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ARIZONA TERRITORY.

No. 2215.-A PROCLAMATION by the President of the United States of America June 2, 1856. respecting the boundary with Mexico.

Vol. 11, p. 793. [See NEW MEXICO, No. 2138.]

No. 2216.-AN ACT making appropriations for the current and contingent ex.

penses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending Jane thirtieth, eighteen hundred and sixty.

Feb. 28, 1859.
Vol. 11, p. 388.

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SEC. 3. And be it further enacted, That the President of the United Tracts occupied States be, and he hereby is, anthorized and required to cause to be sur. by the Pima and veyed, and the boundaries thereof permanently marked, the tract or Maricopa In:

dians on the Gila tracts of land lying on or near the Gila River, in the Territory of Ari

River to be surzona, New Mexico, now occupied by the confederated bands of Pima and voyed, &c. Maricopa Indians, and the sum of one thousand dollars is hereby appropriated to defray the expenses of the said survey:

SEC. 4. And be it further enacted, That the President of the United Reservations States be, and he hereby is, authorized and required to set apart the for said Indians. tract or tracts of land aforesaid as a reservation for the confederated bands of Pimas and Maricopas : Provided, That the said reservations Proviso. shall not exceed one hundred square miles in extent.

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Boundaries.

No. 2217.-AN ACT to provide a temporary government for the Territory of Ari. Feb. 24, 1863. zona, and for other purposes.

Vol. 12, p. 664. Be it enacted, 8c., That all that part of the present Territory of New Territory of Mexico situate west of a line running due south from the point where Arizona. the southwest corner of the Territory of Colorado joins the northern boundary of the Territory of New Mexico to the southern boundary line of said Territory of New Mexico be, and the same is hereby, erected into a temporary government by the name of the Territory of Arizona: Prorided, That nothing contained in the provisions of this act shall be May be divided construed to prohibit the Congress of the United States from dividing hereafter. said Territory or changing its boundaries in such manner and at such time as it may deem proper: Provided, further, That said government Territorial gov. shall be maintained and continued until such time as the people resid- ernment to re. ing in said Territory shall, with the consent of Congress, form a State main until, &c. government, republican in form, as prescribed in the Constitution of the United States, and apply for and obtain admission into the Union as a State, on an equal footing with the original States. (a)

SEC. 2. And be it further enacted, That the government hereby auth- Government, orized shall consist of an executive, legislative, and judicial power. executive, legisThe executive power shall be vested in a governor. The legislative lative, judicial. power shall consist of a council of nine members, and a house of representatives of eighteen. The judicial power shall be vested in a supreme court, to consist of three judges, and such inferior courts as the legis. lative council may by law prescribe; there shall also be a secretary, a Officers, how marshal, a district attorney, and a surveyor-general (b) for said Terri- appointed, &o. tory, who, together with the governor and judges of the supreme court, shall be appointed by the President, by and with the advice and consent of the Senate, and the term of office for each, the manner of their appointment, and the powers, duties, and the compensation of the governor, legislative assembly, judges of the supreme court, secretary, marshal, district attorney, and surveyor-general aforesaid, with

their clerks, draughtsman, deputies, and sergeant-at-arms, shall be such as are conferred upon the same officers by the act organizing the Territorial government of New Mexico, which subordinate officers

shall be appointed in the same manner, and not exceed in number Acts governing those created by said act; and acts amendatory thereto, together with New Mexico, ex: all legislative enactments of the Territory of New Mexico not incontended to this Territory.

sistent with the provisions of this act, are hereby extended to and con

tinued in force in the said Territory of Arizona, until repealed or Proviso.

amended by future legislation : Provided, That no salary shall be due or paid the officers created by this act until they have entered upon the duties of their respective offices within the said Territory.

(a) See Nos. 2138, 2215.
(b) See Nos. 2172, 2218, 2221.

July 2, 1864.
Vol. 13, p. 344.

No. 2218.-AN ACT making appropriations, &c. [Arizona and New Mexico to constitute one surveying district. See COLORADO, No. 2172.]

July 27, 1866.
Vol. 14, p. 292.

