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for that use in those States in which section number sixteen, or other land equivalent thereto, is by law directed to be reserved for the support of schools in each township, there shall be reserved and appropriated, for the use of schools, in each entire township, or fractional township, for which no land has been heretofore appropriated or granted for that purpose, the following quantities of land, to wit, for each township or fractional township containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township containing a greater quantity of land than one-half, and not more than three-quarters of a township, three-quarters of a section; for a fractional township containing a greater quantity of land than one-quarter, and not more than one-half of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township, onequarter section of land.

SEC. 2. And be it further enacted, That the aforesaid tracts of land shall be selected by the Secretary of the Treasury, out of any unappropriated public land within the land district where the township for which any tract is selected may be situated; and when so selected, shall be held by the same tenure, and upon the same terms, for the support of schools in such township, as section number sixteen is, or may be held, in the State where such township shall be situated.

SEC. 3. And be it further enacted, That there shall be selected, in the manner above mentioned, one section and one-quarter section of land, for the support of schools within that tract of country usually called the French grant, in the county of Scioto, and State of Ohio.1

Thus far land grants for higher institutions of learning have been mentioned only incidentally. The first that is heard of such grants by the National Government is in the powers to the board of treasury, 1787, an extract from which has already been given. The rule has been to grant to each one of the public-land States 2 townships, 72 sections, or 46,080 acres of land for this purpose. The legislation in the case of Michigan will answer the purpose of a general type. [Extract from an act of Congress, concerning a seminary of learning in the Territory of Michigan. Approved May 20, 1826.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized to set apart and reserve from sale, out of any of the public lands within the Territory of Michigan, to which the Indian title may be extinguished, and not otherwise appropriated, a quantity of land, not exceeding two entire townships, for the use and support of a university within the Territory aforesaid, and for no other use or purpose whatsoever, to be located in tracts of land corresponding with any of the legal divisions into which the public lands are authorized to be surveyed, not less than one section; one of which said townships, so set apart and reserved from sale, shall be in lieu of an entire township of land, directed to be located in said Territory for the use of a seminary of learning therein, by an act of Congress entitled "An act making provision for the disposal of the public lands in the Indian Territory, and for other purposes," approved March twenty-sixth, one thousand eight hundred and four.2

[Extract from an act supplementary to an act entitled "An act to establish the northern boundary of the State of Ohio, and to provide for the admission of the State of Michigan into the Union on cer tain conditions therein expressed." Approved June 23, 1836.]

*

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the seventy-two sections of land set apart and reserved for the use and support of a university, by an act of Congress

I Stat. L., Vol. IV, p. 179. Approved May 20, 1826.

2 Stat. L., Vol. IV, p. 180.

approved on the 20th day of May, 1826, entitled "An act concerning a seminary of learning in the Territory of Michigan," are hereby granted and conveyed to the State, to be appropriated solely to the use and support of said university, in such manner as the legislature may prescribe.'

With the lapse of time, Congress has made the terms upon which the educational lands are granted more definite and stringent. For example, the enabling act for the States of North Dakota, South Dakota, Montana, and Washington, approved February 22, 1889, provided:

SEC. 11. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than ten dollars per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislatures shall prescribe, be leased for periods of not more than five years, in quantities not exceeding one section to any one person or company; and such land shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only.

SEC. 13. That five per centum of the proceeds of the sales of public lands lying within said States, which shall be sold by the United States subsequent to the admission of said States into the Union, after deducting all the expenses incident to the same, shall be paid to the said States, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said States, respectively.

Section 14 of the same act provides that the 72 sections of university lands granted to each one of the four States shall not be sold for less than $10 per acre, but said lands may be leased as provided for in section 11:

The schools, colleges, and universities provided for in this act shall forever remain under the exclusive control of the said States, respectively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college, or university.

