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other, that they might fail to perform to the full extent, the duties required of them under the Constitution.

After much reflection and deliberation, they re-enacted the law above referred to with some slight alterations. It took effect on the first day of March last, and under it our school system has operated as successfully as we could reasonably expect in view of a change from a system with which they were familiar, to one ma terially different in its essential features. Objections have been made to some of its provisions, but in the main it appears to have given satisfaction.

The Board at their recent session held in December of last year, made a variety of amendments, which they believe will remove all valid objections.

Under the provisions of the Constitution, all laws passed by the Board of Education are subject to alteration, amendment or repeal by the General Assembly. The law as amended will be laid before you for your consideration; and it is earnestly hoped that you will only make such additions to it as you may deem essentially necessary to give it vitality without materially changing its provisions.

Repeated and radical changes in our school laws, though sometimes necessary, are always attended with temporary inconvenience, and frequently with serious injury; and hence it is particu. larly desirous to avoid them unless they are indispensable to the prosperity of our schools.

Popular education is one of the most important interests of the State. A much greater number of the people are personally identified with its failure or success than with any other subject of legislation. It is scarcely necessary, therefore, that the utmost precaution should be observed in anything you may deem it your duty to do for the promotion of this great object; and in this sentiment I am fully persuaded that I have your hearty concurrence. It is all important that the school laws should be considered and acted upon definitely and finally at an early day of the session, in order that they may be published and distributed in time for the school district elections in the spring. Their circulation in pamphlet form should not be restricted to school officers, but should be sent broad-cast among the people, in order that they may become familiar with their provisions. At least every head of a family should be supplied wite a copy. We have over one hun

dred thousand voters who are interested in our school district meetings, and to enable them to become familiar with their duties and obligations, the school laws should be circulated exclusively among them.

The subject of discontinuing the Board of Education has been discussed by some of our public journals. While I much regret the unfortunate position in which we are placed by the educational provisions of our Constitution, I should seriously question the expediency of such a measure at present. The Board have endeavored faithfully to perform the responsible duties imposed upon them, but at nearly every step, they have been tramineled by constitutional restrictions, and hence their legislation has not been such as it would have been if they had been clothed with full and exclusive authority to enact all laws for the government and support of our common schools.

But it should be remembered also that they possess, under the Constitution, the sole power to originate all laws exclusively educational in their character.

The Constitution provides that the General Assembly shall have power to abolish or re-organize the Board of Education at any time after the year 1863, and as another session of the General Assembly will transpire before that time, any legislation on the subject at present would certainly be unwise and premature, and would probably render our whole educational system still more complicated than before.

FIVE PER CENT FUND.-Our admission into the Federal Union

transpired in the fall of 1846. At this time there were very few outstanding military land warrants. A part of the compact of admission was, that in consideration the government lands should not be taxed by us, the State should receive five per cent upon the net sales of the lands within her chartered limits. Upon the cash sales we are and have been receiving this fund; but upon all entries made with military land warrants, the five per cent is denied us, upon the ground that such entries are mere bounties, and not sales. In February, 1847, three or four months after our admission into the Union, Congress passed an act offering one quarter section of land to every private, musician, and non-commissioned officer who would enter and serve a given period in the Mexican war. This war closed about the time that our best lands were being brought into market; vast numbers of these warrants were issued, and were

located in this State, absorbing a large proportion of our best lands. As they formed a part of the contract of enlistment, they could not have been withheld by the government without an act of bad faith; not so, however, if they were in fact only bounties. But they were issued in discharge of a consideration that had been given in the form of military services, and their subsequent redemption in land, constituted a sale in the sense of the law as well as the compact. Such is the opinion of the best jurists in the country. I have appealed in vain to the Secretary of the Interior for the payment of the five per cent upon these warrants, that now approximates to a million of dollars. On going to Washington to institute a suit in the Court of Claims, as I was directed to do by a joint resolution adopted at your last General Assembly, I was strongly dissuaded from doing so, for the reason that it would be a useless expenditure of money-that the decisions of that Court settled nothing-that they were only equivalent to a report made by a committee of either House of Congress, and were as frequently overruled-that the relief after all must come through Congress. Eminently unjust as is the non-payment of this fund, for the reasons assigned, Iowa is not the only party complaining. Other western States stand in the same category, but not so largely implicated. They propose to abide their time till after the next federal census and apportionment, which will give the west some eighteen or twenty additional representatives. My opinion is that we had better do the same thing.

