be laid off in a square form, shall be selected for such use or purpose at any one place, and not more than one such square shall be granted for every ten miles of the said road or its branches, lying within the public lands; which selections shall be surveyed and returned in the manner aforesaid, and approved by the Secretary of the Treasury for the time being. earth, stone, &c. SEC. 4. And be it further enacted, That so long as the Permission to use public land in the vicinity of said road or its branches shall granted. remain unsold, the said company shall have permission to take therefrom such materials of earth, stone, or wood, as may be necessary for the construction of said road. tained herein shall said road be com periods fixed by SEC. 5. And be it further enacted, That the grants herein The grants concontained, as well the use of the public lands as of the ma- cease, &c. unless terials for the construction of said road and its branches, shall menced and comcease and determine, and be of no effect, unless the said road pleted within the be commenced and completed within the periods fixed by the the charter, &c. charter of the company; and if the said road shall be, at any time after its completion, or during the time of its construction, discontinued or abandoned by said company, the grants and privileges hereby made and allowed shall cease and determine, and be of no effect. Approved, March 3, 1837. CHAP. 514.-An act to authorize the New Orleans and Carrolton Railroad Company to construct a railroad from Carrolton to the town of Bayou Sara, in the State of Louisiana. ed through portions SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and is hereby, granted to the New Right of way grant Orleans and Carrolton Railroad Company, incorporated by of the public lands the Legislature of Louisiana, the right of way through such remaining unsold. portion of the public lands remaining unsold, for the extension of their railroad from Carrolton to the town of Bayou Sara, in the said State: Provided, That the portion of the Proviso. public lands occupied therefor shall not exceed eighty feet in breadth; that the route of the said road shall be designated and marked on the ground by plain landmarks, within the period of eighteen months from the passage of this act, and a copy of the notes of survey and plat thereof, with a description of the said landmarks, be transmitted to the General Land Office in Washington within the period aforesaid. may be used while SEC. 2. And be it further enacted, That so long as the Earth, stone, &c. public lands in the vicinity of the said road shall remain un- said lands remain sold, the said company shall have power to take there from unsold. such materials of earth, stone, and wood, as may be necessary for the construction of the said road: Provided, That Proviso. the grants herein contained, as well of the use of the public lands as of the materials for the said road, shall cease and determine, unless the same shall be begun within the period of two years from the date of this act, and completed within a period of six years. Approved, March 3, 1837. gress to Arkansas, under authority 1832, confirmed. CHAP. 515.-An act to ratify and confirm certain official acts of John Pope, late SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress The locations, &c. assembled, That the locations, sales, and transfers, of John of John Pope,often sections of land Pope, late Governor of Arkansas, of a quantity of the pubgranted by Con- lic land, not exceeding ten sections, (or six thousand four for a State house, hundred acres,) which was granted by Congress to Arkanvested in him by Sas to build a State-house at Little Rock, the seat of Governan act of 4th July, ment of Arkansas, to sundry citizens of Arkansas, in pursuance of an authority vested in him by an act of Congress of the fourth day of July, in the year eighteen hundred and thirtytwo, be, and the same are hereby, ratified and confirmed: Provided, Said location, sales, and transfers, were in conformity to legal subdivisions, be those divisions fractional Further proviso. quarter sections or not: And provided, also, That the gross amount of acres of land thus located, sold, and transferred, for the purpose aforesaid, does not exceed six thousand four hun. dred acres; and the President of the United States is hereby authorized and directed to cause patents to issue to said purchasers, their heirs, or their legal representatives, for the late Governor's several locations, sales, and transfers, whenever the applications are properly made by said purchasers or their legal representatives. Proviso. Certain lands in land district, Ar from the provisions SEC. 2. And be it further enacted, That the northeast and the Mississippi southwest quarters of section twenty-seven, township eighkansas, excepted teen south, range one west, the southeast quarter of section of this act. twenty-eight, same township and range, the southwest quarter of section fifteen, township nineteen south, range one west, the northwest and southeast quarters of section nine, same township and range, all in the Mississippi land district, State of Arkansas, be, and the same are hereby, excepted from the provisions of this act. Approved, January 16, 1838. *Chapter 511. Commissioners may adjourn their sessions to such CHAP. 516.-An act to amend an act entitled "An act for the appointment of commissioners to adjust the claims to reservations of land under the fourteenth article of the treaty of eighteen hundred and thirty with the Choctaw Indians.”* SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asplaces in Missis sembled, That the commissioners provided for in the act est of the Govern hereby amended, or a majority of them, shall have full ants may require. power and authority to adjourn their sessions to such place sippi as the inter ment and claim or places, within the State of Mississippi, as in their judg ment the interest of the Government and the claimants may require such sessions to be held. case of the death, &c. of one SEC. 2. And be it further enacted, That in case of the In death, resignation, or absence, of any one of the said commis- of the commissionsioners, the remaining two commissioners shall have fullers, the others may power and authority to proceed and execute the powers given by this act or the act hereby amended. act. have power to com of witnesses, &c.; SEC. 3. And be it further enacted, That the said commis- Commissioners to sioners shall have all the power of a court of record, for the pel the attendance purpose of compelling the attendance of witnesses, adminis- also, to make rules tering oaths touching matters depending before them, pre- for, &c., to employ serving order, and punishing contempts; and shall have power to make all needful rules for the regulation of the proceedings before them, as well as to employ one or more interpreters, and one or more agents to collect testimony for the United States. ed for the contin the commission. SEC. 4. And be it further enacted, That, for defraying $5,000 appropriat the contingent expenses of the said commission, the sum of gent expenses of five thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated. till 1st August next. SEC. 5. And be it further enacted, That the said act shall Said act