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appointed by me shall always have the right, and the power is hereby given them and their successors, which right the Legislature shall never take away or abridge, to fill all vacancies which may occur in their number by death, resignation, refusal to act, or otherwise. But the Legislature may provide as it sees proper for the appointment or election of the other six Trustees, if it accepts the donation. And I do hereby request the seven Trustees above named, or such of them as may be living, or may be willing to act, to meet as soon after my death as practicable, and organize and at once fill all vacancies that may have occurred, and exert themselves to effectuate my purposes as herein set forth. And I hereby instruct my executor to notify them of their appointment herein, as soon as practicable. The name of this institution is to be “The Clemson Agricultural College of South Carolina.”
ITEM 4.-It is my desire that the dwelling house on Fort Hill shall never be torn down or altered, but shall be kept in repair, with all the articles of furniture and virtu, which I hereinafter give for that purpose, and shall always be open for the inspection of visitors; but a part of the house may be used by such of the Professors as the Trustees may direct.
Laws of Congress Relating to the College 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 purpose 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.
Sec. 2. And be it further enacted, That the lands aforesaid, after being surveyed, shall be apportioned to the several States in sections or subdivisions of sections not less than one-quarter of 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 land 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 script to the amount of acres for the deficiency of its distributive share; and script to be sold by said State, and the proceeds thereof applied to the uses and purposes prescribed in this Act, and for no other use or purpose whatever: Provided, That in no case shall any State to which land script 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 script 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.
Sec. 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 the money 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.
Sec. 4. And be it further enacted, That all moneys derived from the sale of the lands aforesaid by the State to which the lands are apportioned, and from the sale of land script hereinbefore provided for, shall be invested in stocks of the United States, or of the States, or of 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 fifth Section 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, and in such manner as the Legislature of the States may prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.
Sec. 5. And be it further enacted, That the grant of land and land script 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.
1. If any portion of the fund invested as provided by the foregoing section, or any portion of the interest thereon, shall by any act or contingency be diininished 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 of experiment farms whenever authorized by the respective Legislatures of said States.
2. No portion of said fund, nor interest thereon, shall be applied directly or indirectly, under any pretense whatever, to the purchase, erection, preservation or repair of any building or buildings.
3. 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 said State shall cease; and said State shall be bound to pay the United States the amount received of any lands previously sold, and the title to purchasers under the State shall be valid.
4. 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 and industrial 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.
5. 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 State at the maximum price, and the number of acres proportionately diminished.
6. 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.
7. No State shall be entitled to the benefit of this Act unless it shall express the acceptance thereof by the Legislature within two years of the date of its approval by the President.
Sec. 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, one thousand eight hundred and sixty-three.
Sec. 7. 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 are now allowed for the location of military bounty land warrants under existing laws: Provided, That maximum compensation shall not be thereby increased.
Sec. 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.
AN ACT to establish Agricultural Experiment Stations in connec
tion with the colleges established in the several States under the provisions of an Act approved July 2, 1862, and of the Acts
supplementary thereto. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to aid in acquiring and diffusing among the people of the United States useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science, there shall be established, under direction of College or Colleges, or Agricultural Department of Colleges in each State or Territory established, or which may hereafter be established, in accordance with the provisions of an Act approved July 2, 1962, entitled “An Act donating public lands to the several States and Territories which may provide Colleges for the benefit of Agriculture and the Mechanic Arts," or any of the supplements to said Act, a department known and designated as an “Agricultural Experiment Station:" Provided, That any State or Territory in which two such Colleges have been or may be so established, the appropriation hereinafter made to such State or Territory shall be equally divided between such Colleges, unless the Legislature of such State or Territory shall otherwise direct.
Sec. 2. That it shall be the object and duty of said Experiment Stations to conduct original researches or verify experiments on the physiology of plants and animals; the disease to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analysis of soils and water; the chemical composition of manures, natural or artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibility of the different kinds of food for domestic animals; the scientific and economic questions involved in the production of butter and cheese; and such other researches or experiments bearing directly on the agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying condition and needs of the respective States and Territories.
