witness.1 Nor, it seems, can a man hold office unless he believes in God and in a future state of rewards and punishments. And a man who does not believe in God and a future state of retribution will be deemed incompetent as a witness or juror.* в 3 § 47. Oaths and Affirmations. The provisions of § 40 shall not be construed to dispense with oaths or affirmations." And the mode of administering an oath shall be such as is most binding upon the person sworn. The general form is to be such as shall be deemed by the Legislature the most solemn appeal to God,' but an affirmation may be made, instead of an oath, by Quakers.8 Any oath or affirmation, taken as above, renders the person liable for perjury, if falsely taken, as if the oath were in the ordinary form." § 48. Sundays and Sabbaths. - By the Constitution of Tennessee no person shall, in time of peace, be required to perform any service to the public on any day set apart by his religion as a day of rest.10 § 49. Superstitious uses are not recognized in the American law. White, § 19. ARTICLE 5. EDUCATION 850. General Right.11- In some States the Constitution declares that the people have a right to education, which it is the duty of the State to guard and maintain,12 "without distinction of race, color, In others, that a general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, it shall be the duty of the Legislature to encourage the promotion of intellectual, scientific, moral, social, and agricultural improvement," "to cherish the interests of literature and the sciences,' or "to encourage schools and the means of instruction." 16 "15 1 Ark. and so, possibly, by the c. 1. in other States. White, p. 65. 11 See § 21. There is, of course, no constitutional right to free education 2 Md. Decln. Rts. 37; Pa. 1, 4; except where so specified. Tenn. 9, 2. 3 Pa., Tenn. 12 N. C. 1, 27; Wash. 9, 1; Wy. 1, 23. 13 Ida. 9, 6; Wash.; Wy. 7, 10. See $21. 14 Cal. 9, 1; Ind. 8, 1; Io. 9, 2, 3; Kan. 6, 2; Mass. 5, 2; Md. Decln. Rts. 43; Mich. 13, 11; Miss. 201; N. D. 151; Nev. 11, 1; W. Va. 12, 12. See also § 391. 15 Mass.; N. H. 2, 82; Tenn. 11, 12. 16 Ida. 9, 1; Mass.; Me. 8, 1; N. C. 9, 1; N. D. 147; Neb. 1, 4; N. H.; O. 1, 7; R. I. 12, 1; S. D. 8, 1; Tex. 7, 1. "All religious societies or bodies of men, united or incorporated for the advancement of religion or learning, or other pious or charitable purposes, ought to be encouraged and protected in the enjoyment of the rights, immunities, and estates which they in justice ought to enjoy, under such regulations as the Legislature direct."1 This right or duty of education is not mentioned or referred to in the Federal Constitution, though most of the other fundamental principles are. It would therefore seem without the power of the national government to prescribe, limit or regulate the State common schools (10 Bush, 681), (63 Ky. 49). A treaty to that effect, though valid in favor of a foreign power, would not be binding upon the States except as a consequence of the war power. § 51. Free Schools. - The Constitutions of nearly all the States provide for a system of free schools. And in most of the newer States there is provided by the Constitution a school fund to be used for that purpose.3 $ 52. Time of Holding. -The schools must be held, in several States, for at least three months a year in every district; in others, at least four months, and in some six." 1 Vt. 2, 41. Congress after they had adopted constitutions which were declared "republican in form" (U. S. Stats. 