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valley of Sierra Nevada to Tulare lake, in California ; from Dubuque via St. Paul and the falls of St. Croix to the mouth of St. Louis river, on Lake Superior, in the Territory of Minnesota ; from Indianapolis to connect with the Mobile and Chicago railroad at or near the latter place. And the residue of the land hereby granted to the said eleven first named States respectively, may be severally applied by the said States to aid in the construction of such other railroads as the legislatures of said States may respectively designate. A grant of land is also hereby made to the Territory of Minnesota to aid in constructing the said railroads so far as any part of the same are within said Territory, in the same manner, to the same extent, and upon the same terms and conditions in all respects as are contained in the second section of this act; said land to be taken in alternate sections, at the rate of six sections for each mile of said railroads within said Territory. The said eleven first named States respectively, and said Territory, shall each severally take their lands to aid in the construction of said railroads within their respective limits; and no more land shall be taken by any State under this act, than is granted to such State by the first section thereof. The States of Ohio and Indiana shall also severally apply so much of the lands hereby granted to them, respectively, or of the proceeds thereof, or of the warrants to be issued therefor (as hereinafter provided) to aid in constructirg said railroads, (so far as the same or any part thereof are within the limits of said States respectively,) as may be required by said railroads, to allow them at the rate of six sections for each mile of said road as hereinbefore provided. And all the rights and privileges, liabilities and exceptions hereinbefore provided, shall be conferred upon the State of Missouri in relation to the railroads in that State from St. Louis to the western boundary of said State, and from Hannibal to St. Joseph, in aid of which lands have been granted by an act approved June tenth, eighteen hundred and fifty-two, in case the said State of Missouri shall, within six months after this act takes effect, elect to receive the same under this act, in lieu of the provisions of said previous act, and shall relinquish all right to the land granted to said State by the said former act.
“SECT. —. And be it further enacted, That the nineteen States in said first section of this act last named, and said Territories and District, are severally authorized to apply the proceeds of the lands hereby severally granted to each of said States, Territories and District, to the support of schools or for other useful public purposes. And the commissioner of public lands, under the direction of the Secretary of the Interior, shall issue to each of said nineteen States, said Territories and District respectively, land warrants to the amount in all to which each of said nineteen States and said Territories and District are respectively entitled under this act, (except so far as the lands granted to Ohio and Indiana are situated within the limits of said States ;) and said nineteen States and said Territories and District, are severally authorized to sell and dispose of said land warrants, and the same are to be valid and effectual in the hands of any owner or holder thereof, and may be located by such owner or holder upon any public lands subject to private entry, in the same manner as land warrants for military services are authorized by law to be located. And the title of the land so located by any owner or holder of said land warrants, shall be secured and perfected to such owner or holder in the same manner as other land warrants issued by the United States. Said land warrants shall be so engraved and printed as to prevent deception and counterfeiting, shall be signed by the Secretary of the Interior or the commissioners of the public lands, or for them by such other persons as the Secretary may direct, and countersigned by the governor of each State receiving the same, or by such other officers as the said nineteen States, Territories and District may respectively designate for that purpose; and said land warrants shall be for not less than eighty nor over one hundred and sixty acres each: Prorided, That no State, Territory or District shall be authorized to locate any warrant in its own name or for its own benefit; and that no warrant issued under the provisions of this act shall be located upon any lands to which there shall be a pre-emption right, or on which there shall be an actual settlement and cultivation, except by the person holding such pre-emption right, or by such settler and cultivator.
“Sect. —. And be it further enacted, That each and all of the railroads in any State in the Union, made either wholly or in part from the proceeds of the lands granted by this act, are hereby made and declared post-roads, and shall forever hereafter, at all times, transport the mails, military stores, forces and property of the United States, under the direction of the proper officers thereof, and Congress may by law fix the rate of compensation to be allowed for such services.
“SECT. —. And be it further enacted, That all mineral lands are hereby reserved to the United States from the operation of this act, except such as are by law subject to private entry by individuals.
SECT. — And be it further enacted, That all the land granted (by any other act) during the present session of Congress to any State, to aid in the construction of any railroad therein, shall be deducted from the amount granted by this act to said State."
