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CONTENTS.

No.

Document.

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1859.

No. 1.

[ No. 1. ]

MEMORIAL of the Board of Regents of the University. To the Legislature of the State of Michigan:

This Memorial of the Regents of the University of Michigan, would respectfully represent to your Honorable Body that by an Act of the Congress of the United States, entitled "An Act concerning a Seminary of Learning in the Territory of Michigan," approved May 20, 1826, it was provided that "the Secretary of the Treasury be authorized to set apart and reserve from sale, out of any of the public lands within the Territory of Michigan to which the Indian title may have been extinguished, and not otherwise appropriated, a quantity of land not exceeding two entire townships, for the use and support of a University within the Territory aforesaid, and for no other use or purpose whatsoever." That under this grant, forty-four thousand five hundred and nineteen and twelve one-hundredths acres were selected for the use and support of the University, the proceeds of the sales of which constitute the present University fund. The first constitution adopted

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by the people of Michigan, in 1835, under which she was admitted as a State into the Union, contained an entire article, consisting of five sections, devoted to the subject of education, which, among other things, provided that "the Legislature should" encourage, by all suitable means, the promotion of intellectual, scientifical and agricultural improvement; that the proceeds of all lands that had been or thereafter might be granted by the United States to this State for the support of Schools, which should thereafter be sold or disposed of, should be and remain a perpetual fund, the interest of which, together with he rents of all unsold lands, should be inviolably appropriated to the support of Schools throughout the State. The fifth section of said article reads as follows: "The Legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States to this State for the support of a University; and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be and remain a permanent fund for the support of said University, with such Branches as the public convenience may hereafter demand, for the promotion of literature, the arts and sciences, and as may be authorized by the terms of such grant; and it shall be the duty of the Legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University." The object of the grant of these lands by Congress, as expressed in the grant itself, was for the use and support of a University, and for no other use or purpose whatsoever. This language clearly implied that a Tniversity was to be created and established by the State, which could use and up by this fund, and the State, by accepting be the grant, became bound to provide and establish a University to use and be supported by this fund. The first constitution for the State provided that the funds arising

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