valid pensions, at the rate of eight dollars a month, commencing July first, eighteen hundred and forty-eight, to continue during his natural life. Approved August 30, 1850. Preamble. tain land to be as to heirs of Cot-te- CHAP. 46.—AN ACT for the relief of Al-lo-lah and his legal representatives and their grantees. Whereas, in the survey and location of the section of land granted to "Al-lo-lah" by the twelfth article of the treaty concluded at the Forks of the Wabash, Indiana, on the sixth November, A. D. eighteen hundred and thirty-eight, and ratified February eighth, eighteen hundred and thirty-nine, between the United States and the Miami tribe of Indians, a mistake was made whereby the same was located below and adjoining the section granted to Mais-shir-goim Mi-yah, and on the same creek, and not above, as required by the provisions of said treaty; and whereas, since the erroneous location of said reserve, the section described in said treaty has been sold and conveyed to bona fide purchasers by the United States; and whereas, since the death of said Al-lo-lah, his legal heirs have sold and conveyed their interest in said reservation to Cot-te-sepawn and his heirs— [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asThe title to cer- sembled, That the title of the lawful heirs of Cot-te-se-pawn ̧ perfect the in and to the reserve situate in township twenty-seven, north of trange seven east of the second principal meridian, Indiana, surveyed and designated as survey number twenty-one, containing six hundred and forty acres, according to the map of Indian grants certified by the Surveyor General on the second of September; A. D. eighteen hundred and forty, be confirmed as fully and effectually as if the same had been originally reserved to Al-lo-lah by the treaty above recited; and that upon Patent to issue. the surrender of the patent heretofore issued to the said Al-lolah, another patent be issued therefor to Cot-te-se-pawn and to his heirs: Provided, however, That the said land remain subject to such contracts and liabilities as may have lawfully accrued against and upon the same during the life-time of the said Cot-te-se pawn. Proviso. Approved August 30, 1850. CHAP. 47.-AN ACT in relation to donations of land to certain persons in the State of Arkansas. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asClaims to dona- sembled, That all claims to donations of land in the State of the proper officer, Arkansas, which have been adjudicated and allowed by the tions, allowed by ed to other rights tered within one register and receiver of the proper land district, in virtue of the which have yieldprovisions of the eighth section of the act of Congress, approved and not relocaon the twenty-fourth of May, one thousand eight hundred and ted, may be entwenty-eight, entitled "An act to aid the State of Ohio in ex- year, under certending the Miami Canal from Dayton to Lake Erie, and to tain restrictions. 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 of other subsequent acts of Congress on the same subject and which have not been located and patent certificates issued therefor, or which having been so located were compelled to yield to other and. prior rights, either in whole or in part, and not subsequently relocated within the period fixed by law, may be entered with the register of any one of the land offices in the State of Arkansas, at any time within one year from the passage of this act, in the same manner and under the same restrictions and conditions, as existed prior to the twenty-fourth day of May, one thousand eight hundred and thirty-eight, the day last limited for the location of these claims: Provided, That no such claim shall be so located against which fraud has been or may be alleged until all objection thereto shall have been removed, to the satisfaction of the Commissioner of the General Land Office. Approved August 30, 1850, CHAP. 48.-AN ACT to grant a register to the barque Jas. Patton, Jun'r, now the Grenadien barque "Bogota." Proviso.. A new register Proviso. [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 is hereby authorized and directed, to grant a register to the barque Jas. to issue. Patton, Jun'r., owned by Mr. Benson, an American citizen, residing in the city of New York: Provided, It shall be made to appear to the satisfaction of the Secretary of the Treasury that the aforesaid barque Jas. Patton, Jun'r, is an American built vessel, formerly owned by the said John Benson, and conveyed by him to foreign owners under the name of "Bogota;" but subsequently re-transferred to him, the terms of the sale aforesaid not having been complied with. Approved September 9, 1850. CHAP. 49.-AN ACT proposing to the State of Texas the establishment of her northern and western boundaries, the relinquishment by the said State of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a territorial government for New Mexico. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following propositions shall be, and the same hereby are, offered to the State of Texas, which, when agreed when accepted, to by the said State, in an act passed by the General Assembly, Propositions offered to Texas, to be binding up, on the U. States. Texas relinquishes all claim of her debts or indemnity, &c. shall be binding and obligatory upon the United States, and upon the said State of Texas: Provided, The said agreement by the said General Assembly shall be given on or before the first day of December, eighteen hundred and fifty: FIRST. The State of Texas will agree that her boundary on the north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty minutes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; thence her boundary shall run due south to the thirty-second degree of north latitude; thence on the said parallel of thirty-two degrees of north latitude to the Rio Bravo del Norte, and thence with the channel of said river to the Gulf of Mexico. SECOND. The State of Texas cedes to the United States all her claim to territory exterior to the limits and boundaries which she agrees to establish by the first article of this agree ment. THIRD. The State of Texas relinquishes all claim upon the upon the United United States for liability of the debts of Texas, and for comStates for libbiy pensation or indemnity for the surrender to the United States of her ships, forts, arsenals, custom-houses, custom-house revenue, arms and munitions of war, and public buildings with their sites, which became the property