the evidence of the Sergeant-at-arms of this House as to the circumstances attending the taking the evidence of Joseph Brisbois at Prairie du Chien, to be used in the contest between the Hon. Alfred Brunson and Theophilus La Chappelle, for a seat in this House.

Mr. Brunson gave notice that on a future day he should, by leave, introduce a bill to prevent the sale of intoxicating drinks to the soldiers of the United States Army."

And "a bill for the punishment of idle and disorderly persons."

On motion of Mr. Ellis,

Resolved, That his Excellency James Duane Doty, late commissioner on the part of the United States, to negociate with the Sioux, or Dakota tribes, for a cession of land, for the establishment of an Indian Territory, west of Fort Snelling and embracing the St. Peters river, be requested to furnish this House with a copy or copies of any treaty or treaties, made and concluded with said tribes as such commissioner.

On motion of Mr. Shepard,

Resolved, That the committee on Elections be instructed to cause to be printed without delay, so much of the testimony in the case of the contested election between the Hon. Alfred Brunson and Theophilus La Chappelle, as relates to the illegal votes given at said election and the testimony of the postmaster at Prairie du Chien, as to the delivery of a notice to the said Brunson.

Mr. Brunson, from the committee to which the subject was referred, made the following report:

The Committee on Schools, to which was referred the subject of the University, beg leave respectfully to Report:

That two several acts have been passed by the Legislative Assembly of this Territory, since its organization incorporating Universities, to bear the name, and from the tenure of their provisions, it would seem that were intended to derive support from the public funds of the Territory of Wiskonsan.

The first of these acts was approved Dec. 8, 1836, entitled "an act to establish a University," and provided "that there shall be established at Belmont, in the county of Iowa, a University for the purpose of educating youth, the style, name and title whereof, shall

be the Wiskonsan University, and the said University shall be under the management, direction and government, of twenty-one trustees," &c. And by the first section of said act, is provided that "The first meeting of the trustees under this act, shall be held on the second Monday in May next," (1837,) &c. But your committee have no knowledge that such meeting was ever held, and from the well known fact that when the Legislature adjourned from Belmont, the place was literally forsaken, it is believed that no such meeting occurred; and if not, the time having passed, fixed by law for the first meeting of the trustees, without such meeting, the act became a dead letter, and could never be revived without another act of the Legislature for that purpose, which was never passed.

This view, in relation to the Belmont University, is confirmed by the passage of a second act upon the subject of a University, approved January 19th, 1838, which it is presumed would not have been passed, if the former act had not been considered null and of no effect from the want of legal action on the part of the trustees. This last mentioned act is entitled "An act to establish the University of the Territory of Wiskonsan," and provides, "That there shall be established at or near Madison, the seat of government, a University, for the purpose of educating youth, the name whereof shall be "The University of the Territory of Wiskonsan," and "shall be under the government of a board of visitors, not exceeding twenty-one in number." The second section of this act provides, that "eleven of the said board of visitors shall be a quorum for the purpose of disposing of property, and fixing compensations, and any seven of said board shall be a quorum for all other purposes."

The 8th section of this act provides that "The first meeting of the visitors under this act, shall be held on the first Monday in July next," (1838,) and "if a quorum shall not attend at any meeting, the visitors present may adjourn from time to time until a quorum shall attend." But in this, as in the former case, your committee are not apprised that the first meeting of the visitors was ever held, and although rumor states that attempts were made for that purpose, yet we have no evidence before us that regular " adjournments from time to time" were made, so as keep the law from becoming a dead letter by its own limitations and provisions.

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It is believed that the provisions of neither of the aforesaid acts are adapted to the circumstances of a country so new, and sparsely settled as this. Twenty-one trustees or visitors, scattered over the length and breadth of the Territory, or a majority of them, can seldom, if ever, be called together in one place to transact business, for which they are to receive no compensation. And from the fact, that both of the preceding acts have become dead letters in the Statute books, and the circumstances of the country having become changed from what they were when those acts were passed, it is believed to be necessary to pass a new and revised act, establishing the University of Wiskonsan. And as doubts may exist as to the nullity or force of the preceding acts on this subject, your committee recommend the repeal of them both. This can be done with the greater propriety, as no action has been had under the provisions of either of them, and of course, no individual has or can have any rights invested in them. While, on the other hand, there is a possibility of a doubt, and of future litigation, as to the right to and use of the University lands of the Territory, if those laws are left in their present situation.

