with us by a gift of that which is of no value, and therefore will not hesitate to authorize selections to be made even in quarter sections. A precedent for this exists in the act of Congress of the 2d March, 1831, granting to Illinois the privilege of locating her seminary lands in quarter sections. The same law also establishes another important precedent. It authorized Illinois to relinquish her "entire township," and re-locate in "quarter sections ;" and doubtless for the reason that the larger body embraced much land of no value.

Florida ought to apply for a similar law. Township 5 N., R. 11 W., was selected chiefly for the very lands afterwards taken away by pre-emption. Many of these lands could have been since sold at $20 per acre. While sections 20, 21, 25, 26, 27, 28, 29, 33, 34, 35 and 36, containing 6,961 acres, are of little or no value. There are also parts of other sections in the township equally worthless.

The language of the law of 1845, is somewhat ambiguous as to the location of the two additional townships. The phrase in the last clause of the grant viz: "the one to be located east, the other west of the Suwannee," may be referred to the "townships" as readily as to the "seminaries," although there is little doubt that the latter was meant. It could not have been the intention of Congress to confine the location of one of these townships to be made in a land district where all the lands had been subject to private entry for 18 or 20 years. Yet, while seeking for further legislation in regard to these donations, it will be better to have this doubt entirely removed.

The statement marked (B.) shows the amount of the seminary fund, and in what it consists. It would seem proper that the Legislature should designate some mode (probably by a committee) of auditing the accounts of the board.

The sanction of that body is also respectfully requested to the expenditure by the late President for the school libraries procured by him, chiefly for the inspection of the members, and now placed in the Legislative Library for that purpose.

The duties of an agent in each county containing seminary lands, to lease, collect rents, protect from waste and trespass, &c., are arduous, and sometimes unpleasant. These duties have hitherto been assigned to different members of the board, and as the law provides that "the Trustees shall receive no compensation for their services," there has been some delicacy felt to make any charge for this agency. In two of these cases, Mr. Barkley and Dr. White, it has cost much time and trouble, and must continue to do so until some other disposition is made of the lands, and it deserves the consideration of the Legislature, whether it is sound policy to exact or expect the performance of very onerous public duties without some remuneration.

The statement marked (C.) furnishes a list of lessees, and of the rents to be paid by them for the present year. This statement will further illustrate the troublesome nature of the agency, by showing the number of persons with whom the agent has to transact business during the year.

The Trustees believe that they only express the general sentiment,

when they most respectfully urge upon the General Assembly, to take the earliest and most efficient measures to have the location of the seminary lands secured and placed on the best possible footing. The most valuable lands that can, should be reserved for our seminaries of learning, in preference to every other donation that Congress has made to Florida.

Having thus, with great brevity, stated the past action of Congress, and of our Territorial authorities, in regard to the seminary lands, together with a suggestion or two of what is yet to be done, in order to make the remaining locations in the most advantageous manner, the Board will now venture a few remarks, as to the proper disposi tion of these lands.

The General Government evidently intended by this donation, to create a permanent fund, to be inviolably preserved, and applied to the purposes of education. And, as a guarantee, Congress has, in every instance, restricted the States from the authority to sell or alienate these lands, except under its own immediate sanction, exacting the most solemn pledges for the faithful application of the fund. At present we have the right only to lease from year to year; for the act of Congress of 1836, (F), although never formally repealed, became inoperative, from the refusal of the Territorial authorities to carry out its provisions. This Board, it is true, have but a limited experience on the subject of leasing, but their opinion is decidedly and unanimously opposed to the system, both for general expediency, and for the preservation and increase of the fund. It lands are leased from year to year, or even for four or five years at a time, no permanent or valuable improvements can be expected in such short periods; while the mode of culture, consumption of timber, &c., will all be on the most wasteful and extravagant scale. We have too many examples of this, in the unprincipled destruction of many of the finest school sections. Long leases, on the other hand, are unsuited to the genius of our people, and often result in a state of things greatly to be deprecated; and of this we have abundant warning in the present condition of the anti-renters of Delaware county, New York. A third objection is, that a system of leasing invites and encourages the least desirable class of population, and hence these lands are often considered nuisances in the neighborhoods where they lie. On the score of trouble and expense, in renewing leases, collecting rents, and preventing waste, it must be evident that these duties will be laborious and responsible, and their faithful performance cannot be expected without adequate compensation.

