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Long, and Matthew 0. Riley, as actual settlers, in section thirty-six, township pine north, of range fifteen west, and section thirty-six, township nine north, of range thirteen west, within the late Fort Kearney military reservation be, and the same are hereby, confirmed: Provided, State to select The State of Nebraska shall, by legislative act, assent thereto; and indemnity for the thereafter the said State shall be entitled to select other lands of equal
school sections 60
entered. area for school purposes as indemnity for the lands embraced in said ontries, in like manner as by existing law may be done in cases where lands in sections sixteen and thirty-six, appropriated for schools in Nebraska, have been sold, or otherwise disposed of by any act of Congress. (a)
(d) See Nos. 1856, 2082, 2086, 2088, 2089, 2095, 2125.
NEW MEXICO TERRITORY.
Sept. 9, 1850. No. 2134.-AN ACT proposing to the State of Texas the establishment of her Vol. 9, p. 446. northern and western boundaries, the relinquishment by the said State of all Ter
ritory claimed by her exterior to said boundaries, and of all her claims upon the
United States, and to establish a Territorial government for New Mexico. Propositions of Be it enacted, S'C., That the following propositions shall be, and the fered to Texas, same hereby are, offered to the State of Texas, which, when agreed to when accepted, to be binding up
by the said State, in an act passed by the general assembly, shall be on her and the binding and obligatory upon the United States, and upon the said United States. State of Texas: Provided, The said agreement by the said general asProviso.
sembly shall be given on or before the first day of December, eighteen
hundred and fifty: Bound ary of First. The State of Texas will agree that her boundary on the north Texas defined.
shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty minutes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; thence her boundary shall run due south to the thirty-second degree of north latitude; thence on the said parallel of thirty-two degrees of north latitude to the Rio Bravo del Norte, and thence with
the channel of said river to the Gulf of Mexico. Cession of ter- Second. The State of Texas cedes to the United States all her claim ritory to the United States.
to Territory exterior to the limits and boundaries which she agrees to establish by the first article of this agreement.
Boundary de SEC. 2. And be it furt enacted, That all that portion of the Territory fined, and tempo. of the United States bounded as follows: beginning at a point in the rary government Colorado River where the boundary line with the republic of Mexico created by the name of the Ter. crosses the same; thence eastwardly with the said boundary line to the ritory of New Rio Grande; thence following the main channel of said river to the Mexico. parallel of the thirty-second degree of north latitude; thence east with
said degree to its intersection with the one hundred' and third degree of longitude west of Greenwich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre; thence south with the crest of said mountains to the thirty-seventh parallel of north latitude; thence west with said parallel to its intersection with the boundary line of the State of California; thence with said boundary lin to the place of beginning-be, and the same is hereby, erected
into a temporary government, by the name of the Territory of New Proviso. Mexico: Provided, That nothing in this act contained shall be con
strued to inhibit the Government of the United States from dividing said Territory into two or more Territories, in such manner and at such
times as Congress shall deem convenient and proper, or from attaching Further pro.any portion thereof to any other Territory or State: And provided,
further, That, when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admis. sion.
Legislative Sec. 7. And be it further enacted, That the legislative power oi the power of the Ter- Territory shall extend to all rightful subjects of legislation, consistent ritory defined.
with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United
States; por shall the lands or other property of non-residents be taxed Laws to be sub. higher than the lands or other property of residents. All the laws mitted to Con. passed by the legislative assembly and governor shall be submitted to gress.
the Congress of the United States, and, if disapproved, shall be noli and of no effect.
SEC. 18. And be it further enacted, That the provisions of this act be, Provisi o ns of and they are hereby, suspended until the boundary between the Uni- this act to be susted States and the State of Texas shall be adjusted; and when such pended until the
boundary is a d. adjustment shall have been effected, the President of the United States
justed. shall issue his proclamation, declaring this act to be in full force and Proclamation. operation, and shall proceed to appoint the officers herein provided to be appointed in and for said Territory.
SEC. 19. And be it further enacted, That no citizen of the United States Citizen's rights shall be deprived of his life, liberty, or property, in said Territory, ex- protected. cept by the judgment of his peers and the laws of the land. (a)
(a) See Nos. 2137, 2138.
No. 2135.-AN ACT making appropriations, &c.
March 3, 1853. [Military reservations in New Mexico, &c., authorized. See CALIFOR. Vol. 10, p. 238. NIA, No. 2323.]
No. 2136.-AN ACT to establish the offices of surveyor.general of New Mexico, July 22, 1854. Kansas, and Nebraska, to grant donations to actual settlers therein, and for other Vol. 10, p. 308. purposes.
