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to cease.

any time during the operation of this act, then so much of this act as provides that the 4 Sept. 1841. net proceeds of the sales of the public lands shall be distributed among the several If increased by states, shall, from and after the increase of the minimum price thereof, cease and become law, distribution utterly null and of no effect, anything in this act to the contrary notwithstanding: Provided, That if, at any time during the existence of this act, there shall be an imposition of duties on imports inconsistent with the provisions of the act of March 2d 1833, (a) And also if imentitled "An act to modify the act of the 14th of July 1832, and all other acts imposing ed beyond twenty duties on imports," and beyond the rate of duty fixed by that act, to wit: twenty per per cent. cent. on the value of such imports, or any of them; then the distribution provided in this act shall be suspended and shall so continue until this cause of its suspension shall be removed; and when removed, if not prevented by other provisions of this act, such distribution shall be resumed.

ports be increas

5 Stat. 567.

192. So long as the distribution of the net proceeds of the sales of the public lands, 30 Aug. 18422 30. directed to be made among the several states, territories and District of Columbia, by the act entitled "An act to appropriate the proceeds of the sales of the public lands, and Ten per cent. payable to certain to grant pre-emption rights," shall be and remain suspended by virtue of this act, and states to be susof the proviso of the sixth section of the act aforesaid, the ten per centum of the said pended, whilst proceeds directed to be paid by the said act to the several states of Ohio, Indiana, Illi- tion is suspended. nois, Alabama, Missouri, Mississippi, Louisiana, Arkansas and Michigan shall also be and remain suspended.

general distribu

5 Stat. 801,

the several states

193. Whenever any state shall have been or may be in default for the payment of 3 March 1845. interest or principal on investments in its stocks or bonds, held by the United States in trust, it shall be the duty of the secretary of the treasury to retain the whole, or so Per-centage of much thereof as may be necessary, of the per-centage to which such state may be to be applied in entitled, of the proceeds of the sales of the public lands within its limits, and apply the payment of insame to the payment of said interest or principal, or to the reimbursement of any sums held in trust. of money expended by the United States for that purpose.

terest on stock

9 Stat. 237.

194. The fifth section of the act entitled "An act to appropriate the proceeds of the 13 June 1848 1. sales of the public lands, and to grant pre-emption rights," approved on the 4th day of September 1841, shall be so construed as to suspend only such portions of said act as Construction of act suspending precede said fifth section, (relative to the distribution of the proceeds of the sales of the distribution. public lands); that being hereby declared to be the true intent and meaning of said fifth section of the act aforesaid.

XVI. LANDS GRANTED TO THE STATES.

5 Stat. 455.

states for internal

located.

195. There shall be granted (b) to each state specified in the first section of this act 4 Sept. 1841 8. five hundred thousand acres of land for purposes of internal improvement: Provided, That to each of the said states which has already received grants for said purposes, there Grants to certa:n is hereby granted no more than a quantity of land which shall, together with the improvements. amount such state has already received as aforesaid, make five hundred thousand acres ; the selections in all of the said states, to be made within their limits respectively, in such manner as the legislatures thereof shall direct, and located in parcels conformably to How selected and se tional divisions and subdivisions, of not less than three hundred and twenty acres in any one location, on any public land except such as is or may be reserved from sale by any law of congress or proclamation of the president of the United States; (c) which said locations may be made at any time after the lands of the United States in said states respectively shall have been surveyed according to existing laws. And there shall be, Grants to new and hereby is, granted to each new state that shall be hereafter admitted into the Union, upon such admission, so much land as, including such quantity as may have been granted to such state before its admission, and while under a territorial government, for purposes of internal improvement as aforesaid, as shall make five hundred thousand acres of land, to be selected and located as aforesaid.(d)

states.

Ibid. 29.

196. The lands herein granted to the states above named shall not be disposed of at a price less than one dollar and twenty-five cents per acre, until otherwise authorized by At what price to

a law of the United States; and the net proceeds of the sales of said lands shall be be sold. faithfully applied to objects of internal improvement within the states aforesaid, respectively, namely: roads, railways, bridges, canals and improvement of watercourses, and draining of swamps; and such roads, railways, canals, bridges and watercourses, when Proceeds, how made or improved, shall be free for the transportation of the United States mail and applied. munitions of war, and for the passage of their troops, without the payment of any toll whatever.

197. So much of the eighth section of the act entitled "An act to appropriate the 19 March 184281. proceeds of the sales of the public lands, and to grant pre-emptions," approved Septem

(1) 4 Stat. 629. The distribution of the proceeds of the public lands was accordingly suspended by the tariff act of 30 August 1842; see infra, 192.

