and advantage to it; that the president and principal professors would no doubt be always members of it, and the meetings might be ordered wholly or in part at the college and in that room. The Doctor at length appeared better satisfied, and I entreated him to propagate the idea and the plan as far and as soon as his discretion would justify. The Doctor accordingly did diffuse the project so judiciously and effectually, that the first legislature under the new constitution adopted and established it by law. Afterwards, when attending the convention for framing the constitution, I mentioned the subject to several of the members, and when I was appointed by the subcommittee to make a draft of a project of a constitution, to be laid before the convention, my mind and heart were so full of the subject that I inserted Chapter V, settion 2. I was somewhat apprehensive that criticism and objections would be made to the section, and particularly that the "natural history" and the "good humor" would be stricken out, but the whole was received very kindly, and passed the convention unanimously without amendment. THE CONSTITUTION OF NEW HAMPSHIRE, JUNE 2, 1784. New Hampshire was the first of the States to form a State constitution. But the "civil government" adopted January 5, 1776, was very imperfect, and in 1784 gave place to one that was more complete. The first constitution made no reference to education. The following is the educational section of the second one, copied from the constitution of Massachusetts of 1780 with only two words changed. It was continued unchanged in the constitution of 1792, and has never been amended; PART II.-Encouragement of literature, etc. SEC. 83. Knowledge and learning generally diffused through a community being essential to the preservation of a free government, spreading the opportunities and advantages of education through the various parts of the country being highly conducive to promote this end, it shall be the duty of the legislatures and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools; to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trade, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and pri vate charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections and generous sentiments among the people. THE CONSTITUTION OF VERMONT, MARCH, 1787. This section was also incorporated in the constitution of 1793 unchanged, and is still in force: CHAP. II, SEC. 38. Laws for the encouragement of virtue, and prevention of vice and immorality, ought to be constantly kept in force, and duly executed; and a competent number of schools ought to be maintained in each town for the convenient instruction of youth; and one or more grammar schools be incorporated, and properly supported in each county in this State. And all religious societies, or bodies of men, that may be hereafter united or incorporated, for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities, and estates, which they in justice ought to enjoy under such regulations as the General Assembly of this State shall direct. www THE CONSTITUTION OF PENNSYLVANIA, SEPTEMBER 2, 1790. The following article (Art. VII) was also continued word for word in the constitution of 1838: SEC. 1. The legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the State, in such manner that the poor may be taught gratis. § 2. The arts and sciences shall be promoted in one or more seminaries of learning. THE CONSTITUTION OF DELAWARE, JUNE, 1792. The first constitution of Delaware, which went into operation September 21, 1776, was silent upon education. The following provision was inserted in the constitution of 1792, was continued in that of 1831 (Art. VII, sec. 11), and is still in force: ART. VIII, SEC. 12. The Legislature shall, as soon as conveniently may be, provide by law, establishing schools, and promoting arts and sciences. # # THE CONSTITUTION OF TENNESSEE, FEBRUARY 6, 1796. ART. I, SEC. 24. No member of the general assembly shall be eligible to any office or place of trust, except to the office of a justice of the peace, or a trustee of any literary institution, where the power of appointment to such office or place of trust is vested in their own body. THE CONSTITUTION OF GEORGIA, OCTOBER, 1798.1 ART. IV, SEC. 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. The foregoing are all the educational provisions found in the constitutions of the period 1776-1802. Still, the following States formed constitutions at the dates given: New Jersey, 1776; Maryland, 1776; Virginia, 1776; South Carolina, 1776, 1778, and 1790; New York, 1777; Kentucky, 1792 and 1799. Some of these constitutions were also amended within those years; that of Maryland was amended four times. The reason for the non-appearance of Connecticut and Rhode Island in this period has been already given. II. SECOND PERIOD, 1803-1835. Discussion; Ohio, 1803; Indiana, 1816; Mississippi, 1817; Illinois, 1818; Connecticut, 1818; Alabama, 1819; Maine, 1820; New York, 1821; Missouri, 1821; Tennessee, 1835. At the beginning of this period, two forces that have since powerfully affected education, and therefore State constitutions, first began to act. The first was the extension of population, especially the New England and Northern population, beyond the limits of the old States into the great West. The second was the Congressional land grants 1 Georgia also adopted a constitution in 1789, but neither this nor any of the amendments to it contained any reference to education. for common schools and institutions of higher learning, the history of which has been given already. The reason for closing the period with the year 1835 will be given at the opening of the next period. THE CONSTITUTION OF OHIO, FEBRUARY 19, 1803.1 This is the first of the constitutions to show the effect of the new forces: ART. VIII. That the general, great, and essential principles of liberty and free government may be recognized, and forever unalterably established, we declare: 3. That all men have a natural and indefeasible right to worship Almighty God, [here the rights of conscience and of religions worship are declared, and disqualifications from office on account of religion forbidden.] But religion, morality, and knowledge being essentially necessary to the good government and the happiness of mankind, schools and the means of instruction shall forever be encouraged by legis lative provision not inconsistent with the rights of conscience. 