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esse may be, arising from the sale of said lands, or any lands which may hereafter be granted or appropriated for sueh purpose.
Sec. 9. No religious sect or sects shall ever control any part of the school or university funds of this State.
SEC. 10. The legislature shall, from time to time, as may be necessary, provide for the levy and collection of such taxes as may be required to properly support the system of free schools berein adopted.
The new constitution of North Carolina, adopted by the convention March 17, 1868, and ratified April 21-23, 1868, by the people of the State, provides for education by Article IX:
SECTION 1. Religion, morality, and knowledge being necessary to good gov. ernment and happiness of mankind, schools and the means of education shall forever be encouraged.
SEC. 2. The general assembly, at its first session under this constitution, shall provide, by taxation and otherwise, for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years.
SEC. 3. Each county of the State shall be divided into a convenient number of districts, in which one or more public sehools shall be maintained at least four months in every year; and if the commissioners of any county shall fail to comply with the aforesaid requirements of this section, they shall be liable to indictment.
SEC. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise specially appropriated by the United States or heretofore by this State; also, all moneys, stocks, bonds, and other property now belonging to any fund for purposes of education ; also, the net proceeds that may accrue to the State from sales of estrays, or from fines, penalties, and forfeitures; also, the proceeds of all sales of the swamp lands belonging to the State ; also, all money that shall be paid as an equivalent for exemption from military duty; also, all grants, gifts, or devises that may hereafter be made to this State, and not otherwise appropriated by the grant, gift, or devise, shall be securely invested, and sacredly preserved as an irreducible educational fund, the annual income of which, together with so much of the ordinary revenue of the State as may be necessary, shall be faithfully appropriated for establishing and perfecting in this State a system of free public schools, and for no other purposes or uses whatsoever.
Sec. 5. The University of North Carolina, with its lands, emoluments, and franchises, is under the control of the State, and shall be held to an inseparable connection with the free public school system of the State.
SEC. 6. The general assembly shall provide that the benefits of the university, as far as practicable, be extended to the youth of the State free of expense for tuition; also, that all the property which has heretofore accrued to the State, or shall hereafter accrue, from escheats, unclaimed dividends, or distributive shares of the estates of deceased persons, shall be appropriated to the use of the university.
SEC. 7. The governor, lieutenant governor, secretary of state, treasurer, auditor, superintendent of public works, superintendent of public instruction, and attorney general, shall constitute a State board of education.
SEC. 8. The governor shall be president, and the fuperintendent of public instruction shall be secretary, of the board of education.
Sec. 9. The board of education shall succeed to all the powers and trusts of the president and directors of the literary fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools, and the educational fund of the State ; but all acts, rules, and
regulations of said board may be altered, amended, or repealed by the general assembly, and when so altered, amended, or repealed, they shall not be re-enacted by the board.
SEC. 10. The first session of the board of education shall be held at the capital of the State, within 15 days after the organization of the State government under this constitution; the time of future meeting may be determined by the board.
Sec. 11. A majority of the board shall constitute a quorum for the transaction of business.
SEC. 12. The contingent expenses of the board shall be provided for by the general assembly.
Sec. 13. The board of edacation shall elect trustees for the university, as follows: one trustee for each county in the State, whose term of office shall be eight years. The first meeting of the board shall be held within ten (10) days after their election, and at this and every subsequent meeting, ten trustees shall constitute a quorum. The trustees at their first meeting shall be divided, as equally as may be, into four classes. The seats of the first class shall be vacated at the expiration of two years; of the second class, at the expiration of four years ; of the third class, at the expiration of six years; of the fourth class, at the expiration . of eight years; so that one-fourth may be chosen every second year.
Sec. 14. The board of education and the president of the university shall be 63 officio members of the board of trustees of the university; and shall, with three other trustees to be appointed by the board of trustees, constitute the executive committee of the trustees of the University of North Carolina, and shall be clothed with the powers delegated to the executive committee under the existing organization of the institution. The governor shall be er officio president of the board of trustees and chairman of the executive committee of the university. The board of education shall provide for the more perfect organization of the board of trustees.
