ceiver, after the SEC. 3. And be it further enacted, That the proper register and receiver The proper reof public moneys, after the board of commissioners have heard and de- gister and retermined all the cases of pre-emption under the act to which this is an commissioners amendment, shall expose the residue of the lots to public sale to the have deter highest bidder, after advertising the same in three public newspapers mined all cases at least three months prior to the day of sale, in the same manner as is of pre-emption, provided for the sale of public lands in other cases; and after paying sidue or lots at shall expose rethe commissioners the compensation hereafter allowed them, and all public sale, to other expenses incident to the said survey and sale, the receiver of the the highest bidland office shall pay over the residue of the money he may have received der, &c. from the sale of lots aforesaid, by pre-emption as well as at public auc- the commisAfter paying tion, into the hands of the trustees of the respective towns aforesaid, to sioners, &c., the be expended by them in the erection of public buildings, the construc- receiver shall tion of suitable wharves, and the improvement of the streets in the said pay over the residue to the towns of Fort Madison, Burlington, Belleview, Du Buque, Peru and trustees of the Mineral Point. (b) towns aforesaid. SEC. 4. And be it further enacted, That the commissioners appointed The commis to carry this act into effect, shall be paid by the receiver of public sioners to be paid moneys, of the proper land district, six dollars each, per day, for their six dollars per day. services, for every day they are necessarily employed. (a) See Nos. 1757, 1760, 1781, 1790, 1793, 1794, 1798, 1803, 1804, 1806. (b) See Nos. 1757, 1773, 1786, 1791, 1813, 1815, 1820. No. 1759.-AN ACT to divide the Territory of Wisconsin and to establish the Territorial government of Iowa. June 12, 1838. What part of the Be it enacted, &c., That from and after the third day of July next, all that part of the present Territory of Wisconsin which lies west of the Mississippi River, and west of a line drawn due north from the headpresent Territory of Wisconwaters or sources of the Mississippi to the Territorial line, shall, for consin shall conthe purposes of temporary government, be and constitute a separate stitute the Terri Territorial government by the name of Iowa; and that from and after tory of Iowa. the said third day of July next, the present Territorial government of Wisconsin shall extend only to that part of the present Territory of Wisconsin which lies east of the Mississippi River. And after the said ted, to cease. third day of July next, all power and authority of the government of The authority Wisconsin in and over the Territory hereby constituted shall cease: of Wisconsin Provided, That nothing in this act contained shall be construed to im- over the Territo pair the rights of persons or property now appertaining to any Indians ry thus constitu within the said Territory, so long as such rights shall remain unex- Proviso. tinguished by treaty between the United States and such Indians, or to impair the obligations of any treaty now existing between the United States and such Indians, or to impair or any wise to affect the authority of the Government of the United States to make any regulations rerespecting such Indians, their lands, property, or other rights, by treaty or law, or otherwise, which it would have been competent to the Government to make if this act had never been passed: Provided, That Proviso. nothing in this act contained shall be construed to inhibit the Government of the United States from dividing the Territory hereby established into one or more other Territories, in such manner and at such times as Congress shall, in its discretion, deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States. # Powers of the Restrictions. SEC. 6. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation; but no law legislature. shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws of the governor and Laws to be legislative assembly shall be submitted to, and if disapproved by, the submitted to Congress of the United States, the same shall be null and of no effect. (a) Congress for ap. No. 1760.-AN ACT to establish two additional land offices in that part of Wiscon sin Territory west of the river Mississippi. proval. June 12, 1838. Vol. 5, p. 243. Be it enacted, &c., That for the sale of the public lands in that part Two land dis of the Territory of Wisconsin situate west of the river Mississippi, two tricts created for land districts are hereby created; one of which comprising all the the sale of the lands south of the east and west line which forms the northern bound- public lands. Des Moines. President to and receiver for ary of the township adjoining to, and immediately south of, the township in which the town of Davenport is situate, shall be called the Des Moines land district, the land office for which shall be established at the town of Burlington; and the other district, comprising the lands Du Buque; north of the said east and west line, shall be called the Du Buque land land office at. district, the office for which shall be established at the town of Du Buque. SEC. 2. And be it further enacted, That the President be, and he is appoint a register hereby, authorized to appoint, by and with the advice and consent of each district. the Senate, a register and receiver of public moneys for each of the said districts, and who shall, respectively, be required to reside at the site Powers, duties, of their offices, and have powers, perform the same duties, and be entiand compensa- tled to the same compensation, as are