not included within the boundaries prescribed by this act, to the State (of Illinois,) thereby authorized to be formed, shall be, and hereby is attached to and made a part of Michigan Territory," &c., "and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations in all respects, with the other citizens of the Michigan Territory." Statute of Wisconsin, page 22.

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By the 12th section of "An act establishing the Territorial Government of Wisconsin," approved April 20th, 1836, it is provided that the inhabitants of said Territory shall be entitled to all the rights, privileges, and immunities "HERETOFORE granted and secured to the Territory of Michigan and to its inhabitants," &c. Now one of the rights, privileges, and immunities "heretofore granted and secured to the Territory of Michigan," is contained in the following act of Congress granting to said Territory, the use and control of the school lands; and as this act was passed in 1828, when this Territory was a part of Michigan, the provisions of it must extend to us, even if no other act granting that extension had ever been passed. But as it is, those rights, privileges, and immunities are doubly secured.

The act referred to is as follows, and may be found in the revised statutes of Michigan of 1833, page 46, as well as in the Laws of the United States:

"An act authorizing the Legislative Council of the Territory of Michigan, to take charge of the School Lands in said Territory," approved May 24th, 1828.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Governor and Legislative Council of the Territory of Michigan be, and they are hereby authorized to make such laws and needful regulations, as they shall deem most expedient to protect from injury and waste, section number sixteen, in said Territory, reserved in each township, for the support of schools therein; and to provide, by law, for leasing the same, for any term not exceeding four years in such manner as to render them productive and most conducive to the objects for which they were designed."

It is admitted that the school lands being merely reserved from sale, does not extend to the Legislative Assembly the right of soil, or the right of legislation concerning them. But from the general tenure of the acts of Congress in relation to the school lands, from the first act passed on the subject, down to the present time, it is evident that the design of the general government was, and is, to give the States and Territories the control of those lands, as trustees, for the use and support of schools within their respective limits. The right of sale is not contended for without a special act of Congress for that purpose. But the right of use and control, so far as is necessary to protect them from waste and deprcdation, is clearly established, both from the nature of the case, and the general tenure of Congressional legislation in relation thereto.

But waiving all right to the use and control of these lands, on the grounds just assumed, your committee are of the opinion that from the act of Congress, of May 24, 1828, connected with, and followed as it is, by the Organic Act of this Territory, no reasonable doubt can exist of the right of this Legislative Assembly to pass all needful laws in relation to this subject.

In addition, however, to all this, your committee beg leave to refer the House to another light in which this subject may be viewed. By the Organic Law, it is provided that "all the laws of the Governor and Legislative Assembly, shall be submitted to, and, if disapproved by the Congress of the United States, the same shall be null and of no effect." And by the same act it is provided that the Secretary of the Territory "shall transmit one copy of the laws," &c. "on or before the first Monday in December in each year, to the President of the United States; and at the same time two copies of the laws to the Speaker of the House of Representatives, for the use of Congress."

It is to be presumed in the absence of any evidence to the contrary, that the Secretary of the Territory has discharged this part of his duty, and that, as Congress has not disapproved of the law of the Territory relating to the school lands, this law, among others, is at least negatively approved of. Furthermore, it is a principle now conceded by our highest judicial officers, that the laws of this Terri

tory are the laws of the United States, WITHIN the Territories, until disapproved by Congress. If this view of the subject is correct, the laws of the Territory in relation to the preservation and use of the school lands are realized and of full force and effect.

If we take the opposite view of this subject; if we suppose that our legislative acts must be formally approved by Congress, before they take effect in the Territory, then we have no laws in force.For Congress has not thus formally approved of any act passed by this Assembly. It is true, one or two acts incorporating banks, were thus approved, but they have either died of themselves, been repealed, or are under injunction by our courts, and their charters, will, no doubt, soon be vacated by due course of law. Besides these, no acts of this Legislative Assembly have been approved in any other sense than negatively, by not being disapproved. And to suppose that our laws are not valid and of force, is to throw every thing into chaotic confusion-we are at sea, without helm, compass, or chart. In reviewing the whole subject, your committee are of the opinion, that it was the policy and intention of the general government-deduceable from the general tenure of the acts of Congress in the premises that the school lands should be under the control of the local Legislature, as trustee-that the special acts of Congress, granting to the Legislature this control, confirms and establishes that intention:-and finally, such laws having been passed by this Legislature, and not having been disapproved by Congress, leaves the matter without a reasonable doubt as to their validity and force.

