creed. You will have to ask Senator Mead, he wants to help every child. Senator DONNELL. In other words, when the bill left your hands you not only had no provision for a trusteeship but you had no provision in title II where public funds could be used for nonpublic schools? Miss BORCHARDT. I want to make it very clear that I saw that provision in it, before the bill was introduced at the request of the American Federation of Labor, and with full knowledge as to its contents, I cooperated with Senator Mead and Senator Aiken, who on behalf of labor, introduced the bill. Senator DONNELL. You did not think it was necessary to insert in title II, by which $300,000,000 is appropriated, that part of that could be used for private schools? Miss BORCHARDT. I did not at first, because I thought all services were provided in title III. We did not differ in intent but on language. Senator DONNELL. Did you offer in evidence the news letter of March 13? Miss BORCHARDT. No; but I will be very glad to do so. It is reprinted in there, but I will introduce it at this point. Senator DONNELL. Just one other question, and I think I have finished for the present, and that is this: The membership of the American Federation of Teachers is about 40,000? Miss BORCHARDT. So Mr. Kuenzli has testified. Senator DONNELL. Is that your understanding? Miss BORCHARDT. My impression was that it was slightly larger, but he informs me that the number of persons in the armed forces has decreased the membership. Senator DONNELL. And the National Education Association has something upward of 300,000? Miss BORCHARDT. But ours is a voluntary membership. Senator DONNELL. I said the National Education Association has upward of 300,000? Miss BORCHARDT. I do not know. Senator DONNELL. And you know that NEA favors S. 181? Senator DONNELL. And your organization favors S. 717? Senator DONNELL. And the National Education Association, at least in point of numbers, is several times larger than the American Federation of Teachers? Miss BORCHARDT. I can only repeat Mr. Kuenzli's testimony that our organization is the largest voluntary teachers' organization. Senator DONNELL. You understood my question, Miss Borchardt? Miss BORCHARDT. On the question of numbers? Senator DONNELL. Yes. Miss BORCHARDT. Unquestionably, it is numerically a much larger organization, and I should like to add, if I may, that within a very large number of States in the Union membership in the National Education Association is required as a condition for teaching. Contracts so require it. But ours is a voluntary membership. Senator DONNELL. I should like to offer the article from the New York Post in its entirety. Senator CHAVEZ. Very well. Senator DONNELL. The opening paragraph reads: A bill to give Federal aid to education has been introduced by Senator Mead. of New York, and Senator Aiken, of Vermont. This bill threatens to destroy State control of education and to undermine our democratic system of free publicschools. That will be exhibit B. (The newspaper article referred to was marked "Exhibit B.") Senator DONNELL. That is all. (The following statement was submitted for the record:) STATEMENT OF SENATOR FORREST C. DONNELL Honorable JAMES E. MURRAY, AUGUST 15, 1945 Chairman, Committee on Education and Labor, United States Senate, Washington, D. C. DEAR SENATOR MURRAY: In the hearing held on April 26, 1945, certain references were made by me, in cross examination of Miss Selma A. Borchardt, to the Ordinance of 1785 and the Ordinance of 1787, the purchase of certain lands by the Ohio Company, the purchase of certain lands by John Cleves Symmes and various matters related to said Ordinances, purchases or lands. In the course of said cross examination I made reference to the sentence reading "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." as being contained in the Ordinance of 1785; and, immediately following Miss Borchardt's response to the question asked of her next after quoting said sentence, I made the statement "That is the one two years before this deal was made in which these two lots that I am going to refer to -". Again, after quoting the language "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall be forever encouraged.", I said: "They were not the effective words and had nothing to do with the effective words which gave Lots 16 and 29 for the respective purposes testified to, and in the second place, Lots 16 and 29 transaction to the Ohio Company and to Symmes were bargains which were made, at least in part, by the necessities of the case, the nedd [need] of Congress for cash; and, in the third place, never again, according to these authors, has the Federal Government ever given land for religion except in those two cases." I was in error in making reference, as being contained in the Ordinance of 1785, to the sentence reading "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." I request that the sentence above set forth, included