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and to the same extent that the Department of State is now charged with the same; and hereafter all such publications of every nature whatever shall, under present laws and regulations, be left with, and kept by him. SEC. 9. And be it further enacted, That the Joint Committee on the Joint CommitLibrary may, at any time, dispose of duplicate, injured, or wasted books tee on Library may dispose of of the library, or any other matter in the library not deemed proper to it, duplicates, &c. in such manner as such committee may deem best.

to be removed

SEC. 10. And be it further enacted, That all such books and documents, Books, &c. not when received at the proper offices, libraries, and so forth, as provided by from proper oflaw, shall be kept there and not removed from such places.

fices.

Statutes at

gress.

SEC. 11. And be it further enacted, That of the Statutes at Large of the United States, published by Little and Brown, now deposited in the Large now in Lilibrary of Congress for the use of senators and representatives during the brary of Con.sessions of Congress, ten copies be retained by the librarian for the use of the judges of the Supreme Court, during the terms of court, and that one third of the number then remaining in the library be transferred to the Senate and two thirds to the library of the House of Representatives for the use of the senators and representatives during the sessions of Congress. APPROVED, February 5, 1859.

CHAP. XXIII.-An Act for the Punishment of the Crime of Forgery [of] or Counterfeiting Military Bounty-Land Warrants, Military Bounty-Land Certificates, Certificates of Location, Certificates of Purchase and Receivers' Receipts.

Feb. 5, 1859.

Forging, or

military bounty

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons shall falsely make, alter, forge, or counterfeit, or cause or procure to be counterfeiting falsely made, altered, forged, or counterfeited, or willingly aid or assist in land warrants, falsely making, altering, forging, or counterfeiting, any military bounty- &c., or knowingly passing, land warrant, or military bounty-land warrant certificate, issued or pur- &c. such forged porting to have been issued by the Commissioner of Pensions under any warrants, made a act of Congress, or any certificate of location of any military bounty-land felony. warrant, or any duplicate certificate of the location of any military bountyland warrant, or military bounty-land warrant certificate, upon any of the lands of the United States, or any certificate of the purchase of any of the lands of the United States, or any duplicate certificate of the purchase of any of the lands of the United States, or any receipt for the purchasemoney of any of the lands of the United States, or any duplicate receipt for the purchase-money of any lands of the United States, issued or purporting to have been issued by the register and receiver at any land-office of the United States, or by either of them; or if any person or persons shall pass, utter or publish as true any false, forged, or counterfeited military bounty-land warrant, military bounty-land warrant certificate, certificate of location, or duplicate certificate of location, certificate of purchase, duplicate certificate of purchase, receipt or duplicate receipt, for the purchase money of any of the lands of the United States, knowing the same to be false or forged, such person or persons so offending shall be deemed and adjudged guilty of felony, and, being thereof duly convicted, shall be sentenced to be imprisoned and kept at hard labor for a period not less than three years nor more than ten years: Provided, nevertheless, That nothing herein contained shall be construed to deprive the courts of the several States of jurisdiction under the laws thereof over offences declared punishable by this law.

APPROVED, February 5, 1859.

Penalty.

Proviso.

Feb. 8, 1859.

CHAP. XXVI.-An Act granting the Right of Way over, and Depot Grounds on, the
Military Reserve at Fort Gratiot, in the State of Michigan, for Railroad Purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the right of way through granted.

VOL. XI. PUB.-49

Right of way

Proviso.

and the privilege of constructing depots and workshops on the public lands of the United States lying in the county of St. Clair, State of Michigan, commonly called the Fort Gratiot military reservation, be, and the same is hereby, granted to any railroad company or companies which may construct a railroad or railroads from the city of Detroit, or any other place in said State, to or near the village of Port Huron, in said State: Provided, That in the opinion of the President of the United States such grant or grants be not injurious to the purposes of public defence, and that the location of said buildings on, and such road or roads as to position and width through said reservation, and the price of the land to be so occupied, being first determined by the Secretary of War, be approved by the President: And provided, further, That if the price of such grant or what cases the grants be not paid within thirty days after the approval of the President, grant shall be determined. or if either of said roads shall not be completed within three years, or if, at any time after its completion, it shall be discontinued, the grant shall Proviso, as to cease and determine as to such road: And provided, further, That all the buildings. buildings to be erected upon said reservation shall be of wood, and if, at any time, it should be deemed expedient by the commanding officer of Fort Gratiot, or by any other higher military authority, to destroy such buildings by fire or otherwise, no claim shall be made against the United States for damages.

