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9 Stat. 395.

the interior esta

1. There shall be created a new executive department of the government of the United 3 March 1849 & 1 States, to be called the department of the interior; the head of which department shall be called the secretary of the interior, who shall be appointed by the president of the Department of United States, by and with the advice and consent of the senate, and who shall hold his blished. office by the same tenure, and receive the same salary, as the secretaries of the other Secretary. executive departments, and who shall perform all the duties assigned to him by this act. 2. The secretary of the interior shall exercise and perform all the acts of supervision and appeal in regard to the office of commissioner of patents, now exercised by the secre- Supervision of tary of state; and the said secretary of the interior shall sign all requisitions for the patent office. advance or payment of money out of the treasury on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the first or fifth auditor and first comptroller of the treasury.

Ibid. ? 2.

Ibid. 23.

3. The secretary of the interior shall perform all the duties in relation to the general land office, of supervision and appeal, now discharged by the secretary of the treasury; of the land office and the said secretary of the interior shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, approved or certified by the commissioner of the general land office, subject to the same control now exercised by the first comptroller of the treasury.

Ibid. 4.

courts.

4. The supervisory power now exercised by the secretary of the treasury over the accounts of the marshals, clerks and other officers of all the courts of the United States, Of the accounts shall be exercised by the secretary of the interior, who shall sign all requisitions for the of officers of the advance or payment of money out of the treasury, on estimates or accounts, subject to the same control now exercised on like estimates or accounts by the first auditor and first comptroller of the treasury.

5. The secretary of the interior shall exercise the supervisory and appellate powers now exercised by the secretary of the war department, in relation to all the acts of the commissioner of Indian affairs; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the second auditor and second comptroller of the treasury.

Ibid. 25.

Of Indian affairs

Ibid. § 6.

6. The secretary of the interior shall exercise the supervisory and appellate powers now exercised by the secretaries of the war and navy departments, in relation to all the Of the pension acts of the commissioner of pensions; and shall sign all requisitions for the advance or office. payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the third or fourth auditors and second comptroller of the treasury.

7. The secretary of the interior shall exercise all the supervisory and appellate powers now exercised by the secretary of state, in relation to all acts of marshals and others in taking and returning the census of the United States; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised over similar estimates and accounts by the fifth auditor and first comptroller of the treasury.

Ibid. 27. Of the census.

Ibid. 28.

8. The supervisory and appellate powers now exercised by the secretary of the treasury over the lead and other mines of the United States, and over the accounts of the agents of mines, &c. thereof, shall be exercised by the secretary of the interior; who shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the second auditor and second comptroller of the treasury.

Ibid. 29.

9. The supervisory and appellate powers now exercised by the president of the United States over the commissioner of public buildings, shall be exercised by the secretary of of public buildthe interior; who shall sign all requisitions for the advance or payment of money out ings. of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the first auditor and first comptroller of

3 March 1849. the treasury: Provided, That nothing in this section contained shall be construed to take from the presiding officers of the two houses of congress the power now possessed by them to make and enforce rules and regulations for the care, preservation, orderly keeping and police of the capitol and its appurtenances.'

Ibid. 10. Of the peniten

tiary.

Ibid. 11.

Chief clerk.

Clerks.

Ibid. 15.

powers of the secretary of the independent treasury.

10. The secretary of the interior shall have and exercise a supervisory power and control over the board of inspectors and warden of the penitentiary of the District of Columbia; and shall sign all requisitions for the advance or payment of money out of the treasury on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the first auditor and 'first comptroller of the treasury.

11. The secretary of the interior is hereby authorized to appoint a chief clerk of his department, who shall receive a salary of two thousand dollars per annum; and that the president of the United States, on the recommendation of the said secretary of the interior, may transfer from the treasury department proper, to the department of the interior, such clerks in the office of the secretary of the treasury as perform the duties over which the supervision and control are given by this act to the secretary of the interior; which said clerks shall be hereafter subject to the appointing and removing power of the secretary of the interior, as also the clerks in the several bureaus heretofore appointed or removable by the heads of departments, which bureaus are transferred by this act to the department of the interior.

12. Nothing in this act contained shall be so construed as to affect or impair any of Not to impair the the powers conferred, or duties devolved, on the secretary of the treasury, in relation to the transfer, safe-keeping or disbursement of public moneys, by the act of the 6th of treasury over the August 1846, entitled "An act to provide for the better organization of the treasury, and for the collection, safe-keeping, transfer and disbursement of the public revenue." 13. The commissions of all officers, under the direction and control of the secretary of the interior, shall be made out and recorded in the department of the interior, and the Recording of com- seal of the said department affixed thereto, any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the president of the United States.

