Page images
PDF
EPUB

may be embraced in these amendments. This section, if enacted into a law, would give to the town of Centreville the power to extend or curtail its boundaries at will-to contravene the general laws of the State by its ordinance, and to engage in enterprises entirely incompatible with the character and design of such corporations.

It surely cannot be the intention of the General Assembly, or the policy of the State to confer upon any municipal corporation such unlimited powers as would be granted by the eleventh section of this bill. JAMES W. GRIMES.

TO THE SENATE

JANUARY 17, 1857

From the Journal of the Senate, p. 351

EXECUTIVE OFFICE, January 17th, 1857.

To the President of the Senate:

Sir-The eleventh section of the bill entitled "An act to amend the charter of the city of Council Bluffs," (which I herewith return without approval), provides that "warrants may be issued for the violation of ordinances, by-laws, rules and regulations of said city, without being predicated or based upon affidavit." The terms are general, and include warrants for all purposes, whether issued for the person, for search or for seizure. The fourth article of amendment to the Constitution of the United States, declares that "no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." The

eighth article of the Bill of Rights of the State of Iowa, declares that "no warrant shall issue but on probable cause, supported by oath or affirmation." The section under consideration is manifestly in violation of both of these constitutional provisions. It is therefore returned without my approval.

Your Obt. Serv't.,

JAMES W. GRIMES.

TO THE HOUSE OF REPRESENTATIVES

JANUARY 23, 1857

From the Journal of the House of Representatives, p. 431

EXECUTIVE OFFICE, IOWA CITY, January 23d, 1857. To the Speaker of the House of Representatives:

I herewith return to the House of Representatives, where it originated, a bill entitled,

"An act for the relief of the Medical Department of the State University."

This bill proposes to grant the sum of five thousand dollars, arising from the interest of the University Fund of the State, to the College of Physicians and Surgeons at Keokuk; provided a similar sum shall be raised by private contribu tions and devoted to the same purpose. Believing that such appropriation would be an unwarrantable diversion of the fund, and a virtual violation of the law of Congress, granting the land to the State, from which the fund was derived, I am reluctantly constrained to withhold my assent to the bill.

The act of Congress of the 20th July, 1840, granted a "quantity of land not exceeding two entire townships, for the use and support of a University within the said territory when it becomes a State, and for no other use or purpose whatever.

What was meant by the words "a University?" I understand the word "University" to be a technical term as applied to college or school. Webster defines it to be "An assemblage of colleges established in any place, with persons for instructing students in the sciences and other branches of learning, and where degrees are conferred." In Rees' Encyclopedia it is called "A collective term as applied to an assemblage of several colleges established in a city or town, in which are professors in the several sciences, appointed to teach them to students." This definition surely cannot apply to colleges scattered through several cities and towns remote from each other; and the college of Physicians and Surgeons at Keokuk cannot be a component part of "an assemblage of colleges established in any one place," which are required, according to Webster, to make up a University.

I cannot believe that it was the intention of Congress to create a fund which was to be appropriated to the support of various professional schools throughout the State, nor do I believe it the policy of the State to make such appropriations, if the power existed.

So far as I know, it has not been the policy of any State to furnish young men with professional educations, but simply to prepare them to commence their professional training in schools supported by matriculating fees and pri vate endowments.

Our ideas of a University, are, doubtless, in a great measure derived from the celebrated Universities of Oxford and Cambridge, in England. They were founded in the 13th century, and are the oldest institutions of the kind in Europe. Each is an assemblage of several distinct college organizations, where literature and the sciences are taught, and all are united under a federal government with a ViceChancellor at the head.

The object of these institutions is to furnish to every student such knowledge of the languages and sciences as to enable him, if he please, to enter upon the technical study of a profession with advantage. But they do not furnish that technical knowledge at the University.

One of the colleges at Oxford supports what is called a reader in anatomy, and another a reader in chemistry. Every student can thus acquaint himself with the general principles of anatomy, physiology, and chemistry, but no one can then graduate as a medical practitioner. Each University supports a professor of law, whose lectures students are permitted to attend; but there is no lawyer in England, who after graduation, has not been entered at one of the inns of court in London, and has not regularly pursued his profession there.

Doubtless the grantors expected, and the people of the state have a right to expect that the University of Iowa shall be established upon the same general principles.

They have a right to expect that the University shall furish the ground-work of education that is important to the successful prosecution of every trade and profession in life. They expect this education to be universal in its character

and application, A knowledge of the structure of the human frame, and of the general principles of chemistry, botany and physiology, are important not to the medical practitioner alone. No man can be regarded as educated without this knowledge. But it should be obtained at the University, whilst pursuing the regular course of instruction; and students should not be compelled to migrate to a distant part of the State for that purpose. So too, is a knowledge of the fundamental principles of our constitution and laws necessary to a respectable education of every student, but to acquire this knowledge it was not expected that he would be required to remove to a law school in another remote part of the State. of the State. A casual reading of the fifth section of the tenth article of the State constitution, might seem to indicate that it was intended that the General Assembly might establish branches of the University. The act of Congress admitting the State of Iowa into the Union, approved March 3d, 1845, confirms the grant made in 1840, and declares that it shall "be appropriated solely to the use and support of such University, in such manner as the Legislature may prescribe."

It will be observed that all the legislation of Congress on this subject is in the singular number, applying to one institution, and by no possibility to more than one. The Constitution declares that the interest arising from the University fund "shall be applied to the support of said University, with such branches as the public convenience may hereafter demand, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. The last clause evidently qualifies and con

[ocr errors]
« PreviousContinue »