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sidue of lots at
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 termined all the cases of pre-emption under the act to which this is an Ceivor, after the
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,
shall expose reprovided for the sale of public lands in other cases ; and after paying the 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 bid. land 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 commis
After paying tion, into the hands of the trustees of the respective towns aforesaid, to siopers, &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 commisto carry this act into effect, shall be paid by the receiver of public siovers 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 Ter.
June 12, 1838. ritorial government of Iowa.
Vol. 5, p. 235. 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 What part of Mississippi River, and west of a line drawn due north from the head- the present Ter
ritory of Wiscon. waters or sources of the Mississippi to the Territorial line, shall, for consin shall con: the 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 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 Prorided, 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
ted, to within the said Territory, so lorg as such rights shall remain unextinguished 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 anywise 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 Gov. ernment 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.
SEC. 6. And be it further enacted, That the legislative power of the Powers 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 Restrictions. 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.
proval. (a) See Nos. 1068, 1761, 1763, 1774, 1776, 1779, 1783, 1787, 1788.
No. 1760.-AN ACT to establish two additional land offices in that part of Wiscon- June 12, 1838. sin Territory west of the river Mississippi.
Vol. 5, p. 243. Be it enacted, fic., That for the sale of the public lands in that part Two land disof 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 live which forms the northern bound- public lands.
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 establisbed 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. President 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 and receiver for 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 tion.
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
, exposed to sale. section numbered sisteen in each township, reserved for the use of
schools, (b) or such other lands as inay 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) President SEC. 4. And be it further enacted, That whenever the President may thorized to
re; deem it expedient, he is hereby authorized to remove the said land move the land offices.
offices to such other places within those districts as he may judge
(a) See Nos. 1781, 1790, 1793.
June 18, 1838.
No. 1761.-AN ACT to authorize the President of the United States to cause the Vol. 5, p. 248. southern boundary line of the Territory of Iowa to be ascertained and marked.
President to Be it enacted, 8c., 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 tained and mark towa to be ascer: the Mississippi River, which divides said Territory from the State of ed.
Missouri; and that, for that purpose he shall appoint a commissioner President toon the part of the United States, who (with the aid of such surveyor appoint.com. or surveyors as may be necessary) 'shall unite or act in conjunction with
to act &c., in running; a commissioner to be appointed by the State of Missouri and a commis&c., the line. sioner 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 Presi
dent 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, &o. or survey-bill thereof appended to each map or plat; ono 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. 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 18:20, and June 7, said boundary line is defined and described, to wit: an act of Congress
of the sixth Marcb, eighteen hundred and twenty, entitled “An act to authorize the people of Missouri Territory to form a constitution and State government, and for the adınission of such State into the Union on an equal footing with the original States, and to probibit slavery in certain Territories;" and au act of the seventh June, eighteen hundred
and thirty-six, entitled “An act to extend the western boundary of the Proviso. 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
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 SEC. 3. And be it further enacted, That the line to be so run, ascer
To be approv. tained, 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 March 3, 1839. purpose of erecting public buildings thereon.
Vol. 5, p. 330. Be it enacted, 8c, That there be, and hereby is, appropriated and Grant of land granted to the Territory of Iowa, one entire section of land, of any of to lowa for the the surveyed public lands in said Territory, for the purpose of erecting erection of pab. thereon 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 con- Further pro tained 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.
SEC. 2. And be it further enacted, That if, at the time of the selection Lands 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 dis. be construed to restrain the said Territory of Iowa, after appropriating pose of such pars
of said land is a sufficient quantity of land within said selected section for the site
more than suffi. 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 Ter. March 3, 1839. ritory of Iowa.
Vol. 5, p. 357. Be it enacted, 8c., That the middle or centre of the main channel of
Eastern boun. tbe river Mississippi shall be deemed, and is hereby declared, to be the dary of Iowa. 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. rided, 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 tho 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.
Ne, 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. Be it enacted, &c., That the Secretary of the Treasury be, and he is Land gran tod 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 in Iowa wien.it
a State, been or may be extinguished, and not otherwise appropriated, a qnav- &c.
tity of land, not exceeding two entire townships, for tho use and snpport of a university within the said Territory when it becomes a State, and for no other use or purpose whatsoever, to be located in tracts of not less than an entire section, corresponding with any of the legal divisions into which the public lands are authorized to be surveyed. (a)
(a) See No. 1777.
July 27, 1842. No. 1765.-AN ACT to authorize the county commissioners of Linn County, in the Vol. 6, p. 844. Territory of Iowa, to enter, by legal subdivisions, a quarter-section of land, upon
which the county seat has been located. Authorized to Be it enacted, 8c., 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 balf 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 eighty, three 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-emptiou to quarter-sections of land, for seats of justice
within the same," approved twenty-sixth of May, one thousand eight Proviso. hundred and twenty-four: Provided, That said lands, or any part there
of, shall not have been sold by the United States prior to the date of this act.
Aug. 1, 1842. No. 1766.-AN ACT granting to the county of Johnson, in the Territory of Iowa, Vol. 6, p. 846. 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 approred 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, 8c., That the right of pre-emption, at the minimum emption granted Johnson
price for which the public lands are sold, is hereby granted to the County.
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 : ProProviso. vided, 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)
(a) See Nos. 1762, 1777.
Aug. 11, 1842.
No. 1767.-AN ACT for the relief of Thomas M. Isett. Vol, 6, p. 854. Be it enacted, f'c., That Thomas M. Isett, or his legal representatives, Authorized, on
be, and they are hereby, authorized to enter at any of the land offices surrendering a in the Territory of Iowa, eighty acres of any of the public lands in said certain certif. 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
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" Ang. 16, 1842. so called, in the Territory of Iowa.
Vol. 5, p. 507. Be it enacted, &c., That the lands lying in the county of Dubuque, in
Certain lands 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, acts of the fourth day of July, one thousand eight hundred and thirty
declared to be six, 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 tbat 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, outer said
. June, one thousand eight hundred and thirty-four, twenty-second June, one thousand eight hundred and thirty-eight, first June, one thousand eight handred 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-tive 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 Preference to ander the earlier law being entitled to the preference over those under Bottlers ondertho a subsequent one: Prorided, That this section is not to be regarded as
earliest law. extending the right of pre-emption to lands reserved for lead mines, Proviso. salt springs, school sections, or town lots: And provided further, That Proviso. 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 Aug. 23, 1842. to the half-breeds of the Sac and Fox Indians.
Vol. 5, p. 322. Be it enacted, 8-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 Leo County au.
thorized to mako within the lowa Territory, one section for each entire township of land
the selection. 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 same rules a 8
16th sections. the public lands are subject. (b)
(a) See Nos. 1755, 1770, 1771.
No. 1770.-AN ACT directing the survey of the northern line of the reservation for March 3, 1843.
the half-breeds of the Sochs (Sacs) and Fox tribes of Indians by the treaty of August Vol. 5, p. 622. one thousand eight hundred and twenty-four.
Be it enacted, 8c., That the chief engineer cause to be surveyed and Boundary line suitably demarked the northern boundary line of the reservation for to be surveyed the 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 June 15, 1844.
Dorthern line of the reservation for the balf-breeds of the Sac and Fox tribes of Indi. Vol. 5, p. 666.
Act of March 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
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