Year: 1863

sarily impair the evidence it is desirable to
have perpetuated, l attempted to organize
Board under the act and rendered to
three several gentlemen place on the
Commission. But they in every case de-
clined serving, for the reason that they did
not deem the per diem Of three dollars in
State scrip sufficient compensation for
the services to be rendered, and for SO brief
period of time as to the first of January.


Under these circumstances l would re-
spectfnlly refer the subject for your further
consideration, with these suggestions In Or
der that the evidence may be perfectly digest
ed, methodized and arranged, so as to secure
respectful examination of the report when
it is made, it seems advisable that the
President, at least, of the Commission
should be gentleman of experience in the
practice of the courts of law, who should
be properly compensated for his services.


The space of time allowed for the ex-
istence of the Board was quite too brief in
which to gain the full, matrue and thorough
information contemplated by the act, or
for that faithful examination of their cases,
which in justice, is due to the surviving
unfortunate sufferers, who have been bereft
of friends and deprived of property.


l would therefore suggest, if it should
be deemed advisable by the Legislature to
take any further action on this subject and
provision should be made for the appoint
ment Of Commissioners, in view of the
limit of country over which they would
have to extend their inquiries, that they
should not be restricted to less period of
time than three months, in which to per-
form their labors.


PRE-EMPTIONS ON SCHOOL LANDS.


The questions long depending between
the State and National Government rela-
tive to pre-emptions upon school lands.
have at length been determined adversely
to the position maintained by the Attorney
General.


However the law may be which con-
trolls the case, there can he no doubt that
to the great public interests involved in the
preservation of the school fund, the result
of the doctrine announced by our courts
cannot be otherwise than disastrous.


The decisions of the Registers and Re
ceivers of the local land Offices are held
conclusive, and every pre-emption, although
accompanied by the grossest fraud and per-
jury, is thus unassailable by the State in
the ordinary legal tribunals of the land.


This decision as observed by the Attor-
ney General, is likely to open the door to
a system Of frauds that will menace the
entire public domain.


In view of the vital Importance of the
questions involved, it seems desirable that
they should be fully investigated and de-
termined, by the highest legal tribunal of
the nation. [ have therefore advised the
Attorney to take the case, by writ of error
to the Supreme Court OF the United States.
An appropriation to meet the expenses at
tendant upon the conduct of the suit in
that court will be necessary.


In this connection, and in view of the in
creasing encroachments upon the school
lands from this source, I earnestly recon-
mend to the Legislature the passage of
memorial to the Congress Of the United
States, prayiug for the repeal Of the Joint
Resolutions of March Sd, 1857, authorizing
the pre-emption of school lands by parties
settling thereon prior to the survey, or
modification of the provision so as to ex-
cept the school lands within the territorial
limits of this State from the operation
thereof. Although it may be true, that in
rare instances these resolutions have af-
forded merited relief to honest and indus
trious settlers yet in the majority of cases
it is believed they have only afforded op-
portunities for the practices of the dishon-
est and corrupt.


1t is at least certain that if it be true,
that party by the mere filing of false
affidavit Of settlement with ministerial
officer may with impunity rob the State of
the fairest portion Of her domain, the
dangers to the public interest are by no
means compensated by the rare instances
of private relief which may, as they occur,
be with equal facility reached by the inter-
position Of the Legislature.


PUBLIC INSTRUCTION.


1t is very desirable that there should be
greater uniformity in the several counties
and districts of the State in the decision of
questions arising out of the school, revenue
and tax laws. AS in my judgement the
publication Of the opinions of the Attor-
ney General given on those topics would
contribute very greatly to such a result, l
would respectfully suggest that an annual
appropriation be made for that purpose.
A more general compliance with the re-
quirements Of law, on the part of County
Attorneys, it is hoped will, in the future,
furnish us with the full and complete GRIM
inal statistics so essential to the Legislator
in the intelligent discharge of his duties.


The report of the State Superintendent
of Public Instruction is respectfully sub
mitted for your consideration.


The inability of this Department ever
since its formation, to present reliable ta-
BILE of statistics setting forth the condition
of the Common Schools of the State, is an
annually recurring s0nrca of vaXation ari-