The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-12-25

IVAN Va 4sOSCAt03 OuV VAA SAnAPAJ oSosSS
that, the total alleged indebtedness of the
University, ON the LIST Of December, 1860,
was $S1, 9OO.61. 1t is believed, however,
that the greater part of this indebtedness
is invalid as against the property of the
University. 1t is claimed that tens OF
thousands of this debt was created without
shadow of legal authority; and judicious
opinions are expressed, that, to whatever
extent the State may have made itself liza.
BILE by its legislation, and the acts of its
agents, the University lands are not legal
ly nor justly chargeable with the bulk of
this indebtedness. From the examination
which we have been able to give, we are
convinced that these views are sound and
that the State win ultimately be held La
BILE to pay large part of what is called
the University debt,-leaving, probably
from two-thirds to three-quarters of the
University lands free to be devoted to the
legitimate objects for which they were
granted. However this may be, it should
be- promptly ard finally settled between
creditors, the University, and the State,
and not be left longer lying at loose ends;
for until such settlement shall be made,
nothing will nor can be done to place the
University on its legs, or to secure to credit
ors whatever rights they may possess.
In addition to the amount which can be
saved to the University out of the Con-
gressiond grant Of 1851, it is believed that
another grant of equal extent can be Sc
CURED. Among the propositions contained
in the Congressional Enabling Act of 1867,
and which were offered to the Oonstitu-
tional Convention of the people of Mime
sofa, "for their free acceptance or rejec-
ton, and which, if accepted by the Con-
vention, shall be obligatory on the United
States and upon the said State Of Mime
sota," was the following: p. ........
Second, That seventy-two sections Of land
shall be set apart and reserved for the use and
support of the State University to be selected
by the Governor Of said State, subject to the
approval of the Commissioner at the General
Land Office, and to be appropriated and applied
in such manner as the legislature of said State
may prescribe for the purpose aforesaid, but tor
no other purpose.
The foregoing proposition was duly &C
cepted by the Constitutional Convention.
1t will be seen that its language is entirely
prospective. It is not con6rmatory of
former grant, but it gives specific amount
Of land, to be selected by the Governor,
and to be appropriated and applied by the
Legislature. 1t is true that the Commits
sioner of the General Land Office holds
that the foregoing clause was intended
simply to vest in the State University the
title to lands Heretofore set apart by Con-
gress to the Territorial University. But
such is not the fair, or possible, import of
the clause itself And it is against such a
construction, that, before its passage by
Congress, the greater part of the original
grant had been selected by the Territorial
authorities, confirmed by the General
Government, and actually applied by the
Territory to University purposes; so that
all title thereto had passed out of the
United States; and it is unreasonable to
suppose that Congress would assume to
grant what it did not possess, or use Ian
guage implying future gift with oondi-
tons, to express simply a confirmation of
former grant which had been essentially
perfected and required no confirmation. .
But we do not propose to argue the
right of the University to the duplicate
grant. The State has been seemingly
backward in asserting its claim in the
premises, because it was feared that by SO
doing delays and endorsements might
be thrown in the way of obtaining the
whole of the original grant. This will,
however, no longer stand in the way of
such claim as the last of the lands
covered by the act of 1851, were certified
to the State in the early part of this year.
The position taken by the Land Commits
sioner has furnished the State an excuse
for non-action thus far; but with the full
complement of the original grant now
secured. thArs is no. reasdrf for .tutthsE Do,
lay. we:be1e:yethe two. additional town.
ships can be secusea to. the University
! with proper: and prompt action: On the
part Of our Legislative and Executive
authorities. And it is to aid in securing
such action, that we now call attention to
the subject. 1t will be seen that there is
a chance yet left to build up a State Uni
versity which will answer the educational
necessities of our people. 1t needs only
that our legislators should appreciate this
fact, to insure their attention to the sub
iect, and the devotion of all the time and
labor which may be needed to work out
the University problem, and place the in-
stitution in the full tide Of successful ex-
pertinent.
The Late Virginia Campaign.
NJ IL