1846.

No. 10.

Report of the Committee on Public Lands.

Mr. Howell from the committee on public lands, submitted the following report:

The committee on public lands to whom was referred so much of the Governor's annual message as relates to the public and mineral lands, have had the same under consideration, and as the attention of the legislature, was by the said message particularly called to the subject of the mineral lands in the Upper Peninsula, the committee have deemed it advisable to give that portion of the subject referred to them a separate consideration.

The importance and inineral wealth of that portion of our state included in the Upper Peninsula, has for the past year occupied a large share of public attention, and sufficient examinations have been made to justify the belief that in copper and silver it is the richest and most extensive mineral region in the United States, if not excelling any known to the civilized world.

The working of these mines thus far, has been by individual enterprise, under the authority of leases granted by the war department of the general government.

As these lands are situated within the acknowledged limits of Michigan, and as all questions relating to them may directly or remotely effect her interests, jurisdiction and sovereignty, the committee think the whole subject should now be presented for the consideration of our own state government,

The power of the federal government to treat with the Indian tribes and to purchase their lands, is a power granted by the constitution of the United States, but the disposition of those lands can only be regulated by law.

The various laws on the subject of the public lands, relating to their sale and disposition and the reservations of mines and minerals, are to be found in the proceedings and laws of Congress from the year 1785, down to the present time, the first of which was an ordinance passed by the old Congress on the 20th of May, 1785, to as

certain the manner of disposing of the lands in the then Western Territory, and which provided that "there shall be reserved the lot No. 16, of every township for the maintainance of public schools within the said territory; also one third part of all gold, silver, lead and copper mines to be sold or otherwise disposed of as Congress shall hereafter direct." These provisions were applicable to all that part of the United States and its territories not included in the original thirteen states to which the Indian title had been extinguished, the same being at the time a territory proper of the United States. The control over the lands, mines and minerals could not be questioned in any part that remained a territory of the United States, as attached to the sovereignty of the federal government.

It is a position universally claimed, and as universally conceded to have been settled by the principles of the common law and the acquiescence of all independent sovereignties, that gold and silver and the baser metals with which either is connected, within the territorial limits of an independent government, attaches to, and belongs to such government by virtue of its sovereignty, saving the rights of individuals acquired therein.

The states of this union, separately considered, are absolute sovereignties, independent of each other, and of every other government or country. As a federal compact they have delegated certain powers to the general government, which are defined by the constitution, and all powers not thus delegated, are "reserved to the states respectively, or to the people.".

The right to lease the public lands within the territorial limits and jurisdiction of a sovereign state, is not a right delegated to the federal government by the constitution, or reserved by the consent of the states or the people, and is in contravention of the provisions of the act of 15th June, 1836, admitting Michigan into the Union," on a footing, equal in all respects with the original states."

Not only is it inconsistent with the provisions of the constitution and the act admitting Michigan into the Union, but no law of Congress since the ordinance of 1785, above referred to, has claimed the right, exercised by the federal government in the matter now under consideration, relative to copper, or the other minerals, except lead and salt springs. That ordinance, so far as regards minerals, was