Page images
PDF
EPUB

13. The arts and sciences shall be promoted, in one or more seminaries of learning; and the legislature shall, as soon as conveniently may be, give such further donations and privileges to those already established, as may be necessary to secure the objects of their institution; and it shall be the duty of the general assembly, at their next session, to provide effectual measures for the improvement and permanent security of the funds and endowments of such institutions.

In the Constitution of 1865, the educational provision was omitted.

KENTUCKY.

Settled in 1775. Area, 37,680 square miles. Admitted into the Union in 1792.

[blocks in formation]

First constitution adopted in 1790; second in 1799; and the third in 1850. Article eleventh of the last pertains to education :

ARTICLE XI.-CONCERNING EDUCATION.

SEC. 1. The capital of the fund called and known as the "Common School Fund," consisting of one million two hundred and twenty-five thousand seven hundred and sixty-eight dollars and forty-two cents, for which bonds have been executed by the State to the board of education, and seventy-three thousand five hundred dollars of stock in the Bank of Kentucky; also, the sum of fifty-one thousand two hundred and twenty-three dollars and twenty-nine cents, balance of interest on the school fund for the year 1848, unexpended, together with any sum which may be hereafter raised in the State by taxation, or otherwise, for purposes of education, shal! be held inviolate, for the purpose of sustaining a system of common schools. The interest and dividends of said funds, together with any sum which may be produced for that purpose by taxation or otherwise, may be appropriated in aid of common schools, but for no other purpose. The general assembly shall invest said fifty-one thousand two hundred and twenty-three dollars and twenty-nine cents in some safe and profitable manner; and any portion of the interest and dividends of said school fund, or other money or property raised for school purposes, which may not be needed in sustaining common schools, shall be invested in like manner. The general assembly shall make provision, by law, for the payment of the interest of said school fund: Provided, That each county shall be entitled to its proportion of the income of said fund, and if not called for, for common school purposes, it shall be reinvested from time to time for the benefit of such county.

SEC. 2. A superintendent of public instruction shall be elected by the qualified voters of this commonwealth, at the same time the governor is elected, who shall hold his office for four years, and his duties and salary shall be prescribed and fixed by law.

TENNESSEE.

Settled in 1765. Area, 45,600 square miles. Admitted into the Union in 1796.

[blocks in formation]

First constitution adopted in 1796, which was amended in 1835. Article eleventh, section ten, of the latter is as follows:

10. Knowledge, learning, and virtue being essential to the preservation of republican institutions, and the diffusion of the opportunities and advantages of education throughout the different portions of the State being highly conducive to the promotion of this end, it shall be the duty of the general assembly, in all future periods of this government, to cherish literature and science. And the fund called the common school fund, and all the lands and proceeds thereof, dividends, stocks, and other property of every description whatever, heretofore by law appropriated by the general assembly of this State for the use of common schools, and all such as shall hereafter be appropriated, shall remain a perpetual fund, the principal of which shall never be diminished by legislative appropriation, and the interest thereof shall be inviolably appropriated to the support and encouragement of common schools throughout the State, and for the equal benefit of all the people thereof; and no law shall be made authorizing said fund, or any part thereof, to be diverted to any other use than the support and encouragement of common schools; and it shall be the duty of the general assembly to appoint a board of commissioners, for such term of time as they may think proper, who shall have the general superintendence of said fund, and who shall make a report of the con dition of the same, from time to time, under such rules, regulations, and restrictions as may be required by law: Provided, That if at any time hereafter a division of the public lands of the United States, or of the money arising from the sales of such lands, shall be made among the individual States, the part of such lands or money coming to this State shall be devoted to the purposes of education and internal improvement, and shall never be applied to any other purpose.

11. The above provisions shall not be construed to prevent the legislature from carrying into effect any laws that have been passed in favor of the colleges, universities, or academies, or from authorizing heirs or distributees to receive and en. joy escheated property, under such rules and regulations as from time to time may be prescribed by law.

The amendments of 1865 did not pertain to education.

