retain a population of a character not to be desired, also deserved consideration. In the language of the memorial, "The great body of those who constitute the strength and basis of every government, and who are to be considered as the friends of good order and public improvement, are among those who are the owners as well as occupiers of the soil."

The memorial might have added, that this tenant element of the population, having the right of suffrage, exerts a pernicious influence on legislation, and procures the enactment of laws in the interest of the renter rather than for the good of the school fund.

The memorial proceeds to assert that the State has the power of disposing of these lands in fee, and this is maintained by a convincing legal argument; yet an act of Congress declaring the authority of the State of Ohio to sell the school lands, would be productive of benefit by removing every doubt.

Congress took no action in reply to this memorial. After waiting three years, the General Assembly began to provide for the sale of the school lands in the State. In January, 1827, three acts were passed: 1. To provide for obtaining the consent of the inhabitants of the United States Military District to the sale of lands appropriated to the use of schools in said district, and to authorize the lessees of said lands to surrender their leases and receive certificates of purchase. 2. To provide for the sale of section sixteen, granted by Congress for the use of schools. 3. To enable the inhabitants of the Virginia Military District, to give their consent or dissent to the sale of lands, granted by Congress for the use of schools in said district.

It was made the duty of the county assessor, in all the counties of the United States Military District, to take a vote of all the white male inhabitants over 21 years of age. The name of each voter was to be entered in a book, in a column of those "in favor of a sale," or in a column of those

"opposed to the sale.' A similar duty was imposed upon the assessor of every county in which there was an original surveyed township or fractional township owning school lands. Several months were allowed for taking this vote. A simple method was taken for deciding the legality of any contested vote. In the United States Military District, the results were to be returned to the Secretary of State before the first of July following; and the results in the case of section sixteen were to be returned to the Auditor of State the next October. In the former case, the Governor was immediately to proclaim the result, if in favor of sale. The returns of votes on the sale of section sixteen were to be reported to the General Assembly; and when no vote was taken in any township owning such a section, or when a majority voted against a sale, another vote might be taken in any subsequent year. Whenever the vote was in favor of sale, the land should be "offered for sale in such year as the legislature may direct. " The vote of the inhabitants of the Virginia Military District was to be taken at the ensuing October election of state officers. It was also viva voce. The act only provided for taking the vote and returning the result to the General Assembly at the next session. The vote was in favor of a sale, both in the United States Military District and the Virginia Reservation, also in some townships.

The act of 1827 contained full and careful details for the manner of selling a section sixteen. When the land was not leased, or the lease was to expire within a year, the land was to be re-appraised with all the improvements, and to be sold to the highest bidder at not less than the appraised valueone-fourth cash, the remainder in three annual payments without interest. If not sold for want of bidders, the county auditor might sell at private sale, but not at less than the appraised value. Early in 1828, laws were enacted for conducting the sales of both the Virginia Military and the United

States Military school lands, and the unleased portions were ordered to be sold during that year. These laws were similar to those for the sale of section sixteen; but in the sale of the Virginia Military school lands, the deferred payments were to bear interest, and in the sale of the United States Military school lands, the purchaser was to pay one-sixth down and the remainder in five annual payments without interest.

In all these acts for the sale of unleased lands, provision was made for the leased lands also. Every owner of a permanent lease might surrender his estate, and then, after paying all rents due, he was entitled to purchase the land at the last appraised value-one-eighth cash down, and the remainder in seven annual payments with interest. In the two military districts, the payment was in ten installments. These very generous enactments were amended several times within a few years, and generally the amendments were in favor of the lessees, and never against their interests.

The operation of these laws was thus described by Hon. Samuel Lewis, the first Superintendent of the Common Schools of the State, in his first annual report, in January, 1838.

"The tenant may surrender his lease, and, on paying the former appraisement, take a deed in fee simple for the land sometimes worth six times as much as he pays. Cases have come to my knowledge where land has been taken at six dollars per acre, worth, at the time, fifty dollars. The tenants, to be sure, make their fortunes,

but the schools are sacrificed.”

In March, 1838, the sections of the law authorizing surrenders by the tenants of section sixteen, were repealed, but similar laws for lands belonging to the two military districts remained in force. However, in 1839, the sections of the law of 1827 were revived with this modification-the holders of perpetual leases of school lands were allowed the further time of one year to surrender their leases and become entitled to certificates of purchase, on paying all the rent

due and the value as found by a new appraisement, to be made by three disinterested freeholders under oath, appointed by the court of common pleas. The appraisement was to be of the land alone without reference to improvements. The time was repeatedly extended by subsequent acts, and the manner of authorizing the sale was also amended. In 1843, a law was passed revising the whole subject, the provisions of which remain substantially still in force.

It was declared in the first section, that when any law shall authorize the sale of school lands, the proceedings should be regulated by this act. As the act of 1827 was not repealed, it was requisite that the legislature direct the time of sale of any section sixteen. In 1852, this law was re-enacted with slight change, the first section providing that all school lands known as section sixteen may be sold; the act of 1827 was repealed-so that since 1852 the whole business has been under the control of the township authorities and the courts, except so far as frequent special and local laws have interfered.

Since 1843, the vote of any original surveyed township upon the question of selling the school lands belonging to such township, is taken by ballot. If a majority vote against sale, at least one year must elapse before another vote. If the majority is for the sale, the court of common pleas appoints appraisers who must not be residents of the township. These, under oath, with the aid of the county surveyor, divide the land into such parcels as will be best for the sale, and appraise the value of each parcel. The court examines the proceedings, and if satisfied, decrees that all is just and fair. The auditor of the county, after publication, sells the land at public sale to the highest bidder, at not less than the appraisement, one-twelfth cash down and the balance in eleven equal annual payments, with interest. This was reduced to one-third down and two annual payments in 1873. If no person bids as high as the appraised

value of the land or some parcel of it, the auditor may offer it again, after the required notice. If not sold within two years, the court may direct a new appraisement or authorize the auditor to offer it for sale again under the former appraisement. The proceedings in the case of permanent leases were not changed from the law of 1839, except that the lessee was only required to pay one-twelfth down, the same as other purchasers at public sale. The greatest amendment of this law was made in 1844. It was then enacted that when the holder of a permanent lease wishes to surrender his lease in order to acquire a more perfect estate in the land, a vote of the township must be taken, the same as in case of a sale. In the revision of this law in 1852, it was provided that the holder of a permanent lease, wishing to purchase the fee of the land, must obtain the consent of the township trustees; and this can only be given after submitting the question to the voters and receiving the approval of the majority. By the act of 1873, the lessee must pay one-third down, as is the case with other purchasers. All of these statutes are silent as to the time when the lessee is to make the deferred payments, though the intention was evident to put both classes of purchasers on the same footing.

The statute details the mode of collecting and accounting for the money, and paying the principal into the state treasury, and for deeds to be executed by the Governor. These details have remained from 1827 with scarcely any change,

The school lands of the Connecticut Reserve, lying in the counties of Tuscarawas and Holmes, had been leased only in accordance with the statute of 1803. No perpetual leases had been granted. In February, 1828, a law was passed for submitting to the inhabitants of the Reserve the question of the sale of these lands, the vote to be taken at the time of the presidential election, in November of that year, in the same manner as provided for in the previous laws. It seems that owing to neglect or for some other cause, the vote was not taken under this law.