Oregon Republican. [volume] (Dallas, Or.) 1870-1872, 1870-11-19


and governed by the terms of the Con
stitution, which constitutes it an ire |
ducible School Fund; aud while that /
doubt remained, to cast his vote to ap-
propriate it to any other use, would be
plain violation of his oath. a. well as
a violation of the Constitution, because
the provisions OF our own Constitution.
fixing the disposition of the fund, must
be obeyed, at least until all doubt is re-
IN we'd as to the assent Of Congress for
it would be just as palpable violation
of the Constitution for ii member to say
that he entertained doubts as to the
consent of Congress, aud at the same
time vote to- appropriate the Fund to
any use, except for school purposes. as
it would be for him to say that he knew
Congress had assented, aud then vote
to divert it from the purposes named in
the Constitution.
But there is another point which, in
our judgment, sets this whole matter at
rest, and places it beyond controversy,
which is this: the people of Oregon,
when they adopted the Constitute
declared that they desired to set apart
the proceeds of the 100000 acres OF
land. and also the FIVE per cent of the
proceeds of the public lands, which had,
by the Act Of Congress of lS4l, been
donated to the State for internal in
proyements as an irrcducible School
Fund, and they absolutely did so appro
pirate it in that instrument. provided
| Congress would assent. That Constitu
ton was presented to Congress, and it
declared, by public Act. that the
State of Oregon should be admitted
into the Union with this Constitution,
without any reservation whatever.
Now. we claim that this act of admis.
sion alone, was complete and direct
assent to the proposition in regard to
the fund in question, and Congress SO
understood and expressed it Now.
If we are correct, most certainly vt was
beyond the power of the Legislature to
divert this fund To internal improves
ments. Let it be understood that, IN
the act of Congress donating the land
to The States then in the Union, and TO
all new States that should come in
thereafter, there was also donated, for
the same purpose, FIVE per cent of all
The proceeds from the sales of public
lands within the same By reference
to the Act of Congress admitting the
State Of Oregon into the Union, it will
be seen that the first section admits the
State with her Constitution unqualified;
then, in section four Of the Act recog>
nizing the fact that their assent had
been directly given in section one to
the proposition in our Constitution,
setting apart not only the proceeds OF
the 500 900 acres, but also to the five
per cent of the proceeds of the sales OF
public lands in the State for schnol
purposes, and, understanding that the
two funds last named did then belong
to an irreducible school fund in this
State, proposed TO the State Of Oregon
; that if she would consent, by resolu~
ton irrevocable, to set apart every 10th
and Both section in each township for
school purposes, Y acres of land for q
State University, 10 sections to com
plete the public buildings, all Salt
Spring, not exceeding IL, with g oec-
tions each, to be appropriated as the
Legislature might direct and fifth,
t that five per cent. of the proceeds oil
The public lands in the State be set
apart for public roads and internal i'm.
provemcnts, then the foregoing might
be used for the purposes named in said
, section four of the said act Of admission
/ Oregon did, at her first Legislative Ses.
. sion, pass an ordinance accepting the
) foregoing propositions. aud it is only by
that ordinance of acceptance that We
have any right to day to the University
, lands, the lands to finish or erect public
buildings in the State, to the 10Th and
Seth section for school purposes, or te
, the five per cent. for public roads and
internal improvements. Any maa with
, a thimble full of brains can easily SCI
j that we use the 5 per cent. of the pro
ceeds of the public lands in Oregon b,
!, tha a,,tharitu GRANTED in tbo A m ~ al