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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 semicen. tennial 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.
digitation 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 mainte.' nance 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 salo 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 sharo; 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 locato said land scrip upon any of the unappropriated lands of the United States subject to salo at privato 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 ono 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, previons 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 siguified by legislative acts:
First. If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest thereon, shall, by any action or contingency, bo diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest sball be regularly applied without diminution to the purposes mentioned in the fourth section of this act, except that a sim not exceeding ten per centum upon the amount received by any State under the provisions of this act may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the legislatures of said States.
Second. No portion of said fund, nor the interest thereon, shall be applied directly or indirectly, under any pretence whatever, to the purchase, erection, preservation, or repair of any building or buildings.
Third. Any State which may take and claim the benefit of the provisions of this act shall provide, within five years, at least not less than one college, as described in the fourth section of this act, or the grant to such State shall cease; and said Stato shall be bound to pay the United States the amount received of any lands previously sold, and that the title to purchasers under the State shall be valid.
Fourth. An annual report shall be made regarding the progress of each collego, regarding any improvements and experiments made, with their cost and results, and such other matters, including Stato industrial and economical statistics, as may be supposed useful, one copy of which shall be transmitted by mail free, by each to all the other colleges which may be endowed under the provisions of this act, and also ono copy to the Secretary of the Interior.
Fifth. When lands shall be selected from those which have been raised to double the minimum in price, in consequence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionally diminished.
Sixth. No State while in a condition of rebellion or insurrection against tho Gov. ernment of the United States shall be entitled to the benefit of this act.
Serenth. No State shall be entitlel to the benefits of this act unless it shall express its acceptance thereof by its legislature within two years from the date of its approval by the President.
SEC. 6. And be it further enacted, That land scrip issued under the provisions of this act shall not be subject to location until after the first day of January, one thou. Band eight hundred and sixty-three.
Sec. 7. And be it further enacted, That the land officers shall receive the same fees for locating land scrip issued under the provisions of this act as is now allowed for the location of military bounty land warrants under existing laws: Provided, Their maximum compensation shall not be thereby increased.
SEC. 8. And be it further enacted, That the governors of the several States to which scrip shall be issued under this act shall be required to report annually to Congress all sales made of such scrip uutil the whole shall be disposed of, the amount received for the same and what appropriation has been made of the proceeds.'
AN ACT to amend section 5 of an act, &c., approved July 2, 1862. Be it enacted, fc., That the time in which the several States may comply with the proyisions of the act of July 2, 1862, entitled “An act donating public lands, &c.," is liereby extended so that the acceptance of the benefits of said act may bo expressed within three years from the passage of this act, and the colleges required by the said act may be provided within five years from the date of the filing of such acceptance with the Commissioner of the General Land Office: Prorided, That when any Territory sliall become a State, and be admitted into the Union, such new State shall be entitled to the benefits of said act of July 2, 1862, by expressing the acceptance therein required within three years from the date of its admission into the Union, and providing the college or colleges within fivo years after such acceptance, as prescribed
"Stat. L., Thirty-seventh Congress, p. 503. Approved July 2, 1862.
in this act: Provided further, That any State which has heretofore expressed its acceptance of the act herein referred to shall have the period of five years in which to provide at least one college, as described in the fourth section of said act, after the time for the providing of said college, according to the act of July 20, 1862, shall have expired.
By joint resolution, approved February 28, 1867, the provisions of the act of July 2, 1862, and the act to amend the same, approved July 23, 1866, are extended to the State of Tennessee.
CHAP. 314.-AN ACT to establish agricultural experiment stations in connection with the colleges established in the several Statęs under the provisions of an act approved July second, eighteen hundred and sixty-two, and of the acts supplementary thereto.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to aid in acquiring and diffusing among the people of the United States useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science, there shall be established, under the direction of the college or colleges, or agricultural departments of colleges, in each State or Territory established, or which may hereafter be established, in accordance with the provisions of an act approved July second, eighteen hundred and sixtytwo, entitled “An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," or any of the supplements to said act, a department to be known and designated as an "agricultural experiment station”: Provided, That in any State or Territory in which two such colleges have been or may be established the appropriation hereinafter made to such State or Territory shall be equally divided between such colleges, unless the legislature of such State or Territory shall otherwise direct.