in and a part of which are the words and figures "They were not the effective words and had nothing to do with the effective words which gave Lots 16 and 29" and the concluding words of which sentence are "in those two cases", be treated as if said sentence were withdrawn and that there be set forth in the published record of the Committee on Education and Labor (a) this letter and (b) the statement which accompanies this letter. Very truly yours, FORREST C. DONNELL HISTORICAL STATEMENT CONCERNING EVENTS RELATING TO LAND IN THE WESTERN TERRITORY 1 SEC. 1. "By the treaty of Paris in 1763 the Mississippi River was made the boundary between the British and Spanish possessions in North America. When 1 This historical statement is, except in instances where the context indicates the draw ing of an interpretation or conclusion, not intended to interpret the facts or quotations in said statement set forth. Dr. Marjorie Shearon, Research Analyst, Conference of the Minority of the United States Senate, by whom has been rendered invaluable service in research and in connection with the preparation of said statement, contemplates preparing an interpretative study relative to the matters set forth in said statement.— FORREST C. DONNELL, a United States Senator from Missouri. the United States gained their independence, the same river marked the western limit of their territory. None of the land was public domain. The individual States claimed the entire western country under various and conflicting titles. To the region west of Pennsylvania and north of the Ohio River, Virginia, Connecticut, New York, and Massachusetts asserted their title by virtue of charters, grants, and purchases. Before the war of the Revolution had closed, it was felt by the statesmen of the country that the welfare of the whole people would be promoted if the individual States should cede to Congress this vast unsettled region, to be used as a resource for the payment of the war debt. Congress, in September, 1780, adopted resolutions setting forth the desirability of this step, and invited the States to make the cessions." 7 2 "At the close of the Revolutionary War, the new nation found itself in possession of the territory lying east of the Mississippi, south of the Great Lakes and north of the thirty-first parallel, the present northern boundary of Florida. To the northeast there was some vagueness as to boundary, likewise to the northwest, but the general outline of this district was never essentially different from its present form." 3 SEC. 2. Writing to the Secret Committee Silas Deane, who had been appointed by the Continental Congress secret agent to France,' wrote in part as follows: "Paris, 1st December, 1776. "Gentlemen: Among the many important objects which employ your whole attention, I presume ways and means for defraying the expense of the present war, has a capital place; "I trace the river Ohio from its junction to its head; thence north to Lake Erie, on the south and west of that lake to Fort Detroit, which is in the latitude of Boston; thence a west course to the Mississippi, and return to the place of my departure. These three lines, of near one thousand miles each, include an immense territory, in a fine climate, well watered, and by accounts exceeding fertile; it is not inhabited by any Europeans of consequence, and the tribes of Indians are inconsiderable, and will decrease faster than the lands can possibly be called for, for cultivation. To this I ask your attention, as a resource amply adequate, under proper regulations, for defraying the whole expense of the war, and the sums necessary to be given the Indians in purchase of the native right. But to give this land value, inhabitants are necessary." SEC. 3. Evidently referring to a period in or about 1780 and 1781, Edmund Cody Burnett says: "In this same period there had been discussion also of that possible source of funds on which longing eyes were always cast whenever Continental finances came under consideration, namely the unlocated lands."" SEC. 4. On September 6, 1780, Congress agreed to a report a part of which is as follows, namely: "That your committee conceive it unnecessary to examine into the merits. or the policy of the instructions or declaration of the General Assembly of Maryland or of the remonstrance of the General Assembly of Virginia, especially involvin[g] questions a discussion of which was declined on mature consideration when the articles of confederation were debated: nor in the opinion of your committee can such questions be now revived with any prospect of conciliation. "It appears to your committee more advisable to press upon those States, which can remove the embarrassment respecting the western country, a liberal surrender of a portion of their territorial claims, since they cannot be preserved entire without endangering the stability of the general confederacy: To remind them how indispensably necessary it is to establish the foederal union on a fixed and permanent basis and on principles acceptable to all its respective members; how essential to public credit and confidence, to the support of our army, to the vigour of our councils and the success of our measures, to our tranquility at home and our reput[a]tion abroad, to our present safety and future prosperity, to our very existence as a free, sovereign and inde. pendent people. 