(b) This did not vest the fee in those states. Foley v. Harrison, 15 How. 133. But see infru, 198.

5 Stat. 471.

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19 March 1842. ber 4th 1841, as provides that the selections of the grants of land made to the several Governors of cer- states, therein mentioned, for the purposes of internal improvement, shall be made, tain states to se- respectively, in such manner as the legislatures thereof shall direct, is so far modified,

lect.

3 Aug. 1854 1 10 Stat. 346.

the fee simple.

as to authorize the governors of the states of Illinois, Arkansas and Missouri to cause the selections to be made for those states without the necessity of convening the legislatures thereof for that purpose.

198. In all cases where lands have been, or shall hereafter be, granted by any law of congress to any one of the several states and territories, and where said law does not Grants to convey convey the fee simple title of such lands, or require patents to be issued therefor, the lists of such lands which have been, or may hereafter be certified by the commissioner of the general land office, under the seal of said office, either as originals or copies of the originals or records, shall be regarded as conveying the fee simple of all the lands embraced in such lists that are of the character contemplated by such act of congress, When no title to and intended to be granted thereby; but where lands embraced in such lists are not of

pass.

26 Jan. 1847 1. 9 Stat. 118.

the character embraced by such acts of congress, and are not intended to be granted thereby, said lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim or interest shall be conveyed thereby.

XVII. TAXATION OF LANDS.

199. The assent of congress is hereby given to the several states admitted into the Union prior to the twenty-fourth day of April, in the year of our Lord 1820, to impose States admitted a tax or taxes upon all lands hereafter sold by the United States, in said states, from and before 1820 may tax lands from after the day of such sale: (a) Provided, That the assent hereby given shall in nowise time of sale. impair that provision of the compact with the said states which declares that all lands belonging to citizens of the United States residing without the said states shall never be taxed higher than lands belonging to persons residing therein.

[blocks in formation]

28 Sept. 1850 1. 9 Stat. 519.

200. The assent of congress is hereby given to the state of Missouri, to impose a tax or taxes upon all lands hereafter sold by the United States, in said state, from and after the day of such sale: Provided, That the assent hereby given shall in nowise impair that provision of the compact with the said state which declares that all lands belonging to citizens of the United States residing without the said state shall never be taxed higher than lands belonging to persons residing therein.

XVIII. RECLAMATION OF SWAMP LANDS.

201. To enable the state of Arkansas to construct the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of those swamp and over Swamp lands in flowed lands, made unfit thereby for cultivation, which shall remain unsold at the pas sage of this act, shall be, and the same are hereby, granted to said state.

Arkansas granted to the state. Ibid. 2.

therefor.

202. It shall be the duty of the secretary of the interior, as soon as may be practiPatent to issue cable after the passage of this act, to make out an accurate list and plats of the lands described as aforesaid, and transmit the same to the governor of the state of Arkansas, and at the request of said governor, cause a patent to be issued to the state therefor; and on that patent, the fee simple to said lands shall vest in the said state of Arkansas, subject to the disposal of the legislature thereof: Provided however, That the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid.

Proceeds, how applied.

Ibid. 23.

203. In making out a list and plats of the land aforesaid, all legal subdivisions, the What lands to be greater part of which is "wet and unfit for cultivation," shall be included in said list and plats; but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom.

included.

Ibid. 4.

204. That the provisions of this act be extended to, and their benefits be conferred Extended to all upon each of the other states of the Union in which such swamp and overflowed lands, known as designated as aforesaid, may be situated.(b)

the states.

10 Stat. 634.

Patents to issue locators prior to issue of patents

to purchasers or

to the states.

2 March 1855 1. 205. That the president of the United States cause patents to be issued as soon as practicable, to the purchaser or purchasers, locator or locators, who have made entries of the public lands, claimed as swamp lands, either with cash or with lar. 1 warrants, or with scrip, prior to the issue of patents to the state or states, as provided for by the second section of the act approved September 28th 1850, entitled "An act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits;" any decision of the secretary of the interior, or other officer of the government of the United States to release States, to the contrary notwithstanding: Provided, That in all cases where any state, through its constituted authorities, may have sold or disposed of any tract or tracts of said land to any individual or individuals prior to the entry, sale or location of the same, under the pre-emption or other laws of the United States, no patent shall be issued by

to individuals in certain cases.

(a) See Thompson v. Holton, 6 McLean, 386.

