1846.

No. 24.

Communication from Executive Committee of Board of Regents.

HON. WM. L. GREENLY, President of the Senate :

The undersigned acknowledges, through their secretary, under date of the 19th instant, a resolution of the Senate as follows:

Resolved, That the regents of the University of Michigan be, and they hereby are requested to inform the Senate, whether in their opinion, the interest of the university will be promoted by a reduction of the price of university lands, and any reasons which may exist in favor or against such reduction.

The Senate will readily perceive the difficulty which embarrasses the undersigned, in complying with the terms of their resolution. The board of regents are widely diffused, and reside necessarily at different points of the state, distant one from the other. A meeting of this board can therefore only be convened upon sufficient notice to its respective members; and to form even a quorum is often found difficult.

The unavoidable delay incident to such meeting, might defeat the object, and is therefore presumed not to have been intended by the Senate. However desirous it might have been to respond to the resolution by a report from the board of regents, time and circumstances appear to forbid such report.

The undersigned, to whom the resolution was transmitted, as chairman of the executive committee of the board of regents, having consulted with two others, members of that committee, who alone reside at Detroit, and whose views he could at this time obtain, submits the following facts and results, from the past history relative to the legislation upon the subject of university lands:

The act of congress, approved May 20th, 1826, provides that the secretary of the treasury be authorized to set apart and reserve from sale a quantity of land not exceeding two entire townships (46,080 acres) for the use and support of an university within the then territory of Michigan, and for no other use or purpose whatever. This

may be termed the fundamental law upon which the present university is based.

In pursuance to this act of congress, the secretary of the treasury addressed a letter to General CASS, then Governor of the territory of Michigan, requesting him to designate the selections. Governor Cass convened a meeting of the trustees of the then existing university of Michigan, and submitting to them the letter of the secretary, requested that said trustees would adopt measures for making said selections. A committee was accordingly appointed, to whom this matter was confided. That committee employed a suitable person, who selected and reported a large portion of said two townships. This committee subsequently transmitted to Governor Cass, then temporarily at Washington, a list of these selections, which it is believed were confirmed by the secretary.

Congress so far recognized the control of the trustees of the former university of Michigan over part of these lands as to pass an act, approved March 3, 1835, authorizing a committee of that board to offer at public auction, and to sell certain selections previously made. The trustees, declining to sell or carry out the provisions of that act, congress, through the importunity of a certain Ohio land company, who held lands in the vicinity, was induced to repeal this act, to give authority or rather require said trustees to sell these same lands to William Oliver, agent of said Ohio company, under the allegation that the trustees had made contract with said Oliver for such sale; this act was approved March 22, 1836. A conveyance was executed in compliance with this act, and thus the university fund was divested of that portion of land selected, embracing the mouth of Swan Creek, upon which Toledo, now in Ohio, is built, and where, it is understood, the canal terminates. For this land the trustees received about a section of land in that vicinity, and $5,000 in cash. These lands were not disposed of by the trustees and formed part of the fund of the present university, and the $5,000, with the interest thereon, were transferred by a committee of the board of trustees to the treasurer of the present board of regents; The next legislation, it is believed, was the act of congress approved June 23, 1836, being supplementary to an act for the admission of Michigan, upon certain conditions, the second proposition whereof is as follows: That the seventy-two sections of land set apart and reserved for the use and

support of a university, &c., are hereby granted and conveyed to the state, to be appropriated solely to the use and support of such university in such manner as the legislature may prescribe: And provided also, that nothing herein contained shall be so construed as to impair or affect in any way the rights of any person or persons claiming any of said seventy-two sections of land, under contract or grant from said university. It may here be proper to remark, that the constitution of the state of Michigan had been previously submitted to congress for their action, (see article X, section 5.) This act provides-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, 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 unprovement and permanent security of the funds of said university. How far the terms of the constitution relative to branches conflict with the provisions of the subsequent act of congress limiting the grant "solely to the use and support of a university," is left for others to discuss, deliberate and determine:

Ist. The next legislation, in order of time, is the act establishing the university of Michigan, approved March 18, 1837. See revised statutes, page 234.

2d. An act to locate the university of Michigan, approved March 20, 1837.

3d. An act to provide for the disposition of the university lands, approved March 21, 1837. Price fixed at $20 per acre, revised statutes, page 250.

4th. An act to amend, &c., approved June 21, 1837.

5th. An act to amend, &c., approved June 22, 1837.

6th. An act releasing fourteen sections, &c. (This act was never

carried into effect,) approved March 23, 1838.

7th. An act to extend the time of payment, &c., approved April

6, 1838.

8th. An act authorizing loan of certain money to university, approved April 6, 1838,

9th. An act providing for expenses, &c., approved February 14, 1839.

10th. An act to extend time of payment of university interest money, &c., approved March 4th, 1839.

11th. An act for the sale of university lands to settlers thereon, &c., approved March 25th, 1840.

12th. An act to amend the act to extend time of payment, &c., approved March 30, 1840.

13th. An act to reduce the price of University lands, approved April 13th, 1841. This act reduces price to $15 per acre.

14th. An act to provide for the sale of University lands, approved Feb. 9, 1842.

15th. An act to reduce the price of University lands, approved Feb. 15, 1842. Minimum price fixed at $12 per acre.

16th. An act for the relief of settlers on University lands, &c, approved March 9th, 1843.

17th. An act authorizing receipt of obligations of the state in payment of University lands, &c., approved Feb. 28th, 1844.

18th. An act to establish a land office, &c., approved March 11, 1844.

19th. An act for the relief of the University of Michigan, approved March 11, 1844.

20th. An act to regulate and prescribe the disposition of University and other lands, approved March 11, 1844,

The foregoing referencee shew the legislation of this state, as it is not discovered that any act was passed at the session of 1845.

By reference to the annual reports of the Superintendent of public instruction, embracing the report of the board of regents to him, much important information may be obtained, as well as admonition gleaned from past legislation.

The superintendent, under date of Dec'r 27th, 1837, (see House Document No. 5, dated January 9th, 1838,) shews that the interest which fell due and was payable in July and August, 1838, amounted to the sum of $10,881 32; the legislature, however, of 1838, relieved the debtors of this interest fund, and notwithstanding the large amount