REPORT OF THE COMMITTEE ON PUBLIC LANDS. To the President of the Senate:

SIR:-The committee on public lands, to which was referred so much of the Governor's message as relates to the lands belonging to the state, with the report of the Commissioner of the Land Office, have had the same under consideration, and submit the following report:

The committee would recommend that the Commissioner of the Land Office be authorized to sell section 16 in township 5, south of range seven west, and have prepared a bill for that purpose.

By a resolution of the Senate, adopted January 20, 1848, the committee were instructed to enqnire into the expediency of providing by law for the sale of the salt spring lands.

The Congress of the United States has vested full title to said jands in the state, and therefore the committee believe the legislature should provide for their being brought into market at an early day. These lands were selected with care, and are mostly valuable for agricultural purposes.

They are situate in eligible locations for cultivation and improvement, and for quality of soil, are not surpassed by any lands in the

state.

The committee believe it does not require any labored effort to satisfy the Senate of the wisdom and policy of selling these lands.

The people of Michigan feel a deep interest in the financial concerns of the state, and are expecting the adoption of all measures by the legislature which will have a direct tendency to increase the amount of her assessments, and to develope her rich agricultural resources, thereby to provide the only sure capital from which to pay interest and principal of our publie debt.

In connection with the sale of these lands, it may not be deemed improper in the committee to call the attention of the legislature to the disposition of the money which will be received for them It devolves upon the legislature to determine what shall be done with the proceeds of these lands. There is no particular purpose to which they are appropriated in the grant, as in the case of the lands granted for internal improvement purposes.

There are many objects to which the money arising from the sales of these lands might be applied, with great justice, and productive of great benefit to the people. It is suggested by some that these moneys might be appropriated to the establishing and supporting of select schools or academies in the different counties in

the state.

Such a purpose is commendable, and such a disposition of said moneys would be productive of great good to such of the youth of Michigan as could avail themselves of the advantages afforded by such institutions.

Others recommend that the proceeds of said lands be donated to the common school fund. By such a disposition of the proceeds, all of the children of Michigan would be equally benefited.

The committee believe they duly appreciate the very great advantages which would be derived from such institutions, in the different counties in the state, as would afford instruction in the higher branches of education. Yet they deem it an imperative duty of the legislature, to omit no opportunity of enlarging the means for the education and improvement of that portion of our youth who may not be able to participate in the superior advantages which these academies afford.

Of the two projects above named, your committee are decidedly in favor of donating the proceeds of these lands to the primary school fund.

There is, however, another subject of serious importance to the people of Michigan, which should commend itself to the attention of the legislature. The committee allude to the establishment of assylums for the blind, the deaf and dumb, and the insane. It is due to her own character, to the humanity of her citizens, that the people of Michigan should no longer neglect zo important a duty

as that of providing a comfortable home and proper instruction for that class of our fellow beings who have been so grievously afflicted.

The committee have deemed it their duty to suggest to the legislature the propriety of appropriating the sales of these salt spring lands to the erection of suitable buildings for these unfortunate classes, and for the procuring for them the proper care and instruction.

There are 72 sections of salt spring lands belonging to the state, making an aggregate of 46,080 acres, which, at $1 25 per acre, give $57,600, a sum which would be ample for many years, to secure these humane and benevolent purposes.

The committee feel that they cannot too earnestly recommend this subject to the attention of the legislature. Here is an opportunity presented of discharging a high, responsible duty, without increasing the burthen of taxation.

It cannot be doubted but the people of Michigan have ever intended to establish and maintain these charitable institutions, just as soon as in justice to other and perhaps paramount duties, their ability would enable them to provide the necessary means.

The committee, therefore, cannot but believe that such a disposition of the proceeds of these salt spring lands, as would accomplish these humane and charitable purposes, would meet the approbation of the tax payers of Michigan.

In disposing of the salt spring lands, the legislature should not be unmindful of the fact that upon many of them settlements have been made, and in many instances a long time previous to their being selected by the state, and would respectfully recommend that a liberal provision be made for those who settled upon these lands in good faith.

From the best information the committee can obtain, they believe such settlements have, in no instance, tended to the injury of any of said lands, but on the contrary, probably, in every instance have increased the value of the unsettled portions by calling the attention of the public to their productiveness and eligibility for settlement and improvement.

With a view to provide for a sale of said lands, and to secure the

just rights of those who have made settlements upon the same, your committee have in preperation a bill, which, at an early day they will introduce for the consideration of the Senate.

The attention of the committee has been called to the recommendation of the Commissioner of the Land Office, that a bridge be built across Grand River, in Michigan Avenue, and concurring in the recommendation, will prepare a bill for that purpose.

Such lands as have been donated to the state by Townsend, your committee recommend be considered state building lands, the proceeds of which be applied to reimburse the general fund for monies appropriated and expended for building the capitol.

RIX ROBINSON, Chairman.

No. 6.

1848.

To the Senate of the State of Michigan:

In obedience to a resolution of your honorable body, I have the honor to lay before you my opinion upon the constitutionality of chapter 94 of the revised statutes of 1846.

The constitution of the State provides that no person shall be held to answer for a criminal offence unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, &c. The revised statutes, chapter 94, give power to any justice of the peace to hear and determine without presentment or indictment of a grand jury, all cases of simple larceny under twenty-five dollars; cases of simple assault and battery, and various petty statutory misdemeanors; and the question referred to me is, in substance, are these enactments or any of them inconsistent with the constitution ?

At the time of the adoption of the constitution any two justices of the peace within their own county, had power to hear, try and determine cases of simple larceny where the value of the property stolen did not exceed twenty dollars, with power to sentence the offender to pay a fine not exceeding twenty dollars; they had, also, jurisdiction in certain cases for receiving stolen goods; cases of embezzlement by apprentices and servants; and also over a long list of cases for malicious injuries to real and personal property, with the same limitation, according to my view of these enactments upon their power of awarding punishment, that is, a fine not exceeding twenty dollars. Laws of 1833. 451.

The first question which seems to arise is this, did the convention intend to limit the proceedings without indictment to the identical cases enumerated in the provisions of the law to which I have referred. I think they did not; and I think so, because such limitatation would be unfounded in reason and common sense. authority to hear, try and determine in a summary manner, any of

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