Section 17 of this act, in lieu of the grant of 500,000 acres of land made to each State for internal improvements, under the act of September 4, 1841, and in lieu of the grant of swamp lands made to certain States under the act of September 28, 1850, and in lieu of any grant of swamp lands to said States, gives them specific quantities of land for specific purposes, as follows:

To the State of South Dakota: For the school of mines, forty thousand acres; for the reform school. forty thousand acres; for the deaf and dumb asylum, forty thousand acres; for the agricultural college, forty thousand acres; for the university, forty thousand acres; for State normal schools, eighty thousand acres; for public buildings at the capital of said State, fifty thousand acres; and for such other educational and charitable purposes as the legislature of said State may determine, one hundred and seventy thousand acres; in all, five hundred thousand acres.

To the State of North Dakota a like quantity of land as is in this section granted to the State of South Dakota, and to be for like purposes, and in like proportions as far as practicable.

Stat. L., Vol. V, p. 59.

To the State of Montana: For the establishment and maintenance of a school of mines, one hundred thousand acres; for State normal schools, one hundred thousand acres; for agricultural colleges, in addition to the grant herein before made for that purpose, fifty thousand acres; for the establishment of a State reform school, fifty thousand acres; for the establishment of a deaf and dumb asylum, fifty thousand acres; for public buildings at the capital of the State, in addition to the grant hereinbefore made for that purpose, one hundred and fifty thousand acres.

To the State of Washington: For the establishment and maintenance of a scientific school, one hundred thousand acres; for State normal schools, one hundred thousand acres; for public buildings at the State capital, in addition to the grant herein before made for that purpose, one hundred thousand acres; for State charitable, educational, penal, and reformatory institutions, two hundred thousand aeres. That the States provided for in this act shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this act. And the lands granted by this section shall be held, appropriated, and disposed of exclusively for the purposes herein mentioned, in such manner as the legislatures of the respective States may severally provide.1

One vigorous attempt was made to arrest the national educational policy, or at least to change its character. The legislature of Maryland in 1821 adopted an elaborate report, submitted by the committee to which so much of the governor's annual message as related to education and public instruction had been referred, that concluded with the following resolutions:

Resolved, by the general assembly of Maryland, That each of the United States has an equal right to participate in the benefit of the public lands, the common property of the Union.

Resolved, That the States in whose favor Congress have not made appropriations of land for the purposes of education, are entitled to such appropriations as will correspond, in a just proportion, with those heretofore made in favor of the other States.

Resolved, That his excellency the governor be required to transmit copies of the foregoing report and resolutions to each of our Senators and Representatives in Congress, with a request that they will lay the same before their respective Houses, and use their endeavors to procure the passage of an act to carry into effect the just principle therein set forth.

Resolved, That his excellency the governor be also requested to transmit copies of the said report and resolutions to the governors of the several States of the Union, with a request that they will communicate the same to the legislatures thereof, respectively, and solicit their cooperation.

The legislatures of New Hampshire and Vermont indorsed this report. The legislature of Ohio, on the other hand, adopted a long and carefully drawn reply submitted on December 26, 1819, by a special committee of five, to which the Maryland, New Hampshire, and Vermont reports had been referred. And this appears to have been the end of the matter.2

AUTHORITIES.-The subjects treated in this section may be studied in the following documents in addition to those already cited:

O. B. Pickering: Life of Timothy Pickering, Vol. I, Chaps. XXXII, XXXVI, and Appendix No. 3. H. W. Smith: The St. Clair Papers, 'Stat. L., Fiftieth Congress, pp. 679-681.

2See Alfred Kelley, His Life and Work, by the Hon. James L. Bates. Columbus, Ohio, 1888, Chaps. IV, V.