No. 2219.-AN ACT granting lands to aid in the construction of a railroad and

telegraph line from the States of Missouri and Arkansas to the Pacific Coast. [See MissouRI, No. 1121.]

March 2, 1867. No. 2220.-AN ACT to create the office of surveyor-general in the Territory of Vol. 14, p. 542. Montana, and establish a land office in the Territories of Montana and Arizona.

[See MONTANA, No. 1970.]

July 11, 1870. No. 2221.- AN ACT to make the Territory of Arizona a separate surveying district, Vol. 16, p. 230.

and to establish the office of surveyor-general therein. Arizona made a Be it enacted, &c., That the Territory of Arizona is hereby created a separate survey- separate surveying district, and that the President, by and with the ing district.

consent of the Senate, shall be, and hereby is, authorized to appoint a Surveyor-gen. surveyor.general for the Territory, whose annual salary shall be three eral, his salary, thousand dollars, and whose power, anthority, and duties shall be the power, duties, al. same as those provided by law for the surveyor-general of Oregon. He lowances, and lo- shall have proper allowances for clerk hire, office rent, and fuel, and he

shall locate his office from time to time at such places as may be directed by the President of the United States. (a)

(a) See Nos. 2172, 2217, 2218.

of .

July 15, 1870.
Vol. 16, p. 291.

No. 2222.-AN ACT making appropriations for sundry civil expenses of the Gov; ernment for the year ending

June thirty, eighteen hundred and seventy-one, and for other purposes.

laws

Surveyor.gen.

For surveying the public lands in Arizona, at rates not exceeding fiferal of Arizona to teen dollars per lineal mile for standard lines, twelve dollars for town.

upon nature and extent ship, and ten dollars for section lines, ten thousand dollars: Provided, of claims to lands That it shall be the duty of the surveyor-general of Arizona, under such therein, under instructions as may be given by the Secretary of the Interior, to ascerthe and tain and report upon the origin, nature, character, and extent of the usages of Spain claims to lands in said Territory under the laws, usages, and customs and Mexico.

of Spain and Mexico; and for this purpose he shall have all the powers conferred, and shall perform all the duties enjoined upon the surveyorgeneral of New Mexico by the eighth section of an act entitled "An act to establish the offices of surveyor-general of New Mexico, Kansas, and

Nebraska, to grant donations to actual settlers, and for other purposes," Reports to be approved July twenty-second, eighteen hundred and fifty-four, and his laid before Con- report shall be laid before Congress for such action thereon as shall be gress.

deemed just and proper.

March 3, 1871. No. 2223.-AN ACT to incorporate the Texas Pacific Railroad Company, and to aid Vol. 16, p. 573.

in the construction of its road, and for other purposes. [See CALIFORNIA, No. 2391.]

No. 2224.-AN ACT creating an additional land district in the Territory of Arizona. Feb. 18, 1873.

Vol. 17, p. 465. Be it enacted, 8c., That all that portion of the Territory of Arizona embraced in the following-described limits, to wit: commencing at the

Gila land dis. eastern boundary of the Territory, at the intersection of the first stand. trict in Arizona

established. ard lipe north; and running thence west on that line to the western

Boundaries. boundary of the Territory; thence south with said boundary line to the southern boundary of the Territory; thence east on said line to the eastern boundary of the eastern boundary of the Territory; and thence north on said line to the place of beginning, shall constitute a separate land district, to be called the Gila land district, the office of which shall Land office. be located at such place in said district as the President of the United States may direct, which may be changed from time to time as the public interest may require.

SEC. 2. That the President shall appoint, by and with the advice and Register, and consent of the Senate or in the recess of the Senate, a register and a

residence, receiver of public moneys for said district; and said officers sball reside ers, and pay. in the place where said land office is located; and they shall have the same powers, perform the same duties, and receive the same emoluments as are, or may be prescribed by law in relation to land offices of the United States in other Territories. (a)

(a) See Nos. 1970, 2220.

