ing such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may be hereafter held by the State for educational purposes."

The policy of this exception has been criticised, but no action has been had, or is in prospect for further action, and the relation of these institutions to the State remains as before.

CHAPTER IV.

LITERATURE FUNDS.

The control of a fund for the promotion of literature, with power to regulate its distribution upon compliance with rules, has undoubtedly been the principal agency by which the Regents of the University have been enabled to secure a successful management of the academic institutions of the State. A beginning had been made for the formation of a fund for this purpose, before the Board of Regents in its present form was created.

By an act passed May 10, 1784, and intended to apply to all the unappropriated lands belonging to the State, the Board of Commissioners of the Land Office was created, and empowered to lay out the land into townships six miles square, and in each of these a lot of three, hundred acres was reserved for the use of a minister of the gospel, and one of six hundred and ninety acres for a school or schools.

This was followed by another act passed May 5, 1786," "for the speedy sale of the unappropriated lands of the State," in which the Commissioners of the Land Office were to cause one lot to be marked by the Surveyor-General "Gospel and Schools," and one other lot "for Promoting Literature." The former was reserved for the objects mentioned, within the township, and has since formed the basis of various local school funds, and the first help in the erection of churches; the other was reserved to the people of the State, to be afterward applied as the Legislature might direct, for the promotion of literature within the State."

1 Common School Report, 1874, p. 55.

2 Chap. 67, 9th Sess. (folio), p. 129.

3 Under this act, the townships were to be ten miles square, and the Ten Towns of the St. Lawrence were laid out under its provisions. The lots were one mile square.

In the creation of the Board of Regents, no funds were assigned to their control, although the intention of placing means at their disposal was plainly expressed. The reservations proposed in this were for many years unproductive, and were afterward disposed of by the Legislature by special acts. The want of means for rendering their operations effective was felt from the beginning, and the subsequent creation of a Literature Fund, subject to the control of the Regents, was undoubtedly due to the representations which they made, and the influence which they controlled.

In their second annual report, dated December 27, 1788, after noticing the flourishing condition of the College and the two Academies then under their care, they added:

"But whilst we thus express our satisfaction at the circumstances already enumerated, we cannot but lament the existence of others which have a direct tendency to check the progress of science, and in some measure to defeat the ends of our institution.

"As the education of youth and culture of learning are connected with the improvement of Useful Arts, and nourish both the disposition and abilities requisite for the defense of Freedom and rational Government, so they have been esteemed in every civilized country as objects of the highest importance. In our State it was evidently intended that the University should possess and exercise a general superintendence over all literary establishments which might be found among us, and that it should direct the system in such a manner as would conduce to the harmony and interest of the whole. In the course of our duty we have seen with regret, that several of the literary establishments in this State are destitute of funds for their support, and involved in debt or dependent on private bounty; that even Columbia College is in such a situation as to want a Library and proper Mathematical apparatus, and that a number of the youth belonging to our State are from these circumstances induced to finish their education at other Colleges, in preference to the one established among us.

"These we consider as evils of a serious nature, and if it was in our power, we should endeavor to rescue the seats of learning from a situation which circumscribes their utility and renders their duration limited or precarious. Our attention would naturally extend, not only to subsisting literary corporations, but to the erection of Academies in every part of the State; and it is obvious that the most important purposes might be attained by affording timely assistance to infant seminaries, which must otherwise languish for a time, and perhaps finally perish. But unfortunately the University is unprovided with the incans even to pay the contingent expenses arising from the immediate duties which the Legislature has prescribed.

"In this situation we trust that it will not be deemed improper to suggest, that the land belonging to the State at Crown Point, Ti

conderoga, and Fort George, contribute in a very trifling degree, if at all, to the public revenues, but would with careful management afford an income to the University, which might be appropriated from time to time to the most salutary purposes. We have the highest confidence in the wisdom of the Legislature, and their disposition to encourage those institutions upon which the happiness of a Republican Government in some measure depends, and, therefore, we hope that they will grant the lands above mentioned to the University, upon such conditions as may be judged expedient, and make such further provision for the support of learning as shall appear to be proper."

In their report for the next year, the Regents repeated in substance their former recommendation of the general importance of encouraging literature by the aid of funds, and quoting from the first annual message of President Washington, delivered a few days before, they add, that "knowledge is in every country the surest basis of public happiness, and in our own most essential to the common prosperity.

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"Under these impressions we trust that the rulers of our country will think a part of the public property cannot be better employed than in removing those disadvantages to which learning is at present exposed, and enabling us to guard against their existence in future.

"We feel the greater anxiety on the present occasion because we are convinced that the public liberality would be productive of the most happy effects. Even under all the difficulties arising from existing circumstances, we have received applications for the incorporation of Academies in the counties of Westchester and Orange."

