authorized the trustees to surrender certain lands located for the college, and to select other lands in lieu thereof, which lands might be sold or leased at the discretion of the trustees."

It will be observed that none of the congressional acts relative to Jefferson College vest the title to the college lands in the Territory or in the State; but rather, they vest such title in the college, which was a private institution founded by act of the Territorial Legislature of May 13, 1802. Concerning the history of the funds of this institution no information has been obtainable.

Five Per Cent. Fund

The Mississippi enabling act of March 1, 1817, provided for the usual reservation of five per cent. of the net proceeds of public land sales within the State for improvement purposes." The same provision was made regarding the public land sales in the Chickasaw cession. On March 9, 1882, and March 15, 1884, the Legislature directed all the moneys thereafter arising from this source to be devoted to school purposes." Accordingly, in 1888, $78,429.50 were distributed to the various counties for school purposes." Since the latter date, $4,072.20" have been added to this fund, making a total of $82,501.70 for the benefit of education arising from the five per cent. of public land sales.

Distribution Act of 1841

The 500,000 acres granted to the State for purposes of internal improvement continued to be so used by the State up to the time of the Civil War. With the formation of the Con

stitution of 1868 the remnant of these lands was devoted to new uses. This Constitution provided that the proceeds of the lands "belonging to the State, heretofore granted by the United States," should form a part of the common school fund." The writer has been unable to secure any important information concerning this source of school revenue. A few years ago only 21,000 acres of this endowment remained, probably the only portion of the 500,000 acres which will accrue for school purposes.

73

Swamp Lands Grant

This grant was appropriated by the State to the purposes mentioned in the Government act of cession up to the time of the Civil War. The report of the secretary of State made in 1859, shows that 245,965 acres of this land remained undisposed of at that date." The Constitution of 1868 applied the proceeds of the swamp lands, with a few exceptions, towards the establishment of a common school fund." This diversion of the grant is not mentioned either in the Constitution of 1890, or in the School Laws of 1896. Inquiry by the writer has failed to secure a statement of the financial condition of this appropriation for schools.

The Agricultural and Mechanical College Grant

The General Land Office was preparing, during 1867, to issue the 210,000 acres in scrip to which Mississippi was entitled before the reconstruction policy of Congress had been completed, in consequence of which Congress prohibited such issue until Mississippi should have been fully restored to her rights as a State." The Constitution of 1868 provided for the 12 Constitution, 1868, Art. VIII, sec. 6.

Miss. Sch. Rep., 1889-91, 20.

14 Miss. Sch. Rep., 1888–91, 19.

Constitution, 1868, Art. VIII., sec. 6. 16 15 S., Res. 23, p. 25, March 19, 1867.

establishment of an agricultural college or colleges, to the support of which the proceeds of the land scrip donated by Congress were directed to be applied." Later, land scrip representing a total of 207,920 acres was received, and eventually sold for $188,298.78

80

At first the moneys received from the sale of scrip were directed to be used for the construction of the Vicksburg and and Nashville Railroad; " but this manner of investing the proceeds was repealed in 1876. Between 1875 and 1878, onehalf of the interest on the agricultural college fund was granted to the State University. By 1878 this fund had increased, by interest accumulations, to $227,150, which then were equally divided between the Mississippi Agricultural and Mechanical College at Starkville, and the Alcorn Agricultural and Mechanical College (colored). The former institution appropriated $15,000 of its endowment fund for the purchase of lands, thus leaving a permanent fund of $98,575 1 for its use. The endowment fund of the latter institution has remained intact. At the present time both these funds are covered in the State treasury, and are represented by thirty-two year bonds running from 1896 to 1928, bearing six per cent. interest per

81

Additional Grant to the Agricultural Colleges

By an act of Congress of February 20, 1895, an additional amount of 46,080 acres was granted the State for the equal use of the two agricultural and mechanical colleges." The laws of the State authorize the respective Boards of Trustees of each institution either to sell the lands for cash, or to lease them for a period not exceeding thirty years. All moneys

thus accruing must be paid into the State treasury, where they are credited to the respective colleges, in accordance with Section 212, Article VIII. of the Constitution of 1890, which provides that the State shall annually pay six per cent. interest per annum on such trust funds.

84

The Mississippi Agricultural and Mechanical College has sold 120 acres of its grant for $480, while none of the grant to the Alcorn Agricultural and Mechanical College has been sold. The information sent the writer would indicate that none of these lands have been leased.

85

Agricultural Experiment Stations Act of 1887

The annual appropriation from the Government for agricultural experiment station purposes, has been granted by the State for the benefit of the experiment station in connection with the Mississippi Agricultural and Mechanical College.

Government Endowment of 1890

This Government appropriation has been distributed between the two State agricultural colleges. Out of the first two appropriations both institutions received equal shares; but the Secretary of the Interior, who under the law has power to construe the Congressional act, refused to distribute the amount due Mississippi for the year 1892 unless the appropriation was divided between the institutions on the basis of the number of educable children of the respective races. The reports of the State treasurer indicate that this principle of division has become established.

Miscellaneous Acts

86

An act of Congress of August 15, 1876, confirmed the sale of the marine hospital building and grounds at Natchez, provided they should be used for the education of colored persons.

84 Letter from R. C. King, Sec'y Miss. A. and M. College, March, 1899.

87

85 Letter from E. H. Triplett, Pres. Alcorn A. and M. College, March, 1899. 86 Miss. Sch. Rep., 1889-91, 432.

87

IO S., c. 294, p. 202.

An act of May 13, 1884, released the American Baptist Home Missionary Society from the conditions of sale imposed by the above act of 1876, and gave permission to the society to sell the buildings and grounds at Natchez, and to devote the proceeds to the construction of a school building at Jackson, Miss., for the education of colored persons.88

By an act of March 2, 1895, Congress granted a township of land to the State of Mississippi for the use of the Industrial Institute and College for Girls. The act furthermore provided that the proceeds of the land should forever remain a fund for the use of said institute.90

88 23 S., c. 45, p. 21.

89 28 S., c. 184, p. 815.

90 Inquiry has failed to elicit information concerning the present status of this 'fund.