the young men of the State of New York the in his contract with the State officers, and is to amount of knowledge actually existing, but they be preserved inviolate by this Constitution. It is are to constantly extend the area of that knowl-known by some other name. The Cornell enedge. The men that are competent to do this are dowment fund is a fund which is made up under very few. In order to do that, Mr. Cornell knew this contract of the moneys that shall be received that a large endowment was absolutely neces- from the sale of the land over and above the sary; and, in order to procure this large endow- sum received from the rate fixed at thirty cents ment, he gave a large sum (five hundred thousand an acre-the first portion of the sales, which makes dollars) himself, and combining it with some up the college land scrip fund. Now, I stated other large sum, given by the State itself, to the other day that the letter as well as the spirit fully endow this university. The State has vol- of the act of Congress had been violated by that untarily entered into a partnership with him. arrangement. Congress said, and the trust deThey gave him their sum and they took his sum, clares that all the proceeds of the sales of the and they put the two sums together and dedi- lands shall be "one fund." This arrangement cated them to the sustaining of this Cornell Uni- between Mr. Cornell and the State officers versity. Now, Mr. Cornell, having, from such makes it two funds. By the first section large and generous motives, contributed such a of the agreement between Mr. Cornell and magnificent donation for the welfare of the sons the Comptroller, he is to pay thirty cents of toil among us, certainly deserves the respect an acre in lawful money, when he receives and gratitude of (the whole community. Athens the scrip, and at the same time, he is to deposit would have given him a laurel crown. Rome with the Comptroller stocks and bonds to be apwould have enshrined his statue in the Pantheon. proved by him, to the amount of an additional Every nation in Europe would have acknowl- thirty cents. I claim that this is a fair interpreedged such a munificent donation with signifi- tation of that contract, and that the Comptroller cant tokens of national gratitude. We, sir, have sold these lands to Mr. Cornell for sixty cents an never even thanked Mr. Corneli. The Legislature acre. If he sold them for thirty cents an acre have not thanked him. He has not been thanked what right has he to stipulate that Mr. Cornell by any of our large educational bodies. We have shall give security for that additional thirty cents received the gift as a dog receives a bone that is an acre? And here it may be observed that Mr. thrown to him. Mr. Cornell makes no complaint Cornell's original proposition was to pay sixty of this ungracious reception of his bounty; he cents an acre half cash, the balance on credit, asks for no thanks, but only that he may be per- without interest. Now, then, they take this mitted to do the good that he desires to accom- extra thirty cents and put it in with the profits plish. This I think we ought at least to permit to be derived from the sales of land to be made him to do; but the effect of the proposed amend-by Mr. Cornell, into the other fund known as the ment is to prevent it. After getting his half Cornell endowment fund. I have not the slightmillion of dollars, so that he can never est desire to attack or impeach this or any part of get it back again, we propose to allow a munificent endowment, but I wish, if it is in the Legislature to take back the con- any way to be preserved by the Constitution of sideration which induced him to bestow it, without which his object could not be attained. The effect of the amendment is simply to hold out a premium to the starvling little colleges to levy black mail every year upon the Cornell University. The officers must leave their great and noble work in which they are engaged, every winter, to counteract these lobby agents in their efforts to despoil the university of its funds. I know, sir, that Mr. Cornell would not have given the money if he had not faith in the honesty of this Convention, and that it would ratify the bargain made with him by the Legislature. And now, sir, how will our conduct look in the eyes of the inhabitants of other States, and in the eyes of foreign nations? How will it look in the eyes of posterity? Sir, the picture will look unbeautiful in their eyes; they will consider it the reverse of noble. Our successors will blush with honest shame when they behold our work. The united voice of the whole world will call upon us to expunge "Excelsior" from our motto.

the State of New York, that it shall be honestly conformed to meet the terms of the act of Congress, and correspond to the trust accepted by the State. You cannot sell the land at thirty cents an acre, in cash, and give credit for thirty cents an acre more, without selling the land for sixty cents an acre, as every court in the land would hold. If you have sold the land for sixty cents an acre it must all go into the college land scrip fund, and here it is again to be observed that this was also part of Mr. Cornell's original proposition. Gentlemen will see that this contract all the way through is based upon what a jury of twelve men would unanimously declare to be a contract for the sale of this land at sixty cents an acre; and the dodge, if there is a dodge, consists in taking thirty cents of the sum and putting it in some other fund than that which the act of Congress declares shall be set apart and held sacred.

