The School Law of Indiana
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Excerpt from The School Law of Indiana: With Annotations, and the State Constitution
Note. - This article was written in 1893, upon the request of the Board of World's Fair managers of Indiana. It is reproduced here with hope that it will be of use to those who may choose to study the history of our unique system of common schools.
Indiana Common School System
It was on the 10th of October, 1780, that the corner-stone of our Territorial system was laid, by the adoption of a resolution in the Continental Congress, which declares "that all Territorial lands shall be disposed of for the common benefit of the United States, and shall be settled and formed into distinct republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom and independence as the other States."
It was this resolution that Maryland, one of the landless States, had been contending for before she would formally adopt the Articles of Confederation, and thereby become one of the "Original Thirteen States."
Perhaps no single act has so far exceeded the expectations of its promoters as has this act of Maryland's refusing to ratify the Articles of Confederation, which compelled the Congress to invent the Territorial policy, fraught with such results.
In 1783, when a treaty of peace was entered into between the United States and Great Britain the skillful diplomacy of Jay, Franklin and Adams gave to us the territory conquered through the untiring energy of George Rogers Clark, and the boundary of the United States was made the Mississippi on the west and the great lakes on the north.
In 1783 the Legislature of Virginia passed "an act to authorize the delegates of Virginia in Congress to convey to the United States, in Congress assembled, all the right of this Commonwealth to the territory northwestward of the river Ohio." This deed was signed by Thomas Jefferson, Samuel Hard, Arthur Lee and James Monroe, and the Continental Congress accepted the same. It was Jefferson who had so earnestly supported Clark's efforts, aud who had done much to urge Virginia in her magnanimous gift to the United States. He drafted the first ordinance for the government of this territory, and he might have succeeded in having the "ordinance of 1784" adopted had he not been so radical on the slavery question.
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