Swamp Lands Grant

By an act of the General Assembly approved June 22, 1852, the swamp lands in Illinois, donated by Congress in 1850, were granted to the several counties in which they happened to be, for drainage purposes. The act provided that the county courts should dispose of only as much of the lands as might be necessary for the purposes of draining and reclaiming such lands; that the lands remaining unsold should be equally divided among the several townships within the county, and should constitute a part of the school fund in each township, to be disposed of in the same manner as the sixteenth section lands; but any county might dispose of the residue lands for the purpose of internal improvements, if the court should deem such application of the lands more expedient."

In 1885, Pillsbury accounted for $449,919.22 which had been devoted to educational purposes from this endowment, although thirty counties had not been heard from. He then estimated the total value of the grant to education at over $600,000. As a matter of fact, the sales of swamp lands were credited either to the township school funds, or to the county funds.

58

Of this grant, the claims reported at the United States General Land Office on December 31, 1895, credited Illinois with 3,907,704 acres. More specific data on this subject have not been available to the writer. But reasoning from Pillsbury's statement that up to 1882 the principal increase in the township school funds, exclusive of the sales of section sixteen, had been by additions from the proceeds of swamp lands, and reasoning from the description of the township school funds to be found in the present school laws, it may be safe to conclude that most of the $1,789,018.72, which was the "estimated value of other lands" to the credit of the town

59

Ill. Sch. Rep., 1885-86, CLXXXV. 59 Ill. Sch. Rep., 1881–82, CXXV.

58 State Grants, 8. 60 School Laws, 1897, 71.

ship fund in 1895, constitutes the value of the swamp lands then remaining unsold.

It is probable, then, that the swamp lands grant has contributed over $600,000 to educational purposes in Illinois, and something like $1,500,000 at least constitutes the value of the unsold swamp lands which are credited to such purposes.

Agricultural and Mechanical College Grant

During the session of the State Legislature following the passage of the act of Congress, the grant of 480,000 acres of public land scrip was accepted by the State in accordance with the conditions imposed. Various institutions endeavored to secure the benefit of the endowment, but no definite action was taken by the Legislature until February 28, 1867, when an act incorporating the "Illinois Industrial University" was passed. Because of the financial inducements offered by Champaign county, the institution was located at Urbana, Champaign county. To the trustees of the university was intrusted the public land scrip for the use and benefit of the Industrial University. On March 2, 1868, the institution was opened for work, and continued under the corporate name, “Illinois Industrial University," until 1885, when the Legislature changed its name to the "University of Illinois."

Of the 480,000 acres in scrip, the trustees had, by November, 1868, disposed of 380,000 acres for $250,192.41, the proceeds of which were invested in Illinois State, city and county bonds, paying from six to ten per cent. interest per annum." About 25,000 acres were selected and retained in Nebraska and Minnesota, while the remainder of the scrip was sold within a very few years, swelling the endowment fund to $319,178.87.65 At least as early as 1882 the Nebraska lands

61 Ill. Sch. Rep., 1894–96, 13.

62 Ill. Sch. Rep., 1863-65, 56. 63 First Annual Rep. Board Trustees, 1868, 64 2nd Annual Rep. Board Trustees, 1869, 57.

65 Ill. Sch. Rep., 1881–82, CXLI.

9.

were ordered to be advertised for sale, and some years later the Minnesota lands were likewise ordered for sale, from which sources $114,948.63 have been added to the endowment fund.

The writer has been unable to determine definitely how much of the Nebraska and Minnesota lands remains unsold, It is highly probable, however, that some of these lands constitute a portion, at least, of the " 11,000 acres of unimproved land worth approximately $140,000" still owned by the university. In 1893, $393,250 of the endowment fund were invested in various county and school bonds, paying from four and one-half to seven per cent. interest per annum." During the year ending August 31, 1895, the interest on the endowment fund, on land contracts, etc., amounted to $28,499.61, while the State appropriated $118,615.79 for the use of the University of Illinois.68

67

Agricultural Experiment Stations Act of 1887

This annual Government appropriation of $15,000 has been bestowed by the State upon the agricultural experiment station connected with the University of Illinois.

Government Endowment of 1890

The annual grant of the General Government by virtue of the act of 1890, has been appropriated by the State to the maintenance of the University of Illinois.

Miscellaneous

By a resolution of Congress of July 26, 1866, the Secretary of War was directed to furnish cots and bedding for 500 students, disabled in the Civil War, to the Illinois Soldiers' College and Military Academy."

An act of August 8, 1888, relieved the Southern Illinois Normal University from money responsibility for ordnance issued to the institution and that had been destroyed by fire."

66 Catalog. Univ. Ill., 1897–98, 21.

6717th Rep. Bd. Trustees, 99.

69

14 S., Res. 81, p. 366.

68 Ill. Sch. Rep., 1896, 138. 70 25 S., [Priv. Acts] c. 799, p. 1146.

CHAPTER X

ALABAMA

UNTIL March 3, 1817, when the Alabama Territory was created, the Territory constituted the eastern portion of the Mississippi Territory. Consequently, the various acts of Congress relating to education and to land grants for education in the Mississippi Territory (q. v.) previous to that date, were equally applicable to that portion of country out of which the Alabama Territory was formed.

Sixteenth Section Grant

An act of Congress of April 20, 1818, respecting the surveying and sale of the public lands in the Alabama Territory, provided for the usual reservation of the sixteenth section in each township for the support of schools.1

On March 2d of the following year, the congressional act to enable the people of the Alabama Territory to form a constitution and State government, became a law. Among the propositions offered to the constitutional convention of the Territory for their acceptance or rejection, occurred the usual stipulation that "the section numbered sixteen in every township, and where such section has been sold, granted, or disposed of, other lands equivalent thereto, shall be granted to the inhabitants of such township for the use of schools." The State Constitution adopted in conformity with this law provided for the preservation of the school lands granted by the United States, and for the application of the funds arising to the object specified in the above grant."

13 S., c. 126, s. 2, p. 467. Constitution, 1819, Art. VI.

23 S., c. 47, s. 6, p. 491.

During the first session of the Legislature (1819) an act was passed to provide for leasing the lands reserved for schools. The three agents directed by law to be selected in each township were empowered to lease the school lands at such an annual rental as they might think proper, for a term of years which, in 1820, was limited to a maximum of six years." In 1823 this law was amended so as to provide for the appointment of three school commissioners in each township, in lieu of the township trustees.

On February 1, 1827, a petition from the Alabama Legislature was communicated to Congress, requesting permission to sell the lands granted for the use of schools,' which was granted.

By virtue of an act of Legislature of the following year (1828), the township commissioners were directed to sell the school lands in accordance with the conditions imposed by Congress in the above act, and to pay all moneys received from such sales into the State bank. And the bank was also directed to pay interest at the rate of six per cent. on such moneys to the respective townships for the maintenance of schools. Furthermore, the faith and credit of the State were pledged for the payment of interest and the security of the school moneys thus deposited.

In

Various minor legislative enactments, slightly modifying and extending the provisions of the acts of 1823 and 1828, were passed during the following years. On December 25, 1837, the Legislature revised the laws concerning school lands. essence, and with but few changes, the provisions of the previous laws continued in force. This law provided for the appointment of three school commissioners in each township by the county courts, and for the election of three trustees in each district, the duties of each class of officials continuing the

Aikin's Digest, 9. 5 Ibid, 370. "Amer. State Papers, Pub Lands, IV, 891. 8 Aikin's Digest, 377.

• Ibia, 372.

'Clay's Digest, 519.