Treasury department to prescribe regulations, &c., for such sales. Proceeds, after deducting char ges, to be paid over to owner, &c. the Overplus, how disposed of. praised by the appraisers of the United States, if there be any at such port, and if none, then by two merchants to be designated and sworn by the collector for that purpose, and sold by the collector at public auction, on due public notice thereof being first given, in the manner and for the time to be prescribed by a general regulation of the treasury department; and at said public sale, distinct printed catalogues descriptive of said goods, with the appraised value affixed thereto, shall be distributed among the persons present at said sale; and a reasonable opportunity shall be given before such sale, to persons desirous of purchasing, to inspect the quality of such goods; and the proceeds of said sales, after deducting the usual rate of storage at the port in question, with all other charges and expenses, including duties, shall be paid over to the owner, importer, consignee, or agent, and proper receipts taken for the same: Provided, That the overplus, if any there be, of the proceeds of such sales, after the payment of storage, charges, expenses, and duties, as aforesaid, remaining unclaimed for the space of ten days after such sales, shall be paid by the collector into the treasury of the United States; and the said collector shall transmit to the treasury department, with the said overplus, a copy of the inventory, appraisement, and account of sales, specifying the marks, numbers, and descriptions, of the packages sold, their contents, and appraised value, the name of the vessel and master in which, and of the port or place whence they were imported, and the time when, and the name of the person or persons to whom said goods were consigned in the manifest, and the duties and charges to which the several consignments were respectively subject; and the receipt or certificate of the collector shall exonerate the master or person having charge or command of any ship or vessel, in which said goods, wares, or merchandise, were imported, from all claim of the owner or owners thereof, who shall, nevertheless, on due proof of their interest, be entitled to receive from the treasury the amount of any overplus paid into the same under the provisions of this act: Provided, That so much of the fifty-sixth section of the general collection law of the second of March, seventeen hundred and ninety-nine, and the thirteenth section of the act of the thirtieth of August, eighteen hundred and fortytwo, to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes, as conflicts with the provisions of this act, shall be, and is hereby, repealed, excepting that nothing contained in this act shall be construed to extend the time now prescribed by law for selling unclaimed goods: Provided also, That all goods of a perishable nature, and all gunpowder, fire-crackers, and explosive substances, deposited as aforesaid, shall be sold forthwith. Goods may be SEC. 2. And be it further enacted, That any goods, when deposited withdrawn and in the public stores in the manner provided for in the foregoing sectransported to another port of tion, may be withdrawn therefrom and transported to any other port entry under cer- of entry under the restrictions provided for in the act of the second March, seventeen hundred and ninety-nine, in respect to the transportation of goods, wares, and merchandise, from one collection district to another, to be exported with the benefit of drawback; and the owner of such goods so to be withdrawn for transportation shall give his bond, with sufficient sureties, in double the amount of the duties chargeable on them, for the deposit of such goods in store in the port of entry to which they shall be destined, such bond to be cancelled when the goods shall be redeposited in store in the collection district to which they shall be transported: Provided, that nothing contained in this section shall be construed to extend the time during which goods may be kept in store, after their original importation and entry, beyond the term of one year. Repeal of sec tions of conflicting acts. 1799, ch. 22. 1842, ch. 270. Perishable and explosive goods to be sold at once. tain restrictions. 1799, ch. 22. Owner give bond. Provise. shall SEC. 3. And be it further enacted, That, if any warehoused goods or shall shall be fraudulently concealed in or removed from any public or pri- Goods fraudu lently concealed or removed to be forfeited. Penalty. Penalty for fraudulently opening warehouse, &c., except in pres ence of an officer of the customs. Penalty for altering, obliterating, or defacing, marks. Collectors to reports. SEC. 4. And be it further enacted, That the collectors of the several ports of the United States shall make quarterly reports to the Secre- make quarterly tary of the Treasury, according to such general instructions as the said Secretary may give of all goods which remain in the warehouses of their respective ports, specifying the quantity and description of the same; which returns, or tables formed thereon, the Secretary of the Treasury shall forthwith cause to be published in the principal papers To be published. of the city of Washington. Secretary the Treasury to make the regula lations necessary to give full effect SEC. 5. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized to make, from time to time, such regulations, not inconsistent with the laws of the United States, as may be necessary to give full effect to the provisions of this act, and secure a just accountability under the same. And it shall be the duty of the Secretary to report such regulations to each succeeding session gress." of Congress. APPROVED, August 6, 1846. to this act, and report to con CHAP. LXXXV. - An Act to repeal an Act entitled "An Act for the Relief of the Stockbridge Tribe of Indians in the Territory of Wisconsin," approved March third, eighteen hundred and forty-three, and for other Purposes. Aug. 6, 1846. 