(b) See act 3 March 1857. 11 Stat. 261.

the president for such tract or tracts of land, until such state, through its constituted 2 March 1855. authorities, shall release its claim thereto, in such form as shall be prescribed by the secretary of the interior: And provided further, That if such state shall not, within List of sales to be ninety days from the passage of this act, through its constituted authorities, return to the general land office of the United States, a list of all the lands sold as aforesaid, together with the dates of such sale, and the names of the purchasers, the patents shall be issued immediately thereafter, as directed in the foregoing section.

returned.

Ibid. 22.

of lands by this

206. Upon due proof, by the authorized agent of the state or states, before the commissioner of the general land office, that any of the lands purchased were swamp lands states to be inwithin the true intent and meaning of the act aforesaid, the purchase-money shall be demnified for loss paid over to the said state or states; and where the lands have been located by warrant act. or scrip, the said state or states shall be authorized to locate a quantity of like amount, upon any of the public lands subject to entry, at one dollar and a quarter per acre, or less, and patents shall issue therefor, upon the terms and conditions enumerated in the act aforesaid: Provided however, That the said decisions of the commissioner of the general land office shall be approved by the secretary of the interior.

C. LANDS NORTH-WEST OF THE OHIO, AND ABOVE THE MOUTH OF THE

KENTUCKY.

I. SURVEY OF LANDS.

ral.

1 Stat. 464.

207. A surveyor-general shall be appointed, whose duty it shall be to engage a suffi- 18 May 1796 ? 1. cient number of skilful surveyors, as his deputies, whom he shall cause, without delay, to survey and mark the unascertained outlines of the lands lying north-west of the river Surveyor-geneOhio, and above the mouth of the river Kentucky, in which the titles of the Indian tribes have been extinguished, (a) and to divide the same in the manner hereinafter directed; His powers and he shall have authority to frame regulations and instructions for the government of his deputies, to administer the necessary oaths upon their appointments, and to remove them Deputies. for negligence or misconduct in office.

duties.

Ibid. 2.

208. The part of said lands which has not been already conveyed by letters patent or divided, in pursuance of an ordinance in congress, passed on the 20th of May 1785, or How lands to be which has not been heretofore, and during the present session of congress may not be surveyed. appropriated for satisfying military land bounties, and for other purposes, (b) shall be divided by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of the late Indian purchase, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers, may render it impracticable; and then this rule shall be departed from no further than such particular circumstances may require. The corners of the townships shall be marked with progressive numbers from the beginning; each distance of a mile between the said corners shall be also distinctly marked with marks different from those of the corners. One-half of the said townships, taking them Subdivisions. alternately, shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres each, by running through the same, each way, parallel lines, at the end of every two miles; and by marking a corner on each of the said lines at the end of every mile; the sections shall be numbered respectively, beginning with the number one, in the north-east section, and proceeding west and east alternately, through the township, with progressive numbers, till the thirty-sixth be completed. And it shall be the Corners to be duty of the deputy surveyors, respectively, to cause to be marked on a tree near each corner made, as aforesaid, and within the section, the number of such section, and over it, the number of the township, within which such section may be; and the said deputies shall carefully note, in their respective field books, the names of the corner trees marked, and the numbers so made. The fractional parts of townships shall be divided into sec- Fractional sections, in manner aforesaid, and the fractions of sections shall be annexed to and sold with the adjacent entire sections. All lines shall be plainly marked upon trees and measured with chains, containing two perches of sixteen feet and one-half each, subdivided into twenty-five equal links, and the chains shall be adjusted to a standard to be kept for that purpose. Every surveyor shall note in his field book the true situations of What to be noted all mines, salt licks, salt springs and mill seats, which shall come to his knowledge; all in field books, watercourses, over which the line he runs shall pass; and also the quality of the lands. These field books shall be returned to the surveyor-general, who shall therefrom cause a

(a) A title to lands, derived solely from a grant made by an Indian tribe to private individuals, cannot be recognised in the courts of the United States. Their title to the land on the American continent is subordinate to the absolute ultimate title acquired by discovery. Johnson v. McIntosh, 8 Wh. 543. Mitchel r. United States. 9 Pet. 711. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession, when their right of possession ceases. CheroLee Nation v. Georgia, 5 Ibid. 17.

marked.

tions.

(b) This excluded from the general power of the surveyor-general, all lands previously appropriated for military land bounties, and for other purposes; and consequently the lands between the Scioto and the Little Miami. reserved by the ordinance of 1785. Doddridge v. Thompson, 9 Wh. 475-6. Reynolds v. McArthur, 2 Pet. 426. See act of 1808, (infra, 225), as to the sale of reserved lands.

Plats to be returned.