Be it enacted, 8c., That the President, by and with the advice and con- Surveyor-gensent of the Senate, shall be, and he is hereby, authorized to appoint a ralfor: New
Mexico; his apsurveyor-general for New Mexico, whose annual salary shall be three pointment, pow. thousand dollars, and whose power, authority, and duties shall be the er, authority, dusame as those provided by law for the surveyor-general of Oregon; he ties and compenshall have proper allowances for clerk hire, office rent, and fuel, not
Appropriation exceeding what now is or hereafter may be allowed by law to the said for clerk hire. surveyor-general of Oregon; and he shall locate his office from time to Location of his time at such places as may be directed by the President of the United office. States. (a)
SEC. 2. And be it further enacted, That, to every white male citizen of Donation of the United States, or every white malé above the age of twenty-one public lands to years who has declared his intention to become a citizen, and who was citizen or to ev.
male residing in said Territory prior to the first day of January, eighteen ery whito male hundred and fifty-three, and who may be still residing there, there shall above 21 years of be, and hereby is, dovated one quarter-section, or one hundred and sixty ago, who has de
clared bis inten. acres of land. And to every white male citizen of the United States, or tion and who are every wbite male above the age of twenty-one years, who has declared residing in said bis intention to become a citizen, and who shall have removed or shall Territory at pas. remove to and settle in said Territory between the first day of January, sage of this act.
Donation of eighteen hundred and fifty-three, and the first day of January, eighteen public lands to hundred and fifty-eight, there shall in like manner be donated one quar- those who shall ter-section, or one hundred and sixty acres, on condition of actual settle- remove there bament and cultivation for not less than four years : Prorided, however,
1st, 1853, and Jan. That each of said donations shall include the actual settlement and
uary 1st, 1858. improvement of the donee, and shall be selected by legal subdivisions, within three months after the survey of the land where the settlement was made before the survey; and where the settlement was made after the survey, then within three months after the settlement has been made; and all persons failing to designate the boundaries of their claims witbin that time, shall forfeit all right to the same. SEC. 3. And be it further enacted, That, op proof of the settlement and
Patent to issue, cultivation required by this act, to the satisfaction of the surveyor-general, or other officer designated by law for that purpose, subject to the supervision of the Secretary of the Interior, a certificate shall be issued to the party entitled, on presentation of which, if approved by the Secretary of the Interior, a patent shall issue thereon: Provided, however, Proviso. That on the death of any such settler before the completion of the four years' occupancy and cultivation required by this act, the right shall descend to his heirs at law, who shall be entitled to a certificate and patent, as aforesaid, on proof, as before provided, of continued occupancy and cultivation by such settler to the time of his death: Provi- Proviso. ded, however, That when lands are claimed under any of the provi. Patents to issue sions of this act by persons who are not citizens of the United States, to citizens only. patents shall not issue therefor until they become citizens.
Sec. 4. And be it further enacted, That none of the provisions of this Reservation of act shall extend to mineral or school lands, salines, military or other mineral and other reservations, or lands settled on and occupied for purposes of trade and commerce, and not for agriculture, and all legal subdivisions settled on
and occupied, in whole or in part, for purposes of trade and commerce, and not for agriculture, shall be subject to the provisions of the act of twenty-third of May, eighteen hundred and forty-four, in relation to town sites on the public lands, whether so settled and occupied before or after the survey of said lands, except that said lands shall be donated
instead of being sold. Reservation of SEC. 5. And be it further enacted, That when the lands in the said land for schools. Territory shall be surveyed, under the direction of the Government of
the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township, in said Territory, shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Terri
tories hereafter to be created out of the same. Reservation of SEC. 6. And be it further enacted, That, when the lands in said Terriland for a uni. tory shall be surveyed as aforesaid, a quantity of land equal to two townversity.
ships shall be, and the same is hereby, reserved for the establishment of a university in said Territory, and in the State hereafter to be created out of the same, to be selected, under the direction of the legislature, in
legal subdivisions of not less than one half-section. Land not taken SEC. 7. And be it further enacted, That any of the lands pot taken ununder this a o t der the provisions of this act shall be subject to the operation of the subject to the act preëmption act of fourth September, eighteen hundred and forty-one,
whether settled upon before or after the survey ; and, in all cases where the settlement was made before the survey, the settler shall file his declaration within three months after the survey is made and returned;
and any person claiming a donation under this act shall be permitted to Time in which enter the land claimed by him at any time prior to the four years' occathe land may be pancy and cultivation required, by paying therefor at the rate of one entered.
dollar and twenty-five cents per acre, and proving occupancy and cul
tivation up to the time of such payment. (6) Spanish and SEC. 8. And be it further enacted, That it shall be the duty of the surMexican claims veyor-general, under such instructions as may be given by the Secreto land to be as- tary of the Interior, to ascertain the origin, nature, character, and ex. certained.
tent of all claims to lands under the laws, usages, and customs of Spain and Mexico; and, for this purpose, may issue notices, summons wit
nesses, administer oaths, and do and perform all other necessary acts in Portion of such the premises. He shall make a full report on all such claims as origiclaims to be re- nated before the cession of the Territory to the United States by the ported. treaty of Guadalupe Hidalgo, of eighteen hundred and forty-eight, de
noting the various grades of title, with his decision as to the validity or invalidity of each of the same under the laws, usages, and customs of the country before its cession to the United States; and shall also make a report in regard to all pueblos existing in the Territory, showing the extent and locality of each, stating the number of inbabitants in the said pueblos, respectively, and the nature of their titles to the land.
