CHAPTER IX

ILLINOIS

PRIOR to the year 1809 Illinois formed the western portion of Indiana Territory, wherefore between 1800 and 1809, its history is a part of the history of Indiana Territory, and, previous to 1800, a part of the Northwest Territory. Hence to the Illinois Territory the Ordinances of 1785 and 1787 were directly applicable.

Sixteenth Section Grant

As early as June 20, 1788, the Board of Treasury was authorized to contract for the grant of certain lands in the Illinois country along the Mississippi, among the conditions of sale being the stipulation that the lot No. 16 in each township, or fractional township, should be given perpetually for the use of schools.' The act of Congress of 1804, establishing the land office of Kaskaskia, in the western part of Indiana Territory, reserved from sale, in the district thus formed, "the section 'number sixteen *** in each township, for the support of schools within the same." In the enactment creating the Illinois Territory, Congress specifically stipulated that the inhabitants of the new Territory should enjoy the rights, privileges and advantages secured by the Ordinance of 1787.* During the territorial period, four minor acts were passed by Congress, reserving the sixteenth sections either from sale or from pre-emption.

1 Public Lands, Laws, c. 27.

22 S., c. 45, s. 5, p. 279. March 26, 1804.

'2 S., c. 13, s. 2, p. 515. Feb. 3, 1809.

4

2 S., c. 29, s. 2, p. 684, Feb. 21, 1812; 2 S., c. 77, s. 1, p. 728, May 6, 1812;

3 S., c. 63, s. 3, p. 218, Feb. 27, 1815; 3 S., c. 164, p. 332, April 29, 1816.

The sixteenth section thus reserved in each township for the use of common schools, was in the "act to enable the people of the Illinois Territory to form a Constitution and State Government," "granted to the State, for the use of the inhabitants of such township, for the use of schools." The convention which met pursuant to this act did not incorporate any educational provisions into the Constitution then formed; but, on August 26, 1818, formally accepted the propositions of Congress concerning the grants for education. During the following year, the first General Assembly passed a law providing for the leasing of the school lands under the supervision of the county commissioners, for a period not exceeding ten years "on the best terms to be made." It will be noted that the congressional grants did not indicate the manner in which the lands for schools were to be used. Various States had petitioned Congress for permission to sell their school lands, and had been accordingly empowered so to dispose of the grant. But the Illinois General Assembly, without awaiting the assent of Congress, passed a law on February 15, 1831, authorizing the appointment of commissioners to sell the school sections immediately, at not less than $1.25 an acre, on the petition of three-fourths of the legal resident voters within the respective townships. Various legislative acts concerning this subject were passed during the years following, and finally in 1841 a law concerning the sales of the sixteenth sections was passed, substantially the same as the law now in force.'

During these years, the school lands were being sold by the State without the consent of Congress. The first consent to any of the sales was given by Congress in 1842, with reference to a certain township in the State. In 1844 Congress confirmed the previous sales of school lands, and authorized the

3 S., c. 67, s. 6, p. 430. April 18, 1818. 'Knight, Land Grants, 77.

10

'Knight, Land Grants, 80; School Laws, 1897, 74. 10 6 S., c, 112, p. 847. Aug. 1, 1842.

Pillsbury, CXXIII.

8

Pillsbury, CXXIV.

Legislature to sell the remaining lands and to invest the proceeds in some productive fund; but each township should receive the income only from the sales of the lands belonging thereto; and the consent of the inhabitants of the townships was made a necessary prerequisite of sale. Furthermore, the unsold school lands were authorized to be leased for a term not exceeding four years."

11

15

In the meantime, various congressional acts were passed concerning either the reservation of section sixteen from sale, or the selection of indemnity school lands. The former species of legislation characterizes the acts of May 8, 1822," and June 26, 1834," providing for the formation of new land districts; while the latter species of legislation characterizes the acts of March 2, 1821, and July 20, 1840, providing for the selection of indemnity school lands, in certain townships, in lieu of section sixteen otherwise disposed of. Similar privileges were accorded to certain townships, in Adams and Randolph counties respectively, by the acts of June 16,16 and June 22," 1860, relating to certain sixteenth section indemnity selections. It will be recalled that the general act of Congress authorizing the State to sell the school lands, provided for the leasing of the unsold sixteenth sections for a term not exceeding four years. This limitation was removed by an act of 1884, amending the enactment of 1843, and empowering the State to lease the unsold school lands in the most productive manner for any term of years.'

18

The early methods of managing the lands have been briefly indicated. Various laws were passed at different times concerning the investment of the proceeds of the sales. These laws varied as to the maximum amounts that might be loaned,

the nature of the securities in which loaned, the time limits of loans, and the rate per cent. of interest, which latter varied from twelve to six per cent." Adverse criticism has been passed on the wisdom of these entry sales. However, Pillsbury maintains that "by the early sale of these lands, help was given to the cause of education just at the time when it was most needed."

9920

The Constitution of 1848 made no mention of this fund. The Constitution of 1870, however, provides for the faithful application of the proceeds of the various grants for school purposes to the objects for which such grants were made." At the present time, the law provides that the township trustees shall have the management of the unsold sixteenth sections;22 while upon the township treasurers devolves the custody of the funds and the income arising from rents, credit sales, and interests on loans." A rate of from six to eight per cent. is charged on loans made prior to July, 1891; loans made after July, 1891, bear a maximum of seven per cent. interest.

Of the 985,066 acres of sixteenth section lands granted to Illinois, 7,213.96 acres remained unsold in 1895." Up to 1896, the proceeds and interest accumulations of the lands sold had contributed most of the total of $6,016,083 to the credit of the "Township Fund." The unsold school lands 25 were then valued at $7,914,495.26

To this township fund have been added lands and moneys other than those derived from the sales of section sixteen, so that the writer has thus far been unable to separate the Government school endowment from such additions. Still, the fund has assumed vast proportions, and in 1896 produced a total in

19 Pillsbury, CXXVIII.

20 Pillsbury, CXXVII.

22 School Laws, 1897, 73.

24 Ill. Sch. Rep., 1894–95, 13.

21 Constitution, 1870, Art. VIII, sec. 2. 23 Ibid, Article IV.

25 Ibid, 27.

26 These unsold sixteenth section lands are mostly situated in the Chicago dis

trict of Cook county.

come of $889,818. The total expenditure in the State for schools during 1896 was $16,868,964," of which the above income is but 5.27 per cent.

University Land Grant

The act of Congress of 1804, establishing the Kaskaskia land district in the western part of Indiana Territory, reserved from sale an entire township, which was directed to be located by the Secretary of the Treasury for the use of a seminary of learning.28 Five years later, Illinois Territory was erected out of this portion of Indiana Territory. In 1815, Congress reserved the seminary lands that had been selected in Fayette County, from pre-emption;29 and during the following year authorized the selection of other lands in lieu of such of the seminary lands as might "have been appropriated to satisfy ancient claims."

130

The congressional act of 1818, providing for the admission of Illinois into the Union, granted to the State "thirty-six sections, or one entire township," to be designated by the President, which, together with the township reserved by the act of 1804, should be vested in the Legislature of the State, for the use of a seminary of learning." The grant thus made was accepted by the constitutional convention during the following August. In 1821, the Legislature authorized the State auditor to lease the first seminary township.32 During 1825 the Legislature provided for the appointment of commissioners of the school fund (q. v.), who were later also authorized to invest the moneys arising from the seminary lands in auditor's warrants.33 In 1829, the State auditor was directed to sell the 27 Ill. Sch. Rep., 1894–96, 24.