tain them without such a provision, for no father would incur the
expense of sending a son to one of these institutions for the sole
purpose of making him a scientific farmer or mechanic. The bill itself
negatives this idea, and declares that their object is "to promote the
liberal and practical education of the industrial classes in the several
pursuits and professions of life." This certainly ought to be the
case. In this view of the subject it would be far better, if such an
appropriation of land must be made to institutions of learning in
the several States, to apply it directly to the establishment of
professorships of agriculture and the mechanic arts in existing
colleges, without the intervention of the State legislatures. It would
be difficult to foresee how these legislatures will manage this fund.
Each Representative in Congress for whose district the proportion of
20,000 acres has been granted will probably insist that the proceeds
shall be expended within its limits. There will undoubtedly be a
struggle between different localities in each State concerning the
division of the gift, which may end in disappointing the hopes of the
true friends of agriculture. For this state of things we are without
remedy. Not so in regard to State colleges. We might grant land to these
corporations to establish agricultural and mechanical professorships,
and should they fail to comply with the conditions on which they
accepted the grant we might enforce specific performance of these
before the ordinary courts of justice.

6. But does Congress possess the power under the Constitution to make a
donation of public lands to the different States of the Union to provide
colleges for the purpose of educating their own people?

I presume the general proposition is undeniable that Congress does not
possess the power to appropriate money in the Treasury, raised by taxes
on the people of the United States, for the purpose of educating the
people of the respective States. It will not be pretended that any such
power is to be found among the specific powers granted to Congress nor
that "it is necessary and proper for carrying into execution" any one of
these powers. Should Congress exercise such a power, this would be to
break down the barriers which have been so carefully constructed in the
Constitution to separate Federal from State authority. We should then
not only "lay and collect taxes, duties, imposts, and excises" for
Federal pur