No. 1195.-AN ACT further to extend the time for entering certain donation claims to land in the Territory of Arkansas. Feb. 20, 1833. Time for en extended. Be it enacted, &c., That the provisions of the eighth and ninth sections of the act of Congress, approved the twenty-fourth day of May, one tering donation thousand eight hundred and twenty-eight, entitled "An act to aid the claims to land State of Ohio in extending the Miami canal from Dayton to Lake Erie, and to grant a quantity of land to said State to aid in the construction of canals authorized by law, and for making donations of land to certain persons in Arkansas Territory," and the provisions of the act, entitled "An act restricting the location of certain land claims in the Territory of Arkansas, and for other purposes," approved the sixth of January, one thousand eight hundred and twenty-nine; and, also, the provisions of an act, entitled "An act to extend the time for locating certain donations in Arkansas," approved the thirteenth January, one thousand eight hundred and thirty, be, and the same are hereby, continued in force for the term of five years, from the twenty-fourth day of May, one thousand eight hundred and thirty-three: Provided, That Provisa nothing in this act, or the foregoing acts, shall be so construed as to prevent the President of the United States from bringing the said lands in Arkansas into market under the existing laws; and all claims to donations under the before-recited act, which shall not have been presented and allowed by the proper authorities on or before the day which shall be fixed on by the President for the sale of said land, are hereby declared forfeited to the United States. (a) (a) See Nos. 1173, 1174, 1176, 1181, 1201, 1230, 1243. No. 1196.-AN ACT supplementary to an act, entitled "An act concerning a seminary of learning in the Territory of Arkansas," approved the second of March, eighteen hundred and twenty-seven. March 2, 1833. Governor to se Be it enacted, &c., That the governor of the Territory of Arkansas shall select twenty of the sections of public land reserved by the act, lect twenty secentitled "An act concerning a seminary of learning in the Territory of tions, and to sell Arkansas," approved the second of March, eighteen hundred and twenty- the same for cash. seven; and, after advertising and proclaiming them for sale in the several newspapers printed in Arkansas, and such other papers as he may deem expedient, he shall proceed to sell the same for cash, at some notorious place in Little Rock, to be designated in said advertisement, to the highest bidder. SEC. 2. And be it further enacted, That the said governor shall pro- Quantities and claim and sell the same in quantities not exceeding one half-section, price. nor shall any sale be made for a price less than one dollar and twenty five cents per acre. It shall be the duty of the governor to give Certificates of to the purchaser a certificate of his purchase; and he shall also make a purchase, &c. return to the register and receiver of the land office at Little Rock, of the quantity sold, the number of the section, range, township, and such other description of the land as he may deem necessary, the price for which each parcel sold, and to whom sold; and he shall also communicate to the legislature of the Territory of Arkansas a duplicate of the same, upon which a patent shall issue to the purchasers as in other cases of sales of public lands. SEC. 3. And be it further enacted, That the money arising from the Application of sales of the said twenty sections, or such portions of them as may be proceeds, &c. sold from time to time, after paying the reasonable expenses incurred in making the selections of the two townships under the before-recited act, and the expenses of selling the same under this act, shall be applied to the erection of suitable buildings for a seminary of learning at such place as may be designated, and under such terms and conditions as may be prescribed by the legislature of Arkansas. SEC. 4. And be it further enacted, That it shall be the duty of the gov- Proceeds to be ernor of said Territory to pay the net proceeds of said sales into the paid into the office office of the treasurer of said Territory, who shall be responsible for the of the treasurer of the Territory. same as other public moneys; and who shall not pay out the whole, or any part thereof, for any other objects or purposes than such as are provided for by the act of the second of March, eighteen hundred and twentyseven, to which this is a supplement, and by this act, and in obedience to the laws of the legislature of said Territory, made to carry into effect the provisions of this act, and the said recited act. Governor to SEC. 5. And be it further enacted, That the governor of the said Terrilease remainder tory shall be authorized to lease, for a term not exceeding five years, at of lands. any one time, the remainder of the two townships granted by the said act, and to apply the proceeds arising therefrom to the purposes aforesaid; and he shall render, once in two years, an account of the same to the legislature of said Territory, and pay over the money to the treasurer of said Territory. (a) (a) See Nos. 989, 1169, 1203, 1204, 1237. March 2, 1833. Patent for one thousand of land to issue. No. 1197.