or may be prescribed by law in relation to the other land officers of the United States. (a) Public lands in SEC. 3. And be it further enacted, That the President is authorized to said districts, ex- cause the public lands in the said districts with the exception of cept, &c., to be section numbered sixteen in each township, reserved for the use of exposed to sale. schools, (b) or such other lands as may by law be selected in lieu thereof, and of such other tracts as he may select for military or other purposes, to be exposed to sale in the same manner, and upon the same terms and conditions, as the other public lands of the United States. (c) SEC. 4. And be it further enacted, That whenever the President may redeem it expedient, he is hereby authorized to remove the said land offices to such other places within those districts as he may judge proper. (a) tion. President thorized to au move the said land offices. (a) See Nos. 1781, 1790, 1793. (b) See Nos. 1668, 1769, 1772, 1775, 1777, 1782. (c) See Nos. 1757, 1758, 1781, 1790, 1793, 1794, 1798, 1803, 1204, 1806. June 18, 1838. President to tained and mark ed. missioner to act, &c., the line. No. 1761.-AN ACT to authorize the President of the United States to cause the southern boundary line of the Territory of Iowa to be ascertained and marked. Be it enacted, &c., That the President of the United States be, and he cause southern is hereby, authorized to cause to be surveyed, ascertained and distinctly boundary of marked, the southern boundary line of the Territory of Iowa, west of Iowa to be ascer the Mississippi River, which divides said Territory from the State of Missouri; and that, for that purpose he shall appoint a commissioner President to on the part of the United States, who (with the aid of such surveyor appoint a com- or surveyors as may be necessary) shall unite or act in conjunction with &c., in running, a commissioner to be appointed by the State of Missouri and a commissioner to be appointed by the governor of the Territory of Iowa, in running, marking, and ascertaining said boundary line; and that it shall be the duty of the commissioner so to be appointed by the President as aforesaid, after he shall have ascertained, run, and marked said Three maps of boundary line, to make three maps or plats thereof, with a description the line, &c. or survey-bill thereof appended to each map or plat; one of which shall be returned to the office of Secretary of State for the United States, one to the office of secretary of state for the State of Missouri, and one to the secretary of the Territory of Iowa, and the said commissioner on the part of the United States shall also make a full report of his proceedings in the premises to the Secretary of State for the United States. 1826. Said line to be SEC. 2. And be it further enacted, That the said boundary line shall be run according to run or surveyed, ascertained, and marked in all respects according to, acts of March 6, and in pursuance of the provisions of the following acts, wherein the 1820, and June 7, said boundary line is defined and described, to wit: an act of Congress of the sixth March, eighteen hundred and twenty, entitled "An act to authorize the people of Missouri 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, and to prohibit slavery in certain Territories;" and an act of the seventh June, eighteen hundred and thirty-six, entitled "An act to extend the western boundary of the State of Missouri to the Missouri River:" Provided, however, That if either or both of said commissioners to be appointed on the part of the State of Missouri and Territory of Iowa should fail to attend to the aforesaid duty, after reasonable notice by the commissioner on the part of the United States, or if the State of Missouri, or governor of Iowa, or either of them, should fail to appoint such commissioner on their part, respectively, after reasonable notice from the President of the United Proviso. States, then, and in that case, the commissioner appointed on the part of the United States shall proceed to execute the duties enjoined by this act with either of said commissioners who may attend, or without the attendance of either or both of said commissioners, as the case may be. To be approv. SEC. 3. And be it further enacted, That the line to be so run, ascertained, and marked, shall not be deemed to be finally established and ed by Congress. ratified by the United States, until the map or plat, and description aforesaid, and also the said report of the commissioner shall be submitted to, and the boundary, as thus ascertained and marked, approved of and ratified by the Congress of the United States. (a) SEC. 4. And be it further enacted, That, for the purpose of carrying into Appropriation. effect the provisions of this act, the sum of four thousand dollars, be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated. (a) See Nos. 1068, 1759, 1763, 1774, 1776, 1779, 1785, 1787, 1788. No. 1762.