1843, ch. 101. Repeal of act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An Act for the Relief of the Stockbridge Tribe of Indians in the of 1813, ch. 101. Territory of Wisconsin," approved March third, eighteen hundred and forty-three, be and the same is hereby repealed; and the said Stockbridge tribe or nation of Indians is restored to their ancient form of government, with all powers, rights, and privileges, held and exercised by them under their customs and usages, as fully and completely as though the above-recited act had never passed. SEC. 2. And be it further enacted, That the sub-agent of Indian affairs at Green Bay, under the direction of the Governor of Wisconsin, who shall be a commissioner for this purpose, shall be required to open a book for the enrolment of the names of such persons of the Stockbridge tribe of Indians as shall desire to become and remain citizens of the United States, immediately upon the passage of this law; and three months shall be allowed after the opening of said books for the enrolment, within which time it shall be the duty of all desiring citizenship to come forward in person and file their application. After the expiration of the three months, the said sub-agent shall divide the said township of land now held by the Stockbridges on the Winnebago Lake into two districts, to be known and designated as he Indian District and the Citizen District, according to the strength Restored to ancient form of government. Sub-agent at Green Bay to enrol the names of Indians who desire to become citizens of U. S. Sub-agent to divide the land bridges into two districts held by Stock How the lands are to be held. Sub-agents to make out three copies of the divisions made. and numbers of their respective parties, and the laws and usages in said tribe. The lands in the Indian District are to remain and to be held in common; those in the Citizen District are to be divided; and to each Indian who becomes a citizen the said sub-agent shall assign, by distinct metes and bounds, his ratable proportion of land. And, after the division and allotment are completed, it shall be the duty of the said sub-agent to make out three copies of the divisions thus made, one of which he shall file with the clerk of the District Court of the county in which the Citizen District of land may be situated; one other copy he shall file in the land office at Green Bay, in Wisconsin Territory; and the other shall be returned to the Secretary of War. And, upon the receipt of the said return by the Secretary of War, sue to those re- patents may be issued to the individual reservees who become citizens, the receipt of which a title in fee simple to the lot of land shall upon vest in the patentee; and all transfers and assignments of the land made previous to the issuance of the patent shall be null and void : Provided, however, That those Indians who become citizens shall forfeit all right to receive any portion of the annuity which may now be or may become due the nation of Stockbridges, by virtue of any treaty heretofore entered into by this government with said Stockbridges. Patents to is servees who become citizens. Indians becom ing citizens to forfeit annuity. $5,000 to be paid them for that sum paid by them to the Winnebagoes and Menomonies. Appropriation. SEC. 3. And be it further enacted, That, in consideration of the moneys paid by said Stockbridge nation of Indians to the Winnebagoes and Menomonies in the years eighteen hundred and twenty-one and eighteen hundred and twenty-two, and all other claims, the sum of five thousand dollars be paid to said tribe of Indians by the Secretary of War; and for this purpose, the said sum of five thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated: Provided, That nothing in this act contained shall be construed to impair any claim which said nation may have upon the Delaware nation to a share of the lands assigned to them west of the Missouri River. APPROVED, August 6 1846 Aug. 6, 1846. 1847, ch. 53. The people of Wisconsin au thorized to form a constitution and State gov ernment. Boundaries. CHAP. LXXXIX.-An Act to enable the People of Wisconsin Territory to form a Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the people of the Territory of Wisconsin be, and they are hereby, authorized to form a constitution and State government, for the purpose of being admitted into the Union on an equal footing with the original States in all respects whatsoever, by the name of the State of Wisconsin, with the following boundaries, to wit: Beginning at the north-east corner of the State of Illinois-that is to say, at a point in the centre of Lake Michigan where the line of forty-two degrees and 1847. ch. 53. § 2. thirty minutes of north latitude crosses the same; thence running with the boundary line of the State of Michigan, through Lake Michigan, Green Bay, to the mouth of the Menomonie River; thence up the channel of said river to the Brulé River; thence up said last mentioned river to Lake Brulé; thence along the southern shore of Lake Brulé in a direct line to the centre of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the head-waters of the Montreal River, as marked upon the survey made by Captain Cramm; thence down the main channel of the Montreal River to the middle of Lake Superior; thence through the centre of Lake Superior to the mouth of the St. Louis River; thence up the main channel of said river to the first rapids in the Post, p. 97. same, above the Indian village, according to Nicollet's map; thence due south to the main branch of the River St. Croix; thence down the main channel of said river to the Mississippi; thence down the centre of the main channel of that river to the north-west corner of the State of Illinois; thence due east with the northern boundary of the State of Illinois to the place of beginning, as established by "An Act to enable the People of the Illinois Territory to form a Constitution and State Government, and for the Admission of such State into the Union on an equal Footing with the original States," approved April eighteen, eighteen hundred and eighteen. SEC. 2. And be it further enacted, That, to prevent all disputes in reference to the jurisdiction of islands in the said Brulé and Menomonie Rivers, the line be so run as to include within the jurisdiction of Michigan all the islands in the Brulé and Menomonie Rivers, (to the extent in which said rivers are adopted as a boundary,) down to, and inclusive of, the Quinnesec Falls of the Menomonie; and from thence the line shall be so run as to include within the jurisdiction of Wisconsin all the islands in the Menomonie River, from the falls aforesaid down to the junction of said river with Green Bay: Provided, That the adjustment of boundary, as fixed in this act, between Wisconsin and Michigan shall not be binding on Congress, unless the same shall be ratified by the State of Michigan on or before the first day of June, one thousand eight hundred and forty-eight. SEC. 3. And be it further enacted, That the said State of Wisconsin shall have concurrent jurisdiction on the Mississippi, and all other rivers and waters bordering on the said State of Wisconsin, so far as the same shall form a common boundary to said State and any other State or States now or hereafter to be formed or bounded by the same; and said river and waters, and the navigable waters leading into the same, shall be common highways, and forever free, as well to the inhabitants of said State as to all other citizens of the United States, without any tax, duty, impost, or toll, therefor. 