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Sacramento, November 25th, 1867.

To the Senate and Assembly of the State of California :

The Legislature, at its last session, passed an ict providing for the establishment of an Agricultural, Mining and viechanical Arts College, and in joint convention a Board of Directors were appointed for the purpose of carrying into effect the provisions of the Act. The Board were authorized to purchase or accept donations of land suitable for the purposes of such a college, the minimum quantity of the same being fixed at one hundred and sixty acres. In the autumn of eighteen hundred and sixty-six, the Board invited proposals by advertising, as required by law, for donations of lands, and in response received propositions from individuals resident in the Counties of Santa Clara, Alameda, Napa, Sacramento, and El Dorado. In October of that year the Board visited Santa Clara, Alameda, Napa, and Sacramento Counties, made a personal inspection of such tracts of land as seemed at all suitable for the required institution, and adjourned without arriving at any definite conclusion.

On the fourteenth day of June, eighteen hundred and sixty-seven, the Board again met, all the members being present. After thoroughly considering the advantages and disadvantages of each locality visited by them, it was decided to locate the college in Alameda County; thereupon a committee was appointed of three members of the Board to negotiate for a proper site. On the fifth of November, eighteen hundred and sixty-seven, at the sixth meeting of the Board, the committee above named made a report presenting a proposition from the Board of Trustees of the College of California, in terms as follows:

“At a regular meeting of the Board of Trustees of the College of California, held at the City of San Francisco, on the ninth day of October, A. D. eighteen hundred and sixty-seven, the following resolutions wree adopted, namely :

Resolved, That the President and Board of Trustees of the College of California hereby offer to donate and convey to the State Board of Directors of the Agricultural, Mining and Mechanical Arts College,' one hundred and sixty acres of land in the Township of Oakland, Alameda County, including the lands between the two ravines, commonly known as the California College site, for the site and farm of the said State College.

"Resolved, That in making this donation the College of California is influenced by an earnest hope and confident expectation that the State

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of California, will forth with organize and put into operation, upon this site, a University of California, which shall include à College of Mines, a College of Civil Engineering, a College of Mechanics, a College of Agriculture, and an Academical College, all of the same grade, and with courses of instruction equal to those of eastern colleges.

Resolved, That the President and Secretary of this Board be author. ized to enter into a contract on behalf of this corporation with the State Board of Directors of the Agricultural, Mining and Mechanical Arts College, to the effect that whenever a University of California shall be established, as contemplated in the next preceding resolution, then the College of California will disincorporate, and after discharging all its debts, pay over its net assets to such University.


“S. H. WILLEY, “Secretary Board of Trustees of College of California."

The Board, after making a personal inspection of the tract of land proposed to be donated by the College of California, unanimously voted to accept the donation as set forth in the first of the foregoing series of resolutions. The title is now being examined by the Attorney-General, and, if found satisfactory, the fee simple title to the lands will pass to the State. The provisional contract, suggested in the last resolution of the Trustees of the College of California, was not acted upon, as it was not considered within the province of the Board to go further than to accept the donation, or make the purchase of the lands desired.

The Board of Directors are gratified at the favorable results of their labors, and they are firmly of the opinion that the location fixed upon for this important enterprise is the most desirable to be found in the State. In its climate, soil, and beauty of scenery, it is peculiarly adapted to the wants of a great practical and educational institution, and it is to be hoped, for the credit of California, that the youth of the State and the working classes may here find the means of enjoying a liberal and thorough education, as complete in all its appliances and as entirely within the reach of all who studiously prepare themselves for it, as is to be found in the best of kindred institutions of the older States.

The Act of March thirty-first, eighteen hundred and sixty-six, under which the college is to be organized, appears to contemplate the establishment of a university wbich sball combine, under one management, schools or colleges in which shall be taught all the higher branches of learning. While it is the unanimous opinion of the Board that the apparent aim and intent of the Legislature should be carried out, they beg leave to suggest that such amendments should be made to the Act as will more clearly define the intent of the Legislature.

It will be found that the available means arising from the land grants will be entirely inadequate for the erection of suitable buildings and the establishment of the college on anything like a proper basis. In view of this, and recognizing the great necessity of prompt action on the part of the State to put this institution into successful operation as early as may be, the Dírectors earnestly recommend an appropriation of one hundred thousand dollars, to be expended during the next two years in the erection of suitable college buildings and the arrangement of the grounds.


Secretary of the Board.



Committee on Federal Relations





R E P O R T.

Mr. PRESIDENT: The Committee on Federal Relations, to whom was referred Senate Resolution No. 15, baving considered the same, and failing to agree upon a recommendation, the undersigned, a minority of your Committee, respectfully report:

That a correct solution of our duty in the premises involves a consideration and proper understanding of the whole form and system of our Federal Government.

Tbat our Government was, before the adoption of the present Constitution, confederate, is conceded by all; but since that event it has been variously designated as National, Federal and compound Federal.

While the minority of your Committee deem it unnecessary to offer their reasons therefor, it is respectfully submitted that it is compound Federal in form, and exercises a limited governmental control in a designated sphere, under and by virtue of an express written grant of autbority from the States, and was made for the States in contradistinction to the people; was generated and matured into its fair proportions in the assent of the people to this grant, expressed through Conventions and Legislatures of the several States at different times and in different places, in their capacities as States, and can be perpetuated only by a continuance of the assent of the people of tbe several States, expressed or continued in the same mode as that originally adopted and practiced.

That the States made and can destroy our Federal Government, and tbis withont revolution, is demonstrably true.

The States can, by local enactment, peacefully destroy the very machinery by which a Member of Congress or even a President could be elected ! Destroy the assent of the people to the grant of authority referred to, and our form of Government is ipso facto destroyed. Americans will not voluntarily pay tribute to support that wbich they do not believe ought to be supported. Our system of government is founded upon the theory that every voter retains that liberty of choice witb which he was endowed by bis Creator—to choose the good and reject the evil. It is this liberty which we claim is inalienable, and tbis principle applies as well to our State as to our Federal forms of government. In the former we fix by organic law a limitation of authority, and declare all political power inherent in the people. To the latter we,

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