continued be and remain in force until the first day of August next. receive the same SEC. 6. And be it further enacted, by the authority afore- District attorney to said, That the compensation to be made to the district attor- compensation as a ney for his services shall be equal to the compensation al- cominissioner. lowed to a commissioner under the act hereby amended. who have removed SEC. 7. And be it further enacted, That nothing contained Claims of Indians in this act, or the act which this is intended to amend, shall west of the Missis sippi not embracbe so construed as to embrace the claim of any Indian or head ed of a Choctaw family who has removed west of the Mississippi river. tempting to substi any other Indian shall be stricken SEC. 8. And be it further enacted, That if it shall be Any claimant atproved, to the satisfaction of said commissioners, that any tute the child of claimant has attempted or shall attempt to substitute the for his own, &c. child of any other Indian as and for his own, or has attempt- from the list. ed or shall attempt by his testimony to substitute for the child of any other claimant the child of another Indian, the name of such claimant, so attempting to make such substitution, shall be stricken from the list of claimants. Approved, February 22, 1838. CHAP. 517.-An act to divide the Territory of Wisconsin, and to establish the tions irrelevant. SEC. 6. And be it further enacted, That the legislative The other secpower of the Territory shall extend to all rightful subjects of Powers of the Lelegislation; but no law shall be passed interfering with the gislature. primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or Restrictions. ted to Congress for approval. other property of non-residents be taxed higher than the Laws to be subunit lands or other property of residents. All the laws of the Governor and Legislative Assembly shall be submitted to, and if disapproved by, the Congress of the United States, the same shall be null and of no effect. Approved, June 12, 1838. same authority, CHAP. 518.-An act to create the office of survey or of public lands in the Wis- SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as A surveyor to be sembled, That a surveyor for the Territory of Wisconsin shall shall have the be appointed, who shall have the same authority, and per&c. as the surveyor form the same duties respecting the public lands and private land claims in the Territory of Wisconsin, as are now vested in and required of the surveyor of the lands of the United States in Ohio. of the US. lands in Ohio. Surveyor for Ohio to deliver to the consin all maps, Wisconsin; or, practicable, certified copies. SEC. 2. And be it further enacted, That it shall be the surveyor for Wis- duty of the surveyor for Ohio to deliver to the surveyor for &c. in his office, Wisconsin Territory all the maps, papers, records, and docrelating to lands in uments, relating to the public lands and private land claims in where that is im the said Territory of Wisconsin, which may be in his office; and in every case where it shall be impracticable to make a separation of such maps, papers, records, and documents, without injury, it shall be his duty to cause copies thereof, certified by him, to be furnished to the surveyor for Wisconsin Territory; which copies shall be of the same validity as Secretary of the the originals. And the Secretary of the Treasury is hereby the expense of the authorized to cause the expense attending the transfer of the transfer to be paid, records to be paid out of the appropriation for surveying the public lands. Treasury to cause &c. consin to establish Buque. num. Surveyor of Wis- SEC. 3. And be it further enacted, That the surveyor for his office at Du Wisconsin Territory, to be appointed in pursuance of this act, shall establish his office at the town of Du Buque, in the Allowed a salary Territory of Wisconsin; and that he shall be allowed an anof $1,500 per an- nual salary of fifteen hundred dollars, to commence at such period as his office shall be in readiness for operation; and Authorized to em- he shall be authorized to employ one draughtsman and ploy draughtsman and clerk, their clerk, whose aggregate compensation shall not exceed sixteen hundred dollars per annum. He shall also be allowed the sum of three hundred and fifty dollars per annum for office rent, fuel, and other incidental expenses of his office; to be paid out of the money appropriated for surveying the public lands. salaries. $350 allowed for ffice rent, &c. Approved, June 12, 1838. 1 CHAP. 519.-An act concerning a seminary of learning in the Territory of Treasury to set ing two townships university. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is Secretary of the hereby, authorized to set apart and reserve from sale, out of apart not exceed any of the public lands within the Territory of Wisconsin of land for the use to which the Indian title has been or may be extinguished, and support of a and not otherwise appropriated, a quantity of land not exceeding two entire townships, for the use and support of a university within the said Territory, and for no other use or purpose whatsoever; to be located in tracts of land of not less than an entire section, corresponding with any of the legal divisions into which the public lands are authorized to be surveyed. Approved, June 12, 1838. CHAP. 520.—An act to grant a quantity of land to the Territory of Wisconsin for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock river. ted to Wisconsin waters of Lake those of Rock riv SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, granted to the Terri- Certain lands grantory of Wisconsin for the purpose of aiding in opening a to aid in opening a canal to unite the waters of Lake Michigan, at Milwaukee, canal to unite the with those of Rock river, between the point of intersection Michigan with with said river of the line dividing townships seven and er, &c. eight and the Lake Koshkonong, all the land heretofore not otherwise appropriated or disposed of in those sections and fractional sections which are numbered with odd numbers on the plats of the public surveys, within the breadth of five full sections, taken in north and south or east and west tiers, on each side of the main route of said canal, from one end thereof to the other, and reserving the even-numbered sections and fractional sections, taken as above, to the United States; and the said land, so granted to aid in the construc- The lands 50 gran. tion of said canal, shall be subject to the disposal of the Le- ted shall be subgislature of the said Territory for the purpose aforesaid, and of the Legislature. no other: Provided, That the said canal, when completed, Proviso. and the branches thereof, shall be and forever remain a public highway for the use of the Government of the United States, free from any toll or other charge whatever for any property of the United States, or persons in their service, passing through the same: Provided, That said main canal Proviso. shall be commenced within three years, and completed in ten years, or the United States shall be entitled to receive the amount for which any of said land may have been previously sold, and that the title to purchasers under the Territory shall be valid. ject to the disposal |