36 On motion by Mr. Underwood, The yeas and nays being desired by one-fifth of the senators present, Those who voted in the affirmative are,
Messrs. Butler, Clarke, Davis, Dawson, De Saussure, Downs, Fish, Foot, Morton, Pratt, Seward, Spruance, Underwood, Upham.
Those who voted in the negative are,
Messrs. Adams, Atchison, Badger, Bell, Borland, Bradbury, Bright, Brooke, Cass, Charlton, Chase, Dodge of Wisconsin, Dodge of Iowa, Doug. las, Felch, Geyer, Gwin, Hamlin, Houston, Hunter, James, Jones of Iowa, Jones of Tennessee, King, Mallory, Mason, Meriwether, Norris, Sebastian, Shields, Smith, Soulé, Sumner, Toucey, Wade, Walker.
So the proposed amendment was not agreed to.
SEC. 2, line 4, strike out “five hundred thousand," and insert "seven hundred and fifty thousand."
21 On motion by Mr. Clarke, The yeas and nays being desired by one-fifth of the senators present,
It was determined in the affirmative, Nays--
Those who voted in the affirmative are,
Messrs. Adams, Atchison, Borland, Bright, Cass, Chase, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Fish, Gwin, Houston, James, Jones of Iowa, King, Mallory, Morton, Sebastian, Seward, Shields, Smith, Soulé, Sumner, Toucey, Wade, Walker.
Those who voted in the negative are,
Messrs. Badger, Bayard, Bell, Brooke, Butler, Charlton, Clarke, Davis, Dawson, De Saussure, Foot, Geyer, Hale, Hamlin, Hunter, Jones of Tennessee, Mason, Meriwether, Pratt, Spruance, Upham.
No further amendment being proposed,
On motion by Mr. Hunter, that the Senate proceed to the consideration of the bill (H. R. 196) making appropriations for the civil and diplomatic expenses of the government for the year ending the 30th of June, 1853, and for other purposes.
28 On motion by Mr. Borland, The yeas and nays being desired by one-fifth of the senators present, Those who voted in the affirmative are,
Messrs. Adams, Bayard, Brooke, Butler, Charlton, Dawson, De Saussure, Downs, Gwin, Houston, Hunter, King, Mallory, Mason, Meriwether, Morton, Norris, Soulé, Toucey.
Those who voted in the negative are,
Messrs. Badger, Bell, Borland, Bright, Cass, Chase, Clarke, Davis, Dodge of Wisconsin, Dodge of Iowa, Douglas, Felch, Fish, Geyer, Hale, James, Jones of Iowa, Jones of Tennessee, Pratt, Sebastian, Seward, Shields, Smith, Spruance, Sumner, Underwood, Wade, Walker.
The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 282) making appropriations for the improvement of certain harbors and rivers; and,
On motion by Mr. Cass, The Senate adjourned.
WEDNESDAY, August 18, 1852.
Mr. Davis presented a petition of John Rourke and others, praying the appointment of a tribunal to decide cases of appeal from the decisions of the commissioner of patents; which was referred to the Committee on the Judiciary.
Mr. Davis presented the petition of Samuel S. Lewis, agent of the British and North American royal mail steam packet company, praying that certain custom-house bonds may be cancelled; which was referred to the Committee on Finance.
Mr. Hale submitted the following resolution for consideration:
Resolved, That the Committee on Foreign Relations be instructed to inquire into the expediency of re-annexing the Lobos islands.
Mr. Jones, of Iowa, submitted the following resolution; which was read: Resolved, That the Secretary of the Senate be directed to pay to F. B. Gilbert, a page in the Senate, the same compensation as was allowed the other pages for the second session of the thirtieth Congress.
The Senate proceeded to consider the resolution by unanimous consent; and
Ordered, That it be referred to the committee to audit and control the contingent expenses of the Senate.
On motion by Mr. Geyer, Ordered, That the Committee on the Judiciary be discharged from the further consideration of the following subjects:
Memorial of the legislature of Wisconsin, relative to the jurisdiction of the United States district court for that State; Memorial of citizens of Lee county, Iowa-presented March 30 ; Memorial of Isaac Galland; Memorial of James M. Crane.