Proviso, in

Feb. 9, 1859.

State of Maine to

settled.

APPROVED, February 8, 1859.

CHAP. XXVII.-An Act to provide for the Payment of the Claims of the State of Maine, for Expenses incurred by that State in organizing a Regiment of Volunteers for the Mexican War.

Be it enacted by the Senate and House of Representatives of the United Accounts of the States of America in Congress assembled, That the accounts of the State be audited and of Maine for expenses incurred by that State in organizing a regiment of volunteers for the Mexican war, in the year eighteen hundred and fortysix, upon the requisition of the President of the United States, shall be audited and settled by the proper accounting officers of the Treasury Department, pursuant to the provisions of an act approved June second, eighteen hundred and forty-eight, to "refund money for expenses incurred, subsistence, or transportation furnished for the use of volunteers during the present war, upon being mustered into the service of the United States," in the same manner in all respects as if the said regiment had been mustered and received in the service of the United States; and the amount found to be due to the State of Maine shall be paid out of any money in the treasury not otherwise appropriated. APPROVED, February 9, 1859.

1848, ch. lx. vol. ix. p. 236.

Feb. 9, 1859.

CHAP. XXVIII.-An Act to authorize the Attorney-General to represent the United States in the Proceeding in Equity, now pending in the Supreme Court between the Commonwealth of Massachusetts and the State of Rhode Island and Providence Plantations. Be it enacted by the Senate and House of Representatives of the United The Attorney- States of America in Congress assembled, That the Attorney-General is General author- hereby authorized and directed to intervene and represent the United ized to intervene, States in the proceeding in equity now pending in the Supreme Court between the Commonwealth of Massachusetts and the State of Rhode Island and Providence Plantations, and to consent on behalf of the United States, to the adjustment of said suit by a conventional line to be agreed upon by the parties, and confirmed by a decree of said court, if, in his judgment, the rights and interests of the United States will not be prejudiced thereby.

and to consent, &c.

Conventional

line to be true boundary line.

SEC. 2. And be it further enacted, That in case such suit shall be adjusted as aforesaid and a conventional line shall be agreed upon, and confirmed by a decree of the court as aforesaid, such line shall be taken

and deemed to be, for all purposes affecting the jurisdiction of the United States, or of any department of the government thereof, the true line of boundary between said Commonwealth of Massachusetts and the State of Rhode Island and Providence Plantations.

APPROVED, February 9, 1859.

CHAP. XXXIII.-An Act for the Admission of Oregon into the Union. Whereas the people of Oregon have framed, ratified, and adopted a constitution of State government which is republican in form, and in conformity with the Constitution of the United States, and have applied for admission into the Union on an equal footing with the other States : Therefore

Feb. 14, 1859.

Preamble.

Oregon admit

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Oregon be, and she is hereby, received into the Union on an equal footing with the other States ted. in all respects whatever, with the following boundaries: In order that the boundaries of the State may be known and established, it is hereby ordained and declared that the State of Oregon shall be bounded as follows, to wit: Beginning one marine league at sea due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly, at the same distance from the line of the coast, lying west and opposite the State, including all islands within the jurisdiction of the United States, to a point due west and opposite the middle of the north ship channel of the Columbia River; thence easterly, to and up the middle channel of said river, and, where it is divided by islands, up the middle of the widest channel thereof, to a point near Fort Walla-Walla, where the forty-sixth parallel of north latitude crosses said river; thence east, on said parallel, to the middle of the main channel of the Shoshones or Snake River; thence up the middle of the main channel of said river, to the mouth of the Owyhee River; thence due south, to the parallel of latitude forty-two degrees north; thence west, along said parallel, to the place of beginning, including jurisdiction in civil and criminal cases upon the Columbia River and Snake River, concurrently with States and Territories of which those rivers form a boundary in common with this State.