31 May 1854 23. 10 Stat. 297.

missions.

3 March 185522. 10 Stat. 673.

Temporary clerks.

14. That the secretary of the interior be authorized, in his discretion, the employment of temporary clerks by superintendents of Indian affairs, on such occasions and for such periods of time as he may deem necessary to the public service; for which purpose there is hereby appropriated the sum of five thousand dollars.

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5 Stat. 742.

Iowa admitted
Into the Union

14. Deputy clerks.

15. Duties of district attorney and marshal.

16. Circuit court powers.

17. Terms of the district court.

18. Return of process.

III. LAND OFFICES.

19. Des Moines district. Dubuque district.
20. Register and receiver.

21. Sales of public lands.

22. Land offices may be removed.

23. Iowa district.

24. Removal of office.

25. Chariton district.

Northern district.

Missouri river dis

trict. Boundary of Dubuque district.

26. Removal of offices.

27. Turkey river district. Fort Dodge district. Counci Bluffs district. Dubuque and Chariton districts enlarged.

28. Removal of offices.

IV. COLLECTION DISTRICTS.

29. Burlington a port of delivery. Annexed to the district of New Orleans. 30. Keokuk and Dubuque.

I. ADMISSION INTO THE UNION.

8 March 1845 1. 1. Whereas, the people of the territory of Iowa did, on the 7th day of October 1844, by a convention of delegates called and assembled for that purpose, form for themselves a constitution and state government; and whereas, the people of the territory of Florida did, in like manner, by their delegates, on the 11th day of January 1839, form for themselves a constitution and state government, both of which said constitutions are republican; and said conventions having asked the admission of their respective territories into the Union as states, on equal footing with the original states: Be it enacted, That the states of Iowa and Florida be, and the same are hereby declared to be states of the United States of America, and are hereby admitted into the Union on equal footing with the original states, in all respects whatsoever. (a)

(a) Re-admitted, infra, 7; with an alteration of boundaries, by act 4 August 1846, infra, 6.

2. The said state of Iowa shall have concurrent jurisdiction on the river Mississippi, 3 March 1845 2 3. and every other river bordering on the said state of Iowa, so far as the said rivers shall Concurrent juris form a common boundary to said state, and any other state or states now or hereafter to diction on the Mississippi, &c. be formed or bounded by the same; such rivers to be common to both. And that the said river Mississippi, and the navigable waters leading into the same, shall be common highways, and for ever free as well to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost or toll therefor, imposed by the said state of Iowa.

Ibid. 27.

3. Said states of Iowa and Florida are admitted into the Union on the express condition that they shall never interfere with the primary disposal of the public lands lying Not to interfere within them, nor levy any tax on the same whilst remaining the property of the United with the disposal of the public States: Provided, That the ordinance of the convention that formed the constitution of lands. Iowa, and which is appended to the said constitution, shall not be deemed or taken to have Ordinance of conany effect or validity, or to be recognised as in any manner obligatory upon the govern- cognised. ment of the United States.(a)

vention not re

5 Stat. 789. Ibid. 26.

4. The laws of the United States, which are not locally inapplicable, shall have the 3 March 1845 8 1. same force and effect within the state of Iowa, as elsewhere within the United States. 5. In lieu of the propositions submitted to the congress of the United States, by an ordinance passed on the 1st day of November 1844, by the convention of delegates at Propositions. Iowa City, assembled for the purpose of making a constitution for the state of Iowa, which are hereby rejected, the following propositions be, and the same are hereby offered to the legislature of the state of Iowa, 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: First. That section numbered sixteen in every township of the public lands, and, Section 16 for the 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 reserved for the use and Grant of lands for a university. support of a university, by an act of congress approved on the 20th day of July 1840, entitled "An act granting two townships of land for the use of a university in the territory of Iowa,"(b) 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.

use of schools.

Third. That five entire sections of land, to be selected and located under the direction Lands for public of the legislature, in legal divisions of not less than one quarter-section, from any of the buildings. 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 public buildings at the seat of government of the said state, as the legislature may determine and direct.

state.