1890, 656 and 664). One of these enabling acts also required it to be according to the principles of the Declaration of Independence; which would seem to make it, after all, a constitutional document. 2 Ala. 256; Ark. 14, 1; Cal. 9, 5; Col. 9, 2; Del. 10, 1; Fla. 12, 1; Ga. 8, 1, 1; Ida. 9, 1; Ill. 8, 1; Ind. 8, 1; Io. 9, 1, 12; Kan. 6, 2; Ky. 183; La. 248; Md. 8, 1; Me. 8, 1; Mich. 13, 4; Minn. 8,3; Miss. 201; Mo. 11, 1; Mon. 11, 1; Ord., N. C. 9, 2; N. D. 147; Neb. 8, 6; Nev. 11, 2; N. J. 4, 7, 6; N. Y. 9, 1; O. 6, 2; Okla. 13, 1; Ore. Ala. 256, 279; Ark. 14, 2; Cal. 8, 3; Pa. 10, 1; S. C. 11,5; S. D. 8, 1; 9, 4; Col. 9, 3; Ct. 8, 2; Del. 10, 2; 22, 1; Tex. 7, 1; Utah 3, 4; 10, 1; Va. Fla. 12, 4; 1893, p. 491; Ga. 8, 1, 1; 129; Vt. 2, 41; Wash. 9, 1; 26, 1; Ida. 9, 2; Ill. 8, 2; Ind. 8, 2; Io. 9, 2, 1; 27, 1; W. Va. 12, 1; Wis. 10, 3; Wy. Kan. 6, 3; Ky. 184; La. 248; Md. 8, 3; 7, 1; Ord. (Irrevocable without the Mich. 13, 2; Minn. 8, 2; Amt. 1903, 25; consent of the U. S.; Wy., Wash., Miss. 206; Mo. 11, 6-8; Mon. 11, 2; N. C. Utah, N. D., S. D., Mon.) See U. S. 9, 4, 5; N. D. 1, 53; Neb. 8, 3; Nev. 11, Stats. 1889, 180. In Georgia, free 2; N. J. 4, 7, 6; N. Y. 9, 3; O. 6, 1; schools are to be established only on Ore. 8, 2; Pa.; R. I. 12, 2; S. C. 11, 6; two-thirds vote of the town or county S. D. 8, 2; Tenn. 11, 12; Tex. 7, 2; or district, and the legislature may Utah 10, 3; 9, 6; Va. 134; Wash. 9,2; prescribe who shall vote at such elec- 16, 1; W. Va. 12, 4; Wis. 10, 2; Wy. tion (1903, p. 23). The Dakotas, Mon- 7, 2. (This also is irrevocable without tana, and Washington were authorized the consent of the U. S. as above in admission by Act of Congress pre- six of the new Western States.) scribing that they should adopt State 4 Col.; Io. 9, 1; Kan. 6, 4; Mich. constitutions containing this, with 13, 5; Mo. 11, 2; Mon. 11, 6; Neb. 8, other similar provisions, upon procla- 7; Wis. 10, 5; mation by the President. For Utah, Miss. 205; see U. S. Stats. 1894, 138. Idaho and Va. 136. Wyoming were admitted by Acts of • Cal., Nev. Wy. 7, 8. Mo. 11, 7; N. C. 9, 3; In Vermont, there must be one or more schools in each town, and one or more grammar schools in each county; and one in each township, in Minnesota." $53. Age of Scholars. -The free schools must provide instruction for all persons between the ages of 5 and 21,3 6 and 21, 4 and 20,5 5 and 18,° 6 and 18,7 6 and 20,8 7 and 20,9 7 and 21.10 See also 55. § 54. Unsectarian Schools. No public money shall ever be appropriated for the support of any sectarian or denominational school; 12 and the same would follow from § 44 in other States. So, no public money can be appropriated for any school not under the exclusive control of the State or its school department. No sect shall ever have any exclusive right to, or control of, the State school fund. So, the school fund is for "the equal benefit of the people.'' 15 13 No sectarian instruction or control is permitted, directly or indirectly in any of the State schools. 