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PROVISIONS RESPECTING EDUCATION

IN THE

CONSTITUTIONS OF THE SEVERAL STATES.

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,

DEPARTMENT OF EDUCATION, WASHINGTON, 1868.

Commissioner.

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New York....... 1777 1822

Common school fund; literature fund;
$25,000 of deposit fund annually ap-
propriated..

New Jersey..... 1776 1244 School fund not to be borrowed; income

Pennsylvania... 1776 1790

Delaware....

Maryland...

Virginia

for equal benefit of all

Legislature to establish schools and pro-
mote arts and science...

Legislature to establish schools and pro-
mote arts and science..

1776 1831

1776 1864

Superintendent; board of education;

school fund

1776 1851

North Carolina.. 1776 1776
South Carolina 1776 none.
Georgia.
1777 1798
Kentucky..... 1790 1850
1796 1835

Capitation tax on white males..
Schools at low prices; universities

Legislature to provide education for the
people and endow university....
Superintendent; each county to have
proportion of school fund

Principal of school fund inviolate; com-
missioners

88

90

90

91

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Tennessee
Ohio......
Louisiana..... 1812 1845

100

1802 1802

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Indiana....... 1816 1816

Superintendent; schools equally open
to all; school fund

104

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1818 none.

107

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Schools to be encouraged; university
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 1866 to read and write....
Schools to be encouraged......
Superintendent; board of education;
public schools kept at least three
months annually; normal, agricultu-
ral, university, and benevolent schools.
School fund to be kept inviolate......
Superintendent; board of education;
school and university fund; tax levied
on colored persons to be used for col-
ored schools..

107

108 110

110 112

1848 1848 Superintendent; school fund; school li-
braries; towns to raise by taxation at
least one half the sum annually re-
ceived from school fund.

California.... 1849 1849 Superintendent; school and university

113

Iowa...

1846 1846 Board of education; school funds and
school lands...

115

Wisconsin

117

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funds; public schools to be kept three
months each year......
School fund and lands; university..
Superintendent; school land commis-
sioners; university..

119

119

120

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Superintendent common, normal, agri-
cultural, and university schools;
school lands to be sold by vote of
people......

121

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Superintendent; school fund

122

1864 1864

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Superintendent; school fund; univer-
sity tax on property for schools.
School lands not to be sold for less than
$5 per acre....

123

124

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.

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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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