tion was asked were formulated, the more important of which were some provision for raising a military fund, and a restoring of the provision for courts-martial and courts of inquiry, which had been abolished by the act of 1846. The Legislature, at its session of 1859, responded to this memorial by Acts No. 54 and 169. A military fund of $3,000 per year was provided for, and also a State military board, with other changes designed to add to the efficiency of the service. The volThe volunteer uniformed companies went practically out of existence during the early days of the war. They formed the nuclei for the organization of the active force which took the field in behalf of the government in response to its call for troops.

The Legislature, at its special session in 1862 (Act. No. 16), revised the militia laws. The uniformed companies that had before been known as the "acting militia" were given the name of "State Troops." The offices of adjutant-general and quartermaster-general, which had been discharged by one person, were made separate, and the office of inspector-general was created. It was provided that the State Troops should have "so many parades, encampments and other meetings of instruction, and full dress parades in each year, not exceeding ten full days, as may be prescribed by the State military board." One or more camps were authorized to be held each year, to continue not more than five days. The necessary expenses of transportation were to be paid by the State, and thirty-five cents per day to officers and privates alike for subsistence. The adjutant-general (Gen. John Robertson), in a special report to the governor, November 27, 1866, states that up to that time only three companies had been mustered into the service under the act of 1862. In 1872 nine companies were reported. In 1874 there were two regiments of eight companies each, which had increased to three regiments in 1876. In 1886 there were four regiments of eight companies each, forming a brigade, with a total force of 2,489. In 1898 there were the same number of regi

ments, but two of them with twelve com-. panies each, making forty companies in all, being the statutory limit.

Prior to 1860 regimental encampments had been held, but somewhat irregularly. After the close of the war the force did not reach a point in numbers calling for such an assemblage until in the early seventies, when regimental encampments were held at different times and places during the decade. Begin ning with 1880, brigade encampments have since been held each year, except in 1881 and 1885. In the former year, instead of the encampment, six companies were detailed to attend the centennial celebration at Yorktown, Va., commemorative of the surrender of the British force under Cornwallis, October 19, 1781. In 1885 the encampment was deferred in apprehension of some disturbances in the State at which the services of some of the force might be required. force might be required. The first brigade encampment was held at Kalamazoo in 1880. Since that time these encampments have been held at Island Lake, a point on the Detroit, Grand Rapids & Northern railroad, near Brighton (omitting 1881 and 1885, as above), except as follows: 1888, Mackinaw Island; 1889-90, Battle Creek; 1891, Whitmore Lake.

The State troops have been called out to guard against popular disturbances on several occasions. The first was in 1877, during a general prevalence of unrest throughout the country. Regiments were ordered into camp at Jackson, Grand Rapids and Detroit. The order was simply to go into camp, without reference to the possibility of their active interference being required (as it proved not to be), but the precaution doubtless averted violence that would very likely have followed some acts of lawlessness that had been committed. In July, 1885, in consequence of disturbances threatening possible violence in the Saginaw Valley, four companies, at the request of the sheriffs of Saginaw and Bay counties, were ordered by Gov. Alger on duty in that locality. In 1894 similar disturb ances in Gogebic county induced Gov. Rich

to order a rendezvous of four companies at Ironwood. Fortunately, in neither case, was the active interference of the military called

for.

Act No. 198, Public Acts,. 1893, made a number of changes in the law of 1862. The "State Troops" (so denominated by the lastnamed act), are, by the act of 1893, to be known as the "Michigan National Guard," and a per capita tax of four cents on each inhabitant of the State is provided, in place of fifteen cents on the voting population, as by

the prior act. The National Guard seems to have been effected by the Spanish war very much as the volunteer militia were by the civil war. The adjutant-general, in his report for 1898, says: "The National Guard, as it existed at the outbreak of the Spanish war, does not now exist. It must be built up again de novo. Of the members of the National Guard on the rolls, it was found, upon examination, when they were called upon for service in the field, that twenty-three per cent. of them were physically unfit. The adjutant-general recommends "a complete and thorough reorganization of the National Guard, to the end that only those free from bodily defects and mental infirmities may be come members."