Vol. I, pp. 116-136; Vol. II, Appendices I, II. William Park Cutler and Julia Perkins Cutler: Life, Journals, and Correspondence of Rev. Manasseh Cutler, Vol. I, Chaps. IV, VIII. G. W. Knight: History and Management of Land Grants for Education in the Northwest Territory, part 1, in Vol. I, Papers American Historical Association. George Bancroft: History of the United States, Vol. VI, pp. 277–291; History of the Formation of the Constitution, Appendix 302. F. W. Blackmar: Federal and State Aid to Higher Education, Chap. II. B. A. Hinsdale: The Old Northwest, Chaps. XI, XVI. Report of the Commissioner of Education, 1867-68, pp. 65 et seq. J. B. Angell: University of Michigan, commemorative oration delivered at the semicentennial celebration of the organization of the university, 1887. John Eaton: What has been done for Education by the Government of the United States, in Proceedings of the National Educational Association, 1883. F. W. Shearman: System of Public Instruction and Primary School Law, 1852, edited by E. E. White and T. W. Harvey; Education in Ohio, prepared by authority of the general assembly, 1876.

VII. CONGRESSIONAL GRANTS OF LAND AND MONEY FOR COLLEGES OF AGRICULTURE AND THE MECHANIC ARTS, 1862-1890.

Agitation of the question of agricultural schools; act of July 2, 1862; act amending the same; resolution of 1867; act to establish agricultural experiment stations; act of 1890; appendix to VI and VII.

Before the middle of this century the subject of education in methods of agriculture and kindred subjects began to attract attention in some of the Western States. In 1850 the legislature of Michigan petitioned Congress for 350,000 acres of land for the establishment and maintenance of agricultural schools within her limits, and in 1855 that State established an agricultural school. From 1850 the general subject was held before Congress by memorials, resolutions, and petitions emanating from agricultural societies, farmers' conventions, and State legislatures. In 1859 Congress passed a bill granting to each State, for the maintenance of agricultural schools, 20,000 acres of the public land within its borders for each Senator and Representative in Congress to which the State was entitled. Land scrip to an equal amount was given when there was no public land within the State. This land the State was empowered to sell, but not to locate. The contest over this bill in the two Houses was a severe one, most of the opposition coming from the Southern members. President Buchanan vetoed the bill on the ground that it was unconstitutional, and that it intermingled national and State affairs in a mischievous manner. A bill drawn on the same lines, but granting 30,000 acres of land for each Senator and Representative, passed the Thirty-seventh Congress, and received the approval of President Lincoln, July 2, 1862.

AN ACT donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be granted to the several States, for the purposes hereinafter mentioned, an amount of public land, to be apportioned to each State, a quantity equal to thirty thousand acres for each Senator and Representative in Congress to which the States are respectively entitled by the apportionment under the census of eighteen hundred and sixty: Provided, That no mineral lands shall be selected or purchased under the provisions of this act.

SEC. 2. And be it further enacted, That the land aforesaid, after being surveyed, shall be apportioned to the several States in sections or subdivisions of sections, not less than one-quarter of a section; and whenever there are public lands in a State subject to sale at private entry at one dollar and twenty-five cents per acre, the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and the Secretary of the Interior is hereby directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at one dollar and twenty-five cents per acre to which said State may be entitled under the provisions of this act land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in this act, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus be issued be allowed to locate the same within the limits of any other State, or of any Territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at one dollar and twenty-five cents or less per acre: And provided further, That not more than one million acres shall be located by such assignees in any one of the States: And provided further, That no such location shall be made before one year from the passage of this act.

SEC. 3. And be it further enacted, That all the expenses of management, superintendence, and taxes from date of selection of said lands, previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, shall be paid by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes hereinafter mentioned.

SEC. 4. And be it further enacted, That all moneys derived from the sale of the lands aforesaid by the States to which the lands are apportioned, and from the sales of land scrip herein before provided for, shall be invested in stocks of the United States, or of the States, or some other safe stocks yielding not less than five per centum upon the par value of said stocks; and that the money so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section fifth of this act) and the interest of which shall be inviolably appropriated by each State which may take and claim the benefit of this act to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in several pursuits and professions in life.

SEC. 5. And be it further enacted, That the grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions herein before contained, the previous assent of the several States shall be signified by legislative acts:

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