On motion by Mr. Borland, Ordered, That the Committee on Public Lands be discharged from the further consideration of the memorial of the legislature of Alabama-presented the 16th February.
On motion by Jir. Felch, Ordered, That the Committee on public lands be discharged from the further consideration of the memorial of F. A. Chenoweth, and from the further consideration of the petition of Robert Johnson.
Mr. Borland, from the Committee on Public Lands, to whom was referred the memorial of Robert Mills, presented the fifth of May, submitted a report (No. 344;) which was ordered to be printed.
Mr. Geyer, from the Committee on the Judiciary, to whom was referred the bill (S. 332) supplemental to an act entitled "An act extending the jurisdiction of the district courts to certain cases upon the lakes and navigable waters connecting the same," approved February 26, 1845, reported it without amendment, and that it ought not to pass.
Mr. Felch, from the Committee on Public Lands, to whom was referred the bill (H. R. 224) to amend an act entitled “ An act to create the office of surveyor general of the public lands in Oregon, and to provide for the survey, and to make donations to the settlers of the said public lands," approved September 27, 1850, reported it with an amendment.
On motion by Mr. Borland, Ordered, That the Committee on Public Lands be discharged from the further consideration of the following bills and joint resolution :
S. 102. Bill to amend an act approved March 2, 1831, entitled "An act to provide for the punishment of offences committed in cutting, destroying or removing live oak and other timber or tress reserved for naval
S. 122. Bill to grant the Hot Springs, in Arkansas, to that State, and to secure the interests of bona fide settlers within the limits of the Hot Spring reservation;
S. Ř. 35. Joint resolution giving the assent of Congress to an act of the Legislature of the State of Mississippi, appropriating a portion of the swamp and overland lands granted to said State by the act approved September 28, 1850.
Mr. Dodge, of Iowa, from the Committee on Public Lands, reported a
bill (S. 540) to create an additional land office in the Territory of Minnesota ; which was read, and passed to the second reading.
The bill last mentioned (S. 540) was read the second time by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.
Ordered, That it be engrossed and read a third time.
Mr. Hunter, from the Committee on Finance, reported a bill (S. 541) to extend the warehousing system by establishing private bonded warehouses, and for other purposes ; which was read and passed to the second reading.
Agreeably to notice, Mr. Gwin asked and obtained leave to bring in a bill (S. 542) granting to the State of California the right of way and a donation of public lands for the purpose of constructing a canal across the Sierra Nevada valley ; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.
The bill (S. 469) for the relief of Captain Langdon C. Easton, assistant quartermaster United States army, was read a second time, and considered as in Committee of the Whole.
On motion by Mr. Shields, Ordered, That the further consideration of the bill be postponed to Friday next.
The bill (H. R. 76) making a grant of public lands to the several States and Territories of the Union for the benefit of indigent insane persons, was read the first and second times by unanimous consent.
On motion by Mr. Shields, Ordered, That it be referred to a select committee consisting of five members, to be appointed by the President pro tempore; and
Mr. Shields, Mr. Pearce, Mr. Bell, Mr. Hamlin and Mr. Davis were appointed the committee.
The bill (H. R. 143) to regulate and fix the annual salary of the American consul at the city of Amsterdam, was read the first and second times by unanimous consent, and referred to the Committee on Commerce.
The following engrossed bills were severally read a third time:
S. 28. A bill granting to the State of Michigan the right of way and a donation of public land for the construction of a ship canal around the falls of St. Mary, in said State;
S. 508. A bill for the settlement of a certain class of private land claims within the limits of the D'Autrieve claim, and for allowing pre-emption to certain purchasers and actual settlers, in the event of the final adjudication of the title of said D'Autrieve in favor of the United States, and for other purposes.
Resolved, That the said bills pass, and that the titles thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
The Senate proceeded to consider, as in Committee of the Whole, the following bills :
H. R. 176. An act for the relief of David Murphy;
H. R. 257. An act to amend an act entitled “An act to settle and adjust the expenses of the people of Oregon in defending themselves from attacks and hostilities of Cayuse Indians in the years 1847 and 1848," approved February 14, 1851; and,