In reference to the University lands of the Territory, your committee, in common, it is believed, with the people of the Territory, as well as the Governor and members of the Legislature, have heretofore labored under a great mistake. It has, heretofore, been supposed, that lands to an amount equal to two entire townships or 46,080 acres, were conveyed in fee, to the Territory, for the use and support of a University. But by a reference to the act of Congress on this subject, it will be seen that the fee remains in the General Government, and that no provision whatever is made by the act for the location or use of those lands. They are only to be set apart and reserved from sale," "for the use and support of a University within the said Territory," but not placed under the control of the Territory in any shape or form. The act does not authorize the Governor of this Territory, or any agent or agents appointed by him to locate those lands. It provides "that the Secretary of the Treasury be, and he is hereby, authorized to set apart and reserve from sale," &c. But in as much as the said Secretary has heretofore sanctioned the locations which have been made under the provisions of resolutions of the

Legislative Assembly, those locations have become valid, not because they were made by our authority, but because the said Secretary, on receiving a description of the lands selected for that object, confirmed and ratified the doings of the authorities of the Territory in the premises.

The act referred to, may be found on page 785, of the 9th volume of the Laws of the United States, and is in the words and figures following, to wit:

"An act concerning a Seminary of learning in the Territory of Wiskonsan.

[Sec. 1.] Be it enacted by the Senate and House of Representatiaes of the United States of America, in Congress assembled; That the Secretary of the Treasury be, and he is hereby, authorized to set apart and reserve from sale, out of any of the public lands within the Territory of Wiskonsan, to which the Indian title has been, or may be, extinguished, and not otherwise appropriated, a quantity of land not exceeding two entire townships, for the use and support of a University within the said Territory, and for no other use or purpose whatsover, to be located in tracts of land not less than an entire section, corresponding with any of the legal divisions into which the public lands are authorized to be surveyed." [Approved June 12, 1838.]

From the wording of this act, as well as the views herein before taken of the subject, it will be seen that another act of Congress must be passed, in reference to this subject, before we are authorized to take any action for the sale or use of the lands in question. But as it is deemed important that the earliest action practicable, both by Congress and this Assembly, be had in the premises: it is believed that an act establishing the University, and providing for a suitable disposition of those lands for the uses and purposes intended, should be passed by this Assembly, and submitted to Congress for its approval-thereby virtually making it the act of Congress-would be the most speedy course to be pursued.

By this means Congress could perceive at once, the uses to which this Assembly proposes to apply the lands, the modus operandi of the same, and the guards and securities with which they are protected, all which, it is believed, would be approved.

By resolutions of this Assembly, approved January 11, 1840, and January 29, 1841, two thirds of the University lands have been located, and submitted to the Secretary of the Treasury for his sanction and approval. The most of these locations have been thus approved and sanctioned, and it is expected the remainder will soon be.

The policy of locating but two-thirds of the University land up to this time, was adopted with a view to locating the remaining third on the north side of Wiskonsan river, so soon as those lands should be surveyed, and come into market. This has now been done to some extent, and to secure the best and most valuable of them for this noble purpose, your committee recommend the location of the remaining third with as little delay as possible.

The Governor recommends the commencement of the institution to be erected and sustained by the avails of these lands, but before they can become productive they must be located, disposed of, and the proceeds invested in some way so as to yield an annual income to the Territory or State.

On this, however, a question arises at once, as to the expediency of selling them at this time. Different opinions obtain in reference to it. Some think it best to leave them for ten or twenty years to rise in value, when, as a matter of course, the proceeds would amount to more than if sold at the present time.

To this policy there are several weighty objections to be urged. It is seriously doubted whether the rise in the value of these lands can possibly be of as much public utility as the education of the youth now among us. On the education of the rising generation depends the morality, prosperity and perpetuity of our institutions. And without it the unanimous voice of the country proclaim the downfall of American freedom.

Is it good policy to leave the present generation without the means of education, with a view to leaving a greater fund for that purpose to future generations and future emigrants? It is a known truth that one object of the General Government in granting these lands for the use and support of a University, was to encourage the settlement and sale of the public domain. And it is equally true that the first settlers of a new country endure many privations in preparing the