By Act No. 184, Public Acts, 1893, the organization of a naval force as part of the

military equipment of the State, is authorized. It provides for the enrollment of those engaged in the commercial marine, similar to that required as to the land forces, and they are similarly classified. Those unconnected with any corps are to be known as the "reserve naval militia," and the organized force is to be known as the "Michigan State Naval Brigade." The provisions of the act follow, as nearly as may be, the same lines as the law Three companies governing the land forces.

or divisions of the naval militia have been organized-two at Detroit and one at Saginaw. The naval militia made a record in the war with Spain, which is noted under another head.

John E. Schwarz was appointed adjutantgeneral in 1836 (the first under the State government), and held the place for four years, until the political revolution of 1839-40. He was reappointed in 1844, holding the place until 1855, when he was retired by another political change, but having served in all fif teen years. John Robertson was appointed in 1861, serving until the time of his death in 1887, a continuous service of twenty-six years. No apology is needed for mentioning these two veterans, where it would be impracticable to enumerate other officers of the State militia.

Whatever interpretation may be given to the clause of the ordinance of 1787, which speaks of "religion, morality and knowledge," the pledge and solemn injunction that "schools and the means of education shall forever be encouraged,” has been scrupulously observed, both by Congress and by those who have been called to administer the affairs of the States concerned.

Liberal grants of land have been made from time to time by Congress for the endowment and support of universities, colleges and schools. The University of Michigan was established by act of the governor and judges of the territory, although not definitely located and organized until a later day by the State. Acts granting charters to local colleges and seminaries form a prominent feature of early legislation under the State government, institutions of this class, however, having largely given place to the modern high school, which covers a much wider field. The act of 1805, organizing the territory of Michigan, reaffirmed the provision of the ordinance, and the territorial authority, as early as 1827, enacted laws for the establishment of schools in accordance with the intent. In 1828 Congress placed the school lands under the super vision of the governor and council, to protect and lease, so as to make them productive. The act of Congress of June 23, 1836, making certain propositions to Michigan as conditions of her admission into the Union, declared: "That section numbered 16 in every township, of the public lands, and where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may

be, shall be granted to the State for the use of schools." The constitution of the State declares: "The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the State, for educational purposes, and the proceeds of all lands or other property given by individuals, or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation." Another provision of the State constitution largely augments the primary school fund through specific taxes received from corporations. Through the measures enumerated (and others that might be mentioned), it will be seen that the early condition is being religiously fulfilled, with an added and accumulating interest. (speaking in a financial sense), as if in gratitude for the wisdom and foresight that imposed the beneficent obligation.

The first constitution of the State (1835) contemplated the organization of the educational forces into a complete system. The appointment of superintendent of public instruc tion was provided for. While the superintendent has a general supervision of all educational institutions in the State, the primary schools (which include as well the graded and high schools) are the more especially under his superintendence. The first superintendent was Rev. John D. Pierce, a minister of the Congregational church and a man of broad and comprehensive views. The act of the Legislature defining the duties of the superintedent, required him, among other things, to submit to the Legislature “all such matters relating to his office and the public

schools as he may think proper to communithink proper to communicate." The duty was devolved upon him of preparing a system for common schools and a plan for a university and its branches. In his first report to the Legislature he submitted his plan, which defined the rights, powers and duties of school districts; the duties of district officers, of township officers, school inspectors and townships; proposed the establishment of libraries, and plans for school houses; the

establishment of academies as branches of the university, and a method of organization for the university. The officers of the system proposed for school districts were moderator, vice-moderator, director and assessor, and three township school inspectors, with the township clerk as clerk of the board.*

*Public Instruction and School Law-F. W. Shearman, Supt. Pub. Inst., 1852.

Act of Congress, 1804-Judge Woodward's Pedantic Scheme Second Act of Establishment, 1821Branches—Local Academies―The Branches Aban

doned.

The University, as standing at the head of the educational structure, is properly given first place under the general head, "Education." The initiative of the University may be traced to the Act of Congress of 1804, by which a township of land was reserved to each of the divisions of the Northwest Territory, as prospective States, for seminary purposes.