2

These recommendations led to the passage of an act, March 31, 1790, entitled "An act for the further Encouragement of Literature," which vested the title of lands at Crown Point, Ticonderoga and Fort George, and of Governor's Island in New York harbor,*

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1 North Salem Academy and Farmers' Hall at Goshen.

2 Chap. 38, Laws of 13th Sess. (folio), p. 31.

3 Chap. 28, 25th Sess. 1802.

Nut

4 This island in New York Harbor was known in Colonial times as Island," or "Nutten Island," and was held for the Governor's use. By an act passed March 29, 1784, its name was changed to "Governor's Island," and it was continued for the Governor's use until otherwise disposed of by the Legislature. By an act passed March 31, 1790, for the encouragement of literature, this island was (with other lands forming military reservations upon Lake George and Lake Champlain) granted to the Regents, unless needed for military purposes, and the same day a committee was appointed by the Board, consisting

in the Regents of the University, the rents, issues and profits of which were to be applied for the better advancement of science in the College, and in the Academies then or thereafter incorporated, as would best answer the ends of their institution, and the true intent and meaning of this act, but reserving right of re-entry in case they might be needed for the public defense. For present use, and in addition to this grant, the Regents received £1,000, to be applied as they might direct.

The grant at the south end of Lake George being found to interfere with other grants of prior date, a tract of 1,724 acres on the east side of the lake, and adjoining, was given April 3, 1802,' and the former grant, so far as not included in this, was declared void. The Regents were empowered to convey these lands, and those at Ticonderoga and Crown Point, to Columbia and Union Colleges, in such proportions as they might deem reasonable and just.

RESERVATIONS FOR EDUCATIONAL PURPOSES IN THE MILITARY TRACT.

A tract of ten townships in the northern part of the State, now of General Schuyler, Mr. L'Hommedieu and Mr. Benson, to prepare a plan for the management and disposal of these lands.

On the 7th of April, 1790, this committee reported as to Governor's Island as follows:

“That a committee be appointed and authorized to enter into contracts with any person or persons who may be willing to take a lease or leases of Governor's Island, on such terms and conditions and in such manner as the committee shall deem proper, so as no such lease shall be for a longer term than twenty-one years, and so as said island shall not be leased in more than two parcels, and the leases shall in other respects be conformable to an act of the Legislature granting the said island to this corporation."

This report was agreed to, and Mr. Verplanck, Mr. Clarkson and Mr. Benson were appointed a committee for carrying this plan into effect.

On the 2d of August of that year, Mr. Verplanck reported from this committee that in consequence of a sale at public auction the committee had entered into a contract with John Price, that the Regents would lease the said island to him for the term of twenty-one years, from the 4th day of May previous, at an annual rent of ninety-three pounds ($232.50), without any deduction for taxes. This being confirmed, leases were ordered to be prepared and sealed in duplicate, one for each party. A charge of £9 11s. for expenses of the transaction, was allowed and paid.

On the 26th of March, 1794, commissioners were appointed for erecting fortifications in New York Harbor, and works were commenced upon Governor's Island. The title of the Regents became void by this proceeding. The island has from that period been exclusively devoted to military purposes, excepting that from 1794 to 1797 the Quarantine was located upon it. Jurisdiction was ceded to the United States February 15, 1800, with "Fort Jay" then partly erected upon it. Chap. 25, Laws of 1802.

included in Franklin, Clinton and Essex counties, was granted without reservations for educational purposes, May 5, 1786. This being found undesirable, another tract of 1,680,000 acres in the present counties of Cayuga, Cortland, Onondaga, Oswego, Schuyler, Seneca, Tompkins and Wayne was granted in lieu of it, and in this six lots in each township were reserved as follows: One for the promoting of the gospel and a public school or schools; one for promoting literature in the State, and the other four to equalize the shares of claimants under the bounty act.

Under an act passed April 11, 1796, the Supervisors of Onondaga county (then including the whole of this tract), were authorized to designate one lot in each township for the promotion of literature, and on the 28th of September of that year they certified the following as reserved for this use:

9. Marcellus 10. Pompey 11. Romulus. 12. Scipio ... 13. Sempronius

14. Tully...

69 28. Sterling (not laid out into lots)

On the 13th of March, 1809, under an act passed April 11, 1808, they designated lot 88, in Sterling, as a literature lot.

These and other reservations laid the foundation of land-grants, made to separate institutions, and were sold and invested as a Literature Fund as follows:

Military Tract.- The literature lots in townships 7, 8, 9, 10, 11, 12, 15, 16, 17 and 20, granted to Union College.

Township 13, lot 25, given to Oxford Academy by chapter 112, Laws of 1800.

Township 5, lot 15, given to Pompey Academy by chapter 119, Laws of 1813.

Township 3, lot 89, given to Cayuga Academy by chapter 71, Laws of 1814.