And recorded.

18 May 1796. description of the whole lands surveyed, to be made out and transmitted to the officers who may superintend the sales: he shall also cause a fair plat to be made of the townships, and fractional parts of townships, contained in the said lands, describing the subdivisions thereof, and the marks of the corners. This plat shall be recorded in books to be kept for that purpose; a copy thereof shall be kept open at the surveyor-general's office for public information; and other copies sent to the places of the sale, and to the secretary of the treasury.

Ibid. 23. Reservations.

10 May 1800 2 3. 2 Stat. 73.

divided into halfsections.

and marked.

209. A salt spring lying upon a creek which empties into the Scioto river on the east side, together with as many contiguous sections as shall be equal to one township, and every other salt spring which may be discovered, together with the section of one mile square which includes it, and also four sections at the centre of every township, containing each one mile square, shall be reserved, for the future disposal of the United States; (a) but there shall be no reservations, except for salt springs in fractional townships, where the fraction is less than three-fourths of a township.

210. The surveyor-general shall cause the townships west of the Muskingum, which by the above-mentioned act (b) are directed to be sold in quarter-townships, to be subLands to be sub- divided into half-sections of three hundred and twenty acres each, as nearly as may be, by running parallel lines through the same from east to west, and from south to north, at the distance of one mile from each other, and marking corners, at the distance of each half-mile on the lines running from east to west, and at the distance of each mile on those running from south to north, and making the marks, notes and descriptions preLines to be run scribed to surveyors by the above-mentioned act. And the interior lines of townships intersected by the Muskingum, and of all the townships lying east of that river, which have not been heretofore actually subdivided into sections, shall also be run and marked in the manner prescribed by the said act, for running and marking the interior lines of townships directed to be sold in sections of six hundred and forty acres each. And in all cases where the exterior lines of the townships, thus to be subdivided into sections or half-sections, shall exceed or shall not extend six miles, the excess or deficiency shall be specially noted, and added to or deducted from the western and northern ranges of sections or half-sections in such township, according as the error may be in running the lines from east to west, or from south to north; the sections and half-sections bounded on the northern and western lines of such townships shall be sold as containing only the quantity expressed in the returns and plats respectively, and all others as containing the complete legal quantity. And the president of the United States shall fix the com pensation of the deputy surveyors, chain-carriers and axe-men: Provided, The whole expense of surveying and marking the lines, shall not exceed three dollars for every mile that shall be actually run, surveyed and marked.

11 Feb. 1805 1. 2 Stat. 313.

In what manner

subdivisions to be surveyed.

10 May 1800

2 Stat. 73.

1.

211. The surveyor-general shall cause all those lands north of the river Ohio, which, by virtue of the act entitled "An act providing for the sale of the lands of the United States, in the territory north-west of the river Ohio, and above the mouth of the Kentucky river," were subdivided, by running through the townships, parallel lines each way, at the end of every two miles, and by marking a corner on each of the said lines, at the end of every mile; to be subdivided into sections, by running straight lines from the mile corners thus marked, to the opposite corresponding corners, and by marking on each of the said lines, intermediate corners as nearly as possible equidistant from the corners of the sections on the same. And the said surveyor-general shall also cause the boundaries of all the half-sections, which had been purchased previous to the first day of July last, and on which the surveying fees had been paid, according to law, by the purchaser, to be surveyed and marked, by running straight lines from the half-mile corners, heretofore marked, to the opposite corresponding corners; and intermediate corners shall, at the same time, be marked on each of the said dividing lines as nearly as possible equidistant from the corners of the half-section on the same line: Provided, That the whole expense of surveying and marking the lines, shall not exceed three dollars for every mile which has not yet been surveyed, and which shall be actually run, surveyed and marked by virtue of this section. And the expense of making the subdivisions, directed by this section, shall be defrayed out of the moneys appropriated, or which may be hereafter appropriated, for completing the surveys of the public lands of the United States.

II. LAND OFFICES.

212. For the disposal of the lands of the United States, directed to be sold by the act entitled "An act providing for the sale of the lands of the United States, in the territory north-west of the Ohio, and above the mouth of Kentucky river," there shall be four

(a) See act 28 December 1824, to authorize the state of Ohio to sell and convey these reserved lands. 4 Stat. 79.

(b) This statute embraces those lands only which were compre hended in the act of 1796. Reynolds v. McArthur, 2 Pet. 126.