-AN ACT making a donation of land to the Territory of Iowa, for the purpose of erecting public buildings thereon. March 3, 1839. Vol. 5, p. 330. Grant of land Be it enacted, &c, That there be, and hereby is, appropriated and granted to the Territory of Iowa, one entire section of land, of any of to Iowa for the the surveyed public lands in said Territory, for the purpose of erecting erection of pubthereon the public buildings for the use of the executive and legislative lic buildings. departments of the government of the said Territory: Provided, That Proviso. the said section of land shall be selected under the authority of the Territorial legislature, the seat of government located thereon, and notice of said selection officially returned to the register of the land office in the district in which the land is situated within one year from the passing of this act: And provided, further, That nothing herein contained shall authorize the selection of the sixteenth section in any town- viso. ship reserved for the use of schools, nor of any lot reserved for public purposes; and that in the selection to be made as aforesaid, no preexisting improvement or right to pre-emption recognized by law, shall be prejudiced thereby. Further рго Lands reserv SEC. 2. And be it further enacted, That if, at the time of the selection of the section of land to be made as aforesaid, the contiguous sections ed, &c. thereto have not been made subject to public sale, or being so subject have not been sold at public sale or by private entry, then each and every section contiguous to said selected section, and not so sold, shall be thereafter reserved and withheld from sale in any manner, until the further order of Congress thereon. But nothing herein expressed shall Iowa may disbe construed to restrain the said Territory of Iowa, after appropriating pose of such part a sufficient quantity of land within said selected section for the site and accommodation of the public buildings, from selling and disposing cient, &c. of the residue of said section in lots or otherwise, for the use of said Territory, in the erection and completion of said buildings. (a) (a) See Nos. 1766, 1777. No. 1763.~AN ACT to define and establish the eastern boundary line of the Territory of Iowa. of said land as is more than suffi March 3, 1839. Eastern boun dary of Iowa. Be it enacted, &c., That the middle or centre of the main channel of the river Mississippi shall be deemed, and is hereby declared, to be the eastern boundary line of the Territory of Iowa, so far or to such extent as the said Territory is bounded eastwardly by or upon said river: Pro- Proviso. vided, however, That the said Territory of Iowa shall have concurrent jurisdiction upon the said Mississippi River with any other conterminous State or Territory so far or to such extent as the said river shall form a common boundary between the aforesaid Territory of Iowa and any other such conterminous State or Territory. (a) (a) See Nos. 1068, 1759, 1761, 1774, 1776, 1779, 1785, 1787, 1788. No. 1764.-AN ACT granting two townships of land for the use of a University July 20, 1840. in the Territory of Iowa. Vol. 6, p. 810. Land granted Be it enacted, &c., That the Secretary of the Treasury be, and he is hereby, authorized to set apart and reserve from sale, out of any of the for a university public lands within the Territory of Iowa, to which the Indian title has becomes a State, been or may be extinguished, and not otherwise appropriated, a quan- &c. in Iowa when it tity of land, not exceeding two entire townships, for the use and sup- July 27, 1842. Authorized to land. No. 1765.-AN ACT to authorize the county commissioners of Linn County, in the Territory of Iowa, to enter, by legal subdivisions, a quarter-section of land, upon which the county seat has been located. Be it enacted, &c., That the county commissioners of the county of enter certain Linn, in the Territory of Iowa, be, and they are hereby, authorized within one year next after the date of this act, to make entry, at the proper land office, at the minimum price, of the west half of the northwest quarter of section numbered six, in township numbered eightythree north, of range numbered six west; and the east half of the northeast quarter of section numbered one, in township numbered eightythree north, of range numbered seven west; making one hundred and sixty acres, more or less, or a quarter-section of land, upon which the town of Marion, the county seat of said county is located, in full satisfaction of the claim of said county, under the provisions of the act entitled, "An act granting to the counties or parishes of State and Territory of the United States, in which the public lands are situated, the right of pre-emption to quarter-sections of land, for seats of justice within the same," approved twenty-sixth of May, one thousand eight hundred and twenty-four: Provided, That said lands, or any part thereof, shall not have been sold by the United States prior to the date of this act. Proviso. Aug. 1, 1842. to Johnson County. No. 1766.—AN ACT granting to the county of Johnson, in the Territory of Iowa, the right of pre-emption to a tract of land for a seat of justice for said county, and repealing the second section of an act approved the third day of March, eighteen hundred and thirty-nine, entitled "An act making a donation of land to the Terri tory of Iowa, for the purpose of erecting public buildings thereon." Right of pre Be it enacted, &c., That the right of pre-emption, at the minimum emption granted price for which the public lands are sold, is hereby granted to the county of Johnson, in the Territory of Iowa, for the fractional northwest quarter, east of the river, of section number fifteen, in township seventy-nine, of range six, west of the principal meridian, as reported to the land offices at Dubuque, in said Territory, containing one hundred and seventeen acres and sixty-four one-hundredths of an acre, more or less, on the same terms and conditions expressed in the act of the twenty-sixth day of May, eighteen hundred and twenty-four, entitled "An act granting to the counties and parishes of each State and Territory of the United States, in which the public lands are situated, the right of pre-emption to quarter-sections of land for seats of justice within the same;" which said right of pre-emption is in lieu of that to the quarter-section heretofore located by the commissioners of said county, which is relinquished. Part of act of SEC. 2. And be it further enacted, That so much of the second section March 3, 1839, of an act entitled "An act making a donation of land to the Territory repealed. of Iowa, for the purpose of erecting public buildings thereon," approved the third day of March, eighteen hundred and thirty-nine, as directed the contiguous sections to the section to be selected under said act, for the purpose aforesaid, to be reserved from sale or entry until the further action of Congress thereon, be, and the same is hereby, repealed: Provided, That the right of pre-emption shall not accrue to any person or persons who now are or may hereafter settle on said lands under any existing pre-emption law. (a) Proviso. Aug. 11, 1842. (a) See Nos. 1762, 1777. No. 1767.