The first act looking to the establishment of a university in Michigan was by the governor and judges, in the year 1817. The act was drawn by Judge Woodward, one of the judges of the territory, a pedantic personage, with a fondness for airing his Latin. To the mind accustomed to the use of plain English in the affairs of life, the phraseology of the act is ludicrous, to say the least. The docu

ment is reproduced in the University SemiCentennial (1887), with note, stating the copy as published* has "apparently many errors of transcription." The University copy is said to be "an exact transcript of the draft in the handwriting of Judge Woodward, now preserved in the University library." Any verbal variances between the two copies may perhaps be accounted for on the theory that the act as adopted differed more or less in its wording from the manuscript copy.

But little progress was made in the establishment of the "Catholepistemiad," beyond

*Public instruction and school law, 1852.

the erection of a small building and the opening of a school, nor is there any record that the lottery authorized by the act ever materialized. That a lottery should at the time be deemed a legitimate means of promoting a higher education in which religion was to play a prominent part, stands in contrast to the sentiment of the present time, when lotteries are outlawed by both the State and national governments.

In 1821 the Woodward scheme was supertitled "An act to establish a university." The seded by act of the governor and judges, eninstitution was to be located in Detroit and to be under the management of twenty-one trustees, of whom the governor of the territory, for the time being, should be one, the others The corporate name of the institution was being appointed by the governor and judges. "The Trustees of the University of Michi

gan," and they were empowered to establish, from time to time, such colleges, academies and schools, depending upon the said University, as they may think proper, and as the funds of the corporation will permit." They were given control of the land grants, and were empowered to receive gifts or dedications of money or property. The work begun under the Woodward act was continued under the new regime, but with no great progress. Some local academies may have been established, which subsequently became branches of the University. There was at Pontiac a two-story frame building, with a cupola, known as the Academy, in which a school was

taught, presided over by Prof. Geo. P. Will iams, subsequently and for many years an honored member of the faculty of the University. This school was in operation in 1837 (if not earlier), and must have antedated the organization of the University under a board of regents, and its establishment at Ann Arbor in the year mentioned. There was also a There was also a building at Ann Arbor, the counterpart of the one at Pontiac, and similarly designated, with manifestly an equal antiquity. Whether these buildings were the work of the trustees under

Organic Act of 1837-Located at Ann Arbor-Proposed Separate Departments for Females-State Loan for Building Purposes-First Opened in 1842 -The First Professorships-Financial Embarrassment-Elements of Hostility-First Graduating Class-Dismissal of Members of the Faculty -Professor Ten Brook's Work.

The real history of the University dates from the year 1837. By the organic act of that year, the government by trustees was superseded by a board of twelve regents and a chancellor, to be appointed by the governor, by and with the advice and consent of the Senate. The chancellor was made ex-officio president of the board. From the language From the language of the act it would seem that the chancellor was to be appointed in the same manner as the twelve regents, but by a subsequent section the twelve were to be classified by equal divisions, to serve one, two, three and four years, and there is no further mention of the chancellor in the act. The governor, lieutenant-governor, judges of the Supreme Court and the chancellor of the State were made exofficio members of the board. The "chancellor" first spoken of should not be confounded with "the chancellor of the State," an officer standing at the head of the Court of Chancery, subsequently abolished. On March 18, 1837, the names of twelve persons as regents were sent to the senate by Gov. Mason, but there is no mention of a chancellor. The organic act was approved and went into effect. March 18, 1837. By a subsequent act, March

20, the location of the University was fixed at Ann Arbor, and by a still further act passed at the special session, June 21, it was provided that the chancellor should be elected by the board of regents (not being one of their own number), and that they should have power to prescribe his duties. The Governor was also made president of the board, and in his absence the board was empowered to elect one of their own number president pro tem. From this action, it is not altogether clear what the functions of the chancellor were to be-possibly such an officer was looked to prospectively as the executive head of the several departments when they should be organized. The discussion or mention of the matter is perhaps unimportant except as a reminiscence and as bearing upon a slight tempest subsequently raised, and to which reference is made farther on. Three departments of the University were provided for: That of literature, science and the arts, of law, and of medicine. A provision that will read a little. curiously at this time contemplated, that in connection with each branch of the University "there shall be established an institution for the education of females in the higher branches of knowledge, whenever suitable buildings shall be prepared." The manifest intent being that the branches being for males only, a separate institution, though under the same management, should be provided for females.