Chilicothe.

land offices established in the said territory: (a) one at Cincinnati, for lands below the 10 May 1800. Little Miami, which have not heretofore been granted; one at Chilicothe, for lands east Land offices esta of the Scioto, south of the lands appropriated for satisfying military bounties to the late blished. army of the United States, and west of the fifteenth range of townships; one at Mari- Cincinnati. etta, for the lands east of the sixteenth range of townships, south of the before-mentioned military lands, and south of a line drawn due west from the north-west corner of Marietta. the first township of the second range, to the said military lands; and one at Steuben- Steubenville. ville, for the lands north of the last-mentioned line, and east or north of the said military lands. Each of the said officers shall be under the direction of an officer, to be called "The Register of the Land Office;" who shall be appointed by the president of the Registers. United States, by and with the advice and consent of the senate, and shall give bond to the United States, with approved security, in the sum of ten thousand dollars, for the Bonds. faithful discharge of the duties of his office; and shall reside at the place where the land Residence. office is directed to be kept.

213. It shall be the duty of the surveyor-general, and he is hereby expressly enjoined,

ters.

Ibid. 2 2.

to prepare and transmit to the registers of the several land offices, before the days herein plats to be tran❤ appointed for commencing sales, general plats of the lands hereby directed to be sold at mitted to regis the said offices respectively, and also to forward copies of each of the said plats to the secretary of the treasury.

III. SALES OF LANDS.

1 Stat. 466.

lands.

214. Whenever seven ranges of townships shall have been surveyed below the Great 18 May 1796 Z 4. Miami, or between the Scioto river and the Ohio Company's purchase, or between the southern boundary of the Connecticut claims and the ranges already laid off, beginning Public sales of upon the Ohio river and extending westwardly, and the plats thereof made and transmitted, in conformity to the provisions of this act; the said sections of six hundred and forty acres (excluding those hereby reserved) shall be offered for sale at public vendue, under the direction of the governor or secretary of the western territory, and the surveyor-general; such of them as lie below the Great Miami shall be sold at Cincinnati; Where to be held. those of them which lie between the Scioto and Ohio Company's purchase, at Pittsburgh; and those between the Connecticut claim and the seven ranges, at Pittsburgh. And the townships remaining undivided shall be offered for sale in the same manner at the seat of government of the United States, under the direction of the secretary of the treasury, in tracts of one-quarter of a township lying at the corners thereof, excluding the four central sections, and the other reservations before mentioned: Provided always, Price. That no part of the lands directed by this act to be offered for sale, shall be sold for less than two dollars per acre.

Ibid. 25.

215. The secretary of the treasury, after receiving the aforesaid plats, shall forthwith give notice in one newspaper in each of the United States, and of the territories Notice of sales. north-west and south of the river Ohio, of the times of sale; which shall in no case be less than two months from the date of the notice; and the sales at the different places shall not commence within less than one month of each other. And when the governor And of adjourn of the western territory or secretary of the treasury shall find it necessary to adjourn or suspend the sales under their direction, respectively, for more than three days, at any one time, notice shall be given in the public newspapers of such suspension, and at what time the sales will recommence.

ments.

lands under ordinance of 1785.

216. Immediately after the passing of this act, the secretary of the treasury shall, in Ibid. 26. the manner herein before directed, advertise for sale the lands remaining unsold in the Sale of remaining seven ranges of townships, which were surveyed, in pursuance of an ordinance of congress, passed the 20th of May 1785, including the lands drawn for the army by the late secretary of war, and also those heretofore sold, but not paid for; the townships which, by the said ordinance, are directed to be sold entire, shall be offered for sale at public vendue in Philadelphia, under the direction of the secretary of the treasury, in quartertownships, reserving the four centre sections, according to the directions of this act. The townships which, by the said ordinance, are directed to be sold in sections, shall be offered for sale at public vendue in Pittsburgh, under the direction of the governor or secretary of the western territory, and such person as the president may specially appoint for that purpose, by sections of one mile square each, reserving the four centre sections, as aforesaid; and all fractional townships shall also be sold in sections, at Pittsburgh, in the manner and under the regulations provided by this act, for the sale of fractional townships: Provided always, That nothing in this act shall authorize the sale of those lots which have been heretofore reserved in the townships already sold. 217. The highest bidder for any tract of land sold by virtue of this act, shall deposit, at the time of sale, one-twentieth part of the amount of the purchase-money; to be for

(a) By act 3 March 1803 3 6. a fifth district was created, and it was thereby enacted that the lands contained within it should be offered for sale at Zanesville, under the direction of a register

Ibid. 27.

of the land office and receiver of public moneys, to be appointed for that purpose, who should reside at that place. 2 Stat. 237. See Matthews v. Zane, 7 Wh. 203.

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