OHIO.

Settled in 1788. Area, 39,964 square miles. Admitted into the

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

The first constitution adopted in 1802, says in article eighth:

*

SECTION 3. * Religion, morality, and knowledge being essentially necessary to good government and the happiness of mankind, schools and the means of instruction shall forever be encouraged by legislative provision, not inconsistent with the right of conscience.

SECTION 25. That no law shall be passed to prevent the in the several counties and townships within this State from an equal participation in the schools, academies, and universities within this State, which are endowed in whole or in part from the revenue arising from donations made by the United States for the support of schools and colleges, and the doors of the said schools, academies, and universities shall be open for the reception of scholars, students, and teachers of every grade, without any distinction or preference whatever contrary to the intention for which said donations are made.

In the constitution of 1851, section seventh of the first article says:

* Religion, morality, and knowledge, however, being essential to good gov ernment, it shall be the duty of the general assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

And article sixth also pertains to education.

ARTICLE VI.-EDUCATION.

SECTION 1. The principal of all funds arising from the sale or other disposition of lands, or other property, granted or intrusted to this State for educational and religious purposes, shall forever be preserved inviolate and undiminished; and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations.

SEC. 2. The general assembly 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 or other sect or sects shall ever have any exclusive right to, or control of, any part of the school furds of this State.

LOUISIANA.

Settled in 1699. Area, 46,341 square miles. Admitted into the Union in 1812.

[blocks in formation]

First constitution was formed in 1812, in which there is nothing rela

ative to education.

The constitution of 1845, under the caption of title seven, has the following:

TITLE VII.-PUBLIC EDUCATION.

ARTICLE 133. There shall be appointed a superintendent of public education, who shall hold his office for two years. His duties shall be prescribed by law. He shall receive such compensation as the legislature may direct.

ART. 134. The legislature shall establish free public schools throughout the State, and shall provide means for their support by taxation on property, or otherwise.

ART. 135. The proceeds of all lands heretofore granted by the United States to this State for the use or support of schools, and of all lands which may hereafter be granted or bequeathed to the State, and not expressly granted or bequeathed for any other purpose, which hereafter may be disposed of by the State, and the proceeds of the estates of deceased persons to which the State may become entiiled 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 centum; which interest, together with all the rents of the unsold lands, shall be appropriated to the support of such schools; and this appropriation shall remain inviolable. ART. 136. 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.

ART. 137. An 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.

[ocr errors]

ART. 135. It shall be called the University of Louisiana," and the Medical College of Louisiana, as at present organized, shall constitute the faculty of medicine.

ART. 139. The legislature shall provide by law for its further organization and government, but shall be under no obligation to contribute to the establishment or support of said university by appropriations.

The constitution of 1852, in title eight, in these words provides:

TITLE VIII.-PUBLIC EDUCATION.

ARTICLE 135. There shall be elected a superintendent of public education, who shall hold his office for the term of two years. His duties shall be prescribed by law, and he shall receive such compensation as the legislature may direct: Provided, That the general assembly shall have power, by a vote of the 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.

136. The general assembly shall establish free public schools throughout the State, and shall provide for their support by general taxation on property or otherwise; and all moneys so raised or provided shall be distributed to each parish, in proportion to the number of free white children between such ages as shall be fixed by the general assembly.

137. The proceeds of all lands heretofore granted by the United States to this State for the use or support of schools, and of all lands which may hereafter be granted or bequeathed to the State, and not expressly granted or bequeathed for any other purpose, which hereafter may be disposed of by the State, and the proceeds of the estates of deceased persons to which the State may become entitled by law, shall be held by the State as a loan, and shall be and remain a perpetual find, on which the State shall pay an annual interest of six per cent.; which interest, together with the interest on the trust funds deposited with this State by the United States, under the act of Congress approved June 23, 1836, and all the 1 ts of the unsod lands, shall be appropriated to the support of such schools; and ths appropriation shall remain inviolable.

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.

« PreviousContinue »