10 No religious test required, for teacher or student.17 No teacher or student shall ever be required to attend or participate in any religious service whatever.18 $55. Compulsory Attendance. The Constitutions of a few States specify that the Legislature may enact laws requiring the attendance at a free school of all persons between six and eighteen years of age for a term of at least sixteen months in all; 19 and 1 Vt. 2, 41. Utah 10, 13; Wash. 9, 4; Wis. 1, 18; see 2 Minn. 8, 3. Io. 9, 2, 7; Kan.; Minn. 8, 2; § 51 note 2- in the six new States and in Idaho, by Act of Congress Neb. 8, 6. Ark.; Col.; Ida. 9, 9; Mon. 11, 7; (U. S. Stat. 1890, 656, 658), as to N. C.; Pa.; S. C. 11, 5; Wy. 7, 9. 5 Ore. 8, 4; Wis. 10, 3. • N. J. Ida. 9, 9; La. Okla. 8 Mo. 11, • Va. 10 Ala. 1. 11 See also §§ 44, 323. For sex distinctions, color distinctions, etc., in schools, see §§ 22, 24. 7; lands granted by the United States. 13 Cal.; Mass.; Me. 8, 1; Mon. 5, 35; 11, 8; N. D.; Pa. 3, 17; S. C. 11, 9; Va. 141; Wy. 3, 36. 14 Kan. 6, 8; Miss. 208; O. 6, 2; Tex. 1891, 195. 15 Ct. 8, 2; N. J.; Tenn. 11, 12; Wash. 26, 1; 9, 4; Wy. 7, 12, Ord. 16 Cal.; Col. 9, 8; Ida, 9, 6; Mon. 11, 9; N. D. 147; Neb. 8, 11; Nev. 11, 9; S. C.; S. D. 22, 4; 26, 1; 8, 16; Utah 10, 1; 3, 4; Wis. 10, 3 (irrevocable in 12 Ala. 263; Cal. 9, 8; Col. 9, Del. 10, 3; Ida. 9, 5; Ill. 8, 3; Ky. 189; La. 253; Mass. Amt. 18; Mich. the new States, see § 51, note 2). 4, 40; Minn. 8, 3; Miss. 208; Mo. 11, 11; Mon. 11, 8; 5, 35; N. D. 152; N. H. 2, 82; N. Y. 9, 4; Pa. 10, 2; S. C. 11, 9; S. D. 8, 16; 26, 18; Tex. 7, 5; 17 Ida. 9, 6; Mon.; Utah 10, 12 & 1. 18 Col., Ida., Wy. 19 N. C. 9, 15; Okla., Wy. (unless educated by other means). 2 so, of children between eight and twelve,1 not mentally or physically disabled." So, of all persons between six and eighteen for a term of at least three years,3 or three months each year.* So, in Nevada, the Legislature may enact laws to insure general attendance. See also § 53. § 56. Universities. - The Constitutions of many of the States provide for a State university or college." 7 8 So, in Massachusetts, Harvard College is specially recognized by the Constitution and provided for; and in Connecticut, Yale; s In Virginia, William and Mary; ' in Louisiana, Southern University for Negroes; 10 in California, Leland Stanford." 9 11 And in some States the Constitution provides specially for free normal schools or academies. 12 And in others for an agricultural school or schools; 13 for a school of mines; 14 for a mechanical school; 15 manual training or technical schools; 18 a school of forestry; 17 a scientific school; 18 kindergartens." 16 § 57. The Language taught in the schools is, by the Constitution of two States, to be English; 20 but in Louisiana the instruction may be given in French. § 58. Libraries. - The Constitutions of two States provide that there shall be at least one public library in each township.21 So, in Iowa, the State school fund may be applied to the establishment of libraries.22 1 Del. 10, 1; Va. 138. § 59. Legislative Restrictions. No educational or charitable Miss. 201; Mon. 11, 12; N. C. 9, 14; N. D. 148-215; Nev. 11, 5; N. Y. 9, 1; Pa. 3, 17; S. C. 10, 6; Va. 137; Wash. 9, 2; W. Wis. 10, 2. 2 Va. 3 Col. 9, 11; Wy. 7, 9. • Okla. 13, 4. 5 Nev. 11, 2. Ala. 264; Cal. 9, 9; Col. 9, 12; Fla. 8, 2; Ga. 8, 6, 1; Ida. 9, 10; Io. 9, 1, 11; Kan. 6, 7; La. 255; Mich. 13, 6-8; Minn. 8, 4; Miss. 213; Mo. 11, 5; Mon. 11, 11; N. C. 9, 6, 7; N. D. 215; Neb. 8, 10; Nev. 11, 4; N. Y. 9, 2; Ore. 8, 1: S. C. 11, 8; S. D. 14, 4; Tex. 7, 10; Utah 10, 4; Wis. 10, 6; Wy. 7, 1-15. 