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The question then recurred on adopting the resolution as amended, and it was agreed to; ayes 19, noes 5.

And the ayes and noes being called for,

Those who voted in the affirmative; are,

Messrs. Batchelder, Bond, Brown, Darling, Eastman, Ellis, Giddings, Hackett, Jenkins, Mills, Ogden, Parkison, Parmelee, Ray, Rockwell, Sutherland, Tripp, Whiton, and Newland, (speaker.)—19. Those who voted in the negative, are,

Messrs. Barber, Brunson, Burt, Gray, and Shepard.—5.

Ordered, That the clerk transmit a copy of the said resolution to the late librarian.

Bill No. 6, from the Council, entitled "a bill to incorporate the trustees of the Platteville Academy," was read the first and second times.

The following resolution, received from the Council, was then considered. to wit:

Resolved, (if the House of Representatives concur herein,) that the two Houses will take a recess, from Monday, the 27th day of December, until Friday, the 7th day of January next.

And the resolution having been read, Mr. Ray moved to amend the same, by striking out "Friday, the 7th," and inserting "Monday, the 3d ;" and pending that question,

Mr. Ellis moved to amend the amendment by striking out " Monday, the 3d," and inserting "the 15th," in lieu thereof;

Which was disagreed to; ayes 5, noes 19.

And the ayes and noes being called for,

Those who voted in the affirmative, are,

Messrs. Brown, Brunson, Eastman, Ellis, and Giddings.-5.

Those who voted in the negative, are,

Messrs. Barber, Batchelder, Bond, Burt, Darling, Gray, Hackett, Jenkins, Mills, Ogden, Parkison, Parmelee, Ray, Rockwell, Shepard, Sutherland, Tripp, Whiton, and Newland, (speaker.)—19.

The question was then put on agreeing to the amendment offered by Mr. Ray, and passed in the negative.

And the ayes and noes being called for,
Those who voted in the affirmative, are,

Messrs. Batchelder, Bond, Brown, Giddings, Parmelee, Ray, Shepard, and Newland, (speaker.)—8.

Those who voted in the negative, are,

Messrs. Barber, Brunson, Burt, Darling, Eastman, Ellis, Gray, Hackett, Jenkins, Mills, Ogden, Parkison, Rockwell, Sutherland, Tripp, and Whiton.-16.

Mr. Burt moved that the resolution do lie the table.

And the question being put, it was decided in the negative; ayes 11, noes. 13.

And the ayes and noes being called for,

Those who voted in the affirmative, are,

Messrs. Batchelder, Brown, Brunson, Burt, Darling, Eastman, Ellis, Giddings, Ogden, Shepard, and Newland.-11.

Those who voted in the negative, are,

Messrs. Barber, Bond, Gray, Hackett, Jenkins, Mills, Parkison, Parmelee, Ray, Rockwell, Sutherland, Tripp, and Whiton.-13. The question then recurred on the passage of the resolution, and it was decided in the negative; ayes 7, noes 17.

And the ayes and noes being called for,

Those who voted in the affirmative, are,

Messrs. Batchelder, Brown, Hackett, Mills, Parmelee, Tripp, and Whiton.-7.

Those who voted in the negative, are,

Messrs. Barber, Bond, Brunson, Burt, Darling, Eastman, Ellis, Giddings, Gray, Jenkins, Ogden, Parkison, Ray, Rockwell, Shepard, Sutherland, and Newland, (speaker.)-17.

So the resolution was negatived.

Ordered, That the Council be made acquainted therewith.

Mr. Whiton, by leave, presented the petition of John Rhinehart and 252 others, praying for an act of incorporation for the construction of a bridge across Rock river at Janesville, in the county of Rock; which was referred to the committee on corporations.

And then the House adjourned.

Monday, December 27, 1841.

Mr. Darling, from the committee on Corporations, by leave, reported bill No. 3, entitled "a bill to incorporate the Janesville Bridge Company;"

Which was read the first and second times.

Mr. Brunson, from the committee on Schools, submitted the following report:

The Committee on Schools to which was referred so much of the Governor's message as relates to Common Schools, beg leave to Report:

That the most serious difficulty which impedes the efficient operation of the system for the encouragement and support of common schools now in operation in this Territory, that they have been able to discover, arises from the diversity of opinion, existing as to the legality of exercising any control, under our laws, over sections numbered sixteen, commonly called the School Lands.

