Mr. MCCLELLAND-I would suggest to my friend from Berrien the propriety of having these Regents appointed by the Governor and Legislature. It would be better than leaving the appointment with the Legislature alone; because, if left to them, some of the difficulties suggested might arise. I think it would be much better to leave it to the Governor, to be approved by the Legislature in joint

convention.

Mr. WHIPPLE had no objection to so amend his proposition; and the substitute was then amended as suggested.

Mr. BAGG-I am opposed to the substitute offered by the gentleman from Berrien, [Mr. Whipple,] and the amendment suggested by the gentleman from Monroe. I am for having the people elect these men. I know no good reason why the people cannot as well elect these Regents as the Legislature. Sir, I believe the people have the good sense to make a proper selection in this matter. If there be any

argument against the election of these officers by the people, it applies equally against their being appointed by the creatures of the people, the Legislature. I never desired to see them appointed by the Governor; but I prefer the substitute as modified, to the original proposition. However, I should desire to amend in this way: "there shall be elected at the first election after the ratification of this constitution, twelve Regents."

Mr. WALKER said he had no great feeling on this subject. It was considered by the committee that the Board of Regents, as heretofore organized, was too large, and that more efficiency would be introduced by reducing the number. Their object in fixing upon "six," was to insure a more direct responsibility on the part of the Board. He believed, from knowing it was demanded that all officers should be elected by them, that those should also. He had no fear in leaving the election of the Regents to the people, and so making them directly responsible to the public.

Mr. N. PIERCE observed that the government of the University was not such as it should be. With the large amount of funds which it had at its disposal, for the last fifteen years, it graduated only about twelve students in the year. This institution did not educate one-half the number that other chartered institutions in this State did; and this resulted merely from the goverment. In the Albion Seminary they graduated about fifty this year. There was something wrong about all this. He made these remarks merely to set forth some information which he received last year, as a member of the Legislature. He would much prefer that any sectarian religious society had care of this institution, than to have no one tanght in it. They taught no one-their rules and course of study were good, but still they did not get pupils. The University was surrounded by difficulties that should be looked into.

Mr. CHURCH could not look with any complacency upon the idea of taking the Regents of the University into the two great caucuses of the political parties of the State, every two years. There, no doubt, they would be used as a sort of small change. He knew what sort of people there were in State conventions; and in settling

between the different candidates of the State, the settlement for the smaller candidates, and the claims of one section of the State, would be made up in this way: "we will give you a Regent if you go with us for Treasurer." Such would be the case; they would certainly become "small change," if the plan of electing them by the people were carried out. He agreed with the delegate from Macomb, [Mr. Walker,] as to the number of Regents. He did not think it well to increase the number. But in view of the difficulty of collecting a small number from the different parts of the State, that fact would be sufficient to recommend the proposition of the delegate from Berrien, [Mr. Whipple.]

Mr. LEACH expressed himself as being opposed to the substitute. He thought that the question in regard to the election of officers by the people, had been finally disposed of. The argument against the election of Regents by the people, he considered, held equally against the election of any other officers whatever. Education demanded that these men should be protected from all sectarian and party influence. If the appointment were left to the Legislature, would not the Regents be party men? He expected they would. If elected by a democratic Legislature, they would be democrats, and vice versa. He thought, from the history of the past, they would be political men. He would assert, that as a general thing, men nominated by the Legislature had been political men.

The question being upon the adoption of the substitute, [Mr. Whipple's,] the same was taken by yeas and nays-yeas 30, nays 28. Mr. WHIPPLE submitted the following, to stand as a new section, (5;) and the same was agreed to:

"The Regents elected pursuant to the provisions of the foregoing section, and their successors in office, shall continue to constitute the body corporate, known by the name and style of the "Regents of the University of Michigan."

On the 6th of August, Mr. CORNELL moved to re-commit the article on Education to the committee, with instructions to strike out section 3 and insert: "The Legislature shall, as soon as practicable, establish a system of primary schools, the tuition of which shall be free throughout the State, and provide for their support." After debate, the vote being taken upon instructing, as proposed by Mr. Cornell, the result was yeas 45, nays 23, and the article was re-committed. The article was reported back on the same day. After some further amendments were proposed without success, the question being upon ordering the article to a third reading, it was LOST by a vote of 33 to 28.

On motion of Mr. J. D. PIERCE, the vote was re-considered, and the article laid upon the table. As remarked by Mr. Pierce, the sys

tem of free schools had the decided majority of the Convention, but a provision had been inserted which destroyed that principle.

On motion of Mr. J. D. PIERCE, the article was again taken from the table, and re-committed to the committee on Education. It was reported back by the committee on the following day, with section 3 as follows:

The Legislature shall, within five years from the adoption of this constitution, provide for and establish a system of common schools. Such schools shall be kept without charge for tuition for at least three months in each year, in every school district in the State.