Boundaries.

Concurrent jurisdiction on the Columbia and

SEC. 2. And be it further enacted, That the said State of Oregon shall have concurrent jurisdiction on the Columbia and all other rivers and waters bordering on the said State of Oregon so far as the same shall other rivers and form a common boundary to said State, and any other State or States waters forming a common boundnow or hereafter to be formed or bounded by the same; and said rivers ary, &c. and waters, and all the navigable waters of said State, shall be common Navigable rivhighways and forever free, as well as to the inhabitants of said State as to ers, &c., to be all other citizens of the United States, without any tax, duty, impost, or common hightoll therefor.

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ways.

Entitled to one

SEC. 3. And be it further enacted, That, until the next census and apportionment of representatives, the State of Oregon shall be entitled to representative in Congress. one representative in the Congress of the United States.

SEC. 4. And be it further enacted, That the following propositions be, Proposition to and the same are hereby, offered to the said people of Oregon for their be submitted to free acceptance or rejection, which, if accepted, shall be obligatory on the popular vote. United States and upon the said State of Oregon, to wit: First, That sections numbered sixteen and thirty-six in every township of public lands in said State, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands equivalent thereto, School lands. and as contiguous as may be, shall be granted to said State for the use of schools. Second, That seventy-two sections of land shall be set apart and reserved for the use and support of a State university, to be selected by the governor of said State, subject to the approval of the Commissioner sity lands. of the General Land-Office, and to be appropriated and applied in such

State univer

Salt springs and contiguous

lands.

Proviso.

land sales.

manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose. Third. That ten entire sections of land, to be selected by the governor of said State, in legal subdivisions, Lands for pub- shall be granted to said State for the purpose of completing the public lic buildings. buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof. 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 said State for its use, the same to be selected by the governor 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 be hereafter confirmed or adjudged to any individual or individuals, shall by Percentage on this article be granted to said State. Fifth. That five per centum of the net proceeds of sales of all public lands lying within said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, Proviso. Con- as the legislature shall direct: Provided, That the foregoing propositions, ditions on which hereinbefore offered, are on the condition that the people of Oregon shall propositions are offered. provide by 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, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof; and that in no case shall non-resident proprietors be United States taxed higher than residents. Sixth. And that the said State shall never property to be tax the lands or the property of the United States in said State: Provided, however, That in case any of the lands herein granted to the State of Oregon have heretofore been confirmed to the Territory of Oregon for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act.

free from taxation.

Proviso.

Residue to be

long to the Territory of Washing

ton.

Feb. 18, 1859.

Preamble.

Transfers by

SEC. 5. And be it further enacted, That, until Congress shall otherwise direct, the residue of the Territory of Oregon shall be, and is hereby, incorporated into, and made a part of the Territory of Washington. APPROVED, February 14, 1859.

CHAP. XXXV.-An Act for the Relief of the Mobile and Ohio Railroad Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whereas the State of Mississippi, by its act approved on the twenty-eighth of January, eighteen hundred and fifty-two, and the State of Alabama, by its act approved on the first of December, eighteen hundred and fifty-one, did transfer to the Mobile and Ohio Railroad Company the lands which were granted to said 1850, ch. 71, § 7. States under the provisions of the act of Congress approved the twentieth vol. ix. p. 467. September, eighteen hundred and fifty, to aid in the construction of a railroad from Mobile to the mouth of the Ohio River, the said transfers of the States of Ala- said lands so made by said States, respectively, to said company, are sippi confirmed. hereby recognized, ratified, and confirmed, and the title to all bona fide purchasers of said company are also hereby confirmed; and that the time pleting the road limited by said original act of Congress for the completion of said railroad extended to Sept. is hereby extended, and the said company is allowed further time till the twentieth of September, in the year eighteen hundred and sixty-five, to complete the same, anything in said act to the contrary notwithstanding: Provided, nevertheless, That the said Mobile and Ohio Railroad Company be subjected to, and shall comply with all the conditions, restrictions, and limitations contained in the act of Congress above referred to, approved the twentieth September, eighteen hundred and fifty; And provided, That