Mr. ALVORD-I desire to very briefly answer the gentleman from Rockland [Mr. Conger]. I Mr. CONGER-It is yet to be understood by had the honor, at the time this matter was conthe Convention what the Cornell endowment summated, to be, under an act of the Legislature, fund means. It appears that Mr. Cornell, very an adviser to the Comptroller of this State in my munificently, as I also am ready to affirm, offered official capacity. The facts are not exactly as are to donate five hundred thousand dollars to estab-stated by the gentleman from Rockland [Mr. Conlish a university. That fund of five hundred ger]. There is no dodge about it at all. The propthousand dollars, however, is no part or parcel osition was made by Mr. Corneli to give thirty of the Cornell endowment fund, as it is defined cents an acre, and put it directly into the treas

and the State, under these circumstances.

ury and take the lands and go on and locate and, tract which has been made between Mr. Cornell sell them, and of the proceeds the first thirty cents was to go into the treasury, and make, under the agreement, a part of the original land scrip fund.

Mr. CONGER-No, sir.

Mr. ALVORD-It is so. I speak of what I know. The agreement is perfect. It is so that it cannot, by any possibility, be controverted or denied, either privately or in the courts of justice in this State, that the avails of this land, sold to the amount of sixty cents per acre, forms the land scrip fund, and the Cornell endowment fund is this. Mr. Cornell went even beyond this. He made an agreement that he would go on and expend money for the purpose of locating these lands and putting them in the market for sale, and the proceeds, by way of profit over and above the sixty cents per acre, is also to go into the treasury and make the Cornell endowment fund. He cannot sell these lands (so the contract reads) without the permission of the commissioners of the land-office. They put a minimum price upon the land, and he has no right to put a price below that at all.

Mr. CHURCH-I would like to ask the gentleman from Onondaga [Mr. Alvord] to inform the Convention whether this minimum price has been fixed for the sale of the land by Mr. Cornell, or whether there has not been an arrangement made to sell the lands to a company who are to dispose of them for their own benefit?

Mr. MCDONALD-I would ask the gentleman whether, since 1863, when this land was granted, any body else than Mr. Cornell has made any attempt to get any portion of the lands except Genesee College, at the same time?

Mr. ALVORD-I say that others have undertaken to get the land.

Mr. McDONALD-I would like to know their names.

Here the gavel fell, Mr. Alvord's time having expired.

Mr. E. BROOKS-I have never had any skill in unraveling technicalities, and I never found my own mind more confused and complicated than when all gentlemen of the legal profession disagree in regard to important principles, whatever those principles may be. Now, here is a direct. disagreement as to the nature of the contract entered into between Mr. Cornell and the State officers, and also as to what is the effect or meaning of the act of the Legislature.

Mr. CONGER-The sixth subdivision of the contract between Mr. Cornell and the commissioners of the land-office

Mr. E. BROOKS-I cannot yield. I have but a moment in which to explain what I have to say. Now, it seems to me as plain as light, that all these funds, whether they be the land scrip fund or the Cornell endowment fund or Mr. Cornell's appropriation of money, are one and the Mr. ALVORD—No, sir. The gentleman has same thing. The law means and the purpose is got this matter mixed up in his mind with a dif- that all these funds shall be appropriated to benferent matter, and there is where the public, to aefit this university, and they cannot be appropricertain extent, have been deceived. These lands, ated for any other purpose. Now, sir, I know which Mr. Cornell has located, are pine lands ly-something of this university, and I speak with ing along the upper waters of one of the rivers in Wisconsin, the river Chippewa. Subsequent to that time there has been purchased at the falls of the Chippewa some few thousand acres, but that is a distinct matter, belonging not at all to this. That was done for the purpose of taking care of that water privilege, and making a way by means of which these pine lands above can be made available. This land, which has been located upon this government scrip, lies above the falls of the Chippewa, upon the head waters of that river, and is almost entirely pine land. Therefore, the gentleman, if he will take that solution of it, will be satisfied that there is no attempt to get up a company for the purpose of using and controlling these lands for personal profit.