—AN ACT for the relief of Thomas M. Isett. Be it enacted, &c., That Thomas M. Isett, or his legal representatives, be, and they are hereby, authorized to enter at any of the land offices Authorized, on surrendering a in the Territory of Iowa, eighty acres of any of the public lands in said certain certifi- Territory, subject to private entry at the time, in consideration that cate, to enter said Thomas M. Isett shall first surrender to the proper department, to be cancelled, the receipt of the receiver of the land office at Burlington, in land. said Territory, for the purchase of the east half of the southwest quarter No. 1768.—AN ACT to grant pre-emption rights to settlers on the "Dubuque claim" so called, in the Territory of Iowa. Ang. 16, 1842. &c., Be it enacted, &c., That the lands lying in the county of Dubuque, in the Territory of Iowa, heretofore reserved for the Dubuque claim, so reserved for the called, which have not been sold by the United States, by virtue of the Dubuque claim, declared to be acts of the fourth day of July, one thousand eight hundred and thirtysix, and the third day of March, one thousand eight hundred and thirty- public lands. seven, be, and the same are hereby, declared to be public lands, and that settlers on said land, who but for said reservation would have been Settlers, enabled to enter the same under the pre-emption laws of nineteenth may enter said lands. June, one thousand eight hundred and thirty-four, twenty-second June, one thousand eight hundred and thirty-eight, first June, one thousand eight hundred and forty, or fourth September, one thousand eight hundred and forty-one, be, and they are hereby, authorized to enter the same at one dollar and twenty-five cents per acre, at any time within one year after the date of this act, upon complying with the provisions of either of said acts under which such person may claim; the settlers under the earlier law being entitled to the preference over those under a subsequent one: Provided, That this section is not to be regarded as extending the right of pre-emption to lands reserved for lead mines, salt springs, school sections, or town lots: And provided further, That should the said claim of Dubuque hereafter prove valid, compensation to the claimants shall be made by the United States in other public lands equal in quantity, subject to private entry. No. 1769.-AN ACT to authorize the selection of school lands in lieu of those granted to the half-breeds of the Sac and Fox Indians. Preference to settlers under the earliest law. Proviso. Proviso. 522. the selection. Aug. 23, 1842. Vol. 5, p. Be it enacted, &c., That the county commissioners of the county of Lee, County com. in the Territory of Iowa, be, and they are hereby, authorized to select, missioners of of any of the public lands of the United States subject to private entry Lee County auwithin the Iowa Territory, one section for each entire township of land thorized to make in the "half-breed tract," (a) in said county, and a proportional quantity for each fractional township in said tract, under such rules and regulations as shall be prescribed by the Secretary of the Treasury; which Lands selected land when selected, shall be subject to the same rules and regulations, subject to respecting school lands, as the sixteenth sections in all the townships of the public lands are subject. (b) (a) See Nos. 1755, 1770, 1771. (b) See Nos. 1668, 1760, 1772, 1775, 1777, 1782. No. 1770.—AN ACT directing the survey of the northern line of the reservation for the half-breeds of the Sochs [Sacs] and Fox tribes of Indians by the treaty of August one thousand eight hundred and twenty-four. the same rules as 16th sections. March 3, 1843. Be it enacted, &c., That the chief engineer cause to be surveyed and Boundary line suitably demarked the northern boundary line of the reservation for to be surveyed and suitably dethe use of the half-breeds of the Soch [Sacs] and Fox tribes of Indians, marked. by the treaty of the fourth of August one thousand eight hundred and twenty-four, beginning at the point, which at the date of said treaty was known and recognised as the northwest corner of the State of Missouri, and running thence due east to the river Mississippi, the section of said line lying between that stream and the river Des Moines being the northern boundary line of said reservation. (a) (a) See Nos. 1755, 1769, 1771. No. 1771.--AN ACT to repeal an act entitled "An act directing the survey of the northern line of the reservation for the half-breeds of the Sac and Fox tribes of Indi ans, by the treaty of August, one thousand eight hundred and twenty-four," approved March third, one thousand eight hundred and forty-three. June 15, 1844. Act of March Be it enacted, &c., That the act entitled "An act directing the survey of the northern line of the reservation for the half-breeds of the Sac 3, 1843, repealed. and Fox tribes of Indians, by the treaty of August, one thousand eight 48 L O-VOL II |
