and select and locate lands under and by virtue thereof, and execute mortgages thereon, as herein before provided within four years from the date hereof, and that he will sell the lands within twenty years from date, and pay the net profits arising from such sales into the Treasury of this State, and that until the same shall be sold and the net profits so paid, he will pay all taxes which may be assessed thereon, and preserve and maintain a title thereto unimpaired, to which the liens created by said mortgages shall attach.

And if any event shall occur making it needful for the people of the State to incur any expense to preserve the lien of said mortgages, the same shall be paid out of the proceeds of the sales of said lands.

And if, after the expiration of the period of four years herein before fixed, any of said scrip shall remain with this State, and not have been paid for by the party of the second part, the same shall be released thereafter from the conditions and stipulations of this agreement.

Hon. Ezra Cornell made the following application :

I apply for such temporary modification of my agreement with the Commissioners of the Land Office in relation to the College Land Scrip, so that for the present the Comptroller will receive an assignment of Land Receiver's certificates in lieu of a mortgage on the lands to be patented to me on such certificates.

E. CORNELL.

CONGRESSIONAL ACT.

In 1862, the Congress of the United States passed the following act:

Chapter 130.-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.

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 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 there 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. 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 sale, and all expenses incurred in the management and disbursements 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.

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 herein before 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 herein before 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 cites or experimental farms.

whenever authorized by the special 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 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 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 there