some feeling in regard to it, and as one of its trustees. Twelve years ago, partly through my own instrumentality, twelve thousand dollars were appropriated by the Legislature as the beginning of an effort to establish a State agricultural college at Ovid. It failed because it was not properly endowed and sustained. Awhile after that, the Legislature agreed to give the entire benefits of the land scrip given by Congress to this State to the People's College at Havana, under the consideration or understanding that Senator Charles Cook should or would appropriate three hundred and fifty thousand dollars for the same purpose. In consideration of this liberal amount of money the Legislature agreed to give all the proceeds of this congressional fund to the People's College at Havana. This also failed, and because of the non-fulfillment of the contract or understanding on the part of the gentleman making the proposal to the State, and for want of the proper endowment of the institution such as has been made by Mr. Cornell for the Mr. CHURCH Then I would ask the gentle- Cornell University. The gentleman from Ontaman whether it is competent for the Legislature rio [Mr. McDonald] wished to ask the gentleman to take away from either of the parties their from Onondaga [Mr. Alvord] whether any other rights in the matter, and whether it is necessary institution had applied for that money except to incorporate this provision in the Constitu- the Cornell University and Genesee College. I

Mr. CHURCH—I would ask whether the gentleman does not know that the arrangement already made between Mr. Cornell and the State officers is binding upon both parties?

Mr. ALVORD-I do.

tion?

Mr. ALVORD-I can answer the gentleman in this way: There may be attempts, and there will be attempts made just so long as the Legislature exists, in order to try and get around this con

say yes, and that there are other institutions now seeking to defeat this provision in the Constitution in order that they may be able to secure a share of this congressional fund.

Mr. McDONALD-I asked whether any other

institution since 1863 had applied for a share of this money except the Cornell University and Genesee College.

The PRESIDENT-The gentleman from Rockland [Mr. Conger] will proceed.

Mr. CONGER-Now, Mr. President, I wish to Mr. E. BROOKS-These and others not only say in all sincerity that I have no desire, and desire to make application for this fund but will that the effect of the motion which I offered does make it. There is, first, the People's College at not militate in the least against the foundation Havana, to which I have alluded, which is anx-sought to be secured by the munificence of Mr. ious to get a share, though now not in its origi- Cornell, or his desire to advance this special nal hands. I was a trustee of that institution, branch of education, or the enjoyment of all his also, and I happen to know its trustees are seek-legally vested rights in this contract to do the ing to have this provision taken out of the pend- same. But I wish to show the Convention that ing section, in order that they may claim a share the terms of the contract stated by the gentleman of the benefits of the original congressional grant, from Onondaga [Mr. Alvord] requires some supalthough, as every body knows, that institution plementary statement to make it entirely correct. failed to comply with the terms exacted by the He said that it was a bona fide sale of the land Legislature when the grant was made to them. scrip for sixty cents an acre. The gentleman Now, it seems to me to be as clear as any thing who last addressed the Convention [Mr. E. can be, that this article, which has once been Brooks] and who is a trustee of the Cornell Unicarefully considered by this Convention, should versity, claims that Mr. Cornell did the same remain as it is. And it also seems to me that thing by securing the State sixty cents per acre we should desire to have one university in this for the land, instead of fifty cents. That is not State which will be the first university in the quite apparent if you are to understand that the State, and, if properly administered, the first, in fifty cent offer was cash, and that the sixty cent my judgment, in the country, If properly ad- plan (the modification of the original offer by the ministered, as it can be, with this splendid en-State officers) was only half cash, and that only dowment on the part of the Legislature and on one hundred thousand acres, if I remember the the part of the founder (I mean the endowment amount correctly, was to be taken at a time. of half a million of dollars by Mr. Cornell, and The gentleman allows nothing in his estimate for the proceeds from the sale of the public lands), it interest, or a lingering taking up of all this scrip, ought to be second to no institution in the world. perhaps for five years longer. The gentleman One word in regard to Mr. Cornell. To my cer- from Richmond [Mr. Curtis] differs from the tain knowledge he has had an offer of the entire gentleman from Onondaga [Mr. Alvord] in land scrip of the State of Ohio at fifty cents an his views of the transaction, both as to price acre, while he has secured for the land scrip of to be paid, and proper investment. Both, this State for the university bearing his name not however, seem to forget that by the terms less than sixty cents an acre. My friend from of this contract thirty cents was to go into the Orleans [Mr. Church] alluded to a private com- college land scrip fund, and then the other thirty pany. Mr. Cornell is, by the advice of the trus-cents was to go into the Cornell endowment tees, endeavoring to consummate a purpose by fund. I will read the sixth article. The gentlewhich these virgin lands, located upon this con- man, I see, shakes his head. gressional land scrip, will secure not fifty or sixty cents an acre, but ninety cents and a dollar an acre, and he hopes to do that

