lands, that they shall have been offered for sale and that they shall have remained unsold. I do not perceive that we have any right to amend the law by inserting the additional limitation that they shall also have been subject to entry or sale at the minimum price. It might have been highly proper to have inserted such a provision, but of this, Congress was the exclusive judge. It appears to me that we must take the law as we find it; and that as the words are clear and explicit, there is no room for interpretation, and to my apprehension, scarcely any for reasonable doubt as to the legal effect of the enactment,' Confirmed in my own opinion by these opinions of the Attorney General, that these selections were legally made and that the State is now rightfully entitled to the lands so selected, I cannot but believe, that if the subject be examined and submitted to the Presi dent, what now remains of said lands, to wit, the 3,1737 acres, will be approved. 33 "Deducting the amount of the lands reserved and which I cannot doubt will be approved, there still remains due the State for the Western Reserve School Lands, 5,180 acres which I have to request the State may be authorized to select, as soon as convenient, as the Legislature has required that they should be brought into market immediately. To enable the Legislature to decide this question advisedly, if it shall still be decided that this selection cannot be approved, there will be needed something to show the location of the lands reserved. "I have, therefore, to request of the department, a description list of the 3,173 acres now suspended from sale. By a paragraph marked No. 3 in the communication of the commissioner, it appears that a letter was sent to this office under date of 8th February, 1837, informing the Executive of the approval of 29,403 acres; this paper clearly ought to be in this office, but it is not found here at this time. I have to request a copy of that communication." 8 In answer to this letter, a communication was received from the Secretary of the Interior, dated June 18, 1849, inclosing copies of the commissioner's letters to him of the 4th and 13th June. The Commissioner says in his communication of the 4th June, 1849: "In my letter to you on the 10th ult., on this subject, it was stated, that all of the tracts on the list referred to, were still vacant, having been withdrawn from sale or entry of every description since the year 1842, with the view of affording the State of Ohio an opportunity of having the said selections legalized by Congress. It now appears that an error was made by the Clerk who examined the tract books, in reference to this matter, and that some of the lands referred to have been sold and the entries patented under a special law of Congress. "The said entries were cancelled, in the first instance but subsequently patented as stated, under an act of Congress, approved 1st March, 1843, entitled an act for the relief of Joseph Hover, Abelard Guthrie, and Edmond Ogden. This latter fact escaped the notice of the Clerk making the examination of the tract books." The Commissioner in his letter to the Secretary, of June 13, 1849, says: "I cannot therefore think that it was contemplated by Congress, o accord to the State of Ohio, the privilege of selecting for school purposes within the said Reserve, lands which could not be entered by bonafide settlers thereon, with the view of securing their improvements." The Secretary says: "I concur with the Commissioner, in the opinion expressed, adverse to the right of the State to select lands in the alternate sections along the Wabash and Erie Canal." 48 Afterwards a communication was received from the Commissioner of the General Land Office, which after remarks upon the subject and stating the amount still due to be 8,354 acres, says: "Selections, however, to the patent of 1138,030 acres, which have been made by the State but not approved, as you were lately advised yet remain suspended, and have so remained since 1842, to afford the State an opportunity of having the same confirmed by Congress. Deducting this amount and the area of the S. W. qr. 24. T. 4 N. R. 6 E. (which is regarded as a valid selection, although it has not been approved as yet,) from the quantity to which entitled 7056 acres remain to be designated by the State of Ohio, for the purpose aforesaid. The Land Officers at Defiance and Chillicothe have been this day instructed to respect and report to this Office, such locations as may be made by the State of Ohio in conformity with law, for this purpose." It appears from the foregoing, that the amount of the original selections which was not approved, and is now due, is_._. Of this amount there has been disposed of by Department to this State, for Canal purposes and to individuals.. By special act of Congress to E. Ogden and others.. S. W. qr. Sec. 24, T. 4 N. Range 6 East, regarded as a valid selection.......... 5,020,3 8,354 acres. 2,035,0% 160 7,215,500 acres. Quantity suspended from sale as stated by the Commissioner of the General Land Office... 