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First
Morrill Act
Act
of 1862 Donating Lands for Colleges Of Agriculture and Mechanic
Arts
An act
donating public lands to the several States and Territories
which may provide colleges for the benefit of agriculture
and the mechanic arts
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 eighteen hundred and sixty; Provided,
That no mineral lands shall be selected or purchased under the provisions of
this act.
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 whenever 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 use or 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,
per 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.
And be it further enacted, That all 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 the 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.
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.
That all moneys derived from the sale of lands aforesaid by the States to which
lands are apportioned, and from the sales of lands scrip hereinbefore provided
for, shall be invested in stocks of the United States or of the States, or
some other safe stocks; or the same may be invested by the States having no
State stocks, in any other manner after the legislatures of such States shall
have assented thereto, and engaged that such funds shall yield not less than
five per centum upon the amount so invested and that the principal thereof
shall forever remain unimpaired; Provided, That the moneys so invested or loaned
shall constitute a perpetual fund, the capital of which shall remain forever
undiminished (except so far as may be provided in section five 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 objects 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.
That all moneys derived from the sale of lands aforesaid by the States to which
lands are apportioned and from the sales of land scrip hereinbefore provided
for shall be invested in bonds of the United States or of the States or some
other safe bonds; or the same may be invested by the States having no State
bonds in any manner after the legislatures of such States shall have assented
thereto and engaged that such funds shall yield a fair and reasonable rate
of return, to be fixed by the State legislatures, and that the principal thereof
shall forever remain unimpaired: Provided, That the moneys so invested or loaned
shall constitute a perpetual fund, the capital of which shall remain forever
undiminished (except so far as may be provided in section 5 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 mechanics
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.
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
ten 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 described 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 cost 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 proportionately
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.
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,
one thousand eight hundred and sixty-three.
And be it further enacted, That the 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 their maximum compensation shall not be thereby increased.
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 (12 Stat. 503
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