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the best mode of advancing their interests. Let him call conventions of the friends of popular education, and deliver public addresses upon the subject, and use all those influences and means within the control of a powerful mind, devoted to the cause of human improvement, in arousing a right state of popular feeling, and exciting a common sympathy upon this subject. These means have been found eminently successful elsewhere, and would be here.

Although legislation is of vast importance, and cannot be dispensed with, yet the beneficial workings of the system must depend upon the districts and the parents. It is in vain that the law is unexceptionable, and the fund provided, ample, unless there is a sound and healthy public sentiment in the districts and among the parents. They must be taught to understand the nature and realize the importance of the privileges placed within their reach. It is a well known fact, that those who need education the most, appreciate it the least; and as it is for the general interest that all be educated, it is not enough that the means of education are placed within the reach of all; but that every proper effort be made to induce all to use those

means.

The influence that a superintendent, well qualified for his office, might, in the manner suggested, exert upon the public mind, and upon the prosperity and influence of the common schools, can hardly be estimated. The committee, therefore, unanimously recommend, that the law pointing out the duties of the superintendent of public instruction, be amended according to the suggestions of this report, and as the bill herewith submitted, provides. The bill further provides, that the duties heretofore imposed upon that officer, of the care, control and disposition of the university and primary school lands, and the investment of the proceeds, be transferred to the state treasurer. Upon inquiry at the treasurer's office and elsewhere, it was believed by the committee that the allowance to that department of an additional clerk, would enable it to perform all the duties imposed upon it by the bill. The change of the place of the payment of interest and principal, by the purchasers of lands, from the western part of the state, to the seat of government, was thought, at first view, to be an objection, as it would greatly increase the inconvenience of making payments, to many of the purchasers.

But upon further reflection, the committee became convinIced that this objection was without foundation. So long as the seat of government is the great emporium, the principal place of business of the state, so long will it be more convenient for people from all parts of the state to make remittances there, than to any other place. The school lands are scattered through all the counties, and although a few immediately

around the former place of payment, may find it more difficult to make payments, yet a large majority of the purchasers will find it less so, under the proposed change. The time may come when it would be desirable to establish an agency in every senate district, for the sale of lands and reception of proceeds; but if there is but one place of payment, but one located agency, for the whole state, your committee are of the opinion that the seat of government is the most suitable place.

Some of your committee were in favor of introducing into the bill, a provision that, so far as concerned the sale of university lands, and the investment of the proceeds, that the treasurer be required to act with the advice and consent of the board of regents. It was thought that the board of regents would always be as it now is, composed of men of high character, and devoted to the interests of the university, and that they would be conversant with its wants and condition, and could better judge how rapidly the lands should be sold, and the character of its endowment changed from property of intrinsic and permanent value, to stocks and debts of uncertain worth; and that they being required so to make their plans, that the execution thereof should not exceed in cost the interest available from investments and sales, should have at least an advisory voice in making such investments and sales. But others of the committee not being of the same opinion, the provision is not incorporated in the bill.

It is not estimated that the proposed change will increase the expenses of the education department, to exceed $100 per annum. The salary of the superintendent, by the bill, is continued the same, and the clerk formerly employed by him, is granted to the state treasurer.

All of which, together with the accompanying bill, is respectfully submitted.

WILLIAM SPRAGUE, Chairman.

[No. 54.]

Report of special committee, in relation to the unauthorized and forcible interruption, by the troops of the United States, of the public works at the Saut de Ste Marie.

The special committee, to whom was referred that part of the governor's message, relative to the "unauthorized and forcible interruption, by the troops of the United States, of the public works of the state, during the year before last, at the Saut de Ste Marie," respectfully ask leave to report:

That, as the subject was fully investigated, and presented to the legislature at its last session, in a very able report prepared by a committee appointed for that purpose, your committee deem it unnecessary to enter into a recapitulation of the causes, which tended to produce this violation of the rights of a sovereign state.

The injury inflicted upon the rights of the state of Michigan, by the general government, in preventing the construction of a ship canal around the falls of Saut de Ste Marie, by an armed military force, alike insulting to its honor, and injurious to its interests, calls loudly for atonement.

