« AnteriorContinuar »
No. 103.-An Act supplemental to the act for the admission of the States of Iowa
and Florida into the Union.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws of the United States, which are not locally inapplicable, shall have the same force and effect within the State of Iowa as elsewhere within the United States.
SEC. 6. And be it further enacted, That in lieu of the propositions submitted to the Congress of the United States, by an ordinance passed on the first day of November, eighteen hundred and forty-four, by the convention of delegates at Iowa city, assembled for the purpose of making a constitution for the State of Iowa, which are hereby rejected, the following propositions be, and the same are hereby, offered to the legislature of the State of Iowa, for their acceptance or rejection; which, if accepted, under the authority conferred on the said legislature, by the convention which framed the constitution of the said State, shall be obligatory upon the United States :
First. That section numbered sixteen in every township of the public lands, 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 the State for the use of schools.
Second. That the seventy-two sections of land set apart and reserved for the use and support of a university, by an act of Congress approved on the twentieth day of July, eighteen hundred and forty, entitled “ An act granting two townships of land for the use of a university in the Territory of Iowa,” 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 five 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 State for the purpose of completing the public buildings of the said State, or for the erection of public buildings at the seat of government of the said State, as the legislature may determine and direct.
Fourth. That all salt springs within the 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 said State for its use; the same to be selected by the legislature thereof, within one year after the admission of said State, and the same, when so selected, to be used on such terms, conditions, and regulations, as the legislature of the State shall direct: Provided, That no salt spring, 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: And provided also, That the General Assembly shall never lease or sell the same, at any one time, for a longer period than ten years, without the consent of Congress.
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, after deducting all the expenses incident to the same, shall be appropriated for making public roads and canals within the said State, as the legislature may direct: Provided, That the five foregoing propositions herein offered are on the condition that the
legislature of the said State, by virtue of the powers conferred upon it by the convention which framed the constitution of the said State, shall provide, by an ordinance, irrevocable without the consent of the United States, that the 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 the 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; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the State, whether for State, county, township, or any other purpose, for the term of three years from and after the date of the patents, respectively.
Approved, March 3, 1845.
No. 104.-An Act to repeal a part of the act entitled "An act supplementary to
the several laws for the sale of the public lands," approved April fifth, one thousand eight hundred and thirty-two, and for other purposes.*
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, the second proviso to the act entitled “ An act supplementary to the several laws for the sale of the public lands,” approved April fifth, one thousand eight hundred and thirty-two, which is as follows, viz :“That no person shall be permitted to enter more than one-half quarter section of land under this act in quarter-quarter sections, in his own name, or in the name of any other person, and in no case unless he intends it for cultivation, or for the use of his improvement. And the person making application to make an entry under this act shall file his or her affidavit, under such regulations as the Secretary of the Treasury may prescribe, that he or she makes the entry in his or her own name, for his or her own benefit, and not in trust for another,” shall be, and the same is hereby repealed; and all entries, selections, or locations of lands now suspended in the General Land Office, because made contrary to the restrictions in this proviso, shall be, and they are hereby confirmed, provided they are in all other respects fair and regular.
Approved, May 8, 1846.
No. 105.-An Act to authorize the President of the United States to sell the re
served mineral lands in the States of Illinois and Arkansas, and Territories of Wisconsin and Iowa, supposed to contain lead ore.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he hereby is, authorized, as soon as practicable, to cause the reserved lead mines and contiguous lands in the States of Illinois and Arkansas, and Territories of Wisconsin and Iowa, belonging to the United States, to be exposed to sale, in the same manner that other public lands are authorized by law to be sold, except as hereinafter provided.
* See No. 24.
SEC. 2. And be it further enacted, That six months' notice of the times and places of said sales shall be given in such newspapers of general circulation, in such of the States as the President may think expedient, with a brief description of the mineral regions of the States of Illinois and Arkansas, and Territories of Wisconsin and Iowa, and of the lands to be offered for sale; showing the number and localities of the different mines now known, the probability of discovering others, the quality of the ore, the facilities of working it, the further facilities (if any) for manufactories of shot, sheet lead, and paints, and the means and expense of transporting the whole to the principal markets in the United States: Provided, That the said lands shall not be subject to the rights of pre-emption until after the same have been offered at public sale and subject to private entry.
SEC. 3. And be it further enacted, That upon satisfactory proof made to the register and receiver of the proper land office,
land office, that any tract or tracts of said lands contain a mine or mines of lead ore, actually discovered and being worked, then, and in that case, the same shall be sold in such legal subdivision or subdivisions as will include such mine or mines; and no bid shall be received therefor at a less rate than the sum of two dollars and fifty cents per acre; and if such tract or tracts shall not be sold at such public sale, at such price, nor shall be entered at private sale within twelve months thereafter, then the same shall be subject to sale as other lands: Provided, That no legal subdivision of any of said lands, upon which there may be an outstanding lease or leases from the Government of the United States, or their authorized agent, unexpired and undetermined, shall be sold untií after the determination of such lease or leases by effluxion of time, voluntary surrender, or other legal extinguishment thereof.
Approved, July 11, 1846.