Sec. 2. That in order to secure, as far as practicable, uniformity of methods and results in the work of said stations, it shall be the duty of the United States Commissioner of Agriculture to furnish forms, as far as practicable,for the tabulation of results of investigation or experiments; to indicate, from time to time, such lines of inquiry as to him shall seem most important; and, in general, to furnish such advice and assistance as will promote the purposes of this Act. It shall be the duty of each of said stations annually, on or before the first day of February, to make to the Governor of the State or Territory in which it is located a full and detailed report of its operations, including a statement of receipts and expenditures, a copy of which report shall be sent to each of said stations, to the Commissioner of Agriculture, and to the Secretary of the Treasury of the United States.
Sec. 4. That bulletins or reports of progress shall be published at said stations at least once in three months, one copy of which shall be sent to each newspaper in the States or Territories in which they are respectively located, and to such individuals actually engaged in farming as may request the same, and as far as the means of the station will permit. Such bulletins or reports and the annual reports of said stations shall be transmitted in the mails of the United States free of charge for postage, under such regulations as the Postmaster General may from time to time prescribe.
Sec. 5. That for the purpose of paying the necessary expenses of conducting investigations and experiments and printing and distributing the results as hereinbefore prescribed, the sum of $15,000 per annum is hereby appropriated to each State, to be especially provided for by Congress in the appropriations from year to year, and to each Territory entitled under the provisions of Section eight of this Act, out of any money in the treasury proceeding from the sales of public lands, to be paid in equal quarterly payments, on the first day of January, April, July and October in each year, to the Treasurer or other officer duly appointed by the governing boards of said Colleges to receive the same, the first payment to be made on the first day of October, 1887: Provided, however, That out of the first annual appropriation so received by any station an amount not exceeding one-fifth may be expended in the erection, enlargement, or repair of a building or buildings necessary for carrying on the work of such station; and thereafter an amount not exceeding five per centum of such annual appropriation may be so expended.
Sec. 6. That whenever it" shall appear to the Secretary of the Treasury from the annual statement of receipts and expenditures of any of said stations that a portion of the preceding annual appropriation remains unexpended, such amount shall be deducted from the succeeding annual appropriation to each station, in order that the amount of money appropriated to any station shall not exceed the amount actually and necessarily required for its maintenance and support.
Sec. 7. That nothing in this Act shall be construed to impair or modify the legal relation existing between any of the said Colleges and the government of the States or Territories in which they are respectively located.
Sec. 8. That in States having Colleges entitled under this Section to the benefits of this Act and having also Agricultural Experiment Stations established by law separate from said Colleges, such States shall be authorized to apply such benefits to experiments at stations so established by such States; and in case any State shall have established under the provisions of said Act of July 2d aforesaid, an Agricultural Department or Experiment Station, in connection with any University; College, or institution not distinctively an Agricultural College, or School, and such States shall have established or shall hereafter establish a separate Agricultural College or School, which shall have connected therewith an Experimental Farm or Station, the Legislature of such State may apply in whole or in part the appropriation made by this Act, to separate Agricultural College or School, and no Legislature shall by contract expressed or implied disable itself from so doing.
Sec. 9. That the grant of moneys authorized by this Act are made subject to the legislative assent of the several States and Territories to the purposes of said grants: Provided, That payment of such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session of its Legislature meeting next after the passage of this Act shall be made upon the assent of the Governor thereof, duly certified to by the Secretary of the Treasury.
Sec. 10. Nothing in this Act shall be held or construed as binding the United States to continue any payments from the Treasury to any or all the States or institutions mentioned in this Act, but Congress may at any time amend, suspend or repeal any or all the provisions of this Act.
Approved March 2, 1887.