Fourth. That all salt springs within the state, not exceeding twelve in number, with Salt springs six sections of land adjoining or as contiguous as may be to each, shall be granted to granted to the the said state for its use; the same to be selected by the legislature thereof, within one year after the admission of said state, and the same, when so selected, to be used on such terms, conditions and regulations as the legislature of the state shall direct: (c) Provided, That no salt spring, the right whereof is now vested 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 the general assembly Not to be sold or shall never lease or sell the same, at any one time, for a longer period than ten years, than ten years. without the consent of congress.

leased for more

Fifth. That five per cent. of the net proceeds of sales of all public lands lying within Five per cent. of the proceeds of the said state, which have been or shall be sold by congress, from and after the admislands for public sion of said state, after deducting all the expenses incident to the same, shall be appro- improvements. priated for making public roads and canals within the said state, as the legislature may direct: (d) Provided, That the five foregoing propositions herein offered are on the condi- Conditions. tion 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 Not to interfere never interfere with the primary disposal of the soil within the same by the United with the disposal of the public States, nor with any regulations congress may find necessary for securing the title in lands. such soil to the bonâ fide purchasers thereof; and that no tax shall be imposed on lands Nor to tax them 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

(a) See infra, 5.

(b) 6 Stat. 810.

(d) And see act 15 May 1856, making a grant of lands to the state of Iowa, in alternate sections, to aid in the construction of

(c) See act 27 May 1852, to relinquish to the state of Iowa the certain railroads in said state. 11 Stat. 9. lands reserved for salt springs therein. 10 Stat. 7.

3 March 1845. Bounty lands to

be exempt from

taxation for three years.

4 Aug. 1846 1. 9 Stat. 52.

state.

granted, for military services during the late war, shall, while 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.

6. That the following shall be, and they are hereby declared to be, the boundaries of the state of Iowa, in lieu of those prescribed by the 2d section of the act of the 3d of Boundaries of the March 1845, entitled "An act for the admission of the states of Iowa and Florida into the Union," viz.: beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river; thence up the middle of the main channel of the said Des Moines river to a point on said river where the northern boundary line of the state of Missouri, as established by the constitution of that state, adopted June twelfth, eighteen hundred and twenty, crosses the said middle of the main channel of the said Des Moines river; thence, westwardly, along the said northern boundary line of the state of Missouri, as established at the time aforesaid, until an extension of said line intersect the middle of the main channel of the Missouri river; thence, up the middle of the main channel of the said Missouri river, to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollet's map; thence, up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east, along said parallel of forty-three degrees and thirty minutes, until said parallel intersect the middle of the main channel of the Mississippi river; thence, down the middle of the main channel of said Mississippi river, to the place of beginning.

28 Dec. 1846 1. 9 Stat. 117.

Ibid. 2.

Act of 1845 to remain in force.

8 March 1845 2. 5 Stat. 789.

District court established.

Clerk.

Ibid. 24.

7. The state of Iowa shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states in all respects whatsoever.

8. All the provisions of " An act supplemental to the act for the admission of the states of Iowa and Florida into the Union," approved March 3d 1845, be, and the same are hereby declared to continue and remain in full force as applicable to the state of Iowa, as hereby admitted and received into the Union.

II. DISTRICT COURT.

9. The said state shall be one district, and be called the district of Iowa; and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold, at the seat of government of the said state, (a) two sessions of the said district court annually, on the first Monday in January, and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled "An act to establish the judicial courts of the United States."(b) He shall appoint a clerk for the said district, who shall reside and keep the records of the said court at the place of holding the same; and shall receive, for the services performed by him, the same fees to which the clerk of the Kentucky district is by law entitled for similar services.(c)

10. There shall be appointed in the said district a person learned in the law, to act as District attorney, attorney for the United States; [who shall, in addition to his stated fees, be paid annually, by the United States, two hundred dollars, as a full compensation for all extra services; the said payment to be made quarterly, at the treasury of the United States.](d)

Ibid. 25. Marshal.

8 March 1849 2 1. 9 Stat. 410.

state for trial of issues.

11. A marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed and allowed to marshals in other districts; [and shall, moreover, be entitled to the sum of two hundred dollars annually, as a compensation for all extra services.](d)

12. For the purpose of trying all issues of fact, triable by a jury in the district court of the United States for the district of Iowa, as established by the act entitled "An act Division of the supplemental to the act for the admission of the states of Iowa and Florida into the Union," approved 3d March 1845, the said district shall be separated into three divisions, as follows, to wit: all that part of said district lying within the Dubuque land district, as altered by the "Act to establish an additional land district in Iowa," approved 8th August 1846, (e) shall constitute the northern division, and a regular term of said court for said division shall be held annually at Dubuque, to commence on the first Monday in January; (g) all that part of said district lying within the Iowa land district, as established by the "Act to establish an additional land district in Iowa," approved 8th August 1846, shall constitute the middle division, and a regular term of said court for

Northern.