Under the conviction that some further action is necessary, in order to obtain redress for our injured rights, the committee would refer the legislature to the aforesaid report, and respectfully recommend the adoption of the following joint resolutions therein contained:

Be it resolved by the Senate and House of Representatives of the State of Michigan, That it is the sense of this legislature, that the proceedings of the government of the United States, at the Saut de Ste Marie, on the 12th day of May, 1839, by which the contractors and hands at work on the canal at that place, were forcibly driven from the same, and compelled to abandon its further construction, were unwarranted by the constitution of the United States, and a gross violation of the rights and sovereignty of the state of Michigan.

Be it further resolved, That, as an act of justice to the state of Michigan, the government of the United States is bound to rëpay to the state, the amount of money advanced to the contractors, together with all the damages the state has sustained by reason of the arbitrary and unjust measures which deprived the state of the right to construct the Saut de Ste Marie canal.

And be it further resolved, That our senators and representative in congress be requested to adopt such measures as will tend to the speedy reparation, by the general government, of the injury which has been inflicted upon the rights of the state, and that they demand the repayment of the money which has been expended, together with all damages that the state has sustained.

Resolved, That copies of the foregoing, together with the report of the committee of 1840, on the same subject, be transmitted to our senators and representative in congress.

S. R. WOOD, Chairman Select Committee.

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[No. 55.]

Report of the superintendent of public instruction, in relation to university and school lands; also, relative to moneys loaned, &c.

OFFICE SUPERINTENDENT PUBLIC INSTRUCTION,

Marshall, February 13, 1841.

To the Speaker of the House of Representatives:

SIR-In obedience to a resolution passed your honorable body, January 30, 1841, I have the honor to report:

That the seventy-one and a half sections of university lands now located, are situate in the following counties, to wit: 15 sections in Kalamazoo county,

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Berrien
St. Joseph

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Branch

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near Perrysburg, in Ohio.

Those lands in the counties of Kalamazoo, St. Joseph, Berrien, Branch, Jackson, Calhoun and Oakland, have been twice offered for sale at public auction, and are now subject to private entry, with the exception of those claimed by settlers in Berrien, St. Joseph, Kalamazoo and Kent counties. Those in Kent county have been once offered at public auction, but no sales made.

Those in the state of Ohio and in Ottawa county, have never been offered for sale.

The university fund of thirty-one thousand dollars, has been loaned to counties, and the interest paid to the commencement of the past fiscal year. Sixty-six thousand four hundred dollars of the school fund has been loaned to counties, and fourteen thousand dollars of said fund to individuals, on bond and mortgage securities.

The interest on these loans has been paid to the commencement of said year, with the exception of fifteen thousand dollars, from two counties, on which no interest has been paid. All which is respectfully submitted.

JOHN D. PIERCE, Superintendent of Public Instruction.

OFFICE SUPERINTENDENT PUBLIC INSTRUCTION,

Marshall, February 26, 1841.

To the Speaker of the House of Representatives:

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SIR-In obedience to a resolution passed your honorable body, February 19, 1841, I have the honor to report:

That the money loaned on bonds and mortgages is deemed to be amply secure; the securities being on unincumbered real estate; such estate having been appraised by disinterested persons to be worth, irrespective of buildings, double the amount of the money loaned. The counties in which the money is loaned, are Berrien, Kalamazoo, Calhoun, Washtenaw and Wayne. The lands taken for security are mostly improved farms.

Kent and Saginaw are the counties which have not, as yet, paid the interest on their respective loans, except, indeed, a draft of $177 60, upon the former, in favor of the schools of that county, and $62 80, upon the latter, for the same object, in said county. The reason assigned for the non-payment of interest, by Kent county, is the kind of money received. The facts are these: the bond of the county was made by its agents, the supervisors, and lodged in the State bank, pursuant to the requirements of law. There being then no money belonging to either the university or school fund on hand, the bank cashed the bond in anticipation of payments to be made. It may be proper to add, the proposition to do so, was made by the bank. The county claim that $1,002 of the paper received, was valueless, and that it was so at the time it was taken. After a correspondence with the proper authorities of the county, I have made a case, stating the facts as it is supposed they can be proved, and presented the same to the attorney general for his opinion thereon. I have deferred a settlement with the State bank, for the purpose of being satisfied what course it was proper to pursue. The action had in regard to Saginaw, is this, briefly: I sent an agent to that county last summer, with instructions to ascertain the cause of the failure, but both the treasurer and his deputy being absent, no satisfactory information could be had. I have since written several times, but nothing definite has yet been received at this office. Further efforts are making, which, it is hoped, will end in a speedy and satisfactory adjustment.

All of which is respectfully submitted.

JOHN D. PIERCE, Superintendent of Public Instruction,

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