Here the gavel fell, the speaker's time having | expired.

Mr. CONGER-I move to amend the proposed instructions by inserting after the words "United States deposit fund" the words "and of the college land scrip fund."

Mr. CURTIS-I think the amendment offered by the gentleman has been passed upon already in the Convention.

Mr. E. BROOKS-I beg the pardon of the gentleman. I did not shake my head. [Laughter.]

Mr. CONGER-The gentleman from Onondaga [Mr. Alvord] shook his head. Here is the covenant. I appeal to the record; if I am in error I will be glad to take my seat, for this is the most unpleasant duty I have assumed since I have held a seat in this Convention. I am put, by the views I have entertained from the commencement of legislation by the State on this subject, and candidly advocated and openly avowed, and here in this Convention honestly to reiterate, in direct opposition to my agricultural friends who seem to regard this division of the funds justifiable, and the land proposed best calculated to Mr. CONGER-I presume not-that no such-build up the cause of agricultural education. I Mr. CURTIS-If I remember right, the amendment now offered is, in substance, the amendment proposed by the gentleman from Schuyler [Mr. A. Lawrence].

The PRESIDENT pro tem.-If such is the fact the amendment offered by the gentleman [Mr. Conger] is not in order.

The PRESIDENT pro tem.-That being stated as a fact the Chair will receive the statement until it is shown to be wrong, and rule the amendment out of order.

Mr. A. LAWRENCE-The gentleman from Richmond [Mr. Curtis] is mistaken. The amendment which I proposed was to strike out the words “to the support of the Cornell University."

would gladly agree with them, but I cannot violate the law of the land nor the trust that has been created.

Mr. E. BROOKS-It says that "the capital of the land scrip fund and the capital of the Cornell endowment fund shall be paid into the trea sury, and shall be preserved inviolate." Do not both these funds go together into the treasury for the benefit of the Cornell University?

Mr. CONGER-Yes, if the people on affirming this Constitution so declare, but no, if you look at the contract alone, and observe that only the endowment fund becomes the property of the

*

university. Still, on the main question remember that you make two funds where the act of Congress says you shall make one fund. This trust as reposed by Congress, you have solemnly accepted, and it is a trust which you are bound by. To make this branch of the subject clear, I will read the sixth article of this contract :

"That of the moneys arising from sales or leases made by the party of the second part, and paid into the treasury as herein provided, a proportion equal to thirty cents per acre shall be added, to form a part of the fund known and designated on the records of the Comptroller's office as the college land scrip fund; and the remainder shall constitute a separate and distinct fund, which shall be the property of the Cornell University, to be known as the Cornell endowment fund."

that proposition would create a shudder throughout this whole body. Is it any more monstrous to say that the income of a fund set apart by Congress for the purpose of general State instruction in agriculture and the mechanic arts should be forever applied in one direction, and committed to one institution, now only having a paper existence? I made a plea the other day for the benefit of those who wished to be instructed in the mechanic arts. As to this matter of agricultural education, it has been a failure pretty much wherever it has been tried, and will be a failure. in this country wherever it may be proposed to make a farmer's son go to a farmers' school for the purpose of getting a farmer's education. You would not even apply that principle to the son of any person engaged in any profession or business.

Mr. E. BROOKS-By the provisions of the act, if the gentleman will allow me to interrupt him, the mechanic arts are to be taught in the Cornell University.

look at it.