Such report to be made according to the form which may be prescribed The report to by the Secretary of the Interior; which report shall be laid before Conbo laid before gress for such action thereon as may be deemed just and proper, with a Congress for ac- view to confirm bond-fide grants, and give full effect to the treaty of
eighteen hundred and forty-eight between the United States and Lands covered Mexico; and, until the final action of Congress on such claims, all lands by such claims covered thereby shall be reserved from sale or other disposal by the reserved from
Government, and shall not be subject to the donations granted by the
previous provisions of this act. (c) Full power
SEC. 9. And be it further enacted, That full power and authority are given to execute hereby given the Secretary of the Interior to issue all needful rules and
regulations for fully carrying into effect the several provisions of this act.
(a) See No. 2146.
Aug. 4, 1854. No. 2137.-AN ACT declaring the southern boundary of New Mexico.
Be it enacted, 8c., That, until otherwise provided by law, the terriThe territory tory acquired under the late treaty with Mexico, commonly known as lately acquired the Gadsden treaty, be, and the same is hereby incorporated with the from Mexico to Territory of “ New Mexico," subject to all the laws of said last-named be a part of New Mexico.
(a) See Nos. 2134, 2138.
No. 2138.-A PROCLAMATION by the President of the United States of America June 2, 1856. respecting the boundary with Mexico.
Vol. 11. p. 793. Whereas pursuant to the first article of the treaty between the United Preamble. States and the Mexican Republic, of the thirtieth day of December, one thousand eight hundred and fifty-three, the true limits between the territories of the contracting parties were declared to be as follows:
“Retaining the same dividing line between the two Californias as already defined and established, according to the fifth article of the treaty of Guadalupe Hidalgo, the limits between the two Republics shall be as follows:
“ Beginning in the Gulf of Mexico, three leagues from land, opposite Boundary. the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31° 47' north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31° 20' north latitude; thence along the said parallel of 310 20' to the 111th meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colorado rivers; thence up the middle of the said river Colorado until it intersects the present lino between the United States and Mexico :"
And whereas, the said dividing line has been surveyed, marked out, and established, by the respective commissioners of the contracting parties, pursuant to the same article of the said treaty:
Now, therefore, be it known, that I, Franklin Pierce, President of the United States of America, do hereby declare to all whom it may concern, that the line aforesaid shall be held and considered as the boundary between the United States and the Mexican Republic, and shall be respected as such by the United States and the citizens thereof. (a)
In testimony whereof, I have caused the seal of the United States to be hereunto affixed.
Given under my hand, at the City of Washington, this second day of June, in the year of our Lord one thousand eight hundred and fifty-six, and of the Independence of the United States the eightieth. [L. 6.]
FRANKLIN PIERCE. By the President:
W. L. MARCY, Secretary of State. (a) See Nos. 2134, 2137.
No. 2139,-AN ACT to create a land district in the Territory of New Mexico. May 24, 1858.
Vol. 11, p. 292 Be it enacted, 8c., That the public lands in the Territory of New Mexico, to which the Indian title shall have been extinguished, shall con- District of New stitute a land district to be called the “district of New Mexico," the Mexico land disoffice for wbich shall be established at such place within said district trict. as the President of the United States may from time to time direct.
SEC. 2. And be it further enacted, That, for the purpose of carrying Register and this act into effect, the President shall be, and he is hereby, authorized receiver author
zed. to appoint, by and with the advice and consent of the Senate, or during the recess thereof, a register and receiver for the district hereby created, who shall be required to reside at the site of the office, and whose powers, duties, obligations, and responsibilities shall be the same as are now prescribed by law for other land officers, (so far as they apply to these officers.) (a)
SEC. 3. And be it further enacted, That this act shall not take effect in When to take less than six months after its passage.
effect. (a) See No. 2159.
No. 2140,-AN ACT to confirm the land claim of certain pueblos and towns in the Dec. 22, 1858. Territory of New Mexico.
Vol, 11, p. 374. Be it enacted 8c., That the pueblo land claims in the Territory of Pueblo land New Mexico designated in the corrected lists as