-AN ACT to authorize the governor of the Territory of Arkansas to sell the land granted to said Territory by an act of Congress approved the fifteenth of June, one thousand eight hundred and thirty-two, and for other purposes. Be it enacted, &c., That, whenever the governor of the Territory of acres Arkansas shall furnish to the Secretary of the Treasury a sufficient description of the boundaries of the thousand acres of land, granted by an act of Congress of the fifteenth of June, one thousand eight hundred and thirty-two, to the Territory of Arkansas, for the erection of a court-house and jail in the town of Little Rock, in the Territory aforesaid, it shall be the duty of the Secretary of the Treasury to cause a patent to be issued for said thousand acres of land, to the governor of Arkansas, and his successors in office, in trust, for the benefit of the Territory of Arkansas, for the purpose of erecting a court-house and jail at Little Rock. Part of land to be laid off in be sold. SEC. 2. And be it further enacted, That the governor of the said Terridown lots, and to tory of Arkansas be, and he is hereby, fully empowered and authorized to lay off into town lots, conforming, as near as practicable to the present plan of the town of Little Rock, so much of said grant of a thousand acres of land as he may deem advisable so to be appropriated ; and that he be further authorized to sell the same, from time to time, as the Residue to be public interest may require; and the residue of said grant, which may disposed of in not be laid off into town lots corresponding with the plan of the said lots or parcels, town of Little Rock, he shall be authorized to dispose of, in such lots after public notice of sale. or parcels as he may deem advisable; but in no case shall he be authorized to sell, unless he shall give public notice of such sale by an advertisement in one or more newspapers printed in the Territory of Arkansas; and said sale shall be public at the court-house in the town of Little Rock. court-house and Squares for the SEC. 3. And be it further enacted, That, in case suitable situations State-house, and cannot be had, free of cost to the Territory, for the location of the State-house, as well as for the court-house and jail in the town of Little jail. Rock, the governor aforesaid shall be, and he is hereby, fully authorized to select and lay off suitable squares for each of those buildings, within the addition hereunto authorized to be added to the town of Little Rock; and that the squares so selected and laid off shall be appropriated to the use of the respective buildings for which they may be designated, and for no other purpose whatsoever, for ever. Deeds for lots sold. Proceeds to be SEC. 4. And be it further enacted, That the governor shall execute deeds for the lots he may sell under the provisions of this act, to purchasers, so soon as the purchasers shall pay off entirely the amount they may have bid for any lot or lots, and all sales shall be for cash. SEC. 5. And be it further enacted, That so soon as the governor aforeapplied to erec said shall dispose of lots, he shall apply the proceeds of said sales to tion of a court- the erection of a good and substantial court-house and jail; and, after house and jail, and surplus to these shall have been completed, should there be any funds remaining, erection of gov. it shall be the duty of said governor, to apply the surplus thus remaining to the erection of a suitable and permanent house for the residence ernor's house. June 18, 1834. Vol. 6, p. 562. May surrender of the present and future governors of Arkansas, during their continuance in office. (a) (a) See Nos. 1190, 1211. No. 1198.-AN ACT for the relief of Asa Hartfield, his assignee or legal represen tative. Be it enacted, &c., That Asa Hartfield, his assignee, or legal represenland patent and tative, be, and he is hereby, authorized to surrender the patent granted Locate other land. to said Asa Hartfield, bearing date the first day of December, eighteen hundred and thirty, for the northeast fractional quarter of section seven, and the northwest fractional quarter of section eight, north of the Arkansas River, in township seven south, in range five west, con taining ninety-two acres and eighty-two hundredths of an acre; and to locate, in lieu of it, the northeast quarter of section seven, and the northwest quarter of section eight, on the south side of the Arkansas River. The said location having been made by the mistake of the register of the land office at Little Rock, in the Territory of Arkansas. (a) (a) See No. 1185. No. 1199.-AN ACT for the relief of the town of Fayetteville, in the Territory of June 26, 1834. Arkansas. Whereas, the seat of justice of Washington County, in the Territory of Arkansas, was located and called Fayetteville prior to the public surveys being made, and when the lands were surveyed, the said town fell on section number sixteen, which, by law, is reserved for the use of schools; and whereas the said town is situated on the south half of the northeast quarter, and the north half of the southeast quarter, of section number sixteen, in township number sixteen, north of range number thirty, west of the fifth principal meridian, therefore, Vol. 4, p. 685. Preamble. sixteen. Be it enacted, &c., That the trustee of the school lands in and for town- School lands to ship number sixteen, north of range thirty, west of the fifth principal be set apart in meridian in the Territory of Arkansas, be, and he is hereby, authorized lien of section to select and have set apart for the use of schools in said township, one entire section of any of the unimproved lands in said township in lieu of section number sixteen; and when the said trustee shall make his selection, he shall file the same in the office of the register of the Fayetteville land office, and the land so selected shall be