1,138,48% acres. Leaving the amount authorized by the Commissioner 0 of the General Land Office, to be selected in full acres 7,056 acres When these facts were ascertained, it appeared that the lands could not be placed in market during the summer as the time limited by the law for the action of the appraisers had expired, and more particularly for the reason that the 1138,4% acres remained suspended from sale, awaiting the action of Congress to confirm the sale, or the action of the Legislature to relinquish the claim of the State, in order that a new selection might be made. 0 On being informed that the lands were being fast located, it was believed to be the best policy to select the 7,056 acres before the quantity of lands from which the selections were to be made should be any more reduced. Accordingly, on the 15th of October, John Codding, Esq., of Medina county, was appointed agent on the part of the State of Ohio, to select said 7,056 acres with the necessary instructions, and was directed to report to this office and to the United States Land Office at Defiance. On the 11th day of December, said agent having completed his selections made report to this office, a copy of which is hereto attached, and from which it appears that he has selected 7,041,30% acres, being the nearest approach to the amount to be selected that the fractional sections and half and quarter sections would admit of. This report has been forwarded to the Department of the Interior with a request that the same may be laid before the President for his approval no answer has yet been received, but is daily expected. To this se The question is to be settled relative to the 1,138,08% acres, whether the State shall ask the action of Congress to confirm the selection, or whether the State will relinquish its claim to that selection, and be permitted forthwith to make a new selection in lieu thereof. lection there may be some legal objection not because it is within the alternate sections, but because nearly all of it is in less quantities than quarter sections, which was not permitted by the law. In view of the facts that there are some legal objections to this selection, and of the long delay that probably will be occasioned by waiting for the action of Congress in the matter, and the uncertainty whether that action may not be unfavorable, it would seem to me to be the better policy to waive the claim to this selection and make a new selection. I would, therefore, recommend that the Legislature authorize the Governor on the part of the State, to relinquish any claim to the selection of the said 1,128,0 acres of land, and ask authority to select others in lieu thereof. To enable the lands to be brought into market, some amendments will be needed to the legislation on that subject. 0 As the time for the return of the appraisers, to make their report, expired on the 1st day of July last, and the time fixed for the public sale has also passed, the law will require amendment in this respect, and the time for the action of the appraisers having expired by limitation, it may be necessary to appoint others or reaffirm the former appointment. All of which is respectfully submitted. January 30, 1850. SEABURY FORD. To His Excellency S. FORD, Governor of Ohio-Sir: By virtue of your appointment, and accompanying letters of instructions, dated October 15th, 1849, empowering and directing me to make selection of certain lands for the support of schools in the Connecticut Western Reserve, in conformity to a law of Congress, approved June 19, 1834. I have attended to the duties assigned, and made selections of lands designated in the following schedule, a copy of which I have delivered to the Register of the United States Land Office at Defiance, in the county of Defiance, Ohio: The entire quantity to be selected as per letter of instructions "is 7056 acres, or eleven entire sections." The amount actually selected is 7,041,3% acres, exceeding by one 134 acres, eleven entire sections, yet less by 14,8%% acres, the amount recognized to be due by the Commissioner of the General Land Office. 66 To approximate as near as could be done, and recognize the subdivisions known at the Land Office at Defiance, I selected the South East quarter of the North East quarter of section 20, T. 3 N., R. 8 E. All of which is respectfully submitted. JOHN CODDING, ANNUAL REPORT OF THE OHIO UNIVERSITY, For the year 1849. IN SENATE, Feb. 6, 1850. To the General Assembly of the State of Ohio: The annual report of the Ohio University, for the year ending December 31, 1849, is respectfully presented, as follows: 1. Statement of Receipts and Expenditures, &c. RECEIPTS. Received from back rents of 1843, '4, '5, '6, '7... $485 14 Paid president and professors' salaries, &c. .... $3,729 33 "expenses of meetings of the board and committees... "auditor, fees and salary. 44 20 110 31 "treasurer, fees, 3 per cent on $5,097 95 redeemed.. 152 93 secretary, salary..... 15 00 "collector, costs on re-entries.. 6 25 "for janitor's services, fuel, &c..... 183 22 "for chemical preparations, apparatus, &c. 56 02 |