bama and Missis

Time for com

20, 1865.

Proviso.

Proviso.

nothing herein contained shall be construed so as to release the States of
Mississippi or Alabama from any liability imposed upon them by the said
act of September twentieth, eighteen hundred and fifty.
APPROVED, February 18,,1859.

CHAP. LVIII.-An Act to authorize Settlers upon sixteenth and thirty-six[th] Sections, Feb. 26, 1859. who settled before the Surveys of the Public Lands, to preempt their Settlements.

Settlers upon

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where settlements, with a view to preemption, have been been made before the survey of the lands in sections 16 and 36 may preempt the field which shall be found to have been made on sections sixteen or their settlements thirty-six, said sections shall be subject to the preemption claim of such when made before survey and settler; and if they, or either of them, shall have been or shall be re- with a view to served or pledged for the use of schools or colleges in the State or Terri- preëmption; and other lands may tory in which the lands lie, other lands of like quantity are hereby be appropriated appropriated in lieu of such as may be patented by preemptors; and in lieu thereof other lands are also hereby appropriated to compensate deficiencies for and for deficienschool purposes, where said sections sixteen or thirty-six are fractional in cies in fractional quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever: Provided, That the Proviso. Mode lands by this section appropriated, shall be selected and appropriated in of selection and accordance with the principles of adjustment and the provisions of the act of Congress of May twentieth, eighteen hundred and twenty-six, entitled "An act to appropriate lands for the support of schools in certain townships and fractional townships not before provided for." APPROVED, February 26, 1859.

sections.

appropriation.

1826, ch. 83. vol. iv. p. 179.

CHAP. LIX.—An Act to protect the Land Fund for School Purposes in Sarpy County, Feb. 26, 1859.

Nebraska Territory.

Whereas by the treaty between the United States and the Omaha tribe of Indians, by which said Indian tribe ceded their lands in the Territory of Nebraska to the United States, a reservation was made of a part of section thirty-six, in town[ship] fourteen north, range thirteen east, for the Presbyterian Board of Foreign Missions; and whereas, by virtue of a joint resolution of Congress, approved March third, eighteen hundred and fifty-seven, a large portion of the remainder of said section thirty-six has been preempted, leaving but a fraction for the use of schools: Therefore,

Preamble.

of schools for

served.

Be it enacted by the Senate and House of Representatives of the United Superintendent States of America in Congress assembled, That the superintendent of Sarpy county, common schools of the county of Sarpy, in which said land is situated, Nebraska terrishall be, and [he] hereby is, authorized to select six hundred and forty acres tory, may select public lands in of any unoccupied public lands in said county in subdivisions of not less lieu of lands prethan one quarter section, in lieu of the aforesaid section thirty-six: Pro- empted and revided, That as soon as such selection shall be made it shall be the duty of Proviso. such superintendent to file a notice thereof, with a description of the land selected, in the office of the register of the land-office in the Omaha land district, who shall thereupon withdraw such land so selected from the list of lands subject to preëmption, or public or private sale in said land district, and shall report the fact to the United States Commissioner of Public Lands, and the land so selected shall, after such filing with the register, belong to the school fund of said county in all respects the same as other school lands; and the fraction of said section thirty-six remaining after satisfying the terms of said treaty, and after said preëmptions as mentioned in the foregoing preamble, shall be subject to preemption, public sale, or private entry, the same as other public lands.

APPROVED, February 26, 1859.

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