A large and respectable portion of the people, among whom are able counsellors at law, believe that Congress has never given the Legislature of this Territory, any control over those lands; and as a consequence, no act of guardianship exercised by School Commissioners over them, under the provisions of our statutes, could be valid or of any force; but that on the contrary, they must lie waste and be subject to all kinds of trespass and depredation, which persons regardless of the public rights and interests, might see fit, or feel disposed to commit until some new act of Congress is passed. From the prevalence of these opinions, sanctioned as they are by the names of respectable and influential persons, the School Commissioners in several towns have been deterred from the discharge of the duties imposed on them by law; and the school lands placed under their control, have suffered great loss from trespasses committed on them with impunity. To ascertain the truth in this case, and to be able to lay before the House and the people the law of the land in the matter, your committee have bestowed considerable attention and re

search, with a view to a more uniform and efficient execution of the

laws in the premises.

With due respect to the opinions of those who may differ from them in opinion, they have come to the calm and deliberate conclusion, that the laws of Congress do give the powers exercised in the enactment of our school laws, and that they ought to be sustained and acted upon with perfect confidence and by efficient legal mea

sures.

The first act we find in the laws of the United States, in reference to school lands, and the system adopted by the General Government in relation thereto, is in "An act to enable the people" of Ohio to form a Constitution and State Government, approved April 30, 1802. Story's laws of the U. S. pages 869 70. It is one of three propositions made by Congress to the people of Ohio, in forming their constitution, that if they would exempt public lands from taxation for five years after their entry at the Land Office, thereby encouraging the settlement and sale of the public domain; then and in that case, “Section No. 16, in every township, and where such section had been sold, granted or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township for the use of schools."-This act being the first which Congress passed of the kind, it would be expected that some of the sections No. 16, had been previously disposed of, hence the necessity of granting other and equivalent lands for that purpose.

By a subsequent act, approved March 3d, 1803, Story-pages 890 and 92, entitled "An act in addition to and in modification of the propositions contained in an act to enable the people" of Ohio to form a constitution, &c. This system of appropriating portions of the public lands to the support of common schools, is extended and better defined. This act says "the following several tracts of land in the state of Ohio, be and the same are hereby, appropriated for the use of schools in that state, and shall vest in the Legislature in trust for said use." And after describing the several tracts appropriated to "the United States Military tract," the "Connecticut Reserve," and "the Virginia military reservation," this act provides that one thirtysixth part of all the lands of the United States lying in the state of

Ohio, to which the Indian title has not been extinguished, which may hereafter be purchased of the Indian tribes by the United States, which thirty-sixth part shall consist of section No. 18, in each township, if the said lands be surveyed into townships of six miles square, and shall, if the lands be surveyed in a different manner, be designated by lots," shall be thus appropriated to the use and support of schools. This act seems, in fact, to be the commencement of the system now in force, of appropriating lands for this object, the principles of which have been carried out in all new states and territories.

By this act the principle is established, that the lands appropriated for schools, shall vest in the Legislature in trust for "schools in the State;" not only giving the Legislature a control over them as a trustee, but designating the use of them to be general, and not limited to the towns in which they may lie.

In all the enactments of Congress relative to the sale of the public lands from that day down to this, the sixteenth section is reserved from sale, and left for the use and support of schools. And though the before quoted acts specifically allude to Ohio, yet they show the policy and intention of the general government in relation thereto; and by tracing subsequent acts of Congress, we shall see that the same provisions have been extended to us and the school lands in this Territory.

By an act of Congress approved May 7th, 1800, to divide the territory of the United States, north-west of the Ohio River, into two Territories-Story, page 774; the district now composing Wisconsin Territory, fell within the Indiana Territory. And by an act approved March 25, 1804, "making provisions for the disposal of the public lands in the Indiana Territory-Story, pages 926-9, the 16th sections are reserved from sale, and appropriated to the support of schools. By the act of April 18th, 1818, admitting the state of Illinois into the Union, the 16th section is granted to the State for the use of schools. And by the same act "all that part of the Territory of the United States, north of the state of Indiana, and which was included in the former Indiana Territory, together with all that part of the Illinois Territory, which is situated north of, and

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