Middle.

(a) See infra, 12, 17.

b) See infra, 16. (c) See tit. "Fees."

(d) Extra compensation abolished by the general fee-bill of 1853.

(e) See infra, 23.

(g) Altered, infra, 17.

this division shall be held annually at Iowa City, to commence on the first Monday in 3 March 1849. October; (a) and the residue of the state of Iowa shall constitute the southern division, Southern. and a regular term of said court for this division shall be held annually at Burlington, to commence on the first Monday in June; (a) and should the judge of the said district court fail to attend at the time and place of holding any one of the regular terms of the Adjournments. court, for either of the said divisions of the aforesaid district, before the close of the fourth day of any such term, the business pending in such court shall stand adjourned

to the next regular term thereof: Provided, That whenever the judge of said court, from Special sessions. any cause, shall fail to hold a regular term of said court for either of said divisions, it shall be his duty, if in his opinion the business in said court shall require, to hold an intermediate term of said court, at such time as he shall, by his order, under his hand and seal, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published, in the several newspapers published in the bounds of said division and district, the same length of time; and, at any and all such intermediate terms, the business of any such courts, of every nature and description whatsoever, shall have reference to, and be proceeded with, in the same manner as if the same were a regular term of the said court. And all such issues of fact shall be tried at a term of said court, to be held in the division where such suit should hereafter be commenced, in accordance with the third section of this act. But Venue. nothing herein contained shall prevent the said district court, by general rule, from regulating the venue of transitory actions, either in law or in equity, and from changing the same for a good cause to be shown.

Ibid. 23.

13. All suits hereafter to be brought in the said district court, not of a local nature, shall be brought in a court of the division of the district where the defendant resides; Where transitory but if there be more than one defendant, and they reside in different divisions of the actions to be brought. district, the plaintiff may sue in either division, and send duplicate writ or writs to the other defendants; on which the plaintiff or his attorney shall indorse that the writ thus sent is a copy of a writ sued out of a court of the proper division of the said district; and the said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly.

Ibid. 24.

14. It shall be lawful for the clerk of the district court for the district of Iowa, to appoint a deputy at each of the places prescribed for holding terms of the said court, Deputy clerks. who, in his absence, may exercise all the official powers of the said clerk, at the place and within the division of the said district for which he may have been appointed. And such deputy, before he enters on the discharge of his duties, shall take the usual oath for the faithful performance of his duties as such deputy. And nothing herein contained shall be held to excuse or release the said clerk from legal responsibility for acts performed by his said deputy, in behalf of said clerk in the office aforesaid.

15. The district attorney and marshal of the district of Iowa shall, respectively, perform the duties of district attorney and marshal of and for the northern, middle and Duties of district southern divisions of the district of Iowa, as established by this act; and the said mar- attorney and shal shall keep an office at each of the places where the sessions of the said district court are directed to be held, and his charges for mileage, in the execution of the duties of his office within the said district, shall be computed from the city of Iowa.

Ibid. ? 5.

marshal.

Ibid. 26.

16. In addition to the ordinary jurisdiction and powers of a district court of the United States, with which the district court of Iowa has been invested, it be, and is hereby, Circuit court invested, within the limits of said district, with the exercise of concurrent jurisdiction powers. and power in all civil cases now exercised by the circuit courts of the United States; and in all cases where the said court shall exercise such jurisdiction, writs of error and appeals shall be allowed and taken from the judgment, orders or decrees of said court to the supreme court of the United States, in the same manner and upon the same conditions as appeals may be taken from the circuit courts.

10 Stat. 171.

17. Instead of three terms annually of the district court of the United States for the 26 Feb. 1853 ? 1. district of Iowa, as now prescribed by law, there shall hereafter be held annually six terms of said court, as follows: at Dubuque on the first Mondays of January and July; Terms of the dis at Iowa City on the first Mondays of May and October; and at Burlington on the third Mondays of May and October.

trict court.

Ibid. 2.

18. All process, bail-bonds and recognisances, returnable at the term of said court at Dubuque, Iowa City and Burlington, respectively, shall be returnable and returned to Return of prothe court next to be held at the place where said process, bail-bonds and recognisances cess. are made returnable, and all continuances may be made to conform to this act.

III. LAND OFFICES.

5 Stat. 243.

19. For the sale of the public lands in that part of the territory of Wisconsin situate 12 June 1838 § 1 west of the river Mississippi, two land districts are hereby created; one of which com

(a) Altered, infra, 17.

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