river Tennessee: Provided, That such tolls shall be expended 1836. exclusively on the said canals, and shall not exceed in amount, Proviso. the sum required to keep them in repair, and to defray the expenses of lock tenders, collectors, superintendents, and, managers; and that no part of this act shall be construed as a repeal of the exemption, contained in the seventh section of the aforesaid act, of the property of the United States, and all persons in their service, from any toll whatever: And provided further, That Proviso. an annual report shall be made to the Secretary of the Treasury of the United States, of the rate and amount of tolls charged or collected on said canals, and their application.

Approved, 23d of June, 1836.

CHAP. 120. An ACT supplementary to the act entitled "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."

ceptance of the General Assem

[SEC. 1.] Be it enacted by the Senate and House of Represen tatives of the United States of America in Congress assembled, That in lieu of the propositions submitted to the Congress of the Propositions of United States, by an ordinance passed by the convention of Dele- fered for the acgates at Little Rock, assembled for the purpose of making a con- bly of Arkansas, stitution for the State of Arkansas, which are hereby rejected; and that the following propositions be, and the same are hereby, offered to the General Assembly of the State of Arkansas, for their free acceptance or rejection, which if accepted, under the authority granted to the General Assembly, for this purpose, by the convention which framed the constitution of the said State, shall be obligatory upon the United States:

for schools.

First. That section numbered sixteen in every township, and sections of land when 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 the inhabitants of such township for the use of schools.

Second. That all salt springs not exceeding twelve in number, Salt springs, with six sections of land adjoining to each, shall be granted to the said State, for the use of said State, the same to be selected by the General Assembly thereof on or before the first day of January, one thousand eight hundred and forty; and the same, when so selected, to be used under such terms, conditions, and regulations, as the General Assembly of the said State shall direct: Provided, That no salt spring, the right whereof is now vested Proviso. 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 Provisothe General Assembly shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress; and that nothing contained in the act of Congress entitled An act authorizing the Governor of the Territory of Arkansas to, lease the salt springs in said Territory, and for other purposes," or in any other act, shall be construed to give to the

1836.

Per centage upon lands sold, to be

and canals.

said State any further or other claim whatsoever, to any salt springs or lands adjoining thereto, than to those hereby granted:

Third. That five per cent. of the nett proceeds of the sale of applied to roads lands lying within the said State, and which shall be sold by Congress, from and after the first day of July next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals within the said State, under the direction of the General Assembly thereof.

Completion of the public buildings.

Semiray of learn
Ing.

Pio iso.

Fourth. That a quantity of land not exceeding five sections be, and the same is hereby, granted to the said State in addition to the ten sections which have already been granted, for the purpose of completing the public buildings of the said State at Little Rock; which said five sections shall, under the direction of the General Assembly of said State, be located, at any time, in legal divisions of not less than one-quarter section, in such townships and ranges as the General Assembly aforesaid may select, on any of the unappropriated lands of the United States within the said State.

Fifth. That the two entire townships of land which have already been located by virtue of the act entitled "An act concerning a seminary of learning in the Territory of Arkansas," approved the second of March, one thousand eight hundred and twenty-seven, and hereby vested in and confirmed to the General Assembly of the said State, to be appropriated solely to the use of such seminary by the General Assembly: Provided, That the five foregoing propositions herein offered, are on the condition that the General Assembly or 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 General Assembly of 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, whilst 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, 23d June, 1836.

CHAP. 121. An ACT supplementary to the act entitled "An act to establish the northern boundary line of the State of Ohio, and to provide for the admis sion of the State of Michigan into the Union on certain conditions."

[SEC. 1.] Be it enacted by the Senate and House of Represen tatives of the United States of America in Congress assembled, That in lieu of the propositions submitted to the Congress of the

1836.

fered for the ac

Michigan.

of

United States by an ordinance passed by the convention of delegates at Detroit, assembled for the purpose of making a constitu- Propositions of tion for the State of Michigan, which are hereby rejected; and ceptance of the that the following propositions be, and the same are hereby of Legislature fered to the Legislature of the State of Michigan, 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.

for schools.

for university,

First. That section numbered sixteen in every township of section of land 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 Sections of land reserved for the use and support of a university by an act of Congress approved on the twentieth day of May, eighteen hundred and twenty-six, entitled "An act concerning a seminary of learning in the Territory of Michigan," 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; And provided, also, That nothing herein con- Provise. tained shall be so construed as to impair or affect in any way the rights of any person or persons claiming any of said seventytwo sections of land, under contract or grant from said university.