SEC. 15. All the privileges, rights, franchises, and endowments heretofore granted to, or conferred upon, the board of trustees of the University of North Carolina by the charter of 1789, or by any subsequent legislation, are hereby vested in the board of trustees authorized by this constitucion for the perpetual benefit of the university.
Sec. 16. As soon as practicable after the adoption of this constitution, the general assembly shall establish and maintain, in connection with the university, a department of agriculture, of mechanics, of mining, and of normal instruction.
SEC. 17. The general assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of 6 and 18 years, for a term of pot less than 16 months, unless educated by other means.
The new constitution of South Carolina, adopted by the eonstitutional convention in March, 1868, and ratified by the people April 14 to 16, 1868, provides for education in Article X:
SECTION 1. The supervision of public instruction shall be vested in a State superintendent of education, who shall be elected by the qualified electors of the State, in such manner and at such time as the other State officers are elected ; his powers, duties, term of office, and compensation shall be defined by the general assembly.
Sec. 2. There shall be elected, biennially, in each county, the qualified electors thereof, one school commissioner, said commissioners to constitute a State board of education, of which the State superintendent shall, by virtue of his office, be chairman; the powers, duties, and compensation of the members of said board shall be determined by law.
Sec. 3. The general assembly shall, as soon as practicable after the adoption of this constitution, provide for a liberal and uniform system of free public schools throughout the State. and shall also make provision for the division of the State into suitable school districts. There shall be kept open, at least six months in each year, one or more schools in each school district.
SEC. 4. It shall be the duty of the general assembly to provide for the compul. sory attendance, at either public or private schools, of all children between the ages of six and sixteen years, not physically or mentally disabled, for a term equiv. sent to twenty-four months, at least: Prorided, That no law to that effect shall be passed until a system of public schools has been thoroughly and completely organized and facilities afforded to all the inhabitants of the State for the free education of their children.
SEC. 5. The general assembly shall levy, at each regular session after the Bdoption of this constitution, an annual tax on all taxable property throughout the State for the support of public schools, which tax shall be collected at the same time and by the same agents as the general State levy, and shall be paid into the treasury of the State. There shall be assessed on all taxable polls in the State an annual tax of one dollar on each poll, the proceeds of which tax shall be applied solely to educational purposes : Provided, That no person shall ever be deprived of the right of suffrage for the non-payment of said tax. No other poil or capitation tax shall be levied in the Stale, nor shall the amount assessed on each po'l exceed the limit given in this section. The school tax shall be distributed among the several school districts of the State in proportion to the respective pum• ber of pupils attending the public schools. No religious sect or secis shall bave exclusive right to or control of any part of the school funds of the State, nor shall sectarian principles be tanght in the public schools.
SEC 6. Within five years after the first regular session of the general assembly, following the adoption of this constitution, it shall be the duty of the general assembly to provide for the establishment and support of a State normal school, which shall be open to all persons who niay wish to become teachers.
Stc. 7. Educational institutions for the benefit of all the bliud, deaf, and dumb, and such other benevolent institutions as the public good may require, shall be established and supported by the State, subject to such regulations as may be prescribed by law.
SEC. 8. Provisions shall be made by law, as soon as practicable, for the establishment and maintenance of a State reform school for juvenile offenders.
SEC. 9. The general assembly shall provide for the inaintenance of the State university, and, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the land given to this State for the support of such a college, by the act of Congress passed July 2, 1862, or the money or scrip, as the case may be, arising from the sale of said lands, or any lands which may hereafter be given or appropriated for such purpose, for the support and maintenance of such college, and may make the same a branch of the Stato university, for instruction in agriculture, the mechanic arts, and the natural sciences conuected therewith.
Sec. 10. All the public schools, colleges, and universities of this State, supported in wbole or in part by the public funds, shall be free and open to all the children and youths of the State, without regard to race or color.