2 Knight, George W., History and Management of Land Grants for Education in the Northwest Territory (1885), Papers of the American Historical Association. I, No. 3, 7. Hibbard. Benjamin Horace, A History of the Public Land Policies (1924), 7, 8. The National Cyclopædia of American Biography (1904), vol. XII, 357. American Archives (1853), fifth series, vol. III, 1019-1021. The Continental Congress (1941), 480. "In these expectations your committee are confirmed by a review of the be forementioned act of the legislature of New York submitted to their consideration. This act is expressly calculated to accelerate the foederal alliance by removing as far as it depends on that State the impediment arising from the western country and for that purpose to yield up a portion of Teritorial Claim[s?] for the general benefit, "Upon the whole your committee recommend that copies of the several papers referred to the[m?] be transmitted with a copy of this report to the legislatures of the several States and that it be earnestly recommended to those States who have claims to the western Country to pass such laws & give their delega[tes?] in Congress such powers as may effectually remove the af[?] obstacle to a final ratification [of?] the articles of confederation. And your come furthe recommended that the legislature of Maryl[an]d be earnestly requested to authorise their delegates in Congress to subscribe the said articles:"" SEC. 5. On October 10, 1780, Congress resolved "That the unappropriated Lands that may be ceded or relinquished to the United States by any particular States pursuant to the recommendation of Congress of the 6th day of Sep" last shall be disposed of for the common benefit of the United States "And be settled and formed into distinct Republican States which shall become members of the Foederal Union, and have the Same Rights of Sovereignty Freedom and Independence as the other States. "That each State which shall be so formed shall contain a suitable Extent of Territory not less than one hundred, nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit. "That the necessary & reasonable expences which any particular State shall have incurred since the commencement of the present war in subduing any of the British Posts or in maintaining Forts or Garrisons within & for the defence, or in acquiring any part of the Territory that may be ceded or relinquished to the United States shall be reimbursed. That the said Lands shall be granted and settled at such times and under such regulations as shall hereafter be agreed on by the United States in Congress assembled or any nine, or more of them." 998 SEC. 6. The concluding sentence of Chapter I of Payson Jackson Treat's The National Land System 1785-1820 (1910) reads: "But before any of the cessions were completed a discussion had arisen as to the proper disposition of the new domain."" Next following said chapter is a table, entitled "CESSIONS OF WESTERN LANDS", in which the dates range from February 19, 1780, to June 16, 1802, both inclusive." Continuing in Chapter II Dr. Treat says: 11 "The acquisition of the public domain made possible a national system, and Congress was called upon to regulate the disposal of the western lands. The discussions of the past few years had revealed a general agreement of opinion as to the policy which should control the land system. The lands were considered primarily as a source of revenue, and Congress was expected to so provide that the lands would serve to relieve the financial burdens of the struggling nation." SEC. 7. By the signature and ratification, by two delegates for the State of Maryland, of the Articles of Confederation on March 1, 1781, "the Confederation of the United States of America was completed"." Under the Articles of Confederation, the Continental Congress "had no power to lay either direct or indirect taxes".13 SEC. 8. "The year 1781 found the American cause in a desperate situation. The Continental money was worthless; the soldiers were in rags." 14 "The finances of the country seemed to have reached their lowest ebb." 15 16 SEC. 9. The surrender of Cornwallis at Yorktown occurred on October 19, 1781. "Yorktown put an end to the British attempt to subdue the American rebellion." 7 Papers C. C., No. 20, II, folio 225. See also J. C. C., XVII, 806 and ff. $ Papers C. C., No. 20, II, folios 245-246. Page 13. 10 Page 14. 11 Page 15. See also J. C. C., XVIII, 915. 12 J. C. C.. XIX, 213, 214. See also McLaughlin, Andrew C., A Constitutional History of the United States (1936), 124. 