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No. 2225.-AN ACT authorizing the Secretary of War to relinquish and turn over June 22, 1874.

to the Interior Department parts of certain reservations in the Territory of Arizona Vol. 18, p. 201. as may be no longer required for military purposes.

Be it enacted, fc., That the Secretary of War be, and he is hereby, Certain reger. authorized to relinquish and turn over to the Department of the Inte- vations in Arizorior, for restoration to the public domain, such parts of what are known pa Territory to be

restored as the Fort Yuma, (a) Fort Whipple, and Camp Date Creek reservations, public domain. in the Territory of Arizona, as may in theopinion of the Secretary of War, be no longer required for military purposes : Prorided, That the Secretary To be offered of the Interior shall expose the same at public offering for sale to the at public sale. highest bidder in the legal subdivision not greater than one quarter- Conditions. section when the same can be made, and not below the minimum price provided by law. And any land left unsold at such offering to be held Unsold portion, thereafter for disposal as other public lands. Notice of such public how disposed of. sale shall be published for sixty days in two newspapers each, one pub- Notice of sale. lished in the capital of the Territory, and the other circulating nearest the place of sale: Provided further, That bona-fide settlers, upon any Rights of setpart of said lands prior to the declaration of the reservation lines, shall tlers. have a right to acquire title to the lands so occupied by them at said time, not exceeding one hundred and sixty acres each, under the land laws of the United States.

(a) See No. 2226.

No. 2226.-AN ACT authorizing the Commissioner of the General Land Office to Jan. 28, 1875. grant a patent for certain land in the Territory of Arizona.

Vol. 18, p. 303. Be it enacted, fc., That the Coinmissioner of the General Land Office

Patent of town be, and he is hereby, authorized to include, under the patent for the of Yuma to in. town site of the town of Yuma, county of Yuma, and Territory of Ari- clude certain

lands. zona, that part of the Fort Yuma military reservation (not exceeding ten acres of land in all,) restored to the public domain under the act of Congress entitled "An act authorizing the Secretary of War to relinquish and turn over to the Interior Department such parts of certain reservations in the Territory of Arizona as may be no longer required for military purposes," approved June twenty-second, eighteen hundred and seventy-four. (a)

(a) See No. 2225.

No. 2227-AN ACT to grant title to certain lands in the Territory of Arizona. Feb. 5, 1875.

Vol. 18, p. 305. Whereas, certain lands in Santa Cruz Valley, county of Pima, and Territory of Arizona, have for many years been occupied and possessed Preamble. by persons of Mexican birth, who became citizens of the United States under the treaty of Guadalupe Hidalgo and the Gadsden treaty; and whereas the said persons desire to secure patents for said lands in the

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ceiver,

small and irregular tracts in which they were originally taken up under Mexican authority, and have been held and cultivated to the present time, and they cannot do so under the existing land laws of the United

States; Therefore, Relinquishing Be it enacted, 8c., That all the right and title of the United States to certain lands in the land embraced in sections two, eleven, and fourteen, and the east Pima County, half of sections three, ten and fifteen of township fourteen south, range Arizona, to coroccupants. thirteen east, Gila and Salt River meridian, in the county of Pima, Ter

ritory of Arizona, be, and the same are hereby, relinquished and granted to the person or persons who have been in the actual bona-fide occupancy or possession of said land, by themselves or their ancestors or

grantors for twenty years next preceding the date of the passage of Facts to be de- this act; and it shall be the duty of the register and the receiver of termined by the United States land office for the district in which said land lies, to register and re.

hear and determine, subject to the approval of the Commissioner of the General Land Office, the rights of the parties claiming under this act; and for that purpose the said register and the said receiver shall have power to summon witnesses, administer oaths, and take testimony relative to such occupancy or possession: Provided, That no claim as afore

said shall be of any validity under this act unless it shall have been Claim to be filed duly filed with the said register and the said receiver within one year within one year. after the passage of this act: And provided further, That this grant

Grant not to ex: shall not extend to any reservation of the United States, nor prejudice tions, nor affect any valid adverse right or claim, if such exist, to said land, or any part adverse rights. thereof, nor preclude a judicial examination and adjustment thereof.

