The people of Ohio complied with the above stipulations, November 29, 1802, and were admitted into the Union.

The act of Congress of March 3, 1803, in addition to the above act of April 30, 1802, provided

That the following several tracts of land in the State of Ohio be, and the same are hereby, appropriated for the use of schools in that State, and shall, together with all the tracts of land heretofore appropriated for that purpose, be vested in the legisla ture of that State, in trust for the use aforesaid, and for no other use, intent, or purpose whatever.

Thus Congress transferred the reserved school lands, section 16 in each township, and provided an indemnity for such sections as had already been sold or taken prior to survey to the State of Ohio, in trust for the United States, and the people of the State, for schools. Prior to this, laws were silent as to how the proceeds of these reserved lands were to be applied or by whom.

Congress thus made the State its trustee. Compacts between the United States on the admission of the States of Indiana, Illinois, and Louisiana, and all the States admitted into the Union prior to 1820, also contained the provisions above set out.

THE SIXTEENTH SECTION.

To each organized Territory, after 1803, was and now is reserved the sixteenth section (until after the Oregon Territory act reserved the thirty-sixth as well) for school purposes, which reservation is carried into grant and confirmation by the terms of the act of admission of the Territory or State into the Union; the State then becoming a trustee for school purposes.

These grants of land were made from the public domain, and to States only which were known as public-land States. Twelve States, from March 3, 1803, known as public-land States, received the allowance of the sixteenth section to August 14, 1848. (See table, page 228.)

OTHER SCHOOL GRANTS.

Congress, June 13, 1812, and May 26, 1824, by the acts ordering the survey of certain towns and villages in Missouri, reserved for the support of schools in the towns and villages named, provided that the whole amount reserved should not exceed one-twentieth part of the whole lands included in the general survey of such town or village. These lots were reserved and sold for the benefit of the schools. Saint Louis received a large fund from this source. These acts benefited the towns and villages of Saint Louis, Portage des Sioux, Saint Charles, Saint Ferdinand, Villa à Robert, Carondelet, Saint Genevieve, New Madrid, New Bourbon, Little Prairie in the Territory (now State) of Missouri, and Arkansas in the Territory of Arkansas. The act of May 26, 1824, extended the benefits of both acts to the village of Mine à Burton.

THE THIRTY-SIXTH SECTION.

In the act for the organization of the Territory of Oregon, August 14, 1848, Senator Stephen A. Douglas inserted an additional grant for school purposes of the thirtysixth section in each township, with indemnity for all public-land States thereafter to be admitted, making the reservation for school purposes the sixteenth and thirty-sixth sections, or 1,280 acres in each township of six miles square reserved in public-land States and Territories, and confirmed by grant in terms in the act of admission of such State or Territory into the Union.

From March 13, 1853, to June 30, 1880, seven States have been admitted into the Union having a grant of the sixteenth and thirty-sixth sections, and the same area has been reserved in eight Territories. (See table, page 228.)

UNIVERSITIES.

July 23, 1787, Congress, in the "Powers to the Board of Treasury to contract for the sale of Western Territory," ordered

That not more than two complete townships be given perpetually for the purpose of an university, to be laid off by the purchaser or purchasers as near the centre as

may be, so that the same shall be of good land, to be applied to the intended object by the legislature of the State.

This related to lands now in the State of Ohio, in the Symmes and Ohio Company purchases. This inaugurated the present method of taking from the public lands, for the support of seminaries or schools of a higher grade, the quantity of two townships at least, and in some instances more, to each of the States containing public lands, and special grants have also been made to private enterprises.

In the legislation relating to the admission of the public-land States into the Union, from the admission of Ohio in 1802 to the admission of Colorado in 1876, grants of two townships of public lands, viz, 46,080 acres each, for university purposes are enumerated. Ohio, Florida, Wisconsin, and Minnesota are the exceptions, each having more than two townships in area. Nineteen States have had the benefit of this provision, and the two townships are reserved in the Territories of Washington, New Mexico, and Utah. These will be granted and confirmed to them upon their admission into the Union. These reservations in each case require a special act. All school, university or agricultural college lands granted are sold by the legislatures of the several States or leased, and the proceeds of sale or lease applied to education. A table annexed gives the States and Territories and areas, with dates of laws making reservations or grants of university lands.

MANNER OF SELECTING SCHOOL LANDS.

As soon as, in running the lines of the public surveys, the school sections "in place" 16 and 36 are fixed and determined, the appropriation thereof for the educational object is, under the law, complete and lists are made out and patents issued to the States therefor.

When sections 16 and 36 are found to be covered with prior adverse rights, such as legal occupancy and settlement by individuals under settlement laws, prior to survey of the lands, or deficient in area, because of fractional character of the townships, or from other causes, selections for indemnity are made.

INDEMNITY SELECTIONS.