The Trustees therefore respectfully recommend that application be made to Congress for power to sell, and invest in some safe, productive funds. And there can be no doubt that this power will be readily conferred on Florida, as it has already been on the States of Alabama, Indiana, Illinois, Michigan and Missouri. Indeed this application for the right to sell, by nearly all the new States, is itself the strongest argument in favor of that policy. When the right to sell is conferred, let it be deposited with this Board, or other proper

functionary, to be exercised under a sound discretion. Let the terms of sale be liberal as to time, having the price well secured and bearing interest. The Trustees believe that many of the lands already located could be now sold to advantage; and that the interest on such sales will greatly exceed the rents that can be derived from the lands, and will increase the fund much more rapidly than by any enhancement of price which can be reasonably expected from holding the lands.

The Board has ascertained that patents are not issued for these or any other lands granted to the State by Congress. It is therefore submitted for your consideration that the State ought to have some higher evidence of title than a Commissioner's or Register's certificate. The law making the donation, fixes the quantity, but does not identify the location, or else that would be a sufficient grant. It would seem therefore as necessary to have a patent to show that the General Government had conveyed its title in these lands, as it is in any other case. Congress will authorize this to be done upon the proper

application.

The Trustees ardently desire to see the cause of education occupy a large share of the public attention, and would cheerfully contribute all in their power by introducing the subject prominently in the present report, did they not consider it more proper to confine themselves to the more immediate object of their appointment, which is to secure and enlarge the education fund, and thus lay broad the foundation upon which all future success must rest. To divert the public mind from these preliminary measures, and create the impression that we are ready to embark upon some splendid scheme of public education, would be most injudicious. Had the munificent donations of Congress been properly secured, and faithfully managed for the last twenty years, we might now have been in a position to introduce some system of common education, as well as to begin with our Seminaries of a higher order. But the commencement of these glorious measures must be a little longer deferred, while we content ourselves at present, to avoid the reproach of those who follow us, by our diligence in securing a fund that shall be an honor to Florida, and adequate to the education of her children in all time to come.

Here the Board will close their annual report on the Seminary Lands and Funds under their care: but as your Excellency has requested that the President should connect with it a statement of the other donations of Congress, for a "Seat of Government,' "" Common Schools," and "Internal Improvements," so as to bring the whole subject of our PUBLIC LANDS into one document, such statement is hereto appended, with great pleasure, marked (D.); in which the subjects are classed under their respective heads, closing with an aggregate of the whole amount of locations that remain to be made, so far as they are ascertained, while I have the honor to subscribe myself your Excellency's obedient servant,

BENJ. F. WHITNER, President of Trustees of Seminary Lands.

(B.)

Statement of Seminary Funds.

Amount paid into the General Fund of the Territorial

Treasury for rents of 1829,

Amount paid into the School Fund of the Territorial
Treasury for rents of 1831 and 1832,

Received from distribution of sales of public lands, as re-
ported last year,

Leases for 1844, in Gadsden county, collected by

$55 35

85 25

1736 29

$120 00

218 00-338 00

572 00

112 00

2,898 89

These Funds are disposed of as follows:

In the General Fund, in Territorial Treasury, $55 35

In the School Fund, in Territorial Treasury, consis

ting of Territorial Scrip and Bank of Florida bills, 85 25-140 60 Loaned, 27th Dec., 1844, at 8 per cent. on mortgage of

real estate,

1,653 36

Amount yet due in Gadsden, on leases for 1844 and 1845,

790 00

Judge Baltzell has a charge for professional services unadjusted. He had also purchased two setts of the New York School Library, as stated in his last annual report, at a cost of $41 75, an expenditure which will doubtless meet with general approbation, but which requires the sanction of the Legislature before it can be properly brought into the account.