| (Establishing
Land Grant Colleges)
Be it enacted by, the Senate and House of
Representatives of the United States of America, in Congress
assembled, That there be granted to the several States, for
the purposes hereinafter mentioned, an amount of public land,
to be apportioned to each State a quantity equal to thirty thousand
acres for each Senator and Representative in Congress to which
the States are respectively entitled by the apportionment under
the census of 1860; Provided, That no mineral lands shall be
selected or purchased under the provisions of this act.
Section 2. And be it further enacted, That
the land aforesaid, after being surveyed, shall be apportioned
to the several States in sections or subdivisions of sections,
not less than one-quarter of a section; and wherever there are
public lands in a State, subject to sale at private entry at
one dollar and twenty-five cents per acre, the quantity to which
said State shall be entitled shall be selected from such lands,
within the limits of such State; and the Secretary of the Interior
is hereby directed to issue to each of the States, in which
there is not the quantity of public lands subject to sale at
private entry, at one dollar and twenty-five cents per acre,
to which said State may be entitled under the provisions of
this act, land scrip to the amount in acres for the deficiency
of its distributive share; said scrip to be sold by said States,
and the proceeds thereof applied to the uses and purposes prescribed
in this act, and for no other purpose whatsoever: Provided,
That in no case shall any State to which land scrip may thus
be issued be allowed to locate the same within the limits of
any other State or of any territory of the United States; but
their assignees may thus locate said land scrip upon any of
the unappropriated lands of the United States subject to sale
at private entry, at one dollar and twenty-five cents. or less,
an acre: And provided further, That not more than one million
acres shall be located by such assignees in any one of the States:
And provided further, That no such location shall be made before
one year from the passage of this act.
Section 3. And be it further enacted, That
all the expenses of management, superintendence, and taxes from
date of selection of said lands, previous to their sales, and
all expenses incurred in the management and disbursement of
moneys which may be received therefrom, shall be paid by the
States to which they may belong, out of the treasury of said
States, so that the entire proceeds of the sale of said lands
shall be applied, without any diminution whatever, to the purposes
hereinafter mentioned.
Section 4. And be it further enacted, That
all moneys derived from the sale of the lands aforesaid by the
States to which the lands are apportioned, and from the sales
of land scrip hereinbefore provided for, shall be invested in
stocks of the United States, or of the States, or some other
safe stocks, yielding not less than five per centum upon the
par value of said stocks; and that the moneys so invested shall
constitute a perpetual fund, the capital of which shall remain
forever undiminished, (except so far as may be provided in section
fifth of this act,) and the interest of which shall be inviolably
appropriated, by each State which may take and claim the benefit
of this act, to the endowment, support, and maintenance of at
least one college where the leading object shall be, without
excluding other scientific and classical studies, and including
military tactics, to teach such branches of learning as are
related to agriculture and the mechanic arts, in such manner
as the legislatures of the States may respectively prescribe,
in order to promote the liberal and practical education of the
industrial classes in the several pursuits and professions in
life.
Section 5. And be it further enacted, That
the grant of land and land scrip hereby authorized shall be
made on the following conditions, to which, as well as to the
provisions hereinbefore contained, the previous assent of the
several States shall be signified by legislative acts:
First. If any portion of the fund invested,
as provided by the foregoing section, or any portion of the
interest thereon, shall, by any action or contingency, be diminished
or lost, it shall be replaced by the State to which it belongs,
so that the capital of the fund shall remain forever undiminished;
and the annual interest shall be regularly applied without diminution
to the purposes mentioned in the fourth section of this act,
except that a sum, not exceeding 10 per centum upon the amount
received by any State under the provisions of this act, may
be expended for the purchase of lands for sites or experimental
farms, whenever authorized by the respective legislatures of
said States;
Second. No portion of said fund, nor the interest
thereon, shall be applied, directly or indirectly, under any
pretense whatever, to the purchase, erection, preservation,
or repair of any building or buildings;
Third. Any State which may take and claim
the benefit of the provisions of this act shall provide, within
five years, at least not less than one college, as prescribed
in the fourth section of this act, or the grant to such State
shall cease; and said State shall be bound to pay the United
States the amount received of any lands previously sold, and
that the title to purchasers under the State shall be valid;
Fourth. An annual report shall be made regarding
the progress of each college, recording any improvements and
experiments made, with their costs and results, and such other
matters, including State industrial and economical statistics,
as may be supposed useful; one copy of which shall be transmitted
by mail free, by each, to all the other colleges which may be
endowed under the provisions of this act, and also one copy
to the Secretary of the Interior;
Fifth. When lands shall be selected from those
which have been raised to double the minimum price in consequence
of railroad grants, they shall be computed to the States at
the maximum price, and the number of acres proportionally diminished,
Sixth. No State while in a condition of rebellion
or insurrection against the Government of the United States,
shall be entitled to the benefit of this act;
Seventh. No state shall be entitled to the
benefits of this act unless it shall express its acceptance
thereof by its legislature within two years from the date of
its approval by the President.
Section 6. And be it further enacted, That
land scrip issued under the provisions of this act shall not
be subject to location until after the first day of January,
1863.
Section 7. And be it further enacted, That
land officers shall receive the same fees for locating land
scrip issued under the provisions of this act as is now allowed
for the location of military bounty land warrants under existing
laws: Provided, That maximum compensation shall not be thereby
increased.
Section 8. And be it further enacted, That
the governors of the several States to which scrip shall be
issued under this act shall be required to report annually to
Congress all sales made of such scrip until the whole shall
be disposed of, the amount received for the same, and what appropriation
has been made of the proceeds.
Approved, July 2, 1862
Source: U.S. Statutes at Large 12:503.
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