proceeds of future sales to the education of American children.

So far as these resolutions recognize the title of the General Government to the public lands, and the right of Congress to distribute the proceeds of their sale among the several states, they coincide with the views maintained by the Committee in the former part of this report. But the Committee think that the purpose for which the states are to be allowed to appropriate the money is too limited, and that the sale of the lands at the reduced prices evidently contemplated by the resolutions, would for the reasons already stated, be an injudicious proceeding. They have no doubt that the time will come, when some portions of the land must be sold for less than the present minimum price, but this object is too insignificant to be put in competition with the danger of disturbing the existing land system. They therefore respectfully recommend, that this Legislature do not concur with the State of Tennessee in the measures recommended by these resolutions.

The Committee however, are of opinion, that something should now be done by this Commonwealth in relation to this subject. They believe that the attention of our own citizens ought to be excited—that all proper legislative action should be adopted-and every suitable exertion made to procure the co-operation of other states, whose interests are identical with our own. In this way, we may reasonably hope to obtain from the National Legislature an acknowledgment of our just claims, and ultimately succeed in effecting an arrangement, which shall secure the rights and interests of every portion of the Union.

For this purpose, and in view of the various considertions embraced in this report, the Committee would

close their labors by respectfully recommending to the Legislature, the adoption of the resolutions which are herewith submitted.

All which is respectfully submitted.

For the Committee,

D. WELLS.

Resolved, That as the public lands of the United States were acquired either by cessions from the several States, for the general benefit, or by purchase by the General Government, from the common funds, they ought to be regarded as the property of the whole United States; and no State has an exclusive title or peculiar interest in any portion of the same.

Resolved, That Congress is trustee of the public lands, for the equal benefit of all the States—and, as such trustee, cannot, without a violation of duty and moral obligation, make any partial disposition of the same; and that a surrender of these lands to some of the States, without any, or for an inadequate consideration, would be an infringement upon the rights of the

rest.

Resolved, That the present land system combines, to every attainable extent, security of title, cheapness of price, certainty of boundaries, and choice by the purchaser, of soil and climate-and being in successful operation, ought not to be disturbed.

Resolved, That this Legislature disapprove of the several plans which, have been proposed, for reducing the price of the public lands; inasmuch, as the price of land is now so low, as to put it in the power of every industrious citizen to purchase a farm-and as the vast quantity of land in the market, and not the quality of the soil, is the reason why so much of it remains unsold.

Resolved, That this Legislature approves of the bill which passed both Houses of the Congress of the United States, for the distribution of the proceeds of the sale of the public lands, among the several States, in proportion to their representative population, and that our Senators be instructed, and our Representatives requested, to use their exertions to procure the passage of this bill into a law.

Resolved, That His Excellency the Governor be requested to transmit a copy of these Resolves, and the Report preceding them, to the President of the United States, the Governors of each of the States and Territories, and to each of the Senators and Representatives of this Commonwealth, in Congress.

CHAP. XCV.

A Resolve in favor of Daniel Austin.
March 28, 1833.

Resolved, That there be allowed and paid out of the treasury of this Commonwealth, to Daniel Austin, the sum of eighty dollars, for his attendance as a member of the House of Representatives, froin the town of Brighton, at the present session of the General Court; and that a warrant be drawn accordingly.

RESOLVES

On the Governor's Retirement from Office.

Commonwealth of Massachusetts.

HOUSE OF REPRESENTATIVES, MARCH 19, 1833.

The Joint Select Committee, appointed to consider so much of the Governor's Address as announces the determination of His Excellency to decline being a candidate for re-election, have attended to the duty assigned them, and ask leave to submit the following

REPORT.

The members of the Legislature are aware that, previous to the time when the present incumbent entered upon the functions of Governor of the Commonwealth, it was customary for the General Court to render a formal response to the address or message which might proceed from the Governor for the time being, at the commencement of each political year. This usage was discontinued, with the ready concurrence and approbation of the present incumbent, for reasons unnecessary to be detailed in this place, which have commended themselves ever since to the imitation of each succeeding Legislature. And your committee do not propose a revival, on this occasion, of the ancient practice; but considerations

applicable to that portion of the Governor's Address which they have in charge, appear to them to suggest and sanction some departure from the ordinary course of proceeding, in regard to the communications of the Executive.

It has been the fortune of the present incumbent to hold the office of Governor for a greater number of years consecutively, than either of his predecessors. Whilst favored with such reiterated proofs of the particular confidence of those among his fellow citizens, with whom as constituting a party in Massachusetts, or the United States, he stands in more immediate relation, it has also been his fortune to enjoy the general respect of the people of the Commonwealth. Having administered the affairs of the government during so long a period, with dignity, purity, and honor, he now announces to the Legislature his resolution to withdraw from the responsible and important station of Chief Magistrate, and to resume the condition of a private citizen. Your committee deem it alike due to the Governor, to the Legislature, and to the Commonwealth, that in these peculiar circumstances he should carry with him into present retirement, an expression of the opinion which the Legislature entertain of his official services and character. Your committee therefore recommend to the Legislature, the adoption of the following Resolutions.

For the Committee,

CALEB CUSHING.

63