No. 106.-An Act to legalize certain land sales made at Chocchuma and Colum
bus, in the State of Mississippi, and to indemnify the Chickasaws therefor.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it may and shall be lawful for patents to be issued, as in ordinary cases, for such of the sales of land made in the land offices at Chocchuma and Columbus, in the State of Mississippi, as may be found, by the definitely established line of the Chickasaw cession of one thousand eight hundred and thirty-four, to be, in whole or part, within that cession, and the said sales are hereby confirmed and legalized; and for the purpose of indemnifying the Chickasaw tribe of Indians for said sales, there is hereby appropriated, out of any moneys in the treasury not otherwise appropriated, a sum of money equal to all which has been received upon said sales, to the fund created by the treaty with said Chickasaw tribe, and of right to them belonging: Provided nevertheless, That this act shall not extend to any sale where the purchasemoney may have been refunded to the purchaser.
Approved, July 15, 1846.
No. 107.-An Act further to extend the time for locating Virginia military land
warrants, and returning surveys thereon to the General Land Office.
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 further to extend the time for locating Virginia military land warrants, and returning surveys thereon to the General Land Office," approved August nineteen, eighteen hundred and forty-one, as to all warrants issued prior to the tenth day of August, eighteen hundred and forty, and no others, be, and the same is hereby, revived and continued in force until the first day of January, eighteen hundred and forty-eight.
Approved, July 29, 1846.
No. 108.-An Act giving the assent of Congress to a change of the compact entered
into between the United States and the State of Arkansas, on her admission into the Union.
Whereas the Congress of the United States, by an act supplementary to an
act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes, approved June twenty-third, eighteen hundred and thirty-six, in the fifth proposition made to the State of Arkansas, and which was subsequently accepted by the General Assembly of the State of Arkansas, provided that the two entire townships of land located by virtue of an act of Congress entitled “ An act concerning a seminary of learning in the Territory of Arkansas,” approved the second day of March, eighteen hundred and twenty-seven, which, by the first recited act of Congress, were vested in and confirmed to the General Assembly of the State of Arkansas, to be appropriated solely to the use and support of a university in said State: And whereas the General Assembly of the State of Arkansas have, by their resolution, approved December eighteen, eighteen hundred and forty-four, asked for a modification of said compact to authorize said General Assembly to appropriate said seventy-two sections of land to common school purposes : Therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress be, and is hereby, given to the change in said compact asked for by the said General Assembly, so as to authorize and empower the General Assembly of the State of Arkansas, and they are hereby authorized and empowered, to appropriate said seventy-two sections of land for the use and benefit of common schools in said State, or in any other mode the said General Assembly may deem proper, for the promotion of education in said State.
Approved, July 29, 1846
No. 109.-An Act to grant the right of pre-emption to actual settlers on the lands
acquired by treaty from the Miami Indians in Indiana.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every actual settler, being the head of a family, or widow or single man over the age of twenty-one years, who is now in possession, by actual residence as a housekeeper, of any tract of public land within the limits of the several cessions by the Miami Indians in Indiana, which have not yet been proclaimed for sale by the President, or any such person who shall hereafter settle, erect a dwelling-house, and become a housekeeper upon any such tract of land, shall be entitled to the same benefits and privileges, with respect to said land, as was granted to settlers on other lands by the act approved twenty-second of June, eighteen hundred and thirty-eight, entitled “ An act to grant preemption rights," and the several amendatory provisions of said act, effected by the subsequent acts bearing date first June, eighteen hundred and forty, and third March, eighteen hundred and forty-three: Provided, That the minimum price per acre of said land shall be two dollars per acre.
SEC. 2. And be it further enacted, That in every case the affidavit of the claimant under this act shall be like unto that prescribed by the act of twenty-second June, eighteen hundred and thirty-eight, and the same shall be filed, and proof and payment made for the land claimed, at any time before the day fixed by the President's proclamation for the public sale of the said land : Provided, That where a tract of land is now settled
upon, a settlement made on such tract subsequent to the date of this law shall confer no right on the last-mentioned settler; and where settlements shall hereafter be made, the right shall be in the first settler, who shall otherwise comply with the conditions of this law.
Approved, August 3, 1846.
No. 110.–An Act providing for the adjustment of all suspended pre-emption land
claims in the several States and Territories.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the General Land Office be, and he is hereby, authorized and empowered to determine, upon principles of equity and justice, as recognized in courts of equity, and in accordance with general equitable rules and regulations, to be settled by the Secretary of the Treasury, the Attorney-General, and Commissioner, conjointly, consistently with such principles, all cases of suspended entries now existing in said land office, and to adjudge in what cases patents shall issue upon the same : Provided however, That such adjudications shall be made within two years from the passage of this act, and be first approved by the Secretary of the Treasury and the AttorneyGeneral, and shall only operate to divest the United States of the title of the land embraced by such entries, without prejudice to the rights of conflicting claimants.*
SEC. 2. And be it further enacted, That the power and jurisdiction given by this act, to the Commissioner of the General Land Office shall cease and determine, at the expiration of two years from the passage thereof; and such Commissioner be, and he is hereby, directed to report to Congress at the first session after the said adjudications shall have been made, a list of the same, and under such classes as he may deem necessary, and of the principles upon which such class was determined.
SEC. 3. And be it further enacted, That the said Commissioner shall
* See No. 227.
† Extended. See No. 148.