7 Mass. 5, 1. 8 Ct. 8, 1. Va. 141. 10 La. 256. 11 Cal. 1899, p. 493. 12 Cal. 9, 6; 1901, p. 948; Fla. 12, 14; Kan. 6, 2; La. 256; Me. 8, 1; Utah 10, 2; Va. 12, 11; 13 Ala. 266; Cal.; La. 255; Mich. 13, 11; Miss. 8, 8; N. C. 9, 14; N. D.; Nev.; Okla. 13, 7; S. C.; Tex. 7, 13; Utah; Va. 14 Col. 8, 5; N. C.; S. D. 14, 5; Wy. 9, 5. 15 Ala., La., N. C., S. C., Tex., Va. 16 La. 256; Va.; Wash. 9, 2. 17 N. D. 18 N. D. 19 La., Utah. 20 Ga. 8, 1, 1; La. 251; Mich. 13, 4. French was used in the English House of Commons until 1414. 21 Ind. 13, 12; Mich. 13, 12. 22 Io. 9, 2, 4. institution, other than the State institutions now existing, or expressly provided for in this Constitution, shall be established by the State, except upon a vote of two-thirds of the members elected to each House of the General Assembly.1 Neither the Legislature nor the State Board of Education shall have power to prescribe text-books to be used in the common schools.2 In California they must be printed by the State." The metric system shall be taught in the public schools of the State. So, agriculture, stock-feeding, and domestic science." No teacher or officer connected with the public school system shall be interested in the sale of text-books." Text-books must be uniform. Separate schools for white and colored must in some States be provided. See § 22. § 60. Freedom of Speech. Nearly all the States provide in some phrase for general freedom of speech; thus, "every man is given the right freely to write, speak, and publish his opinions on all subjects, being responsible for the abuse of that privilege." 10 No law shall ever be passed to abridge or restrain freedom of speech and of the press." This is the form in the Federal Constitution. And so, in two, of freedom of speech only; 12 and in several, of freedom of the press only." In others, there is a declaration that the liberty of the press ought 1 La. 60. 2 Utah 10, 9; Wy. 7, 11. Cal. Amt. 1894, Nov. 6. Utah 10, 11. 5 Okl. 13, 7. • S. D. 8, 17. 7 Okla. 13, 6. 8 (Except Del., N. H., Mass., R. I.) For speech in the Legislature, see § 272. Freedom of speech and of the press are both guaranteed by U. S. C. Amt. 1. By Eng. Stat. W. & M. S. 2, C. 2, the principle is limited to speech in the Legislature; nor does Blackstone give it as one of the fundamental rights, though he calls liberty of the press "essential to a free State." See following note. 10 Ala. 1, 4; Ark. 2, 6; Ariz.* B. Rts. 16; Cal. 1, 9; Col. 2, 10; Ct. 1, 5; Fla. Decln. Rts. 13; Ga. 1, 1, 15; Ida. 1, 9; Ill. 2, 4; Ind. 1, 9; Io. 1, 7; Kan. B. Rts. 11; Ky. 8; La. 3; Md. Decln. Rts. 40; Me. 1, 4; Mich. 4, 42; Minn. 1, 3; Mo. 2, 14; Mon. 3, 10; N. D. 9; Neb. 1,5; Nev 1,9; N. J. 1, 5; N. M.* 95, 1; July 12, 1851, § 5; N. Y. 1, 10; O. 1, 11; Okla. 2, 22; Ore. 1, 8; Pa. 1, 7; S. D. 6, 5; Tenn. 1, 19; Tex. 1, 8; Utah 1, 1; Va. 1, 12; Wash. 1, 5; Wis. 1, 3; Wy. 1, 20. Substantially the English law, though not in the English Constitution. See White, p. 87. 11 Ala. 1, 4; Cal.; Ct. 1, 6; Fla.; Ga.; Ind.; Io.; Ky. 1; La. 3; Mich.; Miss. 13; Mon.; Nev.; N. J.; N. M.*; N. Y.; O.; Okla.; Ore.; S. C. 1, 4; Tex.; Utah 1, 15; Va. 12 & 58; W. Va. 3,7; Wis. 12 Col., Mo. 13 Ark., Del., Ky., Mass., Me., N. Y., Pa., Tenn. |