So that, when you apply your article in this Constitution as it must apply by the terms of this contract, you see that the Cornell endowment fund consists of thirty cents per acre, one-half of the amount for which the lands are actually sold; while the act of Congress says that the Mr. CONGER-I make no question that it is as whole amount shall go into the other fund. I at-proposed. I did not deny it to be the intention tempted a little while ago to show that there is to have the mechanic arts taught there. But another fund which does not go into the Here is a mechanic who resides in Constitution, because the amount has not the city of Rochester, where is the Rochester been paid into the treasury and that University, and another who resides in Schenecis the munificent foundation of $500,000 which tady, near Union College; again another in the Mr. Cornell has made. What its name is city of New York, where there are three colleges, I do not know. It is very clear that, by the and if any such wishes to get the benefit of this terms of this covenant, it does not go into the State fund for instruction in some branch of meCornell endowment fund. The Cornell endowment chanic arts, he is, forsooth, to be obliged to go to fund is a fund made up by this extra thirty cents Ithaca. I say that that restriction to one spot in per acre on the sales, and of the profits which this State is not in the furtherance of the great Mr. Cornell makes out of the sales, but it does trust in which every son of toil in one part of the not include one single stiver of the $500,000 State is as much interested as in another part of originally granted by him for the endowment. the State. When my friend from New York [Mr. Now, I do not mean to charge any unfairness or Larremore] spoke about this fund being divided duplicity in this matter. I suppose, from the up and given to academies, he forgets that the very nature of the case, the $500,000 fund has act of Congress requires that it shall be given to not and cannot be paid into the State treasury; if colleges, and that that act also provides that in it is not money, it is a bond secured by stocks. It addition to the agricultural and mechanic arts, is not money. The act of Congress provides there shall also be taught the ordinary branches nothing in regard to this part of the endowment of a classical education, not forgetting military of the university; it only declares that all the tactics, as the act reads. My only desire in this moneys arising from the sale of the scrip shall matter is to preserve the college land scrip fund go into the State treasury, and shall constitute just where the act of Congress left it. I take the one fund, to be preserved inviolate. Now, the admission of the gentleman from Onondaga [Mr. commissioners of the land-office, as I meant to Alvord] as proving the fact which I have here say the other day, actuated, doubtless, with the cited from the contract that this fund has been sincerest motives to carry out the acts of the divided, and that thirty cents per acre of the Legislature, divided the fund into two parts, not sales of it have gone into the college land scrip perceiving that this was a voluntary departure funds, and that the other thirty cents per acre by them from Mr. Cornell's original offer to secure have gone into the Cornell endowment fund. the entire scrip at half cash, and to locate at his convenience, and not seeing that the act of Congress required that the whole sixty cents an acre on the sales should go into one fund. Now, Mr. President, I said the other day that it was the duty of the Convention and of the State, as I am willing now to re-affirm, to secure all of this college land scrip fund as a separate fund, so that the proceeds therefrom might, from time to time, be under the control of the proper, legally constituted authorities of the State. If I were to make a proposition to this Convention that the income of the common school fund should be limited to all common schools now in existence,

Mr. ALVORD-I have no doubt that the gentleman from Rockland [Mr. Conger] honestly believes what he has stated is true in reference to this contract. It seems to me it is so long ago that he has given up the profession of the law and gone into farming that he cannot understand a common contract. The first provision is that Mr. Corneil shall pay thirty cents an acre of the amount received for this land-that he pays absolutely into the treasury-which makes up the college land scrip fund. And that is the beginning and the end of that part of the matter. Then, if you will come to the sixth provision of the agreement, which the gentleman speaks of,