In the investigation of this subject, another, and a very important question has presented itself to your committee: that is, whether it was the intention of Congress, in granting these school lands, that the use and avails of each section should be expended for the benefit of schools within the township in which it is located; or whether the proceeds thereof should be made a general fund, to be equally destributed to all parts of the Territory or State.

This question, your committee conceives to be more difficult to decide, than the one previously considered. The language of the several acts of Congress, in relation to the school lands, varies in different In the first act, heretofore quoted, the land was reserved for

acts.

the use of schools in the township. In the second of those acts, and the one we have considered, as properly the perfecting, if not in reality the commencement of the system, the school lands were "appropriated for the use of schools in the State" and vested "in the Legislature in trust for said use." And as all subsequent acts relating to this subject, seems designed to carry into all the other new states the system thus adopted for the encouragement and support of common schools, it is but reasonable to conclude that this view is in accordance with the original and continued design of the general government in reference to these lands.

But, aside from all this, if the design of these grants was, that each section granted should benefit only the six miles square in which it is located, the operation of the law is very unequal, and the liberal, not to say benevolent, designs of the government, can never equally extend to the people of the State. Some townships of land have not a single inhabitant, and from their local circumstances, will probably never be thickly settled, though the school section, from a casual circumstance of timber, mineral, or water power, may be the most valuable to be found in the country. On the other hand the general features of a township may be favorable to a dense population, while the school section may be broken, or destroyed by a water course. These things are known to be facts, and if the avails of each school section are to be expended within the township in which it lies, then one township of but few or no inhabitants, may have the means of supporting large schools, while another and adjoining township, with a dense population, will derive but little or no support from its school lands.

It is believed to be more in accordance with the original design of Congress, and with the laws of propriety and the fitness of things, to give as general a diffusion of the benefits of the school lands as may be practicable, than to limit them. The doctrine and intention of universal education, seems to have been in the view of Congress in granting these lands, and should be kept in view by the Legislature in its laws in the premiees. It cannot, however, be made general over the Territory, until, by an act of Congress, we are authorized to sell the lands and invest the proceeds in profitable and productive

stock. But as this equalization can now be easily effected in the respective counties, which will very nearly equalize the matter over the Territory, your committee would earnestly recommend the adoption of this principle into our code of school laws.

And finding some additional provisions of law necessary to render the existing laws more efficient, and to carry out the principle last recommended, your committee present the accompanying bill for the consideration of the House.

All which is respectfully submitted.

A. BRUNSON, Chairman.

Bill No. 2, entitled "a bill to amend the several acts to provide for the support of common schools," reported by the said committee was read the first and second times.

On motion of Mr. Brunson,

Ordered, That two hundred copies of the said report be printed. Mr. Shepard, by leave, introduced bill No. 4, entitled "A bill to incorporate the Farmers' and Mechanics' Association, to aid and assist in the mechanical and agricultural pursuits of the country."

Which was read the first and second times, and referred to the committee on corporations.

Mr. Brunson gave notice of his intention, on a future day, to introduce a bill to provide for the reception and disposition of the proceeds of the public land sales.

Mr. Burt moved a reconsideration of the vote taken on Saturday last, by which resolution No. 4, (from the Council,) entitled “Resolution providing for a recess of the Legislative Assembly," was negatived.

Mr. Rockwell enquired if the motion was in order after the House had parted with the possession of the resolution.

The Speaker decided the motion to be in order under the rules; but that the question could not be put to the House or acted upon until the resolution should be in its possession.

The motion was then laid on the table.

On motion of Mr. Whiton,

Ordered, That the clerk be directed to request of the Council, that resolution No. 4, entitled, "Resolution providing for a recess of the