1818, ch. 67. Jurisdiction of islands in Brulé Rivers. and Menomonie Assent of Michigan required. To have con current jurisdic sissippi and other rivers. tion on the Mis Navigable wa ters to be common highways. Sec. 4. And be it further enacted, That from and after the admission of the State of Wisconsin into the Union, in pursuance of this act, the laws of the United States which are not locally inapplicable extended to said Laws of U. S. State. Shall constitute one judicial district. A district court to be held. Sessions of the court, and powers and jurisdiction of the judge. shall have the same force and effect within the State of Wisconsin as elsewhere within the United States; and said State shall constitute one district, and be called the District of Wisconsin; and a district court shall be held therein, to consist of one judge, who shall reside in the said district and be called a district judge. He shall hold, at the seat of government of said State, two sessions of said court annually, on the first Mondays in January and July; and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky District, under an act entitled "An Act to establish the Judicial Courts of the United States." He shall appoint a clerk for said district, who shall reside and keep the records of said court at the place of holding the same; and shall receive for the services performed by him the same fees to which the clerk of the Kentucky District is by law entitled for similar 1789, ch. 20, § 10. services. There shall be allowed to the judge of said district court the annual compensation of fifteen hundred dollars, to commence from the date of his appointment, to be paid quarterly at the treasury of the United States. SEC. 5. And be it further enacted, That there shall be appointed in said district a person learned in the law to act as attorney of the United States, who, in addition to the stated fees, shall be paid the sum of two hundred dollars annually by the United States, as a full compensation for all extra services; the said payment to be made quarterly at the treasury of the United States And there shall also VOL. IX. PUB. -8 Shall appoint a clerk, &c. Fees. Compensation of judge. District attor ney to be ap pointed. Compensation and fees. Marshal to be appointed. Duties, fees, compensa and tion. To be entitled to two representatives in Con gress. Propositions submitted to the convention, &c. schools. Lands for Lands for a 1838, ch. 110. be appointed a marshal for said district, who shall perform the same duties, be subject to the same regulations and penalties, and be enti tled to the same fees, as are prescribed and allowed to marshals in other districts; and shall, moreover, be allowed the sum of two hundred dollars annually, as a compensation for all extra services. SEC. 6. And be it further enacted, That, until another census shall be taken and apportionment made, the State of Wisconsin shall be entitled to two representatives in the Congress of the United States. SEC. 7. And be it further enacted, That the following propositions are hereby submitted to the convention which shall assemble for the purpose of forming a constitution for the State of Wisconsin, for acceptance or rejection; and if accepted by said convention, and ratified by an article in said constitution, they shall be obligatory on the United States: First. That section numbered sixteen, in every township of the public lands in said State, 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 said State for the use of schools. Second. That the seventy-two sections or two entire townships of seminary of learn- land set apart and reserved for the use and support of a university by ing. an act of Congress, approved on the twelfth day of June, eighteen hundred and thirty-eight, entitled "An Act concerning a Seminary of Learning in the Territory of Wisconsin," are hereby granted and conveyed to the State, to be appropriated solely to the use and support of such university, in such manner as the Legislature may prescribe. Third. That ten entire sections of land, to be selected and located under the direction of the Legislature, in legal divisions of not less than one quarter section, from any of the unappropriated lands belonging to the United States within the said State, are hereby granted to the said State, for the purpose of completing the public buildings of the said State, or for the erection of others at the seat of government, under the direction of the Legislature thereof. Lands for public buildings and seat of government. Salt springs. 1852, ch. 24. Proviso. 5 per cent. of proceeds of sales of lands given for roads and canals. Condition. Taxes. Fourth. That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to the State for its use; the same to be selected by the Legislature thereof, within one year after the admission of said State; and when so selected, to be used or disposed of on such terms, conditions, and regulations, as the Legislature shall direct: Provided, That no salt spring or land the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said State. Fifth. That five per cent. of the net proceeds of sales of all public lands lying within the said State, which have been or shall be sold by Congress, from and after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State, for the purpose of making public roads and canals in the same, as the Legislature shall direct: Provided, That the foregoing propositions herein offered are on the condition that the said convention which shall form the constitution of said State shall provide, by a clause in said constitution, or an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to bona fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents. APPROVED, August 6, 1846. |