The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-03-14

on the ground that some additional legls-
lation was needful. And they have also
seen that this was an after-thought, a
mere pretence, inasmuch as the way di-
rected in the legislation already provided
for his guidance was as plain as the road
to market. 1T required him to invest
Immediately" in United States or other
bonds; and this would have been the
work of few hours or days at most
As it is the funds are lying about loose
here, there and elsewhere but not in
the State Treasury where their proceeds
ought to have been placed months ago.
But these are not the matters we are
now considering. 1t is palpable-and
we wish to call the attention of the Leg
islature to the fact so that the misstep
may be retraced-that the law of Con
gress making the grant was violated by
the act of the Legislature itself as we'll
as by the agent charged with its execu-
ton.
What was the intention of Congress
1t is expressed in the title of the dona-
ton act. ''An act donating public lands
''to the several States and Territories
(which may provide colleges for the bene-
eft of Agriculture and the Mechanic
Arts"
In order to entitle the State to the
benefits of the act, it was clearly the
duty of the Legislature to establish an
Agricultural and Mechanical College
or Colleges This preliminary
step was not taken by the Legislature,
which set apart the fund for the benefit
of institutions established for entirely
different purposes from the ''leading OBJ
'.jects" expressed in the act of Congress.
To remove all doubt as to the intention
of Congress in making the grant and in
prescribing the mode of its disposition,
we will quote in full the 4th section of
the act of February, 1852:
| Section 4. That all monies derived from
1 the sale of the lands aforesaid by the States
| to which the lands are apportoned and from
/ the sales OF land scrip hereinbe1Ore provided
| for, shall be invested in stocks ofthe United
/ States, or some other safe stocks, yielding
not less than 5 per cent. on the par value of
| said stocks. aud that the monies so invested
shall constitute perpetual fund, the capt.
tai OF which shall remain JOTeUer uRdinsiH
| ished Except so far as may be provided in
section five of this act). and the interests of
which shall be inViolably appOrtioned by
each State which may take and claim the
benefit of this act, to the endowment, sup
port and maintenance of at least one college
where the leading objects shall be, without
excluding other scientific and classical
studies, and including military tactics, to
teach such branches ofLedrsing as ara, related
to agriculture and the mechanic arts in such
manner as the Legislature of the States may
respectively prescribe in order to promote
the liberal and practical education of the
industrial classes in the several pursuits and
professions of HE.
Now compare the leading objects" of
the Institutions to which this fund has
been dedicated by the act of the Legisla-
ture, with the "objects" set forth in the
foregoing section, and resist, if it be pos
sible, the conclusion that the intention of
the grantor has been entirely disregarded.
To throw still more light on the sub
ject, we will copy the 9th section of the
act
Sec. 5. The grant of land and land scrip
hereby authorized shall be made on the fol-
lowing conditions. to which. as well as TO
the provisions hereinbefOre contained, the
previous report of the several States shall
be signified by legislative acts.
F1rst-lf any portion of the fund invest
ed as providedsby the foregoing section, or
any portion of the interest thereon, shall by
any action or contingency be diminished or
lost, 1t shall be replaced by the State to
which it belongs, so that the capital of the
fund shall remain JOreUer undtniRished i; and
the annual interest shall be regularly APP
piled without diminutiOn to the purposes
mentioned in the 4th section of this act ex-
cept that sum not exceeding 10 per cent. of
the amount receiUed By any State under the pro-
riSt0RS or this act may be expended for the pur-
chase OF lands for sites for experimental farms
tcheReUer authorized by the respective Leyisld-
lures of said States.
Here, then, it is provided that 1.-THE
capital shall remain forever undiminish-
ed"-that the Interest" arising from the
investment of the proceeds of the scrip
only shall be tOuched-except that not
exceeding 10 per cent of the amount |
received may be expended for the pur-
chase of lands 'Jor experimental farms"
Now, although this sum mot exceed
ing 10 per cent" was thus by solemn act
of Congress set apart for the purchase of
lands for an experimental farm" Cor
farms) Governor Alcorn, in his report to
Governor Powers, says that he applied
sis, 900-the entire sum-to the pur-
chase of the Oakland College property
We will quote his own language:
Under the act of Congress making the
appropriation one-tenth of the proceeds of /
co In land for the purposes OF the Agricul-
raj College or Colleges. The sum total of
the sale of the land scrip being $4,000
would give SlS,900 which by the terms of
the grant could be invested in land. The Il
Z University at Oxford holds in its own right
a section of land. Her wants in this behalf
are supplied. The whole sum subject to
this character of investment so0s proper 10
Be applied 20 the purchase for the benefit Of
Atc0rss University. The Trustees of the lat
Ter University proposed to the Trustees of
Oakland College for the purchased thai entire
property. The proposition was made, it is
proper to say, at my suggestion, and was
avorably received by the Representatives
II Oakland. 10 todS thus 00reed THAT :
THIRTY THOUSAND IN CASH SHOULD
BE PAID ON THE PURCHASE OUT
Of THE AGRICULTURAL COLLEGE,
FUND.-Gov. Alcorn's Report. II
From this it is shown that the ssentire
o per cent. of the amount was appIied
n the r,,,rchasn of that 0akIarJ rsoIla<.n