Third. That five entire sections of land, to be selected and Erection of publocated under the direction of the Legislature, in legal divisions lic buildings. 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 publie 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 Salt springs. 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, on or before the first of January, eighteen hundred and forty; and the same, when so selected, to be used on such terms, conditions, and regulations, as the Legislature of the said State shall direct: Pro- Proviso. vided, That no salt spring, the right whereof is now vested in any individual or individuais, 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 Proviso. the General Assembly shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress.

lands sold, to be

Fifth. That five per cent. of the nett proceeds of the sales of Por centage upon all public lands lying within the said State, which have been or applied to reads shall be sold by Congress, from and after the first day of July, and canals. eighteen hundred and thirty-six, after deducting all the expenses incident to the same, shall be appropriated, for making public

1836.

Proviso.

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 fule 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, whilst 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 23d June, 1836.

CHAP. 122. An ACT to authorize the President of the United States to cause to be issued to Albert J. Smith, and others, patents for certain reservations of land in Michigan Territory.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to issue, or cause to be issued, to Metaw-ne-nee, (or Albert J. Smith,) Messaw-wa-kut, (or Harriet M. Smith,) Annoket-o-qua, (or Louisa L. Smith,) and Non-dash-e-man, (or Maria G. Smith,) being children of Jacob Smith, deceased, formerly a trader among the Chippewa Indians,) patents for one section of land each; also, one section of land conjointly, to the aforesaid Albert G. Smith, Harriet M. Smith, Louisa L. Smith, and Maria G. Smith, being the only surviving brother and sisters of Sagos-e-qua, (or Caroline Smith) deceased, who was also one of the children of Jacob Smith, deceased, at or near the grand traverse of the Flint river, in the Territory of Michigan, which said sections of land were reserved to said children, by the third article of the treaty made and concluded at Saganaw, in the said Territory, between the United States of America, and the Chippewa nation of Indians, on the twenty-fourth day of September, in the year of our Lord, one thousand eight hundred and nineteen. Approved, 23d June, 1836.

CHAP. 123. An ACT for the relief of Henry Stoddard.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury cause to be issued to Henry

acres of land to

Stoddard, assignee of Nicholas Smith, who is assignee of Fran- 1836. cis Dochoquet, a patent for three hundred and twenty acres of a patent for 320 land, in accordance to a grant of the chiefs of the Shawnee be issued to him. nation of Indians, in the late Wapaghkonetta reservation, in the State of Ohio; which tract of land is situated on the north side of the Auglaise river, at a place called Cotoseka embracing parts of sections numbers thirty and thirty-one, in township five south, of range six east, according to the plat and survey thereof Provided nevertheless That the patent directed to be issued, as Provise. aforesaid shall only operate as a relinquishment, on the part of the United States, and not against the rights of third persons. Approved, 23d June, 1836.

CHAP. 121. An ACT for the relief of Benjamin F. Stone.

him by the collec

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the collector of the port of Bath, in the State of Maine, be, $50 to be paid to and he is hereby, authorized and directed to pay to Benjamin F. or of Bath. Stone, master of the brig Mary Averill, of Gardiner, in said State, the sum of fifty dollars, the amount of a fine paid by said Stone to the collector of New Orleans, for departing from said port of Bath, in said brig Mary Averill, in October, one thousand eight hundred and thirty-three, without having on board a manifest of her cargo; it being in evidence, that this omission was altogether a mistake, and not the result of a design to defraud the revenue, or violate any law of the United States.

Approved, 23d June, 1836.

CHAP. 125. An ACT for the relief of Francis R. Theobald. *

him by the collec

[SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the collector of the port of Bath, in the State of Maine, be, 850 to be paid to and he is hereby, authorized and directed to pay to Francis R. tor of Bath. Theobald, master of the brig Euphrates, of Gardner, in said State, the sum of fifty dollars the amount of a fine paid by him to the collector of New Orleans, for departing from said port of Bath in said brig Euphrates, in November, oue thousand eight hundred and thirty-three, without having on board a manifest of his cargo; it being in evidence that the omission was altogether a mistake, and not the result of any of any design to defraud the revenue, or violate any law of the United States.

Approved, 23d June, 1836.

1

CHAP. 126. An ACT for the relief of Jacob F. Walter.

[SEC. 1. Be it enacted by the Senate and House of Represen tatives of the United States of America in Congress assembled, That the Secretary of the Treasury pay to Jacob F. Walter, out