The payment of this fund is not a mere favor which we are asking of the General Government, but a subsisting legal right which could be enforced in a court of justice, was there a tribunal of this kind clothed with the requisite jurisdiction.

SCHOOL FUND AND LANDS.-The agents employed to investigate the affairs of the different School Fund Commissioners in the State, found many irregularities and abuses in the official discharge of their duties, and in the counties of Alamakee, Chickasaw, Clarke, Decatur, Fayette, Jones, Madison, Mitchell, Story and Wapello, they discovered detalcations to an amount exceeding $20,000. Their reports, however, in some instances, were not entirely clear. and satisfactory, and probably may have done some of the officers injustice. The law makes it the duty of the County Judges in all such cases, to bring the matter to the notice of the District Attorney, for the purpose of instituting legal proceedings. I am of the

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opinion that the interest of the State School Fund would be better subserved by authorizing the Auditor of State or the Secretary of the Board of Education (Col. Benton,) to re-investigate the accounts of the School Fund Commissioners in the counties mentioned, with a view of ascertaining with greater certainty the real facts in each case; this being done, to clothe such officer with full power to arrange amicably with the defaulting Commissioner the amount found to be due, by allowing time and good security. If he should fail in this, then to supply the District Attorney with such a statement of facts, that he may proceed with safety, and with less liability to involve the State in cost. Indeed, it would be well to invest some officer with full discretionary power to settle all such cases in the method that will, with the least expense, protect the State against loss.

I had the honor, at your last regular session, to communicate to your respective bodies, the frauds and abuses alleged to have been practiced in Tama county in the sale of the 16th section. The law required that the land should be offered at public sales three different times, six months or more apart, before they shall be subject to private entry. In January, 1857, 3,200 acres were offered at public sale in said county, (being the first and only time they were so offered,) and run up to a high figure by fictitious bidders, as the charge was made, to prevent actual settlers from becoming purchasers. After the sale these bidders privately forfeited their bids -after which the parties for whom they acted, purchased the same at private entry at the appraised value thereof. If this was true, the sale was a fraud upon, as well as a clear violation of the law, and consequently void, and I so directed the County Judge to declare them, which he accordingly did. I have since learned that some of these pretended purchasers were unwilling to have their lands so treated, and would contest their titles with the State, while others would give them up if their money could be refunded with interest. As the executive officer of the State, it was my duty to insist upon a strict observance of the law. It is quite competent for you to do otherwise, and in view of the altered condition of things in the State, the fall of property, &c., I would now recommend the passage of a law that should legalize these sales, and vest in the several purchasers the legal title to the lands in question, with the privilege, however, to such as desire it, to surrender back the land to the County Judge, upon being reimbursed the

money paid, with interest. This option should be given, for the reason that the sale had been declared void by me, and some of the parties may have made other arrangements. Such a disposition of this difficulty would obviate the expense and vexation of law suits, and at the same time, under all the circumstances, further the interest of the School Fund.

500,000 ACRE GRANT.-In the selection of these lands the agents employed returned an excess of 22,660.03 acres, which by some mistake was approved and entered upon the tract books both in the General Land Office at Washington, and upon our own books in the Register's office.

I was urged, and learned my predecessors had been, to return back to the General Government a list of lands to be taken from the original selections, properly described, that should be equal to this excess. Upon very full enquiry, I found that this could not be done without interfering with the rights of innocent purchasers, that the entire grant, including a part of this excess, had already been sold, leaving about 13,918.25 acres undisposed of. Perceiving no good reason why this last amount should not be given back, a list containing a proper description of the same was duly returned, and an arrangement was made with the Commissioner of the Gen eral Land Office, to the effect that the residue of this excess (8,745 acres) should be confirmed to the State, and that from her five per cent fund an amount should be retained sufficient to pay for the same, at $1.25 per acre, being $10,931. This adjustment is a favorable one for the State, and it is to be hoped that you will ratify it by the passing of an act that so much of the five per cent fund may be retained by the General Government, as shall be necessary to carry out the settlement so made, and that the title of the 8,745 acres may vest in the State; it will also be necessary for Congress to pass an act confirming this settlement for the consideration named, to which the attention of our Representatives should be immediately called.

DES MOINES RIVER GRANT AND IMPROVEMENT.-For years this grant has been held to extend to the source of the river. Re cently the government authorities have decided that it is limited in its extent to the Raccoon Forks, and refuses to certify any more lands to the State north of this point. The Hon. Charles Mason was appointed a Commissioner by the last General Assembly, to procure, if possible, the residue of this grant to be certified to the

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