reserved from sale, and set apart for the use of schools; and that section number sixteen, in said township, shall be subject to sale and entry as other public lands now are. (a) SEC. 2. And be it further enacted, That the south half of the northeast Lands granted quarter, and the north half of the southeast quarter, of section num- in trust for the ber sixteen, in township number sixteen, north of range number thirty, county. west of the fifth principal meridian, in the Territory of Arkansas, be, and is hereby, granted to Lewis Evans, Larkin Newton, Samuel Vaughan and John Wooddy, commissioners of said county, in trust for the use of said county; and that the Secretary of the Treasury be authorized to Appropriation issue a patent for the same; and that the said commissioners shall have of proceeds to power to lay off the said land into town lots, and sell and dispose of the erection of a court-house and same, and make good and sufficient titles to purchasers; and they shall jail. appropriate the proceeds of the sales of the said lots to the erection of a court-house and jail in the town of Fayetteville, for the use of said county. (a) See Nos. 418, 989, 1175, 1179, 1203, 1204, 1219, 1227, 1229, 1237. No. 1200.-AN ACT to establish an additional land office in Arkansas. June 26, 1834. Be it enacted, &c., That so much of the public lands of the United States in the Territory of Arkansas as lies east of a line commencing Land office to on the southern boundary of the Territory where it is intersected by be established at the dividing line between ranges five and six, west of the meridian, Helena. thence with said range line to the dividing line between townships ten and eleven south; thence east with the said line to the dividing line between ranges two and three west, thence north with said dividing line to the base line, thence east with said base line to the dividing line between ranges two and three east-thence north with said line to the dividing line between townships ten and eleven north, thence east with said dividing line to the dividing line between ranges six and seven east, thence north with said dividing line to the northern boundary of the Territory of Arkansas, shall form a new land district, to be called the Mississippi land district; and for the sale of the public lands within the district aforesaid, there shall be a land office established at the town of Helena, in the county of Phillips, in the Territory aforesaid. SEC. 2. And be it further enacted, That there shall be a register and Register and receiver appointed to said office, to superintend the sale of the public receiver to reside land in said district, who shall reside at the town of Helena aforesaid, give security in the same manner and sums, and whose compensation, emoluments, duties, and authorities, shall, in every respect, be the same in relation to lands to be disposed of at said office, as are or may be at Helena. Land not sold at public, may be entered and sold at private sale. by law provided in relation to the registers and receivers of public money in the several offices established for the sale of the public lands. (a) SEC. 3. And be it further enacted, That all such public lands embraced within the district created by this act, which shall have been offered for sale to the highest bidder at any land office in said Territory, pursuant to any proclamation of the President of the United States, and which lands remain unsold at the taking effect of this act, shall be subject to be entered and sold at private sale by the proper officers of the office hereby created, in the same manner, and subject to the same terms and upon like conditions as the sale of said land would have been subject to in the said several land offices herein before mentioned, had they remained attached to the same. (b) (a) See Nos. 1156, 1157, 1158, 1166, 1191, 1209, 1234, 1254. June 28, 1834. Proviso of act No. 1201.-AN ACT further to provide for the location of certain lands in the Be it enacted, &c., That the proviso to the act entitled "An act to exof January 13, tend the time for locating certain donations in Arkansas," approved the 1830, repealed. thirteenth day of January, eighteen hundred and thirty, be, and the same is hereby, repealed, and all locations of said claims made, or to be made, shall in no wise be affected by said proviso. (a) (a) See Nos. 1173, 1174, 1176, 1181, 1195, 1230, 1243. June 28, 1834. land. No. 1202.-AN ACT for the relief of William Weedon. Be it enacted, &c., That William Weedon be, and he is hereby, authorAuthorized to ized to enter any other quarter-section of unappropriated land within enter a tract of the Arkansas military district of bounty lands, instead of the northeast quarter of section twenty-two, of township five north, and range twelve west; for which a patent issued to said Weedon on the twenty-seventh day of November, one thousand eight hundred and twenty-one, but was not received by him until said quarter-section was sold for the taxes due thereon: Provided, the said Weedon shall first surrender said patent, and file his relinquishment of all claim to said quarter-section in the General Land Office. Proviso. June 15, 1836. Preamble. Arkansas ad Boundaries. No. 1203.