25. That no law shall be passed to prevent the poor in the several counties and townships within this State from an equal participation in the schools, academies, colleges, and universitics within this State, which are endowed, in whole or in part, from the revenues arising from the 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 intent for which the said donations were made. 27. That every association of persons, when regularly formed within this State, and having given themselves a name, may, on application to the legislature, be entitled to receive letters of incorporation to cuable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and other purposes. THE CONSTITUTION OF INDIANA, DECEMBER 11, 1816. ART. IX, SEC. 1. Knowledge and learning generally diffused through a community being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country 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 lands, or from any other quarter, to the accomplishment of the grand object for which they are or may be intended. But no lands granted for the use of schools or seminaries of learning shall be sold, by authority of this State, prior to the year 1820; and the moneys which may be raised out of the sale of any such lands, or otherwise obtained, for the purposes aforesaid, shall be and remain a fund for the exclusive purpose of promoting the interests of literature and the sciences, and for the support of seminaries and public schools. The general assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientifical, and agricultural improvement by allowing rewards and immunities for the promotion and improvement of arts, sciences, commerce, manufactures, and natural history; and to countenance and encourage the principles of humanity, industry, and morality. SEC. 2. It shall be the duty of the general assembly, as soon as circumstances will permit, to provide by law for a general system of education, ascending in regular gradation from township schools to a State university, wherein tuition shall be gratis and equally open to all. This is the date of the admission of Ohio to the Union, according to the best authorities. SEC. 3. And for the promotion of such salutary end, the money which shall be paid as an equivalent by persons exempt from militia duty, except in times of war, shall be exclusively, and in equal proportions, applied to the support of county seminaries; also, all fines assessed for any breach of the penal laws shall be applied to said seminaries in the counties wherein they shall be assessed. SEC. 5. The general assembly, at the time they lay off a new county, shall cause at least 10 per cent. to be reserved out of the proceeds of the sale of town-lots in the seat of justice of such county for the use of a public library for such county; and at the same session they shall incorporate a library-company, under such rules and regulations as will best secure its permanence and extend its benefits. The foregoing provisions call for two observations. It is here that we meet the first attempt to throw constitutional safeguards around the lands granted by Congress to any State for an educational purpose. It is here also that we find the first constitutional command to a legislature to establish a system of State education, ascending from the primary school to the university, where instruction should be free and equally open to all. The first fact is referable to the growing importance of the school lands in the public estimation, and the second one is due either to a quickening general interest in public education or to the presence in Indiana of farsighted statesmen. THE CONSTITUTION OF MISSISSIPPI, DECEMBER 10, 1817. This section (Art. VI) was continued in the constitutions of 1832 and 1865 as Article VII, section 14: SEC. 16. 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. THE CONSTITUTION OF ILLINOIS, DECEMBER 3, 1818. This constitution did not mention the subject of education, but the accompanying ordinance contained full provisions respecting the school lands: Whereas the Congress of the United States, in an act entitled "An act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," passed the 18th of April, 1818, have offered to this convention, for their free acceptance or rejection, the following propositions, which, if accepted by the convention, are to be obligatory upon the United States, viz: "1st. That section numbered sixteen in every township, and, when such section has been sold or otherwise disposed of, other lands equivalent thereto and as contiguous as may be, shall be granted to the State, for the use of the inhabitants of such township for the use of schools. "3d. That 5 per cent. of the net proceeds of the land lying within such State, and which shall be sold by Congress from and after the 1st day of January, 1819, after deducting all expense incident to the same, shall be reserved for the purposes following, viz: Two-fifths to be disbursed under the direction of Congress, in making roads leading to the State; the residue to be appropriated by the legislature of the State for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university. "4th. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said State, to be appropriated solely to the use of such seminary by the said legislature." * # * * * Therefore, this convention, on behalf of and by the authority of the people of the State, do accept the foregoing propositions: And this convention do further ordain and declare that the foregoing ordinance shall not be revoked without the consent of the United States. THE CONSTITUTION OF CONNECTICUT, OCTOBER 5, 1818. ARTICLE VIII.-Of education. SEC. 1. The charter of Yale College, as modified by agreement with the corporation thereof, in pursuance of an act of the general assembly, passed in May, 1792, is hereby confirmed.1 SEC. 2. The fund called the school-fund shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public schools throughout the State, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained in such manner as the general assembly may prescribe, published, and recorded in the comptroller's office; and no law shall ever be made authorizing said fund to be diverted to any other use than the encouragement and support of public or common schools, among the several school-societies, as justice and equity shall require. THE CONSTITUTION OF ALABAMA, DECEMBER 14, 1819. ARTICLE VI.-Education. 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. "An act for enlarging the powers and increasing the funds of Yale College," appointed William Hart, John Trumbull, and Andrew Kingsbury as commissioners, to perform certain duties specified with regard to balances due to the State, which were appropriated to Yale College upon condition of the acceptance, on the part of the president and corporation, of certain modifications in their corporate powers, of which legal evidence was to be filed in the office of the secretary of state. An additional act was passed May, 1796, by which a claim of 50 per cent. of sums collected on certain balances was relinquished to the college on condition that the latter should transfer $13,726.39 in deferred stock of the United States to the State treasurer. The president and corporation were by this act required to report annually to the general assembly an account of receipts and expenditures of the moneys belonging to the college. -H. 2 See the chapter entitled "The common school fund of Connecticut." |