committee on revision reported a constitution as revised and arranged, which, with a few changes, became the present Constitution, and which contained no enumerated and expressed power of Congress to legislate concerning education." Two days later, while the draft submitted by the committee was being debated, Mr. Madison (Vir.) and Mr. Pinckney (S. C.), moved to insert in the list of powers vested in Congress, a power "to establish an university, in which no preference or distinctions should be allowed on account of religion."" Gouverneur Morris (N. Y.) held that such expressed power was unnecessary; that the exclusive power at the seat of government would reach the object. On the question being put, Pennsylvania, Virginia, North Carolina and South Carolina voted in the affirmative-4; while New Hampshire, Massachusetts, New Jersey, Delaware, Maryland and Georgia voted in the negative-6; Connecticut stood divided. On the 17th, the Constitution was ratified by all but three of the members of the Convention. During the following year the requisite number of nine States had ratified the Constitution, and on September 13, 1788, the old Congress proceeded to organize the government under the Constitution. With the inauguration of General Washington as President, on April 30, 1789, this organization was completed, and our present national existence entered into being.

34 Ibid., 297.

35 Madison Papers, III, 1577.

CHAPTER II

ATTEMPTS TO FOUND A NATIONAL UNIVERSITY

During Washington's Administration

THAT lofty ideals of national responsibility and exalted patriotism constituted a moving force in the first President's message, January 8, 1790, is evidenced by that portion of the address wherein Washington said, “Nor am I less persuaded that you will agree with me in opinion that there is nothing which can better deserve your patronage than the promotion of science and literature.. In [a country] in which the

measures of government receive their impressions so immediately from the sense of the community as in ours, it is proportionably essential. To the security of a free constitution it contributes in various ways-by convincing those who are intrusted with the public administration that every valuable end of government is best answered by the enlightened confidence of the people, and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them; to distinguish between oppression and the necessary exercise of lawful authority; between burthens proceeding from a disregard to their convenience and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousnesscherishing the first, avoiding the last—and uniting a speedy but temperate vigilance against encroachments, with an inviolable respect to the laws. Whether this desirable object will be best promoted by affording aids to seminaries of

learning already established, by the institution of a national university, or by any other expedients, will be well worthy of a place in the deliberations of the Legislature."1

On the following May 3rd, Mr. Smith (S. C.) moved that the above portion of the President's speech be referred to a select committee of the House. But Mr. Stone objected, inquiring what part of the Constitution authorized Congress to take any steps in a business of this kind? We have already done as much as we can with propriety, he continued; we have encouraged learning by giving to authors an exclusive privilege of vending their works; this is going as far as we have the power to go by the Constitution. Mr. Sherman remarked that a proposition to vest Congress with power to establish a national university had been made in the Constitutional Convention; but it was thought sufficient that this power should be exercised by the States in their separate capacity. Mr. Page wished to have this matter determined. He supposed that Congress had a right to promote science and literature; but if, on investigation, it should appear that no such right vested in Congress, he should consider it an essential defect in the Constitution, and should be in favor of proposing an amendment to remedy the defect. The House adjourned without coming to a decision on this motion.

In this brief debate we perceive the essentials of the two view-points which characterize all later debates in Congress concerning this question of Government aid for education. The last rock of refuge to which the advocates of either of these two views have clung with unwavering pertinacity during almost eleven decades of legislative storm and stress, has been the fundamental question, Is such national legislation in behalf of education constitutional? It is interesting to note therefore, that the first recorded debate in Congress concerning

1 Richardson, I, 66; also, replies of the Senate and of the House, 68, 69. 2 Annals, II, 1603.

CALIFORNIA

an educational proposition, contains in miniature the substance of subsequent debates about the same general question.

In his eighth annual message (December 7, 1796) President Washington again recurred to the question of the expediency of establishing a national university, and urged upon Congress the necessity of a sober and thoughtful consideration of the many advantages to be derived from the establishment of such an institution. On motion of Mr. Madison (Va.), this portion of the President's message was referred to a committee (Dec. 12). Two weeks later the House resolved itself into a committee on the establishment of a national university. It was observed by Mr. Nicholas that the time was inopportune for the establishment of such an institution; that it would be necesary to open funds for its support. In fact, if the House once entered into this matter, he said, the responsibility would fall on it to keep up the institution. Furthermore, the measure was so covered as not to show half the mischief which would attend it. He believed that there was no Federal quality in knowledge, and that no Federal aid was necessary to the spreading of it; furthermore, every district of country was competent to provide for the education of its own children. On the other hand, Mr. Harper and others indicated that the import of the resolution was to enable the Commissioners of the District of Columbia to be incorporated, in order that they might be legally qualified to receive funds for the support of the institution. On the following day a motion to postpone the taking of a final vote on the subject was carried by a majority of one vote, the ballots standing 37 for the motion, to 36 against the motion.

6

8 Richardson, I, 202. See also the reply of the Senate, p. 205.

6

Annals Congress, VI, 1600.

• Given in Annals Congress, 4 C., 2 S., 1591.

Ibid., 1697 et seq.

Subsequent Attempts to Found a National University▾

This favorite idea of President Washington to establish a university on a national foundation has been at subsequent periods of our legislative history revived in various guises. From what follows it will be observed that until 1825 this question was usually a source of complimentary legislation in deference to suggestions occurring in the messages of the Presidents; that the question was partially revived in 1836, when the method of disposing of the Smithson bequest was under consideration; and that the most vigorous discussion of this measure has taken place during this generation, from 1867 to the present day, indicating, to a certain degree, the influence on education of the growth of the national ideal.

8

In 1803 and in 1805, Samuel Blodget, late supervisor of the District of Columbia, presented memorials to Congress relative to the establishment of a national university by the General Government, both of which memorials were referred to committees, but upon which no subsequent action was recorded. The sixth annual message of President Jefferson (December 2, 1806), refers to this question in the following words: "The present consideration of a national establishment for education particularly is rendered proper by this circumstance also, that if Congress, approving the proposition, shall yet think it more eligible to found it on a donation of lands, they have it now in their power to endow it with those which will be among the earliest to produce the necessary income.1o

In his second annual message (December 5, 1810), President Madison wrote to Congress, "I cannot presume it to be un

For a wealth of literature on this topic see "Memorial in Regard to a National University," 1891, J. W. Hoyt; and "University of the United States," 54 C., I S., Sen. Rep., 429.

Given in full by Hoyt, National University, 42, 43.

Annals Congress, 9 C., I S., 301.

10 Richardson, I, 410.