-AN ACT for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States, within the same, and for other purposes. Whereas, the people of the Territory of Arkansas, did, on the thirtieth day of January in the present year by a convention of delegates, called and assembled for that purpose, form for themselves a constitution and State government, which constitution and State government, so formed, is republican: and whereas, the number of inhabitants within the said Territory exceeds forty-seven thousand seven hundred persons, computed according to the rule prescribed by the Constitution of the United States; and the said convention have, in their behalf, asked the Congress of the United States to admit the said Territory into the Union as a State, on an equal footing with the original States: Be it enacted, &c., That the State of Arkansas shall be one, and is mitted into the hereby declared to be one of the United States of America, and admitted Union. into the Union on an equal footing with the original States, in all respects whatever, and the said State shall consist of all the territory included within the following boundaries, to wit: beginning in the middle of the main channel of the Mississippi River, on the parallel of thirty-six degrees north latitude, running from thence west, with the said parallel of latitude, to the Saint Francis River; thence up the middle of the main channel of said river to the parallel of thirty-six degrees thirty minutes north; from thence west to the southwest corner of the State of Missouri; and from thence to be bounded on the west, to the north bank of Red River, by the lines described in the first article of the treaty between the United States and the Cherokee nation of Indians west of the Mississippi, made and concluded at the city of Washington, on the 26th day of May, in the year of our Lord one thousand eight hundred and twenty-eight; and to be bounded on the south side of Red River by the Mexican boundary line, to the northwest corner of the State of Louisiana; thence east, with the Louisiana State line, to the middle of the main channel of the Mississippi River; thence up the middle of the main channel of the said river, to the thirty-sixth degree of north latitude, the point of beginning. (a) # * # Public lands SEC. 8. And be it further enacted, That the State of Arkansas is admitted into the Union upon the express condition, that the people of reserved to the the said State shall never interfere with the primary disposal of the United States. public lands within the said State, nor shall they levy a tax on any of the lands of the United States within the said Štate; and nothing in this act shall be construed as an assent by Congress to all or to any of the propositions contained in the ordinance of the said convention of the people of Arkansas, nor to deprive the said State of Arkansas of the same grants, subject to the same restrictions, which were made to the State of Missouri by virtue of an act entitled "An act to authorize the people of the Missouri Territory to form a constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States, and to prohibit slavery in certain Territories," approved the sixth day of March, one thousand eight hundred and twenty. (b) (a) See Nos. 762, 1076, 1156, 1161, 1171, 1204, 1239, 1257. (b) See Nos. 418, 989, 1156, 1169, 1175, 1179, 1186, 1196, 1199, 1204, 1219, 1227, 1229, 1237, 1238. June 23, 1836. offered for the acceptance of the No. 1204.—AN ACT supplementary to the act entitled "An act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes." Be it enacted, &c., That in lieu of the propositions submitted to the Propositions Congress of the United States, by an ordinance passed by the convention of delegates at Little Rock, assembled for the purpose of making general assembly a constitution for the State of Arkansas, which are hereby rejected; of Arkansas. and that the following propositions be, and the same are hereby, offered to the general assembly of the State of Arkansas, for their free acceptance or rejection, which if accepted, under the authority granted to the said general assembly, for this purpose, by the convention which framed the constitution of the said State, shall be obligatory upon the United States: (a) Sections of First. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, other lands equiv- land for schools. alent thereto, and as contiguous as may be, shall be granted to the State for the use of the inhabitants of such township for the use of schools. (b) Second. That all salt springs not exceeding twelve in number, with Salt springs. six sections of land adjoining to each, shall be granted to the said State, for the use of said State, the same to be selected by the general assembly thereof on or before the first day of January, one thousand eight hundred and forty; and the same, when so selected, to be used under such terms, conditions, and regulations, as the general assembly of the said State shall direct: Provided, That no salt spring, the right whereof is Proviso. 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 Proviso. assembly shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress; and that nothing contained in the act of Congress entitled "An act authorizing the governor of the Territory of Arkansas to lease the salt springs in said Territory, and for other purposes," or in any other act, shall be construed to give to the said State any further or other claim whatsoever, to any salt springs or lands adjoining thereto, than to those hereby granted: (c) roads and canals. Third. That five per cent. of the nett proceeds of the sale of lands Percentage lying within the said State, and which shall be sold by Congress, from upon lands sold, and after the first day of July next, after deducting all expenses inci- to be applied to dent to the same, shall be reserved for making public roads and canals within the said State, under the direction of the general assembly thereof. (d) |