influence in the economic and industrial progress of the Nation has been contributed by the educational force supplied by the Military Academy at West Point and the Naval Academy at Annapolis.

The preceding paragraphs have dealt with the question of direct Government control of education. There now remains to be considered the extent of Government control of educational factors other than money or land endowments. In order that this part of the topic may be clearly defined, it seems best to use the classification of factors given below. And first, by way of introduction, it should be borne in mind that for many years the Government had been accumulating a mass of material in the form of scientific collections and books to which in many cases only a favored few had access. By resolution of Congress of April 12, 1892, however, facilities for research and study in the collections existing in the following establishments of the Government, were extended to investigators and students; namely, the Library of Congress, the National Museum, the Patent Office, the Bureau of Education the Bureau of Ethnology, the Army Medical Museum, the Department of Agriculture, the Fish Commission, the Botanic Garden, the Coast and Geodetic Survey, the Geological Survey, and the Naval Observatory." To this list may be added the Smithsonian Institution. Of these the Bureau of Education possesses the greatest interest for us. Established by an act of Congress approved March 2, 1867, an evident resultant of the same educational and political ideals of the Reconstruction Period which partially manifested their concrete embodiments in the work of the Freedmen's Bureau, the Bureau of Education, while not exercising practical control over education, has, by means of its exhaustive monographs and annual reports, and its function as a central educational distributing agency, contributed incalculably to the uplifting of the educational ideal in the United States. Concerning these establish87 27 S., Res. 8, p. 395. 38 14 S., c. 158, p. 434.

37

ments of the Government, it is quite beyond the scope of this paper to detail, even were it possible, the influence and effect which their published reports and investigations have exercised on various aspects of intellectual progress.

Miscellaneous

Under this category the writer includes a host of congressional measures which do not logically fall under any of the preceding topics. Such measures may be roughly classified as follows:

1. Exemption from Duties.—It has usually been the policy of the Government to exempt from import taxes, various instruments and articles for the use of scientific and literary institutions of learning.

39

2. Military and Naval Education.—An act of November 3, 1893, amending the Revised Statutes, permits the President to detail not more than ten officers of the navy and not more than one hundred officers of the army, to colleges for duties as instructors in their respective professions. Again, measures have been passed donating arms and ordnance to properly certified colleges for use in such instruction. And finally, Congress has authorized the Secretary of the Navy, upon the written application of the governors of the respective States, to furnish and equip vessels for the use of nautical schools at the ports of New York, Boston, Philadelphia, Baltimore, Norfolk, San Francisco, Wilmington, Charleston, Savannah, Mobile, New Orleans, Baton Rouge, Galveston and Narragansett Bay.10

3. Acts of Incorporation.-In its capacity as a local legislature for the District of Columbia, Congress has passed acts of incorporation for the several higher educational institutions in the District, and for associations for the advancement of literary and scientific progress whose influence is national in scope.

89 28 S., c. 13, P. 7.

40 18 S., c. 339, p. 121; 21 S., c. 141, p. 505.

To some of these corporations financial assistance has been rendered by the General Government.

4. Special Grants for Education.-This subdivision of the topic relates to isolated instances of assistance rendered educational progress in particular cases; such as special grants to academies; grants for the education of the deaf, dumb and blind, both within and without the District; and grants to various educational institutions within the District of Columbia.

PART II

THE INFLUENCE AND EFFECT OF NATIONAL LEGISLATION CONCERNING EDUCATION IN THE PUBLIC LAND STATES EAST OF THE MISSISSIPPI

1

CHAPTER V

OHIO

As previously indicated, the ordinance of 1785 for ascertaining the mode of disposing of land in the Western Territory, provided that "there shall be reserved the lot No. 16, of every township, for the maintenance of public schools within the said township." During the following year the Ohio Company of Associates was formed for the purpose of purchasing from the Government public lands on the Ohio, to be settled by soldiers of the Revolutionary War. As a result of a memorial from this company, and of the energetic action of Dr. Manasseh Cutler, Congress passed the famous Ordinance of 1787 for the government of the territory northwest of the river Ohio. Article III. of the articles of compact of this ordinance contained the clause that "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." This act was general in scope, applying to all the States that should be carved out of the western territory, and merely preliminary. A few days later, July 23, 1787, in an act defining the powers of the Board of Treasury to contract for the sale of the western territory to the Ohio 1 Public Lands, Laws, c. 14. 2 Ibid., c. 20.

Company, it was provided that the "lot No. 16 in each township or fractional part of a township * * be given for the purposes contained in the said ordinance" [i. e., of 1785]; and not more than two complete townships were "to be given perpetually for the purposes of a university"; furthermore, lot No. 29 in each township was to be granted for purposes of religion. This act, it will be noted, was nothing more than a contract between the General Government and intending purchasers. On the 2d of October, of the same year, the Board of Treasury was ordered to enter into a similar contract with John Cleves Symmes, the only variation consisting of the grant of one township for a university.'

5

The Congress under the Constitution continued the educational legislation begun by its predecessor. In 1792 an act was passed authorizing the grant and conveyance to the Ohio Company of the lands contracted for by virtue of the act of 1787, and providing for "the reservations in the said indentiture expressed"; i. e., the lands reserved for common schools, a university, and religion. During the same year, a large tract of land in the western territory was conveyed to J. C. Symmes and associates, and it was stipulated that similar reservations should be made for educational purposes. Again in 1801, when certain lands in the Symmes purchase were ordered to be surveyed, the sixteenth sections were declared reserved for the purposes expressed in the ordinance of 1785. During the following year Congress passed the Ohio enabling act.

Sixteenth Section Grant

The "act to enable the people of the eastern division of the territory northwest of the river Ohio to form a constitution

3 Public Lands, Laws, c. 21.

5 Public Lands, Laws, c. 37.

4 Journals of Cong., XII, 226.

I S., c. 30, s. 1, p. 267. The writer again calls attention to the fact that this method of referring to the United States Statutes at Large is to be inerpreted as follows: First volume Statutes at Large, chapter 30, section I, page 267.

72 S., c. 23, s, 10, p. 112.