it will be seen that, by the very terms of the | for the thirty cents an acre, and shall deposit agreement, that is in addition to and not the security for thirty cents more. When you come original thirty cents. I will read this section : to the disposition of the proceeds under the sixth "That of the moneys arising from the sales or section of the contract, it is just exactly as the leases made by the party of the second part and gentleman from Rockland [Mr. Conger] read. paid into the State treasury, as herein provided, Mr. MURPHY-I would ask the gentleman to a proportion equal to thirty cents per acre shall read the sixth section of the second contract. be added" [this is not the fund until he pays Mr. McDONALD-The gentleman [Mr. Conthirty cents] "to form a part of the fund known ger] read it in the course of his remarks. My and designated in the records of the Comptrol-time is too limited to read it again. That fund ler's office as the college land scrip fund." has been in the hands of the Legislature since The original thirty cents paid into the State | 1863, and nobody but Mr. Cornell has applied for treasury makes the college land scrip fund, and it. Does that afford any evidence that any other the profits resulting from the operations are to college wishes or will seek it? I submit it does be paid into the treasury in this wise: first, the not. According to their own figures this fund additional thirty cents, which goes into and adds amounts to three millions of dollars. I believe it to the volume of the college land scrip fund, will be much more. By this provision it is promaking sixty cents, and after that shall have posed to tie up this large sum for twenty years been done, there then remains the profits of this in the Constitution, with, no power, either on the land sold under a minimum price to be fixed by part of the State, or on the part of. Mr. Cornell, or the government officers. We have then a mini- elsewhere, to take it away from this institution, mum price upon the land, and the profits over and in case the public interest, from any cause, deabove the sixty cents makes the Cornell endow-mands it. One of the arguments used when this ment fund. The law of the State authorizes the fund was granted to the use of the "Cornell Comptroller to sell it at thirty cents to Mr. Cor- University" was that the grant was by legislanell, with the understanding that the profits tive act, which the Legislature might repeal at arising from the sale, over and above thirty cents any time in case the university should fail to in addition, should go into the treasury. Mr. carry out the purposes for which the grant was Cornell did even better than that. He took it at made, or should not require all the fund. Now, thirty cents, and he made an agreement with it is proposed to take away this power of the the Comptroller of the State that he would Legislature to regulate the matter. I am oppay, besides the original thirty cents, the posed to thus tying up this fund in the Constituthirty cents of profits first arising out of the sale, tion. I would be content if it were restricted to making sixty cents, and that whatever he should a certain object, but believe it impolitic to thus realize over and above that should go into the Cornell endowment fund. The gentleman takes occasion to cast an imputation indirectly upon Mr. Cornell in reference to the $500,000, which he says does not go into the State treasury. That $500,000 was the original endowment by Mr. Cornell, and the State has nothing to do with it. It is in the hands of the trustees of the Cornell University, where it should be. It is outside of any connection whatever with the State. The subsequent operation was an operation by means of which this land scrip, or the avails of it, coming to the State of New York in compliance with the act of Congress, was appropriated to the carrying forward of the objects of this university, and the purposes and objects of the act of Congress in making the grant. No gentleman, I think, if he will look carefully at this matter, will fail to see that the sixty cents realized from the sale of this land goes into the land scrip fund, notwithstanding the different conclusions of the gentleman from Rockland [Mr. Conger], which he has arrived at by looking cross-ways at the subject.

tie it up to any institution. I will guaranty that as long as the Cornell University is a success and needs this money, there will be no attempt to get it away from it. This I claim is evident from the fact that in five years no college has ever applied to the Legislature for this fund except the Cornell University and Genesee College. They simply ask that it be left where it is. By so doing it will be just as useful, and will not be permanently bound up in the fate of any one instistution. With this the colleges of our State would be content. But after they have borne the brunt of the battle-after, through hard' labor on their part and the part of their friends, they have educated the people of the State and have shown by their fruits the results of their labor, it should hardly be expected of them that they would quietly consent that this great fund should not only be given to a new aspirant that has done nothing, but has every thing in expectancy, but that it should be thus guarantied as a perpetuity by a constitutional act.

Mr. AXTELL-I move the previous question on the article.

The question was put on the motion of Mr. Axtell ordering the previous question, and it was declared carried.

Mr. McDONALD-With regard to the statement of the gentleman from Onondaga [Mr. Alvord] I will say that there are two contracts. The last contract was substituted for the first. It The question was then put on the amendment was passed September, 1866, and that contract offered by Mr. Conger, and it was declared lost. takes the place of the other. By that contract, The PRESIDENT pro tem. then announced the there is not a word said in regard to price except question on the resolution of instructions offered in the first clause, which provides, just as the by Mr. Church, to substitute article 9 of the other did, that the land scrip shall be delivered, present Constitution in place of the article. but instead of paying the money it is provided Mr. HITCHCOCK-I call for the ayes and that Mr. Cornell shall give a note well secured noes.