13 Hart, Albert Bushnell, Formation of the Union, 1750-1829 (1910), 109. 14 Muzzey, David Saville, A History of Our Country (1943), 152. 15 Hart, op. cit., 103. 16 Hart, op. cit., 88. 17 Muzzey, op. cit., 154. SEC. 10. On September 4, 1782, a grand committee, consisting of a member from each State reported "That it is their opinion, that the Western Lands, if ceded to the U. S., might contribute towards a Fund, for paying the debts of these States." 18 SEC. 11. On November 30, 1782, Provisional Articles, between the commissioner of His Britannic Majesty in behalf of his said Majesty, on the one part, and four of the commissioners of the United States of America, on their behalf, on the other part, were concluded." "This preliminary treaty gave to the United States the boundaries of the Great Lakes and the Mississippi." 20 SEC. 12. Under date of April 7, 1783, Colonel Timothy Pickering wrote, in a letter, of a "new plan" which Colonel Pickering stated "is in contemplation" and described it as "no less than forming a new State westward of the Ohio." " Colonel Pickering stated that "--- a plan is digesting for the purpose." and that “Enclosed is a rough draught of some propositions respecting it 23 In the course of said propositions appears (next following six propositions relating to proposed purchase and assignments of lands to the army etc.) the below quoted paragraph, namely: 1122 "7. These rights being secured, all the surplus lands shall be the common property of the State, and disposed of for the common good; as for laying out roads, building bridges, erecting public buildings, establishing schools and academies, defraying the expenses of government, and other public uses." 24 SEC. 13. On April 18, 1783, it was resolved, inter alia, in the Continental Congress, by nine states as follows: "That as a further mean as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States, it be recommended to the states which have passed no acts towards complying with the resolutions of Congress of the 6th September and 10th October, 1780, relative to the cession of territorial claims, to make the liberal cessions therein recommended, and to the states which may have passed acts complying with the said resolutions in part only, to revise and compleat such compliance." 25 SEC. 14. Under date of April 22, 1783, John Armstrong wrote to Washington, as follows: "The highest matter of national concern, in my opinion, is the preservation and regular settlement of the western country. That country, in a certain ratio, is equally the property of every state in the union; and, if properly guarded from avaricious claimants and vagrants, may, at a very moderate price, in process of time, be sold out to a large amount indeed. It is also, under proper government, a solid fund for the security or discharge of national debt, and good titles there must induce the emigration of men of character and wealth from foreign parts." 26 SEC. 15. A motion was made on June 5, 1783, by Theodorick Bland in the Con tinental Congress, and was referred to the Grand Committee of 30 May, 1783, in the course of which motion are (a) a resolution reading as follows, namely, "Resolved therefore that Congress will and do hereby accept the Cession of Territory made to the U. S. by the Act of the Assembly of Virginia bearing date the . . . . day of . . . . 178, on the terms therein stipulated-except so far as relates to a specific guarantee of the remaining Territory reserved by the said State_" and (b) a resolution reading in part as follows, namely, "Resolved, that, if the aforesaid acceptance shall be agreeable, to the said state and they shall be willing to withdraw the said stipulation; and if the consent and approbation of the Army of the United states shall be signified to the following act of the United States in Congress assembled then and in that case" a certain ordinance (which is set forth in the motion) "shall begin to take effect and be in full force for all and every the purposes therein Mentioned ". Part of said ordinance reads as follows, namely: "It is hereby ordained by the United States in Congress assembled that in lieu of the Commutation for the half Pay of the Army, and in lieu of the arrearages due to the officers and soldiers of the Armies of the United states___and of 18 Papers C. C. No. 26, folio 354. See also J. C. C., XXIII, 545. 10 Treaties and Conventions Concluded between the United States of America and other Powers since July 4, 1776 (1889), 370–373. 20 Hicks, John D., The Federal Union (copyright 1937), 159. 21 Pickering, Octavius, The Life of Timothy Pickering (1867), vol. I, 457. 22 Thid.. 457. 23 Pickering, op. cit., I, Appendix III, 546-549. 24 Pickering, op. cit., I, Appendix III, 548. 25 Papers C. C., No. 26, folios 415-417. J. C. C., XXIV, 259, 261. 20 Bancroft, George. History of the Formation of the Constitution of the United States of America (1882), vol. I, 308, Appendix. |