Mr. BRITTAIN moved to add to the substitute: "and all instruction in said schools shall be conducted in the English language," which was accepted by the committee. A substitute was offered by Mr. FRALICK, which was not adopted, and the substitute as reported by the committee, was then concurred in. The section which related to the election of Regents was again discussed.

Mr. BAGG offered the following substitute for section four:

"There shall be elected at the first general election for judges in this State after the ratification of this constitution, twelve Regents of the University; four for the term of six years, four for the term of four years, and four for two years; and at each subsequent election for judges, there shall be four Regents of the University elected, who shall hold their office for the term of six years."

Mr. B. hoped the substitute just offered by himself, would prevail. * * * Gentlemen agreed that the Regents of this institution should be placed beyond the operation and effects of party, and therefore should be elected by the Legislature. Would this remove the objection? Would the Legislature be any less free from the machinery of party? Certainly not. That arena was as liable to be affected by party as the general election by the people themselves. The substitute proposed to elect the Regents of the University at the same time and in the same manner as the circuit judges. the Regents of the University of more consequence than your judges of the Supreme Court? Was not the judiciary at the very base of your government? Did not these judges adjudicate on the whole, ultimately? If so, was not what was applicable to one applicable to the other? He could see no difference.

Were

After debate, the substitute was agreed to, yeas 44, nays 26.

The article was then ordered to a third reading, and the deliberations of the Convention resulted in the 13th article of the revised constitution, adopted by the people, and which is now the organic law of the State.

ARTICLE XIII.-EDUCATION.

Sec. 1. The Superintendent of Public Instruction shall have the general supervision of public instruction, and his duties shall be prescribed by law.

Sec. 2. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals, or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation.

Sec. 3. All land, the titles to which shall fail from a defect of heirs, shall escheat to the State; and the interest on the clear proceeds from the sales thereof, shall be appropriated exclusively to the support of primary schools.

Sec. 4. The Legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the State; and all instruction in said schools shall be conducted in the English language.

Sec. 5. A school shall be maintained in each school district, at least three months in each year. Any school district neglecting to maintain such school, shall be deprived for the ensuing year of its proportion of the income of the primary school fund, and of all funds arising from taxes for the support of schools,

Sec. 6. There shall be elected in each judicial circuit, at the time of the election of the judge of such circuit, a Regent of the University, whose term of office shall be the same as that of such judge. The Regents thus elected shall constitute the Board of Regents of the University of Michigan.

Sec. 7. The Regents of the University and their successors in of fice shall continue to constitute the body corporate, known by the name and title of "the Regents of the University of Michigan."

Sec. 8. The Regents of the University shall, at their first annual meeting, or as soon thereafter as may be, elect a president of the University, who shall be ex-officio a member of their Board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the Regents, and be the principal executive officer of the University. The Board of Regents shall have the general supervis ion of the University, and the direction and control of all expendi tures from the University interest fund.

Sec. 9. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of a State board of education; one for two years, one for four years, and one for six years, and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The Superintendent of Public Instruction shall be ex-officio a member and Secretary of such board. The board shall have the

general supervision of the State Normal school, and their duties shall be prescribed by law.

Sec. 10. Institutions for the benefit of those inhabitants who are deaf, dumb, blind or insane, shall always be fostered and supported. Sec. 11. The Legislature shall encourage the promotion of intellectual, scientific and agricultural improvement; and shall, as soon as practicable, provide for the establishment of an agricultural school. The Legislature may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the University, for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the Regents of the University.

Sec. 12. The Legislature shall also provide for the establishment of at least one library in each township; and all fines assessed and collected in the several counties and townships for any breach of the penal laws, shall be exclusively applied to the support of such libra

ries.

THE FIRST AND THE REVISED CONSTITUTION.

A comparison of these instruments, the first of which will be found on page eighteen of this document, will show the points of difference and the improvements made in the latter.

The first article of the old constitution provided for a Superintendent of Public Instruction, who was to be appointed by the Governor, by and with the advice and consent of the Legislature, in joint

vote.

The revised constitution, under article VIII; entitled "Of State Officers," provides for his election biennially, by the people, and he is to keep his office at the seat of government.

The first constitution provided that the funds accruing from the sale or rents of University and school lands, should remain a perpetual fund, &c. The revised constitution provides that the proceeds of the sales, and of all lands or other property given by individuals, or appropriated by the State for such purposes, should remain a perpetual fund, which, together with the rents, &c., shall be inviolably appropriated, and annually applied to the specific objects of the original grant or appropriation.

The revised constitution provides that all lands, the titles to which shall fail from defect of heirs, shall escheat to the State, and the in