SEC. II. The proceeds of all lands that have been or hereafter may be given by the United States to this State for educational purposes, and not otherwise appropriated by this State or the United States, and ot all lands or other property given by individuals, or appropriated by the State for like purposes, and of all estates of deceased persons who have died without leaving a will or heir, shall be securely invested and sacredly preserved as a Stute school fund, and the annual interest and income of said fund, together with such other means as the general assembly may provide, shall be faithfully appropriated for the purpose of establishing and maintaining free public schools, and for no other purposes or uses whatever.
The constitution of Virginia, framed by the convention which met in Richmond, December 3, 1867, has the following:
ARTICLE VIII.-- EDUCATION.
SECTION 1. The general assembly shall elect, on joint ballot, within thirty days after its organization under this constitution, and every fourth year thereafter, a superintendent of public instruction. He shall have the general supervision of the public free-school interest of the State, and shall report to the general assembly for its consideration, within thirty days after his election, a uniform system of public free schools.
SEC. 2. There shall be a board of education, composed of the governor, superintendent of public instruction, and attorney gennral, which shall appoint, and have power to remove for cause and upon notice to the incumbents, subject to confirmation by the Senate, all county uperintendents of free schools. This board shall have regulated by law the management and investment of all the school funds, and such supervision of schools of higher grade as the law shail provide.
Sec. 3. The general assembly shall provide by law, at its first session under this constitution, a uniform system of public free schools, and for its gradual, equal, and full introduction into all the counties of the State by the year 1076, or as much earlier as practicable.
Sec. 4. The general assembly shall have power, after a full introduction of the public free-school system, to make such laws as shall not permit parents and guardians to allow their children to grow up in ignorance and vagranıy.
SEC. 5. The general assembly shall establish, as soon as practicable, normal schools, and may establish agricultural schools and such grades of schools as shall be the public good.
SEC. 6. The board of education shall provide for uniformity of text-books and the furnishing of school-houses with such apparatus and library as may be necessary, under such regulations as may be provided by law.
Sec. 7. The general assembly shall set apart, as a permanent and perpetual literary fund, the present literary funds of the State, the proceeds of all public lands donated by Congress for public school purposes, of all escheated property, of all waste and appropriated lands, of all property accruing to the State by forfeiture, and all fines collected for offences committed against the State, and such other sums as the general assembly may appropriate.
SEC. 8. The general assembly shall apply the anual interest on the literary fund, any capitation or other special tax provided for by this constitution for public free-school purposes, and an annual tax upon the property of the State of not less than one mill nor more than five mills on the dollar, for the equal benefit of all the people of the State, the number of children between the ages of five and twenty-one years in each public free school district being the basis of such division. Provision shall be made to supply children attending the public free schools with necessary text-books in cases where the parent or guardian is unable, by reason of poverty, to furnish them. Each county and public free-school district may raise additional sums by a tax on property for the support of public free schools. All unexpended sums of any one year in any public free-school district shall go into the general school fund for redivision the next year: Provided, That any tax authorized by this section to be raised by counties or school districts shall not exceed five mills on a dollar in any one year, and shall not be subject to a redivision as hereinbefore provided in this section.
Sec. 9. The general assembly shall have power to foster all higher grades of schools under its supervision, and to provide for such purposes a permanent educational fund.
Sec. 10. All grants and donations received by the general assembly for educa. tional purposes shall be applied according to the terms prescribed by the donors.
Sec. 11. Each city and county shall be held accountable for the destruction of sehool property that may take place within its limits by incendiaries or open violence.
Sec. 12. The general assembly shall fix the salaries and prescribe the duties of all school officers, and shall make all needful laws and regulations to carry into effect the public free-school system provided for by this article.
Article VII, on county organizations, contains the following section respecting
SEC. 3. Each township shall be divided into so many compactly-located school districts as may be deemed necessary: Provided, That no school districts shall be formed containing less than one hundred inhabitants. In each school district there shall be elected or appointed annually one school trustee, who shall hold his office three years : Provided, That at the first election held under this provision there stall be three trustees elected, whose terms shall be one, two, and three years, respectively.