

voters after 1806 to read and write.... Arkansas

1836 1836 Schools to be encouraged...... Michigan

1837 1837 Superintendent; board of education ;

public schools kept at least threo
months annually; normal, agricultu-

ral, university, and benevolent schools. Florida

1845 1845 School fund to be kept inviolate.... Texas

1845
1815 Superintendent; board of education ;

school and university fund; tax levied
on colored persons to be used for col.

ored schools.. Iowa

1846 1846 Board of education; school funds and

school lands.....
Wisconsin ... 1848 1848 Superintendent; school fund; school li-

braries; towns to raise by taxation at
least one balf the sum annually re-

ceived from school fund..... California ... 1849 1819 Superintendent; school and university

tids; public schools to be kept three

months each year... Minnesota

1838 1858 School lund and lands; university.. Oregon

1859 1839 Superintendent; school land commis

sioners ; university.... Kansas

1839 | 1859 Superintendent: common, normal, agri

cultural, and university schools ;
school lands to be sold by vote of

people.....
West Virginia... 1862 1863 Superintendent ; school fund
Nevada.

1864 1864 Superintendent; school fund; univer

sity : tax on property for schools.. Nebraska

1867 1867 School lands not to be sold for less than

$5 per acre.

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119 119

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CONSTITUTIONAL PROVISION RESPECTING EDUCATION.

The past and present constitutional provisions of the several States of the Union relative to education exhibit the growth of the national sentiment in favor of, and the present strong attachment to the public school system. In the early reconstruction of political organizations, rendered imperative by a separation from Great Britain, only a few States recognized in their «rganic law the necessity of providing for the diffusion of intelligence among the people, and this recognition is expressed in general terms. But within the last half century the constitutions of the States, admitted from time to time in the Union, have become more and more emphatic in the declaration, that it is the wisest economy and the highest duty to provide for an efficient and uniform system of public schools.

The New England States having incorporated a public school system with their earliest organizations, in emerging from their colonial condition, had no occasion to provide specially for it in their first State constitutions.

MASSACHUSETTS.

First settlement, 1620. Area 7,800 square miles.

POPULATION.

1790.

378, 717
1830.

610, 840 1800.

423, 245
1840.

737, 699 1810. 472, 040 1850.

994,514 1820.

523, 827
1860.

1,231, 066 In 1636, six years after the first settlement of Boston, the General Court of the colony of Massachusetts Bay, which met in Boston on the 8th of September, passed an act appropriating £400 toward the establishment of a college. The sum thus appropriated was more than the whole tax levied on the colony at that time in a single year, and the population scattered through ten or twelve villages did not exceed five thousand persons; but among them were eminent graduates of the University of

; Cambridge, in England, and all were here for purposes of permanent settlement. In 1638 John Harvard left by will the sum of £779 in money, and a library of over three hundred books. In 1640, the General Court granted to the college the income of the Charlestown ferry; and in 1642, the Governor, with the magistrates and teachers and

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