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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 su plus 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.
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.
Settled in 1720. Area, 55,409 square miles. Admitted into the Union in 1818.
The first constitution was adopted in 1818, and the second in 1847, neither of which contains any provision relative to education.
Originally a part of Georgia. Area, 46,000 square miles. Admitted
The constitution of 1819, which was in force in 1860, makes the following provision relative to
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."
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:
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.
2. Separate schools may be established for children of African descent. All 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
tor, and hold his office for the term of four years, and shall perform such duties and receive such compensation as may be prescribed by law. The Secretary of State and Attorney General shall be ex officio members, and with the Superintendent compose said Board of Education.
4. The General Assembly shall also establish and maintain a State University, with departments for instruction in teaching, in agriculture, and in natural science, as soon as the public school fund will permit.
5. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States; also all moneys, stocks, bonds, lands, and other property now belonging to any fund for purposes of education; also the net proceeds of all sales of lands and other property and effects that may accrue to the State by escheat, or from sales of estrays, or from unclaimed dividends, or distributive shares of the estates of deceased persons, or from fines, penalties, and forfeitures; also any proceeds of the sales of public lands which may have been or hereafter may be paid over to this State (if Congress will consent to said appropriation;) also all other grants, gifts, or devises that have been or hereafter may be made to this State, and not otherwise appropriated by the terms of the grant, gift, or devise, shall be securely invested and sacredly preserved as a public school fund, the annual mcome of which fund, together with so much of the ordinary revenue of the State as may be necessary, shall be faithfully appropriated for establishing and maintaining the free schools and the university in the article provided for, and for no other uses or purposes whatever.
6. No part of the public school fund shall ever be invested in the stock or bonds or other obligations of any State, or of any county, city, town, or corporation. The stock of the Bank of the State of Missouri, now held for school purposes, and all other stocks belonging to any school or university fund, shall be sold in such manDer and at such time as the General Assembly shall prescribe; and the proceeds thereof, and the proceeds of the sales of any lands or other property which now belong or may hereafter belong to said school fund, may be invested in the bonds of the United States. All county school funds shall be loaned upon good and unincumbered real estate security, with personal security in addition thereto.
7. No township or school district shall receive any portion of the public school fund, unless a free school shall have been kept therein for not less than three months during the year for which distribution thereof is made. The General Assembly shall have power to require by law that every child of sufficient mental and phys ical ability shall attend the public schools during the period between the ages of five and eighteen years for a term equivalent to sixteen months, unless educated by other means.
8. In case the public school fund shall be insufficient to sustain a free school at least four months in every year, in each school district in this State, the General Assembly may provide by law for the raising of such deficiency by levying a tax on all the taxable property in each county, township, or school district as they may deem proper.
9. The General Assembly shall, so far as it can be done without infringing upon vested rights, reduce all lands, moneys, and other property used or held for school purposes, in the various counties of this State, into the public school fund herein provided for; and, in making distribution of the annual income of such fund, shall take into consideration the amount of any county or city funds appropriated for common school purposes, and make such distribution as will equalize the amount appropriated for common schools throughout the State.
SECTION 19. After the first day of January, one thousand eight hundred and sixty-six, every person who was not a qualified voter prior to that time, shall, in addition to the other qualifications required, be able to read and write in order to become a qualified voter, unless his inability to read or write shall be the result of a physical disability.
Formed from the Louisiana purchase. Area 52,198 square miles. Admitted into the Union in 1836.
The constitution of 1836 makes provision for education in article nine.
SECTION 1. Knowledge and learning generally diffused through a community being essential to the preservation of a free government, and diffusing the opportunities and advantages of education through the various parts of the State 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 land, or from any other source, to the accomplishment of the object for which they are or may be intended. 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, science, commerce, manufactures, and natural history, and countenance and encourage the principles of humanity, industry, and morality.
In the amended constitution of 1865 this article remains, and is numbered eight.
First settled in 1650. Area 56,243 square miles. Admitted into the Union in 1837.
The governor shall nominate, and by and with the advice and consent of the legislature in joint vote, shall appoint a superintendent of public instruction, who shall hold his office for two years, and whose duties shall be prescribed by