of the United States at the time of the annexation. $10,000,000 in stock bearing five to Texas. Stock to be issued when Texas S. notified there of. Proviso. FOURTH. The United States, in consideration of said esper cent. interest tablishment of boundaries, cession of claim to territory, and To be paid to relinquishment of claims, will pay to the State of Texas the sum of ten millions of dollars in a stock bearing five per cent. interest, and redeemable at the end of fourteen years, the interest payable half-yearly at the Treasury of the United States. FIFTH. Immediately after the President of the United States shall have ac- shall have been furnished with an authentic copy of the act of cepted these pro- the General Assembly of Texas accepting these propositions, positions, and President of U. he shall cause the stock to be issued in favor of the State of Texas, as provided for in the fourth article of this agreement: Provided, also, That no more than five millions of said stock shall be issued until the creditors of the State holding bonds and other certificates of stock of Texas for which duties on imports were specially pledged, shall first file at the Treasury of the United States releases of all claim against the United States for or on account of said bonds or certificates in such form as shall be prescribed by the Secretary of the Treasury and approved by the President of the United States. Provided, pro- That nothing herein contained shall be construed to impair or qualify any thing contained in the third article of the second section of the "joint resolution for annexing Texas to the United States," approved March first, eighteen hundred and forty-five either as regards the number of States, that may hereafter be formed out of the State of Texas, or otherwise. Further viso. Boundary defined, and tem SEC. 2. And be it further enacted, That all that portion of porary govern the Territory of the United States bounded as follows: Begin the name of the ning at a point in the Colorado river where the boundary line ment created by with the Republic of Mexico crosses the same; thence east- Tenitory of New wardly with the said boundary line to the Rio Grande; thence Mexico. following the main channel of said river to the parallel of the thirty-second degree of north latitude; thence east with said degree to its intersection with the one hundred and third degree of longitude west of Greenwich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre; thence south with the crest of said mountains to the thirty-seventh parallel of north latitude; thence west with said parallel, to its intersection with the boundary line of the State of California; thence with said boundary line to the place of beginning-be, and the same is hereby, erected into a temporary government by the name of the Territory of New Mexico: Provided, That nothing in this act contained shall be construed to inhibit the Government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State; And provided further, That when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission. Proviso.. Further viso. pro Executive power vested in a His duties de SEC. 3. And be it further enacted, That the executive power and authority in and over said Territory of New Mex- Governor, &c. ico shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the fined. duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the Legislative Assembly before they shall take effect; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed. Secretary His duties de SEC. 4. And be it further enacted, That there shall be a Secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the Legislative Assembly herein- fined, &c. after constituted, and all the acts and proceedings of the Governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time two copies of the Jaws to the Speaker of the House of Representatives and the ernor in certain President of the Senate, for the use of Congress. And, in To act as Gov- case of the death, removal, resignation, or other necessary absence of the Governor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform all the powers and duties of the Governor during such vacancy or necessary absence, or until another Governor shall be duly appointed to fill such vacancy. Legislative power: how vested. tive Assembly House of Repre- taken previous to SEC. 5. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the The Legisla- Governor and a Legislative Assembly; the Legislative Asto consist of a sembly shall consist of a Council and House of RepresentaCouncil and tives. The Council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, Apportionment and whose term of service shall continue one year. An apporof representation. tionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and House of Representatives, giving to each section of the Territory, representation in the ratio of its population, (Indians excepted,) as nearly as may be. And the members of the Council and of the House of Representatives, shall reside in, and be inhabitants of, the district for which they may be elected A census to be respectively. Previous to the first election, the Governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken, and the first election shall be held at such time and places, and be conducted in such manner as the Governor shall appoint and direct; and he shall at the same time, declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under Elections: how this act. The number of persons authorized to be elected having the highest number of votes in each of said Council districts for members of the Council, shall be declared by the Governor to be duly elected to the Council; and the person or persons, authorized to be elected, having the greatest number of votes for the House of Representatives, equal to the number to which each county or district shall be entitled, shall be declared by the Governor to be duly elected members of the House of Representatives; Provided, That in case of a tie between two or more persons voted for, the Governor shall order a new election to supply the vacancy made by such tie. And the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall appoint; but thereafter the time place and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives according to population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the Legislative Assembly: Provided, That no one session shall exceed the term of forty days. conducted. Proviso. Further viso. pro ་ |