Sec. 2. That it shall be the object and duty of said experiment stations to conduct original researches or verify experiments on the physiology of plants and animals; the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analysis of soils and water; the chemical composition of manures, natural or artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibility of the different kinds of food for domestic animals; the scientific anel economic questions involved in the production of butter and chcese; and such other researches or experiments bearing directly upon tho agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying conditions and needs of the respective States or Territories.
SEC. 3. That in order to secure, as far as practicable, uniformity of methods and results in the work of said stations, it shall be the duty of the United States Commissioner of Agriculture to furnish forms, as far as practicable, for the tabulation of results of investigation or experiments; to indicate, from time to time, such lines of inquiry as shall seem to him most important; and, in general, to furnish such advice and assistance as will best promote the purposes of this act. It shall be the duty of each of said stations, annually, on or before tho first day of February, to make to the governor of the State or Territory in which it is located a full and detailed report of its operations, including a statement of receipts and expenditures, a copy of which report shall be sent to each of said stations, to the said Cemmissioner of Agriculture, and to the Secretary of the Treasury of the United States.
1 Stat. L., Thirty-ninth Congress, p. 208. Approved July 23, 1866. 2 Stat. L., Thirty-ninth Congress, p. 569.
SEC. 4. That bulletins or reports of progress shall be published at such stations at least once in three months, one copy of which shall be sent to each newspaper in the States or Territories in which they are respectively located, and to such individuals actually engaged in farming as may request the same, and as far as the means of the station will permit. Such bulletins or reports and the annual reports of said stations shall be transmitted in the mails of the United States free of charge for postage, imder such regulations as the Postmaster-General may from time to time prescribe.
Sec. 5. That for tho purpose of paying the necessary expenses of conducting investigations and experiments and printing and distributing the results as hereinbefore prescribed, the sum of fifteen thousand dollars per annum is hereby appropriated to each State, to be specially provided for by Congress in the appropriations from year to year, and to each Territory entitled under the provisions of section eight of this act, out of any money in the Treasury proceeding from the sales of public lands, to bo paid in equal quarterly payments, on the first day of January, April, July, and October in each year, to the treasurer or other officer duly appointed by the governing boards of such colleges to receive the same, the first payment to be made on the first day of October, eighteen hundred and eighty-seven: Prorided, however, That out of the first annual appropriation so received by any station an amount not exceeding one-fifth may be expended in the erection, enlargement, or repair of a building or buildings necessary to carry on tho work of such station; and thereafter an amount not exceeding five per centum of such annual appropriation may be so expended.
Sec. 6. That whenever it shall appear to the Secretary of the Treasury, from the annual statement of receipts and expenditures of any of said stations, that a portion of the preceding annual appropriation remains unexpended, such amount shall be deducted from the next succeeding annual appropriation to such station, in order that the amount of money appropriated to any station sliall not exceed the amount actually and necessarily required for its maintenance and support.
Sec. 7. That nothing in this act shall be construed to impair or modify the legal relation existing between any of the said colleges and the government of the States or Territories in which they are respectively located.
Sec. 8. That in States having colleges entitled under this section to the benefits of this act, and having also agricultural experiment stations established by law separate from said colleges, such States shall be authorized to apply such benefits to experiments at stations so established by such States; and in case any State shall have established, under the provisions of said act of July second aforesaid, an agricultural department or experimental station in connection with any university, col. lege, or institution not distinctively an agricultural college or school, and such State shall bave established or shall hereafter establish a separate agricultural col. lege or school, which shall have connected there with an experimental farm or station, the legislature of such State may apply in whole or in part the appropriation by this act made to such separate agricultural college or school, and no legislature shall by contract express or implied disable itself from so doing.
SEC. 9. That the grants of moneys authorized by this act are made subject to the legislative assent of the several States and Territories to the purposes of said grants : Provided, That payments of such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session of its legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof duly certified to the Secretary of the Treasury.
SEC. 10. Nothing in this act shall be held or construed as binding the United States to continue any payments from the Treasury to any or all the States or institutions mentioned in this act, but Congress may at any time suspend, amend, or repeal any or all the provisions of this act.'
Stat. I.., Forty-ninth Congress, p. 440. Approved March 2, 1887.