Selections from other public lands as indemnity for deficiencies in sections 16 and 36 and fractional townships under acts of May 20, 1826, and February 26, 1859, are made by agents appointed by the respective States, which selections are filed in the local offices of the district in which the land is situated, and if found to be correct are certified to the General Land Office by the register of the local office where filed. If, upon examination by the Commissioner, the same are found to inure to the State, a list is made out and certified to the Secretary of the Interior for his approval. When approved, a certified copy of the same is transmitted to the governor of the State in which the selections are made, and a copy thereof transmitted to the local office from which the selections are received, to be placed on file, and the approvals to be noted on its records.

By the approval of the Secretary, the fee is passed to the State. (See sec. 2449 Revised Statutes.)

The same course is pursued in making selections under the grants for internal improvements and agricultural colleges.

ACREAGE OF SIXTEENTH AND THIRTY-SIXTH SECTIONS.

The following statement shows the number of acres (estimated) to be embraced in the grant of sections 16 in some of the States, and sections 16 and 36 in others, for school purposes; also the number of acres estimated to be embraced in sections 16 and 36 reserved for the same purposes in the organized Territories by acts of Congress, the dates of which are given in the proper column.

Statement of the grants to States and reservations to Territories for school purposes.

Lands in sixteenth and thirty-sixth sections in Territories not granted, but reserved. Lands in place and indemnity for deficiencies in sections and townships, under acts of May 20, 1826, and February 26, 1859, included in above statement.

UNIVERSITY GRANTS.

The following statement shows the number of acres granted to the States and reserved in the Territories of Washington, New Mexico, and Utah, for university pur. poses, by acts of Congress, the dates of which are given in proper column:

AGRICULTURAL AND MECHANICAL COLLEGE GRANTS.

July 2, 1862, Congress enlarged the national educational endowment system by the donation to each State of thirty thousand acres of public land not otherwise reserved (no mineral lands could be selected, and selections must be of quarter-sections), for each Senator and Representative (to which such State was entitled under the apportionment of 1860), for the support of colleges for the cultivation of agricultural and mechanical science and art. It was championed in the Senate by Hon. Justin S. Morrill, of Vermont.

The law contained a provision for location in place, and an issue of scrip in lieu of place locations. The Commissioner of the General Land Office, in 1875, in the case of the new State of Colorado, ruled that the grant attaches to a new State without further legislation.

"In place" means that the States having public lands in their limits were to take such lands in satisfaction of their allowance under this law.

"In scrip" means an issue of redeemable land scrip, assignable, which might be located according to law and stipulations in the act, to States which had no public lands within their limits from which their allowance could be satisfied.

Special certificates with printed forms of selections were furnished States making selections from public lands within their limits. The scrip was issued by the Commissioner of the General Land Office. (See Regulations of General Land Office, May 4, 1863, June 17, 1864, September 16, 1874, and July 20, 1875, and subsequently, to registers and receivers.)

This scrip can be located upon land subject to sale at ordinary private entry at $1.25 per acre, or used in the payment of pre-emption claims, and the commutation of homestead entries. Circular from the General Land Office of date July 20, 1875, gives full details as to methods of location and entry.

The lands entered in "place" were sold by the several States, and the proceeds thereof used to endow agricultural colleges. The "scrip" was sold by the several States (in most cases) and the proceeds from the same used for the same purpose.

The following statement shows the number of acres granted for agricultural and mechanical colleges by acts of Congress, the dates of which are given, to such of the States as had sufficient public land within their limits subject to sale at ordinary private entry at $1.25 per acre, inclusive of the scrip provided to be issued to the to the other States of the Union by the act of Congress of July 2, 1862, and supplemental acts:

States having land subject to selection, "in place," under act of July 2, 1862, and acts amendatory thereof.

Acres.

The following statement shows the names and locations of agricultural colleges, with the number of acres of scrip or land in place given to the several States, and the amounts realized therefrom:

Agricultural colleges located by the several States under the act of July 2, 1862.

83,000

000, scrip. 150, 000, scrip. 150, 000, place.

90, 000, place.

90, 000, scrip.

State Agricultural College, Eau Gallie, Fla. (location questionable; college not yet organized).

Georgia State College of Agriculture and the Mechanic Arts, Athens,

Ga. (departments of University of Georgia).

243, 000

North Georgia Agricultural College, Dahlonega, Gat

270, 000, scrip.

Illinois Industrial University, Urbana, Ill

Purdue University, La Fayette, Ind

Iowa State Agricultural College, Ames, Iowa.

Kansas State Agricultural College, Manhattan, Kans.

290,000

90, 000, place.

Agricultural and Mechanical College of Kentucky, Lexington, Ky..
Louisiana State Agricultural and Mechanical College, Baton Rouge, La.
Maine State College of Agriculture and the Mechanic Arts, Orono, Me
Maryland Agricultural College, College Station, Md.
Massachusetts Agricultural College, Amherst, Mass

165,000

330, 000, scrip.

Agricultural and Mechanical Department of Alcorn University, Rodney,
Miss

Agricultural aad Mechanical College of the State of Mississippi, Stark-
ville, Miss

University of the State of Missouri:

Agricultural and Mechanical College, Columbia, Mo.
School of Mines and Metallurgy, Rolla, Mo

157, 538

78,769 275, 104 $178,000

240, 000, place. 120, 000, place.

210, 000, scrip.

330,000, place

360,000, scrip.