Survey of SEC. 2. That whenever it shall have been determined by the said claims.

register and the said receiver, or on appeal by the Commissioner of the General Land Office or Secretary of the Interior that any tract has been occupied as aforesaid, it shall be the duty of the surveyor-general for said "Territory to cause the said claims to be surveyed in accordance with the lines of such occupancy, and to furnish approved plats of the

same, upon the receipt and approval of which said plats, and the fieldPatent, when to notes thereof by the Commissioner of the General Land Office, patents be issued. shall issue as in other cases.

Lands not 00- SEC. 3. That any part or parts of said designated lands that are not cupied fortwenty shown, to the satisfaction of the Commissioner of the General Land gears to be open Office, to have ween so occupied for twenty years, shall be held by him for settlement.

as open to settlenient under the provisions of the preömption or homestead laws of the United States, and patents may be issued therefor for

any number of acres not exceeding one hundred and sixty that parties Prior right of complying with said legal provisions may desire to hold! Provided, occupantsforless That all existing occupants who have settled on said lands within a than twenty period of less than twenty years shall have the prior right to acquire

the same under the homestead laws of the United States.

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OR E GON.

No. 2228.-AN ACT to establish the Territorial government of Oregon.

Aug. 14, 1848.

Vol. 9, p. 323. Be it enacted, &c., That from and after the passage of this act, all that part of the territory of the United States which lies west of the summit Temporary gov. of the Rocky Mountains, north of the forty-second degree of north lati- ernment for Tertude, known as the Territory of Oregon, shall be organized into and

ritory of Oregon

established. constitute a temporary government by the name of the Territory of Oregon : Provided, That nothing in this act contained shall be construed Proviso as to to impair the rights of person or property now pertaining to the Indians Indians in 8 aid

Territory. in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to affect the authority of the Government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by troaty, law, or otherwise, which it would have been competent to the Government to make if this act had never passed: And provided, also, That the Title to mis title to the land, not exceeding six hundred and forty acres, now occu- sionary stations pied as missionary stations among the Indian tribes in said Territory,

contirmed. together with the improvements thereon, be confirmed and established in the several religious societies to which said missionary stations respectively belong : And provided further, That nothing in this act con- Power to divide tained shall be construed to inhibit the Government of the United States said Territory rofrom 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 any portion of said Territory to any other State or Territory of the United States. (a)

served.

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Sec. 6. And be it further enacted, That the legislative power of the

Extent of legis. Territory shall extend to all rightful subjects of legislation not incon- lative power. sistent with the Constitution and laws of the United States; 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; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly shall be submitted to the Congress of the United States, and if disapproved, shall be null and of no effect :

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SEC. 14. And be it further enacted, That the inhabitants of said Terri

Ordinance of

1787 for govern. tory shall be entitled to enjoy all and singular the rights, privileges, ment of Northand advantages granted and secured to the people of the territory of west Territory the United States northwest of the river Ohio, by the articles of com- extended pact contained in the ordinance for the government of said territory,

said Territory of

Oregon. on the thirteenth day of July, seventeen hundred and eighty-seven; and shall be subject to all the conditions, and restrictions, and prohibitions in said articles of compact imposed upon the people of said territory; and the existing laws now in force in the Territory of Oregon, under the authority of the provisional government established by the people thereof, sball continue to be valid and operative therein, so far as the same be not incompatible with the Constitution of the United States, and the principles and provisions of this act; subject, nevertheless, to be altered, modified, or repealed, by the legislative assembly of the said Territory of Oregon; but all laws heretofore passed in said Territory, All grants of making grants of land, or otherwise affecting or incumbering the title lands heretoforo to lands, shall be, and are hereby declared to be, null and void; and the made in said Ter:

ritory to be null laws of the United States are hereby extended over, and declared to be and void. in force in, said Territory, so far as the same, or any provision thereof, may be applicable.

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Sec. 20. And be it further enacted, That when the lands in the said Reservation of Territory shall be surveyed under the direction of the Government of lands for use of the United States, preparatory to bringing the same into market, sec

schools.

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